HomeMy WebLinkAboutLand Use Case.CR.Smuggler Mtn.0044.2004.ASLUCounty Referral
2737-071-00-040 Case 0044.2004.ASLU
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City of Aspen Community Development Dept.
CASE NUMBER
0044.2004.ASLU
PARCEL ID#
2737-071-00-040
CASE NAME
Pitkin County Referral
PROJECT ADDRESS
PLANNER
Adam Sworden / Joyce Allgaier
CASE DESCRIPTION
1041 Hazard
REPRESENTATIVE
Suzanne Wolff
DATE OF FINAL ACTION 07/30/2004
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
Memo to Pitkin County
BOA ACTION
DATE CLOSED
07/30/04
BY
D DRISCOLL
MEMORANDUM
TO: Suzanne Wolff, County Community Development Department
THRU: Joyce Allgaier, City of Aspen Community Development Deputy Director
FROM: Christopher Lee, City of Aspen Planner
RE: Government Lot 33, 1041 Hazard Review Application -City Planning
Referral Comments
DATE: October 7th, 2004
The City Planning Staff reviewed the proposal to construct a single-family residence and
has the following concerns:
1. Staff observed that government lot 33 is severely constrained given its
location on Smuggler Mountain and does not appear to be an
appropriate location for any level of development.
2. Staff observed the vast majority of the site has a grade that is actually
steeper than Highland Bowl. It also presents a severe wildfire hazard
given its continuous brush/foliage coverage. Staff feels these
conditions cannot be adequately mitigated through site design and
construction techniques.
3. Staff also commented on the high visibility of the site from town.
4. Staff encourages the County to pursue a mechanism to sterilize the site
while permitting the economic value to be transferred to a site with
less constrained development conditions, thus providing benefit to the
City of Aspen, Pitkin County, and the property owners.
Thank you for the opportunity to provide comment on this County application.
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Record 2 of 2
PITS IN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920-5526 FAX (970) 920-5439
MEMORANDUM
TO: Engineer
Aspen Fire Department
City of Aspen — Planning
ACSD
Wildlife Officer
FROM: Suzanne Wolff, Community Development Department
RE: Timroth (Government Lot 33) 1041 Hazard Review and Conceptual Submission
(PID 2737-071-00-040; Case P112-04)
DATE: July 8, 2004
Attached for your review and comments are materials for an application submitted by theTimroth
LLLP. The Hearing Officer will review the application on Tuesday, September 21, 2004.
Please return your comments to me by Friday, July 30, 2004.
PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU
HAVE NO FURTHER NEED OF THEM.
Thank you.
MEMORANDUM
TO: Ezra Louthis, Pitkin County Planner
THRU: Joyce Allgaier, City of Aspen Community Development Deputy Director
FROM: James Lindt, City of Aspen Planner
RE: Lot 4, Cheek Subdivision 1041 Hazard Review Application -City Planning
Referral Comments
DATE: November 20, 2003
The City Planning Staff reviewed the proposal to construct a single-family residence and
has the following concerns:
1. Staff recommends that the County require that all materials be non -
reflective and painted with dark earth -tone colors to minimize the
visibility of the structure.
2. Staff recommends that the County require the building envelope to be
fenced during construction to prevent any prohibited grading,
vegetation removal, and development that is not allowed outside the
approved building envelope.
3. Staff encourages the County to request that the Applicant provide
significant natural landscaping to the southwest of the proposed
residence to screen and minimize the visual impacts from within the
City.
4. Staff encourages the County to consider requiring elevation drawings,
floor plans, and a landscape plan to determine if the proposed
residence is consistent with the scale and character of the surrounding
neighborhood.
Thank you for the opportunity to provide comment on this County application.
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1041 £NVIRONM£NrAl HAZARDS REVIEW
Fr
CONCEPTUAL Sil'BMISSION ftPPLIG4770N
SUBMIMD By
HAAS LAND PLANNZNG, LLC
201 N. MILL STREET, SUITE 108
ASPEN, COLORADO 81611
Ph rw. (9 70) 92 5 - 7819
Fa4u:(970) 925-7395
End M)Uta4@10prCk.net
,JUNF, 2004
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' AN APPLICATION
' FOR APPROVAL OF
1041 ENVIRONMENTAL HAZARDS REVIEW
& CONCEPTUAL SUBMISSION
FOR MR. ALBERT G. TIMROTH
Submitted by:
Mr. Albert G. Timroth
P.O. Box 375
Basalt, CO 81621
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Prepared by:
HAAS LAND PLANNING, LLC
Planning Consultants
201 North Mill Street, Suite 108
Aspen, CO 81611
phone: (970) 925-7819
fax: (970) 925-7395
email: mhaas@sopris.net
PROJECT CONSULTANTS
PLANNING
Mitch Haas, AICP
Haas Land Planning, LLC
201 North Mill Street, Suite 108
Aspen, CO 81611
(970) 925-7819
LEGAL
Mr. Leonard Oates, Esq.
Oates, Knezevich & Gardenswartz, P.C.
533 East Hopkins Avenue, 3rd Floor
Aspen, CO 81611
(970) 920-1700
SURVEYING
Aspen Survey Engineers, Inc.
John Howorth
210 South Galena Street
Aspen, CO 81611
(970) 925-3816
GEOLOGICAL
Collins & Associates
Dr. Bruce Collins, Ph.D.
P.O. Box 23
Silt, CO 81652
(970) 876-5400
GOVERNMENT LOT 33
1041 ENVIRONMENTAL HAZARDS REVIEW
TABLE OF CONTENTS
PAGE
INTRODUCTION..........................................................................1
II. THE NEIGHBORHOOD & SUBJECT PROPERTY (Existing Conditions) ... 3
1
• Vicinity Map...........................................................................4
III. THE PROPOSAL...........................................................................5
IV. REVIEW REQUIREMENTS...............................................................7
i1.
A. 1041 Environmental Hazards Review..............................................7
Section 3-80-050, Geologic Hazard Areas...................................7
2. Section 3-80-070, Wildfire Areas.............................................12
3. Section 3-80-080, Wildlife Habitat Areas...................................13
B. Conceptual Submission Requirements..........................................16
1. Article 2, County Land Use Policies........................................16
2. Section 3-60, Environmental and Aesthetic Standards.................17
3. Section 3-70, Water Resources................................................18
4. Section 3-110, Improvements and Services...............................19
V. VESTED RIGHTS........................................................................21
EXHIBITS
Exhibit 1: Proof of Ownership
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Exhibit 2: Letter of authorization
Exhibit 3: Pre -Application Conference Summary
Exhibit 4: Geologic Report
Exhibit 5: Wildfire Hazards Review and Recommendations
Exhibit 6: Wildlife Biologist Referral Letter
Exhibit 7: Agreement to Pay Form
Exhibit 10: List of Adjacent Property Owners
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h INTRODUCTION
This is an application for approval of a 1041 Hazard Review Site Plan
(building envelope) and General Submission for a single-family residence and
customary accessory uses on the 1.581 acre Government Lot 33. The property is
located above Spruce Street on Smuggler Mountain and has a Parcel
Identification Number of 2737-071-00-040. In addition, 1041 approval is needed
to extend utilities (in an existing easement) from the last switchback on North
Spruce Street up to the driveway serving both Lot 33 and Smuggler Mountain
Parcel C.
The property contains areas mapped for geologic hazards including an
alluvial fan and potentially unstable slopes (slopes in excess of 30%). It is
mapped as a "low" wildfire hazard area, but was given a "Severe Hazard:
Brush" rating by Mr. Eric Petterson. The 1041 maps do not indicate the presence
of any regulated wildlife habitat, and a site specific review of an adjacent parcel
carried out by the Pitkin Wildlife Biologist resulted in a similar finding.
This application is being submitted pursuant to Sections 3-80-050, 3-80-
070, 3-80-080, 3-110, 3-70, 3-60, and Article 2 of the Pitkin County Land Use Code
by Timroth LLLP (hereinafter "the applicant"), who is the owner of the subject
property. Proof of Timroth LLLP's ownership is provided in Exhibit 1, the
Interchange Deed. A legal description of the property is also included as part of
Exhibit 1. Authorization for Haas Land Planning, LLC, to represent the property
owner for this application is provided in Exhibit 2. A pre -application conference
summary is included herewith as Exhibit 3. A geologic hazards report, prepared
by Dr. Bruce Collins is attached as Exhibit 4. A wildfire hazards review prepared
by Mr. Eric Petterson is attached as Exhibit 5. A letter from County Wildlife
Biologist, Mr. Jonathan Lowsky, regarding an adjacent property is attached as
Exhibit 6.
Documentation of how and when the subject parcel was created is
provided by the Interchange Deed from the United States Government (see
Exhibit 1). The Interchange Deed was the original grant of the property from the
United States of America, which did not and does not own any adjoining
property. The property has not merged with any adjacent parcels as ownership
has always been held in different names and involved different parties. For
instance, Government Lot 33 was originally conveyed from the US Government
to Albert G., Donna M., and Grant C. Timroth as tenants in common in 1997 and
stayed in that ownership until December of 2002 when it was conveyed to
Timroth LLLP (a limited liability limited partnership of six individuals with
capital interests, see Exhibit 1). Smuggler Mountain Lot C was recognized as a
separately developable parcel by the BOCC in 1990 (Declaration of Restrictions,
Government Lot 33, 1041 Hazards Review Application Page 1
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Book 615, Page 219) and again in 2001 with approval of Resolution No. 117-2001.
Timroth LLLP does not own and has never owned Smuggler Mountain Parcel C.
Proof of access to the subject property was provided with the Smuggler
Mountain Parcel C application in 2001. The same easements that serve Parcel C
also serve the subject Government Lot 33. These access easements were
reviewed by the County and considered sufficient proof of adequate legal access
in 2001. In fact, the easement and access for Parcel C are currently being
developed pursuant to a valid access/driveway permit (as well as 1041 and
Scenic Overlay approvals) and traverses Government Lot 33. An executed
application fee agreement and a list of adjacent property owners are attached as
Exhibits 7 and 8, respectively.
This application is divided into five sections. Section I provides a brief
introduction to the application, while Section II furnishes an overview of the
neighborhood and subject property (existing conditions). Section III of the
application summarizes the proposal. Section IV addresses compliance with the
review criteria of the Land Use Code, and Section V is a request for the granting
of vested property rights. For the reviewer's convenience, all pertinent
supporting documents are provided in the various exhibits to the application.
While the applicant has attempted to address all relevant provisions of the
Code, and to provide sufficient information to enable a thorough review,
questions may arise which require further information and/or clarification. Such
additional information as may be required in the course of the application's
review will be provided upon request.
Government Lot 33, 1041 Hazards Review Application Page 2
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II. THE NEIGHBORHOOD & SUBJECT PROPERTY (Existing Conditions)
The subject property is known as Government Lot 33, Section 7. It is a
1.581 acre, triangularly shaped parcel located on Smuggler Mountain between
the Ballarat 4488 claim, Smuggler Mountain Parcels C and E, and Lot 3 of the
Cora Lee Subdivision. It is located on a steep hillside with a west aspect. Slopes
along this hillside average nearly 48%, and virtually all of the subject property
consists of slopes in excess of 45%. The site is within Pitkin County's AFR-10
zone district and is located just outside of the Aspen Area Urban Growth
Boundary (UGB).
Access to the property is gained via a thirty foot wide easement across the
Cora Lee Mining Claim, the Ella Sherwood Mining Claim, and U.S. Forest
Service property. The access easement is recorded in Book 578 at Pages 774 and
778. The access easement provides connection to the Spruce Street public right-
of-way. The driveway utilizes an existing but abandoned roadbed, which
follows a topographic contour. The access drive is under construction pursuant
to a validly issued access/driveway permit as well as 1041 and scenic overlay
approvals.
Municipal water service, cable television, telephone, electric, and sanitary
sewer service are all currently available from Spruce Street. The applicant
maintains a utility easement (known as the "spur' easement, Reception Number
445238) from Spruce Street through Lot 3 of the Cora Lee Subdivision to
Government Lot 33. This utility connection will also serve Smuggler Mountain
Parcel C. The spur easement is platted on the recorded land survey contained in
Book 131 at Page 452. Pursuant to approval of this 1041 application, the
applicant intends to have the utilities extended from Spruce Street through the
spur easement for connection to Lot 33. However, before construction can occur,
scenic overlay approval for this utility extension will still be required in
connection with the scenic overlay review of the residence on Government Lot 33
or Smuggler Mountain Parcel C, whichever comes first.
With regard to geology, Dr. Bruce Collins has concluded (see Exhibit 4)
that the geologic hazards affecting Government Lot 33 are not significantly
different from those affecting many sites in Pitkin County previously approved
for development, most particularly those in the immediate area. The property is
within a somewhat geologically sensitive area, but with the implementation of
relatively simple mitigation measures, the hazards to which the property is
exposed can be minimized.
While the subject property is outside of the Aspen Area Urban Growth
Boundary (UGB), the hillside neighborhood in which it is located is a developing
Government Lot 33, 1041 Hazards Review Application Page 3
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portion of the Aspen area. The Cora Lee Subdivision, Williams Ranch, and
Silverlode developments are located almost immediately to the west and
southwest of the property. Williams Ranch includes thirty-five affordable
housing units, located on slightly less than six acres of land (a density of
approximately six units to the acre). Silverlode contains fifteen free market units
located on slightly less than seven acres of land (a density of approximately two
units to the acre), with lot sizes ranging from approximately 11,000 square feet to
30,000 square feet. The entire neighborhood has been developed on slopes of
approximately the same gradient as that of the subject site.
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Page 4
1 III. THE PROPOSAL
' The 1.581 acre property is zoned AFR-10 but does not meet the minimum
lot size requirement of 10 acres. As such, Section 6-50-010, Development
Permitted on Substandard Size Lots or Parcels, limits the subject property's
' development potential to a single-family dwelling unit and accessory
uses/ structures. In other words, all other types of development that might
otherwise be permitted in the AFR-10 zone district are effectively precluded.
With the exception of a small portion of the site (the Spruce Street
' switchback), the entire property consists of slopes in excess of 30%. In fact,
almost the entire site has a slope of greater than 45%. The small and disjointed
portions of the site that have slopes of less than 45% are not adequate in size to
accommodate a building envelope. The one relatively sizable area (although still
not adequately sized for development of a residence) with slopes of 30-45% is
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bisected by the driveway serving the adjacent Parcel C and, therefore, is not
usable as a building envelope. Aside from the slopes, no significant geologic
hazards are believed to affect the site.
Mr. Eric Petterson of Rocky Mountain Ecological Services, Inc. (RMES)
assessed the wildfire hazard on the property and surrounding area as "Severe
Hazard: Brush" due to the fact that the slope is greater than 20% and the fuels are
continuous. As such, Mr. Petterson recommended some five -plus pages worth of
hazard mitigation requirements (see Exhibit 5). The applicant will accept Mr.
Petterson's recommendations as conditions of approval and will adhere to the
same.
The County Wildlife Biologist, Mr. Jonathan Lowsky, conducted a site
visit/site-specific review to evaluate potential wildlife impacts of development
on the adjacent Smuggler Mountain Parcel C. Mr. Lowsky noted in his letter
(Exhibit 6) that, "Although the Timroth [Parcel C] property is not within any wildlife
habitat mapped by the Colorado Division of Wildlife it is important to note that mule
deer use this habitat throughout the non -winter months and elk migrate through on their
way between winter and summer ranges." In short, Mr. Lowsky assessed the site to
include only summer and transitional range, neither of which is regulated under
the 1041 standards.
The applicant proposes the designation of a building envelope to
accommodate the development of a single family residence and customary
accessory uses. A driveway is being constructed in the existing access easement
and the proposed building envelope will share in its use. The proposed building
envelope is located at an elevation closely approximating that of the existing
residence on Lot 2 of the Cora Lee Subdivision and that approved for Smuggler
Government Lot 33, 1041 Hazards Review Application Page 5
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ASPEN, COLORADO 61611
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Mountain Parcel C. That is, the proposed building envelope extends up to but
not beyond the 8,240 foot elevation contour, while the designated building
envelope on Parcel C reaches the 8,248 foot elevation. Please refer to the
attached Government Lot 331041 Hazard Review Site Plan.
The proposed building envelope extends from the access road (shown as
"Access Envelope" on the proposed 1041 Site Plan) to the northeast for a distance
averaging approximately 115 horizontal feet. It culminates at the 8,240 foot
elevation contour. The building envelope is fairly narrow due to the shape of the
lot and is further constrained by the applicable setback requirements of the zone
district. Virtually the entire building envelope resides on slopes of greater than
45%, as no viable options exist. The Access Envelope consists of the existing
roadway that provides access to Parcel C as it passes through the subject
property.
In addition, an "Accessory Envelope" is proposed in the area extending
from the 8,140 foot elevation contour above Spruce Street to the Access Envelope.
The Accessory Envelope will not allow any buildings or above ground
improvements but is merely intended to accommodate utility extensions and the
like. That is, the applicant maintains a utility easement (known as the "spur"
easement, Reception Number 445238) from Spruce Street through Lot 3 of the
Cora Lee Subdivision to Government Lot 33, and the spur easement is to be
included within the mapped "Accessory Envelope." The spur easement enters
Lot 33 just above the 8,140 foot elevation contour, and the accessory envelope
will provide for extension of utility lines from Spruce Street, through the spur
easement, to the proposed building envelope. The Accessory Envelope is one of
the few areas containing slopes of between 30% and 45% but is far too small and
constrained (by setbacks and proximity to roads and associated road cuts both
above and below) to accommodate a residence.
Development of the property and utility extension will require Scenic
Overlay approval in the future. As was the case with Parcel C, the applicants
have not yet hired an architect or otherwise engaged in design of a residence.
For this reason, only 1041 approvals are requested at this time.
Government Lot 33, 1041 Hazards Review Application Page 6
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IIV. REVIEW REQUIREMENTS
IA. 1041 Environmental Hazards Review
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A review of the County's 1041 maps during the pre -application conference
indicated that the applicant should address the impacts of geologic hazards and
wildfire hazards on the property. The application also addresses the general
standards for wildlife habitat areas even though the area is not mapped for and
does not lie within any regulated habitat areas/types. Specifically, the 1041
hazards addressed herein are as follows:
• Geologic Hazard Areas: Slopes of greater than 30% are present on the
property. Although the site is mapped within an alluvial fan, site specific
analysis by a professional geologist has determined this aspect of the
mapping to be incorrect. (See Exhibit 4.)
• Wildfire Hazard Areas: The property has a "Severe Hazard: Brush" wildfire
hazard rating and mitigation will be required. (See Exhibit 5.)
• Wildlife Habitat Areas: The site is not mapped with regard to wildlife
habitat areas; the Pitkin County Wildlife Biologist conducted a review of
the adjacent and similarly situated property and provided a comment
letter, a copy of which it attached hereto. (See Exhibit 6.)
Responses to each of the applicable standards of the County's Land Use
Code with regard to these hazards are provided below.
1. Section 3-80-050, Geologic Hazard Areas
Section 3-80-050 identifies development standards applicable to specific
geologic hazard areas, including avalanche areas, landslide areas, potentially
unstable slopes, rockfall areas, alluvial fans, talus slopes, mancos shale, faults,
expansive soil and rock, and ground subsistence. Please refer to the geology
report prepared by Dr. Bruce Collins, attached hereto as Exhibit 4.
Dr. Collins' report ends with the following conclusions. The most
significant geologic hazards which affect Government Lot 33 are the steepness of
the slopes on the property and the nature of the glacial till. These hazards, he
concludes, can both be addressed by proper soil testing and foundation design as
well as the installation of retaining walls or other structures to support
excavations and fills. Geologic hazards affecting Government Lot 33 are not
significantly different from those affecting many sites in Pitkin County
previously approved for development. The property is in a geologically
Government Lot 33, 1041 Hazards Review Application Page 7
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sensitive area, but with mitigation, the hazards to which the property is exposed
can be minimized.
a. Section 3-80-050(A), Avalanche Areas
Government Lot 33 is not included in high or moderate avalanche hazard
zones on the Pitkin County 1041 maps. Given its southern exposure, its
relatively low elevation, and its vegetative cover, the hillside on which the
property resides is not thought to be subject to the accumulation of snow at
levels which would constitute an avalanche hazard, nor are avalanche starting
zones believed to be present on or above the property. There is no known
history of avalanches on the Smuggler Mountain exposure where the subject site
is located.
b. Section 3-80-050(B), Landslide Areas
The area is not included in landslide hazards areas as depicted on Pitkin
County or Colorado Geologic Survey geologic maps.. Nevertheless and as Dr.
Collins explains in his report, site -specific soil testing should be sufficient to
establish either depth to bedrock or that sufficient moraine material is present to
prevent potential slippage. Cuts on slopes greater than 10% and more than four
feet high will be supported by engineered retaining walls, and any foundation
cut into such a slope will be designed as a retaining wall.
c. Section 3-80-050(C), Potentially Unstable Slopes
Section 3-80-050(C)1.a., Definition, provides that "Potentially unstable slopes
means slopes that equal or exceed a thirty percent gradient, which tend to be susceptible
to a landslide, a mudflow, a rock fall, and/or accelerated creep of slope forming
materials." The attached Government Lot 331041 Hazard Review Site Plan meets
the requirements of sub -section 3-80-050(C)1.b. The Development Standards for
potentially unstable slopes are provided in sub -section 3-80-050(C)1.c. The
development standards state that development is prohibited on slopes of greater
than forty-five percent. Thus, even though the applicant has no viable option,
the proposed building envelope is prohibited by the Code and will likely require
a takings appeal to gain approval.
Nevertheless, should a takings appeal result in eventual approval of the
proposed building envelope, the standards of sub -section 3-80-050(C)1.c.ii.a.,
Thirty Percent of Greater Gradient: No Alternative Building Site, will apply.
Under said sub -section,
Government Lot 33, 1041 Hazards Review Application Page 8
If there is no alternative building site available on the parcel with slopes
of less than 30% (this provision may not be utilized for driveways or
' roads), development may be approved by the Community Development
Department through the review process of section 3-80-050(C)2.b.,
subject to the following development standards:
' 1) An engineer or geologist licensed in the State of Colorado shall be
required to demonstrate that the site can be engineered in such a way
' that there is no hazard posed by the location of development on slopes
in excess of thirty percent. A precise engineer or geologist approved
mitigation plan shall be required that shows the area of disturbed
slope, any re -grading required and the exact size and location of all
mitigation devices. Any development approved pursuant to this
section shall be conditioned upon compliance with the engineer or
geologist's recommended mitigation measures.
2) The mitigation measures must be determined by the Community
' Development Department to be the least visually and ecologically
obtrusive alternatives.
' 3) To the extent possible, the development shall be designed so as to:
avoid adding water to the site that would cause decreased stability;
' avoid removing the toe of the slope without adequate mechanical
support, avoid increasing the weight load on top of the slope; re -
contour disturbed slopes so that they can be re -vegetated; avoid
' steepening of existing slopes.
Pursuant to Section 3-80-050(C)2.c., the applicant requests that the
proposed development be reviewed through a One -Step, Public Hearing Review
by the Public Hearing Officer in accordance with Section 4-50. In the alternative
if the application can be forwarded directly to the Board of County
Commissioners so as to bypass the need for an intermediate step and separate
takings appeal, that would be the most preferable process. Section 3-80-
050(C)2.c. states that, "at the review the applicant will be required to demonstrate
through an engineer or geologist licensed in the State of Colorado that the site can be
engineered in such a way that there is no hazard posed by the location of development on
' slopes in excess of 15 %. A precise engineer or geologist approved mitigation plan will
not be required as part of this review, but will be required subsequently at building
permit."
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The applicant has provided a geologist report demonstrating that the site
can be engineered in such a way that there is no hazard posed by the location of
development. A precise mitigation plan will be a subsequent requirement at the
time of building permit application. The final mitigation strategy will
incorporate the recommendations of standard "3" above. As such, the standards
Government Lot 33, 1041 Hazards Review Application Page 9
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of section 3-80-050(C)1.c.ii.a., Thirty Percent of Greater Gradient: No Alternative
Building Site, have been satisfactorily addressed. At the time of building permit
application review, the mitigation measures will need to be determined by the
Community Development Director to be the least visually and ecologically
obtrusive alternatives. In fact, if better to carry out this review during Scenic
Overlay Review, that will be acceptable as well.
The site resides on slopes in excess of 45%. The slopes present on
Government Lot 33 are similar to those found in many Pitkin County locations
that have been approved for development and have, indeed, been developed.
Many such sites are located in the immediate vicinity (i.e., Smuggler Mountain
Parcel E, Smuggler Mountain Parcel C, the Cora Lee Subdivision lots, the
Silverlode Subdivision, the Auger property, etc.) of the subject property and,
accordingly, excavation, foundation, grading, and landscaping design and
construction techniques for such locations are well -established.
Dr. Collins suggests site -specific soil testing be done prior to foundation
design, and that foundation design be based on the result of the soil tests. Dr.
Collins further concludes that, with soil testing and appropriate foundation
designs, the nature of the moraine materials is such that construction on the
slopes found on the property is possible provided all excavations, including
foundations, are adequately supported with or designed as retaining walls, with
appropriate drainage on the upslope side(s). These recommendations will be
adhered to by the applicant in the course of design and construction.
Also, in accordance with Dr. Collins' recommendations, artificial
irrigation of landscaping will be avoided completely unless subgrade drains to a
natural and unobstructed drainage, evaporative catch basins, or other
satisfactory methods to prevent uncontrolled infusion of irrigation water can be
installed. Foundation design and construction will distribute weight sufficiently
over the cut -and -fill area so as to ensure stability, including but not limited to
anchoring to bedrock, installing friction anchors, piling, and so on as necessary
depending on the soil testing and subsequent engineering analysis. Cuts, fills,
and other excavations will be minimized, steepening of existing slopes will be
avoided, and all disturbed areas not covered by construction will be graded to
allow revegetation subject to the irrigation limitations discussed above.
The utility extension minimizes potential for impacts of or on 1041
Environmental Hazards by taking the shortest practical route. The affected area
will be revegetated with native species in consultation with the Pitkin County
Wildlife Biologist as soon after construction as reasonably practicable. After the
extension is completed and the area is filled back over (the lines are to be buried)
and revegetated, it will no longer be discernable from Highway 82.
Government Lot 33, 1041 Hazards Review Application Page 10
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Given the foregoing response, the development of the site will be based on
detailed site analysis, including geologic and engineering studies, and will
adhere to the considerations stipulated in the review standards.
d. Section 3-80-050(D), Rockfall Areas
The site is not mapped as a rockfall area on the Pitkin County 1041 maps,
but on the basis of slope angles in excess of 25%, most of Smuggler Mountain is
included in areas of potential rockfall on the general (1" equals 2 miles) maps of
the Colorado Geologic Survey. Dr. Collins notes in his report that there are no
significant exposures of rock cliffs or ledges above Government Lot 33 and no
indication of rockfall in recent time in the immediate area. He concluded,
therefore, that rockfall hazard is minimal. Given this minimal hazard and the
lack of any review of rockfall hazards for any of the surrounding properties even
though they are subject to the same theoretical hazard, it would be inappropriate
to deny this application on the basis of Section 3-80-050(D)(1).
Nevertheless, to ensure mitigation of this minimal hazard, Dr. Collins
suggests (and the applicants agree to comply with these recommendations) that
final grading and landscaping be designed to prevent rolling rocks from reaching
the structure, and that the lower three feet (above grade) of the structure be
stiffened and not include any windows or other openings on the uphill side(s).
e. Section 3-80-050(E), Alluvial Fans
The Pitkin County 1041 Maps indicate the presence of alluvial fans on the
subject property, but the Code provides that the mapping remains subject to field
verification by a qualified expert. According to Dr. Bruce Collins, the subject site
is not located on an alluvial fan.
f. Section 3-80-050(F), Talus Slope
' The subject property is not located on in the vicinity of or affected b a
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talus slope.
g. Section 3-80-050(G), Mancos Shale
The subject property is not located on, in the vicinity of, or affected by
Mancos Shale.
Government Lot 33, 1041 Hazards Review Application Page 11
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h. Section 3-80-050(H), Faults
The subject property is located in a complexly -faulted area, but the exact
relationship between these faults and Government Lot 33 is not known. While
there has been no known movement on these faults in historic time and probably
none for thousands of years, minor earthquakes have occurred in the Aspen area
within the last few decades. As such, Dr. Collins suggests that new structures be
designed and built in accordance with UBC provisions for Seismic Zone II.
i. Section 3-80-050(1), Expansive Soil and Rock
The subject property is not located on, in the vicinity of, or affected by
known or suspected deposits of expansive soil and rock.
j. Section 3-80-050(J), Ground Subsistence
Subsistence effects on Government Lot 33 due to past underground
mining have been found to be highly unlikely.
2. Section 3-80-070, Wildfire Areas
Section 3-80-070 establishes mitigation standards applicable to
developments within either severe wildfire hazard areas, or low and medium
hazard wildfire areas. Mr. Eric Petterson of Rocky Mountain Ecological Services,
Inc., visited the subject property to evaluate wildfire hazards and mitigation
requirements. Mr. Petterson provided a letter containing his recommendations
for wildfire hazard mitigation, and said letter is included herewith as Exhibit 5.
In general terms, Mr. Petterson rated the wildfire hazard as "Severe
Hazard: Brush" and concluded that the proposed building envelope and
construction therein can be mitigated to eliminate and/or minimize wildfire
hazards. He suggested acceptable mitigation measures, as described in Exhibit 5.
Wildfire review has been removed from the 1041 requirements and can be
deferred to building permit review. As such, the fact that the property has a
"severe" rating should not affect the ability to approve the proposal. That said,
the applicant would like any and all wildfire mitigation measures that will be
required for building permit issuance to be included as conditions of this
applications approval.
Government Lot 33, 1041 Hazards Review Application Page 12
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3. Section 3-80-080, Wildlife Habitat Areas
The 1041 maps do not contain wildlife information with regard to the area
surrounding the subject property. As such, the site is not mapped for, nor has it
been found to contain, deer, elk or bighorn sheep: winter concentration areas;
severe winter range; critical habitat; or, migration patterns, corridors, or highway
crossings. The County Wildlife Biologist, Mr. Jonathan Lowsky, conducted a site
visit and site -specific review to evaluate potential wildlife impacts from
development on the adjacent and similarly situated property. Mr. Lowsky noted
in his letter (Exhibit 6) that, "Although the Timroth [Parcel C] property is not within
any wildlife habitat mapped by the Colorado Division of Wildlife it is important to note
that mule deer use this habitat throughout the non -winter months and elk migrate
through on their way between winter and summer ranges."
In short, the site is within only summer and transitional range, neither of
which is regulated under the 1041 standards. Accordingly, Mr. Lowsky felt that
development of the property would not be detrimental to wildlife habitat given
compliance with certain conditions, as provided below. Mr. Lowsky's letter (see
Exhibit 6) suggests that the following conditions be applied to the 1041 approval
so as to minimize impacts to wildlife:
1. Fencing outside the building envelope must comply with §3-80-080(A)(10) and §3-
80.080(A)(11) of the Pitkin County Land Use Code.
2. Dogs should be kenneled as per §3-80.080(D)(2).
3. Native vegetation must be maintained outside the building envelope as per §3-
80.80(A)(3).
4. An orange safety fence should be erected around the building envelope during
construction to prevent any inadvertent impacts to native vegetation.
5. Installation and use of approve bear -proof trash containers [fully enclosed, steel
container of any size with a steel lid that has a two step opening mechanism, as
approved by the Pitkin County Wildlife Biologist or personnel of the Colorado
Division of Wildlife] should be required. Verification of this condition should be
required prior to issuance of a Certificate of Occupancy.
6. If possible, utility lines should be buried.
Section 3-80.80, Wildlife Habitat Areas, establishes land use standards for
wildlife habitat areas. Given the information provided in the letter from the
County Wildlife Biologist, the wildlife habitat portion of this application
responds only to Sections 3-80.80(A), General Standards. Responses to the
applicable standards of said Section, as provided below, demonstrate compliance
therewith as well as with the recommendations of the Pitkin County Wildlife
Biologist.
Government Lot 33, 1041 Hazards Review Application Page 13
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a. Section 3-80.80(A), General Standards
The review standards of Section 3-80.80(A) are provided below in
indented and italicized text, with each standard immediately followed by a
response.
1. Commercial, industrial or high impact recreational development, open pit mineral
extraction, or construction of roads should avoid the habitat areas identified in this
section.
There is no commercial, industrial or high impact recreational
development, or open pit mineral extraction being contemplated or requested.
The only road construction that will take place involves the already permitted
and ongoing development of a driveway on an existing yet abandoned roadbed.
The County Wildlife Biologist found that only summer and transitional range
affect the subject property, and his recommended conditions of approval will be
followed so as to minimize potential impacts to wildlife.
2. Residential development shall be clustered outside of habitat areas to the maximum
extent possible to minimize impacts on wildlife.
The proposed access, building and accessory envelopes will ensure that
residential development is confined to an area which avoids impacts to habitat
areas, and ensures that the location of development will be as close to the
surrounding, existing residential structures as reasonably possible given the
setback limitations of the applicable zoning. The recommended conditions of
approval summarized above will be followed so as to fully ensure minimization
of impacts to wildlife.
3. The removal of vegetation shall be minimized. Disturbed areas shall be promptly
revegetated with beneficial browse species.
Vegetation removal will be kept to the minimum necessary for
construction and mitigation of wildfire hazards. Disturbed areas will be
revegetated with and future landscaping will be comprised of appropriate
species. Furthermore, in accordance with Mr. Lowsky's recommended
conditions, the applicant will maintain native vegetation outside of the building
envelope and erect safety fencing around the envelope during construction so as
to prevent inadvertent impacts to native vegetation.
4. When existing vegetation must be altered, for an access road, utility line or similar
uses, an applicant will cooperate with the County and the Colorado Division of
Wildlife to devise a compensation plan acceptable to the County. Such compensation
plan may substitute (in a nearby area on the subject property) vegetation equal in
type and quantity to that being removed to mitigate effects on wildlife species.
Government Lot 33, 1041 Hazards Review Application Page 14
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To the extent that the County and the DOW feel such a compensation plan
would be warranted or appropriate, the applicant agrees to cooperate.
S. Food, cover and water sources beneficial to wildlife shall be preserved. Mitigate
development effects which would destroy or damage these. Give special
consideration to trees and shrubs with high wildlife value, especially heavy seed,
berry and fruit producing species.
Except for the minimal removal of vegetation necessary for construction
and mitigation of wildfire hazards, all food, cover, and water sources beneficial
to wildlife will be preserved.
6. Wildlife food species and woody cover along fences should be encouraged as one
way of improving wildlife habitat.
By agreeing to comply with the letter and spirit of standards (4) and (5),
the recommendations of this standard will, in turn, be satisfied. No fencing
exists on the property, nor will any be installed unless necessary for kenneling
purposes, in which case compliance with the fencing standards of 3-80.80(A)(10)
and (11), below, will be achieved and maintained.
7. Waterholes, springs, seepage, marshes, ponds and other watering areas should be
preserved.
There are no waterholes, springs, seepages, marshes, ponds or other
watering areas that affect the property or that will be affected by development of
the property.
8. Endangered species habitat shall be protected. All disturbances to such habitat shall
be minimized.
The site and, certainly, the proposed building envelope are not known to
contain any endangered or even threatened species habitat. Accordingly, such
habitat will not be disturbed.
9. All golden eagle nest sites and bald eagle roost sites shall be protected. Provide a
three -hundred (300) yard buffer around nest sites. Protect all other raptor nest sites
with one hundred (100) yard buffers.
There are no known nesting sites within the subject property or its access
way. All standing dead trees that are not required to be removed for wildfire
hazard mitigation will be left alone.
Government Lot 33, 1041 Hazards Review Application Page 15
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10. Mesh or woven wire fences are prohibited.
It is understood that this prohibition applies to areas outside the building
envelope but exempts any dog kennel areas within the envelope, if kennels are
installed. As such, the applicant will comply with this prohibition.
11. Wire fencing shall employ a three strand barbed or smooth wire fence with a 42 inch
maximum height above ground level and at least 12 inches between the top two
strands. Wood rail fencing shall employ three rails or less, be the round or split rail
type, shall not exceed 48 inches in height above ground level and 12 inches in width
(top view), and shall have at least 18 inches between two of the rails.
If any fencing is to be installed, the applicant will comply with DOW
fencing recommendations and those of Sections 3-80.80(A)(10) and (11).
12. Edges (places where two habitat types meet) must be avoided by development and
shall be maintained whenever possible since deer and many other species of wildlife
utilize edge areas. Vegetation disturbances on winter ranges should be minimized
and all disturbances revegetated with beneficial browse species.
The property is entirely within one type of habitat area and will, therefore,
comply with standard 3-80.80(A)(12) which requires the avoidance of "edges'
(places where two habitat types meet). No winter ranges exist on the subject
property.
13. Tall, overly mature trees and standing dead trees should be retained whenever
possible as nesting habitat for woodpeckers and other tree nesting species, such as
eagles and hawks. Den trees in wooded areas which provide homes for birds,
squirrels, and raccoons should also be retained. Disturbance or destruction of
wildlife den sites shall be prohibited except in certain nuisance cases, like skunks
under homes.
No tall, overly mature trees or standing dead trees are known to exist on
the site, but to the extent any are found and not required to be removed for
construction or wildfire hazard mitigation, they will be left undisturbed. No den
sites have been found on the property and, as such, none will be disturbed.
R Conceptual Submission Requirements
1. Article 2, Countyy Land Use Policies
The County Land Use Policies contained in Article 2 of the Code state that,
"The dominant policy of Pitkin County is to conserve and protect from further
degradation the present natural environment and its resources." The proposed
building envelope, along with the conditions of 1041 hazard review approval,
will ensure that the single-family development of this site will promote this
"dominant policy." This application is in harmony with the County's growth
Government Lot 33, 1041 Hazards Review Application Page 16
rate and phasing of public services and facilities related goals as the surrounding
area is already developed and the site will be served with public water, sewer,
gas, and electric. Since many of the existing properties in the surrounding area
have been developed for residential use, approval of this request will be
1 compatible with the existing hillside neighborhood.
Article 2 also identifies all of those concerns addressed by the various 1041
environmental hazard reviews; the preceding portions of this application
demonstrate compliance with these. Concerns regarding road design,
transportation, water and air quality resources, sewage treatment, and energy
conservation are addressed below and will need to be addressed and satisfied in
connection with building permit applications for the subject property.
i2. Section 3-60, Environmental and Aesthetic Standards
a. Section 3-60-020, Air Quality
The eventual development of a single family residence on the subject
1 property will not result in a direct or indirect source of air pollution under any
applicable regulations, and the development will comply with all Pitkin County
codes.
b. Section 3-60-030, Preservation of Natural Landscape
In accordance with Section 3-60-030(A), Grading and Fill Placement, all
grading and fill placement which exceeds 50 cubic yards will be subject to the
review and approval of the County Engineer and Planning Director. Similarly,
all grading, excavation and fill placement related to specific building permit
applications will be subject to the review and approval of the Chief Building
Official.
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It is also understood that, pursuant to Section 3-60-030(B), the County
Engineer and/or Planning Director may suggest and/or require design and
construction techniques which lessen physical and visual damage to the natural
terrain or other natural features of the landscape. The recommendations of Dr.
Collins (see Exhibit 4) will be followed as well.
c. Section 3-60-050, Scenic Quality
Scenic Overlay review and approval will be required prior to building
permit issuance. Consistent with the standards of Section 3-60-050, the proposed
building and access envelopes avoid, to the greatest extent feasible on the subject
site, alterations to the natural landscape which would be visible from other
Government Lot 33, 1041 Hazards Review Application Page 17
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properties and public use areas. Like the existing home directly to the
southwest, development of the subject parcel will be set into the hillside to
minimize its bulk and perceived height, and earth -tone colors will be used on the
exterior in an effort to blend with the surrounding environment.
If any landscaping and/or outdoor lighting proposals are to be brought
forward in the future with regard to the subject property, such proposals will
comply with the Pitkin County Landscape Guidelines as well as all applicable
lighting standards. All utility installation will be carried out in a manner that
minimizes damage to the natural environment and all lines will be buried, as
required and as recommended by the County Wildlife Biologist. If any satellite
dishes are installed, their visual impacts will be minimized by using earth -tone
colors, screening, and appropriate siting relative to other land uses.
3. Section 3-70, Water Resources
At the time of building permit application, the proposed development of
the site will demonstrate maintenance of historic drainage patterns to reasonably
preserve the natural character of the site and prevent property damage. The flow
of natural water courses will not be impeded, and adequate drainage will be
provided for all low points. The recommendations of Dr. Collins (see Exhibit 4)
will be followed.
All erosion related impacts associated with development of the property
will be minimized and addressed as part of the building permit application.
Erosion control will be accomplished by minimizing disturbance to natural
vegetation and soil cover, ensuring that all cuts and fills are adequately designed
and revegetated, and providing provisions for protection of vegetation from fire.
The drainage related improvements discussed in the previous paragraph will
also aid in minimizing erosion. No land clearing or grading operations that are
necessary in the course of site development will be done during periods of
maximum water runoff. No ditches exist on the subject property, and
development will not affect irrigation of any agricultural lands. Sedimentation
controls will be implemented before and throughout development.
Finally, use and development of the property will not interfere with the
designated uses of water resources as represented in relevant portions of the
Water Quality Management Plan for the Roaring Fork Basin, the 208 Water
Management Plan, and the State regulations. The use of the property will enjoy
City of Aspen water service and will, therefore, meet the requirements for
adequate provisions to meet water needs as established by the County
Environmental Health Department.
Government Lot 33, 1041 Hazards Review Application Page 18
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4. Section 3-110, Improvements And Services
Section 3-110 of the Pitkin County Land Use Code establishes standards
for the following services and improvements: 3-110-020, Logical Extension of
Utilities; 3-110-030, Water Distribution Systems; 3-110-040, Water Supply
Systems; 3-110-050, Sewage Treatment and Collection; 3-110-060, Public Utilities;
3-110-070, Roads; 3-110-080, Parking; 3-110-100, Trails; 3-110-110, Lighting; and,
3-110-130, Signs.
a. Section 3-110-020, Logical Extension of Utilities
According to paragraph (A), Applicability, of this section, the "Logical
Extension of Utilities" standards "are applicable to all major [emphasis added] utility
extensions within areas not presently served by major utility lines." No major utility
extensions are proposed as part of this 1041 Environmental Hazards Review
application, nor are any expected with the development of the subject property.
Thus, section 3-110-020 is not applicable. Service lines will be extended from
Spruce Street to the subject site in an already existing easement.
b. Section 3-110-030, Water Distribution Systems
This section is not applicable, as no water distribution systems are
proposed, nor will any be developed. Connection will be made to the existing
City of Aspen Water distribution system.
c. Section 3-110-040, Water Supply Systems
Water service will be supplied by the City of Aspen.
d. Section 3-110-050, Sewage Treatment and Collection
Sewage treatment and collection services will be provided by the Aspen
Consolidated Sanitation District.
e. Section 3-110-060, Public Utilities
The standards of this section are applicable to the installation of all public
utilities. Prior to submitting a building permit application, the applicant will
obtain written commitments to serve from all applicable utility providers. All
utilities required to be placed underground will be so placed.
Government Lot 33, 1041 Hazards Review Application Page 19
If. Section 3-110-070, Roads
The road standards of this section are applicable to all roads and
driveways. Since all new road and driveway construction must receive a
development permit from the County Engineer and Planning Director, a permit
for developing a driveway within the existing access easement to the building
envelope has been obtained and construction is underway. The driveway has
been designed to comply with the Pitkin County Road Standards and Specifications
and Pitkin County Road Management Plan.
I The driveway for the adjacent Smuggler Mountain Parcel C is under
construction pursuant to a validly issued access permit. The Parcel C driveway
traverses the proposed Government Lot 33 "access envelope' and, in addition to
providing access for Parcel C, it will be used to provide access to the
improvements on Government Lot 33. The development proposal being put
forth herein will not generate traffic volumes in excess of existing road capacities,
rendering a road improvement plan unnecessary.
g. Section 3-110-080, Parking
The parking spaces to be provided on site will comply with the
dimensions required by this section, and at least two off-street parking spaces
will be provided for the residence, as required. The design of the parking area
shall be reviewed along with the residence prior to issuance of a building permit.
h. Section 3-110-100, Trails
This section is not applicable since no trails are proposed, nor do any
presently exist on the property.
i. Section 3-110-110, Lighting
' Consistency with applicable outdoor lighting standards will be required
when a building permit is applied for. There is no existing lighting on the site.
' j. Section 3-110-130, Signs
No signs are proposed. To the extent that any signs may be proposed in
the future, the necessary permits will be applied for at the appropriate time.
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Government Lot 33, 1041 Hazards Review Application Page 20
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IV. VESTED RIGHTS
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The applicant hereby requests that Vested Rights be granted to this site
specific development plan and approval pursuant to Sections 4-140 and 4-40-
020(G) of the Pitkin County Land Use Code.
Government Lot 33, 1041 Hazards Review Application
Page 21
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EXHIBITS
Exhibit 1: Proof of Ownership
Exhibit 2: Letter of authorization for Haas Land Planning, LLC
Exhibit 3: Pre -Application Conference Summary
Exhibit 4: Geologic Report prepared by Dr. Bruce Collins, Ph.D.
Exhibit 5: Wildfire Hazard Review, prepared by Eric Petterson of
Rocky Mountain Ecological Services, Inc.
Exhibit 6: Referral Comments Letter from Jonathan Lowsky, Pitkin
County Wildlife Biologist
Exhibit 7: Executed Fee Agreement (Agreement to Pay Form)
Exhibit 8: List of Adjacent Property Owners
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EXHIBIT 1
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1 I II1111111111111111111111111 Iip11Ep I111 IVIA1DQ11I11 I111
405845 06/30/1997 01 3 P
1 of 1 R 6.00 D 11.00 N 0.00 MIN CLERK 8 RE
IINTERCHANGE DEED
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THIS DEED, made this I (P day of.7uN2 , 19Q7, between the United States of
America, acting by and through the Forest Service, Department of Agriculture,
hereinafter called Grantor, and Albert G. Timroth, Donna M. Timroth, and
Grant C. Timroth, as tenants in common, of P.O. Box 89, Town of Aspen, State of
Colorado, hereinafter called Grantees.
WITNESSETH: The Grantor is authorized to convey certain National Forest System
lands by the act of January 12, 1983 (96 Stat. 2535; 16 U.S.C. 521c).
NOW THEREFORE, the Grantor, for and in consideration of land in Pitkin County,
Colorado containing 27.845 acres, more or less, the receipt whereof is hereby
duly acknowledged, does hereby remise, release, and quitclaim unto the
Grantees, its successors and assigns all it's right, title, and interest , in
and to the real property situated in the County of Pitkin, State of Colorado,
described as follows:
Township 10 South Range 84 West, 6th P.M.
The East 1/2 of Lot 33, Section 7
Containing 0.785 acres, more or less.
ISUBJECT TO:
O 1b
1. All easements and rights -of -way of record.
IN WITNESS WHEREOF, the Grantor by its duly authorized representative has
xecuted this deed pursuant to the delegation of authority promulgated in Title
CFR 2.42 and 49 F.R. 34283, August 29, 1984.
UNITED STATES OF AMERICA
A �Ijl P
�• By: C • /�1�
eAQ�fi BEN L. DEL VILLAR
N;A �!Acting Forest Supervisor
0
White River National Forest
OF cot-0 Forest Service
United States Department of Agriculture
ACKNOWLEDGEMENT OF INDIVIDUAL
STATE OF COLORADO
COUNTY OF GARFIELD )
On this / % day of JK,r/e 1977, before me, 4-4
Y-, a Notary Public in and for said State, th principal office in
Garfiel County, personally appeared Ben L. Del Villar, Acting Forest
Supervisor, White River National Forest, known to me to be the person whose
name is subscribed to the within instrument, and acknowledged that he executed
the same.
WITNESS my hand and official seal the day and year first above written.
My commission expires
Notary Public
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• INTERCHANGE DEED
THIS DEED, made this U day of T'u K 2 , 19g1, between the United States of
America, acting by and through the Forest Service, Department of Agriculture,
hereinafter called Grantor, and Albert G. Timroth, Donna M. Timroth, and
Grant C. Timroth, as tenants in common, of P.O. Box 89, Town of Aspen, State of
Colorado, hereinafter called Grantees.
WITNESSETH: The Grantor is authorized to convey certain National Forest System
lands by the act of January 12, 1983 (96 Stat. 2535; 16 U.S.C. 521c).
NOW THEREFORE, the Grantor, for and in consideration of land in Pitkin County,
Colorado containing 27.845 acres, more or less, the receipt whereof is hereby
duly acknowledged, does hereby remise, release, and quitclaim unto the
Grantees, its successors and assigns all it's right, title, and interest , in
and to the real property situated in the County of Pitkin, State of Colorado,
described as follows:
Township 10 South Range 84 West, 6th P.M.
The West 1/2 of Lot 33, Section 7
Containing 0.785 acres, more or less.
SUBJECT TO:
1. All easements and rights -of -way of record.
IN WITNESS WHEREOF, the Grantor by its duly authorized representative has
executed this deed pursuant to the delegation of authority promulgated in Title
7 CFR 2.42 and 49 F.R. 34283, August 29, 1984.
BONT�G`Rf o
OF CCVP
STATE OF COLORADO
COUNTY OF GARFIELD
UNITED STATES OF AMERICA
By: 04-7 -//A
�'h
BEN L. DEL VILLAR
Acting Forest Supervisor
White River National Forest
Forest Service
United States Department of Agriculture
ACKNOWLEDGEMENT OF INDIVIDUAL
On this y, day of —1 6t1f- , 19Q7, before me, Ld Al
IJp�J�/�•�S�y-, a Notary Public in and for said State, wi h principal office in
Garfield County, personally appeared Ben L. Del Villar, Acting Forest
Supervisor, White River National Forest, known to me to be the person whose
name is subscribed to the within instrument, and acknowledged that he executed
the same.
WITNESS my hand and official seal the day and year first above written.
w
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0 5My commission expires `a
Notary ublic Dat
0 INTERCHANGE DEED
THIS DEED, made this I � day of ;iuH -e , 1911, between the United, States of
America, acting by and through the Forest Service, Department of Agriculture,
hereinafter called Grantor, and Albert G. Timroth, Donna M. Timroth, and
Grant C. Timroth, as tenants in common, of P.b. Box 89, Town of Aspen, State of
Colorado, hereinafter called Grantees.
WITNESSETH: The Grantor is authorized to convey certain National Forest System
lands by the act of January 12, 1983 (96 Stat. 2535; 16 U.S.C. 521c).
NOW THEREFORE, the Grantor, for and in consideration of land in Pitkin County,
Colorado containing 27.845 acres, more or less, the receipt whereof is hereby
duly acknowledged, does hereby remise, release, and quitclaim unto the
Grantees, its successors and assigns all it's right, title, and interest , in
and to the real property situated in the County of Pitkin, State of Colorado,
described as follows:
Township 10 South Range 84 West, 6th P.M.
The West 1/2 of Lot 33, Section 7
Containing 0.785 acres, more or less.
SUBJECT TO:
1. All easements and rights -of -way of record.
IN WITNESS WHEREOF, the Grantor by its duly authorized representative has
executed this deed
pursuant to the delegation of authority promulgated in Title
7 CFR 2.42 and 49
F.R. 34283, August 29, 1984.
UNITED STATES OF AMERICA
a
aY P.
N/YMAN
By:
BONI RAG
BEN L. DEL VILLAR
:Q
Acting Forest Supervisor
\
�.• �,P
White River National Forest
OF C��'�-'
Forest Service
United States Department of Agriculture
ACKNOWLEDGEMENT OF INDIVIDUAL
s
-
STATE OF COLORADO
)
COUNTY OF GARFIELD
)
On this
day of -J eVI ? 1911, before me, 4% i /t/
_,�,_
a
Notary Public in and for said State, with principal office in
Garfield County, personally appeared Ben L. Del Villar, Acting Forest
Supervisor, White
River National Forest, known to me to be the person whose
name is subscribed to the within instrument, and acknowledged that he executed
the same.
IWITNESS my hand and official seal the day and year first above written.
My commission expires `� %
Notary ublic Dat
U
0 s
INTERCHANGE DEED
THIS DEED, made this L(P day of JrI44)2 , 19�1, between the United States of
America, acting by and through the Forest Service, Department of Agriculture,
hereinafter called Grantor, and Albert G. Timroth, Donna M. Timroth, and
Grant C. Timroth, as tenants in common, of P.O. Box 89, Town of Aspen, State of
Colorado, hereinafter called Grantees.
WITNESSETH: The Grantor is authorized to convey certain National Forest System
lands by the act of January 12, 1983 (96 Stat. 2535; 16 U.S.C. 521c).
NOW THEREFORE, the Grantor, for and in consideration of land in Pitkin County,
Colorado containing 27.845 acres, more or less, the receipt whereof is hereby
duly acknowledged, does hereby remise, release, and quitclaim unto the
Grantees, its successors and assigns all it's right, title, and interest , in
and to the real property situated in the County of Pitkin, State of Colorado,
described as follows:
Township 10 South, Range 84 West 6th P.M.
The East 1/2 of Lot 33, Section 7
Containing 0.785 acres, more or less.
SUBJECT TO:
1. All easements and rights -of -way of record.
IN WITNESS WHEREOF, the Grantor by its duly authorized representative has
S xecuted this deed pursuant to the delegation of authority promulgated in Title
7 CFR 2.42 and 49 F.R. 34283, August 29, 1984.
�. UNITED STATES OF AMERICA
a o� p,R Y p��
alµ By:
Ink
BEN L. DEL VILLAR
,'0 Acting Forest Supervisor
White River National Forest
cot-0 Forest Service
United States Department of Agriculture
ACKNOWLEDGEMNT OF INDIVIDUAL
1 STATE OF COLORADO )
COUNTY OF GARFIELD )
On this —( day of Trert/41- 197_7, before me, Gfi
y-, a Notary Public in and for said State, th principal office in
Garfiel County, personally appeared Ben L. Del Villar, Acting Forest
Supervisor, White River National Forest, known to me to be the person whose
name is subscribed to the within instrument, and acknowledged that he executed
the same.
WITNESS my hand and official seal the day and year first above written.
My commission expires
Notary Public
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EXHIBIT 2
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Pitkin County Community Development Dept.
130 S. Galena Street
Aspen, CO 81611-1975
1 RE: 1041 Hazards Review Application for Government Lot 33
To whom it may concern:
I hereby authorize Haas Land Planning, LLC, to act as my designated and
authorized representative with respect to the land use application being
submitted to your office for the above -captioned property. Mitch Haas is
authorized to submit an application for 1041 Hazard Review & Conceptual
Submission and any incidental approvals associated therewith. He is also
authorized to represent me in meetings with Pitkin County staff, the Hearing
Officer, the Planning and Zoning Commission, and the Board of County
Commissioners.
Should you have any need to contact me during the course of your review,
please do so through Haas Land Planning, LLC, whose address and telephone
number are included in the application.
Mr. Al . Timroth, President
P.O. Box 375
Basalt, CO 81621
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EXHIBIT 3
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PITE1 N COUNTY
PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: Suzanne Wolff DATE: 11/25/03
PROJECT: Timroth 1041 Hazard Review and Conceptual Submission
LOCATION: Spruce St. PARCEL ID#273707100040
REPRESENTATIVE: Mitch Haas
OWNER: Timroth LLLP
Type of Application: 1041 Hazard Review and Conceptual Submission
Description of Project/Development: Applicant proposes to establish a building envelope for a single
family residence. The property is outside of the Urban Growth Boundary.
Land Use Code Sections to address in letter of request/application:
➢ Article 2, Land Use Policies
➢ 3-60, Environmental & Aesthetic Standards:
➢ 3-80, 1041 Hazard Review:
o Geologic: Slopes & rockfall (?)
o Wildfire: severe wildfire hazard
o Wildlife: no mapped habitat
➢ 3-110, Improvements & Services
➢ 9-110-051, GMQS Exemption
The property is within the mapped Scenic Overlay
Staff will refer to: Engineer, Aspen Fire, City of Aspen Planning Staff, ACSD, Wildlife Officer
Review by: Hearing Officer
Public Hearing? YES. The applicant shall post a public notice sign on the property at least 15 days
prior to the hearing and shall mail notice to all adjacent property owners and mineral estate owners at
least 30 days prior to the hearing with the return address of the Community Development Department
(copy of notice to be obtained from the Community Development Department). The names and
addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60
days prior to the date of the public hearing.
' FEES: $2,650 (make check payable to "Pitkin County Treasurer")
➢ Planning flat fee: $2,100 (non-refundable; based on 9 hours of staff time; if staff review time
exceeds 10.8 hours, the Applicant will be charged for additional time at a rate of $210/hour)
➢ $525 Engineer referral
➢ $25 Public notice
➢ $135/hour: Hearing Officer (to be billed after review is completed)
To apply, submit 8 copies of the following information, unless noted otherwise:
1. Letter of request, addressing Code Sections listed above;
2. 24" x 36" Site Plan that complies with the provisions of Section 5-70-040
3. Floor plans & elevations (if scenic overlay approval is requested)
4. Photos of site as seen from designated rights -of -way (if scenic overlay approval is requested)
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5. Parcel description, including legal description and vicinity map
6. Application fee;
7. Proof of ownership;
8. Documentation of how and when the lot was created (2 copies);
9. Documentation of adequate legal access to the parcel (2 copies);
10. Agreement for Payment form (2 copies).
11. Consent from owner(s) to process application and authorizing the representative (1 copy)
12. Copy of this pre-app form (1 copy)
13. List of all adjacent property owners and mineral estate owners (1 copy)
hYlyrAIA
➢ In addition to the paper copies, all text documents must be submitted in digital format, Acceptable
digital formats are: text (txt), Microsoft Word (doc), Word Perfect (wpd), and Rich Text Format
(.ro.
➢ PLEASE SUBMIT TWO-SIDED COPIES OF ALL APPLICATION MATERIALS (IF POSSIBLE).
➢ ALL MAPS SHALL BE FOLDED.
➢ This pre -application conference summary is advisory in nature and not binding on the County. The
information provided in this summary is based on current zoning standards and staff's
interpretations based upon representations of the applicant. Additional information may be required
upon a complete review of the application.
EXHIBIT 4
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BRUCE A. COLLINS, PH.D.
GEoLoGwAL AND NAnw-AL RfsouRcE CommTws
P.O. Box 23 • 1116 MINEoTA DRIvE
SILT, COLORADO 81652
PHONE/FAx (970) 876-5400
bacol@rof.net
December 19, 2003
Mitch Haas
Haas Land Planning, LLC
201 North Mill Street Suite 108
Aspen, Colorado 81611
ENVIRONMENTAL,
EXPLORATION,
AND MINING
GEOLOGY
Gerry Timroth
P.O. Box 89
Aspen, Colorado 81612
RE: SMUGGLER MOUNTAIN GOVERNMENT LoT 33,
77MROTH PROPERTY, PIT IN COUNTY
Dear Mr. Haas:
I have completed my geologic investigation, as required by H.B. 1041 and Pitkin County Code
§ 3-80-050, of the above -referenced property on the lower slopes of Smuggler Mountain, just
east of the Aspen city limits. The property consists of 1.581 acres comprising Government Lot
33, in the northeast quarter of the Aspen 7.5 minute quadrangle, Pitkin County, Colorado.
Government Lot 33 is an irregularly -shaped parcel bounded mostly by the Pride of Aspen claim
to the south and the Cora Lee claim to the north.
' Geologic Setting. The tract is located on intermediate -age glacial moraine deposits (mapped as
Qmc by Bryant,1971'), on relatively evenly -sloping ground between the apexes oftwo ill-defined
alluvial fans which overlie the till to the north, south, and west and the minor ephemeral
drainages, both of which originate near the top of Smuggler Mountain in the vicinity of the
Bushwacker Shaft, that produced the fans. There are no drainages on the property itself,
although a modestly -developed ridge that forms the north bank of the south drainage crosses
the proposed access envelope and that portion of the lot that lies below it. Vegetation on the
tract consists primarily of Gambel oak, with mountain big sagebrush, serviceberry, and a variety
of grasses. The moraine material consists of mostly -Precambrian quartz monzonite, gneiss, and
schist pebbles, cobbles, and subrounded to subangular boulders up to 5 ft in maximum
dimension, with a few larger, in a matrix of mostly sand derived from the same materials, of
unknown thickness. The moraine and overlying alluvial fan materials to the immediate northwest
through southwest are quite similar, and in fact cannot be easily differentiated except by
variation in form. Bedrock beneath the alluvium is probably either upper Belden Shale ([Pb) or
Gothic (Minturn) Formation (JPg), both of Pennsylvanian age, with bedding dipping northwest
between 35' and 55°. The Belden consists mostly of black carbonaceous shales and bituminous
limestones, while the Gothic is gray, tan, and brown calcareous sandstone, siltstone, shale, silty
limestone, and limestone. Because faulting in the area is obscured by surface cover, it is also
possible that bedrock is in part lower Maroon Formation (Ppm), grayish -red to bright -red
I
' Bryant, B., 1971, Geologic map of the Aspen quadrangle, Pitldn County, Colorado: U.S. Geological Survey
Geologic Quadrangle Map GQ-933.
PAGE 2
fl
conglomerates, sandstones, and siltstones (Bryant,1971). Proximity to components of the Della -
Smuggler fault complex, a group of northwest -southeast trending normal faults which dip
southwest at 30' to 40' and which were significant in localizing the ore deposits of Smuggler
Mountain, is unknown, while major projections of the generally southwest -northeast Aspen
Mountain faults are well to the north and south of the property. The principal mine openings in
the area, the Smuggler shaft and tunnels, the Free Silver Shaft, and the Molly Gibson shaft, are
grouped in an area about 1/3-mile south of the property. The portal of the Cowenhoven Tunnel
was located about 1,530 ft southwest, and the tunnel itself, which was driven almost west -to -
east, passes within 850 ft of the center of Government Lot 33. Unverified information recently
obtained indicates that the Free Silver 11"' Level extends northeasterly beneath the southeast
cornet of Lot 33 from the General Jackson claim into the southwestern part of the Ballarat claim,
at a depth of over 1,000 feet. The deeper 17" level extends across the north -central Ballarat
boundary into the northeastern part of Lot 33. None of these workings are beneath the proposed
building envelope. While there was significant stoping off the 11"' level, which is equivalent to
the Smuggler 12'h and Della S 16'h southwest and northeast of the property respectively, the
maps suggest only prospect winzes on about 40-ft centers in the vicinity of Lot 33. A limited area
of stoping is indicated off the 17", well away from the envelope. There are numerous other mine
openings for exploration and ventilation to the east, as well as small unconnected discovery
"shafts" (no more than 15 ft deep) and prospect pits in the area.
3-80-050-A. Avalanche Hazard. The area is not included in high or moderate avalanche hazard
zones on Pitkin County geologic hazard maps (Colorado State University, 1974). On the basis
of slope angles in excess of 25%, most of Smuggler Mountain is included in "Areas of potential
avalanches and/or areas of rock fall" on generalized maps published by the Colorado Geological
Survey (Olander, et al., 19743). Avalanche hazard recognition, evaluation, and mitigation is a
highly specialized field that is not my area of expertise, and if an accurate assessment of the risk
and recommendations for mitigation are desired you should seek the opinion of a qualified
professional.
3-80-050-B. Landslide Hazard. The area is not included in landslide hazard areas on Pitkin
County or Colorado Geological Survey geologic hazard maps. Bedrock in the area consists of
bedded sedimentary rocks dipping steeply (35' to 55°) northwest, roughly parallel to surface
slopes dipping somewhat less -steeply to the west, covered by a veneer of glacial till of unknown
thickness. Site -specific soil testing prior to foundation design should be sufficient to establish
either depth to bedrock or that sufficient moraine material is present to prevent potential
slippage of thin alluvial cover against dipping bedrock. While moraine materials are generally
stable, cuts on slopes greater than 10% and more than four feet high should be supported by
engineered retaining walls, and any foundation cut into such a slope should be designed as a
retaining wall.
z Colorado State University (CSU), 1974, Pitkin County, Colorado — Lower Roaring Fork Valley: unpublished
environmental resources analysis maps.
3 Olander, H.C., Lamm, N.B., and Florquist, BA., 1974, Roaring Fork and Crystal valleys, an environmental and
engineering geology study, Eagle, Garfield, Gunnison, and Pitkin Counties, Colorado: Colo. Geol. Survey Environmental
Geol. No. 8; 30 p.
n
PAGE 3
3-80-050-C. Potentially Unstable Slopes Hazard. The proposed building envelope portion of
Government Lot 33 is included in a potentially -unstable slope area (Pa) on Pitkin County geologic
' hazard maps. The proposed envelope consists of slopes in excess of 30%. Keeping in mind the
soil testing and design limitations regarding the bedrock -moraine contact that are dependant
thereon as discussed above, the nature of the moraine materials is such that construction on
such slopes is possible so long as all excavations, including foundations, are adequately
supported with or designed as retaining walls, with appropriate drainage on the upslope side(s).
Artificial irrigation of landscaping should be avoided completely unless subgrade drains to a
' natural unobstructed drainage, evaporative catch basin(s), or other method(s) to prevent
uncontrolled infusion of irrigation water can be installed. Foundation design and construction
must distribute weight sufficiently over the cut -and -fill area so as to assure stability, including
but not limited to anchoring to bedrock, installation of friction anchors, pilings, and so on as
necessary depending on soil testing and subsequent engineering analysis. Considering the
steepness of the natural slopes, cuts, fills, and other excavations should be minimized,
steepening of existing slopes should be avoided, and all disturbed areas not covered by
construction should be graded so that they can be revegetated, keeping in mind that such
' revegetation must be subject to the restrictions on irrigation discussed above. It should be noted
that slopes present on Lot 33 are similar to those found in many Pitkin County locations that
have been approved for development, and that excavation, foundation, grading, and landscaping
I
design and construction techniques for such locations are well -established.
f 3-80-050-D. Rockfall Hazard. The area is not included in rockfall hazard areas on Pitkin County
' geologic hazard maps. As previously noted, on the basis of slope angles in excess of 25% most
of Smuggler Mountain is included in "Areas of potential avalanches and/or areas of rock fall" by
the Colorado Geological Survey (Olander, et a1.,1974). There are no significant exposures of rock
cliffs or ledges above Government Lot 33, and no indication of rockfall in recent time in the
immediate area. Rockfall hazard to the property is therefore considered minimal. However,
considering the semirounded shape of many of the boulders exposed on the surface of Smuggler
' Mountain above the property, as on similar slopes elsewhere in the Aspen area there is the slight
risk of such rocks being dislodged by freeze -thaw action or precipitation, wildlife, or human
activities. Since these conditions are found in areas of Pitkin County that have been previously
iapproved for development, site -specific design and construction techniques for mitigating the
hazard in such locations are well -established.
4 3-80-050-E. Alluvial Fan Hazard. The area is not included in an alluvial fan hazard area on Pitkin
County, State of Colorado, or Bryant geologic hazard maps.
4 3-80-050-F. Talus Slope Hazard. The area is not included in a talus slope hazard area on Pitkin
County, geologic hazard maps.
3-80-050-G. Mancos Shale hazard. The area is not included in a Mancos Shale hazard area on
Pitkin County, State of Colorado, or Bryant geologic hazard maps.
� 3-80-050- H. Faults hazard. The area is not included in a faults hazard area on Pitkin County
geologic hazard maps. Government Lot 33 is located in a complexly -faulted area although the
exact relationship between these faults, extensively exposed and mapped in the Smuggler
Mountain mines, and Lot 33 is not known. While there has been no known movement on these
faults in historic time and probably none for thousands or even millions of years, earthquakes
PAGE 4
of up to Mercalli Intensity VI' have occurred in the Aspen area within the last few decades;
therefore, new structures should be designed and constructed according to the Uniform Building
' Code provisions for Seismic Zone 2A.
§ 3-80-050-1. Expansive Soil and Rock Hazard. The area is not included in an expansive soil and
' rock hazard area on Pitkin County, State of Colorado, or Bryant geologic hazard maps.
_& 3-80-050-1. Ground Subsidence Hazard. There is the potential for voids created in glacial till by
' piping, hydrocompaction, @r differential compaction. Detection of such voids can be
accomplished by adequate soil testing, and mitigated if necessary by proper foundation design.
' While substantial portions ofSmuggler Mountain have been undermined, subsidence events have
been rare, even directly above shallow major stopes. In most cases such larger mined -out areas
were backfilled with barren material from drifts, raises, winzes, and other openings driven for
haulage, ventilation, and prospecting. The closest mapped stope to Lot 33 appears to be over
200 ft from the south boundary of the building envelope at a depth of about 1,200 ft in an area
between the Della S 11' and Free Silver 11t' levels, with the map suggesting at least partial
backfilling. The Free Silver 11"' Level drift passes beneath the southeast corner of the property
at similar depths While several winzes were sunk from the Free Silver 11"' Level, the deepest
workings of the Smuggler Mine (which combined both the Free Silver and Della S, among others)
' at this location, for prospecting, sumps, or both, on about 40-ft centers, no stoping is indicated.
Drifts, winzes, and other such openings were typically no more than 10 ft wide and 6 to 8 ft high.
Subsidence effects on Lot 33 due to underground mining are therefore highly unlikely. It should
' also be noted that all of these workings are flooded up to the Cowenhoven Tunnel level,
approximately 7,950 feet, or between 240 and 290 ft beneath the envelope.
' General. Access to the proposed envelope is by approved easement from North Spruce Street
across portions of Cora Lee Subdivision Lots 2 and 3 to the north boundary of Government Lot
33 (and across Lot 33 into Smuggler Mountain Parcel Q. The access road will require crossing
' slopes exceeding 30% and includes cutting through the low ridge mentioned previously. From
the site plan provided, grade across the property is an average of 5.5% up to the south. A
' qualified engineer will be required to design cuts, fills, and support structures in accordance with
§ 3-80-050-C. There are no drainages that cross the designated access envelope. The moraine
materials present on the property are not known to contain radioactive minerals, but
' nevertheless all inhabited spaces should be designed and constructed to prevent the
accumulation of radon or other noxious or toxic gases. City of Aspen water and Aspen
Consolidated Sanitation District sewer as well as other utilities will be provided to the property
via existing easements from Spruce Street to the west corner of Lot 33, and a proposed accessory
envelope to the building envelope.
' Conclusions. The most significant geologic hazards which affect Government Lot 33 are the
steepness of the slopes on the property and the nature of the glacial till. These hazards can both
be addressed by proper soil testing and foundation design as well as the installation of retaining
4 Roughly equivalent to magnitude 5 on the more -familiar Richter scale. Earthquakes ofthis magnitude are felt
' by all, with damage from minor to moderate.
51t should be noted that there are discrepancies in level designations between maps from different sources.
Also, significant workings, including stopes, are known that do not appear on available maps.
PAGE 5
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walls or other structures to support excavations and fills. To minimize the already -slight rockfall
hazard I would suggest final grading and landscaping to prevent rolling rocks from striking the
structure, as well as stiffening the first three feet of the structure that extends above grade and
limiting openings in this interval. Angling the structure so that significant portions thereof are
not perpendicular to the slope would further limit this hazard.
Geologic hazards affecting Government Lot 33 are not significantly different from those affecting
many sites in Pitkin County previously approved for development. The property is in a
geologically sensitive area, but with mitigation the hazards to which the property is exposed can
be minimized; nothing in this report, however, should be construed as suggesting that
mitigations recommended herein can or will eliminate such hazards in their entirety. If you have
any questions or require any further information, please do not hesitate to contact me.
IMPatTNvr Nornm This report concerns natural processes that are unpredictable and in large measure poorly understood. it
is intended to identify potential observable hazards within the scope of work to which the subject property is exposed and
to suggest mitigating measures in compliance with applicable regulations. Nothing in this report should be construed or
interpreted as suggesting the absence of the described hazards, or that the recommended mitigations will protect the subject
property from the described hazards under all circumstances, foreseen or unforeseen. Nothing in this report should be
construed or interpreted as suggesting that additional unidentified hazards are not present. It must also be understood that
"mitigation" does not mean either the elimination of the hazard(s) or prevention of the consequences of a hazard event or
events, only the reduction to the extent reasonably possible of the latter. By accepting this report all present and subsequent
parties thereto agree to indemnify and hold harmless the preparer for any and all damages, direct, indirect or consequential,
including personal injury or loss of life, above and beyond the original cost of this study, caused by or resulting from any
occurrence of the described or other hazard(s), whether or not such damages may result from failure to identify said hazard(s)
or from failure or inadequacy of property engineered, constructed, and maintained recommended mitigations. The preparer
of this report cannot and will not be responsible in anyway or manner whatsoever for the proper engineering, construction,
and/or maintenance of recommended mitigations, or the inadequacy or failure of improperly engineered, constricted, and/or
maintained recommended mitigations, or mitigations that have been altered in anywaywhatsoever from those recommended
by the preparer. This report may be amended or withdrawn without notice at any time prior to receipt of payment therefor.
EXHIBIT 5
ROCKY MOUNTAIN ECOLOGICAL SERVICES, INC.
NEPA••WILDLIFE••VEGETATION••RECLAMATION•-WETLANDS•-PLANNING
December 2, 2003
Haas Land Planning
201 N. Mill Street, Suite 108
Aspen, CO 81611
RE: Timroth Property 1041 Wildfire Hazard Review
Dear Mr. Haas
Please submit this letter with your application to Pitkin County.
I visited the Timroth property on Lot 33 of the Government Subdivision, in Pitkin County,
on November 18, 2003 with Mr. Mitch Haas, the owner's representative. Mr. Haas is
preparing a 1041 site review for development of the property to contain a single family
home. The property and area around it are considered "Severe Hazard: Brush", due to
the fact that the slope is greater than 20% (actual slope averaged 48%) and the fuels
were continuous. Therefore, the following Mitigations are recommended for any new
construction:
I. Vegetation
1. From the farthest point of the new
construction, extending out to 25',
all brush (oak, serviceberry,
chokecherry, sagebrush, etc.)
must be removed. It is
recommended that any remaining
clumps within 30' of the structure
be irrigated to keep live fuel
moistures high during the summer
months.
2. Oak brush shall be thinned to 4x
the height of the remaining brushy
plants within 50', and must be
limbed up to 10' and all sprouts
and understory shrubs must be
removed and kept trimmed. If any
coniferous trees (including planted
trees) are fairly close to the house
(<10 feet), then they may be
considered to be an integral part
0222 BOBCAT LANE • REDSTONE • COLORADO • 81623
PHONE/FAX: (970) 963-2190 • CELL: (970) 309-4454
EMAIL: ERICPETTERSON@MSN.COM
Timmth/Lot 33 Properly 1041 Wire Ha.Zard Review
December 2, 2003
of the structure, and all clearances will start at the furthest extent of the tree crown.
3. Beyond 50', bush and shrubs must be thinned to 3 times the height distance to 65'
from the dwelling, or to the extent of the property boundary (whichever is the shorter
distance).
4. All other vegetation must be kept to less than 1' (1 foot) in height up to 30' from any
structures. A few scattered smaller shrubs can be left from 25' and beyond. Weeds
and grasses within a twenty -foot (20') perimeter shall be maintained to a height of not
more than six inches (6").
5. All branches from trees and brush within the thirty-foot perimeter shall be pruned to a
height of ten feet (10') above the ground with removal of ladder fuels from around
trees and brush.
6. All deadfall within a 70' perimeter of the house shall be removed.
7. All thinned oak brush, serviceberry or chokecherry stumps should be "painted" with
Garlon@ herbicide to prevent aggressive resprouting.
8. Installed or native landscaping within 20' of the house must be irrigated, and not
contain any brushy or coniferous species- only grasses or (orbs are allowed.
Flammable mulches (wood chips) are not recommended. Aspen trees are allowed
near the house, as long as they are not within 10' of the structure, and are kept
limbed to 10' (unless the trees are less than 10' tall). No trees of any species may be
within 15' of any window.
9. The property owner shall be responsible for the continued maintenance of the above
listed vegetation requirements.
r'�ocky Mountain Ecological Services, Inc
I
Timmtb/Lot 33 Property 1041 Wildfire Hazard Review
December 2, 2003
I
The following Modred Structural Design and Construction Standards are recommended
for any new structures:
I. Projections:
1. Projections at the roofline (which includes, but are not limited to: eaves, cornices,
soffits and roofs over open decks) shall be sheathed with materials approved for
one -hour fire -resistive construction.
2. For projections below the roofline (including, but not limited to: exterior balconies,
decks, porches, and bay windows which extend over a flat or sloped surface), the
open space between grade and the underside of projections below the roofline
shall be enclosed by solid, vertical walls. These walls shall be constructed with
materials approved for one -hour fire -resistive construction on the exterior side of
the wall, and shall extend from the top of grade to the underside of the floor
decking or walls of the projection, OR:
3. Any porch or deck or projection shall be void of vegetation below it, and areas
below such projections shall be protected from accumulation of vegetation
materials by placement of a vegetation barrier covered with rocks or gravel, or by
coverage with concrete or stone. Walls underneath projections shall be
constructed with materials approved for 1-hour fire resistive construction on the
exterior side of the wall. Pillars or columns shall be of non-flammable materials,
or if wood, made out of heavy log construction and treated with a fire retardant.
The underside of any porch, deck or projection shall be sheathed in 1-hour fire
resistive materials, or with fire -retardant treated wood.
4. An alternative for a deck or porch is use of non-flammable hardscaping
(flagstone, cement pad, etc.). Some planters may be in this area, but cannot
contain trees (except aspen) or shrubby species.
III. Exterior Walls and Siding
1. Exterior walls and siding shall have a minimum one -hour fire resistive rating on
the house and any other structures from ground level to roof line. Exterior doors
shall be noncombustible or one and three -fourths inch (1' % °) solid wood.
IV. Windows and Glass
1. Glazed openings shall be provided with closable, solid, exterior non-flammable
shutters or shall be tempered glass.
V. Foundations and Stilt Construction
1. Foundations, skirting and crawl space openings shall be fully enclosed and
constructed with materials approved for 1-hour fire resistive construction on the
JMRocky Mountain Ecological Services, Inc
Timmtbl Lot 33 Property 1041 WiW" Hazard Bevim
December 2, 2003
exterior sides of the walls and shall extend from the top of grade to the underside
of the floor decking or walls.
2. Stilt foundations shall be fully enclosed and constructed with materials approved
for 1-hour fire resistive construction on the exterior side of the walls and shall
extend from the top of grade to the underside of the floor decking or walls (not
including porches, patios, etc.).
VI. New Roofing
1. Any new roofs shall be constructed with non-combustible roofing materials on a
Class A roof assembly (see UBC 1997 Section 1504).
2. Roofs shall be installed as required by UBC 1997 Chapter 15 and shall have a
minimum slope of 1:48.
3. All roof coverings shall have a surface that facilitates the natural processes of
cleaning the roof.
4. Vents shall be screened with a maximum %" corrosive resistant wire mesh.
VII. Maintenance
1. Roofs and gutters shall be kept clear of debris.
2. Yards shall be kept clear of all littler, slash and flammable debris.
3. All flammable materials (including firewood) shall be stored on a parallel contour a
minimum of 30' from any structure, or within a separate structure.
Vill. Miscellaneous
1. Fences shall be kept clear of brush and debris, and must have at least a 3° gap
between the fence and the main structure. Non-flammable, or treated wood
fencing material is recommended, but not required, within 20' of any structures.
2. Any outbuildings or additional structures shall adhere to the same standards as
the main house.
3. Each structure shall have a minimum of one ten -pound ABC fire extinguisher.
4. Addresses shall be clearly marked with 2" non-combustible letters and shall be
visible at the primary point of access from the public or common access road and
installed on a non-combustible surface.
5. Fuel tanks shall be installed underground with an approved container.
6. Propane tanks shall be buried, or installed according to NFPA 48 standards and
on a contour away from the structure with standard defensible space vegetation
mitigation around any aboveground tank (i.e. no shrubs within 30' of the tank).
Rocky Mountain Ecological Services, Inc
4
Any wood enclosure around the tank shall be constructed with materials approved
for two (2) hour fire -resistive construction on the exterior side of the walls.
IX. Access '
Thin shrubs (oak,
chokecherry,
serviceberry,
sagebrush) to 3 times
height along the
driveway back 25' on
either side. Stumps
must be painted with
Garcon herbicide to
prevent aggressive re -
sprouting. No shrubs
or conifers are
allowed within 10' of
the driveway. Aspen
are permitted within
10' of the driveway,
but must be pruned to
10' above the ground.
2. All other vegetation must be kept to 6" or less within 10' of the driveway.
3. New driveways shall enter the roadway at a ninety -degree angle for the first 25' of
the driveway (this is to facilitate fire -truck access). However, it is likely that fire
trucks would stop at the end of Spruce drive. Mr. Haas may wish to check with
the fire department regarding this (contact Mr. Ed VanWalraven with the Aspen
Fire Protection District).
X. Water Supply
1. Any fire department recommendation for individual structure water supply and
' storage shall be accessible to fire department vehicles from the exterior of the
structure through a Fire Department approved mechanism (such as a fire
hydrant). The amount of storage capacity shall be determined by the fire
protection district with a minimum of one thousand (1,000) gallon storage capacity
per structure.
F1
2. All livable structures shall be required to install in-house sprinkler systems that
meet the standards of the local fire protection district and the Uniform Building
Code. At building permit submittal, the Aspen Fire Protection District may require
smaller structures to be sprinkled due to hazard considerations, emergency
access difficulties and lack of proximity to fire protection services.
Rocky Mountain Ecological Services, Inc
,. I
1,.
Timmth/Lot 33 Prvpert, y 1041 Wi4re Hazard Review Deammber 2, 2003
IXI. Utilities
1. Utility lines shall be buried.
XII. Building Envelope and Wildfire Hazard Area Delineation
1. Concurrent with building permit submittal, a site plan that meets the requirements
of section 5-70-040 shall be submitted that delineates all development within a
building envelope (wildfire mitigation, and creation of defensible space, may occur
outside the building envelope). Wildfire hazard areas shall be delineated within
the building envelope consistently with the definitions of section 3-80-070A.1;
' provided that, in the case of varying hazard levels within the building envelope, it
shall be sufficient to label the entire envelope with the highest level hazard. The
building envelope and a hundred -foot radius surrounding all structures shall be
clearly labeled as either low hazard, medium hazard; or severe hazard.
XIII. Appeal
' An appeal pursuant to section 3-290 and/or 3-300 is available to any party aggrieved
by a decision rendered pursuant to these Wildfire Mitigation Recommendations.
' The standards stated in 3-80-070 Wildfire Hazard Areas, has been slightly modified for the
conditions at this property. Thank you for this opportunity to comment on this property, and
please feel free to call if you have any questions.
' Sincerely,
Eric Petterson
' Principal Ecologist
Rocky Mountain Ecological Services, Inc.
PR!ky Mountain Ecological Services, Inc
EXHIBIT 6
I
...................... .... ........................... ................. - - -
r PITKIN COUNTY WILDLIFE MANAGEMENT
' MEMORANDUM
'
TO:
Mitch Haas, Haas Land Planning
FROM:
Jonathan Lowsky, Pitkin County Wildlife Biologist
rSUBJECT:
Timroth 1041 Hazard Review
DATE:
11 /3/2000
r
' The Timroth Property lies along the Gambel Oak-Serviceberry dominated lower slopes of Smuggler
Mountain. These slopes provide habitat for a diverse array of wildlife from songbirds and raptors to black
bears, mule deer, and elk. Although the Timroth property is not within any wildlife habitat mapped by the
Colorado Division of Wildlife it is important to note that mule deer use this habitat throughout the non -
winter months and elk migrate through on their way between winter and summer ranges. Black bears are
very active in this area and there is a history of human/black bear conflicts.
' Given the above, the following conditions should be applied minimize impacts to wildlife:
1. Fencing outside the building envelope must comply with §3-80.080(A)(10) and §3-80.080(A)(11) of the
' Pitkin County Land Use Code.
2. Dogs should be kenneled as per §3-80.080(D)(2).
' 3. Native vegetation must be maintained outside the building envelope as per §3-80.080(A)(3).
4. An orange safety fence should be erected around the building envelope during construction to prevent
rand inadvertent impacts to native vegetation.
5. Installation and use of approved bear -proof trash containers' should be required. Verification of this
condition should be required prior to issuance of a certificate of occupancy.
6. If possible, utility lines should be buried.
r
7
L
1
IA bear proof trash container must be a fully enclosed, steel container of any size with a steel lid that has a two step opening mechanism. Approval is
' granted by the Pitkin County Wildlife Biologist or personnel of the Colorado Division of Wildlife.
r 76 SERVICE CENTER ROAD • ASPEN, CO • 81611
PHONE: 970/920.5395 • FAX: 970/920-5374
EXHIBIT 7
1
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF DEVELOPMENT APPLICATION FEES
PITKIN COUNTY (hereinafter COUNTY) and ALBERT G. TMIROTH
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to COUNTY an application for 1041 HAZARDS REVIEW
& CONCEPTUAL SUBMISSION (hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 058-2001
establishes a fee structure for Planning applications and the payment of all processing fees is a condition
precedent to a determination of application completeness.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing the
application. APPLICANT and COUNTY further agree that it is in the interest of the parties for
APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to
APPLICANT. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make
additional payments upon notification by the COUNTY when they are necessary as costs are incurred.
COUNTY agrees it will be benefited through the greater certainty of recovering its full costs to process
APPLICANT's application.
4. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to
complete processing or present sufficient information to the Planning Commission and/or Board of
County Commissioners to enable the Planning Commission and/or Board of County Commissioners to
' make legally required findings for project approval, unless current billings are paid in full prior to
decision.
1
1
5. Therefore, APPLICANT agrees that in consideration. of the COUNTY's waiver of its right
to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial
deposit in the amount of $2650.00* which is for nine 9 hours of staff time, and if actual recorded costs
exceed the initial deposit, APPLICANT shall pay additional monthly billings to COUNTY to reimburse
the COUNTY for the processing of the application mentioned above, including post approval review.
Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that
failure to pay such accrued costs shall be grounds for suspension of processing.
PITKIN COUNTY
Cindy Houben
Community Development Director
APPLICANT
Albert G. Timroth
Print Nano
Signa re
Date:
Mailing Address:
P.O. Box 375
Basalt, CO 81621
* = includes $525 Engineering referral fee, and $25 public notice fee
EXHIBIT 8
F-
L
1
u
GOVERNMENT LOT 33
LIST OF ADJACENT PROPERTY OWNERS AND THEIR MAILING
ADDRESSES OF RECORD*
2737-074-00-103:
Aspen Mountain Construction Inc.
PO Box 4067
c/o George Wilkinson
Aspen, CO 81612
2737-074-00-045:
Gleason, Austin & George Anna
3918 Sunset
Shreveport, LA 71109
2737-074000-046: 2737-074-00-002:
Wilkinson, George Marsh DBA Echo Films Timroth, Albert G. Trustee
PO Box 4067 PO Box 375
Aspen, CO 81612 Basalt, CO 81621-0375
2737-071-04-014:
Great West Life & Annuity Ins Co
8515 E Orchard Rd, 3rd Floor Tower 2
Greenwood Village, CO 80111
'
2737-071-00-012:
Lichtensteain, Warren G & Diane
1 Orchard Rd.
Great Neck, NY 11021
11
1
2737-071-04-010:
Lewitz, Cecil & Nancy
711 Spruce Street
Aspen, CO 81611
2737-071-04-801:
Pitkin County
530 E Main St, Ste 302
Aspen, CO 81611
2737-071-00-011:
Porath Family Trust
12400 Wilshire Blvd, Ste 1450
Los Angeles, CA 90025
2737-071-04-013:
Auger, Raymond N & Camilla
709 N. Spruce Street
Aspen, CO 81611
2737-074-00-103, 2737-074-00-045, and 2737-074-00-046 also list the following owner
and address:
New Consolidated Et Al
PO Box 4067
Aspen, CO 81612
*Per the Pitkin County Assessor's Records as of June 21, 2004
0 30 60
TWO F00T CONTOURS
FROM COUNTY G.I.S.
ACCESS TO
SPRUCE STREET
BY OTHERS
IL O T 33 1 ®4 2 HAZARD
PARCEL IDENTIFICATION NUMBER 2737-071-00-040
SLOPES 30-45%
720�
1
30' WIDE ACCES
EASEMENT
PARCEL lE
8220
8230
R IE V H IE W SHTE PLAN
PARCEL F
30' WIDE ACCESS
EASEMENT
PARCEL C
SLOPES 30-45%
VICINITY MAP
LEGEND Al N D NOTES
O FOUND SURVEY MONUMENT REBAR WITH CAP AS DESCRIBED
9 FOUND GOVERNMENT CORNER, BRASS CAP AS DESCRIBED
CALLS IN I 1 FROM COMMITMENT FOR TITLE INSURANCE
PREPARED BY: PITKIN COUNTY TITLE, NC,
CASE NO. PCT
DATED:
SURVEY CONTROL
® SLOPE 30-45%
® SLOPES 0-15%
ALL OTHER SLOPES GERATER THAN 45%
WILDFIRE HAZARD RATING - *SEVERE HAZARD:BRUSH' ON THE ENTIRE PROPERTY
LEGAL DESCRIPTION
GOVERNMENT LOT 33
A REACT OF LAND RECORDED IN THE OFFICE OF THE CLERK AND RECORDED OF PITKIN
COUNTY COLORADO AS RECEPTON NUMBERS 405854 AND 405846 SITUATED IN THE NE I/4
OF THE SE 1/4 OF THE SE 1/4 OF THE NE 1/4 AND THE SW 1/4 OF THE NE 1/4 OF
SECTION 7, TOkSHIP 10 SOUTH RANGE 84 WEST OF THE 6th PRINCIPAL MEREDIAN,
COUNTY OF PITKIN SATE OF COLdRADO BEING MORE PARTICUARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE C-E 1/16 CORNER OF SAID SECTION 7 BEING A B.L.M. BRASS CAP
STAMPED 1978:
THENCE N 89*00'50'W 175.10 FEET:
THENCE N 45°55'33"E 575.43 FEET:
THENCE S 44*08'36'E 34.33 FEET:
THENCE S 41°35'47-W 32.17 FEET:
THENCE S 44°19.16"E 180.38 FEET:
THENCE S 67°24'26'W 398.21 FEET:
THENCE S 35°55'20'E 81.45 FEET:
THENCE S 75*54'54'W 48.93 FEET:
THENCE N 04°03'34'E 5.47 FEET TO THE POINT OG BEGINNING,
CONTAINING: 1.581 ACRES •/-
PITKIN COUNTY HEARING OFFICER APPROVAL
THIS GOVERNMENT LOT 33 1041 HAZARD REVIEW SUBMISSION HAS BEEN
REVIEWED AND APPROVED BY THE PITKIN COUNTY HEARING OFFICER ON THIS
DAY OF 2004 BY DETERMINATION NO. -2004
AND RECORDED AS RECEPTION NO.
SIGNED THIS _ OF , 2004.
JIN TRUE, HEARING OFFICER
1041 HAZARD REVIEW AND WARNING
APPLICANT ACKNOWLEDGES THAT HE/SHE HAS BEEN INFORMED BY
PITKN COUNTY OF THE EXISTENCE OF "1041 HAZARD AREAS' THAT MAY
AFFECT THE PROPERTY AND IMPROVEMENTS AND THE USE AND
OCCUPANCY THEREOF.
THE PROVISIONS OF THESE REGULATIONS DO NOT IN ANY WAY IMPLY
THAT AREAS OUTSIDE OF DESIGNATED HAZARDS WILL BE FREE FROM
HAZARDS OR THAT APPROVED MITIGATION MEASURES WILL GUARANTEE
THE SAFETY OF THE PROPERTY.
BY:
OWNER ALBERT G.TIMROTH
GENERAL PARTNER FOR
TIMROTH LLLP
ACCEPTANCE FOR RECORDING
THIS 1041 HAZARD REVIEW MAP IS ACCEPTED FOR FILING IN THE OFFICE OF
THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO THIS _ DAY OF
2004 IN PLAT BOOK AT PAGE AS RECEPTION
NUMBER
CLERK AND RECORDER
PITKIN COUNTY, COLORADO
PREPARED BY
ASPEN SURVEY ENGINEERS, INC.
210 SOUTH GALENA STREET
ASPEN, COLORADO 81611
PHONE/FAX (970) 925-3816
DATE JOB
8/04 33255A
I'-30'
0 30 60
TWO FOOT CONTOURS
FROM COUNTY G.I.S.
Q
GOVERNMENT LOT 33 1 ®4 1 HAZARD REVIEW SITE PLAN
PARCEL IDENTIFICATION NUMBER 2737-071-00-040
ACCESS TO
SPRUCE STREET
BY OTHERS
E1
30 WIDE ACCE
EASEMENT
SLOPES 30-45x
]L ® T 3
CORA LEE SUBDIVISION
0
roo
r,%08/PSY:-,A 8200
'
PARCEL ]E
8180
ki`, lt; It I !L. 1J
PARCEL F
30' WIDE ACCESS
EASEMENT
PARCEL C
SLOPES 30-45x
VHCINITY MAP
LEGEND AND NOTES
O FOUND SURVEY MONUMENT REBAR WITH CAP AS DESCRIBED
FOUND GOVERNMENT CORNER, BRASS CAP AS DESCRIBED
CALLS IN ( 1 FROM COMMITMENT FOR TITLE INSURANCE
PREPARED BY: PITKIN COUNTY TITLE, NC,
CASE NO. PCT
DATED:
SURVEY CONTROL
® SLOPE 30-45%
® SLOPES 0-15%
ALL OTHER SLOPES GERATER THAN 45%
WILDFIRE HAZARD RATING - 'SEVERE HAZARD:BRUSH' ON THE ENTIRE PROPERTY
LEGAL DESCRIPTION
GOVERNMENT LOT 33 �
A REACT OF LAND RECORDED IN THE OFFICE OF THE CLERK AND RECORDED`:iF PITKIN
COUNTY COLORADO AS RECEPTON NUMBERS 405854 AND 405846 SITUATED IN THE NE 114
OF THE SE 1/4, OF THE SE 1/4 OF THE NE 1/4 AND THE SW 1/4 OF THE NE 1/4 OF
SECTION 7, TOWNSHIP 10 SOUTH RANGE 84 WEST OF THE 6th PRINCIPAL MEREDIAN,
COUNTY OF PITKIN SATE OF COLORADO BEING MORE PARTICUARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE C—E 1/16 CORNER OF SAID SECTION 7 BEING A B.L.M. BRASS CAP
STAMPED 1978:
THENCE N 89:00.50-W 175.00 FEET:
THENCE N 4555'33'E 575.43 FEET:
THENCE S 44°08'36'E 34.33 FEET:
THENCE S 41°35'47"W 3217 FEET:
THENCE S 44°19'16-E 186.38 FEET:
THENCE S 67*24'26'W 398.21 FEET:
THENCE S 35°55'20'E 81.45 FEET:
THENCE S 75:54.54-W 48.93 FEET:
THENCE N 0403'34'E 5.47 FEET TO THE POINT OG BEGINNING.
CONTAINING: 1.581 ACRES •/
PITKIN COUNTY HEARING OFFICER APPROVAL
THIS GOVERNMENT LOT 33 1041 HAZARD REVIEW SUBMISSION HAS BEEN
REVIEWED AND APPROVED BY THE PITKIN COUNTY HEARING OFFICER ON THIS
_ DAY OF 2004 BY DETERMINATION N0. 2004
AND RECORDED AS RECEPTION NO.
SIGNED THIS _ OF , 2004.
JIN TRUE, HEARING OFFICER
1041 HAZARD REVIEW AND WARNING
APPLICANT ACKNOWLEDGES THAT HE/SHE HAS BEEN INFORMED BY
PITKN COUNTY OF THE EXISTENCE OF '1041 HAZARD AREAS' THAT MAY
AFFECT THE PROPERTY AND IMPROVEMENTS AND THE USE AND
OCCUPANCY THEREOF.
THE PROVISIONS OF THESE REGULATIONS DO NOT IN ANY WAY IMPLY
THAT AREAS OUTSIDE OF DESIGNATED HAZARDS WILL BE FREE FROM
HAZARDS y OR THAT APPROVED MITIGATION MEASURES WILL GUARANTEE
THE SAFI`TY OF THE PROPERTY.
BY:
OWNER ALBERT G.TIMROTH
GENERAL PARTNER FOR
TIMROTH LLLP
ACCEPTANCE FOR RECORDING
THIS 1041 HAZARD REVIEW MAP IS ACCEPTED FOR FILING IN THE OFFICE OF
THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO THIS _ DAY OF
2004 IN PLAT BOOK AT PAGE _ AS RECEPTION
NUMBER
CLERK AND RECORDER
PITKIN COUNTY, COLORADO
PREPARED BY
ASPEN SURVEY ENGINEERS, INC.
210 SOUTH GALENA STREET
ASPEN, COLORADO 81611
PHONE/FAX (970) 925-3816
DATE JOB
8/04 33255A