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HomeMy WebLinkAboutFinal LU Application - 1100 Black Birch Drive August 1, 2023 Amy Simon City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Stream Margin Review for 1100 Black Birch Drive, LPRP Mill LLC, Lot 10 Black Birch Estates Subdivision (Parcel ID # 2735-013-07-017) Dear Amy, LPRP Mill LLC (“Applicant”) owns a developed single-family lot located at 1100 Black Birch Drive. A Vicinity Map is included as Attachment 1. The subject parcel is legally described as Lot 10, Black Birch Estates Subdivision according to the First Amendment to the Plat of Black Birch Estates recorded January 30, 1992, in Plat Book 28, Page 51 (Attachment 2). The Applicant is represented in this land use application by Davis Horn Incorporated. This land use application includes the following three sections: 1. Existing Conditions; 2. Background; and 3. Land Use Approvals The following attachments are referenced in this land use application. 1. Vicinity Map 2. First Amendment to the Plat of the Black Birch Estates, PB 28, Page 51 3. Existing Conditions Survey prepared by Peak Surveying, Inc. 4. Roaring Fork River Cross Sections/Stream Margin Review Line 5. July 23, 2021, Letter from Raul Passerini, PE, CFM of LRE Water, “Ordinary High Water Line and Top of Slope 6. November 19, 2020, Letter from Sophie Varga Zoning Enforcement Officer to LPRP Mill LLC 7. May 17, 1979, Memorandum to Aspen Planning and Zoning Commission, Gordon Stream Margin Review 8. June 13, 1986, Memorandum to Aspen Planning and Zoning Commission, Wells/Gordon Stream Margin Review 9. Black Birch Estates Subdivision Plat PB 3, P. 244 2 10. Leslie Lamont, Planner, September 29, 1989, memorandum to Bill Drueding, Zoning Officer, Gordon Stream Margin Exemption 11. Leslie Lamont, Planner, April 16, 1991, memorandum to Aspen Planning and Zoning Commission, Sheldon Gordon Stream Margin Review & Conditional Use Review 12. SGM’s March 1991 Floodplain Map of the Gordon Property 13. January 14, 1992, Memorandum from Kim Johnson, Planner to Bill Drueding Approving the Gordon Stream Margin Exemption/Insubstantial Amendment to Black Birch Estates Subdivision Plat 14. June 17, 1977, Certificate of Occupancy for Structure 15. April 12, 1985, Certificate of Occupancy for Two Car Garage with Studio and Full Bathroom Above 16. August 17, 1998, Certificate of Occupancy for Addition to Single Family Residence 17. October 4, 2011, Letter of Completion for Interior Remodel 18. October 14, 2016, Letter of Completion for Replacement of Exterior Siding 19. Ordinance 55-1995 20. 1993 Land Use Code Section 7-504 on Stream Margin Review 21. 1996 Land Use Cod Section 26.68.030 on Stream Margin Review 22. Potamkin Floodplain Map 23. Potamkin Floodplain Hazard Report 24. Site Plan Map 25. City of Aspen Pre-Application Conference Summary Report 26. Title Report for an Amount to be Determined 27. Authorization Letter and Statement of Authority I. EXISTING CONDITIONS As shown on Attachment 2, Vicinity Map, the lot is located on the south end of Black Birch Drive. The Lot is bordered by Lot 11 Black Birch Estates to the north, Castle Creek to the east, City of Aspen land to the south and Red Butte Cemetery to the west. The lot is zoned R-30. Attachment 3, an Existing Conditions Survey, shows the lot contains 1.5 +/- acres of land or 65,645 square feet. The Lot is predominantly flat except for minor slope anomalies and a steep hillside on the far west climbing to the Red Butte Cemetery. The Lot is improved with a single- family house, accessory structures, driveway, landscaping, pathways, and a pickle ball court. Attachment 3 identifies the following structures located on the Lot: 1. Multi-level wood and stone frame house; 2. Gazebo/fireplace; 3. Firewood shed; 4. 2 story shed; 5. 1 story shed; and 6. Wood deck. Attachment 4 is a copy the City of Aspen Roaring Fork River Cross Sections/Stream Margin Review Line. The 2002 map generally identifies the “top of the bank” of the Roaring Fork River, not Castle Creek. The map shows that the virtually the entire flat portion of the subject 3 Lot is located within the “top of the bank of the Roaring Fork River. The mapping is inaccurate. Consequently, the Castle Creek top of the slope” adjacent to the subject Lot has been identified by the Applicant in cooperation with Hailey Guglielmo, City of Aspen Engineering Department as mapped on Attachment 3. Attachment 5 is a July 23, 2021, Letter from Raul Passerini, PE, CFM of LRE Water, “Ordinary High-Water Line and Top of Slope” which addresses his identification of the Castle Creek high water line and the top of slope. Eric Petterson, Red Mountain Environmental provided a Wetlands Delineation Report on the state of riparian areas on the property. The report states that there is evidence that the property has been developed for quite some time, with landscaping and hardening of the bank appearing to have been present for many years, given the establishment of mature landscaping (Attachment 5.1). The subject Lot contains 1.5 +/- acres or 65,645+/- square feet of total area. According to the Existing Conditions Survey 3,600 +/- square feet of the total area is within Castle Creek Attachment 3. The Survey includes a slope analysis to determine Lot Area. Table 1 presents the Slope analysis. Table 1 Lot 10 Black Birch Estates: Slope Analysis Slope Slope Lot Area Grade % Land/Square Feet* Reduction Factor Square Feet ========================================================= 0-20 40,103 None 40,103 20-30 3,877 .50 1,938 >30 18,065 100 0 Total 62,045 NA 42,041 • 3,600 square feet of the total land is within Castle Creek. The lot contains 65,645 square feet of total area. Source: Peak Surveying, Inc. and Davis Horn Inc., August 2021 The subject Lot may be improved with 5,906 square feet of floor area based upon sections and 26.710.080 and 26.575.020 of the Code. (42,041 sf – 3,600 sf land under water = 38,441 sf lot area) (38,441 sf – 15,000 sf = 23,441 sf) (23,441 sf/ 100 = 234 sf) (234 sf x 6 sf = 1,406 sf) (4,500 sf + 1,406 sf = 5,906 sf of floor area) The Existing Conditions Survey depicts the approximate location of the 2019 Federal Emergency Management Agency (FEMA) regulatory floodway (Attachment 3). The effect of the floodway on the Lot and prior floodway mapping is addressed in detail in the following section of the application. The existing pickle ball court location is outside the floodplain beyond the highwater mark from Castle Creek River, surrounded by blue grass. There is a corner of the pickle ball 4 court that is located of the subject property and encroaches on the the neighboring property owned by the City of Aspen. II. BACKGROUND On November 19, 2020, the City of Aspen Zoning Enforcement Officer sent the Applicant a written notice of “Land Use Code Violation and Correction Notice” (Attachment 6). The letter states: “It has brought to the City’s attention that the property at 1100 Black Birch has installed exterior lighting and a hot tub. It also appears that additional development has occurred on the property including, but not limited to multiple pathways, enlarging a patio, and constructing structure on the west side of the property. Our records do not indicate that the development received City Land Use Approvals or was properly permitted; this is in violation of Aspen Municipal Code Sections 26.435.040, Stream Margin Review and 26.304.090 Building Permit” The letter goes on to say: “The owner must act promptly, to correct and resolve the violations as follows: 1. Remove the hot tub and exterior lighting; 2. Request a pre-application summary letter from City for Stream Margin Review; 3. Apply for and acquire all requisite Land Use Approvals from the City; 4. Apply for and acquire all requisite permits from the City.” We have conducted a comprehensive review of the City of Aspen Community Development Department records to identify land use and building approvals for the subject Lot. Our research has been based upon two requests for all Planning and Zoning and Building Department records pursuant to the Colorado Open Records Act, (CORA) C.R.S. § 24-72-201 to 206 in addition to our extensive review of all records available on the City of Aspen website Our research found the Planning and Zoning and Building Department records for the subject Lot to be incomplete. This section of the land use application summarizes the land use reviews completed by the City of Aspen for the subject Lot and building permit approvals found in the City of Aspen public records. Land Use Reviews This section summarizes land use reviews for the Lot. 1979 Gordon Stream Margin Review 5 The owner of the Lot, Sheldon Gordon, sought and obtained Stream Margin Review approval to redevelop the Lot. Richard Grice, Aspen Pitkin Planning Office Planner, states in a May 17, 1979, memorandum to the Aspen Planning and Zoning Commission that the owner is seeking to remove the existing residence and replace it with a new house (see Attachment 7). Dave Ellis of the City Engineering Department indicates the proposed house is 15 to 20 feet above the maximum flood of the Roaring Fork River. The staff memorandum references that the lot which is the subject of the review is adjacent to the Roaring Fork River, not Castle Creek. Perhaps, this memorandum was prepared for another lot owned by Sheldon Gordon and was mistakenly filed with the land use review for the subject Lot. In the alternative, maybe the City staff mistakenly referred to the Roaring Fork River rather than Castle Creek. Richard Grice’s staff memorandum refers to Tom Wells as the applicant’s attorney. Tom Wells was Sheldon Gordon’s Architect. It is unlikely that Sheldon Gordon owned a second lot in the site vicinity which was subject to a Stream Margin Review. 1986 Wells/Gordon Stream Margin Review Tom Wells and Sheldon Gordon, the 1986 owners of the subject Lot, sought City of Aspen approval to 648 square foot two story addition to the house which was already developed on the Lot. The Lot was zoned R-15 in 1986 and contained 20,240 square feet of land as noted in the Aspen Pitkin Planning Office June 13, 1986, memorandum to the Aspen Planning and Zoning Commission prepared by Steve Burstein (Attachment 8). The original Black Birch Estates Subdivision Plat also indicates that Lot 10 (subject Lot) contained 20,240 square feet of floor area (Attachment 9). Attachment 8 indicates that the house would contain 4,593 square feet of floor area and 4,814 square feet of floor area was permitted pursuant to the R-15 zoning. Attachment 8 also identifies the City of Aspen Stream Margin Review standards in effect in 1986 (section 24-6.3 {e}) of the Code in effect on June 13, 1986. The standards did not prohibit pathways, hot tubs, landscaping, or exterior lighting. The 1986 land use application was approved by the Aspen Planning and Zoning Commission. The 1986 land use application included a June 4, 1986, Floodplain analysis prepared by Patrick Dobie P.E. of Banner Associates Incorporated which appears in Attachment 8. Pat found in his report that the entire lot was located within the boundaries of the 100-year floodplain as mapped by the Federal Emergency Management Agency (FEMA) Flood Insurance Study, December 4, 1985. Pat states further in his letter that: “2. The FEMA Study used Cooper Aerial Survey data of 1975 for establishing the stream bed and water surface profile. Due to the dense ground cover of willow brush and overhead canopy of the large cottonwood trees, the topography is discontinuous in this area and may have affected the accuracy of the FEMA. 3. An on-site survey recently prepared by Alpine Survey of Aspen determined the specific elevations on the site which are shown on the 6 attached spreadsheet. Upon reviewing that work and comparing the actual depth of the river channel with the flood water depth of the river channel with the flood water depth calculated in the FEMA report, it appears that the flood waters under a 100-year frequency event will remain in the river channel and not directly affect either the house of garage structure. 4. It is likely that under a 100-year event a secondary channel may develop westerly of lot 10 and inundate the small stream that currently flows in that area. However, due to the natural topography and landscape modifications completed at the time your house was constructed, this secondary flow should not affect either of the existing structures or the proposed additions. 5. The Flood Plain Information Report prepared in 1974 by the U.S. Army Corp of Engineers locates your residence beyond the reaches of the 100- year event and supports my assumptions. “In conclusion, based upon my review and analysis of available information, I feel that the proposed additions to your house and garage will have no significant impact on the flood plain nor will they cause any significant backwater (i.e., greater than one foot) that will impact upstream properties.” 1989 Gordon Exemption from Stream Margin Review In 1989 Sheldon Gordon sought approval for a Stream Margin Review Exemption to develop an entry to the existing house which would contain approximately 176 square feet of floor area as noted in Leslie Lamont, Planner, September 29, 1989, memorandum to Bill Drueding, Zoning Officer (Attachment 10). Section 7-504 5. of the City of Aspen Land Use Code read as follows. “The development is located completely outside of the Special Flood Hazard Area and more than one hundred feet (100’) measured horizontally from the high water line of the Roaring Fork River and its tributary streams or the expansion, remodeling or reconstruction will cause no increase to the amount of ground coverage of structures within the Special Floor Hazar Area.” Leslie prepared the following statement in response to the preceding standard. “RESPONSE: The addition will increase the ground coverage by approximately 90 feet. According to the FEMA map the floodplain extends up into the parcel and goes right through the middle of the home. Because of this discrepancy between the applicant’s map and the actual FEMA map, the applicant must submit a map that shows the relation of the proposed addition to the flood plain and must determine whether the addition will change the base flood elevation. It is recommended that the applicant submit an application for a complete Stream Margin Review.” 7 Gordon’s request for an Exemption from Stream Margin Review was denied because the “floodplain extends up into the parcel and goes right through the middle of the home.” The third sheet of the 2021 Existing Conditions Survey depicts the 1987 FEMA floodplain in red which bifurcates the lower section of the house. 1991 Gordon Stream Margin Review Sheldon Gordon sought Stream Margin Review approval in 1991 to expand the existing single family house and pursuant to Section 7-504 of the Code and Conditional Use Review approval to develop an accessory dwelling unit (ADU). Gordon sought to convert the existing garage in to an ADU with a bedroom above and to develop a new garage on the south side of the house. Attachment 11 is an April 16, 1991, memorandum from Leslie Lamont, Planner, to Aspen Planning and Zoning Commission, titled the Sheldon Gordon Stream Margin Review & Conditional Use Review. The Gordon land use application included the Sheldon Gordon Floodplain Study performed by Jeffrey S. Simonson, P.E. of SGM. We have included Jeffrey S. Simonson’s March 12, 1991, letter which explains the in Attachment 11. The purpose of the study was to: “determine the impact of an addition to the existing Sheldon Gordon house located within a mapped floodplain location on Castle Creek. Previous preliminary analyses have indicated that the majority of the Sheldon Gordon property is found to be not inundated with the 100-year flood event from Castle Creek. However, when reviewing the planimetric information derived from FEMA, the property is shown to be totally inundated by the 100-year flood. The approach to our work, therefore, not only addressed the effect of development upon the Castle Creek floodplain, but also, addressed inconsistencies in the floodplain mapping which currently exists. The SGM study concluded that: “The conclusions reached for the effect of the development within the floodplain of Castle Creek are shown on Exhibit 4. In general, the schematic presentation of the effect is the development will have no effect on the floodplain of Castle Creek. We have found that the channel of Castle Creek along the east property line of the Sheldon Gordon is capable of containing the flood from the 100-year event entirely. However, we have also found that approximately 500 feet upstream of the Sheldon Gordon property, there is a location along Castle Creek that possibly may overtop during the 100-year flood event. Therefore, we are observing the floodplain line as mapped by FEMA along (or beyond) the western property line of the Sheldon Gordon property. It is most likely that, during a 100-year flood event, the Sheldon Gordon property may effectively become an island. There is a possibility that the existing garage would be flooded with shallow water from the overflow of Castle Creek. This overflow floodwater from Castle Creek appears not to be critical in conveying the 8 100-year flood. In fact, review of various other topographic maps generated in this area indicates that the overtopping of the bank approximately 500 feet upstream of the property may or may not exist during the 100-year event. It is important to note that the floodplain analysis performed by SGM specific to this project assumed that the full 100-year flood event would be flowing in the channel east of the Sheldon Gordon property. Therefore, the overflow channel is not considered as an important factor in conveying the 100-year peak flows around the Sheldon Gordon property. In summary, our floodplain analysis has identified that the proposed construction will have no effect upon the 100-year floodplain of Castle Creek. Minor flooding could be expected along the west side of the property due to an overflow of the banks upstream of the property. Therefore, anticipation of shallow floodwater along the west side of the property should be considered when designing elements of the structure in this area.” We contacted Jeffrey Simonson of SGM, and he sent us a pdf of the 1991 floodplain study mapping including Exhibit 4 which is referenced above (see Attachment 12). Jeffrey Simonson’s floodplain study is largely consistent with Pat Dobie’s 1986 floodplain study. The third sheet of Attachment 3, the Existing Conditions Survey, depicts the 1987 FEMA 100 year floodplain line, the limits of the floodplain pursuant to the 1991 SGM floodplain study and 2019 FEMA mapping. The Planning and Zoning Commission approved the 1991 Gordon land use application and included 11 conditions. The language of Conditions # 2, # 3 and # 6 are listed below. 2. “Prior to the issuance of any building permits, the FEMA map amendment process shall be completed. If the amendment application is denied the Engineering Department will consider the reasons for denial and work with the applicant to address FEMA’s concerns.” 1. “Prior to the issuance of any building permits the Engineering Department shall receive a Letter of Map Amendment (LOMA) from FEMA.” 6. “There will be no disturbance of vegetation between the building envelope and the river. No native vegetation shall be permitted to be removed between the building footprint and the edge of the river.” Raul Passerini P.E. of LRE Water and Jeffrey Simonson of SGM have both reviewed FEMA’s records to see if the Letter of Map Amendment (LOMA) was ever approved by FEMA. The LOMA was not approved, yet the City of Aspen must have issued a building permit for the expansion of the house. Additionally, the references to the “building envelope” don’t make sense because it is clearly stated in the 1992 Gordon Stream Margin Exemption/Insubstantial Amendment to the Black Birch Estates Subdivision Plat review (following section) that a building envelope has never been established on Lot 10, Black Birch Estates. 9 1992 Gordon Stream Margin Exemption/Insubstantial Amendment to the Black Birch Estates Subdivision Plat Attachment 13 is Kim Johnson’s, (Planner), January 14, 1992, Memorandum to Bill Drueding Approving the Gordon Stream Margin Exemption/Insubstantial Amendment to Black Birch Estates Subdivision Plat. Attachment A to the memorandum depicts the proposed 2,000 square foot addition to the house. The insubstantial plat amendment added 45,405 acres of land to the subject Lot which previously contained only 20,240 square feet of land. Lot 10 now contains 65,645 square feet of land. Section 7-1006 A. 4. of the Code stated: “The development does not fall outside of an approved building envelope, if one has been designated through a prior review.” The staff response to the preceding standard was: “No building envelopes have been established on either the R.O. Anderson parcel or Lot 10, Black Birch Estates. The preceding statement is significant because it clearly shows there is not an approved building envelope on Lot 10 which affects site development. Attachment 13 includes a January 24, 1992, letter from attorney Jane Ellen Hamilton agreed to by Edward M. Caswall, City Attorney and Diane Moore, City Planning Director which states: “Floor Area Calculations with respect to Mr. Gordon’s property are based on the following: (1) that both Mr. Gordon’s Lot 10 and the area represented by the ROA parcel will be aggregated for FAR calculations; (2) that the total land under water has been calculated based upon the R-15 zone and the aggregated lot area of Mr. Gordon’s property, and the surveyor’s analysis of the portion of Mr. Gordon’s property that lies underwater is correct, and (3) that garage areas lying completely below grade will be completely excluded from FAR and any areas above grade will be counted in FAR if they exceed the 500 square foot FAR exemption for garages.” Building Permit Reviews As previously noted, the City of Aspen building permit records for the subject Lot are not comprehensive and are incomplete. This section of the application presents all the building permit records in the City of Aspen files. June 17, 1977, Certificate of Occupancy for Structure On June 17, 1977, the City of Aspen issued a Certificate of Occupancy(CO) to Tom Wells, for a structure located on 1100 Black Birch Drive, Lot 10 Black Birch Estates (Attachment 14). We 10 assume this is the first building permit issued for site development and is the existing structure referenced in the May 17, 1979, Memorandum to Aspen Planning and Zoning Commission for the Gordon Stream Margin Review (Attachment 7). April 12, 1985, Certificate of Occupancy for Two Car Garage with Studio and Full Bathroom Above On April 12, 1985, the City of Aspen issued a Certificate of Occupancy for a two car garage with a studio and full bathroom above the two car garage (Attachment 15). The CO states the studio is connected to the house via a covered bridge. August 17, 1998, Certificate of Occupancy for Addition to Single Family Residence On August 17, 1998, the city of Aspen issues a CO for a 1,354 square foot addition to the subject house (Attachment 16). The addition included one half bathroom, kitchen, office, breakfast room and billiard room October 4, 2011, Letter of Completion for Interior Remodel On October 4, 2011, the City of Aspen issued a Letter of Completion for an Interior Remodel (Attachment 17). October 14, 2016, Letter of Completion for Replacement of Exterior Siding On October 14, 2016, the City of Aspen issues a Letter of Completion for the replacement of exterior siding (Attachment 18). III. PROJECT DESCRIPTION The Applicant is requesting the review and approval of the following land use items: Site Plan review and approval to establish a building envelope and rectify the location of the existing pickle ball court; The Applicant is requesting Site Plan review and approval to establish a building envelope for the existing site improvements. The pickle ball court is currently non-conforming. A small portion of the pickle ball court encroaches over the southern property line into the neighboring property. The pickleball court is not located in the wetlands or riparian areas (see Attachment 3). The Applicant is proposing to rectify the existing non-conformity and move the pickle ball court onto the subject property and eliminate the non-conformity. Exemption from standard 26.435.040(8) Stream Margin Special Review; The Applicant is requesting from the Planning and Zoning Commission and exemption from Section 26.435.040(8) to memorialize landscaping and improvements that existed prior to the 11 adoption of Ordinance 22-1995 and the language therein that adopted the standard requiring riparian vegetation within 15-feet of the top of slope or the high waterline (Attachment 18). Section 26.435.20(8), pursuant to Ordinance 22-1995 states, “(8) There is no development other than approved native vegetation planting taking place below the top of slope or within fifteen (15) feet of the top of slope or the high waterline, whichever is most restrictive.” Ordinance 22-1995 is the first instance in which this language was included in the Stream Margin Special Review Criteria. The Stream Margin Special Review Criteria from the 1993 land use code does not contain the 15-foot riparian vegetation requirement (Attachment 19). The 1996 land use code Section 26.435.040(8) does include this language as a component of Stream Margin Review (Attachment 20) and the language was include pursuant to Ordinance 22-1995. The 1996 code lists this criteria as Section 26.28.040(9). The code section numbering has since been reordered to Section 26.435.040(8), likely for organization purposes as new legislation was adopted. The existing landscaping and improvements within 15 feet of the top of slope and highwater mark were constructed prior to the Applicant acquiring the property in 2001. The Applicant is requesting exemption from Stream Margin Special Review 26.435.040(8) to memorialize the existing landscaping and improvements because it predates the regulation. The existing landscaping was in place before the current owners purchased the property in 2002. The landscaping was developed as a part of Stream Margin Reviews that predate much of the current language for riparian requirement along the edge of the creek (Attachments 19, 20, 24). The property is irrigated with Tagert Ditch water and not water provided from the City of Aspen for the Property’s inhouse domestic water uses. Paul Noto, Water Attorney provided an letter of the irrigation water right for 1100 Black Birch Drive (Attachment 20.1). Amendment to the FEMA floodplain to obtain a Letter of Map Amendment (LOMA) The Applicant is proposing the amend the current FEMA floodplain boundary through site specific analysis, correcting and inaccurate floodplain boundary. The Applicant has performed an analysis on the top of slope / high water line in coordination with Hailey Guglielmo, City of Aspen Engineering Department (Attachment 3). Attachment 5 is a July 23, 2021, Letter from Raul Passerini, PE, CFM of LRE Water, “Ordinary High-Water Line and Top of Slope” which addresses his identification of the Castle Creek high water line and the top of slope. As stated in the Background section, SGM has performed floodplain studies proposed development on the property. The floodplain report from SGM determined that that the current FEMA floodplain mapping is inaccurate. This is typical in areas of robust tree canopies as FEMA data is obtained from broad aerial imagery. SGM has prepared a HEC-RAS model to delineate the true 100-year floodplain line of the property. Attachment 22 shows the new floodplain boundary in result of the floodplain study performed by SGM. Attachment 23 is the Floodplain Report. The Applicant will obtain a LOMA if deemed necessary by the City of Aspen Engineering Department. 12 IV. LAND USE APPROVALS Stream Margin Review Section 26.435.040 C. The Stream Margin Review Standards appear in bold followed by the Applicant’s responses. 1. It can be demonstrated that any proposed development which is in the Special Flood Hazard Area will not increase the base flood elevation on the parcel proposed for development. This shall be demonstrated by an engineering study prepared by a professional engineer registered to practice in the State which shows that the base flood elevation will not be raised, including, but not limited to, proposing mitigation techniques on or off-site which compensate for any base flood elevation increase caused by the development; The only proposed development is the relocation of the existing pickleball court. A portion of the existing pickle ball court extends beyond the subject property boundary onto neighboring City of Aspen land and will be brought into compliance. The pickle ball court is in the mapped FEMA floodplain. We performed a site-specific study seeking a correction to the floodplain mapping and will apply for a LOMA if required by the City of Aspen Engineering Department. The FEMA floodplain map is inaccurate. There are thick tree canopies along this portion of Castle Creek which skew aerial floodplain delineations, and it is not unusual for the FEMA floodplain maps to be inaccurate using. According to the site-specific floodplain study, the proposed location of the pickle ball court is not within the Floodplain Hazard Area. The 1100 Black Birch Drive Floodplain Report and Floodplain Mapping by SGM (Attachment 22) shows the new floodplain boundary. The Proposed Site Plan shows the proposed location of the pickle ball court which is outside the floodplain boundary (Attachment 24). The base flood elevation will not affected by the proposed location of the pickle ball court. 2. The adopted regulatory plans of the Open Space and Trails Board and the Roaring Fork River Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable. Areas of historic public use or access shall be dedicated via a recorded easement for public use. A fisherman's easement granting public fishing access within the high water boundaries of the river course shall be granted via a recorded "Fisherman's Easement;" The development proposed will not impede water flow in any way. There are no trails along Castle Creek that would be affected by the development plan. The proposed modification to the pickle ball court complies with the Greenway Plan. The Title Commitment does not indicate that any Fisherman’s Easement was ever dedicated. The Applicant will dedicate a Fisherman’s Easement within the waterway of Castle Creek. 3. There is no vegetation removed or damaged or slope grade changes (cut or fill) made outside of a specifically defined building envelope. A building envelope shall be designated by this review and said envelope shall be designated by this review and said envelope shall be recorded on a plat pursuant to Subsection 26.435.040.F.1; 13 There is no approved building envelope on the property. The Applicant is proposing a building envelope around existing development to comply with this criterion. 4. The proposed development does not pollute or interfere with the natural changes of the river, stream or other tributary, including erosion and/or sedimentation during construction. Increased on-site drainage shall be accommodated within the parcel to prevent entry into the river or onto its banks. Pools or hot tubs cannot be drained outside of the designated building envelope; The Applicant has performed an analysis on the top of slope / high water line in coordination with Hailey Guglielmo, City of Aspen Engineering Department (Attachment 3). Hailey Guglielmo walked the lot to review the highwater line flags and top of slope with Raul Passerini, PE, CFM prior to Peak Surveying, locating the flagging on the survey. Hailey required us to relocate several flags prior to the survey. Attachment 5 is a July 23, 2021, Letter from Raul Passerini, PE, CFM of LRE Water, “Ordinary High- Water Line and Top of Slope” which addresses his identification of the Castle Creek high water line and the top of slope. There are no proposed changes to the natural channel of Castle Creek. 5. Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of a water course and a copy of said notice is submitted to the Federal Emergency Management Agency; There are no proposed changes to the Castle Creek Water Course. 6. A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished; The Applicant agrees to this guarantee. There are no proposed changes to the flood carrying capacity on the parcel. 7. Copies are provided of all necessary federal and state permits relating to work within the 100-year flood plain; The Applicant is proposing a correction to the FEMA floodplain mapped boundary. The Potamkin Floodplain Report delineates the 100-year Floodplain in Castle Creek within the subject property to define the boundaries of the floodplain more accurately based on surveyed topography obtained. Rainfall and snowmelt data were used from a large number of stream gaging stations to obtain individual and regional statistical parameters for flow rates and floodplain evaluations. The result of the Floodplain Report states that no work is proposed within the 100-year Floodplain Hazard Boundary (Attachment 22). 8. There is no development other than approved native vegetation planting taking place below the top of slope or within fifteen (15) feet of the top of slope or the high waterline, whichever is most restrictive. This is an effort to protect the existing 14 riparian vegetation and bank stability. New plantings (including trees, shrubs, flowers and grasses) outside of the designated building envelope on the river side shall be native riparian vegetation as approved by the City. A landscape plan will be submitted with all development applications. The top of slope and 100-year flood plain elevation of the Roaring Fork River shall be determined by the Stream Margin Map located in the Community Development Department and filed at the City Engineering Department; The existing landscaping and improvements within 15 feet of the top of slope and highwater mark were constructed prior to the Applicant acquiring the property in 2001. The Applicant is requesting exemption from Stream Margin Special Review 26.435.040(8) to memorialize the existing landscaping and improvements because it predates the regulation. There is no new landscaping proposed within the 15-foot top of slope / highwater mark. 9. All development outside the fifteen (15) foot setback from the top of slope does not exceed a height delineated by a line drawn at a forty-five (45) degree angle from ground level at the top of slope. Height shall be measured and determined by the Community Development Director using the definition for height set forth at Section 26.04.100 and method of calculating height set forth at Section 26.575.020 as shown in Figure "A"; and The Site Plan includes profile analysis from the top of slope / highwater mark at a forty- five-degree angle. The existing development complies with this standard (Attachment 24). 10. All exterior lighting is low and downcast with no light(s) directed toward the river or located down the slope and shall be in compliance with Section 26.575.150. A lighting plan will be submitted with all development applications; A lighting plan will be submitted with the building permit for the pickle ball court. All lighting will be compliant with this standard. 11. There has been accurate identification of wetlands and riparian zones. The proposed minor relocation of the pickle ball court does not impact wetlands or riparian areas. It will disturb a small portion of the blue grass yard (See Attachment 24). Eric Peterson, Red Mountain Environmental performed a wetland delineation to verify the presence of wetlands on the property. There are no wetlands or riparian area in the area of the proposed Pickle Ball Court location (Attachment 5.1). Stream Margin Review Special Review 26.435.040 C. E. Special review. An application requesting a variance from the stream margin review standards or an appeal of the Stream Margin Map's top of slope determination, shall be processed as a special review in accordance with common development review procedure set forth in Chapter 26.304. The special review shall be considered at a public hearing for which 15 notice has been published, posted and mailed, pursuant to Subsection 26.304.060.E.3 Paragraphs a, b and c. Review is by the Planning and Zoning Commission. A special review from the stream margin review determination may be approved, approved with conditions or denied based on conformance with the following review criteria: 1. An authorized survey from a Colorado professionally licensed surveyor shows a different determination in regards to the top of slope and 100-year flood plain than the Stream Margin Map located in the Community Development Department and filed in the City Engineering Department; and A survey is included in Attachment 3. 2. The proposed development meets the stream margin review standard(s) upon which the Community Development Director had based the finding of denial. The applicant has complied with the current stream margin review standards to the greatest extent practical. The existing landscaping within 15-feet of the top of slope / highwater mark was in place prior the adopted for Section 26.435.040(8). The standard for requiring 15-feet of native vegetation from the edge of the stream was enacted by Ordinance 55-1995. Environmentally Sensitive Area minimum plan contents for Stream Margin Review (Section 26.435.080 C.2.) 2. For development subject to stream margin review, the plan shall depict: a. The 100-year floodplain line and the high-water line. The 100-year floodplain line and highwater line are depicted of the Floodplain Map, Floodplain Report and Site Plan (Attachment 22, 23, 24). b. Existing and proposed grades at two-foot contours, with five-foot intervals for grades over ten (10) percent. There are no proposed grade changes. The only proposed development is the relocation of the pickle ball court. c. When development is proposed in a special Flood Hazard Area: Accurate elevations (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures; a verification and recordation of the actual elevation in relation to mean sea level to which any structure is constructed; a demonstration that all new construction or substantial improvements will be anchored to prevent flotation, collapse or lateral movement of any structure to be constructed or improved; a demonstration that the structure will have the lowest floor, including basement, elevated to at least two (2) feet above the base flood elevation, all as certified by a registered professional engineer or architect. 16 There is no proposed development within a Flood Hazard Area. Attachment 23 identifies the floodplain boundary. d. A description of proposed construction techniques to be used. The construction area will be marked with construction fencing and all impact to the land will be revegetated and restored with a native seed mix. The exterior lighting will be removed, and the pickle ball court will be relocated to be contain within the property lines boundaries. A full construction management plan will be provided with the building / grading permits submittals. V. SUMMARY This application has been prepared in response to notice of violation from the City of Aspen regarding exterior lighting and the location of the pickle ball court. The application proposes to rectify the exterior lighting and location of the pickle ball court, bringing each element into compliance with the City of Aspen Land Use Code. Additionally, this application seeks to document the existing landscaping improvements that were in place prior to some of the Stream Margin Review Standards, specifically, Section 26.435.040(8). The Applicant is requesting approval from the Planning and Zoning Commission to memorialize existing landscaping improvements within the 15-foot riparian zone from the top of slope / highwater mark. The Applicant has responded to the relevant Land Use Code Section and provided as much documentation as possible to demonstrate the relevancy of the current Stream Margin Review Standard and landscaping history on the property. The City of Aspen land use records for landscape plans are not comprehensive and no landscape plan was located. All standards have been addressed to the greatest extent practical. Sincerely, Davis Horn Incorporated Cody Davis Horn, AICP Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying that the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attomey representing the property owner. Name: Property Owner ("I' ): Email: l Phone No.: 9 .tv CC Address of Property: p l c•.C.�.L_ .t"t�--- 'c' L (subject of �t application) I certify s follows: (pick one) '44 This property is not subject to a homeowner association or other form of private covenant. ❑ This property is subject to a homeowner association or private covenant, and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: Owner printed name: or, Attorney signature: Date:7/28/2023 Date: Attorney rm d name: 'N wyr� T r c l> l U1(�,vt) (April 2020 City of Aspen 1130 S. Galena St.1(970) 920 5090 DEVELOPMENT REVIEW PROCEDURE 1. Attend pre -application conference. During this one-on-one meeting, staff will determine the review process applies to your development proposal and will identify the materials necessary to review your application. 2. Submit Development Application. Based on your pre -application meeting, you should complete to the application package and submit the requested number of copies of the complete application and the appropriate processing fee to the Community Development Department. 3. Determination of Completeness. Within five (5) working days of the date of your submission, staff will review the application and notify you in writing whether the application is complete or if additional materials are required. Please be aware that the purpose of the completeness review is to determine whether or not the information you have submitted is adequate to review the request, and not whether the information is sufficient to obtain approval. 4. Staff Review of Development Application. Once your application is determined to be complete, it will be reviewed by the staff for compliance with the applicable standards of the Code. During the staff review stage, the application will be referred to other agencies for comments. The Planner assigned to your case or the agency may contact you if additional information is needed or if problems are identified. Staff will draft a memo for signature by the Community Development Director that explains whether your application complies with the Code, and will list any conditions that should apply if the application is to be approved. Final approval of any Development Application that amends a recorded document, such as a plat, agreement, or deed restriction, will require the applicant to prepare an amended version of that document for review and approval by staff. Staff will provide the applicant with the applicable contents for the revised plat. The City Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing these documents until the staff has determined that your application is eligible for the requested amendment or exemption. S. Board Review of Application. If a public hearing is required for the land use action that you are requesting, the Planning staff will schedule a hearing date for the application upon determination that the application is complete. The hearing(s) will be scheduled before the appropriate reviewing board(s). The applicant will be required to mail notice (one copy provided by the Community Development Department) to property owners within 30 feet of the subject property and post notice (sign available at the Community Development Department) of the public hearing on the site at least fifteen (15) days prior to the hearing date. (Please see Attachment 6 for instructions.) The Planning staff will publish notice of the hearing in the paper for land use requests that require publication. The Planning staff will then formulate a recommendation on the land use request and draft a memo to the reviewing board(s). Staff will supply the applicant with a copy of the Planning staff's memo, approximately five (5) days prior to the hearing. The public hearing(s) will take place before the appropriate review boards. Public hearings include a presentation by the Planning staff, a presentation by the applicant (optional), consideration of public comment, and the reviewing board's questions and decision. (Continued on next page) April 2020 City of Aspen 1 130 S. Galena St. 1 (970) 920 5090 6. Issuance of Development Order. If the land use review is approved, then the Planning staff will issue a Development Order, which allows the applicant to submit a building permit application. 7. Receipt of Building Permit. Once you have received a copy of the signed staff approval, you may apply for a building permit. During this time, your project will be examined for its compliance with the Uniform Building Code. It also will be checked for compliance with applicable provisions of the Land Use Regulations that were not reviewed in detail during the land use case review. (This might include a check of floor area ratios, setbacks, parking, open space and the like). Impact fees for water, sewer, parks, and employee housing will be collected as part of the permitting process. Any document required to be recorded, such as a plat, deed restriction, or agreement, will be reviewed and recorded before a building permit application is submitted. April 2020 City of Aspen 1 130 S. Galena St. 1 (970) 920 5090 DIMENSIONAL REQUIREMENTS FORM Complete only if required by the PreApplication checklist Project and Location Potamkin Stream Margin Review -1100 Black Birch Drive Applicant: LPRP Mill LLC Zone District: R-30 Gross Lot Area: 1.507 Net Lot Area: 56,157.92SF "Please refer to section 26.575.020 for information on how to calculate Net Lot Area Please fill out all relevant dimensions Single Family and Duplex Residential Multi -family Residential Existing Allowed Proposed 1) Floor Area (square feet) C� Lt e� �, 1) Number of Units 2) Maximum Height 2) Parcel Density (see 26.710.090.C.10) 3) Front Setback as- ,r tolA 3) FAR (Floor Area Ratio) 4) Rear Setback lS V. 5) Side Setbacks 6) Combined Side Setbacks 7) % Site Coverage 8) Minimum distance between buildings *J;A Proposed % of demolition lt> '? • i �, t eLt� Commercial Proposed Use(s) Existing Allowed Proposed 1) FAR (Floor Area Ratio) 2) Floor Area (square feet) v � 3) Maximum Height 4) Off -Street Parking5paces V � 5) Second Tier (squarefeet) M 6) Pedestrian Amenity (square feet) Proposed % of demolition v$ V` Existing non -conformities or encroachments: 7% --qc�v� Variations requested: 4) Floor Area (square feet) 5) Maximum Height 6) Front Setback 7) Rear Setback 8) Side Setbacks Proposed % of demolition Lodge Additional Use(s) 1) FAR (Floor Area Ratio) 2) Floor Area (square feet) 3) Maximum Height 4) Free Market Residential(square feet) 4) Front setback 5) Rear setback 6) Side setbacks 7) Off -Street Parking Spaces 8) Pedestrian Amenity (square feet) Proposed % of demolition Existing Allowed Proposed Existing Allowed Proposed -� v I r� ego VL 7•0 COMMUNITY DEVELOPMENT DEPARTMENT GENERAL LAND USE PACKET A 40 CITY OF ASPEN Attached is an Application for review of Development that requires Land Use Review pursuant to The City of Aspen Land Use Code: Included in this package are the following attachments: 1. Development Application Fee Policy, Fee Schedule and Agreement to Pay Application Fees Form 2. Land Use Application Form 3. Dimensional Requirements Form (if required) 4. HOA Compliance Form S. Development Review Procedure All applications are reviewed based on the criteria established in Title 26 of the Aspen Municipal Code. Title 26 of the Aspen Municipal Code is available at the City Clerk's Office on the second floor,of City Hall and on the internet at https:Hlibrary.municode.com/co/aspen/codes/municipal_code. We require all applicants to hold a Pre -Application Conference with a Planner in the Community Development Department so that the requirements for submitting a complete application can be fully described. This meeting can happen in person or by phone or email. Also, depending upon the complexity of the development proposed, submitting one copy of the development application to the Case Planner to determine accuracy, inefficiencies, or redundancies can reduce the overall cost of materials and staff time. Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have questions that are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case, contact Planner of the Day (970-429-2764/planneroftheday@gmail.com), or consult the applicable sections of the Aspen Land Use Code. April 2020 City of Aspen 1130 S. Galena St. 1 (970) 920 5090 Land Use Review Fee Policy The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. A flat fee is collected by Community Development for applications that normally take a minimal and predictable amount of staff time to process. Review fees for other City Departments reviewing the application (referral departments) also will be collected when necessary. Flat fees are cumulative, i.e., an application with multiple flat fees must pay the sum of those flat fees. Flat fees are not refundable. A review fee deposit is collected by Community Development when more extensive staff time is required. Actual staff time spent will be charged against the deposit. Various City staff also may charge their time spent on the case in addition to the Case Planner. The deposit amount may be reduced if, in the opinion of the Community Development Department Director, the project is expected to take significantly less time to process than the deposit indicates. A determination on the deposit amount shall be made during the pre -application conference by the Case Planner. Hourly billing shall still apply. All applications must include an Agreement to Pay Application Fees. One payment including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required fee(s). The Community Development Department shall keep an accurate record of the actual time required to process a land use application requiring a deposit. The City can provide a summary report of fees due at the applicant's request. The applicant will be billed for the additional costs incurred by the City when the processing of an application by the Community Development Department takes more time or expense than is covered by the deposit. Any direct costs attributable to a project review shall be billed to the applicant with no additional administrative charge. In the event the processing of an application takes less time than provided for by the deposit, the Department shall refund the unused portion of the deposited fee to the applicant. Fees shall be due regardless of whether an applicant receives approval. Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final, and recordation of approval documents shall be handled as individual cases for the purpose of billing. Upon conceptual approval, all billing shall be reconciled, and past due invoices shall be paid prior to the Director accepting an application for final review. Final review shall require a new deposit at the rate in effect at the time of final submission. Upon final approval, all billing shall again be reconciled prior to the Director accepting an application for review of technical documents for recordation. The Community Development Director may cease processing of a land use application for which an unpaid invoice is 30 or more days past due. Unpaid invoices of 90 days or more past due may be assessed a late fee of 1.75% per month. An unpaid invoice of 120 days or more may be subject to additional actions as may be assigned by the Municipal Court judge. All payment information is public domain. All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements and plats. The City will not accept a building permit for a property until all invoices are paid in full. For permits already accepted, any unpaid invoice of 90 or more days may result in cessation of building permit processing or issuance of a stop work order until full payment is made. The property owner of record is the party responsible for payment of all costs associated with a land use application for the property. Any secondary agreement between a property owner and an applicant representing the owner (e.g. a contract purchaser) regarding payment of fees is solely between those private parties. April 2020 City of Aspen 1 130 S. Galena St. 1 (970) 920 5090 Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and Address of Property: 1100 BLACK BIRCH DRIVE Please type or print in all caps Property Owner Name: LP R P MILL LLC Representative Name (if different from Property Owner)'CO DY HORN Billing Name and Address - Send Bills to: 215 SOUTH MONARCH STREET #104 Contact info for billing: a -mail: HORN.CODY@YAHOO.COM phone: 9703799793 I understand that the City has adopted, via Ordinance No. 20, Series of 2020, review fees for Land Use applications, and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner, I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. 975 Parks Dept Flat fee $. flat fee for $. flat fee for $. flat fee for $. flat fee for For deposit cases only: The City and I understand that because of the size, nature, or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration unless invoices are paid in full. The City and I understand and agree that invoices sent by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy, including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. 1 understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for processing my application at the hourly rates hereinafter stated. $ 3250 deposit for 10 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ 325 deposit for 1 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Phillip Supino, AICP Community Development Director City Use: Fees Due: $ Received $ Case # PRE 20-154 Signature: PRINT Name: Cody Horn, AICP Title: Land Use Planner April 2020 City of Aspen 1 130 S. Galena St. 1 (970) 920 5090 LAND USE APPLICATION Project Name and Address: Potamkin Stream Margin Review Parcel ID #(REQUIRED) 2735-01 3-07-017 APPLICANT: Name: LPRP Mill LLC Address: 1100 Black Birch Drive, Aspen, CO 81611 Phone#:9703799793 email: horn. cody9yahoo. com REPRESENTIVATIVE: Name: Davis Horn Incorporate (Cody Davis Horn, AICP) Address:215 South Monarch Street # 104 Phone#:9703799793 email: horn. Cody9yahoo.com Description: Existing and Proposed Conditions 1. Multi -level wood and stone frame house; 2. Gazebo/fireplace; 3. Firewood shed; 4. 2 story shed; Review: Administrative or Board Review Board: Planning and Zoning Commission Required Land Use Review(s): Board: Planning and Zoning Commission Growth Management Quota System (GMQS) required fields: Net Leasable square footage 9 1 487 Lodge Pillows 0 Free Market dwelling units Affordable Housing dwelling units 0 Essential Public Facility squarefootage 0 Have you included the following? FEES DUE: $ ✓ Pre -Application Conference Summary ✓ Signed Fee Agreement ✓ HOA Compliance form aAll items listed in checklist on PreApplication Conference Summary April 2020 City of Aspen 1130 S. Galena St.1(970) 920 5090 9,028 1,504.7 Legend 1: Feet01,504.7752.33 1100 Black Birch Drive Vicinity Map Parcel Boundary Lot 4 JW • .H,7 .re.h Esta tes Aspen,o un of Pof C HOMEOWNERS' ASSOCIATION CERTIFICATE ___ as President of the Black Birch states Homeowners' Association lnc.,js such Association is defined and described in the Articles of Incorporation recorded in Book 530 at Page 105 thru 109 of the records of the Pitkin County Clerk and Recorder, Colorado, hereby publish this First Amendment to the Plot of Black Birch Estates. STATE OF COLORADO ) )ss COUNTY OF PITKIN ,, 4. T f regoing ce ficate w s acknowledged before dayof 19912b ! My commission expires._ Witness my hand and official sertl.Lit No ry Publi OWNERS APPROVAL i��t°ellxtll�b�- as owner of the herein described property do hereby consent to'this plat amendment and the recording thereof in the records of the Clerk and Recorder of Pitkin County Colorado. STATE OF COL ORADO ) )ss COUNTY OF PITK/N ) Th going cerl6ficote was acknowledged befor e thi day of 1992, by v _ M My commission expires,_ Witness my hand and official seal.' I CITY ENGINEER APPROVAL _-g ------ City Engineer for the City of Aspen, Colorado, do hereby approve this plat of the First Amendment to the plat of Black Birch Estates to be recorded in the office of the Clerk and Recorder of Pitkin County, Colorado. City Engineer ------ -�? 1-99=---- Date. PLANNING DIRECTOR APPROVAL Z 0 The Planning Director for the City of Aspen, Colorado, does ►.� 4 h I I hereby approve this insubstantial amendment. w 6m) 1 [e7lng Director Date: 00 in 10, Utility Easement relocated SS> 35' 15" W S88' 35' 15" W Surveyor's Certificate: 392 51, 50' witness corner p ! '4 '° l Kenneth R. Wilson Professional Land Surveyor, do hereby Found rebar and cap � ~ � ` � 123.61 Ls 26296 ;= w� ' ' Found rebar and cap Ls 20151 ;,, ;. , „ k, :, �, certify that this plat of was prepared by me and under my a, S 85 E 1,24' from true corner n °' � - t ; su ervision and that the location of the outside boundo roads and other features are accurately shown and correctly shown `� \A - t, •.� , = , , hereon, that the same are based on field surveys performed under ;•'•do tit - . •' my supervision and in accordance with Colorado Revised Statutes CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA •''? ` '� 1973 Title 38, Article 51. l further certify that the error of C1 30.00' 25.40' 13.52' 24.65' N34'3l'0 E 4630'3 ',aURSE \ .I j �• •�;� � y .•; .� .i' ' .` ` , closure for the boundary is better than 1:10000. .. a , .� (: �_ °� ..► ���, ; ,' Legend and Notes: H UNE I DIRECTION D/STANCE ".' _ F,,.' _ 1n witness thereof, l have set my hand and seol this �5�� day off L l s0706'1 E 14.77 �\: .: b .:' +n o indicates found monument as described. P a� _ indicates set monument rebar and cap L.S. 15710. Survey Orientation based on found monuments as shown. Kenneth --------------- ®�� .11 h R. Wilson L. S 15710 " r �• '; �a The purpose of this Amendment is to add approximately 1.043 acres more of less to Lot 10. D®co�,� -;z '' i - The western portion of the expanded Lot 10 is subject to .1P, r Ua i^ 7 Acceptance for Recording: , - tom �' P �....�_. the terms and conditions of the easement recorded in Book at Page ---in the office of the Clerk and Recorder This l , �, �• � .�,.1�pat of is accepted for filing in the office of the Clerk. ' • {• ... of Pitkin County, Colorado. <7 } f , ,. , . , •,.; .�` _ aid Recorder of Pitkin County, Colorado, this _'_>C� da of The utility easement across Lot 10 shall be relocated to the: 1 r V ,.,�. SJ�.. �- 1992 m Plat Book... at Pages and w�. ,�► location indicated. 9 VICINITY MAP lca ed Rece flan No: __ 4 , p . _ x _ Lot 10 Black Birch Estates (original lot miscloses mathrnafLcall . closure a SCALE 1 2000 fi g P) y was placed in the north line of Lot 10. By__�------ ---------► This plat amends a portion of that: plat recorded In Plat Book 3 Clerk and ecorder Lp at Page 244. Notice: NUM- EAVINEERSION BY /''� j� / � GORDON/"► /''�MEYER c® INC.ER DATE Job No. 911,72 Act»rdi» to Colorado law. �V%7�V���� Li���VN !Y/�Ll � llYl� g you musf commence any ' legal action based upon any .defect in .this survey, SURVVMRS within three years after Drown b , yea a e you fist discover such 1001 GRANQ AVENUE, SU — y defect. In no event may any legal action based S rrE 2 �-�s A rn e a� e W Black upon any defect in this survey be commence0 more GM ccEN o0o sP��nres. cotono a rso� Bireb Estates Date. 2 Dee 9 i G C ,gyp than ten years from the date of the certificafion (30.�, 9�i✓'�' 1 oo'ii< (FAX.) 945-59Tv shown hereon. scHl�ruESER . , .�'.� kin Co,l c�. . ASP EN _ r. A E COL t?f A,DO 303 925 67 �, CORDON MEYfR � � 27 kw, ale: 0 black dsc 15 F // \\ Lot i I i\ Found rebar and cap LS number \ \ I I illegible S 14-43 W 4.33' from true corner \ C 1 S80-46'581,C\ 131.800 "'N}- 5,`wlMess Co Lot 9 / Found rebar / — S.37W 0.77' from true corner / I / I / I / I Lot 10 0 1.807 Am+/- / I ° ll Found rebar in concrete I U3 �s bearings and survey I ��!' Utility Ease ---- I S8¢ D1,O0„L ment` Found rebar in concrete 331.5,.3' S 84-01 w R49' from hue corner 50.08 GRAPHIC SCALE 30 0 15 30 so ( IN FEET ) 1 inch = 30 ft. 120 CITY OF ASPEN APPROVAL The City of Aspen, Colorado, does hereby approve this insubstantial amendment. --- ----—r !`t C" )1-�el- --- -- Q Date. - Attest: CO City Clerk 2 Xa 7? I) THIS PROPERTY IS SUBJECT TO RESERVATIONS. RESTRICTIONS, COVENANTS. BUILDING SETBACKS AND EASEMENTS OF RECORD, OR IN PEACE AND EXCEPTIONS TO TITLE SHOWN IN THE TITLE COMMITMENT PREPARED BY TITLE COMPANY OF THE ROCKIES AS AGENT FOR STEWART TITLE GUARANTY COMPANY, COMMITMENT NO OM-C. DATED EFFECTIVE JULY M. -'021 2 THE DATE OF THIS SURVEY WAS MAY 10 1VNE I.?021 3BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING 8 1 G OF N 8• 3515.E BETWEEN THE SOUTHWESTERLY CORNER OF LOT Iq A x5 KEBAB WTTH A I YELLOW PLASTIC CAP, PLS 110 FOUND IN PLACE AND THE. M.WITNESS CORNER TO SOUTHEAST CORNERR O OF LOT Iq A 93 REBAR W'ITN A 1I I1J- YELLOW PLASTIC CAP. PLS 157I0 FOUND IN PLACE 411 NITS OF MEASURE FOR ALL DIMENSIONS SHOWN HEREON IS US SURVEY FEET 5) TEAS SURVEY IS BASED ON THE BLACK BIRCH ESTATES FINAL PLAT RECORDED MAY 01. 1%7INPUT BOOK 3 AT PAGE 244 AND THE FIRST AMENDMENT TO THE PUTOF BUCK BIRCH ESTATES RECORDED JANUARY W. 1992 IN PLAT BOOK 28 AT PAGE 51 IN THE PITKIN COUNTY CLERK AND RECORDER'S OFFICE AND CORNERS FOUND IN PLACE 6) ELEVATIONS ARE BASED ON A GPS OBSERVATION UTILIZING THE WESTERN COLORADO RTVRN DIPS NETWORK (1988 ORTHO DATUM) YIELDING AN ON-SFTE ELEVATION OF 77W U ON THE NORTHWESTERLY CORNER OF LOT 10 AS SHOWN CONTOUR INTERVAL EQUALS I FOOT ]) THE SUBJECT PROPERTY IS ZONED RJO ACCORDING' TO COMMUNITY DEVELOPMENT. BUILDINGSETBACKS AS SHOWN SHOULD BE VERIFIED WITH COMMUNITY DEVELOPMENT PRIOR TO ANY DESIGN. PLANNING OR CONSTRUCTION 8) FEMA INFORMATION IS DIGITIZED FROM FIRM ROOD INSURANCE MAP PANEL 035J OF a-, MAP NUMBER U807COGNE DATED AUGUST 15, N19. LOCATION OFFLMA FLOOD INFORMATION ISAPPROXIMATL 9) IIIGH WATER LINE IDENTIFIED BY RAUL PASSERINI. P E. LRE WATER AND CITY OF ASPEN ENGINEERING DEPARTMENT 101 TOP OF SLOPE IDENTIFIED BY RAUL PASSERINI. P E. LRE WATER AND CITY OF ASPEN ENGINEERING DEPARTMENT 10 ACCORDING TO BOOK227 PAGE 432. BUILDING SETBACKS AREAS FOLLOWS FRONT-.SIDES-15-AND REAR -IV. STONE BODUE BOULDER WALLS ���� I.OTJ BLACK BIRCH EST In' SIDE SETBACK PE COA 1p R 30 RED BUTTE \b W METERY PU D CEIIIIIL�. - - Jtveyi,, � r A W „9 a W E FOONDx5 REBAR WITH 1 114" YELLOW PLASTIC CAP. PLS 2J0 12D 15710 S GRAPHIC SCALE ( IN FEET ) 1 inch = 20 R EXISTING CONDITIONS SURVEY LOT 10, BLACK BIRCH ESTATES SUBDIVISION, ACCORDING TO THE FINAL PLAT RECORDED MAY 1, 1967 IN PLAT BOOK 3 AT PAGE 244 AND THE FIRST AMENDED PLAT RECORDED JANUARY 30, 1992 IN PLAT BOOK 28 AT PAGE 51 CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO LIASONR NEILHERI BY CERTIFY TO IPRP MILL LL THAT AMAPROFESSION CATTALLAND SURVEYOR LICENSED I UNDER THE LAWS OFTHE STATE OFCOLD ONM KNOWLEDGE CONDITIONS SURVEY IS TRUE. CORRECT AND COMPLE FF B \STD HA I T R I XISTING INFORMATION AND BELIEF AS LAID OUT AND SHOWN HEREON, ER ITINSIRI CONDITIONS WAS MADE ENOTA FROM AN C RARRANY YOFT EXPRESSED EALPRPROPERTY PERFORMED THAT PERFOR Ev WASMADEBYME FROM ANACCURATESURVEYOF THE REAL PROPERTY PERFORFIED BY ME OR UNDER MY DIRER SUPERVISION ON MAY 10. -JUNE 01.20'_I DATED AUGUST 19. 2021 /f 50 '.N jJ BY S( Nk2. IL, P I. 9,),�N RAN 13aP LFOI .$6 VEYIN .INC W 1 FOUND RI:IIAR W Ili -YELL LOW PLASTIC CAP. PLS ISIIU 1 65.5L SQ FT. 11 159] ACRES ZONING R-W 1 SEWER M1IANHOLE� - - (2 u)��MAIL " r BOX APPROXIMATE LOCATION CABLE ' 'P OF FEMA REGULATORY PEDESTAL 1 yT FLWDWAY, SEE NOTE NB (TYPICALI F \ BRl GE _ DITCH -I - OR J� FOUNDx5REBARWITH f�fA 1114• YELLOW' PLASTIC yF CAP. PLS 15710 1'BM EL•]]60.U3- LOT I I BLACK BIRCH EST. \ rItl SIDESETBACK PER COA R-30 ,XiIv- Tf df IOU - II - 'J. 1 LOT IU. BUCK BIRCH ESTATES SUBDIVISION. ACCORDING TO THE FINAL PLAT RECORDED MAY I. 196] IN PLAT BOOK 3 AT PAGE 2J4 AND THE FIRST AMENDED PUT RECORDEDIANUARY X), 19V2IN PUT BOOK 28 AT PAGE 51. CITY OF ASPEN. COUNTY M FIRE PITKIN. STATF.OF COLORADO I IYD0.ANT 3 WDR) 'WELL TONE. v 5 HIIXiE�� � I ..wwrx _... WALK �y0 / STATUES Jx O ITYPICAI.I� ITH_ND CTyI Y FF LEVEL OLCK 9 775R94 , (TYPICPEDESAL) AL � _l y )TYPICAL) V $ n EF hh CAMERA v4 rV 'I`))S I85 STONE550 IEr.Ncrl {y.�^ YARD) � 1 �� )TYPICAL) 1 Z: - SED TONE po TOP OF SLOP -" BENCH—_ ® `C _ ': +'--I� (( Tmo�q',, - A ` / (SEE NOTENUT ' IRRIGATION- 1 / I - ``..1-II.� I.i lj ]>x6 • EF Jp a ISSEFBAC 130% • . FROM TOP `URGE BOULDER ENCROACHMENT L B I- ,AROUND - 7739 61 AREA OF PERPETUAL EXCLUSIVE. (TYPICAL) r OFSLOPE LOT E%)STING I MPROVLMEN IS WITHIN LOTS ENCROACHMENT EASEMENT AROUND ( � J F.UI/2021I ASPEN MEADOWS �PUMP1-0llSL PER REC' N031 )4lll EXISTING CT8P RRE N WITHIN25 APPROXIMATE LOCATION 122 � 'C I L ` ` CITY OF ASPEN LOI'y TRACT PER RLC.NU 497925 OF FEM1fA REGL'L\TORY 1 BRIDGE IV UTILIN BUCK BIRCH EST FLOODWAY, SEE NOTE xB � I'I IiKIDGF EASEMENTi PER PUipKl PG 2.jq I000 ]]SN 55'� {ro7 FF SIDE SETBACK MULTI-STOR\' TUB]73R YY PER COA R-30 WOOD FIM 51'ONE .i FRAME I{OlISE _ In' SIDE --DECK,i, TRAI B M ELECTRIC SFRICK N BI ACK BI RCH Est BOX AND I'F 1 IT R _PERCOAR.X. CONCRETE ST E `. IA FILTER RIDGE ]767421 _ %Y Ul 11J4' PLASTIC 1 CAP, PLS 25W] RIP RAP LINED AREA v 11 S BK 668 PG 23J BK3 PG 2JJ 5 , 1 APPROXIMATE LOCH -ION OF TEMA CROSS-SECTION II STUDY LINE -PW -I -I- ISREAR SETBACK PER CUA R-30 WOOD LINED DITCH 3 I BRIDGE (BASIS OF BEARING) Ilt _ Lt"C1JP RLU ._�� CURVETABLE CURVE k ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH CI 2540 IOW 48.3tl52- NNI-31'IM•E 2{63 # THU4 - % APPROXIMA DRIVEWAY ALL I I --9-- _ DR LL -- _ - \ CROSSSECTIONA _ "NTT \I ` STURY LME-]]60 -II STONE. WALL ONE WALL SIONEW L1 �� ]]M'F., STONI: GR}}}AIL OP]]59J TOE�7156 3' BRIDGE TOP-]7615n' I 775J,9"' F.F STONE _ TOP�176151. T 56 3 ],95 \ :�I t'�-PINK BRIDGE I STORY SHED n.' ( , PIN F FyTM RT I CHIMNEY FLAGS 3,6IXJSFt v RIDGE -I - IIM1'.DRA WITH ]]832' � R TUGSTONE , � ` pF BOUNDARY P\THSAN. SPEAKER 1`p SUM Cr11MNEY PATIOITYP.1 (TYPICAL! {� IN CREEK 2SFDR))6)ED .N A 711" � \I\IER �n 2ND LVL•77739 y ; ,STONE ALL \vIHILE RIIXiE•]]M ♦ �� Toe np •\ I 2ND ---- _ UN DSCAPF I V OTI LITY EASEMENT I\ -HIGH WATER 152 v r—I.IGI{T Pt R PI..A F BK A PG 51 Jt•C VB1 --- STEPS 4i �V. -r _ / g rT)PIC>I.1-x OTi LINE(S[E - - - O\- I CH NOTE x9) PXS 11BO%ES \g1q,L Wo STONL r-- 1 - - - - - — U TRf TE FIRE BRIDGE _ — STONE ATH U 1 _ F 66 VJ KLF. B:\— LL F PIC LL �. RIIXf 77A'_1-' COLRi 4 ♦ WOOD ITClI FF-77651' 'BE\ II D1TCN JS`CMP J I FIRI:W X)D SHED / WALK F 77 50R --- - ® FIREPLACE FOUND xS REBAR 11 FF,7767OF WITHI I. -YELLOW--- FOUNDxS REBAR APPROXIMATELOCA—_/RIDGE•7782.T PLASTIC CAP. PLS LOT ASPEN MEADOWS CITY OF ASPEN SLOPE TABLE NUMBER MIN. SLOPE MAX. SLOPE COLOR I AREA I O.00L% 20000% 1J68383 2 20= 300W% 38T139 3 W.WO% R5W0000kb 18Ob5.82 WITH 1 114 YELLOW OF FEMA REGULATORY PLASTIC CAP, PLS FREGULATORYLOODWAY.SEENOTEN. 15710 W-.. e1sK $LlrveyinS, Q C. D.-Br, IG C xrkM By IRN P,O, Box 1746 Rifle, CO 81650 Phone(9701615-1954 le Fax (970)579-7150 WWW.p=ks_cyinginc.com TUNE 18. 2021 ComP9ler e, T_ Est. 2001 004 /-____ If, Date Revision 0711421 ADD SLOPE ANALYSIS 0722(11 UPDATESURVEY UPDATE SURVEY 15710.4991WITNESS CORNER , LPRP MILL, LLC. Project NO. CITY OF ASPEN. COLORADO 21004 EXISTING CONDITIONS SURVEY LOT 10, BLACK BIRCH EST. 1100 BLACK BIRCH DRIVE 1 OF 3 -I. TREE TDE DIAMETER ORIPOIAAETER ELEVATON TREE% TREE TYPE DIAAETER DRIP DIAMEIER ELEVATION TREE TREE TYPE DIAMETER DRIPOIAMETER ELEVATION TREE. TREE TYPE DIAMETER DRIPDIAMETER EIEVATION MARE 2' f T590 T% COTTONWOOD IV 30 7M11 Till NNE 2' S' 7M4.2 IT. OOTOHW000 36' W )1636 ti NNE 3' f 77991 757 COTTONWOOD 21 M' 7M04 T112 COTTOMWOOO 12' W TES.G T167 CCTTONW000 1E' 25' 7M40 t3 NNE 3' f ]M95 - NNE 12' 25' MID T113 COTTONWOOD 24' IS 7265.,E Ti. NNE 16' 1. 7M50 RNE Y IT 7M9.4 TO CORONW000 W25' TWA T114 OOTONWODO IS W T65.4 Ti69 COTTONWOOD 16' IS' 7M35 TS RNE 3' IT 7M9.1 TED [OROHW000 ICI' 2S 71605 TIM COTTONWOOD I6' W ]MIS 7170 COTTONWOOD 1E' IS Mil T6 NNE 9' IS 7799./ TEE DECIDUOUS /' W 77 T116 COTTONWOOD t6' 25' )MI6 Till COTTONWOOD 24' W 7)61.1 T NNE 3' IT n59.1 TW NNE IV W IT T31) COTTONWODO 24' W Thu nn COTTONWOOD T V 7M4a Td NNE 3' IT T59.4 TW NNE IV IS T627 Tile RNE 16' 25' 7MI3 Tin COTTONWOOD M' W )26I.2 T9 NNE T f ml T64 RNE TV IS ML4 T219 COTTONWOOD w W T6I1 7274 NNE d' M' 7M4.0 11. RNE rf 7M9.2 TES RNE T M' T623 TILED COTTONWOOD 2I' W 7M14 TITS NNE 10' W T61E Tl1 NNE rf 7)593 T66 NNE IV 25' 7M2 ME NNE EO' W ]M3.6 TITS NNE U' IS 7M3.6 I. NNE EX 2V 7764.4 767 RNE 9' M' T62D I'm PI NE 10' W )MIA 7277 NNE 10' 25 IT .1 T13 NNE III"W MID TW NNE - •- MIS 11 COTTONWOOD 2W IS7M27 IT COTTONWOOD W IS' IT .9 T14 RNE I., W MR.3 TW NNE 9' 2S ]M09 1124 ME IV W MIS Ti79 COTTONWOOD 1E' IT IT 2 TM NNE 10' IS TS).4 IM NNE IC wm" Tn5 COTTONWOOD I, W 7M33 TIM COTTONWO00 IT W T64.i TIE RNE rf 7M7E ITT COTTONWOOD 24' n' M11 TIM NNE NNE IC 7]62A ME COTTONWOOD Id' W 7M5.7 TIT RNE rf TS7.7 772 NNE 10' 25' T60A Tit] NNE I' f T62L TiE2 COTTONWOOD 12' W MSS In NNE rf lM71 T73 NNE IW 25' 7160E T26 NNF r25' 7M3D TIW COTTONWOOD IT W ]M5.4 TO COTTONWOOD IV W 7M R.3 T4 NNE M' M' 7M73 Ti29 RNE IV W 77631 TIN COITONWO00 it W MIA TAI NNE 3' IT T59.3 TS NNE d' 16 7M9.9 TIM RME 1' S' 71,51.7 TlM WTTONWO00 r 10 7)65.0 nl COTTONWOOD 24' W T5E.3 T76 NNE 14' M' 7M0.] Tl3l AM 10' 25' 77631 TI66 COTONWODO 36' S0 TES9 In COTTON - 36' b 77566 T7 COTTONW000 II' 30 T59D 7132 NNE rf 7M21 TEST m- 1T W ]MI.9 mCOTTONWOOD 1E' W MILE In NNE f 12' 7M9] TOO ARE 10' W n63.2 TIRE ASPEN 12' W "USn4 NNE 16' W -.2mCDTONWOOD IT 30 T60.6 TEN NNE fY W ITO4 TIM COTTOIWO00 w IT -39 TIS COTTONWOOD T 1f TS)E TM 77777E 6' f T602 733S NNE i2' W 7763E TOO COTTONWOOD 12' W 7M4.5 1M COTTONWOOD 14' W 7M).5 nl COTTONWOOD 16' W 776 1136 NNE T IS' T63.5 T391 COTTONWCOD r M' 7M2.7 T77 COTTONWOOD 16' IS MITTelCOTTONWOOD 14' IS T613 T137 RNE Sr IF M44 TIM COTTONWOOD %2 2A' 30 T6I4 m COTTONW000%2 1V 35' 775E.0 TE3 COTTONWOOD%/ 12' 45' MI.1 11"'RNE 6' W 7M3.9 Tin COTTONWOOD lr W T64.3 mRNE C IE MILETE4 COTTONWOOD 22' i5' T620 TIM RNE rn 7M.41 T19I COROINWDOD IV IS T644 TID RNE 1E' 4f MI. 9 TES COTTONWOOD IC 30' M3.1 TI40 NNE ra ]MCC TOO CDITONWO00 16' W mil7M Tit NNE lI 30' (.6 TM COTTONWOOD IS' IX 7MIA n41 NNE 1 IS' 77"1 7296 CDTTONW000 9' 15' M34 731 NNE 6' 10 M7.7 n7 COTTONWOOD 14' IV T623 T142 NNF 4' IS' 7MI.4 T397 COTTONWOOD i2 24' IT 77WD TI3 RNE IW 25' 7M9.S TM COTTONWOOD%2 1E' 35' 7MLI TIW RNE 5' a TWA TOR NNE 42' SO TWO TN RNE IV 17 7M9.6 TM COTTONWOOD%2 14' W 7MID TII4 RNE T If ME "I" CORCNWDCO lY W 7M39 Tz RNF 14' W 7M9.6 T90 COTTONWOOD 14' 35' ME 1, 5 RNE 2T 35' ]MID 7200 COTTONWOOD%2 2E' 40 T624 I. RNC TV 16' 779.E "I COTTONWOOD 14' 11' MIT T3I"RNE 6' a ME ml TTOOOD COTTONWOOD 21 w T63.0 m RNE ]d' wS'D 7M T2 ASPEN rW ml.6 TIO RNf r If MID TIM COTTONWOOD 24' 35 T611 m NNE 6' IZ 7)SE3 T93 NNE 6' 12' MIS n4E COTTONWOOD IV IS' 7MIR ME COTTONWOOD 3W W MIS RNE 9' IT ]M6.] 04 COTTONWOOD %] 12' 32' Tfi36 n49 COTTONWOOD 1Y L5 ]ME, T204 COTTONWOOD w w T619 Tv ASPEN 6' f 7M3.7 T95 ASPEN I 6' MIS T150 NNE 6 IS ]M 53 T20S COTTONWOOD IT w7M35 141 NNE 10' IV M9.5 T96 ASPEN 6' f MC7 TISl COTTONWOOD 10• IS 7MIR TM6 WTTONWOOD wwME 4 T42 NNE 10' M' 7M9.] T97 ASPEN 4' 4' 7MIA T152 COTTONWOOD Y IS' M34 T207 COTTONWOOD 42' SO' 7M.2 T43 MARE 2' 10 7M9.6 T9E ASPEN 4' 6' TWA TI53 COTTOMW000 W 15' MIT T208 CD1TONW000 T M' T66.7 TM MANE r 10 7M9A I" COTTONWOOD Id' 14' T65.2 T151 NNE T IS 7M2.9 1209 COTTONWOOD w 35 TW.I To RNE ID' 2V 7M03 T100 COTTONWOOD T If MI. Tin NNE r M' MITn10 COTTONWOOD r10 T64A T46 COTTONWOOD 24' 25. n60.5 TIM COTTONWOOD n' n' ]M4) TM NNE 5' li TW.6 Till COTTONWOOD t2' IS' IT I T47 NNE T W 77M5 TIM COTTONWOOD IS' if T6I.E TEST NNE 4' 37 7M51 n12 COTTONWOOD 36' 4f TWA To NNE I' W T60.6 TIO) COTTONW000 IV W MIA TOO RNE rII T64A n13 COTTONWOOD if IS M5.1 T49 COTTONWOOD 14' IS 770E T304 COTTONWOOD 11 W MIS TI59 RNE 6' IF 77WE n14 COTTONWOOD wIS' TWO T. COTTONWOOD 24' IS T60.2 1105 NNE 6' I2' ]M3.4 TIED NNE 6' IS' M43 nM COTTONWOOD wW IT .2 T'I COTTONWOOD 1: W T6 0.S T106 NNE V 7M33 I'mRNE P w TW.3 n16 COTTONWOOD Ir IS' --- T51 COTTONWOOD i4' M' T60.4 1107 COTOMWOOD 21 M' )M4.] TIW COTTONWO00%2 IV 2V T633 T217 COTTONWOOD IV M' 7M1.3 TSI RNE 6' W T60.6 TIOE NNE T W M46 TIW NNE jr IF 7MI8 TIM COTTONWOOD w4S' M&A CDTTDNWDDO 24' W T6iD T109 RNE 2' V MI-2 TIN/ COTTONWOOD W W 763E TSS COTTONWOOD N' W 7M" T110 DEOOUONS I10 MIA TIW NNE 14' w T616 CURVE TABLE CURVE # ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH CI ±5 as 3000 JS•3V52' N3J•31'Ob•E _J 63 EXISTING CONDITIONS SURVEY LOT 10, BLACK BIRCH ESTATES SUBDIVISION, ACCORDING TO THE FINAL PLAT RECORDED MAY 1, 1967 IN PLAT BOOK 3 AT PAGE 244 AND THE FIRST AMENDED PLAT RECORDED JANUARY 30, 1992 IN PLAT BOOK 28 AT PAGE 51 N CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO Jjvcyi4 � r w W 2-�9 ° 9 E ±Ja IN ±la IW IFJ S GRAPHIC SCALE ( IN FEET 1 inch = 20 It leo YEAR FLOODPLAIN MBITI IL LOCATION BASEDON WOOD A ST FEMA VERTICAL INTO AS SHOWN ON THE SGM WITH?ND LEVEI. DECKGORDON PROPERTY Fl.O0DPI. AMAP M DATED MARCH 1991 - IOU YEAR FLOODPLAIN LOCATION BASED ON DEFAILEDFLOOD STUDY BY SGM OF THE GORDON PROPFRTY PER THE FLOODPLAIN MAP DATED MARCH 1991 ML'l: Tl-STORY W WD C STONE FRAME HOIISF ZONE AE PER FEMA \ PANE O DA TED TUNE )UNEN. BJ. M C O ZONE AE PER FEMA PANEL(4N7Co?B3C DATED JUNEW. 19107 FLOOD%AY PER FE IA PANEL B>g9)CO203 C DATEDJUNEo1.1981 Jf !f✓ T7g3' %. 'Orl !W ��1d L L JVD SO w" Qe Surveying, �nC 2 D—B, NO. Dale Revision BY Project NO. I 07/1421 ADD SLOPE ANALYSIS JRN LPRP NmL. LLC. cLCFea Br CITY OF ASPEN. COLORADO 21004 P.O. Box 1746 JRN 2 072221 UPDATESURVEY JRN Rifle, CO 81650 3 OS/18121 UPDATE SURVEY JRN EXISTING CONDITIONS SURVEY Phone 70) 57_-7 50 '_� LOT 10, BLACK BIRCH EST. Faxaksu 579-71 c. JUJE 18 2021 4 08/1921 UPDATE SURVEY JRN www.peaksurveyinglBacom 1100 BLACK BIRCH DRIVE 3 OF 3 f,- Est. 2001 PLANNING REVIEW MAP OF: ROARING FORK RIVER CROSS SECTIONSZSTREAM MARGIN REVIEW LINE CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHF,ET i OF 18 �- o �z Ir INDEX SHEET 7: XSEC-1 998+03.16 THROUGH XSEC-13 1009+10.51 SHEET 8: XSEC-14 1010+26.95 THROUGH XSEC-29 1026+00.05 SHEET 9: XSEC-30 1027+04.15 THROUGH XSEC-44 1040+97.44 SHEET 10: XSEC-45 1041+96.29 THROUGH XSEC-51 1048+81.62 SHEET 11: XSEC-52 1049+50.41 THROUGH XSEC-63 1061+25.40 SHEET 13: XSEC-64 1062+32.83 THROUGH XSEC-74 1071+99.67 SHEET 131 XSEC-75 1073+57.31 THROUGH XSEC-81 1079+95.47 SHEET 14: XSEC-82 1080+88.83 THROUGH XSEC-89 1087.75.84 SHEET 15: XSEC-90 1089+99.17 THROUGH XSEC-107 1105+22.64 SHEET 16: XSEC-108 1106+36.27 THROUGH XSEC-131 1133+22.81 SHEET 17: XSEC-132 1135+02.36 THROUGH XSEC-155 1159+45.81 SHEET 18: XSEC-156 1160+54.56 THROUGH XSEC-167 1172+80.48 SURVEYORS STATEMENT 1, MARK S. BECKLER, DO HEREBY STATE THAT THIS SURVEY WAS PREPARED BY SOPRIS ENGINEERING, LLC FOR THE CITY OF ASPEN, COLORADO AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. p U GPS-20 NVGD 29 7901.14 GI z t, H ti O� a Ofv= �pI A/N ST a \ GPS-7 / NVGD 29 7929.64 1 CITY OF ASPEN PROJECT STATEMENT.* SEE SHEET 4 THE INTFJVT OF THIS MAPPING PROJECT IS TO PROVIDE THE CITY OF ASPEN STAFF WITH A TOOL TO ANALYZE THE GIS LOCA77ON OF A PARTICULAR DEEDED PROPERTY TO THE ROARING FORK RIVER STREAM MARGIN RENEW LINE AND 70 AID IN DETERMINING IF A DEVELOPMENT REVIEW APPLICA770M WILL NEED 70 SUBMIT S17E SPECIFTC STREAM MARGIN DATA. ROARING FORK RIVER STREAM MARGIN RENEW MAP TO BE USED FOR PLANNING ONLY. SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 21 SEE SHEET 5 Il 6� 29 8024.95 SURVEY NOTES 1. DATE OF SURVEY, APRIL-JULY. 2000 2. DATE OF PREPARATION, JUL Y-OCTOBER, 2000, UPDATED SEPTEMBER 2001. J. BASIS OF SURVEY CITY OF ASPEN, GIS MAPPING, THE 1998 DREXELL BARRELL/CITY OF ASPEN GPS CONTROL MONUMENT SURVEY AND THE USGS BENCHMARKS S519, P159 AND THE USGS ALUM. TABLET AT SW CORNER PITKIN COUNTY COURTHOUSE (0-159). 4. BASIS OF ELEVA770N., AN NAVD 88 ELEVA77ON OF 7920.88' ON THE USGS BENCHMARK S159. THE NAVD88 PROJECT DATA BASE WAS TRANSFORMED TO NVGD 29 ELEVA77ON DATUM BY APPLYING A CORREC770M OF -5.31' (BASED ON PUBLISHED & FIELD SURVEY DATA ON THE BENCHMARKS LISTED IN M07E NO. 3. 5. WR77CAL DATUM: NVGD 29 DATUM (FEMA DATUM). 774E FIELD DATA/CROSS SEC77ONS WERE LOCATED BASED ON THE 1988 CITY OF ASPEN CONTROL SURVEY (NAVD 88) AND TRANSFORMED TO THE 1929 DATUM BASED ON THE FOLLOWNG A. THE BENCHMARKS IDENTIFIED IN NOTE 3 WERE LOCATED PER THE NAIAD 88 DATUM AND A MEAN ELEVA77ON DIFFERENCE BETWEEN THE 88 AND 29 DATUMS FOR THOSE BENCHMARKS WAS DETERMINED TO BE -531: B. ALL THE FIELD LOCA770H AND CROSS SEC77ON POINT ELEVATIONS WERE ADJUSTED BY -5.31 AS A BLOCK TO REFLECT THE NVGD DATUM WHICH IS CONSISTENT WITH THE GIS AND FEMA MAPPING. 6. HORIZONTAL COORDINATE SYSTEM' THE CITY OF ASPEN GIS MAPPING COORDINATE SYSTEM. THE FIELD DATA/CROSS SEC77ONS WERE LOCATED PER THE 1998 CITY OF ASPEN CONTROL SURVEY MODIFIED STATE PLANE COORDINATE SYSTEM AND TRANSFORMED TO SAID GIS SYSTEM AS FOLLOWS: A. IDEN77FIABLE BRIDGES AND STRUCTURES SHOWN ON THE GIS MAPPING WERE FIELD LOCATED ALONG 77-IE EXTENTS OF THE CROSS SEC77ONS. B. ALL THE FIELD LOCA7IONS AND CROSS SEC77ONS WERE THEN ROTATED AND 7RANSLATED AS A BLOCK TO THE GIS SYSTEM BASED ON POS177ONS WHICH MINIMIZED THE APPARENT DISCREPANCY BETWEEN SELECT BRIDGE AND STRUCTURE CORNER LOCA77ONS REPRESENTED IN 80774 THE CIS AND FIELD SYSTEMS. 7. THE 100 & 500 YEAR FLOOD PLAIN, SHOWN HEREON, IS LOCATED BASED ON THE FOLLOWING: A. THE FLOOD INSURANCE RA 7E MAPS (FIRM) PREPARED FOR PITKIN COUNTY, COLORADO PANEL. No.S 08097CO201 C, 08097CO203 C, AND 06097CO204 C EFFEC77VE DATE JUNE 4, 1987 WERE SCANNED AND OVERLAID TO THE GIS HORIZONTAL DATUM BY THE SAME ME774ODS IDENTIFIED IN N07E 6. B. THE FIELD CROSS SEC770.V POINT DATA WAS USED TO DEVELOP A DIGITAL TERRAIN MODEI FOR THE RIVER CORRIDOR. THE LIMITS OF THE 100 YEAR FLOOD PLAIN WAS THEN ESTABLISHED BY THE INTERSEC770N OF THE FIRM PANEL ELEVA 77ON CROSS SEC77ON LINES GMTH T::E CORRESPONDING ELEVA77ON DETERMINED FROM THE FIELD MODEL. 8. THE TOP OF BANK LINE REPRESENTS FIELD SURVEYED LOCATIONS, BUT DOES NOT CONS77TUTE A SLOPE FAILURE L'NE NO GE07ECHNICAL WORK WAS PERFORMED AS A PART OF THIS SURVEY. 9. THE EXIS77NG COND177ONSITOPOGRAPHY SHOWN HEREON ARE FROM THE CITY OF ASPEN GIS MAPPING. MONUMENT LEGEND V USGS CONTROL STATIONS/BENCHMARKS 1988 CITY OF ASPEN - DREXEL BARRELL & COMPANY CONTROL MONUMENTS µW." it,JU 7 1 - ,4Aff 1 fs �rysl��nnmu\a GRAPHIC SCALE :eoo ( IN FEET ) i inch - 700 fL BY.: _�________-_ MARK S. B£CKLER L.S. No, 28643 zmk.m m/xs/n >wksco-ac c� se PLANNING REVIEW MAP OF: ROARING FORK RIVER CROSS SECTIONS/STREAM MARGIN REVIEW LINE sec 2 CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO Sec SHEET 2 OF 18 SURVEY NOTES 6. HORIZONTAL COORDINATE SYSTEM: THE CITY OF ASPEN GIS MAPPING COORDINATE SYST9,4. THE FIELD DATA/CROSS /k 1. DATE OF SURVEY, APRIL-JUL Y, 2000. SECTIONS WERE LOCATED PER THE 1998 CITY OF ASPEN sec ra 2. DATE OF PREPARATION: JUL Y-OCTOBER, 2000, UPDATED AND TRANSFORMED TO MODIFIED STATE SYSTEM SAIDSCI SYSTEM AS FOLLOVI 5 57EP7EM6ER 2001. A. iDENDFlABLE BRIDGES AND STRUCTURES SHOWN ON THE 3. BASIS OF SURVEY.CITY OF ASPEN, GIS MAPPING THE GIS MAPPING WERE FIELD LOCATED ALONG THE EXTENTS OF 1998 DREXELL BARRELL/CITY OF ASPEN GPS CONTROL THE CROSS SECTIONS MONUMENT SURVEY AND THE USGS BENCHMARKS S519, P159 AND THE USGS ALUM. TABLET AT SLY CORNER PITKIN COUNTY B. ALL THE FIELD LOCATIONS AND CROSS SECTIONS WERE .\�� � 1 COURTHOUSE CO-159). SYSTEM BASED ON POS177ONS7W ICH MINIMIZED T O THE ...r*�_ 11 THE APPARENT BANK XSEC x 4. BASIS OF ELEVATION: AN NA VD 88 ELEVA DON OF DISCREPANCY BE71�EN SELECT BRIDGE AND STRUCTURE m 7920.88' ON THE USGS BENCHMARK S159. THE NAVD88 CORNER LOCA7ONS REPRESENTED IN BOTH THE GIS AND FIELD --�� +�� ,.� �TM,,.�.'�e PROJECT DATA BASE VIAS TRANSFORMED TO NVGD 29 SYSTEMS. ELEVATION DATUM BY APPLWNG A CORRECTION OF -5.31' 7 THE 100 & 500 YEAR FLOOD PLAIN, SHOWN HEREON, IS ". 8 (BASED ON PUBLISHED & FIELD SURVEY DATA ON THE LOCATED BASED ON THE FOLLOWING — \ ' BENCHMARKS LISTED IN NOTE NO. J. (FE 5VA. THE FLOOD INSURANCE RATE MAPS (FIRM) PREPARED FOR . c'RDCAL DATUMNVGD 2 .• 9 DATUM DATUM)THE PI . TKIN COUNTY, COLORADO PANEL No.S 08097CO201 C, FIELD DATA/CROSS SECTIONS WERE LOCATED BASED ON THE 08097CO203 C, AND 08097CO204 C EFFECTIVE DATE JUNE 4, 1988 CITY OF ASPEN CONTROL SURVEY (NAVD 88) AND 1987 WERE SCANNED AND OVERLAID TO THE GIS HORIZONTAL C M SQ�c TRANSFORMED TO THE 1929 DATUM BASED ON THE FOLLONAIC DATUM BY THE SAME METHODS IDENTIFIED IN NOTE 6. A. THE BENCHMARKS IDENTIFIED IN N07E 3 VrRE LOCATED B. THE FIELD CROSS SEC77ON POINT DATA WAS USED TO GRAPHIC SCALE oR -x♦ g "`"\.,� PER THE NAVD 88 DATUM AND A MEAN ELEVA77ON DIFFERENCE DEVELOP A DIGITAL TERRAIN MODEL FOR THE RIVER CORRIDOR. 1w BETV✓EEN THE H88 AND 29 DATUMS FOR THOSE BENCHMARKS THE LIMITS OF THE 100 YEAR FLOOD PLAIN WAS THEN VIAS DETERMINED TO BE -5.31: ESTABLISHED BY THE INTERSECTION OF THE FIRM PANEL ELEVATION CROSS SECT70N LINES NTH THE CORRESPONDING EDGE OF RID GRAND TRAIL B. ALL THE FIELD LOCATION AND CROSS SECTION POINT ELEVA DON DETERMINED FROM THE FIELD MODEL. IN FEET � ELEVA77ONS MERE ADJUSTED BY -5.31 AS A BLOCK TO finch = 100 It. REFLECT THE NVGD DATUM WHICH IS CONSISTENT NTH THE GIS 8. THE TOP OF BANK LINE REPRESENTS FIELD SURVEYED AND FEMA MAPPING. LOCATIONS, BUT DOES NOT CONS77TUTE A SLOPE FAILURE LINE. NO GEOTECHNICAL WORK VIAS PERFORMED AS A PART OF THIS SURVEY. ff iy �1 � 9. THE EXISTING CONOIDONS/TOPOGRAPHY SHOLiN HEREON ARE 4� 9 IRLADIUG \. C' FROM THE CITY OF ASPEN GIS MAPPING. 1 YEAR FLOOD PL41M \ MITS SEE NOTE 7 TOP O SOPRIS ENGINEERING — LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARDONDALE, COLORADO 81623 (970) 704-0311 1 I� I TOP CF gUTTc S ,20121 ,72 YEAR FLOOD PLAIN OMITS SEE NOTE 7 120i 1021f00 A 8 NT LOOT T IN ^ CCJJA 28 9 EDGE OF Rio GRAND TRAIL 'I ­ BAN PLANNING REVIEW MAP OF: ROARING FORK RIVER CROSS SECTIONS/ST-10\,EAM MARGIL REVIEW LINE ° � V \ cA OF BANK xsec 45 ° 0 )xsec 45 ( o CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 3 OF 18 SURVEY NOTES' I. DATE OF SURVEY: APRIL—JULY, 2000. DATEOF EPARA770N: JULY—OCTOBER, 2000, UPDATED \ R 1. SEP 200 J. BASIS OF SURVEY., CITY OF' ASPEN, GIS MAPPING, THE \ ITY F ASPEN CTHE O BENCHMARKS 9, P 59 MONUMENT SURVEY ANDUSCS BENCH AND THE USCS ALUM. TABLET AT SW CORNER PITKIN COUNTY COURTHOUSE (0-159). r. BASIS OF ELEVATION: AN NAVD 88 ELEVATION OF 7920.88' ON THE USGS BENCHMARK S159. THE NAVD88 PROJECT DATA BASE WAS TRANSFORMED TO NVGD 29 ELEVA77ON DATUM BY APPLYING A CORREC77ON OF '4t .. (BASED ON PUBLISHED & FIELD SURVEY DATA ON THE BENCHMARKS LISTED IN NOTE NO. J. sec 4 ' TOP OF BANK 9 Yf'� � 100 Y-.AR FLOOD PLAIN U ,ITS .. TE 7 10 4 xsec sec 5 ec TY e TOP of l� 5. VER77CAL DATUTA: NVGD 29 DATUM (FEMA DATUM). THE FIELD DATA/CROSS SECTIONS WERE LOCATED BASED ON 774E 1986 CITY OF ASPEN CONTROL SURVEY (NAVD 88) AND TRANSFORMED TO THE 1929 DATUM BASED ON THE FOLLOWING A. THE BENCHMARKS IDEN7FIED IN NOTE 3 YrRE LOCATED PER THE NAV9 88 DATUM AND A MEAN ELEVA770H DIFFERENCE BETWEEN THE 88 AND 29 DATUMS FOR THOSE BENCHMARKS WAS DETERMINED TO BE —5.31'. B. ALL THE FIELD LOCATION AND CROSS SECTION POINT ELEVA77ONS YORE ADJUSTED BY —5.31 AS A BLOCK TO REFLECT THE NVGD DATUM WHICH IS CONSISTENT VVITH THE GIB AND FEMA MAPPING. 6. HORIZONTAL COORDINATE SYSTEM: THE CITY OF ASPEN GIS MAPPING COORDINATE SYSTEM. THE FIELD DATA/CROSS SECTIONS WERE LOCATED PER THE 1998 CITY OF ASPEN CONTROL SURVEY MODIFIED STATE PLANE COORDINATE SYSTEM AND TRANSFORMED TO SAID GIS SYSTEM AS FOLLOWS.' A. IDEN77FIABLE BRIDGES AND STRUCTURES SHOWN ON THE GIS MAPPING WERE FIELD LOCATED ALONG THE EXTENTS OF THE CROSS SECTIONS. S. ALL THE FIELD LOCA7ONS AND CROSS SEC77ONS WERE THEN ROTATED AND TRANSLATED AS A BLOCK TO THE GIS SYSTEM BASED ON POSITIONS WHICH MINIMIZED THE APPARENT DISCREPANCY BETWEEN SELECT BRIDGE AND STRUCTURE CORNER LOCATIONS REPRESENTED IN BOTH THE GIS AND FIELD SYSTEMS. Z THE 100 & 500 YEAR FLOOD PLAIN, SHOWN HEREON, IS LOCATED BASED ON THE FOLLOWNG GRAPHIC SCALE A. THE FLOOD INSURANCE RATE MAPS (FIRM) PREPARED FOR PITKIN COUNTY, COLORADO PANEL NOS 08097CO201 C, 08097CO203 C, AND 08097CO204 C EFFECTIVE DATE JUNE 4, 1987 WERE SCANNED AND OVERLAID TO THE GIS HORIZONTAL ( IN FEEL ) DATUM BY THE SAME METHODS IDENTIFIED IN NOTE S. I inch = 100 M 8. THE FIELD CROSS SECTION POINT DATA WAS USED TO DEVELOP A DIGITAL TERRAIN MODEL FOR THE RIVER CORRIDOR. THE LIMITS OF THE 100 YEAR FLOOD PLAIN WAS THEN ESTABLISHED BY THE INTERSECTION OF THE FIRM PANEL ELEVATION CROSS SECTION LINES WITH THE CORRESPONDING .�°a�A•°Q{°�""� 9°� ELEVA77ON DETERMINED FROM THE FIELD MODEL. 8. THE TOP OF BANK LINE REPRESENTS FIELD SURVEYED , r28� ' LOCATIONS BUT DOES NOT CONS77TU7E A SLOPE FAILURE LINE. NO GEOTECHNICAL WORK WAS PERFORMED AS A PART OF THIS SURVEY. •'4gii nA` 1pDC 9. THE EXIS77NG COND177ONS/TOPOGRAPHY SHOWN HEREON ARE FROM THE CITY OF ASPEN GIS MAPPING. ffwmm�� _a. E_ - 100 YEAR FLOOD PLAIN \ h` ' '' x Cj c 65 LIMITS SEE NOTE 7 't\� _ 64 4 SOPRIS ENGINEERING — LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (Q70l 7(14—(1R11 mw+.m oz/zc/oz o asc mw CONNECTING WATER TO LIFE July 23, 2021 Glenn Horn, AICP Davis Horn Incorporated Via email: gahorn43agmail.com RE: Ordinary High Water Line and Top of Slope Dear Glenn, The purpose of this letter is to certify that on May 6, 2021, 1 identified and flagged the top of the slope and the ordinary high water line on the left bank of Castle Creek within the property located at 1100 Black Birch Drive, Aspen, CO. Identification of these features was completed according to the definitions included in the City of Aspen's Land Use Code; following guidelines included in applicable technical references (e.g. USACOE, 2014); and based on my more than 15 years of experience as a water resource engineer.' The flags I placed along the top of the slope and ordinary high water line were subsequently reviewed by Hailey Guglielmo of the City of Aspen Engineering, surveyed by Peak Surveying, Inc. and utilized to delineate these two features, as shown on the "EXISTING CONDTIONS SURVEY — LOT 10, BLACK BIRCH ESTATES SUBDIVISION" dated July 22, 2021. Sincerely, LRE WATER R _1�a 4041 P Raul Passerini, PE, CFM Sr. Project Manager 21621 LRP001 RP/rp USACOE, 2014. A Guide to Ordinary High Water Mark (OHWM) Delineation for Non -Perennial Streams in the Western Mountains, Valleys, and Coast Region of the United States. M.K. Mersel and R.W. Lichvar. U.S. Army Corps of Engineers. August, 2014. ROCKY MOUNTAIN I M I D W E S T I SOUTHWEST I TEXAS Prepared for: Davis Horn, Inc. 215 S. Monarch Aspen, CO 81611 Prepared by: Red Mountain Environmental 802 Palmer Avenue Glenwood Springs, CO 81601 August 1, 2023 Aquatic Resources Delineation Report 1100 Black Birch Drive City of Aspen, Colorado Aquatic Resources Delineation Report 1100 Black Birch ii Table of Contents 1. APPLICANT AND SITE INFORMATION ........................................................................................................... 3 2. PROJECT AREA DESCRIPTION ....................................................................................................................... 3 3. WETLAND & WATERS DELINEATION ............................................................................................................ 5 CDPHE Waters of the State ................................................................................................................. 5 Description of Desktop Review and Preliminary Area Evaluation ....................................................... 5 Results within Investigation Area ........................................................................................................ 8 Emergent/Palustrine Scrub-shrub Wetlands (PEM/PSS) ...................................................... 8 Riverine Upper Perennial Waters (R3UB) ............................................................................. 9 4. REFERENCES ............................................................................................................................................... 13 List of Figures Figure 1: Project Location ................................................................................................................................. 4 Figure 2: National Wetland Indicator Map ....................................................................................................... 7 Figure 3: Delineated Aquatic Resources ......................................................................................................... 11 Figure 4: Soils Map ......................................................................................................................................... 12 List of Tables Table 1. Summary of Waters of the U.S. and Wetlands and Nexus in Investigation Area ............................ 10 List of Appendices APPENDIX A: TOPOGRAPHIC MAP .................................................................................................................. 14 APPENDIX B: WETLAND DELINEATION DATA FORMS ...................................................................................... 15 Aquatic Resources Delineation Report 1100 Black Birch 3 1. APPLICANT AND SITE INFORMATION Mr. Cody Horn with Davis Horn, Inc. requested that all potential wetlands and other Waters of the U.S. be delineated adjacent to Castle Creek, on the property at 1100 Black Birch Drive, in Aspen, Colorado. This report was developed to meet the requirements of an aquatic resources delineation report as described by the U.S. Army Corps of Engineers for potential compliance with section 404 of the Clean Water Act, and recent interim guidance from the Colorado Department of Health and Environment, for describing potential Waters of the State. 2. PROJECT AREA DESCRIPTION The Investigation area is located within the City of Aspen, on the west bank of Castle Creek (Hydrologic Unit Code 140100040203, Outlet Castle Creek; Figures 1 and 2). The subject parcel extends into Castle Creek, and the southern end of the parcel abuts a larger wetlands complex. The property shows evidence that it has been developed for quite some time, with landscaping and hardening of the bank appearing to have been present for many years, given the establishment of mature landscaping. View of mature landscaping and hardening of the western bank of Castle Creek. Aquatic Resources Delineation Report 1100 Black Birch 4 Figure 1: Project Location Aquatic Resources Delineation Report 1100 Black Birch 5 3. WETLAND & WATERS DELINEATION Davis Horn, Inc. contracted Red Mountain Environmental (RME) for the delineation of all potential jurisdictional wetlands and WoUS along the banks of Castle Creek, and along the southern side of the subject parcel. All wetlands and other waters of the U.S. and State were delineated on July 31, 2023 by RME’s Eric Petterson, a certified wetland delineator. The wetlands and waters investigations were conducted using the Routine Determination Method set forth in the USACE Wetland Delineation Manual (USACE 1987); the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (Version 2.0, USACE 2010); and the guidance document “Information Needed for Jurisdictional Determinations - US Army Corps of Engineers.” CDPHE Waters of the State The Clean Water Act gives the EPA and the USACE the authority to define "waters of the United States" in regulations. "Waters of the United States" (WOTUS) refers to bodies of water such as rivers, lakes, and streams, as well as associated wetland areas, that the federal government protects. In Colorado (and 47 other states), the USACE issues 404 permits to protect waters of the United States from dredge and fill activities. On May 25, 2023, the Supreme Court issued a decision in Sackett v. EPA that reinterprets the scope of federal jurisdiction under the Clean Water Act. The Court’s decision holds that the significant nexus test, used by EPA and the USACE to determine the scope of federal Clean Water Act jurisdiction since the Rapanos decision, is no longer valid. The Court articulated a new jurisdictional test for adjacent wetlands that extends Clean Water Act jurisdiction to only those wetlands that are as a practical matter indistinguishable from waters of the United States. In accordance with Clean Water Policy 17, the CDPHE intends to exercise enforcement discretion for discharges of dredged or fill material into state waters that are not subject to federal Section 404 permitting following the Sackett decision, subject to certain terms and conditions outlined in the policy. No wetlands or other waters were observed or delineated which would fall outside of the authority of section 404 of the CWA; the Investigation Area did not contain “Sackett Gap Waters”, or state waters that were under the jurisdiction of the federal 404 permitting program as WOTUS pursuant to the pre-2015 federal regulations and the 2008 Guidance, but that are no longer considered WOTUS because of the change in the scope of federal jurisdiction resulting from the Sackett v. EPA decision. Sackett Gap Waters do not include the subset of state waters that were outside the scope of federal jurisdiction under the pre-2015 federal regulations and the 2008 Guidance. Description of Desktop Review and Preliminary Area Evaluation RME obtained and reviewed maps, aerial photos, and soil map unit descriptions of the project area. Upon completion of the pre-field work, the investigation area was traversed on foot. All WoUS and potential wetland areas were evaluated within a reasonable extent of the parcel at the time of the investigation. Aquatic Resources Delineation Report 1100 Black Birch 6 RME reviewed the National Wetlands Inventory (NWI) which indicated the presence of two riverine water type within the Investigation Area: • R3UBH (Riverine, Upper Perennial, Unconsolidated Bottom, Permanently Flooded). These are open waters associated with Castle Creek. • R5UBH (Riverine, Unknown Perennial, Unconsolidated Bottom, Permanently Flooded). These are mapped as riverine systems associated with the riparian corridor adjacent to Castle Creek, possibly an old side channel. The spatial location and extent of Castle Creek generally matched the NWI data; the R5UBH waters did not match field conditions. See Figure 2: National Wetland Indicator Map, and Figure 3: Delineated Wetlands to compare NWI mapping to the field delineation. In evaluating potential wetlands and waters, RME (a) assessed vegetation, soil and hydrologic characteristics to identify areas meeting the wetland identification criteria and (b) marked the wetland boundaries. The boundary of each wetland was mapped with sub-meter GPS where indicators of wetland vegetation, hydric soil, and wetland hydrology are present. Adjacent uplands are distinguished from wetlands by lack of soil saturation, lack of hydric soil indicators and/or the presence of upland plant species. Vegetation, soils, and hydrology data were recorded for sample plots established on both sides of the wetland boundary (Appendix B – Wetland Determination Data Forms). Aquatic Resources Delineation Report 1100 Black Birch 7 Figure 2: National Wetland Indicator Map Aquatic Resources Delineation Report 1100 Black Birch 8 Results within Investigation Area Jurisdictional Wetlands and Waters of the U.S. • 0.165 acres of potentially jurisdictional wetlands were delineated, mostly associated with wetlands on the south side of the parcel. • 0.5 acres of non-wetland Waters of the U.S. were delineated, associated with the open waters of Castle Creek. Wetlands extended both up and down gradient along Castle Creek, and beyond the extent of the Investigation Area boundary. Non-Jurisdictional Wetlands and Other Waters • No larger non-jurisdictional wetlands or waters were delineated. The small, man-made “streams” on the property likely are jurisdictional waters, but the fringes of these landscaped features were only inches wide, and would not fall under the regulatory authority of the USACE or CDPHE, per definition of “waters of the U.S.” These features were not mapped or delineated. The wetland delineation map (Figure 4) depicts the Investigation Area, the wetland boundaries, and the location of all aquatic resources noted during the survey. Two Wetland Determination Data Form (WWDF) points (data points) were established during the survey to clarify and support the wetland boundary delineations, and the data forms are included in Appendix B. Emergent/Palustrine Scrub-shrub Wetlands (PEM/PSS) These areas along the southern parcel boundary were mapped by NWI as R5UB, which is inaccurate given current site conditions. This area is dominated by emergent and scrub-shrub wetland types and is not riverine. There was no evidence of any type of regular (or intermittent) flooding. Vegetation: Areas of palustrine emergent wetlands (PEM) and scrub-shrub (PSS) wetlands within the Investigation Area are associated with areas along the western bank of Castle Creek but are much more significant along the southern parcel boundary. These wetlands were a mix of both PEM and PSS wetland types, and were dominated by an overstory of narrowleaf cottonwood (Populus angustifolia – FACW), water (or river) birch (Betula occidentalis – FACW), and a dense understory comprised of redosier (Cornus alba - FACW), mountain willow (Salix monticola – OBL), tall scouring rush (Hippochaete hyemale Densely vegetated PSS wetlands on southern border of parcel. Aquatic Resources Delineation Report 1100 Black Birch 9 – FACW), Canada thistle (Cirsium arvense - FAC), and field horsetail (Equisetum arvense – FAC). Other species were present, but in low amounts. Soils: Soil pits in this area had very light mottling (F6), and some pits failed to show any mottling. Soil pits were also completely dry, indicative of the likely seasonal saturation that this area supports. Redoximorphic conditions were marginal. Soils are mapped by the NRCS as Fluvaquents, 0 to 10 percent slopes (Figure 4). These soils occur in flood plains and valley floors and are derived from mixed alluvium. They are not considered to be hydric soils. Hydrology: At the time of the investigation, surface water was obvious in Castle Creek, but the soil pit was dry. Hydrology in adjacent wetlands is likely seasonal, associated with snowmelt and shallow groundwaters draining snow melt from surrounding upland areas. However, it is unlikely that Castle Creek provides much shallow wetland hydrology, beyond the immediate banks of the river. Riverine Upper Perennial Waters (R3UB) This riverine type is associated with Castle Creek. Vegetation: There is no viable vegetation within the open waters of Castle Creek. Soils: No soil pits were dug in the river channel. Soil s are mapped by the NRCS as Fluvaquents, 0 to 10 percent slopes. Hydrology: At the time of the investigation, surface water was approximately 1 to 3 feet deep. As Castle Creek is tributary to the Roaring Fork and Colorado River (Traditionally Navigable Waterways), it is considered a water of the U.S. Small patches of wetlands along Castle Creek. Aquatic Resources Delineation Report 1100 Black Birch 10 Table 1. Summary of Waters of the U.S. and Wetlands and Nexus in Investigation Area Name Size (acres) Flow Frequency Receiving Water Proximity Jurisdictional Features PEM/PSS Wetlands 0.165 Seasonally saturated Castle Creek Adjacent and Abutting R3UBH waters Castle Creek 0.5 Perennial Roaring Fork Tributary Total 0.67 Non-Jurisdictional (Isolated) Features None Total 0 Aquatic Resources Delineation Report 1100 Black Birch 11 Figure 3: Delineated Aquatic Resources Aquatic Resources Delineation Report 1100 Black Birch 12 Figure 4: Soils Map Aquatic Resources Delineation Report 1100 Black Birch 13 4. REFERENCES Lichvar, R.W., D.L. Banks, W.N. Kirchner, and N.C. Melvin. 2016. The National Wetland Plant List: 2016 wetland ratings. Phytoneuron 2016-30: 1-17. Published 28 April 2016. ISSN 2153 733X Natural Resource Conservation Service. 2017. SSUGO Database. NRCS. 2023. https://www.nrcs.usda.gov/wps/portal/nrcs/detail/soils/survey/?cid=nrcs142p2_053627 United States Army Corps of Engineers, Environmental Laboratory. 1987. Corps of Engineers Wetland Delineation Manual. Wetlands Research Program Technical Report Y-87-1. United States Army Corps of Engineers. 2008. Environmental Laboratory, Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (V. 2.0, ERDC/EL TR-10-3). US Army Engineer Research and Development Center. Vicksburg, MS. United States Army Corps of Engineers. 2005. Regulatory Guidance Letter No. 05-05. Ordinary High Water Mark Identification. December 7, 2005. Aquatic Resources Delineation Report 1100 Black Birch 14 APPENDIX A: TOPOGRAPHIC MAP Aquatic Resources Delineation Report 1100 Black Birch 15 APPENDIX B: WETLAND DELINEATION DATA FORMS Aquatic Resources Delineation Report 1100 Black Birch 16 Aquatic Resources Delineation Report 1100 Black Birch 17 Aquatic Resources Delineation Report 1100 Black Birch 18 Aquatic Resources Delineation Report 1100 Black Birch 19 Aquatic Resources Delineation Report 1100 Black Birch 20 ild CITYOFASPEN November 19th, 2020 LPRP MILL LLC 1 100 Black Birch Drive Aspen, Colorado 81611 RE: Land Use Code Violation and Correction Notice Dear LPRP MILL LLC: It has been brought to the City's attention that the property at 1 100 Black Birch has installed exterior lighting and a hot tub. It also appears that additional development has occurred on the property, including but not limited to multiple pathways, enlarging a patio, and constructing a structure on the West side of the property. Our records do not indicate that the development received City Land Use Approvals or was properly permitted; this is in violation of City of Aspen Municipal Code Sections, 26.435.040, Stream Margin Review, and 26.304.090, Building Permit. This letter shall serve as notice of the violations and a request for the owner to correct the Land Use Code violations on the above listed property. The City has a policy of progressive enforcement, and this notice and request for correction is the first step. The owner must act promptly to correct and resolve the violations as follows: l) Remove the hot tub and exterior lighting; 2) Request a pre -application summary letter from the City for Stream Margin Review; 3) Apply for and acquire all requisite Land Use Approvals from the City; 4) Apply for and acquire all requisite permits from the City. If it can be demonstrated that the approvals and permits were previously applied for and received for the development in question, it will need to be demonstrated that the development is in compliance with those approvals. limited to, a municipal court Please contact Sophie Thank you, Sophie Varga Zoning Enforcement' Officer Community Development 130 South Galena Street Aspen, Colorado 81611 enforcement policy (Section 2.02.120 - Uniform enforcement of pond with the City within 10 days of the date of this , 2020) will result in formal enforcement action, including, but not 970.274.7256 i3o South Galena Stre-et A seen, CO 81611-1975 1 P: 97 0.920.5000 1 F: 970,920.5197 ; cityo*aspon.con MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Richard Grice, Planning Office RE: Gordon - Stream Margin Review DATE: May 17, 1979 The Planning Office has received an application requesting stream margin review for the construction of a single family residence on the Sheldon Gordon property. You will recall having reviewed several applications relating to this property in the past. At the present time the property is in the process of being subdivided into two parcels. This requested stream margin review approval is in relation to the removal of the existing residence on the parcel and the replacement of that residence with a new one. Dave Ellis of the City Engineering Department has reviewed the application and comments that, "There appear to be no problems in terms of the flood plain hazzards since the building site is from 15 to 20 feet above the maximum flood stage of the Roaring Fork River as shown on the U.S. Corps of Engineers Flood Plain Report. The grading for the improvements would also be sufficiently removed from the river as not to create any adverse impacts on the stream channel or vegetation." A site inspection was conducted today specifically with regard to the location of a needed public trail easement paralleling the river. The applicant's attorney, Tom Wells, is in agreement that the location for that trail is the best location possible. Prior to the final approval of the subdivision, that trail easement will need to be precisely defined and platted on the sub- division plat. At this time the Planning Office and the Engineering Department recommends approval of the stream margin review subject to the grant of a trail easement. CITYDF 130 sgaien:a :street aspen; ,VoIorado.,.81611 M E M O R A N D U M TO: Richard Grice FROM: Dave Ellis r DATE: May 16, 1979 RE: Gordon Stream Margin Review In reviewing this project it would appear that there are no problems in terms of flood plane hazard since the building site is from 15-20 feet above the maximum flood stage of the Roaring Fork River as shown on the US Corps of Engineers•Flood Plane Report. The grading for the improvements would also be sufficiently removed from the river so as not to create any adverse impacts on the stream channel or vegetation. The dedicaiton of a public trail easement paralleling the river and below the building site has been discussed with the applicant's architect and we would recommend that this be made a condition of the approval. The site inspection is scheduled prior to the May 22 Planning and Zoning Commission meeting so that there should be a concensus as to the location of the trail by the time of the meeting. Subject to the grant of a trail easement the Engineering Department recommends approval of the stream margin review. cc: Thomas Wells DE/pr TO: Aspen Planning and Zoning Commission FROM: Steve Burstein, Planning Office RE: Wells/Gordon Stream Margin Review DATE: June 13, 1986 LOCATION: Lot 10, Black Birch Estates Subdivision, 1100 Black Birch Drive. ZONING: R-15 (PUD) . LAND AREA: 20,240 square feet. PROPOSED TOTAL BUILD -OUT: 4,593 square feet. ALLOWABLE FAR ON SITE: 4,814 square feet. APPLICANT'S REQUEST: The applicants propose to construct an addition to the main house of approximately 324 square feet (footprint, 2 story: 648 sq. ft.) and a garage addition attached to the existing garage/bedroom of approximately 633 square feet. APPLICABLE SECTION OF THE CODE: The property is situated within the boundaries of the 100 year floodplain as described in the Federal Emergency Management Agency Issuance Study and therefore subject to stream margin review according to Section 24-6.3(b) . Section 24-6.3(a) states the Intention of the Stream Margin and Flood Hazard Review (as recently amended by Ordinance 85-62) as follows: a} Intention: To guide development and encourage appropriate uses of land in proximity to designated natural water courses, to promote safety from flooding, to prevent impediment of natural water flow, to insure provisions for adequate protection and preservation of designated natural water courses as important natural features, and to restrict development in flood hazard areas. Review criteria for the stream margin review is stated as follows in Section 24-6.3 (e) : 1) No development shall occur within a special flood hazard area unless is can be demonstrated that there will be no increase in base flood elevation as a result of the development, as shown by an elevation certificate prepared by a professional engineer registered to practice in the State of Colorado. 2) In the event there is a trail designated by an approved trail plan within the development site such trail shall be dedicated for public use. 3) All attempts should be made to implement the recommend- ations of the Roaring Fork Greenvay Plan prepared by the Roaring Fork Green way Committee. 4) Vegetation shall not be removed nor any slope grade changes made that may produce erosion of the stream bank. 5) All efforts shall be made to reduce pollution and interference with the natural changes of the river, stream or other water course, and to enhance the value thereof as an important natural feature. 6) Written notice shall be given to the Colorado Water Conservation Board prior to any alteration or relocation of the water course, and a copy of said notice shall be submitted to the Federal Emergency Management Agency. 7) In the event a water course shall be altered or relocated, the applicant and applicant's heirs, successors and assigns shall provide maintenance to assure that the flood carrying capacity is not diminished. 8) Copies shall be submitted of all necessary federal and state permits relating to work within the one hundred year floodplain. PROBLEM DISCUSSION: A. Referral Agency Comments: 1. Engineering Department - In a memorandum from Chuck Roth dated 6-9-86 (attached) it is stated that the Engineering Department is satisfied that the proposed construction is not located within the 100 year flood - plain, however mapping requirements have not been met. 2. Zoning Official - In a 6-3-86 memo from Bill Drueding the concern is pointed out that the existing garage/ - bedroom may constitute a second dwelling unit; and the proposed addition may be an enlargement of that noncon- formity if the structures are not brought into zoning code conformity. In addition, it is stated that a landscape plan should be reviewed by the Parks Department regarding possible removal of trees. B. Staff Comments: The development proposed would not appear 2 to impede water flow in any way according to the Banner Engineering Report and the City Engineering Department. The Aspen Area Comprehensive Plan: Parks/Recreation/Open Space/ Trails Element indicates no trails along Castle Creek that would be effected by the development plan. The proposed addition to the main house appears to comply within the review criteria of the stream margin review. We note that one bush would be removed. Two mature cottonwood trees would be removed in order to build the garage addition. Criteria (3) of the stream margin review refer to implementation of the recommendation of the Roaring Fork Greenway Plan. Recommendation B.9 of the Greenway Plan states: "Strive to maintain the Greenway as a natural area by keeping construction to a minimum". Recommendations C3 and 4 read as follows: 113) Work toward ordinances and procedures that prohibit the modification (butting of trees, filling of the river, grading, etc.) of natural areas adjacent to the Greenway. Consider requiring "on -site" review of all constructions, alterations, or modifications that may potentially affect the Greenway or adjacent areas. 4) Prohibit riverf rout constructions (either on private or Greenway lands) for the following reasons: a) They are potentially susceptible to periodic flood damage. b) They eliminate the dynamic processes of river change and adjustment. c) They destroy or drastically alter the river eco- systems. d) They destroy the scenic beauty of the area and deprive the community of one of its uniquely pleasant natural areas." The applicant has stated verbally that the garage addition location proposed works best in terms of neighbor's visual impacts and that he intends to plant a significant number of trees on the site. Given the dense grove of trees we do not believe that the trees removed will drastically alter the eco- system or destroy the area scenic beauty. Section 13-76, requiring Parks Director and Building Inspector approval prior to authori- zation of tree removal, is still needed. The issue of enlarging a non -conformity raised by the zoning Official is separate from the stream margin review and may need 3 to be resolved by the Board of Adjustment. RECOMMENDATION: The Planning Office recommends stream margin review approval of the proposed house addition of approximately 324 square feet and garage addition of approximately 633 square feet subject to the following conditions: 1. All construction shall meet area and bulk requirements of Section 24 of the Municipal Code. 2. Any tree removal is subject to Section 13-76 of the Municipal Code. Plans for planting trees shall be submitted to the satisfaction of the Parks Director and Planning Office prior to issuance of a building permit. 3. A revised plan shall be submitted to the Engineering and Planning Office containing additional contour infor- mation, delineation of 100 year floodplain, plan title and architect's statement as requested in Chuck Roth's memorandum of June 9, 1986 prior to issuance of a building permit. SB .613 4 f 2' ,1 BLACK BIRCH BEING A PART OF THE SOUTHWEST 1/4 OFSECTION 1, TOWNSHIP s SOUTH, RANGE 85 WEST r PM., PITKIN COUNTY, COLORADO. KNC"s% AL- BY TriESE PRESENTS .of -he ik ders:cned, Chor es Era t . ayo Ann G_ .. , be " owner, g t e of part of the Southwest J4 n- Section (; Tow .strip ;C Sou"", Range 85 West of the Sixth P -. c poi 4leridan, Pakin County, Colorado, have :aid out, subdivided, and piatiec 11hss area "nto iota, tracts, ocds, and easemer:"s, des g ut ng sold ores as BLACK B=: RCH ESTATES, ` s aphis o.. and further Lec are That t e owners have caused this plat #o be made and Pilled to show se d la.nd as plwted and lo provide an a,.curare descr-poor of the iots, tracts, roadway -- and! easements so said out end prepared from a fie:d survey thereof, thct Overlook Drive, R,ve• Drive; Biacs B..ch Crave and acic.n ng cui- de-sacs as pia#ted hereon, shall remain Y. ivote roadways _ cu -de-sacs; under private ownership, 'For the use and benefit of Phis s=ubd v's on and furfh.er deciccie c twenty-five fool easement on each side of the center lines of oil said pr.vc#e roadways, together with the ad c-n ne cri- de-sacs as u` ity easements for the ose of a=i jti:ity services, that BLACK BIRCH ESTATES wi". oe _abjzat to the protective covenants for said suodiv`s cr: as filed and recorded -: *^e office o¢ :^e Clerk and Recorder of P`{K n County Colorado.hat the ;e4'ered tracts A;B and C sha- remain as common creei areas to be pscc-ed under common, ownership; that c„ ;cited ant existing a tches a-d woter courses are subject tel taut easement -on each side of the center ;fines thereof for ^ a nteno7cv_ ;VC perpetuation of flow. Tracts A,B and C may be used for utility purposes. Cnories E. worth An., G. 1ko,th J? STATE OF COLORADO SS a COUNTY OF PITKIN��-- The foregoi-g pint and dedication of BLACK BIRO ESTATES was ocKnowiedged before me this a a ct =y -- 9c !"D. by Charles E. Worth and Ann G. Worth. W'tness my nanc and offic:a'.: sea,, my commission expires Notar Pubilc PLANNING COMMISSION APPROVAL: This prat hasbeen approved by 'he Pitk f. Court_, ng and Zoning Comrn,rs+on this day of i9E7 A.D. Chairman Secretary COUNTY COMMISSIONERS APPROVAL° This pilot has beer approved and is accepted for filing by the Board of Pitkin County Commissioners this day of J011 Al 1967 A.D., subject to the provision that Pekin County shall not be liable for, nor shah it provide for, the maintenance or snow removal from the private roadways as herein plotted and located. Pitkin County Board of Commissioners Cho man CLERK AND RECORDERS CERTIFICATE Accepted for fi"tng and recording in the office a; the Clerk and Recorder. of Ditkin County; Coiorado,this dayofe,r A ,1967 A.D. Plot Bock Page L Y Reception No./�,e—= — Clerk and Recorder SURVEYORS CERTIFICATE i,Richord L . Powers, a Registered Land Surveyor n the State of Colorado, do hereby certify ihat the survey of Black Birch Estates and of the above Plot was made by me and accurately shows said subdivision to the best of my knowledge and belief. Land Surveyor No.39i3 James L. Be'.l and Associates of Colorado TO: Bill Drueding, Zoning Officer FROM: Leslie Lamont, Planner RE: Gordon Stream Margin Exemption DATE: September 29, 1989 SUMMARY: The applicant proposes to build an entryway at the front door of a single family home. The home is within 100 feet of the 100 year flood line. The applicant has applied for a Stream Margin Exemption. Staff recommends denial of the exemption. The applicant must submit an application for Stream Margin Review. REFERRAL COMMENTS: Please see attached comments from the Engineering Department. FINDINGS: Pursuant to Section 7-504 the following standards apply for Stream Margin Exemption: I. The development does not add more than ten percent (10%) to the floor area of the existing structure or increase the amount of building area exempt from floor area calculations by more than twenty-five percent (25d). RESPONSE: The proposed entry is approximately 176 square feet which is approximately 4% of the existing floor area. 2. The development does not require the removal of any tree for which a permit would be required pursuant to Section 13-76 or the applicant receives a permit pursuant to said subsection. RESPONSE: No trees shall be removed for the entry. 3• The development is located such that no portion of the expansion, remodeling or reconstruction will be any closer to the high water line than is the existing development. RESPONSE: The addition is proposed for the northern side of the house which is perpendicular to Castle Creek. It is no closer to the high water line than the existing development. 4. The development does not fall outside of an approved building envelope, if one has been designated through a prior review. RESPONSE: The entry will extend beyond the existing residence. 5. The development is located completely outside of the Special Flood Hazard Area and more than one hundred feet (100') measured horizontally, from the high water line of the Roaring Fork River and its tributary streams or the expansion, remodeling or reconstruction will cause no increase to the amount of ground coverage of structures within the Special Flood Hazard Area. RESPONSE: The addition will increase the ground coverage by approximately go feet. According to the FEMA map the flood plain extends up into the parcel and goes right through the middle of the home. Because of this discrepancy between the applicant's map and the actual FEMA map, the applicant must submit a map that shows the relation of the proposed addition to the flood plain and must determine whether the addition will change the base flood elevation. It is recommended that the applicant submit an application for a complete Stream Margin Review. In addition, there are two hot tubs that were built on site without Stream Margin Review, that are well within the flood? plain. one of the tubs is over the property line. The applicant has agreed to remove those tubs as a condition of Stream Margin Approval. RECOMMENDATION: Staff recommends that the Planning Director deny the Stream Margin Exemption. It is necessary for a Stream Margin Review application to be submitted showing the true 100 year flood plain, a base flood elevation certificate, and an elevation of the proposed entry so review can determine if the entry will increase the base flood elevation. 11/gordonsm 2 I hereby deny the above Stream Margin Exemption with conditions, pursuant to Section 7-504 A. of the Aspen Land Use Code. iAm ar e um, P1anniing Dr I ;I DQ#R1;;11Z 101 TO: Aspen Planning and Zoning Commssion FROM: Leslie Lamont, Planner RE: Sheldon Gordon Stream PargReview & conditional use Review DATE: April 16, 1991 SUMMARY: The applicant proposes to expand an existing single family home within the 100 year floodplain of Castle Creek. The applicant also proposes to provide a 420 square foot attached accessory dwelling unit. Pursuant to Section 7-504 Stream Margin Review is required for the expansion and conditional use review is required for the accessory dwelling unit. The Planning Department recommends approval with conditions. APPLICANT: Sheldon M. Gordon, represented by Stan Mathis LOCATION: 1100 Black Birch Drive, Lot 10 Black Birch Estates, Aspen ZONING: R-15, PUD APPLICANT I S REQUEST: Stream margin approval for the expansion of a single family home within the 100 year floodplain and conditional use review for an accessory dwelling unit. REFERRAL COMMENTS: The Engineering Department has made the following referral comments: Having received the floodplain study, HEC-2 analysis by Schmueser Gordon Meyer, Inc. for the applicant, the engineering department has the following comments: 1. The National Flood Insurance Program's (NFIP) Flood Insurance Rate Map (FIRM) shows the existing and proposed development to be within the 100 year floodplain, placing it in a special Flood Hazard Area (SFHA). Exhibit-4 of SMG's study shows the existing and proposed development to be outside the SFHA. It appears that the applicant has demonstrated that the structure and parcel were inadvertently included in the SFHA, which would qualify for a FEMA map amendment process. It is staffs recommendation that prior to the issuance of any building permit this Department shall receive a Letter of Map Amendment (LOMA) from FEMA. 2. If ground water is encountered during construction and must be discharged, the applicant must obtain an industrial waste discharge permit from the Colorado Division of Water Quality. Having reviewed the above application, and having made a site inspection, the Engineering Department has the following comments: 3. The applicants development plan indicates there is new site development in the form of grade changes, retaining walls, a berm and a ditch. The following shall apply: a. Any new site work must be addressed in the demonstration discussed in number 1. It is unclear if the depicted ditch is existing or new. The ditch was not visible on our site inspection due to winter ground conditions. It is staff's recommendation that the applicant either label the ditch on development plan as "existing ditch" or furnish more information on what is to be constructed. (NOTE: the ditch no longer exists). b. No vegetation is to be removed or slope grade changes made that produce erosion and sedimentation of the stream bank. C. The applicant must make a statement indicating there will be no disturbance of vegetation between the building envelope and the river. The engineering department recommends that no native vegetation be permitted to be removed between the building footprint and the edge of the river. d. The applicant should be required to plant any regraded area inside the building envelope river with species in keeping with the Roaring Fork Greenway Plan as well as existing plants in the area. 4. Copies of all necessary federal and state permits relating to work within the one hundred (100) year floodplain shall be provided. 5. The proposed development site plan does not depict: a. off-street parking b. the building envelope c. the high water line d. elevation reference marks for the 100 year floodplain line. It is recommended that these marks be referenced from those used by FEMA. This property lies between two cross sections A and B on FIRM map panel 203 of 325. 6. Certification from a registered professional engineer or architect in the State of Colorado shall be submitted for public recordation, verifying full and accurate compliance with the requirements in Section 7-141 (c) 9. of the Municipal Code. N 7. The applicant is requested to grant a fisherman's easement for the river for a width of five feet along the bank adjacent to the property. 8. Conditional Use - the applicants development plan did not indicate the size or number of bedrooms for the accessory dwelling unit. One parking space shall be provided on site if the unit contains two (2) bedrooms and one (1) additional space shall be required for each additional two (2) bedrooms in the unit. 9. A construction site drainage plan and procedure must be submitted for engineering department approval prior to the issuance of an excavation or building permit. The construction procedures employed must be such that no runoff from rain or snowmelt be permitted to drain to the river from contact with disturbed earth. The construction procedure to be used will in no way impact the stream. 10. Given the continuous problems of unapproved work and development in the public rights -of -way, staff would like the following condition of approval: The applicant shall consult city engineering (920-5080) for design considerations of development within public rights - of -way and shall obtain permits for any work or development within public rights -of -way from city streets department (920-5130). STAFF COMMENTS: Stream Margin: Pursuant to Section 7-504 C a development is required to undergo Stream Margin Review if it is within 100 feet from the high water line of the Roaring Fork River and its tributary streams, or within the one hundred year floodplain. The applicable review standards are as follows: 1. It can be demonstrated that any proposed development which is in the Special Flood Hazard Area will not increase the base flood elevation (BFE) on the parcel proposed for development. This shall be demonstrated by an engineering study prepared by a professional engineer registered to practice in the State of Colorado which shows that the base flood elevation will not be raised, including, but not limited to, proposing mitigation techniques on or off -site which compensate for any base flood elevation increase caused by the development. RESPONSE: According to the FEMA maps this parcel is entirely within the 100 year floodplain or within the Special Flood Hazard 3 Area (SFHA). The applicant's engineer, in the process of demonstrating that the BFE would not be raised with the new development, has produced a revised map indicating a readjusted 100 year floodplain line putting the building's footprint outside of the SFHA. This change, if correct, requires a FEMA map amendment process. This is typically a 30 day process, provided FEMA accepts the map amendment. Until the amendment process is completed, the Engineering Department cannot approve new development on this parcel. If the amendment application is denied the Department will consider the reasons for denial and work with the applicant to address FEMA's concerns. 2. Any trail on the parcel designated on the Aspen Area Comprehensive Plan: Parks/Recreation/Open Space/Trails Plan map is dedicated for public use. RESPONSE: According to the Parks/Recreation/Open Space/Trail Plan a trail is proposed to cross Castle Creek over to Picnic Point. On the Aspen Meadow Final SPA Development Plan several bridges are identified crossing Castle Creek and the Roaring Fork River. These bridges all touch down on Meadow property or the Rio Grande trail. It would be redundant to require a trail easement on this parcel. 3. The recommendations of the Roaring Fork Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable. RESPONSE: The Roaring Fork Greenway Plan does not specifically make a recommendation regarding this parcel. However the Plan does recommend that the banks of the river be preserved as a greenway. A fisherman's easement is recommended in the river and along the banks of the river. In addition the applicant shall be required to plant any regraded area inside the building envelope and river with species in keeping with the Greenway Plan as well as existing plants in the area. 4. No vegetation is removed or slope grade changes made that produce erosion and sedimentation of the stream bank. RESPONSE: The application proposes to build a berm between the home and the river. According to the application no vegetation will be removed nor slope grade changes will be made that would encourage erosion or sedimentation. A construction site drainage plan and procedure must be submitted for engineering department approval prior to the issuance of an excavation or building permit. The construction procedures employed must be such that no runoff from rain or snowmelt be permitted to drain to the river from contact with disturbed earth. The construction procedure to be used will in no way impact the stream. 4 5. To the greatest extent practicable, the proposed development reduces pollution and interference with the natural changes of the river, stream or other tributary. RESPONSE: The application states that the "proposed addition does not interfere with the natural stream course changes." See above response. 6. written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of a water course, and a copy of said notice is submitted to the Federal Emergency Management Agency. RESPONSE: The development does not require the alteration of the river or relocation of the watercourse. 7. A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished. RESPONSE: Not applicable. 8. copies are provided of all necessary federal and state permits relating to work within the one hundred (100) year floodplain. RESPONSE: A map amendment process is required of the applicant prior to the issuance of any building permits. The amendment process will determine whether the building's footprint is within the 100 year floodplain. The applicant shall work with the Engineering Department during the amendment process with FEMA. An amendment must be accepted prior to the issuance of any building permits. Conditional Use Review: The applicant purposes to convert an existing garage to a 420 square foot attached accessory dwelling unit (adu). Pursuant to Section 5-508 an attached accessory dwelling unit (adu) shall be deed restricted to resident occupancy, shall not be less than 300 square feet, and is subject to a conditional use review. In addition, this dwelling unit will be 100% above grade and complies with the standard established through Ordinance 60 (Cottage In -Fill) that a maximum of 250 square feet of floor area or 50% of the floor area, whichever is less, shall be exempt from the total allowable floor area calculations. Therefore 210 square feet of floor area is a bonus for providing an accessory dwelling unit. The following standards for a conditional use review are as 5 A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the Zone District in which it is proposed to be located; and RESPONSE: The provision of a deed restricted accessory dwelling unit is consistent with the City's goals to provide a greater inventory of employee housing. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development; and RESPONSE: The accessory dwelling unit will be located within a converted garage. The total allowable floor area for the site will not be increased due to the provision of an adu except for the 210 square foot bonus for the provision of an accessory dwelling unit 100% above grade. The area is residential in character with which an adu is consistent. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and RESPONSE: The adu is proposed within the structure of the existing garage which shall be converted. A new 2-car garage is proposed on the site. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools; and RESPONSE: Public facilities already serve this site. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and RESPONSE: The provision of a deed restricted unit will add to the supply of affordable housing within the City: F. The proposed conditional use complies with all addi- tional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this chapter. RESPONSE: This application shall comply with the dimensional requirements of this zone district and all other applicable requirements of this chapter including the total allowable floor area for this zone district with the 210 square feet of bonus. RECOMMENDATION: staff recommends approval of the stream margin and conditional use for the attached accessory dwelling unit subject to the following conditions: 1. Prior to the issuance of any building permits for the remodel of the residence or the conversion of the garage into an accessory dwelling unit the applicant shall provide a deed restriction to the Housing Authority for approval and shall record the document with the Pitkin County Clerk and Recorders Office and Planning Department. The restriction shall state the accessory unit meets the housing guidelines for such units, meets the definition of Resident Occupied Unit, and shall be rented for periods of six months or longer. 2. Prior to the issuance of any building permits, the FEMA map amendment process shall be completed. If the amendment application is denied the Engineering Department will consider the reasons for denial and work with the applicant to address FEMA's concerns. 3. Prior to the issuance of any building permits the Engineering Department shall receive a Letter of Map Amendment (LOMA) from FEMA. 4. If ground water is encountered during construction and must be discharged, the applicant shall obtain an industrial waste discharge permit from the Colorado Division of Water Quality. 5. No vegetation is to be removed or slope grade changes made that produce erosion and sedimentation of the stream bank. 6. There will be no disturbance of vegetation between the building envelope and the river. No native vegetation shall be permitted to be removed between the building footprint and the edge of the river. 7. The applicant shall plant any regraded area inside the building envelope and river with species in keeping with the Roaring Fork Greenway Plan as well as existing plants in the area. 8. Certification from a registered professional engineer or architect in the State of Colorado shall be submitted for public recordation, verifying full and accurate compliance with the 7 requirements in Section 7-141 (c) 9. of the Municipal Code. 9. The applicant shall grant a fisherman's easement for the river for a width of five feet along the bank adjacent to the property. 10. Prior to the issuance of an excavation or building permit, a construction site drainage plan and procedure shall be submitted for engineering department approval. The construction procedures employed must be such that no runoff from rain or snowmelt be permitted to drain to the river from contact with disturbed earth. The construction procedure to be used will in no way impact the stream. 11. The applicant shall consult city engineering (920-5080) for design considerations of development within public rights -of -way and shall obtain permits for any work or development within public rights -of -way from city streets department (920-5130). ATTACHMENTS: Engineering Referral Comments, 3/27 & 4/9 Site Plan 8 March 12, 1991 Mr. Bracken Raleigh Stan Mathis Architects P.O. Box 1984 Aspen, CO 81612 RE: Sheldon Gordon Floodplain Study Aspen. Colorado Dear Bracken: 1001 Grand Avenue, Suite 2-E Glenwood Springs, Colorado 81601 303) 9451004 (303) 9255727 Fax (303) 9455948 This letter is intended to provide a report on a floodplain analysis recently performed by SGM for the above-mentioned property. This letter will also serve as a transmittal for four exhibits pertaining to the floodplain analysis performed for the Sheldon Gordon property. The first of these exhibits (11" x 17" format) is a 1:100 scale map depicting the floodplain study area. The second exhibit is the hydraulic calculations (HEC-2 run) for the existing conditions (i.e., Federal Emergency Management Agency (FEMA] run). The third exhibit is the hydraulic calculations for the detailed study. The fourth exhibit is a detailed floodplain map (24" x36" format) which details the location of the floodplain on the Sheldon Gordon property. The purpose of this study was to determine the impact of an addition to the existing Sheldon Gordon house located within a mapped floodplain location on Castle Creek. Previous preliminary analyses have indicated that the majority of the Sheldon Gordon property is found to be not inundated with the 100-year flood event from Castle Creek. However, when reviewing the planimetric information derived by FEMA, the property is shown to be totally inundated by the 100-year flood. The approach to our work, therefore, not only addressed the effect of development upon the Castle Creek floodplain but, also, addressed inconsistencies in the floodplain mapping which currently exists. The information utilized for this detailed floodplain study is as follows: 1. Work maps from the FEMA study. 2. Hydraulic calculations from the FEMA study. 3. 1 " = 50' scale mapping (by Cooper Aerial Surveys). 4. Site specific topo map for the Sheldon Gordon property by Sidney Lincicome. The approach to our study was to formulate a hydraulic model that was equivalent to the model utilized by FEMA for development of the floodplain in this area. Once we obtained a model that was equivalent to the FEMA model, we furthered our calculations to include detailed topographic information specific to the Sheldon Gordon property. Once having made these two runs, we could derive a comparison between the existing and proposed conditions. Exhibit 2 (attached) is the mathematical model generated (complete with numerical results) of the existing conditions. Exhibit 3 (attached) is a copy of the hydraulic model for the proposed conditions. This model, as well, has the numerical results shown. Exhibit 1 attached) identifies the cross sections (and their locations) for which the hydraulic model was established. You will note that the models were inclusive of the first four cross sections from the FEMA study. The second model (Exhibit 2) includes two additional cross sections identified as Sections 1.1 and 1.2. These cross sections are observed both on Exhibit 1 and in further detail on Exhibit 4. March 12, 1991 Mr. Bracken Raleigh Page 2 The conclusions reached for the effect of the development within the floodplain of Castle Creek are shown on Exhibit 4. In general, the schematic presentation of the effect is that the development will have no effect on the floodplain of Castle Creek. We have found that the channel of Castle Creek along the east property line of the Sheldon Gordon property is capable of containing the flood from the 100-year event entirely. However, we have also found that approximately 500 feet upstream of the Sheldon Gordon property, there is a location along Castle Creek that possibly may overtop during the 100-year flood event. Therefore, we are observing the floodplain line as mapped by FEMA shown along (or beyond) the western property line of the Sheldon Gordon property. It is most likely that, during a 100-year flood event, the Sheldon Gordon property may effectively become an island. There is a possibility that the existing garage would be flooded with shallow water from the overflow of Castle Creek. This overflow floodwater from Castle Creek appears not to be critical in conveying the 100-year flood. In fact, review of various other topographic maps generated in this area indicates that the overtopping of the bank approximately 500 feet upstream of the property may or may not exist during the 100-year event. It is important to note that the floodplain analysis performed by SGM specific of this project assumed that the full 100-year flood event would be flowing in the channel east of the Sheldon Gordon property. Therefore, the overflow channel is not considered as an important factor in conveying the 100-year peak flows around the Sheldon Gordon property. In summary, our floodplain analysis has identified that the proposed construction will have no effect upon the 100-year floodplain of Castle Creek. Minor flooding could be expected along the west side of the property due to an overflow of the banks upstream of the property. Therefore, anticipation of shallow floodwaters along the west side of the property should be considered when designing elements of the structure in this area. I hope this information serves its intended purpose. If you have any questions or comments, please do not hesitate to call. Sincerely, SCHMUESER GORDON MEYER, INC. v' !'yy Je f rey S. Simonson, P.E. JSS:Iec/91009 Enclosures GORDON MEYER, INC. w SGM S7voy CROS�� r FLOOD ELEVATION CONTOUR 7YP. ORDINARY HIGH WATER LINE 100 YR. fLOCD BOUNDARY I ' I _ '00 YR. FLOOD BOUNDARY l ' / HEADCAM APPROX/IAAIRY 7766 \ 40 CFS OF WA 7ER 0M?FZOl55 \ \ \ (DITCH CAPACITY D HEADGA 7E) j FLOKINE OF EXIS77NC DITCH \ DITCH CAPACITY EXCEEDED BY FLOW ALLOKED BY HEADCA7E �-. 0ym TOPPING OF DITCH BANK OCCURS) (SYA(LOW FLOODING 100 YR. fLOOD BOUNDARY 7 // �j �j� 0\ 4 100 YR. fLOOD 9 NDARY ► 'II l l /l // (/ (l/�//p�. � 6 � \ � � � IIIIIIII II I�I'II(►//////////j//////� � � �;� 111 illiliill�llill�ill►I►�IIIIIIir/i�i/I 6p _ � , pd4 , - �\ ��� IIIIIIII III III►► lilliii Ipil/ I 1160 . \\pIIIIIIIIIIIII�IIIII'IIII�IIi►iI►►IIl / II I III T ►��I� =BOSS SECJfON ' l / �� I I I /I II ►IIIIIIIIIIIIIIIIIIIIIIIIIII�I I CONTOUR TYP. /�'S6 �� \ \,J ��� ,��/ 1111I►IIIIIIIIIII��\rrirr�rri\rrrr\\r� I � III\r\�I�r`rrr\rrrrrrrrrrrrrrr\\ 1JDARY CORD RESIOEN(,1" _� / . $ p �r rrr.rrrrrrrrirrrrr I AY EX S/ON $ P$ o g mr1rrrrrrr/ I` 1 YR fL00D BOUNDARY ` EX757/NG RESIDENCE COROON PROPERTY LINE DRIVE WAY DRIVEWAY 05`'lvE r R \ \ I EX7S71NG DRAIN PIPE (PIPE CAPACITY NOT \ N \ CAPABLE OF HANDLING G� yE \ `\ \ �f ' ► I I� FLOW WITHOUT OVER TOPPING ONTO ROAD.) EXISTING RESIDENCE 5G . ,J. 0 A. Hf7N SHALLOW PLOWE (OF EXIS77NO DITCH 100 YR. FLOOD BOUNDARY SCALE.• I'=50 p' CONTOUR INTERVAL im FEMA CROSS SECTION 8 APPROX. 130' UPSTREAM. REGULATORY WSE= 7756.90 PROPERTY LINE (W1 MAPPED FlOODWAY= 775700) DITO,' LON770H OF MSTWG CR49WPACE NEW 64R46E OLD El `' �I i LOC4770M OF 'A* EXIS77MG RESID4NOE i I 775J— L MAPPED FLOODWAY LOCATION TLOODpb LOCA77a —Ai LASED URON --I'TUA jfRr7C4t-lA6E0RM47I2N\ 100 YEAR FL ti LOCATION BA DETAILED FLOOD STUDY BY SCHMUESER GORDON MEYER, INC, MARCH 1991 LOCH. I FWSnNG I EIOSNTIGVVMF7ER GRAVEL DRIVE PROPER, &ED ROOM AND NRETAKER UNIT LOCA770M OF EXISWO NWE' TOE OF SLOPE SCALE: 1"--10' NOTETHE MAPPED LOCATION OF THE FLOODPLAIN PER THE FLOOD INSURANCE STUDY FOR THE CITY OF ASPEN (BY FEMA) IS LOCATED WEST OF THE /r./f/v PROPERTY LINE BOUNDARY FOR THE GORDON PROPERTY PROPERTY LINE CUL-DE-SAC OF BLACK BIRCH DRIVE 5G STREAM, REGULATORY WSE= 7749.00 Go IS APPROX. 170' DOWN O SECTION A PROPERTY Z'�oo'�opoUNf FEMA CROSS SEC 11 (W1 MAPPED FLOODWAY= 7750.00) I IV M TV W z#A " I TO: Bill Drueding, Zoning officer THRU: Diane Moore, City Planning Directo� FROM: Kim Johnson, Planner DATE: January 14, 1992 RE: Gordon Stream Margin Exemption / Insubstantial Amendment to Black Birch Estates Subdivision Plat SUMMARY: Planning staff recommends approval of Stream Margin Exemption for the addition of approximately 186 s.f. of floor area within the area 1001 from the high water line of Castle Creek. Staff also recommends approval of an insubstantial amendment to the Black Birch Subdivision to join Lot 10, Black Birch Estates with the 1.043 acre R.O. Anderson parcel. Staff recommends these approvals with conditions. APPLICANT: Sheldon Gordon, represented by Katie McMahon LOCATION: 1100 Black Birch Drive (Lot 10, Black Birch Estates) and the R.O. Anderson parcel adjoining Lot 10 to the south ZONING: R-15 (Lot 10) and C Conservation (R.O. Anderson parcel) APPLICANT'S REQUEST: The applicant seeks insubstantial plat amendment to join Lot 10 to his newly purchased parcel. He then requests exemption from full stream margin review in order to add approximately 2,000 s.f. onto his existing residence. Roughly 186 s.f. of the proposed floor area is within the area that is 1001 from the high water line of Castle Creek. Please see Attachment "All for the proposed plat and development plan indicating the new building footprint. ENGINEERING REFERRAL COMMENT: Rob Thomson forwarded the following comments. This property went under an extensive stream margin review last spring. Staff has no additional concerns with the current proposed development. Staff does recommend that the same conditions that were given in the previous stream margin review apply for this application. The conditions are: 1. The applicant must make a statement on the permit set of drawings indicating there will be no disturbance of vegetation between the building envelope and the river. 2. The applicant is required to plant any regraded area inside the building envelope with plant species keeping with the Roaring Fork Greenway Plan as well as existing plants in the area. 3. The applicant is requested to grant a fisherman's easement in the river or stream and for a width of five feet along the bank. 4. A construction site drainage plan and procedure must be submitted for engineering department approval prior to the issuance of an demolition, excavation or building permit. The construction procedures employed must be such that no runoff from rain or snowmelt be permitted to drain to the river from contact with disturbed earth. The construction procedure used will in no way impact the stream. 5. Given the continuous problems of unapproved work and development in the public rights -of -way, staff would like the following condition of approval: The applicant shall consult city engineering (920-5080) for design considerations of development within public rights - of -way and 'shall obtain permits for any work or development within public rights -of -way from city streets department (920- 5130). STAFF COMMENTS: Pursuant to Section 7-1006 A. the Planning Director may approve an amendment to an approved plat for "any minor change to a plat which the planning director finds has no effect on the conditions and representations limiting the approved plat." During recent discussions, Planning staff has concluded that the joining of Lot 10, Black Birch Estates with the 1.043 acre R.O. Anderson parcel does not change the conditions or representations of the existing Black Birch Estates Plat. The resulting lot size will be consistent with many of the lots in the subdivision. No additional density will result from the plat amendment. However, the City Council is preparing to close on the purchase of the +/- 25 acres of conservation land along Castle Creek and the Roaring Fork River. Of upmost concern is the blanket access easement across this conservation property for the benefit of the R.O. Anderson lot. Until this easement is abandoned, the City will not finalize the purchase. Planning staff conditions the replat approval with the legal dissolution of this easement. The nearest portion of the proposed addition will be approximately 90 feet from the high water line of Castle Creek. Exemption from full Stream Margin review is possible when the following standards are met: 1. The development does not add more than ten (10) percent to the floor area of the existing structure or increase the amount of building area exempt from floor area calculations by more than twenty-five (25) percent. 2 RESPONSE: The floor area of the existing structure is about 4,820 s.f. Ten percent of the existing residence FAR is about The development to take place within the area 1001 from the high", water line is approximately 186 s.f. This meets this criteria. 2. The development doe not require the removal of any tree for which a permit would be required pursuant to section 13-76 or the applicant receives a permit pursuant to said subsection. RESPONSE: The project architect states that no tree removals will be required within the 1001 area from the river. However, the applicant commits to processing any required permits in the event that development does affect applicable trees. 3. The development is located such that no portion of the expansion, remodeling or reconstruction will be any closer to the high water line than the existing development. RESPONSE: The proposed addition is about 601 farther from the river than the existing house. 4. The development does not fall outside of an approved building envelope, if one has been designated through a prior review. RESPONSE: No building envelopes have been established on either the R.O. Anderson parcel or Lot 10, Black Birch Estates. 5. The development is located completely outside of the special flood hazard area and more than one hundred (100) feet measured horizontally, from the high water line of the Roaring Fork River and its tributary streams or the expansion, remodeling,or reconstruction will cause no increase to the amount of ground coverage of structures within the special flood hazard area. RESPONSE: The proposed development will not increase area of structure within the Castle Creek floodway and floodplain. I<, -- STAFF RECOMMENDATION: Staff recommends approval of the First Amendment to the Plat of Black Birch Estates as an insubstantial plat amendment and stream margin exemption for the Gordon residence expansion with the following conditions: 1. Prior to the Planning Director signing the First Amendment to the Plat of Black Birch Estates, the access easement across the conservation land to be purchased by the City must be legally abandoned to the satisfaction of the City Attorney. 2. The applicant must make a statement on the permit set of drawings, indicating there will be no disturbance of vegetation between the building envelope and the river. 3 3. The applicant is required to plant any regraded area inside the building envelope with species keeping with the Roaring Fork Greenway Plan as well as existing plants in the area. 4. The applicant is requested to grant a fisherman's easement in the river or stream and for a width of five feet along the bank. 5. A construction site drainage plan and procedure must be submitted for engineering department approval prior to the issuance of an demolition, excavation or building permit. The construction procedures employed must be such that no runoff from rain or snowmelt be permitted to drain to the river from contact with disturbed earth. The construction procedure used will in no way impact the stream. 6. The applicant shall consult city engineering (920-5080) for design considerations of development within public rights -of -way and shall obtain permits for any work or development within public rights -of -way from city streets department (920-5130). I hereby approve the Gordon Stream Margin Exemption for approximately 186 square foot addition within the area 1001 from the high water line of Castle Creek. I also approve the First Amendment to the Plat of Black Birch Estates as an insubstantial plat amendment, adding 1.043 acres to the southern boundary of the subdivision to be joined to Lot 10 of Black Birch. The above conditions apply to these approvals. Diane Moore, Planning Director Date Attachment "All - Proposed Building Envelope and Amended Plat jtkvj/gordon.dirmemo 4 S t 10 e e 8161 CERTIFICATE OF OCCUPANCY City of Aspen, Colorado DATE: 44 ac This is a and OWNED by SF iF to Certify that a certain structure located erected 'Under BUILDING PERMIT NO. 197 compl-i es with the requirements of the UNIFORM BUILDING CODE, 19 73 Edition. LOT BLOCK ADDITION Occupancy Group Type Construction Fire Zone -CONLMENTS AND RESTRICTIONS: Signed; Clayton H. Meyring Chief Building Inspector ASPEN * PITKIN COMMUNITY'DEVELOPMENT DEPARTMENT THIS CERTIFICATE ISSUED PURSUANT TO THE REQUIREMENTS OFSECTION 307 OF THE 1988 EDITION OF THE UNIFORM BUILDING CODE. IT CERTIFIES THAT AT THE DATE OF ISSUANCE, THE STRUCTURE AS DESCRIBED BELOW WAS IN COMPLIANCE WITH THE VARIOUS RESOLUTIONS AND ORDINANCES REGUL'kTING BUILDING CONSTRUCTIONAND USE IN THIS JURISDICTION. a Use Classification: Single Family Residence Building Permit: 1-143 Legal Description: Lot I -A, Black Birch Subdivision Building Address: 1100 Black Birch Dr., Aspen, CO. 81611 Owmer of Building: Sheldon Gordon Owner Address: 1100 Black Birch Dr. Group: R-3 Type Construction: V-N Use Zone: IZ-30 Description: 1,354 square feet added including one'1/2 bath, one kitchen, one dining room, one office, one breakfast room and one billard room. Comments & Restrictions: One gas fireplace: Masonry. Chief Building Official Date Note: In all occupancim except R. this certificate must be posted in a conspicuous place near the main exit on the premises for which it is issued. Any alteration or use of these described premises or portion thereof without the written approval of the Building Official shall negate this C.O. and subject it to revocation. .1 f Is i City of Aspei Community Developmen Building Permit: 0021.2011.A Owner of Building: LPRP RIVEF Building Address: 1100 BLAC ASPEN CO Group: IRC Type of Construction: VB INTERIOR REMODEL THE PLANS AND CONSTRUCTION FOR THE ABOVE DESCRIBED AND PERMITTED PROJECT HAVE BEEN INSPECTED AND APPROVED BY THE CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT. AT THE TIME OF COMPLETION AND FINAL INSPECTION THE WORK WAS FOUND TO BE IN COMPLIANCE WITH ZONING AND BUILDING REGULATIONS EFFECTIVE IN THE CITY WITH THE FOLLOWING RESTRICTIONS: Date Note: In all occupancies, except R, this certificate must be posted In a conspicuous place near the main exit on the premises for which it Is issued. Any alteration or use of these described premises or portion thereof without the written approval of the Building Official shall negate this letter and subject it to revocation. In LETTER OF COMPLETION City of Aspen Community Development Department x Building Permit: Owner of Building Building Address: Group: Type of Construction: 0054.2015.ARBU LPRP RIVER LLC 1100 BLACK BIRCH DR ASPEN CO 81611 IC REPLACING EXTERIOR SIDING THE PLANS AND CONSTRUCTION FOR THE ABOVE DESCRIBED AND PERMITTED PROJECT HAVE BEEN INSPECTED AND APPROVED BY THE CITY OF ASPEN COMMUNITY DEVELOPftGENT DEPARTMENT. AT THE TIME OF COMPLETION AND FINAL INSPECTION THE WORK WAS FOUND TO BE IN COMPLIANCE WITH ZONING AND BUILDING REGULATIONS EFFECTIVE IN THE CITY WITH THE FOLLOWING RESTRICTIONS: 01"&y2d _ Date Note: In all occupancies, except R, the certificate must he posted in a conspicuous place near the main exit on the premises for which it is issued. Any alteration or use of these described premises or portion thereof without the written approval of the Building Official shall negate this letter and subject it to revocation. I 1\. ORDINANCE 22 Series 1995 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN AMENDING THE ASPEN MUNICIPAL CODE TO WIT, CHAPTERS: 24-3-101 Definitions: Building Envelope, Satellite Dish Antenna, Fence, site specific Development Plan 24-5-20I, 24-5-202, 24-5-203, 24-5-205, 24-5-206, 24-5-206.1, 24-5-206.2, 24-5-207, 24-5-208, 24-5-209, 24-5-210, 24-5-211, 24-5-212, 24-5-213, 24-5-214, 24-5-215, 24-5-216, 24-5-217, 24-5-218, 24-5-219, 24-5-220 Individual Zone Districts, Conditional Uses 24-5-506 Domestic Animals 24-5-511 Supplemental RegUlations: Landscape Maintenance 24-5-512 Supplemental RegUlations: Satellite Dish Antennas 24-5-702 Calculation of Affordable Housing Impact Fee 24-7-503 8040 Greenline Review 24-7-504 Stream Margin Review 24-7-804 Specially Planned Area Insubstantial Amendments 24-7-907 Planned Unit Development Insubstantial Amendments 24-7-1001 Subdivision: Purpose 24-7-1003 Subdivision Exemptions: Lot Splits and Lot Line Adjustments 24-7-1004 Subdivision Review Standards 24-7-1005 Subdivision Agreement: Condominium Plat Recordation 24-7-1006 Amendment to Subdivision Development Order WHEREAS, Section 24-7-1103 of the Municipal Code provides that amendments to Chapter 24 of the Code, to wit, "Land Use Regulations", shall be reviewed and recommended for approval by the Community Development Director and then by the Planning and Zoning commission at public hearing, and then approved, approved with conditions, or disapproved by the city Council at public hearing; and WHEREAS, the Community Development Department has determined 1 tit k.' Iffi if '_ that certain sections of the land use regulations which are in need of updating for current situations, are unclear, or in need of refinement in order to codify Planning Office policies which have been effected over time; and WHEREAS, the Planning and Zoning commission reviewed the proposed amendments and did conduct a public hearings thereon on February 21, March 21, and April 4, 1995; and WHEREAS, upon review and consideration of the text amendments, agency and public comment thereon, and those applicable standards as contained in Chapter 24 of the Municipal Code, to wit, Division 11 of Article 7 (Text Amendments), the Planning and Zoning commission has recommended approval of the text amendments recommended by the Community Development Director pursuant to procedure as authorized by section 24-6-205 (A) (5) of the Municipal Code; and WHEREAS, the Aspen city Council has reviewed and considered the text amendments under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered those recommendations and approvals as granted by the Planning and Zoning Commission, and has taken and considered public comment at public hearing; and WHEREAS, the city Council finds that the text amendments meet or exceed all applicable development standards and is consistent with the goals and elements of the Aspen Area Community Plan; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for public health, safety, and welfare; and WHEREAS, the city Council finds that the proposed text amendment will allow and promote compatibility of zone districts and land uses with existing land uses and neighborhood characteristics and will be consistent with the public welfare and the purposes and intent of the Municipal Code. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN COLORADO: Section 1: Pursuant to Section 24-7-1102 of the Municipal Code, the city Council finds as follows in regard to the text amendments: 1.The proposed text amendments as set forth in the Plan are not in conflict with the provisions of Chapter 24 of the Municipal Code or the Aspen Area Community Plan. The proposed text amendments will promote the public interest and character of the City of Aspen. 2. 2 w8 j ..... tz", 0.' lIT . 0;;" section 2: section 3-101 of Chapter 24 of the Aspen Municipal Code a new definition for "building envelope" is hereby added, which new text shall read as follows: Building envelope is that area on a lot which encompasses all development including but not limited to excavation, fill, grading, storage, demolition, structures, building heights, decks, roof overhangs, porches, patios and terraces, pools, any areas of disturbance, access ways and parking. Approved plantings of landscape materials on natural grade and approved walkways and driveways may occur outside of a building envelope. Otherwise, all areas outside of a building envelope shall remain in pristine and untouched condition unless approved by the Community Development Director. For purposes of site specific development plans, building envelopes may be established to restrict development to protect slopes, important vegetation, water courses, privacy or other considerations. Building envelopes shall be described on recorded plats, site specific development plans, ordinances, resolutions, and building permit site plans. section 3: Section 3-101 of Chapter 24 of the Aspen Municipal Code definition of "fence" is hereby amended, which new text shall read as follows: Fence means a structure, including berms, which serves as a barrier intended to prevent escape or intrusion, to mark a boundary, to shield or screen view, or to serve any similar purpose. Fences shall be permitted in every zone district provided that no fence shall exceed six (6) feet above natural grade. Fences visible from the public right-Of-way shall be constructed of wood, stone, wrought iron or masonry. On corner lots, no fence, retaining wall, or similar object shall be erected or maintained which obstructs the traffic vision, nor on corner lots shall any fence, retaining wall, or similar obstruction be erected or maintained which exceeds a height of forty-two (42) inches, measured from street grade, within 30 feet from the paved or unpaved roadway. Plans showing proposed construction, material, location and height shall be presented to the building inspector before a building permit for a fence is issued. Additionally, foliage shall be placed and maintained so that it will not obstruct vehicular visibility at intersections. Section 4: Section 3-101 of Chapter 24 of the Aspen Municipal COde definition of "satellite dish antenna" is hereby amended, which new text shall read as follows: satellite dish antenna or satellite radio frequency signal 3 8'..I,~ reception and/or transmission device means a dish-shaped or parabolic-shaped reception or transmission device, is used for the reception and/or transmission of satellite signals, including but not limited to television signals, AM radio signals, FM radio signals, telemetry signals, data communication signals, or any other reception or transmission signals using free air space as a medium, whether for commercial or private use, provided: A. Area and bulk requirements. The installation of a satellite dish antenna shall not cause a violation of area and bulk requirements within the zone district in which it is located, unless a variance is granted by the board of adjustment. B. Right-Of-way. A satellite dish antenna shall not be placed on an easement or in the city right-of-way, unless an encroachment permit is secured. C. Increased danger. The installation of a satellite dish antenna shall not cause any increased danger to neighboring property in the event of collapse or other failure of the antenna structure. D.Visual impact. The visibility of the dish from the public way shall be reduced to the highest degree practical including, but not limited to, sensitive choice in placement of the dish, screening with fencing, landscaping, subgrade placement, or any other effective means that both screen the dish and does not appear to be unnatural on the site. Section 5: Section 3-101 of Chapter 24 of the Aspen Municipal Code definition of "site specific development plan" is hereby amended, which new text shall read as follows: site specific development plan means a plan which has been submitted to the Community Development Department by a landowner or his representative describing with reasonable certainty the type and intensity of use for a specific parcel or parcels of property. Such plan may be in the form of, but need not be limited to, a planned unit development (PUD) , subdivision, specially planned area (SPA), growth management exemption, environmentally sensitive area review, conditional use, special review, or historic landmark review. A variance shall not constitute a site specific development plan. site specific development plan shall not mean or include any conceptual or preliminary plan as defined in this chapter. Section 6: The following Sections of Chapter 24 of the Aspen Municipal Code "Conditional Uses" are hereby amended to delete satellite dish antennae": 4 e"t 24-5-201.C.7., 24-5-202.C.7., 24-5-203.C.7., 24-5-205.C.7., 24-5-206.C.7., 24-5-206.1.C.6., 24-5-206.2.C.3., 24-5-207.C.5., 24-5-208.C.ll., 24-5-209.C.7., 24-5-210.C.4., 24-5-211.C.8., 24-5-212.C.I0., 24-5-213.C.6., 24-5-214.C.3., 24-5-215.C.2., 24-5-216.C.3., 24-5-217.C.7., 24-5-218.C.4., 24-5-219.C.5., 24-5-220.C.3. section 7: The following section of Chapter 24 of the Aspen Municipal Code is hereby deleted: section 5-506. Domestic Animals section 8: section 5-511 of Chapter 24 of the Aspen Municipal Code is hereby added, which new text shall read as follows: section 5-511. Landscape Maintenance A. Landscaping shown on any approved site development plan shall be maintained in a healthy manner for a minimum three 3) year period. In the event that plant material dies, the owner of the property shall replace the plant material with similar quality within 45 days of notification by the Zoning Enforcement Officer. If seasonal or cultural constraints do not allow planting of the approved plant material within 45 days the owner may in writing seek permission from the Community Development Director to: 1) Provide financial assurances equal to 120% of the amount of the replacement landscaping and installation costs as approved by the Parks Department, and in a form satisfactory to the city Attorney. The completion of the landscape replacement shall be accomplished no late than June 15 of the next planting season, otherwise the financial assurances shall be forfeited to the city. 2) Submit for approval a revised landscape plan. Failure to comply with the replanting requirement will constitute a violation of this section and may result in complaint(s) being filed in Municipal Court section 9: section 5-512 of Chapter 24 of the Aspen Municipal Code is hereby added, which new text shall read as follows: section 5-512. Satellite Dish Antennas Satellite dish antennas twenty-four (24) inches in diameter or less must receive building permits, if required, prior to installation. Prior to the issuance of appropriate building permits, satellite dish antennas twenty-five (25) inches or greater in diameter shall be reviewed and approved 5 e'l' It by the community Development Director in conformance with the criteria within Sections 7-304 (B) and (C). The Community Development Director may apply reasonable conditions to the approval deemed necessary to insure conformance with said review criteria. If the Community Development Director determines that the proposed satellite dish antennas does not comply with the review criteria and denies the application, or the applicant does not agree to the conditions of approval determined by the Community Development Director, the applicant may apply for conditional use review by the Planning and Zoning commission. Procedures established in Article 6 Common Development Review Procedures shall apply to all satellite dish antennas. section 10: section 5-702 of Chapter 24 of the Aspen Municipal Code is hereby amended, which new text shall read as follows: section 24-5-702 Calculation of affordable housing impact fee. The amount of the affordable housing impact fee is based on the public cost to provide affordable housing as a result of the activity for which the fee is required. The formula shall utilize the cash-in-lieu payment established from time to time by the Aspen/Pitkin County Housing Office for moderate income employees and the square footage of new floor area constructed as a result of the demolition of a single family or duplex dwelling unit or the construction of a new single family or duplex dwelling unit on a previously vacant lot (the floor area of a demolished dwelling shall be subtracted from the floor area of the replacement dwelling unit), or the remodel or expansion of an existing single family residence into a duplex dwelling. The formula assumes that for every three thousand (3,000) square feet of new single family or duplex floor area that the public will be required to provide housing for one moderate income employee. The formula to be applied shall be as follows: average of cash-in-lieu amount for Category 2 and 3) 3,000) X (net increase in FAR of new structure) cash-in-lieu payment for replacement structure section 11: section 7-503.C.l1. of Chapter 24 of the Aspen Municipal Code "8040 Greenline" is hereby amended, which new text shall read as follows: section 24-7-503.C. 11) Any trail on the parcel designated on the Aspen Area Community Plan: Parks/Recreation/Open Space/Trails Plan map is dedicated for public use. Provide access to natural 6 I~ei<_ e, resources and areas of special interest to the community. section 12: section 7-504 of Chapter 24 of the Aspen Municipal Code "Stream Margin Review" is hereby amended, which new text shall read as follows: section 24-7-504. stream Margin No development shall be permitted within the floodway, with the exception of bridges or structures for irrigation, drainage, flood control or water diversion, which may be permi tted by the ci ty Engineer, provided plans and specifications are submitted to demonstrate that the structure is engineered to prevent blockage of drainage channels during peak flows and the Commission determines the proposed structure complies, to the extent practical, with all the standards set forth below. No development shall be permitted within one hundred feet 100'), measured horizontally, from the high water line of the Roaring Fork River and its tributary streams, or within the Special Flood Hazard Area where it extends beyond one hundred feet (100') from the high water line of the Roaring Fork River and its tributary streams, unless the Commission makes a determination that the proposed development complies with all the standards set forth below: 1. It can be demonstrated that any proposed develop- ment which is in the Special Flood Hazard Area will not increase the base flood elevation on the parcel proposed for development. This shall be demonstrated by an engineering study prepared by a professional engineer registered to practice in the state of Colorado which shows that the base flood elevation will not be raised, including, but not limited to, proposing mitigation techniques on or off-site which compensate for any base flood elevation increase caused by the development; and 2. Any trail on the parcel designated on the Aspen Area Community Plan, Parks/Recreation/Open Space/Trails Plan map, or areas of historic public use or access are dedicated via a recorded easement for public use. Dedications are necessitated by development's increased impacts to the city's recreation and trail facilities including public fishing access; and 3.The recommendations of the Roaring Fork Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable; and 7 i 1( 4.There is no vegetation removed or damaged or slope grade changes (cut or fill) made outside of a specifically defined building envelope. A building envelope shall be designated by this review and said envelope shall be barricaded prior to issuance of any demolition, excavation or building permits. The barricades shall remain in place until the issuance of Certificates of Occupancy; and 5. The proposed development does not pollute or interfere with the natural changes of the river, stream or other tributary, including erosion and/or sedimentation during construction. Increased on- site drainage shall be accommodated within the parcel to prevent entry into the river or onto its banks. Pools or hot tubs cannot be drained outside of the designated building envelope; and Iii., Z\ tI' 6.Written notice is given to Conservation Board prlor to relocation of a water course, notice is submitted to the Management Agency; and the Colorado Water any alteration or and a copy of said Federal Emergency 7.A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminiShed; and 8.Copies are provided of all necessary federal state permits relating to work within the hundred (100) year floodplain; and and one 9. There is no development other than approved native vegetation planting taking place below the top of slope or within 15' of the top of slope or the high waterline, whichever is most restrictive. This is an effort to protect the existing riparian vegetation and bank stability. If any development is essential within this area, it may only be approved by special review pursuant to section 7- 404 D. of this Article 7 (refer to Figure "A" below for illustrative purposes) ; and 10. All development outside the 15' setback from the top of slope does not exceed a height delineated by a line drawn at a 45 degree angle from ground level at the top of slope. Height shall be measured and determined by the Zoning Officer utilizing that definition set forth at section 3-101 of this 8 eI~~ I", , i;\ 8,' Chapter 24 (refer to Figure illustrative purposes); and An below for 11. A landscape plan is submitted with all development applications. Such plan shall limit new plantings including trees, shrubs, flowers, and grasses) outside of the designated building envelope on the river side to native riparian vegetation; and 12. All exterior lighting is low and downcast with no light(s) directed toward the river or located down the slope; and 13. site sections drawn by a registered architect, landscape architect, or engineer are be submitted showing all existing and proposed site elements, the top of slope, and pertinent elevations above sea level; and 14. There has been accurate identification of wetlands and riparian zones. Figure "A" 11i:: I,' 10:::: I IIII\IIIII1I11111111111I, II I I111 I1I1 I11I1I111 1 1I1I11111111 I 1111II1111I1 I lit 111111[111111 I I III II I1I111111111111111I111111111111111 river Development Allowed within Progressive Height Limit 15' Setback NO DEVELOPMENT section 13: section 7-804.E.1. of Chapter 24 of the Aspen Municipal Code "Specially Planned Area Insubstantial Amendment" is hereby amended, which new text shall read as follows: 7-804 E.l. SPA Insubstantial Amendments An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: 9 11' 1\,,< f..II' a)A change in the use or character of the development. b) An increase by greater than three (3) percent in the overall coverage of structures on the land. c) Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities. d) A reduction by greater than three (3) percent of the approved open space. e) A reduction by greater than one (1) percent of the off- street parking and loading space. f) A reduction in required pavement widths or right-of-way for streets and easements. g)greater than two (2) leasable floor area percent in the of commercial An increase of approved gross buildings. h) An increase by greater than one (1) percent in the approved residential density of the development. i)Any change which is inconsistent with a condition or representation of the proj ect' s original approval or which requires granting of a further variation from the project's approved use or dimensional requirements. section 14: section 7-907.A. of Chapter 24 of the Aspen Municipal Code "Planned unit Development Insubstantial Amendment" is hereby amended, which new text shall read as follows: section 24-7-907.A. PUD Insubstantial Amendments An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: a) A change in the use or character of the development. b) An increase by greater than three (3) percent in the overall coverage of structures on the land. c) Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities. d)A reduction by greater than three (3) percent of the 10 W' e approved open space. e)A reduction by greater than one (1) percent of the off- street parking and loading space. f) A reduction in required pavement widths or right-of-way for streets and easements. g)An increase of approved gross buildings. greater than two (2) percent in the leasable floor area of commercial h) An increase by greater than one (1) percent in the approved residential density of the development. i) Any change which is inconsistent with a condition or representation of, the project's original approval or which requires granting of a further variation from the project's approved use or dimensional requirements. section 15: section 7-1001 of Chapter 24 of the Aspen Municipal Code, "Subdivision, Purpose" is hereby amended by adding a new section "h", which new text shall read as follows: section 7-1001. Purpose. The purpose of this division is to : A. Assist in the orderly and efficient development of the City; B. Ensure the proper distribution of development; c. Encourage the well-planned subdivision of land by establishing standards for the design of a subdivision; D. Improve land records and survey monuments by establishing standards for surveys and plats; E. Coordinate the construction of public facilities with the need for public facilities; F. Safeguard the interests of the public and the subdivider and provide consumer protection for the purchaser; G. Acquire and ensure the maintenance of public open spaces and parks; and H. Provide procedures so that development encourages the preservation of important and unique natural or scenic features, including but not limited to mature trees or indigenous vegetation, bluffs, hillsides or similar geologic 11 1-fiJi", 0,;,<. features, or edges of rivers and other bodies of water; and I. Promote the health, safety and general welfare of the residents of the City of Aspen. Section 16: Sections 7-1003.A.2.b. and d. of Chapter 24 of the Aspen Municipal Code "Lot Split" are hereby amended, and new Sections 7-1003.A.2.e., 7-1003.A.2.f. and 7-1003.A.2.g. are added, which new text shall read as follows: Section 7-1003 Exemptions (A) (2) Lot Split. a. The land is not located in a subdivision approved by either the Pitkin County Board of County Commissioners or the city Council, or the land is described as a metes and bounds parcel which has not been subdivided after adoption of subdivision regulations by the City of Aspen on March 24, 1969; and b. No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying zone district. Any lot for which development is proposed will mitigate for affordable housing pursuant to Section 8-104 (A) (1) (c) . c.The lot under consideration, or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this article or a "lot split" exemption pursuant to section 8-104(C) (1) (a); and d. A subdivision plat which meets the terms of this division, and conforms to the requirements of this chapter, is submitted and recorded in the office of the Pitkin County clerk and recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this article and growth management allocation pursuant to Article 8. e. Recordation. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County clerk and recorder. Failure on the part of the applicant to record the plat within one hundred and eighty (180) days following approval by the city Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. f.In the case where an existing single family dwelling occupies a site which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split. 12 1"','"-',, 1\'g.Maximum potential buildout for the two parcels created by a lot split shall not exceed three units, which may be composed of a duplex and a single family home. Section 17: Section 7 -1 0 0 3 . A. 1. d. of Chapter 24 of the Aspen Municipal Code, review criteria for "Lot Line Adjustment" is hereby amended, which new text shall read as follows: d. "The corrected plat will meet the standards of this division, and conforms to the requirements of this chapter, including the dimensional requirements of the zone district in which the lots are located, except in cases of an existing non-conforming lot, in which the adjustment shall not increase the nonconformity of the lot. The plat shall be submitted and recorded in the office of the Pitkin County clerk and recorder. Failure to record the plat within a period of one hundred and eighty (180) days following approval shall render the plat invalid and reconsideration of the plat by the Planning Director will be required before its acceptance and recording; and Section 18: Section 7-1004.C.4. of Chapter 24 of the Aspen Municipal Code "Subdivision Design Standards" is hereby amended to add a new section "h", which text shall read as follows: h. The design and location of any proposed structure, building envelope, road, driveway, trail or similar development is compatible with significant natural or scenic features of the site. Section 19: Section 7-1005.E. of Chapter 24 of the Aspen Municipal Code "Subdivision Agreement Recordation" is hereby amended, which new text shall read as follows: E. Recordation. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin county clerk and recorder. Failure on the part of the applicant to record the plat wi thin one hundred and eighty (180) days following approval by the city Council shall render the plat invalid and reconsideration of the plat by the commission and city council will be required by for a showing of good cause. Section 20: Section 7-1006.A. of Chapter 24 of the Aspen Municipal Code "Amendment to Subdivision Development Order" is hereby amended, which new text shall read as follows: A. Insubstantial amendment. An insubstantial amendment to an approved plat or between adjacent subdivision plats may be authorized by the Community Development Director. An insubstantial amendment shall be limited to technical or engineering considerations first discovered during actual 13 y e" 'l, , development which could not reasonably be anticipated during the approval process, or any other minor change to a plat which the community Development Director finds has no effect on the conditions and representations limiting the approved plat. section 21:This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. section 22: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. section 23: The city Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulations within the City of Aspen no later than fourteen (14) days following final adoption hereof. section 24: That the city Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin county Clerk and Recorder. section 25: A public hearing on the Ordinance shall be held on the j~ day of ...-L~ 1995 at 5: 00 in the city council Chambers, Aspen city Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, 14 t- ts. I'.'....' e~ty Council 1995. of the City of Aspen on the ~~ tg~ John Bennett, Mayor Jk?J) J-:/o (lj{ K~t~r~~4. Koch, city CI:' k FINALLY, adopted, passed and approved this 02~ 1995. day of day of John Bt:t, ~~ Kathryi,city Clerk 15 f LAND USE REGULATIONS 7-504 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. 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. 11. Any trail on the parcel designated on the Aspen Area Comprehensive Plan; Parks/Recreation/Open Space/Trails Plan map is dedicated for public use. Sec. 7.504. Stream margin review. A. Applicability. The provisions of stream margin review shall apply to all development within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams, or within the one -hundred -year floodplain where it extends beyond one hundred (100) feet of the Roaring Fork River and its tributary streams, or within a flood hazard area, unless exempted pursuant to Section 7-504(B). B. Exemption. The expansion, remodeling or reconstruction of an existing development shall be exempt from stream margin review if the following standards are met: 1. The development does not add more than ten (10) percent to the floor area of the existing structure or increase the amount of building area exempt from floor area calculations by more than twenty-five (25) percent; and 2. The development does not require the removal of any tree for which a permit would be required pursuant to section 13.76 or the applicant receives a permit pursuant to said subsection; and 3. The development is located such that no portion of the expansion, remodeling or reconstruction will be any closer to the high water line than is the existing develop- ment; and Supp. No. 1 1703 July 31, 2023 Mr. Glenn Horn Via email RE: Irrigation water rights for 1100 Black Birch Drive, Aspen Dear Glenn: Per your request, we researched the irrigation water rights associated with 1100 Black Birch Drive in Aspen, Colorado, also known as Lot 10, Black Birch Estates (the “Property”). We represent the owner, LPRP River LLC in water matters. We conclude that the Property has the right to use and is irrigated from the Tagert Ditch water rights, through membership in the Black Birch Estates Homeowners Association. The Property is and apparently has always been irrigated with Tagert Ditch water and not water provided from the City of Aspen for the Property’s in- house domestic water uses. 1. Water rights ownership. By quitclaim deed dated July 21st, 1987, Charles E. Worth and Ann G. Worth, the developers of Black Birch Estates subdivision, deeded to Black Birch Estates Homeowners Association 0.5 c.f.s. in the Tagert Ditch, First Enlargement water right. This water right was decreed for 1.41 c.f.s. in Civil Action NO. 4033, Garfield County District Court, with an appropriation date of August 19, 1947 and an adjudication date of October 25, 1952. Then on May 22nd, 1997, Keifer Mendenall and Mary E. Mendenhall deeded all of their interest in the Tagert Ditch original water right stemming from 1936, the First Enlargement water right stemming from 1952, and the Second Enlargement water right stemming from 1978 to the HOA. We attach the deeds as Exhibit A. The Protective Covenants for Black Birch Estates, recorded at Book 227, Page 452, Pitkin County records, and attached as Exhibit B, also evidence the Property’s use rights from the Tagert Ditch. Article XV states that a homeowners association shall be formed in part to own the water rights deeded to it by the Worths. The By-laws of Black Birch Estates Homeowners Assocation, Inc., attached as Exhibit C, state at Article VI, Sec. 1, that “…Lots 7-18 of the Subdivision shall be subject to an annual (and where necessary interim) assessment for the ownership, maintenance, replacement and operation of the Tagert Ditch structure and the priorities for the use of water thereof….” Accordingly, we conclude that the Homeowners Association owns water rights in the Tagert Ditch, and that the owners of Lots 7-18 have the right to use water from the ditch for irrigation of their properties. Mr. Glenn Horn July 31, 2023 Page 2 2. Irrigation of the Property. We spoke with Otto Moreno, the Property’s caretaker and irrigator. Otto states that a pump in the Tagert Ditch provides the Property’s irrigation system with raw water for irrigation through a sprinkler system. The ditch itself originates upstream and diverts water from Castle Creek on property owned by the City of Aspen. Otto states that the Property has always been irrigated from the Tagert Ditch using the HOA-owned water rights, and does not use City of Aspen treated water for irrigation purposes. The HOA operates the ditch system for the benefit of the homeowners using water from it, and the Property owner pays its assessments yearly for its use rights. We conclude that the Property is irrigated solely from the Tagert Ditch through water rights owned by the Black Birch Estates Homeowners Association. We hope this information is helpful, and please feel free to contact me with any questions. Very truly yours, Patrick | Miller | Noto A Professional Corporation By: ________________________ Paul L. Noto noto@waterlaw.com cc: Client Recorded at,--__._----•--o'clock----M., _---------....----- Reception No. ---- QUIT CLAIM DEED C7'7.%i, .�. and __..1. G. �:r�2 f Husband and •'.'rife, whose address is 7'.-C).3ox 9309 A31D:7,1 County of �I''- ! T , and State of 291358 I SILVIA DAY1S I I 1 Kill 6IlTY REZ9111111BK i C c_ C_=T O , for the consideration of "en Dollars n other considereti � i, ( - •r�) � oFYollars, in hand paidUL 27 1 29 PH'81, O y` 9 3 J _r r �_ '� ' Zz hereb sell(]dand uitclaimpdto 7.�.�k _-�i�:,h _o.e0':.ners _ SSOCiatiOri I_.C. a Colorado Corporation (non —:profit) o whose address is 1170 ;;orth -River :=.'rive, .0.?ox 7�4, :spen,Colorado.. p County of 7 -_Ili-fT , and State of C 0? OiL'' 0 , the following real property, in the County of ?I^ls1 and State of Colorado, to wit: nTracts _:., 3, and C md. the following described streets drives and r0ad;yays,to ;fit: OverlookDrive,3lack 3irch Drive, and ?iver give, as such tractr, and streets have been described and met forth in that certain ?L:.^ filed in the office of the Cleri: and ?ecorder of 1itlkzin CoVn7uy as DooLunent 127234 in -'LAi DOOK 3 at gage 244;hoviever, reserving to the Grantors hereof the non-e..clusive rigtts of ingress and egress over, ur_dgr and across such tra.cts,strgets and roadways for- their own, their heirs and assig.s use, benefit and enjoyment. 2ive-tenths (0.50) of one cubic foot ?per second to the ;later described and adjudicated in Cause # 4033 of the District Court in and for the County of Garfield and the t^te of Qolorado tinder priority Ifi=ber 553 and dated _'_ur ast 19,194 7 from the Iab+ert Ditch at the historic point of diversion -which is located on the above described '01at - within Tract A. also known as street and number Per the '=1D.t with all its appurtenances Signed this 21 st day of July 51AIE DUGUMENTARY FEE`. i JlA 2 71987 ly 87.' C h arles ':forth .:nn. c. 11orth SZTATE OF COLORADO. County of i u— f The fdr.HYojng•itelr.ument µvas acknowledged before me this 21 st day of JtLI i n r�t 18.G(.by a.lial2eb . 7.orth ,..:^_d '.nn G. .7ort1l,, My cortttnsRjon exp4re9 , WXTUESS my hund and official seal. ttfa�r f16Ls ry Ll 1 111111 lllll 111111 11111 llll lllllll 111 •. ,1; 11111 llll llll 404700 0!/22/1997 09:23A QCD 1 oft R 6.00 D 0.00 N 0.00 PITKIN COUNTY CLERK QUIT CLAIM DEED TIDS DEED, Made this £ day of rQo..t, , 19 � between Kiefer Mendenhalland Mary E. Mendenhall of 1300 Red Butte,Aspen, County of Pitkin, State of Colorado,Grantors, and Black Birch Home Owners Association, whose legal address is c/o Felix Pogliano,1110 Black Birch Drive, Aspen, County of Pitkin, State of Colorado, Grantee,WITNESSETH, That the Granters, for and in consideration of the sum of TENDOLLARS ($10) the receipt and sufficiency of which is hereby acknowledged, have remised,released, sold, conveyed and QUIT CLAIMED, and by these presents we remise, release, sell,convey and QUIT CLAIM unto the Grantee, its heirs, successors and assigns, forever, all theright, title, interest, claim and demand which the Granters have in and to any and all remainingwater and water rights, structures and structure rights owned by Gran.tors, including, but not byway of limitation, their interest in the following specifically described water n hts:Name Total Decreed Adjudication AppropriationAmountDateDateTagert Ditch 1.59 c.fs.August 25,1936 April 10,1905Tagert Ditch, First Enlargement 1.41 c.f.s.October 24,1952 August 19,1947Tagert Ditch, Second Enlargement 1.50 c.fs.July 31. 1978 June 1, 1960TO HA VE AND TO HOLD the same, together with all and singular the appurtenancesand privileges thereto belonging or in anywise thereunto appertaining, and all the estate, right,title, interest and claim whatsoever, of the Grantors, either in law or equity, to the only properuse, benefit and behoof of the Grantee, its heirs, successors and assigns forever.IN WITNESS WHEREOF, The Granters have executed this deed on the date set forthabove. K�rl�•-LlXJ lrJ MA{ �-tn?U�Mary E. Mendenhalls;A,'IB'?l° �Q�ORADO ) •·' \,� ·. 4 · • r.-··: 'l. ) ss •• • -l .... ·· .. ')' . /�tt,of.f,1�\\ ·. ,)i � .: c-: � q"' ··/-i \ . J \ \ � :_ � • el'9re�g instrument was acknowledged before me this J;ln1..· day of l h l ['\,':- � · / _-i:.'l-1<1iri:· �9..91, by Kie.hr ('(\endef"lhal\ � '(T\ary f:. Vhmc enQ • ,,, 1'� I • •,. • ...• '"T., , ::,.()(X) '••,.,,�My commission expires JQ.O(nry I l •l-9--. Witness my hand and official .seal.390AQCBB.OL�ii ,1a:J-c;R. fl..,(] u_ t_ot P lie f Ju1-19. 2005 2:43PM : & EDWARDS PC No-9369 P� 2 F<IPd for Record lock P.M. dune 22. 1967 ) 0 w Reception No. emy E. Coble Recorder �,�1 ppyE� Protective Covenants for Black Birch Estates Whereas, Charles E. Worth and Ann G, Worth (CEW and AGW) are the owners of Black Birch Satatem, situ+te in the W14, 8ectiou 1, Tuwu- ship 10 South, Range•85 West-, $th P.Y., Pitkin County, Colorado, according to the Plat thereof, recorded as Document #127234, Plat Book 3 at page 244, of the Records of Pitkin County, Colorado, and the owners now desire to place certain protective covenants on said Subdivision for :he use and benefit of the persons who from time to time shall hold title to or otherwise have an interest in the lots comprising said Subdivision far the purpose of establishing Black Birch Notates as a desirable residential area of permanent nature and the highest quality. Now, therefore, CEW and AGIN hereby declare to and for the benefit of all persons who may hereafter , purchase and from time to time hold and own any of said property, that said property is subject to the following protective covenuata and conditions, all of which Shall he deemed to run with the land and inure to the benefit of and be binding upon the owners at any- time of said lots, their heir*, successors and assigns, to wit; I All buildLug lots in Black Birch Estates shall be used for residen- tial purposes only, which limitation shall exclude commercial and business rises, multi -)family dwellings. No structurpt; or buildings shall be erected, placed, altered, or permitted to remain on any lot other than one single family dwelling which may include porches, garages and other permanent improvements, but not a guest house, nor shall any lot be occupied at any time by more than a single family and its guests. No basement, garage, tent, temporary struc- ture or other building erected on any lot-sball at any time be used as a residence temporarily or permanently, nor shall any temporary structure be used as a residence or permitted on any lot. No lot or tract may be used as a toad access to any property situate beyond the boundaries of the subdivision as platted. II No lot may be subdivided or in any manner made into a lot with boundaries other than as shown on said plat of Black Birch Estates, providing, however, that adjoining property owners may relocate common lot lines by buying nr selling property fLom each other, providing that such axles will not violaLu &try--rest-rictttons con- tained herein, any zoning regulations of Pitkin County, and the relocated lot line shall be the line .used for set -backs, and the resultant lot shall thereafter be treated for all purposes as a single lot. Contiguous lots under single ownership may be treated as a single lot regarding set -backs and said owner may build across Interior platted lot lines. III Any and all buildings including porches, decks, garages and other structures shall be seat back at least 25 ft. from front lot lines, Stewart Title of Aspen Ju1.19. 2005 2:43PM IN COTE & EDWARDS PC No•9369 P. 3 which are the lot lines floating on or adjoining onto roadways and cul-de-sacs; 15 ft. from aids loft lines and 10 ft. from rear lot lined; .excepting frog the above, certain set -backs on thos.. lots specified below: Rear set -backs on lots 4, 5 and 6 shall be 75 ft. The set -back from the Northeast side lot line of lot 6 shall be 50 ft. and the front get -back on lot 7 shall be south of the Tagert Ditch. Set -backs on all lots bordering the Roaring Fr.+'• and Castle Creek shall be 15 ft.'or more from the River Bank int L,ldi.ig decks and porches. IV NO noxious trade or offensive activity shall be carried on upon any lot nnr shall any thing be done which may become an annoyance, nuisance or danger to the neighborhood. Without limitation to these, the following items shall be considered noxious, offensive, annoying or dangerous: use of poisonous sprays, motorcycles, offensive odors, loud or annoying sounds, discharge of firearms, bright outdoor lighting, mining or drilling operations. Y The 1nllowtng will not be allowed on any lot: outdoor television antennas, exposed garbage or trash cans, incineraLorm, above ground oil or gas tanks, fences higher than 6 ft., signs, lumber, scrap, refuse or trash. Trucks, boats and similar equipment small be housed or well screened. Na animale shall be kept on any lot except dogs and small household pets which shall be kept on the owners lot and only as long as the pet or dog does not bother or annoy other lot owners. Au imals which are even slightly noisy shall be kept indoors. VI Tracts A, B, C,to be placed under common ownership, shall be used only as foot paths and utility easements as necessary. VII All power lines, telephone lines and other utilities shall be buried underground, providing, however, that CEw and AGW reserve the rig:xt and privilege to erect and maintain power and telephone lines over- head for distribution of Lhese services within said subdivision _ -*here necessary. Vill All sewerage systems shall terminate in an approved manner sub- ject to the following limitations: the closest point of the structure of a disposal system shall not be leas than 75 ft. to the--bwrk of, -#hp Roaring Fork or Castle Creek or legs than 75 ft. to the line between level ground and the steep slopes on icts 1, -2- Stewart Title of Aspen Ju1-19. 2005 2:44PM 1N COTE & EDWARDS PC No•9369 P- 4 6DO & I er,1451,' 4. S, 6. At such tiw^ s—►erage is available through a Public Sanitation System, property rp+sidents shall connect to such facil- Ities within a reasonable tarac. IX Lot nwners constructing fences, landscaping or other structures upon any utility or ditch easement located in or platted on the map of Slack Birch Estates shall have the sole liability to re- place or restore any such fence, landscaping or structure as may be destroyed or damaged through construction, maintenance or re- pair of any utility service or ditch. X The strews bad and banka of the Roaring Fork and Castle Creek shall not be altered, changed or in any 'ray affected by any lot owner. it being in the best Interest of the subdivision to preserve the River and banks in its natural.state. No trees shall be cut or destroyed except an may be required for construction of the residence, out- side watering shall be used from ditches where available. RI The unc.?rsigned owners of Black Birch Estates, or someone duly se- lected by said owners shail be and shall serve as the Architectural Gnntrol Committee, herein referred to as the ACC, until such a time AS 8`1 of the lots within said subdivision shall have been sold; therea-ter the Irt owners of record may elect three lot owners to serve as the ACC. The representatives of the lot owners shall serve as provided in By -Laws as drawn up. No buildings, structures, fences, walls shall be erected, altered or permitted to remain on any lot, nor shall any trees be cut until campletp p'ianR, Specifications and site plan showing building lo- cations have been approved in writing by the ACC, in considering such plans, the ACC shall base its decision upon the design, exterior building materials, building compatibility with eXisting structures, consideration of topography, natural features and surroundings so as to compliment the area aesthetically with a minimum impact. Specific guide lines include: the ground floor level of any residence erected an any lot, exclusive of porches, basements, garages and subsidiaries shall not be leas than 1,000 sq. ft. Hoof design and pitch will he given +.arefui consideration it order to achieve structural (soundness, durability and pleasing appearance. A -frame buildings will not be allowed. Buildings on lots 1, 2, 3, 4, 5 and 6 Will be limited to no more than 15 ft. in height, measured Ya average grade to roof peak. Buildings on lots 7 through 18 shall not exceed 24 ft. in height as measured above, and providing that the above height limitations may be waived by the ACC in writing. -3- Stewart Title of Aspen Ju1-19. 2005 2:44PM _1N COTE & EDWARDS PC No•9369 P. 5 u J7 PAGER All exterior construction of any structures and Improvcments on any lot shall be completed within one year of the -date of invro,al of the plans by the ACC and landscaping thereof shall be completed in an additional six months. In furtherance of the conc;epts.of de- si3n and durability of materials, the following exterioz matcrials will not be approved: metal siding or roofs, plarrI,:v, imitation stone or woad, asphalt or aehestos siding, asphalt '-:A?fiGa .;.Tingles, glass bricks or other composition and imitation materia'.3. cinder blocks, stucco and white paint may he used but subjeo, to specific approval by the ACC. Roofing should consist of'wooden shakes, slate, Lilt, sod or built-up tar and gravel. Final building tone should be subdued and compatible witL the surroundings. If the ACC falls to approve or disapprove plans submitted to it within thirty days, it shall be presumed said plans are approved. In the event that plans are disapproved in writing, the lot owner may re -submit plans in 15 days for reconsideration thereof.' All plane will be reviewed by a member of the ACC who is a registered architect. A fee of $54.00 will be charged for such review of plans which the land= owner agrees to pay on demand. The'ACC may 1napect any structure during construction. XII The invalidation of any of the foregoing restrictions &;hall not effect the validity of -any other restrictivn, it being the intent of the undersigned that each provision shall be severable. XIII If any property owner within the above described subdivision shall violate or attempt to violate any restriction contained herein, it Shall be lawful for any other property Owner in the subdivision to prosecute the violator to prevent violation or to recover damages therefrom. F:4 U The restrictions, covenants and conditions created and established herein for the benefit of Black Birch Estates and each lot therein shall continue in full force and effect for twenty-one yearc from the date hereof and shall be extended t;utc��Gi ' ly...t•�t _.�t+�+in��nus ten year periods unless modified ar terminated in the following manner: prior to the expiration date of said twenty-one year period said restrictions, covenants and conditions may be tdFrn2nated or modified by the recording of an appropriate wxi.tteL irst_ument in the office of the Clerk and Recorder of Pitki County, Colorado, executed by a majority of the record lot owners arl CEW and AGX or tI;, successor of CEr and AGN designated in writing. After the initial twenty-one year period, modification or termination may be accomplished in a like wanner with written consent of the record owners of 80% of the lots. -4- Stewart Title of Aspen Ju1-19. 2005 2:44PM N COTE & EDWARDS PC No-9369 P. 6 EY b00K&O ( PACE456 A HomeOwners As*ociatina (HOA) shall he formed as a non-profit corporation to nonage the interests of lot owners in Black birch $state$. The owners of eadh lot sL_,11 be me.abers of the HQA, en- titled to one vote for each lot owned and shall be required to pay assessments levied by HOA, The RUA may be ftirmed upon demand of 50% of the record lot owners in said subdivision or by CEN and hafter two sears Te functions fa•oM the ,late of execution of this luatrument. ship of real p The of the HOA shall include but not be limited to; Own,rr_ roperty, improvements, reads, water mains, wells and related equipment and water rights deeded to Ott by CEW and AGA; maintenance of a.•oadg, snow removal, milluttuance and operation of the water system, payment of taxes and other bills related to its operations, providing insurance as necessary and levying assessments on lot nwnc�,rs for services provided in a uniform manner and without profJ.t- Assessments shall be payable annually and determined on the basis of a yearly budget and small emergency reserve. Upon formation of the BOA C! CEW and AGW shall deed thereto: tracts A, B, , all roads and cul-de-:,acs as shown on the plat of Black Birch Estates, all water mains, welle and equipment and one-half cubic If feet per second of time c { adJudicated water from the Tagert Ditch. any lot owner fails the liO40A 5i�$I1 have to pay assessments levied by the BOA, then the a lien against the lot of the said owner for the amount due and unpaid, Plus Interest on the plus coats and expenses of collecting, Of failure tbalance at S% per anaum by recording notice Of Pitkirs Co pay in the Office of the County Cleric and Recorder ounty, Colorado. The lien may be foreclosed in the same manner as a deed of trust in the State of Colorado. In addition to other legal remedies for non-payment of assessments, any services provided by the HOA may be discontinued until hall Assessments assess have been paid. Prior to the formation of the the he sesCEW and AG Shull provide road maintenance, snore removal, water supply and water line maintenance for a owner and CEW and AGX- nominal sun agreed upon by the lot ment this In Ri t)iesrs whereof, the owners have exb% uted L 7_"may of - Nu LA_ ,N.. , 1967. this ibatru- X.E _ STATE OF CoLOROO) nn yr 'S County o[ pitkin ) ss thish'e foregoing instrument was acknowledged before me , 1 dny of June, 1967 by Charles E. Worth rth and Ann G. iltntea .MY hand and official seal, o ary ArLAULIC Ry commission expires:' . - Stewart Title'o Aspen Jul•19. 2005 2:44PM . tN COTE & EDWARDS PC No�9369 P. 7 1st flwu,�twi w,i --.— J u I - 19. 2005 ' 2 : 44PM I i N COTE & EDWARDS PC �� � '1',�:�r��y�'t, •►.'.t..if��:.i`sly►x�FfT,t�irt 1t�4tl�s '�t- u:,iq, 1p:la Ric T95.�74 ter: B Pr M 1�klvin Davks, PitFtft Cnty Clorl;, Dom IF.•j,% MOT AMENDNENT TO PROTXCTXVB COVSKANTs VCR BLACK NXRCM liTATIs This First Aaendse.LLto Protective Covenants for Black Hirsh Estates is made this day of January, 1-192 by the Black birch Estates Homeowners, Assoc ation, a Colorado non-profit corporation (the "A$anciation"). WHEREAS, Article XIv of the $sWtestive Covenants provides that the Protective Covenants way be amended by the written consent of the record owners of eighty percent (m) of the lotat and 3 WFIM EAs, the Asaociatic•n desires to amend the plat of black 9irGh Estates recorded in Ao it 7 at Page 244 of tho real estate racorda or Pitkin County, Colorado (the "plat"), to add the R. Q. Andaman Tract lying south and west of Lat 1p, slack Birch Estates and WHERNks- Article X1 of the Prcteetiv�-- Covenants prohibits the modification of lot boundaries other than as shown on the plat by the addition of adjacent property to an existing platted lot; and WHEREAS, the Association desires to amend Article II of the Protective covemrkta to accommodate the addition at the R. o, Anderson Tract conaisting of approx1meLtely 1.017 acres to Lot 10 by amendment of tha Plat. NOW, THEREFORE, the Association does hereby amend the Protective Covenants Rs follows: 1. Article I1 is deleted in its entirety and the following language is substituted therefor an follows: "A lot may lie subdivided or made into a lot with sl boundariem other than as shown an said plat of Black Birch tatataa upon the written consent or eighty percent (801) of the record lot aimers and tha filing of a plat amendment in the real estate records of Pitkin county, • Colorado, in accordance with the Aspm% Land Use code. In l addition, adjoining propert! owners may relocate common lot lines by buying or nelling property from each ather, provid'nnqq that (i such males will not violate any i restrLtiona contained herein or any zoning regulations of the City of Aspen, (ii) the relocated lot dine shall be the line used for setbacks, and (Ili) the raaultad lot shall thereafter he treated for all purposes as a single lot. Cal.tiquoga lots under single fmmily ownership may be treated as a single lot regarding setbacks -and said Owner MY build across Interior platted lot lines. whe filing of an amended plat to reflect any relocated lot linen in accordance herewith shall be at the sole cost Nc 4 'Ju1-19. 2005- 2:44PM jN COTE & EDWARDS PC G , 1 1 'Ux j v . •gyp .�j'�3,�;! ' • �,`�{'�,#�y• � � ". !~:!P fr.,, F9Ci.i��:, ni 64Q!'G 216 Silax� bavts, in Cnty 171ve1.r and expense or the lot owner or owners affecting any ouch lot lino adiustl5ent or relocation." 2. The provisions of thin amndvent shall he in addition and 6upplameAkal to the provisions contained in the Protective Covenants recard*d in BOOR Z37 at page 452 ae Reception Ho. 127139 of the real 4atate records of Pitxin County, Colorado, and shall and do, in all other rasgects ratify the samrs, IN WITNESS MIEREOF, thin First Amendment to Protective covendnta for Slack Birch restates waa ado tad pursuant to the written convent of the record owners pf � percent (�I) Of the lots in Black Birch 6atatas, cape o whieh consents are attached hereto. drAcplblkbrsA.re. 4 a1a nGerA1jjF=r es de t Oi the Black 0 clistates 1loseownets' has ciatinr. Fel x Foglfpno, Secretary of Black bircWEatstes Homeowners, Association No-9369�P. 9 „_Sep, S. 2005 8,31AM KLEIN COTE & EDWARDS PC No 0038 P, 2 _ BY-LAWS or BLACK BIRCH ESTkTES HOMEOWNr RS ASSOCIATION, INC. ARTICLE I NM4BERSHIP AM VOTING RIGHTS section 1. owners-Hembers: Membership in this Association shall be as set farth in the Declaration of Protec- tive Covenants for Black Birch Estates Subdivision as recorded in the records of the Clerk and Recorder of Pitkin County, Colorado, and in the articles of Incorporation for tills corporation. Section 2. Ric:nt 4o "rote: Members snail have such sot;Lna rights as provided _n ' - , .'... .,_ . the Ar ti- Gles oI incorporat-•c -for this corporation. C%"C t' an 3. � � yes: voting bypronzy is prrvidcd that all [.�Ci 1eS shall heill&d_ WZCh the -rreta y the Association at :east 48 hours prior to the tl.me of any tx�eeting . section 4, uo:;:L -, A, majority of the members entitled to vote shall constitute a claorum for the transaction of any busi- ;less of the Association, including the election of Directors. Section 5 . Adam tion of Resolution: it shad require a vote of not. less than the majority of me members present at a meeting in person or by pro ty to adopt a resoiuticn presentee a4 a membership meatinng adoption. i-J.SSILia� .. f•:E:sB��aiixP r:,E�,=F�tG Sewtioa I. ZL^:aai 147e'ar-iIIa The annual meetings o—f tii? members of the Asscc:La4i.on siaall be held on the 30*” of �aayaru of each year, commencing with. the year, 198h_, . or on such ._)ttier date and at such tine and place as may be fixed by the Board of Directors. L,. Section 2. Special Meetings: Special meetings of meenbers of t:he association may be called by the President, oL by cesolu• tion of the Board cf Directors of the Association, or upon a petition signed by net less =izan 25% of the members entitled to vote, the same having been presented to the Secretar_r. A notice of any special meeting shall state the time and Place of the meeting and the purpose thereof. No business shall be transacted at any special meeting except as stated in such notice. #27D39 -I- Sep. 8. 2005 8:31AM KLEIN COTE & EDWARDS PC No•0038 P- 3 Section 3. Place of Meeting: Meetings, both regular and special, of the membership shall be held at such suitable place .within Pitkin County, Colorado, as may be designated by the Board of Directors of the Association. section 4. Notice of_Meeting: Notice of the annual meeting of members of the Association, setting forth the place, date and time of such meeting, shall be mailed to members entitled to vote at least fifteen (15) days prior to the date fixed for such meeting. Notices of special meetings, shall be given, to members " entitled to vote at 'Least five (5) days prior to such meeting. All such notices shall be mailed by the Secretary of the Associa- tion, postage prepaid; and addressed to the member entitled to vote at his last known address shown on the records of the Association. Notice of any meetings as above provided shall be provided to any homer of a first mortgage on a Lot within the Subdivision upon the Association receiving a written request from such first mortgagee to receive all such notice. Section 5. Adjourned Meetings: If any ineering of the :'El M.bers cannot be ccrduc _e Loy- !Ack of a quorum at sa_d meeting, ,ithe]: in person or 1]_, pro_.y7 the presiden= may adiourn the meeting to a later Gale no t more than ten ( lv ? Mays from the time of the original meet;6ng. Section 6. order of Business: The order of business at the annual meeting of members shajl be as Follows: a) Roll call of members present entitled to vote b) Inspection and verification of proxies c) Reading of minutes of the proceeding annual meeting d) Report of officers e ) s'r asidenc- 'ce- z t f) Committee _enores g) Election of mem"-ma -s of the Board of D4jXaotors i:) Unfinished business i) New business ARTICLE III BOARD OF DIRECTORS Section 1. Number and Qualifications: The affairs and business of the Association shall be conducted by a Board of Directors consisting of not less than three nor more than five members who shall be elected at the annual meeting by members of #27D39 -2- Sep. 8. 2005 8:31AM KLEIN COTE & EDWARDS PC No•0038 P. 4 the Association. M.embers of the Board shall serve until their successors are duly elected and qualified. Section 2. Election and Term of office: At annual meetings of the membership of the Association to be held'as herein provid- ed, the terms of office of the Directors may be fixed for such period of time as the membership may determine and such terms may be staggered, that'is to say, various members may be elected for terms of different lengths so that there will be a carryover of old Directors at each annual meeting and only new Directors will be designated thereafter, provided that nothing herein contained shall prevent the election of a Director whose terms has expired to a new term as sucks Director. Section 3. Vacancies: Vacancies in the membership of the Board of Directors caUzed for any reason other than if%e removal of a Director by a vote of the membership as herein permitted sha..i be filled by a vote of a majority of the remaining Direc- cors even though they may constitute less than a quorl:~;; and each Verson so elected .s hall be Di recror a.ntil his s:_zcesscr _s elected at the ne::* annual t-neering of the t�e:n;re. ship . Section 4. Removal of Directors: A Director may be removed As such at any regular or special meeting duly ca l.ed, with or without cause, by a vote of a majority of the members entitled to vote, and a successor may then and there be elected to fill the vacancy thus created: The term of office-Qf any director ahall be declared vacant when such Director ceases to be a member of the Association by reason of the transfer of his ownership of a lot. Section 3. Compensation: Directors shall not be paid any compensation for their servic�ts performed as such Directors un],ess a resolution authorizing such remuneration sha..l have been adorlteed by the soa2.d ::z: :ae '?d may h%� a:ei �lbursad fur actual 4 ;i�� 5� ; _�; L:!" �'�.' _i _ t n.riec- .... :'+y ittl tt?eii duty as Directors. S: Ction 6. organization 7.leatinG Wi :hin a pe,'ic:, of ninety ( 9G ) days following the =:.ection oaf newly electe:i Board of Directors, an organization m4etirig of the Directors sh+ii be held at a time and place fixed; by the Directors, at wh::ch meeting officers of the Association shall be elected as provided for in Article 14 hereof. Section 7. Reou.iar Meetin s: Regular meetings of the Board of Directors shall be held at such time and place as shall be determined from time to 4ime by the President of the association or by a majority of its Board of Directors setting forth the place, date and time of such meeting, shall be giver, each Direc- tor personally or by mail, telephone or telegraph, at least three (3) days prior to such meeting- 027D39 -3- Sep. 8. 2005 8:31AM KLEIN COTE & EDWARDS PC No•0038 P. 5 Section 8. Special Meetings: special meetings of tiae Board of Directors may be called by the President or Secretary on 48 .hours notice to each Director given personally, by mail, tele- phone or telegraph, which notice shall state the date, time and place of the meeting and the purpose thereof. Section 9. Waiver of Notices Before or at any meeting of the Board of Otrectors, any director may, in writing, waive notice of such meeting and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Director at any meeting of the Hoard shall be a waiver of notice by him of the time and place thereof. If all the Directors are present at a meeting of the Board, no notice shall be required and any busi- ness may be transacted at such meeting. Presence may be by telephone communication, in such a manner as all directors present may hear and speak with each other. Section iQ. ucrum: N' majority of the Board of Directors -hen in office szali constitute a quorum for transaYt=on of any :-)usiness of the Association, and the act of a ma aY_t%, of the Directors present ac a ;sae__: g at which tine a auQrur was present Shay ! be the act of the Board of Diracto,rs. if at a:-:-: meeting of 7.iie Board of Di*-ectn s tslere is less than a quorum _-resent, the ,:a jority of thcse present -may adjoarn the meeting to a later -late. At any adjournWd ,meeting at which a quorum is present any business that might have been transacted at the meeting as originally called may be transacted without further notice. Section 11. Duties: The Board of Directors shall carry on the duties and manage the affairs of the Association pursuant to Incorporation of the corporation. Section 12. indemnification: The members of the Board of Directors skull not be liable to the members of the rssociation for any mistake of iudgment, negligence, or otherwise, except in .he a��eat of «ilia__ or final€easance. 'I1..e is -jhali=1de►ila2if % i .: -- sGCiatic.s a lG v iC p a av ^ �''= 3 C-f the, 30a;d of Directors _ 'r:.�.ess cix •�r �.:�.e rci�,..r. - rectors against 2, i contractual ii abijl t, es _o Cicrig cut of conra:aG!:s :nada by Pile Scarf, of �ilrectcrs :.,n behal 4a1+3 .-asociation and its fii�''I_ ers, a:id in .'.orL.1 Performed pursuant -o � ha L, lcla 3 tion, un'ess ji.ic, Di rsc'tot or Directors are adjudged guilty of willful misconduct or mal.fea- aance in the perfornlarce of zhe.ir duties as Directoxs_ ARTICLE Iv �--� bFFZ Cr,RS Section 1. Desianaticn; The principal offices of the Association shall be a ziesident, vice President, Secretary and Treasurer, all of whom shall be elected by the Board of Direc- tors. The officers cr the Association may be combined, except that the President ar'cd Secretiary shall not be the same person. Other officers or agents may be appointed or elected by the Board of Directors from dine to time. #27D39 -4- Sep. 8. 2005 8:32AM KLEIN COTE & EDWARDS PC No-0038 P. 6 M section 2. Election of Officers: The officers shall be elected annually by the Board of Directors at the organization "meeting of each new Board and shall hold office at the pleasure of the Board of Directors. Section 3. Removal of Officers: Upon an' affirmative vote of a majority of the members of the Board of Directors, any officer may be removed, either with or without cause, and his successor elected at any regular meeting of the Board'of Direc- tors or at any special meeting of the Board called for such purpose. section 4. President: The President shalt, be the chief executive officer of the Association. He shall preside at all meetings of the Association and of the Board of Directors. He shall have all of the general powers and duties which are usually rested in the office of the President, including, but not limited to, the power to appoint committees from among the ounars from time to time as he may in his discretion decide is appropriate to assist in the conduct of the affairs of the Association. Section 5. 'rice President; The v ce President shall ta�a the place of the President and perform his duties a henever the President shall be absent or unable to act. If neither the President nor the Vice Fresident shall be able to act, the Beard of Directors shall appoint some other member of the Board to do so on an interim basis. The Vice President shall also perform such other duties as shall from time to time be imposed upon him by the Board of Directors. Section &. secretary: The secretary shall have the respon- sibility for keeping the minutes of all Meetings of the Board of Directors and the Association and such correspondence as shall be necessary and such other duties" as shall from time to time be imposed on him by the Board of Directors. Section 7. Treasurer: The Treasurer shall have the respon- sibility for Association funds and securities and silall be :.esbonsibie for keeping full and accurate accounts of all re- �;aipts and disbursements of the ;association, and deposit its .funds la such depositaries as may from time to time ce designated by tiie Board of Directors. section 8. Indemnification: officers of the association shall be indemnified for any act they may perform upon behalf of the Association in the same manner herein provided for indemnifi- Cation of members of the Board of Directors. ARTICLE °y RULZS AND REGULATIONS The Board of Directors may, from time to time, promulgate rules and regulations consistent with and in furtherance of the Declaration and the Articles and the By -Laws of the Association. #27D39 ��_ .. Sev 8. 2005 8:32AM KLEIN COTE & EDWARDS PC No•0038 P. 7 ARTICLE VI ASSESSMENTS Section 1. Lea of Assessments: Each member of the corpo- ration shall be subject to an annual prorata assessment for the maintenance and operating expenses of the corporation including the payment of the'debts of the corporation and interest thereon and for the cost of extensions, additions and improvements to common areas, common elements, raw water systems, road mainte- nance and all other property owned or acquired by the corporation as well as all other expenses of the corporation. In addition to the general assessments stated above, Lots 7-18 of the Subdivi- sion shall be subject to an annual. (and where necessary interim) assessment for the ownership, maintenance, replacement and operation of the Tagert Ditch structure and the priorities for the use of water thereof (hereinafter "ditch assessment"). it is the intent hereof to equally assess all Lots which are now (Lots 7-18, inclusive) receiving a benefit from such water structure; in the event the association utilizes the structure or water rights for any common area irrigation or use, the Association shall apportion an Mount equal to the ditch assessment for each of the tots specially assessed and shall then pass such assess- ment on to all Lot owners as a portion of the general assessment. .In the event the ditch structure or water rights are sought to be improved, expanded, modified or otherwise changed which results in any Lot now subject to ditch assessments not being able to enjoy in the benefits of said structure or water rights, that Lot shall, by written recorded instrument, be -released from further ditch assessments; conversely, in the event any lot not presently able to enjoy the benefits of said structure or water rights becomes able to enjoy such through any improvements, modifica- tion, enlargement or change Of the ditch or water rights, that Lot(s) shall then be subject to ditch assessments. The amount of such annual general assessment and/or ditch assessment shall be determined by a vote of the members of the corporation at their annual meeting. The members of the corporation shall have the ewer ac any special ►meeting of t1le members called sor that pi4rpose to levy additional assessments necessary co meet the obligations of the corporationi. s.he Board of Directors may by resolution establish rules and regulations c_oncernirq the opera- 'Ci.on of any particular aspect of the corporation, including ra°rf water system, common recreational elements, etc., and eras provide such initiation assessments, monthly assessments, and other matters as the Board of Directors deems appropriate. Any funds or revenues derived from Association fees or assessments in `�. excess of a fiscal year's expenses may be carried over and applied to the next succeeding year or years dues and gees as the Board of Directors deems necessary or advisable. Section 2. Enforcement: The members when levying any assessment shall fix the date at which the assessment shall be due and payable. Any such assessment shall become delinquent thirty (30) days after the date so fixed and thereafter such assessment shall bear interest at the rate of 18% per annum until #27D39 -6- Sep, 8. 2005 8:324 KLEIN COTE & EDWARDS PC No-0038 P. 8 PEA paid. Members who are in arrears in the payment of any assess- ment (annual, monthly, or special) shall not receive, nor be entitled to receive any service for which the assessment is due, including but not 'Limited to raw water service. All past due assessments shall be and become a lien against all real property owned by the delinquent member, and the corporation shall have the right to institute foreclosure proceedings or, prosecute a civil action against any delinquent member to recover the amount of any assessment which is delinquent, together with interest thereon, costs, and reasonable attorney's fees. ARTICLE V11 BOOKS AND RECORDS INSPECTION Section 1. Books and Records: The Board of Directors shall cause to be maintained at the principal office Of the Association complete books of account of the affairs of the Association. Section 2. inscection: Such hooks of account shall be open to inspection upon rye written demand of any member or holder of a first Mortgage or znv Lot, for a purpose reasonably related to -pis interest as suc wrier or mortgagee and shall be exhibited to such owner or mortgagee at any reasonable time upon reasonable request made to the Board of Directors. Such inspection by any owner or mortgagee :may be made in person, or by his agent yr his attorney, and the right or inspection includes the right to snake extracts and perform audits. All of the foregoing shall be at the expense of the owner or mortgagee requesting such inspection. Requests for inspection shall be made in writing, directed to the President or Secretary or to the Board of Directors. ARTICLE V111 SZAL The Board of Z:i_-a:tcrs shall provide a coxpora*e seal which shall be circular 'Lft form and shag ilave inscribed thereon the flame of the tissocia-i;:n and the State of incorporation and the word, ''Seal'' . ARTICLE Ili �•TLIy'DML�i T These By -saws may be amended by a majority vote of the Board of Directors at ar.;f �Zegular meeting or at any special meeting called for such PUVOOsa, The notice of the meeting to amend the By -Laws shall sparsfy the amendment in such notice. No By -Laws shall. be amended nor shall supplemental By -Laws be added hereto which shall be in conflict with the statutes of the State of Colorado or the conditions, provision and terms of the Declara- tion of the Articles of .incorporation of the corporation. #27D39 -7- Sep. 8. 2005 8:32AM KLEIN COTE & EDWARDS PC No-0038 P. 9 The foregoing By -Laws were duly adopted at a meeting of the Board of Directors held the {{TM day of lgg ; Luk rf resides ATTEST: Sec reta y 427D35 -8- § 7-504 ASPEN CODE 4. The development does not fall outside of an approved building envelope, if one has been designated through a prior review; and 5. The development is located completely outside of the special flood hazard area and more than one hundred (100) feet measured horizontally, from the high water line of the Roaring Fork River and its tributary streams or the expansion, remodeling or reconstruction will cause no increase to the amount of ground coverage of structures within the special flood hazard area. C. Stream margin review standards. No development shall be permitted within the flood. way, with the exception of bridges or structures for irrigation, drainage, flood control or water diversion, which may be permitted by the city engineer, provided plans and specifications are provided demonstrating the structure is engineered to prevent blockage of drainage channels during peak flows and the commission determines the proposed structure complies, to the extent practical, with all the standards set forth below. No development shall be permitted within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams, or within the special flood hazard area where it extends beyond one hundred (100) feet from the high water line of the Roaring Fork River and its tributary streams, unless the commission makes a determi- nation that the proposed development complies with all the standards set forth below. 1. It can be demonstrated that any proposed development which is in the special flood hazard area will not increase the base flood elevation on the parcel proposed for development. This shall be demonstrated by an engineering study prepared by a professional engineer registered to practice in the State of Colorado which shows that the base flood elevation will not be raised, including, but not limited to, proposing mitigation techniques on or off -site which compensate for any base flood elevation increase caused by the development. 2. Any trail on the parcel designated on the Aspen Area Comprehensive Plan: Parks/Recreation/Open Space/Trails Plan map is dedicated for public use. 3. The recommendations of the Roaring Fork Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable. 4. No vegetation is removed or slope grade changes made that produce erosion and sedimentation of the stream bank. 5. To the greatest extent practicable, the proposed development reduces pollution and interference with the natural changes of the river, stream or other tributary. 6. Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of a watercourse, and a copy of said notice is submitted to the Federal Emergency Management Agency. 7. A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished. Supp. No. 1 1704 LAND USE REGULATIONS § 7-505 8. Copies are provided of all necessary federal and state permits relating to work within the one -hundred -year floodplain. (Ord. No. 6-1989, § 9) Sec. 7-505. Mountain view plane review. A. Applicability. The provisions of mountain view plane review shall apply to all devel- opment located within the following established mountain view planes, unless exempted pursuant to Section 7-505B. 1. Glory Hole Park View Plane. There is hereby established a view plane originating from Glory Hole Park above which plane no land use or building shall project. The reference point bears N. 19' 06' 00" W. a distance of 919.85 feet from Corner 1 of the Aspen Townsite, a 1954 BLM brass cap; the reference base line bears N. 55` 04' 05" E. a distance of 73.00 feet from the reference point. Elevation is 7,947.55* feet above sea level. The view plane consists of two (2) spatial components more particularly described as follows: a. All that space which is within the projection of a sector of 9° 54, 00" described by two (2) radial lines which bears S. 44° 49' 55" E. and S. 34' 55' 55" E. respec. tively from the reference point, and which is also above the view plane which passes through the reference base line at the inclination of 3° 30' above horizontal. b. All that area within the projection of the following described perimeter and which is also above the view plane which passes through the reference base line at an inclination of 3° 30' above horizontal. The perimeter is more fully de- scribed as follows: Beginning at the reference point, thence N. 55° 04' 05" E. a distance of 73.00 feet along the reference base line; thence S. 34' 55' 55" E. a distance of 418.27 feet to a point on the northerly radial line of the view sector; thence N. 44' 49' 55" W. along said radial line a distance of 424.59 feet to the reference point. 2. Wagner Park View Plane. There is hereby established a view plane originating in the north central part of Wagner Park above which plane no land use or building shall project. The reference point bears N. 58' 03' 11" E. 198.65 feet from the northwest- erly corner of Block 83, Original Aspen Townsite; elevation of the reference point is 7,919.73 feet above mean sea level. The view plane consists of a sector component more particularly described as follows: All that space which is within the projection of a sector of 90 46' 18" described by two (2) radial lines which bear S. 36' 05' 49" E. and S. 45 ° 52' 07" E. respectively from the reference point and above a plane which passes through the reference point at an inclination of 3° 39' 10" above the horizontal. 3. Cooper Avenue View Plane. There is hereby established a view plane originating on the northerly side of Cooper Avenue easterly of Galena Street above which plane no land use or building shall project. The reference point bears N. 75' 41' 62" E. 147.78 *All elevations used in this section are based on the U.S. Coast and Geodetic Survey (USC & GS) benchmark located in the southwesterly corner of the Pitkin County Court House foundation at an elevation of 7,906.80 feet above mean sea level. Supp. No. 1 1705 26.68.030 tv 10. Adequate ingress and egress is available to the proposed development so as to ensure adequate access for fire protection and snow removal equipment. 11. Any trail on the parcel designated on the Aspen Area Comprehensive Plan: Parks/Recreation/Open Space/Trails Plan map is dedicated for public use. Provide access to natural resources and areas of special interest to the community. (Ord. No. 22-1995, § 11: Code 1971, § 7-503) VA 26.68.040 Stream margin. A. No development shall be permitted within the floodway, with the exception of bridges or structures for irrigation, drainage, flood control or water diversion, which may be permitted by the City Engineer, provided plans and specifications are submitted to demonstrate that the structure is engineered to prevent blockage of drainage channels during peak flows and the Commission determines the proposed structure complies, to the Al extent practical, with all the standards set forth below. B. No development shall be permitted within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams, or within the Special Flood Hazard Area where it extends beyond one hundred (100) feet from the high water Iine of the Roaring Fork River and its tributary streams, unless the Commission makes a determination that the proposed development complies with all the standards set forth below: 1. It can be demonstrated that any proposed development which is in the Special Flood Hazard Area will not increase the base flood elevation on the parcel proposed for development. This shall be demonstrated by an engineeren stud prepared by a professional engineer registered to practice in the State of Colorado which shows that the base flood elevation will not be raised, including, but not limited to, proposing mitigation techniques on or off -site which compensate for any base flood elevation increase caused by the development; and 2. Any trail on the parcel designated on the Aspen Area Community Plan, Parks/Recreation/Open Space/Trails Plan map, or areas of historic public use or access are dedicated via a recorded easement for public use. Dedications are necessitated by development's increased impacts to the City's recreation and trail facilities including public fishing access; and 3. The recommendations of the Roaring Fork River Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable; and 4. There is no vegetation removed or damaged or slope grade changes (cut or fill) made outside of a specifically defined building envelope. A building envelope shall be designated by this review and said envelope shall be barricaded prior to issuance of any demolition, excavation or building permits. The barricades shall remain in place until the issuance of Certificates of Occupancy; and 5. The proposed development does not pollute or interfere with the natural changes of the river, stream or other tributary, including erosion and/or sedimentation during construction. Increased on -site drainage shall be accommodated within the parcel to prevent entry into the river or onto its banks. Pools or hot tubs cannot be drained outside of the designated building envelope; and 6. Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of a water course, and a copy of said notice is submitted to the Federal Emergency Management Agency; and 7. A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished; and 8. Copies are provided of all necessary federal and state permits relating to work within the one -hundred - year floodplain; and 597 {Aspen V97) MONO 9, There Is no development other Own approved nntivo vegetation planting taking place below the top of slope or within 1111oen (15) feat of the lop of slopa or the ]tigh waterline, whichever IN most restrietivo, This is an effort to protect the existing riparian vegetation ant] hank stablllty. if any development Is essential within this area, it may only be approved by special review pursuant to Section 26,64.040(D) (reftar to 17Igure "A" below for illustrative purposes); and 10. All development outside the fifteen (15) foot setback from the top of siopa does not exceed a height delineated by a lino drawn at a forty-five (45) degree angle from ground level at the top of slope. Efelght shall be measured and dotermined by the Zoning Officer utilizing that definition sat forth at Section 26,04,100 (rater to Figure "A" below for illustrative purposes); and 11. A landscape plan is submitted with all development applications, Such plan shall limit new plantings (including trees, shrubs, flowers, and grasses) outside of the designated building envelope on the river side to native riparian vegetation; and 12. All exterior lighting is low and downcast with no light(s) directed toward the river or located down the slope; and 13. Site sections drawn by it registered architect, landscape architect, or engineer are submitted showing all existing and proposed site elements, the top of slope, and pertinent elevations above sea level; and 14, There has been accurate identification of wetlands and riparian zones. C. Exempdon. The expansion, remodeling, or reconstruction of an existing development shall be exempt from stream margin review if the following standards are met; 1. The development does not add more than ten (10) percent to the floor area of the existing structure or increase the amount of building area exempt from floor area calculations by more than twenty-five (25) percent; and 2. The development does not require the removal of any tree for which a permit would be required pursuant to Chapter 13.20 of this Code. 3. The development is located such that no portion of the expansion, remodeling or reconstruction will be any closer to the high water line than is the existing development; 4. The development does not fall outside of an approved building envelope if one has been designated through a prior review; and 5. The development is located outside of the of the special flood area and more than one hundred (100) feet measured horizontally from the mean high water line of the Roaring Fork River and its tributary streams, or the expansion, remodeling or reconstruction will cause no increase to the amount of ground coverage of structures within the special flood hazard area. (IG06�-.r (Aspen 3/97) 598 I O N c 0 m Q (O m N N O N O N U N 0 O d 3 W I Q I U W 2 N N U - - - -- ---------------------- ------------------- -' ----------------- -_ _-------- ----------- _ -"- _ =___=_=--- — _ __ , -- _--------- ---- ---------------- - - __-------------------------" --- _ ------------- `- ___ ---= - --- ---- a; ::--- = -- - ------------------------ -- - -- -- - _ _______ ==_ -- __ -- -_ - - --- -- = _- -- -- ---- - -- _ _ _ _ , -- ---- ------------------------------- `� --- - �= -- - ----- 5 _ _ z4 - _ -------- - ----_- -- - - - = - - -_ _ _ _ _ _1yc _ _ - " — - - _ ---------. - - _-- ----_ - — _ - - --- D __ - 8�� - - _ c4 - - -- - - - - =' - , , _ --- - . 1- �� _ - - - oo _ _= _ _ -===__ = = --- , • , , - ------- - -c r - -_ - _ — -------------- , _ --- . 779 - _-- ----- ��95.. _=_=== N,, © " PROPERTY LINE i; 100-YEAR WATER SURFACE DELINEATION EXISTING BUILDINGS 2 +00 , -- - -- s, o _ _ _ + -----------------` _ .Z 11k 10+00 9x +0076 o17 3+00 _14+ - S _- ------_----. -- +00 to - =� 5 2_ M 5 800 _ =__---_ ______ a ^? - --- -- CASTLE CREEK CENTERLINE04 --- 04 ---------------- -- ? =� - ---- __ �s_ N - F A 1 -YEAR FLOODPLAIN BOUNDARY Ir EM 00 - O -- - _ -= _ is .___ - ♦ - ---- _ _' �- =- ------ g _--- -` _ -- --- ;, - ---------------- �i - -- - - , , --- - ---- — S -- - = --- _ -- - - _ , --- - --- - - O - - Q -- -' , -- — — - - - - - - - " 7 N -- --- -- - -- - -------- 7845---- - - --- --- - _ - - - -' _ - ----- - - - --- --------------- _ ----------------------- _ _ ----- - , , „ , , , ---------------- _ , - — ------"-- - .6' , , , , , , „ ; , , , _ --- -i==== __ _ ------ --------------------- r, , _______ -------------------- --------------- ------------------- --------------- ---------------- --------------- 6X 11\ --------- 00 Graphic Scale 0 30 60 120 In Feet: 1" = 60' E O O O U N� U (O 4- C) oo E 70 U)o - 0 LO o-) OO O r — � r (D V z N O (o � � U U) z O U O LL O Z 0 O � Q > z 0 — J LJJ IZ iv 0 0 0 U *k N M O 0- Job No. 91009 Drawn by: RRS Print Date: 02/10/2022 QC: JP I PE: JS File: Castle Creek HEC-RAS Exhibit Client: Potamkin Residence Dwg No. Of: Potamkin Residence Castle Creek Floodplain Study February 2022 POTAMKIN RESIDENCE FLOODPLAIN REPORT 1 100 BLACK BIRCH ESTATES ASPEN, CO 81611 aK February 2022 Source: Pitkin County GIS Data Viewer PREPARED BY: RYAN STOWE, E.I. SGM Project # 91 009B-Pota m kin Residence UNDER THE SUPERVISION OF: JEVON POSTON, P.E. 15SGM 118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 970.945.5948 fax 6 Potamkin Residence Castle Creek Floodplain Study Potamkin Residence Castle Creek Floodplain Study February 2022 Potamkin Residence Castle Creek Floodplain Study i TABLE OF CONTENTS 1 INTRODUCTION 1 1.1 PURPOSE OF REPORT 1 1.2 SITE CONDITIONS 1 1.3 EXISTING STUDIES 2 2 HYDROLOGIC ANALYSIS 2 2.1 METHOD OF ANALYSIS 2 2.2 COMPUTED PEAK FLOW RATES 2 3 HYDRAULIC ANALYSIS 2 3.1 METHOD OF ANALYSIS 2 3.2 STEADY FLOW WATER SURFACE PROFILES 3 3.3 BASIC DATA REQUIREMENTS 4 3.3.1 Peak Flow Rates 4 3.3.2 Channel Geometry 4 3.3.3 Energy Loss Coefficients 5 3.4 COMPUTED RESULTS 5 4 REFERENCES 6 5 APPENDIX A – EXHIBITS 1 Exhibit 1: Vicinity Map 1 Exhibit 2: FEMA National Flood Hazard Layer FIRMette Map 1 Exhibit 3: Castle Creek Photo Exhibit 1 Exhibit 4: 100-year Water Surface Delineation 1 6 APPENDIX B – HYDRAULIC MODEL DATA 2 Potamkin Residence Castle Creek Floodplain Study February 2022 Potamkin Residence Castle Creek Floodplain Study 1 1 INTRODUCTION Castle Creek flows through the property of 1100 Black Birch Estates in Pitkin County Colorado, shown on the vicinity map in Appendix A. The 1.5-acre property is located in Aspen, Colorado, situated in the Black Birches Estates, lot 10, with the parcel number of 273501307017. A portion of this site is within the 100-year floodplain, Zone AE, based on FEMA Map Panel 08097C0354E dated August 15, 2019 for Pitkin County, Colorado. Figure 1 below, shows the extents of the floodplain in the vicinity of the property. The full FIRMette Map is attached to this report. Figure 1: Zoomed In FEMA FIRMette 1.1 PURPOSE OF REPORT The purpose of this report is to delineate the 100-year Floodplain in Castle Creek within the subject property to define the boundaries of the floodplain more accurately based on surveyed topography obtained. This will be accomplished with hydrologic and hydraulic modeling methods described in the following sections of this report. 1.2 SITE CONDITIONS The 1.5-acre property is currently developed with a residential single-family home with associated access and utility improvements including several outbuildings. Vegetation on site consists of native trees and grasses. All stormwater runoff from the site flows to Castle Creek in one of three ways. Potamkin Residence Castle Creek Floodplain Study February 2022 Potamkin Residence Castle Creek Floodplain Study 2 A. Overland flow directly to Castle Creek. B. Detained stormwater release to Castle Creek via an existing onsite dry well. C. Concentrated flow to Castle Creek via existing ditches and an existing 48” CMP pipe, located to the south of the residence. 1.3 EXISTING STUDIES This section of Castle Creek is in Zone AE, which is a studied section of the creek with modeled base flood elevations. A Flood Insurance Study (FIS#08097CV001B) was performed for Pitkin County and Incorporated Areas with an effective date of August 26, 2019, which did include Hydrologic data for Castle Creek approximately 500 feet downstream of the site at the mouth of Castle Creek. USGS gage data was analyzed to obtain peak flows at that location. 2 HYDROLOGIC ANALYSIS 2.1 METHOD OF ANALYSIS Per the approved FEMA Federal Insurance Study (FIS#08097CV001B) prepared for Pitkin County and Incorporated Area, with effective data of August 26, 2019, the hydrologic techniques used are fully documented in a separate report, “Hydrologic Report for the City of Aspen and Pitkin County (Unincorporated Areas)(Reference 6)”. In general, rainfall and snowmelt data from a large number of stream gaging stations were analyzed to obtain individual and regional statistical parameters of mean, standard deviation and skew for the two flow peak types. Using log-Pearson Type III distributions described in U.S. Water Resources Council Bulletin 17A (Reference 9), the discharge-frequency information was developed separately for the snow melt peaks and distributions were combined to obtain the overall peak discharge- frequency relationship for each stream within the study, including Castle Creek. 2.2 COMPUTED PEAK FLOW RATES Table 1: Peak flow results from FIS#08097CV001B Flooding Source and Location Drainage Area (square miles) Peak Discharges (cubic feet per second) 10-year 50-year 100-year 500-year Castle Creek (at Mouth) 72 850 1,100 1,300 1,800 3 HYDRAULIC ANALYSIS 3.1 METHOD OF ANALYSIS HEC-RAS computer program developed by the Hydrologic Engineering Center of the U.S. Army Corps of Engineers (USACE) was used in this analysis to compute water surface elevations for the section of the waterway within the site for the 100-year frequency storm event. HEC-RAS model output is included in Appendix B. The following sections describe the primary methodology and model input parameters used in this analysis. Potamkin Residence Castle Creek Floodplain Study February 2022 Potamkin Residence Castle Creek Floodplain Study 3 3.2 STEADY FLOW WATER SURFACE PROFILES HEC-RAS is designed to perform one-dimensional hydraulic calculations for a full network of natural and constructed channels. The component of the modeling system that is utilized in this analysis is intended for calculating water surface profiles for steady gradually varied flow. This basic computational procedure is based on the solution of the one-dimensional energy equation. Energy losses are evaluated by friction (Manning’s equation) and contraction/expansion (coefficient multiplied by the change in velocity head). The momentum equation is utilized in situations where the water surface profile is rapidly varied. The steady flow system is designed for application in floodplain management and flood studies to evaluate floodway encroachments. Water surface profiles are computed from one cross section to the next by solving the Energy equations with an iterative process called the standard step method. The Energy equation is written as follows: + + 2 = + + 2 + ℎ where, Z1, Z2 = elevation of the main channel inverts Y1, Y2 = depth of water at cross sections V1, V2 = average velocities (total discharge/total flow area) a1, a2 = velocity weighting coefficients g = gravitational acceleration he = energy head loss The energy head loss (he) between two cross sections is comprised of friction losses and contraction or expansion losses. The equation for the energy head loss is as follows: ℎ = ̅ + 2 − 2 where, L = discharge weighted reach length ̅ = representative friction slope between two sections C = expansion or contraction loss coefficient The unknown water surface elevation at a cross section is determined by an iterative solution of the two equations above. Whenever the water surface passes through critical depth, the energy equation is not considered to be application. The energy equation is only applicable for gradually varied flow situation, and the transition from subcritical to supercritical or supercritical to subcritical is rapidly varying flow situation. There are several instances where this can occur including significant changes in channel, slope, bridge constrictions, drop structures and weirs and stream junctions. In some of these cases empirical equations can be used, while at others it is necessary to apply the momentum equation in order to obtain an answer. Potamkin Residence Castle Creek Floodplain Study February 2022 Potamkin Residence Castle Creek Floodplain Study 4 The momentum equation is derived from Newton’s second law of motion: Force = Mass x Acceleration (change in momentum) = Applying Newton’s second law of motion to a body of water enclosed by two cross sections at locations 1 and 2, the following expressions for the change in momentum over a unit of time can be written: + + − = ∆ where, P1, P2 = Hydrostatic pressure force at locations 1 and 2 Wx = Force due to weight of water in the X direction Ff = Force due to external friction losses from 2 and 1 Q = Discharge = Density of water ∆ = Change in velocity from 2 to 1, in the X direction 3.3 BASIC DATA REQUIREMENTS The HEC-RAS program computes water surface elevations at all locations of interest for a given set of flow data. Steady flow data and geometric data are needed to perform these computations. 3.3.1 Peak Flow Rates The known peak flow rates were taken from the Pitkin County FIS as noted in the hydrologic report section above. The Castle Creek (at mouth) 100-year flow rate of 1,300 cfs was used over the entire reach for this analysis. 3.3.2 Channel Geometry Channel cross-section data used in the hydraulic model was taken from light detention and ranging (LIDAR) information provided by Pitkin County and survey information provided by Peak Surveying, Inc. Accuracy of the LiDAR data meets American Society for Photogrammetry & Remote Sensing (ASPRS) Class 1 standards for large scale maps which includes a 2’ contour interval. In addition, the HEC-RAS model used to generate the results for the FIS report, previously discussed, was used to provide additional geometry information upstream. Channel geometry for cross-sections upstream of station 11+57.61 are from the HEC-RAS model used to generate the results for the FIS report and were converted from NAVD29 to NAVD88 vertical datum to be consistent with survey and LiDAR data. The conversion factor for Castle Creek is discussed in the Flood Insurance Study (FIS#08097CV001B) performed for Pitkin County and Incorporated Areas with an effective date of August 26, 2019. Potamkin Residence Castle Creek Floodplain Study February 2022 Potamkin Residence Castle Creek Floodplain Study 5 3.3.3 Energy Loss Coefficients · Manning’s Roughness Coefficient (n) The value of Manning’s n is highly variable and depends on a number of factors including surface roughness, vegetation, channel irregularities, channel alignment, scour and deposition. There are several references a user can access that show Manning’s n values for typical channels. An extensive compilation of n values for streams and floodplains can be found in Chow’s book “Open-Channel Hydraulics” [Chow, 1959]. Excerpts from Chow’s book, for the most common types of channels are provided in Table 3-1 of the HEC-RAS Reference Manual. Manning’s “n” values used in the floodplain study included 0.045 for the channel and 0.085 for the overbanks. This is consistent with what was used in the previous floodplain study according to the 2019 FIS report. In addition, field observations are also consistent with typical manning’s values provided in Table 3-1 of the HEC-RAS Reference Manual. Appendix A includes photos of Castle Creek in the vicinity of the study area. · Contraction and Expansion Coefficients Contraction or expansion of flows due to changes in the cross section is a common cause of energy loss within a reach. Typical values for contraction and expansion coefficients for subcritical flow are provided in the HEC-RAS Reference Manual. For gradual transition such as what is typical throughout the section of the tributary that is modeled in this analysis, a contraction coefficient of 0.1 and an expansion coefficient of 0.3 are used. 3.4 COMPUTED RESULTS The HEC-RAS modeling run was conducted for sub-critical conditions. Computed results including water surface elevations within Castle Creek for the section within the limits of this study are provided in Appendix B. The following table summarizes these results: Table 2: HEC-RAS results Summary See Appendix A for an exhibit showing the 100-year water surface delineation mapped through the study area. Potamkin Residence Castle Creek Floodplain Study February 2022 Potamkin Residence Castle Creek Floodplain Study 6 4 REFERENCES Federal Emergency Management Agency, Federal Insurance Administration Flood Insurance Study, Pitkin County, Colorado and Incorporated Areas August 2019 US Army Corps of Engineers, Hydrologic Engineering Center (HEC) HEC-RAS River Analysis System - Hydraulic Reference Manual, Version 4.1 January 201 Potamkin Residence Castle Creek Floodplain Study February 2022 Potamkin Residence Castle Creek Floodplain Study 1 5 APPENDIX A – EXHIBITS Exhibit 1: Vicinity Map Exhibit 2: FEMA National Flood Hazard Layer FIRMette Map Exhibit 3: Castle Creek Photo Exhibit Exhibit 4: 100-year Water Surface Delineation Project: Potamkin Castle Creek Floodplain Study Vicinity Map Source: Pitkin County GIS Data Viewer National Flood Hazard Layer FIRMette 0 500 1,000 1,500 2,000250 Feet Ü SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT SPECIAL FLOOD HAZARD AREAS Without Base Flood Elevation (BFE) Zone A, V, A99 With BFE or DepthZone AE, AO, AH, VE, AR Regulatory Floodway 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mileZone X Future Conditions 1% Annual Chance Flood HazardZone X Area with Reduced Flood Risk due to Levee. See Notes.Zone X Area with Flood Risk due to LeveeZone D NO SCREEN Area of Minimal Flood Hazard Zone X Area of Undetermined Flood HazardZone D Channel, Culvert, or Storm Sewer Levee, Dike, or Floodwall Cross Sections with 1% Annual Chance 17.5 Water Surface Elevation Coastal Transect Coastal Transect Baseline Profile Baseline Hydrographic Feature Base Flood Elevation Line (BFE) Effective LOMRs Limit of Study Jurisdiction Boundary Digital Data Available No Digital Data Available Unmapped This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 1/6/2022 at 12:14 PM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. Legend OTHER AREAS OF FLOOD HAZARD OTHER AREAS GENERAL STRUCTURES OTHER FEATURES MAP PANELS 8 B 20.2 The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. 1:6,000 106°50'18"W 39°12'29"N 106°49'41"W 39°12'1"N Basemap: USGS National Map: Orthoimagery: Data refreshed October, 2020 Exhibit: Photos of Castle Creek in Vicinity of Study Area Date of Photos: 02/01/2022 O N c 0 m Q (O m N N O N O N U N 0 O d 3 W I Q I U W 2 N N U - - - -- ---------------------- ------------------- -' ----------------- -_ _-------- ----------- _ -"- _ =___=_=--- — _ __ , -- _--------- ---- ---------------- - - __-------------------------" --- _ ------------- `- ___ ---= - --- ---- a; ::--- = -- - ------------------------ -- - -- -- - _ _______ ==_ -- __ -- -_ - - --- -- = _- -- -- ---- - -- _ _ _ _ , -- ---- ------------------------------- `� --- - �= -- - ----- 5 _ _ z4 - _ -------- - ----_- -- - - - = - - -_ _ _ _ _ _1yc _ _ - " — - - _ ---------. - - _-- ----_ - — _ - - --- D __ - 8�� - - _ c4 - - -- - - - - =' - , , _ --- - . 1- �� _ - - - oo _ _= _ _ -===__ = = --- , • , , - ------- - -c r - -_ - _ — -------------- , _ --- . 779 - _-- ----- ��95.. _=_=== N,, © " PROPERTY LINE i; 100-YEAR WATER SURFACE DELINEATION EXISTING BUILDINGS 2 +00 , -- - -- s, o _ _ _ + -----------------` _ .Z 11k 10+00 9x +0076 o17 3+00 _14+ - S _- ------_----. -- +00 to - =� 5 2_ M 5 800 _ =__---_ ______ a ^? - --- -- CASTLE CREEK CENTERLINE04 --- 04 ---------------- -- ? =� - ---- __ �s_ N - F A 1 -YEAR FLOODPLAIN BOUNDARY Ir EM 00 - O -- - _ -= _ is .___ - ♦ - ---- _ _' �- =- ------ g _--- -` _ -- --- ;, - ---------------- �i - -- - - , , --- - ---- — S -- - = --- _ -- - - _ , --- - --- - - O - - Q -- -' , -- — — - - - - - - - " 7 N -- --- -- - -- - -------- 7845---- - - --- --- - _ - - - -' _ - ----- - - - --- --------------- _ ----------------------- _ _ ----- - , , „ , , , ---------------- _ , - — ------"-- - .6' , , , , , , „ ; , , , _ --- -i==== __ _ ------ --------------------- r, , _______ -------------------- --------------- ------------------- --------------- ---------------- --------------- 6X 11\ --------- 00 Graphic Scale 0 30 60 120 In Feet: 1" = 60' E O O O U N� U (O 4- C) oo E 70 U)o - 0 LO o-) OO O r — � r (D V z N O (o � � U U) z O U O LL O Z 0 O � Q > z 0 — J LJJ IZ iv 0 0 0 U *k N M O 0- Job No. 91009 Drawn by: RRS Print Date: 02/10/2022 QC: JP I PE: JS File: Castle Creek HEC-RAS Exhibit Client: Potamkin Residence Dwg No. Of: Potamkin Residence Castle Creek Floodplain Study February 2022 6 APPENDIX B – HYDRAULIC MODEL DATA Detailed Hydraulic Input and Output Model Data HEC-RAS Plan: Ex Plan River: Castle Creek Reach: MMrd-RoaringFork Profile: 100yr Reach River Sta Profile Q Total Min Ch El W.S. Elev Crit W.S. E.G. Elev E.G. Slope Vel Chnl Flow Area Top Width Froude # Chl (cfs) (ft) (ft) (ft) (ft) (ft/ft) (ft/s) (sq ft) (ft) MMrd-RoaringFork 2205 100yr 1300.00 7795.95 7799.21 7799.21 7800.00 0.016502 7.66 221.20 151.86 0.86 MMrd-RoaringFork 1856 100yr 1300.00 7788.22 7791.81 7791.63 7792.48 0.016463 6.57 197.89 111.29 0.87 MMrd-RoaringFork 1609 100yr 1300.00 7781.91 7786.47 7786.47 7787.88 0.020613 9.52 136.53 48.81 1.00 MMrd-RoaringFork 1321 100yr 1300.00 7774.95 7779.99 7780.52 0.009089 5.89 233.78 139.41 0.67 MMrd-RoaringFork 1157.61 100yr 1300.00 7773.79 7777.02 7777.02 7778.22 0.022793 8.79 147.87 62.45 1.01 MMrd-RoaringFork 1008.41 100yr 1300.00 7769.84 7772.52 7772.52 7773.49 0.020769 7.96 175.33 114.29 0.95 MMrd-RoaringFork 825.18 100yr 1300.00 7764.24 7768.34 7768.34 7769.00 0.027992 6.52 199.35 154.83 1.01 MMrd-RoaringFork 454.75 100yr 1300.00 7757.05 7760.30 7760.98 0.011407 6.62 196.50 75.28 0.72 MMrd-RoaringFork 283.60 100yr 1300.00 7753.13 7757.26 7757.26 7758.45 0.018986 8.90 166.85 89.02 0.93 Plan: Ex Plan Castle Creek MMrd-RoaringFork RS: 2205 Profile: 100yr E.G. Elev (ft) 7800.00 Element Left OB Channel Right OB Vel Head (ft) 0.79 Wt. n-Val. 0.070 0.045 0.065 W.S. Elev (ft) 7799.21 Reach Len. (ft) 306.87 349.27 220.60 Crit W.S. (ft) 7799.21 Flow Area (sq ft) 54.55 144.18 22.47 E.G. Slope (ft/ft) 0.016502 Area (sq ft) 54.55 144.18 22.47 Q Total (cfs) 1300.00 Flow (cfs) 136.46 1104.71 58.83 Top Width (ft) 151.86 Top Width (ft) 66.12 58.88 26.86 Vel Total (ft/s) 5.88 Avg. Vel. (ft/s) 2.50 7.66 2.62 Max Chl Dpth (ft) 3.26 Hydr. Depth (ft) 0.83 2.45 0.84 Conv. Total (cfs) 10119.9 Conv. (cfs) 1062.3 8599.7 458.0 Length Wtd. (ft) 344.13 Wetted Per. (ft) 66.85 59.39 26.96 Min Ch El (ft) 7795.95 Shear (lb/sq ft) 0.84 2.50 0.86 Alpha 1.47 Stream Power (lb/ft s) 2.10 19.16 2.25 Frctn Loss (ft) 5.67 Cum Volume (acre-ft) 0.33 7.81 0.12 C & E Loss (ft) 0.04 Cum SA (acres) 0.62 3.82 0.19 Plan: Ex Plan Castle Creek MMrd-RoaringFork RS: 1856 Profile: 100yr E.G. Elev (ft) 7792.48 Element Left OB Channel Right OB Vel Head (ft) 0.67 Wt. n-Val. 0.046 W.S. Elev (ft) 7791.81 Reach Len. (ft) 195.82 246.75 254.13 Crit W.S. (ft) 7791.63 Flow Area (sq ft) 197.89 E.G. Slope (ft/ft) 0.016463 Area (sq ft) 197.89 Q Total (cfs) 1300.00 Flow (cfs) 1300.00 Top Width (ft) 111.29 Top Width (ft) 111.29 Vel Total (ft/s) 6.57 Avg. Vel. (ft/s) 6.57 Max Chl Dpth (ft) 3.59 Hydr. Depth (ft) 1.78 Conv. Total (cfs) 10131.9 Conv. (cfs) 10131.9 Length Wtd. (ft) 246.75 Wetted Per. (ft) 112.02 Min Ch El (ft) 7788.22 Shear (lb/sq ft) 1.82 Alpha 1.00 Stream Power (lb/ft s) 11.93 Frctn Loss (ft) 4.53 Cum Volume (acre-ft) 0.14 6.44 0.06 C & E Loss (ft) 0.07 Cum SA (acres) 0.39 3.14 0.13 Plan: Ex Plan Castle Creek MMrd-RoaringFork RS: 1609 Profile: 100yr E.G. Elev (ft) 7787.88 Element Left OB Channel Right OB Vel Head (ft) 1.41 Wt. n-Val. 0.045 W.S. Elev (ft) 7786.47 Reach Len. (ft) 257.00 288.33 365.42 Crit W.S. (ft) 7786.47 Flow Area (sq ft) 136.53 E.G. Slope (ft/ft) 0.020613 Area (sq ft) 136.53 Q Total (cfs) 1300.00 Flow (cfs) 1300.00 Top Width (ft) 48.81 Top Width (ft) 48.81 Vel Total (ft/s) 9.52 Avg. Vel. (ft/s) 9.52 Max Chl Dpth (ft) 4.56 Hydr. Depth (ft) 2.80 Conv. Total (cfs) 9054.6 Conv. (cfs) 9054.6 Length Wtd. (ft) 288.54 Wetted Per. (ft) 51.50 Min Ch El (ft) 7781.91 Shear (lb/sq ft) 3.41 Alpha 1.00 Stream Power (lb/ft s) 32.48 Frctn Loss (ft) 3.79 Cum Volume (acre-ft) 0.14 5.49 0.06 C & E Loss (ft) 0.26 Cum SA (acres) 0.39 2.69 0.13 Plan: Ex Plan Castle Creek MMrd-RoaringFork RS: 1321 Profile: 100yr E.G. Elev (ft) 7780.52 Element Left OB Channel Right OB Vel Head (ft) 0.53 Wt. n-Val. 0.076 0.045 0.045 W.S. Elev (ft) 7779.99 Reach Len. (ft) 192.44 163.39 165.50 Crit W.S. (ft) Flow Area (sq ft) 11.13 217.20 5.45 E.G. Slope (ft/ft) 0.009089 Area (sq ft) 11.13 217.20 5.45 Q Total (cfs) 1300.00 Flow (cfs) 9.20 1280.06 10.74 Top Width (ft) 139.41 Top Width (ft) 37.91 90.54 10.96 Vel Total (ft/s) 5.56 Avg. Vel. (ft/s) 0.83 5.89 1.97 Max Chl Dpth (ft) 5.04 Hydr. Depth (ft) 0.29 2.40 0.50 Conv. Total (cfs) 13636.0 Conv. (cfs) 96.5 13426.8 112.7 Length Wtd. (ft) 163.50 Wetted Per. (ft) 37.98 91.62 11.00 Min Ch El (ft) 7774.95 Shear (lb/sq ft) 0.17 1.35 0.28 Alpha 1.11 Stream Power (lb/ft s) 0.14 7.93 0.55 Frctn Loss (ft) 2.23 Cum Volume (acre-ft) 0.11 4.32 0.04 C & E Loss (ft) 0.07 Cum SA (acres) 0.28 2.22 0.08 Plan: Ex Plan Castle Creek MMrd-RoaringFork RS: 1157.61 Profile: 100yr E.G. Elev (ft) 7778.22 Element Left OB Channel Right OB Vel Head (ft) 1.20 Wt. n-Val. 0.045 W.S. Elev (ft) 7777.02 Reach Len. (ft) 177.30 149.20 128.29 Crit W.S. (ft) 7777.02 Flow Area (sq ft) 147.87 E.G. Slope (ft/ft) 0.022793 Area (sq ft) 147.87 Q Total (cfs) 1300.00 Flow (cfs) 1300.00 Top Width (ft) 62.45 Top Width (ft) 62.45 Vel Total (ft/s) 8.79 Avg. Vel. (ft/s) 8.79 Max Chl Dpth (ft) 3.23 Hydr. Depth (ft) 2.37 Conv. Total (cfs) 8610.9 Conv. (cfs) 8610.9 Length Wtd. (ft) 149.17 Wetted Per. (ft) 63.13 Min Ch El (ft) 7773.79 Shear (lb/sq ft) 3.33 Alpha 1.00 Stream Power (lb/ft s) 29.30 Frctn Loss (ft) 3.24 Cum Volume (acre-ft) 0.08 3.63 0.03 C & E Loss (ft) 0.07 Cum SA (acres) 0.19 1.94 0.06 Plan: Ex Plan Castle Creek MMrd-RoaringFork RS: 1008.41 Profile: 100yr E.G. Elev (ft) 7773.49 Element Left OB Channel Right OB Vel Head (ft) 0.97 Wt. n-Val. 0.085 0.045 0.085 W.S. Elev (ft) 7772.52 Reach Len. (ft) 265.25 183.26 145.80 Crit W.S. (ft) 7772.52 Flow Area (sq ft) 5.99 161.02 8.32 E.G. Slope (ft/ft) 0.020769 Area (sq ft) 5.99 161.02 8.32 Q Total (cfs) 1300.00 Flow (cfs) 6.44 1281.38 12.19 Top Width (ft) 114.29 Top Width (ft) 21.51 74.03 18.75 Vel Total (ft/s) 7.41 Avg. Vel. (ft/s) 1.07 7.96 1.46 Max Chl Dpth (ft) 2.68 Hydr. Depth (ft) 0.28 2.18 0.44 Conv. Total (cfs) 9020.7 Conv. (cfs) 44.7 8891.5 84.6 Length Wtd. (ft) 183.33 Wetted Per. (ft) 21.52 74.46 18.78 Min Ch El (ft) 7769.84 Shear (lb/sq ft) 0.36 2.80 0.57 Alpha 1.14 Stream Power (lb/ft s) 0.39 22.31 0.84 Frctn Loss (ft) 4.06 Cum Volume (acre-ft) 0.07 3.10 0.01 C & E Loss (ft) 0.07 Cum SA (acres) 0.15 1.70 0.03 Plan: Ex Plan Castle Creek MMrd-RoaringFork RS: 825.18 Profile: 100yr E.G. Elev (ft) 7769.00 Element Left OB Channel Right OB Vel Head (ft) 0.66 Wt. n-Val. 0.045 W.S. Elev (ft) 7768.34 Reach Len. (ft) 190.80 370.40 518.05 Crit W.S. (ft) 7768.34 Flow Area (sq ft) 199.35 E.G. Slope (ft/ft) 0.027992 Area (sq ft) 199.35 Q Total (cfs) 1300.00 Flow (cfs) 1300.00 Top Width (ft) 154.83 Top Width (ft) 154.83 Vel Total (ft/s) 6.52 Avg. Vel. (ft/s) 6.52 Max Chl Dpth (ft) 4.10 Hydr. Depth (ft) 1.29 Conv. Total (cfs) 7770.1 Conv. (cfs) 7770.1 Length Wtd. (ft) 370.40 Wetted Per. (ft) 155.45 Min Ch El (ft) 7764.24 Shear (lb/sq ft) 2.24 Alpha 1.00 Stream Power (lb/ft s) 14.61 Frctn Loss (ft) 6.30 Cum Volume (acre-ft) 0.05 2.35 C & E Loss (ft) 0.00 Cum SA (acres) 0.08 1.22 Plan: Ex Plan Castle Creek MMrd-RoaringFork RS: 454.75 Profile: 100yr E.G. Elev (ft) 7760.98 Element Left OB Channel Right OB Vel Head (ft) 0.68 Wt. n-Val. 0.045 W.S. Elev (ft) 7760.30 Reach Len. (ft) 181.50 171.15 72.80 Crit W.S. (ft) Flow Area (sq ft) 196.50 E.G. Slope (ft/ft) 0.011407 Area (sq ft) 196.50 Q Total (cfs) 1300.00 Flow (cfs) 1300.00 Top Width (ft) 75.28 Top Width (ft) 75.28 Vel Total (ft/s) 6.62 Avg. Vel. (ft/s) 6.62 Max Chl Dpth (ft) 3.25 Hydr. Depth (ft) 2.61 Conv. Total (cfs) 12172.0 Conv. (cfs) 12172.0 Length Wtd. (ft) 171.34 Wetted Per. (ft) 76.48 Min Ch El (ft) 7757.05 Shear (lb/sq ft) 1.83 Alpha 1.00 Stream Power (lb/ft s) 12.10 Frctn Loss (ft) 2.48 Cum Volume (acre-ft) 0.05 0.66 C & E Loss (ft) 0.05 Cum SA (acres) 0.08 0.24 Plan: Ex Plan Castle Creek MMrd-RoaringFork RS: 283.60 Profile: 100yr E.G. Elev (ft) 7758.45 Element Left OB Channel Right OB Vel Head (ft) 1.19 Wt. n-Val. 0.085 0.045 W.S. Elev (ft) 7757.26 Reach Len. (ft) Crit W.S. (ft) 7757.26 Flow Area (sq ft) 26.06 140.79 E.G. Slope (ft/ft) 0.018986 Area (sq ft) 26.06 140.79 Q Total (cfs) 1300.00 Flow (cfs) 47.24 1252.76 Top Width (ft) 89.02 Top Width (ft) 39.91 49.11 Vel Total (ft/s) 7.79 Avg. Vel. (ft/s) 1.81 8.90 Max Chl Dpth (ft) 4.13 Hydr. Depth (ft) 0.65 2.87 Conv. Total (cfs) 9434.5 Conv. (cfs) 342.8 9091.7 Length Wtd. (ft) Wetted Per. (ft) 39.93 51.48 Min Ch El (ft) 7753.13 Shear (lb/sq ft) 0.77 3.24 Alpha 1.26 Stream Power (lb/ft s) 1.40 28.85 Frctn Loss (ft) Cum Volume (acre-ft) C & E Loss (ft) Cum SA (acres) 0 100 200 300 400 500 600 700 800 7795 7800 7805 7810 7815 7820 Castle_Creek Plan: Existing Conditions Plan 2/3/2022 River = Castle Creek Reach = MMrd-RoaringFork RS = 2205 Station (ft) El e v a t i o n ( f t ) Legend EG 100yr WS 100yr Crit 100yr Ground Bank Sta .085 . 0 4 5 .085 0 100 200 300 400 500 600 700 7785 7790 7795 7800 7805 7810 Castle_Creek Plan: Existing Conditions Plan 2/3/2022 River = Castle Creek Reach = MMrd-RoaringFork RS = 1856 Station (ft) El e v a t i o n ( f t ) Legend EG 100yr WS 100yr Crit 100yr Ground Bank Sta .085 .045 .085 0 100 200 300 400 500 600 7780 7785 7790 7795 7800 7805 Castle_Creek Plan: Existing Conditions Plan 2/3/2022 River = Castle Creek Reach = MMrd-RoaringFork RS = 1609 Station (ft) El e v a t i o n ( f t ) Legend EG 100yr WS 100yr Crit 100yr Ground Bank Sta .085 . 0 4 5 .085 0 100 200 300 400 500 7770 7775 7780 7785 7790 7795 7800 Castle_Creek Plan: Existing Conditions Plan 2/3/2022 River = Castle Creek Reach = MMrd-RoaringFork RS = 1321 Station (ft) El e v a t i o n ( f t ) Legend EG 100yr WS 100yr Ground Ineff Bank Sta .085 .045 . 0 4 5 . 0 8 5 . 0 8 5 0 100 200 300 400 500 7770 7775 7780 7785 7790 7795 7800 Castle_Creek Plan: Existing Conditions Plan 2/3/2022 River = Castle Creek Reach = MMrd-RoaringFork RS = 1157.61 Station (ft) El e v a t i o n ( f t ) Legend EG 100yr WS 100yr Crit 100yr Ground Bank Sta .085 .045 .085 0 100 200 300 400 500 600 7765 7770 7775 7780 7785 7790 7795 7800 7805 7810 Castle_Creek Plan: Existing Conditions Plan 2/3/2022 River = Castle Creek Reach = MMrd-RoaringFork RS = 1008.41 Station (ft) El e v a t i o n ( f t ) Legend EG 100yr WS 100yr Crit 100yr Ground Bank Sta .085 .045 .085 0 100 200 300 400 500 600 7760 7765 7770 7775 7780 7785 7790 7795 7800 7805 Castle_Creek Plan: Existing Conditions Plan 2/3/2022 River = Castle Creek Reach = MMrd-RoaringFork RS = 825.18 Station (ft) El e v a t i o n ( f t ) Legend EG 100yr WS 100yr Crit 100yr Ground Bank Sta .085 .045 . 0 8 5 0 100 200 300 400 500 600 7756 7758 7760 7762 7764 7766 7768 7770 Castle_Creek Plan: Existing Conditions Plan 2/3/2022 River = Castle Creek Reach = MMrd-RoaringFork RS = 454.75 Station (ft) El e v a t i o n ( f t ) Legend EG 100yr WS 100yr Ground Bank Sta .085 .045 .085 0 50 100 150 200 250 7753 7754 7755 7756 7757 7758 7759 7760 7761 Castle_Creek Plan: Existing Conditions Plan 2/3/2022 River = Castle Creek Reach = MMrd-RoaringFork RS = 283.60 Station (ft) El e v a t i o n ( f t ) Legend EG 100yr WS 100yr Crit 100yr Ground Bank Sta .085 .045 .085 0 500 1000 1500 2000 7750 7760 7770 7780 7790 7800 Castle_Creek Plan: Existing Conditions Plan 2/3/2022 Main Channel Distance (ft) El e v a t i o n ( f t ) Legend EG 100yr WS 100yr Crit 100yr Ground Castle Creek MMrd-RoaringFork STREAM MARGIN REVIEW PLAN LOT 10 BLACK BIRCH ESTATES PARCEL ID: 2735.013-7-017 PURPOSE The purpose of this Site Plan is to show the building envelope as established by the Community Development Director based upon the slope of determination approved by the Planning and Zoning Commission Special Review documented in Planning and Zoning Commission Resolution Series_____of 2023 GENERAL NOTES 1.Site development shall be in compliance with Planning and Zoning Commission Resolution Series of 2023. 2.The Survey base map and topography which appear on this Site Plan was prepared by Jason R. Neil, PLS 37935 on the Lot 10 Black Birch Estates Subdivision Existing Conditions Survey dated July 31st, 2023, submitted to the City of Aspen in the land use application dated 2023. 3.The top of slope on the plan has been delineated by Raul Passernini, PE, CFM, in conjunction with Hailey Guglielmo at the City of Aspen Engineering Department and is hereby approved by the Planning and Zoning Commission. 4.Structures to be located in the building envelope and outside setbacks. 5.The Building Envelope is to be delineated by the 15' setback from the top of the slope line and by the other Site Planning considerations. 6.Structures shall be located to conform to pertinent Front, Read and Side Yard setbacks. 7.Only existing improvements, existing landscaping, native landscape plantings and revegetation can occur between the 15' Setback from the top of slope and Castle Creek. 8.No lighting shall be directed toward the river. All lighting will comply with City of Aspen Lighting Standards. 9.The Pickleball Court will be relocated to be on Lot 10. COMMUNITY DEVELOPMENT DIRECTOR APPROVAL This Site Plan for lot 10 Black Birch Estates Subdivision has been reviewed by and approved by the City of Aspen Planning and Zoning Commission, this______day of________________, 2023. Owner's Acknowledgement Known to all present that the owners in fee simple of all property situated in Pitkin County, Colorado, shown hereon acknowledge the allowance and limitations of City of Aspen Planning and Zoning Commission referenced in Note 1. on this Plan. Executed this______day of________________, 2023. LPRP MILL, LLC, a Wyoming Limited Liability Company X______________________________________________ Manager, Robert Potamkin Clerk & Recorders Certificate This Site Plan was filed for record in the office of Clerk and Recorder of Pitkin County, on this _____day of ______________, 2023 and is duly recorded in Book ________, page________, Reception No. ________________. SITE N SURVEY LPRP MILL LLC S 0 7 ° 0 6 ' 1 8 " E 1 4 . 7 7 ' WOOD DECK W O O D B R I D G E STONE BRIDGE METAL GRATE (TYP.) MULTI-STORY WOOD & STONE FRAME HOUSE 1100 BLACK BIRCH DRIVE STONE BRIDGE S T O N E P A T H FLAGSTONE PATHS AND PATIO (TYP.) 2ND FLOOR FIREWOOD SHED S T O N E BENCH STONE WALL HIGH WATERLINE STONE WALK STONE WALK STONE BENCH STONE BENCH CO N C R E T E DR I V E W A Y C O N C R E T E D R I V E W A Y HW HW HW H W HW H W H W H W H W H W H W H W H W H W H W H W H W H W H W H W H W H W H W H W H W STONE WALL FIREPLACE 1 STORY SHED 2 STORY SHED TENT STRUCTURE WOOD WALK WOOD BRIDGE MULTI LEVEL WOOD & STONE WITH 2ND LEVEL DECK PROPERTY LI N E PROPERTY LINE P R O P E R T Y L I N E PROPERT Y L I N E 10' SIDE YARD SETBACK 5' REAR YARD ACCESSORY BUILDING SETBACK 10' SIDE YARD SETBACK 25' FRONT YARD SETBACK RELOCATED PICKLEBALL COURT 10' SIDE YARD SETBACK PROPOSED BUILDING ENVELOPE TOP OF SLOPE 15' TOP OF SLOPE SETBACK NOTE: ALL EXISTING LANDSCAPING AND IMPROVEMENTS LOCATED WITHIN THE 15' RIPARIAN SETBACK WERE LEGALLY DEVELOPED PRIOR TO ORDINANCE 22-1995 AND CODE 26.435.040(80(9) 100 YEAR FLOODPLAIN DELINEATION HOT TUB HW HW HW PROPERTY LINE SETBACK HIGH WATER LINE TOP OF SLOPE 15' SETBACK FROM TOP OF SLOPE PROPOSED BUILDING ENVELOPE LEGEND COTTONWOOD PINE ASPEN EXISTING TREES 100 YEAR WATER SURFACE DELINEATION N SCALE: 1"=20' 0' 5' 10'20' S 0 7 ° 0 6 ' 1 8 " E 1 4 . 7 7 ' HW HW HW H W HW H W H W H W H W H W H W H W H W H W H W H W H W H W H W H W H W H W H W H W H W PROPERTY LI N E PROPERTY LINE P R O P E R T Y L I N E PROPERT Y L I N E 10' SIDE YARD SETBACK 5' REAR YARD ACCESSORY BUILDING SETBACK 10' SIDE YARD SETBACK 25' FRONT YARD SETBACK 10' SIDE YARD SETBACK N SCALE: 1"=20' 0'5'10'20' TO P O F S L O P E 7755' 7765' 7775' 7785' 7760' 7770' 7780' 7790' MAIN HOUSE: RIDGE:7780.4' FFE:7766.06' TWO STORY SHED: RIDGE 7780.5' 2ND LEVEL 7773.9' FFE 7763.97' 45º 45º 45º 45º MAIN HOUSE: RIDGE:7780.4' FFE:7766.06' ONE STORY SHED RIDGE: 7770.1' FFE: 7761.87' TO P O F S L O P E TO P O F S L O P E 7755' 7765' 7775' 7785' 7760' 7770' 7780' 7790' TO P O F S L O P E 7755' 7765' 7775' 7785' 7760' 7770' 7780' 7790' TO P O F S L O P E 7755' 7765' 7775' 7785' 7760' 7770' 7780' 7790' TWO STORY SHED: RIDGE 7780.5' 2ND LEVEL 7773.9' FFE 7763.97' WOOD BRIDGE: FF: 7771.95' FIREWOOD SHED RIDGE: 7771.9' FF: 7765.08' TENT STRUCTURE: RIDGE: 7782.2' FF: 7766' FIREPLACE F.F.=7767.01' RIDGE=7782.7' 7755' 7765' 7775' 7785' 7760' 7770' 7780' 7790' 7755' 7765' 7775' 7785' 7760' 7770' 7780' 7790' 7755' 7765' 7775' 7785' 7760' 7770' 7780' 7790' 7755' 7765' 7775' 7785' 7760' 7770' 7780' 7790' CONCRETE PICKLE BALL COURT F.F.=7765.1' 15 ' O F F S E T 15 ' O F F S E T 15 ' O F F S E T 15 ' O F F S E T 0'5'10' SCALE: 1"=10'SECTION A-A SECTION B-B SECTION C-C SECTION D-D PRE-APPLICATION CONFERENCE SUMMARY (PRE-20-154) PLANNER: Sophie Varga, 429.2778, Sophie.Varga@CityofAspen.com DATE: January 6th, 2021 PROJECT ADDRESS: 1100 Black Birch Drive PARCEL NUMBER: 2735-013-07-017 REPRESENTATIVE: Kinga Czerska, Kinga.Czerska@gmail.com REQUEST: Stream Margin Review DESCRIPTION: The subject property is located within the Stream Margin Review Area adjacent to Castle Creek, a tributary of the Roaring Fork River. The Community Development Department received a complaint regarding the exterior lighting and development along the creek. Upon further review, additional unpermitted development was discovered, including improvements on the West side of the property, patio expansions, pathways, path lights, and most recently a sports court poured Spring 2020. On November 19th, 2020, the property was issued a Correction Notice for work done without a permit or land use approvals. Pursuant to Land Use Code Section 26.435.040.E, the property owner may request Stream Margin Special Review from the Planning & Zoning Commission to memorialize the existing improvements. The applicant shall respond to the review criteria found in Section 26.435.040.C - Stream Margin Review Standards, Section 26.435.040.D (if an appeal of the location of the Top of Slope line is requested) and Section 26.435.040.E – Special Review. The application should identify which improvements the homeowner wishes to maintain and which improvements will be removed. Please be aware that there is no guarantee that the application will ultimately be approved by the Planning and Zoning Commission. Pending approval of Special Review by the Planning and Zoning Commission, the property owner shall subsequently obtain the proper building permits to maintain subject improvements. An application should be submitted to the Community Development Department no later than 30 business days from the date of this pre-application. RELEVANT LAND USE CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures 26.435.040 Stream Margin Review For your convenience – links to the Land Use Application and Land Use Code are below: Land Use Application Land Use Code REVIEW BY: Staff for complete application Planning and Zoning Commission for decision PUBLIC HEARING: Yes PLANNING FEES: $3,250 for 10 hours of staff time. Any unbilled portion of the deposit will be refunded at the conclusion of the case. Additional staff hours, if needed, will be billed at $325 an hour. REFERRAL FEES: Engineering Department: $325 deposit for 1 hour of staff time (additional hours will be billed at $325/hour) Parks Department: $975 flat fee TOTAL DEPOSIT: $4,550 APPLICATION CHECKLIST: Please submit a digital copy of the application to the planner listed on the preapplication.  Completed Land Use Application and signed Fee Agreement.  Pre-application Conference Summary with Enforcement Letter dated November 19th, 2020 (this document).  Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner’s right to apply for the Development Application. The purpose of this requirement is to show that the Applicant has the authority to apply for a Land Use Case.  Applicant’s name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant.  A site improvement survey (no older than a year from submittal) including topography, existing structures and other improvements (such as patios), and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. This survey also is required to depict the 100-year flood plain, the high-water mark of Castle Creek, top of slope, setbacks, and any easement that cross the property.  A written and visual description of the proposal and response to how the proposed development complies with the review standards relevant to the development application Section 26.435.040.C Stream Margin Review  Site plan and site section depicting the proposed scope of work and the building envelope.  HOA Compliance form (Attached to Application) Once the copy is deemed complete by staff, the following items will then need to be submitted:  Total deposit for review of the application. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. November 19th, 2020 LPRP MILL LLC 1100 Black Birch Drive Aspen, Colorado 81611 RE: Land Use Code Violation and Correction Notice Dear LPRP MILL LLC: It has been brought to the City’s attention that the property at 1100 Black Birch has installed exterior lighting and a hot tub. It also appears that additional development has occurred on the property, including but not limited to multiple pathways, enlarging a patio, and constructing a structure on the West side of the property. Our records do not indicate that the development received City Land Use Approvals or was properly permitted; this is in violation of City of Aspen Municipal Code Sections, 26.435.040, Stream Margin Review, and 26.304.090, Building Permit. This letter shall serve as notice of the violations and a request for the owner to correct the Land Use Code violations on the above listed property. The City has a policy of progressive enforcement, and this notice and request for correction is the first step. The owner must act promptly to correct and resolve the violations as follows: 1) Remove the hot tub and exterior lighting; 2) Request a pre-application summary letter from the City for Stream Margin Review; 3) Apply for and acquire all requisite Land Use Approvals from the City; 4) Apply for and acquire all requisite permits from the City. If it can be demonstrated that the approvals and permits were previously applied for and received for the development in question, it will need to be demonstrated that the development is in compliance with those approvals. Pursuant to the City’s progressive enforcement policy (Section 2.02.120 – Uniform enforcement of City regulations), failure to correspond with the City within 10 days of the date of this correspondence (November 29th, 2020) will result in formal enforcement action, including, but not limited to, a municipal court summons. Please contact Sophie Varga, Sophie.Varga@cityofaspen.com, 970.274.7256 Thank you, Sophie Varga Zoning Enforcement Officer Community Development 130 South Galena Street Aspen, Colorado 81611 711 E. Valley Rd, Unit 201B Basalt, CO 81621 Phone: 970-366-4111 Fax: 970-672-1576 www.titlecorockies.com COMMITMENT TRANSMITTAL Commitment Ordered By: Cody Horn Davis Horn Inc. Phone: 970-925-6587 Fax: email: horn.cody@yahoo.com Inquiries should be directed to: Authorized Officer or Agent Title Company of the Rockies 711 E. Valley Rd, Unit 201B Basalt, CO 81621 Phone: 970-366-4111 Fax: 970-672-1576 Commitment Number:7002330-C Buyer's Name(s):Purchaser with contractual rights under a purchaser agreement with the vested owner identified at item 4 below Seller's Name(s):LPRP Mill, LLC, a Colorado limited liability company and LPRP River, LLC, a Colorado limited liability company Property:1100 Black Birch Drive, Aspen, CO 81611 Lot 10, Black Birches Estates, Pitkin County, Colorado COPIES / MAILING LIST Purchaser with contractual rights under a purchaser agreement with the vested owner identified at item 4 below LPRP Mill, LLC, a Colorado limited liability company LPRP River, LLC, a Colorado limited liability company COLORADO NOTARIES MAY REMOTELY NOTARIZE REAL ESTATE DEEDS AND OTHER DOCUMENTS USING REAL-TIME AUDIO-VIDEO COMMUNICATION TECHNOLOGY. YOU MAY CHOOSE NOT TO USE REMOTE NOTARIZATION FOR ANY DOCUMENT. Service Beyond Expectation in Colorado for: Eagle, Garfield, Grand, Pitkin and Summit Counties. (Limited Coverage: Jackson, Lake, Park and Routt Counties) Locations In: Avon/Beaver Creek, Basalt, Breckenridge, Grand Lake and Winter Park. (Closing Services available in Aspen and Glenwood Springs). Page 1 of 1 July 26, 2023 3:05 PM 711 E. Valley Rd, Unit 201B Basalt, CO 81621 Phone: 970-366-4111 Fax: 970-672-1576 www.titlecorockies.com Commitment Ordered By: Cody Horn Davis Horn Inc. Phone: 970-925-6587 Fax: email: horn.cody@yahoo.com Inquiries should be directed to: Authorized Officer or Agent Title Company of the Rockies 711 E. Valley Rd, Unit 201B Basalt, CO 81621 Phone: 970-366-4111 Fax: 970-672-1576 Commitment Number:7002330-C Buyer's Name(s):Purchaser with contractual rights under a purchaser agreement with the vested owner identified at item 4 below Seller's Name(s):LPRP Mill, LLC, a Colorado limited liability company and LPRP River, LLC, a Colorado limited liability company Property:1100 Black Birch Drive, Aspen, CO 81611 Lot 10, Black Birches Estates, Pitkin County, Colorado TITLE CHARGES These charges are based on issuance of the policy or policies described in the attached Commitment for Title Insurance, and includes premiums for the proposed coverage amount(s) and endorsement(s) referred to therein, and may also include additional work and/or third party charges related thereto. If applicable, the designation of “Buyer” and “Seller” shown below may be based on traditional settlement practices in Pitkin County, Colorado, and/or certain terms of any contract, or other information provided with the Application for Title Insurance. Owner’s Policy Premium: Loan Policy Premium: Additional Lender Charge(s): Additional Other Charge(s): Tax Certificate: Total Endorsement Charge(s): TBD Charge(s): TOTAL CHARGES: $300.00 $300.00 Service Beyond Expectation in Colorado for: Eagle, Garfield, Grand, Pitkin and Summit Counties. (Limited Coverage: Jackson, Lake, Park and Routt Counties) Locations In: Avon/Beaver Creek, Basalt, Breckenridge, Grand Lake and Winter Park. (Closing Services available in Aspen and Glenwood Springs). American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) COMMITMENT FOR TITLE INSURANCE Issued by as agent for Westcor Land Title Insurance Company SCHEDULE A Reference:Commitment Number: 7002330-C 1.Effective Date: July 21, 2023, 7:00 am Issue Date: July 26, 2023 2.Policy (or Policies) to be issued: ALTA® 2021 Owner's Policy Policy Amount:Amount to be Determined Premium:Amount to be Determined Proposed Insured:Purchaser with contractual rights under a purchaser agreement with the vested owner identified at item 4 below 3.The estate or interest in the Land at the Commitment Date is Fee Simple . 4.The Title is, at the Commitment Date, vested in: LPRP Mill, LLC, a Colorado limited liability company, as to an undivided 50% interest and LPRP River, LLC, a Colorado limited liability company, as to an undivided 50% interest 5.The Land is described as follows: FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE For Informational Purposes Only - APN: 273501307017 / R005209 Countersigned Title Company of the Rockies, LLC By: Staci Stamps American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) Commitment No: 7002330-C SCHEDULE A (continued) LEGAL DESCRIPTION The Land referred to herein is located in the County of Pitkin, State of Colorado, and described as follows: Lot 10, BLACK BIRCH ESTATES SUBDIVISION, according to the First Amendment to the Plat of Black Birch Estates recorded January 30, 1992 in Plat Book 28 at Page 51. For each policy to be issued as identified in Schedule A, Item 2, the Company shall not be liable under this commitment until it receives a specific designation of a Proposed Insured, and has revised this commitment identifying that Proposed Insured by name. As provided in Commitment Condition 4, the Company may amend this commitment to add, among other things, additional exceptions or requirements after the designation of the Proposed Insured. This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) Commitment No: 7002330-C COMMITMENT FOR TITLE INSURANCE Issued by Westcor Land Title Insurance Company SCHEDULE B, PART I Requirements The following are the requirements to be compiled with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the effective date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of the clerk and recorded of the county in which said property is located. All of the following Requirements must be met: 1.The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2.Pay the agreed amount for the estate or interest to be insured. 3.Pay the premiums, fees, and charges for the Policy to the Company. 4.Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. Evidence satisfactory to the Company or its duly authorized agent that all dues and/or5. assessments levied by the Homeowners Association have been paid through the date of closing. Evidence satisfactory to the Company or its duly authorized agent either (a) that the "real estate6. transfer taxes" imposed by Ordinance No. 20 (Series of 1979), and by Ordinance No. 13, (Series of 1990), of the City of Aspen, Colorado have been paid, and that the liens imposed thereby have been fully satisfied, or (b) that Certificates of Exemption have been issued pursuant to the provisions thereof. This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) Commitment No: 7002330-C A satisfactory Land Survey Plat, Improvement Survey Plat or ALTA Land Title Survey must be7. furnished to the company. Exception will be taken to any and all adverse matters disclosed thereby. Statement of Authority by LPRP Mill, LLC, a Colorado limited liability company, authorizing the8. transaction, executed by the managers or members set forth in the Operating Agreement. NOTE: Review Operating Agreement for authority of party(ies) to act on behalf of said limited liability company and complete the transaction contemplated herein. Statement of Authority by LPRP River, LLC, a Colorado limited liability company, authorizing9. the transaction, executed by the managers or members set forth in the Operating Agreement. NOTE: Review Operating Agreement for authority of party(ies) to act on behalf of said limited liability company and complete the transaction contemplated herein. Release by the Public Trustee of Pitkin County of the Deed of Trust from LPRP Mill, LLC, a10. Colorado limited liability company, and LPRP River, LLC, a Colorado limited liability company for the use of Northern Trust, to secure $10,000,000.00, dated February 22, 2007, and recorded May 1, 2007 at Reception No. 537201. NOTE: The above Deed of Trust secures a revolving line of credit, as such it must be released in its entirety and the account closed. Deed from LPRP Mill, LLC, a Colorado limited liability company, as to an undivided 50%11. interest and LPRP River, LLC, a Colorado limited liability company, as to an undivided 50% interest to Purchaser with contractual rights under a purchaser agreement with the vested owner identified at item 4 below. NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288-CRA 39-14-102. The Owner's Policy, when issued, will not contain Exceptions No. 1, 2, 3 and 4, provided that: (A) The enclosed form of indemnity agreement or final affidavit and agreement is properly executed and acknowledged by the party(ies) indicated and returned to the Company or its duly authorized agent, (B) The Company or its duly authorized agent receives and approves a Land Survey Plat, Improvement Survey Plat or ALTA survey properly certified by a registered surveyor or This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) Commitment No: 7002330-C engineer, and (C) Applicable scheduled charges in the amount of $TBD are paid to the Company or its duly authorized agent. NOTE: EXCEPTION NO. 5 UNDER SCHEDULE B, SECTION 2 OF THIS COMMITMENT WILL NOT APPEAR IN THE POLICY OR POLICIES TO BE ISSUED PURSUANT HERETO, PROVIDED THAT (A) THE DOCUMENTS CONTEMPLATED BY THE REQUIREMENTS SET FORTH IN SCHEDULE B, SECTION 1 OF THIS COMMITMENT ARE SUBMITTED TO AND APPROVED AND RECORDED BY THE COMPANY OR ITS DULY AUTHORIZED AGENT, AND (B) AN EXAMINATION OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR PITKIN COUNTY, COLORADO BY THE COMPANY OR ITS DULY AUTHORIZED AGENT DISCLOSES THAT NO DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS HAVE BEEN RECORDED IN SUCH RECORDS SUBSEQUENT TO THE EFFECTIVE DATE HEREOF. THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR PITKIN COUNTY, COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES, AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THE COMPANY. NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF INSURANCE. This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) Commitment No: 7002330-C SCHEDULE B, PART II Exceptions Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document will be excepted from coverage. The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: Any facts, right, interests, or claims which are not shown by the Public Records but which could1. be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. Easements or claims of easements, not shown by the Public Records.2. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the3. Title that would be disclosed by an accurate and complete land survey of the Land. 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 of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records./ Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same7. be found to penetrate or intersect the premises, as reserved in United States Patent recorded August 17, 1889 in Book 55 at Page 5. This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) Commitment No: 7002330-C Any rights, interests or easements in favor of the State of Colorado, the United States of America,8. or the general public, which exist or are claimed to exist in, over, under and/or across the waters and present and past bed and banks of the Castle Creek. Easements, rights of way and all other matters as shown on the Plat of Black Birch Estates,9. recorded May 1, 1967 in Plat Book 3 at Page 244, and the First Amendment to the Plat of Black Birch Estates recorded January 30, 1992 in Plat Book 28 at Page 51. Easement for ditch 20 feet in width as shown on and set forth in the recorded plat of Black Birch10. Estates, recorded May 1, 1967 in Plat Book 3 at Page 244 as Reception No. 127234, and the First Amendment to the Plat of Black Birch Estates recorded January 30, 1992 in Plat Book 28 at Page 51 as Reception No. 341133. Restrictions, which do not contain a forfeiture or reverter clause, but omitting restrictions, if any,11. based on race, color, religion or national origin, as set forth in instrument recorded June 22, 1967 in Book 227 at Page 452; and First Amendment to Protective Covenants for Black Birch Estates recorded January 30, 1992 in Book 668 at Page 215 as Reception No. 341135. Terms, conditions, obligations and restrictions as set forth in the Articles of Incorporation for the12. Black Birch Estates Homeowners Association recorded February 24, 1987 in Book 530 at Page 105 as Reception No. 286358. Terms and conditions regarding road maintenance and snow plowing as set forth in letter13. recorded November 22, 1996 as Reception No. 399318. Terms, conditions, obligations, easements and restrictions as set forth in Easement Agreement14. recorded January 30, 1992 in Book 668 at Page 234 as Reception No. 341136. Terms, conditions, obligations, provisions and easements of Easement Agreement recorded May15. 24, 2004 as Reception No. 497925. Terms, conditions, obligations, provisions and easements of Encroachment License Agreement16. recorded November 14, 2005 as Reception No. 517401 and November 30, 2005 at Reception No. 517935. Any question, dispute or adverse claims to any loss or gain of land as a result of any change in17. the riverbed location by other than natural causes, or alteration through accretion, reliction, erosion or evulsion of the center thread, bank, channel or flow of the waters in the Castle Creek River lying within the subject land; and any question as to the location of such center thread, bank, bed or channel as a legal description monument or marker for the purposes of describing or locating subject lands. This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) Commitment No: 7002330-C NOTE: There are no documents in the land records in the office of the Clerk and Recorder for Pitkin County, Colorado accurately locating past or present locations of the center thread, bank, bed or channel of the above river or indicating any alterations of the same as from time to time may have occurred. Any rights, interests or easements in favor of the State of Colorado, the United States of America,18. or the general public, which exist or are claimed to exist in, over, under and/or across the waters and present and past bed and banks of the Castle Creek River. This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Commitment No: 7002330-C DISCLOSURE STATEMENTS Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, requires that "Every Title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the Title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed.” (Gap Protection) Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder upon compliance with the following conditions: The Land described in Schedule A of this commitment must be a single-family residence, which1. includes a condominium or townhouse unit. No labor or materials may have been furnished by mechanics or materialmen for purpose of2. construction on the Land described in Schedule A of this Commitment within the past 13 months. The Company must receive an appropriate affidavit indemnifying the Company against unfiled3. mechanic's and materialmen's liens. Any deviation from conditions A though C above is subject to such additional requirements or4. Information as the Company may deem necessary, or, at its option, the Company may refuse to delete the exception. Payment of the premium for said coverage.5. Note 3: The following disclosures are hereby made pursuant to §10-11-122, C.R.S.: The subject real property may be located in a special taxing district;(i) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County(ii) Treasurer or the County Treasurer's authorized agent; and Information regarding special districts and the boundaries of such districts may be obtained from(iii) the County Commissioners, the County Clerk and Recorder, or the County Assessor. Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the disclosure or withholding provisions of C.R.S. §39-22-604.5 (Non-resident withholding). Note 5: Pursuant to C.R.S. §10-11-123 Notice is hereby given: (a)If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate then there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property, and (b)That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note 6: Effective September 1, 1997, C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half inch the clerk and recorder may refuse to record or file any document that does not conform. Note 7: Our Privacy Policy: We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we have been authorized by the customer, or are required by law. Note 8: Records: Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and Page 9 Commitment No: 7002330-C records sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes for a period of not less than seven (7) years, except as otherwise permitted by law. Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that “A title entity shall not earn interest on fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest is or has been earned. Said disclosure must offer the opportunity to receive payment of any interest earned on such funds beyond any administrative fees as may be on file with the division. Said disclosure must be clear and conspicuous, and may be made at any time up to and including closing.” Be advised that the closing agent will or could charge an Administrative Fee for processing such an additional services request and any resulting payee will also be subjected to a W-9 or other required tax documentation for such purpose(s). Be further advised that, for many transactions, the imposed Administrative Fee associated with such an additional service may exceed any such interest earned. Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if applicable (e.g., any money over any administrative fees involved in figuring the amounts earned). Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that “Until a title entity receives written instructions pertaining to the holding of fiduciary funds, in a form agreeable to the title entity, it shall comply with the following: The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them1. in a fiduciary capacity. The title entity shall use any funds designated as “earnest money ” for the consummation of the2. transaction as evidenced by the contract to buy and sell real estate applicable to said transaction, except as otherwise provided in this section. If the transaction does not close, the title entity shall: Release the earnest money funds as directed by written instructions signed by both the buyer(a) and seller; or If acceptable written instructions are not received, uncontested funds shall be held by the title(b) entity for 180 days from the scheduled date of closing, after which the title entity shall return said funds to the payor. In the event of any controversy regarding the funds held by the title entity (notwithstanding any3. termination of the contract), the title entity shall not be required to take any action unless and until such controversy is resolved. At its option and discretion, the title entity may: Await any proceeding; or(a) Interplead all parties and deposit such funds into a court of competent jurisdiction, and(b) recover court costs and reasonable attorney and legal fees; or Deliver written notice to the buyer and seller that unless the title entity receives a copy of a(c) summons and complaint or claim (between buyer and seller), containing the case number of the lawsuit or lawsuits, within 120 days of the title entity's written notice delivered to the parties, title entity shall return the funds to the depositing party.” Page 10 Commitment No: 7002330-C Title Company of the Rockies Disclosures All documents received for recording or filing in the Clerk and Recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The Clerk and Recorder will refuse to record or file any document that does not conform to the requirements of this section. Pursuant to C.R.S. 30-10-406(3)(a). The company will not issue its policy or policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent: or until the Proposed Insured has notified or instructed the company in writing to the contrary. Pursuant to C.R.S. 10-11-122. No person or entity that provides closing and settlement services for a real estate transaction shalldisburse funds as a part of such services until those funds have been received and are available forimmediate withdrawals as a matter of right. Pursuant to C.R.S. 38-35-125(2). The Company hereby notifies the proposed buyer in the current transaction that there may be recorded evidence that the mineral estate, or portion thereof, has been severed, leased, or otherwise conveyed from the surface estate. If so, there is a substantial likelihood that a third party holds some or all interest in the oil, gas, other minerals, or geothermal energy in the subject property. Such mineral estate may include the right to enter and use the property without the surface owner's permission. Pursuant to C.R.S. 10-11-123. If this transaction includes a sale of property and the sales price exceeds $100,000.00, the seller mustcomply with the disclosure/withholding requirements of said section. (Nonresident withholding)Pursuant to C.R.S. 39-22-604.5. Notice is hereby given that: The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. 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. Pursuant to C.R.S. 10-11-122. Notice is hereby given that: Pursuant to Colorado Division of Insurance Regulation 8-1-2; "Gap Protection" -When this Company conducts the closing and is responsible for recording or filing the legal documents resulting from the transaction, the Company shall be responsible for all matters which appear on the record prior to such time or recording or filing; and "Mechanic's Lien Protection" - If you are the buyer of a single family residence, you may request mechanic's lien coverage to be issued on your policy of Insurance. If the property being purchased has not been the subject of construction, improvements or repairs in the last six months prior to the date of this commitment, the requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by the seller. If the property being purchased was constructed, improved or repaired within six months prior to the date of this commitment the requirements may involve disclosure of certain financial information, payment of premiums, and indemnity, among others. The general requirements stated above are subject to revision and approval by the Company. Pursuant to C.R.S. 10-11-122. Notice is hereby given that an ALTA Closing Protection Letter is available, upon request, to certain parties to the transaction as noted in the title commitment. Pursuant to Colorado Division of Insurance Regulation 8-1. Nothing herein contained will be deemed to obligate the Company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Page 11 ALTA COMMITMENT FOR TITLE INSURANCE issued by WESTCOR LAND TITLE INSURANCE COMPANY (ALTA Adopted 07-01-2021) NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY ’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Westcor Land Title Insurance Company, a South Carolina Corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Amount of Insurance and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within (6) months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. Issued By: Title Company of the Rockies, LLC 711 E. Valley Rd, Unit 201B Basalt, CO 81621 Phone: 970-366-4111 WESTCOR LAND TITLE INSURANCE COMPANY This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. COMMITMENT CONDITIONS DEFINITIONS1. a.“Discriminatory Covenant ”: Any covenant, condition, restriction, or limitation that is unenforceable under applicable law because it illegally discriminates against a class of individuals based on personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or other legally protected class. b.“Knowledge” or “Known”: Actual knowledge or actual notice, but not constructive notice imparted by the Public Records. c.“Land”: The land described in Item 5 of Schedule A and improvements located on that land that by State law constitute real property. The term “Land” does not include any property beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. d.“Mortgage”: A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including one evidenced by electronic means authorized by law. e.“Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. f.“Proposed Amount of Insurance ”: Each dollar amount specified in Schedule A as the Proposed Amount of Insurance of each Policy to be issued pursuant to this Commitment. g.“Proposed Insured ”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. h.“Public Records”: The recording or filing system established under State statutes in effect at the Commitment Date under which a document must be recorded or filed to impart constructive notice of matters relating to the Title to a purchaser for value without Knowledge. The term “Public Records ” does not include any other recording or filing system, including any pertaining to environmental remediation or protection, planning, permitting, zoning, licensing, building, health, public safety, or national security matters. i.“State”: The state or commonwealth of the United States within whose exterior boundaries the Land is located. The term “State” also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam. j.“Title”: The estate or interest in the Land identified in Item 3 of Schedule A. 2.If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company’s liability and obligation end. 3.The Company’s liability and obligation is limited by and this Commitment is not valid without: a.the Notice; b.the Commitment to Issue Policy; c.the Commitment Conditions; d.Schedule A; e.Schedule B, Part I—Requirements; and f.Schedule B, Part II—Exceptions; and g.a signature by the Company or its issuing agent that may be in electronic form. 4.COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Date, any liability of the Company is limited by Commitment Condition 5. The Company is not liable for any other amendment to this Commitment. 5.LIMITATIONS OF LIABILITY a.The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company ’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured ’s good faith reliance to: i.comply with the Schedule B, Part I —Requirements; ii.eliminate, with the Company’s written consent, any Schedule B, Part II —Exceptions; or iii.acquire the Title or create the Mortgage covered by this Commitment. b.The Company is not liable under Commitment Condition 5.a. if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. c.The Company is only liable under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. d.The Company ’s liability does not exceed the lesser of the Proposed Insured ’s actual expense incurred in good faith and described in Commitment Condition 5.a. or the Proposed Amount of Insurance. e.The Company is not liable for the content of the Transaction Identification Data, if any. f.The Company is not obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. g.The Company ’s liability is further limited by the terms and provisions of the Policy to be issued to the Proposed Insured. 6.LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND CHOICE OF FORUM a.Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. b.Any claim must be based in contract under the State law of the State where the Land is located and is restricted to the terms and provisions of this Commitment. Any litigation or other proceeding brought by the Proposed Insured against the Company must be filed only in a State or federal court having jurisdiction. c.This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. d.The deletion or modification of any Schedule B, Part II —Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. e.Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. f.When the Policy is issued, all liability and obligation under this Commitment will end and the Company ’s only liability will be under the Policy. 7.IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company ’s agent for closing, settlement, escrow, or any other purpose. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. 8.PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9.CLAIMS PROCEDURES This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed Insured. Commitment Condition 9 does not modify the limitations of liability in Commitment Conditions 5 and 6. 10.CLASS ACTION ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF A COMMITMENT PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE PROCEEDING. ANY POLICY ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION. 11.ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of Insurance is $2,000,000 or less may be arbitrated at the election of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration . This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Anti-Fraud Statement NOTE: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. This anti-fraud statement is affixed to and made a part of this policy. LPRP Mill LLC Robert and Lexie Potamkin 1100 Black Birch Drive Aspen, Colorado 81611 �uly 21, 2023 City of Aspen Community Development Department 320 E Hyman Avenue Aspen, Colorado 81611 Re: Authorization for representation: The property located at 1100 Black Birch Drive and Iegally described as Lot 10, Black Birches Estates. Dear Planner, This letter authorizes Davis Horn Incorporated to submit a land use application for the property located at 1100 Black Birch Drive and represent LPRP Mill LLC in the City of Aspen land use review process. Please contact me if you have any questions or concerns. Thank you. LPRP Mill LLC Robert Potamkin & Lexie Potamkin Authorized Agents ,LPRP Mill LLC Statement of Authority (Section 38-30-172, C.R.S.) 1. This Statement of Authority is related to an entity named LPRP Mill LLC for Robert Potamkin dates 7/21/2023. 2. The type of entity is a limited liability company. 3. The entity is formed under the laws of Colorado. 4. The mailing address for the entity is 1100 Black Birch Drive, Aspen, CO 81611 5. The name and position of the person authorized to execute land use document includes Robert Potamkin as authorized agents. 6. The authority of the foregoing person(s) to bind the entity is not limited. 7. Other matters concerning the manner in which the entity deals with interests in real property: None. 8. The Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172-, C.R.S. Executed this 21st day of July 2023 _________________________________ as Agents of LPRP Mill LLC Dated July 21, 2023 STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The foregoing instrument acknowledged before me the ___ day of __________ 2023, by Robert Potamkin of LPRP Mill LLC dated January 21, 2023. July 21,