HomeMy WebLinkAboutpitkin.planning.264334100010 (2008)DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and/or P&Z
Ordinance for the BOCC and/or P&Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat copies (llxl~
UPDATED ADDRESS NOTIFICATION
Date: 10/27/2025 Assignment Number: 2025 - 35
Updated Address:
NONE (previously planned single family residence)
84 BUNKER LOOP (CDU) - Verified
89 BUNKER LOOP (Barn w/ living quarters) - Verified
Aspen, CO 81611
Former Address: 26 Bunker Loop (TO BE RETIRED)
Reason for Assignment: Retire the address for the planned build of a new home. This
address is no longer needed.
Parcel ID: 264334100010
Property Owner Name: SUSAN BURNS FAMILY TRUST
Election Split: 6.3.009.0
Note: The primary address for this parcel will now be 89 BUNKER LOOP. The original
home addressed as 84 BUNKER LOOP will also remain active.
Please contact me for any questions or further clarification.
Thank you.
Michelle Steinberg
Addressing Coordinator, Pitkin County Government | IT
Phone: 970.379.2472 (O)
Email: michelle.steinberg@pitkincounty.com
Address: 530 E Main St #203, Aspen, CO 81611
Bonnie Shiles <bonnie.shiles@pitkincounty.com>
2021 - 39, Bunker Loop Updated Provisional Addressing Notification
1 message
Tyler Lambuth <tyler.lambuth@pitkincounty.com>Tue, Oct 19, 2021 at 12:19 PM
To: "Susan L. Burns" <susanleiburns@me.com>, Larisa LaLonde <larisa.lalonde@pitkincounty.com>, Kristi Long
<kristi.long@pitkincounty.com>, Brian Pawl <brian.pawl@pitkincounty.com>, Bonnie Shiles <bonnie.shiles@pitkincounty.com>, Joanna
Schaffner <Joanna.Schaffner@pitkincounty.com>, Kurt Dahl <kurt.dahl@pitkincounty.com>, Schuyler Clay
<schuyler.clay@pitkincounty.com>, Alex Sanchez <alex.sanchez@pitkincounty.com>, Brian Davis <brian.davis@pitkincounty.com>, Bryan
Daugherty <bryan.daugherty@pitkincounty.com>, Catalina Cruz <catalina.cruz@pitkincounty.com>, GIS Department
<GIS@pitkincounty.com>, alison foto agley <aliagley@gmail.com>
PROVISIONAL ADDRESS NOTIFICATION
Date: 10/19/2021
Effective Date: 10/19/2021
Provisional Addressing:
31 Bunker Loop (Main Single Family Residence) → changes to 26 Bunker Loop
77 Bunker Loop (CDU) → changes to 84 Bunker Loop
89 Bunker Loop (Barn) → NO CHANGE
Aspen, CO 81611
Former Address: 2660 McLain Flats Rd (Still in Service)
Reason for Assignment: Updated to reflect correct parity of even/odd numbers
Parcel ID: 264334100010
Property Owner Name: WAGNER PROPERTIES LLC
Note: Provisional Addressing is being updated to reflect the correct parity of even/odd numbers.
These addresses will remain in the provisional/pending state while County Addressing works with the
surrounding properties to update the non-conforming driveway that accesses Bunker Loop. The new
addresses should be used for any new permits on this property.
Please contact me for any questions or Further Clarification.
Thank You,
Tyler Lambuth (Interim Addressing Assistant)
GIS Analyst, Pitkin County Government | IT
Phone: 970.920.5012 (O)
Email: tyler.lambuth@pitkincounty.com
Address:530 E Main St #203, Aspen, CO 81611
2 attachments
2021 - 39, Bunker Loop Updated Provisional Addressing Notification.docx
13K
2021 - 39, map Bunker Loop Provisional Updates.pdf
2260K
WHITEHORSESPRINGSLNMCLAI
NF
L
AT
S
RD2680
2670
2650
2640
2350
2480
89
´Legend
Driveway Parcel Boundary
Road Centerline 1:2,800
Address AssignmentDate: 10/14/2021
Updated Provisiona l Address:26 Bunker LoopAspen CO 81611
New Single Family R esidence
26
84
Updated Provisiona l Address:84 Bunker Lo opAspen CO 81 611
Existing Sing le Family Home (CDU)
BUNKER LO O P
Non-ConformingDriveway/NameTBD
41d
=T'KINOUNT
ADDRESS NOTIFICATION
Date: 4/27/2018
Effective Date: 4/27/2018
Provisional Addressing:
31 Bunker Loop (Main Residence)
77 Bunker Loop (CDU)
89 Bunker Loop (Barn)
Aspen, CO 81611
Former Address: 2660 McLain Flats Rd (Still in Service)
Reason for Assignment: Non Conforming Driveway
Parcel ID: 264334100010
Property Owner Name: WAGNER PROPERTIES LLC
Note: Provisional Addressing is being assigned to allow permitting and
construction to begin while County Addressing works on updating the
surrounding properties. Bunker Loop should be used for any new permits on this
property.
Please contact for any questions or Further Clarification.
Thank You,
Alex Durant
Public Safety GIS Analyst, Pitkin County Government I BITS
Phone: 970.429.6113 (0)
Email: alex.durant@pitkincounty.com
Address: 123 Emma Rd #106, Basalt, CO 81621
Parcel ID: 2643-34-1-00-010 Application Date: 1/2/08 Case No: P002-08
Description:
Planner: Mike Kraemer
# Copies: 6
Allocated Hours: 12
Project Address: 2600 MCLAIN FLATS RD, ASPEN, CO 81611 % Over Hours: 4.4
Property Owner: BURNS L SUSAN
Owner's REP: MITCH HAAS
REP's Email:
Address: 257 GLEN EAGLE DR Owner Phone:
ASPEN, CO 81611
Address: 201 N MILL ST, SUITE 108 REP's Phone: (970) 925-7819
ASPEN. CO 81611
Referrals: EH & NR REFERRAL Other Referrals: Housing
CDOW White Horse Springs Water Dist
FIRE DEPT -ASPEN
ALL OTHER REFERRALS
Comments Due Date:
Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting:
Meeting Date:
Review Body: admin
Public Hearing? yes
Notice Date: 0 211 7/2 0 0 8
Meeting Notes:
Approvals:
BOCC Resolution #: P8Z Determination #:
BOCC Ordinance #: HO Determination #: 005-2008 #549223
Admin Determination #:
Other Information:
VR Approval Date: Plat Recorded Date:
VR Expires Date: Plat (Bk, PG):
Remarks: vpn to rep 5/25/08
Application Type: Activity Envelope
Site Plan
caretaker Dwelling Unit (CDU)
RECEPTION#: 549223, 05/16/2008 at
11:06:52 AM,
1 OF 9, R $0.00 Doc Code
DETERMINATION
Janice K. Vos Caudill, Pitkin County, CO
DETERMINATION OF THE HEARING OFFICER OF THE COMM[INITY DEVELOPMENT
DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE NEIMAN/BURNS
ACTIVI'T'Y ENVELOPE AND SITE PLAN REVIEW, SPECIAL REVIEW FOR A TDR
RECEIVER STTE, AND SPECLAL REVIEW FOR A CDU
Hearing Officer Determination No.~-2008
RECITALS
1. John Neiman and Susan Burns ("Applicants") have applied to the Pitkin County Heaing Officer
("Heaing Officer") for Activity Envelope, Site Plan Review, Special Review for a TDR Receiver Site,
and Special Review for a CDU.
2. The Lot is located at 2600 McLain Flats Road and commonly described as Lot 7, Block 1 of the White
Horse Springs Subdivision. PID#: 2643-341-00-010. (Legal Description, Attachment A).
3. The Lot contains approximately 5 acres and is in the AR-10 zone district.
4. The Applicants submitted a complete application after July 6, 2006, therefore, the application is being
considered pursuant to the 2006 Land Use Code.
5. Currently, the lot is developed with a stone fagade, single family residence of approximately 2,600
square feet. The residence is visible from Hwy 82.
6. The Hearing Officer considered this application at a duly noticed public hearing on March 19, 2008,
and at continued hearings on April 15`s and 22"d, 2008 at which time evidence and testimony were
presented with respect to this application. The Hearing Officer finds that the property is subject to
the scenic review standards set forth in Section 7-20-120, of the 2006 Land Use Code. The property
and proposed development are within the Scenic View Protection Areas for State Highway 82 and
McLain Flats Road. See, Section 7-20-120 (b)(1)(a) and (I). The Hearing Officer finds that the
proposed single-family residence, with the restrictions set forth herein, complies with the standards
set forth in Section 7-20-120(d)(1) and (2), as well as 7-20-120(e) to the best extent practicable given
the competing view protection areas. The Hearing Officer also finds that the proposed development,
with the conditions set forth herein, complies with Section 2-30-30(h)(2)(g).
7. The Hearing Officer further finds that the parcel is (1) eligible to receive 2 TDR's; and (2) can
accommodate a detached CDU subject to the conditions outlined below.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Community Development
Hearing Officer that he does hereby approve the Neiman/Burns Activity Envelope and Site Plan Review,
Special Review for a TDR Receiver Site, and Special Review for a CDU subject to the following
conditions, which shall run with the land and be binding on all successors in interest.
1. The Applicants shall adhere to all material representations made 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. At the time of building permit submittal, the Applicants shall surrender the TDR's for additional floor
area up to 10,750 square feet from a base 5,750 squaze feet. Floor azea is limited to 10,750 square feet
without further special review for additional TDR's or a Growth Management allocation.
Hearing Officer Determination No~- 2008
Page 2
3. 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.
4. 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 an Activity Envelope and
Site Plan that illustrates the approved building 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. The Site Plan shall also incorporate the following
changes:
a) Redraw the activity envelope 20' from the top of the slope,
b) The Activity Envelope and Site Plan shall show all locations of development;
c) Remove the Community Development Director signing block and replace it with a
Hearing Officer signing block.
5. The Applicants shall adhere to the scenic representations made in the April 15th Hearing Officer
meeting. These representations specifically include the following:
a) Windows shall not be visible from Hwy 82. The roofs (including fascia) and
chimney shall be the only portion of the residence visible from this corridor.
b) The maximum roof elevation of the upper element of the residence shall be 7925.5'
or less (to the ridge), and the roof pitch shall not exceed 7:12. The finished first
floor elevation of that element shall be 7907'.
c) The middle element of the residence shall have a finished floor elevation of 7900.5'.
d) The site plan shall be as represented to the Hearing Officer, including the setback
distances indicated from the "top of slope."
6. The Applicants shall submit for review and approval by the Land Manager, a post construction
revegetation plan that is consistent with the natural vegetation in the area. This plan shall address
revegetation of disturbed areas due to construction and mitigate removed sage brush to a practical
extent. This plan shall include mitigation measures for any trees removed that are 6" d.b.h. or greater
pursuant to Section 7-20-10(c) of the Code. The plan shall also include plantings that reasonably screen
the residence from McLain Flats Road and Hwy 82.
7. The Applicants shall comply with all representations made in the Site Plan Review including but not
limited to the following:
a) Utilization of earth tone colors and materials on the building fagade;
b) Installation ofnon-reflective roofing;
c) All lighting shall comply with the Code.
8. 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.
Hearing Officer Determination Nd/S -2008
Page 3
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.
E. Submit engineered plans for retaining walls 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.
9. Standards Applicable for Development in a Medium 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):
a) Brush, debris, and non-ornamental vegetation shall be removed within a minimum 15"
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.
b) Beyond 1S up to 3S or to the property line, maintain natural and/or irrigated grass at
less than 6"and thin existing trees, sagebrush, and brush into individual clusters except
for the vegetation that is outside the activity envelope leading down the slope to the
River. All deadfall down the slope shall be removed. Limbs shall be pruned to '/z the
height or 10' whichever is less.
c) No brush or shrubs which when mature shall be tall enough to act as ladder fuels.
Clusters of brush or trees should be separated from each other and from those beyond the
35' area by a distance of 2 %z times the height of the mature vegetation. The diameter of
a cluster a cluster shall be limited to 2 '/~ times the height of the mature vegetation. The
pine trees to the west of the CDU shall be considered a group. Leave at least 15'
between the structure and group.
d) Thin and remove lower branches of brush or shrubs within clusters or individual plants
to eliminate ladder fuel. Cut ends of brush shall be treated with Garlon or an equivalent
by a person licensed to apply herbicides. Cut materials shall be removed or chipped and
spread.
e) All deadfall up to a one hundred (100) foot perimeter shall be removed.
f) The property owner shall be responsible for the continued maintenance of the defensible
space vegetation requirements.
B. Access
a) Access roads and driveways shall be built to County standards; however, these standards
may be increased to mitigate wildfire hazards based on comments provided by the
Hearing Off~cer• Determination Nod-2008
Page 4
Colorado State Forest Service, the Sheriffls 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 tumaround 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.
b) New dead-end streets shall not be permitted, except for cul-de-sacs and other
turnarounds accepted by the applicable local fire district.
c) Cul-de-sac turnaround pads shall have a minimum of a thirty (30) foot drivable surface
inside turning radius or a hammerhead or other T-turn area acceptable to the applicable
local fire district.
d) New driveways and access roadway shall enter the roadway at aninety-degree (90°)
angle for the first twenty-Sve (25) feet of the driveway.
C Water Supply for Fire Safety
a) 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.
b) Any fire department recommendation for individual structure water supply and storage
shall be accessible to fire department vehicles from the exterior of the structure through a
fire department approved mechanism (such as a fire hydrant). The Lot shall have a
minimum 20,000 gallon water storage tank. Verification of the closest hydrant
satisfactory to the AFPD can mitigate this requirement.
c) 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:
A. Medium Hazard Area
1. 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 roof assembly.
Hem~ing Officer Determination No~ -2008
Pnge 5
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.
f. All roof designs, coverings, or equivalent assemblies shall be specifically
approved by the Fire Marshall prior to submittal of a building permit
application.
No wood shakes or shingles.
All other adopted Building Code compliant methods and materials permitted.
E. Maintenance and Miscellaneous Requirements
A. Roofs and gutters shall be kept clear of debris.
B. Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth
('/<) inch maximum.
C. Any outbuilding shall adhere to the same wildfire requirements.
D. Yards shall be kept clear of all litter, slash and flammable debris.
E. All flammable materials shall be stored on a parallel contour a minimum of fifteen (15)
feet away from any structure.
F. Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not
more than six (6) inches.
G. Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15)
feet away from the structure.
H. Swimming pools and ponds shall be accessible by the local fire district.
I. Fences shall be kept clear of brush and debris.
J. Wood fences shall not connect to other structures.
K. Fuel tanks shall be installed underground with an approved container.
L. 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.
M. Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher.
N. 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.
10. 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
Hem•iisg Officer Determination NoVJ -2008
Puge 6
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. 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.
G. 1n areas of high black bear activity, fruit bearing trees and shmbs 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 two (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 containers.
M. Pet food shall not be left outside.
11. The detached CDU shall not exceed 1000 net livable square feet of floor area, which shall count
toward the total allowable floor area for the lot. The kitchen contains the following, as defined in the
Aspen/Pitkin County Employee Housing Guidelines: a minimum of a two-burner stove with oven,
standard sink, and a refrigerator plus freezer. The oven must be able to bake and broil and be at least 5
cubic feet; the sink must measure at least 14"WX16"DX5.25"H; refrigerator must be at least 5.3 cubic
feet and include at least a .73 cubic foot freezer. The floor plan for the CDU shall be submitted to the
County Housing Office for review. At building permit submittal, the Applicant shall provide proof of
adequate water for the CDU.
12. The Applicant shall, by recording a covenant prior to issuance of building permit, guarantee that the
caretaker unit:
a. Shall not be required to be rented;
b. Shall not be sold or otherwise conveyed or separated from the original parcel regardless of the
ultimate form of ownership of the caretaker unit;
c. Shall be limited to occupancy by not more than two adults and related children, who qualify as
(and have been found by the Housing Office to be) employees of the community under such
Hearing Officer Determination No~ -2008
Page 7
guidelines as may be from time to time established, or members of the owner's immediate
family, even though they may not qualify as employees of the community;
d. Shall be rented for terms not less than 6 months if rented.
13. Upon completion of the CDU, but prior to issuance of the Certificate of Occupancy, CounTy Housing
Office staff shall be entitled to conduct an inspection of the CDU for compliance with the above-
referenced requirements.
14. The caretaker dwelling unit restriction may be removed by the property owner upon approval of the
Community Development Director, subject to the requirement that the dwelling is removed or modified.
If modified, the remaining improvements must no longer be capable of occupancy as a dwelling unit
and must meet otherwise applicable Code requirements.
15. The provisions of this regulation aze for the purpose of providing a voluntary CDU on a legally created
lot or pazcel in the County. Any unit approved under this provision of the Pitkin County Land Use shall
not be used for mitigation of employee housing requirements as established elsewhere in said Code.
16. No development shall occur outside the approved envelope, 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.
17. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake
the corners of the activity envelope and install construction fencing around the construction site
within the perimeter of the building envelope. The fencing shall remain in place until issuance of a
Certificate of Occupancy.
18. Failure to comply with these conditions of approval may result in revocation of this permit or any
subsequent permits related to this property or vested rights associated with this property.
19. Statutory vested rights for the approval contained herein aze granted pursuant to the Pitkin County
Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use
Code, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on
April 30, 2011.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIlVIES WEEKLY on the
17"' day of February 2009.
APPROVED AND ADOPTED this 30~' day of April, 2008.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the
Ashen Times Weekly on the day of 2008.
COMMUNITY DEVELOPMENT
DEPARTMENT HEARING OFFICER
OF PIT/~KIN COUNTY, COLORADO
By .f -- - -
ATTEST: J es R. True, Hearing Officer
Hearing Officer Determination Nd// -2008
Page 8
onnie Waechtler, Administrative Assistant
APPROVED AS TO FORM:
John Ely,
County y
Date Apri130, 2008
APPROVED AS TO CONTENT:
~J.+.ncft ~ awC~
Cindy Houben,
Community Development Director
P002-08; PID#2643-i41-00-010
~a ~5-ZOOS
Attachment A
Legal Description
SUB:WHITE HORSE SPRINGS BLK:1 LOT:7
SECT,TWN,RNG 34-9-85 DESC: A TR OF
'..LAND SIT IN LOTS 11,12 & 22 34-9-85
W OF THE 6TH PM LYING SLY OF THE
CENTER LINE OF A 30 FT RD EASEMENT
NLY OF THE VAN CLEAVE PLACER USMS
BGNNG AT A PT ON THE NLY LINE
OF SAID PLACER BETWEEN COR NO 23 &
24 OF SAID PLACER WH THE 4 COR
'COMMON TO SEC 34 & 35 OF SAID
':TOWNSHIP & RANGE BEARS S 48 DEG
59'00"E 1186.48 FT TH N 45 DEG
00'00"W 277.09 FT ALNG THE NLY
LINE OF SAID PLACER TH N 02 DEG
:02'00"W 134.00 FT TO THE NE COR OF
SAID LOT 22 TH S 89 DEG 4700"W
126.92 FT ALNG THE SLY LINE OF
SAID LOT 11 TO A PT ON THE NLY OF
SAID PLACER TH N 45 DEG 00'00"W
16].00 FT ALNG THE NLY LINE OF
SAID PLACER TH N 72 DEG 1 T00"E
417.02 FT TO A PT IN THE CENTER OF
'.SAID RD EASEMENT TH S 65 DEG
10'00"E 250.00 FT ALNG THE CENTER
LINE OF SAID RD EASEMENT TH 198.88
__.. _ _. _
'FT ALNG THE ARC OF A CURVE TO THE
(LEFT HAVING A RADIUS OF 771.72 FT
_.
THE CHORD OF WHICH BEARS S 72 DEG
.33'00"E 198.35 FT TH S 42 DEG
5T45W 544.89 FT TO A PT ON THE
NLY LINE OF SAID PLACER THE POB
MEMORANDUM
TO: Jim True, Pitkin County Hearing Officer
FROM: Mike Kraemer, Planner~~
RE: Neiman/Burns Activity Envelope, Site Plan, Special Review for a TDR Receiver Site, and
Special Review for a CDU
DATE: April 1 S, 2008
REQUEST: The Applicants request Activity Envelope, Site Plan Review, Special Review for a CDU, and
Special Review for a TDR receiver site to construct a single family residence and convert an existing residence
into a CDU.
APPLICANT: John Neiman and Susan Burns
REPRESENTATIVE: Mitch Haas
LOCATION: 2600 McLain Flats Road. P[D#: 2643-341-00-010. (Legal Description, Attachment A).
ZONING/LOT SIZE: AR-10/5 acres.
2003 AERIAL PHOTO: The parcel is hi~hli;;hted in green.
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Page 1 of 3
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BACKGROUND, EXISTING CONDITIONS, and PREVIOUS MEETING ISSUES: The lot is part of the
White Horse Springs Subdivision and is described as Lot 7, Block 1, White Horse Springs. Currently, the lot is
developed with a stone fapade, single family residence of approximately 2,600 square feet. The residence is
visible from Hwy 82 and McLain Flats Road.
At the last meeting Staff felt there was a scenic impact viewable from Hwy 82 and recommended the residence
be shifted north to avoid a ~20' berm in effort to screen development with natural topogaphy and avoid
developing on the highest portion of the Lot. To address Staff's concerns the Applicant shifted an element of the
residence away from the top of slope, lowered the ridgeline of the roof of this element by 2', and showed
landscaping to block its view from Hwy 82. The scenic impact as viewed from Hwy 82 lessened with these
adjustments but the element of the residence that has been sited on the highest portion of the property is still a
concern to Staff.
In the last Hearing Officer memo dated March 19, 2008, Staff stated that the scenic impact from McLain Flats
Road was negligible. After further analysis of artistic renderings of the development, Staff feels that there is a
scenic impact as viewed from this Road, mainly the portion of the residence that has been sited on top of the ~20'
berm. Staff is concerned with this element of the residence as viewed from the McLain Flats and feels that this
portion should be moved in effort to avoid developing on the Lot's highest, most visible portion.
Staff brought to the Applicants' attention Code Section 7-20-120(e): Rural Character Guidelines for Building
Location. This section was not initially called out in the pre-application conference summary sheet however
Staff feels it is applicable to this development proposal. The Code section states:
"In addition to complying with the standards of subsection (d) above (f
applicable), all development in Rural Areas should be located so that activities
and development occur in one or a combination of the following locations as
they may apply to the particular property: (I) at the edge of an open meadow or
pasture; (2) behind an existing stand of vegetation; (3) behind or built into a
change irr natural topography; or (4) within a pasture or meadow, clustered in
the form of a ranch compound, or adjacent to or integrated into an existing
runch compound"
Application of this code section to this site, renders the following analysis: (1) there is no meadow or pasture to
avoid; (2) there is no stand(s) of vegetation to locate development behind; (3) there is a ~20' naturally occurring
berm on the parcel that the Applicant has the ability to locate development behind or build into; and (4) not
applicable. The Applicant has shown an element of the residence on top of the berm. This element of the
residence is a concern to Staff as it will be very visible from McLain Flats Road. The picture below depicts this
berm with the element of the residence that is a concern to Staff outlined in Red:
Page 1 of 3
000(30"
Pursuant to Sections 7-20-120(d)(1), 7-20-120(d)(2), 7-20-120(e) and 2-30-30(G) Staff recommends the element
of the residence sited on top of the berm be removed to lessen the scenic impact.
STAFF COMMENTS:
Staff s last Hearing Officer memo addresses pertinent code sections for this development.
RECOMMENDATION: Staff recommends approval of the Neiman/Burns Activity Envelope and Site Plan
Review, Special Review for a TDR Receiver Site, and Special Review for a CDU subject to the attached draft
Hearing Officer Determination.
Attachments
A. Legal Description
' Mr Kraemer is a professional planner with a Bachelor's of Science in Economics and Sociology from the University of Wisconsin-La Crosse and Master's of Science in Urban and Regional Planning Rom
the University of Wisconsin. Mr. Kraemer works for the Pitkin County Community Development Department and reviews land use applications under the Pitkin ('ounty Land Use Code.
Page 3 of 3
~OOOtJ~
DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT
DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE NEIMAN/BURNS
ACTPVTI'Y ENVELOPE AND SITE PLAN REVIEW, SPECIAL REVIEW FOR A TDR
RECEIVER SITE, AND SPECIAL REVIEW FOR A CDU
Hearing Officer Determination No. = 2008
RECITALS
1. John Neiman and Susan Burns ("Applicants") have applied to the Pitkin County Hearing Officer
("Heazing Officer") for Activity Envelope, Site Plan Review, Special Review for a TDR Receiver Site,
and Special Review for a CDU.
2. The Lot is located at 2600 McLain Flats Road and commonly described as Lot 7, Block 1 of the White
Horse Springs Subdivision. PID#: 2643-341-00-010. (Legal Description, Attachment A).
3. The Lot contains approximately 5 acres and is in the AR-10 zone district
4. The Applicants submitted a complete application afrer July 6, 2006, therefore, the application is being
considered pursuant to the 2006 Land Use Code.
5. Currently, the lot is developed with a stone fagade, single family residence of approximately 2,600
square feet. The residence is visible from Hwy 82.
6. The Heazing Officer considered this application at a duly noticed public hearing on Mazch 19`" and
April 15`s, 2008 at which time evidence and testimony were presented with respect to this application.
The Hearing Officer finds that the proposed single family residence was sited in a fashion that it would
make it unnecessarily visible from Hwy 82 and McLain Flats Road. The Heazing Officer finds that
removing the element of the residence on the highest portion of the property will lessen the scenic
impact of the development.
The Hearing Officer further finds that the pazcel is (1) eligible to receive 2 TDR's; and (2) can
accommodate a detached CDU subject to the conditions outlined below.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Community Development
Hearing Officer that he does hereby approve the Neiman/Burns Activity Envelope and Site Plan Review,
Special Review for a TDR Receiver Site, and Special Review for a CDU subject to the following
conditions, which shall run with the land and be binding on all successors in interest.
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. At the time of building permit submittal, the Applicants shall surrender the TDR's for additional floor
area up to 10,750 squaze feet from a base 5,750 squaze feet. Floor area is limited to 10,750 squaze feet
without further special review for additional TDR's or a Growth Management allocation.
3. 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.
00000
Hearing Officer Determination No. --2008
Page 2
4. 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 an Activity Envelope and
Site Plan that illustrates the approved building 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. The Site Plan shall also incorporate the following
changes:
a) Redraw the activity envelope 20' from the top of the slope,
b) Remove the element of the residence that has been sited on top of the naturally
occurring berm;
c) The Activity Envelope and Site Plan shall show all locations of development;
d) Remove the Community Development Director signing block and replace it with a
Hearing Officer signing block.
5. The Applicants shall submit for review and approval by the Land Manager, a post construction
revegetation plan that is consistent with the natural vegetation in the azea. This plan shall address
revegetation of disturbed areas due to construction and mitigate removed sage brush to a practical
extent. This plan shall also include mitigation measures for any trees removed that aze 6" d.b.h. or
greater pursuant to Section 7-20-10(c) of the Code.
6. The Applicants shall comply with all representations made in the Site Plan Review including but not
limited to the following:
a) Utilization of earth tone colors and materials on the building fagade;
b) Installation ofnon-reflective roofing;
c) All lighting shall comply with the Code.
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
(I) 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.
E. Submit engineered plans for retaining walls 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.
8. Standazds Applicable for Development in a Medium Wildfire Hazard Area:
A. Defensible Space: The area around all buildings/structures, limited by property boundazies 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
000005
Hearing Offacer Determination No. -2008
Page 3
meet these conditions may not be necessary where the natural vegetation patterns have already
fulfilled these conditions):
a) Brush, debris, and non-ornamental vegetation shall be removed within a minimum 15"
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.
b) Beyond 15' up to 35' or to the property line, maintain natural and/or irrigated grass at
less than 6"and thin existing trees, sagebrush, and brush into individual clusters except
for the vegetation that is outside the activity envelope leading down the slope to the
River. All deadfall down the slope shall be removed. Limbs shall be pruned to 'h the
height or 10' whichever is less.
c) No brush or shrubs which when mature shall be tall enough to act as ]adder fuels.
Clusters of brush or trees should be separated from each other and from those beyond the
35' area by a distance of 2 '/z times the height of the mature vegetation. The diameter of
a cluster a cluster shall be limited to 2 %: times the height of the mature vegetation. The
pine trees to the west of the CDU shall be considered a goup. Leave at least 15'
between the structure and group.
d) Thin and remove lower branches of brush or shrubs within clusters or individual plants
to eliminate ladder fuel. Cut ends of brush shall be treated with Garlon or an equivalent
by a person licensed to apply herbicides. Cut materials shall be removed or chipped and
spread.
e) All deadfall up to a one hundred (100) foot perimeter shall be removed.
f) The property owner shall be responsible for the continued maintenance of the defensible
space vegetation requirements.
B. Access
a) Access roads and driveways shall be built to County standards; however, these standards
may be increased to mitigate wildfire hazards based on comments provided by the
Colorado State Forest Service, the 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.
b) New dead-end streets shall not be permitted, except for cul-de-sacs and other
turnarounds accepted by the applicable local fire district.
c) Cul-de-sac turnaround pads shall have a minimum of a thirty (30) foot drivable surface
inside turning radius or a hammerhead or other T-turn area acceptable to the applicable
local fire district.
000006
Hearing Offrcer Determination No. _-2008
Page 4
d) 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
a) 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.
b) Any fire department recommendation for individual structure water supply and storage
shall be accessible to fire department vehicles from the exterior of the structure through a
fire department approved mechanism (such as a fire hydrant). The Lot shall have a
minimum 20,000 gallon water storage tank. Verification of the closest hydrant
satisfactory to the AFPD can mitigate this requirement.
c) AlI 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:
A. Medium Hazard Area
1. 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 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.
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.
~Q0~~7
Hearing Oj~cer Determination No. _-?008
Page 5
E. Maintenance and Miscellaneous Requirements
A. Roofs and gutters shall be kept clear of debris.
B. Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth
(''/a) inch maximum.
C. Any outbuilding shall adhere to the same wildfire requirements.
D. Yazds shall be kept clear of all litter, slash and flammable debris.
E. All flammable materials shall be stored on a parallel contour a minimum of fifteen (15)
feet away from any structure.
F. Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not
more than six (6) inches.
G. Firewood/wood piles shall be stacked on a pazallel contour a minimum of fifteen (15)
feet away from the structure.
H. Swimming pools and ponds shall be accessible by the local fire district.
I. Fences shall be kept clear of brush and debris.
J. Wood fences shall not connect to other structures.
K. Fuel tanks shall be installed underground with an approved container.
L. Propane tanks shall be buried, if possible, or installed according to NFPA 58 standazds
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.
M. Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher.
N. 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.
9. 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 aze 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.
O~~QQ~
Hearing Officer Determination No. _-2008
Page 6
F. 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.
G. In areas of high black beaz 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 two (2)
trees or posts. All seed feeders shall include a seed catchment pan to catch discazded
seed.
L. Horse grains, pellets, and cookies shall be stored in bear resistant containers.
M. Pet food shall not be lefr outside.
10. The detached CDU shall not exceed 1000 net livable square feet of floor azea, which shall count
toward the total allowable floor area for the lot. The kitchen contains the following, as defined in the
Aspen/Pitkin County Employee Housing Guidelines: a minimum of a two-burner stove with oven,
standazd sink, and a refrigerator plus freezer. The oven must be able to bake and broil and be at least 5
cubic feet; the sink must measure at least 14"WX16"DXS:?5"H; refrigerator must be at least 5.3 cubic
feet and include at least a .73 cubic foot freezer. The floor plan for the CDU shall be submitted to the
County Housing Office for review. At building permit submittal, the Applicant shall provide proof of
adequate water for the CDU.
11. The Applicant shall, by recording a covenant prior to issuance of building permit, guarantee that the
cazetaker unit:
a. Shall not be required to be rented;
b. Shall not be sold or otherwise conveyed or sepazated from the original parcel regazdless of the
ultimate form of ownership of the caretaker unit;
c. Shall be limited to occupancy by not more than two adults and related children, who qualify as
(and have been found by the Housing Office to be) employees of the community under such
guidelines as may be from time to time established, or members of the owner's immediate
family, even though they may not qualify as employees of the community;
d. Shall be rented for terms not less than 6 months if rented.
12. Upon completion of the CDU, but prior to issuance of the Certificate of Occupancy, County Housing
Office staff shall be entitled to conduct an inspection of the CDU for compliance with the above-
referenced requirements.
13. The cazetaker dwelling unit restriction may be removed by the property owner upon approval of the
Community Development Director, subject to the requirement that the dwelling is removed or modified.
If modified, the remaining improvements must no longer be capable of occupancy as a dwelling unit
and must meet otherwise applicable Code requirements.
0~~~0~
Hearing Offacer Determination No. _-2008
Page 7
14. The provisions of this regulation are for the purpose of providing a voluntary CDU on a legally created
lot or parcel in the County. Any unit approved under this provision of the Pitkin County Land Use shall
not be used for mitigation of employee housing requirements as established elsewhere in said Code.
15. No development shall occur outside the approved envelope, 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.
16. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake
the corners of the activity envelope and install construction fencing around the construction site
within the perimeter of the building envelope. The fencing shall remain in place until issuance of a
Certificate of Occupancy.
17. Failure to comply with these conditions of approval may result in revocation of this permit or any
subsequent permits related to this properly or vested rights associated with this property.
18. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County
Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use
Code, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on
April 15`h, 2011.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the
17`" day of February 2009.
APPROVED AND ADOPTED this 15`s day of April, 2008.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the
Aspen Times Weekly on the _ day of , 2008.
COMMUNITY DEVELOPMENT
DEPARTMENT HEARING OFFICER
OF PITKIN COUNTY, COLORADO
ATTEST:
Bonnie Waechtler, Administrative Assistant
James R. True, Hearing Officer
Date
APPROVED AS TO FORM:
John Ely,
County Attorney
P002-08; PIDIt2643341-00-010
APPROVE(D'AS TO CONTENT:
Cindy Houben,
Community Development Director
o~~~La
Attachment A
Legal Description
__
ISUB:WHITE HORSE SPRINGS BLK:1 LOT:7
,SECT,TWN,RNG34-9-85 DESC: A TR OF
_...._
__ .
(LAND SIT IN LOTS 11,12 & 22 34-9-85
'W OF THE 6TH PM LYING SLY OF THE
CENTER LINE OF A 30 FT RD EASEMENT
`& NLY OF THE VAN CLEAVE PLACER USMS
:6832 BGNNG AT A PT ON THE NLY LINE
iOF SAID PLACER BETWEEN COR NO 23 &
___. _ - --
;24 OF SAID PLACER WH THE 4 COR
COMMON TO SEC 34 & 35 OF SAID
_....
`TOWNSHIP & RANGE BEARS S 48 DEG
159'00"E 1186.48 FT TH N 45 DEG
;00'00"W 277.09 FT ALNG THE NLY
:LINE OF SAID PLACER TH N 02 DEG
:'02'00"W 134.00 FT TO THE NE COR OF
SAID LOT 22 TH S 89 DEG 4700"W
126.92 FT ALNG THE SLY LINE OF
__ -- --_ _
SAID LOT 11 TO A PT ON THE NLY OF
+SAID PLACER TH N 45 DEG 00'00"W
161.00 FT ALNG THE NLY LINE OF
"SAID PLACER TH N 72 DEG 1 T00"E
..:417.02 FT TO A PT IN THE CENTER OF
SAID RD EASEMENT TH S 65 DEG
10'00"E 250.00 FT ALNG THE CENTER
__
"LINE OF SAID RD EASEMENT TH 198.88
--
FT ALNG THE ARC OF A CURVE TO THE
;LEFT HAVING A RADIUS OF 771.72 FT
....
_...
THE CHORD OF WHICH BEARS S 72 DEG
.33'00"E 198.35 FT TH S 42 DEG
:5T45W 544.89 FT TO A PT ON THE
:NLY LINE OF SAID PLACER THE POB
oQ0~1~
MEMORANDUM
TO: Jim True, Pitkin County ~H/~e/aring Officer
FROM: Mike Kraemer, Planner/!/~
RE: Neiman/Burns Activity Envelope, Site Plan, Special Review for a TDR Receiver Site, and
Special Review for a CDU
DATE: Mazch 19, 2008
REQUEST: The Applicants request Activity Envelope, Site Plan Review, Special Review for a CDU, and
Special Review for a TDR receiver site to construct a single family residence and convert an existing residence
into a CDU.
APPLICANT: John Neiman and Susan Burns
REPRESENTATIVE: Mitch Haas
LOCATION: 2600 McLain Flats Road. PID#: 2643-341-00-010. (Legal Description, Attachment A).
ZONING/LOT SIZE: AR-10/5 acres.
2003 AERIAL PHOTO: The parcel is highlighted in green.
Page 1 oj11
000001 0-~' ZS'
BACKGROUND AND EXISTING CONDITIONS: The lot is part of the White Horse Springs Subdivision
and is described as Lot 7, Block 1, White Horse Springs. Currently, the lot is developed with a stone fapade,
single family residence of approximately 2,600 squaze feet. The residence is visible from Hwy 82.
REFERRAL AGENCIES: The application was referred to the EH/NR, White Horse Springs Water District,
Housing, Aspen Fire District, and the Colorado Division of Wildlife (CDOW). Comments were received from
all, except from the White Horse Springs Water District, and incorporated throughout this memo.
STAFF COMMENTS:
ACTIVITY ENVELOPE (7-10-501:
Request for an Activity Envelope and Site Plan must comply with the provisions and policies of Chapter 7. A
site visit was conducted on March 5, 2008. No pictures are included in this memo as there was too much snow to
meaningfully illustrate the areas proposed for development. The Applicants have included multiple snowless
pictures of the Lot that accurately depict the areas proposed for development.
STEEP AND POTENTIALLY iTNSTABLE SLOPES: Land Use Code Sec. 7-20-20 addresses standazds for
development on potentially unstable slopes;
Response: The Lot is relatively flat with the southern portion encumbered by slopes > 30% that lead down to
the Roaring Fork River. However the portion of the lot where the activity envelope has been proposed avoids
this steep area. There are no areas within the proposed envelope that include slopes > 30%.
WATER COURSES AND DRAINAGE: Land Use Code Sec. 7-20-30 addresses water resource standards
which are applicable to all development.
Response: There are no major water courses or drainages that exist on the Lot. Drainage and erosion plans will
be required to be submitted and approved prior to building permit issuance.
WILDFII2E: Land Use Code Subsection 7-20-60 addresses development in wildfire hazard areas.
Response: The Applicants have provided a wildfire report from David Hoefer that has rated the parcel as a
moderate wildfire hazazd. Hoefer's recommendations will be incorporated into conditions in the draft
Determination. The Aspen Fire District also commented on the application (Attachment B) and recommended
the Applicants supply 20,000 gallons of water for fire protection or provide verification of the closest hydrant to
alleviate the recommendation.
WILDLIFE: Land Use Code Sec. 7-20-70 establishes standards for development in wildlife habitat azeas.
Response: The CDOW has provided comments on the application which can be viewed as Attachment C. The
CDOW finds this Lot is not mapped within a big game range but was awaze that important sage brush vegetation
could exist, however the amount could not be determined due to the deep snow. The CDOW considers sage
brush important habitat for all wildlife and recommends that any sage brush removed be replaced with same
amount. 2005 aerial photography shows that sage brush exists on the northern and eastern portion of the lot.
The Applicant's site plan proposed a horse pasture on the northern portion of the Lot and the house has been
sited on the eastern portion. Staff recommends that the Applicants mitigate for the removal of this important
vegetation through an approved landscape plan. The CDOW also recommends that a 20' buffer be maintained
from the top of the slope to any development including landscaping for maintenance of existing vegetation. Staff
agrees with this recommendation as practically the entire lot is manicured except for a few azeas were existing
vegetation will be maintained.
Page 2 of I l
~~~~~~
SITE PLAN REVIEW
The Applicants have requested site plan approval. This request requires a review of: (1) placement of
development within an approved activity envelope; (2) development within a scenic view protection area
pursuant to section 7-20-120(d); (3) location of structures in accordance with rural character building guidelines
pursuant to section 7-20-120(e);(4)landscaping and vegetation protection pursuant to section 7-20-130; and (5)
lighting in accordance with section 7-20-140.
DEVELOPMENT WITHIN AN ACTIVITY ENVELOPE
The location of the new residence and proposed improvements have been located within an activity envelope.
Section 7-20-10(c) addresses tree removal mitigation. The requirement states that all trees 6" diameter at breast
height (d.b.h.) removed within the Activity Envelope shall be replaced with one or more trees with total d.b.h. at
least equal to the caliper of the trees removed. The Applicants assert that 155 trees of a native species will be
planted on the Lot with little no removal of other trees. The Applicants will be conditioned to submit a landscape
plan for review and approval by the Land Manager prior to issuance of a building permit.
SCENIC REVIEW
Hwy 82 and McLain Flats Road are scenic corridors. The Lot is located south of Lower River Road and
proposed residence will be visible only momentarily while driving along this Road. The existing stone
residence is visible from Hwy 82 and the new residence will also be visible from the Hwy. The existing and
proposed development will not obstruct a ridgeline as viewed from either of these corridors, but will be
visible.
All non-exempt development located within a mapped Scenic View Protection Area shall comply with the
following standards.
(1J The proposed development shall utilise 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 Zisted in subsection (b) above.
Response: The Applicants have proposed a residence that will be visible from Hwy 82. The proposed
site plan indicates that a natural berm located in the southeast portion of the activity envelope will be re-
contoured to accommodate the new residence. The aerial photography below depicts this berm as a red
circle and the top of the slope as ajagged red line.
Page 3 of l l
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Staff has reviewed the Applicants' graphical representations and has determined that the berm could be
retained and left in its natural state to screen the new development from Hwy 82. Staff recommends that
to achieve compliance with this standard, the Applicants shifr the residence north to avoid the natural
berm in effort to screen the development with natural topography.
(2J 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 Higlnvav 83
Corridor Master Plan and Down Valley Comprehensive Plan if possible. If location outside the Scenic
View 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. The Applicants' proposal for a new
residence cannot avoid the scenic view protection area as viewed from McLain Flats Road. There is a
possibility for the new residence to avoid the scenic view protection area as viewed from Hwy 82.
Although the application states otherwise, the proposed site plan does show the new residence on the
highest portion of the Lot. This high portion can be avoided by moving the residence north.
(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 (bJ above. This may
Page 4 of l l
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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 rooflizzes to avoid a
long unbroken plane.
Response: The residence has been designed with staggered rooflines and facade articulations to break
up the mass of the structure.
(4J The proposed structure shall be placed so it does not project ubove 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 structure will not project above a ridgeline as viewed from Hwy 82 or McLain Flats
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 of
low-rejlectance 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 roofforzn) shall replicate, parallel,
or complement the natural form of the ridgeline so that it appears to be an element of the natural
ridgeline.
Response: In effort to complement natural topography on site, Staff recommends that the natural berm
mentioned on the previous page be retained and the residence shifted north to avoid its re-contouring.
(6) The proposed development shall preserve natural vegetation and avoid development within irrigated
meadows, to the maxhnurn extentpracticable.
Response: There is no irrigated pasture on this site.
(7J The proposed development shall install utilities in locations and through procedures that minimize visual
impacts to the maxinaunz extent practicable.
Response: Utilities that service the existing residence will also service the addition.
(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 tonne colors and/or screening to minimize their visual
impact.
Response: Satellite dishes do not appeaz on the architectural renderings of the residence. Regardless, the
Applicants will be conditioned to comply with this requirement.
(9J The proposed development shall not use earth moving arzd berms as the primary means of compliance
with these regulations, but earth moving may be zztilized in conjunction with other Iechnigues to comply
with standards in this section. Where earth moving techniques are necessarv, man-made forms should be
undulating and natural in appearance.
Response: The Applicant has not proposed berming to screen the residence, however moving the
residence north of the berm will aid in screening the residence from Hwy 82.
(10J 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. Paizzts
or stains that simulate weathered barn wood also shall be perznitted
Response: The Applicants will be conditioned to use natural earth tone colors.
Page ~ of II
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(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 Applicants 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 ar 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 Applicants will be required to submit a revegetatation plan for disturbed areas during
construction of the addition to the residence that is consistent with vegetation of the surrounding areas.
The CDOW has also requested replacement of sage brush if it is removed.
(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 mad 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.
Response: Not applicable.
RiIRAL 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 5 acres in size. The parcel
does not contain any irrigated pastures or meadows.
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: Excluding the steep hillside on the southwestern portion of the property where development is
prohibited, the Applicants have proposed a site plan that will fully develop/landscape the Lot. The Applicants
could avoid creating a horse pasture on the northern portion of the Lot where it is believed sage brush vegetation
exists. Establishing a 20' setback from the top of the slope, as recommended by the CDOW, will also aid in
maintaining existing vegetation.
LIGHTING:
Land Use Code Sec. 7-20-140 is applicable for all lighting in the County.
Response: The Applicants have not provided a lighting plan. Nonetheless, all lighting will be required to
conform to section 7-20-140 of the Code.
Page 6 of / /
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ACCESS: Access to the residence will be taken off McLain Flats Road via a private driveway. The Applicants
will need to submit an access application prior to any reconstruction or realignment of the driveway.
SEWER AND WATER: The Applicants have shown a septic field where the existing garage is located to serve
the new residence. The existing septic field is said to continue to serve the proposed CDU. EH/NR did not
comment on the inappropriateness of these fields and Staff has no reason to believe an engineered septic field
could not be designed to comply with the County's septic regulations. Their comments can be viewed as
Attachment D.
The Applicants have stated that the White Horse Springs Water District will serve the future residence and
proposed CDU. The Applicants will need to provide a letter from the District stating that there is sufficient water
to serve the proposed development.
SPECIAL REVIEW FOR A TDR RECEIVER SITE
For a parcel to receive a TDR in the Rural Area Special Review approval must be granted. The parcel is zoned
AR-10 and is eligible to receive TDR's up to 15,000 square feet, however compliance with the following
standards must be achieved (see Subsection ?-30-30):
A. The special review use shall consider the applicable County Master Plan.
Response: The special review use for a TDR Receiver site is not prohibited in the Down Valley Comprehensive
Plan.
B. The special review use shall not conjlict with any applicable sections of the Pitkin County Land Use
Code, including the County Land Use Policies in Chapter 1.
Response: The use is consistent with the Pitkin County Land Use Code and the Land Use Policies if conditions
in the attached Determination are adhered to.
C The proposed development must not materially endanger the public health, safety or welfare.
Response: Staff has no reason to believe that the proposed use of 2 TDR's will endanger the public health,
safety or welfare of the public.
D. The proposed development must not szzbstantially injure the value of adjoining or abutting property.
Response: Staff has no reason to believe that the proposed use of 2 TDR's will substantially injure adjoining
property values. Many other large residences reside in this neighborhood.
E. The special review use shall be consiste~at with the intent of the zone district in which it fs proposed to
be located
Response: The AR-10 zone district allows for residences to be constructed up to 15,000 square feet through
special review.
R The special review use shall be compatible with the character of the inmzediate vicinity of the parcel
proposed for development and surrounding land uses, or shall enhance the mixture of complimentary
uses and activities in the immediate vicinity of the parcel proposed for development.
Page 7 of l l
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Response: The special review request can be considered compatible with the character of the immediate
vicinity of the Lot and land uses. Lots in the White Horse Springs subdivision have been granted approvals to
land TDR's in the past. The residential use of the parcel will remain after application of the TDR.
G. The location, size, design and operating characteristics of the proposed special review use must be in
harmony with the surrounding area and minimize adverse effects, including visual impacts, impacts
on pedestrian and vehicular circulation, traffic generation, parking, trash, service delivery, air/water
pollution or other impacts on natural resources, noise, vibrations and odor on surrounding
properties.
Response: The Applicant has provided elevation renderings of the residence as viewed from McLain Flats
Road and Hwy 82. The new residence will have negligible impacts as viewed from McLain Flats Road. As
proposed the new residence will be visible from Hwy 82. The Applicant has the ability to site the residence
north of an existing berm to avoid a scenic impact. Staff recommends that with the approval of a TDR
receiver site the new residence be sited to avoid another residence overlooking a ridge.
K There must be adequate public facilities and services to serve the special review use, including but
not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency
medical services, hospital and medical services, drainage systems, and schools.
Response: The additional impact on public facilities as a result of constructing this residence can be
considered minor. Public facilities that serve the existing residence, and the entire subdivision, will be able to
serve the new residence and CDU. However, proof of adequate water will need to be provided for
construction of the CDU.
] The proposed special review use must comply wills any additional standards or requirements stated
for such use in Sec. 4-30 and/or 2-40-20.
Response: Not applicable.
CARETAKER DWELLING iJNIT
Growth Management Exemption
Pursuant to Subsection 6-30-40(2)(C) one CDU may be exempted from Growth Management on any lot or parcel
in a zone district in which a CDU is an allowed use, a use allowed by special review, or a use allowed as part of a
master plan, as shown in Table 4-1. The parcel may be substandard in size. The CDU may also be attached or
detached to a single family dwelling unit. The Housing Office commented on the application which can be
viewed as Attachment E.
The Applicant has shown the roof of the proposed CDU will be re-constructed into a pitched roof and a taller
chimney. Staff if not concerned with this proposal as the structure does not, and will not, obstruct a ridgeline as
viewed from Hwy 82 or McLain Flats Road.
Special Review for a Caretaker Dwelling Unit
A caretaker dwelling unit is listed as a special review use in the AR-] 0 zone district and therefore must comply
with the following standards (see Subsection 2-30-30):
A. The special review use shall consider the applicable County Master Plan
{~ p Page 8 of I I
00000°
Response: The special review use of a CDU is not prohibited within the Down Valley Comprehensive Plan.
B. The special reviex~ use shall not conflict with any applicable sections of the Pitkin County Land Use
Code, including the County Land Use Policies in Chapter 1.
Response: The use is consistent with the Pitkin County Land Use Code and the Land Use Policies.
C. The proposed development must not materially endanger the public health, safety or welfare.
Response: Staff has no reason to believe that the proposed development will endanger the public health, safety
or welfare.
D. The proposed development must not substantially injure the value of adjoining or abutting property.
Response: The proposed development is an accessory use to a single family residence and will not alter the
residential character of the area. Staff has no reason to believe that adjoining or abutting property values will be
substantially injured.
J The special review use shall be consistent with the intent of the zone distract in whicla it is proposed to
be located
Response: The CDU will be consistent with the intent of the AR-10 zone district
K The special review use shall be compatible with the character of the immediate vicinity of the parcel
proposed for development and surrounding land uses, or shall enhance the mixture of complimentary
uses and activities in the immediate vicinity of the parcel proposed foz• development.
Response: The CDU will be compatible with the character of the immediate vicinity of the parcel as it is an
accessory use to a single family residence.
L. The location, size, design nrzd operating characteristics of the proposed special review use must be in
harmony with the surrounding area and minimize adverse effects, including visual impacts, impacts
on pedestrian and vehicular circulation, traffrc generation, parking, trash, service delivery, air/x~ater
pollution or other impacts on natural resources, noise, vibrations and odor on surrounding
properties.
Response: The Applicants have noted that the existing residence will be converted into the CDU. The traffic
generation from the increased density is shown on the site plan to be accommodated by the main driveway.
Additional impacts stated above will be of no issue.
M. There must be adequate public facilities and services to serve the special review use, including but
not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency
medical services, hospital and medical services, drainage systems, and schools.
Response: The additional impact of a CDU should be de mirrinrus with respect to the public facilities and
services that are already in place and will be servicing the future residence. The property is located within
the Aspen Fire District and the CDU would not require additional fire mitigation planning. Water, access, and
waste systems will be required to meet Pitkin County standards.
N The proposed special review use must comply with any additional standards or reguircrments stated
for such use in Sec. 4-30 and/or 2-40-20.
Page 9 of l !
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Response: Code Section 4-30-50(e)(1) will be addressed below. The Applicant has conformed to Section 2-
40-20.
CDU as a Permitted Accessory Use
For a detached CDU to be permitted, the Applicant shall comply with the following standards: (see subsection
4-30-50(e)(1) and (2)):
c. The CDU shall not exceed one thousand (1,000) net livable square feet on lots or parcels that are thirty
thousand (30, 000) square feet or greater in lot area, and seven hundred (700) net livable square feet on
lots or parcels that are les than thirty thousand (30, 000) square feet in lot area;
Response: The CDU has the ability to be constructed up to 1,000 square feet as the lot is 5 acres. The Applicant
states that the floor area of the 2,300 square foot residence can be converted into a CDU of 1,000 square feet
however it is not clear how this will occur.
d. The floor area of the CDUshall be included in the total allowed floor area for the lot or parcel of land.
Response: The Applicants have stated that the CDU will be included in the total allowed floor area.
e. One (1) off-street parking space shall be provided for each caretaker dwelling unit.
Response: The Applicants have stated that one parking space will be provided.
f. The Applicant shall record a covenant running with the land that guarantees that the CDU:
1. Shall riot be required to be rented;
2. Shall not be sold or otherwise conveyed or separated from the original parcel
regardless of the ultimate form of ownership of the CDU,'
3. Shall be limited to occupancy by(i) not more than lwo (2) adults, and related
children, who quay as (and have been found by the Housing Office to
be)employees of the community under such guidelines as many from time to
time be established, or (ii) members of the owner's immediate family, even
though they may not qualify as employees of the community;
4. Shall be rented for terms not less than six (6) months if rented.
Response: Applicants has agreed to these limitations.
g. The CDU restriction may be removed by the property owner upon approval of the Community
Development Director, subject to the requirement that the dwelling is removed or modified. If modified,
the remaining improvements must not longer be capable of occupancy as a dwelling unit and must meet
otherwise applicable requirements of this Land Use Code.
Response: The Applicants have agreed to this limitation.
h. The provisions of the regulation are for the purpose of providing a voluntary CDU on a legally created
lot or parcel in the County. Any unit approved under this provision of this Land Use Code shall not be
used for mitigation of employee housing requirements as established elsewhere in this Land Use Code.
Response: The Applicants will be required to not use the CDU for mitigation of employee housing requirements.
Page IO of l l
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RECOMMENDATION: Staff recommends approval of the Neiman/Burns Site Plan Review, Special Review
for a TDR Receiver Site, and Special Review for a CDU subject to the attached Hearing Officer Determination.
Attachments
A. Legal Description
B. Aspen Fire District comments
C. CDOW comments
D. EH/NR comments
E. Housing comments
" Mc Kraemer is a professional planner with a Bachelor's of Science in Economics and Sociology Erom the Uniwrvty of Wisconsin-La Crosu and Masmr's of Science in Urban and Regional Planning from
the University of Wisconsin Mr Kraemer works for the Pitkin Cowry Commmtity Development Department end reviews land ux appbcations under the Pitkin Cowry Land Use Code.
Page /! of I /
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DETERMINATION OF THE HEARING OFFICER OF THE COMMiINTIY DEVELOPMENT
DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE NEIMAN/BiIRNS
ACTIVITY ENVELOPE AND SITE PLAN REVIEW, SPECIAL REVIEW FOR A TDR
RECEIVER SITE, AND SPECIAL REVIEW FOR A CDU
Hearing Officer Determination No. = 2008
RECITALS
1. John Neiman and Susan Bums ("Applicants") have applied to the Pitkin County Hearing Officer
("Hearing Officer") for Activity Envelope, Site Plan Review, Special Review for a TDR Receiver Site,
and Special Review for a CDU.
2. The Lot is located at 2600 McLain Flats Road and commonly described as Lot 7, Block 1 of the White
Horse Springs Subdivision. PID#: 2643-341-00-010. (Legal Description, Attaclunent A).
3. The Lot contains approximately 5 acres and is in the AR-10 zone district.
4. The Applicants submitted a complete application afrer July 6, 2006, therefore, the application is being
considered pursuant to the 2006 Land Use Code.
5. Currently, the lot is developed with a stone fapade, single family residence of approximately 2,600
square feet. The residence is visible from Hwy 82.
6. The Hearing Officer considered this application at a duly noticed public hearing on Mazch 19, 2007 at
which time evidence and testimony were presented with respect to this application. The Hearing
Officer finds that the proposed single family residence was sited in a fashion that it would make it
unnecessarily visible from Hwy 82. The Hearing Officer finds that shifting the residence north will
avoid extensive re-grading of a natural berm that will block the visibility of the residence.
7. The Hearing Offtcer further finds that the parcel is (1) eligible to receive 2 TDR's; and (2) can
accommodate a detached CDU subject to the conditions outlined below.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Community Development
Hearing Officer that he does hereby approve the Nennan/Bums Activity Envelope and Site Plan Review,
Special Review for a TDR Receiver Site, and Special Review for a CDU subject to the following
conditions, which shall run with the land and be binding on all successors in interest.
1. The Applicants shall adhere to all material representations made 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. At the time of building permit submittal, the Applicants shall surrender the TDR's for additional floor
area up to 10,750 square feet from a base 5,750 square feet. Floor area is limited to 10,750 square feet
without further special review for additional TDR's or a Growth Management allocation.
3. 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
stmctures represented in the application may not be permitted under building and zoning regulations.
4. 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 that illustrates
~~~01~
Hearing Officer Deternaination No. _-2008
Page 2
the previously approved building 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. The Site Plan shall also incorporate the following changes:
a) Redraw the activity envelope 20' from the top of the slope,
b) Shift the residence to the north to the extent the natural berm remains in place and
blocks the visibility of the residence from Hwy 82;
c) The Activity Envelope and Site Plan shall show all locations of development as
depicted on C 1 and C2 of the submission;
d) Remove the Community Development Director signing block and replace it with a
Hearing Officer signing block.
5. The Applicants shall submit for review and approval by the Land Manager, a post. construction
revegetation plan that is consistent with the natural vegetation in the area. This plan shall address
revegetation of disturbed areas due to construction and mitigate removed sage brush to a practical
extent. This plan shall also include mitigation measures for any trees removed that are 6" d.b.h. or
greater pursuant to Section 7-20-10(c) of the Code.
6. The Applicants shall comply with all representations made in the Site Plan Review including but not
limited to the following:
a) Utilization of earth tone colors and materials on the building fagade;
b) Installation ofnon-reflective roofing;
c) All lighting shall comply with the Code.
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.
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.
8. Standards Applicable for Development in a Medium 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
~~o~l 5
Hearing Officer Determination No. = 2008
Page 3
meet these conditions may not be necessary where the natural vegetation patterns have already
fulfilled these conditions):
a) Brush, debris, and non-ornamental vegetation shall be removed within a minimum 15"
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.
b) Beyond 15' up to 35' or to the property line, maintain natural and/or irrigated grass at
less than 6"and thin existing trees, sagebrush, and brush into individual clusters except
for the vegetation that is outside the activity envelope leading down the slope to the
River. All deadfall down the slope shall be removed. Limbs shall be pruned to %z the
height or 10' whichever is less.
c) No bmsh or shrubs which when mature shall be tall enough to act as ladder fuels.
Clusters of bmsh or trees should be separated from each other and from those beyond the
35' area by a distance of 2 '/z times the height of the mature vegetation. The diameter of
a cluster a cluster shall be limited to 2 '/z times the height of the mature vegetation. The
pine trees to the west of the CDU shall be considered a group. Leave at least 15'
between the structure and group.
d) Thin and remove lower branches of brush or shrubs within clusters or individual plants
to eliminate ladder fuel. Cut ends of brush shall be treated with Garlon or an equivalent
by a person licensed to apply herbicides. Cut materials shall be removed or chipped and
spread.
e) Al] deadfall up to a one hundred (100) foot perimeter shall be removed.
f) The property owner shall be responsible for the continued maintenance of the defensible
space vegetation requirements.
B. Access
a) Access roads and driveways shall be built to County standards; however, these standar s
may be increased to mitigate wildfire hazards based on comments provided by the
Colorado State Forest Service, the Sheriffs Department, local fire protection districts
and/or a person approved by the County as an expert in wildfire area designation and
mitigation. Where feasible, looped routes of access/egress to a public road shall be
incorporated in the design of a proposed development. Looped routes of access/egress is
defined as two (2) or more dedicated access roads to the m ancert oint for divided single
separated ingress/egress; looped drives with one (1) p
entrances do not satisfy this condition. Where this is not feasible, the Community
Development Department may approve vehicular tumaround 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.
b) New dead-end streets shall not be permitted, except for cul-de-sacs and other
turnarounds accepted by the applicable local Fire district.
c) Cul-de-sac tumaround pads shall have a minimum of a thirty (30) foot drivable surface
inside fuming radius or a hammerhead or other T-turn area acceptable to the applicable
local fire district.
~~ 1 '>~
~d~, _~.
Hearing Officer Determination No. -2008
Page 4
d) 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
a) 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.
b) Any fire department recommendation for individual structure water supply and storage
shall be accessible to fire department vehicles from the exterior of the structure through a
fire department approved mechanism (such as a fire hydrant). The Lot shall have a
minimum 20,000 gallon water storage tank. Verification of the closest hydrant
satisfactory to the AFPD can mitigate this requirement.
c) 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:
A. Medium Hazard Area
1. 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-cotnbustible 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.
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.
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Hearing Officer Determination No. = 2008
Page 5
E. Maintenance and Miscellaneous Requirements
A. Roofs and gutters shall be kept clear of debris.
B. Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth
('/<) inch maximum.
C. Any outbuilding shall adhere to the same wildfire requirements.
D. Yazds shall be kept clear of all litter, slash and flammable debris.
E. Al] flammable materials shall be stored on a parallel contour a minimum of fifreen (15)
feet away from any structure.
F. Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not
more than six (6) inches.
G. Firewood/wood piles shall be stacked on a parallel contour a minimum of Fifteen (15)
feet away from the structure.
H. Swimming pools and ponds shall be accessible by the local fire district.
I. Fences shall be kept cleaz of brush and debris.
J. Wood fences shall not connect to other structures.
K. Fuel tanks shall be installed underground with an approved container.
L. 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.
M. Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher.
N. 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.
9. 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 Found 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 bazbless 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.
000~?1'
Hearing Officer Determination No. _-2008
Page 6
E. 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/gazbage 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 ]east ten (10) feet from the ground suspended between two (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 containers.
M. Pet food shall not be left outside.
10. The detached CDU shall not exceed 1000 net livable square feet of floor area, which shall count
toward the total allowable floor area for the lot. The kitchen contains the following, as defined in the
Aspen/Pitkin County Employee Housing Guidelines: a minimum of a two-burner stove with oven,
standazd sink, and a refrigerator plus freezer. The oven must be able to bake azrd broil and be at least S
cubic feet; the sink must measure at least 14"WX16"DXS.2S"H; refrigerator must be at ]east S.3 cubic
feet and include at least a .73 cubic foot freezer. The floor plan for the CDU shall be submitted to the
County Housing Office for review. At building pennit submittal, the Applicant shall provide proof of
adequate water for the CDU.
11. The Applicant shall, by recording a covenant prior to issuance of building pennit, guarantee that the
caretaker unit:
a. Shall not be required to be rented;
b. Shall not be sold or otherwise conveyed or separated from the original parcel regardless of the
ultimate form of ownership of the caretaker unit;
a Shall be limited to occupancy by not more than two adults and related children, who qualify as
(and have been found by the Housing Office to be) employees of the community under such
guidelines as may be from time to time established, or members of the owner's immediate
family, even though they may not qualify as employees of the community;
d. Shall be rented for teens not less than 6 months if rented.
12. Upon completion of the CDU, but prior to issuance of the Certificate of Occupancy, County Housing
Office staff shall be entitled to conduct an inspection of the CDU for compliance with the above-
referenced requirements.
13. The cazetaker dwelling unit restriction may be removed by the property owner upon approval of the
Community Development Director, subject to the requirement that the dwelling is removed or modified.
If modified, the remaining improvements must no longer be capable of occupancy as a dwelling unit
and must meet otherwise applicable Code requirements.
0~0~1 I
Hearing Officer Determination No. = 2008
Page 7
14. The provisions of this regulation aze for the purpose of providing a voluntary CDU on a legally created
lot or parcel in the County. Any unit approved under this provision of the Pitkin County Land Use shall
not be used for mitigation of employee housing requirements as established elsewhere in said Code.
15. No development shall occur outside the approved envelope, 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.
16. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake
the corners of the activity envelope and install construction fencing around the construction site
within the perimeter of the building envelope. The fencing shall remain in place until issuance of a
Certificate of Occupancy.
17. Failure to comply with these conditions of approval may result in revocationp f phirtypermit or any
subsequent permits related to this property or vested rights associated with this ro e
18. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County
Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use
Code, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on
Mazch 19`", 2011.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIlVIES WEEKLY on the
17`" day of February 2009.
APPROVED AND ADOPTED this 19~' day of March, 2008.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the
Asuen Times Weekly on the _ day of , 2008.
COMMUNITY DEVELOPMENT
DEPARTMENT HEARING OFFICER
OF PITKIN COUNTY, COLORADO
ATTEST:
Bonnie Waechtler, Administrative Assistant
APPROVED AS TO FORM:
James R. True, Hearing Officer
Date
APPROVED AS TO CONTENT:
John Ely,
County Attorney
P002-08; PII7k2643-341-00-010
Cindy Houben,
Community Development Director
000~,`~~
Attachment A
Legal Description
SUB:WHITE HORSE SPRINGS BLK:1 LOT:7
SECT,TWN,RNG:34-9-85 DESC: A TR OF
--.._
__ ....
,LAND SIT IN LOTS 11,12 & 22 34-9-85
- _..
IW OF THE 6TH PM LYING SLY OF THE
;CENTER LINE OF A 30 FT RD EASEMENT
r'& NLY OF THE VAN CLEAVE PLACER USMS
;6832 BGNNG AT A PT ON THE NLY LINE
iOF SAID PLACER BETWEEN COR NO 23 &
__ __._.
__ _..
24 OF SAID PLACER WH THE 4 COR
_....
COMMON TO SEC 34 & 35 OF SAID
......
_...
'TOWNSHIP & RANGE BEARS S 48 DEG
_.._
59'00"E 1186.48 FT TH N 45 DEG
,'00'00"W 277.09 FT ALNG THE NLY
LINE OF SAID PLACER TH N 02 DEG
X02'00"W 134.00 FT TO THE NE COR OF
SAID LOT 22 TH S 89 DEG 4700"W
;126.92 FT ALNG THE SLY LINE OF
:SAID LOT 11 TO A PT ON THE NLY OF
_.. _ _..
SAID PLACER TH N 45 DEG 00'00"W
1161.00 FT ALNG THE NLY LINE OF
--___---_-_ -j
SAID PLACER TH N 72 DEG 1 T00"E
;417.02 FT TO A PT IN THE CENTER OF
r'-------- ------ ---.._---------------_..---~--------~~
SAID RD EASEMENT TH S 65 DEG
;33'00"E 198.35 FT TH S 42 DEG _ '
15T45W 544.89 FT TO A PT ON THE ^~
Y LINE OF SAID PLACER THE POB
000019
,~~i~cth~i~~" ~
- ,_ . ,
..
.,
Memo
To: Mike Kraemer
Frwrc Ed Van Walraven, Fire Marshal
CC:
DateK February 13, 2008
Re: Neiman/Bums
Mike,
This project shall meet atl 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
Eddion Section 503), Turning around of fire department apparatus ('rf access is a dead end
and in excess of 150 feet) (IFC Section 503.2.5}, approved fire sprinkler systems shall be
provided (IFC as amended Section 903), Water supply, a minimum of 20,000 gallons (IFC
Section 508), and detailed wildfire mitigation plans for both landscaping and structural
standpoints shall be submitted.
Please note confirmation of proximity of the nearest fire hydrant (1000 feet) required to
mitigate the 20,000 gallon water storage requirement
Please have the applicant contact the Fire Marshal's Office for specifications on the above
requirements.
Thank you,
E~ ..
oo~~~~o ~ ~1~~
STATE OF COLORADO ~ / ~~~ /~/~~.~f T G
Bill Ritter, Jr., Governor
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE
AN EQUAL OPPORTUNITY EMPLOYER
Thomas E. Remington, Director
6060 Broadway
Denver, Colorado 80216
Telephone: (303) 297-1192
wildlife.state.co. us
February 9, 2008
Pitkin County Community Development
130 S, Galena
Aspen, CO 8161 I
RE: Neiman/Burns Activity Envelope
Dear iviike:
For Wildlife-
For People
This parcel does not lie within any mapped big game winter range. However, there is some use of the hillside which extends down from the
homesite to the Roaring Fork River. Due to the snow depth at the time of site inspection, it could not be determined how much sagebmsh
was present on the parcel. Sagebrush is an important native plant utilized by a variety of wildlife. Efforts should be made to maintain as
much of the sagebmsh as possible. The property lies within a black bear fall concentration area and human-conflict area. There have been
significant black bear -human conflicts in this area in the past and the homeowner as well as contractor will need to take the proper
precautions to minimize conflicts.
The parcel is a currently developed site surounded by other existing development and disturbance. The proposed development should not
have any additional significant impacts to wildlife. The following recommendations will help to minimize impacts to wildlife and minimize
human-wildlife conflicts:
1. maintain native vegetation outside of the building envelope. If sagebrush is removed for the homesite or horse
pasture, a like amount should be replanted
2. maintain a minimum 20'setback from the [op of slope to [he home or any lawn improvement. This area should be
maintained in native vegetation
3. implement measures outlined under section 7-20-70 of the land use code, especially those sections regarding bears.
4. round handled door knobs should be used for all outside doors instead of lever handles in order to minimize a bear's
ability to gain entry.
5. contractors/construction workers are required to have a bear proof container for all edible and food related trash.
This has been a major noncompliance problem leading to increased human-bear conflicts and habituation of bears
to human related foods.
6. landscape plan has several aspen trees in close proximity to the new home. Trees should be planted far enough
away from the home so they do not become avenues for bears to reach upper level decks and windows.
7. all horse hay should be fenced with 8' mesh game proof fencing to minimize game damage problems as well as an
attractant for big game to cross McClain Flats Road
Thank you for the opporivnity to comment. If you have any questions, please call DWM Kevin Wright at 947-2920.
Sincerely,
/ Perry Will
Area Wil anager
Cc: R. Velarde, K. Wright, file
3/~/0~
DEPARTMENT OF NATURAL RESOURCES, Hams D. Sherman, Executive Director
7i MembersLl DenniOs BuAechleOrN Brad Coors . JheHrey Crawford .Tim Glenn .IRoyMcAnally . R chard Ray
0 0 0 0 4 1
Ex Officio Members, Hams Sherman and John Stulp
f}/fcFl-~~"'T D
MEMORANDUM
To: Michael Kraemer, Planning Department
From: Carla Ostberg, Environmental Health & Natural Resources
Department
Date: March 10, 2008
Re: Neiman/Burns Activity Envelope, Site Plan, Special Review for a
Caretaker Dwelling Unit, and Special Review for TDR (PID 2643-341-
00-010, Case P002-08)
SUMMARY OF RELEVANT PARTS OF APPLICATION: The applicant is requesting approval
for an Activity Envelope and Site Plan review for a new residence, the renovation of the existing
residence into a CDU, and atwo-stall barn, a paddock, and a horse pasture.
DISCUSSION: The Pitkin County Environmental Health & Natural Resources Department has
reviewed the details of the Neiman/Burns application under the authority of the Pitkin County
Land Use Code and the Pitkin County Onsite Wastewater Treatment System (OWTSI
Regulation and has the following comments.
On March 5, 2008, Carla Ostberg and Mike Kraemer of the Pitkin County Community
Development Department and Mitch Haas, representative of the applicant, conducted a site visit
to the property. The site was snow-covered at the time of the visit.
--- WATER SUPPLY:
The application indicates that water is provided for the existing home from the White Horse
Springs water distribution system as part of the subdivision agreement. The service will be
expanded to serve future development on the property.
In connection with any OWTS Construction Permit for the property, this Department will
require a letter from the White Horse Springs Water District confirming they have
sufficient water to supply the development and have agreed to do so.
--- SEWAGE TREATMENT AND COLLECTION:
The existing septic system on the property was originally permitted in 1972 and our records
show the system consists of a 1000 gallon fiberglass tank and 900 square feet of absorption
area to accommodate four bedrooms. A drawing was provided to show approximate locations
to serve the edxisti g residenlce which wilPbe remodeled nto a one bedroom CDUsand a n wm
barn with a sink and toilet.
r.;.nea o~ re~ydea e,~.
~~~~G~
If the applicant intends to use this existing system, it must be evaluated by a
Professional Engineer. The system must comply with sizing criteria outlined in the
County's OWTS regulations. Documentation of this evaluation must be provided to the
Environmental Health and Natural Resources Department prior to issuance of any
Building Permits on the property.
The proposed main house on the property will be served by a new OWTS. The location of this
proposed OWTS is in the current location of an existing (partially underground) garage. When
the garage is demolished and removed, it will result in significant disturbance to the native soils.
Any replacement fill must be reevaluated to determine feasibility of an absorption area in this
location, as well as appropriate sizing of the system.
All OWTSs installed within Pitkin County require OWTS Construction Permits issued by the
Environmental Health & Natural Resources Department, and must comply with the County's
OWTS regulations, effective March 8, 2008. The County cannot issue a Building Permit until
an OWTS Construction Permit has been obtained, or the exiting system has been
assessed as suitable to serve the proposed development.
0 0 o O L t r.;,nea a„ axy~~a r,pe. 2
~~~ ~ yYl E.N7~ ~`
MEMORANDUM
TO: Mike Kraemer, Community Development Department
FROM: Cindy Christensen, Housing Office
DATE: February 6, 2008
RE; NeimanBurns Activity Envelope, Special Review for CDU
Parcel ID No.2643-341-10-010; P002-08
ISSUE: The applicant is seeking approval for an activity envelope, site plan review for a new
residence, renovation of an existing residence into aCDU, atwo-stall bam and a horse pasture.
Mitigation Requirement:
According to Ordinance No. 023-2005, Adopting a Revised Employee Housing Impact Fee
Schedule and Repealing Existing Provisions of the Land Use Code Relating to Affordable
Housing Mitigation or Impact Fees, residential structures 5,750 square feet or less are not required
to pay an impact fee. The applicant is proposing to have three structures -residence at 7,750
square feet of floor area, a 1,000 squaze foot CDU, and the balance in a bam.
CARETAKER DWELLING UNIT: According to Section 4-30-50(e)(1), Caretaker Dwelling
Units, in the RS-160, RS-35, RS-30, AR-1Q AR-2, R-30, R-I5, R-15A and R-6 zone districts, a
CDU is a permitted accessory use provided that:
1. It is attached to asingle-family home.
2. The lot or pazcel on which it is located conforms to the minimum lot azea requirements for
each dwelling in the zone district in which the caretaker dwelling unit is located.
3. The cazetaker dwelling unit shall not exceed 1000 net livable square feet on lots or parcels
that aze 30,000 squaze feet or greater in lot area, and 700 net livable squaze feet on lots or
parcels that are less than 30,000 squaze feet in lot area.
4. The floor area of the caretaker unit shall be included in the total allowed floor azea for the
lot or parcel of land.
5. One off-street parking space shall be provided for each caretaker dwelling unit
6. The applicant shall, by deed restriction or other permanent commitment mm~ing with the
land, guarantee that the caretaker unit shall not be required to be rented; not be sold or
otherwise conveyed or separated from the original parcel regazdless of the ultimate form of
ownership of the cazetaker unit; be limited to occupancy by not more than two adults and
related children, who qualify as (and have been found by the Housing Authority to be)
employees of the community under such guidelines as may be from time to time established
000024
by said authority; be rented for terms not less than six months if rented. The caretaker
dwelling unit may be occupied by members of the immediate family even though they may
not qualify as employees of the community. "Immediate family" shall mean a person
related by blood or marriage who is a first cousin (or closer relative) and his or her children.
7. The caretaker dwelling unit restriction may be removed by the properly owner upon
approval of the Community Development Director, subject to the requirement that the
dwelling is removed or modified. If modified, the remaining improvements must no longer
be capable of occupancy as a dwelling unit and must meet otherwise applicable Code
requirements.
8. The provisions of this regulation are for the purpose of providing a voluntary cazetaker
dwelling unit on a legally created lot or parcel in the County. Any unit approved under this
provision shall not be used for mitigation of employee housing requirements as established
elsewhere in the Land Use Code.
Section 4-30-SOe(2), states that a CDU located in the LIR-35, VR, B-2, VC, P-1 or T zone district,
or located on a lot or parcel that does not meet the minimum lot area requirements for each
dwelling unit in the zone district where it is located, or is detached from the principal single-family
dwelling on the lot or parcel, shall require approval through the Special Review process stated in
Chapter 2 of the Land Use Code and meet the requirements of pazagraphs 3 through 7 above.
RECOMMENDATION: If approved, an employee housing impact would be required. For the
CDU, Staff recommends approval of this request under the following conditions:
1. Conditions 3 through 6 stated above aze met.
2. The kitchen contains at aminimum atwo-burner stove with oven, standazd sink, and a
refrigerator plus freezer. The oven must be able to bake and broil and be at least 5 cubic
feet, the sink must measure at least 14"WX16"DX5.25"H; refrigerator must be at least 5.3
cubic feet and include at least a .73 cubic foot freezer.
3. A copy of the floor plans for the proposed caretaker dwelling unit shall be provided prior to
building permit approval.
4. A deed restriction shall be recorded prior to issuance of a building permit.
5. Upon completion of the unit, but prior to Certificate of Occupancy, staff may conduct an
inspection of the unit for compliance.
2
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201 N. MILL STR£fT, SuITf' 108
tlS4'fN, COLOR~A1~0 81611
(970) 925 -7819
fa~v(970) 925-7395
rr~haa~sapr%~: nP,t
Ja~.rucary, 2008
oooooi a-(' ~
PID No. 2643341-10-010
AN APPLICATION FOR APPROVAL OF
AN ACTIVITY ENVELOPE AND SITE PLAN REVIEW,
GMQS EXEMPTIONS, AND SPECIAL REVIEW TO
ALLOW A CARETAKER DWELLING UNIT AND
ESTABLISH THE PROPERTY AS A TDR SITE
FOR
JOHN NEIMAN AND SUSAN L. BURNS
Submitted by:
John Neiman and Susan L. Burns
257 Glen Eagles Drive
Aspen, CO 81611
(970)544-0310
Prepared by:
HAAS LAND PLANNING, LLC
Planning Consultants
201 North Mill Street, Suite 108
Aspen, CO 81611
Phone: (970) 925-7819
Fax: (970)925-7395
Email: mhaasQsopris.net
PID No. 2643-341-10-010
000002
Neiman/Burns Application
TABLE OF CONTENTS
PAGE
I. INTRODUCTION ..........................................................................1
II. NEIGHBORHOOD AND SUBJECT PROPERTY ...................................3
III. THE PROPOSAL ...........................................................................4
IV. REVIEW REQUIREMENTS ...............................................................6
A. Activity Envelope and Site Plan Review .........................................6
B. Rural Character, Environmental Protection and Natural Hazards.......?
1. Site Preparation and Grading ..............................................7
2. Landscaping and Vegetation Protection .................................8
3. Steep and Potentially Unstable Slopes ...................................9
4. Water Course and Drainage .................................................9
5. Wildfire Hazards .........................................................................10
6. Wildlife Habitat ..............................................................10
7. Scenic View Protection/Rural Character Guidelines ...............13
C. Roads, Driveways, and Parking ...................................................17
D. Public Services and Utilities .......................................................17
E. Special Review for CDU and Development Utilizing TDR ................18
F. Transfer of Development Rights .................................................21
G. GMQS Exempiions ..................................................................22
Exhibits
Exhibit 1: Proof of Ownership
Exhibit 2: Letter of Authorization for Haas Land Planning, LLC to represent
the Applicant
Exhibit 3: Pre-Application Conference Summary
Exhibit 4: Wildfire Hazard Review by David R. W. Hcefer
Exhibit 5: Engineering Report by Red Mountain Civil
Exhibit 6: Executed Agreement to Pay Form
Exhibit 7: Adjacent Property Owners' Mailing Addresses of Record
PID No. 2643-341-10-010
0~~~~3
I. INTROI?UCTIQN
This application requests approvals for:
• Activity Envelope and Site Plan Review;
• Special Review to establish the subject property as a receiver site for two (2)
transferable development rights (TDR) for additional floor azea;
• Special Review for a CDU; and,
• GMQS Exemptions.
The subject property is Lot 7, Block 1, White Horse Springs Ranch Lots and
Tracts, as shown on the plat thereof, recorded in Book 5 at Page 66. The address is 2660
McLain Flats Road, and the property's general location relative to the surrounding area is
depicted on the Vicinity Map below.
Lot 7, Block 1 of the White Horse Springs Subdivision is a 5 acre property, and
its Pazcel Identification Number is 2643-341-10-010. The property lies outside the Urban
Growth Boundary (UGB), in Pitkin County's designated Rural Area. Legal access is
gained via a platted private road that is reached by way of McLain Flats Road.
This application is submitted pursuant to the following sections of the Pitkin
County Land Use Code (the Code): Section 2-30-20(g)(2) and (3), Activity Envelope and
Site Plan Criteria For Approval; 2-30-30(h), Special Review for TDR Receiver Site and
CDU; 2-40-20(fl, Additional Special Review Procedures for CDU; 4-30-50(e), Caretaker
Neiman/Burns Activity Envelope and Site Plan Review (Pazcel No. 2643-341-10-010)
00000
Vicinity Map - 2660 McLain Flats Road
Dwelling Units; 6-30-40, GMQS Exemption for CDU; 6-30-50, GMQS Exemption for
Development Using TDR; 7-10-50, Site Plan and Activity Envelope; 7-20, Rural
Character, Environmental Protection, and Natural Hazazds; 7-30, Roads, Driveways and
Pazking; and 7-50, Public Services and Utilities.
The application is submitted by John Neiman and Susan L. Burns (hereinafter
"the applicant"), owners of the subject property. Proof of the applicant's ownership is
provided in Exhibit 1. Authorization for Haas Land Planning, LLC, (HLP) to represent
the property owner is provided in Exhibit 2. Apre-application conference summary is
included herewith as Exhibit 3. A wildfire review assessment prepared by David R.W.
Hoefer is attached as Exhibit 4. A civil engineering report and associated plans from Red
Mountain Civil, Inc. aze attached as Exhibit 5. A list of adjacent property owners with
their mailing addresses of record and an executed application fee agreement are attached
as Exhibits 6 and 7, respectively.
This application is divided into four sections. This Section I is a brief
introduction to the application, while Section II furnishes an overview of the
neighborhood and subject property (existing conditions). The proposed development is
detailed in Section III, while Section IV identifies the relevant review criteria ofthe Code
and provides responses demonstrating compliance and/or consistency with each standard,
as applicable. For the reviewer's wnvenience, all pertinent supporting documents are
provided in the vazious exhibits to the application.
While the applicant has attempted to address all relevant provisions of the Code
and provide sufficient information to enable a thorough evaluation, questions may arise
which require further information and/or clazification. Upon request, the applicant will
provide such additional information as may be reasonably required in the course of the
review.
Neiman/Burns Activity Envelope and Site Plan Review (Pazcel No. 2643-341-10-010) Page
000005'
II. THE NEIGHBORHOOD & SUBJECT PROPERTY (Existing Conditions)
The subject property is Lot 7, Block 1, White Horse Springs Ranch Lots and
Tracts, according to the plat thereof rewrded in Plat Book 5 at Page 66. The address is
2660 McLain Flats Road, and its general location relative to the surrounding environs is
depicted on the Vicinity Map provided in Section I, above. It is a 5 acre lot, and its
Pazcel Identification Number is 2643-341-10-010. The property lies outside the Urban
Growth Boundary (UGB), in Pitkin County's designated Rural Area.
The property is located just off a private road that connects to the south side of
McLain Flats Road, immediately west of Trentaz Drive (the entrance to Starwood). The
property is bounded on the north, east, and west by similar residential lots in White Horse
Springs, and on the south by the Roaring Fork River. There is currently a residence with
approximately 2,306 square feet of floor area on the property (per the County Assessor's
records).
The property straddles a ridge, with part of the lot dropping steeply to the
southwest, down to the Roaring Fork River with slopes of approximately seventy percent
(70%).This portion of the property will remain outside of the Activity Envelope. The
remainder of the property, where the existing and proposed structures are located, is on a
north aspect with slopes of between ten (10) and thirty (30) percent. The predominant
vegetation on the lot is sagebrush, with occasional oakbrush, rabbitbrush, serviceberry,
and chokecherry. Aspen and ponderosa pine trees have been planted around the existing
home.
As the provided photographs show, due to the topography and location of the lot,
the existing home is barely visible from McLain Flats Road. Although the existing home
is visible from State Highway 82 (SH 82), it is at a substantial distance, and presents
similar visual impacts as that associated with the surrounding homes in White Horse
Springs and Starwood. Most of the existing driveway is not visible from either McLain
Flats Road or SH 82.
The lots in White Horse Springs range in size from just under three acres up to
almost sixteen acres. The subject lot is fairly average in size, relative to the rest of the
subdivision, and is located toward the south end of the subdivision.
Generally speaking, the neighborhood in which the subject property is located is
substantially built out. Homes exist on all ofthe adjacent residential parcels. Most lots in
the azea aze developed with homes ranging from large to very lazge in size. Homes in the
azea tend to be set back off McLain Flats Road for privacy and orientated toward the
south/southeast facing views. Most properties include horse facilities comprised of
stables/barns, corrals, and power-irrigated pastures. The homes are, for the most part,
relatively spread out and tend to be built into or on top of slopes to take advantage of the
views.
Neiman/Burns Activity Envelope and Site Plan Review (Pazcel No. 2643-341-10-010)
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III. THE PROPOSAL
This application requests approvals for:
• Activity Envelope and Site Plan Review for a new residence, the renovation of the
existing residence into a CDU, and atwo-stall barn, a paddock, and a horse pasture.
• Special Review to establish the subject property as a receiver site for two (2)
transferable development rights (TDR) for additional floor area;
• Special Review for the remodel ofthe existing home into a CDU; and,
• GMQS Exemptions.
The proposed new residence will be stepped-down and tucked into the slope of
the property, minimizing the height and visual impact. The existing stone house will be
renovated with a new roof and replaced windows, keeping the exterior walls intact; floor
area will be removed internally to enable use ofthe house as a CDU. The existing garage
and subterranean apartment will be demolished. The proposal also calls for the
development of a two-stall barn, a paddock, and a horse pasture.
There are no geologic hazards affecting the subject site, and virtually the entire
proposed activity envelope is on slopes of less than thirty (30) percent. There aze no
mapped or otherwise regulated wildlife habitat types affecting the proposed property;
moreover, the boundazies of the Activity Envelope and the proposed development
activities contemplated in the Site Plan Review approvals will combine to ensure a
minimal impact development with complete mitigation. This property is located in an
existing, recognized, and fully developed subdivision with large homes throughout.
Furthermore, the property has been previously developed, with the existing home and
detached gazage/apartment.
The applicant is also seeking approval to establish the subject property as a
receiver site for two (2) transferable development rights (TDR) for additional floor area.
Rather than develop one huge home (the Code allows for up to 15,000 square feet), the
10,750 square feet of floor azea (5,750 plus two TDR) will be divided into three
structures. The existing residence will be remodeled into a CDU with 1,000 squaze feet
of net livable azea, while the proposed new residence will include 7,750 squaze feet of
floor area. The Barn, as proposed will include the remaining 2,000 squaze feet of floor
area. Accordingly, use of two TDR is necessary to enable the applicant to build the new
residence and barn, and to renovate the existing home into a detached CDU. This request
also requires approval to use the growth management incentive for development that
utilizes transferable development rights (TDR) pursuant to Section 6-30-50 which, in
turn, necessitates special review approval and a finding of consistency with the
provisions of Section 2-30-30(h). Similarly, enabling the remodel and reuse of the
existing home as a detached CDU also requires special review approval pursuant to
Section 2-30-30(h) of the Code.
Neiman/Bu(rn) s Activity Envelope and Site Plan Review (Parcel No. 2643-341-10-010)
~~~~QJ
Upon approval to establish the property as a TDR receiver site, the applicant will
purchase the needed TDR from an accommodating preservation site(s). In effect, the
trade off for allowing the additional floor azea on the subject parcel will be the
sterilization and preservation of land either in the ecologically sensitive RuraURemote
zone district or that has been deemed too constrained for acceptable development.
0 O O `lhietgtaz~/Bums Activity Envelope and Site Plan Review (Parcel No. 2643-341-10-010)
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N. REVIEW REQUIREMENTS
The applicable review standards of the Code aze addressed in this section of the
application and in the following order:
A) Site Plan and Activity Envelope (§2-30-20(g)(2) and (3); and, §7-10-50);
B) Rural Character, Environmental Protection, and Natural Hazards (§7-20):
1. Site Preparation and Grading (§7-20-10);
2. Landscaping and Vegetation Protection (§7-20-130);
3. Steep and Potentially Unstable Slopes (§7-20-20);
4. Water Course and Drainage (§7-20-30);
5. Wildfire Hazazd (§7-20-60);
6. Wildlife Habitat Areas (§7-20-70); and,
7. Scenic View Protection Areas and Rural Character Guidelines for Building
Location (§7-20-120(d) and (e));
C) Roads, Driveways, and Parking (§7-30);
D) Public Services and Utilities (§7-50);
E) Special Review for a CDU and Development Utilizing TDR (§2-30-30(h));
F) Transferable Development Rights (§6-70); and,
F) GMQS Exemptions (§6-30).
A. Site Plan and Activity Envelope
The applicant is seeking Site Plan Review and Activity Envelope approvals for
development of a new residence, atwo-stall barn, a paddock, and a horse pasture, as well
as a remodel ofthe existing home for conversion into a CDU.
Section 2-30-20(g)(2) of the Code provides the criteria for approval of a Site Plan
as follows:
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 properly contains Constrained
Areas, the Community Development Department staff shall follow those Priorities
for Locating NewActivity 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.
Neiman/Burns Activity Envelope and Site Plan Review (Pazcel No. 2643-341-10-010)
000018
The proposed Site Plan complies with all applicable provisions of the Code, as
demonstrated throughout this application. The general location and configuration of the
proposed Activity Envelope is consistent with development patterns throughout White
Horse Springs and the surrounding azea. All continuous slopes with a grade of more than
30% are being avoided, as demonstrated by the proposed Site Plan and Activity
Envelope. Furthermore, there aze no constrained areas on the subject property that affect
the proposed activity envelope.
Finally, the proposed Site Plan and Activity Envelope aze fully consistent with the
priorities for locating new activities and development. More specifically, the proposal
follows and adheres to the standazds and criteria of Section 7-10-50, which require the
avoidance of azeas of statewide interest; steep and potentially unstable slopes; water
courses, drainage channels and areas subject to erosion; floodplain hazard azeas; geologic
hazazd areas; wildfire hazazd areas; wildlife habitat azeas; river and stream corridors and
wetlands; irrigated lands for food or crop production; historic preservation azeas; and
archaeological resource azeas. These points are further elaborated upon in the ensuing
section ofthis application.
In general, this application involves development in a subdivision characterized
by large houses and associated outbuildings. This lot has been previously developed, and
this proposal seeks to minimize impacts on surrounding properties, maximize compliance
with the requirements of the development standards in Chapter 7 of the Code, and
maximize compliance with the Comprehensive Plan goals and objectives (see also
Section "IV.B." ofthis application, below).
All "Constrained Areas" on the subject property aze being avoided to the extent
practicable, but where avoidance is not practicable due to physical wnstraints or
balancing of concerns, complete rnitigation is provided.
After the Activity Envelope is defined and the Site Plan is approved, all
applicable local, state and federal permits will be obtained prior to any clearing, grading,
grubbing, or earthmoving that exceeds fifty (50) cubic yards, or changes in the natural
drainage ofthe site. Also, the natural grade, topography, vegetation and drainage of azeas
outside the defined envelope will not be disturbed, except as specifically permitted by the
Land Use Code and any associated approvals. Prior to any development activity on the
pazcel, the boundaries of the Activity Envelope will be identified with construction
fencing, and such fencing will remain in place until development has been completed.
B. Rural Character. Environmental Protection, and Natural Hazards
1. Site Preparation and Grading, Section 7-20-10
The proposed Site Plan and Activity Envelope, coupled with the Drainage Plan,
combine to ensure consistency with the requirements of Code Section 7-20-10.
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In accordance with Section 7-20-10(a), Grading and Fill Placement, all grading
and fill placement shall take place within the defined Activity Envelope, and all grading
and fill placement exceeding 50 cubic yards is indicated on the Site Plan.
Pursuant to Section 7-20-10(b), Clearing, Grubbing and Vegetation Removal, all
clearing or grubbing of land, or removal of vegetation shall take place within the
approved Activity Envelope, except for the removal of noxious weeds, which may occur
outside of the Activity Envelope. The Site Plan documents compliance with the
requirements ofthis Section and Section 7-20-130.
Section 7-20-10(c) governs tree removal and mitigation. The applicant
understands that each tree with six (6) inches or larger diameter at breast height (D.B.H.)
that is removed within the Activity Envelope shall be replaced with one (1) or more trees
with total D.B.H. at least equal to the caliper(s) of the tree(s) removed, unless the tree(s)
are diseased, or required to be removed pursuant to the provisions of Section 7-20-60.
All revegetation shall also comply with the Pitkin County Revegetation Guidelines.
As a comparison of the existing conditions survey and the proposed site plan
demonstrates, the applicant will not be removing any trees requiring mitigation, yet he
will be installing one-hundred fifty-five (155) trees of appropriate, native species. This
substantial amount of native tree planting is proposed to help screen the new home,
driveway, and retaining walls so that they aze less visible from the road. The applicant
further understands that any required trees that do not survive for at least one (1) yeaz
after installation will need to be replaced.
The applicant will use Gaze to protect the natural terrain, stream vegetation and
other natural features of the landscape with the Activity Envelope, per Section 7-20-
10(d).
2. Landscaping and Vegetation Protection, Section 7-20-130
The proposed development will comply with the Pitkin County Landscape
Guidelines in order to preserve existing vegetation, and to ensure that man made
improvements are screened from view, preserving the rural chazacter ofthe County.
The predominant vegetation on the property is sagebrush with occasional
oakbrush, rabbitbrush, serviceberry, and chokecherry scattered throughout the lot. Aspen
and ponderosa pine trees have been planted azound the existing home. As provided
eazlier, a compazison of the existing conditions survey and the proposed site plan
demonstrates that the applicant proposes planting one-hundred fifty-five (155) trees of
native species, while not removing any trees requiring mitigation.
In addition to the general requirements of Section 7-20-130, the applicant
understands that, in the Rural Area, landscaping must be installed: to screen satellite
dishes and other telecommunications equipment when located within five hundred (500)
feet of adjacent public roads and visible from such roads; to screen pazking areas and
NeimanBurns Activity Envelope and Site Plan Review (Parcel No. 2643-341-10-010)
0~~~20
service areas when viewed from adjacent public roads; to comply with the standards of
Sections 7-20-70, 7-20-80, or 7-20-120; and, to revegetate disturbed azeas. These
additional provisions will be followed through the use of indigenous species of shrubs
and trees, and the clustering of such shrubs and trees into groupings similar to those
naturally occurring in the area.
3. Steep and Potentially Unstable Slopes, Section 7-20-20
Section 7-20-20(d) of the Code states that development is permitted on slopes
with less than a thirty (30) percent gradient. The entire activity envelope proposed in this
application is on slopes of less than thirty (30) percent except for a very small azea that is
clearly a minor slope anomaly and is next to the existing gazage. It is a man-made
change in the gradient of a continuous slope that was caused by the previous development
ofthe garage.
As the drainage plan prepared by Red Mountain Civil, Inc. explains, the pattern of
southeast to northwest drainage will continue. Since the pasture will be improved with
soils and vegetation, detention may not be required, but will be accommodated if
necessary.
Foundation design and construction will distribute weight sufficiently over cut
and fill areas to ensure stability. Cuts, fills, and other excavations will be minimized,
steepening of existing slopes will be avoided, and all disturbed azeas not covered by
construction will be graded so that they can be revegetated, subject to the restrictions on
irrigation discussed above.
4. Water Courses and Drainage, Section 7-20-30
At the time of building permit application, the proposed development of the site
will demonstrate maintenance of historic drainage patterns to reasonably preserve the
natural character of the site and prevent property damage. The flow of natural water
courses will not be impeded, and adequate drainage will be provided for all low points.
Cm-site treatment of storm water will be designed to detain and allow infiltration of
runoff prior to discharge to any water body. As previously mentioned above, the current
drainage pattern of southeast to northwest will continue, and any necessary detention will
be accommodated.
All erosion related impacts associated with development of the property will be
minimized and addressed as part of the building permit application. Runoff volumes and
peaks within the development site and in azeas affected by runoff from the development
site will not exceed the runoff levels attributable to the undeveloped site as determined by
a professional engineer licensed in the State of Colorado. The development will not
affect irrigation of any agricultural lands, and it will not adversely affect the exercise of
any existing and decreed irrigation water right. Flood irrigation is not and will not be
practiced on the subject property. Basements and soil absorption on-site wastewater
treatment systems will be placed in locations where they will not be impacted by seepage
r~Neiman/Bums Activity Envelope and Site Plan Review (Pazcel No. 2643-341-10-010)
000021
from irrigation ditches. Sedimentation controls will be implemented before and
throughout development, and there will be no run-off into any water body, wetlands, or
ripazian azea.
Finally, use and development of the property will comply with all state and
federal statutes and regulations concerning the protection and enhancement of water
quality, and will be wnsistent with maintenance of the Stream Classifications for the
Roaring Fork River watershed, as identified in Section 208 of the Roaring Fork
Watershed Management Plan, while emphasizing the most efficient use of water. This
development shall not result in the introduction of any contaminants to groundwater, or
interfere with any rechazge azea or aquifer. No building shall be constructed immediately
downhill of a ditch.
5. Wildfire Hazards, Sec. 7-20-60
Development is allowed in low to moderate wildfire hazazd areas, if such
development complies with the development standazds of Section 7-20-60(c). These
standards maybe vazied upon recommendation by a wildfire expert.
In October of 2007, Mr. David R. W. Hoefer, a Consulting Forester visited the
subject property and made observations and recommendations. Based upon the existing
vegetative cover, the location of the dwelling in relation to the slope, and the fact that the
dwelling is more than fifty (50) feet back from the steep slope, Mr. Hoefer found the
wildfire hazazd rating for the entire lot to be "moderate." His report went on to state that
the property would be wnsidered a "Low Hazard" based upon the location of the existing
county road, the proposed driveway, the close proximity of the fire hydrant, and the lack
of slope directly below or above the dwelling. Although the portion of the lot to the north
of the driveway is wnsidered "low," the rating is given to the lot as a whole, making the
wildfire hazard rating "moderate."
The building site will take advantage of the slope, with earth-sheltered design and
floor levels set to reflect the topography. Slopes in front ofthe dwelling will be less than
ten (10) percent. There will be a manicured lawn azound the dwelling, with existing
native vegetation beyond the grass.
Accordingly, Mr. Hoefer has slightly modified the standazds of Section 7-20-6Q
as authorized by subsection (e), (See Exhibit 4). His specific mitigation
recommendations for the development are contained in the letter provided herewith as
Exhibit 4. The wildfire mitigation recommendations outlined by Mr. Hoefer will be
followed by the applicant.
6. Wildlife Habitat Areas, Sec. 7-20-70
There are no active, field-verified bighorn sheep, ells or mule deer winter range,
severe winter range, winter concentration azeas, migration corridors, or production azeas
that occur on or adjacent to the property. No legally protected, sensitive, or economically
NeimanBums Activity Envelope and Site Plan Review (Pazcel No. 2643-341-10-010)
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important wildlife species will be affected by the proposed development. Likewise, no
habitat for plant or animal species listed as threatened or endangered by the United States
Fish and Wildlife Service will be affected by the proposed development. Additionally,
no habitat for plant or animal species listed by the State of Colorado as raze, threatened,
endangered or of State special concern will be affected.
No naturally occurring jurisdictional wetlands will be affected by this
development. Accordingly, development within the proposed activity envelope will not
be detrimental to wildlife habitat. Since the property is not affected by any specifically
regulated habitat types, this portion of this application responds only to the general
standazds of Section 7-20-70(c). The review standards of Section 7-20-70(c) are
provided below in italicized text, with each standrsd immediately followed by a response.
1 . When existing native vegetation must be altered within the Activity Envelope,
the applicant may be required to prepare a habitat mitigation plan acceptable to the
County. Such mitigation plan may substitute (in a nearby area on the subject property)
vegetation equal in type and quantity to that being removed to mitigate effects on wildlife
species. Should there be no opportunity on the property for habitat mitigation or
restoration, off-site mitigation benefiting the same species may be required, or financial
mitigation may be paid into a County habitat mitigation fund should such a fund be
established in the future.
Native vegetation will be preserved outside of the Activity Envelope, except
where management is necessary to reduce wildfire hazards. Landscaping will be
restricted to within the Activity Envelope. Any vegetation damaged or removed during
construction will be revegetated using native species. In the unlikely event that the
County and the DOW feel that financial mitigation would be warranted or appropriate,
the applicant agrees to cooperate. See proposed site and landscaping plan, as well as
existing conditions map.
2. Manipulation of vegetation outside of the Activity Envelope is prohibited.
There will be no manipulation ofany vegetation outside ofthe Activity Envelope.
3. Mesh or woven wire fences are prohibited outside the Activity Envelope.
4. Wood rail fencing shall employ three (3) rails or less, be the round or split rail
type, shall not exceed fifty four (54) inches in height above ground level, and twelve (12)
inches in width (top view), and shall have at least eighteen (18) inches between the lower
two (2) rails.
5. Wire fencing must be three (3) strands or less. The top wire should be a twelve-
point-five (12.5) gauge twisted barbless type at a maximum height of forty-two (42)
inches. The middle strands (which may be barbed) should be located a minimum twelve
(12) inches apart and from the top wire preventing entanglement when mule deer jump
over. The bottom strand should be sixteen (16) inches from the ground.
Neiman/Bums Activity Envelope and Site Plan Review (Pazcel No. 2643-341-10-010)
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Any fences deemed necessary will meet or exceed Pitkin County and CDOW
wildlife standazds.
6. Tall overly mature trees and standing dead trees (snags) should be retained at
the rate of twv (2) to five (5) per acre whenever possible as nesting and perching habitat.
This standazd is understood by the applicant, and will be followed to the extent
possible in light of wildfire and other hazazd mitigation requirements.
7. In areas of high black bear activity, fruit bearing trees and shrubs shall be
prohibited within the Activity Envelope. This does not include pre-existing native trees
and shrubs.
No fruit beazing trees and shrubs will be included in the landscaping.
8. Development shall be clustered to the maximum extent possible to minimize
impact on wildlife.
All development will occur in the approved Activity Envelope only.
9. Access shall be provided to the Colorado Division of Wildlife for trapping,
tagging, studying, or otherwise managing wildlife.
Access will be provided to CDOW with reasonable notice given to the applicant.
10. Trash/garbage shall be kept in an approved bear resistant container or
enclosure.
All refuse wntainers will meet or exceed the Wildlife Proof Refuse
Container/Dumpster Enclosure Standazds described in Pitkin County Ordinance Number
010-2001 and the 2004 amendment thereto.
11, 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 two (2)
trees or posts. All seed feeders shall include a seed catchment pan to catch discarded
seed.
This standard will be followed.
12. Horse grains, pellets, and cookies shall be stored in bear resistant containers.
Any of the above mentioned items will be stored in bear resistant containers.
13. Petfood shall not be left outside.
Pet food will not be left outside, and pets will not be fed outside.
Neiman/Burns Activity Envelope and Site Plan Review (Pazcel No. 2643341-10-010)
00004
7. Scenic View Protection and Rural Character Guidelines for Building
Location, Sec. 7-20-120(d) and (e)
In order to preserve the character of Pitkin County, cazeful attention must be paid
to the visual impacts ofproposed development. Section 7-20-120 ofthe Code establishes
Scenic View Protection areas that are proximate to and most visible from specified roads
in the County. Since this property is visible from McLain Flats Road and State Highway
82 (SH 82), and both are roads specified in Section 7-20-120(6) of the Code, the Section
7-20-120(d) standazds for development must be followed.
Artistic renderings have been prepared depicting the chaaacter of the proposed
home from both McLain Flats Road and SH 82. As the provided materials show, this
home will use the natural topography of the site to screen a large portion of the new
residence from view so as to minimize visual impacts. The development will be barely
visible from McLain Flats Road. Additionally, the applicant intends to plant
approximately one-hundred fifty-five trees (155) azound the property, with groupings of
plantings to help screen the home and driveway. The home will not be located on the
highest or most visible portion of the site and will not project above a defined ridgeline.
The proposed development will use traditional building forms with a western influence,
including shed roof dormers, rusted metal roofs, wrap around porches and stone accents.
There is no way to completely eliminate visibility of the proposed development
from SH 82, although any visibility from SH 82 will be at a substantial distance. Any
visual impact will be similaz to, or less than, that associated with the existing homes on
surrounding lots in White Horse Springs and Starwood. The proposed new residence will
use the natural topography of the lot to screen most of the home from view. It will be far
less visible than the home that currently exists on the property. The plans demonstrate an
effort to adhere as closely as possible to the standazds for Scenic View Protection by
minimizing negative visual impacts through the use ofearth-sheltered design, and natural
and earth-toned materials.
The review criteria of Section 7-20-120(d) are provided below in italicized print
and each is followed by a response demonstrating compliance and/or consistency
therewith, as applicable.
(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.
The existing topography and vegetation afford little opportunity for screening of
the existing home from SH 82. The existing home sits at the top of the slope, on an
intermediate ridgeline, and is entirely visible from SH 82. The applicant plans to
renovate the existing home and tum it into a 1,000 square foot CDU (net livable azea).
The exterior of the home will be retained, but a new roof and replacement windows will
be installed.
Neiman/Burns Activity Envelope and Site Plan Review (Pazcel No. 2643-341-10-010)
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While the existing flat roof has proven to be problematic, the proposed pitched
roof will provide better shedding of snow and ice and better ease of maintainence. The
new residence will utilize the existing topography to screen much of the home from SH
82. The visibility of this home from SH 82 will be similaz to, or less than, that of
existing homes on McLain Flats Road and Starwood. Only portions of the second floor
and roofwill be visible, and only from substantial distances.
(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 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.
There is no way for this development to completely avoid the Scenic View
Protection Area. However, this development will not be located on the highest ground or
most visible portion of the site as viewed from either McLain Flats Road or SH 82.
Further, as mentioned above, the new residence and barn will use the natural topography
of the land to screen most of the development from view. The new residence will also be
set back approximately fifty-five (55) feet from the top of slope. The most visible part of
the development will wntinue to be the existing home (proposed CDU).
(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.
Although the home will be visible from parts of SH 82, it will be at a substantial
distance and will be in chazacter with existing development patterns on McLain Flats
Road and Starwood. Furthermore, this development is proposing to split up the FAR
into three sepazate structures: the existing home (CDU); the new residence; and the barn.
Additionally, the multiple levels of the new residence and the use of staggered rooflines
will serve to break down the perceived mass ofthe development into smaller forms.
(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.
The proposed residence will not project above a ridgeline. There aze no ridgelines
affecting the subject site as the topography continues to ascend to above Stanwood.
Neiman/Bums Activity Envelope and Site Plan Review (Pazcel No. 2643-341-10-010)
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(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 lort~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.
The applicant intends to utilize natural materials and coloring. A substantial
portion of the proposed residence will be built into the slope, rendering such areas not
visible from SH 82.
(6) The proposed development shall preserve natural vegetation and avoid
development within irrigated meadows, to the maximum extent practicable.
The portion of the property that is visible from SH 82 will remain outside of the
Activity Envelope and no vegetation will be removed therefrom. Disturbed azeas within
the envelope will be reseeded with a native mix of grasses and fortis. The seed mix will
be chosen in consultation with the County's Land Management Department. There aze
no irrigated meadows currently on the subject site.
(7) The proposed development shall install utilities in locations and through
procedures that minimize visual impacts to the maximum extent practicable.
All utilities will be installed underground and in locations that minimize visual
impacts.
(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.
Any satellite dishes will be located so that they minimize visibility from both
McLain Flats Road and SH 82, and will use earth tone colors and/or be screened.
(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.
Earth-moving and berms will not be needed to comply with these regulations.
The natural topography of the lot will provide necessary screening of the proposed
development. Additionally, compliance will be achieved by breaking up the mass into
three separate structures, employing earth-sheltered design techniques, and committing to
the use of earth-toned and natural exterior building materials.
Neiman/Burns Activity Envelope and Site Plan Review (Pazcel No. 2643-341-10-010)
000034
(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 (~ as they may
apply to the particular properly.
This standard actually refers to subsection (e) and is addressed below.
(11) 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 and indigenous materials will be used where and to the extent possible.
The designs proposed aze in complete harmony with this standazd.
(12) 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.
All roofs will have anon-reflective color or composition. Roofing materials will
be treated to ensure that they are non- reflective.
(13) 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.
All disturbed azeas will be revegetated. Also, see the response to standard (6)
above.
(14) 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.
There are no meadows or pastures on the subject property. The proposed
driveway will follow the existing driveway alignment, and will take advantage of the
natural topography, as well as new plantings, to screen it from view from McLain Flats
Road. The driveway will not be visible from SH 82.
Neimaa/Burns Activity Envelope and Site Plan Review (Parcel No. 2643-341-10-010)
00003?
All developments in Rural Areas aze subject to additional guidelines that must be
followed, pursuant to Section 7-20-120(e) of the Code. That section states:
`Development in Rural Areas should be located so that activities and development occur
in one or a combination of the following locations as they may apply to the particular
property: (1) at the edge of an open meadow or pasture; (2) behind an existing stand of
vegetation; (3) behind or built into a change in natural topography; or (4) within a
pasture or meadow, clustered in the form of a ranch compound, or adjacent to or
integrated into an existing ranch compound ".
There are no open meadows or pastures associated with this property, and no
existing stands of vegetation to build behind. As mentioned above, this proposal will
utilize the natural topography of the site to help screen much of this development from
view. The existing home (fixture CDU) will remain where it is currently located, and the
new residence will feature multiple levels, articulated, modulated, and broken-up
forms/massing, and utilization of the natural topography for screening.
C. Roads, Driveways, and Parking
All new road and driveway construction must receive a development permit from
the County Engineer and Community Development Director. Outside of the Aspen
UGB, roads and driveways must be designed and constructed in compliance with the
Pitkin County Road Standazds and Specifications and the Pitkin County Asset
Management Plan. All off-street parking spaces must conform to the standards of
Section 7-30-20(b). The applicant agrees to comply with all of the above standazds. The
minimum number ofoff-street pazking spaces for the proposed development will be four
(4), in accordance with Section 7-30-20(c) of the Code.
D. Public Service and Utilities
All development must comply with the provisions of Section 7-50 regazding the
design and installation and/or extension of public services and utilities. The Code states
that extensions of public utilities shall take place within a defined Activity Envelope
which may include separate designated azeas, different from those portions of the
Activity Envelope designated for primary structures, accessory structures, or driveways.
Additionally, disturbed azeas aze required to be revegetated. These standazds will be
followed by the applicant. Electrical, telephone and cable services all exist along or in
the private road with access risers or transformers available. New services will be
connected and buried in the driveway corridor.
This property has existing water service off of the White Horse Springs
distribution system as part of the subdivision agreement. This service will be expanded
to serve the entire property, including fire suppression.
The existing home already has a functioning septic system near the southwest
corner of the property. The four-bedroom existing home will be converted into aone-
bedroom CDU. The existing septic system will wntinue to serve the CDU, as well as the
O O (l (, n ~n/Bums Activity Envelope and Site Plan Review (Pazcel No. 2643-341-10-010)
new bam. The barn will have a small bath consisting of a lavatory and a sink. The
existing system will have less loading than it can accept.
The new residence will have its own septic system designed to comply with Pitkin
County's Environmental Health and Natural Resources Department regulations. The
tank and field are proposed across from the new residence, near the center of the
property. There is the possibility that a portion of the leach field will be between the
new home and the CDU, pending a soil analysis. A 3,000 gallon tank with a dosing
mechanism is proposed for even distribution to the infiltrator chambers. Approval and
permits will be obtained from the Colorado Department of Public Health and
Environrnent, Water Quality Control Division.
E. Suecial Review for a CDU and Development Utilizin¢ TDR
The applicant is seeking approval to establish the subject property as a receiver
site for two (2) TDR for additional floor area. The TDR will enable the development of a
new residence with up to 7,750 squaze feet of floor azea, a new barn ofup to 2,000 square
feet of floor area, and a remodel of the existing home into a detached CDU with 1,000
square feet of net livable area (figures are approximate and rounded-off). Total floor
area on the property will not exceed 10,750 squaze feet.
Pursuant to AR-10 zoning provisions and Sections 4-30-50(e) and 6-70-20(b),
special review is required to allow a detached CDU and to establish a TDR receiver site
located outside the RuraURemote Zone District. The subject property is not located
within the Rural/Remote Zone District; however, it is located outside of the UGB and is
zoned AR-10.
Section 2-30-30(h) of the Code establishes the criteria for approval of special
review uses. This application for special review approval to develop a CDU and
establish a TDR receiver site complies with all of the following standazds, as
demonstrated below:
(a) The special review use shall be consistent with the applicable County Master Plan.
In terms ofgeneral wnsistency with County Master Plans, TDR allow the transfer
of development rights from areas the County desires to protect to areas that have been
deemed more appropriate for residential development. In practice, the County has
repeatedly facilitated the transfer of development rights from the Rura]/Remote Zone
District or from constrained sites. The applicant is proposing to land two (2) TDR on a
property located within the AR-10 zone district and thereby ensure the preservation of
properties deemed less suitable for development. This is fully consistent with County
goals and objectives. Furthermore, while the underlying zoning allows, by right, for
single-family residential development of up to 15,000 squaze feet of floor area on the
subject lot, only 10,750 squaze feet are requested herein, with said floor azea being
divided amongst three structures: asingle-family residence, a barn, and a detached CDU.
Neiman/Bums Activity Envelope and Site Plan Review (Parcel No. 2643-341-10-010)
~Y
(b) The special review use shall not conflict with any applicable sections of the Pttktn
County Land Use Code, including the County Land Use Policies in Chapter 1.
Overall consistency with the County Land Use Policies contained in Chapter 1 of
the Code has been demonstrated above. The County Land Use Policies contained in
Chapter 1 of the Code state that, "The dominant policy of Pitkin County is to conserve
and protect from further degradation the present natural environment and its resources."
The proposed activity envelope, along with the conditions of the Site Plan Review
approval and the commitments provided in the foregoing portions of this application, will
ensure that the development of this site will promote this "dominant policy." The
proposed special review uses do not conflict with any applicable sections ofthe Code.
(c) The proposed development must not materially endanger the public health, safety or
welfare.
The development proposed on the subject property will not endanger the public
health, safety or welfare. The new dwelling unit, the barn, and the renovation to the
existing home into a detached CDU will be located within an approved Activity
Envelope. The use ofTDR for the additional square footage will not materially endanger
the public health, safety or welfaze.
(d) The proposed development must not substantially injure the value of adjoining or
abutting property.
The County has approved numerous TDR receiver sites and CDU in the recent
past, many in the azea surrounding the subject property; no such approval or development
has ever been demonstrated to injure, let alone substantially injure, the value of adjoining
or abutting property. The development proposed on the subject property will not injure
the value of adjoining or abutting properties.
(e) The special review use shall be consistent with the intent of the zone district in which
it is proposed to be located.
The proposed Special Review Use (a CDU and a TDR receiver site) will be
located in the County's AR-10 zone district. The proposed development is fully
consistent with the intent of the AR-10 zone district, and the transfer of a development
rights off RuraURemote or constrained site properties is completely consistent with the
intent of that zone. Only one single-family residence, and customazy accessory uses are
proposed at a density consistent with the zoning and surrounding development patterns.
Environmental hazazds have been avoided and/or mitigated, as appropriate.
(fl The special review use shall be compatible with the character of the immediate
vicinity of the parcel proposed for development and surrounding land uses, or shall
enhance the mixture of complimentary uses and activities in the immediate vicinity of the
parcel proposed for development.
Newnan/Burns Activity Envelope and Site Plan Review (Parcel No. 2643341-10-010) Page
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~ Gbn 2860 McCLAIN FLATS RD.
ASPEN, CO 81811 _
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Generally speaking, the neighborhood in which the subject property is located is a
subdivision consisting of lazge homes on parcels of land raging from 3 to 16 acres.
Homes and associated improvements and outbuildings tend to be fairly lazge, and
somewhat spread out. Indeed, many of the properties in the surrounding azea have
primary structures and out buildings; many have been developed with CDU and/or barns
and squaze footages similar to or greater than that proposed. The proposed development
follows these patterns while preserving the hillside below the envelope as well as another
portion of the property as a horse pasture. The proposed development is wholly
consistent with the chazacter of the azea. Also, please refer to the responses provided for
the previous standazds and those associated with Scenic Review.
(~ The location, size, design and operating characteristics of the proposed special
review use must be in harmony with the surrounding area and minimize adverse effects,
including visual impacts, impacts on pedestrian and vehicular circulation, traj~c
generation, parking, trash, service delivery, air/water pollution or other impacts on
natural resources, noise, vibrations and odor on surrounding properties.
Given the immediate environs and development patterns, the location, size and
design of the special review use requested herein is in complete harmony with the
surrounding area. The proposal envisions a low-density, single-family residential
development with a house size that is consistent with neighboring homes. The activity
envelope ensures an ability to maintain open space in a functional manner while avoiding
or mitigating all environmental hazazds, as appropriate. Due to distance, topography and
existing vegetation, the proposed development will bescreened to the extent possible.
The entire neighborhood consists of lazge homes that aze visible from SH 82 and/or
McLain Flats Road.
The impacts on pedestrian and vehiculaz circulation, paking, trash, service
delivery, noise, vibrations and odor on surrounding properties will be marginal to
nonexistent. That is, the additional square footage and its use in the manner proposed
herein will not result in any significantly different impacts onto pedestrian and vehicular
circulation, parking, trash, service delivery, noise, vibrations or odor than is the case with
the existing development or with any of the surrounding properties.
Parking needs of the site will be provided for within the activity envelope and will
meet County requirements with respect to amount and wnfiguration. Trash will be
stored in compliant bear-proof containers. Service delivery will be no different than any
single-family home in the area or elsewhere. Finally, adequate sepazation exists between
the home site and neighboring properties to ensure rninimization of noise, vibration or
odor impacts.
(h) There must be adequate public facilities and services to serve the special review use,
including but not limited to roads, potable water, sewer, solid waste, parks, police, fire
protection, emergency medical services, hospital and medical services, drainage systems,
and schools.
Neiman/Bums Activity Envelope and Site Plan Review (Pazcel No. 2643-341-10-010)
000039
There are already adequate public facilities and services to serve the additional
floor azea gained from the TDR and the detached CDU, as there is already an
approximately 2,306 squaze foot home on the property, and the surrounding azea is
already lazgely developed to its limits. Roads, electric, gas, and telephone lines aze
already in place for the existing home and the surrounding single-family residences and
no significant enlazgement of services and facilities will be required to accommodate the
negligible difference in demand presented by the additional squaze footage or the remodel
of the existing home into a detached CDU.
The property benefits from a surrounding azea with adequate public facilities and
services to serve the single-family residence, a bam, and a 1,000 squaze foot detached
CDU. It is not expected that development will result in undue impacts to pazks, police,
hospitals, or schools.
(i) The proposed special review use must comply with any additional standards or
requirements stated for such use in Sec. 4-30 and/or Sec. 2-40-20.
This application addresses the additional standazds, and the public notice
requirements for the CDU will be satisfied. The applicant will comply with the
requirements of Section 4-30-50, and that compliance is discussed in Section G below.
F. Transfer of Develoament lii¢hts
The provisions of Section 6-70 of the Code address the use of TDR. With regard
to the establishment of a TDR receiver site, the Code requires special review approval
and a finding of consistency with the standards and criteria of Sections 6-70-20(b) and 6-
70-40(b). The standazds for special review approval aze addressed above. Section 3-40-
100(c) ofthe Code governs TDR in the AR-10 zone district and states that,
TDRs may be purchased and used in the AR-10 zone district for the
purpose of increasing the maximum size of an existing dwelling within the
limits on final maximum floor area established in Table 5.1, pursuant to
Sections 6-70 and 2-40-30, and as set forth in Table 2-1.
Section 6-70-20(b) of the Code defines eligible "Receiving Sites" as:
Where the owner of a lot or parcel in the RS-35, RS-30, RS-20, AR-10,
AR-2, R-30, R-IS, R-ISA, or R-6 zone districts desires to build a house
larger than the base maximum house size permissible under Table 5-1, a
TDR may be used to increase the permitted floor area up to the final
maximum size specified in Table 5-1.
The subject property is eligible for development of an addition to the existing
residence with TDR as it is located in the AR-10 zone district in Pitkin County. Table 5-
1 ofthe Code lists the maximum permitted floor area in the AR-10 zone district as 15,000
squaze feet. The applicant proposes to purchase two (2) TDR from a permitted "Sending
Neiman/Burns Activity Envelope and Site Plan Review (Pazcel No. 2643-341-10-010)
000040
Site" located in Pitkin County. It is understood that each TDR used will be worth 2,500
square feet of floor area. The two (2) TDR will be used to allow 10,750 square feet of
floor area divided between an approximately 7,750 new single-family residence, an
approximately 2,000 squaze foot barn, and a 1,000 squaze feet detached CDU. The site
currently has an approximately 2,306 square foot home, as well as a garage that will be
removed.
Finally, Section 6-70-40(b) ofthe Code outlines the criteria for receiving sites and
states that, "TDR from any Sending Site in the County may be used on any Receiving Site
in the County, except as limited by Table 6-12 and the provisions of this section. " TDR
may be used to increase base maximum floor azea, "regardless of the number of TDRs
purchased, no structure on any Receiving Site shall be permitted to exceed the maximum
size for structures in the zone district shown in Table S-1. " The Section goes on to state
that, `Additional floor area shall not be available to any Receiving Site where the
underlying zone district contains a floor area ratio restriction that would not permit the
square footage of floor area sought, or where a prior development approval limited the
square footage allowed, and there was no provision for the use of TDRs to exceed the
allowed square footage. "
No prior development approvals applicable to the proposed receiver site have the
effect of limiting its ability to use TDR. The AR-10 zoning does not contain a floor area
ratio restriction. Thus, there aze no limitations applicable to the subject property that
would run counter to the request made herein. The special review criteria contained in
Section 2-30-30(h) have been specifically addressed above.
G. GMOS Exemutions
According to Section 6-10-10 of the Code, the purpose of the Growth
Management Quota System is to manage the rate, type, location, quality, and ultimate
quantity of growth within the Rural and Urban areas of Pitkin County. Growth
Management is applicable to all development activity that requires a building permit,
This application proposes replacement of the existing 2,306 square foot single-
family home, and conversion of that unit into a detached CDU with 1,000 squaze feet of
net livable area; CDU aze not units ofdensity. The new replacement single-family home
will contain approximately 7,750 squaze feet of floor azea, while the new barn will have
about 2,000 square feet of floor azea. The new residence, the renovated CDU, and the
barn will sum to approximately, but not more than, 10,750 square feet of floor azea. The
approximately 5,000 squaze feet of additional floor azea, above and beyond the allowed
5,750 square feet, will be acwmmodated through the landing of two (2) TDR.
All ofthe proposed development is eligible for the discretionary exemptions from
GMQS provided in Section 6-30 of the Code as explained below.
The applicant is seeking a GMQS exemption for the development of the new
single-family residence. Section 6-30-100(a) of the Code allows an exemption from
Neiman/Burns Activity Envelope and Site Plan Review (Parcel No. 2643-341-10-010)
000041
GMQS for the development of up to 5,750 squaze feet of residential floor area on any lot
or parcel that was legally created prior to June 12, 1978. This exemption may be used to
develop one single-family dwelling unit and accessory structures, and existing structures
may be replaced as long as the requirements of Section 6-30-110(c) aze met. If there is
already an existing dwelling unit, an additional dwelling unit of density may not be
created.
Since this lot was created in 1977 as part of the White Horse Springs Ranch Lots
and Tracts, the development of asingle-family home on this pazcel is eligible for a
GMQS exemption. This proposal will not create an additional dwelling unit of density as
the existing dwelling unit will be remodeled for use as a detached CDU. Furthermore, the
requirements of Section 6-30-110(c), regazding the replacement of the residential floor
azea, will be met.
The applicant is also seeking a GMQS exemption for the detached CDU pursuant
to Section 6-30-40(c) of the Code, which states that "One (1) Caretaker Dwelling Unit
("CDU') may be exempted from Growth Management on any lot or parcel located in a
zone district in which a CDU is an allowed use, a use allowed by special review, or a use
allowed as part of a master plan, as shown in Table 4-1. The CDU may be either
attached to a single family dwelling unit ('principal dwelling') or other use or may be
detached from the principal dwelling or other allox~d use if it complies with the
standards in Sec. 4-30-50(e). "
The proposed detached CDU is located in the AR-10 zone district and, as
mentioned above, is allowed by special review. The CDU will comply with the standards
of Section 4-30-50(c) through (g) as follows: the CDU will not exceed one thousand
(1,000) net livable square feet; the floor azea of the caretaker unit will be included in the
total allowed floor azea for the lot or parcel of land; at least one (1) off-street pazking
space will be provided for the CDU; the applicant will deed restrict the CDU in a manner
which makes clear that it will not be required to be rented, will not be sold or otherwise
conveyed or separated from the original pazcel, and will be limited to occupancy by not
more than two (2) adults, and related children, who have been found by the Housing
Office to qualify as employees of the community or members of the owner's immediate
family, even though they may not qualify as employees of the community; the CDU will
be rented for terms not less than six (6) months if rented; and the CDU restriction maybe
removed by the property owner upon approval of the Community Development Director,
subject to the requirement that the dwelling be removed or modified. In a manner that
renders the unit incapable of occupancy as a dwelling unit.
TDR may provide an exemption from GMQS ifthey comply with the standards of
Section 6-30-50 of the Code. Additional floor area (up to the maximum permitted by
Table 5-1) on lots or parcels in the Rural Area may be exempted from GMQS through the
use of TDR. Accordingly, this application requests approval to use the growth
management incentive for development utilizing two (2) TDR for a combined total of
5,000 squaze feet of additional floor area. Such an approval requires a finding of
Neiman/Bums Activity Envelope and Site Plan Review (Parcel No. 2643-341-10-010)
~~~0~~
consistency with both the criteria for the use of TDR (Section 6-70-40(b), addressed
above) and the criteria for special review (Section 2-30-30(h)(2), addressed above).
In summary, Code Sections 6-30-100(a), 6-30-110(c)&(d), 6-30-50(b), and 6-30-
40(c) combine to allow for all facets of the proposed development as GMQS exemptions.
Nevnan/Bums Activity Envelope and Site Plan Review (Pazcel No. 2643-341-10-010)
000043
EXHIBITS
Exhibit 1: Proof of Ownership
Exhibit 2: Letter of Authorization for Haas Land Planning, LLC to
Represent the Applicant
Exhibit 3: Pre-Application Conference Summary
Exhibit 4: Wildfire Hazard Review by David R. W. Hoefer
Exhibit 5: Engineering Report by Red Mountain Civil
Exhibit 6: Executed Agreement to Pay Form
Exhibit 7: Adjacent Property Owners' Mailing Addresses of Record
PID No. 2643-341-10-010
~~~~~~
I'uIII I' I 535060
I~NIII80I~~IIII HIIII~IIIIIII~III~IIIIIIII~IIIIIIII.00 3n0SD2374 75 3lF
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WARRANTY DEED
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000095
THIS DEED, made thisMarch I , 2007,
berivicen New Age Family Partnership, LTD
v~~ ,
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,J . ~~U d'/lo%
whose legal address is , , ~ s~ ~/~ /~ t~/~~` ~E ~ ~1~ • ~~b~~ ~
of the County of Pitkin and State of Colorado,
grantor(s), and Susan L. Burns
of the County of Pitkin and State of Colorado, grantees:
WITNESS, that [he grantor(s), for and in consideretion of the sum of Three Million Seven Hundred Forty
Seven Thousand Five Hundred and 00/100 Dollars (53,747,500.00), the receipt and sufficiency of which is
hereby acknowledged, has granted, bargained, sold end conveyed, and-by these presents does Brent, bargain, sell,
convey and confirm unto the grantees, their heirs and assigns fixever, not in tenancy in common but in joint
tenancy, all the real property, together with improvements, if any, situate, lying and being in the County of Pitkin
and Slate of Colorado, described as follows:
A tract of land situated in Lots 11, 12 and 22 0(Seclion No. 34, Township 9 South, Range 85 West of the
Sixth Principal Meridian, lying Southerly of the Center Line of a 30 foot road easement and Northerly of the
Van Clcevc Placer (United States Mineral Survey No. 6832) described as follows:
Beginning at a point on [he Northerly line at said Placer Between Corners No. 23 amt 24 of said Placer
whence the Quarter corner common to Sections 34 and 35 of Bald Township and Range beers South 48° 59'
00" East 1186.48 feet; thence North 45° 00' 00" West 277.09 feet along the Northerly Llne of Said Placer;
thence North 02° 02' 00" West 134.00 feet to the Norfh West corner of Said Lot 22; thence South 89° 47' 011"
West 128.92 feet along the Southerly Line of Seid Lot l1 to a point on the Northerly Line of Said Placer;
thence North 4.4° 00' 00" West 161.00 feet along the Northerly Line of said Placer; thence North 73° 17' 00"
Fast 417.02 feet to a point in the center of said road easement; thence South 65° 10' 00" East 250.IN1 feet
along [he center line of said road easement; thence 198.88 feet along the arc of a curve to the left having a
radius of 771.72 feet, the chord of which beats South 72° 33' 011" East 198.35 feet; thence South 42° 57' 45"
West 544.89 feet to a point on the Northerly line of said Placer, the point of beginning, Pitkin County,
Colorado.
Also Known as Lot 7, Block I, White Horse Springs Subdivision.
also known by street and number as: 2600 McClain Flats Road, Aspen, CO 8161 I
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appwrtaining, and•therevcraimrand reversions,-Temahulerand rernalnders,-ren[s;Yssues sad profitfi~theFeot-amd alt
the estate, right, title, interest, claim and demand whatsoover of the grantor(s), either in law or equity, of, in and to
the above bargained premises, with [he hereditamenis and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto rite
grantees, their heirs and assigns forever. The grantor(s), for himself, his heirs, and personal representatives, does
covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that of the time of the ensealing
and delivery of these presents, he is well seized of [he premises above wnveyed, has good, sure, perfect, absolute
and indcfeasiblc estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to
grant, bargain, sell and convey the same in roamer and form as aforesaid, and that the satne arc free and clear from
alt former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever
kind or nature soever, except those set forth in Exhibit "A" attached hereto and made a pert of.
The grantor(s) shall and wilt WARRANT AND FOREVER DEF1iND the above-bargained premises in the quiet
and peaceable possession of the grantees, their heirs and assigns, against ell and every person or persons lawfully
claiming the whole or any part thereof.
The singular [[umber shall include the plural, the plural the singular, and the use of any gender shall be applicable
to all genders.
tN WITNESS WHEREOF, the gren[or has executed this deed nn the date set forth above.
New Age..Family Parmership, LTD
/~
~ ~.~it~~
~Peuline D. Sisul, General Pa ner
br ..,~,.........,~~,.., .,.,~...,.. ...
STATE OF COLORADO }
COllNTYOF Pitkin } ,.~rp'CP`Rl
The foregoing instrument was acknowledged before me this March 1, 20D7, by New . ;.duly Party
LTDBy Pauline D. Sisal, General Partner .
My Commission expires: ~ -I 1-(~~ Witness my hand and o iaF.seal.
!io\ ~
000046
535060
TRANSFER DECLARATION RECEIVED 03!05/2001
Exhibit "A"
1. Taxes for the year 2007 and all subsequent years.
2. Easements, rights of way and other matters as set forth on the Plat of Whitehorse Springs
recorded February 4, 1964 in Book 2 at Page 309, Plat recorded February 2, 1977 in
Book 5 at Page 66.
3. Reservations contained in the patent from the United States of America, recorded
in Book 55 at Page 529, in Book 55 at Page 540, and in Book 55 at Page 211.
4. Terms, conditions, obligations and provisions as contained in Water and Sanitation Order
and Decree recorded January 22, 1965 as Reception No. 119797.
5. Terms, conditions, obligations and provisions as contained in Trench Agreement recorded
May 20, 1991 in Book 646 at Page 604 as Reception No. 332782.
Note: Standard Exceptions 1-4 will be Insured over on the Final policy with Endorsement
130
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~IIIII~II 5350fi0 ez.31r
JRNlCE K VOS CRUDILL PITKlN COUNTY CO R 11.00 D 374.76
EX~
Susan Burns & John Neiman
257 Glen Eagles Drive
Aspen, Co. 81611
October 1 ~ 2007
Mike tiraemer
Aspen Pitkin County Com~menity Development
730 South Galena Street
,9spen, Co. 81611
RE: Authorization to Submit a Lmed Use Application for dee Burns/
Neiman property at 2660 McClain Flats Road (also known as
Lot 7, Block 1, White Horse Springs Subdivision).
Dear Mike,
As ow~rers of the above referenced property, we nuthnrize Mitch Haas, AICP,
of Haas Land Planning, LLC, to submit a land use application on our behalf
and to represent us to the land use review process. Should you have any
questions, pfease call Mitch Haas at 925-7879, fax 925-7395, or email
at mhaas~'a~sooris.net. Or you may call us a 970-618-4128, email foxcomsj@
msn.com.
Sincere(v,
Susan Burns
-._. _ r~~%_ 7 -_
Jo etman
000048
EXH1811`
-~
PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY
PROJECT: site preparation, landscaping, and CDU
LOCATION: 2600 McLain Flats Road PIDl/ 2643-341-10-010
ZONING: AR-10 SIZE: 5.01 acres
OWNERS: John Neiman
REPRESENTATIVE: Self PHONE snd EMA1L: 618.4128
foxcotnsj(g,msn.com
DATE: August 1 S, 2007 PLANNER: Mike Kraemer, 920.5482
Type of Application: Agivity Envelope, Site Plan, and Special Review for a CDU.
Description of ProjectlDeveiopment The Applicant is requesting approval of an Activity Envelope and Site Plan with vested
nr;hts to conduct site preparation for a fuhtre residence and remove existing vegetation for a gra~g arcs with laadsc~ing.
Sptxtia! review is also requested for a CDU.
~Proofef water of rtdaltuue water for an additional dwelling trnrst be provided with this application'
Land Uee Code Sections to be addressed in letter ot'requeat taonl'tcalion)•
Sec. 2-30-20(g): Agivity Envelope Ctiteaia for Approval;
Sec. 7-10-50: Activiry Envelope and Sitc Plan;
Sec. 7-20-20: Steep and Potentially Unsmble 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 Hated Mapped Medium Wildfire Hazard Area;
Soc. 7-20-70: Wildlife Habitat - area not mappod however shook! be field verified
Sec. 7-20-120(d): Standanl4 for Scertic View Protection Areas;
Sec. 2-30.30(h): Otte-Step Specaal Review Criteria for TDR Receiver Site;
Sec. 4-30-50(ex1 x2): Caretaker Dwelling Unit
Sec. 6-30-40.c, GMQS Exemption for CDCI
Sac. 2-40.20(f): Addititmal Spectral Review Pro~x]ures for CDU's
Staffwr7l Hafer the appScation to the following agencies: CROW, Aspen Fire District and EH/NR
Review by: Community Development Director
Public Hewing: No. However, the Applicant shelf post a public notice sign on the property at least IS days prior to the
date specified for the Administrative Decision pursuant to Sec. 2-20-100(ax3) of the Land Use Code. Ili addition, Nte
Applicant shalt mail notice (by certified mail) to all adjacent proptxty owners and mineral estate owners with the return
address ofthe Community Developrrtertt Deparhnent (form of notice to be obtained from the Commuttity Development
Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more
Ntatr 60 days prior to dre date of the public hearittg. A property owner receivitrg Ute public uotice shall have 2 weeks from
the date the notice was postmarked to submit cotnments or objections to the Community Development Department:
FEES: 53,324 (make check payable to "Firkin Courny Treasruer
Planning Office flat fee: 52,772(nomrelimdable; based on t 2 hours of naff time; if staff review time exceeds 14.4 hours, the
Applicant will be charged for additional time above 12 hours a[ a rate of 52311hour)
ct Public Notice Pee' $SO
'1'o apply, submit 4 co of the following information, unless noted otherwise:
oO~~X
Summary letter explaining the request, providing backgound on prior approvals mmd pemuts, and addressing compliance
wi[h the Code sections listed above.
1. Documentation on how the parcel was created;
2. Certificate ofnon-merger;
3. 24" by 36" and 11"by 1 T Agivity Envelops and Site Pian as designated inSecfion 2:1.1, 2. i. t2, and 21.3 of the
Pitkin County Land Use Application Manual;
4. Scenic V iew Protection Exhibits as designated in Section 2.1.12 and Section 2.1.3 of the Pitlcin County Land Use
Application "IVfanual;
5. Pieviousl,andllseAppmvals(ifapplicable);
b. Proof of ownership of subject property;
7. Parcel description, including legal description and vicinity map;
8. Tote! fee for review of the application;
9. Signed fee agreement (1 copy);
10. Consent from owner(s) m process application and authotiarrg the representative (l cap)')
1 L .List afall adjaceatProperty owrxxs and tninera! estate o~s~ners (1 cop)')
12. Copies of this pro~app form
.'Vf)TES:
- PLG4SESUBA~TONB(INBUUNDANDONE-S(DGDCUFYOFYOURCOMF'LETEAPFI1Cs4170N.PLLASCSUBMITTR'O-
SIDEDC'OPIESOFALLRFMAIiVINCiCOPlESOFYOCIRAPPITt:ATION{IF'PnSCrnIFI. TIIEPARf'FliDsSHCliILDBE
INCLUDED ONALL LXX'(/.191MS INCLULED INYOUR APPLICATION.
Y ALI.MAPSSHAIT. RF. FOIT)FT1
- This pre-application conference summery is advisory in tw/ure and not binding on the Counry. The lnjormatiar provided in this
summary it baAed rut current zrming.ctmu&rrdssnd slaf/"s inlerpretatirnzc bawd rrprm reprecenttnirm.e of the appNcrnit
Additituxa! irjormation nwv be required upon a complete review ojthe opplication.
000050
1041 WILDFIRE HAZARD REVIEW
Prepared By
David R. W. Hoefer
Consulting Forester
For the
NeimarJBums Activity Envelope Plan
John Neiman
Pitkin Counly, Colorado
October 10, 2007
This field review was conducted at 10:30 AM October 5, 2007 by David R.W. Hoefer and
John Neiman.
SUMMARY: Wildfire Hazard determined to be Moderate.
PROPERTY DESCRIPTION
Location: The property is Lot 7 Block 1, Whitehorse Springs Subdivision, Pitkin County
Colorado. The street address is 2660 McClain Flats Road. The legal description of the
property location is approximately the NWl/4NW1/4, Sec 34, T9S, R85W 6's PM.
It is located about 4 miles NW of Aspen on the east side of the Roaring Fork River.
Elevation: Approximately 7900 feet.
Aspect: Variable but the house structure faces north.
Slope: This property straddles a ridge where part of the property drops steeply to the
southwest to the Roaring Fork River with slopes 69-70% or greater. The remained of the
property and the location of existing and proposed structures is on a north aspect with the
steeper slope being 30% and dropping to less than 10%.
Vegetative Type: The site is a sagebrush-grass
vegetative type. Shrubs are predominately big
sagebrush with occasional oakbrush,rabbitbrush
servicebeny, and chokecherry scattered thorough
out the lot. Aspen and ponderosa pine have been
planted around the existing primary dwelling.
Grasses are a mixture of native and pasture grasses
primarily smooth brome.
000051
Soil type: The soils are from glacial till and moraine material with numerous large rocks.
The soils are productive and the establishment and growing of new plants and grasses will
not be a problem.
ANAYSIS GUIDELINE.
The primary guideline in this analysis is the Colorado State University Cooperative
Extension publication No. 6.302 Cresting Wildfire-Defensible Zones by F. C. Dennis,
5/2003. The guideline focuses on two primary factors that determine a dwellings ability to
survive wildfire: the roofing material and the quality of the defensible space surrounding it.
The defensible space is broken into three management woes. Zone 1 is the area within 15
feet of the structure including decks. Zone 2 is the area that extends to 75 feet and to 125
feet or more from the structure. As the slope percent increases, the distance of defensible
space increases. Zone 3 is the remaining area to the property boundaries and is not
applicable in this analysis.
Pitkin County Land Use Code Section 3-80-070 further defines Wildfire Hazard Standards.
WILDFI1tE HAZARD
The Subdivision:
The subdivision appears to be designed to meet Wildfue Mitigation standards. Afire
hydrant is located about'/. mile east of the lot at the junction with the main McClain Flats
road. The road into the subdivision from the McClain Flats road is adequately wide and is
paved. Utilities are underground.
The Building Site:
The building is positioned to take advantage
of the slope with the dwelling having
different floor levels. Slopes in front of the
dwelling will be less than 10%. The slopes
on the sides will not create any additional fire
hazard as the dwelling will not be in a
perpendicular plane to the slope. There will
be a manicured lawn around the dwelling.
Beyond the manicured grass is the existing
native vegetation which will be left
untouched.
In the photograph above, the dwelling would be in the center-left portion of fire picture.
The existing dwelling is in the area where the green trees are located. The rddeline is in
the background beyond the shrubs that have lost leaves.
Based on the existing vegetative cover and the location of the dwelling in relation to the
slope and the fact the dwelling is more than 50 feet back finm the steep slope, I consider
the site to be a Moderate Hazard Wildfire Area. The exiting county road, the proposed
0~0~5~
driveway, the fire hydrant '/. mile away, and the lack of slope directly below or above the
dwelling lend to a low hazard rating. With burnable vegetation on the sides of the
dwelling (the eastern and western side) there is a fue risk but the threat is reduced since an
ignition source is lacking and a not enough fuel for the intensity to get high.
The south slope could pose some
problems but as shown in the picture,
fuels are broken and there is considerable
bare ground.
RECONI1~iENDATIONS:
These recommendations aze based on
those of the Colorado State Forest Service
and other Firewise agencies.
Zone 1, as described above under Analysis Guideline, consists of an area 15 feet from the
structure perimeter including decks. Within this area, all flammable vegetation is removed
and no firewood is stacked. This requirement is reduced to ten (10) feet for Pitkin County.
Zone 2 is an area extending beyond Zone 1. This includes the areas around the exiting
dwellings and the azeas beyond Zone 1 around the proposed dwelling.
Mr. Neiman has taken into consideration in his preliminary layout and design the factors
necessary to reduce fire potential. Following are general recommendations that were
discussed on the ground and are planned to occur.
Remove the dead trees around the existing dwelling and prune dead branches of the pine
trees. Consider the pine trees as a group and leave at least 15' between them and the old
dwelling. These trees are far enough away from the proposed dwelling to be a treat.
Remove and grub out dead shrubs. Breakup the continuity of sagebrush and other shrubs
by spacing clumps 2 % -3 times the shrub height. Remove the older and most decadent
live shrubs first. Grasses will invade into the openings which is okay.
Similazly, on the steep slope to the south, remove all dead material.
REQUIREMENTS OF 3-80-07Q SECTION A -2 BUII.,DING ENVELOPE AND
WILDFIRE HAZARD DELINATIONS of the Pitlan Coanty Wildfire Phw
For the purposes of this requirement the entire envelope can be shown as a moderate
hazard. The portions of the lot north of the driveway would be low hazard but the rating
is give o the of a whole.
avid R. W. Defer
Consulting Forester
000053
November 21, 2007
Mr. Mitch Haas
Haas Land Planning, Li.C
201 N. Mill Street, Suite 108
Aspen, CO 81611
Re: Engineers Report for Lot 7, Block 1, White Horse Springs Subdivision
Dear Mitch,
-~
@oAi.~~:.tnr. Lnm h:.
This letter is to present the engineering summary for the above noted lot. The applicant intends to reutilize the
existing stone house, downsizing it to a single bedroom ADU. He will also construtt a new 5-bedroom home and
a barn/art cabin adjacent to an intended horse pasture. Lot 7 is in the existing White Horse Springs subdivision
and has access via a private shared driveway off from McLain Flats Road near the Trentaz Drive intersection.
WATER -The lot has an existing service off tite White Horse Springs distribution system as pare of the
subdivision agreement. This will be expanded to serve the entire property include Eire suppression Eor the 5
bedroom home.
SEPTIC -The existing building has a functioning septic system to the southwest comer of the property. This
system will be reutilized for the remodeled and downsized stone house and the barn/art cabin. Currently it
provides disposal Eor the 46edroom stone house which will he remodeled co a 1 bedroom house. We will also
attach the bam to this .system. The barn will not have a bedroom but will have a basic small bath consisting of a
lavatory and sink. For the purposes of the calculation, we have assumed a single bedroom. The barn will not
have a specific wash bay, but the two stalls will have Floor drains. Overall this system will have less loading than
it can currently accept.
I'he new 5-bedroom house will have it's own septic system designed w current Pitkin County standards. 'Ihe
tank and field will be across Erom the main house near the center of the property with the possibility of some of
the leach field being between the main house and existing guest house, pending soil analysis. It will be
surrounded by the fenced horse pasture and the bam on the west side with the driveway on the south side for
easy access and maintenance. A 3,000 gallon tank with a dosing mechanism shall be udlized Eor even distribution
to the Infiltrator chambers.
F.LECTRICAL~[F.LEPHONE/CABLE -All these services exist along or in the private road with access risers or
transformers available. New services shall be connected and buried in the driveway corridor.
DRAINAGE -Drainage in the developable area runs primarily from southeas[ to northwest. This pattern will
continue. Depending upon existing subdivision criteria and the fact that the pasture will be improved soils and
vegetation, detention may not be required. However, the appropriate calculations shall be submitted Eor county
review whether or not detention is necessitated.
Respectfully submitted.
~/ ~~
Ri k L. Barth. P.E.
Rr~l !'.Ir~imt.uii iitil. h~~.
Sill, CO
470-876-0222
C:1D000ments antl SettingsViick BarthVMy Dowmenta107-Projed512007-33-NiemanLL-077022~ngrsRpt.AOc
000054
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PITKW COLINI'Y COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEF_S
PITI{IN coUN'I'Y (hereinafter °couNTY'~ ana Sys A~1 l3~ 215 ~a~ ~+~ ~~t v/iq~
(hereinafter "APPLJCAN'1"') AGREE AS FOLLOWS:
I. APPLICANT has submitted to COl1NTY an application for ~ C IiJ~"~•( ~NtlarLO ~ A~'Q
S f~ I~t.+°crJ ~t Et/ t E W a-~.ID S~GiA~- (haeinafter> the "PROJECT").
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 32-2002 establishes a fee
structure for ]and use applications and the payment of all processing fees is a condition precedent to a detenninatirnr of
application completeness. The fee strucUae is based on the COUNTY'S policy that development shall pay, in full, the cost
of development review in tlu COUNTY. Fees have bey set to be consistent and fair to the public and to reflect the
expense incuaed in providing such services to the public.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed PROJECT, ii
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 COiJN'1'Y agree that foes drarged for the processing of land use applications shall
acc~nrmlate if an appficarion includes more than one type of land use review.
5. COUNTY and APPLICANT farther agree that it is impracticable for COUNTY staff to complete
processing or present sufficient information W the Planning Commission and/or Board of County Commissioners to enable
the Planning Commission and/or Board of County Commissio~rs to make legally required findings for project approval,
unless carrertt billings are paid in fall prior to decision.
G. Therefore, APPLICANT agrees that in consideration of the C.OUNTY'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 S ^3~J 2~ ~
which is based on ~ 2 hortrs of staff time, and if actual time spent by staff to process the application extracts tfie average
number of horns by more than 20% then the COUNTY will bill the APPLICANT gnatterly for the additional time spent.
Such periodic payments shall be made within 30 days of the billing date: APPLICANT furdtcr agrcxs that failure to pay
such accrued costs shall be grounds for suspension of processing.
PITKIN CouNTv
Cindy Aouben
Community Development Director
(~~S~SA~- ~RtJS
By; So~{1J 'n1~tvKq-J
Print Nsme and Title (if applicable)
Date• ~0-- I g-0~7
Mailing Address: 'Z~i7 GCEtJ >~(&SPSD.
L1SPctii . Co , ~ f 6 r I
00005'
LIST OF ADJACENT OWNERS
JEFFREY R. & TERRI L. ZWART
18 CIBRIAN
TIBURON, CA 94920
PITKIN COUNTY
530 E MAIN ST #302
ASPEN, CO 81611
GRC HOLDING CO LLC
15 WEST 6TH ST #1201
TULSA, OK 74101
ANDREW V. HECHT
601 E HYMAN AVE
ASPEN, CO 81611
ANN DENVER
PO BOX 75
ASPEN, CO 81612
PID No. 2643341-10-010
00005$
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN to the general public that on April 3Q 2008, the Heazing Officer of
Pitkin County granted approval for the Neiman/Burns Activity Envelope, Site Plan, Special Review
for a Caretaker Dwelling Unit, and Special Review for TDR (Determination No. OS-2008; Case No.
P002-08 The property is located at 2600 McLain Flats Road and is legally described as Lot 7,
Block 1, White Horse Springs Subdivision. The State Pazcel Identification Number for the
property is 2643-341-10-010. This site-specific development plan grants a vested property right
pursuant to Title 24, Article 68, Colorado Revised Statutes.
s/James True
Hearing Officer
Pitkin County, Colorado
Published in the Aspen Times Weeklv, on May 25, 2008.
PUBLIC NOTICE
RE: Neiman/Burns Activity Envelope, Site Plan, Special Review for a Caretaker
Dwelling Unit, and Special Review for TDR Receiver Site (Case P002-O8)
NOTICE IS HEREBY GIVEN that a public heazing will be held on Tuesday, Mazch18,
2008 to begin at 3:00 P.M., or as soon thereafter as the conduct of business allows, at the
Pitkin County Library Meeting Room, 102 North Mill Street, Aspen, before the Pitkin
County Hearing Officer, to consider an application submitted by John Neiman and Susan
Burns (257 Glen Eagles Road, Aspen, CO 81611) and are requesting approval of an
Activity Envelope and Site Plan with vested rights to construct a new home and a
Caretaker Dwelling Unit. Establishing the property as a TDR receiver site has also been
requested. The property is located at 2600 McLain Flats Road and is legally described as
Lot 7, Block 1, White Horse Springs Subdivision. The State Pazcel Identification
Number for the property is 2643-341-10-010. 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 Mike Kraemer at (970)
920-5482.
s/James True
Pitkin County Hearing Officer
Published in The Asnen Times Weekly on February 17, 2008.
Attention Applicant/Representative:
It is your responsibility to do the following:
1. Mail this Public Notice to all adjacent property owners and mineral estate owners at least
30 days prior to the hearing with the return address of the Community Development
Department. The names and addresses shall be those on the current tax records of Pitkin
County as they appeared no more than 60 days prior to the date of the public hearing
2. Submit the Affidavit of Notice (Code Section 2-20-100) by Posting & Mailing (previously sent
to you with your applicant letter) as proof of compliance with the Code at the hearing.
3. Pick up Public Notice sign from the Pitkin County Community Development Department,
130 South Galena Street, Aspen, CO (970) 920-5526
4. Post the Public Notice sign on the property at least Sfteen days (15) prior to the hearing
5. Remove the Public Notice sign within one week after hearing date
PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
January 29, 2008
Mitch Haas
201 North Mill Street, Suite #108
Aspen, CO 81611
mhaas@sopris.net
Re: Neiman/Burns Activity Envelope, Site Plan, Special Review for a Caretaker Dwelling Unit,
and Special Review for TDR
(PID 22643-341-10-010; Case P002-08)
Deaz Mr. Haas:
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 chazge of the review will request the information from you directly.
We have scheduled this application for review at a public hearing by the Pitkin County Hearing Officer on
Tuesday, Mazch 18, 2008, at a meeting to begin at 3:00 p.m. in the Library Meeting Room, 102 North Mill
Street, Aspen, Colorado. Should this date be inconvenient for you, please contact me within 3 working days
of the date of this letter. After that the agenda date will be considered final and changes to the schedule or
tabling of the application will only be allowed for unavoidable technical problems. The Friday before the
meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at
the Planning Office. Please be aware that the Hearing Officer will be billed at $175 per hour.
Please note that it is your responsibility to post a public notice sign on the property at least 15 days prior to
the hearing (and remove it within one week after) and to mail notice to all adjacent property owners and
mineral estate owners at least 30 days prior to the hearing with the return address of the Community
Development Department (copy of notice will be mailed to you by the Community Development
Department). The names and addresses shall be those on the current tax records of Pitkin County as they
appeazed no more than 60 days prior to the date of the public hearing. Please submit the enclosed Affidavit
of Notice by Posting & Mailing as proof of compliance with the Code at the hearing.
If you have any questions, please call Mike Kraemer, the planner assigned to your case, at 920-5482.
Sincerely,
Bonnie Waechtler
Administrative Assistant
Encl: Affidavit (Code Section 2-20-100)
PITHIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920-5526 FAX (970) 920-5439
MEMORANDUM
TO: Colorado Division of Wildlife
Aspen Fire Department
Pitkin County Housing
White Horse Springs Water District
Environmental Health and Natural Resources
FROM: Mike Kraemer, Community Development Department
RE: Neiman/Burns Activity Envelope, Site Plan, Special Review for a
Caretaker Dwelling Unit, and Special Review for TDR,
(PID 2643-341-10-010, & Case P002-08)
DATE: January 29, 2008
Attached for your review and comments are materials for an application submitted by
John Neiman and Susan Burns. The Pitkin County Hearing Officer will review the
application on Tuesday, March 18, 2008.
Please return your comments to me by Friday, March 7, 2008.
PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY
DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM.
Thank you.
~~~cM~7- ~
Memo
To: Mike Kraemer
From: Ed Van Walraven, Fire Marshal
CC:
Date: February 13, 2008
Re: NeimaNl3ums
Mike,
This project shall meet all of the codes and requirements of the Aspen Fire Protection District
This includes but is not limited to Fire Department Access (International Fire Code 2003
Edition Section 503), Turning around of fire department apparatus (ff access is a dead end
and in excess of 150 feet) (IFC Section 503.2.5), approved fire sprinkler systems shall be
provided (IFC as amended Section 903), Water supply, a minimum of 20,000 gallons (IFC
Section 508), and detailed wildfire mitigation plans for both landscaping and structural
standpoints shall be submitted.
Please note confirmation of proximity of the nearest fire hydrant (1000 feet) required to
mitigate the 20,000 gallon water storage requirement
Please have the applicant contact the Fire Marshal's Office for specifications on the above
requirements.
Thank you,
Ei'~`~
~Q~~~~.~
STATE OF COLORADO ~ / ~j~}-C /~/~'r €..IT
Bill Ritter, Jr., Governor
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE
AN EQUAL OPPORTUNITY EMPLOYER
Thomas E. Remington, Director
6060 Broadway
Denver, Colorado 80216
Telephone: (303) 297-1192
wildli(e.stafe.co. us
February 9, 2008
Pitkin County Community Development
130 S, Galena
Aspen, CO 81611
RE: Neiman/Burns Activity Envelope
Dear iriike:
C
c°~'O~Oo
O
N
~JfO'~ OF ~q
For i~ildlife-
ForPeople
This parcel does not lie within any mapped big game winter range. However, there is some use of the hillside which extends down from the
homesite to the Roaring Fork River. Due to the snow depth at the time of site inspection, it could no[ be determined how much sagebrush
was present on the parcel. Sagebrush is an important native plant utilized by a variety of wildlife. Efforts should be made to maintain as
much of the sagebrush as possible. The property lies within a black bear fall concentration area and human-conflict area. There have been
significant black bear -human conflicts in this area in the past and the homeowner as well as contractor will need to take the proper
precautions [o minimize conflicts.
The parcel is a currently developed site surrounded by other existing development and disturbance. The proposed development should not
have any additional significant impacts [o wildlife. The following recommendations will help to minimize impacts to wildlife and minimize
human-wildlife conflicts:
1. maintain native vegetation outside of the building envelope. if sagebrush is removed for the homesite or horse
pasture, a like amount should be replanted
2. maintain a minimum 20'setback from the top of slope to the home or any lawn improvement. This area should be
maintained in native vegetation
3. implement measures outlined under section 7-20-70 of the land use code, especially those sections regarding beazs.
4. round handled door knobs should be used for all outside doors instead of lever handles in order to minimize a bear's
ability to gain entry.
5. contractors/constmction workers aze required to have a bear proof container for all edible and food related trash.
This has been a major noncompliance problem leading to increased human-bear conflicts and habituation of bears
to human related foods.
6. landscape plan has several aspen trees in close proximity to the new home. Trees should be planted far enough
away from the home so they do not become avenues for bears to reach upper level decks and windows.
7. all horse hay should be fenced with 8' mesh game proof fencing to minimize game damage problems as well as an
attractant for big game to cross McClain Flats Road
Thank you for the opportunity to comment If you have any questions, please call DWM Kevin Wright at 947-2920.
Sincerely,
/~11
Area Wil anager
Cc: R. Velarde, K. Wright, file
DEPARTMENT OF NATURAL RESOURCES, Hams D. Sherman, Executive Director
WILDLIFE COMMISSION, Tom Burke, Chair • Claire O'Neal, Vice Chair. Robert Bray, Secretary
O O Q 0 i ~ Members, Dennis Buechler • Brad Coors • Jeffrey Crawford • Tim Glenn • Roy McAnally • Richard Ray
Ex Officio Members, Hams Sherman and John Stulp
~}-~~~.~n~E~vT D
MEMORANDUM
To: Michael Kraemer, Planning Department
From: Carla Ostberg, Environmental Health & Natural Resources
Department
Date: March 10, 2008
Re: Neiman/Burns Activity Envelope, Site Plan, Special Review for a
Caretaker Dwelling Unit, and Special Review for TDR (PID 2643-341-
00-010, Case P002-08)
SUMMARY OF RELEVANT PARTS OF APPLICATION: The applicant is requesting approval
for an Activity Envelope and Site Plan review for a new residence, the renovation of the existing
residence into a CDU, and atwo-stall barn, a paddock, and a horse pasture.
DISCUSSION: The Pitkin County Environmental Health & Natural Resources Department has
reviewed the details of the Neiman/Burns application under the authority of the Pitkin County
Land Use Code and the Pitkin County Onsite Wastewater Treatment System (OWTSI
Regulation and has the following comments.
On March 5, 2008, Carla Ostberg and Mike Kraemer of the Pitkin County Community
Development Department and Mitch Haas, representative of the applicant, conducted a site visit
to the property. The site was snow-covered at the time of the visit.
--- WATER SUPPLY:
The application indicates that water is provided for the existing home from the White Horse
Springs water distribution system as part of the subdivision agreement. The service will be
expanded to serve future development on the property.
In connection with any OWTS Construction Permit for the property, this Department will
require a letter from the White Horse Springs Water District confirming they have
sufficient water to supply the development and have agreed to do so.
--- SEWAGE TREATMENT AND COLLECTION:
The existing septic system on the property was originally permitted in 1972 and our records
show the system consists of a 1000 gallon fiberglass tank and 900 square feet of absorption
area to accommodate four bedrooms. A drawing was provided to show approximate locations
of the tank and absorption field. The application indicates a desire to use this existing system
to serve the existing residence which will be remodeled into a one bedroom CDU and a new
barn with a sink and toilet.
P.~nled on FeryJed Paper
~~~~2~
If the applicant intends to use this existing system, it must be evaluated by a
Professional Engineer. The system must comply with sizing criteria outlined in the
County's OWTS regulations. Documentation of this evaluation must be provided to the
Environmental Health and Natural Resources Department prior to issuance of any
Building Permits on the property.
The proposed main house on the property will be served by a new OWTS. The location of this
proposed OWTS is in the current location of an existing (partially underground) garage. When
the garage is demolished and removed, it will result in significant disturbance to the native soils.
Any replacement fill must be reevaluated to determine feasibility of an absorption area in this
location, as well as appropriate sizing of the system.
All OWTSs installed within Pitkin County require OWTS Construction Permits issued by the
Environmental Health & Natural Resources Department, and must comply with the County's
OWTS regulations, effective March 8, 2008. The County cannot issue a Building Permit until
an OWTS Construction Permit has been obtained, or the exiting system has been
assessed as suitable to serve the proposed development.
z
Itinletl on Rerycled Pager
~~~~u3
~i~-c r} 1'1'1 LN?- F`
MEMORANDUM
TO: Mike Kraemer, Community Development Departrnent
FROM: Cindy Christensen, Housing Office
DATE: February 6, 2008
RE: NeimanBums Activity Envelope, Special Review for CDU
Parcel ID No. 2643-341-10-010; P002-08
ISSUE: The applicant is seeking approval for an activity envelope, site plan review for a new
residence, renovation of an existing residence into aCDU, atwo-stall bam and a horse pasture.
Mitigation Requirement:
According to Ordinance No. 023-2005, Adopfing a Revised Employee Housing Impact Fee
Schedule and Repealing Existing Provisions of Hie Land Use Code Relating to Affordable
Housing Mitigation or Impact Fees, residential structures 5,750 squaze feet or less are not required
to pay an impact fee. The applicant is proposing to have three stmctures -residence at 7,750
square feet of floor azea, a 1,000 square foot CDU, and the balance in a barn.
CARETAKER DWELLING UNIT: According to Section 4-30-50(e)(1), Caretaker Dwelling
Units, in the RS-160, RS-35, RS-30, AR-10, AR-2, R-30, R-15, R-15A and R-6 zone districts, a
CDU is a permitted accessory use provided that:
1. It is attached to asingle-family home.
2. The lot or parcel on which it is located conforms to the minimum lot area requirements for
each dwelling in the zone district in which the caretaker dwelling unit is located.
3. The caretaker dwelling unit shall not exceed 1000 net livable square feet on lots or parcels
that aze 30,000 squaze feet or greater in lot azea, and 700 net livable square feet on lots or
parcels that are less than 30,000 square feet in lot azea.
4. The floor area of the cazetaker unit shall be included in the total allowed floor area for the
lot or parcel of land.
5. One off-street parking space shall be provided for each cazetaker dwelling unit
6. The applicant shall, by deed restriction or other permanent commitment running with the
land, guazantee that the cazetaker unit shall not be required to be rented; not be sold or
otherwise conveyed or sepazated from the original pazcel regazdless of the ultimate form of
ownership of the caretaker unit; be limited to occupancy by not more than two adults and
related children, who qualify as (and have been found by the Housing Authority to be)
employees of the community under such guidelines as may be from time to time established
000024
by said authority; be rented for terms not less than six months if rented. The cazetaker
dwelling unit may be occupied by members of the immediate family even though they may
not qualify as employees of the community. "Immediate family" shall mean a person
related by blood or marriage who is a first cousin (or closer relative) and his or her children.
7. The caretaker dwelling unit restriction may be removed by the properly owner upon
approval of the Community Development Director, subject to the requirement that the
dwelling is removed or modified. If modified, the remaining improvements must no longer
be capable of occupancy as a dwelling unit and must meet otherwise applicable Code
requirements.
8. The provisions of this regulation are for the purpose of providing a voluntary cazetaker
dwelling unit on a legally created lot or parcel in the County. Any unit approved under this
provision shall not be used for mitigation of employee housing requirements as established
elsewhere in the Land Use Code.
Section 4-30-SOe(2), states that a CDU located in the LIR-35, VR, B-2, VC, P-1 or T zone district,
or located on a lot or pazcel that does not meet the minimum lot azea requirements for each
dwelling unit in the zone district where it is located, or is detached from the principal single-family
dwelling on the lot or parcel, shall require approval through the Special Review process stated in
Chapter 2 of the Land Use Code and meet the requirements of paragraphs 3 through 7 above.
RECOMMENDATION: If approved, an employee housing impact would be required. For the
CDU, Staff recommends approval of this request under the following conditions:
1. Conditions 3 through 6 stated above are met.
2. The kitchen contains at a minimum a two-burner stove with oven, standazd sink, and a
refrigerator plus freezer. The oven must be able to bake and broil and be at least 5 cubic
feet; the sink must measure at least 14"WX16"DX5.25"H; refrigerator must be at least 5.3
cubic feet and include at least a .73 cubic foot freezer.
3. A copy of the floor plans for the proposed caretaker dwelling unit shall be provided prior to
building permit approval.
4. A deed restriction shall be recorded prior to issuance of a building permit.
5. Upon completion of the unit, but prior to Certificate of Occupancy, staff may conduct an
inspection of the unit for compliance.
2
~~~~~~
County of Pitkin } AFFIDAVIT OF NOTICE &
} ss. MAILING PURSUANT TO
State of Colorado } PITKIN COUNTY LAND USE
_ . i CODE SECTION 2-20-100
I, ~' 1 ~ 1.V1~ ~, ~~ ,being or representing an
Applicant to the Pitkin County Development Permit, personally certify that I have complied with the
public notice requirements pursuant to Section 2-20-100 of the Pitkin County Land Use Regulations in
the following manner:
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 tc~,all own rs of property adjacent to the subject property, as
indicated on the a to lied list, on the ~ ay of , 200~(which is ~ days prior to the public
hearing date of da .The names and addresses of the adjacent property owners shall be those
on the current to r cords of Pitkin County as they appeared no more than 60 days prior to the public
hearing.
2. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at
~l ~ least 30 days prior to the public hearing to the owner(s) of the mineral estate underneath the subject
property, as indicated on the attached list, on the day of , 200_ (which is days prior
to the public heating date of ~. The names and addresses of the mineral estate owners shall
be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to
the public hearing.
3. By posting a sign in a conspicuous lace on the subject property (as it could be seen from the nearest
public way) on the -day of , 200 which is t least fifteen (15) days prior to the
public hearing. A photograph of the posted sign is attache e o.
W~
o N>~i~
Applican 's name Signature
__ _ __
Signed before me this~day of
200~y
NATALUA F.
WITNESS MY HAND AND
My co~nissian_e~pires:
Notary
_.
Notary Pub 'c's i ~ture
~~ -~.
~~.:
_.;
PUBLIC NOTICE
RE: NeimanBurns Activity Envelope, Site Plan, Special Review for a Caretaker
Dwelling Unit, and Special Review for TDR Receiver Site (Case P002-08)
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, Marchl8,
2008 to begin at 3:00 P.M., or as soon thereafter as the conduct ofbusiness allows, at the
Pitkin County Library Meeting Room, 102 North MIll Street, Aspen, before the Pitkin
County Hearing Officer, to consider an application submitted by John Neiman and Susan
Burns (257 Glen Eagles Road, Aspen, CO 81611) requesting approval of an Activity
Envelope and Site Plan with vested rights to construct a new home and a Caretaker
Dwelling Unit. Establishing the property as a TDR receiver site has also been requested.
The property is located at 2600 McLain Flats Road and is legally described as Lot 7,
Block 1, White Horse Springs Subdivision. The State Parcel Identification Number for
the property is 2643-341-10-010. 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 Mike Kraemer at (970) 920-5482.
s/James True
Pitkin County Hearing Officer
Published in The Aspen Times Weekly on February 17, 2008.
Attention Applicant/Representative:
It is your responsibility to do the following:
1. Mail this Public Notice to all adjacent property owners and mineral estate owners at least 30
days prior to the hearing with the return address of the Community Development
Department. The names and addresses shall be those on the current tax records of Pitkin
County as they appeared no more than 60 days prior to the date of the public hearing
2. SubmR the Affidavit of Notice (Code Section 2-20-100) by Posting & Mailing (previously sent to
you with your applicant letter) as proof of compliance with the Code at the hearing.
3. Pick up Public Notice sign from the Pitkin County Community Development Department, 130
South Galena Street, Aspen, CO (970) 920-5526
4. Post the Public Notice sign on the property at least fifteen days (15) prior to the hearing
5. Remove the Public Notice sign within one week after hearing date
~~
Page 1 of 2
Michael Kraemer
From: Mitch Haas [mhaas@sopris.net]
Sent: Thursday, April 03, 2008 6:32 PM
To: Michael Kraemer
Subject: Neiman
Dear Mike:
I just talked at length with John Neiman and we have the following additional concessions to
offer:
. John will drop the finished floor elevation on the upper part of the house from 7908' to
7907', effectively lowering the ridge height of the roof by 1'.
John will change the roof pitch on the same upper part of the house from an 8/12 pitch to
a 7/12 pitch, effectively lowering the ridge height of the roof by another 1' or so.
The result of these two changes, in conjunction with the significant plan revisions previously
submitted, is another 2' drop in the height of the uppermost portion of the house (the portion
you have been concerned with). This will leave only 10' or less of the roof form visible from
Highway 82, which is nearly half a mile away and supplies views while traveling at speeds of
50+ miles per hour. I want to stress that only roof (no windows) would be visible and that the
roof will be of earth-tone color. The overall and effective visual impact will be negligible at
worst, especially when considered relative to the existing conditions of immediately
surrounding structures on both sides and above the proposed house. Furthermore, the
provided and revised landscape plan includes planting of trees (4 spruce and 1 aspen)
between the hot tub and the house; at the location of these plantings, 15' tall trees will greatly if
not completely obscure the 10' or less of earth-tone roof that would otherwise be visible from
the limited and fleeting Highway 82 perspective. Finally, these and the previously submitted
plan changes do not in any way increase visual impacts from McLain Flats Road.
Jim True ended our initial hearing saying that he did not think that we were very far apart at all
on this. John has come a lot more than half way. We hope and feel that it would be more than
reasonable for you to find that this revised proposal provides a perfectly acceptable balance
between the concerns associated with the scenic review corridors of Highway 82 and McLain
Flats Road.
4/4/2008
Page 2 of 2
Yours truly,
Mitch
11i[ch Haas, .4ICP
Haas Land Planning. LLC
2UI N. Mill Street, Suite 111R
Aspen, CO 81611
Phone: (970)925-7819
Fas: (Y70) 9217395
Email: mhaxslw~s~ opris,uM
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4/4/2008
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C~UNITY DEVELpPMENT DEPART~IT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526
Pitkia County
Land Uae: ~Vf\
172 Board of Adjustment v ~ .- ~ s
159 County Land Use Code
174 Flat Fee __
162 Zoning and Sign _
169 Public Notice+
160 Planning Enforcement
175 Hearing Officer
Referral Fees:
I 210 Airport
LUCOl County Clerk
193 County Engineer
194 Environmental Health ~j'~~ --
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 Marsha]
158 BFD Fire Marshal
Other Feea:
] 55 Use Tax
165 Copy
PZ005 Master Plan Copy
185 Pazk Dedication
IS GIS Requirements
161 Housing Impact Fee
B1200 B. E. S.T. Test
B 1202 Road Impact Fee
B 1203 School Impact Fee
B1212 Code Books
EH025 Air Quality Impact Fee
Other ------~
TOTAL ~~
NAME: F G~k ~ c, .., G'/~ ~ `L,r) S
ADDRESS/PROJECT.
PHONE. C
CHECtcx ~/_ r .._ _ .
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.. INITIAL: ~ '
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526
Pitkin County
Land Use:
172 Board ofAdjustmeni
159 County Land Use Code
174 Flat Fee
162 Zoning and Sign
169 Public Notice+
160 Planning Enforcement
175 Hearing Officer
Referral Fees:
210 Airport
LUCOl 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 Mazshal
158 _
BFD Fire Marshal
_
Otter Fees:
155 Use Tax
165 Copy
PZ005 Master Plan Copy
185 Park Dedication
IS _
GIS Requirements
161 _
Housing Impact Fee
B1200 _
B.E. S.T. Test
B1202 Road Impact Fee
B1203 _
School Impact Fee
B1212 _
Code Books
EH025 Air Qualiiy Impact Fee
Other
TOTAL,
(.2 D
ADDRESS/PROJECT:
PHONE: ~-
CHECK# ~~ ~ ~Q
CASE/PE IT#:
DATE: ~ ~ ~ ~ . -
INITIAL: ,~^r~:.. ....
~~~
PITKIN COUNTY COMMUNITY DEVELOPMENT
Permit Receipt
RECEIPT NUMBER 00028241
Name: Wagner Properties LLC Date:9/11/2009
Project Address: 2600 MCLAIN FLATS RD
Type:
check # 2082
Permit Number
0002.2008. PLAN
Fee Description
PP-Hearing Officer Fee 1
Total:
Amount
455.00
455.00
PECLPTIONY: 350655 0'!/01/BOOB at p9: SO:1B AM, 1 OF 1, R 911.00
Janie ]!. Val G~Qill~ Pitkin Cwnty~ CO PLAT HR B'i PO 66
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