HomeMy WebLinkAboutLand Use Case.600 Smuggler Mountain Rd.A109-99R
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Pitkin County Board of County Commissioners '
Pitkin County Growth Management Commission
530 E. Main
Aspen, CO 81611
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THE CITY OF AsPEN
OrnCE OF THE MAYOR
January 10, 2000
RE;: Stanger Subdivision, Parcel Identification Number 2737-074-00-042
Dear Commissioners:
The Aspen City Council is writing to recommend that the Pitkin County Board of County.
Commissioners deriy granting development rights for the proposed Stanger Subdivision,
Parcel Identification Number 2737-074-00-042. Mr. Robert A. Stanger and his
representatives subm\tted an application for Conceptual Metro Residential Growth
Management Quota System (GMQS), Subdivision, 1041 Hazard Review, Special
Review, and GMQS Exemption for a Dwelling Unit Deed Restricted to Affordable
Housirig Price, Income and Occupancy Guidelines Outside the Affordable Housing Zone
District for the subject property,
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City Council recommends denial for the following reasons:
1. The proposed development does not comply with the 1993 Aspen Area
. Community Plan (AACP) or the Draft AACP 1998 Update.
Open Space .
The 1993 AACP is exceptionally clear in its vision for Smuggler Mountain as an
open space and recreation area for the community, as stated on page 46 of the
plan:
It is the position of the Open Space Committee that Smuggler Mountain be
purchased as open space and a recreation area for the community, We feel that it
is one of the highest priorities the City and County should have relative to
recreation, access to public lands and visual character.
Smuggler Mountain is the last remaining undeveloped mountain side as seenfrom
the gondola, It has increasingly become one of the highest used recreation areas
of our community. . Smuggler mountain also provides access to the USFS public
lands,
130 SoUTH GALENA STREET' AsPEN, COLORADO 81611-1975 . PHONE 970.920.5199 . FAX 970.920.5119
Prinled on Recycled Paper
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We are not opposed to housing on the lower portions of Smuggler Mountain with
development no higher than the existing level of development (excluding the
Cooper housing located higher on the side of the mountain./
In addition, both the 1993 and 1998 draft plans include the following action
statement: If the opportunity arises, acquire properties on Smuggler Mountain for
public open space.
Aspen CommlUlity Growth Boundary
It should also be ,noted that the development would be located outside of the
proposed Aspen Community Growth Boundary.
The Draft Aspen Area Community Plan 1998 Update states that the boundary is
intended to help preserve open space, discourage urban sprawl and manage the
transportation impacts of new developments. In order to make the boundary
effective, the County may need to lower acceptable density levels in the'
unincorporated areas, and the city will need to pursue infill in existing
neighborhoods. The Community Growth Boundary would also serye as the base
of ajUture annexation agreement between the City and County and require
intergovernmental coordination for any development approvals in the joint
planning area,
Transportation
The property's location along side the steep Smuggler MOlUltain Road will likely
increase the use of automobiles, particularly on Smuggler MOlUltain road, The
proposed project is located at an elevation of approximately 8350 feet-
approximately a 350 foot elevation increase from the bus stop located at the
bottom of the road, Residents are not likely to walk to the bus stop or town
,because of the steep road, and particularly not during inclement weather on a
steep, slippery road downhill in winter or uphill during summer heat.
The applicant contends that the provision of a trail easement along Smuggler
MOlUltain Road will help increase the number of available transportation choices,
but the applicant is not proposing to develop and maintain the trail. The proposed
trail easement is located mainly on slopes of approximately 40% or greater, The
trail development and maintenance costs would likely be a significant financial
drain on the County's budget.
Consequently, residents will likely drive to and from work and to town for
shopping because of the road's steep slope, or at the least to the bus stop (which is
not a park-and-ride facility). The result will be increased safety hazards for
persons recreating on Smuggler Mountain Road, increased air pollution, and a
more congested downtown core,
2. The proposed site is mapped severe wildfire, and the Pitkin County Land Use
Code requires the denial of development applications on sites exposed to this
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natural hazard. The mitigation required for this hazard is clearing of
serviceberry and gamble oak trees which have a high fuel content for wildfires.
In addition, the proposed development envelope, not to be confused with the
proposed building envelope, may include utility installations, fences, ponds,
irrigation structures and facilities, and private trails.
Re-vegetating Smuggler Mountain's steep, south facing slope in the development
envelope and mitigation areas will consequently result in significant scars highly
visible from town and increased potentiaIfor erosion.
3. City Council recognizes that the project is subject to Pitkin County's 1041
Hazard Review, but believes it is also important to notify County
Commissioners that the project would Dot likely meet the City's Development
in Environmentally Sensitive Areas (ESA) standards if it were located in
Aspen. The purpose of the ESA standards is to identify areas within the City that
are of particular ecological, environmental, architectural or scenic significance,
In this case, the City does not believe the proposed development meets the
following standards for development above 8,040 feet, referred to the 8040
Greenline Standards:
1. The parcel on which the proposed development is to be located is suitable for
development considering its slope, ground stability characteristics, including
mine subsidence and the possibility of mudjlow, rockfalls and avalanche
dangers: If the parcel is found to contain hazardous or toxic soils. the
applicant shall stabilize and re-vegetate the soils, or, where necessary, cause
them to be removed from the site to a location acceptable to the city,
2, The proposed development does not have a significant adverse affect on the
natural watershed, runoff, drainage, soil erosion or have consequent effects
on water pollution.
3. Any grading will minimize, to the extent practicable. disturbance to the
terrain, vegetation and naturallandfeatures.
4. Building height and bulk will be minimized and the structure will be designed
to blend into the open character of the mountain.
5. Adequate roads are available to serve the proposed development. and said
roads can be properly maintained. .
6. Adequate ingress and egress is available to the proposed development so as to
ensure adequate access for fire protection and snow removal equipment.
The Aspen City Council recommends that the Board of County Commissioners of Pitkin
County deny any request for new development rights on the subject property because
development in this location directly contradicts the 1993 AACP and proposed 1998
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Update, does not satisfy the City's Development in Environmentally Sensitive Areas
Standards, and is mapped severe wildfire.
We would be happy to further discuss these concerns with the Board of County
Commissioners if you desire. .
Sincerely,
Aspen City Council
Rachel Richards, Mayor
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Tom McCabe, City Council Member
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MEMORANDUM
TO:
Suzanne Wolf, Pitkin County Senior Planner
THRU:
Julie Ann Woods, Community Development Director
Joyce Ohlson, Community Development Deputy Director
FROM:
Nick Lelack, City of Aspen Planner
RE:
Stanger Conceptual Metro Residential GMQS, Special Review and
GMQS Exemption for a Dwelling Unit Deed Restricted to Affordable
Housing Price, Income and Occupancy Guidelines
DATE:
January 7, 2000
The City Planning Office reviewed the Stanger application for Conceptual Metro
Residential GMQS, Special Review and GMQS Exemption for a Dwelling Unit Deed
Restricted to Affordable Housing Price, Income and Occupancy Guidelines, The City of
Aspen Community Development Department recommends denial of the application for
the following reasons:
I, The proposed development envelope is mapped severe wildfire, The City
Planning Staff does not support the "clearing" of native vegetation, including
service berry and scrub oak, to mitigate for this potential natural hazard, Re-
vegetating steep, south facing slopes is frequently unsuccessful and scars hill and
mountain sides, Further, clearing these species and unsuccessful re-vegetation
leads to severe erosion on the mountain sides, creating hazards for residents
below.
2, The proposed development does not comply with the 1993 Aspen Area
Community Plan (AACP) or the Draft AACP 1998 Update. The AACP states
on Page 46: It is the position of the Open Space Committee that Smuggler
Mountain be purchased as open space and a recreation area for the community.
We feel that it is one of the highest priorities the City and County should have
relative to recreation, access to public lands and visual character,
Smuggler Mountain is the last remaining undeveloped mountain side as seen from
the gondola. It has increasingly become one of the highest used recreation areas
of our community. Smuggler mountain also provides access to the USFS public
lands.
We are not opposed to housing on the lower portions of Smuggler Mountain with
development no higher than the existing level of development (excluding the
Cooper housing located higher on the side of the mountain.).
In addition, both the 1993 and 1998 draft plans include the following action
statement: If the opportunity arises, acquire properties on Smuggler Mountain for
public open space,
Finally, the development would be located outside the proposed Aspen
Community Growth Boundary. The Draft Aspen Area Community Plan 1998
Update states that the boundary is intended to help preserve open space,
discourage urban sprawl and manage the transportation impacts of new
developments, In order to make the boundary effective, the County may need to
lower acceptable density levels in the unincorporated areas, and the city will need
to pursue injill in existing neighborhoods. The Community Growth Boundary
would also serve as the base of afuture annexation agreement between the City
and County and require intergovernmental coordination for any development
approvals in the joint planning area.
3, City Planning Staff does not believe the proposed development meets the
City's Development in Environmentally Sensitive Areas (ESA) standards. The
purpose ofthe ESA standards are to identify areas within the City that are of
particular ecological, environmental, architectural or scenic significance,
Specifically, Staff does not believe the proposed development meets several of the
8040 Greenline Review Standards, including standards 1,2,5,7 and 10 below,
8040 greenline review standards. No development shall be permitted at, above.
or one hundred/ifty (150) feet below the 8040 greenline unless the Planning and
Zoning Commission makes a determination that the proposed development
complies with all requirements set forth below,
1. The parcel on which the proposed development is to be located is suitable
for development considering its slope, ground stability characteristics, including
mine subsidence and the possibility of mud flow, rockfalls and avalanche
dangers. If the parcel is found to contain hazardous or toxic soils, the applicant
shall stabilize and re-vegetate the soils, or, where necessary, cause them to be
removed from the site to a location acceptable to the city,
2. The proposed development does not have a significant adverse affect on
the natural watershed, runoff, drainage, soil erosion or have consequent effects
on water pollution.
3. The proposed development does not have a significant adverse affect on
the air quality in the city,
4, The design and location of any proposed development. road, or trail is
compatible with the terrain on the parcel on which the proposed development is
to be located.
5. Any grading will minimize, to the extent practicable, disturbance to the
terrain, vegetation and natural land features.
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6, The placement and clustering of structures will minimize the need for
roads, limit cutting and grading, maintain open space, and preserve the mountain
as a scenic resource,
7, Building height and bulk will be minimized and the structure will be
designed to blend into the open character of the mountain.
8, Sufficient water pressure and other utilities are available to service the
proposed development,
9, Adequate roads are available to serve the proposed development, and said
roads can be properly maintained
10. Adequate ingress and egress is available to the proposed development so
as to ensure adequate access for fire protection and snow removal
equipment,
However, if the proposal is approved, then the City Planning .Staff recommends the
following conditions of approval be adopted:
1, The owner shall convey a trail easement to Pitkin County Open Space on the
property, and the County has sole discretion over the location of the trail easement
as long as it is located outside the building envelope (it may be located inside the
development envelope),
2, The affordable housing unit shall not have interior doors connecting to the
remainder of the house, should be located above grade in a side-by-side
configuration with the free market unit (instead of an above-grade/below-grade
configuration), and fully deed restricted.
3. Limit the floor area ratio (FAR) to no more than 10% less than the next highest
residence(s) on Smuggler Mountain because of the elevation of this site, not to
exceed 11,000 square feet,
4, The submission of a lighting plan for the development that demonstrates
compliance the City's new lighting ordinance and that shows the following:
A. The location and height above grade of light fixtures;
B. The type (such as incandescent, halogen, high pressure sodium) and
luminous intensity of each light source;
C. The type of fixture (such as floodlight, full-cutoff, lantern, coach light);
D. Estimates for site illumination resulting from the lighting, as measured in
foot-candles, should include minimum, maximum and average
illumination. Comparable examples already in the community that
demonstrate technique, specification, and/or light level should be provided
if available to expedite the review process; and
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E. Other information deemed necessary by the Community Development
Director to document compliance with provisions of the Land Use Code.
5, Prior to issuance of any building permits, the applicant shall consult with the
County Wildlife Biologist or City Forester for selection of vegetative species for
revegetation efforts,
The following discussion is City Planning Staffs findings on the GMQS scoring
criteria.
Criteria. The four following community character-based scoring criteria are intended to
encourage imaginative, innovative and flexible approaches to advancing the visions of
Aspen area residents. Each criterion is presented in the form of general background and
vision statements. Examples of methods that might be used to implement the vision
follow the background and vision statements. It is recognized that some statements will
have no relevance to certain types of projects; projects will not be penalized by low
scores when that is the case, Moreover, the list of possible implementation methods does
not exhaust the range of possible actions for which points will be awarded, Those
wishing to explore other possible means of advancing stated goals are encouraged to
review the Aspen Area Community Plan and to consult with representatives from the
Community Development Department,
1. Revitalizin?; the permanent community. Residents of the Aspen area have
long recognized the need to preserve the community's character and identity as
more than just a resort, a collection of second homes and a tourist shopping
mecca, They recognize that a "critical mass" of permanent residents and local-
serving businesses is necessary to make any community function. They recognize,
too, that the vitality brought to the Aspen area by full-time residents is being
seriously diluted by the inability of working people to live in their own
community.
As a result of these concerns, one of the community's central goals is to create a
community with a size, density and diversity that encourages interaction,
involvement and vitality and one that provides opportunities for its workers to
become a permanent part of the social fabric.
These are a variety of ways in which a project might address the goal of
revitalizing the permanent community, including, but not limited to the following:
a, providing high-quality, on-site, affordable housingfor permanent
residents consistent with the Housing Authority Guidelines;
Staff Finding
The proposed category two, 2-bedroom, 850 square foot affordable housing unit satisfies
this requirement, As stated in the application, this unit provides mitigation for 56% of
the projects four (4) residents, The quality of this unit will depend on the location of the
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unit in relation to the house, For example, a high quality unit will be located above grade
ina side-by-side configuration with the free market unit, and a low quality unit will be
located below the free market unit in the basement.
b. providing site-appropriate mixing of free market and affordable
housing for efficient provision of services such as transit, and for
discouraging site planning that segregates affordable and free market
units;
Staff Finding
The location of this site does not lend itself well to the efficient provision of services, and
is not in a transit served area. However, there is an appropriate mix of free market and
affordable housing units on the site,
c, creating affordable dwelling units through buy-downs or
conversion of existing free market units; and
Staff Finding
This standard is not applicable because the applicant is proposing to create a new
affordable housing unit on site and not through buy-downs or conversion of existing free
market units,
d. providing "locally-serving commercial space/businesses, "
Staff Finding
This standard is not applicable.
2, Providinf!; transportation alternatives. Reducing dependency on the
automobile is vital for the long-term livability and health of the Aspen area. The
Aspen Area Community Plan envisions a time in the not-too-distant future when
the automobile is not the dominant means of moving people in and around the
community. The Aspen Area Community Plan seeks a balanced, integrated
transportation system for residents, visitors and commuters that reduces traffic
congestion and air pollution,
These are a variety of ways in which a project might address the goal of providing
transportation alternatives, including, but not limited to the following:
a, reducing the needfor private vehicles as aform of transportation;
Staff Finding
The property's location along side the steep Smuggler Mountain Road will likely increase
the use of automobiles, particularly on this rural road, Residents will likely drive to and
from work and to town for shopping because of the road's steep slope, or at the least to
the bus stop (which is not a park-and-ride facility), Staff agrees with the applicant that
the project's residents are likely to use the road for recreational purposes, but this use
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does not address the criteria or further the community's goals of reducing auto
dependency.
b. facilitating and encouraging year-round pedestrian
transportation;
Staff Finding
Again, Smuggler Mountain Road is very steep and this project is located at an elevation
of approximately 8350 feet - approximately a 350 foot elevation increase from the bus
stop located at the bottom of the road. Consequently, the project's residents will most
likely drive to their destinations or to the bus stop.
c. helping to implement a valley-wide mass transit system;
Staff Finding
The applicant's proposal to contribute $5,000 to RFTA to be used toward the acquisition
of new buses and $5,000 for the construction of a bus stop shelter in the vicinity of the
base of Smuggler Mountain Road address this criteria.
d. providing needed improvements to the existing RFTA system;
Staff Finding
The applicant's proposal to contribute $5,000 to RFTA to be used toward the acquisition
of new buses and $5,000 for the construction of a bus stop shelter in the vicinity of the
base of Smuggler Mountain Road addresses this criteria.
e. increasing the number of available transportation choices;
Staff Finding
The location of the project near town will allow for pedestrian travel to and from town,
but the steep road will likely encourage residents to drive at least to the bus stop and then
a shorter distance in to town. The applicant contends that the provision of a trail
easement along Smuggler Mountain Road will help increase the number of available
transportation choices, but the applicant is not proposing to construct and maintain the
trail. Further, Staff does not believe this trail can be built or present a safe situation
because of the steep slopes where this easement would be located. The trail development
and maintenance costs would likely be a significant financial drain on the County's
budget. As mentioned above, the City recommends imposing the following condition of
approval: The owner shall convey a trail easement to Pitkin County Open Space on the
property, and the County posses sole discretion over the location of the trail easement as
long as it is located outside the building envelope (it may be located inside the
development envelope).
f creating a less congested downtown core;
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Staff Finding
Staff believes that the location of the project on the steep Smuggler Mountain Road will
encourage residents .to drive to and from town, thereby creating a more congested
downtown core. However, if the residents elect to drive to the bus stop at the bottom of
Smuggler Mountain Road then this criteria would be addressed.
g. helping to implement the transportation planning policies of the
AACP and the Aspen to Snowmass transportation plan;
Staff Finding
Again, the project's location on the steep slope will encourage residents to drive at least
to the bus stop, and most likely in to town, contradicting the Aspen and Snowmass
transportation plauning policies. In addition, the applicant is not proposing to build a
trail; instead, the proposed is for a trail easement in a location where the trail is not likely
to be developed. Therefore, the trail easement will not contribute to the implementation
of these plans.
h. altering land use patterns to accommodate and contribute to a
more efficient and effective transit system;
Staff Finding
See a.-h. of this section for comments.
i. creating, improving or expanding public commuter trails,
walkways or bikeway facilities that are consistent with the goals of the
AA CP and associated plans, such as the pedestrian/bikeway plan;
Staff Finding
This proposal does not create, improve, or expand public commuter trails, walkways or
bikeway facilities. Instead, it proposes to establish a trail easement for the County to
develop and maintain on steep slopes.
j. locating developments near transit facilities;
Staff Finding
Again, the development is located near a transit facility with at least a 350-foot elevation
difference on a rural road. As a result, residents will not experience a short walk to and
from the transit facility, especially not during inclement weather on a steep, slippery road
downhill or sununer heat uphill.
k providing on-going transportation to andfrom the airport, ski
areas and shopping areas;
Staff Finding
Not applicable for this small project.
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I. providing on-going employee transportation services such as van
pools or buses at no cost to employees;
Staff Finding
Not applicable for this small project.
m. providing bicycle parking, showers and lockers for employees; and
Staff Finding
Residents will be provided bicycle parking and the dwelling units will naturally have
showers.
n. providing secure bicycle storage for guests and employees.
Staff Finding
Residents will be provided secure bicycle storage.
3. Promotinf< environmentally sustainable development. The natural
environment is one of the community's greatest assets. As a result, only that
development that is environmentally sensitive and that promotes individually
responsible, ecological lifestyles shall be allowed. This sub-Section seeks to foster
a high level of consciousness relative to resource conservation, wildlife protection
and environmental sustainability.
These are a variety of ways in which a project might address the goal of
promoting environmentally sustainable development, including, but not limited to
the following:
a. orienting building sites, streets and other project features in order
to maximize potential for use of solar energy and other renewable energy
resources;
Staff Finding
The proposed dwellings will be oriented to maximize the use of solar energy, but the
energy and resources used to construct and maintain this house will certainly be greater
than for properties located in town.
b. protecting and preserving existing trees and other mature
vegetation during and after the construction process;
Staff Finding
The property is mapped severe wildfire and the only way to mitigate for this natural
hazard is to "clear out" native vegetation, particularly service berry and scrub oak. In
addition, a large portion of the development envelope will be located on steep, south
facing slopes where re-vegetation will almost certainly unsuccessfully return the property
to its natural state. All other existing trees will be maintained on the property and
protected.
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c. using fewer or cleaner wood-burning devices than allowed by law;
Staff Finding
The application addresses this standard.
d. removing or replacing existing, dirty wood-burning devices;
Staff Finding
Not applicable because none of the devices exist on the property.
e. increasing community access to natural and open space areas;
Staff Finding
The application includes a proposal for a new park with picnic tables and drinking
fountains, which increases community access to natural and open space areas in this high
used recreation area. The proposed trail easement should not be factored into this score
because the applicant is not proposing to develop the trail, and the trail may never be
built because of the location of the proposed easement.
f promoting community recycling efforts;
Staff Finding
The application states that the projects residents will participate in recycling efforts, but
otherwise the application does not state how it will promote such efforts.
g. landscaping with low-water-use plant materials and using
chemical-free landscape maintenance techniques;
Staff Finding
The development will attempt to use natural grasses for re-vegetation of disturbed areas
and for the proposed park. Chemical free landscaping is also proposed for the project.
However, the natural grasses will not likely grow again on the south facing, steep slopes
in the development envelopes.
h. employing measures that reduce PMIO levels in the non-attainment
area;
Staff Finding
The proposal is for a driveway that is paved or chip-sealed or subject to dust control
applications to prevent dust contamination. Wood burning devices are prohibited.
i. preserving and efficiently using environmental resources during
all phases of development, including types of materials used and fUture
energy and material needs of the project;
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Staff Finding .
The application states that the construction will utilize solar design and have insulation in
excess of code requirements. It also contends that a voluntary limit on FAR to 11,000
square feet will help limit the use of resources in construction. Renewable resources and
non-scarce Or threatened species of wood are proposed to be used, and grey water is
proposed to limit the use and disposal needs of the dwelling units.
However, limiting the FAR to 11,000 square feet is still 11,000 square feet more than this
property is currently allowed to construct because it does not have a development right.
Staff recommends a that the FAR be limited to 10% less than the next highest
residence(s) on the mountain because of the elevation of this site. Further, the application
states that it may develop a pond and will clear out some native vegetation for wildfire
mitigation; neither of these proposals preserves environmental resources.
j. completely avoiding ridgeline development and natural hazard
areas as defined in Section 24.65.1. 103, C.R.S.;
Staff Finding
The development is located in severe wildfire range.
k enhancing existing wildlife habitat; and
Staff Finding
The project does not enhance existing wildlife habitat because it creates development
rights in an area where no such rights currently exist. Further, the proposed Open Space
and Wildlife Enhancement Areas are located on slopes in excess of 35% slopes, which
caunot be developed under any circumstances according the Pitkin County Land Use
Code.
l. complying with the letter and spirit of Chapter 26.435,
Environmentally Sensitive Areas, as applicable.
Staff Finding
The project does not enhance existing wildlife habitat because it creates development
rights on parcel that do not currently have such rights in an environmentally sensitive
area. Further, the proposed Open Space and Wildlife Enhancement Areas are located on
slopes in excess of 35% slopes, which caunot be developed under any circumstances
according the Pitkin County Land Use Code.
4. Maintaininf< desif<n quality, historic compatibility and community
character. Design within the larger historic setting of the community is important
as it is a vital component of the community's economic well-being and cultural
heritage. Public architecture should support and enhance community life. The
goal of this sub-Section is to ensure the maintenance of community character
through design quality and compatibility with historic features.
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. .
There are a variety of ways in which a project might address the goal of
maintaining design quality, historic compatibility and community character,
including, but not limited to the following:
a. restoring Landmark structures and structures listed in the
inventory of historic structures;
StaffFinding
Not applicable
b. improving and maintaining the appearance andjUnction of alleys
for commercial, office and residential uses;
Staff Finding
Not applicable
c. ensuring design compatibility with existing buildings in the vicinity
of the proposed project, in terms of scale, massing, building materials,
fenestration, other architectural features, and open space;
Staff Finding
Not able to review - no designs submitted
d. including porches or other "pedestrian-friendly" features;
Staff Finding
Not able to review - no designs submitted
e. retaining and promoting eclectic and diverse businesses along
Main Street that maintain and enhance the special character of the
historic district;
Staff Finding
Not applicable
f ensuring the site's usability for social activities.
Staff Finding
The provision of a park will ensure the site's usability for social activities in the area.
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ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920-5090 FAX (970) 920-5439
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MEMORANDUM
TO:
Attorney
Zoning
CSFS
EH
Wildlife Biologist
CDOW
Aspen Fire District
Housing
Engineer
) USFS
CSGS
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FROM:
Suzanne Wolff, Community Development Department
RE:
Stanger Subdivision, Conceptual Submission, Metro Residential GMQS, 1041
Hazard Review, Scenic Overlay, Special Review, & GMQS Exemption for
Dwelling Unit Deed Restricted to. AH Price, Income and Occupancy Guideline
outside ofthe AH Zone District Special Review
PID# 2737-074-00-042/041
P147-99
Flat Fee
DATE:
November 26, 1999
Attached for your review and comments are materials for an application by Robert Stanger. This
application will be reviewed by the Pitkin County Community Growth Management Committee
and Planning & Zoning on January 25, 2000.
Please return your comments to me no later than January 3, 2000.
Thank you. .
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STANGER SUBDIVISION
CONCEPTUAL METRO RESIDENTIAL GMQS, SUBDIVISION, 1041 HAZARD
REVIEW, SPECIAL REVIEW AND GMQS EXEMPTION FOR A DWELLING UNIT
DEED RESTRICTED TO AH PRICE, INCOME AND OCCUPANCY GUIDELINES
OUTSIDE OF THE AH ZONE DISTRICT
Submitted by:
Klein-Zimet Professional Corporation
201 N. Mill Street, #203
Aspen, CO 81611
(970) 925-8700
Exhibit I
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
Exhibit 7
Exhibit 8
Figure 1
Figure 2
Figure 3
Figure 4
Figure 5
Figure 6
stanger\exhibit list
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Stanger Subdivision
Exhibit List
Consent and Authorization to Process Land Use Application, Agreement for
Payment of Development Fee and Land Use Application Form
Legal Description for the Parcel
Title Insurance Commitment
List of Adjacent Land Owners
Pre-Application Conference Summary Sheet
Dr. Bruce Collins Geologic Report
Confirmation Letter from Fire Marshal
Utility Provider Letters
8Yz x 11" Vicinity Map 8 Yz x 11
Scenic Quality Cross Section 8 Yz x 11
Driveway Profile 8 Yz x 11
Site Plan Map 24 x 36
1041 Hazards and Proposed Open Space and Wildlife Enhancement Area. 24x36
Improvement Survey 24 x 36
1""--.
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STANGER SUBDIVISION
CONCEPTUAL METRO RESIDENTIAL GMQS, SUBDIVISION, 1041 HAZARD
REVIEW, SPECIAL REVIEW AND GMQS EXEMPTION FOR A DWELLING UNIT
DEED RESTRICTED TO AH PRICE, INCOME AND OCCUPANCY GUIDELINES
OUTSIDE OF THE AH ZONE DISTRICT
TO:
Pitkin County Planning Office
FROM:
Robert A. Stanger, contract purchaser _
Applicant
REPRESENTED BY:
Herbert S. Klein, Esq. and Grafton Smith
1 STATEMENT OF INTENT AND PURPOSE.
This Application is submitted by Robert A. Stanger, a contract purchaser of the Result Mining
Claim USMS No. 6044 as described in Patent recorded in Book 175 at page 225 and the Contraband
Mining Claim USMS No. 4471 as described in Patent recorded in Book 175 at page 187. The
consent of the owners of these parcels to allow Mr. Stanger and his representatives to process this
application is attached as Exhibit 1 to this application. The parcels are located on the lower portion
of Smuggler Mountain in the AFR-lO zone district. The Result Claim is 6.9 acres in sizel and the
Contraband Claim is 9.28 acres in size.
All development will be confined to a "Development Area" which is suitable for development,
being outside the mapped wildlife and avalanche areas that affect only the upper reaches of the
property. Activitie . in the Development Area may include placement of the well and septic
system, driveway! pond utilities, landscaping, wildfire mitigation and the Building Envelope. A
"Building Envelo ". s located within the Development Area. The Building Envelope has flat to
gently sloping terrain, is set back from the ridge to lessen visual concerns and is only affected by an
easily mitigated wildfire hazard. No development on steep slopes (in excess 000%) will occur as
they are not located in the Building Envelope or along the driveway serving the site.
The intent of this application is to obtain the merger of the Contraband Claim with the Result
1 This acreage calculation includes a .25 acre sliver of the Result Claim which is separated
by the overlap of a portion of the Contraband Claim. This sliver is included in the land subject to
this application and will be considered as part of the resulting parcel and not a separate parcel.
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Claim so that the resulting parcel will be conforming in the AFR-lO zone district and have one
development right. The Result Claim, owned by Tulassi Wilkinson, was subdivided through a court
ordered marital settlement in litigation in which the County participated. Although it is recognized
by the County as a subdivided parcel, it does not have a development right. The County takes the
position that the Contraband Claim, owned by Tulassi's son, Jaya Wilkinson, remains merged with
the adjacent holdings of Fidelity Trust and is not recognized as a subdivided parcel under the Pitkin.
County Land Use Code ("LUC"). Therefore, this application seeks approvals to subdivide the
Contraband Claim and merge it with the Result Claim and to obtain a GMQS allotment for one single
family residence to be built on the combined parcel. As used herein the term the "Property" shall refer
to the merged Result and Contraband parcels.
Additional approvals are also sought for 1041 hazard review and a GMQS exemption for the
placement of a deed restricted affordable housing unit to be attached to the free market residence.
Scenic foreground review may be included in the later stages of the processing of this application or
deferred to a later time after architectural plans are prepared and a building permit is sought,
however, detailed information is provided in this application to address the County's scenic quality
guidelines.
A brief surrunary of the primary features of this proposal is as follows:
1. One single family residence with an attached deed restricted affordable housing
unit on a 16 acre parcel ofland.
2. Voluntary limitation of house size (FAR) with the right to build up to 11,000
square feet of FAR (as measured under the Land Use Code as of the date of this
application)for the main residence and the affordable housing unit and height limit of
26 feet.
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3. On-site employee housing mitigation for 56% of the project residents at the
category two level via a two bedroom affordable housing unit, deed restricted
pursuant to LUC 3-130-020. The Code requires only 33% of this housing to be
provided.
4. Preservation of scenic lands and enhancement of wildlife values through the use
of a deed restricted Open Space and Wildlife Enhancement Area.
5. Easily mitigated 1041 hazards affecting the Building Envelope consist only of a
~re wildfire ar~ No other hazards are present in the Building Envelope. The
evelopment Area also has some severe wildfire area and some slopes in excess of
30%. Some brush and small trees will be thinned or removed in.these areas as part
of the wildfire mitigation. Certain hazards exist near the development area but do not
affect it. These hazards are potential avalanche and severe elk winter range. All
development of the Property will avoid these areas.
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6. Creation of anew public park along the Smuggler Mountain Road which will have
drinking water and picnic tables to enhance the hiking and biking uses of this popular
trail.
7. New traffic impacts are minimal and are within existing road capacity without the
need for any road improvements for access or fire safety.
8. Energy and water conservation techniques in excess of code requirements.
9. Existing utilities and road access are available.
10. Cash donations for the acquisition of new buses and bus shelters to aid in public
transit and other community goals.
The following sections of this application are organized in a mauner that attempts to avoid
redundant information, yet comprehensively addresses all relevant code provisions. Section II of the
application describes the development proposal in the context of compliance with Conceptual
Submission Contents - Article 5, Section 5-20 Conceptual Subdivision, 5-150 - Growth Management
Quota System (GMQS) Allotments. Within that section conformance with Land Use Policies - Article
2, LUC 3-80 - 1041 Hazard Review, LUC 3-60 - Environmental and Aesthetic Standards, LUC 3-70
- Water Resources, LUC 3-110 - Improvements and Services, LUC 3-120 - Impacts on Taxes and
& Management of Necessary Services is indicated. These are discussed in the Article 5 topics and the
Land Use Policies where appropriate. Following the Article 5 section, any Article 2 policies and other
relevant LUC provisions which have not been addressed within the Article 5 discussion are set forth.
Section III of this application contains the GMQS scoring criteria ofLUC 3-160-050.
Section IV of this application describes development exactions ofLUC 3-130.
Section V of this Application seeks approval of the attached affordable housing unit pursuant
to LUC 3-150-110 and Special Review LUC 3-210.
II. CONCEPTUAL SUBMISSION CONTENTS - SECTION 5-20 AND 5-150 - GROWTH
MANAGEMENT OUOTA SYSTEM (GMOS) ALLOTMENTS
5-150-010
General
A. General. The following information and the attached exhibits contains all required
submission materials. This information also provides the submission contents and standards
report required by LUC 5-20 for Conceptual Subdivision.
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B. Applicant's Background Information. Attached at Exhibit 1 is a Consent and
Authorization to Process Land Use Application, signed by the owners of the Property, containing the
owner's name, address and telephone number, and the name, address and telephone number of the
representative authorized to act on behalf of the applicant, an Agreement for Payment of
Development Fee also signed by the applicant, and a Land Use Application Form.
C. Property Description. The legal description for the Property is attached at Exhibit
2. An 8Yz" x 11" vicinity map locating the subject Property within Pitkin County is attached at
Figure 1.
D. Disclosure and Proof of Ownership. Tulassi Wilkinson is the owner of the Result
Claim and Jaya Wilkinson is the owner of the Contraband Claim. A title insurance policy issued by
Fidelity National Title Insurance Company is attached thereto at Exhibit 4,lidentifies the owners,
indicates easements and mineral reservations and contains a complete legal description of the
Property. A list of adjacent land owners and their addresses is attached hereto at Exhibit 5.
Pursuant to section 4-90-030D, stamped, addressed, letter size envelopes, with the return address of
the Planning Department, for mailing to all adjacent property owners are provided herewith in a
separate envelope.
E. Legal Access. The Property is contiguous to and will obtain access directly from the
Smuggler Mountain Road. This is a public road and the Applicant has legal access to the Property
for the development proposal, subject only to the normal access permit requirements of the Code.
F. Standards Report. This application and its exhibits demonstrate that the proposed
development complies with the applicable substantive review standards and constitutes the standards
report. .
G. Pre-Application Conference Summary Sheet. A copy of the pre-application
conference sununary sheet is attached at Exhibit 6.
H. Site Utilization Maps. Thirty-one 24" x 36" site utilization maps specified by the
staff during the pre-application conference are submitted herewith. The Site Plan map is attached at
Figure 4 and an Improvement Survey is attached at Figure 6.
I. Copies of Application. Thirty-one (31) application copies are submitted herewith.
5-150-020 Water System.(Land Use Policies 2-140 - Water Resources Impacts, 2-170 _
Adequate Provision for Water Needs, 2-240 - Compatibility with Agricultural Lands and
Operations, LUC 3-70 - Water Resources and LUC 3-110-040 Water Supply Systems). An
application shall describe the water system and address:
A. Availability of water: The project will use an on-site well. Exempt well permits for
the Property have been obtained. The well may draw up to 15 GPM. The well is located in an area
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that should yield sufficient water of potable quality. The geologic report from Dr. Bruce Collins
attached hereto at Exhibit 7 (the "Collins Report") attaches an earlier report from Dr. Nicholas
Lampiris reporting on the same property and indicates the high likelihood of obtaining sufficient water
from this well.
B. N/A;
C. N/A;
D. The estimated water demand of the proposed project. Generally, household uses
require approximately 350 GPD. This project does not have any unusual water demand elements.
Therefore, such average is a reasonable estimate of the water use for each of the free market
residence and the employee residence.
E. N/A;
F. The quantity of water which will continue to be available for the purposes of
land irrigation. There has not been any irrigation of the Property. The well permit
does not allow any lawn irrigation.
G. The identification of all historically irrigated lands on the Property. None.
LUC 3-70 Water Resources. The proposed development will comply with all requirements
ofLUC 3-70. These items are discussed in individual sections of this application dealing with them,
e.g. drainage, erosion, water supply. Other items not otherwise addressed are as follows:
LUC 3-70-020 Encroachment or Chauneling. N/A
LUC 3-70-050 Groundwater. The proposed development will not interfere with major
groundwater resources.
LUC 3-70-060 Irrigated Areas. N/A
LUC 3-70-070 Irrigation Ditches. N/A
LUC 3-70-080 Sedimentation. The development of the property will comply with all
provisions of this section of the LUC.
LUC 3-110-040 Water Supply Systems. The development of the water supply through the
on-site well complies with the provisions of this section of the LUC.
5-150-030
050)
Sewage Treatment (Land Use Policy 2-180 - Sewage Treatment and LUC 3-110-
A. The sewage treatment system to be used: The Property will be served by an
individual sewage disposal system which complies with Pitkin County Environmental Health
Department regulations. the public sewage system is not available to the Property. The Collins Report
attached at Exhibit 7 attaches an earlier report from Dr. Nicholas Lampiris reporting on the same
property and indicates that the soils on the Property are suitable for on-site septic systems and that
if necessary, an engineered system will comply with all County environmental health regulations.
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Prior to obtaining a building permit for the residence, it will be necessary to conduct site specific
percolation tests on the Property within the Development Area to determine the final design for the
system. The on-site septic system will comply with all provisions ofLUC 3-110-050.
B. N/ A.
5-150-040
Drainage (Land Use Policy 2-100 - Drainage and 2-110 Erosion)
Existing natural drainage patterns will be maintained on the Property and the proposed
development will not cause storm drainage and flood water patterns to exceed the capaCity of natural
or constructed drainage ways or subject other areas to increased potential for damage by flood,
erosion or sedimentation or to pollute natural streams. The Collins Report describing drainage
characteristics is attached hereto at Exhibit 7 attaches an earlier report from Dr. Nicholas Lampiris
reporting on the same property and indicates that drainage is not a problem. At the time of building
permit application, a site specific drainage plan will be provided which will ensure that the runoff
characteristics of the Property after the development occurs will maintain historic patterns. All areas
disturbed by construction will be revegetated to prevent erosion and utility installations will be plac~d
underground alongside of the existing Smuggler Mountain Road.(LUC 3-60-030B and LUC 3-11' _
060C).
5-150-050 Fire Protection.(Land Use Policy 2-170 - Adequate Provision for Water Nee- s).
A. Information as to the availability of an adequate type and capacity of facilities for
fire protection: The fire station in downtown Aspen is approximately 1.3 miles from the site with
a response time of 5-6 minutes. On-site fire suppression will be provided by in-house sprinklers. The
Fire Marshall has reviewed this site and has determined that the access for fire equipment on the
existing Smuggler Mountain Road is adequate without the need for further impr.ovements. He also
sets forth his design requirements for the driveway serving the Property. These requirements have
been incorporated into the site plan and will be followed. His confirmation letter is attached as
Exhibit 8.
B. Type of fire protection system to be used: In-house sprinklers and fire detect~ion I
security system. tt\
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C. Distance to nearest fire station and average response time: The fi tion in
downtown Aspen is approximately 1.3 miles from the site with a response time -6 minute .
D. An agreement by the applicant to provide any service improvements necessary to
serve the project with fire protection facilities. The Fire Marshal has indicated that existing
facilities and road access are sufficient for fire protection. The Applicant will construct the driveway
in accordance with the Fire Marshal's recommendations. No service improvements are necessary.
Please see Exhibit 8 for his comments and recommendations. However, the applicant will design and
construct the New Park (described below in discussion ofLUC 5-150-070) in a mauner which also
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provides a fire truck pull-out and turn around area. This is not a required improvement but has been
discussed with the Fire Marshal who believes it will be a welcome and useful facility. Portions of the
Property are mapped as a severe wildfire area. The Applicant will easily mitigate this hazard to a
moderate wildfire danger and will abide by the mitigation requirements of section 3-80-070 C of the
LUC.
New Hvdrant Easement. The Applicant will provide an easement for the fire department for
the emergency use ofahydrant for fire fighting in the vicinity of the Property. This can be used if a
public water supply becomes available. This will enhance the fire protection facilities in the area.
5-150-060
Schools
A. Distance of the proposed development to the nearest elementary, middle and high
schools: The Aspen Public School campus is approximately 4.3 miles away.
B. Distance to existing school bus routes: An existing school bus route is along the lower
portion of Smuggler Mountain, approximately .6 miles from the Property.
C. Projected increase in school capacity to satisfy the needs of the residents of the
development and the ability of the schools to absorb additional students without capital
improvements and additional personnel. This single family residence and affordable housing unit
will not require any increase in school capacity nor will it generate the need for capital improvements
and additional personnel.
5-150-070
Parks/Trails/Recreational Facilities and LUC 3-110-100.
The location of the proposed development relative to proposed or existing parks, playgrounds,
trails and other recreational facilities. The Property is located in an area which is in the immediate
vicinity of parks and playgrounds. A playground is located at the base of Smuggler Mountain,
approximately .6 miles from the Property. The Smuggler Mountain trail runs through the Property
providing hiking and bicycle routes to upper Smuggler Mountain and Hunter Creek.
New Park. The Applicant is also proposing to create and dedicate a public park along the
Smuggler Mountain Road which will have a beautiful view area with picnic tables and a water
fountain for people and their dogs. The water fountain will operate seasonally when temperatures
permit. The park will have native grasses and new aspen trees. The location of the park is shown on
the Site Plan, Figure 4. If a water augmentation plan is necessary to service this park, the applicant
will obtain one.
) New Trail Easement. The Applicant will also dedicate a twenty foot wide trail easement I
along the portions of Smuggler Mountain Road that are adjacent to the Property. The alignment will J
be outside of the improved roadway and will be available if in the future it is dete~ined to separate \VU1
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~trial use from the road. The location of the trail is shown on the Site Plan, Figure 4. The New Trail
Easement is not shown on County trail maps but is along side the popu1ar Smuggler Mountain Road.
01. ' The terms of the easement will require that ifit is constructed by t~~ ~ounty in the future it will meet
{j)V\ \..,J' the requirement,s of 3-11 0-1 ~O" "'- \, *lif c6( 0.. () ~~"
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V\;~ 5-150-080 . Transportation Impacts (Land' Use Policy 2-190 Impacts on Road System, 2-230
~y - Transportation, 2-200 - Road Design, LUC 3-110-070 Roads and LUC 3-110-080 Parking)
A. Projected traffic count increase on the County road system; B. Type, condition and
capacity of the road system to serve the proposed development; C. Total number of motor
vehicles projected to serve the development: According to standards used by the County Road and
Bridge Department, the residence and affordable housing unit will generate 14 vehicle trips per day
("VID"). Smuggler Mountain Road is a Class V County Access Road. The portion of the Smuggler
Mountain Road that is above the parking area at the base of Smuggler Mountain currently operates
at approximately 35 VTD with a design capacity of up to 300 VTD. The projected increase is well
within existing design capacity of the road system. The road access complies with LUC 3-110-070.
D. Projected hours of principal daily usage of adjacent roads: Based upon normal
residential uses, these hours shou1d be between 8:00 and 9:00 a.m. and between 4:30 and 6 pm.
E. On and off-site parking to be supplied: The Property will provide the number required
for the residence per the Code, e.g. 2 for the residence and 2 for the affordable housing unit. This
complies with LUC 3-110-080.
F. Location of existing or proposed alternate public and private transit means (bus
routes, bike paths, limos, etc.). The RFTA bus route runs along the base of Smuggler Mountain
and a bus stop is approximately .6 mile from the Property. The Smuggler Mountain Road is a hiking
and bike route which is adjacent to the Property. The Property's location close to downtown Aspen
ensures regular use of public transportation options.
G. Auto disincentive techniques incorporated in the proposed development. Because
of the low density, auto disincentive programs are not practical. However, the affordable housing
unit on-site will mitigate the traffic generated by a domestic worker. In addition, the Property's
location close to downtown Aspen ensures regular use of public transportation options and its being
adjacent to the Smuggler Mountain Road, a popular hiking and biking route, will make it likely that
{residents will not always drive into town. In addition the New. Trail tP~~se~ tOrPJ dedicated wjL j
~ssistinareductionofautouse. >_ \l;-~ ~j\l,~~~S WJ.9..
H. Proposals by the applicant to provide for tr~ation service improvements,
~'ncluding commitments to join in any transportation improvement ~istricts, if formed. The
pplicant will contribute land via an easement for a public trail as shown on the Site Plan. The
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Donation to RFT A. The Applicant also commits to donate five-thousand dollars ($5,000.00)
to RFT A for its use in acquiring new buses and $5,000.00 for the construction of bus shelters in the
vicinity of the base of Smuggler Mountain.
5-150-090 Energy Efficiency/Resource Conservation (Land Use Policy 2-270 _ Energy
Conservation LUC 3-60-060).
A. Insulation and solar energy devices (demonstrating energy conservation or solar
energy utilization features): The building envelope is located in an area with excellent sun exposure
and southern orientation. The design of the residence will incorporate passive solar features and
significant glass on southem elevations. The residence will use insulation standards in excess of
those required by the UBC and any current thermal regulations. A Protective Covenant will subject
the Property to a requirement of passive solar design and such excess insulation. This proposal
complies with the requirements ofLUC 3-60-060.
B. Resource conservation methods to be employed to conserve water or to permit
wastewater reuse. A grey water system will be used to conserve water and water conserving
fixtures will be used in the residence. A Protective Covenant will subject the Property to these
requirements.
5-150-100 Air Quality - (Land Use Policy 2-130, LUC 3-60-020).
An application shall describe the impacts of the proposed development on air quality by
quantifying:
A. The number of proposed fireplaces and woodburning stoves. The Applicant will
strictly comply with the existing County woodbuming fireplace regulations. No wood buming
fireplaces will be used.
B. The linear distance of roads, driveways, and other areas which will be paved, chip-
sealed or oiled: The proposed driveway enters the Property directly off the Smuggler Mountain
Road at a distance of approximately 550 feet from the building envelope. The precise distance will
depend upon the location of the residence within the building envelope. The driveway will be paved
or chip-sealed or subject to dust control applications to prevent dust contamination. A Protective
Covenant will subject the Property to these requirements.
C. The amount ofincreased emissions from increased traffic generated by the project.
The addition of one single family residence with an affordable housing unit will not have a measurable
increase in emissions. The limited number of new dwelling units proposed and improved auto
emissions technology will result in minimal and unmeasurable impacts to air quality.
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LUC 3-60-020. The proposed development will not constitute a direct or indirect source of
air pollution under applicable Federal, State or County regulations.
5-150-110 Proposed Uses. An application shall identify all proposed uses of commercial
and tourist accommodation structures, including all potential uses which may occur to
buildings. N/ A. There are no commercial or tourist uses proposed.
5-150-120 Natural and Man-Made Hazards.(Land Use Policies 2-80 Natural and Man-
made Hazard and Resource Areas, 2-90 Soil, Surficial, Geologic Characteristics and Radiation
and 2-160 Wildlife Management)(LUC 3-80-70 Severe Wildfire Hazard Areas, 3-80-80B Severe
Elk Winter Range, 3-80-50A.2 - Potential Moderate Avalanche Area and 3-80-50C.2 Steep
Slopes,LUC 3-60-070). An application shall describe the location ofthe proposed development
relative to Areas of Local and State Interest/l041 Environmental Hazard Review and Key
Facilities. The Applicant has reviewed the 1041 maps with the planning office at the pre-application
conference.
Severe Wildfire Area.(LUC 3-80-70) Only severe wildfire affects_the Development Area. This
hazard can be easily mitigated and the Applicant will follow the mItigation measures required by
V ~ r section 3-80-070 C of the LUC. It is' e that the Building Envelope is set back from
~ ::A:l slo . tivel flat. The mitigation required is generally e clean . d
'v) gamble oak trees which have a high fuel content from the Building Envelope and along the driveway.
v~" ~ To the extent the LUC prohibits development in this area, a takings hearing is requested and if a
O~ -]' _honing', reqWred, tho 'PpIi=twill rubmit.n ''''''"'''tiooreqWred oo,,",tho LUe prirew
~~ ""I ~ such hearing.
M' Other hazards are mapped on the Property but these do not affect the Development Area:
Severe Elk Winter Range. (LUC 3-80-80B) The upperreaches of the Property are at the edge
of the mapped severe elk winter range. The Applicant is proposing to create an Open Space and
Wildlife Enhancement Area in these portions of the Property. The mapped winter range area is
sufficiently distant from the Development Area that no specific mitigation measures for activities
within the Development Area are proposed. However, the Open Space and Wildlife Enhancement
Area will have protective covenants that incorporate the provisions of LUC 3-80-80 B (1041
regulations related to Severe winter Range) and will specifically prohibit any development activity
and dogs from this area. In addition, the protective covenants will provide that natural vegetation will
be undisturbed and no cattle or horse grazing nor buildings, structures, or improvements of any nature
shall be placed, erected, altered, or permitted to remain on the within this area as shown on the Plat,
except for necessary utility installations, fences, ponds, irrigation structures and facilities, and private
trails. If necessary for the furtherance of the goals of this preservation and enhancement area, private
roads may be constructed within it and vegetation may be planted or removed from for purposes of
enhancement of its wildlife environment or for flood, fire or pest control, all pursuant to further
review and approval by the Division of Wildlife and the Community Development Department, except
in case of emergency. Please see Figure 5 for mapping of 1 041 hazards and the proposed Open Space
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and Wildlife Enhancement Area.
Potential Moderate Avalanche Area. (LUC 3-80-050A.2) The portion of the Property uphill
and across the Smuggler Mountain Road from the Development Area is mapped as a potential
moderate avalanche area. However, the designation does not cross the road and therefore does not
affect the Development Area.
Steep Slopes. (LUC 3-80-050C.2) Much of the Property contains slopes in excess of 30%.
However, the Development Area avoids these areas. No development will occur on such slopes.
Because this application seeks to develop one single family dwelling and an exempt affordable
housing unit there is no reduction in density for steep slopes under LUC 3-60-070.
5-150-130 Site Plan
An application shall describe:
A. Total development area: A 16.2 acre parcel of which approximately 1.8 acres will
be in a designated Development Area which includes an approximately .6 acre
(25,000 square feet) Building Envelope.
B. Type of residential development proposed: one single family residence consisting
of 5 bedrooms and a two bedroom attached affordable housing unit.
C. Lot Coverage: a building envelope of.6 acres (25,000 square feet) is proposed. The
residence would not cover the entire building envelope. It is difficult to determine the
precise lot coverage at this stage. The maximum size of a house in this zone without
special review is 15,000 square feet. If the house were built on one level, this would
be the maximum site coverage possible, however, the applicant is voluntarily limiting
the right to build on this Property to 11,000 sq.ft. of FAR, as measured by the LUC
in effect on the date of filing this application;
D. Number of residential or tourist accommodation units or square footage of
commercial space: N/A; and
E. Area devoted to landscaping and open space: The Property contains several areas
within which development will not occur due to unsuitable site conditions or
restrictions placed by the Applicant. Development will only occur within the
Development Area, the New Park and the proposed '1 easement. A 9.7 acre
portion of the Property is reserved as an pen pace and Wildlife E cement Area
and a.14 acre (6250 sq.ft.)portion of the Property will be dedicated as a public park.
Development is permitted in the 1.8 acre Development Area which includes the .6
acre Building Envelope. The area of the Property within which any development can
occur is approximately 11 % of the total Property, e.g. 1.8 acre Development Area,
the .14 acre New Park and the .71 acre proposed Trial easement. However, the
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Building Envelope represents only 3.5% of the total acreage of th~ Property, so
96.5% of the Property will remain substantially in its present condition.
5-150-140 Affordable Housing. (Land Use Policy 2-260) An application shall identify the
method by which an applicant intends to mitigate impacts on the demand for affordable
housing in the community, and shall describe the type and amount of housing to be provided.
~'n Figure 3-7 ofLUC 3-130-050. The Applicant will provide one category two deed restricted
attached two bedroom affordable housing unit for on-site housing mitigation. This represents housing
'If', ~ ,,2,25 =i""". remUting in howl., bO", pro~"'" "" 56% .fth, _"'. "" """'_<nt,:=o ti,-J<,
b ~ Q This is almost twice the code's minimum requirement of 33%.-"...- .:: ~+ 'Z;:II
4~. ' 5-150-150 Neighborhood Effects. (Land Use Policy 2-60 - Compatibility with Existing
I,.. Adjacent Neighborhoods) An application shall describe the effects of the proposed
IV ~J development on land usesin the vicinity of the project. The proposed development is consistent
ry' d Ywith the low density development pattem in the vicinity of the project and the AFR-l 0 zone. There
&' will be no adverse impacts whatsoever from this additional single family residence and attached
.A ~affOrdable housing unit on a 16 acre parcel of land. The clustering buildings within the Development
" v,"'/ / >>> Area and the preservation of open space at the upper reaches of the Property will preserve the low--,
~ ~./ . ent pattern of Smuggler Mountain. The house has been sited to be at the maximum
distance possible from e nearest houses given e limited development sites and maximizes its
~.J;t $istance from the trail use of the Smuggler Mountain Road.
~W 5-150-160 Construction Schedule. An application shall describe the proposed construction
'-1 schedule for the development and, if applicable, a schedule for the phasing of construction.
There is no phasing schedule. The minimal amount of construction associated with one residence and
the attached affordable housing unit does not lend itself to phasing.
5-150-170 Maps
An applicant shall submit the maps identified in Section 5-20-020. Attached at Figure 4 is the
Site Plan Map which contains the infonnation required by the code. An 8Yz" x 11" vicinity map
locating the subject Property within Pitkin County is attached at Figure 1.
OTHER LAND USE POLICIES (ARTICLE 2 - NOT ADDRESSED ABOVE) Note:
Community policies which are not relevant to this application are omitted.
2-10 COMMUNITY BALANCE. The proposed development will conserve and protect the natural
environment and its resources and is in balance with residential, commercial and tourist
accommodations.
2-30 CONFORMANCE WITH THE ADOPTED COMPREHENSIVE PLAN. The proposed
f development conforms with the adopted compre~ve plan. It represents minimal development and
vovides affi dable ~~ and opens space, trail and public park ;eni~xcess 0 de.
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requirements.
2-40 GROWTH RATE: PHASING OF PUBLIC SERVICES AND FACILITIES. This
application complies with the County growth rate as it seeks an available GMQS allotment. Utility
services are available to the Property in a mauner consistent with the adopted comprehensive plan.
2-70 CONFORMANCE WITH OTHER LAWS. The proposed development is in compliance with
all State and Federal laws.
2-120 SCENIC QUALITY and LUC 3-60-050. The entire Property is located in an area of visual
sensitivity. The Development Area and Building Envelope have been selected so as to minimize
visual impacts while at the same time avoiding steep slopes. The Building Envelope is set back from
the ridge line and is flat to gently sloping. The Applicant is voluntarily limiting its right to build
to 11,000 square feet (measured under current LUC FAR provisions), inclusive of the residence
and the attached affordable housing unit. The applicant is also limiting the height ofthe house
to 26 feet, two feet less than allowed by the code. A separate scenic foreground review application
pursuant to LUC 3-60-050 will be processed after scoring is completed. See Figure 2 for cross
sections showing the building envelope with a massing study of a possible residence and its
relationship to the ridge line and the Driveway Profile at Figure 3. The building envelope is also sited
to maximize its distance from the trail use of the Smuggler Mountain Road in order to reduce
visibility of the structure from the road.
2-150 NOISE. The proposed development will not create adverse noise impacts.
2-210 LOGICAL EXTENSION OF UTILITIES, LUC 3-110-020 and LUC 3-110-060. The area
in which the development is located is served by public utilities consisting of electricity, natural gas,
cable tv and telephone. Minor service line extensions of these utilities is all that is necessary to serve
the Property. Such utility service is consistent with the comprehensive plan and County policies and
regulations. Utility installations will be placed underground. The proposed development complies with
all provisions ofLUC 3-110-020 and LUC 3-110-060. Attached at Exhibit 9 are "will serve" letters
from Holy Cross Electric, KNE Energy, USWest and TCI Cable.
2-220 - IMP ACTS ON TAXES AND MANAGEMENT OF NECESSARY SERVICES AND
FACILITIES AND LUC 3-120. The proposed development will not have any adverse impact on
the quality of services, public facilities or programs. In fact, the proposed dedications of trail
easements, the creation of a public park and financial contributions to RFT A will improve public
services and facilities. The development fully complies with LUC 3-120 and does not require a
phasing plan, new road construction, County acceptance of new utility systems or facilities nor
expenditures for same. There will be no construction related impacts on the County.
? YJi/k~;
1/ p ~ J'~/./'~ l V'"
~ <yy!~ ftJ x<J ~
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2-280 - COMPATIBILITY WITH PUBLIC LANDS.
The proposed development is compatible with nearby public lands. The open space proposed to be
protected and the public trail easement and public park proposed to be created will enhance use of
nearby public lands.
2-290 - ACCESS TO PUBLIC LANDS.
Existing access points to public lands will not be affected by the proposed development. New public
access points are not proposed nor are they being sought by the public.
LUC 3-110-11 0 LIGHTING. Exterior lighting will be designed in such a mauner that the exposed
bulb of any light source, such as facade and landscape lighting, will not be directly visible from public
rights-of-way below the Property and will comply with LUC 3-110-110 and with the lighting
regulations of the Pitkin County Land Use Code.
LUC 3-110-130 SIGNS. The proposed development will comply with the County sign regulations
ofLUC 3-110-130.
~tJ~
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^
III. GMQS SCORING SUMMARY
3-160-040
Metro Area Residential
("/
tJ~
B. Scoring: Points shall be awarded for performance relative to each of the four scoring
criteria. Possible scores for each criterion shall range fro~e lowest possible score, to five,
the highest possible score. It is recognized that small projects could be at a competitive disadvantage
when scored against large-scale projects. It is intended, therefore, that projects be evaluated
according to reasonable expectations regarding what could be expected given their size and scale. A
~core of zero shall be awarded to projects that, although they had the opportunity to comply with
scoring' cntena and had the ability to advance stated Community goals, will actually contribute
nothing to implementation of the articulated vision and may, in fact, move the community further
way from its stated goals. A score indi ates that a roject will move the communi clo
toward attainment of its stated visions and make a positive contri utlOn towar e nnplementation
of articulated goals. A score of five indicates that a project demonstrates exceptional sensitivity to
the stated visions of the community and will result in significant movement toward implementation
of those goals. Other scores along the continuum from zero to five will be awarded based on the
degree to which projects will implement the stated goals. No growth management allocation shall be
awarded to projects that do not receive a final average score of at least three points for each of the
growth management scoring criteria of Sections 3-l60.50(C)(1), 3-l60.50(C)(2), 3-l60.50(C)(3) and
3-l60.50(C)( 4).
C. Criteria: The four following community character-based scoring criteria are intended
to encourage imaginative, innovative and flexible approaches to advancing the visions of Aspen area
residents. Each criterion is presented in the form of general background and vision statements.
Examples of methods that might be used to implement the vision follow the background and vision
statements. It is recognized that some statements will have no relevance to certain types ofprojects;
projects will not be penalized by low scores when that is the case. Moreover, the list of possible
implementation methods does not exhaust the range of possible actions for which points will be
awarded. Those wishing to explore other possible means of advancing stated goals are encouraged
to review the Aspen Area Community Plan and to consult with representatives from the Community
Development Department.
1. Revitalizing the permanent community: Residents of the Aspen area have long
recognized the need to preserve the community's character and identity as more thanjust a resort, a
collection of second homes and a tourist shopping mecca. They recognize that a "critical mass" of
pemianentresidents and local serving-businesses is necessary to make any community function. They
recognize, too, that the vitality brought to the Aspen area by full-time r~sidents is being seriously
diluted by the inability of working people to live in their own community.
As a result of these concerns, one of the community's central goals is to create a community
with a size, density and diversity that encourages interaction, involvement and vitality and one that
15
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> pr~es opportunities for its workers to become a permanent part of the social fabric.
~... ~~"<, These are a variety of ways in which a project rnight address the goal of revitalizing the
~0,permanent community, including, but not limited to the following:
~~:'J ~ a. providing high-quality, on-site, affordable housing for permanent residents;
I/~,\J ~ rL,
~p~_.\S RESPONSE: This application provides one ~gory two, on-site two bedroom deed
~ ~ <J!' . restricted affordable housing unit of approximately ~quare feet. This provides mitigation for
~q~6% of the project's residents. The LUC only requires a one bedroom unit to satisfy its
rrequirement for 33% mitigation. This application provides almost twice the mitigation
required by the LUC.
,(./\ t'~ b. providing site appropriate mixing of free market and affordable housing for
0-" I \/i\ ~'Jent provision of services such as transit and .discourages site planning that isolates affordable
\/ t' and free market units; '- \ ~\ . _ . ~ " ~." \ ~ L
tJ"-.- ~ \"'\~b \~ ~ m~.~ \lW~~"
~U RESPONSE:\The-affo;d"a't,le housing unit is attached to the free market resIdence and 'J\
~ l provides efficient services and does not isolate the affordable housing unit.
c. providing a housing package consistent with the Housing Authority Guidelines
with an emphasis on family-oriented housing where and when appropriate;
@
RESPONSE: The provision of a two bedroom affordable housing unit rather than the
minimum requirement of a one bedroom unit will encoura!!e occupancy by a family rather than
one person.
d. creating affordable dwelling units through buy-downs or conversion of existing
free market units; and
RESPONSE: This is not applicable. The housing is being built and provided on-site.
e. providing "locally serving commercial spacelbusinesses."
RESPONSE: N/A
2. Providing transportation alternatives: Residents recognize that reducing
dependency on the automobile is vital for the long-term livability and health of the Aspen area.
Their plan is so bold as to envision a time in the not-too-distant future when the automobile is not
the dominant means of moving people in and around the community. They are seeking a balanced,
integrated transportation system for residents, visitors and commuters that reduces traffic
congestion and air pollution. These are a variety of ways in which a project might address the
goal of providing transportation alternatives, including, but not limited to the following:
16
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a. reducing the need for private vehicles as a form of transportation;
RESPONSE: The location of the Property along side a popular trail and close to the bus
route will tend to reduce the use of the auto. The on-site provision of affordable housing which l, \ "'
can be used by persons working on the Property will reduce auto trips. - \ ~lA-- ~ I '-1
b. facilitating and encouraging year-round pedestrian transportation; J(v 1:;, ~c!Q C/ .
RESPONSE: The Property's location near downtown Aspen will allow for pedestrian
travel to and from town. In addition, the Property adjoins a popular trail and the application
proposes to dedicate a trail easement along side the Smuggler Mountain Road and to provi.de a V-"j).
new public park with a drinkim! foun~ l*,,' ~ 0 ~ <\~I'""'2
c. helping to implement a valley-wide mass transit system; \'1)
\
RESPONSE: The applicant is proposing a contribution of$5.000.00 to RFTA to be used
toward the acquisition of new buses and $5.000 for the construction of a bus stop shelter in the
vicinity of the base of Smuggler Mountain Road. This bus will serve the neighborhood and
persons who are using the Smuggler Mountain Road trail system.
d. providing needed improvements to the existing RFT A system;
RESPONSE: The applicant is proposing a contribution of$5.000.00 to RFTA to be used
oward the acquisition of new buses and $5.000 for the construction of a bus stop shelter in the
vicinity of the base of Smuggler Mountain Road.
'.f ~~. ,. m"",,",g "" n=b~ of ',,;illb1, u=_", ,ho;",;
RESPONSE: The Property's location near downtown Aspen will allow for pedestrian
travel to and from town. The Property is close to a RFT A bus stop, so this choice is available. In
addition, the Property adjoins a popular pedestrian and bike trail and the application proposes to
dedicat" a trail easement along side the Smuggler Mountain Road and to provide a new public
park with a drinki~tain.
f. creating a less congested downtown core; ~~
RESPONSE: The Property is located' close to but outside of the co~e people who
live there will be hermits and not go to town.
- ------
g. helping to Implement the transportation plauning policies of the AACP and the Aspen
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to Snowmass transportation plan;
RESPONSE: The Property's location near town, near a bus route and hiking and bike
trail all lends itself to alternative transportation use. This will further the goals of these plans.
h. altering land use patterns to accommodate and contribute to a more efficient and effective
transit system;
\-...1\0 \\\ RESPONSE: The development of the Pro, perty in its location and Wl,'th its transit related
\~ '\ "attributes will accommod~epd contribute to a ~r~Jficient and effect~.ve ansit system.
J L~"i+i\/Ij-;\J'.-.. ~~"Ch \"<\""0 \~:\~ .~ M ' ,
" ~. i. /t)~reating~provmg or expanding ~ol!fun~ls;.Wal ways or bikeway
\' 'tha e con~tent with the goals of the AACP and associiUeclplans, such as the
pedestrianlbikeway plan;
RESPONSE: The application proposes to create a new public park with a drinking
fountain along the popular Smuggler Mountain Road. A new trail ease?\ent ls a].so p~osed to
be dedicated. - , 'IJ:T ~ ~
. l' d I . f: '1'. "a~r--Ck"N"
J. ocatmg eve opments near transIt aCI ItIes; ~" .;,
RESPONSE: The Property is located a short distance fi,rom a RFTA bus stop and along ~
hiking and bike trail. fA ~ \-Jr1~ 5. ~ ~ y &
areas;
rl i,,'o/ " " ,RESPONSE: '!'he RF~A bu~ stop is a ~from the Property. The project is
~'~..J to 1 for a shuttle Just for Its resIdents.
\:' ~ I. providing on-going employee transportation services such as van pools or buses at no cost
to employees;
RESPONSE: The project is too small for a shuttle just for the resident employees.
However, the contribution of $5,000 towards new buses will assist this goal.
m. providing bicycle parking, showers and lockers for employees; and
RESPONSE: The affordable housing unit will have a space for bicycle parking and the
apartment will have showers and storage.
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n. providing secure bicycle storage for guests and employees.
RESPONSE: The Property will have a spaces for bicycle parking for guests and
employees. We expect that visitors will ride their bikes and the provision of such area will
encourage non-auto travel to and from the Property.
3. Promoting environmentally sustainable development: Residents of the Aspen
recognize that the natural environment is one of the community's greatest assets. As a result, they
wish to allow only that development that is environmentally sensitive and that promotes
individually responsible, ecological lifestyles. The community seeks to foster a high level of
consciousness relative to resource conservation, wildlife protection and environmental sustain
bility.
These are a variety of ways in which a project might address the goal of promoting
a. orienting building sites, streets and other project features in order to maximize
XJ p t ntial for use of solar energy and other renewable energy resources;
" '\\
~ J'- RESPONSE: The building envelope is located in an area with excellent sun exposure and
1ff \A uthern orientation. The design of the residence will incorporate passive solar features and
' - . ( \ significant glass on southern elevations. The Protective Covenants will subject the Property to a
~~ 1'1 requirement of passive solar design ~d such 7Xj\ess insulation.
" '1 ~~-\~,X --\vy ,OJ 7~'Y'"
~ -, b. protecting and preserving eXisting trees and other mature vegetation during and
If' ,,:,J!: ~ oom1ru,d" pro~~. "'''''' f_ 0,,1_ _od-bwnJng ""'~, tlum ,How,d by I,w;
Cj\~. RESPONSE: Wood buming devices will not be permitted on the Property. The Building
Envelope and Development Area are designed to protect all existing spruce and pine trees. Some
scrub oak and service berry trees will need to be removed to provide wildfire protection,
owever, these plant e not si nificant. Protective fencing will be utilized during construction
to minimize ground disturbance and p t trees and vegetation. The wildfire mitigation will
allow the reintroduction of aspen trees whic ve been overcome by the service berry and
gamble oak that will be removed.
c. removing or replacing existing dirty wood-buming devices;
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~ d. increasing community access to natural and open space areas;
j ,
) RESPONSE: The application proposes to create a new public park with a drinkinll
Mountain along the popular Smuggler Mountain Road. This will make the use of the Smuggler
Mountain Road more enjoyable and will encourage its greater usage. The new park, with its
. picnic tables and panoramic views will itself become a new destination for people seeking access
~ to nllllJr~ 1 9f'e" '1'ace8.A new trail easement is also proposed to be dedicated. In addition, an
"l ~ Open Space and Wildlife Enhancement Area will be dedicated in the portion of the Property
located uphill from the Development Area. Although the public will not be allowed within the
Open Space and Wildlife Enhancement Area, it will be visually accessible to the public.
e. promoting community recycling efforts;
RESPONSE: The residence and affordable dwelling unit will participate in recycling
programs.
f. landscaping with low-water-use plant materials and using chemical-free landscape
maintenance techniques;
RESPONSE: The development will use natural grasses for revegetation of disturbed
areas and for the proposed new park. Chemical free landscape maintenance will be used.
g. employing measures that reduce PM 10 levels in the non-attainment area;
RESPONSE: The driveway will be paved or chip-sealed or subject to dust control
applications to prevent dust contamination. Wood buming devices are prohibited. A Protective
Covenant will subject the Property to these requirements. The addition of one single family
residence with an affordable housing unit will not have a measurable increase PM 10 levels.
During the winter months, the most critical time relative to PM 10 levels, the road is snow
covered, so there will be no additional PM 10 generated.
h. preserving and efficiently using environmental resources during all phases of
development, including types of materials used and future energy and material needs of the
project;
~~" RESPONSE: The construction will utilize passive solar design and have insulation in
~...... \' \ excess of code requirements. The voluntarv limit on square footalle (FAR) will help limit the use
~ "'\ of resources in construction. Renewable resources and non-scarce or threatened species of wood
~\\, ; C'\ will be used. Water conserving fixturesand grey water system will be used to limit the use and
"'" rJ!: \\. disposal needs of the residence and affordable housing unit.
~ ,
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i. completely avoiding n 1 041 n hazard areas and ridge line development.
RESPONSE: The only 1041 hazard that affects the Development Area i sev~re e.
This can be easily mitigated by learin scrub oak and service berry plants from within
and near the Building Envelope. Other 1041 azar s at are mappe on other portions of the
Property will be totallv avoided. The Building Envelope is the only developable location on the
Property due to the absence of steep slopes. It is set-back from the ridge line and the residence
will not visually break the ridge line, however, it will be visible. Some landscaping will be
provided to lessen the visual impact. This is conceptually shown on Figure 2.
J. enhancing existing wildlife habitat;
RESPONSE: The upper reaches of the Property are at the edge of the mapped severe elk
winter range. The Applicant is proposing to create an Open Space and Wildlife Enhancement
Area in these portions of the Property. The mapped winter range area is sufficiently distant from
the Development Area that no specific mitigation measures for activities within the Development
Area are proposed. However, the Open Space and Wildlife Enhancement Area will have
protective covenants that incorporate the provisions ofLUC 3-80-80 B (1041 regulations related
to Severe winter Range) and will specifically prohibit any development activity and dogs from this
area. Please see Figure 5 for mapping of 1041 hazards and the proposed Open Space and Wildlife
Enhancement Area.
k. completely avoiding 8040 Greenline issues; and
RESPONSE: The Property is located in the County, thus this standard is not applicable.
ever, the proposed development does not conflict with 8040 Greenline issues.
I. completely avoiding Stream Margin Review issues.
RESPONSE: No streams are present on the Property. These issues are completely
avoided.
4. Maintaining design quality, historic compatibility and community character:
Residents recognize the importance of design within the community's historic setting. It is a vital
component of the community's economic well-being and cultural heritage. They believe that
public architecture should support and enhance community life. Their goal is to ensure
maintenance of community character through design quality and compatibility with historic
features.
,.
These are a variety of ways in which a project might address the goal of maintaining design
quality, historic compatibility and community character, including, but not limited to the following:
21
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a. restoring structures listed in the inventory of historic structures;
RESPONSE: There are no historic structures on the site.
b. ..,improving and maintaining the appearance and function of alleys for commercial, office
and residential uses;
RESPONSE: There are no alleys on or near the Property.
c. ensuring design compatibility with existing buildings in the vicinity of the proposed
project, in terms of scale, massing, building materials, fenestration, other architectural features and
open space;
RESPONSE: The architecture of the proposed residence will, requirements, be similar to that
of the house on the Silver Brick Mining Claim. The scale will be similar to other houses on Smuggler
Mountain and the voluntary FAR and height limitation will ensure that the proposed development will
not be out of scale with its neighbors. Open space is preserved through protective covenants for the
upper reaches of the Property.
d. including porches or other "pedestrian-friendly" features;
RESPONSE: The design of the new residence and affordable housing unit will have porches.
e. retaining and promoting eclectic and varietal businesses along main street that maintain
and enhance the special character of the historic district.
RESPONSE: Due to the location of the Property, this is not applicable.
f. ensuring the site's usability for social activities.
RESPONSE: The proposed new Public Park will create a valuable amenity for the
community and will become a gathering place for social activities.
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IV - DEVELOPMENT EXACTIONS LUC 3-130.
A. AFFORDABLE HOUSING. LUC 3-130-020. The free market residence will have 5 bedrooms
which represents 4 persons pursuant to the standards in Figure 3-7 of LUC 3-130-050. The
Applicant will provide one category two deed restricted attached two bedroom affordable housing
unit for on-site housing mitigation. This represents housing for 2.25 residents, resulting in housing
being provided for 56% of the residents in the development. This is almost twice the code's minimum
requirement of33%.
B. PARKS/RECREATION/OPEN SPACE. LUC 3-130-040. New Park. The Applicant is
proposing to create and dedicate a public park along the Smuggler Mountain Road which will have
a beautiful view area with picnic tables and a water fountain for people and their dogs. The water
fountain will operate seasonally when temperatures permit. The park will have native grasses and new
aspen trees. The location of the park is shown on the Site Plan, Figure 4 and is approximately 6250
square feet in size. Under the LUC the land dedication for this development would be 2859 square
feet, e.g. 6.25 residents for the free market and affordable housing unit x .0105 acres per resident.
The dedication of this public park exceeds the land dedication requirements of the Code.
Ollen SDacelWildlife Enhancement Area. The upper reaches of the Property are at the
edge of the mapped severe elk winter range. The Applicant is proposing to create an Open Space and
Wildlife Enhancement Area in these portions of the Property. This Open Space and Wildlife
Enhancement Area will have protective covenants that incorporate the provisions ofLUC 3-80-80
B (1041 regulations related to Severe winter Range) and will specifically prohibit any development
activity and dogs from this area. Please see Figure 5 for mapping of 1 041 hazards and the proposed
Open Space and Wildlife Enhancement Area.
C. SCHOOL LAND DEDICATIONS. LUC 3-130-080. The cash in lieu of land dedication is
appropriate for this Property. The Property is being acquired by the applicant for $1,500,000. The
amount of land to be dedicated for school purposes for a 5 bedroom house and a 2 bedroom
affordable housing unit is 1652 square feet. The calculation of the cash in lieu value of this dedication
results in a payment of$3555.00 for this 16 acre parcel.
v - SPECIAL REVIEW FOR AFFORDABLE DWELLING UNIT OUTSIDE THE AH ZONE
- LUC 3-150-110 AND LUC 3-210.
The proposed category two, two bedroom attached affordable dwelling unit will be not less
than 850 square feet in size and will fully comply with adopted Housing Authority Guidelines.
23
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This proposal fully satisfies the special review criteria ofLUC 3-210. The property is in the AFR-l 0
zone and an employee unit is allowed by special review. The Aspen Area Community Plan seeks to
encourage the development of affordable housing. County Land Use Policies do the same. The zone
district purposes are for residential uses. The character of the neighborhood includes affordable
housing at the base of Smuggler Mountain and an attached dwelling unit will be compatible with the
neighborhood. There will be no adverse impacts on the surrounding area or public facilities. The
placement of this affordable housing unit will not: (a) endanger the public health, safety and welfare;
or (b )inJure the value of adjacent properties.
CONCLUSION
The development contemplated by this application is totally consistent with the character of
the neighborhood and reflects the goals and policies of the Aspen Area Community Plan. Its creation
of a public park in a popu1ar recreation area, voluntary FAR and height limitation, attached
affordable housing unit, open space and wildlife preservation elements and sensitivity to visual and
environmental concerns represent an exceptional development standard consistent with and in many
ways beyond the requirements of the land use code.
Respectfully submitted,
KLEIN-ZIMET PROFESSIONAL
CORPORATION
BY:~~
Herbert . Klein
Attorney for Applicant
201 North Mill Street,
Suite 203
Aspen, Colorado 81611
(303) 925-8700
stanger\gmqs.!
24
FROM :HERBERT S KLEIN
-
97121 925 87121121
199~."-12
1121:1218 #81215 P.f212/03
CONSENT AND AUTHORIZATION TO PROCESS LAND USE APPLICATION
The undersigned, with respect to her property located at the
Result Mining Claim, Pitkin County, hereby authorizes Robert
Stanger and/or his attorney, Herbert S. Klein and other consultants
designated by Robert Stanger or Herbert Klein, including, without
limitation, Grafton Smith, to process On her behalf an application
for Subdivision, GMQS, Special Review; 1041 Hazard Review, Scenic
Foreground Review, variance applications, and any other permits or
land use applications necessary for the development ,of the
property.
The addresses and telephone numbers of the above named
representatives are as follows:
Robert Stanger, 1129 Broad St. Shrewsbury, NJ 07702, 732-389-3600
Herbert S. Klein, 201 N.Mill St.#203, Aspen, CO.81611, 925-8700
Grafton Smith, 0187 West Lupine Dr. West, Aspen,CO. 81611 925-7120
A facsimile of this authorization may be treated as an
original.
October/~, 1999
CJt'f-9JC?!/
(Phone)
.t.anger\result.c:pa
.
~ROM :HERBERT S KLEIN
ro,
970 925 870121
199~~-12
10:08 #805 P.12l3/03
CONSENT AND AUTHORIZATION '1'0 PROCESS LAND USE APPLICATION
The undersigned, with respect to his property located at the
Contraband Mining Claim, Pitkin County, hereby authorizes Robert
Stanger and/or his attorney, Herbert S. Klein and other consultants
designated by Robert Stanger or Herbert Klein, including, without
limitation, Grafton Smith, to process on his behalf an application
for SubdiVision, GMQS, Special Review, 1041 Hazard ReView, Scenic
Foreground Review, variance applications, and any other permits or
land use applications necessary for the development of the
property.
The addres'ses and telephone numbers of the above named
representatives are as follows:
Robert Stanger, 1129 Broad St. Shrewsbury, NJ 07702, 732-389-3600
Herbert S. Klein, 201 N.Mill St.#203, Aspen, CO.81611, 925-8700
Grafton Smith, 0187 West Lupine Dr. West, Aspen, CO. 81611 925-7120
A facsimile of this authorization may be treated as an
original.
Dated: October.a, 1999
~I{{if~^~'
(J?/'JJ Cj~~ <~I (Phone)
8t.ng.r\c~ntr..cp.
"'"
--
EXHIBIT A
PARCEL A:
RESULT, U.S.M.S. NO. 6044, AS DESCRIBED IN PATENT RECORDED IN BOOK 175
AT PAGE 245.
PARCEL B:
CONTRABAND, U.S.M.S. NO. 4471, AS DESCRIBED IN PATENT RECORDED IN BOOK
175 AT PAGE 187.
,
,
FNT
'-',
,-,
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: 08/10/99
at
08:30 A.M.
2. Policy or Policies to be issued:
Case No. PCT14480
(a) ALTA Owner's Policy-Form 1992
Amount$ 1,550,000.00
Premium$ 3,197.00
Rate:
Proposed Insured:
ROBERT A. STRANGER
(b) ALTA Loan Policy-Form 1992
Amount $
Premium$
Rate:
Proposed Insured:
Tax Certificate: $10. 0
3. Title to the FEE SIMPLE estate or interest in the land described'or
referred to in this Commitment is at the effective date hereof
vested in:
TULASI WILKINSON, AS TO PARCEL A
JAYA WILKINSON, AS TO PARCEL B
4. The land referred to in this Commitment is situated in the County
of PITKIN State of COLORADO and is described as follows:
See Attached Exhibit "A"
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS
ASPEN, CO. 81611
970-925-1766
970-925-6527 FAX
AUTHORIZED AGENT
Schedule A-PG.l
This Commitment is invalid
unless the Insuring
Provisions and Schedules
A and B are attached.
1"".,
,~
EXHIBIT A
PARCEL A:
RESULT, U.S.M.S. NO. 6044, AS DESCRIBED IN PATENT RECORDED IN BOOK 175
AT PAGE 2~5.
PARCEL B:
CONTRABAND, D.S.M.S. NO. 4471, AS DESCRIBED IN PATENT RECORDED IN BOOK
175 AT PAGE 187.
FNT
1"'"'\
1"'"'\
SCHEDULE B - SECTION 1
REQUIREMENTS
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors
of the full consideration for the estate or interest to be insured.
ITEM (b) Proper instrument(s) creating the estate or interest to be
insured must be executed and duly filed for record to-wit:
1. Release by the Public Trustee of the,
Deed of Trust from : TULASI WILKINSON and JAYA WILKINSON
to the Public Trustee of the County of PITKIN
for the use of ROBERT STANGER
original amount $40,000.00
dated August 6, 1999
recorded August 9, 1999
reception'no. 434229
2. Deed from
TULASI WILKINSON and JAYA WILKINSON
To
ROBERT A. STRANGER
3. Certificate of nonforeign status executed by the transferor(s). (This
instrument is not required to be recorded)
4. Evidence satisfactory to the Company that the Declaration of Sale,
Notice to County Assessor as required by H.B. 1288 has been complied
with. (This instrument is not required to be recorded, but must be
delivered to and retained by the Assessors Office in the County in
which the property is situated)
5. Completion of Form DR 1079 regarding the witholding of Colorado Tax
on the sale by certain persons, corporations and firms selling Real
Property in the State of Colorado. (This instrument is not required
to be recorded)
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SCHEDULE B SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the
following unless the same are disposed of to the satisfaction of the
, Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments,
any facts which a correct survey and inspection of the premises would disclose
and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or
hereafter furnished, imposed by law and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any,
created, first appearing in the public records or attaching subsequent to the
effective date hereof but prior to the date the proposed insured acquires
of record for value the estate or interest or mortgage thereon covered by
this Commitment.
6. Taxes due and payable; and any tax, special assessment, charge or lien imposed
for water or sewer service or for any other special taxing district.
7. Reservations and exceptions as contained in the United States Patents
recorded in Book 175 at Page 187 and Book 175 at Page 225.
01{ 8.
Terms, conditions, provisions, obligations and all matters as set
forth in Resolution of the Board of County Commissioners recorded
February'3, 1984 in Book 460 at Page 353 as Resolution No. 84-9.
dL-9.
Terms, conditions, provisions and obligations as set forth in
Release of Easement recorded February 22, 1984 in Book 461 at Page
395.
~ 10. Easement and right of way as set forth in Grant of Easement recorded
~ June 28, 1984 in Book 468 at Page 679 and 698.
11. Any and all rights to the subsurface (lying below 500 feet) owned by
Edwin J. Smart, Harley Baldwin and Stateman's Mining Company, their
successors and/or assigns and as reserved in Deeds recorded in Book
698 at Pages 643 and 646.
NOTE: By Deed recorded July 6, 1995 in Book 785 at Page 997 Edwin J.
Smart and The Statesman Mining Company recoveyed the above
reservation to Wilk Wilkinson and Tulasi Wilkinson.
12. Right of way and maintenance of Smuggler Road as set forth in, but
not limited to the following instruments, Book 565 at Page 414, Book
573 at Page 482, Book 599 at Page 589 and Book 751 at Page 861.
(Continued)
FNT
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13. Those terms, conditions, provisions, obligations, easements,
restrictions, assessments and all matters as set forth in Protective
Covenants for Pride of Aspen/Smuggler Mountain Properties recorded
August 5, 1988 in Book 570 at Page 351, deleting therefrom any ,
restrictions indicating any preference, limitation or discrimination
based on race, color, religion, sex, handicap, familial status, or
national origin.
.'14. Easement ana right of way for an electric transmission or
distribution line or system, as granted to Holy Cross Electric
Association, Inc., in instrument recorded July 13, 1989 in Book 597
at Page 313.
15. Mineral rights and all matters as contained in Deed recorded December
23, 1992 in Book 698 at Page 657.
16 Terms, conditions, provisions, obligations, easements, restrictions
and all matters as set forth in Stipulation and Agreement recorded
April 11, 1994 in Book 747 at Page 268.
17. Terms, conditions, provisions and obligations as set forth in
Findings of Fact, Conclusions of Law and Final Orders recorded May
18, 1998 as Reception No. 416983.
18. Terms, conditions, provisions and obligations as set forth in Option
Agreement recorded July 8, 1998 as Reception No. 419191.
19. Terms, conditions, provisions and obligations as set forth in
Memorandum of Option recorded October 7, 1998 as Reception No. 422900.
Notice of Termination of Option Agreement was recorded December 21,
1998 as Reception No. 425681.
Notice of Invalidity of Notice of Termination of Option Agreement was
recorded December 31, 1998 as Reception No. 426064.
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ADDITIONAL INFORMATION
AND DISCLOSURES
The Owner's Policy to be issued, if any shall contain the following
items in addition to the ones set forth above:
(1) The Deed of Trust, if any, required under Schedule B-Section 1.
(2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION
WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED
HEREUNDER)
Pursuant to Insurance Regulation 89-2;
NOTE: Each title entity shall notify in writing every prospective
insured in an owner's title insurance policy for a single family
residence (including a condominim or townhouse unit) (i) of
that title entity's general requirements for the deletion of an
exception or exclusion to coverage relating to unfiled mechanics
or materialmens liens, except when said coverage or insurance is
extended to the insured under the terms of the policy. A
satiSfactory affidavit and agreement indemnifying the Company
against unfiled mechanics' and/or Materialmen's Liens executed
by the persons indicated in the attached copy of said affidavit
must be furnished to the Company. Upon receipt of these items
and any others requirements to be specified by the Company upon
request, Pre-printed Item Number 4 may be deleted from the
Owner's policy when issued. Please contact the Company for
further information. Notwithstanding the foregoing, nothing
contained in this Paragraph shall be deemed to impose any
requirement upon any title insurer to provide mechanics or
materialmens lien coverage.
NOTE: If the Company conducts the owners or loan closing under
circumstances where it is responsible for the recording or
filing of legal documents from said transaction, the Company
will be deemed to have provided "Gap Coverage".
Pursuant to Senate Bill 91-14 (CRS 10-11-122);
(a) The Subject Real Property may be located in a Special Taxing
District;
(b) A Certificate of Taxes Due listing each taxing jurisdiction
may be obtained form the County treasurer of the County
Treasurer's Authorized Agent;
(c) Information regarding Special Districts and the boundaries of
such districts may be obtained from the Board of County
Commissioners, the County Clerk and Recorder, or the County
Assessor.
NOTE: A tax Certificate will be ordered from the County Treasurer by
the Company and the costs thereof charged to the proposed insured
unless written instruction to the contrary are received by the ,
company prior to the issuance of the Title Policy anticipated by I
this Commitment.
This commitment is invalid unless
the Insuring Provisions and Schedules
A and B are attached.
Schedule B-Section 2
Commitment No. PCT14480
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Adjacent Land Owners:
Cindy Allison
0401 Smuggler Mt Road
Aspen, Colorado 81611
Chuck Rowars
0131 Smuggler Mountain Road
Aspen, CO 81611
Robert Stanger
0450 Smuggler Mountain Road
Aspen, Colorado 81611
New Smuggler Mine Corp.
Gary Wright
Wright & Adger
201 North Mill Street, Suite 106
Aspen, Colorado 81611
George W. Wilkinson
Fidelity Trust
Box 4067
Aspen, Colorado 81611
Jaya Wilkinson
c/o Charles T. Brandt & Associates
420 East Main Street
Aspen, CO 81611
T ulasi Wilkinson
c/o Charles T. Brandt & Associates
420 East Main Street
Aspen, CO 81611
USFS
Rob Iwamoto
District Ranger
Aspen Ranger District
806 West Hallam
Aspen, Colorado 81611
Pitkin County
c/o John Ely
Pitkin County Attorney
530 East Main
Aspen, CO 81611
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001-26-1999 TUE 10:06 AM
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PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY
DATE: October 6,1999
PROJECT: Stangor Subdivision, Conceptual Submission, Metro Residential Growth Management Quota System
(GMQS), 1041 Hazard Review, Scenic Overlay, Special Review and G MQS Exemption for a Dwelling Unit Deed
Restricted to AH Price, Income and Occupancy Guideline outside ofrhe AH Zone District
I.OCATION: The property is located on Smuggler Mountain and is refmed to as the Contraband and Result
Mining Claims
APPLICANT: Bob Stanger
REPRESENTATIVE: Herb Klein and Grallon Smith
PLANNER: Tamara Pregl
PHONE; 92H700/925-3977
PHONE: 920-5103
Type of Application: Conccplual Subdivision, Metro Residential GMQS, 1041 Hazard Review, Scenic Overlay, and
GMQS Exemption for a Dwelling Unit Deed Restricted to AH Price, Income and Occupancy Guideline outside ofthe
A H Zone District which requires Special Review. Derailed Submission and Final Plat ,viII roquire subsequent separate
applications,
Description of ProjecUDevelo(lment: The .rv! ieant is proposing tl]e following:
. Subdivide the Conrraband Mining Claim from adjoining mining claims and remerge the Contraband and
the Result Mining Clabns to obtain minimum lot area;
. Eslablish a building envelope for the construction ofa single family residence; and
. Est~blish an accessory building envelope for the eonslnJction ofa lInitlo be reslricted to the Affordable
Housing price and income guidelines.
Areas in wille It the Applle3nt has been requested to respond, types of reports requested:
Lan<l Use Code Sections to be addresse<l in leHer of request (application):
Subdivision and 1041 Hazard Review:
Article 2, Policies
Section 3.60, Environmental & Aesthetic Standards
Section 3-70, Water Resources
Section 3-80, 1041 Hazard Review
. Mapped severe wildfire hazard
. Adjacent ro mapped elk severe winter range
. Adjacent to mapped potential 3valanche
. Geologic (slopes)
Section 3-110, Improvements & Services
Seclion 3-1ZU, Impacts on Taxes & Management of Necessary Services
Seetinn 3-130, Development Exacti(ln.\
. Parks/Recrearion/Open Space
. Traits
. School Land Dedication
. Affordable Housing
Scetinn 3-150-110, Dwelling Units Restricted to Affordable lIousing Prices, I>,con1e and Occupancy Guidelines
Ol1lsidc of the AH Zone
Seetio" 3..]80, ImprOVlo1ment Agr\i:cmcnts
Sectinl\ 3-210, Special Review
MeTrO Residemial GMO.$:
Seetinn 3-16-020, Ceilings and Allotments
Section 3-160-050, Scoring Standards
Section 4-60-065, Seoring and Special Procedures and Sllbmiual Deadlines
OCT-26-1888 TUE 10:06 AM
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FAX NO,
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Stanger
October 6, 1999
Page 2
Staff will refer the application to the following agencies: County Attorney, Zoning, Colorado State Forest Service,
Ellvironmental Health Depal1ment, County Wildlife Biologist, Colorado Division of Wildlife, Aspen Fire Prolection
District, I-lousing Office, County Engineer, US Porest Service, State Geological Survey, City Planning
Note: Colorado S,,,,. Foresl Service (970-248-17325) and Ihe State Geological Survey"(303-866-2461) haY<!
.,"parate fees.
Review by: Growth Managemont Commission, P&Z and BOCC
Public Hearing? Yes. Public Hearing at Growth Management Commission meeting (joint City and County l'&Z)
Yes. Public Hearing at130CC for Conceptllal Subdivision, 1041 Hazard Review, Scenic Overlay,
Special Review, GMQS Exemption for a Dwelling Unit Deed Restricted to All Price, Income and
Occupancy Guideline outside of the AH Zone District
For all public hearin~, a public Ilotice sign s!lall be posted on the property at least 15 days prior to lhe hearing
pursuant to Section 4-90 of the Land Use Code. The Applicant shall mail notices to all adjacent property
oWners at least 30 days prior to the hearing with the return address of the Community Development
Department (0 copy of notice shall be ohtained from the Community Development Department). The names
and addresses shall be those on the current tax records ofPi!l,in County as they appeared no more than 60
days prior to the date of the puhlic hearing, The Applicant shall submit n copy of the adjnccnt property
owners with the complete applications.
What ree is the applicant requested to submit: PI.l111ing Office (deposit) $2,220 (additional hI'S are billed at a
rate of$185/hr); Referral Fees required: County Engineer ($320), Housing Office ($320), Environmental Hcalth
($320), Clerk and Recorder ($600).
To/al Deposil,' $3,780
Please submit: A 1i,t of adjacent propcrty owners and 2 copies oflhe 'Agreement To ray' form (do not include with
each packet copy).
Number of copies of the application and maps to be submitted: 31
For a complete application, please include the following in each packet:
o Summary letter explaining the request and addressing all Land Use Code stnndards listed above.
. Consent fi'om owner(s) to process application and nuthorizing the representative (if applicable).
. Parcel description, including legal de~cription and vicinity map.
o Proo f of ownership (from a title company or altorney licensed in the State of Colorado).
. 24" X 36" Plat and maps In accordance to Section 5-20-020 of dIe Land Us. Code.
o Legal nccess. The applicant should address access to tile proposed building envelopes,
. Copy ofthi. pre-.Pl' form_
. Signed .greement form regarding possihle time-frame for approval process (see attached)
NOTE: This preappiicalion conference summar)' is adviSOr)! in nature and not binding On Ih~ Count)'. The
infonrlClJion provided in thi:s summary is based On current zoning standards and slails infelprelufions bw;ed upon
representations of the appllcant. Additionallnf()rmalioll may be required upon complete review ofthrJ l)j)p!iculion,
00r-26-1999 rUE 10:07 AM
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FAX NO,
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p, 04
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Stanger
Octobcr 6, 1999
Page 3
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!, ~b k!C?,fV . have been advised by County slaffthat ~le approval process for Ihis application
may take as long as 18 months from the time a submittal is deemed complete due to the complicated nature of this
application and/or the scheduling of other applications sllbmil1ed prior to this. By signing in the space below, 1
agree to the potential time-frame for approval.
Stanger Subdivision Time-Fnllue Agreement Form
AppHc
~ FROM": Bruce A. ColI ins
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FAX NO. 970 876 5397
~ Oct. 28 1999 04:31PM Pi
COWNS & ASSOCIATES
6!;olOGICAlAND NATUIlAl ResoURCE CoNSUl.'I'ANTs
P.O. Box 23 . 1116 MINEOTA [)RlVE
SILT, COLORADO 81652
PHONE/FAX (970) 876-5400
bacol@rof.net
October 28, 1999
Grafton Marshall Smith
0187 West lupine Drive West
Aspen, Colorado 81611
Dear Mr. Smith;
RE: CONTRABAND AND ReSULT LoDe ClAIMS, SMUGGLER
MOUNTAIN, PITKIN COUNTY
I have completed my review of previous reports by my associate, Nicholas lampiris, Ph.D.,
regarding the subject claims, which were at the time (December 1987) being considered for two
building sites, and have visited the proposed new single building site on the Contraband as well
as the projected access thereto across the Result. All of the proposed development is below
Smuggler Mountain Road immediately above the last of the southern switchbacks on Smuggler
Mountain east of the town of Aspen. Accordingly, this review will concern only those portion
of the claims, which in fact extend a considerable distance both above and below this area of
interest.
With the exceptions noted below I found conditions essentially unchanged from those described
by Dr. Lampiris in his reports of December 4,1987, and therefore have little to add to the
recommendations and mitigations set forth in his reports, copies of which you provided.
As noted by Dr. Lampiris, surface COver is glacial moraine and is composed of unsorted and
unstratified silt, sand, gravel, cobbles, and boulders of almost-exclusively Precambrian granitic
and metamorphic rocks derived from the core of the Sawatch uplift immediately east. He
suggests that bedrock in the area is probably Belden Shale, but information available to me
indicates it is more likely Paleozoic:: limestone and dolomite of either the Manitou Dolomite
(Ordovician) or the Dyer Dolomite (a member of the Devonian Chaffee Group). Rocks at the
surface around the prospect shaft located in the southeast corner of the building envelope
appear to be characteristic of these units but not of the Belden (and they are most certainly not
part of the glacial material found here), and this interpretation agrees more closely with nearby
exposures mapped as Paleozoic by Bryant (1971'). Assuming that bedrock is indeed older than
the Mississippian leadville limestone and the overlying Belden Shale, the faulted contact
between which carried the primary ore deposits of Smuggler Mountain, the possibility of
abandoned mine workings beneath the site is unlikely. Nt'Vertheless, foundation design soil
testing should be sufficient to establish the absence of such workings within projected
foundation support span distances.
1 Bry.lnt, B.. 1971. Gt:ologic mapoftheAspenquadranglc, Pitkin County, Colorado: U.s. Gt:ological SurvcyGt:oI.
QUlId. Map GQ-933.
'_ FROM': Brwce A. ColI ins
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FAX NO.
970 876 5397
,I"""" Oct. 28 1999 04:31PM P2
PAGE 2
The presence of non-glacial material on the prospect dump also suggests that bedrock is
shallower than might have been anticipated previously, perhaps as little as 10 to 15ft at that
particular spot. The building site itself appears to be located on a remnant of moraine or
outwash terrace which is much thicker. Again, soil testing should be sufficient to establish either
depth to bedrock or a depth sufficient to assure no hazard to proposed foundations.
The building site itself does not include slopes exceeding 30%. The proposed driveway crosses
slopes that may approach this limit. Considering the nature of the site I recommend that once
an approximate route has been selected you consult with a qualified engineer to establish an
appropriate access design. The sloped nature of the property will simplify drainage, although
as always final landscaping and drainage should be constructed in such a matter as to protect
foundations from surface or groundwater accumulations.
As noted by Dr. Lampiris and as mapped by BJ)'ant (1971) there are known faults in the area,
Displacements on the faults are unknown but substantiaL There is no indication that there has
been movement on any of these faults for thousands of years. However, earthquakes of up to
Mercalli Intensity VJ2 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 II. Although rocks and soils in the area are not usual sources of
radioactive materials, the residence should be designed and constructed in such a manner as to
prevent possible accumulations of radon gas. There are no rockfall or avalanche hazards mapped
on the site. Care should also be taken during construction to assure that dislodged boulders do
not present a hazard below the site.
The property is in a somewhat geologically sensitive area, but with the proposed site design the
hazard(s) to which the property is exposed can be minimized; nothing in this report, however.
should be construed as suggesting that mitigations recommended herein can or will eliminate
such hazards in their entirety. If you have any questions or require any further illfonnation,
please do not hesitate to contact me.
Encl.
2 Roughly equivalent to magnitude 5 on the more-familiar Richt.rs~.le. Earthquakes ofthi. magnitude are felt
by all, with damage from minor to moderate.
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COLORADO GEOLOGICAL SURVEY
DEPARTMENT OF NATURAL RESOURCES
715 STATE CENTENNIAL BUILDING _ 1~1~ SHERMAN STREET
DENVER. COLORADO 8020~ PHONE (~O~I 866-26"
and PI-88-ooul
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ROV R. ROMER
GOVERNOR
July 5, 1988
Mr. Francis Krizmanich
Aspen/Pitkin Planning Office
130 SOutll Galena Sqeet
Aspen, Q) 81611
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Dear ~lr. Krizmanich:
RE: S.lUGGLER ~lOUNTAI:< ESTATES, PARCELS A AND B
.
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lYe have received the mine subsi>lence evaluation and maps and have completed
our review of the above referented proposals.
We are in concurrance With the findings and recommendations of Dr. Lampiris
and if his recommendations are followed, we have no objection to tne approval
of these applications.
Yours truly,
I-hx 4?~
Jeffrey L. Hynes
Senior En~ineerin~ Geologist
bjj:JUl-89-001
3bl6/2
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Nicholas Lampiris, Ph.D.
CONSULTING GEOLOGIST
0554 HIGHWAY 82
CARBONDALE, COLORADO 81623
(303) 963.3600
Decembet- 4, 1987
l'Ji I k Wi I ki nson
P.O. BOl< 4692
Aspen, CO. 81612
RE:
Contraband Mining Claim
Dear Mr. Wilkinson:
I have completed my geologic investigation for purposes of
House Bill 1041 of the building sites within the
Contraband mining claim as shown on the accompanying map.
The envelope is really divided into two building sites by a
significant swale which trends east-west through the site.
This is approximately one mile northeast of the Town of Aspen
within the Plspen 7 1/2 minLlte quadrangle, Pitkin County,
Colorado.
The two sites are on opposite sides of an old road in a
swale. Both sites ~re on northwEsL trending ridges covered
by aspens and native grasses. Th~y are both high enough not
to be affected by drainage and, at any rate, the improved
Smuggler Mountain Road will conduct water which comes off the
mountain to the east away from the general vicinity via its
borro~'J ditches.
The geology of the site consists of Quaternary age moraine
material o.f Glacier lIelJ ~onsistif1g of silts, sands, q;'-avf::~12,
and boulders in an unsorted and unstratified manner. The
underlying bedrock is most likely the Permian age Belden
Shale, a shale to calcareous shale unit. The regional dip is
approximately 45 to 55 degrees to the northwest" There is a
fault in the area under the glacial cover, but there is no
evidenc~ in the area of. activity along this or other nearby
faults..
There are no drainage concerns for either site if the swale
or low spots are avoided, but, at either site~. the home
should be landscaped to divert any surface runoff away.
Soils engineering studies have been performed in these same
materials in this vicinity and perhaps some of the adjacent
data can be used to properly design the foundation. As with
other sites in this area, the possibility of near surface
tunneling needs to be ir;vestigated through other sources.
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Water for domestic Use should be available through the
development of a Spring or well On the Sites. Waste disPosal
shoul d be Basi I y ",tt",i nabl e in these pe'-meabl e soi I 5 throuqh
the use of a standard septic system and accompanYing leach
field, but the Pitkin County Sanitation Engineer should be
consulted for his specific recommendations. I do not believe
that high ground water or near surface bedrock should b. a
concern. Access to either site should be readily available
off t~e Smuggler existing road system.
Either of these sites should be suitable for the development
of a single family home if the preceding recommendations are
fOllOwed. Please do not hesitate to contact me if there are
further questions.
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NL/clk
Sincerely,
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Consulting Geologist
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GRA'2TON MARSHAL SMITH
August 20, 1999
Ed VanWalraven
Fire Marshall
Aspen Fire Protection District
420 East Hopkins
Aspen, Colorado 81611
Ref: 0600 Smuggler Mountain Road - Contraband & Result
Dear Ed:
I would like thank you and OrriI:. for taking t..1,.e Hroe to rneet v.rith me yesterday. My
understanding of what we covered is that your fire equipment would be able to access
our above project over the Smuggler Mountain Road as currently aligned and that the
following criteria needs to be considered in the design of the driveway from the road to
the building site.
All season surface
50' turning radius & 13' 6" overhead clearance
16' wide driving surface if house has sprinkler system (would like to see detached
unit sprinklered also)
Some method of equipment turn around at end of driveway - per code
10' x 30' pull off designed into the driveway - unless roadway is 20'wide
Radius entrance off Smuggler Ivlountain Road uphill as well as down
Would you please send me a letter confirming this for my file and include an estimate
of response time.
I will be back in touch after I receive Vince Urbina's report on mitigation of the wildfire
hazard but until then if I have missed anything or if you have any questions please feel
free to call.
Sincerely,
_~_K-'.
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0187 West Lupine Drive Vvcst . Aspen, Colorado 8]611 . 970925-7120 970925-1829 (Fax) . gmsaspen@aol.com
11/03/1999 14:24 19709251829
08/04/1999 16:25 970-9~.422
GRAFTON M SMITH
CHARLOTTE SNY~
PAGE
PAGE 01
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KN E:nergy, Inc.
0098 COllnty Road 1eO
Glgnwood Springs, CO 81501
(D7C) 928.0401 Olfice
(970) 928.0408 FAX
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August 4, 1999
Grafton Smith
RIO: Result' Contraband Project - 0600 Smuggler Mountain Rd.
Dear Grafton,
This letter is to verifY that we have reeeived and reviewed the design drawing
f"r the project.
We have found the designs are Acceptable fDr our needs and we are capable
Of providing this project with gas servlc.. beaed on these specifications.
.........
Should you have any further questions, felll free to conta"t mll at 928 - 0408.
Thank you for your Interest in our product natural gas.
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3799 HIGHWAY 82' Po. DRAWER 2150
GLENWo.o.D SPRINGS. Co.Lo.RADo. 81602
(970) 945.5491 . FAX (970) 945-4081
July 7, 1999
Mr. Grafton Smith
0187 West Lupine Drive
Aspen, Colorado 81611
RE: Smuggler Mountain Tap
Dear Mr. Smith:
The above mentioned development is within the certificated service area of Holy Cross Energy,
Holy Cross Energy has existing power facilities located on or near the above mentioned project
These existing facilities have adequate capacity to provide electric power to the development,
subject to the tariffs, rules and regulations on file. Any power line enlargements, relocations,
and new extensions necessary to deliver adequate power to and within the development will be
undertaken by Holy Cross Energy upon completion of appropriate contractual agreements.
Please advise when you wish to proceed with the development of the electric system for this
project.
Sincerely,
HOLY CROSS ENERGY
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Buzz Quaco,
Staking Engineer
BQ:rjm
90-59
. AUi-02-99 06:49
From-USWEST FI"""\ ENG GJT
9102444149 ,~
T-994 POllOI Hi2
lti."WEST"
COMMUNICATIONS @
7.30.99
GRAfTON MARSHALL SMITH
ATTN: GRAfTON SMITH
0187 WEST LUPINE DRIVE
ASPEN, CO 81611
970-925-1720
970-925-1 S29 FAX
RE RESULT-CONTRABAND
us WEST COMMUNICATIONS WILL PROVIDE TELEPHONE SERVICE. TO THE ABOVE
MENTJONED PROJECT, AS REQUIRED BY TARIFFS, FILED through THE COlORADO PUBLlC
UTILITY COMMISSION,
IF YOU HAVE ANY QL:fSTIONS PlEASE CALL
1.970.244-4308
SlNCEREL Y
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GARY GIBSON
MANAGER
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Aspen. Lonsolidated Sanitation District
Sy Kelly * Chairman
Paul Smith * T reas
Michael Kelly * Secy
John Keleher
Frank Loushin
Bruce Matherly, Mgr
August 16, 1999
Grafton Smith
,0187 West Lupine Drive
Aspen, CO 81611
Re: 0600 Smuggler Mountain Road Project
Dear Grafton:
We have reviewed the location of your project at 0600 Smuggler Mountain Road in relation to
. the location of the public sewer system and have determined that your project is too far from the
public system to enable the project to be served. It appears that even if a straight line connection
to the public system was possible, a service line extending 800 feet would be required, Due to the
fact that there is so little development in this area it is doubtful that the District will be extending a
main line into the area in the near future,
Please call if you have any questions.
, Sincerely,
~ '-'-' <,,^A'-t~~
Bruce Matherly
District Manager
565 N, Mill St.,Aspen, CO 81611 / (970)925-360I / FAX (970) 925-2537
. .
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Tel CaP!evMi@/l
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July 30, 1999
0187 West Lupine Dr.
Dear Grafton Smith;
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201 AABC A'pen.Co, 81611
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This letter is in response to our conversation concerning service to the Contraband Lot 4471 on
Smuggler Mountain Road~ Tel Cable can provide service to this project at the cost of the developer
andlor the homeovmer, TCI Cable requires a 2" (two inch) schedule 40 pvc pipe with long sweeps
not sharp elbows per TCI Cable installation specification. Please contact our engineering dept with
any questions concerning this matter. In addition. the conduit run needs to come up aboll! every 600
feet in order to properly pull and amplify the cable system. Thank yon for your time conceming this
matter. My measurements on this project are about 1400 feet from 450 Smuggler Mm, To your
project.
~of)
Michael Johnson
Contractor Coordinator
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