HomeMy WebLinkAboutApplicationDavis Horn -
PLANNING & REAL ESTATE CONSULTING
October 9, 2017
Ben Anderson
City of Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: Stream Margin Review for 1411 Crystal Lake Road (Parcel ID # 273718100 018)
Dear Ben,
The Valley Group LLC ("Applicant") own a developed metes and bounds parcel located at 1411
Crystal Lake Road. The Applicant is represented by in this land use application by Davis Horn
Incorporated and Menendez Architects P.C. H Rodes Hart is the Manager of the Valley Group
LLC and owns the adjoining improved parcel to the east. Patti Smallwood, Rodes' daughter, and
her husband Brian are seeking Stream Margin Review approval to redevelop the property with a
new single-family dwelling unit.
This land use application includes the following three sections:
1. Existing Conditions
2. Proposed Development; and
3. Land Use Approvals
The following attachments are referenced in this land use application.
1. Vicinity Map
2. City of Aspen mapping which depicts the top of slope
3. Improvement Survey Plat
4. Gordon/Callahan Resubdivision Plat recorded at Plat Book 25, Page 72
5. October 21, 2016 letter prepared by Gary L. Beach, Beach Environmental
6. 1411 Crystal Lake Road Stream Margin Review Map
7. Scope of Work/Proposed Improvements Site Plan
8. Landscape Plan L1.0, and Tree Removal Plan L0.1
9. Stream Margin Height Compliance A.4.001
10. Aspen Planning and Zoning Resolution NO. 4 2017
11. Floor Plans A.2001-A.2004
12. Elevations A.3001-A.3002
ALICE DAVIS AICP s GLENN HORN AICP
215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925-6587 • FAX: 970/925-5180
adavis@rof.net ghorn@rof.net
13. Residential Design Standards Application Checklist
14. Pre -Application Summary Sheet
15. Letter Authorizing Davis Horn Inc. to Submit Land Use Application
16. Ownership and Encumbrance Report
17. Fee Agreement
18. List of Property Owners with 300 feet
Existing Conditions
As shown on Attachment 1, Vicinity Map, the lot is located on the south side of Crystal Lake
Road on the north bank of the Roaring Fork River. The lot is zoned R-15 and contains 47,733 +/-
square feet of land. The house was built in 1971 by Pat Maddalone. Pitkin County Assessor's
records shows the house contains approximately 1,606 square feet of heated area and a 480 +/-
square foot carport.
Attachment 2 is a copy of a section of the City of Aspen mapping which depicts the top of slope.
The line labeled as "top of bank" is located just to the south of Crystal Lake Road. According to
the City of Aspen mapping the vast majority of the subject site including the existing house is
located between the "top of bank" and the Roaring Fork River. It is obvious from reviewing the
mapping and visiting the site that the City of Aspen mapping is not accurate.
Sopris Engineering has prepared an Improvement Survey Plat (See Attachments 3). The survey
shows that the subject site is comprised of two Parcels. Parcel I is a metes and bounds parcel
which contains 40,813 square feet of land. Parcel II is a 6,290-square foot area known as the
Maddalone Out Parcel" as depicted on the Gordon/Callahan Resubdivison Plat recorded at Plat
Book 25, Page 72, (Attachment 3). The Plat includes a note which reads as follows:
"This parcel is to be conveyed to the Maddalone Trustees following the
recordation of this plat. The entire .16 acres is hereby dedicated and restricted as
permanent open space on which no improvements of any kind shall ever be
constructed or placed."
Attachment 4 shows the Parcel, house, easements, land under water, top of the bank, wetlands
and the Federal Emergency Management Agency ("FEMA") 100-year floodplain line effective
June 4, 1987.
Gary Beach, MSEE, CES, RWS of Beach Environmental inventoried vegetation, flagged the
ordinary high-water mark of the River, delineated the jurisdictional wetland boundary and
identified the top of the slope as described in his October 21, 2016 letter entitled "Smallwood
Property Evaluation" (see Attachment 5). Gary visited the site twice with staff from the City of
Aspen Engineering Department to discuss the reasoning behind the placement of the top of slope
flags. During the second site visit with the City of Aspen Engineering Department Gary Beach
and April Long adjusted several flags and agreed on the points which constituted the top of
slope. April directed Gary to place the top of slope flags 15 feet from the edge of the wood deck
toward the Roaring Fork for the width of the house. Sopris Engineering surveyed the agreed
upon points after the second site visit and prepared the mapping which is depicted on the Survey
(see Attachment 3) and on the 1411 Crystal Lake Road Stream Margin Review Map (see
Attachment 6). On January 24, 2017 Planning and Zoning Commission approved the alternative
top of slope determination via Special Review as identified in Attachment 3. The Site
Improvement Survey/Plat depicting the alternative Top of Slope is being recorded by the City of
Aspen.
Project Description
The Applicant is proposing to develop a new house on Parcel I as depicted on the Site Plan (see
Attachment 7). The Site Plan prepared by Menendez Architects depicts the footprint of the
proposed residence, edge of the water line, mean high water line, wetland delineation, the top of
slope, effective 100-year floodplain, and 15.0' setback from the top of slope (see Attachment 7).
The landscape plan shows proposed hardscape areas, ground cover, deciduous trees and
evergreen trees. Additionally, the Applicant proposes riparian vegetation to be added along the
River. (Attachment 8). The proposed planting plan is depicted by the Landscape Plan and the
tree removal plan is shown (Attachments 8).
The Stream Margin Height Compliance (Attachment 9) depicts the proposed house and its
varying elevations in relationship to the Roaring Fork River and the top of slope line. It shows
the house complies with the 45 degrees angle from the top of slope.
Land Use Approvals
The Applicant is seeking the Environmentally Sensitive Areas - Stream Margin Review (Section
26.435.040), and Residential Design Standards (Section 26.410) approvals. The Stream Margin
Review standards, Special Review for the Top of the Slope and Environmentally Sensitive Area
minimum plan contents for Stream Margin Review (Section 26.435.080 C.2.) are addressed in
this section of the land use application and the Residential Design Standards are addressed by
Menendez Architect P.C. in Attachment 13 of the land use application. See Attachment 14 for
the Pre -Application conference summary with Ben Anderson.
Stream Margin Review Section 26.435.040 C.
The Stream Margin Review Standards appear in bold followed by the Applicant's responses.
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;
As depicted in the Site Plan (Attachment 7), the proposed house is located outside of the 15'
setback from the Top of Slope and the Effective 100 Year Flood Plain. Therefore, the proposed
development will not increase the base flood elevation on the parcel. Refer to Attachment 7, Site
Plan, which identifies the effective 100-year floodplain (Condition 1, downstream) is at 7,975'
and the base elevation of the house at 7,984.' (Condition 2-Midstream) floodplain is at 7,979 and
the base floor elevation for the house is at 7,981.' (Condition 3, Upstream) floodplain is 7,981'
and the base floor elevation of the house is at 7,984.' The eastern edge of the house (condition
unmarked) is closest to the floodplain, and the base floor elevation is identified as 7,982' and the
floodplain 7,975.' In each section, the base floor elevation of the house is located at least two
feet above the FEMA 100-year base flood elevation.
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 2012 Aspen Area Community Plan: Parks, Recreation, Open Space & Trails Policies section
policy IV.1 is the only policy which is partially applicable to the subject site. A review of
Attachment 7, Site Plan and Attachment 8, landscape plan, shows the proposed house and
landscaping plan has been developed based upon the concepts which are addressed in the 1973
Roaring Fork Greenway Plan.
A review of the Roaring Fork Greenway Plan and Landscape Plan shows the proposed house and
landscaping plan has been developed based upon the concepts which are addressed in the 1973
Roaring Fork Greenway Plan. The Roaring Fork Greenway Plan has been used as a guide in
preparing the planting plan.
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;
Refer to Attachments 7 which depicts the property line and proposed building envelope. The
southeast side of the building envelope is determined by the 15' setback from the top of the
slope. The building envelope on the front and sides of the house extends to the lot lines, however
the house will be sited outside the yard setback lines.
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 proposed development will be reviewed as part of the building permit submission for
compliance with the City of Aspen Urban Runoff Management Plan. Best Management Practices
shall be followed during construction to insure there are effective erosion and/or sedimentation
controls to protect the Roaring Fork.
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;
The Applicant is not proposing any alteration or relocation of the Roaring Fork River 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 will guarantee that the water course will not be altered. The guarantee will be in a
form mutually acceptable to the Applicant and the City Attorney.
7. Copies are provided of all necessary federal and state permits relating to work
within the 100-year flood plain;
The Applicant is not proposing any work within the 100-year flood plain.
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
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;
Attachment 8, Landscape Plan, shows approved seed mix is proposed within 15 feet of the top of
the slope. Additionally, planting is depicted on the Site Plan. Enhancement of the riparian
corridor along the Roaring Fork River is also depicted on the Landscape Plan. The Applicant
reviewed the City of Aspen Stream Margin Map located in the Community Develop Department
and the Map showed the top of the slope was not mapped accurately for this property. The Map
depicted the top of the slope located just to the south of Crystal Lake Road. According to the
City of Aspen mapping the vast majority of the subject site including the existing house is
located between the "top of bank" and the Roaring Fork River. Gary Beach of Environmental
LLC determined a new top of slope as depicted on Attachment 7. The Aspen Planning and
Zoning Commission approved special review Resolution NOA series of 2017 for an alternative
top of slope determination on the parcel (Attachment 10).
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
..
Lr,L.0
T+-- Fipura 'A"
The proposed house has been designed to comply with this standard. Refer to Attachment 9
which shows the proposed house complies with the 45-degree angle from the ground level at the
top of the slope. Corresponding location to various roof conditions shown in Attachment 9 are
also referenced on Attachment 7, Site Plan.
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;
All exterior lighting shall be directed away from the Roaring Fork River and shall comply with
Section 26.575.150 on Outdoor Lighting.
11. There has been accurate identification of wetlands and riparian zones.
Refer to Attachment 5, aManch 11, 2013 Letter from Gary Beach of Beach Environmental LLC,
which addresses wetland and riparian areas on the lot. The wetland and riparian areas delineated
by Gary are shown on Attachment 7 and Attachment 8.
Stream Margin Review Special Review 26.435.040 C.
As previously noted, the City of Aspen mapping of the Roaring Fork top of the slope shows the
top of the slope being located just South of Crystal Lake Road, on the north side of the existing
house which is not accurate. Consequently, the Applicant obtained Special Review approval to
establish the top of the slope on a site -specific basis.
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
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:
L 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
2. The proposed development meets the stream margin review standard(s) upon which the
Community Development Director had based the finding of denial.
The top of slope relocation was approved. The top of slope is depicted on the site survey (see
Attachment 3) and on the 1411 Crystal Lake Road Stream Margin Review Map (see Attachment
5).
Environmentally Sensitive Area minimum plan contents for Stream Margin Review
(Section 26.435.080 C.2.)
The minimum plan contents for Stream Margin review appear in bold followed by the
Applicant's responses.
2. For development subject to stream margin review, the plan shall depict:
a. The 100-year floodplain line and the high-water line.
See Attachments 3,4,7, and 9 or depictions.
b. Existing and proposed grades at two -foot contours, with five-foot intervals for grades over
ten (10) percent.
Refer to Attachment 3, Improvement Survey Plat: Slope Analysis for the existing grades and
Attachment 7, Site Plan, for the proposed grading.
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.
This Code requirement is not applicable because the house is not proposed to be located within
the Flood Hazard Area.
d. A description of proposed construction techniques to be used.
See Attachments 11 and 12 for floor plans and exterior elevations.
Summary
This land use application has described the existing conditions on 1411 Crystal Lake Road and
demonstrated compliance with the City of Aspen land use standards as identified in the Pre -
Application Conference Summary Sheet (see Attachment 8). The following is a list of
Attachments referenced in the land use application.
1. Vicinity Map
2. City of Aspen mapping which depicts the top of slope
3. Improvement Survey Plat
4. Gordon/Callahan Resubdivision Plat recorded at Plat Book 25, Page 72
5. October 21, 2016 letter prepared by Gary L. Beach, Beach Environmental
6. 1411 Crystal Lake Road Stream Margin Review Map
7. Scope of Work/Proposed Improvements Site Plan
8. Landscape Plan L 1.0, and Tree Removal Plan L0.1
9. Stream Margin Height Compliance A.4.001
10. Aspen Planning and Zoning Resolution NO.4 2017
11. Floor Plans A.2001-A.2004
12. Elevations A.3001-A.3002
13. Residential Design Standards Application Checklist
14. Letter Authorizing Davis Horn Inc., to Submit Land Use Application
15. Ownership and Encumbrance Report
16. Fee Agreement
17. List of Property Owners with 300 feet
Please contact us if you need any additional information.
Sincerely,
DAVIS HORN INCORPORATED
XK�-
GLENN HORN AICP
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SCALE: 1" = 2000'
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Glenn Horn, AICP
Davis Horn, Inc.
215 South Monarch
Aspen, CO 81611
Glenn:
Re: Smallwood Property Evaluation
October 21, 2016
At your request, I reviewed aerial photography and topographic mapping prior to
undertaking and completing a site reconnaissance of the Smallwood Property at 1411
Crystal Lake Road, Aspen, Colorado. This work was completed to determine the top of
slope appurtenant to the Smallwood property.
The work included a vegetative inventory, a determination and delineation of the
jurisdictional wetland boundary, identification and flagging of the ordinary high water mark
of the Roaring Fork River and top of bank, identification of the riparian corridor, and
subsequently the probable top of slope. Due to the gentle slope away from the river
toward the existing house, the demarcation line for top of slope established, staked, and
pinned, was based partly on changes in topography and exposed granite boulders, partly
on changes in vegetation, partly on slopes ascending from the river with greater definition
both upstream and downstream of the Smallwood property, and finally with physical
examination of existing site conditions, including drift lines, river deposits, and prior site
modifications.
Following the work to identify and stake/Rag the wetlands boundary and the top of slope,
met with staff from the City of Aspen at the property on two occasions to discuss the
reasoning behind the placement of flags establishing the top of slope. During the second
meeting at the property I agreed with April Long's request to adjust several of the flagged
points for the top of slope, moving those points closer to the existing house.
No adjustments were made to the wetland boundary.
Regards,
By
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dge Drive — Carbondale— Colorado — 81623
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-`- ATTACHMENT 10
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RECEPTION#: 636139, R: $28.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 4, 02/14/2017 at 11:44:23 AM
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION NO. 4
(SERIES OF 2017)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING SPECIAL REVIEW FOR AN ALTERNATIVE TOP OF SLOPE
DETERMINATION FOR A PARCEL OF LAND SITUATED IN SECTION 18,
TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M., CITY OF ASPEN,
PITKIN COUNTY, COLORADO, COMMONLY KNOWN AS
1411 CRYSTAL LAKE ROAD.
Parcel No. 2737-181-00-018
WHEREAS, the Community Development Department received an application from
Davis Horn Inc., on behalf of H. Rodes Hart of Valley Group, LLC requesting Special Review
approval for an alternative Top of Slope Determination for the property at 1411 Crystal Lake
Road; and,
WHEREAS, the Community Development Department Staff reviewed the application
for compliance with the applicable review standards; and,
WHEREAS, the City of Aspen Engineering Department provided consultation to the
applicant and approved the proposed alternative Top of Slope; and,
WHEREAS, upon review of the application, the applicable Land Use Code standards,
the Community Development Director recommended approval of the Special Review for an
alternative Top of Slope; and,
WHEREAS, the City of Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code as
identified herein, has reviewed and considered the recommendation of the Community
Development Director, and has taken and considered public comment at a duly noticed public
hearing on January 24, 2017; and,
. WHEREAS, the City of Aspen Planning and Zoning Conunission finds that the
development proposal meet either applicable review criteria and that the approval of the request is
consistent with the goals and objectives of the Land Use Code; and,
WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare; and,
WHEREAS, the Planning and Zoning Commission approved Resolution 4, Series of
2017, by a seven to zero (7 - 0) vote, granting approval of Special Review, Stream Margin, as
identified herein.
NOW, THEREFORE BE IT RESOLVED by the Aspen Planning and Zoning Commission:
Section 1: Special Review (for Top of Slone)
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Planning and Zoning Commission hereby approves an alternative top of slope determination via
Special Review as identified in the attached Exhibit A. The applicant shall record a Site
Improvement Survey/Plat depicting the alternative Top of Slope within 180 days of this
approval.
Section 2•
All material representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented before
the Planning and Zoning Commission, are hereby incorporated in such site development approvals
and the same shall be complied with as if fully set forth herein, unless amended by an authorized
entity.
Section 3•
This resolution 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 4•
If any section, subsection, sentence, clause, phrase, or portion of this resolution 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.
APPROVED by the Commission at its meeting on January 24, 2017.
APPROVED A FORM-
AAdi/ea`an//ssidtgnt City A omey
ATTEST:
�� M
Cindy Klob, Records Manager
Attachments:
Exhibit A: Site Improvement Survey/Plat
Identifying Alternative Top of Slope
Exhibit B: Full legal description of property
•
Exkd;f /9
Exhibit B
Legal Description
PARCEL I: A PARCEL OF LAND SITUATED IN THE NE '/4 OF SECTION 18,
TOWNSHIP 10 SOUTH, RANGE 84 WEST, OF THE 6TH PRINCIPAL MERIDIAN,
PITKIN COUNTY COLORADO AND LYING ENTIRELY WITHIN THE RIVERSIDE
PLACER MS 3905 AM AND BEING MORE FULLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY BANK OF THE ROARING FORK
RIVER SAID POINT ALSO BEING ON LINE 8-9 OF SAID RIVERSIDE PLACER,
WHENCE CORNER 9 OF SAID RIVERSIDE PLACER BEARS SOUTH 242.86 FEE,;
THENCE NORTH 249.19 FEET ALONG SAID LINE 8-9; THENCE EAST 125.00 FEET;
THENCE S 28030'00" EAST 132.58 FEET; THENCE S 15113'00" W 137.22 FEET TO A
POINT ON THE CENTERLINE OF SAID ROARING FORK RIVER; THENCE WEST
2.54 FEET ALONG SAID CENTERLINE; THENCE S 89153'46" W 149.71 FEET TO
THE POINT OF THE BEGINNING.
TOGETHER WITH ALL OF GRANTOR'S ACCESS AND OTHER EASEMENT
RIGHTS UNDER AND BY VIRTUE OF THOSE CERTAIN INSTRUMENTS
RECORDED IN BOOK 256 AT PAGE 557, BOOK 256 AT PAGE 744, BOOK 312 AT
PAGE 169 AND IN BOOK 327 AT PAGE 294, RESPECTIVELY OF THE PITKIN
COUNTY RECORDS, WHICH RIGHTS ARE CONVEYED BY QUIT CLAIM ONLY
AND WITHOUT WARRANTIES OF TITLE.
PARCEL II: THE SOUTHERNMOST PARCEL OF LAND SITUATE IN THE
GORDON/CALLAHAN RESUBDIVISION AS SHOWN ON THE PLAT THEREOF
RECORDED IN BOOK 25 AT PAGE 75 AS RECEPTION NO. 329332, CITY OF ASPEN,
COUNTY OF PITKIN, STATE OF COLORADO, BEING MORE PARTICULARLY AS
FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID
SUBDIVISION; THENCE N 36035'00" W 135.00 FEET ALONG THE
SOUTHWESTERLY BOUNDARY OF SAID SUBDIVISION; THENCE N 51040135" E
102.56 FEET TO A POINT ON THE EASTERLY LINE OF SAID SUBDIVISION;
THENCE S 00000'00" E 172.01 FEET ALONG SAID EASTERLY LINE TO THE POINT
OF THE BEGINNING.
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CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY ATTACHMENT 14
PLANNER: Ben Anderson, 429.2765 DATE: July 11, 2017
PROJECT: 1411 Crystal Lake Drive
REPRESENTATIVE: Glen Horn, Davis Horn
DESCRIPTION: The subject property is located at 1411 Crystal Lake Dr. on the Roaring Fork River,
within in the Callahan Subdivision Planned Development, and the R-15 Zone District. The Applicant is
proposing the demolition of an existing single family residence and the construction of a new, single
family residence.
The Stream Margin Review Area, which is inclusive of both the 100-year flood plain and 100 feet from
the high water line of the Roaring Fork River bisects this property. The property received approval from
the Planning and Zoning Commission (Resolution No. 4, Series of 2017) for an alternative Top of Slope
Determination. Because of the scope of the proposed project, this application does not qualify for an
exemption, but instead requires a full Stream Margin Review subject to the criteria in Sec.
26.435.040.C.1-11, an administrative review. If the application includes aspects that would require a
variance from the Stream Margin Standards, the review would be before the Planning and Zoning
Commission.
For this review, the Applicant shall depict the proposed building envelope, Stream Margin Review Area,
Top of Slope, the 15' setback from Top of Slope on all submitted drawings to confirm applicability and
any impacts to these areas on all submitted drawings. Proposed elevations for the new single family
residence should be submitted that depict the forty five (45) degree progressive height limit from the
established Top of Slope. Special attention should be given to depicting landscape features, both
hardscape and vegetation in the rear of the house as it relates to the Top of Slope and 15' setback area.
Additionally, the project will be seeking RDS approval for the final design of the project. As a separate
attachment, the RDS review packet is included. The RDS Review and Stream Margin Review can be
submitted at the same time, but are distinct submissions and will be reviewed separately. It should be
noted that while RDS and Stream Margin Review will help to identify aspects of the project that may
raise concerns during Zoning Review, approvals of RDS and Stream Margin Review do not exempt the
project from compliance with Zoning and Building Codes.
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.435.040 Environmentally Sensitive Areas — Stream Margin
26.410 Residential Design Standards
Below is a link to the Land Use Code for your convenience:
Land Use Code:
http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26-
Land-Use-Code/
Review by: Community Development Staff, Engineering and Parks Departments
Public Hearing: None
1411 Crystal Lake Drive — Page 1
Case Type: ESA, Stream Margin Review
Planning Fees: $1300 Deposit for Administrative Review. Additional planning hours beyond ten (10)
hours are billed at a rate of $325/hour.
Referral Fees: $650 for Parks Department (flat fee) and $325 Deposit for 1 hour of Engineering
review (additional engineering hours are billed at a rate of $325/hour)
Total Deposit: $2275.00
To apply, submit the following information:
❑ Completed Land Use Application and signed fee agreement.
❑ Pre -application Conference Summary (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.
❑ 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.
❑ HOA Compliance form. (included)
❑ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed
development complies with the review standards relevant to the development application and relevant land use
approvals associated with the property.
❑ A site improvement survey (no older than a year from submittal) including topography and vegetation showing
the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. This
should include the approved alternative Top of Slope and setback area.
❑ Two 11 x17 copies and one full sized copy of plans depicting the project and the Stream Margin Review Area, Top
of Bank, and the 15' setback from Top of Slope to confirm applicability and any impacts to these areas and
proposed building elevations that depict the relationship of the forty five (45) degree progressive height limit from
top of slope.
❑ Written responses to review criteria outlined in section 26.435.040 B.
❑ An 81/2" by 11" vicinity map locating the parcel within the City of Aspen.
❑ 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be
submitted:
❑ One additional copy of the complete application packet and, if applicable, associated drawings
❑ Total deposit for review of the application.
❑ A digital copy of the application provided in pdf file format.
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.
Page 2
H. Rodes Hart
Valley Group LLC
3001 Hillsboro Road
Brentwood, TN 37027
Ben Anderson, Planner
City of Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: 1411 Crystal Lake Road — Stream Margin Review and Residential Design Standards
Dear Ben,
This letter authorizes Glenn Horn of Davis Horn Incorporated and Menendez Architects P.C. to
submit a land use application to the City of Aspen for a Stream Margin Review and Residential
Design Standards on our lot located at 1411 Crystal Lake Road, Aspen, Colorado pursuant to
Section 26.425.040 and 26.410 of the City of Aspen Land Use Code. Glenn will represent us in
the land use review process.
Sincerely,
Valley Group LLC
H. Rodes Hart, Manager
Stewart title
Stewart Title - Aspen
620 East Hopkins Avenue
Aspen, CO 81611
WRITTEN OWNERSHIP AND ENCUMBRANCE REPORT
Order No. 01330-104522 Date: October 11, 2017
Customer Reference:
LEGAL DESCRIPTION:
See attached exhibit
1411 Crystal Lake Road
Aspen, CO 81611
APPARENT OWNER OF RECORD:
Valley Group, L.L.C., a Colorado limited liability company
Deeds of Trust, Mortgages and Liens which purport to affect the above described property, as disclosed by the
records of the Clerk and Recorder of Pitkin County, Colorado, through the effective date of September 29, 2017:
1. None
Vesting Deed recorded as Reception No. 417284.
The liability of Stewart Title, its affiliates and associates, for any errors or omissions affecting or relating to the information
appearing in this report is strictly limited to the amount paid for this report. The aforementioned liability is limited to the
customer who ordered this report. There are no expressed or implied warranties assuring or representing that this report
is reliable for title information, and therefore, should be verified by a Commitment for Title Insurance.
No representation is made as to the completeness, validity, or legal sufficiency of the documents referenced herein, nor
have any of such documents been examined to determine whether or not there are any exceptions, reservations,
encumbrances or other matters which might be detrimental to Title.
No search has been made for any reservations, restrictions, covenants, easements, rights of way, mineral interests, water
rights, and any other encumbrances which are not a deed of trust, mortgage or lien.
Y'le-RUP-719M - M--
Authorized Countersignature
Kurt Beereboom
Authorized Representative of Stewart Title
Order No.: 01330-104522 Page 1 of 1
Written OE Report STCO
ATTACHMENT 17
Agreement to Pay Application Fees
An agreement between the City of Aspen ("City") and
Property Phone No.:
Owner ("I„): V / co� �L, � Email: BSmo►�lJ� a
Address of I y (' r }� Billing.2 i5 S. ma n a.ccr 5-E,,$t loq
Property: Address:
(Subject of (send bills here) A5 PCt r►, C.0 $1 to 1 l
application)
I understand that the City has adopted, via Ordinance No., Series of 2011, 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 that
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.
$. 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 mailed 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 no -payment. I agree to pay
the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not
render and 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 the processing of my application at the hourly
rates hereinafter stated.
$ ,5-A5 b deposit for I b hours of Community Development Department staff time. Additional time
above the deposit amount will be billed at $325.00 per hour.
$ 3aS deposit for ( hours of Engineering Department staff time. Additional time above the
deposit amount will be billed at $325.00 per hour.
City of Aspen:
Jessica Garrow, AICP
Community Development Director
City Use:
Fees Due: $ Received $
Property Owner: 0O�•�iw� (:� r Q* LO r---) L l_<-
Name: �1 1
Title:
r
March, 2016 City of Aspen 1 130 S. Galena St. 1 (970) 920 505
ATTACHMENT 2 - LAND USE APPLICATION
PROJECT:
Name:
Location: �.� C IZ U C —rA L. L A V-f--.FC6 Q 31._.I 91 019 _
Parcel ID # (REQUIRED)
APPLICANT:
Name: %1trLw �"1C)C. M I aA_'iS �-1oCc-' (✓LL
Address: Sic.�
Phone#:
GMQS Exemption
GMQS Allotment
Special Review
ESA —8040 Greenline, Stream
0 Margin, Hallam Lake Bluff,
Mountain View Plane
Commercial Design Review
0 Residential Design Variance
0 Conditional Use
0 Conceptual PUD Temporary Use
0 Final PUD (& PUD Amendment)
Subdivision
= Conceptual SPA
Subdivision Exemption (includes
Condominiumization)
Lot Split
0 Lot Line Adjustment
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.
L c,- ..�. i 5+ h
PROPOSAL: (Description of proposed buildings, eses, modifications, etc.)
Final SPA (&SPA
Amendment)
0 Small Lodge Conversion/
Expansion
Other:
Have you attached the fotlowini? J FEES DUE: $
Pre -Application Conference Summary
Attachment #1, Signed Fee Agreement
0 Response to Attachment #3, Dimensional Requirements Form
Response to Attachment #4, Submittal Requirements — including Written Responses to Review Standards
3-D Model for large project
All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be
submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference
summary will indicate if you must submit a 3-D model.
(March, 2016 City of Aspen 1 130 S. Galena St. 1 (970) 920 505
ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Project:
Applicant: 13NX.,� e �t L rm •.•ram (_l._.C4
Location:
Zone District: —
Lot Size:
Lot Area:I
(For the purpose of calculating Floor Area, Lot Area may be reduced for areas within the high-water
mark, easement, and steep slopes. Please refer to the definition of Lot Area in the Municipal
Code.)
Commercial net leasable: Existing
: Proposed:
Number of residential units: Existing: Proposed:
Number of bedrooms: Existing: Proposed:
Proposed % of demolition (Historic properties only):
DIMENSIONS:-
Floor Area:
_
Existing: I � Allowable: 9LJ V�6' Proposed
Principal bldg. height:
Existing: i Allowable: ZS" Proposed z
Access. Bldg. height:
Existing: Allowable: L: 1� Proposed ICJ (�
On -Site parking:
Existing: _ _ y Required: Z. Proposed Iq
% Site coverage:
Existing: r Required: i Proposed t\ ._
% Open Space:
Existing: Required: iV (V Proposed hi
Front Setback:
Existing: '1� Required 25' Proposed LlZ—
Rear Setback:
Existing: -76 Required: Icy Proposed
Combined F/F:
Existing: Required N TF Proposed
Side Setback:
Existing: I " Required: J to Proposed
Side Setback:
Combined Sides:
Existing: 5S Required Proposed 1
Existing: Required �j (� Proposed
Distance between Bldgs.
Existing: Required: Pr Proposed v
Existing: Required: N 0C Proposed: Pi IV
Existing non -conformities or encroachments:
Variations requested:
March, 2016 City of Aspen 1 130 S. Galena St. 1 (970) 920 505E
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 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 propetty owner or Attomey representing the property owner.
Name: Valley Group LLC, H. Rodes Hart, Manager
Property
Owner (°I"): Email: rodes.hart@hsdholdingsiic.com Phone No.: 615 370 5801
donna.weeks@hsdholdingsllc.com
Address of
Property:
(subject of
application)
1 certify as follows: (pick one)
0 This property is not subject to a homeowners association or other form of private covenant.
X This property is subject to a homeowners 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.
I 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 documi a pu is document.
ent
Owner signature: date: !J
Owner printed name: H. Rodes Hart
or,
Attorney signature:
Attorney printed name:
date:
ATTACHMENT 18
Pitkin County Mailing List of 300 Feet Radius
From Parcel: 273718100018 on 10/11/2017
�jTKIN
CoU1vT�
1��/�*C*11�
Instructions:
This document contains a Mailing List formatted to be
printed on Avery 5160 Labels. If printing, DO NOT "fit to
page" or "shrink oversized pages." This will manipulate the
margins such that they no longer line up on the labels
sheet. Print actual size.
Disclaimer:
Pitkin County GIS presents the information and data on this web
site as a service to the public. Every effort has been made to
ensure that the information and data contained in this electronic
system is accurate, but the accuracy may change. Mineral
estate ownership is not included in this mailing list. Pitkin County
does not maintain a database of mineral estate owners.
Pitkin County GIS makes no warranty or guarantee concerning
the completeness, accuracy, or reliability of the content at this
site or at other sites to which we link. Assessing accuracy and
reliability of information and data is the sole responsibility of the
user. The user understands he or she is solely responsible and
liable for use, modification, or distribution of any information or
data obtained on this web site.
http://www.pitkinmaRsandmore.com
BLUE SKYE DAISY BROOKE PTNRSHP LLLP ALPINE/CRYSTAL PART LLC CRYSTAL/AGG PARTNERS LLC
1024 E HOPKINS #17 PO BOX 5028 1411 MOCKINGBIRD PL
ASPEN, CO 81611 NEW YORK, NY 10150 LOS ANGELES, CA 90069
ROSEBANK LLP BIG DOG FAMILY LLC LOWE FAMILY TRUST
1 ST THOMAS ST #24A 911 PONTE VEDRA BLVD 11777 SAN VICENTE BLVD #900
TORONTO ONTARIO M55 3M5, PONTE VEDRA BEACH, FL 32082 LOS ANGELES, CA 90049
STEENBERG LLC MEINIG PERS RESIDENCE TRUST PSH 2O11 DE LLC
WINDSOR PLACE 3RD FLOOR 5810 E SKELLY DR #1003 5810 E SKELLY DR #1003
HAMILTON BERMUDA HM 11, TULSA, OK 74135 TULSA, OK 74135
CFAH LLC HART H RODES & PATRICIA I NIXON DENNIS E
1100 WALNUT#2000 3001 HILLSBORO RD DRAWER 1359
KANSAS CITY, MO 64106 BRENTWOOD, TN 37027 LAREDO, TX 78042-1359
BCL TRUST BECKWITT MANAGEMENT TRUST JCCL TRUST
4906 DELOACHE AVE 1707 MARKET PLACE BLVD #250 1707 MARKET PLACE BLVD #250
DALLAS , TX 75220 IRVING, TX 75063 IRVING, TX 75063
CITY OF ASPEN OTTE PATRICIA K OTTE WILSON MICHAEL
130 S GALENA ST 89 DANIEL DR 89 DANIEL DR
ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611
1280 LITE LLC PUBLIC COUNSEL OF THE ROCKIES MANAGING SPACES LLC
1280 LITE AVE #16 1280 UTE AVE #4 PO BOX 4362
ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612
MITCHELL TODD WISE MARY FALLIN RICHARD ALDEN
1280 LITE AVE #7 1280 LITE AVE #9 PO BOX 6819
ASPEN, CO 81611 ASPEN, CO 81611 SNOWMASS VILLAGE, CO 81615-6819
COTE RICHARD SALVADORE TERESA LLC GIBSON DYLAN J
1280 UTE AVE 1280 S UTE AVE 1280 LITE AVE
ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611
MCBRIDE PETER WISE HUGH D III & MARY BEHRHORST DAVID G
1280 LITE AVE 0252 HEATHER LN 1280 LITE AVE #32
ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611
REESE JOHN W 1OTH MTN DIVISION HUT ASSOC INC DYNAMITE LLC
257 EASTWOOD DR 1280 LITE AVE 1280 LITE AVE #25
ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611
EXPLOSIVES LLC
947 EAST COOPER
ASPEN, CO 81611
J ARIEL HOLDINGS TRUST
25 ORINDA WY #300
ORINDA, CA 94563
MURRAY ROBERT B RESIDENCE TRUST
1275 RIVERSIDE DR
ASPEN, CO 81611
POWDER HOUSE CONDO ASSOC
1280 LITE AVE #16
ASPEN, CO 81611
S ARIEL HOLDINGS TRUST
25 ORINDA WY #300
ORINDA, CA 94563
ASPEN CLUB REDEV CO LLC
1450 CRYSTAL LAKE RD
ASPEN, CO 81611
WATER TRAIN WEST PROPERTIES LLC
4010 POWERS FERRY RD NW
ATLANTA, GA 30342
ALPHA FAMILY TRUST
10100 SANTA MONICA BLVD #2600
LOS ANGELES, CA 90067