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HomeMy WebLinkAboutlanduse case.AP.737 N Spruce St.A027-99R ,-." CASE NUMBER PARCEL ill # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATNE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY ~.. A027-99R 2471-114-00004 Porath Minor Amendment to a Development Permit North Spruce Street Chris Bendon County Referral Harold & Anne Porath 3/8/99 Ord. 4-99 3/6/00 Chris Bendon >-, ~. PA~EL~I:D:12:~:.1.-' ~'::~:?O?t1 :DATERcv~:}3 0 51J :CAS~ Ni\~E~Jp~'U:h :..t"cr ,a-ftll.::i:-:?-t:c a Dc:.CI:~:;:::.-t Ot:.~....: : p~ AD~'R:It..J~':!1.s;:,_,::+! ;3~re~7' ,CASE T.VP,:l~.1;r.c: /',me":;""'l311" " ':.' \, , \ OW~/A~P; -H~r;'lil6 A-"~ Pcra1 l AD'~15'" D....a::: R:;l:":: CiSJZ: fi;:mc. r.kn '::~I GA:';' REI": . ADR: cis/z: . ... ,,,. . . . F'EES,~UE:I FEES RCVD:j ,~E~~~~Lslr~~,tc~~a ~.:c"'" t.'a C?U11.~. " REF:1 Bxl ~'~::~p::::: ~ I ~ ~ . REM~~!<SI , , ' , .. \ ., CLOS\=D:13:Iq,cu . pLIc!:Sl!,BM!TD; ,I #,COplI:S,r-:-' C:ASe'~OV'J27 ;,,,,, 'PLMR:Jco", ,-lo"occ STEpsf ~~::~ STAT:r O\iE:1 ~LA ~ (BK,PG):1 DATEOFFINAL~CT~ ~,.;.}q CITY COUNCIL: f")",,{. 4. "1'1 pZ: , BOAl :: DRAC: ADMIN:) ~Y:l' eMh-. ",1. . " f$ ~ ~ MEMORANDUM TO: Tamara Pregl, Pi~kin County Planni.ng Department () ~ I J . Chris Bendon, City of Aspen Plannmg Department\)N~ FROM: RE: Porath Minor Amendment DATE: March 30, 1999 The City Planning Department reviewed this application and has the following comments: · The proposed building envelope amendment allows for more gradual final grading which will better accommodate revegetation and for rock retaining walls which are preferred over concrete structures. · The proposed access easement appears to be in an appropriate location given the site's topography. A recommendation from the County Engineer concerning sight distances should be'sought. · The City placed conditions upon the service of treated water which pertain to the site's exterior aesthetics. Please refer to City Council Ordinance No.4, Series of 1999, attached. 1. (""\ ~. .. .. LIPKIN WARNER DESIGN & PLANNING, LLC 23400 Two Rivers Rd. # 44 . P.O. Box 2239 T 970927.8473 Basalt, Colorado 81621 F 970 927.8487 Date: 3 March, 1999 Project: Porath minor amendment to a development permit Location: North Spruce St, North of Williams Ranch To whom it may concern: Arnold & Anne Porath, owners of this property, respectfully request an amendment to the approved 1041 Hazard Review, 1. Weare asking to expand the location of the existing building envelope and to extend the location of the access easement. The building has been designed in an attempt to minimize the impact to its site and its visual impact to the Town of Aspen. The amount of cut and fill grading has been distributed equally between the southwest and the northeast side of the residence. By allowing the applicant to push the site grading into the existing envelope we would reduce the amount and height of site retaining walls required. The new revegetated grade will taper back into the existing grade at a much more gradual slope than would be possible with the existing building envelope. In all areas ofthe proposed building envelope, existing grade would not be altered by more than 30 inches. ~(j' 2. We are also seeking an amendment to the access easement. The existing easement would require a deep v1'oad cut, with extensive site retaining walls, and creates a driveway with a slope of greater than 10 percent. This steep driveway would create a hazard to both the owners entering onto North Spruce St. as well as other vehicles traveling along the street. Sight lines would be greatly reduced by the cut required to access the street, and the possibility of vehicles sliding off of the road and down the driveway in winter months is also a concern. We propose extending the access easement to below the curve (southwest from its current location). The driveway would connect to the road at the curve and on the existing grade. This would afford sight lines both up and down the road and eliminate the need for extensive site retaining walls. .............. The amendment complies with all conditions provided for in Section 3-200-080: The development remains residential and remains consistent with the action taken in the 1041 hazard review. The proposed amendment does not change the basic character of the approved use of land nor its basic visual appearance. It does not increase off-site impacts in the surrounding neighborhood, endanger the public health, safety or welfare. It does not violate any land use code standard. The change does not increase the need for on-site parking or utilities and doesn't affect affordable housing. Floor area is not increased and open space is not decreased by the proposed amendment. We have tried to design a residence that is both sensitive to the existing topography and provides for the ___ landscape to return to its existing state. By granting this amendment, the project as a whole will confonn better to the intent of the 1041 hazard review. Thank you for your time. Sincerely, 14 ;L6 /i Joseph Ray Barlow III Lipkin Warner Design & Planning, L.L.C. ! .'-" ~ ~-:- . \, \ .,.-.~ ~ "'-'---...~ -----~.Il, '\ '~.~Q'.s' '-'-., Ni-...._'.-9(>' 1> ,,9/1fhilly,...... --, '. - ~_-s-. " _~C-=--" ',~ " ./".~' ,C!'......o ""'- "'.~ (' p' "*\ \ . :-~~ -..;"11, ~ ,-..~. _C!'c--r'-_ 0.'_ '\ \, ~ (i <S>///OJy 4"'1l-~' "f'Q"-J,:,;, ~" '". ~ ",,,Q.oV;;---- "'..""C!'.... .o;---":~ ....~~'.?~<, ',")1 '\ s>"~.;-. ~.s>C!' ./ f', ;.o'~.<>'. .'-~l;/SRd ~'\ "0-9. 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""""'~o;lI.~_J'i~!!Yl~,~ ~ ~., C:1!'I"}te./ \~-r;,.\,~,-:-o D~~ ~ ~z...<'f1lill '" ';:'~o/i!J?_r~~ -~C.ryS!8hak;Rd "..-......~:-:; ...s-.6 "'~ ',.q" ~r~.t'('rk'" tl:: ~c ~.~~ :::; i "'0 <;: J 'nQSI<1~ \ fj/ eCN Ji~";;:_~ '., . 0." ~~. ---~ -".-'- . '- --..-.. '......>~/ ---.,) ". .___../""'---c-r-ee~ ;' '-. Te Ai.-pott. Basalt " Marcon Creek Rd n,gn ct.ool > It.1aroonLake Ut:P1 ......41,., , < % ~~ - , ,~ \. To Ashcron e\ ,~ ~~\~/ ~. '""'\\~c\.. '1. " -;>:_ '-'_ \00 \ ~ /O(~ i ',~ ---:"_. 't,.,..'~ O~~.~~__. c;.. "'. . ~. 'be.: .wJ~ H...~ tUot ~ ~. \~. 'FEB-03-1999 09: 23 FROM RSPEN/PITKIN COM DEV TO ~'}l~ 1'~'~1~J~I~2 ~~,~ IIb~~~~~llb!!~~ ~~~I t of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 9-9278487 P.04 ., ., ,. DETERMINATION OF THE HEARING OFFICER OF THE COMMU1';1TY ~EVELOPMENT DEPARTMENT OF PITKINCOONTY, COLORADO, REGARDING THE PO~TH 1041 HAzARD ~VIEW AND CONCEPTUAL SUB1'r1ISSION RECITALS . i , 1. Arnold Porath (hereafter "Applicant") has applied to the Pitkin County Hearing q:Jfficer (hereafter "Hearing Officer") for a 1041 Hazard Review approval to establish a building e.lve1ope to construct a new single-family residence. . 2. TIle property is located on North Spruce Street, east of the Williams Wood housihg development, and is more specifically described in the attached Exhibit A. . 3. The majority of the property is zoned AFR-IO, A sman portion of the property !:flow {he 8040' contour line is zoned R-30. The site contains approximately l.5 acres. : ; 4. The Bearing Officer heard this application at a public hearing on March 26, ] 998 at which time evidence and testimony 1Nere presented with respect to this application. i , i i NOW THEREFORE, ,BE IT RESOLVED by the Pitkin County Hearing amber that approval is . i i hereby granted to the Porath] 04'1 Hazard Review and Conceptual Submission, su~ject t~ the following , ! i'conditions; II. The Applicant shall submit an am"'nd",d site plan to th", Community Developm!mt Department for recording, prior to subniission of any building permit applications. The site pl<ln shall also be submitted in digital fonnat for integration into the County's GIS system. The ~ite plan shall be modified as foll<ows; ! A. A signature block for the Pitkin County Hearing Officer and Acceptance fqr Recording shall be included. : B. The foyowing 104], hazard waiver shall be incl~ded on the site plan with orner signamie: , '"ApplIcant acknowledges.that he/she has been mformed by PItkin County <Dfthe eXIstence ot 1041 environmental hazard areas that might affect the property, any ilnpro-\rements, and the use and occupal1cy thereof." C. A vicinity map shall be included on the face of the site plan. 2. The Applicant shall comply with the following landscaping and wildfire d~fen4ible space mitigation standards; ! i A. Brush, debris, and non-ornamental vegetation shall be removed within a minimum 10 foot perimeter around thie structure. . ! B, YcgctiI.tion shall belroduced to break up the ycnical and horizontal continuity of the fuels a In inimum of a 30 t(jot perimeter around a strucmre built on tlat ground. i , I i I : , i , , , COM DEV TO 9-9278487 P.05 11I11II1I1II11I1111II1111~111111l1111ll111l1111I11I1 41$122 03/31/1998 e2:1'F DETER~IH DA~IS SILVl 2 of 4 R e.e0 D 0.80 N e.ee PIrklH COUNTY CO "- 'FEB-03-1999 09:23 FROM ASPEN/PITKIN 1""". : Detennination No. 98- . Page 2 , 14. i 5. 3. C. Spacing between clumps of brush and vegetation within the 30 foot perim~tersshall be a minimum of two tiines the height of the fuel. Maximwn diameter of the dumps shall be two times the height oBhe fuel. All measurements shall be from the edges offue crowns of the fuel. D. All branches from trees and brush within the 30 foot perimeter shall be pnlned to a height of J 0 feet above the ground and removal of ladder fuels from around trees and brush. E. Tree crown separation within the 30 foot perimeter shall have a minimum bf] 0 feet between the edges of the crowns. Tbis does not apply to mature stands. of Aspen trees Where the above recommendation fo.r removal of ladder fuels have been com piled with. In areas of aspen regeneration, the spacing guidelines shall be followed. i . F. All branches which extend over the roof eaves shall be trimmed and all bdnches within 15 feet of the chimneys shall be removed. I G. The density of fuel :within a 100 foot perimeter of the structures shall be re~uced where natural reduction has not already occurred. i H. All deadfall within the 100 foot perimeter shall be removed. i I. The Applicant shaH be responsible. for the continued maintenance of the defensible space . . . I l vegetatIOn requJreDJents. i The Applicant shall comply with the following additional wildfire mitigation sfandards: . I A Roof construction shall be Class A, non-combustible material with no flat foofs. B. Yents shaUbe scre~ned with corrosive resistant wire mesh with mesh 1/4 ipch maximum. C. Roofs and gutters shall be kept clear of debris. : D. Yards shalrbe kepticlear of alllimrr, slash, and flammable debris. i B. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away from any structure. : i . F. Weeds and grasses within the 10 foot perimeter shall be maintained to a h~ght not more than 6 . h I IOC es. ., . I . G. Firewood/wood pi1~s shall be stacked on a parallel contour a minimum of 15 feet away from the structure. . I ,. I H. Fences.shall be kept clear of brush and debris. i I. Wood fenc~s shallli10t connect to the structure. i J. Fuel tanks shall be installed underground with an approved container. : I . K Propane tanks shall'be installed according to NFP A 48 standards and on a eontour away from the structure with defensible space vegetation mitigation around any above~ground tank. Any I wood enclosure arollnd the tank shall be constructed with materials approvpd for 2 hour fire- resistive construction on the exterior side ofthe walls. I L. Each structure shaJJi have a minimum of one 10 pound ABC fire extinguishbr. M. Addresses shall be ~learly marked with 2 inch non-combustible letters and f~hall be visible and installed ani a non-cpmbustible post. I' N. All utility extensiorj shall be buried. No development, including grading, landscaping, vegetation removal or distur~ance, shall occur outside of the approved1building envelope, except for utility and driveway extetlsion and maintenance, and as may be necessal)' to implement the wildfire mitigation m$,sures required elsewhere in this document. I I , . Should the ApPlicant decide to install a fireplace/woodstove, a ftr-eplace application must be flIed with the Environmental Health Department prior to the issuance of a building pennit.1 I I . I ! ~, {EB-03-1999 09:24 FROM ASPEN/PITKIN COM DEV TO 9-9278487 P.06 . ~ ll\~~211[~U~1~J~I!~ ~U~ lI~!'l"l!!lll !1!l~JI 3 of 4 R 0.00 D 0.00 N 0.00 PITkI~ COUNTY CO ! Determination No. 98- , Page 3 , I I The applicant shall connect to the Aspen Consolidated Sanitation District unle~s a letter is provided to the Environmental Health Department prior to the issuance of a building pdmit indicating that sewer service to the property is not feasible. ! i Prior to the issuance ora building permit, the Applicant shall provide the Environmental Health , , Department confirmatiqm of adequate quality and quantity for water service ad the prOperty. In the likely event that adeguate water service on the property is not available, the ap~]icant shall pursue connection to the private water line proposed along North Spruce Street whichiwill be installed Spring of J 998. I ! i I Access permit shall be reviewed and approved by the County Engineer prior to tIlIe issuance of a building pennit. i I I For any free market residential structure of 5,000 gross square feet or greater, ~le applicant is required to provide the following traffic studies: ! I . I A. Prior to applicationifor building permit the applicant shall prOVide for review and approval of the County Engine~r a construction trip generation study. I B. Prior to issu.ance ot1a Certificate of Occupancy, the applicant shall provide!a trip generation study for the residehce, which shall bc developed by a traffie engineering ~onsultant hired by the applicant and pte-approved by the County Engineer." ! i ] O. All materia] representaljions made by the applicants in the application or in pu1::iTic meeting shall be adhered to and consideted conditions of approval, unless amended by other co~di!ions. , . . . I NOTICE OF PUBUCHEARlNG PUBLISHED IN THE ASPEN TIMES ON THEi14TH DAY OF . , FEBRUARY, 1998. , : 6. < 7. ! 8. 9. APPROVED AND ADOPTE:q ON THE 26TH DAY OF MARCH, 1998. ATTEST: i I HEARING OFFICER ! OF PITKIN COUNTY, COLdRAoo i C' .hj!fM.DifI j;}./I~ Sharon Hirman Adm itlistrative Assistant ~~M-JU Lane C arke Hearing Officer Date: ~(2.." qf? . : APl'ROVED AS TO FORM: , , APPROVED AS TO CONlEl'lT I I i ~.Jja9"'8 Cindy Houben, Community Development Dir,*tor ~. ..::> .-'~''''' ..- jJohnEI~/' . j Count5f"Attorney Case #PI51-97 PID #2471-114-00-004 i !'1tl I 02/24/99 WED 15:30 FAX 9709203816 LIPKIN WARNER 11I11 2S,.HlG Two Ri"i)l'~ ltd_ jJ. 44 <It P.O. .a~1I. _ LIPKIN WARNER DESIGN It nANNING. [,LG! ~. T .70 92'-84H I . 97. 92'-HU I Fax Transmittal III 001 .:r ~'1' e( lV Date: To; February 24, 199 Chris Bendon Aspen!Pitkin Community Development J .Ray Barlow Windows above 9'-0" 3 pages total From: Re: Pages; Cc: Chris, Please let me know if any other information is required for your review. Thanks t(ij;2lz:- J.Ray Barlow In ~~V\U), " k vJ[ f~ r~ - <at~~r- o.lkrw~ ~ 'f1Vr,i(e. (,tit ~ Jut- ~ M?O 1~C lrarrs..t<:> cb wdw revicw.22499.do<: ~, Ct~ ~10 rrJ\f~' - --.tjJ~ ~ ~ A;\~\ 02/24/99 WED 15:31 FAX 9709203816 LIPKIN WARNER 1liJ002 '. T.lJ"'l::l'N WARNE1\. OF-SIGN k. 'P'L.\NNtNG Lt.c 2:)~ Two Ri:~t'S RD!;ld Si:.itl: 44- P. O..~ uo;i9 13~S;I!I;, C<<llc>rndO tl6Z! ._~_. ..."'.__ " ..._u.,."._'"",.,...,.,.."....."..".'-~""_. 'f gl'c 927 347,i F 971:1 917 8487 Ii. !wdp@mmp1l$l:'n'C.~ b',j' ~ ;.. -;:::- . I ;', I..' I"" i j' .:. Ii ';; '::'T', .! ~;.~- '. ;'.: . I ;. 'i ; r I'" 'j':" ,\b~~_f + L~.!_...:~ 1 .1.. , .,}... ....., ,........ ""--l-""J ~I "',., II.. ,! I . I, ~. ;.11'1' i'i-: i i I: .: ;' ;-.'~",P :,: i i: "ii ' .~. :t..'_.::..~,~~,-[:.:~,.~~_.i-"'.-i.L'.". ~ ':-~"~.;I "-i~:~Z~:':~;i~fl..!,. !:...:,n:....::::~C~_:~~.,:_.!L,.I;:r:-. ('-:-r;-:--' .:, -~~'"T''' 'll-=-=1' .; . ~['f7~-j"-lr""T~""I';~tTlPl""'r-gJ' ...,-.--: i--.-..-...., ,.. 'I:' ...- - " ," n ",- ..I--.! != -I--._~ ~ I . I I' I:L '!.. --- L ~. II '1 :! " II j' . f'1 ' ';' ," .-1..---'.....:.' -'I t.::. . .- .2."-' . '" ..... _""I: I. I:I.!; . ~,,- Fi~~~~~h~~~l.:.._H.-J~..:7:~~_!~~~~ ~~.;..~;...~;- :::.~. ~ -.I.-.~::.".:':" ::.~:':_.~_..: .__:.~~~~:.:.~_.. ~", ---- -. ---,-..... ~~,;:;.~ ...,..... ~ -_R._ -, - '- _...~~ \,\."J: ~,,_ , , l.... "- -' --.~'- "~--~--------~ ~ ~-=-- r'j . iH -. ;0 ~~..._._..I:- 'f - -- I f- I ~_-:.:.-...::.:.;-~~ -~ 'it\cr.4--. ~~"', w ~ \=tt">>- ~l ~~,Ac.,.:lt.e_ rUm-\\... ,?7'" c..L ~\. 02/24/99 WED 15:~1 FAX 9709203816 LIPKIN WARNER 1tJ003 .' T.I"KI'" ~~"N'R DBSI~N & PtANNING lLe 2.3.c}OO Two Riv!:nofU,:td &..i~ 41. E. 0. b :.:z.J9 Badt, Cl:.lorJl,.'l) &:6zJ T 970 1):1.7 S4j'~ F ~?O 9'::'7 .843;:.., E; ["~~~'r:,I;~J , . ~ , ~""I'\:'f"'" -~~-:;fa-':;---' , .. j. 10'2. . "T"'j.F.F, . #.~' tt"P-f. . ~~:~ ~. .'j '"" , ~.;..r' -....... ...:......7_ ._- '~.~....' "S.... tl \i1." . . l........'_....or'" .. .-- -'- _. . .- -.-.... -+- - ~ _.- , _'N":UWIo -----...----..... 1>0T'".... -\"- \C..~r~~ Ttk-~ -<Sl'"-'c..e <S\.. QC- iW~ ~vtA41L ~~~,. ~UDk+C~- -_______.__ ~-'---._.__.__._._.._._------ -------------.-. ~h~~L.--=.1q(f~~G-2~+L ~~~==_~_= -----.. . -_.._-_._-_.~-------_._._--- .-- .~~~_______ ~ -k 4- tJ '. _ _ ~\i[8tA)~J(_~~~ _~ --....-..-/ J ~0-------71~O . U-l -------+- MEMORANDUM V"le. TO: Mayor and CitY Council THRU: Amy Margerum, City Manager John Worcester, City Attorney /:}!t! '. Julie Ann Woods, Community heI6.gf~. nt Director ~ . Mitch Haas, Interim Deputy Director~ ,. . Christopher Bendon, PlannerCMWi . Porath Water Service Agreement Amendment 2nd Reading - Public Hearing Ordinance No.4, Series of 1999 FROM: RE: DATE: March 22, 1999 SUMMARY: Ordinance No. 27, Series of 1998, provided municipal water service to property owners along North Spruce Street. The language in the Ordinance required the Porath Family Trust parcel to annex into the City of Aspen prior to any development. The reasoning behind this provision waS to ensure the development would be in conformance with the City's R-30 Zone District requirements, the provisions of 8040 Greenline Review, and the Residential Design Standards. The Porath Family Trust parcel has been reviewed and received all land use approvals required in Pitkin County. The Pitkin County review established a building envelope and set forth specific requirements regarding wildfire and wildlife. In addition, the owners have agreed to develop the property in conformance with the City's development standards, including additional provisions recommended by the City Planning Department regarding revegetation, exterior building materials, and outdoor lighting. The Pitkin County zoning for the parcel would allow for a house of up to 15,000 square feet in size - completely overscaled for the size of the property and the delicate mountainside environment. . The suggested provisions ofthe City's R-30 Zone District would restrict the maximum FAR to 'approximately 5,140 square feet. This property does not represent land of immediate importance for annexation. Furthermore, the land owner has agreed to develop the property in a preferred manner and the house size has been reduced to approximately 4, I 4 I square feet. This represents a development 1,000 square feet below the maximum allowed with the City's R-30 zoning and far below that allowed under County zoning. City staff believes all the concerns regarding the development of this parcel can be adequately addressed without requiring the property be annexed into the City. The discretion to annex the property, if and when the City does want the property within City limits, is preserved with this revised Ordinance. Staff recommends City Council adopt Ordinance No.4, Series of 1999. I MAIN ISSUES: Ordinance 27, Series of 1998, provided water service to several properties along North Spruce Street including this Porath property. Normally with water service extensions, the property owner agrees to not contest annexation if the City decides to include the property in the City limits. In this ihstance, the City required the property to be included in the City prior to any development in order to ensure City development standards would be followed. The primary reason for this was to lessen the development potential of the property from the 15,000 square feet of FAR allowed under Pitkin County zoning and to control specific development practices to preserve the visual resource of the mountain. The City has no immediate intentions to annex the parcel and the applicant is willing to develop the property according to City standards. The applicant is proposing a one story house significantly smaller than could be achieved ,even with City zoning. And, the applicant has agreed to all recommended conditions with regard to the City's 8040 and Ordinance 30 reviews. City Planning staff is confident that the manner in which development is proposed is in conformance with City zoning and land use policy. APPLICANT: Porath Family Trust. Represented by Brooke Peterson and Lipkin-Warner Architects. LOCATION: North Spruce Street (no address). (See attached site map.) ZONING: Pitkin County Zoning: AFR-IO Proposed City Zoning: R-30 FAR: Allowable - 15,000 s.f., pursuant to Pitkin County zoning. 5,142::1: s.f., pursuant to City R-30 zoning. Proposed- 4,141::1: s.f. PREVIOUS ACTION: City Council adopted Ordinance 2"7, Series of 1998, on July 13, 1998. The Ordinance amended the North Spruce Street Water Service Agreement by adding the Porath property. A copy of this Ordinance is attached as Exhibit A. STAFF COMMENTS: Requiring the property to be annexed into the City and rezoning the property to the R-30 Zone District would obviously ensure the property was developed according to City development standards. This process would require annexation, rezoning, an 8040 Greenline Review, and Residential Design Standards review. The City Planning Department believes the same goal can be acheived without requiring the property to be within City limits. The applicant has agreed to develop using City FAR and has incorporated the City's concerns by limiting reflective materials, cut and 2 fill, and outdoor lighting. The process of amending the Water Service Ordinance is a far simpler process which achieves the same result as annexation. RECOMMENDATION: Staff recommends City Council adopt Ordinance No.4, Series of 1999, which includes . the following conditions: I. The Porath Family Trust property shall be developed in conformance with the FAR provisions of the City of AS(len's R-30 Zone District regulations. The City of Aspen Zoning Officer shall review the building plans for compliance with allowable floor area aspects of the City's R-30 Zone District, using the same inclusions and exclusions for Lot Area and Floor Area, as defined in the City of Aspen Land Use Code, applicable to all lands in the City, except as provided for herein. 2. The architectural development plans submitted to the City Planning Department, dated February 24, 1999, shall not require a variance from the City's Residential Design Standards. The window FAR penalty shall not be assessed. Amendments to the architectural plans are subject to all aspects of the City of Aspen Residential Design Standards, as amended. 3. Highly reflective materials shall not be used on the exterior of the structure, including the roof. 4. Any disturbance to the natural terrain and .areas of cut and fill shall be revegetated after construction with native species. Any areas too steep for adequate revegetation shall incorporate retaining walls which are of similar color to the natural soils and vegetation to visually blend into the mountainside. S. The existing vegetation outside the designated building envelope shall be preserved and maintained in its natural state to the extent practical. Disturbance associated with, and incidental to, pedestrian and vehicular access to the property is approved. 6. Any and all exterior lighting shall employ down-directional, sharp cut-off fixtures, and in no case shall outdoor flood lights be used. 7. The Porath Family Trust is encouraged to either apply for arid construct a Caretaker Dwelling Unit (CDU) on the property at this time or leave enough available floor area for the future construction of a CDU. 8. All aspects of the Pitkin County 1041 Review, as amended, and all aspects of Pitkin County's development regulations not specifically addressed in this Ordinance shall remain in effect and shall be reviewed for compliance by the Pitkin County Community Development Department. RECOMMENDED MOTION: "I move to adopt Ordinance 4, Series of 1999, amending the Porath Water Service Agreement." ATTACHMENTS: Exhibit A -- Ordinance 27, Series of 1998. Exhibit B -- Vicinity Map 3 "--, ' ;:::::=- ~ ~~\\)\\- 'Es '9 ~~,0r1^ \~0\ . . . ~ './i,. \ .---- , 'V",,-.i ! 1 "_ \::.. ".0.,.\ \ .;'~1 II (2\ l~ ORDINANCE NO.4 (SERIES OF 1999) AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF ASPEN, COLORADO, AMENDING AN EXISTING AGREEMENT WITH THE PORATH FAMILY TRUST FOR PROVISION OF TREATED WATER SERVICE. Parcel # 2737-071-00-011 WHEREAS, Ordinance No. 27, Series of 1998, (the Ordinance) provided treated water service to properties located in Pitkin County along North Spruce Street including a parcel of land owned by the Porath Family Trust; and, WHEREAS, the Ordinance conditioned the provision of water upon submission and approval of the Porath Family Trust developmentplans pursuant to the City of Aspen 8040 Greenline Review and Residential Design Standards; and, WHEREAS, the Ordinance further conditioned any development of the Porath Family Trust parcel upon annexation into the City of Aspen for the purpose of ensuring the development would be compatible with the development standards ofthe City's Low- Density Residential (R-30) Zone District; and, WHEREAS, the Porath Family Trust has agreed to develop their property in confonnance with the City's R-30 Zone District, as specified in the conditions contained herein, and has agreed to not contest annexation if and when the City of Aspen initiates the annexation of their property; and, WHEREAS, the Community Development Department analyzed the parcel of land and recommended the conditions of approval, contained herein, to ensure confonnance with City development standards and compliance with the land use code provisions of 8040 Greenline Review and Residential Design Standards; and, WHEREAS, the City Council finds that the spirit and intent of Ordinance 27, Series of 1998, is furthered by the adoption of this Ordinance and that the extension of treated water to the Porath Family Trust property is in the best interests of the City; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Ordinance 27, Series of 1998, is hereby amended to allow the Porath Family Trust parcel to be developed and served with municipal water while located in Pitkin County with the following conditions: I. The Porath Family Trust property shall be developed in conformance with the FAR provisions of the City of Aspen's R-30 Zone District regulations. The City of Aspen Zoning Officer shall review the building plans for compliance with allowable floor area aspects of Ordinance No.4, Series of 1999. Page I the City'sR-30 Zone District, using the. same inclusions and exclusions for Lot Area and Floor Area, as defined in the City of Aspen Land Use Code, applicable to all lands in the City, except as provided for herein. 2. The architectural development plans submitted to the City Planning Department, dated February 24, 1999, shall not require a variance from the City's Residential Design Standards. The window FAR penalty shall not be assessed. Amendments to the architectural plans are . subject to all aspects of the City of Aspen Residential Design Standards, as amended. 3. Highly reflective materials shall not be used on the exterior of the structure, including the roof. 4. Any disturbance to the natural terrain and areas of cut and fill shall be revegetated after construction with native species. Any areas too steep for adequate revegetation shall incorporate retaining walls which are of similar color to the natural soils and vegetation to visually blend into the mountainside. 5. The existing vegetation outside the designated building envelope shall be preserved and maintained in its natural state to the extent practical. Disturbance associated with, and incidental to, pedestrian and vehicular access to the property is approved. 6. Any and all exterior lighting shall employ down-directional, sharp cut-off fixtures, and in no case shall outdoor flood lights be used. 7. The Porath Family Trust is encouraged to either apply for and construct a Caretaker Dwelling Unit (CDU) on the property at this time or leave enough available floor area for the future . construction of a CDU. 8. All aspects of the Pitkin County 104 I Review, as amended, and all aspects of Pitkin County's development regulations not specifically addressed in this Ordinance shall remain in effect and shall be reviewed for compliance by the Pitkin County Community Development Department. Section 2: Except as specifically amended herein, all aspects of Ordinance 27, Series of 1998, shall remain in effect. Section 3: Except as specifically amended herein, all aspects of the North Spruce Street Water Service Agreement, shall remain in full force and effect. The annexation .terms of the Water Service Agreement remain in full force and effect. The City of Aspen may initiate annexation of the Porath Family Trust parcel at its own discretion. Section 4: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: Ordinance No.4, Series of 1999. Page 2 If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 6: That the City Clerk is directed, upon the adoption of this Ordinance, to record among the real estate records of the Pitkin County Clerk and Recorder a copy of this Ordinance. Section 7: A public hearing on the Ordinance was held on the 22nd day of March, 1999, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 8th day of March, 1999. Attest: ~ ~ ~n Bennett, FINALLY, adopted, passed and approved this ~day of ~.; 1999. Attest: Approved as to form: From Post-it" Fax Note 7671 Date City Attorney Co. Phone # Phone # Fax> Fax # Ordinance No.4, Series of 1999. Page 3 IV\ 1":<,,y 02/22/99 BON 13:29 FAX 1 970 945 5948 SCHIllJESER GORDON MEYER @003 ELLA SHERWOOD S.3CI4 AlA "..., " '" ~ , ~~"RJDo W1!:",*" flhumiRd/flrIli:&'tp :;,Wf/l'>>.. FiIIlli'iilMb<<'''Oi/.i LS ISP(Jlt :Kl"~~'(plJIlIl:rIIB) .._.....,,~l r .....".,.., '1"12' r_~ e..5:ZtI&b r~r1 St<I1IM Cftl' . .1IIMPt t:~ fJ'",~m4l'__ rltUl"UW4ldt.ll,2MJ ---............. ' tJID ~......w 5J!U AtMfWt "" _ ~22199 ~ 1~.8 FAX 1 970.945 5948 SCHlIlJESER GORDON MEYER IaJ 001 ........ ........- SCHMUESBR GORDON MEYER, INC. 118 WEST 6TH STREET, SUITE 200 Gl.BNWOOD SPRINGS. CO 81601 Glenwood Springs Office, FAX: 19701946.1004 1970) 94&-5948 MPen Offiee: 19701 925-6727 FAX: 19701925-4157 Po/tAT 1-/ PROJECT NO: '\.lh I \ ~ TO: c.J-\\(.\ ~ PROJECT: f,zD P DATE: FAX; FROM: ....j E. r f- \ v T;- I...:F" I J Orillinel maDed. r I Original not mailed. COMMENTS: 0Z?iiTT/! ? , ~ I <t:!~) \t'A,{)":hu.,r- CONIlIDENTrALITY N011CB TlUs faosiD>ile tn........ion (anGIOt" """,""ontt .....IIJlWlJloI it) mal__i11 <'lIIfidtolial iafonnalloa beloup,g IillIhe ....del' wbieh if proll!Cted .""the ~1.lleot privilege. Tile inl'01"OIl'1io>> ill ial8lded only For the _ ollhe _maual or ellllt)' _.....Ixrre. Ir)'Ou .r......t ~ iDlmdOd no:ip\elll,)'OlI.'" hoteby notlfft 1hat....7 "Isdoo_, ...py/d&, distribulion, or the llIkiq or...y ""lion ia rdiaDu .olloe _ .r ibis iul'orlIIatioa ill strIetIy ~. 1f)'Oll .."" rctmw tIr.ii traDanlisslooa ill _, p\oSe i1Dmedlale\J aotiC, us lit Ce/qlIloo.. ... lln"aaee For l'd:uIo or IIIe documNl5. 'I'lIallkfOlJ. Total pages (including this pagel: 3 . Please call if this amount of pages was not received. 02/22/99 MON 13:28.fAX 1 970 945 5948 SCID/tlESER GORDON MEYER 141002 ~ ~ THRU: Amy Margerum, City Manager AA /1 John Worcester, City Attorney .q/?ffl... cr~ Julie Ann Woods, Community Development Director . Mitch Haas, Interim Deputy ~~:o~ _ J\ Christopher Bendon, Planner l).I\lJ\/ } TO: Mayor and City Council r FROM: RE: Porath Water Service Agreement Amendment DATE: March 8, 1999 SUMMARY: Ordinance No. 27, Series of 1998, provided municipal water service to property owners along North Spruce Street. The language in the Ordinance required the Porath Family Trust parcel to annex into the City of Aspen prior to any development. The reasoning behind this provision was to ensure the development would be in conformance with the City's R-30 Zone District requirements and the provisions of 8040 Greenline Review and the Residential Design Standards. The Porath Family Trust parcel has been reviewed and approved for all land use required in Pitkin County. The Pitkin County review established a building envelope and set forth specific requirements regarding wildfire and wildlife. In addition, the owners have agreed to develop the property in conformance with the City's development standards including additional provisions recommended by the City Planning Department regarding revegetation, building materials, and outdoor lighting. It is important to point out that the Pitkin County zoning for the parcel would allow for a house of up to 15,000 square feet in size - completely overscaled for the size of the property and the delicate mountainside environment. This property does not represent land of immediate importance for annexation. Furthermore, the land owner has agreed to develop the property in a preferred manner and the house size has been reduced to approximately 4,141 square feet. This represents a development 1,000 square feet below the maximum allowed with the City's R-30 zoning and far below that allowed under County zoning. City staff believes all the concerns over the development ofthis parcel can be adequately addressed without requiring the property be annexed into the City. The discretion to annex the property, if and when the City does want the property within City limits, is preserved with this revised Ordinance. Staff recommends City Council adopt this Ordinance upon first reading and schedule the public hearing for March 22, 1999. I MAIN ISSUES: Ordinance 27, Series of 1998, provided water service to several properties along North Spruce Street including this Porath property. Normally with water service extensions, the property owner agrees to not contest annexation if the City decides to include the property in the City limits. In this instance, the City required the property to be included in the City prior to any development to ensure City development standards would be followed. The primary reason for this was to lessen the development potential ofthe property from the allowed 15,000 square feet of FAR allowed under Pitkin County zoning and control specific development practices to preserve the visual resource of the mountain. The City has no immediate intentions to annex the parcel and the applicant is willing to develop the property according to City standards. The applicant is proposing a one story house significantly smaller than could be achieved even with City zoning. And, the applicant has agreed to all recommended conditions with regards to the City's 8040 and Ordinance 30 reviews. City Planning staff is confident that the manner in which development is proposed is in conformance with City zoning and land use policy. ApPLICANT: Porath Family Trust. Represented by Brooke Peterson. LOCATION: North Spruce Street (no address). (See attached site map.) ZONING: Pitkin County Zoning: AFR-IO Proposed City Zoning: R-30 FAR: Allowable -15,000 s.f., pursuant to county zoning. Approximately 5,142 s.f. pursuant to City R-30 zoning. Proposed - 4,141 s.f. PREVIOUS ACTION: City Council adopted Ordinance 27, Series of 1998, on July 13, 1998. The Ordinance amended the North Spruce Street Water Service Agreement by adding the Porath property. A copy of this Ordinance is attached. STAFF COMMENTS: Requiring the property to be annexed into the City and rezoning the property to the R- 30 Zone District would obviously ensure the property was developed according to City development standards. This process would require annexation, rezoning, an 8040 Greenline Review, and Residential Design Standards review. 2 The City Planning Department believes the same development constraints can be established without requiring the property to be within City limits. The applicant has agreed to develop using City standards and incorporating the City's concerns by limiting reflective materials, cut and fill, and outdoor lighting. The process of amending the Water Service Ordinance is a far simpler process which achieves the same result as annexation. RECOMMENDATION: Staff recommends City Council adopt this ordinance upon first reading with the following conditions: 1. The Porath Family Trust property shall be developed in conformance with the City of Aspen's R- 30 Zone District regulations. The City of Aspen Zoning Officer shall review the building plans for compliance with allowable floor area aspects of the City's R-30 Zone District, using the same inclusions and exclusions for Lot Area and Floor Area, as defined in the City of Aspen Land Use Code, applicable to all lands in the City, except as provided for herein. 2. The architectural development plans submitted to the City Planning Department, dated February 24,1999, shall notrequire a variance from the City's Residential Design Standards. Amendments to the architectural plans are subject to an aspects of the City of Aspen Residential Design Standards, as amended. 3. Highly reflective materials shall not be used on the exterior of the structure, including the roof. 4. Any disturbance to the natural terrain and areas of cut and fin shan be revegetated after construction with native species. Any areas too steep for adequate revegetation shall incorporate retaining wans which are of similar color to the natural soils and vegetation to visually blend into the mountainside. 5. The existing vegetation outside the designated building envelope shall be preserved and maintained in its natural state to the extent practical. Disturbance associated with, and incidental to, pedestrian and vehicular access to the property is approved. 6. Exterior lighting shan be down-directional, sharp cut-off, and in no case shall outdoor flood lights be used. 7. The Porath Family Trust is encouraged to either apply for and construct an Accessory Dwelling Unit (ADU) on the property at this time or leave enough available floor area for the future construction of an ADU. 8. All aspects of the Pitkin County 1041 Review, as amended, shall remain in effect and shan be reviewed for compliance by the Pitkin County Community Development Department. RECOMMENDED MOTION: "1 move to adopt Ordinance L Series of 1999, upon first reading." ATTACHMENTS: Exhibit A -- Ordinance 27, Series of 1998. Exhibit B -- Porath Property Site map. 3 Exhibit ~ Porath WSA I: o c -fj ~ (( ~ AI. Road Network D City of Aspen _ Rivers & Ponds &,hll Parks & QJen Space D Parcels N W.E S 400 0 , 400 Feet , Porath Property Site Map Qty Planning Department February 17,1999. Brooke Peterson Kaufman & Peterson Attomeys . Joseph Ray Barlow . Lipkin Warner Design &P1anJJ.ing ASPEN . PITKIN . , C9MMUNlrY DEVELOPMENT DEPARTMENT Re: Porath Water.Service Agreement . , Dear Brooke and J. Ray.: Following are Building Permit conditions I am proposing for the Porath Water Service Extension. These are designed to accommodate the annexation and lilnd use review condition of Ordinance 27, 1998. Please review these and provide comments. I am . available to meet in person to go over these. Otherwise, I can be reached at 920-5072. , Thanks very much, ~~ Chris J3endon, AICP . City of Aspen . . qtfi ~1- . qtti, rocto 130 SOUTH GALENA STREET' ASPEN, COLORADO '8161l-~975 . PHONE 970.920.5090. FAX 970.920.543? 'p,inted On Recyded Paper . The property shall be developed in confonnance with the City's R-30 Zone District regulations. The City of Aspen Zoning Officer shall review the building plans for . compliance with all aspects ofthe City's R-30 Zone District, using the same inclusions and exclusions for Lot Area and Floor Area, as defined in the City of Aspen Land Use Code, applicable to all lands in the City, except as provided for herein. . The City Zoning officer shall calculate all interior spaces associated with exterior facade penetrations between nine (9) and twelve (12) feet above finished floors and all non-orthagonal facade penetrations between twelve (12) and fifteen (15) feet above finished floors twice towards the allowable floor area for the parcel. No other aspects of the City's Residential Design Standards shall apply for this building pennit. . Highly reflective materials shall not be used on the exterior of the structure, including the roof. . Any disturbance to the natural terrain and areas of cut and fill shall be revegetated after construction with native species. Any areas too steep for adequate revegetation shall incorporate retaining walls which are of similar color to the natural soils and vegetation to visually blend into the mountainside. . The existing vegetation outside the designated building envelope shall be preserved and maintained in its natural state to the extent practical. Disturbance associated with, and incidental to, pedestrian and vehicular access to the property is approved. . Exterior lighting shall be down-directional, sharp cut-off, and in no case shall flood lights be used. . The Porath Family Trust is encouraged to either apply for and construct an Accessory Dwelling Unit (ADU) on the property at this time or leave enough available floor area for the future construction of an ADU. (lfthe City were to initiate annexation prior to development, the owner would have to pay cash-in-lieu or construct an ADU in order to gain an exemption from the Grwoth Management Quota System for the new residence. ) . All aspects of the Pitkin County 1041 Review shall remain in effect and shall be reviewed for compliance by the Pitkin County Community Development Department. . All aspects of the North Spruce Street Water Service Agrement, as amended, shall remain in effect. ry'K!='" ( Community Development Department Memo T{);. Rbil.Overeynder,W.ateI:DiI:ector. From: Stan Clauson, Community Development Director CC; Jo!m..W~.cester> ~Attompy Date: 18 August 1998 Re: Rot:ath.waterSer.vice.Agre<'m~nt Summary:.. The Porath.- residemiiil J.04.L. Applicatiollwasl'eCeived by the County on 19 December 1997. It entailed the construction of a single family residence. on a site of 1.447 acres.- The..zcming on the.siteJs..pwlo'1l;nant1y..AER..1O, with a small portion of the site below the 8030 contour zoned as R-30. Typical ofa county 1041 application, no plans are required fo!:. the SlIbmittal. T1ie 1.04.l. r.e~e1" wesses pred.OIT';naJlt1.y environmental hazards, such as avalanche or wildfire, and establishes an approved building envelope. The County zoning would.pemlit.aresidence.of.l1jl-ro-l5,.ooo.s.t: Staff.belie:ves-that this site, which is adjacent to the City of Aspen, should be reviewed under applicable City Codes as a condition. of ex:tendwg water service. Statr.has.met with the applicant" MI:. Amcld. Poratb,.and.hisattomey Brooke Peterson. Staff believes that the applicant, upon understanding the nature of these reviews and the limitations which-migbtbeimposed, is agreeable to pmceeding.tbrough.the City process. Moreover, staff has discussed annexation with the applicant and a suggested rezoning to the R-30 zone district following annexation. The..applicant.appears.-to-agree. that the R-30 district, which would provide for a residence of approximately 6,000 s.f., is amenable to his development interests. StaJIbelieves that it is in. thebest.interest-ofthe..City.to..providewaterto the site, conditioned upon City review and annexation prior to development.- . Background: Although the City Planning Office is.. not listed as a referral agency in the Hearing Officer records, County Planner Tamara Pregl sought and received a referral from Julie Ann Woods, City DeputyDU:ector. That. referral. indicated that any development approval should be conditioned on the applicant's receiving City review through.the 8040 Greenline process and Ordinance-.30_ Residential Design Standards. The memo also .' e.Page.1 (' (" recommelltJed annexatioll-pt:ior-to,any. developmelU-OIUhe.site. In her memo to Lance Clark, CoQIIty Deputy Director, Tamara Pregl notes that : . ~City. wouldlikely.oppos"," an appli('~t;on for a-pIWate.well serving the property. The City would question the ability of the applicant to support a water use given the history of well f.;!w:e in.the-immediate vicini~ofthe.site;..and. . The City Community Development Department has reviewed this application and has indicated that.since-tliere..has been some discllSsion..withtheproperty owners to the north of the site regarding annexation to the City, the City Community development Department bas-recommended annexaUOIl tG-the.City.of Aspen prior to any development on the site. The City recommends that any development on the site require compliance to the Ci~'s staPdards for-an-S040-Gt-eenliIle-Wliew.andOromance3o. Residential Design Standards. These co_ots appear.ed in-the-memo-tG-l..1nce-C!al:k. but.werenot included as conditions of approval for the County 1041 review. County approval was granted on 26 .March 1998. Mr. Por.ath,~well-have.conc"lded Vom this that these additional reviews would not be required as part of a request to extend water service to his property. Mr. POi3ilI- wu.initiall-y. r.eluct3llt tG-eJ:Itel:. iIltQ... &-.fW:ther.. reWew process. However, it was explained that the 8040. Greenline Review and Ord. 30. review could be consolidated in a siIIgIe process before.tbe-Planning k Z ooing Commission. Moreover, the Planning & Zoning Commission would be likely to accept the CpQIIty 1041 review with respect to environmental h.'7l1Tds,llIId-rocys OIl..the...'<isibility and- appearanc'.l of the. proposed residence. Annexation and rezoning would provide for a reduced development potential for the site, from 15,0.00. s.f ~6.QOO.s.f:,. subject to detit1iti"e site .analysis..b.y-planning staff. Both the size limitation imposed by the City R-3o. zone and the natUre of the reviews appeared to. be gen~lyill accor.dwith-the-deveIopmeut.iIltelItioIIS.-ofMr. Porath. Staff believes that he is willing to proceed with the City review process once an architect is selected and. the conceptual design of-the residellCe is ~ufficieltt!y ad""'l('~. Recommendation: Staff recommends that City review, annexation, and rezoning as delicrib.ed aOOw-confers.the-greatest.prote.c;tiOll th.t.tbe applicant will develop his property in a manner consistent with the Aspen Area Community Plan. Staff recommends that the Water Depa1:tmentprovide a watel:.serW:e agreewent f=a..residenceon the site, with the conditions that the applicant submit to City 8040. GreenHne and Ord 30. reviews, and complete the lIIIIleXlItion and rezoning to R-3o. pOOr-to-develCJPl1Ujllt. e.Page.2 111111I1111I11111111I1111111111111111111111111111111111 41512203/31/1998 02:11P DETER"IN DAVIS SILVI 1 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO -'- t //-//7-u.; -<-''''7 ~, .,' DETERMINATION OF THE HEARING OFFICER OF TIlE. COMMUNITY DF;VELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO, REGARDING TIlE PORATH 1041 HAZARD REVIEW AND CONCEPTUAL SUBMISSION RECITALS 1. Arnold Porath (hereafter "Applicant") has applied to the Pitkin County Hearing Officer (hereafter "Hearing Officer") for a 1041 Hazard Review approval to establish a building envelope to construct a new single-family residence. 2. The property is located on North Spruce Street, east of the Williams Wood housing development, and is more specifically described in the attached Exhibit A. 3. The majority of the property is zoned AFR-IO. A small portion of the property below the 8040' contour line is zoned R-30. The site contains approximately 1.5 acres. 4. The Hearing Officer heard this application at a public hearing on March 26, 1998 at which time evidence and testimony were presented with respect to this application. NOW THEREFORE, BE IT RESOLVED by the Pitkin County Hearing Officer that approval is hereby granted to the Porath 1041 Hazard Review and Conceptual Submission, subject to the following conditions: 1. The Applicant shall submit an amended site plan to the Community Development Department for recording, prior to submission of any building permit applications. The site plan shall also be submitted in digital format for integration into the County's GIS system. The site plan shall be modified as follows: A. A signature block for the Pitkin County Hearing Officer and Acceptance for Recording shall be included. B. The following 1041 hazard waiver shall be included on the site plan with owner signature: "Applicant acknowledges that he/she has been informed by Pitkin County of the existence of 1041 environmental hazard areas that might affect the property, any improvements, and the use and occupancy thereof." C. A vicinity map shall be included on the face of the site plan. 2. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: A. Brush, debris, and non-ornamental vegetation shall be removed within a minimum 10 foot perimeter around the structure. B. Vegetation shall be reduced to break up the vertical and horizontal continuity ofthe fuels a minimum of a 30 foot perimeter around a structure built on flat ground. Determination No. 98- Page 2 111I1lI IIIlI 111111 111111 1111 11I11 111111 11I11111 11111111 415122 03/31/1998 02:11P DETERMIN DAVIS SILVI 2 0' 4 R 0.00 D 0.00 N e.ee PITkIN COUNTY CO C. Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall be two times the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. D. All branches from trees and brush within the 30 foot perimeter sha,I1 be pruned to a height of 10 feet above the ground and removal of ladder fuels from around trees and brush. E. Tree crown separation within the 30 foot perimeter shall have a minimum of 10 feet between the edges of the crowns. This does not apply to mature stands. of Aspen trees where the above recommendation for removal of ladder fuels have been compiled with. In areas of aspen regeneration, the spacing guidelines shall be followed. F. All branches which extend over the roof eaves shall be trimmed and all branches within IS feet of the chimneys shall be removed. G. The density of fuel within a 100 foot perimeter of the structures shall be reduced where natural reduction has not already occurred. H. All deadfall within the 100 foot perimeter shall be removed. 1. The Applicant shall be responsible. for the continued maintenance of the defensible space vegetation requirements. 3. The Applicant shall comply with the following additional wildfire mitigation standards: A. Roof construction shall be Class A, non-combustible material with no flat roofs. B. Vents shall be screened with corrosive resistant wire mesh with mesh 1/4 inch maximum. C. Roofs and gutters shall be kept clear of debris. D. Yards shall be kept clear of all litter, slash, and flammable debris. E. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away from any structure. F . Weeds and grasses within the 10 foot perimeter shall be maintained to a height not more than 6 inches. G. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away from the structure. H. Fences.shall be kept clear ofbrush and debris. 1. Wood fences shall not connect to the structure. J. Fuel tanks shall be installed underground with an approved container. K. Propane tanks shall be installed according to NFP A 48 standards and on a contour away from the structure with defensible space vegetation mitigation around any above-ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour fire- resistive construction on the exterior side of the walls. L. Each structure shall have a minimum of one 10 pound ABC fire extinguisher. M. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and installed on a non-combustible post. N. All utility extension shall be buried. 4. No development, including grading, landscaping, vegetation removal or disturbance, shall occur outside of the approved building envelope, except for utility and driveway extension and maintenance, and as may be necessary to implement the wildfire mitigation measures required elsewhere in this document. 5. Should the Applicant decide to install a fireplace/woodstove, a fireplace application must be filed with the Environmental Health Department prior to the issuance of a building permit. Determination No. 98- Page 3 11111111111111111111I111111111I111111111111111111111111 41e122 03/31/1998 02:11P OETER"IN DAVIS SILVI 3 of 4 R 0.00 0 0.00 N 0.00 PITkIN COUNTY CO 6. The applicant shall connect to the Aspen Consolidated Sanitation District unless a letter is provided to the Ertvironmental Health Department prior to the issuance of a building permit indicating that sewer service to the property is not feasible. 7. Prior to the issuance of a building permit, the Applicant shall provide the Environmental Health Department confirmation of adequate quality and quantity for water service on the property. In the likely event that adequate water service on the property is not available, the applicant shall pursue connection to the private water line proposed along North Spruce Street which will be installed Spring of 1998. 8. Access permit shall be reviewed and approved by the County Engineer prior to the issuance of a building permit. 9. For any free market residential structure of 5,000 gross square feet or greater, the applicant is required to provide the following traffic studies: A. Prior to application for building permit the applicant shall provide for review and approval of the County Engineer a construction trip generation study. B. Prior to issuance of a Certificate of Occupancy, the applicant shall provide a trip generation study for the residence, which shall be developed by a traffic engineering consultant hired by the applicant and pre-approved by the County Engineer." 10. All material representations made by the applicants in the application or in public meeting shall be adhered to and considered conditions of approval, unless amended by other conditions. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE 14TH DAY OF FEBRUARY, 1998, APPROVED AND ADOPTED ON THE 26TH DAY OF MARCH, 1998. ATTEST: HEARING OFFICER OF PITKIN COUNTY, COLORADO c _~f'P/2DJI J!t/l~ Sharon Hirman Administrative Assistant fch~M,JU Lance C arke Hearing Officer Date: ~ :L" J q ~ APPROVED AS TO FORM: APPROVED AS TO CONTENT: />~ John~ County Attorney ~ J.Cl.'f"g Cindy Houben, Community Development Director Case #PI51-97 PID #2471-114-00-004 :lee, 5,1997 4:49PM .. 0" rl O. J,I5 P, 3/3 EXHIBIT A P1IR:EL A A tract of larrl in tn! N:a:theast: 1/4 of Se::t:icIl 7~ ~p 10 South, Range 84 West of tiE Sixth Prirx::ipal Meridian, situated entirely within am I::eiI1;r part of tn! Cora tee am Ella ~ Lcx'les, t1ni ted States Mineral Survey l'b. 5304, .Men:ied, desc::r:U::r:d as fol.J.o.is: Eleg:U1n:in;:; at tiE int..e....e..:ticn of l.i..re 2-3 of the said Cora tee ra::e am tn! /Ibrth l.i..re of tn! N::lI:thIoiest 1/4 of the Soutreast 1/4 of said Sect::1cn 7; then:::e /Ibrth 88' 57' West 418" 84 feet; tbe..ce N:Irth 45' 51' East 113.15 feet; then:::e N:Irth 44' 09' West 105.00 feet; 1;h:rx::e l\Orth 45' 51' East 182.00 feet; tl'a:ce So..rth 44' 09' East 402.20 feet; to tn! J?oint of' 8egi.nrl:Ir.r,;. PAKEr.. B A rx:n--€XClusive ease"."lL for irgress, ........== am Utility installat:i.cn C1.01.U:= the folJ.ol,r.!ng desc::r:ibed .....~ Ll': A strip of larxi 20 feet in width ~the Ella ~. lode claim, United States Mineral Survey l'b. 5304, ~l"".dt.J, nmn1r.g adjacent to am exteOOir.g 20 feet N::lr't:b:!r1y of the 1/4 line of 5e:::t:ion 7, Township 10 So..rth, Range 84 West of the Sixth Prin::ipal M:ticlian, nore parti.o.llar1y described as follCJI.IS: Eeginrling at the int:er=-I..lcn of the 1/4 line of Secticn 7 with the N::lrtl1I;egt; si """ li ne of said Ella Sh:I:wo:::d lode, as lIB:dI:ed by a 1954 brass cap; then:::e So..rth 88'5'7' East 422.05 feet to the i,"b=~Ucn with the Scut:beast s; n.:. 1 ; ne of said EllaSh:I:wo:::d I.cde; . then:::e N:Irth 45' 51' East 28.19 feet a.lcng said Southeast: <::;n.:.line; t:l"e.ce /Ibrth 88' 57' West 422.05 fest to the inte%secticn with the ~ sidel.in: of the said Ella Shen;a:d Ia:le; tl'a:ce South 45' 51' West 28.19 feet a.lcng said ~ S;n.:.1 ;ne to tiE Point of ~. 111111I1111111111111I111111111I1111111111I1111I 1I111111 41e122 03/31/1998 02:11P DETERMIN DAVIS SILVI 4 0' 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO rA. ORDINANCE NO. -1L.. Series of 1998 AN ORDINANCE OF THE CITY COUNClL OF THE CITY OF ASPEN, COLORADO, CORRECTING A LEGAL DESCRIPTION AND AMENDING AN EXISTING AGREEMENT WITH DR. RICHARD C. PHlLLIPS, RAYMOND N. AUGER, AND ALBERT G. TIMROTH AND DONNA M. TIMROTH FOR PROVISION OF TREATED WATER SERVICE TO SERVE AN ADDITIONAL PROPERTY LOCATED ON NORTH SPRUCE STREET. WHEREAS, the City Council has approved Ordinance No. 41, Series of 1997, which provides for extension of water service to a private water system to serve the properties on North Spruce Street owned by Dr. Richard C. Phillips, Raymond N. Auger, Albert G. Timroth and Donna M. Timroth ("Owners") and for the potential addition of other lots which the main was designed to serve; and WHEREAS, one of the Owners, Raymond N. Auger, has advised the City that the legal description of his real property in the original water service agreement should be revised to include a more recent description thereof; and WHEREAS, Owners have requested that their existing water service agreement be amended to include one additional lot to be connected to the'private water system; and WHEREAS, the Porath Family Trust has joined with Owners in an application to amend the agreement to include its lot, which can be served by the North Spruce Street private water system; and WHEREAS, all of the properties to be served by the private water system are presently located in Pitkin County, and not within the City limits of the City of Aspen; and WHEREAS, the ~orath Family Trus!.,Qas accepted provision of water service as conditioned upon submission and approval under the City's 8040 greenline and Ordinance No. 30 reviews, and will complete annexation and rezoning to R-30 prior to development; and WHEREAS, Section 25.12.020 of the Aspen Municipal Code provides that any extension of City water service outside the corporate limits of the City of Aspen shall be made pursuant to an agreement with the City and in accordance with the City of Aspen water main extension policy and, further, that the City may grant water service only upon a determination that no conflict exists between the best interests of the City and the prospective water use, and that the City may impose such contract, water rights dedication and bond requirements as it deems necessary to safeguard the best interests of the City; and WHEREAS, the City Council has adopted by Resolution No.5, Series of 1993, as amended, policies to guide municipal water system development and services beyond the City limits; and WHEREAS, said policies require the City Council to make a determination that the proposed water service extension complies with said policies and is in the best interests of the City of Aspen; and WHEREAS, the City Council has had an opportunity to review with City staff the proposed Correction to Property Description concerning the Raymond N. Auger parcel and the amendment to the existing North Spruce Street Water Service Agreement to add the Porath property, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT Section 1. The City Council of the City of Aspen hereby determines that the Correction to Property Description to the North Spruce Street Water Service Agreement be approved in the form attached hereto as Exhibit A and incorporated herein by reference. ~ Section 2. The City Council's agreement to provide water service to the Porath property is conditioned upon submission and approv~ under the City's 8040 greenline and Ordinanc\ No. 30 (~'-di~z.",.f.r.&.Q3Q t <:'~"fojo)., u.ta,~) reviewsrnd further conditioned upon completion of annexation and ;ezohing to R39 prior to development. Section 3. The City Council further determines that the proposed provision of additional City water to the North Spruce Street private water system to serve Porath's property located on North Spruce Street outside the City limits of the City of Aspen is in the best interests of the City and substantially complies with the City of Aspen water policy for extraterritorial services, as set forth in Resolution No.5, Series of 1993, as amended, and therefore agrees to extend City water service to Porath's residential lot ~o be connected to the private water system located on North Spruce Street in Pitkin County, on the terms and conditions set forth in the Amendment to City of Aspen Water Service Agreement and Pretapping Agreement attached hereto as Exhibit Band incorporated herein by reference. Section 4. This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 6. "'-1..9..~_ A public hearing on the ordinance shall be held on the 0' T day 09~ , 19~, in the City Council Chambers; Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the ~ day Of~' 199e. ~ 17' .A/--~'::&O John . ennett, Mayor Attest: .....-.-- BROOKE A. PETERSON GIDEON I. KAUFMAN. HAL S. DISHLER - LAW OFFICES OF KAUFMAN & PETERSON, P.C. 315 EAST HYMAN AVENUE, SUITE 305 ASPEN, COLORADO 81611 TELEPHONE (970) 925-8166 FACSIMILE (970) 925-1090 OF COUNSEL: ERIN L. FERNANDSZ- . Al.SO AOMl1'TE[lIN MARYl.P,NO - ALSO AOMITTED IN TEXAS - ALSO ADMITTED IN FLORlOA VIA HAND DELIVERY July 2, 1998 City of Aspen Water Department 130 South Galena Street Aspen, Colorado 81611 Attn: Phil Overeynder and Cynthia Covell, Esq. Re: Amendment to City of Aspen Water Service Al!reement and Pretappinl! Al!reement Dear Phil and Cindy: On behalf of my client, the Porath Family Trust Dated 03/15/94, I am enclosing herewith the duly executed Amendment to City of Aspen Water Service Agreement and Pretapping Agreement. The delivery of this docwnent, however, is conditioned upon the fact that the execution of this document by the Porath Family Trust Dated 03/15/94 shall not in any way diminish our ability to contest any conditions imposed by the City of Aspen Planning Office or the Aspen City Council in connection with the approval of this Agreement. Of} specjal concern is any request by the City of Aspen that the property owned by the Porath Family Trust Dated. . 03/15/94 participate in any further land use :eviews, including but not limited to, 8040 gr~en1ine review, other than those revIews of the building plans which WIll be submItted for a building permIt, sroce we have already received 1041 approval from Pitkin County for a home on the property. With this understanding in place, my client is more than willing to submit to and agree to the conditions of the enclosed Amendment. Should you have any questions, please do not hesitate to contact me. Yours very truly, BAP/ljk Enclosure cc: Arnold Porath lettcrs\city of aspen water dept. /--, AMENDMENT TO CITY OF ASPEN WATER SERVICE AGREEMENT AND PRETAPPlliG AGREEMENT This Amendment is made , 1998, to that certain Water Service Agreement entered into December 15, 1997, in Aspen, Colorado, between the City of Aspen, a Colorado municipal corporation and home rule city whose address is 130 South Galena Street, Aspen, Colorado 81611 (hereafter the "City"), and Dr. Richard C. Phillips, Raymond N. Auger, Albert G. Timroth and Donna M. Timroth, individuals who are herein collectively referred to as "Owners." This Amendment also amends that certain Pretapping Agreement among and between the same parties dated May 26, 1998. In consideration of the mutual promises and covenants set forth below, the parties and the Porath Family Trust Dated 03/15/94 ("Porath") agree as follows: . 1. The above-described Water Service Agreement was recorded with the Pitkin County Recorder on May 27,1998 at Reception No. 417351, and is herein referred to as the North Spruce Water Service Agreement. The above-described Pretapping Agreement is herein referred to as the "Pretapping Agreement." 2. The North SpruceW ater Service Agreement sets forth the tenns and conditions under which the City agreed with Owners to provide municipal water service to a private water system to be constructed, owned, operated, maintained, repaired and replaced by Owners and their successors. The Pretapping Agreement allows certain connections of individual service lines to the water main in advance of coimection of the service lines to structures. 3. Paragraph 11 of the North Spruce Water Service Agreement provides that other interested parties may connect to the private water system upon amendment of the North Spruce Water Service Agreement and payment by such parties of any recoupment charges imposed by Owners in addition to tap fees and other payments to be made to the City pursuant to the North Spruce Water Service Agreement. . 4. Porath is owner of the property described on Exhibit A, and referred to herein as the "Porath Lot." 5. Porath has requested permission from Owners and the City to connect the Porath Lot to the private water system, in order to provide water service to a single family residence to be constructed on the Porath Lot. Porath has agreed to pay all recoupment fees required by Owners, and has paid to the City the well system development fee and payment in lieu of water rights required by the City. Porath will pay to the City when due all utility hookup charges and water system connection charges (tap fees) required by the City connection with the Pre tapping Agreement. 6. Porath, by executing this Amendment, agrees, on behalf of itself, its successors and assigns, to be bound as an Owner to all of the terms and conditions of the North Spruce FINAL VERSION 062698 9:00 a.m. Water Service Agreement and the Pretapping Agreement, and Porath specifically represents that it is familiar with, and agrees to be bound by, those provisions regarding annexation of the Porath Lot. 7. Owners 'and City hereby agree that Porath may'become a party to both the North Spruce Water Service Agreement and the Pretapping Agreement as an Owner, subject to all of the tenus, conditions, benefits and burdens of both agreements. 8. Owners and Porath hereby confinu that the North Spruce Street Association, which has organized, managed and advanced funds for the planning, permitting and construction of the private water system infrastructure, has the exclusive right to grant others the right to tie in to the private water system and to charge others a recoupment charge in addition to tap fees and other payments to be made to the City. The North Spruce Street Association hereby grants Porath the right to tie in upon payment of his agreed upon recoupment charge. 9. The parties and Porath agree that, by the addition of Porath as a party to be served pursuant to the North Spruce Water Service Agreement, the City shall provide treated water service to the private water system in an amount not to exceed 13.8 ECUs, or a maximum of 5.03 acre-feet per year, and that references in paragraph 1 of the North Spruce Water Service Agreement and the Pretapping Agreement to the .amount of water to be provided by the City thereunder are deemed amended accordingly. 10. Porath's address for purposes of paragraph 29 of the North Spruce Water Service Agreement and paragraph 10 of the Pretapping Agreement is c/o Arnold Porath, 12",00 Wilshire Blvd. #14SQ, Los Angeles, CA 90025. Said address may be changed for purpose. of either agreement as therein provided. 11. This Amendment shall be recorded at Owners' expense. 12. Except as otherwise herein specifically amended, the North Spruce Water Service Agreement and the Pretapping Agreement remain in full force and effect. Dated: .~ / /CflJ" J CITY OF ASPEN ATTEST: By: kl?~ Jo Bennett, Mayor ~I41k City Clerk FINAL VERSION 062698 9:00 '.m. -2- . Dr. Richard C. Phillips (../~~ AI~ G. Tirnroth . Porath Family Trust Dated 03/15/94 ~~~ ~Arb4 () By: A. n ""....<-~ Trustee ~ C,IWP61ILEGALSIAUGER.AMD '-- FINAL VERSION 062698 9:00 a.m. 1~1AAr R>iym 'd N. ~"" .:;:J """'" kl\.... ,~.\\ ('-c f7 ~ '\. \.\~~~ Donna M. Tirnroth -3- t' Ii ,.-t-,....--.-.,.. ...-----~......-.---:-..<--..,. ---..----,..-... "'--",.. 'l J! . ';Jrtr-: 'lIIi" . 11;~ ~ '1 1;. ~ ,~iil I;;: .\~ . .-if- ~ 'i .' !,; r t I f .r j" ~ . ,:t~f;~'rti~f-: '. ., , f . l i f I; I I. T r L ',. JUN 26 '98 01:42PM FREILICH, MYLER, LEITNER & ~Hk~l .----.....-.......-.---,.... ~c:O?~ Dr. Richard C, Phillips Albert Q, Timroth Porath Family Trust Dated 03/15/94 .';'. - .r By: Trustee C'\WPG1\I.ECAI.S\AUCER.AMD FINAL VERSION 06Z698 9:00 a,m. r.o> ..----.--.........,-!'-...........-----....--. -. --.--...-.--....-...--.- .. h~l~.~;..!~"'i RaymondN. Auger Donna M, Timroth :," <r~:twr_1;.::.,':' ~;: " f~: j -3- JUN. 26. 1998 3:33PM LAW OFFICES NO.909 P.2 NOTARIZAttONS City of bQs~Gl- } and County of Ea';)IG< } } 55 State of Colorado } Subscribed and swom to before me by A l bcr+ &- .I;mn-Th. on this ?q -/1.-- day of :::f;,nt, ,1993-.' . Witness my hand and official seal. (SEAL) ~vlTJv Notaty Public My commission expires: -:r I n ("2tJOO Cityof 0,^~l+ and County of 'CA." Iv State of Colorado } } } S8, } Kristin limroth Not8ly P.ubllc 154 Ridge Road . P.O. Box 1171 Basa~, CO 81621 My Comml$$ion I!XPlres 07/27/2000 Subscribed and sworn to before me by D:::vII"t't m.j; mrv-h'Ol1 this ].."1 -h.,., day of "JVV10 . 199L, Witness my hand and official seal. (SBAL) r<~T~ Notary Public My commission expires: l!2.:r-/2-0OD City of A"':> De. Yl } andCountyof~ } } SS State of Colorado } Kristin Timroth Not8ly P.ublic 1S4RldgeRoad' P.O. Box 1171 Basalt. CO 81621 My Commlsslon e",,~ras 07/Zl/2000 JUN. 26. 1998 3:33PM LAW OFFICES NO. 909 P.3 Subscribed and sworn to before me by ~(Y'\l)ry/ N. Al;gebn this ri) qtJ:;J. day of :JUne. ,199...a.. Notaty lie My comm;lI..o;ionexpi1'es: '-I ItO/O,d I # !.!V CO/!!.!lSSlOfl EXPtRE8 401":02 City of ~ andCounty f i9,~ } } } S8 } State of Colorado I sf' day of SEAL) ~2Pu~' My commission expires: 3/ZC:; / to 0 Z- -1f ~~i~ cP~~~~3)~/9/ 1 11111111111111111 I1111I 1IIIIlII/IlIIIl III 11111 1111 llll 41!122 03/31/1998 02:11P OETERMIN DAVIS SILVI 1 Dr 4 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO, REGARDING THE PORATH 1041 HAZARD REVIEW AND CONCEPTUAL SUBMISSION RECITALS 1. Arnold Porath (hereafter "Applicant") has applied to the Pitkin County Hearing Officer (h~resfter "Hearing Officer'') for a 1041 Hazard Review approval to e.'ttablish a building envelope to construct a new single-family residence. 2. The property is located on Norih Spruce Street, east oftJle Williams Wood housing development, and is more specifically described in the attached Exhibit A. 3. The majority of the property is zoned AFR-10. A small portion of the property below the 8040' contour line is zoned R-30. The site contains approximately 1.5 acres. 4. The Hearing Officer heard this application at a public hearing on March 26, 1998 at which time evidence and testimony were presented with respect to this application. NOW THEREFORE, BE IT RESOL YED by the Pitkin County Hearing Officer that approval is " hereby granted to the Porath 1041 Hazard Review and Conceptual Subm Ission, subject to the following conditions: 1. The Applicant shall submit an amended site plan to the Community Development Department for recording, prior to submission of any building permit applications. The site plan shall also be submitted in digital format for integration into the County's GIS system. The site plan shall be modified as follows: A. A signature block for the Pitkin County Hearing Officer and Acceptance for Recording shall be included. B. The following 104\ hazard waiver shall be included on the site plan with owner signature: "Applicant acknowledges that helshe has been informed by Pitkin County of the existence of \ 041 environmental hazard areas that might affecnhe property, any improvements, and the use and occupancy thcrcof." C. A vicinity map shall be included on the face aflhe site plan. 2. 'rhe Applicant shall comply with the following landscaping and wildfire defcnsiblc space mitigation standards: A. Brush, debris, and non-ornamental vegetation shall be removed within a minimum 10 foot perimeter around tile structure. B. Vegetatioll shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30 foot perimeter aroul]d a structure built on flat ground. Detexmination No, 98- Page 2 Ut~~ filii 111111 1I1111 1I1I1I1I11111I1/li 1111111111111 2 03/31/1998 02:11P DETERMIN DAVIS SILVI or 4. R 0.00 0 0.00 H 0.00 ~%TkIH COUNTY CO C. Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall be two times the height ofthe fuel. All measurements shall be from the edges of the crowns of the fuel. D. All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 10 feet above the ground and removal of ladder fuels from around trees and brush. E. Tree crown separation within the 30 foot perimeter shall have a minimum of 10 feel between the edges of the crowns. This does not apply to mature stands.of Aspen trees where the above recommendation for removal ofladder fuels have been compiled with. In areas of aspen regeneration, the spacing guidelines shall be followed. F. All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be ~emoved. G. The density offuel within a 100 fool perimeter of the structures shall be reduced where nalural reduction has not already occurrcd. H. All deadfall within the 100 foot perimeter shall be removed. 1. The Applicant shall be responsible.for the continued maintenance ofthe defensible space vegetation requirements. . 3. The Applicant shall comply with the fonowing additional wildfire mitigation standarcls: A. Roof construction shall be Class A, non.combustible material with no flat roofs. B. Vents shall be screened with corrosive resistant wire mesh with mesh 1/4 inch maximum. C. Roofs and gutters shall be kept clear of debris. . D_ Yards shall be kept clear of all litter, slash, and flammable debris, E. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away from any structure. '. F. Weeds and grasses within the 10 foot perimeter shall be maintained to a height not more than 6 inches. . G. Firewoodlwood piles shall be stacked on a parallel contour a minimum of 15 feet away from the structure. H. Fences shan be kept clear of brush and debris. 1. Wood fences shall not connect to the structure. l. Fuel tanks shall be installed underground with an approved container. K. Propane tanks shall be installed according to NFPA 48 standards and On a contour away from. the structure with defensible space vegetation mitigation around any above-ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour fIre- resistive construction on the exterior side of the walls. . L. Each structure shall have a minimum of one 10 pound ABC fire extinguisller. M. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and installed on a non-combustible post. N. All utility extension shall be buried. 4. No development, including grading, landscaping, vegetation removal or disturbance, shall occur outside of the approved building envelope, except for utility and driveway extension and maintenance, and as may be necessary to implement the wildfire mitigation measures required elsewhere in this document. 5. Should the Applicant decide to install a fireplace/woodstovc, a fireplace application must be filed with the Environmental Health Departrnentpriorto the issuance ofa building permit. . Determination No, 98- Page 3 lltIJ~2'~ll/!I~I}Jj!II!~!'lll~~~!!tllll!!t\111!l~III 3 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 6. The applicant ~hall connect to the Aspen Consolidated Sanitation District unless a letter is provided to the Environmental Health Department prior to the issuance of a building permit indicating that sewer service to the property is not feasible. 7. Prior to the issuance of a buHding permit, the Applicant shall provide the Environmental Health Department confirmation of adequate quality and quantity for water service on the property. In the likely event that adequate water service On the property is not available, the applicant shall pursue connection to the private water line proposed along North Spruce Street which will be installed Spring of 1998, 8. Access permit shall be reviewed and approved by the County Engineer prior to the issuance of a building permit. 9.' For any free market residential stnJcture of 5,000 gross square feet or greater, the appli=t is required to provide the ~ollowing traffic studies: A. Prior to application for building permit the applicant sllall provide for review and approval of the County Engineer a constnJction trip generation study, B. Prior to issuance of a Certificate of Occupancy, the applicant shall provide a trip generation study for the residence, which shall be developed l:JY a traffic engineering consultant hired by the applicant and pre-approved by the County Engineer," lO. All material representations made by the applicants in the application or in public meeting shall be adhered to and considered conditions of approval, unless amended by other conditions. NOTICE OF PUBLIC HEARING PUBLLsHED IN THE ASPEN TIMES ON THE 14TRDAY OF FEBRUARY, 1998. APPROVED AND ADOPTED ON THE 26TH DAY OF MARCH, 1998. A TIEST: HEARING OFFICER OF PITKIN COUNTY, COLORADO ,~ . 21}1fMD'tI? ,M/I~ ShllJ'on Hirmw Administrative Assistant ffu6M'j'U Lane C arke Hearing Officer Date: ::::.r~' If{ i? , APPROVED AS TO FORM: APPROVED AS TO CONTENT: ......~ .-.,,- . John ~-- County Attorney /-;11Vl/~'hA~ J'. i:). '1-?8 Cindy Houben, Community Development Director . Case #P151.97 PlD #2471-1 ] 4-00-004 r CORRECTION OF PROPERTY DESCRIPTION (This is a correction given to correct an erroneous legal description of the property described as "Raymond and Camilla Auger Property" in Addendum I to that certain Water Service Agreement dated December 15, 1998, and recorded with Pitkin County Recorder at Reception Number 417351, page 27 of 46, on May 27, 1998.) The undersigned acknowledge that the legal description of the property identified in the above-named Water Service Agreement as the "Raymond and Camilla Auger Property" does not describe the property intended to be subject to said Water Service Agreement, and that said property description is hereby replaced in its entirety with the legal description attached hereto as Exhibit 1 and incorporated herein by reference. References to the "Subject Property" in the above-referenced Water Service Agreement and any amendments, addenda and exhibits thereto are deemed to include the property described on Exhibit 1 hereto. Dated: August 10, 1998 CITY OF ASPEN ~ r7~v ..;:Jff Mayo{ RAYMOND N. AUGER. Ryr +- Attest: ;/ ~ fl.J4~~a/ City Clerk ~ / ''-----. State of (Jrx r'lf?/Ja) ) ) ss. County of ?-r-rk..LAJ ) C1 Subscribed and sworn to before me by Raymond N. Auger, on this I X' ~ day of -0 tH';C ,199.8::-. Witness my hand and official seaL) / /03 kcoo " \~-" 0. 7 ,g'-, JJlyj; L, Notary Public 1/ Ina kroo " . (SEAL) My commission expires: C:\NET\EUDORA\INATT ACH\CQRREG2. WPD . . DESCRIPTION OF AUGER PROPERTY The Parcel is located in that portion of the Mining Claims Cora Lee, M.S. 5304 Amended and Ella Sherwood, M.S. 5304 Amended in the SW 1/4 of the NE 1/4 of Section 7, Township 10 South, Range 84 West, 6th Principal Meridian, County of Pitkin, State of Colorado being more particularly described as follows: Beginning at the southwesterly comer of the Parcel whence the C-E 1/16 comer, Section 7, Township 10 South, Range 84 West, 6th Principal Meridian, a Bureau of Land Management monument with a brass cap, 1954 bears S 890 11' 09" E, 175.10 feet; I. Thence N 440 13' 06" W, 402.05 feet; 2. Thence N 45044' 08" E, 63.60 feet; 3. Thence N 440 13' 06" W, 188.44 feet; 4. Thence N 460 IT 18" E, 489.79 feet; 5. Thence S 45038' 54" E, 23.83 feet; 6. Thence S 460 IT 19" E, 155.03 feet; 7. Thence S 450 41' 10" W, 355.00 feet; 8. Thence S 630 33' 15" E, 222.40 feet; 9. Thence N 45041' 10" E, 289.2 10. Thence S 46032' 19" E, 197.49 feet; 11. Thence S 450 45' 13" W, 575.43 feet to the Point of Beginning.