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Home My WebLink AboutLand Use Case.600 Smuggler Mountain Rd.A109-99R6 \ 2737-074-00-042 A109-99R 9'M.C\:fle.f 'Viou\Kto; 9\Â· r,6 Stanger Subdivision County Reffrral j bL tin, vu-3 -2 ~2-7- j S .,1 PARCEL ID:|2737-074-00042 - DATE RdVE]11/29/99 # COPiat[-7- CASE NO|Al 09* 99Â£4 Ir CASE NAME: Stanger Subdivision County Referral PLNR:~ PROJ ADDR:| ' CASE TYP:~County Referral STEPS:~ OWN/APP: Klien- Zimet Professi ADR~201 N. Mill St., #203 ~ C/S/Z: 1Aspen/ CO/81611 PHN:~925-8700 REP:~ ADR:1 C/S/Z:i PHNi FEES DUE:1 FEES RCVDi STAT: F- REFERRALS~ REF:| BYI DUE:| r , MTG DATE REV BODY PH NOTICED . + Â· - -i.. 4.1 .. - I DATE OF FINAL ACTION:| CITY COUNCIL: REMARKS~ PZ: BOA: CLOSED: 1/// *C , BY: 1.3 L tv~J~ DRAC: PLAT SUBMIT6: 1 PLAT (BK,PG): ADMIN: ~ef-u F,loC~ CODÂ·<641 40,~ Pitkin County Board of County Commissioners Pitkin County Growth Management Commission THE CITY OF ASPEN 530 E. Main OFFICE OF THE M.AYOR Aspen, CO 81611 January 10,2000 RE: Stanger Subdivision, Parcel Identification Number 2737-074-00-042 Dear Commissioners: The Aspen City Council is writing to recommend that the Pitkin County Board of County Commissioners deny granting development rights for the proposed Stanger Subdivision, Parcel Identification Number 2737-074-00-042. Mr. Robert A. Stanger and his representatives submitted an application for Conceptual Metro Residential Growth Management Quota System (GMQS). Subdivision. 1041 Hazard Review, Special Review. and GMQS Exemption for a Dwelling Unit Deed Restricted to Affordable Housing Price. Income and Occupancy Guidelines Outside the Affordable Housing Zone District for the subject property. City Council recommends denial for the following reasons: 1. The proposed development does not comply with the 1993 Aspen Area Community Plan (AACP) or the Draft AACP 1998 Update. Open Space The 1993 AACP is exceptionally clear in its vision for Smuggler Mountain as an open space and recreation area for the community. as stated on page 46 of the plan: It is the position of the Open Space Committee that Smuggler Mountain be purchased as open space and a recreatioft areafor the community. Wefeel that it is one of the highest priorities the City and County should have relative to recreation, access to public lands and visual character. Smuggler Mountain is the last remaining undeveloped mountain side as seen from the gondola. It has increasingly become one of the highest used recreation areas of our community. Smuggler mountain also provides access to the USFS public lands. 130 SOUTH G,ALENA STREET Â· ASPEN, COLORADO 81611-1975 PHONE 970.920.5199 Â· FAx 970.920.5119 Printed on Recycled Paper 42 7.-43. 6.: r 3.- " n We are not opposed to housing on the lower portions Of Smuggler Mountain with development no higher than the existing level of development (excluding the Cooper housing located higher on the side of the mountain.). In addition, both the 1993 and 1998 draft plans include the following action statement: If the opportunity arises, acquire properties on Smuggler Mountainfor public open space. Aspen Community Growth Boundary It should also be noted that the development would be located outside o f the proposed Aspen Community Growth Boundary. The Draft Aspen Area Community Plan 1998 Update states that the boundary is intended to help preserve open space, discourage urban sprawl and manage the transportation impacts of new developments. In order to make the boundary effective, the County may need to lower acceptable density levels in the unincorporated areas, and the city will need to pursue infill in existing neighborhoods. The Community Growth Boundary would also serve as the base of afuture annexation agreement between the City and County and require intergovernmental coordination for any development approvals in the joint planning area. Transportation The property's location along side the steep Smuggler Mountain Road will likely increase the use of automobiles. particularly on Smuggler Mountain road. The proposed project is located at an elevation of approximately 8350 feet - - approximately a 350 foot elevation increase from the bus stop located at the bottom of the road. Residents are not likely to walk to the bus stop or town because o f the steep road, and particularly not during inclement weather on a steep, slippery road downhill in winter or uphill during summer heat. The applicant contends that the provision of a trail easement along Smuggler Mountain Road will help increase the number of available transportation choices, but the applicant is not proposing to develop and maintain the trail. The proposed trail easement is located mainly on slopes of approximately 40% or greater. The trail development and maintenance costs would likely be a significant financial drain on the County' s budget. Consequently, residents willlikely drive to and from work and to town for shopping because of the road's steep slope, or at the least to the bus stop (which is not a park-and-ride facility). The result will be increased safety hazards for persons recreating on Smuggler Mountain Road, increased air pollution, and a more congested downtown core. 2. The proposed site is mapped severe wildfire, and the Pitkin County Land Use Code requires the denial of development applications on sites exposed to this natural hazard. The mitigation required for this hazard is clearing of serviceberry and gamble oak trees which have a high fuel content for wildfires. In addition, the proposed development envelope. not to be confused with the proposed building envelope, may include utility installations, fences, ponds, irrigation structures and facilities. and private trails. Re-vegetating Smuggler Mountain's steep, south facing slope in the development envelope and mitigation areas will consequently result in significant scars highly visible from town and increased potential for erosion. 3. City Council recognizes that the project is subject to Pitkin County's 1041 Hazard Review, but believes it is also important to notify County Commissioners that the project would not likely meet the City's Development in Environmentally Sensitive Areas (ESA) standards if it were located in Aspen. The purpose of the ESA standards is to identify areas within the City that are o f particular ecological. environmental, architectural or scenic significance. In this case, the City does not believe the proposed development meets the following standards for development above 8,040 feet, referred to the 8040 Greenline Standards: 1. The parcel on which the proposed development is to be located is suitable for development considering its slope, ground stability characteristics, including mine subsidence and the possibility of mud flow, rockfalls and avalanche dangers: If the parcel is found to contain hazardous or toxic soils, the applicant shall stabilize and re-vegetate the soils, or, where necessarv, cause them to be removed from the site to a location acceptable to the city. 2. The proposed development does not have a significant adverse affect on the natural watershed, runoff, drainage, soil erosion or have consequent effects on water pollution. 3. Any grading will minimize, to the extent practicable, disturbance to the terrain, vegetation and natural landfeatures. 4. Building height and bulk will be minimized and the structure will be designed to blend into the open character Ofthe mountain. 5. Adequate roads are available to serve the proposed development, and said roads can be properly maintained. 6. Adequate ingress and egress is available to the proposed development so as to ensure adequate access forfire protection and snow removal equipment. The Aspen City Council recommends that the Board of County Commissioners of Pitkin County deny any request for new development rights on the subject property because development in this location directly contradicts the 1993 AACP and proposed 1998 Update, does not satisfy the City's Development in Environmentally Sensitive Areas Standards, and is mapped severe wildfire. We would be happy to further discuss these concerns with the Board of County Commissioners if you desire. Sincerely, Aspen City Council 941â€ž 3 Rachel Richards, Mayor Terry PhulAgn, Mayor Pro Tem Told; Hershey, Ci1/Council Member Tom McCabe, City Counfil Member f /1 ~ |A 1 13 â‚¬z /~ lim Markalunas, City ouncil Member 1-,i MEMORANDUM TO: Suzanne Wolf, Pitkin County Senior Planner THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Community Development Deputy Director FROM: Nick Lelack, City of Aspen Planner RE: Stanger Conceptual Metro Residential GMQS, Special Review and GMQS Exemption for a Dwelling Unit Deed Restricted to Affordable Housing Price, Income and Occupancy Guidelines DATE: January 7,2000 The City Planning Office reviewed the Stanger application for Conceptual Metro Residential GMQS, Special Review and GMQS Exemption for a Dwelling Unit Deed Restricted to Affordable Housing Price, Income and Occupancy Guidelines. The City of Aspen Community Development Department recommends denial of the application for the following reasons: 1. The proposed development envelope is mapped severe wildfire. The City Planning Staff does not support the "clearing" of native vegetation, including service berry and scrub oak, to mitigate for this potential natural hazard. Re- vegetating steep, south facing slopes is frequently unsuccessful and scars hill and mountain sides. Further, clearing these species and unsuccessful re-vegetation leads to severe erosion on the mountain sides, creating hazards for residents below. 2. The proposed development does not comply with the 1993 Aspen Area Community Plan (AACP) or the Draft AACP 1998 Update. The AACP states -. onPage 46: It is the position of the Open Space Committee that Smuggler Mountain be purchased as open space and a recreation area for the community. We feel that it is one of the highest priorities the City and County should have relative to recreation, access to public lands and visual character. Smuggler Mountain is the last remaining undeveloped mountain side as seen from the gondola. It has increasingly become one Of the highest used recreation areas of our community. Smuggler mountain also provides access to the USFS public lands. We are not opposed to housing on the lower portions of Smuggler Mountain with development no higher than the existing level of development (excluding the Cooper housing located higher on the side Of the mountain.). 1 In addition, both the 1993 and 1998 draft plans include the following action statement: If the opportunity arises, acquire properties on Smuggler Mountain for public open space. Finally, the development would be located outside the proposed Aspen Community Growth Boundary. The Draft Aspen Area Community Plan 1998 Update states that the boundary is intended to help preserve open space, discourage urban sprawl and manage the transportation impacts Of new developments. In order to make the boundary effective, the County may need to lower acceptable density levels in the unincorporated areas, and the city -will need to pursue infill in existing neighborhoods. The Community Growth Boundary would also serve as the base ofa future annexation agreement between the City and County and require intergovernmental coordination for any development approvals in the joint planning area. 3. City Planning Staff does not believe the proposed development meets the City' s Development in Environmentally Sensitive Areas (ESA) standards. The purpose of the ESA standards are to identify areas within the City that are of particular ecological, environmental, architectural or scenic significance. Specifically, Staff does not believe the proposed development meets several of the 8040 Greenline Review Standards, including standards 1,2,5,7 and 10 below. 8040 greenline review standards. No development shall be permitted at, above, or one hundred fifty (150) feet below the 8040 greenline unless the Planning and Zoning Commission makes a determination that the proposed development complies with Â®.requirements set forth below. 1. The parcel on which the proposed development is to be located is suitable for development considering its slope, ground stability characteristics, including mine subsidence and the possibility of mud flow, rockfalls and avalanche dangers. If the parcel is found to contain hazardous or toxic soils, the applicant shall stabilize and re-vegetate the soils, or, where necessary, cause them to be removed from the site to a location acceptable to the city. 2. The proposed development does not have a significant adverse affect on the natural watershed, runoff drainage, soil erosion or have consequent effects on water pollution. 3. The proposed development does not have a significant adverse affect on the air quality in the city. 4. The design and location of any proposed development, road, or trail is compatible with the terrain on the parcel on which the proposed development is to be located. 5. Any grading will minimize, to the extent practicable, disturbance to the terrain, vegetation and natural land features. 2 6. The placement and clustering of structures will minimize the need for roads, limit cutting and grading, maintain open space, and preserve the mountain as a scenic resource. 7. Building height and bulk will be minimized and the structure will be designed to blend into the open character Of the mountain. 8. Sufficient water pressure and other utilities are available to service the proposed development. 9. Adequate roads are available to serve the proposed development, and said roads can be properly maintained. 10. Adequate ingress and egress is available to the proposed development so as to ensure adequate access for fire protection and snow removal equipment. However, if the proposal is approved, then the City Planning Staff recommends the following conditions of approval be adopted: 1. The owner shall convey a trail easement to Pitkin County Open Space on the property, and the County has sole discretion over the location of the trail easement as long as it is located outside the building envelope (it may be located inside the development envelope). 2. The affordable housing unit shall not have interior doors connecting to the remainder of the house, should be located above grade in a side-by-side configuration with the free market unit (instead of an above-grade/below-grade configuration), and fully deed restricted. 3. Limit the floor area ratio (FAR) to no more than 10% less than the next highest -- --- residence(s) on Smuggler Mountain because of the elevation of this site, not to exceed 11,000 square feet. 4. The submission of a lighting plan for the development that demonstrates compliance the City's new lighting ordinance and that shows the following: A. The location and height above grade of light fixtures; B. The type (such as incandescent, halogen, high pressure sodium) and luminous intensity of each light source; C. The type of fixture (such as floodlight, full-cutoff, lantern, coach light); D. Estimates for site illumination resulting from the lighting, as measured in foot-candles, should include minimum, maximum and average illumination. Comparable examples already in the community that demonstrate technique, specification, and/or light level should be provided if available to expedite the review process; and 3 E. Other information deemed necessary by the Community Development Director to document compliance with provisions of the Land Use Code. 5. Prior to issuance of any building permits, the applicant shall consult with the County Wildli fe Biologist or City Forester for selection of vegetative species for revegetation efforts. The following discussion is City Planning Staff's findings on the GMQS scoring criteria. Criteria. The four following community character-based scoring criteria are intended to encourage imaginative, innovative and flexible approaches to advancing the visions of Aspen area residents. Each criterion is presented in the form of general background and vision statements. Examples of methods that might be used to implement the vision follow the background and vision statements. It is recognized that some statements will have no relevance to certain types of projects; projects will not be penalized by low scores when that is the case. Moreover, the list of possible implementation methods does not exhaust the range of possible actions for which points will be awarded. Those wishing to explore other possible means of advancing stated goals are encouraged to review the Aspen Area Community Plan and to consult with representatives from the Community Development Department. 1. Revitalizing the permanent community. Residents of the Aspen area have long recognized the need to preserve the community's character and identity as more than just a resort, a collection of second homes and a tourist shopping mecca. They recognize that a "critical mass" of permanent residents and local- serving businesses is necessary to make any community function. They recognize, too, that the vitality brought to the Aspen area by full-time residents is being seriously diluted by the inability of working people to live in their own community. As a result of these concerns, one of the community's central goals is to create a community with a size, density and diversity that encourages interaction, involvement and vitality and one that provides opportunities for its workers to become a permanent part of the social fabric. These are a variety of ways in which a project might address the goal of revitalizing the permanent community, including, but not limited to the following: a. providing high-quality, on-site, affordable housing for permanent residents consistent with the Housing Authority Guidelines; Staff Finding The proposed category two, 2-bedroom, 850 square foot affordable housing unit satisfies this requirement. As stated in the application, this unit provides mitigation for 56% of the projects four (4) residents. The quality of this unit will depend on the location of the 4 unit in relation to the house. For example, a high quality unit will be located above grade in a side-by-side configuration with the free market unit, and a low quality unit will be located below the free market unit in the basement. b. providing site-appropriate mixing offree market and affordable housing for efficient provision of services such as transit, and for discouraging site planning that segregates affordable andfree market units; Staff Finding The location of this site does not lend itself well to the efficient provision of services, and is not in a transit served area. However, there is an appropriate mix of free market and affordable housing units on the site. c. creating affordable dwelling units through buy-downs or conversion of existing free market units: and Staff Finding This standard is not applicable because the applicant is proposing to create a new affordable housing unit on site and not through buy-downs or conversion of existing free market units. d. providing "locally-serving commercial space/businesses." Staff Finding This standard is not applicable. 1. Providing transportation alternatives. Reducing dependency on the automobile is vital for the long-term livability and health of the Aspen area. The Aspen Area Community Plan envisions a time in the not-too-distant future when the automobile is not the dominant means of moving people in and around the -- - community. The Aspen Area Community Plan seeks a balanced, integrated transportation system for residents, visitors and commuters that reduces traffic congestion and air pollution. These are a variety of ways in which a project might address the goal of providing transportation alternatives, including, but not limited to the following: a. reducing the need for private vehicles as a form of transportation; ---- _ _ Staff Finding The property's location along side the steep Smuggler Mountain Road will likely increase the use of automobiles, particularly on this rural road. Residents will likely drive to and from work and to town for shopping because of the road' s steep slope, or at the least to the bus stop (which is not a park-and-ride facility). Staff agrees with the applicant that the project's residents are likely to use the road for recreational purposes, but this use 5 does not address the criteria or further the community's goals of reducing auto dependency. b. facilitating and encouraging year-round pedestrian transportation: Staff Finding Again, Smuggler Mountain Road is very steep and this project is located at an elevation of approximately 8350 feet - approximately a 350 foot elevation increase from the bus stop located at the bottom of the road. Consequently, the project's residents will most likely drive to their destinations or to the bus stop. c. helping to implement a valley-wide mass transit system, . Staff Finding The applicant's proposal to contribute $5,000 to RFTA to be used toward the acquisition of new buses and $5,000 for the construction of a bus stop shelter in the vicinity of the base of Smuggler Mountain Road address this criteria. d. providing needed improvements to the existing RFTA system: Staff Finding The applicant's proposal to contribute $5,000 to RFTA to be used toward the acquisition of new buses and $5,000 for the construction of a bus stop shelter in the vicinity of the base of Smuggler Mountain Road addresses this criteria. e. increasing the number of available transportation choices; Staff Finding The location o f the project near town will allow for pedestrian travel to and from town, but the steep road willlikely encourage residents to drive at least to the bus stop and then a shorter distance in to town. The applicant contends that the provision of a trail easement along Smuggler Mountain Road will help increase the number of available transportation choices, but the applicant is not proposing to construct and maintain the trail. Further, Staff does not believe this trail can be built or present a safe situation because of the steep slopes where this easement would be located. The trail development and maintenance costs would likely be a significant financial drain on the County's budget. As mentioned above, the City recommends imposing the following condition of - approval: The owner shall convey a trail easement to Pitkin County Open Space on the property, and the County posses sole discretion over the location of the trail easement as long as it is located outside the building envelope (it may be located inside the development envelope). f creating a less congested do-wntown core; 6 Staff Finding Staff believes that the location of the project on the steep Smuggler Mountain Road will encourage residents to drive to and from town, thereby creating a more congested downtown core. However, if the residents elect to drive to the bus stop at the bottom of Smuggler Mountain Road then this criteria would be addressed. g. helping to implement the transportation planning policies Of the AACP and the Aspen to Snowmass transportation plan; Staff Finding Again, the project's location on the steep slope will encourage residents to drive at least to the bus stop, and most likely in to town, contradicting the Aspen and Snowmass transportation planning policies. In addition, the applicant is not proposing to build a trail; instead, the proposed is for a trail easement in a location where the trail is not likely to be developed. Therefore, the trail easement will not contribute to the implementation of these plans. h. altering land use patterns to accommodate and contribute to a more efficient and effective transit system: Staff Finding See a.-h. of this section for comments. i. creating, improving or expanding public commuter trails, walkways or bikewayfacilities that are consistent with the goals of the AACP and associated plans, such as the pedestrian/bikeway plan: Staff Finding This proposal does not create, improve, or expand public commuter trails, walkways or bikeway facilities. Instead, it proposes to establish a trail easement for the County to develop and maintain on steep slopes. j. locating developments near transit facilities; Staff Finding Again, the development is located near a transit facility with at least a 350-foot elevation difference on a rural road. As a result, residents will not experience a short walk to and from the transit facility, especially not during inclement weather on a steep, slippery road downhill or summer heat uphill. - k. providing on-going transportation to and from the airport, ski areas and shopping areas; Staff Finding Not applicable for this small project. 1 1. providing on-going employee transportation services such as van pools or buses at no cost to employees; Staff Finding Not applicable for this small project. m. providing bicycle parking, showers and lockers for employees; and Staff Finding Residents will be provided bicycle parking and the dwelling units will naturally have showers. n. providing secure bicycle storage for guests and employees. Staff Finding Residents will be provided secure bicycle storage. 3. Promoting environmentally sustainable development.The natural environment is one of the community's greatest assets. As a result, only that development that is environmentally sensitive and that promotes individually responsible, ecological lifestyles shall be allowed. This sub-Section seeks to foster a high level of consciousness relative to resource conservation, wildlife protection and environmental sustainability. These are a variety o f ways in which a project might address the goal of promoting environmentally sustainable development, including, but not limited to the following: a. orienting building sites, streets and other project features in order to maximize potential.for use of solar energy and other renewable energy resources; Staff Finding The proposed dwellings will be oriented to maximize the use of solar energy, but the energy and resources used to construct and maintain this house will certainly be greater than for properties located in town. b. protecting and preserving existing trees and other mature vegetation during and after the construction process; Staff Finding The property is mapped severe wildfire and the only way to mitigate for this natural hazard is to "clear out" native vegetation, particularly service berry and scrub oak. In addition, a large portion of the development envelope will be located on steep, south facing slopes where re-vegetation will almost certainly unsuccessfully return the property to its natural state. All other existing trees will be maintained on the property and protected. 8 c. using fewer or cleaner wood-burning devices than allowed by law; Staff Finding The application addresses this standard. d. removing or replacing existing, dirty wood-burning devices: Staff Finding Not applicable because none of the devices exist on the property. e. increasing community access to natural and open space areas; Staff Finding The application includes a proposal for a new park with picnic tables and drinking fountains, which increases community access to natural and open space areas in this high used recreation area. The proposed trail easement should not be factored into this score because the applicant is not proposing to develop the trail, and the trail may never be built because of the location of the proposed easement. f promoting community recycling efforts; Staff Finding The application states that the projects residents will participate in recycling efforts, but otherwise the application does not state how it will promote such efforts. g. landscaping with low--water-use plant materials and using chemical-free landscape maintenance techniques; Staff Finding The development will attempt to use natural grasses for re-vegetation of disturbed areas and for the proposed park. Chemical free landscaping is also proposed for the project. However, the natural grasses will not likely grow again on the south facing, steep slopes in the development envelopes. h. employing measures that reduce PM,0 levels in the non-attainment area; Staff Finding The proposal is for a driveway that is paved or chip-sealed or subject to dust control applications to prevent dust contamination. Wood burning devices are prohibited. i. preserving and efficiently using environmental resources during all phases of development, including types of materials used and future energy and material needs of the project; 9 Staff Finding The application states that the construction will utilize solar design and have insulation in excess of code requirements. It also contends that a voluntary limit on FAR to 11.000 square feet will help limit the use of resources in construction. Renewable resources and non-scarce or threatened species of wood are proposed to be used, and grey water is proposed to limit the use and disposal needs of the dwelling units. However, limiting the FAR to 11,000 square feet is still 11,000 square feet more than this property is currently allowed to construct because it does not have a development right. Staff recommends a that the FAR be limited to 10% less than the next highest residence(s) on the mountain because of the elevation of this site. Further, the application states that it may develop a pond and will clear out some native vegetation for wildfire mitigation; neither of these proposals preserves environmental resources. j. completely avoiding ridgeline development and natural hazard areas as defined in Section 24.65.1.103, C.R.S.: Staff Finding The development is located in severe wildfire range. k. enhancing existing wildlife habitat; and Staff Finding The project does not enhance existing wildlife habitat because it creates development rights in an area where no such rights currently exist. Further, the proposed Open Space and Wildlife Enhancement Areas are located on slopes in excess of 35% slopes, which cannot be developed under any circumstances according the Pitkin County Land Use Code. l. complying with the letter and spirit oj Chapter 26.435, Environmentally Sensitive Areas, as applicable. Staff Finding The project does not enhance existing wildlife habitat because it creates development rights on parcel that do not currently have such rights in an environmentally sensitive area. Further, the proposed Open Space and Wildlife Enhancement Areas are located on slopes in excess of 35% slopes, which cannot be developed under any circumstances according the Pitkin County Land Use Code. 4. Maintaining design quality, historic compatibility and community character. Design within the larger historic setting of the community is important as it is a vital component of the community's economic well-being and cultural heritage. Public architecture should support and enhance community life. The goal o f this sub-Section is to ensure the maintenance of community character through design quality and compatibility with historic features. 10 There are a variety of ways in which a project might address the goal of maintaining design quality, historic compatibility and community character, including, but not limited to the following: a. restoring Landmark structures and structures listed in the inventory of historic structures; Staff Finding Not applicable b. improving and maintaining the appearance andjunction of alleys for commercial, office and residential uses: Staff Finding Not applicable c. ensuring design compatibility -with existing buildings in the vicinity ofthe proposed project, in terms of scale, massing, building materials, fenestration, other architectural features, and open space: Staff Finding Not able to review - no designs submitted d. including porches or other "pedestrian-friendly" features; Staff Finding Not able to review - no designs submitted e. retaining and promoting eclectic and diverse businesses along Main Street that maintain and enhance the special character of the historic district; Staff Finding Not applicable ensuring the site's usability.for social activities. Staff Finding - The provision of a park will ensure the site's usability for social activities in the area. 11 4 33/j. ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5090 FAX (970) 920-5439 MEMORANDUM TO: Attorney l Zoning ~ CSFS EH Wildlife Biologist CDOW Aspen Fire District Housing Engineer USFS CSGS 04:City Planning ' FROM: Suzanne Wolff, Community Development Department RE: Stanger Subdivision, Conceptual Submission, Metro Residential GMQS, 1041 Hazard Review, Scenic Overlay, Special Review, & GMQS Exemption for Dwelling Unit Deed Restricted to AH Price, Income and Occupancy Guideline outside of the AH Zone District Special Review PID# 2737-074-00-042/041 P147-99 Flat Fee DATE: November 26,1999 Attached for your review and comments are materials for an application by Robert Stanger. This application will be reviewed by the Pitkin County Community Growth Management Committee and Planning & Zoning on January 25,2000. Please return your comments to me no later than January 3,2000. Thankyou. STANGER SUBDIVISION CONCEPTUAL METRO RESIDENTIAL GMQS, SUBDIVISION, 1041 HAZARD REVIEW, SPECIAL REVIEW AND GMQS EXEMPTION FOR A DWELLING UNIT DEED RESTRICTED TO AH PRICE, INCOME AND OCCUPANCY GUIDELINES OUTSIDE OF THE AH ZONE DISTRICT Submitted by: Klein-Zimet Professional Corporation 201 N. Mill Street, #203 Aspen, CO 81611 (970) 925-8700 Stanger Subdivision Exhibit List Exhibit 1 Consent and Authorization to Process Land Use Application, Agreement for Payment of Development Fee and Land Use Application Form Exhibit 2 Legal Description for the Parcel Exhibit 3 Title Insurance Commitment Exhibit 4 List of Adjacent Land Owners Exhibit 5 Pre-Application Conference Summary Sheet Exhibit 6 Dr. Bruce Collins Geologic Report Exhibit 7 Confirmation Letter from Fire Marshal Exhibit 8 Utility Provider Letters Figure 1 SM x 11" Vicinity Map 8 14 x 11 Figure 2 Scenic Quality Cross Section 8 14 x 11 Figure 3 Driveway Profile 8 !4 x 11 Figure 4 Site Plan Map 24 x 36 Figure 5 1041 Hazards and Proposed Open Space and Wildlife Enhancement Area. 24x36 Figure 6 Improvement Survey 24 x 36 stanger\exhibit list STANGER SUBDIVISION CONCEPTUAL METRO RESIDENTIAL GMQS, SUBDIVISION, 1041 HAZARD REVIEW, SPECIAL REVIEW AND GMQS EXEMPTION FOR A DWELLING UNIT DEED RESTRICTED TO AH PRICE, INCOME AND OCCUPANCY GUIDELINES OUTSIDE OF THE AH ZONE DISTRICT TO: Pitkin County Planning Office FROM: Robert A. Stanger, contract purchaser - Applicant REPRESENTED BY: Herbert S. Klein, Esq. and Grafton Smith I. STATEMENT OF INTENT AND PURPOSE. This Application is submitted by Robert A. Stanger, a contract purchaser ofthe Result Mining Claim USMS No. 6044 as described in Patent recorded in Book 175 at page 225 and the Contraband Mining Claim USMS No. 4471 as described in Patent recorded in Book 175 at page 187. The consent of the owners of these parcels to allow Mr. Stanger and his representatives to process this application is attached as Exhibit 1 to this application. The parcels are located on the lower portion of Smuggler Mountain in the AFR-10 zone district. The Result Claim is 6.9 acres in sizel and the Contraband Claim is 9.28 acres in size. 01 tig All development will be confined to a"Development Area" which is suitable for development, ~being outside the mapped wildlife and avalanche areas that affect only the upper reaches of the 0 r ~Â·~ property. Activities,within the Development Area may include placement of the well and septic t J~ system, driveway('pond~ utilities, landscaping, wildfire mitigation and the Building Envelope. A "Building Enveloj)@3Â·K located within the Development Area. The Building Envelope has fiat to gently sloping terrain, is set back from the ridge to lessen visual concerns and is only affected by an easily mitigated wildfire hazard. No development on steep slopes (in excess of 30%) will occur as they are not located in the Building Envelope or along the driveway serving the site. The intent ofthis application is to obtain the merger ofthe Contraband Claim with the Result 1 This acreage calculation includes a .25 acre sliver of the Result Claim which is separated by the overlap of a portion of the Contraband Claim. This sliver is included in the land subject to this application and will be considered as part of the resulting parcel and not a separate parcel. Claim so that the resulting parcel will be conforming in the AFR-10 zone district and have one development right. The Result Claim, owned by Tulassi Wilkinson, was subdivided through a court ordered marital settlement in litigation in which the County participated. Although it is recognized by the County as a subdivided parcel, it does not have a development right. The County takes the position that the Contraband Claim, owned by Tulassi's son, Jaya Wilkinson, remains merged with the adjacent holdings of Fidelity Trust and is not recognized as a subdivided parcel under the Pitkin County Land Use Code ("LUC"). Therefore, this application seeks approvals to subdivide the Contraband Claim and merge it with the Result Claim and to obtain a GMQS allotment for one single family residence to be built on the combined parcel. As used herein the term the"Property" shall refer to the merged Result and Contraband parcels. Additional approvals are also sought for 1041 hazard review and a GMQS exemption for the placement of a deed restricted affordable housing unit to be attached to the free market residence. Scenic foreground review may be included in the later stages ofthe processing ofthis application or deferred to a later time after architectural plans are prepared and a building permit is sought, however, detailed information is provided in this application to address the County's scenic quality guidelines. A brief summary of the primary features of this proposal is as follows: 1. One single family residence with an attached deed restricted affordable housing unit on a 16 acre parcel of land. 2. Voluntary limitation of house size (FAR) with the right to build up to 11,000 square feet of FAR (as measured under the Land Use Code as of the date of this application)for the main residence and the affordable housing unit and height limit of 26 feet. 3. On-site employee housing mitigation for 56% o f the project residents at the category two level via a two bedroom affordable housing unit, deed restricted â€ž ~ ~~b pursuant to LUC 3-130-020. The Code requires only 33% of this housing to be provided. 4. Preservation of scenic lands and enhancement of wildlife values through the use of a deed restricted Open Space and Wildlife Enhancement Area. 5. Easily mitigated 1041 hazards affecting the Building Envelope consist only of a <329-rewitÂ®*324. No other hazards are present in the Building Envelope. The DEvelopment Area also has some severe wildfire area and some slopes in excess of 30%. Some brush and small trees will be thinned or removed in.these areas as part of the wildfire mitigation. Certain hazards exist near the development area but do not affect it. These hazards are potential avalanche and severe elk winter range. All development of the Property will avoid these areas. 2 6. Creation ofa newpublic park along the Smuggler Mountain Road which will have drinking water and picnic tables to enhance the hiking and biking uses ofthis popular trail. 7. New traffic impacts are minimal and are within existing road capacity without the need for any road improvements for access or fire safety. 8. Energy and water conservation techniques in excess of code requirements. 9. Existing utilities and road access are available. 10. Cash donations for the acquisition of new buses and bus shelters to aid in public transit and other community goals. The following sections of this application are organized in a manner that attempts to avoid redundant information, yet comprehensively addresses all relevant code provisions. Section II ofthe application describes the development proposal in the context of compliance with Conceptual Submission Contents - Article 5, Section 5-20 Conceptual Subdivision, 5-150 - GrowthManagement Quota System (GMQS) Allotments. Within that section conformance with Land Use Policies - Article 2, LUC 3-80 - 1041 Hazard Review, LUC 3-60 - Environmental and Aesthetic Standards, LUC 3-70 - Water Resources, LUC 3-110 - Improvements and Services, LUC 3-120 - Impacts on Taxes and & Management o fNecessary Services is indicated. These are discussed in the Article 5 topics and the Land Use Policies where appropriate. Following the Article 5 section, any Article 2 policies and other relevant LUC provisions which have not been addressed within the Article 5 discussion are set forth. Section III of this application contains the GMQS scoring criteria of LUC 3-160-050. Section IV of this application describes development exactions of LUC 3-130. Section V ofthis Application seeks approval ofthe attached affordable housing unit pursuant to LUC 3-150-110 and Special Review LUC 3-210. IL CONCEPTUAL SUBMISSIONCONTENTS - SECTION 5-20 AND 5-150 - GROWTH MANAGEMENT OUOTA SYSTEM (GMOS) ALLOTMENTS 5-150-010 General A. General. The following information and the attached exhibits contains all required submission materials. This information also provides the submission contents and standards report required by LUC 5-20 for Conceptual Subdivision. 3 B. Applicant's Background Information. Attached at Exhibit 1 is a Consent and Authorization to Process Land Use Application, signed by the owners ofthe Property, containing the owner's name, address and telephone number, and the name, address and telephone number of the representative authorized to act on behalf of the applicant, an Agreement for Payment of Development Fee also signed by the applicant, and a Land Use Application Form. C. Property Description. The legal description for the Property is attached at Exhibit 2. An 816" x 11" vicinity map locating the subject Property within Pitkin County is attached at Figure 1. D. Disclosure and Proof of Ownership. Tulassi Wilkinson is the owner of the Result Claim and Jaya Wilkinson is the owner ofthe Contraband Claim. A title insurance policy issued by Fidelity National Title Insurance Company is attached thereto at Exhibit 45 identifies the owners, indicates easements and mineral reservations and contains a complete legal description of the Property. A list of adjacent land owners and their addresses is attached hereto at Exhibit 5. Pursuant to section 4-90-030D, stamped, addressed, letter size envelopes, with the return address of the Planning Department, for mailing to all adjacent property owners are provided herewith in a separate envelope. E. Legal Access. The Property is contiguous to and will obtain access directly from the Smuggler Mountain Road. This is a public road and the Applicant has legal access to the Property for the development proposal, subject only to the normal access permit requirements of the Code. F. Standards Report. This application and its exhibits demonstrate that the proposed development complies with the applicable substantive review standards and constitutes the standards report. G. Pre-Application Conference Summary Sheet. A copy of the pre-application conference summary sheet is attached at Exhibit 6. H. Site Utilization Maps. Thirty-one 24" x 36" site utilization maps specified by the staffduring the pre-application conference are submitted herewith. The Site Plan map is attached at Figure 4 and an Improvement Survey is attached at Figure 6. I. Copies of Application. Thirty-one (31) application copies are submitted herewith. 5-150-020 Water System.(Land Use Policies 2-140 - Water Resources Impacts, 2-170 - Adequate Provision for Water Needs, 2-240 - Compatibility with Agricultural Lands and Operations, LUC 3-70 - Water Resources and LUC 3-110-040 Water Supply Systems). An application shall describe the water system and address: A. Availability ofwater: The project will use an on-site well. Exempt well permits for the Property have been obtained. The well may draw up to 15 GPM. The well is located in an area 4 that should yield sufficient water ofpotable quality. The geologic report from Dr. Bruce Collins attached hereto at Exhibit 7 (the "Collins Report") attaches an earlier report from Dr. Nicholas Lampiris reporting on the same property and indicates the high likelihood o f obtaining sufficient water from this well. B. N/A; C. N/A; D. The estimated water demand of the proposed project. Generally, household uses require approximately 350 GPD. This project does not have any unusual water demand elements. Therefore, such average is a reasonable estimate of the water use for each of the free market residence and the employee residence. E. N/A; F. The quantity of water which will continue to be available for the purposes of land irrigation. There has not been any irrigation of the Property. The well permit does not allow any lawn irrigation. G. The identification of all historically irrigated lands on the Property. None. LUC 3-70 Water Resources. The proposed development will comply with all requirements ofLUC 3-70. These items are discussed in individual sections ofthis application dealing with them, e.g. drainage, erosion, water supply. Other items not otherwise addressed are as follows: LUC 3-70-020 Encroachment or Channeling. N/A LUC 3-70-050 Groundwater. The proposed development will not interfere with major groundwater resources. LUC 3-70-060 Irrigated Areas. N/A LUC 3-70-070 Irrigation Ditches. N/A LUC 3-70-080 Sedimentation. The development of the property will comply with all provisions ofthis section of the LUC. LUC 3-110-040 Water Supply Systems. The development ofthe water supply through the on-site well complies with the provisions of this section of the LUC. 5-150-030 Sewage Treatment (Land Use Policy 2-180 - Sewage Treatment and LUC 3-110- 050) A. The sewage treatment system to be used: The Property will be served by an individual sewage disposal system which complies with Pitkin County Environmental Health Department regulations. the public sewage systemisnot available tothe Property. The Collins Report attached at Exhibit 7 attaches an earlier report from Dr. Nicholas Lampiris reporting on the same property and indicates that the soils on the Property are suitable for on-site septic systems and that if necessary, an engineered system will comply with all County environmental health regulations. 5 Prior to obtaining a building permit for the residence, it will be necessary to conduct site specific percolation tests on the Property within the Development Area to determine the final design for the system. The on-site septic system will comply with all provisions of LUC 3-110-050. B. N/A. 5-150-040 Drainage (Land Use Policy 2-100 - Drainage and 2-110 Erosion) Existing natural drainage patterns will be maintained on the Property and the proposed development will not cause storm drainage and flood water patterns to exceed the capacity ofnatural or constructed drainage ways or subject other areas to increased potential for damage by flood, erosion or sedimentation or to pollute natural streams. The Collins Report describing drainage characteristics is attached hereto at Exhibit 7 attaches an earlier report from Dr. Nicholas Lampiris reporting on the same property and indicates that drainage is not a problem. At the time of building permit application, a site specific drainage plan will be provided which will ensure that the runoff characteristics ofthe Property after the development occurs will maintain historic patterns. All areas disturbed by construction will be revegetated to prevent erosion and utility installations will be placed underground alongside ofthe existing Smuggler Mountain Road.(LUC 3-60-030B and LUC 3-110- 060C). 5-150-050 Fire Protection.(Land Use Policy 2-170 - Adequate Provision for Water Needs). A. Information as to the availability of an adequate type and capacity of facilities for fire protection: The fire station in downtown Aspen is approximately 1.3 miles from the site with a response time of 5-6 minutes. On-site fire suppression will be provided by in-house sprinklers. The Fire Marshall has reviewed this site and has determined that the access for fire equipment on the existing Smuggler Mountain Road is adequate without the need for further improvements. He also sets forth his design requirements for the driveway serving the Property. These requirements have been incorporated into the site plan and will be followed. His confirmation letter is attached as Exhibit 8. B. Type of fire protection system to be used: In-house sprinklers and fire detection, , security system. C. Distance to nearest fire station and average response time: The filell#TJR~ in downtown Aspen is approximately 1.3 miles from the site with a response time 09. D. An agreement by the applicant to provide any service improvements necessary to serve the project with fire protection facilities. The Fire Marshal has indicated that existing facilities and road access are sufficient for fire protection. The Applicant will construct the driveway in accordance with the Fire Marshal's recommendations. No service improvements are necessary. Please see Exhibit 8 for his comments and recommendations. However, the applicant will design and construct the New Park (described below in discussion of LUC 5-150-070) in a manner which also 6 provides a fire truck pull-out and turn around area. This is not a required improvement but has been discussed with the Fire Marshal who believes it will be a welcome and useful facility. Portions ofthe Property are mapped as a severe wildfire area. The Applicant will easily mitigate this hazard to a moderate wildfire danger and will abide by the mitigation requirements of section 3-80-070 C ofthe LUC. New Hydrant Easement. The Applicant will provide an easement for the fire department for the emergency use of a hydrant for fire fighting in the vicinity ofthe Property. This can be used if a public water supply becomes available. This will enhance the fire protection facilities in the area. 5-150-060 Schools A. Distance of the proposed development to the nearest elementary, middle and high schools: The Aspen Public School campus is approximately 4.3 miles away. B. Distance to existing school bus routes: An existing school bus route is along the lower portion of Smuggler Mountain, approximately .6 miles from the Property. C. Projected increase in school capacity to satisfy the needs of the residents of the development and the ability of the schools to absorb additional students without capital improvements and additional personnel. This single family residence and affordable housing unit will not require any increase in school capacity nor will it generate the need for capital improvements and additional personnel. 5-150-070 Parks/Trails/Recreational Facilities and LUC 3-110-100. The location ofthe proposed development relative to proposed or existing parks, playgrounds, trails and other recreational facilities. The Property is located in an area which is in the immediate vicinity of parks and playgrounds. A playground is located at the base of Smuggler Mountain, approximately .6 miles from the Property. The Smuggler Mountain trail runs through the Property providing hiking and bicycle routes to upper Smuggler Mountain and Hunter Creek. New Park. The Applicant is also proposing to create and dedicate a public park along the Smuggler Mountain Road which will have a beautiful view area with picnic tables and a water fountain for people and their dogs. The water fountain will operate seasonally when temperatures permit. The park will have native grasses and new aspen trees. The location ofthe park is shown on the Site Plan, Figure 4. If a water augmentation plan is necessary to service this park, the applicant will obtain one. New Trail Easement. The Applicant will also dedicate a twenty foot wide trail easement b along the portions of Smuggler Mountain Road that are adjacent to the Property. The alignment will Sbe outside ofthe improved roadway and will be available if in the future it is determined to separate i\'Li Ff Â° r o- t- A jjk~, 904-* 1 r'Hytk kylo , l.*01%0/ /6. -1 I> -9~~~1 /-44 flk-- -~i uy>tr Ar~&s *914# ~+,w6 ut-4 4 64* &>c , trial use from the road. The location ofthe trail is shown on the Site Plan, Figure 4. The New Trail Easement is not shown on County trail maps but is along side the popular Smuggler Mountain Road. ~- The terms ofthe easement will require that if it is constructed by the County in the future it will meet Â®e requirements of 3-110-100.. f Â«- 4/0-1 Â» ti'+4 *- 42BF *Yo~9 90Â«1 5-150-080 Transportation Impacts (Land Use Policy 2-190 Impacts on Road System, 2-230 - Transportation, 2-200 - Road Design, LUC 3-110-070 Roads and LUC 3-110-080 Parking) A. Projected traffic count increase on the County road system; B. Type, condition and capacity of the road system to serve the proposed development; C. Total number of motor vehicles projected to serve the development: According to standards used by the County Road and Bridge Department, the residence and affordable housing unit will generate 14 vehicle trips per day ("VTD"). Smuggler Mountain Road is a Class V County Access Road. The portion ofthe Smuggler Mountain Road that is above the parking area at the base of Smuggler Mountain currently operates at approximately 35 VTD with a design capacity of up to 300 VTD. The projected increase is well within existing design capacity ofthe road system. The road access complies with LUC 3-110-070. D. Projected hours of principal daily usage of adjacent roads: Based upon normal residential uses, these hours should be between 8:00 and 9:00 a.m. and between 4:30 and 6 pm. E. On and off-site parking to be supplied: The Property will provide the number required for the residence per the Code, e.g. 2 for the residence and 2 for the affordable housing unit. This complies with LUC 3-110-080. F. Location of existing or proposed alternate public and private transit means (bus routes, bike paths, limos, etc.). The RFTA bus route runs along the base of Smuggler Mountain and a bus stop is approximately.6 mile from the Property. The Smuggler Mountain Road is a hiking and bike route which is adjacent to the Property. The Property's location close to downtown Aspen ensures regular use of public transportation options. G. Auto disincentive techniques incorporated in the proposed development. Because of the low density, auto disincentive programs are not practical. However, the affordable housing unit on-site will mitigate the traffic generated by a domestic worker. In addition, the Property's location close to downtown Aspen ensures regular use ofpublic transportation options and its being adjacent to the Smuggler Mountain Road, a popular hiking and biking route, will make it likely that C residents will not always drive into town. In addition the New Trail ~roposed to,be dedicated will ' / 1 c L./ ~lassist in a reduction of auto use, * 4- De- t,- Ateâ€ž Fi=W b l/u.47-.4,#4~~V, -*t-- kvkk ' H. Proposals by the applicant to provide for transportation service improvements, r including commitments to join in any transportation improvement districts, if formed. The applicant agrees to join in any transportation improvement districts, if they are formed. pplicant will contribute land via an easement for a public trail as shown on the Site Plan. The - r~~ U - 8 e Donation to RFTA. The Applicant also commits to donate five-thousand dollars ($5,000.00) to RFTA for its use in acquiring new buses and $5,000.00 for the construction ofbus shelters in the vicinity of the base of Smuggler Mountain. 5-150-090 Energy Efficiency/Resource Conservation (Land Use Policy 2-270 - Energy Conservation LUC 3-60-060). A. Insulation and solar energy devices (demonstrating energy conservation or solar energy utilization features): The building envelope is located in an area with excellent sun exposure and southern orientation. The design of the residence will incorporate passive solar features and significant glass on southern elevations. The residence will use insulation standards in excess of those required by the UBC and any current thermal regulations. A Protective Covenant will subject the Property to a requirement of passive solar design and such excess insulation. This proposal complies with the requirements of LUC 3-60-060. B. Resource conservation methods to be employed to conserve water or to permit wastewater reuse. A grey water system will be used to conserve water and water conserving fixtures will be used in the residence. A Protective Covenant will subject the Property to these requirements. 5-150-100 Air Quality - (Land Use Policy 2-130, LUC 3-60-020). An application shall describe the impacts of the proposed development on air quality by quantifying: A. The number of proposed fireplaces and woodburning stoves. The Applicant will strictly comply with the existing County woodburning fireplace regulations. No wood burning fireplaces will be used. B. The linear distance of roads, driveways, and other areas which will be paved, chip- sealed or oiled: The proposed driveway enters the Property directly off the Smuggler Mountain Road at a distance of approximately 550 feet from the building envelope. The precise distance will depend upon the location ofthe residence within the building envelope. The driveway will be paved or chip-sealed or subject to dust control applications to prevent dust contamination. A Protective Covenant will subject the Property to these requirements. C. The amount of increased emissions from increased traffic generated by the project. The addition ofone single family residence with an affordable housing unit will not have a measurable increase in emissions. The limited number of new dwelling units proposed and improved auto emissions technology will result in minimal and unmeasurable impacts to air quality. 9 LUC 3-60-020. The proposed development will not constitute a direct or indirect source of air pollution under applicable Federal, State or County regulations. 5-150-110 Proposed Uses. An application shall identify all proposed uses of commercial and tourist accommodation structures, including all potential uses which may occur to buildings. N/A. There are no commercial or tourist uses proposed. 5-150-120 Natural and Man-Made Hazards.(Land Use Policies 2-80 Natural and Man- made Hazard and Resource Areas, 2-90 Soil, Surficial, Geologic Characteristics and Radiation and 2-160 Wildlife Management)(LUC 3-80-70 Severe Wildfire Hazard Areas, 3-80-SOB Severe Elk Winter Range, 3-80-50A.2 - Potential Moderate Avalanche Area and 3-80-50C.2 Steep Slopes, LUC 3-60-070). An application shall describe the location of the proposed development relative to Areas of Local and State Interest/1041 Environmental Hazard Review and Key Facilities. The Applicant has reviewed the 1041 maps with the planning office at the pre-application conference. 44 W Severe Wildfire Area.(LUC 3-80-70) Only severe wildfire affects the Development Area. This % vY4 section 3-80-070 C of the LUC. It isjmportant to note that the Building Envelope is set back from hazard can be easily mitigated and the Applicant will foiENTRETMUation measures required by slies-and-is ~elatillx_flat. Thâ‚¬-initigation required iI-kiurally-iRE-*FIRE-Eryqrvice-ber~and ' gamble oak trees which have ahigh fuel content from the Building Envelope and along the driveway. ~ takings hearing is required, the applicant will submit all information required under the LUC prior to - To the extent the LUC prohibits development in this area, a takings hearing is requested and if a such hearing. Other hazards are mapped on the Property but these do not affect the Development Area: Severe Elk Winter Range. (LUC 3-80-80B) The upper reaches ofthe Property are at the edge of the mapped severe elk winter range. The Applicant is proposing to create an Open Space and Wildlife Enhancement Area in these portions of the Property. The mapped winter range area is sufficiently distant from the Development Area that no specific mitigation measures for activities within the Development Area are proposed. However, the Open Space and Wildlife Enhancement Area will have protective covenants that incorporate the provisions of LUC 3-80-80 B (1041 regulations related to Severe winter Range) and will specifically prohibit any development activity and dogs from this area. In addition, the protective covenants will provide that natural vegetation will be undisturbed and no cattle or horse grazing nor buildings, structures, or improvements ofany nature shall be placed, erected, altered, or permitted to remain on the within this area as shown on the Plat, except for necessary utility installations, fences, ponds, irrigation structures and facilities, and private trails. Ifnecessary for the furtherance ofthe goals ofthis preservation and enhancement area, private roads may be constructed within it and vegetation may be planted or removed from for purposes of enhancement of its wildlife environment or for flood, fire or pest control, all pursuant to further review and approval by the Division ofWildlife and the Community Development Department, except in case ofemergency. Please see Figure 5 for mapping of 1041 hazards and the proposed Open Space 10 and Wildlife Enhancement Area. Potential Moderate Avalanche Area. (LUC 3-80-050A.2) The portion ofthe Property uphill and across the Smuggler Mountain Road from the Development Area is mapped as a potential moderate avalanche area. However, the designation does not cross the road and therefore does not affect the Development Area. Steep Slopes. (LUC 3-80-050C.2) Much of the Property contains slopes in excess of 30%. However, the Development Area avoids these areas. No development will occur on such slopes. Because this application seeks to develop one single family dwelling and an exempt affordable housing unit there is no reduction in density for steep slopes under LUC 3-60-070. 5-150-130 Site Plan An application shall describe: A. Total development area: A 16.2 acre parcel ofwhich approximately 1.8 acres will be in a designated Development Area which includes an approximately .6 acre (25,000 square feet) Building Envelope. B. Type of residential development proposed: one single family residence consisting of 5 bedrooms and a two bedroom attached affordable housing unit. C. Lot Coverage: a building envelope of.6 acres (25,000 square feet) is proposed. The residence would not cover the entire building envelope. It is difficult to determine the precise lot coverage at this stage. The maximum size of a house in this zone without special review is 15,000 square feet. Ifthe house were built on one level, this would be the maximum site coverage possible, however, the applicant is voluntarily limiting the right to build on this Property to 11,000 sq.ft. of FAR, as measured by the LUC in effect on the date of filing this application; D. Number of residential or tourist accommodation units or square footage of commercial space: N/A; and E. Area devoted to landscaping and open space: The Property contains several areas within which development will not occur due to unsuitable site conditions or restrictions placed by the Applicant. Development will only occur within the Development Area, the New Park and the proposed mil-easement. A 9.7 acre portion ofthe Property is reserved as an OpenFFace-and WildlifFERMancement Area and a.14 acre (6250 sq.ft.)portion ofthe Property will be dedicated as a public park. Development is permitted in the 1.8 acre Development Area which includes the .6 acre Building Envelope. The area of the Property within which any development can occur is approximately 11% of the total Property, e.g. 1.8 acre Development Area, the .14 acre New Park and the .71 acre proposed Trial easement, However, the 11 Building Envelope represents only 3.5% of the total acreage of the Property, so 96.5% of the Property will remain substantially in its present condition. ~; 5-150-140 Affordable Housing. (Land Use Policy 2-260) An application shall identify the method by which an applicant intends to mitigate impacts on the demand for affordable housing in the community, and shall describe the type and amount of housing to be provided. / The free market residence will have 5 bedrooms which represents 4 persons pursuant to the standards \f' ..~/ in Figure 3-7 of LUC 3-130-050. The Applicant will provide one category two deed restricted attached two bedroom affordable housing unit for on-site housing mitigation. This represents housing t - Nor 2.25 residents, resulting in housing being provided for 56% of the residents in the development. 2 ~92~ 9 'Ol g This is almost twice the code's minimum requirement of -2 4 +2'* 1 13 /43 5-150-150 Neighborhood Effects. (Land Use Policy 2-60 - Compatibility with Existing 4 / Adjacent Neighborhoods) An application shall describe the effects of the proposed / /9) \Dr/ development on land usesinthevicinityoftheproject. Theproposeddevelopmentis consistent Cj, Â©/ A/with the low density development pattern in the vicinity of the project and the AFR-10 zone. There d *'/ will be no adverse impacts whatsoever from this additional single family residence and attached ~ <*ffordable housing unit on a16 acre parcel ofland. The clustering buildings within the Development Area and the preservation o f open space at the upper reaches of the Property will preserve the 125-0, entfattern of Smuggler Mountain. The house has been sited to be at the maximum j~distance possible fronrilianearest houses givenThe limited development sites and maximizes its <istance from the trail use of the Smuggler Mountain Road. 5-150-160 Construction Schedule. An application shall describe the proposed construction schedule for the development and, if applicable, a schedule for the phasing of construction. There is no phasing schedule. The minimal amount o fconstruction associated with one residence and the attached affordable housing unit does not lend itself to phasing. 5-150-170 Maps An applicant shall submit the maps identified in Section 5-20-020. Attached at Figure 4 is the Site Plan Map which contains the information required by the code. An 8%" x 11" vicinity map locating the subject Property within Pitkin County is attached at Figure 1. OTHER LAND USE POLICIES (ARTICLE 2 - NOT ADDRESSED ABOVE) Note: Community policies which are not relevant to this application are omitted. 2-10 COMMUNITY BALANCE. The proposed development will conserve and protect the natural environment and its resources and is in balance with residential, commercial and tourist accommodations. 2-30 CONFORMANCE WITH THE ADOPTED COMPREHENSIVE PLAN. The proposed < development conforms withthe adopted comprehensive plan. It represents minimal development and ~rovides affgrdable housing and opens space,~and public park amenities in excess ~pode 4@L Â«t/.9 ,~lA~.~21 4j,Â§ f~~r Or,%>fAT a' 01 12.00 r L \14 27 11Â¢0 tfirf 02 9 11* rK \/11 -- AA f Â¢ f ><9 0 u Q ~1 4 requirements. 2-40 GROWTH RATE: PHASING OF PUBLIC SERVICES AND FACILITIES. This application complies with the County growth rate as it seeks an available GMQS allotment. Utility services are available to the Property in a manner consistent with the adopted comprehensive plan. 2-70 CONFORMANCE WITH OTHER LAWS. The proposed development is in compliance with all State and Federal laws. 2-120 SCENIC QUALITY and LUC 3-60-050. The entire Property is located in an area of visual sensitivity. The Development Area and Building Envelope have been selected so as to minimize visual impacts while at the same time avoiding steep slopes. The Building Envelope is set back from the ridge line and is flat to gently sloping. The Applicant is voluntarily limiting its right to build to 11,000 square feet (measured under current LUC FAR provisions),inclusive ofthe residence and the attached affordable housing unit. The applicant is also limiting the height of the house to 26 feet, two feet less than allowed by the code. A separate scenic foreground review application pursuant to LUC 3-60-050 will be processed after scoring is completed. See Figure 2 for cross sections showing the building envelope with a massing study of a possible residence and its relationship to the ridge line and the Driveway Profile at Figure 3. The building envelope is also sited to maximize its distance from the trail use of the Smuggler Mountain Road in order to reduce visibility of the structure from the road. 2-150 NOISE. The proposed development will not create adverse noise impacts. 2-210 LOGICAL EXTENSION OFUTILITIES, LUC 3-110-020 and LUC 3-110-060. The area in which the development is located is served by public utilities consisting ofelectricity, natural gas, cable tv and telephone. Minor service line extensions ofthese utilities is all that is necessary to serve the Property. Such utility service is consistent with the comprehensive plan and County policies and regulations. Utility installations will be placed underground. The proposed development complies with all provisions ofLUC 3-110-020 and LUC 3-110-060. Attached at Exhibit 9 are "will serve" letters from Holy Cross Electric, KNE Energy, USWest and TCI Cable. 2-220 - IMPACTS ON TAXES AND MANAGEMENT OF NECESSARY SERVICES AND FACILITIES AND LUC 3-120. The proposed development will not have any adverse impact on the quality of services, public facilities or programs. In fact, the proposed dedications oftrail easements, the creation of a public park and financial contributions to RFTA will improve public UEREETTnd facilities. The development fully complies with LUC 3-120 and does not require a phasing plan, new road construction, County acceptance of new utility systems or facilities nor ~penditures for same. There will be no construction related impacts on the County. J A 24 & BY â‚¬ fif r 5 4 4,?f\94 0.2 /47jtyÂ»/ 13 f t \~ 2-280 - COMPATIBILITY WITH PUBLIC LANDS. The proposed development is compatible with nearby public lands. The open space proposed to be protected and the public trail easement and public park proposed to be created will enhance use of nearby public lands. 2-290 - ACCESS TO PUBLIC LANDS. Existing access points to public lands will not be affected by the proposed development. New public access points are not proposed nor are they being sought by the public. LUC 3-110-110 LIGHTING. Exterior lighting will be designed in such a manner that the exposed bulb ofany light source, such as facade and landscape lighting, will not be directly visible from public rights-of-way below the Property and will comply with LUC 3-110-110 and with the lighting ~ regulations of the Pitkin County Land Use Code. LUC 3-110-130 SIGNS. The proposed development will comply with the County sign regulations ~ of LUC 3-110-130. \1\\\J\(,&< 14 III. GMQS SCORING SUMMARY r 3-160-040 Metro Area Residential B. Scoring: Points shall be awarded for performance relative to each ofthe four scoring criteria. Possible scores for each criterion shall range fromzo,he lowest possible score, to five, the highest possible score. It is recognized that small projects could be at a competitive disadvantage when scored against large-scale projects, It is intended, therefore, that projects be evaluated according to reasonable expectations regarding what could be expected given their size and scale. A r score of zero shall be awarded to projects that, although they had the opportunity to comply with ( scoring Enteria and had the ability to advance stated Community goals, will actually contribute j nothing to implementation of the articulated vision and may, in fact, move the community further Laway from its stated goals. 4-score-oindicates that a.Â£0ect will move the community closM toward attainment of its stated visions and make a positive contribution towafd the implementation of articulated goals. A score of five indicates that a project demonstrates exceptional sensitivity to the stated visions ofthe community and will result in significant movement toward implementation of those goals. Other scores along the continuum from zero to five will be awarded based on the degree to which projects will implement the stated goals. No growth management allocation shall be awarded to projects that do not receive a final average score o f at least three points for each o f the growth management scoring criteriaofSections 3-160.50(C)(1), 3-160.50(C)(2), 3-160.50(C)(3) and 3-160.50(C)(4). C. Criteria: The four following community character-based scoring criteria are intended to encourage imaginative, innovative and flexible approaches to advancing the visions ofAspen area residents. Each criterion is presented in the form of general background and vision statements. Examples ofmethods that might be used to implement the vision follow the background and vision statements. It is recognized that some statements will have no relevance to certain types ofprojects; projects will not be penalized by low scores when that is the case. Moreover, the list of possible implementation methods does not exhaust the range of possible actions for which points will be awarded. Those wishing to explore other possible means of advancing stated goals are encouraged to review the Aspen Area Community Plan and to consult with representatives from the Community Development Department. 1. Revitalizing the permanent community: Residents of the Aspen area have long recognized the need to preserve the community's character and identity as more than just a resort, a collection of second homes and a tourist shopping mecca. They recognize that a "critical mass" of permanent residents and local serving-businesses is necessary to make any community function. They recognize, too, that the vitality brought to the Aspen area by full-time residents is being seriously diluted by the inability o f working people to live in their own community. As a result of these concerns, one ofthe community's central goals is to create a community with a size, density and diversity that encourages interaction, involvement and vitality and one that 15 prgv~les opportunities for its workers to become a permanent part o f the social fabric. Li,vt These are a variety of ways in which a project might address the goal of revitalizing the ~~00.-~ permanent community, including, but not limited to the following: 4 'l~ ~107 29- a. providing high-quality, on-site, affordable housing for permanent residents; y â‚¬. RESPONSE: This application provides one category two, on-site two bedroom deed restricted affordable housing unit of approximately 850hquare feet. This provides mitigation for 9,56% of the project's residents. The LUC only requires a one bedroom unit to satisfy its ~Â¥ requirement for 33% mitigation. This application provides almost twice the mitigation ~~ required by the LUC. C~'1 " "7/1 b. providing site appropriate mixing of free market and affordable housing for F /X efficient provision of services such as transit and discourages site planning that isolates affordable L/\94 and free market units; A~L.2, -b Â·6006*Slk IXA .44- * 1~gitki -7- 4 RESPONSE:~fordable housing unit is-attached to the free market residence and \.2 Â£,7 provides efficient services and does not isolate the affordable housing unit. Kers; :flo Ut, 4 c. providing a housing package consistent with the Housing Authority Guidelines with an emphasis on family-oriented housing where and when appropriate; 4Â« RESPONSE: The provision of a two bedroom affordable housing unit rather than the minimum requirement of a one bedroom unit will encourage occupancy by a family rather than < -tfi~ one person. d. creating affordable dwelling units through buy-downs or conversion of existing free market units; and RESPONSE: This is not applicable. The housing is being built and provided on-site. e. providing "locally serving commercial space/businesses." RESPONSE: N/A 2. Providing transportation alternatives: Residents recognize that reducing dependency on the automobile is vital for the long-term livability and health o f the Aspen area. Their plan is so bold as to envision a time in the not-too-distant future when the automobile is not the dominant means of moving people in and around the community. They are seeking a balanced, integrated transportation system for residents, visitors and commuters that reduces traffic congestion and air pollution. These are a variety of ways in which a project might address the goal of providing transportation alternatives, including, but not limited to the following: 16 a. reducing the need for private vehicles as a form of transportation; RESPONSE: The location of the Property along side a popular trail and close to the bus route will tend to reduce the use of the auto. The on-site provision of affordable housing which l can be used by persons working on the Property will reduce auto trips. - \ 3,0 Ul,E + 14 b. facilitating and encouraging year-round pedestrian transportation; Purb \30 0-de\A, RESPONSE: The Property's location near downtown Aspen will allow for pedestrian travel to and from town. In addition, the Property adjoins a popular trail and the application proposes to dedicate a trail easement along side the Smuggler Mountain Road and to provide a new public park with a drinking fountain. 1.4- ,Â«%4~ i\*- -tle 1 c. helping to implement a valley-wide mass transit system; \2252> RESPONSE: The applicant is proposing a contribution of $5,000.00 to RFTA to be used toward the acquisition of new buses and $5.000 for the construction of a bus stop shelter in the vicinity of the base of Smuggler Mountain Road. This bus will serve the neighborhood and persons who are using the Smuggler Mountain Road trail system. d. providing needed improvements to the existing RFTA system; RESPONSE: The applicant is proposing a contribution of $ 5.000.00 to RFTA to be used \9~- ~*~~ward the acquisition of new buses and $5.000 for the construction of a bus stop shelter in the vicinity of the base of Smuggler Mountain Road. \ ' r \3'C~\MY e. increasing the number of available transportation choices; RESPONSE: The Property's location near downtown Aspen will allow for pedestrian travel to and from town. The Property is close to a RFTA bus stop, so this choice is available. In addition, the Property adjoins a popular pedestrian and bike trail and the application proposes to dedicalu-trail-easement along side the Smuggler Mountain Road and to provide a new public park with a drinkiâ‚¬-Fountain. f. creating a less congested downtown core; /,40,36Q-< i RESPONSE: The Property is located close to but outside of the core. Ihe people who J 311 ~\ live there will be hermits and not go to town. g. helping to implement the transportation planning policies of the AACP and the Aspen 17 to Snowmass transportation plan; RESPONSE: The Property's location near town, near a bus route and hiking and bike trail alllends itself to alternative transportation use. This will further the goals of these plans. h. altering land use patterns to accommodate and contribute to a more efficient and effective transit system; RESPONSE: The development of the Property in its location and with its transit related ~.1 â€ž 1 attributes will accommodate and contribute to a more efficient and effective transit system. t /7 + j\M- ivey ,\ I /(Lt>00 2-12<rltingfidprotfb 21;anit pillic cAmutir trails, walfways or bikeway \ g that lare consistent with the goals of the AACP andissociated plans, such as the f pedestrian/bikeway plan; RESPONSE: The application proposes to create a new public park with a drinking fountain along the popular Smuggler Mountain Road. A new trail easement is also proposed to be dedicated. 9Â© 922 j. locating developments near transit facilities; RESPONSE: The Property is located a short distance from a RFTA bus stop and along < #,Â· hiking and bike trail. -.AN B -ev *FR < xpi i VOY.L.14#Virdi>V k. providing on-going transportation to and from me airport, ski areas and shopping Â¥-areas; RESPONSE: The RFTA bus stop is a short distance from the Property. The project is 0 toe, small for a shuttle just for its residents. 60840 ~ p / 1. providing on-going employee transportation services such as van pools or buses at no cost to employees; RESPONSE: The project is too small for a shuttle just for the resident employees. However, the contribution of $5,000 towards new buses will assist this goal. m. providing bicycle parking, showers and lockers for employees; and RESPONSE: The affordable housing unit will have a space for bicycle parking and the apartment will have showers and storage. 18 n. providing secure bicycle storage for guests and employees. RESPONSE: The Property will have a spaces for bicycle parking for guests and employees. We expect that visitors will ride their bikes and the provision of such area will encourage non-auto travel to and from the Property. 3. Promoting environmentally sustainable development: Residents of the Aspen recognize that the natural environment is one of the community's greatest assets. As a result, they wish to allow only that development that is environmentally sensitive and that promotes individually responsible, ecological lifestyles. The community seeks to foster a high level of consciousness relative to resource conservation, wildlife protection and environmental sustain ~~ilt~. These are a variety of ways in which a project might address the goal of promoting 7 , environmentally sustainable development, including, but not limited to the following: a. orienting building sites, streets and other project features in order to maximize )~ potential for use of solar energy and other renewable energy resources; 4 ;qt u8ern orientation. The design of the residence will incorporate passive solar features and RESPONSE: The building envelope is located in an area with excellent sun exposure and significant glass on southern elevations. The Protective Covenants will subject the Property to a 04 111 I requirement of passive solar design apd such excess insulation. 49 9 4?, t. -f <ilk'X -1 +83 9 9 9/jr, .. protecting and preserving existing trees and other mature vegetation during and 4-f aftefthe construction process, using fewer or cleaner wood-burning devices than allowed by law; RESPONSE: Wood burning devices will not be permitted on the Property. The Building ~~. Envelope and Development Area are designed to protect &11 existing spruce and pine trees. Some scrub oak and service berry trees will need to be removed to provide wildfire protection, however, these plants-@re not significant. Protective fencing will be utilized during construction \Â£/ to minimize ground disturbance and pfbteq~}rees and vegetation. The wildfire mitigation will 1*Â·4~ allow the reintroduction of aspen trees whicti haÂ¤ been overcome by the service berry and ~ / / gamble oak that will be removed. 4 1 Nd l removing or replacing existing dirty wood-burning devices; 4RESKONSE: There are no existing dirty burners. 11 93 19 73 d. increasing community access to natural and open space areas; 4 I RESPONSE: The application proposes to create a new public park with a drinking AID /buntain along the popular Smuggler Mountain Road. This will make the use of the Smuggler Mountain Road more enjoyable and will encourage its greater usage. The new park, with its . ~ picnic tables and panoramic views will itself become a new destination for people seeking access tt..i~~~aL-0pen-s~paE@EX new trail easement is also proposed to be dedicated. In addition, an ~/-'----Open Space and Wildlife Enhancement Area will be dedicated in the portion of the Property located uphill from the Development Area. Although the public will not be allowed within the Open Space and Wildlife Enhancement Area, it will be visually accessible to the public. e. promoting community recycling efforts; RESPONSE: The residence and affordable dwelling unit will participate in recycling programs. f. landscaping with low-water-use plant materials and using chemical-free landscape rnaintenance techniques; RESPONSE: The development will use natural grasses for revegetation of disturbed areas and for the proposed new park. Chemical free landscape maintenance will be used. g. employing measures that reduce PM 10 levels in the non-attainment area; RESPONSE: The driveway will be paved or chip-sealed or subject to dust control applications to prevent dust contamination. Wood burning devices are prohibited. A Protective Covenant will subject the Property to these requirements. The addition of one single family residence with an affordable housing unit will not have a measurable increase PM 10 levels. During the winter months, the most critical time relative to PM 10 levels, the road is snow covered, so there will be no additional PM 10 generated. < 4>r-3 h. preserving and efficiently using environmental resources during all phases o f V~ development, including types of materials used and future energy and material needs of the 'A1j project; Gil 1 ,4 A/--....*.- RESPONSE: The construction will utilize passive solar design and have insulation in ~ \~ of resources in construction. Renewable resources and non-scarce or threatened species of wood ' \ excess of code requirements. The voluntary limit on square footage (FAR) will help limit the use will be used. Water conserving fixtures and grey water system will be used to limit the use and 9 k disposal needs of the residence and affordable housing unit. 20 i. completely avoiding "1041" hazard areas and ridge line development~ -\-- 3 RESPONSE: The only 1041 hazard that affects the Development Area it severe wildfir@. eÂ« This can be easily mitigated by â‚¬1Â£2Iins,SEÂ® oak and service berry plants from the area within and near the Building Envelope. Other 1041azarastiataremapped on other portions of the Property will be totally avoided. The Building Envelope is the only developable location on the Property due to the absence of steep slopes. It is set-back from the ridge line and the residence will not visually break the ridge line, however, it will be visible. Some landscaping will be provided to lessen the visual impact. This is conceptually shown on Figure 2. j. enhancing existing wildlife habitat; RESPONSE: The upper reaches of the Property are at the edge of the mapped severe elk winter range. The Applicant is proposing to create an Open Space and Wildlife Enhancement Area in these portions of the Property. The mapped winter range area is sufficiently distant from the Development Area that no specific mitigation measures for activities within the Development Area are proposed. However, the Open Space and Wildlife Enhancement Area will have protective covenants that incorporate the provisions of LUC 3-80-80 B (1041 regulations related to Severe winter Range) and will specifically prohibit any development activity and dogs from this area. Please see Figure 5 for mapping of 1041 hazards and the proposed Open Space and Wildlife Enhancement Area. ~~l Howev~k.r., the proposed development does not conflict with 8040 Greenline issues. completely avoiding 8040 Greenline issues; and RESPONSE: The Property is located in the County, thus this standard is not applicable. completely avoiding Stream Margin Review issues. RESPONSE: No streams are present on the Property. These issues are completely avoided. 4. Maintaining design quality, historic compatibility and community character: Residents recognize the importance of design within the community's historic setting. It is a vital component of the community's economic well-being and cultural heritage. They believe that public architecture should support and enhance community life. Their goal is to ensure maintenance of community character through design quality and compatibility with historic features. These are a variety ofways in which a project might address the goal of maintaining design quality, historic compatibility and community character, including, but not limited to the following: 21 a. restoring structures listed in the inventory of historic structures; RESPONSE: There are no historic structures on the site. b. improving and maintaining the appearance and function ofalleys for commercial, office and residential uses; RESPONSE: There are no alleys on or near the Property. c. ensuring design compatibility with existing buildings in the vicinity ofthe proposed project, in terms of scale, massing, building materials, fenestration, other architectural features and open space; RESPONSE: The architecture ofthe proposed residence will, requirements, be similar to that ofthe house on the Silver Brick Mining Claim. The scale will be similar to other houses on Smuggler Mountain and the voluntary FAR and height limitation will ensure that the proposed development will not be out of scale with its neighbors. Open space is preserved through protective covenants for the upper reaches of the Property. d. including porches or other "pedestrian-friendly" features; RESPONSE: The design ofthe new residence and affordable housing unit will have porches. e. retaining and promoting eclectic and varietal businesses along main street that maintain and enhance the special character o f the historic district. RESPONSE: Due to the location of the Property, this is not applicable. f. ensuring the site's usability for social activities. RESPONSE: The proposed new Public Park will create a valuable amenity for the community and will become a gathering place for social activities. 22 IV - DEVELOPMENT EXACTIONS LUC 3-130. A. AFFORDABLE HOUSING. LUC 3-130-020. The free market residence will have 5 bedrooms which represents 4 persons pursuant to the standards in Figure 3-7 of LUC 3-130-050. The Applicant will provide one category two deed restricted attached two bedroom affordable housing unit for on-site housing mitigation. This represents housing for 2.25 residents, resulting in housing being provided for 56% ofthe residents in the development. This is almost twice the code's minimum requirement of 33%. B. PARKS/RECREATION/OPEN SPACE. LUC 3-130-040. New Park. The Applicant is proposing to create and dedicate a public park along the Smuggler Mountain Road which will have a beautiful view area with picnic tables and a water fountain for people and their dogs. The water fountain will operate seasonally whentemperatures permit. The park will have native grasses and new aspen trees. The location of the park is shown on the Site Plan, Figure 4 and is approximately 6250 square feet in size. Under the LUC the land dedication for this development would be 2859 square feet, e.g. 6.25 residents for the free market and affordable housing unit x .0105 acres per resident. The dedication of this public park exceeds the land dedication requirements of the Code. Open Space/Wildlife Enhancement Area. The upper reaches of the Property are at the edge ofthe mapped severe elk winter range. The Applicant is proposing to create an Open Space and Wildlife Enhancement Area in these portions of the Property. This Open Space and Wildlife Enhancement Area will have protective covenants that incorporate the provisions of LUC 3-80-80 B (1041 regulations related to Severe winter Range) and will specifically prohibit any development activity and dogs from this area. Please see Figure 5 for mapping of 1041 hazards and the proposed Open Space and Wildlife Enhancement Area. C. SCHOOL LAND DEDICATIONS. LUC 3-130-080. The cash in lieu of land dedication is appropriate for this Property. The Property is being acquired by the applicant for $1,500,000. The amount of land to be dedicated for school purposes for a 5 bedroom house and a 2 bedroom affordable housing unit is 1652 square feet. The calculation ofthe cash in lieu value ofthis dedication results in a payment of $3555.00 for this 16 acre parcel. V - SPECIAL REVIEW FOR AFFORDABLE DWELLING UNIT OUTSIDE THE AH ZONE - LUC 3-150-110 AND LUC 3-210. The proposed category two, two bedroom attached affordable dwelling unit will be not less than 850 square feet in size and will fully comply with adopted Housing Authority Guidelines. 23 This proposal fully satisfies the special review criteria ofLUC 3-210. The property is in the AFR-10 zone and an employee unit is allowed by special review. The Aspen Area Community Plan seeks to encourage the development of affordable housing. County Land Use Policies do the same. The zone district purposes are for residential uses. The character of the neighborhood includes affordable housing at the base of Smuggler Mountain and an attached dwelling unit will be compatible with the neighborhood. There will be no adverse impacts on the surrounding area or public facilities. The placement ofthis affordable housing unit will not: (a) endanger the public health, safety and welfare; or (b)injure the value of adjacent properties. CONCLUSION The development contemplated by this application is totally consistent with the character of the neighborhood and reflects the goals and policies ofthe Aspen Area Community Plan. Its creation of a public park in a popular recreation area, voluntary FAR and height limitation, attached affordable housing unit, open space and wildlife preservation elements and sensitivity to visual and environmental concerns represent an exceptional development standard consistent with and in many ways beyond the requirements o f the land use code. Respectfully submitted, KLEIN-ZIMET PROFESSIONAL CORPORATION By: 3*..7....'' HerbGrt K. Klein Attorney for Applicant 201 North Mill Street, Suite 203 Aspen, Colorado 81611 (303) 925-8700 stanger\gmqs. 1 24 FROM :HERBERT S KLEIN 970 92S 8700 1999-10-12 10:08 #805 P.02/03 CONSENT AND AUTHORIZATION TO PROCESS LAND USE APPLICATION The undersigned, with respect to her property located at the Result Mining Claim, Pitkin County, hereby authorizes Robert Stanger and/or his attorney, Herbert S. Klein and other consultants designated by Robert Stanger or Herbert Klein, including, without limitation, Grafton Smith, to process on her behalf an application for Subdivision, GMQS, Special Review, 1041 Hazard Review, Scenic Foreground Review, variance applications, and any other permits or land use applications necessary for the development of the property. The addresses and telephone numbers of the above named representatives are as follows: Robert Stanger, 1129 Broad St. Shrewsbury, NJ 07702, 732-389-3600 Herbert S. Klein, 201 N.Mill St.#203, Aspen, CO.81611, 925-8700 Grafton Smith, 0187 West Lupine Dr. West, Aspen,CO. 81611 925-7120 A facsimile of this authorization may be treated as an original. ~- Dated: October/62 1999 44 31 Â©u-~-Â« TULASI WILKINSON 0/ 41-pOe l,l (Phone) +I atanger\reault.cpa Â·FROM :HERBERT S KLEIN 970 925 8700 199 0-12 10:08 #805 P.03/03 CONSENT AND AUTHORIZATION TO PROCESS LAND USE APPLICATION The undersigned, with respect to his property located at the Contraband Mining Claim, Pitkin County, hereby authorizes Robert Stanger and/or his attorney, Herbert S. Klein and other consultants designated by Robert Stanger or Herbert Klein, including, without limitation, Grafton Smith. to process on his behalf an application for Subdivision, GMQS, Special Review, 1041 Hazard Review, Scenic Foreground Review, variance applications, and any other permits or land use applications necessary for the development of the property. The addresses and telephone numbers of the above named representatives are as follows: Robert Stanger, 1129 Broad St. Shrewsbury, NJ 07702, 732-389-3600 Herbert S. Klein, 201 N.Mill St.#203, Aspen, CO.81611, 925-8700 Grafton Smith, 0187 West Lupine Dr. West, Aspen, CO. 81611 925-7120 A facsimile of this authorization may be treated as an original. Dated: October ,Â£1 1999 G kk j i / 7An- 5**WIL*:IMMOM' 1/ + V V (770) 99-2427-6// (phone) stang.r\Tontri.qp, EXHIBIT A PARCEL A: RESULT, U.S.M.S. NO. 6044, AS DESCRIBED IN PATENT RECORDED IN BOOK 175 AT PAGE 225. PARCEL B: CONTRABAND, U.S.M.S. NO. 4471, AS DESCRIBED IN PATENT RECORDED IN BOOK 175 AT PAGE 187. ' FNT COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: 08/10/99 at 08:30 A.M. Case No. PCT14480 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-Form 1992 Amount$ 1,550,000.00 Premium$ 3,197.00 Proposed Insured: Rate: ROBERT A. STRANGER (b) ALTA Loan Policy-Form 1992 Amount$ Premium$ Proposed Insured: Rate: Tax Certificate: $10.00 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: TULASI WILKINSON, AS TO PARCEL A JAYA WILKINSON, AS TO PARCEL B 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: See Attached Exhibit "A" PITKIN COUNTY TITLE, INC. Schedule A-PG.1 601 E. HOPKINS This Commitment is invalid ASPEN, CO. 81611 unless the Insuring 970-925-1766 Provisions and Schedules 970-925-6527 FAX A and B are attached. AUTHORIZED AGENT EXHIBIT A PARCEL A: RESULT, U.S.M.S. NO. 6044, AS DESCRIBED IN PATENT RECORDED IN BOOK 175 AT PAGE 225. PARCEL B: CONTRABAND, U.S.M.S. NO. 4471, AS DESCRIBED IN PATENT RECORDED IN BOOK 175 AT PAGE 187. FNT SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to-wit: 1. Release by the Public Trustee of the, Deed of Trust from : TULASI WILKINSON and JAYA WILKINSON to the Public Trustee of the County of PITKIN for the use of : ROBERT STANGER original amount : $40,000.00 dated : August 6, 1999 recorded : August 9, 1999 reception Â·no. : 434229 2. Deed from : TULASI WILKINSON and JAYA WILKINSON To : ROBERT A. STRANGER 3. Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be recorded) 4. Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required by H.B. 1288 has been complied with. (This instrument is not required to be recorded, but must be delivered to and retained by the Assessors Office in the County in which the property is situated) 5. Completion of Form DR 1079 regarding the witholding of Colorado Tax on the sale by certain persons, corporations and firms selling Real Property in the State of Colorado. (This instrument is not required to be recorded) FNT SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1 Rights or claims of parties in possession not shown by the public records. 2 Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4 Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Reservations and exceptions as contained in the United States Patents recorded in Book 175 at Page 187 and Book 175 at Page 225. ~b( 8. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded February'3, 1984 in Book 460 at Page 353 as Resolution No. 84-9. 9 Terms, conditions, provisions and obligations as set forth in 6.1 - . Release of Easement recorded February 22, 1984 in Book 461 at Page 395. 10. Easement and right of way as set forth in Grant of Easement recorded p June 28, 1984 in Book 468 at Page 679 and 698. 11. Any and all rights to the subsurface (lying below 500 feet) owned by Edwin J. Smart, Harley Baldwin and Statemants Mining Company, their successors and/or assigns and as reserved in Deeds recorded in Book 698 at Pages 643 and 646. NOTE: By Deed recorded July 6, 1995 in Book 785 at Page 997 Edwin J. Smart and The Statesman Mining Company recoveyed the above reservation to Wilk Wilkinson and Tulasi Wilkinson. 12. Right of way and maintenance of Smuggler Road as set forth in, but not limited to the following instruments, Book 565 at Page 414, Book 573 at Page 482, Book 599 at Page 589 and Book 751 at Page 861. (Continued) FNT 13. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Protective Covenants for Pride of Aspen/Smuggler Mountain Properties recorded August 5, 1988 in Book 570 at Page 351, deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin. 24. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc., in instrument recorded July 13, 1989 in Book 597 at Page 313. 15. Mineral rights and all matters as contained in Deed recorded December 23, 1992 in Book 698 at Page 657. 16 Terms, conditions, provisions, obligations, easements, restrictions and all matters as set forth in Stipulation and Agreement recorded April 11, 1994 in Book 747 at Page 268. 17. Terms, conditions, provisions and obligations as set forth in Findings of Fact, Conclusions of Law and Final Orders recorded May 18, 1998 as Reception No. 416983. 18. Terms, conditions, provisions and obligations as set forth in Option Agreement recorded July 8, 1998 as Reception No. 419191. 19. Terms, conditions, provisions and obligations as set forth in Memorandum of Option recorded October 7, 1998 as Reception No. 422900. Notice of Termination of Option Agreement was recorded December 21, 1998 as Reception No. 425681. Notice of Invalidity of Notice of Termination of Option Agreement was recorded December 31, 1998 as Reception No. 426064. FNT ADDITIONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B-Section 1. (2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 89-2; NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condominim or townhouse unit) (i) of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage". Pursuant to Senate Bill 91-14 (CRS 10-11-122); (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent; (C) Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: A tax Certificate will be ordered from the County Treasurer by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. This commitment is invalid unless Schedule B-Section 2 the Insuring Provisions and Schedules Commitment No. PCT14480 A and B are attached. Adjacent Land Owners: Cindy All 1SOn 0401 Smuggler Mt Road Aspen, Colorado 81611 Chuck Rowars 0131 Smuggler Mountain Road Aspen, CO 81611 Robert Stanger 0450 Smuggler Mountain Road Aspen, Colorado 81611 New Smuggler Mine Corp. Gary Wright Wright & Adger 201 North Mill Street, Suite 106 Aspen, Colorado 81611 George W. Wilkinson Fidelity Trust Box 4067 Aspen, Colorado 816[1 Jaya Wilkinson c /0 Charles T. Brandt & Associates 420 East Main Street Aspen, CO 8 [611 Tulasi Wilkiiison c/o Charles T. Brandt & Associates 420 East Main Street Aspen, CO 81611 USFS Rob Iwamoto District Ranger Aspen Ranger District 806 West Hallam Aspen, Colorado 81611 Pitkin County c / o Job 17 -Ely Pitkin County Attorney 53() East Maiti Aspen, CO 81611 OCT-28-1999 TUE 10:08 AM -. FAX NO, P. 02 PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY DATE: October 6,1999 PROJECT: Stanger Subdivision, Conceptual Submission, Metro Residential Growth Management Quota System (GMQS), 1041 Hazard Review, Scenic Overlay, Special Review and GMQS Exemption for a Dwelling Unit Deed Restricted to AH Price, Income and Occupancy Guideline outside of the AH Zone District I.OCATION: The property is located on Smuggler Mountain and is referred to as the Contraband and Result Mining Claims APPLICANT: Bob Stanger REPRESENTATIVE: Herb Klein and Grafton Srnith PHONE; 925-8700/923-3977 PLANNER: Tamara Pregl PHONE: 920-5103 Type of Application: Conceptual Subdivision: Metro Residential GMQS, 1041 IIazard Review, Scenic Overlay, and GMQS Exemption for a Dwellilig Unit Deed Restricted to AH Price, Income and Occupancy Guideline outside of the AH Zelle District which requires Special Review. Detailed Submission and Final Plat will require subsequent separate applications. Description or ProjecUDevelopment: The applicant is proposing the following: â€¢ Subdivide the Contraband Mining Claim from adjoining mining claims and remerge the Contraband and the Result Mining Claims to obtain minimum lot area; â€¢ Establish a building envelope fur the construction of a single family residence; and â€¢ Establish an accessory building envelope for the conslruction of a unit to be reslricted to the Affordable Housing price and income guidelines. Areas in which the Applicant has been requested to respond, typcs of reports requested: Land Use Code Sections to be addressed in letter or request (application): Subdivislon and 1041 Hazard Review: Article 2, PoliCie5 Section 3-60, Environmental & Aesthetic Standards Section 3-70, Water Resources Section 3-80, 1041 Hazard Review â€¢ Mapped severe wildfire hazard â€¢ Adjacent [o mapped elk severe winter range â€¢ Adjacent to mapped potential avalanche â€¢ Geologic (slopes) Section 3-110, Improvements & Services Section 3-120, Impacts on Taxes & Management of Necessary Services Section 3-130, Development Exactioni â€¢ Parkg/Reercation/Open Space â€¢ Trails â€¢ School Land Dedication â€¢ Affordable Housing Section 3-150-110, Dwelling Units Restricted to Affordable IIousing Prices, Income and Occupancy Guidelines Outside of the AH Zone Section 3-180, Improvement Agreements Section 3-210, Special Review Metro Residential GMQS Section 3-16-020, Ceilings and Allotments Section 3-160-050, Scoring Standards Section 4-60-065, Scoring and Special Procedures and Submitral Deadlines OCT-28-1999 TUE 10:08 AM - FAX NO, P, 03 Stanger October 6, 1999 Page 2 Staff will refer the application to the following agencies: County Attorney, Zoning, Colorado State Forest Service, Environmental Health Department, County Wildlife Biologist, Colorado Division of Wildlife. Aspen Fire Proleclion District, I-Iousing Office, County Engineer, US Forest Service, Stare Geological Survey, City Planning. Nole: Colorado State Forest Service (970-248-17325) and the State Geologicat Survey-(303-866-2461) have separate jees. Review by: Growth Management Commission, P&7 and BOCC Public Hearing? Yes, Public Hearing at Growth Management Commission meeting (ioint City and County PAZ) Yes, Public Hearing at BOCC for Conceptual Subdivision, 1041 Hazard Review, Scenic Overlay, Special Review, GMQS Exemption for a Dwelling Unit Deed Restricted to AtI Price, Income and Occupancy Guideline outside of the AH Zone District For all public hear@s, a public notice sign shall be posted on tile property at least 15 days prior to the hearing pursuant to Section 4-90 orthe Land Use Code, The Applicant shal] mail notice.5 to all adjacent property owners at leaft 30 days prior to the hearing with the return address of the Community Development Department (a copy of notice shall be obtained from the Community Development Department), The names and addresses shall be those on the current tax records of Pill,in County 9Â§ they appeared no more than 60 days prior to the date of the public hearing, The Applicant shall submit n copy of the adjacent property owners with the complete applications. What fee i.4 the applicant requested to submit: Planning Office (deposit) S2,220 (additional hrs are billed at a rate of $185/hr); Referral Fees required.Â· County Engineer ($320). Housing Office ($320), Environmental Health ($320), Clerk and Recorder ($600) Total Deposit: S3,780 Please submit: A libr of adjacent property owners and 2 copies of the 'Agreement To Pay' form (dg.not include with each packet copy). Number of copies of the application and maps to besubmitted; 31 For a complete application, please include the following in each packet: â€¢ Summary letter explaining the request and addressing all Land Use Code standards listed above, â€¢ Consent from owner(s) to process application and authorizing the representative (ifapplicable). â€¢ Parcel description, including legal description and vicinity map. â€¢ Proof of ownership (from a title company or attorney licensed in the State of Colorado). â€¢ 24" X 36' Plat and maps in accordance to Section 3-20-020 ofille Land Use Code. â€¢ Legal access. The applicant should address access to the proposed building envelopes. m Copy of thi.i pre-app form- â€¢ Signed agreement form regarding possible time-frame for approval process (5ee attached) NOTE This preapplicalion conference summary is achisory in nature and nut binding on the County. The information provided in this summary is based on current zoning scondards and slogs inferpretutions based upon represwitations of the applicant. Additional informalion nlay be required upon complete review of the applicalion. OCT-26-1999 TUE 10~07 AM FAX NO, P, 04 Stanger October 6, 1999 Page 3 Stanger Subdivision Time-Frame Agreement Form 1, 4-â‚¬147 2 0 4, N , have been advised by County staff that tile approval process for this application may take as long as 18 months from the time a submittal is deemed complete due to the complicated nature of this application and/or the scheduling ofother applications submirted priorto this. By Signing in tlle space below. 1 r agree to the potential tinie-frame for approval. Applicafks Signature r FROM : Bruce A. Collins FAX NO. : 970 876 5397 Oct. 28 1999 04:31PM Pl COLLINS & ASSOCIATES GEOLOGICAL AND NATURAL RESOURCE CONSULTANT'5 P.O. Box 23 Â· 1116 AAINEOTA DRIVE SILT, COLORADO 81652 PHONE/FAX (970) 876-5400 bacolerof.net October 28, 1999 Grafton Marshall Smith 0187 West Lupine Drive West Aspen, Colorado 81611 RE: CON'TRABAND AND RESULT LODE CLAIMS, SMUGGLER MOUNTAIN, PrrKIN COUNrr Dear Mr. Smith: I have completed my review of previous reports by my associate, Nicholas Lampiris, Ph.D., regarding the subject claims, which were at the time (December 1987) being considered for two building sites, and have visited the proposed new single building site on the Contraband as well as the projected access thereto across tile Result. All of the proposed development is below Smuggler Mountain Road immediately above the last ofthe southern switchbacks on Smuggler Mountain east of the town of Aspen. Accordingly, this review will concern only those portion of the claims, which in fact extend a considerable distance both above and below this area of interest. With the exceptions noted below I found conditions essentially unchanged from those described by Dr. Lampiris in his reports of December 4, 1987, and therefore have little to add to the recommendations and mitigations set forth in his reports, copies of which you provided. As noted by Dr. Lampiris, surface cover is glacial moraine and is composed of unsorted and unstratified silt, sand, gravel, cobbles, and boulders of almost-exclusively Precambrian granitic and metamorphic rocks derived from the core of the Sawatch uplift immediately east. He suggests that bedrock in the area is probably Belden Shale, but information available to me indicates it is more likely PaIeozoic limestone and dolomite of either the Manitou Dolomite (Ordovician) or the Dyer Dolomite (a member of the Devonian Chaffee Group). Rocks at the surface around the prospect shaft located in the southeast corner of the building envelope appear to be characteristic ofthese units but not of tile Belden (and they are most certainly not part of the glacial material found here), and this interpretation agrees more closely with nearby exposures mapped as Paleozoic by Bryant (1971'). Assuming that bedrock is indeed older than the Mississippian Leadville Limestone and the overlying Belden Shale, the faulted contact between which carried the primary ore deposits of Smuggler Mountain, the possibility of abandoned mine workings beneath tile site is unlikely. Nevertheless, foundation design soil testing should be sufficient to establish the absence of such workings within projected foundation support span distances. 1 Bryant B.Â· 1971, Geologic map ofthe Aspen quadrangle, Pitkin County, Colorado: U.S. Geological Survey Geol. Quad. Map GQ-933. , FROM': Bruce A. Collins FAX NO. : 970 876 5397 Oct. 28 1999 04:31PM P2 PAGE 2 The presence of non-glacial material on the prospect dump also suggests that bedrock is shallower than might have been anticipated previously, perhaps as little as 10 to 15 ft at that particular spot. The building site itself appears to be located on a remnant of moraine or outwash terrace which is much thicker. Again, soil testing should be sufficient to establish either depth to bedrock or a depth sufficient to assure no hazard to proposed foundations. The building site itself does not include slopes exceeding 30%. The proposed driveway crosses slopes that may approach this limit. Considering the nature of the site I recommend that once an approximate route has been selected you consult with a qualified engineer to establish an appropriate access design. The sloped nature of the property will simplify drainage, although as always final landscaping and drainage should be constructed in such a matter as to protect foundations from surface or groundwater accumulations. As noted by Dr. Lampiris and as mapped by Bryant (1971) there are known faults in the area. Displacemen15 on the faults are unknown but substantial. There is no indication that there has been movement on any of these faults for thousands of years. However, earthquakes of up to Mercalli Intensity V!2 have occurred in the Aspen area within the last few decades: therefore, new structures should be designed and constrlicted according to the Uniform Building Code provisions for Seismic Zone II. Although rocks and soils in the area are not usual sources of radioactive materials, the residence should be designed and constructed in such a manner as to preventpossible accumulations ofradon gas. There are no rockfall or avalanche hazards mapped on the site. Care should also be taken during construction to assure that dislodged boulders do not present a hazard below the site. The property is in a somewhat geologically sensitive area, but with the proposed site design the hazard(s) to which the property is exposed can be minimized; nothing in this report, however, should be construed as suggesting that mitigations recommended herein can or will eliminate such hazards in their entirety. If you have any questions or require any further information, please do not hesitate to contact me. Sincerely. ,49,- .#gah. Bruce A linÂ¥. Consult Cdble t End. 17*66* '40FENSIONAL 2 Roughly equivalentto magnitude 5 on the more-familiar Richterscale. Earthquakes ofthis rnagnitude are felt by all, with damage from minor to moderate. -1 'gl:~~' C~~-It ff)) -6&44. A I 44-44) /,34.43414-.. )06 PI-88-0010 and PI-88-0011 ....... I \*\91 10 (9/ */ JOHN W. RO 7.- ROY R. ROMER GOVERNOR \4*.24t:027â‚¬ DIRECTOR COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BULDNG - 1313 SHERMAN STREET DENVER, COLORADO 80203 PHONE (303) 866-2511 JUL 8 1938 July 5, 1988 Mr. Francis Krizmanich Aspen/Pitkin Planning Office 130 Sourn Galena Street - Aspen, CO 81611 Dear Mr. Krizmanich: RE: SUGGLER MOUNTAIN ESTATES, PARCELS A AND B 4 4 We have received the mine subsidence evaluation and maps and have completed our review of the above referented proposals. We are in concurrance with the findings and recommendations of Dr. Lampiris and if his recommendations are followed, we have no objection to Ine approval of these applications. Yours truly, 10 bru<-0.~ 75 f.-' Jeffrey L. Hynes Senior Engineering Geologist bjj:Jul-89-001 3816/2 GEOLOGY STCHY O-THE = 197 -â€¢'r. Â·f , Nicholas Lampiris, Ph.D. CONSULTING GEOLOGIST 0554 HIGHWAY 82 CARBONDALE, COLORADO 81623 (303) 963Â·3600 December 4, 1987 i Wilk Wilkinson P.O. Box 4692 Aspen, CO. 81612 RE: Contraband Mining Claim Dear Mr. Wilkinson: I have completed my geoloaic investigation for purposes 01 House Bill 1041 of the building sites within the Contraband mining claim as shown on the accompanying map. The envelope is really divided into two building sites by a significant swale which trends east-west through the site. This is approximately one mile northeast of the Town of Aspen within the Aspen 7 1/2 minute quadrangle, Pitkin County, Colorado. 1 The two sites are on r,mmr-,ci+e sides of an old road in a swale. Both sites are on northwest. trending ridges covered a by aspens and native grasses. They are both high enough not to be affected by drainage and, c. L cni, v rate. the improved Smuggler Mountain Road will conduct water which comes off the mountain to the east awav from the ceneral vicinity via its borrow ditches ine geology of ttÂ·m c i + c - m m c i =+ c r-Â· I Quater'nary .aCe moraine 1 imaterial cÂ·f Glaci:er 'C" consistina of silts, C: a n A e .1 - m '. i Â·rn i Â·:- ' and boulders in an unsorted and unstratified manner. The underlying bedrock is most likely the Permian age Belden C h n 1 o a shale to calcareous Enale unit. The recional din is approximacely 45 to 55 deorees to the northwestâ€ž There 12 a fault in the area under the clacial cover. but there is no evidence in the area of activity alone this or other nearby 1 faults. 5 There are no drainage concerns for either site if the swale I or low spots are avolaed, but, at either site- the home should Le landscaned to divert any surface runoff awav. Soils encineerina studies have been performed in these same marerials in thiE vicinity and oerhaps some of the adjacent daia can be used to properly desion the foundation. As with other sites in this area, the Dossibility of near surface tunnelino needs to te investicated throush other sources. U Water for domestic use should be available throuah the development of a spring or well on the sites. Waste disposal should be easil-' attainable in these permeable soils through the use of a standard saptic system and accompanying leach field, but the Fitkin County Sanitation Engineer shoulo be consulted for Mis Specific recommencations. I do not believe that high ground water or near surface bedrock should be a concern. Access to either site should be readil'v available off the Smuggler existing road system. Either of these sites should be suitable for the development of a single family home if the preceding recommendations are followed. Please do not hesitate to contact me if there are further Questions. Sincerelv 1144144 P.ficholas Lampiris Consulting Geologist encl. RL/Clk â€¢ 1 ASPEN DAILY NEWS, Tuesday, January 11, 2000, Page 3 LOCAL City hoping to stop - 7 . :. I Smuggler development 7 Wilkinson at odds with project that we strongly feel should not f proceed through the planning process." r government - again county is the preservation of Smuggler 1 One of the major priorities of the city and ~\ By Troy Hooper Mountain and a plan to buy as much of the Aspen Daily News Stall Writer open space on the mountain as possible, A proposed development on Smuggler according to statements in the 1993 Aspen 64% t..43 /\ Mountain may get shot down before it even Area Community Plan and this year's revised 6 l. has a chance to work its way through the AACP draft - a document drafted by =._. fl Nfl Im-'Â·r~!1Â¥01~)~ county's planning process. residents and city officials that, in theory, ,Frk "111'fub Vt Aspen City Council unanimously governs the community's decision-making. W --4 ?t, 17,2 endorsed a letter Monday night to deny an , 10'a. "Smuggler is the last remaining i,~ . application to build a single-family house on undeveloped mountain side as seen from the b- .i # 1/ajagewil"im a parcel of land owned by Wilk Wilkinson, a gondola," the plan states. "It has increasingly ~ Wt,IN, -*Al-,f~FAWLIP- AWN long-time Aspen resident Who has a history become one of the highest used recreation , 92{ir '4471 't'iÂ·'01~Â¢2-~~22 7 / *1â€¢~4â€¢.a~51~~///// of land-use feuds with the city and county areas of our community" and is important to Â·~ n. * -9~art'~WI~~ I l.'U 2~:13111# governments. Mayor Rachel Richards was the community's "access to public lands and 4 LI ..â€¢-~ not in attendance. visual character." The proposed development is about one "It would really take away from the 2 third of the way up Smuggler Mountain and recreational experience," said City Parks 3 41 10 11 1 immediately above the highest visible house Director Jeff Woods. Woods also said about -4 1 --7=r 1 . 1,000 feet of road. including two Â£ i #4<1 ~ ~~ ~ oil tile mountain. i The proposed development is in the switchbacks, would have to be created and ~ Guest Messages county and the city does not have authority maintained by the county to allow the i iii its review process. City officials, however proposed development to have a driveway. 11)(. GrJola + Be.It rita. t . 1 say they are strongly opposed to its City officials also argue the development development and will send a letter to the does not meet a number of criteria required fÂ®kakA Pitkin County Commissioners and the to be accepted in the county's planning Planning and Zoning Commission asking review process, including a stipulation 1 ~ ~f \91'nd...., ~ At' (:.111'r 1,4,1 1 that the development not be approved. requiring developments to be near public /Â·1 (Afr orr'.Cr) 'ha. RVAy .2/:w The development is proposed by Robert transportation. The proposed project is at an ,4 9.1-ot) Citio 4-0 W.nci, St:inger, who already owns a home on elevation of about 8,350 feet and, in terms of Smuggler Mountain about 150 feet below the vertical feet, is quite a distance from the Stefanie Deutsch/Aspen Daily News proposed development site. If the nearest bus stop. Smuggler Mountain is also Skiers were disappointed to find that Monday's high winds brought development proposal were approved, in a severe wildfire danger zone. nothing but closures, as SkiCo was forced to shut down the gondola Stanger would buy the 16.2 acre land parcel The land in question includes two lots and the Bell Chair on Aspen Mountain. Snowmass was forced to from Wilkinson and build a 11,000 square- which already escaped the county's ~ shut down upper lift service as well. foot single-family home there. Stanger is subdivision process because they were offering to build a 850-square-foot created in a court-ruling during Wilkinson's affordable housing unit on the site and divorce settlement. Based on state law, the Castle Creek accident provide the county with a trail easement. sale to Stanger and a subsequent "The preservation of Smuggler Mountain development would not need approval T is a goal of this community and we hope it is because the development is on land greater victim wants guardrail also a goal of the county commissioners." than 35 acres. But Pitkin County's growth said Aspen Community Development management allocation process, which acts By Kathleen Carlson et-nbankments, one accident victim Director Julie Ann Woods. "There are some as an extra-layer of development approval, is Aspen Daily News Staff Writer wants a guardrail set up. benefits they're throwing out there but in forcing the proposed project to meet the After four accidents in seven Scott Kirkwood, a local comparing the application with the Aspen scrutiny of county planners. days on Castle Creek Road bartender, said although his ~ Area Community Plan this is exactly what Neither Stanger or Wilkinson could be involving three Â·vehicles that fell we don't want to see happen. This is a reached for comment. between 75 to 175 feet off See ACCIDENT on page 4 .........................=...=... Galaxy Quest Man on the Moon Any Given Sunday Stuart 1.ittle The Green Mile Adults $6.75 Alamu,c~ /6 enÂ· Da,Â· 920-1300 AikowlÂ®p 12:35 2:30 5:10 7:30 9:35 12:25 3:30 7:00 9:25 12:45 4:00 7:15 12:50 3:(10 5:00 7:00 9:00 12:30 4:05 7:45 Seniors & Kids Ilighway 82 at the (R) (R) (])(i) (R) Matinees $4.75 IiI Jebel Stoplight in Â· 1/13 ~ I I .............................. .... 0. 11 L*CALS * mi .. APPRECIATION * 44 0 I SPECIAL 0.4 - A 1 -1.41....,rE==un A . FREE PARKING Across From the Post Office ~~~ * *0 920-9280 * 465 North Mill St. * Aspen * pridesnowboarding.com SNOWBOARD SMOP SNOWBOARD SMOP SNOWBOARD SHOP SNOWBOARD SHOP .-- -- Page 4, ASPEN DA/LY NEWS, Tuesday, January 11, 2000 - 1 1 " LOCAL A . . e. 1 I .. . 1 ... 0 ......: Monday - Thursday, January 10- 13 City may crack down Snow Falling On Cedars Stuart Little ' PG on parkingiD6i;Â®* PG-13 5:00 7:30 9.35~ 4:30 7: 15 10:00 By Troy Hooper , / Although a*fitted automobile ' Cider House Rule) â€¢ PG- 13 Aspen Daily News Staff Writer g \ I\ -- advocate Coundilr~n Tony Hershey Any Given Sunday 4:00 7.00 9:45 \~ ': In an attempt to eate thelity's did not disagree u>(th Markalunas' crowded streets, city offilials are suggâ‚¬stion,hlitsaid fe would only R Anna 6 The King â€¢ PG -13 considering implementing,ban extra fee suppoN a lak th*t alloked residences 4: 15 8:00 4:45 8: 15 ~ to penalize residences with more than up to Avo filÂ¢e rkighborhood parking None vehicle. ./ / pdgllits. '\ L'/ ~\Aspen .-City Councilman rptilll 'rrkqaical American family owns 0, 1 11 111 Makkalurias recommen,Â£10Â©d-allcf#itiÂ¢\ twoUrs, he said. rekidences one frep*Ueel,>RaHOnA J Th~e are 3,000 st~ket parlting per#lk an~ chargingkesitieilMe~fd# j permits available tocity re*dents dach ey6ry Da@lit requds*d theki:AftsÂ¢ / year, according. te a citj parking .Currently ~*ce is ne \*e fUr kity official, and this yette citj ga~ out r-L-////'-1/LM 1 / residents to @btÂ¥in a par*pg//permit all 3,000. 2\ \ ---1 0*TRIF-Li,j-Ir-,1,-11-1--1,-,-r, and residents ch*:.cobt?iINNW many Only 5.4\pe?b~pt~f those Armits ,Â®111.â€¢11:..,11.1.F. ,Â·,Â·il.,=1.-~â€¢J-Â»I<.B-llli F 11 1 ~ - i ,' permits as they cabogr*id~vehicle were sold totÂ°#44013* withÂ®ree or registrations for. Nk\ vitore gars aqd oi~ly 2 petcent of The Talented Mr. Ripley (R) a 1:30 4:30 7:30 10:15 "There needs to be sbhle kind of /bermit-Iholdink households owned limitation for residential*permits," 1 four a~ orjmbre. Ninety/percent of Man on the Moon (R) KE# 1:15 4:15 7:15 9:45 Markalunas said at MondaÂ©Right's CpefFY>s \were given 76 two car council meeting. "If someone Â»nt to housÂ®olds. .. have a fleet of automobiles,\Â¢N RÂ¢newals for neighborhood parking The Green Mile (R) 12:00 3:30 7:00 10:30 should be charged appropriately." \\ pernlits will begin~October. "It behooves all of us to practic2~%â‚¬EIE.E.9.ESil..uft animously agreed to conservation in our day to day exfjore implementing possible *************** lifestyles," he said. "Thousands of parking permit fees and plans to acres of asphalt are prevalent in our explorb the issue in an upcoming commercial areas to accommodate the council work session. Mayor Rachel automobile." Richards was not in attendance. .the * Four accidents in seven 1 tie.J, Earth'77/Wireless : ~ays on Castl~,Creek ..'-. 'bur doots'R AccibENT from page 3 drivi southbound on Castle Creek Road on Jan. 1. After falling down the FREE LONG DISTANCE injuries were 1ninor - a stiff neck and e~bankment located about one mile sore arms and shoulders - he wants a /horth of Little Annie Road, Sato's 2 FREE Phones Sharing 200 Minutes guardrail put up ali* one-half mile.' Subaru Outback was airborne for another $39.99 per month Â» upvalley from Conundmp Valley, On 80 feet. Sato sustamed minor injunes. Jan. 6, Kirkwood fell about~ feet down Pitkin County Public Works Director , an embankment, rolling liti (Dilevy Stan Berryman said the county will look -3 'B Ul Crâ‚¬ dits i Â°- Silverado nearly three times, aObording into the location on Castle Creek Road to , FREE LoNG DISTANCE I ,/.' . -1 \ to a Colorado State Patrol reporÂ¢ A determine if a guardrail would be INCLUDED ON THESE PLANS 300 MINUTES FoR $39.99 "Yeah, I'm OK. Nobody betievesltâ‚¬ helpful. Kirkwood said. "It was like being Â®4 "We always try to look over our , -- yil 400 MINUTES FOR $49.99 outer space where nothing#lias gravity. ~ounty road system. We try to remedy 700 MINUTES FOR $79.99 * - - t Things are floating by, ~Windows are fm (unsafe conditions)," Berryman 1000 MINUTES FOR $99.99 ...-1 1 blowing out. My eyes were,opening and satqi closing because I was s6 freaked out." "Â¥*@ do live in the mountains and we ; A#ke every area safe," Berryman FREE 1,500 MINUTES His accident occgfrgd' less than 24 can't 1/6if- FREE PHONE hours after another Â®cident at the same added. \ -i -- location. A driv* ahd passenger fell Colon* State Patrol Trooper Rich FREE CAR ADAPTER , ././*/fi i about 100 fee,t ,/off of the same Duran sai most accidents happen --I-kil FREE LEATHER CASE embankment. @ither the driver nor the because of *river error, but said a FREE EXTRA BATTERY passenger wore seriously hurt. The guardrail woult prevent the vehicles Colorado, State Patrol did not have a from launching iff of embankments. t*p1Â£ r FREE CALL WAITING ' -3~EÂ¢CD.- 2- f.-- r ~ : *1< 2 -2 , report processed on this accident as of Duran said it's not unusual for people to FREE VOICE MAIL : 4-A fi- 1 - 4 Monday afternoon. fall that far and not be seriously injured 1 ./. -1. FREE RESCUE FOR 3 MONrlÂ·]S ~~- >7<Je- : Two more accidents on Castle Creek because of the snow. Road ocetitred last week, one on Jan. 1 "In the winter there are usually more and another on Jan. 7. accidents, but they are less severe," FREE PHONE AIRTOUCHâ„¢ Setsuko Sato fell about 175 feet while Duran said. Cellular NOT A FREE PHONE Authorized Agent -/0 Glenwood Springs Basalt Aspen i â€žI'll":Slill'llill/Â£2016'll.1:5:Wil"""Illil""biLI'll 945-0600 927-0900 920-0080 ......56=4/ Imuvmul........... 2800 Midland Ave. 211 Midland Ave. 220 West Main St .. 500 =tra minutes comes as 500 oil-peak minutes per month for 3 months.. Free Voice Mail on 49.95 plar. Free Voice mail for 3 monlhs on plans under $49.95. Promotional calling plan offer available 1/1/00 10 1/31/00 (OAC) Minimum one year service igreement required for new lines of ser- vice. AirTouch ONE-BILL long distance may be required see offer. Long distance and roaming charges are not included in promotional plan airlime allowances. A~kne included on a plan applies b calls made in your Home Rate area. Airlime is limed hin when you press SEND to few seconds after you press END while the network confirms completion of your call. Airtime, roaming and long distarte are billed by rounding up to the next full minuteÂ»,0 the nulnber of minutes billed may vary from the actual minutes of use. See calling plan broch! i e and contract terms and conditions for billing amt,ther information. 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'..3 Prepared by: Grafton Marshall Smith Date preparec '. / / / 35,1,1,1 1-- f Â·j: 3 )1[ r=1 -~14~333--2#Ed))22Â·32EFEE#zlia&Ef162400~41 . . v ... .... .: .. .. . - : * - . - ------ -- - ........ jaed On, AC 1 --- 'f< : . Pwv-viâ€ž%,pir.<~fwil . 4 0 /tr,edEE- 4-*IbAliVallnpA#MmaNKI~ - . h . . A.=La 4 T . , .. $ .. 11 1 . ... 0 . R#//Aul'WI,19.-- , &0.- 5 /4-0- -- ,"/fil.Al"IMI.I. -- 44- 9..:4:-mj/all . ***ft-A/ Ill 4~*196.- fz- ... .9, 24*mililillilillimmilielillil~mil~~~~lixilillillillillli~il'liliLIE ..1- - I. e . 7 X /7 3 1.- --5 r 1 .: 0 . 0 0. ... 1 ,4 0 1. 7.47/74Â¥â€¢ .. .. 0. 1 1 1,1 0 . 1 . ... . ... '**44 D--0. - .- . .... 1 . - 1 1 ..1 - ........ . W - - . 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N <2* /\..\IN ,%* )...14-71-LUL ------ 42.barved.*3#*pic: 2-ZED-X. 525 . 4/0 56----*-- - ---- --- --- ------ Â«41Â»44*.01<\60 /1/ 455-=SLEEEart=Z- 2 2=92--tfk~ 4=---.-- ------ -14*44~94Â©r~ --1-2.-v -95~ i \ (27~------E-4-&61 /~/ /~ 96424~01=9*UÂ«=22=424949Â© - '923~ --- - L * 4,1 35536~4.36 + -- 33 2-Ja<<r _ -/-_...~--~g:S==~, --latoitaiÂ»Â«:st--- ---- Â«---*r~Â»0-Â«22-20* ti-9 SITE PLAN MAP 2399 50 Stanger Subdivision -/ 0600 Smuggler Mountain Road *~p~4Â·Â« 2 -CN>2. Applicant: Robert Stanger 6292â‚¬99>-i 0450 Smuggler Mt. Rd Â»22â‚¬0 Aspen, Colorado 81611 2Â»49 2-C> (970) 925-5527 123*59Â» M5 k -)--*Tr- Location: Contraband and Result Claims are situated in Sections 6 & 7, Township 4962 10 South, Range 84 West of the 6th Principal Meridian, Pitkin County, Colorado 53;~%-~ Type of Application: Conceptual Subdivision, Metro Residential GMQS, 1041 ~ Hazard Review, Scenic Overlay, Special Review for a Dwelling Unit Deed Restricted to AH Price, Income and Occupancy Guideline outside the AH Zone 14~ Distnct. Prepared by Grafton Marshall Smith I)ate prepared: October 26, 1999 312352 - - N- -5.0,-AN#&// - _24-62=944----- .* C.kir.L+~EFE#TEEE:ILFIgzf39ra8F --f:FiE#jIFEIEEZ:fittioj~*533~Â»190Â«22Â»fr--_=-v--------/0~5---fift, : 27}1 1 f <,* ) } 1 1 j 1\~1 1 ZONE DISTRICT AFR-10~ r 2463/-zpssinfl ~ - &>CE>CZE=n--2.U,K .1/j// / /.// j 11/111 2 }\ / /'11 4 1 .'' , /1 6,1/ "v , 3 ti#ki \ \\witti r.:...,,, 1:,i, â€ži,uum//mim ........ . tl Fpet \ \ i' \ 3~ 4 L\.\\, H . . t t - - 4.5'hria.,9,74 :' /,e, .. - .. . 11 1 . ..#:Aa':24.,t ... '....8 A-?mt 0 .,11/1//:12/0//10/'.&7'lill'll//7 I. 1.......................4:44.hill" 1. i.... . ..4- 40/4,9,- - ... : . 4,1 -**44 ALI 0..04#.a:~:940.im-,--1,1~07*-Pil~:.111."I~.I~- 4 .*e.,<44*2<2~hi/0f~.~L-.IME~v ~ =7 , . ' . b.0.. : Mit r := 42'-.-1 6.* /151 4#p 1<4 011 1 :11 -0/- 1. 1- - .1 - I D. i .1 - . 8:8.1/58 - ~* .... 4,0/ 11 LEGEND (~~ 1 3 1 1 1 1 FOUND THIS SURVEY, 5/8" REBAR AND CAP MARKED, PESMAN LS 2876 FOUND THIS SURVEY, BLM BRASS CAP ~~ ~ FOUND THIS SURVEY, ORIGINAL STONE \ SET THIS SURVEY, 2" ALUMINUM j . CAP ON 3/4" DIAMETER REBAR MARKED, BANNER LS 25954 SET THIS SURVEY, 1 1/2" ALUMINUM MARKED, BANNER LS 25954 I CAP ON 5/8- DIAMETER REBAR 4%10. 1 1 FOUND THIS SURVEY, 3 1/2" ALUMINUM /* O CAP ON 2 1/2" PIPE MARKED, BANNER ASSOC LS 20632 \\ SET THIS SURVEY, 3 1/2" ALUMINUM / A CAP ON 2 1/2" PIPE MARKED, ,/ | BANNER ASSOC LS 25954 // 8 FOUND THIS SURVEY, BARE 5/8" REBAR 4/ 7 1 1 S 1/16 FOUND TM\% SURVEY, 5/8- REBAR SEC.7 AND CAP MARKED, TRI COUNTY 4 EAST L LS 9194 , /+~t~ /C> (t/ \ 2 /*47/ WI IQR/1 /04 / l j CONTRABAND g~ 4471 \\ 34\ 4Â» \1 1 9.279 ACRES + ' 4/. \\ </ (4\ \\ \ 1 1 SEE SHEET 2 OF 2 9 \\ < \11 \ / 2 1 4 \ '4; f/ 1 1 11 4., ACCESS EASEMENT SMUGGLER MOUNTAIN ~ - ROAD BOOK 747, PAGE 268 \ 4 1/ i 4 SMUGGLER MOUNTAIN 1 5 -... \~ ROAD, BOOK 747, PAGE 268 4 \1 10 - N--1Â» I \ 111 \ ' ''515 1111 815 1 /1 \1\\ - 1 1 1 #12M 2/ _~_Â« - 1 il )1'j \2\ 111 lig . :1 6I / 1 3 \ 1 1 i // 1 '06, 9 0% S 5 A% \ fl# 66, 402 47Â· 149.d) 1 -1- 4 TIE TO UTE NO. 4 / ~ S 56Â° 40' 48" W 2307.61' TIE TO UTE NO. 4\ 1 3 S 56Â° 34' 44" W ~ ~ ~t~k~-- -- ~ 2473.11' RESULT UTE NO. 4 \\ CHISLED X ON 10'f DIA. BOULDER \\ 6044 JOPLIN 59/4 1 Â« Â«\ 13 /f-- \4/ 1 1014.98' '99 LODE 6899 ROBERT 604214182 Community Development Director: 4 Hearing Officer: N C 0/~ 83 , SW COR -- SEC 7 T 10 S., R 84 W. ~\ Board of County Commissioners: 6 TH P.M. Disclaimer: "1041 Environmental Hazard Owner: Areas exist that might affect the property, any improvements, and the use and occupancy thereof." DRAWN BY: F.J.B. BA~NER STANGER SUBDIVISION: M SUBDIVISION, 1041 HAZAR Owner: BANNER ASSOCIATES, INC. O C0NSULTING ENGINEERS 8 SURVEY0RS CHECKED BY: J.M.K. 2777 CROSSROADS BOULEVARD 0 GRAND JUNCTION, CO 81506 0 19701 243-2242 GMQS EXEMPTION FOR DE !,L 0,7 ... >4 + 12*0121 .le 08* 3 .Â£2.00.00 N .92.4 0 N .Â£9929 01.00 N 3 .Â£010.00 N POJ\2:360-44\dwg\SURVEY Mon Jul 19 16: 53: 22 1999 Banner Associates. Inc., - FJB .... 4$ /* DESCRIPTION OF THE CONTRABAND MINING CLAIM / The Contrabond lode mining cloim, Lot No. 447I in the Rooring Fork Mining District, Pltkin County, Colorado os said mining claim Is recorded In Book 175 ct / Page 187 in the office of the Clerk and Recorder of Pltkin County, Colorado. / Sold Controband mining claim is situated in Sections 7 and 8, Township 10 /~ South, Range 84 West of the 6th Principal Meridian, Pltkin County, Colorado and 44 Is more porticularly described as follows: ,/2\ %046 Commencing ot Corner No. I of sold Controbond mining claim whence U. S. 1 . t.- \0 S 34' 11' 43" E, 1.72 feet to the point of beginning being on the line 4-1 of the locating monument Ute bears S 56' 34' 44" W, 2473.It feet; thence 4./ \0 44:/ Silver Brick lode mining cloim, Lot 3952 in sold Mining District whence Corner 0./ 00 :\ 10 No. I of sold Silver Brick mining cloim bears S 56' 36' 47" W, 73.75 feet ; 4 1. Thence N 56' 36' 47" E, 1318.33 leet along line 4-1 of said Silver Brick // -25.13' Ay ./ e / mining claim 10 Corner No. 4 of said Silver Brick mining claim being on line 4-1 / 6.1 , 0 / of the Joy Gould lode mining claim, Lot No. 1794 in sald Mining District; 2. Thence S 45' 15' 12' E, 152.66 feet along line 4-1 of scid Joy Gould mining 1 ' claim to Corner No. 4 of sold Joy Gould mining claim; 44 , 3. Thence N 44' 35' 40" E, 156.42 feet to line 2-3 of sold Controbond mining ' 90 .DO .869. claim: / 4. Thence S 340 25' 03" E, 154.73 feet to Corner No. 3 of sald Contrabond / 4.6. 2 # Â·A / mining claim; 4. 6 0. / e. e + 0 1 5. Thence S 55' 54' 08" W, 99.15 feet along line 3-4 of said Controbond mining claim to line 1-2 of the Victor lode mining claim, Lot No. 6000 in sold Mining 4 /0 / District; S 55' 35' 23" W, 5I7.79 feet to the east line of sold Section 7, 6. Thence continuing along line 3-4 of said Controband mining claim 41 3 'OP 7. Thence continuing along line 3-4 of sold Controband mining claim 6A S 55' 36' 10" W, 569.36 feet to line 3-4 of the Result lode mining clcim, Lot 0 430 No. 6044 In sald Mining Distric 1. 8. Thence continuing olong line 3-4 of soid Contrabond mining claim S 55' 420.32" W, 315.22 feel to Corner No. 4 of said Controband mining claim; 9. Thence N 340 25' 03- W, 297.05 feet olong line 4-1 of sold Controband mining claim to the point of beginning. Soid Controbond mining claim os described above contclns 9.279 acres more or INE less. 4 DESCRIPTION. OF THE RESULT MINING CLAIM 2, PORTION A That portion of the Result lode mining claim, Lot No. 6044 in the Rooring Fork Mining District, Pltkin County , Colorcdo as said Result mining claim is recorded In Book 175 at Poge 225 in the office of the Clerk and Recorder of PltkIn County, Colorado lying south and east of the Controband lode mining claim, Lot No. 4471 in soid Mining District. Soid portion of mining claim is situated In Sections 7 and 8, Township IO South, Range 84 West of the 6th Principal Meridian, Pltkin $4 Â£~ County, Colorado and is more particularly described os follows: ... f 4* Commencing at Corner No. I ot sald Result mining claim whence U. S. locating 4, P 1.1. . * 04 1 1, 46 monument Ute beors S 56â€¢ 40' 48" W, 2307.61 feet; thence S 66' 11' 13" E, ~ 4444 & ~ Siow a,,n,~ ~ r ** 300.05 feet along line 1-2 of sold Result mining claim to the point ol beginning being on line 3-4 of sold Contraband mining claim; 441 41 1. Thence N 55â€¢ 420 32" E, 295.31 feet along Hne 3-4 of sold Controbond mining 4'V 8'ry claim to line 3-4 of sold Result mining clolm; SWâ€¢ 4 + 2. Thence S 660 0' 58" E, 58.07 feet along line 3-4 of sold Result mining claim 74 . 4 to the eost line of sold Section 7, 3 *titute 44 ~ tar 3. Thence continuing dong line 3-4 of sold Result mining clolm S 66' 09' 59" E, 638.60 feet to Corner No. 3 of said Result mining claim; I h.. * ROJECT 4. Thence S 55â€¢ 25' 14" W, 296.01 teel to Corner No. 2 of sold Resull mining claim; W SL Wood Rk n, 4 2 TION 5. Thence N 66' 11' 13" W, 1014.98 feet along line 1-2 of scid Result mining 4 claim to line 2-3 of the Joplin lode mining claim, Lot No.5914 in sold Mining District, 4 St ying Sl. *leâ€¢ S' 6. Thence N 140 50' 29" E, 5.24 feet to Corner No. 3 of said Joplln mining 6 4 .. ' ~ Claim, Mwoon Cleek Rd. . 23, C i 0 7. Thence N 74' 54' 36" W, 34.I6 feet along line 3-4 of sold Joplln mining Claim '4%4 5 to line 1-2 of sold Result mining cloim; S. m k 8. Thence N 66' It' 13" W, 101.01 feet to the point of beginning. 1 a %0 4 Â£ 4 4 69 4 4 4. 6 y Portion A of sold Result mining claim as described above contains 6.647 acres S Â¢* S more or less. 1 &740* 4114 k ! PORTION B St. tile That portion of the Result lode mining claim, Lot No. 6044 in the Rooring Fork u-K' Mining District, Pltkin County , Colorado as sold Result mining claim is recorded i in Book 175 at Rage 225 in the office of the Clerk ond Recorder of Pltkin County, t St. G,ove No. 4471 of said Mining District Sold portion of mining claim is situated in ent I. Wet 8 Colorodo lying south ond west of the Contrabond lode mining claim, Lot N 441 (/t~ 4 Wes,vie e Pitkin County, Colorado ond is more portkularly described os follows: Section 7, Township 10 South, Range 84 West of the 6th Principal Meridian, Abs pl 40 ark /1 tv - f- 9 Commencing at Corner No. 1 of soid Result mining claim whence U. S. locating Stal 1.*e REL 1 monument Ute bears S 56' 40' 48" W, 2307.61 feet: thence S 66Â° 11' 13" E, *re. 169.90 feet along line 1-2 of said Result mining claim to the point of beginning being on line 2-3 of the Moscotte lode mining claim, Lot No. 5867 In said Mining District; 1. Thence N 45' 04' 23* E, 44.16 feet to Cornei No. 3 01 sald Mascotte mining ASPEN 2. Thence N 45' 00' 29" W, 138.73 feet along line 3-4 of sold Moscotte mining 9& claim; clolm to line 4-1 of said Result mining claim; 3. Thence N 55' 35' 54" E, 31.49 feet along line 4-1 of said Result mining cloim to line 4-1 of the Silver Brick lode mining claim, Lot No. 3952 of said Mining District; 4. Thence N 56' 36' 47" E, 26.68 feet along line 4-1 of said Silver Brick mining VICINITY MAP Mining District; claim to line 4-1 of the Contraband lode mining claim, Lot No. 4471 of said S 66. 5. Thence S 34* 11' 43" E, 265.15 feet along line 4-1 of said Contrabond mining 09' 6. Thence N 66Â° Il' 13" W, 142.58 feet to the point of beginning. claim to line 1-2 of sold Result mining claim; 69" 2 Portion B of said Result mining claim as described obove contains 0.256 acres 638.60' more or less. a Ree '04:04 r Notes: N 6Â·6Â» 40/v 404 4 1. NOTICE: According to Colorado low you must commence ony legal action i based upon any defect in this survey within three years after you + first discover such defect. In no event may any action bosed upon 3 I ony delect in this survey be commenced more thon ten years from the date of the certification shown hereon. 2. BASIS oF BEARINGS: The line between the intersection of the southerly \DI line of the Controbond, M.S. 4471 and the eosterly line of Section 7, Township 10 South, Range 84 West of the 6th Principal Meridion and the intersection of 6 4 096. Controband, M.S. 4471, as shown hereon is assumed to have a bearing of the northerly line of the Result, M.S. 6044 ond the southerly line of the S 55â€¢ 36' 10" W with 011 other beorings shown hereon being relative thereto. 3. Reseorch for eosements of record was conducted by Pitkin County.Title, Inc. - SW COR 2 SEC 7 Case No. PCTII052C2 doted March 3, 1999 and Cose No. PCTIIO53C3 dated T 10 S., R 84 W. April 22, 1999. 6 TH P.hi. SURVEYOR'S CERTIFICATE 1, Jonothon M. Kobylarz, o Professional Land Surveyor licensed 6 under the lows of the Stote of Colorado ond on employee of Banner )0â€¢ 57' 05" W shown hereon ond the field survey from which it wos prepared were Associates, Inc. do hereby certify that this Land Survey Plot as 48' C mode under my direct responsibility, supervision ond checking, and ore true and correct to the best of my knowledge and belief. N 00* 32' 08" W - 40.97' IN WITNESS WHEREOF I hereunto affix my hand and official seal Art.,1,4 FEET 100 0 100 FEET mis ___10&9.*,4,ph duly , A.D, 1999. 1 SC?LI: I TH ?2-FEET 7 . P.L.S.1 4â‚¬6*4 4Â¢/04'Al LAWL Â·.,4 [ETRO AREA RESIDENTIAL GMQS, LAND SURVEY PLAT OF D REVIEW, SPECIAL REVIEW & CONTRABAND, U.S.M.S. NO. 4471 AND RESULT, U.S.M.S. NO. 6044 . - ED RESTRICTED DWELLING UNIT PITKIN COUNTY, COLORADO .... 0*\8 ........ d t 'q S ........ Vm{L 01/R i 6. . /1 .il-'lli- / .. ., A 0 (20/ I . .. 1\ 1.1 . I 1 2'k -/ L A . .1 . 0. 1 .1 .0 - 0 )' 4 A .. 'L.' 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TON MARSHAL SMITH August 20, 1999 Ed VanWalraven Fire Marshall Aspen Fire Protection District 420 East Hopkins Aspen, Colorado 81611 Ref: 0600 Smuggler Mountain Road - Contraband & Result Dear Ed: I would like thank you and Orrin for taking the time to meet with me vesterday. My understanding of what we covered is that your fire equipment would be able to access our above project over the Smuggler Mountain Road as currently aligned and that the following criteria needs to be considered in the design of the driveway from the road to the building site. All season surface 50' turning radius & 13' 6" overhead clearance 16' wide driving surface if house has sprinkler system (would like to see detached unit sprinklered also) Some method of equipment turn around at end of driveway - per code 10' x 30' pull off designed into the driveway - unless roadway is 20'wide Radius entrance off Smuggler Mountain Road uphill as well as down Would you please send me a letter confirming this for my file and include an estimate or response time. I will be back in touch after I receive Vince Urbina's report on mitigation of the wildfire haza rd but until then if I have missed anything or if you have any questions please feel free to call. Sincerely, 92> 92*D.4 62Â·204: ':ikÂ·-,Â·im .'.:AfÂ·*. * Â¥ !Â·2464 Â·*12!r. f i :10.3 1 5 7 ..., ,:i-- 13 --9 4 3 1 -1 4 -1 /3 ~ M -fr' 0 13 1 0 rid fo~ f i b 4- .7 -6 :i .9 3 1 '2?1,72 9 jrlim ji-/ 1 i /1 i U. 221 L f~ ' '-9 1-1 1 8 71 rn i ? .t i V L 0187 West Lupine Drive West â€¢ Aspen. Colorado 81611 â€¢ 970 925-7120 970 925-1829 (Fax) â€¢ gmsaspen@aol.com 11/03/1999 14:24 19709251829 GRAFTON M SMITH PAGE 01/01 08/04/1999 16:25 970-9 422 CHARLOTTE SNY: PAGE 01 9, Energy, inc. 0098 County Road 180 INERGV Glenwood Swings, CO 81601 070) 922â€¢0401 Office (970) 928-0408 FAX August 4,1999 Granon Smith Re: Result / Contraband ProJect - 0600 S,nuggler Mountain Rd. Dear Grafton, This letter is to verify that we have received and reviewed the design drawing for the project. We have found the designs are acceptable for our needs and we are capable of providing this project with gas service based on these apecltications. Should you have any further questions, feel free to contact me at 928 - 0408. Thank you for your interest in our product natural gas. Sir~krely, 1 Al V C A \.-1/41\ FLUÂ«--5 inreeve t r EROSS ~ 3799 HIGHWAY 82 Â·PO. DRAWER 2150 0 GLENWOOD SPRINGS, COLORADO 81602 (970) 945-5491 Â· FAX (970) 945-4081 0 2 'S-5-50% O July 7,1999 Mr. Grafton Smith 0187 West Lupine Drive Aspen, Colorado 81611 RE: Smuggler Mountain Tap Dear Mr. Smith: The above mentioned development is within the certificated service area of Holy Cross Energy. Holy Cross Energy has existing power facilities located on or near the above mentioned project. These existing facilities have adequate capacity to provide electric power to the development, subject to the tariffs, rules and regulations on file. Any power line enlargements, relocations, and new extensions necessary to deliver adequate power to and within the development will be undertaken by Holy Cross Energy upon completion of appropriate contractual agreements. Please advise when you wish to proceed with the development of the electric system for this project. Sincerely, HOLY CROSS ENERGY -022 Buzz Quaco, Staking Engineer BQ:rjm 90-59 re;Â· 1 Â·Â· A 1 3 -it ailt<*2 . Aug-02-99 06:49 From-USWEST F ENG GJT 9702444349 T-994 P.01/01 F-982 tli:WEST* COMMUNICATIONS @ 7-30-99 GRAFTON MARSHALL SMITH ATTN: GRAFTON SMITH 0187 WEST LUPINE DRIVE ASPEN, CO 81611 970-925-1720 970-925-1829 FAX RE RESULT-CONTRABAND US WEST COMMUNICATIONS WILL PROVIDE TELEPHONE SERVICE, TO THE ABOVE MENTIONED PROJECT, AS REQUIRED BY TARIFFS: FILED through THE COLORADO PUBLIC UTILITY COMMISSION. IF YOU HAVE ANY QUESTIONS PLEASE CALL 1-970-244-4308 SINCERELY t-4 441â€ž__~ GARY GIBSON MANAGER Aspen Lonsolidated S anitation -ljistrict Sy Kelly * Chairman John Keleher Paul Smith * Treas Frail Lousliin Michael Kelly * Secy Bruce Matherly, Mgr August 16, 1999 Grafton Smith 0187 West Lupine Drive Aspen, CO 81611 Re 0600 Smuggler Mountain Road Project Dear Grafton: We have reviewed the location of your project at 0600 Smuggler Mountain Road in relation to the location of the public sewer system and have determined that your project is too far from the public system to enable the project to be served. It appears that even if a straight line connection to the public system was possible, a service line extending 800 feet would be required. Due to the fact that there is so little development in this area it is doubtful that the District will be extending a main line into the area in the near future. Please call ifyou have any questions. Sincerely, 3 - C-2-,\A AO-kij~ Bruce Matherly District Manager 505 N. Mill St.,Aspeii, CO 81611 / (970)925-3601 / FAX (970) 925-2537 . 201 AABC Aspen, Co. 816] 1 . Contr~band T+A - 11 1 July 30, 1999 0187 West Lupine Dr. Dear Grafton Smith: This 1cttcr is in response td our conversation concerning service to the Contraband Lot 4471 on Smuggler Mountain Road. TCI Cable can provide service to this project at the cost of the developer and/or the homeowner. TCI Cable requires a 2" (two inch) schedule 40 pvc pipe with long sweeps not sharp elbows per TCI Cable installation specification. Please contact our engineering dept. with any questions concerning this matter. In addition, the conduiI run needs to come up about every 600 feet in order to properly pull and amplify & cable system. Thank you for your time concerning this matter. My measurements on this project are about 1400 feet from 450 Smuggler Mtn. To your project. Sincerely, Michael Johnson Contractor Coordinator ............................ TCI Cablevision STANGER SUBDIVISION: METRO GMQS & 1041 HAZARD REVIEW APPLICATION CONTRABAND BUJ-LDING SITE V RESULT ASPEN -- 9 I LE.1 10. 0600 Smuggler Moutain Road ( PIC;â€¢SI,- 1 fU ... 41.igaum - '%Â£.lua a :,~ic..a,r~~-rns:nial,-i' Contraband and Result 1-\J' Coua, s~E V CT U. Ild:.26'14Â·C[./.1 /"8'Joi 10~. i'-9264 q repIBbi 44/2 ha 2,.4/849,1*,y 1,2, 1/ .0/*Prâ€¢D aill:-Ill .1.- 0 1000 2000 Feel 1 in=h = 1000 feet 019*PID,,1 Ouu. & 1 08 03 .1 0225 53 BUILDING S IT E C.2 ok- Sâ‚¬c-1- t obl A < 100 0. .P~' -~) M b + B,671/ 4- 4 -A Â£1/ ~. 4 75/ 9 - 1- 3 C Eorr 4-ll U.- 1 1 1 18 l L E E A er, b & r Â·80' â‚¬5 i 8390 DAVE cove- 8374 1 , 13 Â£,1 1 ' r.-4 , 1 - I =11 9380 53 ' 8364 9ZDP0SED -I -- - 6 11/ 1 Z *hon Loutâ‚¬-2 - 1 /646.- ~7 8370' t 1 1 E-9 1 6-T-IN cr i 64+065 9360' 6 2-o' FIGURE 2 STANGER SUB ION: METRO DRWE\WAY C_2055-SECTIDN V 4- 1< 16, ,)1 4~ 4,4 $2 8352' l E- - - 1 s- 1 15*iSTINCr 8360 3*p,- | 20-26% 1 (42+DE [ EKISTIN 4- 1 66-0 PE ~ 1 , t 8354 8350' i 1 9340' IN z Lo'