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Land Use Case.1310 Red Butte Dr.0065.2007.ASLU
THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0065.2007.ASLU 2735 0130 3012 1310 RED BUTTE DR JASONLASSER DEMO AND SFR AV -20 PROPERTIES 8.27.2009 CLOSED BY Angela Scorey on 08/27/2009 / -. ~. E~ Eft Remrd l~avgatn Fgrm RapaSf FamK Iab tieb ~0>~s Q~'~~' t~J~3~~ct-! W a > a~~~ >> ~ f~i ~ - _ Marl Dustam Fads I fictions I Fee; f Fea SumnerY I Y~'btion I Parab I Sub permits I ~ondtions I Routing j(islory PemA Typo aslu -Aspen Land Usa PormA p 0065.21m7.A3LU y Address 1310, ED BUTfE OR J Apl/SuTe '.. City ASPEN ~- State CO Zw O1611 ~ _. Penrit lAormatwn ___._... _ ... __-.. _ .. 55o Masl~Pemil~~yy RouVgOwle aslu07 Appfrod 11/06/2007 J = prima ~ Slatus Dendn9 Approved ~-J ~~ R ~II $ , Desuipliws ESA~DEMO AND NEW SFR ~ssn+ed ~J Final r- i Subnitted JOSH SMITH 7049750 Cbck Runrn9 Days 1 Espies itU31/ZIX]3 J Dvmer ... _ __ -. LastName AV-20 PROPERTIES LLC ~ First Name~~ 5773WOODWAY DR 900 ~' PFnne HOUSTON TX 77057 ~, r Owner is Appicant7 -.-_ __..- -..... _-~. A~Lan ryama AV-2o PROPERTIES IIC y) Fiat Name-- 5773 WODDWAY DR '. phone w Ousts 27989 - Z~ OUSTON TX 77057 ~_~W -- ~ LeMer----. -.- -. - -.. 1 Last Name ~-~- ~~• Furi Name ~~ PFsa» .. ,... ~h o__.,. { To: ' City of Aspen, Building and planning Garfield County, Colorado From: Jerry Schlief Mailing address: AV-20 Properties, LLC 5773 Woodway Dr #800 Houston TX 77057 ` Phone: (713)882-5025 Date: October 2, 2007 RE: Authorization of Owners' Representative T3~ Red Butte Drive, Lot 2 Block 2 Aspen, Colorado With this letter I authorize John Muir Architects to act on my behalf in the application for all necessary permits and approvals for my property located at 1310 Red Butte Drive. 4 Representative: John Muir Architects 201 Main Street, Suite 304. ~ - Carbondale, CO 81623 i _ Phone: 970.704.9750 Fax: 970.704.0287 ' ~ Sigued: ~~ Jerry Sbhlief) ~ R N A G E Date 1 201 Mein Street Carbondale, Spite 504, Colorado 81625 Phone: (970)704-9750 Fac (970) 704-0287 E-Mail: jme~,sopris.net r .•. ;, Responses to DRC comments for 1310 Red Butte Drive Stream Margin Review Parks Department See attached drainage study and sheet C.1 grading drainage plan. See detail on sheet L-1, contractor will contact city forester. Questions 3-10 were addressed during discussions between Cathy Markle and Brian Flynn. Please discuss resolutions with Brian. City of As ep n En ine Bering Department Project specific comments: 1. Storm water- The drywell and drainage will be addressed by LPK Engineering, see at- tached drawings and details 2. Excavation- Where possible the stabilization will occur within the building envelope, any- where this will not be possible temporary shoring will be used and removed before comple- tion of construction. Please see attached a-mail from Tom Szynakiewicz with Hayward Baker for proposed methods. After discussion with Trisha Nelson it is my understanding that shoring is allowed in the setbacks as long as it is temporary. 3. Setback- The landscape designer, Cathy Markle, and Brian Flynn have discussed how this area will be handled since the existing structure occupies the azea within the 1 Y setback. See the notes and areas with revision clouds on sheets L.1-L3. 4. Driveway- Discussed between Cathy Markle and Brian Flynn on site. 5. Permits- Further discussion to take place between Cathy Markle and Brian Flynn. Comments from Todd Grange 1. Demo architectural plans have been included, see sheet A0.5. 2. Lot size and lot area- shading and calculations shown on sheet 1.2 3. Existing path has been removed, grading was addressed per Brian Flynn's recommendations 4. Roof heights and points are shown on sheets A4.1-A4.5. See sheet 1.3 for roof plan over topo with mazked heights. 6. All lights over covered porches on the river side aze recessed can lights, downward directed, have frosted lenses to obscure the point light source, and bulb wattage will not exceed SOW per fixture. The lighting which is above 12'-0" is fully recessed and point light source is not visible. The wall mount fixture on the lower level will be below grade and will not be visible from the river. See cut sheets for fixtures located in the back of the 8.5"x11" stapled to the front of the submittal package. Pendant, wall light, and post lamps on the street side of the house utilize water glass to obscure the point light source and combined wattage of lamps will not exceed SOW. See sheet L.1 for location of pedestaU bollard lighting, fixture 30201 WGET outdoor post lamp. 7. Garage entrance has been revised to comply with the 24' max. entrance width. 8. See sheet A0.2 for F.A.R. calculations. Covered decks fall under the 15% rule of Section 26.575.0.020 and deck and balcony aeeas have been noted on the F.A.R. sheet. 201 Main Street Carbondale, Suite 304, Colorado 81623 Phone: (970) 704-9750 Fax: (970) 704-0287 E-Mail• 'ma vm++s net CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Aereement for Payment of City of Aspen Development Aonlication Fees CITY OF ASPEN (hereinafter CITY) and ~(Z~A~p'+"/~ (hereinafter APPLICANT) AGREE AS FOLLOWS: APPLICANT has submitted to CITY an application for TIC. PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter pemrit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4, CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ which is For _ hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of X235,00 per planner hour over the initial deposit. Suclr periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT Chris Bandon Community Development Director GERALD w• Sci{i..ti` I nRNt><GE2 Date: OGi • 2~Fi 1Q0`7 Bill To Mailing Address and Telephone Number; 5773 w ooowry ~2 ~1 'boa J~ous 7'0 ~ t TX 770 57 ~' i3- 88~- ~oz~ ^. PPLICANT: .~, ATTACHMENT 2-LAND USE APPLICATION Name: AV- 20 P~EJt.?ll~ LLG Location: 121 n itEr W rrre / e.-r ~ o...... ~ xw a ~.. .....,,.. _.~ ._.. Pazcel ID # _~lndicate street address, lot & block number, legal description where annrooriatel Name: ..-~Ou-,) Mulft ~yfT6!.TS GoN1'aGTtJoSN SNI Address: Z.O ~ i`~A/~ bTi2F.ET ~ STR 2n4 ~,Bnc>M~ .e r GO 61(023 Phone#: 70y.9750 name: 1310 REa ~crf-r~ - Sc~.tU~l' ?L Address: /310 IE,[-p RuTTLe DRJ V , Phone #: TYPE OF APPLICATION: (please check all that apply): ^ Conditional Use ^ Conceptual PUD ^ Conceptual Historic Devt. ^ Special Review ^ Final PUD (& PUD Amendment) ^ Final Historic Development ^ Design Review Appeal ^ Conceptual SPA ^ Minor Historic Devt. ^ GMQS Allotment ^ Final SPA (& SPA Amendment) ^ Historic Demolition GMQS Exemption ^ Subdivision ^ Historic Designation ESA - 8040 Greenline, Stream ^ Subdivision Exemption (includes ^ Small Lodge Conversion/ Mazgin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ^ Lot Split ^ Temporary Use ^ Other: ^ Lot Line Ad'ustment ^ Text/Ma Amendment EXISTING CONDTTIONS: (description of existing buildings uses previous approvals etc ) S/~ll_ C~ LE. ~~1~/LY 6 Ib /.~TI.ACr TO !2E ,aCMC~L)$/~~ PxorosAL: descri lion of rc osed buildin s, uses, modifications, etc. BSI Yi(~1.5~~J/LY ~651~T/AC. 'Tb 8F BC..'y~GT Have you attached the following? FEES DuE: $ ^ Pre-Application Conference Summary ^ Attachment #1, Signed Fee Agreement ^ Response to Attachment #3, Dimensional Requirements Form ^ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards Ul plans that are larger than 8.5" x Il" must be folded and a floppy disk with an electronic copy of all written .xt (Microsoft Word Format) must be submitted as part of the application. ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: 1310 ';>?F~_ Butte ~,E/fJ~ - Scacr~,F.~ Applicant: AV- 20 P e7/.FS Location: 110 Q r~ gr~~ ~Qltdc Zone District: ,Q-~O Lot Size: $~ 015 .~ . FT. Lot Area: ~ ?7~ (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: N~AProposed.• /~7/~ Number of residential units: Existing: 1 Proposed: 2 Number of bedrooms: Existing: 3 Proposed: '7 Proposed % of demolition (Historic properties only): N/A DIMENSIONS: F1oorArea: Existing: 5.012. Allowable: 5__ 2~ roposed:5,2os Principal bldg. height: Existing: 22' Allowable: 25 ` Proposed: 25 ` Access. bldg. height: Existing.• IJ/A Allowable: 2S` Proposed: !S` On-Site parking: Existing: 3 Required: 3 Proposed: Site coverage: Existing: `1'I~ Required: Il7blaE. Proposed: 21 0 %Open Space: Existing: `~ ~ Reguired.• JUO/VE Proposed: Front Setback: Existing: 25 =D4 Required:~Proposed.• 3D Rear Setback: 5'.lo IS .~ Existing:FpeM T,pg.Reguired.•p¢~ Tos_ Proposed: =lb~z Combined F/R: Existing: 30 -/0 •• Reguired: S(5 ` Proposed.• $ = 0~2`~ Side Setback: Existing: 100" Required: 10''0" Proposed: O^O~~ Side Setback: Existing.• 12 = G ° Reguired.• ~'WrtficrProposed: to' i°ES71Q{GTE.1J Combined Sides: Existing:2~ _(o~ Required: 30 =0y Proposed: ~,0=0'd Distance Between Existing N~i~ Required: 10~aN Proposed:~Pi Buildings 4~e10a7 c.lt~, Existing non-conformities or Variations requested: lUbJl'll~ ~, .., Descriation of aroaosal-1310 Red Butte Drive Proposed development to include demolition of existing single family structure to be re- placed with new single family residence. Stream mazgin review standards: 1. N/A- Existing and proposed development is not located within the flood hazard area/ 100 yeaz flood plain. ~ ` 2. Recommendations of said agencies will be implemented to the greatest extent practica- ble. 3. Area outside of the designated building envelope will remain undisturbed. Envelope will be barricaded per the stated requirements. 4. Proposed development will not pollute or interfere with the natural changes of t,~le river, stream, or other tributaries, including erosion and/or sedimentation during construction. Any on-site drainage issues will be addressed per'a grading and erosion control plan pro- vided at time of building permit submittal, all drainage will be accommodated within the parcel, no drainage wlgl be allowed into the river or onto its banks. Pools and hot tubs will no be drained outside of the building envelope. 5. N/A-water course will not be altered or relocated. 6. N/A- see item five above. 7. N/A- no work will take place within the 100 year flood plain. ~ 8. Only native vegetation will occur within 15'-0" of the top of bank, see included land- scape plan. 9, Development outside of 15'-0"'setback from top of bank occurs within the 45 degree plane as described, see included site sections. 10. A landscape plan is included for review which follows stated guidelines. 11. All "exterior lighting will be in compliance with section 26.575.150, see included exterior lighting plan. 12. See included site sections and elevations. 13. Identification of wetlands and riparian zones aze noted on landscape plan. Proposed construction techniques: ` Typical residential construction methods. Soil to be laid back on site, excess to be trucked out if required. Soil stabilization implemented if required. 201 Mein Street Carbondale, Spite 304, Colorado 81623 Phone: (970) 704-9750 Fax: (970) 704-0287 E-Mail: jma@sopris.net ~T ~ f;~7d ~, NoT -(a EXc.F,..~b ~QW PCR- GIT~{ or A~E~T RE5 e(.. u~r;rr'~~-rr s7e,uael~S ` ` .IUAO 4" MINIATURE UNIVERSAL Project: IC HOUSING Fixture Type: Location: Contact/Phone INCANDESCENT LAMPS ICI PRODUCT DESCRIPTION ~ IC Air-Loc• Housing with all 4" trims complies with IECC, Washington State and other state Energy Codes • Double wall construction • Energy efficient, sealed inner housing does not require separate ALG gasket • Air-Loc housing stops infiltration and exfiltration of air, reducing heating and cooling costs • Can be completely covered with insulation. PRODUCT SPECIFICATIONS Lamp lamp ratings based on trim selected -see reverse. Socket Medium base porcelain with nickel-plated copper screw shell. Trims Trim selection shown on reverse. Labels U.L. listed for through-branch wiring, damp locations and IP • Product thermally protected against improper use of lamps • Union made AFL-CIO. • UL Listed/CSA certified • Trim No. 12, 4101, 4102 and 4181 are wet location approved for covered ceiling applications • Trims 14, 17 are wet location approved for covered ceiling applications, when used with outdoor raced lamps. Testing All reports are based on published industry procedures; field performance may differ from laboratory performance. Product specifications subject to change without notice. INSTALLATION Real Nail3 Bar Hangers Telescoping, patent-pending Real Nail 3 system permits quick placement of housing anywhere within 24" O.C. joists or suspended ceilings • Integral Tbar notch and clip secures housing in suspended ceiling grid - no accessory clips required • 24" expansion stop allows quick placement of fixture in standard grid spacing • Bars scored in two locations for fast, clean breaking, allowing housing installation in tightapplications • Bars captive to mounting frame •Edge-mounted for extra strength • Captive bugle-headed ring shank nail for quick one-step installation and easy removal with claw hammer for fixture relocation • Quick-L« slot and oversized I«king set screw lock fixture in position • Bar hanger foot contoured to align to bokom of conshuction joist • Alternate mounting holes included. Junction Box Prewired juncfion box provided wiU~ (Sj '6" and (1 j'/a" knockouts, (4) Romex connectors and ground wire, U.L. listed/CSA certified for through-branch wiring, maximum 8 No. 12 AWG 90° C branch circuit conductors (3 in, 3 out) • Junction box provided with removable access plates • Knockouts equipped with pryout slots. Mounting Frame 22-gauge die-formed galvanized steel mounting frame • Bsh" L x 6" W, (excluding bar hangers) • Rough-in section (junction box, mounting frame, housing and bar hangers( fully assembled for ease of installation. Housing Air-L« IC housing, .032" aluminum • Inner housing is vertically adjustable to accommodate up b a 1'/." ceiling thickness. DIMENSIONS 6" ® Qi ~ 7 6' 1 13 1/2" WII expand to 25" educes to 8 1/8" vifh breakaway feature) 4 1/2" CEILING CUTOUT ACCESSORIES Catalog No. Dnaiplion 4TSA torsion Sprang EEapmr (for original style housing) GU10-WHIP GU70 Socket Whio ra ",a",.,v~y ~bs ""md,. PRODUCT CODES ~ Catalog Numhor Input Vohage lamp Rafmg (nmxJ ~, ICI 120V A19/R14/R16/R20/PARIb/PAR20(Seemverseformuz.himmfing) ~e~ REV-4/05 Y t2" 'I t~~ ~-- IC1 Series ~" Incandescent Housing IC Rated, Compact Size a'"`°` • Features • 4" Housing • Medium base porcelain socket with nickel-plated copper screw shell • Housing is vertically adjustable to accommodate up to a 1 "ceiling thickness • Aluminum housing is fully assembled for ease of installation • Shipped with socket cap to protect against paint overspray • Real Nail" 3 bar hangers: telescoping system with pre-installed removable nail for easy repositioning of housing in joist construction • Integral T-bar clip for secure installation in suspended ceilings • Patented breakaway bars for tight joist spacing • Bar hangers may be re-positioned 90° • Curved foot facilitates alignment with joist bottom • Quick-Loc slot and oversized set screw lock fixture in position • Pre-wired junction box with (6) 1/2" and (1) 3/4" knockouts with pryout slots, (4) Romex" connectors, and ground wire • Shadow-free, knife-edge trim design blends smoothly into the ceiling and allows architectural continuity with Aculux"trims • UL Listed, C-U VCSA certified for through-branch wiring, maximum (6) #12 AWG minimum 90° C branch circuit conductors (3 in, 3 out) • Thermally protected against improper use of lam • Lamp wattage ratings and apertures based on trim selection on pages 35-37 Ordering Information Description IC rated, energy efficient Air-Loc° sealed double wall construction housing does not require separate Air-Loc gasket • Can be completely covered with insulation • Air-Loc housing with all trims stops infiltration and exfiltration of air, reducing heating and cooling costs Listings UL Listed, C-U VCSA certified for through-branch wiring, damp and wet locations • Washington State, IECC and MEC energy codes as tested per ASTM-E283 • Wet location listed with trims 11, 12, 4101, 4102 and 4181 • Wet location listed with trims 14 and 17 with outdoor rated PAR20 lamps • Conforms with City of Chicago IP requirements Catalog Number: IC1 -Standard Catalog Number: IC15 - IC1 with smaller footprint bar hanger (Real Nail" 2) Catalog Number: IC7 W - IC1 with push-in electrical connectors for fast, secure installation Dimensions t 13 1 /2" Will expand 8" to 25" 1 (Reduces to 8 1/2" 0 with breakaway feature) 9 1 /8" -~ _ 12' ~I Accessories Catalog Number Description GU10-WHIP Medium base to GU10 base flexible socket adapter(use with 440 & 448 trims only) T599 1 " Socket Extender i !~ 6" ~o 1 • o ~. _. ~..",j ~~-, . -:~ t , ..~.. f .. ~I f"z • 4 1/2" Ceiling Cutout ~~ Jurvo LIGHTING Gaouv ®mr.ra v www.junolightinggroup.com 31 Juno Lighting Group Page 1 of 1 Resideldial Recessed ~~~©~ Commercial Recessed 4" Frosted Glass Dome Lensed Trim I `:.=_ ~..-: s r.; G.::._ lu , .., Trdc L'ghting Underrabinet Lighthlg Catalog No: 4101-ABZ, 4101-SC, 4101-WH Description: 4" Fros[ed Glass Dome Lensed Trim Colors/Finishes: Trim Ring: Classic Aged Bronze (ABZ) ;Satin Chrome (SC) or White (WH) . Product Guide Page: View Spec Sheet: View Instruction Sheet: View IES File: View High Res Image: View Line Art: View Pdvocy Policy t 51re Map ~~ Jan Lmm~~Gxae ~ our v http://www.junolightinggroup.com/product_detail.asp?ino=1942&Sel_Id=1477&brand=l 10/3/2007 Home , Juno Indy , AIFg , Aeculite ~. Elate Modupght Aculux NaviLlte Danalite G3.1.0 4" MINIATURE UNIVERSAL IC HOUSING INCANDESCENT LAMPS IC1 Cat. Na !~^ `r ~J 11-WH •12W-WH O •iZW-SC • 1ZW-ABZ ®O 18-WH ® 148-WH 14B-F8 •~ ®14B-8C 19B-ABZ 14W-WH ~O 16WH 170-WH 17CrWN 178-WH •~ ® 17p1-SC 17W-WH 17HZ-WH 17NMZ-WH 17WH2-A8Z ®~ 18-WN 18-SC 19-WH 19-PB 440-WH 440-BL ® 440-50 440-ABZ 448-1NH ® 448-PB 448-SC Cm. No. Dexriplion Max. Wmp Rating Trim Size: S" O.D. Trim Finish: ABZ -Classic Aged Bronze, BL-Black, GP -Graphite, PB -Polished Brass, PW -Plastic While IPalycarbonate malarial shower him), SC -Satin Chrome, SL-Silver, WH -White. Alzak is a registered hademark oFAlcoa Corp. Note: In Canada when insulation is present, Type IC fixtures must be used. '®' JUNG IC housings meat IECC Energy Cade requirements per ASTM E283. Air{oc• rated hims era pragaskated For minimum air leakage with IC housings. • UL Usted for use in wet lomfion. •~ Ul listed for use in wet locafion with outdoor rated lamp. Beveled Cylinder 50W PAR/R20 Beveled Cylinder Beveled Cane SOW PqR/R20 8e~eled Cone Beveled Cane Beveled Cone Beveled Cane 8eezled Cone Cylinder SOW PAR20, Cylinder 30W R20 Cylinder Cylinder Cylinder Cylinder Cylinder Convex Gloss 50W PAR20, Convex Glass 30W R20 (torsion spring atlochmenfl Dropped Disk SOW PgR20, Dropped Disk 30W R20 Dropped Disk Sgwre Glass SOW PgR20, 30W R20 Segmented Arcs SOW PN220, Segmented Arcs 30W R20 Solid Glass Collor SOW PAR/R20 Irorsion spring attachment) Nl Glass Shower 35W PgR20, Irorsion spring attachment) 30W R20 • ~~ 1300 5. Wol( Road • P.O. Box 5065 • Des Plaines, IL 60017-5065 • Phone j847~ 827-9880 • Fax (847 827-2925 .,/„oLrunwGxae 220 Chrysler Drive • Brampton, Ontario • Canada L6S 6B6 • Phone (9051 792-7335 • Fax j905j 792-0064 Visit us at wwva.junoightinggroup.com Pdnred m U.S.A. ®2005 Juno Ughnng, Inc. oasaiption Drop Opal Shower Trim, fiosted perimter lens Shower Trim, froskd perimter lens Shower Trim, hosted perimter lens 2" Pinhole with Integral Shield Black Baffle Black Baffle Black Baffle Black Baffle White Baffle Scoop Wall Wash with higher inner shield Cone-Clear Nzak• Cone -Gold Nzak• Cone -Black Alzak• Cone - Pewter Nzak• Cone-Gloss White Cone-Haze Cone-Wheal Haze Cone- Wheat Haze Mlni Eyeball Mini Eyeball Mini Eyeball Mini Eyeball Flush Gimbal Ring Flush Gimbal Ring Flush Gimbal Ring Flush Gimbal Ring (New tighter gap, uses 2" optical medial Eyeball vrith Black Baffle Eyeball with Black Baffle Eyeball vrith Black Baffle Max. lmnp Rating 30W R20 30W R20, SOW PAR20 must use T599 Socket Extender 30W R20/ 35W PAR20 50W PAR20/R20 25 W R 14/40W R 16 'ntermediate screw base SOW PAR20/R20 60W PAR16 25 W R 14/40W R 16 imermediote screw base 35W MR 16/ E516 GU 10 base (Requires GU 1 PWHIPI 35 W MR 16/ ES 16 GU 10 base (Requires GUIUWHIP .®. •4101-WH Beveled Dome Shower SOW PAR20, m me er •4102WH Beveled Shower SOW PAR20, ®~4102•SC Beveled Shower 30W R20 •4102-ABZ Beveled Shower ~~ 4103FR05T-WH 4150FROST-WN ~ 4150FROST-SC 4150NU11ZE-WN 415000BALT-WH LLL~~~ 415000BALT-SC 4150MESH-WH 4150ME8H-SC ®~ 4151FROSFWH 4151C08ALT-WH 4103FROST-SC 41040-WH 4104&WH 4104HZ-WH 4104HZ-SC 4104WHZ-WH 4104WHZ•ABZ ~ 415ZFROST-WH 415ZAMBER-WH alsxoRaETwH 41s3G1A58-WH ~ 41s40001-WH ~ 4154WARM-WH !~~ 4180FROST 044181C1EAR Maxim Outdoor Light Fixture~'""~estlake Series ^~ Page 9 of 12 . Width: 10" . Height: 25.5" . Extension: 14" . Bulb: 3 x 60 Watt Candelabra Base . Shade: Water Glass . Material: Trisyn . Finish: Earth Tone . Width: l2" . Height: 30.5" . Extension: 16" . Bulb: 3 x 60 Watt Candelabra Base . Shade: Water Glass . Material: Trisyn . Finish: Earth Tone 30210WGET: Whittier Outdoor Pendant . Width: 10" . Height: 2]" . Bulb: 3 x 60 Watt Candelabra Base . Shade: Water Glass . Material: Trisyn . Finish: Earth Tone $11g.g~ 10/3/2007 ~ 30208WGET: Whittier Outdoor Wall Light Fixture 1 Maxim Outdoor Light Fixt~s: Westlake Series ~~^! Page 6 of 12 4662: Wharf Wall Light Fixture Outdoor . Width: 7" . Height: 12" . Extension:8.5" . Bulb: 1 x 60 Watt Medium Base . Shade: Seedy Glass . Material: cast alumin . Options: Seedy Glass with Country Stone Finish (not shown 26.24 . Options: Seed Glass with Pewter Finish shown $26.24 r , t 30200WGET: Whittier Outdoor Post Lamp . Width: 8" . Height: 17" . Bulb: 1 x 100 Watt Medium Base . Shade: Water Glass . Material: Trisyn . Finish: Earth Tone $92.40 Post and Pier Mounts 30201 WGET: Whittier Outdoor Post Lamp . Width: 10" . Height: 21" . Bulb: 3 x 60 Watt Candelabra Base . Shade: Water Glass . Material: Trisyn . Finish: Earth Tone $107.25 ~"f~ ~ GOMBIa~C-0 7Y T~ ASE: v 35 w PE.R, 5TA]17DA2D-S - http://www.garbes.com/maxim/outdoor-light-fixtutes.html OT 7~ J:XCFrI.j~ Nr~ac- uy~ruuy 10/3/2007 Maxim Outdoor Light Fixture>-~YVestlake Series 30211 WGET: Whittier Outdoor Pendant x . Width: l2" . Height: 25" . Bulb: 3 x 60 Watt Candelabra Base . Shade: Water Glass . Material: Trisyn • Finish: Earth Tone $155.10 T1oTE.~ GoH81l.~.0 6,,p-r7AC~F OF Gt7Y of ASpt:N 1te.Sttx~1 302 T: Whittier . Width: l4" • Height: 7" . Bulb: 2 x 60 Watt Medium Base . Shade: Water Glass . Material Trisyn . Finish: Earth Tone $90.75 Flush to STAAaL~AS Page 10 of 12 :Outdoor Lighting Fixtures Outdoor Lightin¢ Garbe Industries, Inc. 1-800-735-2241 (918)627-0284 4137 S. 72nd E. Ave. Tulsa, OK. 74145 DEPARTMENTS . Home Paee . Li t Fixtures . Bath & Sconce . Ceiline Li tin • Tiffany httro://www.Qarbes.com/maxim/outdoor-light-fixtures.html 10/3/2007 Land Title Guarantee Company Date: September 16, 2005 AV20 PROPERTIES, LLC, A TEXAS LIMITED LIABILITY COMPANY 4054 N. BRAESWOOD BLVD. HOUSTON, TX 77025 '"1 Enclosed please find the title insurance policy for your property located at 1310 RED BUTTE DRIVE ASPEN CO 81611 The following endorsements aze included in this policy: Deletion of Standard Exception(s) Please review this policy in its entirety. In the event that you find any discrepancy, or if you have any questions regazding your fmal title policy, you may contact Tide Department Phone:970-925-1678 Fax:970-925-6243 Please refer to our Order No. 0386873 Should you decide to sell the property described in this policy, or if you aze required to purchase a new title commitment for mortgage purposes, you may be entitled to a credit toward future tide insurance premiums. Land Tide Guarantee Company will retain a copy of this policy so we will be able [o provide future products and services to you quickly and efficiently. Thank you for giving us the opportunity to serve you. Sincerely, Land Tide Guarantee Company * * * ~ .pL Owner's Policy y ~ * Amervan Lmd TNe Assacm0on Owner's Policy 1617.92 SUBJECT TO THE IXCLUSIONS FROM COVERAGE, THE EXCEPFIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDffIONS AND STIPUUITIONS, OID REPUBLIC NATIONAL TRIE INSURANCE COMPANY, a Mimewtl carpaation, bask called Ne Canparry, imvu, az oT Date of PoAry shown br Schedule 0. agaimt ku or damage, cot exceeding Ne Amamt of bwvance stated'm Schedule A, susreimd a incemd by she insured by reason of: 1. T'Ne to the estate m imeest dewnlied m Schedule A being vested oNa Nan as stated therein; 2. Arty defect in or fen a emm8rance m Ne title; 3. UnmarketaMTrty of Ne title; l lack of a fight of eceazs to arM from Ne land. The Comparry um'A alw pay Ne costs, attorney's tees and expenses intoned in defeme of Ue title, as msved, but ody to the ertem prauided in Ne Dmatiom and Stipuletims. IN WITNESS WHEREOF, the said OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY haz caused its carpaate name aM seal to be haeumo affaed by its duly auNodzed officers az of the date shown in Schedue 0. Ne polity to be valid when cmmersigned by an auNaired officer a agem of the Company. IXCLUSIONS FROM COVERAGE The fdlowbg matters are expressly excluded from the coverage of this pdiry and the Camparry will not pay loss a damage, costs, attomrys' fees or experses which arise by reason af: 1. (a) Arry law, ordnance or govanmenW regdatim Grdur6ng by not Amited N hwldrg and zoring laws, aJnances, a regulations) resviakig, regulating, praNlavrig or relati~ to 0 Ne ompanry, use, or enjoymerd of Uw kM; QG the chareaer, dimensions a kcetim of arty improvemem now or bereafter ereaed on the land; n a separetim n ownersNp a a change in the dnmmiora a area of the land ar arty parcel of wtdch Ne lend rs a was a part; or Gd emironmmml protection, or the effect of arty vidatian of New lava, orrOnamaz or govemmemal regulations, except to Ne eztem tlwt a mtice of Ne enforcemerA thereof a a mtice of a defect lien a enwmbrence resuRing from a violatim or alleged vialaUon affecting Ne land has been recorded in Ne pullic records at Date of Polmy. ro) Arry govemmemal pace power not ezduded by (a) above, except to the extent that a mtice of Ne exercise thereof or a mtice of a defect, Ikn or emwnhrence resdUrig from a vidatlm a aleged vidatlon affecting the lobe has keen recorded in the public records at Date of Pdicy. 2. Righrs of emiant damn udazs mtice of Ne exerdu thereof has been recorded in Ne publc records at Dare of Policy, but not ezdudrg Iran rovaage arty taking whidi has occorred pdar to Date of PaAry which wadd be bmdrg m Ure righrs of a purchaser fa value wiNwt kmwledge. 3. Defects liens, encwMrances, adverse clamv, or aNa matters: (a) created, suffered, aswmed a agreed to by the insved claimant; )L) not kmvm to the Campary, cot recorded'm Ne puh6c records a[ Date of Polity, by known to the insved daimant and not disdosed in wdting to Ne Compmy by the insved daimam pdar to Ne date Ne brsved domain became an insured under this poicy; (c) resdting br m lass a damage to the inwred claimanC (d) attadring a aeated whsequent to Date of Pdiry; a (e) resdtlng in loss a damage which would cot have been wstaimd if the imured daimant had paid value to Ne es[av a interest insved by Nb pdiry. 4. Airy claim, wtddr adsaz out of the transaction vesting in the Imured tbe estate a imerest insved by Nis poky, by reason of the operetion of federal bankn~try, state imdvency, or similar aedrtors' fights laws, that is based m: Q Ne varnwctian seating the estate a letaest insved by tlds polity being deemed a fraudulaR conveyame m freuddem vansfer, or GG Ne transaction creating Ne nslare a ineest inwred by this policy being deemed prefercotial vansfa except wbere the prefere~al transfer resdts firm the ta0ve: (a) m tbmly record the mstrwmnt of vansfer; ar b) of wch recordation to impart mtice to a puchaser for value or ajudgment or lien credrtar. OLD REPUBLIC NATIONAL TRLE INSURANCE COMPANY A Stork Cmipatry 400 Second Aveme Sadh Minneapolis, Minnesota 55401 (612) 3711111 Issued Nraugh Une Office of: ~ ' LAND TITIE GUARANTEE COMPANY .~ ps.nitp 533EHOPNINS -102 ~=P** + • *sG ASPEN, CO 81611 9769251678 ('~ ~ * lID *~ 1lr ~r m: Gf/~~~ a* * o : ~ .~.C.~' 1 ry ~,.* * a4!, d ~~ , ~ p ~~6 ~ n rM ~.P_` IP ~~ 10 ~ AN ~ ~, AuUwdred Signature AO.ORT (Farm 402D) Cover Page 1 of 3 CONDITIONS AND STIPUUITIONS 1. Defidfion of Terms The fdlowkg terms when used n this policy mean: (a) insured":the insured named in Scbeduk A, and, sWjea ro any fights w defenses the Camparry wadd have had against the named'msaed, those who wceced to the intaen of the named insured by operation of kw as dutmgdshed Ram purchase includrg, bin not limited to, hehs, dsttihutees, devisees, survivors, personal reprecentatrves, rert of kh4 or corporate or fduciary wcceswrs. (b) "immred daimon[": an insured claiming less w damage. (cl "knowledge" a "Imavm": actual knowledge, rrot canswcUve knowledge or notice wNch may be hrq~uted to an insured by reason of the public records as defined in this policy a any oNa retards which impart constructive nonce of matters affecNg the land. (fit "land":the lend desaihed or referred re in Scbedde A, ant Improvements affaed thereto which by kw censtitute real property. The term "land" does rent irdude arty property beyond the lines of the area dewdbed a referred to in Schelde A, nor arty dgM, title, interest estate or easemem in ahu[Ung streets, roads, avenues, alleys, laices, ways a waterways, but notldng herdn shaA modify or emit the extent to wNch a fight of aceess to and Ram the lend is insured by this parry. (e) "mortgage": mortgage, deed of trust, vest deed, a other seadry instnanmt. m "public records": records established under state statutes a[ Date of Polity fa the purpose of imparting censtructive na0ce of matters rela0ng to real property to purchasers fa valve and withom knowledge. With respect to Section 1(al(rv) of the Fxdusmns from Coverage, "pubrc records" shall aka iwlude emdrommental protecfian liens fled in Ne records of the clerk of the United Slates dstdd court for the distdnt in which Ue land is located. (q) "umerketabiGty of Ne title': an alleged a apparent matter affecting the tlUe re the land, nor excluded a excepted from coverage, wNdi would enthle a pachaser of the estate or interest deurLed in Schedule A to be released Rom Ne ohligatcn to purdcese by virture of a contractual coMitlon regddng the delivery of markem6le title. 2 Condnuafion of InsurarKe After Conveyance of TNe The fagawbg coverage of Ws pdiry shall cemimre in force as of Date of Pdiry h fauw of an insured oily w long as the insured ratans an estate or imerest in the land, a holds an indebtedness secured by a purdiaw money mortgage gNen by a purchaser from Ne inwred, a only w long as the mswed sha0 have liabdry by reawn of cewnanu a warranty made by tlm insured in arty Vansfer err cemreyance of the estate err interest. This parry shall not continue m force in favor of arty purchaser tram the ensued of tither g) an estate or interest m Ne land, or n an indebtedness secured by a purchase money mortgage given to the insured. 3. Notice of Claim ro be Oiven by Inwred Claimant The nwred NaA notify the Company promptly in writirg n in rase of any GdgaUon asset forth in SecOan 4(a) below, ~) in case knowledge shall come to an inwred bereunder of arty claim of the a interest which is adverse re the fitk to the estate a bderes; as inwred, aril which might ease less a damage for wNCh Ne Camparry may be liable by virwe of of tNs policy, or ai 'd title to the estate err cteres; as insured, is rejected as urmarketable. If praript notice shall not be given to Ne Comparry, Nen as to the insured all kadTiry of the Compairy shah terminate with regard to the matter a matters far which prompt notice is requkd; provided, however, Nat failure to mdty the Compary shall in no rase prejudce the fights of arty insured uMer this polity unless the Comparry shall he prejudced by the farure and [ben only to Ne extent of the prejudice. 4 Defense and Prosecution of Act r Duty of Ins[ d Claimant to Coocerate (a) Upan wdtten request by the insured ant subject to the options canreined in Section 6 of these CandiUOns ant Stlpdadons, the Conpary, at its own cost and wiNaut unreasonable dday, shall provide to the the defense of an inwred in Gtigafion in wNCh arty Nird party asserts a claim adverse ro Ue title w interest as insured, but only as to Nose stared causes of action aAegirig a defea, lien a ermumaance w other matter imirred against by this polity. The Company shag have the dgM m sdeM cemsel of its chdce (whjed to the dgM of the inwred to object far reasorohle cause) ro represent the kuured as to those stated rouses of action and shat nor be liable far and will rat pay tbe fees of arty othar cemsd. The Comparry wall rent pay arty fees, costs a expenses intoned by Ne iiwred in the defense of Nose causes of action which allege matters rrot iruured against by tlis polity. (6) The Compary shall have tlce dgM, nt its own ces; to institute and proseate any action err proccedng a to do arty aNer as which in its apidon may be neceswry a desirable ro establish the title to the estate or kdaes; as insured, or to prevent w reduce loss a damage to the insured. The Company may take arty appropdate azfion under the terms of this pony, whe[har or rent it shall be liable beremder, ant shaA not Nere6y concede liability a waive airy provkion of this po6ry. If the Canpany shall exerdse its fights unber Nis paragraph, h shall do so dirgently. ,., (c) Whenever the Company shall have brought an action a interposed a defense as required or pemdtted by the provkioiu of Uis pdiry, the Compary may pursue any lidgatkn ro final determination by a wort of competentjudsGntianand expresdy reserves the dgh; in its sde duuetlan, to appeal fran arty adversejudgment a order. (d) In erg cases where tNs pdiry pemdrs a regdres the Company to praucute or provide for the defense of arty action a praceedry, tlce imaed shill secure to tbe Congtary the dgM to w prosewte a provide defense m tle acUan a proceeding, and all appeals therein, ant permit Ne Comparry to use, at its opUan, Ne name of the ktwred far this pupose. Whenever requested by the Comparry, the kuured, at the Company's expense, shag give Ne Company all reasoceNe aid gl in arty action w proceMng, searing euhknce, obtaidng whnesses, prosecuting w defending the action a proceeding, w effecting settlement, and Qg in arty other WwfW as which in the opinion of the Comparry may be necessary a desirea6le to esta6gsh the title ro the eshte w imerest as inured. If the Canparry is prry'udced by the taikue of the iruured to furnish the regdred coopereton, the Company's obligations to the huured under the pdiry shall terminate, including arty liability err obligation to defend, prosecute, a centime arty rUgafian, with regard to the matter or matters requking such cooperation. 5. Proof of lflss w Damage M adddan to and after the notices requ'ved under Section 3 of these Caridtcns and Stipulations have been provided the Company, a proof of loss a damage signed and swam N by Ne insured claimam shall he famished to the Comparry wiUdn 90 days after the insured cldmam shall ascertain the facts giving dse to the loss a damage. The proof of loss or damage Shan descrbe Ne detect in, or Gen a eriwmhrence on tlce title, a other matte imured agars[ 6y Nis pafiry which censOwtes Ne bask of less a damage ant shall state, to Ne exrem posvLk, Ne basis of celwlatng the amount of the less w damage. If the Compary is prejudced by the failure of the insund claimant to provide tte regdred proof of less or damage, Uce Canpary's obligations to Ue inwred under the potty shall terminate, intludng arty fiaWity a obligator to defend, prosewte, or cemnue any litigation, wiN regard ro Ne matte or matters requmng such proof of loss a damage. In addUon, Ne insured claimant may reamrebty be required to wbmh to ewmina0on uMer oaN by arty auNahed represerdafive of Ne Compary ant shill produce far examinatlan, inspecUai and copying, at sorb reawria6le times and places as may be designated by arty auNadzed representative of tlce Company, all records, books, ledgers, decks, cerrespondence and memoranda, wbether bearing a date before or after Date of Pdiry, wMch reasonably pertain ro tle loss w damage. FirNer, if requested by arty authadzed representative of Ne Compairy, Uce insured claimant shall grant its permission, in wdtrg, fa arty auNarsed representative of the Compary to examine, Mspent and cepy al records, books, ledgers, checks, cemespoirdense and memoreMa in the custody or caned of a Nib party, wNch reawnably pertain ro the bss a damat~. All infamcedan desigreted as ceiddenhal by the kuured claimant provided to Uce Company pwsuam to thk Section shaft not be dsdosed to others unless, in the reasorehlejudgment of tle Comparry, it k necessary in the administration of the ddm. Falure of the inwred claimant to submit for examination under oaN, produce otlcer reawnahly requested intomcefion w grant permkskn to secure reasonably necessary hdormaUon Iran Nkd parties as regdred'm tNs paragraph shall terminate arty liakLry of the Company order thk parry as to that dabs. 6 Oodoru ro Pay or Otherwise Settle Cleimr Termination of Uad7 In cew of a claim uakr this pofiry, the Camparry shall have the folbwing addUanal options: lal To Pay a Tender Payment of the Amount of Inwra To pay a tender payment of Ne amouit of oisurance under this pdiry rogether with arty vests, attameys' fees and expenses incurred by the insured claimant which were authorbed by the Company, up ro Ne lime nt payment a tenter of payment ant wNCh Ne Company is obligated ro pay. Upon Ne exerdse by Ne Compary a this option, all fiahirry and ahrgadons to Ne insured ender tlds policy, other than re make payment required, Shan terminate, iwArdng arty rabdty or obligation to defend, prosecme, or canfince arty litgation, and tle pafiry shall be wrtendered re the Comparry for cermenatiw. Nl To Pay a Otherwise Settle WiiN Pa "es Other Than Iw Ins~ir,vi a With too Insured Clamant (I) to pay err otherwise settle wiN other parties fa or in the name of an insured claimant arty claim insured against ands Nis parry, together vdth arty costs, attameys' fees and expenses inarted by the insured clamant wNrJr were autlmr¢ed by the Company up re the time of payment ant which tlce Company is aWigated re pay; or ~ to pay err otMrwice settle vdN the insured damimrt the bus or damage provided for unto this pdiry, together wiN arty vests, attorneys' fees and expenses ironed by the insured claimant which were authorized by the Camparry up to the once of payment and which the Compairy is obligated to pay. Upon the exerdse by the Conpary of eitler of the optons provided fa ~ paragraphs W)@ a (Oj, Ue Camparry's ohligatcru [o the immed ands thk pony for the clerked loss or damage, other than the payments regdred to be made, shall terminate, includug arty liahifty a ohligatlen to deferd, prowcure, a co~nue arty litigation. AO.ORT.2 Cover Page 2 of 3 7. De[eminatrw. Fnem of UahTm and Cdnsurance. TNs policy is a codred of indmniry agabst scrod rrwrietary loss or dama~ sus[diced a insured by the bsmed daimard wbe has suffered loss a damage hY reasw of matters insured against by this pofiry and wly ro the ex[em berdn desaibed. (a) Tbe fabi0ry of the Campairy wder this pdiry stall not exceed Uce lent of: gg the Anxxmt of Imurance stated in Sdmdub A; a, l~ the difference betwew the value of the inwrM estate a interest as inwred wd tlx! vdw of the inwred estate a b[erest sWjed to the defect Ben or wmmbrence insured agdmt 6y tNs pdwy. Or) h the event the Amount of Inwrance stated in Schedub A at the Date of Pbecy is bas tlwn 80 pemem of the value of the bsrned estate or interest a the full cwsideratiw paid fa the land, vmichever is bas, a'rf subsequem ro the Date of Pobcy an improvemem is erected w the bM which increases tlm value of the framed estate a imerest by at leas[ 20 pacem ova th Amowt of Irauance stated in Sdmdule A, then thk pdiry's srdytt[ to the fdlowing: ~ where m wbeequem bpmvemem has been made, as to arty partial loss, the Cwpary sbe0 oily pay Ore bas pro rata b the proportiw that the amaum of insurarce at Date of Policy beam ro the rorol value of the named estate err imerest at Date of PaGCy; a git where a subsequent bnpravemem has been made, as ro arty partial bas, the Campwy shat oily pay the bas pro rata b the proportion that 120 perowt of the Amain[ of Insuance stated in Sdredde A bean ro the win of the Amount of Inwrence stated in SdredWe A ant the amoum expelled fa the impravemwt. Tbe provi4ora of this parogreph shall nor apply ro costs, attameys' fees and expenses to wNdi the Camparry'a liabe tints this pafiry, and shat only apply to that portbn of wy bas which exceeds, m the aggregate, l0 pacem of the Amowt of Insurance subd in SdmdWe A. (c) Tbe Comparry wil pay oily those costs, attorneys' fees ant expenses bcumM in accerdance with Section 4 of these Cwditions wd Stipulatlws. 8. Aooortiamrwn[. If the IoM described in Schedue A censists of two or mare parcels wNch are imt used as a single site, wd a bas is established affectirg one or mare m the pame4s but wt a0, the loss shall be cwipmM ant mottled on a pro rata basis as if the amowt of iriwrarme tints tlds pdiry was dMded pro rero as to the vabe on Date of Pdiry of each separate parcel to the while, eschaive of arty improvemems made subsequem to Date of Policy, wless a Gdriliry or value has otherwise hew agreed upon as ro each parcel by the Comparry arm Uu insured at th tlme of the issuance of this poGry mod shown by w express srotemem or by an endorsemem attadied ro this pdiry. 9. Umitatiw of liability. (a) If the Comparry esreNishes the title, or removrs the alleged dded, lies or encumbrance, or noes the lack of a dgM of access ro ortram the land, or ores the tlaim of umwrkerohliry of title, all as bowed, m a reasonably ddigwt mwner by arty methM, indudng litigation ant the cwnpktiw of any appeals therefrom, it shall have fid1' performed its obligations with respect ro that matter and shall not be 6ahle fa airy bas a damage caused Hereby. (6) h the evem of wy Gtigatiw mchr6ng litigatiw by the Comparry or with the Comparry's consent the Caripwy sha0 have m Gahiiry far loss or damage umil there has been a rnd detaminatlon by a wort of cempmemjuisdmtiw, end disposition of all appeals therdran, adverse ro Me title as foamed. (c) Tbe Canparry shall rot be liable for lass or damage to arty hsured far liability wlwrerily assumed by the inwred in settling any shim a silt Witham the pda wdtten cement of the Company. 10. Reduction of hauranu: Reductive a Termination of Uah1iN. AO paymems uWer tNs policy, except paymems made for costs, at[omeys' fees ant experaes, shat reduce the amowt of the bswance pro ronro. 11 Uability Noncumulative. h is expressly understood that the amowt of bsurwce under this poky shall be reduced by arty amain[ the Comparry may pay tints arty policy inswing a mortgage to which exception is [slew in Schedule B or to which the hawed has agreed, assumed, a takes wbject a which a bereafter exemded by w inured and wNch is a charge or Gen w the estate a interest described or referred ro in Scheduler 0. and the amwnt w paid sha0 be deemed a paymem tints this paltry ro the kweed Desna. 12. Pavmem of Was. (a) No paymem sbe0 be made wmmm producing tNs pobey fa endorsemwt m the paymem umess the policy has peen lost a destroyed, in which cew proof of loss or destruction shat be fuMshed to Ne satisfaction of the Canpwy. (b) Whw 6abifdy ant Ole extern of loss a tlamage has been defidtely faed in accordance with these Cwdwans ant StipWatiora, Uw bas a damage shall be payahb wmdn 30 days thaeatter. 13. Suhrogatiw Upan Payment of Settlemwt. lei The Cwmam's~ti'gh[ of Suhragation. Whenever tbe Canpary shall have settled and pdd a daim under th'a pdiry, all dgM of sWxogatiw shall vest in the Comparry waffected by arty ad of the insured claimam. Tbe Camparry shall be wbrogated ro and be wtitled ro all rights and remedes whbh the inwred clabnam would have had agdmt wy pawn a property b reaped [e the tlaim had this policy nor been issced. H regcested by tlm Camparry, th kaured ddmwt shill trwsfa to the Camparry all dghn and rerne6es against arty parses a property necessary b ceder ro parted this dgM of sWxogatiw. Tbe kaued daknard shaA pani[ the Comparry ro sue, compradse a settle n the reme of tlm irawed dahnam ant ro use Ure name of the insured daimam b arty tranwctian a litigatiw irnohing tbese dghn a remedes. If a paynwm w aceoud of a tlaim does ootfully cover the bas of the inwred claaiwm, the Campwy sha0 be sWxogabd ro tbese dghts and remedies in the proportion which the Company's paymem hears ro the whole amowt of the bss. If loss shodd read[ from any ad of th bowed dabwm, as stated above, that xt shall not void this polcy, hm tlce Camparry, in that evem, shaA be requred to pay only that part of arty losws insured agdnst by this parry wNch shall exceed Uie amoum,'rf arty, bat ro the Comparry by reason of the bepaumem by the btwred claimant of the Comparry's right of whrogatiw. 01 Tbe Comp_am's Righ3 Aaaimt Naniiwred OMB Tbe Camparry's dgM of suhragatxm agahat nathamM ohigors shill exist and shall include, withart limitation, the righn of the famed to in~vmdtles, guarwties, other policies of bsurome or bonds, notwdlaron3ng arty terms a cenNtbns cwtained in tlrose bswmads which provide far w6rogatiw tighn by reasw of this pofiry. 14. Arhitratiw. Unless prohlHted by appiceble law, either the Canparry a the kaured may demand arbitration purswm ro the Title Insurance Arhitraton Rules of the Amedcan Arbitration Assodatiw. AdatreWe matters may include, hm are mt limited ro, any comroverry or claim betwew the Company ant the insured adsing art ma rebting ro this polry, arty wrvice of the Compary in camecGw with its iswance a the brcech of a poliry prodsiw or other ahligatiw.All arbitrable mattes whw the Amoum of Insurance d 57,000,000 a less sha0 be addtra[ed at tlm option of dtha the Company a the framed. AO arbitrable matters when th Amount d barance is m excess of 51,000,000 shall be arbitrated oily wben agreed to by bath the Camparry ant tlce framed. Arbitration pursuam ro this policy ant wder Uie Rules in effect w the date the dawM fa arbitrative is made err, at the option m the insued, the Rules in effect at Dale of PoGry shall be bbdirg upon the parties. The award may iridude attorneys' fees wly if the laws of the sroro in wNch the land iz bcerod pemdt a rout to award at[aney's tees to a prevaSng party. Judgnen[ upw the awed reMaed by the Arhitrata(s) may be emered'm arty ceu[ hawgjuadiction Da:reof. The law of the silos of the land shall apply ro an arhitratmn under Ore Title Insurance Arbitrative Rules. A cepy of the Rules may be ahtabred fran the Company upon request. 15. Uahlity limited to this Policv: Pdiry Bitire Cawed. (a) Th¢ pdiry rogether with all eMasemwts,'d arty, attadied berero by tlw Comparry is tlw entire poicy ant contras between the kaured ant the Compem7. In bterpretag arty provisiw of the poky, Uds paGry sha0 be construed as a while. (b) Arry Galen of bas a damage, wbetber a not based w negligence, ant witidr adws art of the static of the title ro tlm estate or imerest covered bereby a by arty active assertkg such tlaim, shat be restricted ro tliis poky. (c) No amendniem of a eMasemem ro thk paltry can be nude except by a wdtlrg endorsed herein a aaached berero signed by other the President a 1Gce President the Secretary, w Assisrom Seaerory, a validatkig officer a authaieed signatory of fhe Canpwy. 16. Severehlity. In Me evem arty provision of the pdiry'a beld bivabd a wemarceade muter applmahk bw, Me parry sha0 be deemed rat to irvAuk that provision ant all otlrer pravisiws shall remain b fir0 farce and effed. 17. Notices. Where Swt. All rntices required to be given the Cwgarry ant arty srotemem in wilting requred to be tunished the Comparry shall bclude the maiiher of th's pdiry and sha0 be adtressed ro its Fbnre Office: 400 SeceM Avemre South, Mimeapolis, Miuiesota 55401, (6121371-1111. AO.ORT.3 Cover Page 3 of 3 ~'y norm auiux t LTG Policy No. LTFI386S73 Our Order No. Q386873 Schedule A Amount $3,600,000.00 Property Address: 1310 RED BUTTE DRIVE ASPEN CO 81611 1. Policy Date: September 02, 2005 at 5:00 P.M. 2. Name of Insured: AV20 PROPERTIES, LLC, A TEXAS LIMITED LIABILITY COMPANY 3. The estate or interest in the land described or referred to in this Schedule and which is covered by this policy is: A FEE SIMPLE INTEREST AS TO PARCEL A AND AN EASEMENT INTEREST AS TO PARCEL B. 4. Title to the estate or interest covered by this policy at the date hereof is vested in: AV20 PROPERTIES, LLC, A TEXAS LIMITED LIABILITY COMPANY 5. The land referred to in this policy is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION This Policy valid only if Schedule B is attached. Land Title Guarantee Company Representing Old Republic National Title Insurance Company LTG Policy No. LTFI386873 Our Order No. Q386873 LEGAL DESCRIPTION PARCEL A: LOT 2, BLOCK 2, RED BUTTE SUBDIVISION, AS SHOWN ON THE PLAT THEREOF RECORDED IN DITCH BOOK 2A AT PAGE 288 AND FIRST AMENDMENT TO THE PLAT RECORDED IN PLAT BOOK 27 AT PAGE 25 AND SECOND AMENDED PLAT RECORDED IN PLAT BOOK 27 AT PAGE 83. PARCEL B: TOGETHER WITH A UTILITY EASEMENT ACROSS LOT 1, BLOCK 2, RED BUTTE SUBDNISION, RECORDED JUNE 19, 1995 UNDER RECEPTION N0. 382278. COUNTY OF PITKIN, STATE OF COLORADO. ..~, r urm r~vi~ni Our Order No. Q386873 Schedule B ~ LTG Policy No. LTFI386873 ~ This policy does not insure against loss or damage by reason of the following: 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 azea, encroachments, and 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 theretofore or hereafter furnished, imposed by law and not shown by [he public records. 5. TAXES FOR 2005 AND SUBSEQUENT YEARS ONLY, NOT YET DUE AND PAYABLE. 6. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 16, 1889, IN BOOK 55 AT PAGE 5. 7. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, AS CONTAINED IN INSTRUMENT RECORDED SEPTEMBER 23, 1960, IN BOOK 191 AT PAGE 598 AND AS AMENDED IN INSTRUMENT RECORDED JUNE 21, 1979, IN BOOK 371 AT PAGE 116 AND AS AMENDMENT RECORDED AUGUST 15, 1980 IN BOOK 393 AT PAGE 200 AND 202 AND AS AMENDED IN INSTRUMENT RECORDED APRIL 1, 1992 IN BOOK 673 AT PAGE 360. 8. EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE PLAT OF RED BUTTE SUBDIVISION, BLOCK 2, RECORDED IN DITCH BOOK 2A AT PAGE 288 AND FIRST AMENDED PLAT RECORDED AUGUST 15, 1991 IN PLAT BOOK 27 AT PAGE 25 AND SECOND AMENDED PLAT RECORDED DECEMBER 6, 1991 IN PLAT BOOK 27 AT PAGE 83. 9. TERMS, CONDITIONS AND PROVISIONS OF ITEMS N0. 2 AND 3 OF UTILITY EASEMENT RECORDED JUNE 19, 1995 AT RECEPTION NO. 382278. NOTE: APPLIES TO PARCEL B. 10. ANY RIGHTS, INTERESTS OR EASEMENTS IN FAVOR OF THE STATE OF COLORADO, THE UNITED STATES OF AMERICA, OR THE GENERAL PUBLIC, WHICH EXIST OR ARE CLAIMED TO EXIST IN, OVER, UNDER AND/OR ACROSS THE WATERS AND PRESENT AND PAST BED AND BANKS OF THE ROARING FORK RIVER. Our Order No. Q386873 Schedule B LTG Policy No. LTFI386873 11. ENCROACHMENT OF GRAVEL DRIVE AS SHOWN ON IMPROVEMENT SURVEY DATED SEPTEMBER 2005 BY ASPEN SURVEY ENGINEERS, INC. AS JOB N0. 13307B. 12. TERMS, CONDITIONS AND PROVISIONS OF DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR WELL SHARING AGREEMENT RECORDED SEPTEMBER 2, 2005 UNDER RECEPTION N0. 514364 13. TERMS, CONDITIONS AND PROVISIONS OF COVENANTS RECORDED SEPTEMBER 02, 2005 AT RECEPTION N0. 514368. ITEM NOS. 1 THROUGH 3 OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED. ITEM N0. 4 OF THE STANDARD EXCEPTIONS IS DELETED AS TO ANY LIENS RESULTING FROM WORK OR MATERIAL CONTRACTED FOR OR FURNISHED AT THE REQUEST OF KIEFER MENDENHALL AND MARY ELIZABETH MENDENHALL. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF AV20 PROPERTIES, LLC, A TEXAS LIMITED LIABILITY COMPANY. .~, --,, +[~ Determination of No Historic Significance THE CITY OF ASPEN Property Address: 1310 Red Butte Drive, Red Butte Subdivision, Block 2, Lot 2, Aspen Parcel ID Number: 2735-013-03-012 Property Owner: Jerry and Candace Shlief, 1310 Red Butte Drive, Aspen, 713-882-5025 Property Representative: Dan Furth, 948-2332 Issued this 21st day of August, 2007 This certificate is valid until _21st of _August 2012. Pursuant to Aspen Municipal Code Section 26.415.035.A.2, the Community Development Director, Historic Preservation Commission or the City Council may not file a reapplication for designation of the subject property listed above for a period of five years from the issuance date of this certificate. A copy of this certificate is required when applying for any building permit and/or Land Use reviews. ~Yr/ ~~~~ Chris Bendon Community Development Director -. DRAINAGE STUDY CUSTOM RESH)ENCE LOT 2, BLOCK 2, RED BUTTE SUBDIVISION SECTION 1, TIOS, R85W OF THE 6r" P.M. 1310 RED BUTTE DRIVE PITKIN COUNTY, COLORADO February 12, 2008 Project No. 08010 Prepared by LKP Engineering, Inc. 275 Main Street, C-104 P.O. Box 2837, Edwards, CO 81632 Tel: 970-926-9088 -Fax: 970-926-9089 Luiza Petrovska, PE " I hereby affirm that this report and the accompanying plans for the Drainage Study of the Custom Residence at 1310 Red Butte Drive, Aspen, Pitkin County Colorado, was prepazed by me (or under my direct supervision) for the owners thereof in accordance with the provisions of the City of Aspen Storm Drainage Criteria and approved variances are exceptions listed thereto. I understand that it is the policy of the City of Aspen that the City of Aspen does not and will not assume liability for drainage facilities designed by others. I further assert that the developments adhering to designed facilities deatils and specifications will not cause any damages to adjacent and downstream properties." Table of Contents LOCATION SKETCH .............................................................................. ...................DRAWING 1 INTRODUCTION .................................................................................... ...................................... 1 RECORDS RESEARCH .......................................................................... ...................................... 1 DRAINAGE BASIN ................................................................................ ...................................... 2 DRAINAGE DESIGN CRITERIA AND CALCULATIONS ................. ...................................... 2 DRAINAGE STRUCTURES DESIGN ................................................... .................................... 10 MAINTENANCE ...................................................................................... .....................................11 SUMMARY ............................................................................................. .................................... 11 APPENDIX ,~ ' 1 r 44 x, ~ lX~t QXS '~~I~ Si 5l. .x ""~54 Ll -~.. `. 1 . 5 Jl ft ~1 r *1 ^w t ~~~ 4.: ' we ~ ~nm f „ ~ t ,'rye M17TA6i~lil ~ ~~ ~ Vi ~ ~ ~~ ~ ~ f 1~4 x A ~ ~ ~ i ~~, + i.. }S~ .~ ,~~ 1,w ,r art ' j ~ 52 ! 1, .., r4.. `~ M + ~.; i i \ ''; \lI \\ ici S pp , y~ NV ~, ~C"~V Y i ~l _ ~t 4 . . ' ~ `••~ '1~~ I ~~ ~ ~ ~ t ~ ~ t ~ti•~ _ i ~ •~- ~-~ ~t. ~ ~ t - - IF Fa awe z `^- 5' ; . „ ~ ,. ~ pun Calf .-._ I ~~ r ~ E 4 1 ~: .fl i ~ ,{~y !F/_ 1~' Wit- ~I'~~, ...t i r ~ _ ~ ! y 7Cl 5 ti.. If ii !`~~~L~ ~'~4E~ ~ ~ •\ t ~ + '~ i ' ~ ~ , A ,^ Y ~f ~- l, ]' /d,,, alxr7on 4ECK FE° r7.7+1 ~ 1S ~ , r fr ~ ; j ~j _:.r.? ~~LJ1~ ~ t RO G'!f'[ , 1J~" ~ ` . 1 r r', ! ~.~+ . f ~r, .r { t ~,t~.• ~i ~£_7 ? 8s1i c v_~j C~t~ L t f i ~`'r 1 r r >~ ~~~ - t ~i rr ~ CI ~BE[~[3 Qr y. hartcn Valcy-, rt~i x,- C', as 44:.-.. -~ ._ ~ li +l l ~ ' ~.JI ~ ccp o r~ ,*r~--c `•-A9FEn I7 f~1a }/1 ( ~~•.~ st .. . [, ' Y~ '' ~~. ~~-+ `- •~~: it A ~~ ~ ~LT r- , > '~~~ . ~ Y / ~ ti`s- I( 7~a ~ ~ ~ ~ wl 'w } _ 1 - ~ i~~.~f~f,['^~[ {.. nLLLL aaee •~ ~ ~ ~~ p ~ "! . ~ ~~ ~r //~~ ~ ~~_ ~ ~Y ~'~C-i ~ ice" LOCATION SKETCH ~`°D'~10"' cvss»r Rssmsnres oeo~o LKP Engineering, Inc. '~°*: fdfoa< z f~ ~ ~",sy°" ,~ fno faev eune olanE N.T.S - r.a doll usi ea.oa.. m me32 ~srEni, pnav a>twrr. axarrnoo an a f a (ago) ale-9oee rm (am) axe-u~ .~, .,-. DRAINAGE STUDY The site is located on Lot 2, Block 2, Red Butte Subdivision, at 1310 Red Butte Drive, City of Aspen, Pitkin County, Colorado. The site is south from the intersection with Cemetery Lane, on the north side of the road. On the north side of the site is Roaring Fork River. There is an existing residence with a gravel driveway on the site. The topography of the site is relatively flat on the south half. At about 150 feet north from the road, a steep bank drops down to the river. The lot is about 0.781 acres. Plans for the existing and proposed development on the site were provided by Josh Smith, with John Muir Architects, Inc., at 201 Main Street, Suite 304, Carbondale, Colorado. Also a proposed landscaping plan by Alpine Design & Planning, Inc., Landscape Architecture, was e-mailed to us. Based on the above-named plans and photographs, there are no existing detention facilities or drainage structures on the site. The site drainage consists entirely of overland flow to the east, west, south and north, away from the building. The proposed development on the lot will consist of a new, custom residence. There will be two buildings, the main house with a garage and an accessory building, with a courtyard in between. The proposed new landscaping will cover the remainder of the site from the street to the top of the steep bank. RECORDS RESEARCH For the drainage study we used the following resources: 1. A site plan (existing and proposed), and architectural drawings e- mailed by John Muir Architects, Inc. 2. Landscaping Plan by Alpine Design & Planning, Inc., Landscape Architecture. Page -1- DRAINAGE STUDY 3. City of Aspen, Colorado, Design & Construction Standards, pre- publicationversion, June 2005. 4. Soil Survey ofAspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties by the USDA Natural Resources Conservation Service. 5. E-mailed aerial photograph of the site. DRAINAGE BASIN The drainage study is based on the runoff from the lot itself. The lot and the surrounding neighborhood aze in an urban setting and are relatively flat. The existing drainage is toward the river to the north and to the west. No major off-site basins appear to affect the property. The lot is about 0.781 acres in size. On the north side of the lot is Roaring Fork River. To the east and west are existing residences. On the south is Red Butte Drive. The elevation difference from the south property line to the top of the steep (about 70%) bank is about 8 feet. The drainage basin for this study was taken at the property lines. The surface drainage of the proposed development, in general, will follow the drainage pattern of the existing conditions, as shown on the grading- drainage plan, with the exception of the roof runoff and runoff from the court yard which will discharge into dry wells. DRAINABE DESIBN CRITERU AND CALCULATIONS The Rational method, for small watersheds of up to 160 acres, was used for the calculations of this drainage study, as outlined in the Design and Construction Standards for the City of Aspen, pre-publication version, dated June 2005. The storm frequency for the analysis were the 2 and 100- year storm events, chosen based on Table 3.1 from the above-named Page -2- .~, .~, DRAINAGE STUDY Standards, for Single-family Residential Site with 33% or more open space. HISTORIC CONDITIONS: Lot area total: 34020 sf or 0.781 acres Impervious Area (building): 2954 sf Pervious Area: 31066 sf Historic Open Space: 91% According to Table 3.1 Design Storm Frequencies, for aSingle-Family Residential Site with 33% or more Open Space use Initial Storm Return Frequency of 2 years and Major Storm Return Frequency of 100 years. The Rational Method was used to calculate peak flows in basins of less than 160 acres. Lot area to be used in the drainage calculations analysis will be up to the northern line of limit of disturbance = 22490 square feet or 0.516 acres. ~~~ Runoff C efFieieut; f3-~ Ci = 0.95 for Asphalt er8fe, Roof C2 = 0.15 for Lawn, sandy soil with 2% to 7% slope C3 = 0.20 for Lawn, sandy soil with a steep slope, greater than 7% -~ a = 0.50 for gravel = 0.95(2,954) + 0.15(14,425) + 0.20(2,842) + 0.50(2,269)]/22,490 = 0.30 AN ~_~' ~ Time of Concentration, Tc =Velocity Method Tc =Tov + Tt =[1.87(1.1-CCf)/D]/S'" + L/60V Where: Tov =Overland Flow Time of Concentration, minutes Page -3- .~. DRA/NAGE STUDY Tt =Travel Time in the Gutter, Swale, or Storm Sewer, minutes V =flow velocity (feet per second) S =Slope C =Runoff Coefficient (dimensionless) D =Length of Overland Flow, feet Cf=Frequency Adjustment Factor (dimensionless) L =Length of concentrated flow, feet Tci ={1.87[1.1-(0.30)(1)]/120}/4'~3+0/60V=10.3+0=10.3 Tc,Z = 10.3 min use 11 minutes TC100 ={1.87[1.l-(0.30)(1.25)]/120}/4'~'+0/60V=9.36+0 Tc.ioo = 9.36 min use 10 minutes Rainfall Intensity, I: The Time-Intensity-Frequency Curves for the City of Aspen, were used in the calculations. 2-year= 1.7 in/hr Cf= 1.0 100- year = 4.4 in/hr Cf = 1.25 Discharge, Q: The following formula was used to determine the peak discharge: Q = CeCIA Where: Q =Flow, cfs Cr=Storm Frequency Adjustment Factor C =Runoff Coefficient I =Rainfall Intensity inches per hour A =Total Area of Basin in acres Q(,~ (1)(0.30)(1.7)(0.516) = 0.263 cfs 1 ~ ~ ~,~~ Page -4- ~. DRAINAGE STUDY Qx.~oo =(1.25)(0.30)(4.4)(0.516) = 0.851 cfs PROPOSED CONDITIONS: Lot area total: 34020 sf or 0.781 acres Impervious Area: 12,379 sf Pervious Area: 21641 sf Proposed Open Space: 64 According to Table 3.1 Design Storm Frequencies, for aSingle-Family Residential Site with 33% or more Open Space use Initial Storm Return Frequency of 2 years and Major Storm Return Frequency of 100 years. The Rational Method was used to calculate peak flows in basins of less than 160 acres. Lot area to be used in the drainage calculations analysis will be up to the northern line of limit of disturbance = 22490 square feet or 0.516 acres. Runoff Coefficient, C: C, = 0.95 for Asphalt, Concrete, Roof CZ = 0.15 for Lawn, sandy soil with 2% to 7% slope C3 = 0.20 for Lawn, sandy soil with a steep slope, greater than 7% Weighed C =[0.95(12,379) + 0.15(4,905) + 0.20(5,206)]/22,490 = 0.60 C = 0.60 Time of Concentration, Tc =Velocity Method Tc =Tov + Tt =[1.87(1.1-CCf)JD]/S'~' + L/60V Where: Tov =Overland Flow Time of Concentration, minutes Tt =Travel Time in the Gutter, Swale, or Storm Sewer, minutes V =flow velocity (feet per second) S =Slope C =Runoff Coefficient (dimensionless) D =Length of Overland Flow, feet Cf =Frequency Adjustment Factor (dimensionless) L =Length of concentrated flow, feet Page -5- DRAINAGE STUDY TC1 = {1.87[1.1-(0.60)(1)]J50}/6'" + 116/60(2)=3.64+0.97=4.6 Tc.Z = 4.6 min use 5 minutes Tc~~ _ {1.87[1.1-(0.60)(1.25)]J50}/6'" + 116/60(2)=2.55+0.96=3.5 Tc ioo = 3.5 min use 5 minutes Rainfall Intensity, I: The Time-Intensity-Frequency Curves for the City of Aspen, were used in the calculations. 2-year = 2.2 in/hr Cf = 1.0 100- year = 5.7 in/hr Cf = 1.25 Discharge, Q: The following formula was used to determine the peak discharge: Q = CfCIA Where: Q =Flow, cfs Cf=Storm Frequency Adjustment Factor C =Runoff Coefficient I =Rainfall Intensity inches per hour A =Total Area of Basin in acres Qxz =(1)(0.60)(2.2)(0.516) = 0.681 cfs ~ r Z~ 3 Qx.~oo =(1.25)(0.60)(5.7)(0.51 = 2.205 cfs ~~~~,~~ ~oQSU~ DRA/NAGS STUDY STORAGE AND DISCHARGE OPTIONS Historic Peak Runoff Rate (Maximum allowed Pond Release) QHISTORIC.100 ~ CIA = (0.30)(4.4in/hr)(.516 acres) = 0.68 cfs . W~~ TIME (minutes) TIME (seconds) ACCUMULATIVE RUNOFF VOLUME (ft3) 5 300 204 10 600 409 15 900 613 20 1200 817 25 1500 1,022 30 1800 1,226 35 2100 1,430 40 2400 1,635 45 2700 1,839 50 3000 2,043 55 3300 2,248 60 3600 2,452 DRA/NAGS ST(IDY Proposed Peak Runoff Rate (Maximum allowed Pond Release) QPROPoSED.100 ~ Q~ - CA =(0.60)(0.516 acres) = 0.31 TIME (minutes) TIME (seconds) RAINFALL INTENSITY (in/hr) ACCUMULATIVE RUNOFF VOLUME (GA)(I)T (ft') 5 300 5.7 530 10 600 4.4 818 15 900 3.7 1,032 20 1200 3.25 1,209 25 1500 2.85 1,325 30 1800 2.55 1,423 35 2100 2.35 1,530 40 2400 2.20 1,636 45 2700 2.05 1,716 50 3000 1.90 1,767 55 3300 1.75 1,790 60 3600 1.65 1,841 Page -8- .~. ^~, DRAINAGE STUDY Difference between the Accumulative Proposed Runoff and Historic or Accumulative Maximum Allowed Release Rate: TIME (min) TIME (sec) ACCUMULA TIVE RUNOFF VOLUME (R3) ACCUMULA TIVE RELEASE RATE VO/LUME \~) ACCUMULA TIVE DIFFERENCE IN RUNOFF (fr') 5 300 530 204 326 10 600 818 409 409 15 900 1,032 613 419 20 1200 1,209 817 392 25 1500 1,325 1,022 303 30 1800 1,423 1,226 197 35 2100 1,530 1,430 100 40 2400 1,636 1,635 1 45 2700 1,716 1,839 (123) 50 3000 1,767 2,043 (276) 55 3300 1,790 2,248 (458) 60 3600 1,841 2,452 (611) From the above table is apparent that the maximum volume difference of 419 cf occurred at 15 minutes. Page -9- DRAINAGE STUDY DRAINAGE STRUCTURES DESIGN Most of the runoff on this site is from the roof runoff and the courtyard. We recommend two dry wells. One in the middle of the courtyard, that will collect and discharge by percolation the runoff from the courtyard itself and the runoff from the gutters from the accessory building. The second dry well will be located just east of the patio at the northeast comer of the proposed building and it will collect and discharge by percolation the roof runoff from the main building and the garage. DRYWELL VOLUME: V ~ /~ ~R According to the City of Aspen esign and Const Standards, the drywell should have adequate capacity to store a 5-ye rm mnoff and its circumference ou be able to release all storage water as ground water flow i 12 hours. percolation rate of 20 minutes per inch or 3 in/hr was assu on the soil information provided in the subsoil study for the site, information from the Soil Survey of Aspen- Gypsum Area, Colorado, Parts of Eagle, Ga~eld, and Pitkin Counties by the USDA Natural Resources Conservation Service, and from experience with similar soils. The percolation rate must be verified by performing a percolation test at the time of construction. The actual percolation test results, might require modification of the findings and recommendations of this report for the sizing of the drywell. We propose two dry wells, as described above and as shown on the attached drainage plan s ~ Tom/ ~ ,. .,J-~`Ur Aas, umed percolation rate = 20 mpi, for sandy gravel with cobbles, ~yC,~ T `"' /-' boulders and 14 to 21 percent fines, Uracca soil complex with hydrologic ~" ,K~ soil group B. AP = (VR)/(K)(43200) Where: AP =Total Area of the sides of the percolation area, square feet VR =Runoff Volume, cubic feet K =Hydraulic conductivity of soil, feet/second c ~R 1_I ~~ Page-10- r~ DRA/NAGE STUDY Main House with Garage -Dry Well Vg = QP5 (3600) =(0.95*2.8*5678/43560) (3600) = 1260 cf Ap = 1260 /(6.9x 10-Sfps)(43200) = 423 sf A dry well with asix-foot diameter and a minimum depth of 12 feet is required. Accessory Building and Court Yard -Dry Well VR = Qps (3600) =(0.95*2.8*4419/43560) (3600) = 972 cf Ap = 972 /(6.9x 10-Sfps)(43200) = 324 sf A dry well with afive-foot diameter and a minimum depth of 12 feet is required. The combined storage capacity (1260+972) of the two dry wells exceeds the required detention storage of 419 cf. MAINTENANCE A maintenance plan must be set up for the removal of the sediment in the drywell. At least once a year the depth of the sediment deposit must be checked. The best management practice is to try to prevent pollution from entering the storm structures. Screens on the gutters and on the inlet for the drain in the window wells will reduce the amount of sediment entering the dry well. suMMAmr The runoff from the roof gutters and from the drains in the window wells will be collected and diverted into a dry well. The drywell will be six feet in diameter and a minimum of 12 feet deep. The percolation area Page -11- DRAINAGE STUDY of the drywell will be below the bottom of the p posed footing elevation. The bottom of the drywell will be a minimum of o feet abov seasonal ground water table and at least four feet above impervio soil. . 3 1 The study is limited to the information provided and the data available at the time of our study. This report has been prepazed according to locally accepted professional engineering standards at this time. There ~~ ~ is no other warranty either expressed or implied. If you have any questions, please do not hesitate to call. ~~ ~~ Sincerely, LKP Engineering, Inc. Luiza Petrovska, P.E. President Enclosure Page -12- DRAINAGE STUDY APPENDD~ USDA United States Department of Agriculture o ~ RCS Natural Resources Conservation Service A product of the National Cooperative Soil Survey, a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local participants Custom Soil Resource Report for Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties 1310 Red Butte Drive, Aspen, CO .~•, ~ Preface Soil surveys contain information that affects land use planning in survey areas. They highlight soil limitations that affect various land uses and provide information about the properties of the soils in the survey areas. Soil surveys are designed for many different users, including farmers, ranchers, foresters, agronomists, urban planners, community officials, engineers, developers, builders, and home buyers. Also, conservationists, teachers, students, and specialists in recreation, waste disposal, and pollution control can use the surveys to helpthem understand, protect, orenhance the environment. Various land use regulations of Federal, State, and local governments may impose special restrictions on land use or land treatment. Soil surveys identify soil properties that are used in making various land use or land treatment decisions. The information is intended to help the land users identify and reduce the effects of soil limitations on various land uses. The landowner or user is responsible for identifying and complying with existing laws and regulations. Great differences in soil properties can occur within short distances. Some soils are seasonally wet or subject to flooding. Some are too unstable to be used as a foundation for buildings or roads. Clayey or wet soils are poorly suited to use as septic tank absorption fields. A high water table makes a soil poorly suited to basements or underground installations. The National Cooperative Soil Survey is a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local agencies. The Natural Resources Conservation Service (NRCS) has leadership for the Federal part of the National Cooperative Soil Survey. Information about soils is updated periodically. Updated information is available through the NRCS Soil Data Mart Web site or the NRCS Web Soil Survey. The Soil Data Mart is the data storage site for the official soil survey information. The U.S. Department ofAgriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer. Contents Preface ............................................................................................................... .....2 Soil Map ............................................................................................................. .....4 Soil Map (1310 Red Butte Drive, Aspen CO) .................................................. .....5 Legend (1310 Red Butte Drive, Aspen CO) .................................................... .....6 Map Unit Legend (1310 Red Butte Drive, Aspen CO) ..................................... .....7 Map Unit Descriptions (1310 Red Butte Drive, Aspen CO) ............................. .....7 Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties ................................................................................................ .....9 107-Uracca, moist-Mergel complex, 1 to 6 percent slopes, extremely s ......................................................................................................... .....9 120-Water .............................................................................................. ...10 Soil Information for Urban Uses ...................................................................... ...11 Soil Properties and Qualities ........................................................................... ...11 Soil Qualities and Features .......................................................................... ...11 Hydrologic Soil Group (1310 Red Butte Drive, Aspen CO) ...................... ...11 References ......................................................................................................... ...16 3 .-, Soil Ma ^-. The soil map section includes the soil map for the defined area of interest, a list of soil map units on the map and extent of each map unit, and cartographic symbols displayed on the map. Also presented are various metadata about data used to produce the map, and a description of each soil map unit. .~-, .~.. Custom Soil Resource Report Soil Map (1310 Red Butte Drive, Aspen CO) N Metes A o ,o p Feat 0 40 ~ 180 240 --, ,~-,. O U c C a nN d¢ ~ y d .>_ ~O o d d ~ ~m in °' E o O ~ fA ~ U -o C N m J d ~ N °' o N d °1 ~_ rn ° L n A A W ~ N L C O "' O T ~~ O y p 3 C ~ ~~~ Z a $ ~ ~~E Q 1 = (/J Y yC Z 6> D. t y O U ~ 9 W N n` O O~E ~j E L m`c Z >. y V c p m avyN $~ H a i m c~ 2 W U o ~ ~ o m ~ ~ y o ~ d u 9 ~ ° s~ ~ ° ate j ° ~ m LL ° ~ ~ Ab $v °~~ ' ~o ~ o ~ d ~a q N 3 o° 0. ~ E2~m E~ Z a i so,d ~~ s~ ,k ~' C?"o cam'- ° E' m'° ma 01w d c 0 w$ ~' ~ ` °=q Q Ar E'a° 5.. m~ wN o> ~U y w Sa°i°c y >u Z orn° °' Zm Tm rnm xW ~r E wc n ~ c Q ~ m oa r~ ° n ° qmw~ t ~ ~ ~ ` a c c maam °'oc ° m 2 ¢ `° ° Z~ c~~ E ~'Oa o nm 9 yv " c d c. ° d m ~c d ° aw$ tw ~ ' m m m n mEmE . m OS `oE fA3U H£ o ° vl (~~n D ,C FUEO a w c o N U 3 n T 0 ~ y ~ :? F @ n C q '= y m p 0 n X y < O V 5 i ¢° ¢ L` N n IL = ~ N n M N W m N tl C LL~ O ~ ~ > ~ O c O N ~ X' Y U> ; O h' rc ~ ~ h O J W n W q L } C O \( 'I~ F V 6 ; W J a o ` m s < o_ ~ m O .C n ~ O C q n , q 2 3 p p -` n w 'a o 0 a r o O $ m ? g g >, n `~ 0 10W 8 a O E IL O 3 N m LL L O y C O O T L O O N 4 N O u 4 p m W U m C n Y n C B ! m U U (7 O ~ E E ~ d K N !n l~ 41 N N N 8 n c n n e Z ~i G ~ n J ® X i N X ~: ® < ~ "~C OO OO Y t :: I~I 4 ran $ NI O Q M Custom Soil Resource Report ~~ Map Unit Legend (1310 Red Butte Drive, Aspen CO) Aspen-Gypaam Area, Colorado, Parts of Fagk, Garfield, and PIWn Countles (C0656) Map Unlt Symbol Map Unlt Name Acres In AOI Percent oT AOI 107 Uracca, moist-Mengel complex, 1 to 6 percent slopes, extremey s 0.7 92.1% 120 Water 0.1 7.9°~ Totals for Area of Interest (AOI) 0.81 100.0°b Map Unit Descriptions (1310 Red Butte Drive, Aspen CO) The map units delineated on the detailed soil maps in a soil survey represent the soils or miscellaneous areas in the survey area. The map unit descriptions, along with the maps, can be used to determine the composition and properties of a unit. A map unit delineation on a soil map represents an area dominated by one or more major kinds of soil or miscellaneous areas. A map unit is identified and named according to the taxonomic classification of the dominant soils. Within a taxonomic class there are precisely defined limits forthe properties ofthe soils. On the landscape, however, the soils are natural phenomena, and they have the characteristic variability of all natural phenomena. Thus, the range of some observed properties may extend beyond the limits defined for a taxonomic class. Areas of soils of a single taxonomic class rarely, if ever, can be mapped without including areas of other taxonomic classes. Consequently, every map unit is made up of the soils or miscellaneous areas for which it is named and some minor components that belong to taxonomic classes other than those of the major soils. Most minor soils have properties similar to those of the dominant soil or soils in the map unit, and thus they do not affect use and management. These are called noncontrasting, or similar, components. They may or may not be mentioned in a particular map unit description. Other minor components, however, have properties and behavioral characteristics divergent enough to affect use or to require different management. These are called contrasting, or dissimilar, components. They generally are in small areas and could not be mapped separately because of the scale used. Some small areas of strongly contrasting soils or miscellaneous areas are identified by a special symbol on the maps. If included in the database for a given area, the contrasting minor components are identified in the map unit descriptions along with some characteristics of each. A few areas of minor components may not have been observed, and consequently they are not mentioned in the descriptions, especially where the pattern was so complex that itwas impractical to make enough observations to identify all the soils and miscellaneous areas on the landscape. The presence of minor components in a map unit in noway diminishes the usefulness or accuracy of the data. The objective of mapping is not to delineate pure taxonomic Aa ^ Custom Soil Resource Report classes but rather to separate the landscape into landforms or landform segments that have similar use and management requirements. The delineation of such segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, however, onsite investigation is needed to define and locate the soils and miscellaneous areas. An identifying symbol precedes the map unit name in the map unit descriptions. Each description includes general facts about the unit and gives important soil properties and qualities. Soils that have profiles that are almost alike make up a soil series. Except for differences in texture of the surface layer, all the soils of a series have major horizons that are similar in composition, thickness, and arrangement. Soils of one series can differ in texture of the surface layer, slope, stoniness, salinity, degree of erosion, and other characteristics that affect their use. On the basis of such differences, a soil series is divided into soil phases. Most of the areas shown on the detailed soil maps are phases of soil series. The name of a soil phase commonly indicates a feature that affects use or management. For example, Alpha silt loam, 0 to 2 percent slopes, is a phase of the Alpha series. Some map units are made up of two or more major soils or miscellaneous areas. These map units are complexes, associations, or undifferentiated groups. A complex consists of two or more soils or miscellaneous areas in such an intricate pattern or in such small areas that they cannot be shown separately on the maps. The pattern and proportion of the soils or miscellaneous areas are somewhat similar in all areas. Alpha-Beta complex, 0 to 6 percent slopes, is an example. An association is made up of two or more geographically associated soils or miscellaneous areas that are shown as one unit on the maps. Because of present or anticipated uses of the map units in the survey area, it was not considered practical or necessary to map the soils or miscellaneous areas separately. The pattern and relative proportion of the soils or miscellaneous areas are somewhat similar. Alpha- Beta association, 0 to 2 percent slopes, is an example. An undifferentiated group is made up of two or more soils or miscellaneous areas that could be mapped individually but are mapped as one unit because similar interpretations can be made for use and management. The pattern and proportion of the soils or miscellaneous areas in a mapped area are not uniform. An area can be made up of only one of the major soils or miscellaneous areas, or it can be made up of all of them. Alpha and Beta soils, 0 to 2 percent slopes, is an example. Some surveys include miscellaneous areas. Such areas have little or no soil material and support little or no vegetation. Rock outcrop is an example. Custom Soil Resource Report Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties 107-Uracca, moist-Mergel complex, 1 to 6 percent slopes, extremely s Map Unit Setting Elevation: 6,800 to 8,400 feet Mean annual precipitation: 16 to 19 inches Mean annual air temperature: 40 to 43 degrees F Frost-free period: 75 to 95 days Map Unit Composition Uracca, moist and similar soils: 50 percent Mergel and similar soils: 40 percent Description of Uracca, Moist Setting Landform: Structural benches, valley sides, alluvial fans Down-slope shape: Linear Across-slope shape: Linear Parentmaterial: Mixed alluvium derived from igneous and metamorphic rock Properties and qualities Slope: 1 to 6 percent Depth fo restrictive feature: More than 80 inches Drainage class: Well drained Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.20 to 2.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 10 percent Available water capacity: Very low (about 2.6 inches) Interpretive groups Land capability classification (irrigated): 6s Land capability (nonirrigated): 6s Ecological site: Stony Loam (R048AY237C0) Other vegetative classification: Stony Loam (null_82) Typical profile 0 to 8 inches: Cobbly sandy loam 8 to 15 inches: Very Cobbly sandy clay loam 15 to 60 inches: Extremely Cobbly loamy sand Description of Mergel Setting Landform: Alluvial fans, structural benches, valley sides Down-slope shape: Linear Across-slope shape: Linear Parent material: Glacial outwash ,~.. Custom Soil Resource Report ,,.. Properties and qualities Slope: 1 to 6 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.60 to 6.00 in/hr) Depth to water table: More than 80 inches Frequency of Flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 10 percent Available water capacity: Low (about 3.3 inches) Interpretive groups Land capability classification (irrigated): 4s Land capability (nonirrigated): 4s Ecological site: Stony Loam (R048AY237C0) Other vegetative classification: Stony loam (null_82) Typical profile 0 to 8 inches: Cobbly loam 8 to 20 inches: Very Cobbly sandy loam 20 to 60 inches: Extremely stony sandy loam 720-Water Map Unit Composition Water: 95 percent Minor components: 5percent Minor Components Aquolls Percent of map unit: 5 percent Landform: Marshes Down-slope shape: Linear Across-slope shape: Linear 10 ~~ Soil Information for Urban Uses Soil Properties and Qualities The Soil Properties and Qualities section includes various soil properties and qualities displayed as thematic maps with a summary table for the soil map units in the selected area of interest. A single value or rating for each map unit is generated by aggregating the interpretive ratings of individual map unit components. This aggregation process is defined for each property or quality. Soil Qualities and Features Soil qualities are behavior and performance attributes that are not directly measured, but are inferred from observations of dynamic conditions and from soil properties. Example soil qualities include natural drainage, and frost action. Soil features are attributes that are not directly part of the soil. Example soil features include slope and depth to restrictive layer. These features can greatly impact the use and management of the soil. Hydrologic Soil Group (1310 Red Butte Drive, Aspen CO) Hydrologic soil groups are based f runoff potential. Soils are assigned to one of four groups according to the rate of water infiltration when the soils are not protected by vegetation, are thoroughly wet, and receive precipitation from long- duration storms. The soils in the United States are assigned to four groups (A, B, C, and D) and three dual classes (A/D, B/D, and C/D). The groups are defined as follows: Group A. Soils having a high infiltration rate (low runoff potential) when thoroughly wet. These consist mainly of deep, well drained to excessively drained sands or gravelly sands. These soils have a high rate of water transmission. Group B. Soils having a moderate infiltration rate when thoroughly wet. These consist chiefly of moderately deep or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. estim o 11 r Custom Soil Resource Report Group C. Soils having a slow infiltration rate when thoroughly wet. These consist chiefly of soils having a layer that impedes the downward movement of water or soils of moderately fine texture or fine texture. These soils have a slow rate of water transmission. Group D. Soils having a very slow infiltration rate (high runoff potential) when thoroughly wet. These consist chiefly of clays that have a high shrink-swell potential, soils that have a high water table, soils that have a claypan or clay layer at or near the surface, and soils that are shallow over nearly impervious material. These soils have a very slow rate of water transmission. If a soil is assigned to a dual hydrologic group (A/D, B/D, or C/D), the first letter is for drained areas and the second is for undrained areas. Only the soils that in their natural condition are in group D are assigned to dual classes. 12 -~.. Custom Soil Resource Report Map-Hydrologic Soil Group (1310 Red Butte Drive, Aspen CO) N Metes A 6 ,6 p Feel 0 40 BD 160 ?AO n .-, U C d n m Q C ~ ~a~ dm ~v U ~ ~ O O ~ m a~ N ~_ ~ a 'o ~ ~ o E ~ p 'o N (n U 0 0 v x a c d m m J d ~ s d n m rn o ~p ~p C c t n > =~ W phi m o ~- ~`o ~ o m o 3 a _ c ~~ .°G d N a ~ ~ c~ C ~ a _ o, E ~Z`w ~~ '2 c `-gym Z nip a~ v a °i, u°~ao m~ E m e y c m W w" ~ g 2i. U ££= Q aE `° c z Z V °o v ~ o n~o U ^ N ~ t ~'k We ~ E ~ ~' mar' ~ d a '~ °~'~c t~ ~ m N LL on m° ~ a ~w ~~~ y,~o S 3 r a t Eamn Z N m a ~~ N °~ ~ m 0 n N W E T y C N ~ L~ 9 +' yCy ~ '~ p~1 a O m W a 6 y ~{'. 7 N~ 6 O; 3 N nt.. m Q E a°~ m~ ~ =+ ~ U y r °v c c ~ y a v c Z 7 E c N c rn ° a° m mm~w W°~i. mm dap E av~° Nm~ ~°m ~a Q~W m tcna O O- m _ (n d > C T m y Ny d 6 W N O)ad °~OC O~ Z94 N td2.° 'rn~~n odo m~ to ,E~ y on~m y d E m E OSoE f°~U F~ yl7 f'n ~ H$E`o a a ¢ K ~ o O Z W W J m a m ~ ° W ~ s .. o m ~ = _ ~ W m j o m ~ = m ; ~ n a @ u u ~ a g u ~ pp p m ~° m "m_ m m y my m » C rc m S¢ m° ~¢ d m m v v^ z° u~ v ~ ~ d y a z E~ w m C~ m e o m o~ m c m a 3 ~ J,.. Custom Soil Resource Report Table-Hydrologic Soil Group (1310 Red Butte Drive, Aspen CO) Hydrologic Soil Group-Summary by Map Unit-ASpenGypsum Area, Colorado, Parts of Eagle, Garfleid, and Peskin Countlea Map unk symbol Map unit name Rating Acres In AOI Percerd o} AOI 107 Uracca, moist-Mergel complex, 1 to 6 percent slopes, exVemely s B 0.7 92.1°k 120 Water 0.1 7.9°k Totals for Area of Interest (AOI) 0.81 100.0% Rating Options-Hydrologic Soil Group (1310 Red Butte Drive, Aspen CO) Aggregation Method: Dominant Condition Component Peroent Cutoff.' None Specitted Tie-break Rule: Lower 15 References American Association of State Highway and Transportation Officials (AASHTO). 2004. Standard specifications for transportation materials and methods of sampling and testing. 24th edition. American Society for Testing and Materials (ASTM). 2005. Standard classification of soils for engineering purposes. ASTM Standard D2487-00. Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of wetlands and deep-water habitats of the United States. U.S. Fish and Wildlife Service FWS/OBS-79/31. Federal Register. July 13, 1994. Changes in hydric soils of the United States. Federal Register. September 18, 2002. Hydric soils of the United States. Hurt, G.W., and L.M. Vasilas, editors. Version 6.0, 2006. Field indicators of hydric soils in the United States. National Research Council. 1995. Wetlands: Characteristics and boundaries. Soil Survey Division Staff. 1993. Soil survey manual. Soil Conservation Service. U.S. Department of Agriculture Handbook 18. http://soils.usda.gov/ Soil Survey Staff. 1999. Soil taxonomy: A basic system of soil classification for making and interpreting soil surveys. 2nd edition. Natural Resources Conservation Service, U.S. Department of Agriculture Handbook 436. http://soils.usda.gov/ Soil Survey Staff. 2006. Keys to soil taxonomy. 10th edition. U.S. Department of Agriculture, Natural Resources Conservation Service. http://soils.usda.gov/ Tiner, R.W., Jr. 1985. Wetlands of Delaware. U.S. Fish and Wildlife Service and Delaware Department of Natural Resources and Environmental Control, Wetlands Section. United States Army Corps of Engineers, Environmental Laboratory. 1987. Corps of Engineers wetlands delineation manual. Watervvays Experiment Station Technical Report Y-87-1. United States Department of Agriculture, Natural Resources Conservation Service. National forestry manual. http://soils.usda.gov/ United States Department of Agriculture, Natural Resources Conservation Service. National range and pasture handbook. http://www.glti.nres.usda.gov/ United States Department of Agriculture, Natural Resources Conservation Service. National soil survey handbook, title 430-VI. http:/Isoils.usda.gov/ United States Department of Agriculture, Natural Resources Conservation Service. 2006. Land resource regions and major land resource areas of the United States, the Caribbean, and the Pacific Basin. U.S. Department of Agriculture Handbook 296. http://soils. usda.gov/ 16 ..,. f.. Custom Soil Resource Report United States Department of Agriculture, Soil Conservation Service. 1961. Land capability classification. U.S. Department of Agriculture Handbook 210. 17 EXHIBIT A Chapter 26.435 DEVELOPMENT IN ENVIRONMENTALLY SENSITIVE AREAS (ESA) Sec. 26.435.010. Purpose. B. Stream margins. Areas located within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams or within the one- hundred-year floodplain where it extends one hundred (100) feet from the high water line of the Roaring Fork River and its tributary streams or within a Flood Hazard Area (stream margin). Development in these areas shall be subject to heightened review so as to reduce and prevent property Ions by flood while ensuring the natural and unimpeded flow of watercourses. Review shall encourage development and land uses that preserve and protect existing watercourses as important natural features. Sec. 26.435.020. Authority. Following the receipt of a recommendation from the Community Development Department, the Planning and Zoning Commission, in accordance with the procedures, standards and limitations of this Chapter, shall by resolution approve, approve with conditions or disapprove a development application for development in an environmentally sensitive area (ESA), with the exception of development within a stream margin of the Roaring Fork River. Development within this stream margin of the Roaring Fork River shall be reviewed by the community development director. The Community Development Director, in accordance with the procedures, standards and limitations of this Chapter, shall approve, approve with conditions or disapprove an application for development in the stream margin. The Community Development Director, in accordance with the procedures, standards and limitations of this Chapter, shall approve, approve with conditions or disapprove a development application for exempt development in an environmentally sensitive area (ESA). (Ord. No. 45- 2001, § 1) Sec. 26.435.040. Stream margin review. A. Applicability. The provisions of the stream margin review shall apply to all development within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams and to all development within the Flood Hazard Area, also known as the 100-year flood plain. B. Exemptions. The Community Development Director may exempt the following types of development within the stream margin review area: .-, 1. Construction of pedestrian or automobile bridges, public trails or structures for irrigation, drainage, flood control or water diversion, bank stabilization, provided plans and specifications are submitted to the City engineer demonstrating that the structure is engineered to prevent blockage of drainage channels during peak flows and the Community Development Director determines the proposed structure complies, to the extent practical, with the stream margin review standards. 2. Construction of improvements essential for public health and safety which cannot be reasonably accommodated outside of the "no development area" prescribed by this Section including, but not limited to, potable water systems, sanitary sewer, utilities and fire suppression systems provided the Community Development Director determines the development complies, to the extent practical, with the stream margin review standards. 3. The expansion, remodeling or reconstruction of an existing development provided the following standards are met: The development does not add more than ten percent (10%) to the floor area of the existing structure or increase the amount of building area exempt from floor area calculations by more than twenty-five percent (25%). All stream margin exemptions are cumulative. Once a development reaches these totals, a stream margin review by the Planning and Zoning Commission is required; and The development does not require the removal of any tree for which a permit would be required pursuant to Chapter 13.20 of this Code. a. The development is located such that no portion of the expansion, remodeling or reconstruction will be any closer to the high water line than is the existing development; b. The development does not fall outside of an approved building envelope if one has been designated through a prior review; and c. The expansion, remodeling or reconstruction will cause no increase to the amount of ground coverage of structures within the 100-year flood plan. C. Stream margin review standards. No development shall be permitted within the stream margin of the Roaring Fork River unless the Community Development Director makes a determination that the proposed development complies with all requirements set forth below: 1. It can be demonstrated that any proposed development which is in the Special Flood Hazard Area will not increase the base flood elevation on the parcel proposed for development. This shall be demonstrated by an engineering study prepared by a professional engineer registered to practice in the State which shows that the base flood elevation will not be raised, including, but not limited to, proposing mitigation techniques on or off-site which compensate for any base flood elevation increase caused by the development; and Sta(1 Finding. 2. The recommendations of the Aspen Area Community Plan: Parks/Recreation/Open Space/Trails Plan and the Roaring Fork River Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable. Areas of historic public use or access shall be dedicated via a recorded easement for public use. A fisherman's easement granting public fishing access within the high water boundaries of the river course shall be granted via a recorded "Fisherman's Easement;" and Sta Finding: 3. There is no vegetation removed or damaged or slope grade changes (cut or fill) made outside of a specifically defined building envelope. A building envelope shall be designated by this review and said envelope shall be designated by this review and said envelope shall be recorded on a plat pursuant to Subsection 26.435.040.F.1;and Staff Finding 4. The proposed development does not pollute or interfere with the natural changes of the river, stream or other tributary, including erosion and/or sedimentation during construction. Increased on-site drainage shall be accommodated within the parcel to prevent entry into the river or onto its banks. Pools or hot tubs cannot be drained outside of the designated building envelope; and Staff Finding,; 5. Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of a water course and a copy of said notice is submitted to the Federal Emergency Management Agency; and Sta Finding. 6. A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished; and Staff Finding 7. Copies are provided of all necessary federal and state permits relating to work within the 100-year flood plain; and Staff Finding 8. There is no development other than approved native vegetation planting taking place below the top of slope or within fifteen (15) feet of the top of slope or the high waterline, whichever is most restrictive. This is an effort to protect the existing riparian vegetation and bank stability. New plantings (including trees, shrubs, flowers and grasses) outside of the designated building envelope on the river side shall be native riparian vegetation as approved by the City. A landscape plan will be submitted with all development applications. The top of slope and 100-year flood plain elevation of the Roaring Fork River shall be determined by the Stream Margin Map located in the Community Development Department and filed at the City Engineering Department; and Staff Finding 9. All development outside the fifteen (15) foot setback from the top of slope does not exceed a height delineated by a line drawn at a forty-five (45) degree angle from ground level at the top of slope. Height shall be measured and determined by the Community Development Director using the definition for height set forth at Section 26.04.100 and method of calculating height set forth at Section 26.575.020 as shown in Figure "A"; -,. Staff Finding 10. All exterior lighting is low and downcast with no light(s) directed toward the river or located down the slope and shall be in compliance with Section 26.575.150. A lighting plan will be submitted with all development applications; and Sla Finding 11. There has been accurate identification of wetlands and riparian zones. Staff Finding E. Special review. An application requesting a variance from the stream margin review standards or an appeal of the Stream Margin Map's top of slope determination, shall be processed as a special review in accordance with common development review procedure set forth in Chapter 26.304. The special review shall be considered at a public hearing for which notice has been published, posted and mailed, pursuant to Subsection 26.304.060.E.3 Paragraphs a, b and c. Review is by the Planning and Zoning Commission. A special review from the stream margin review determination may be approved, approved with conditions or denied based on conformance with the following review criteria: l . An authorized survey from a Colorado professionally licensed surveyor shows a different determination in regards to the top of slope and 100-year flood plain than the Stream Margin Map located in the Community Development Department and filed in the City Engineering Department; and 2. The proposed development meets the stream margin review standard(s) upon which the Community Development Director had based the finding of denial. F. Building permit submittal requirements. Prior to receiving a building permit for a property within the stream margin review area, the following must be submitted: 1. The applicant shall record a site improvement plat with topography prepared by a Colorado licensed professional surveyor showing the building envelope determined by the Community Development Director based on the Stream Margin Review Map located in the Community Development Department. 2. Site sections drawn by a registered architect, landscape architect or engineer shall be submitted showing all existing and proposed site elements, the top of slope and pertinent elevations above sea level. 3. The building envelope shall be barricaded prior to issuance of any demolition, excavation or building permits. The barricades shall remain in place until the issuance of certificates of occupancy. (Ord. No. 45-2001, § 3; Ord. No. 52-2003, § 13) Editor's note-0rd. No. 45-2001, ¢ 2, repealed former § 26.435.040, pertaining to Stream Margin Review and Ord. No. 45-2001, ¢ 3, enacted a new ¢ 26.435.040 as herein setout. Former § 26.435.040 was derived from Ord. No. 47-1999, ¢ 3; Ord. No. 52-2003, § 13. .-, ~, PUBLIC NOTICE RE: 1310 RED BUTTE DRIVE, STREAM MARGIN REVIEW -- PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public heazing will be held on Tuesday, Mazch 18, 2008, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, City Hall, 130 S. Galena St., Aspen, to review an application for Stream Margin Review. The purpose of the Stream margin Review is to consider the construction of a new single family dwelling in relationship to an environmentally sensitive area. The subject property is legally described as Lot 2, Block 2 Red Butte Subdivision, as shown on the plat thereof recorded in ditch book 2A at page 288 and first amendment to the plat recorded in plat book 27 at page 25 and second amended plat recorded in plat book 27 at page 83, of the City of Aspen, commonly known as 1310 Red Butte Drive. For further information, contact Jason Lasser at the City of Aspen Community Development Dept., 130 S. Galena St., Aspen, CO (970) 429-2763, (or jasonlnci~aspen.co.us). s/Dylan Johns, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on March 2 , 2008 City of Aspen Account ~~ ,~ ~'11~1 is ~~ ~~ ~e~.i N~~i~ ~ .~ ~ ~{ p~,rc c ~ a,Ny~ f I 0 / ~ Teo ~ ~ / ~7 ~ 2 ~ r ~ ~ Y~ ~ ~~ ~ a~., - ~l !f I D~ W ~~ S ~ I J ..... w (F G Descriution of nronosal-1310 Red Butte Drive ' Proposed development to include demolition of existing single family structure to be re- placedwith new single family residenpe. , Stream margin review standards: 1. N/A- Existing and proposed development is not located within the flood hazard area/ 100 year flood plain. r ' 2. Recommendations of said agencies will be implemented to the greatest extent practica- ble. 3. Area outside of the designated building envelope will remain undisturbed. Envelope will be bamcaded per the stated requirements. 4. Proposed development will not pollute or interfere with the natural changes of tJle river, stream, or other tributaries, including erosion and/or sedimentation during construction. 'Any on-site drainage issues will be addressed per's grading and erosion control plan pro- vided at time of building permit submittal,. all drainage will be accommodated within the parcel, no drainage will be allowed into the river oz onto its banks. Pools and hot tubs will no be drained outside of the building envelope. 5. NIA- water course will not be altered or relocated. 6. N/A- see'item five above. 7. N/A- no work will take place within the 100 year flood plain. ~ ' 8. Only native vegetation will occur within 15'-0" of the top of bank, see included land- scapeplan. 9., Development outside of 1~'-0"~setback from top of bank occurs within the 45 degree plane as described, see included site section. A landscape plan is included for review which follows stated guidelines. 11. All exterior lighting will be in compliance with section 26.575.150, see included exterior lighting plan. l~ See included site sections and elevations. 13. Idenfificafion of wetlands and riparian zones are noted on landscape plan. Pronosed construction techniques: Typical residential conshuction methods. Soil to be laid back on site, excess to be trucked , out if required. Soil stabilization implemented if required. ZOt Min Sitcel Carbondale, SLih: 304, CabnAo 81623 ~ Phone: (970) 704-9790 Fau: (970) 704-0287 B-MaIl: j~pria.nG ' ~ ~ +.. uzoog sa!;i~ .calstS 0£~ I ~ ql6 ~n~f ~OAIIJ.ddL~i OHQ 30 ~.LVQ •eal~ an!;-saaS ~Qe;aawaol!nug ae n- awoq ,ft!we3 at~a-s a dotanap o; aKlt ptnons;aeagdd~ aq,L n~a!nag m aeyq wear;S - sea.~~ an!;!saaS Qe;aawaor-nad a-;aaw otanaQ - an!iQ a;;ng pag Oi£i - nsa!nag ~gQ :dg LOOZ `8Z iaquzaaaQ :g,I,~Q 6£b5'OZ6-Xe3 £9LZ'6Zb-auogd I I9I8 O~ `uadsd `.•1S eualeiJ 'S 0£ I `luauz!.redaQ IuamdolanaQ ~tunuiuio~ iasseZuosef ~L~I02I3 ~mKaed ........... H ao!;e;rodsaer•L ........... u aagod ........... H to;ea-proo,7 as;ses!Q ,f;-~ :p ,f;ano0 ••••••••••• ~ Sa!aaetd ,~uno0 ant;!d ........... Ai ~aag3O ao!;enaasard a!.~o;s!g ........... ~ ;aaw;ledaQ s;aa.-;S ........... ~ .fauaou~ ,S;!~ ........... H au;aatd ssor,~ ,flog ........... ~ . s~~oM a9gnd / sal;!INIl ........... ~ 9;leag to;aawaoa!na ,Q ........... u ;aaw;aedaQ ~a-ptmg ........... ~ ;au;s!Q ao!;e;!aes pa;epgosno0 aadsd ••••••••••• ,I IegsaeyQ ar-3 uads~ ........... u ;aaw;~edaQ sued ........... ~ ;aaw;redaQ ~u!snog ••••••••••• ~ aaa330 ~a!aoZ ........... ~ ~aam~ad ,~!,~ ........... ~ :mota933o-paxaaga sluauiuedap asogl o~ pa;noi aiam sueld ~O.L lanau~xow~~ .,. ~. .. .,., 1310 Red Butte Drive Parks Department Requirements There must be a detailed plan submitted for stream margin protection. The detailed plan shall identify; Location of silt fencing? How will it be supported? How will this fencing "protect residual run-off and erosion"? A native vegetation protection fencing system shall be installed at the edge of the demolition envelope. There will be no storage of construction materials, backfill, tools or construction traffic outside of the protective fence. This fence must be inspected by the city forester or his/her designee (920-5120) before any construction activities are to commence. 2. A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees on site. This fence must be inspected by the city forester or his/her designee (920-5120) before any construction activities are to commence. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree on site. There should be a location and standard for this fencing denoted on the plan. 3. The Parks Department is concerned about the lack of spacing for several proposed Blue Spruce Trees. New locations and planting plan should be designed to reflect appropriate spacing away from the new structure, existing vegetation and each individual plant species. 4. Amore detailed landscape plan will need to be submitted for approval. The plan shall include the fully proposed seed mix with proposed lbs per acreage. The seed mix should include a riparian seed mix that includes an herbaceous understory and one that is consistent with the Roaring Fork River Corridor. The plan should also include a detailed legend of all the proposed deciduous plantings located within the 15' setback. 5. Parks recommends against flowering crab apples, no fruit producing crab should be used to minimize wildlife conflicts. 6. All new irrigation with in the 15' setback will need to be hand dug preventing the cutting of roots. The same is true for the installation of any proposed landscaping. The proposed new grading within the 15' setback is not appropriate and is not acceptable to the parks department approvals. Grade changes can be made in a manner that does not damage the existing root zones of the riparian trees. 8. Parks recommends saving the existing blue spruce located west of the current driveway. There is some value to the preservation of existing mature vegetation. .-. ~. DRC Comments 1310 Red Butte Drive January 9, 2008 ACSD Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. On-site utility plans require approval by ACSD. Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements and before any and all soil stabilization measures are attempted, and before the district will approve ademolition/access-infrastructure/excavation-foundation permit. Below grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. All ACSD fees must be paid prior to the issuance of ademolition/access-infrastructure/excavation foundation permit. Peg in our office can develop an estimate for this project once detailed plans have been made available to the district. Where additional development would produce flows that would exceed the planned reserve capacity of the existing system (collection system and or treatment system) an additional proportionate fee will be assessed to eliminate the downstream collection system or treatment capacity constraint. Additional proportionate fees would be collected over time from all development in the area of concern in order to fund the improvements needed. Where additional development would produce flows that would overwhelm the planned capacity of the existing collection system and or treatment facility, the development will be assessed fees to cover the costs of replacing the entire portion of the system that would be overwhelmed. The District would fund the costs of constructing reserve capacity in the area of concern (only for the material cost difference for larger line). The Applicant will have to pay 40% of the estimated tap fees for the anticipated building stubouts prior to building permit. The glycol heating and snow melt system must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. ,-.. ~ Page 1 of 2 Jason Lasser From: Todd Grange Sent: Wednesday, January 09, 2008 3:15 PM To: Jason Lasser Subject: reply from DRC today @ 1:30 - 1310 Red Butte 1. Need demo architectural plan to show existing FAR, bedroom and parking. 2. Lot size and lot area -should show on improvement survey with shading and have key. Math needs to be shown. 3. No grading in stream margin setback. Path 4. Show the appropriate roof heights/points in relation to the required 45 degree from the 15 foot required stream margin review requirements. 5. Roof plan with all height marked over topo map. 6. Lighting plan to comply with lighting standards for fully shielded lighting and prohibitions of light directed toward the roaring fork river. 7. Garage appears to violate the 24" max size of garage entrance in design review standards 8. covered porches count on ground levels as exempt. At entry exempt. At back or riverside at ground level exempt but where the are a covered decks they count as 15% Todd Grange, Zoning Officer Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 Phone: (970)429-2767 Fax: (970)920-5439 www.aspenpitkin.com From: Jason Lasser Sent: Wednesday, January 09, 2008 11:15 AM To: Development_Review_Committee Subject: DRC today @ 1:30 - 1310 Red Butte A reminder for those with Packets: -Engineering -Zoning -Parks -Building -Holy Cross Thanks! See you then- Jason Lasser City of Aspen (Special Projects Planner Community Development Department 130 S. Galena St. ~ Aspen, CO 81611 970.429.2763 ~ www.aspenpitkin com 1/17/2008 •-~ ,-. Date: 1/14/08 Project: 1310 Red Butte Dr City of Aspen Engineering Department DRC Comments These comments are not intended to be exclusive, but an initial response to the project packet submitted for purpose of the DRC meeting. Transportation Driveways -Specify all driveway locations and widths. Standards depend on zoning district. Parking Lots -Specify turning radius, markings, and handicap locations. Streets - If the longitudinal edge of a street patch falls within the existing wheel tracks, the patch shall extend to the full width of the lane. A minimum patch dimension shall be two feet. A signing and pavement marking plan must be submitted as part of the design documents. Traffic - A traffic study shall be conducted as needed to detennine impacts of new development. Drainaee General -Project packet must include a discussion of anticipated and proposed drainage patterns, detention storage and outlet concepts. Floodplain -Where applicable, 100-yr floodplain and floodway boundaries shall be defined. Storm Sewer System -Project drainage requirements may include construction of new storm sewer line, minimum lateral 15" RCP and mainline 18" RCP to connect to existing storm sewer system. A Stormwater System Development Fee shall be assessed against all properties at the time of development or redevelopment of the property. The fee shall be assessed against the total impervious area of the development, not simply the increased impervious area. Detention as required by code. Drywells -Minimum ] 0' deep and 10' from property line and foundation. Percolation tests must show that the soil will drain the 5-yr runoff volume in 36 hours. Seasonal high groundwater level must be 2' below the bottom of the dry well. Pedestrian Improvements General - In accordance with the City's Sidewalk, Curb and Gutter Master Plan, property owners are required to install and maintain sidewalk, curb and gutter along the street frontage adjacent to their properties. Properties within certain areas of the City are not required to install sidewalk, curb and gutter. These locations are shown on the "Sidewalk Free Zones" and the "No Curb and Gutter Zones" maps dated February 22, 2002. These maps are kept in the City Engineering Department. Sidewalks -Project depicts ALL sidewalk locations and widths. Sidewalk width is based on the land use. Residential: 5' High density and multi-family areas: 6' Commercial areas 8'. Warning Pads -detectable warning pads shall be installed at all curb ramps. Curb ramps shall be directional and not diagonal. ,-, --• Pedestrian Study - A neighborhood safety/pedestrian study shall be completed as deemed necessary by City Engineer. Construction Management General - A construction management plan must be submitted in conjunction with the building permit application. The plan must include a planned sequence of construction that minimizes construction impacts to the public. The plan shall describe mitigation for: parking, staging/encroachments, truck traffic, noise, dust, and erosion/sediment pollution. Miscellaneous Utilities -All above ground structures shall be located outside the public rights-of--way. Sight Distances -Project shall comply with proper sight distances at intersections/driveways. Detailed plans are required prior to council -please see engineering department for specific details. Additional Proiect Specific Comments Stormwater -Nothing can drain to river due to the steep slopes and environmental sensitive areas. Is one drywell enough to accommodate all flow? The area has a very high amount of impervious. Excavation -Can the basement be stabilized without going outside of the building envelope? Setback -From municipal code 26.435.040 C3 No vegetation can be removed/damaged and no grading can occur within the building envelope.~- Driveway -There might site distance issues Permits - A permanent encroachment would be necessary to have any landscaping in the ROW. Also ROW permit necessary to hook-up to sanitary sewer if in the roadway. .~. s~ .. ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OFPROPERTY: ~ 3IO ~,Qp~ ~J(~2 ~YW`~" // ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: ~N.2SOiR</ ~YIMCh ~O ~' H'~~N.200 S~ STATE OF COLORADO ) ss. County of Pitkin ) 1 ~r~f~ EZ~ ~CO ~C~ (name, please print) , being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E)/of the Aspen Land Use Code in the following manner: / Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) _ days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public heazing. ~4 copy of the owners and governmerstal agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (IS) days prior to the public hearing on such amendments. Signat e The foregoing "Affidavit ofNotice" was acknowledged before me this 3 day bf~l~ ~ ['1 > 200 ~, by EZ-fit o ~ Pueuc NoT~aE RE: 1310 RED BU?7c' IVE. STREAM MARGIN REVIEW - URLIC HEARING unncF IR HFRERV GIVEN Thal a publi Reoom, wan re- of yDylan Johns. Chair Aspen Planning antl Zoning Commission Publishetl In the Aspen Times Weekly on March 2. 2008.(1216]5]) WITNESS MY HAND AND,O~F/FILIAL SEAL Myc^o/m'~missionexpires: Up ~)0 ~c~0~ (~ ~l~Ld-4 ~' D.v(/1 Notary Public .2, me (~ ~O'•Ot.,4UlZ4 ATTACHMENTS: 1y',/It\7/,(/^~ ,,:, ~1EYER COPY OFTHE PUBL/CATION I`r~ t/~/nR~~t~.~i rl PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL V W 1NLY10 A `- ' {~- C `~ m .a{ N '~ ~ h ~ F O y ~ Y. ~~ H y NU (,Yn,1~ O .~. N V h ~ yy ~ R O 2 ~~ ~~ Q NV '~t~ 47 ~~ iU N N N W m tv m .. m Pus~ic NoT~cE r DATE ME ~~QPC~.__ C{~`Y- HALL, !3U 5. GAt~1`lA 'PLACE 5 I5~.~1~_~QL`~_ F~ e ~~~~ ~,:. ~~~ ~~ P U R P O S E S~F~M M~ V~~tJ ~~ 6-dsR FIJRTMFR N+tFt~restAll'tON CWdi1lCTs THE 61T1~ Oi AEFFM r[.A7~NtO1O sEIARTMEIV~' 720 5 G/tlf[MM ST,ASPF4¢ CO (!7~lt!-S+ti3t. K '~ ~.. ... r ,.. YO7"1('H: Iti MEREBti" [;!t'F ~ tl,et a puhli~ hcrrit~; v,ilt be is~iti ~?ta itx-s~=Say, A4axch 18. ,.•a~i rtt a m~tt•a:~ to harrer st ~1:3r? p.m ~~» thr ~~~ Nl~nin~r ~d Zonisr~ l'rrsunicsyon, ~tstrr ['iris }ZaWEri (`ity -}a11, l3t1 S C~~le>4;, St.„ o~i~.tn, to rcvie~ ars ;~pii~aYiixc Ft+r Sttrar,•, 1~rgin Re~~+:Hr, 'I~kk' ~ur~ix of tfu Susan margiar ltc~.~ir+i' is tai erxxsa~cr thr c~esrc:cu.xt cif a an~+ sink fi~mily dt~ellin~ in tt^iaRicn~laip to ea~,ir,~nt~xrr%.nlla ,cr.~itaF'e ucttt Eltr ub}e~c.t [~s3i+crt;~ :s Ce~utlti clcw~.ahtsS a, I-ax ~. ~ile~cw Rrd Ff::ttc tttta~i+~±:i,~ar_ a, :dt+aun ~:m the ~~ iitc;rnC CdY~x~r+i irs ~3itch hx~k, 'fiA ai page _'kttt sxxi ::trs; ;x¢;3cn~lmerf to ck',~ k+iat nc:x~Sad in ~ h-rc+k 2.7 at pa~c ?7 atnci rtwatvS mrsael~.k. ~rEm} n~,.~cd ua ~k~,i k~±ca- ,'.' ai ~tt'c 8?. al ltt~ C`itS~ nT ."aisk~+~a~:aa„ ~c3mm.artkM~ ~uYtU,4 T3 x l.~tt~}Rad ~#txi tr 'Clr:c Ev+r 1'~.tst.~i rn h;,n .':,atnR. scxn~[ I~1vxfl a.a3.S~t'r aII the C; i2~ "C ~1^+~t7 (sstsat3cxefita C'ka~rG~+•" ,~~. l3riy , t;,. 4 i.~ •ii St, _ls;~~. Ct?i97~,1J S?u m?G3, i ~'~'. ~'~ _ c ,',x, ~ ,^„ -• ~w,. ~ ~ ~ 'rte L ~, ~' * ~~ _ ~_ ~ ~ ~ ~ - F •~ v~ g ~~ r I' ~ J ,; , s. ' ~, cc . ~~ 7' R A q b ~ , C ~ ~ /"'~~ `ti' r~ • ~. ~ • M p~ :. z~ ,-. -~- PUBLIC NOTICE RE: 1310 RED BUTTE DRIVE, STREAM MARGIN REVIEW -- PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public heazing will be held on Tuesday, Mazch 18, 2008, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, City Hall, 130 S. Galena St., Aspen, to review an application for Stream Mazgin Review. The purpose of the Stream margin Review is to consider the construction of a new single family dwelling in relationship to an environmentally sensitive azea. The subject property is legally described as Lot 2, Block 2 Red Butte Subdivision, as shown on the plat thereof recorded in ditch book 2A at page 288 and first amendment to the plat recorded in plat book 27 at page 25 and second amended plat recorded in plat book 27 at page 83, of the City of Aspen, commonly known as 1310 Red Butte Drive. For further information, contact Jason Lasser at the City of Aspen Community Development Dept., 130 S. Galena St., Aspen, CO (970) 429-2763, (or jasonlCc~ci.aspen.co.us). s/Dvlan Johns, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on Mazch 2 , 2008 City of Aspen Account ~^ "~ ~gc MEMORANDUM To: Aspen Planning and Zoning Commission THRU: Jennifer Phelan, Community Development Deputy Planning Directo~ FROM: Jason Lasser, Special Projects Planner J RE: 1310 Red Butte Drive -Stream Margin Review -Public Hearin¢ MEETING DATE: March 18, 2008 Applicant: Jerry Scheif Representative: Josh Smith, John Muir Architects Zonin : R-30 (Low-Density Residential) Lot Size: approximately 30,896 Square Feet Land Use: Single-Family Residence Request Summary: The Applicant is requesting a Stream Margin Review Approval in order to demolish the existing single-family residence and replace it with a new single-family residence. Staff Recommendation: Approval of the Stream Margin Review. LAND USE REQUESTS: The Applicant is proposing to demolish the existing residential structure located at Red Butte Drive and is requesting the following land use approval to redevelop the site with a single-family residence and attached garage/ADU: • Stream Margin Review approval for development within 100 feet of the mean high water line of the Roaring Fork River pursuant to Land Use Code (L.U.C.) Section 26.435, Development in Environmentally Sensitive Areas. REVIEW PROCEDURE: A development application for stream margin review shall be approved, approved with conditions, or denied after review and consideration during a duly noticed public heazing by the Planning and Zoning Commission under L.U.C. Sections: 26.435.040, Stream Margin Review. PROJECT SUMMARY: The Applicant has requested approval to demolish the existing single-family residence and replace them with a new single-family residence. The entire building will have a Floor Area of 5,205 square feet. The primary residence will contain four (4) bedrooms. The following ,-. .-- table compares the proposed development dimensions with the dimensional requirements of the R-30 Zone District: ~rnnr c f • n:.., o., ~:.,.,~1 Cfon~~r(Ic Dimensional, Requirement Proposed Dimensional Requirements Underlying Low-Density Residential. (R-30) Zone Distnet Requirements Minimum Lot Size 30,896 SF 30,000 SF Minimum Lot Width A rox.142 Feet 100 Feet Minimum Lot Area/Dwelling 37,000 Feet 30,000 SF Minimum Front Yard Setback 25 Feet 25 Feet -Residential Dwellings Minimum Side Yard Setback 10 Feet 10 Feet Minimum Rear Yard Setback 15' from top-of- slo e 15 Feet -Residential Dwellings Maximum Hei ht 25 Feet 25 Feet Floor Area Ratio (FAR) 5,205 SF 5,227 SF Minimum Off-Street Parking 2 Spaces (2 for Single-family residence Two spaces per unit (single-family) STAFF ANALYSIS: A. Stream Margin Review: Staff believes that the proposed new residence will not have a significant negative impact on the native riparian area for which the Stream Margin Review was established. Parks has requested that the applicant restore the area within 15' feet from the top of bank with native vegetation, and that there will be Parks involvement in the design of the restoration. As part of Stream Margin Review, all development is required to be located no closer than fifteen (15) feet from the top-of-slope. The Applicant's surveyor identified where he believes the river's top-of--slope to be located. After conducting a site visit, Staff (including the City Engineer) agrees with the placement of the top-of--slope as was identified by the Applicant's surveyor. The residence is located either at the required fifeen (15) foot setback From the top-of-slope boundary or a further distance from the boundary. One of the Stream margin review criteria, standard 26.435.040 C.2, requires that a fisherman's easement be granted "within the high water boundaries" of the river course. The survey does not show the presence of an easement. Staff has required the granting of the easement as a condition of approval. An additional requirement of Stream Margin Review is that no building breach the progressive forty-five (45) degree height limit from the top-of--slope as required by Land Use Code Section 26.435.050 (C). This requirement is illustrated in the figure below. The proposed residence as designed will meet the standard as shown on the Applicant's south elevations (site sections page A4.1-A4.5) and included as part of the application. d5 degree pragres5ive height I Init Top of Slope, 15 Foot Setback Figure "A" Figure 2: Height Limit from Top of Slope As part of the approval and within the resolution, Staff is recommending that both the Applicant's design and building permit application comply with the minimum setback from top-of--slope and the progressive forty-five degree height limit prior to the issuance of a building permit. Figure 1: Required Setback and Top-of--Slope Boundaries B. TREE REMOVAL AND CONSTRUCTION TECHNIQUES: The Parks Department has reviewed the development proposal and is requiring tree protection for trees proposed to remain on site and mitigation for any trees that are removed. Additionally, the Applicant must obtain a tree removal permit from City of Aspen Parks Department prior to removing the trees. The Parks Department is also requiring native restoration below the top-of--slope and erosion control. Staff has proposed a condition of approval that would require the Applicant to provide silt fencing and construction fencing on site as well as native restoration within the resolution. C. IMPACT FEES AND SCHOOL LANDS DEDICATION: The Applicant is required to pay a any applicable Impact Fees and School Lands Dedications for additional bedrooms added to the site pursuant to Land Use Code Chapters 26.610, Impact Fees and Chapter 26.620, School Land Dedication Staff has included a condition of approval in the proposed resolution requiring that a Park Development Impact Fee and School land Dedication Fee updated to today's adopted regulations, if applicable, be paid prior to building permit issuance. STAFF RECOMMENDATION: In reviewing the proposal, Staff believes that the request meets the stream margin review standards that are set forth in Land Use Code Section 26.435.040(C), Stream Margin Review RECOMMENDED MOTION: 2 "I move to approve Resolution No. ~~/ ,Series of 2008, approving with conditions, a stream mazgin review to construct a single-family residence located at 1310 Red Butte Drive a both requests meet the review standards of Land Use Code Sections 26.435.040 C., Stre azgin Review Standazds ATTACHMENTS Exhibit A -- Review Criteria & Staff Findings Exhibit B -- Referral Comments from 1/9/08 Exhibit C -- Referral Comments from 2/27/08 Exhibit D -- Application RESOLUTION N0. ~, (SERIES OF 2008) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A STREAM MARGIN REVIEW, FOR THE PROPERTY COMMONLY KNOWN AS 1310 RED BUTTE DRIVE, AND LEGALLY DESCRIBED AS LOT 2, BLOCK 2, RED BUTTE SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-0130-3011 WHEREAS, the Community Development Department received an application from AV-20 Properties, LLC, represented by John Muir Architects, requesting approval from the Planning and Zoning Commission for Stream Mazgin Review for the construction of asingle-family residence located at 1310 Red Butte Drive; and, WHEREAS, the Applicant's property is a 30,896 sq. ft. lot located in the R-30 Zone District in an Environmentally Sensitive Area as defined by the Land Use Code; and, WHEREAS, the Applicant has had a Development Review Committee (DRC) meeting on January 9, 2008 and received comments from referral agencies, which requested another DRC meeting prior to the public heazing; and, WHEREAS, on February 27, 2008, the Applicant had a Development Review Committee (DRC) meeting and received comments from referral agencies, which requested another DRC meeting prior to the public hearing; and, WHEREAS, the Community Development Department Staff reviewed the application for compliance with the Stream Margin Review Standards; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standazds and that the approval of the development proposal is consistent with the goals and objectives of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission approves the Stream Margin Review request, with conditions to construct asingle-family residence at 1310 Red Butte Drive, by a vote of to ~ - ~, and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfaze. .~. ,.. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section I: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves the Stream Margin Review with the following conditions: 1. A fisherman's easement granting public fishing access within the high water boundaries of river course shall be granted via a recorded "Fisherman's Easement" prior to issuance of the building permit. Section 2: The Applicant shall meet adopted building codes and requirements if and when a building permit is submitted. The building permit application shall include the following: a. A copy of the final P&Z Resolution. a. The conditions of approval printed on the cover page of the building permit set. b. A completed tap permit for service with the Aspen Consolidated Sanitation District. c. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 5-year storm frequency should be used in designing any drainage improvements. d. An excavation stabilization plan, construction management plan, and drainage and soils reports pursuant to the Building Department's requirements. The construction management plan shall include an identification of construction hauling routes for review and approval by the City Engineer and Streets Department Superintendent. Also included in the CMP should be the following topic; erosion BMP's, soil stabilization, drainage impacts, and construction phasing plan. e. A fugitive dust control plan to be reviewed and approved by the Environmental Health Department. f A detailed excavation plan that utilizes vertical soil stabilization techniques for review and approval by the City Engineer. A detailed demolition plan is required with attention provided to the debris and storage near the river. g. The building shall meet the minimum top-of--slope requirement and the forty-five (45) degree progressive height limit as required by Stream Mazgin Review standards. h. The Zoning Officer shall verify compliance with Floor Area Ratio standards. Section 3• The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering and Parks Departments. The Applicant shall submit a detailed plan for erosion control. Plans should detail location of fencing and type of fencing. This fencing, at a minimum, shall consist of barrier fencing at the top of slope. Beyond this barrier fencing shall be silt fencing installed to the City of Aspen •standards. Additional erosion control measures may be necessary depending upon the site. Silt fencing shall be installed along the top of slope. The Applicant shall provide a detailed tree protection fencing plan at the time of building permit submittal and have the City of Aspen Parks Department inspect and approve of the erected silt and tree protection fencing prior to commencing construction. 2. There shall be no excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree on the site. Additionally, Due to the location of excavation and work azound the large cottonwoods located in the front of the structure the parks Department will require specific root protection measures to be used through out the length of the project. The project representative shall meet with the Parks Department to work out these details and show these plans in the building plan set. 3. An approved tree permit is required before approval of the building permit. An approved tree permit requires a proposed landscape plan identifying trees for removal and means and schedule for mitigation. Please contact the City Forester for more information 920-5126. 4. Native Restoration is required below the top of slope. This azea has been severely degraded. In order to protect the ripazian corridor and flood protection the applicant is required to replant and seed the entire stream bank with native vegetation. This restoration component shall be represented on the landscape plans. 5. A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. When planning for new water line and sewer taps, plan around all tree drip zones and existing vegetation. A. A formal plan indicating the location of the tree protection shall be required in the bldg permit set. B. There will be no storage of construction materials, backfill, tools or construction traffic inside of the protective fence. C. There shall be no excavation or disturbance of the native area inside of the protective fence. D. This fence must be inspected by the city forester or his/her designee (920-5120) before any construction activities aze to commence. 6. Parks is requiring a detailed plan outlining access to and from the construction azea. Access plans should detail all vegetation protection measures and construction staging areas. 7. The primary contractor shall submit a letter with the building permit application stating that they have read and understand the conditions of approval contained herein. 8. The Applicant shall provide a drainage plan prepared by a licensed engineer prior to building permit issuance that demonstrates that the property's historic runoff will not be increased as a result of the addition approved herein. Section 4: All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. Section 5: The Applicant shall install a fire sprinkler system and alarm system that meets the requirements of the Fire Marshal if the building is over 5,000 square feet in azea. Section 6: The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Section 7• The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter, patio drains) to ACSD lines shall be allowed. On-site utility plans require approval by ACSD. Below grade development may require a pumping system. One tap is allowed for each building. Shared service line agreements will be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. Any glycol heating and snowmelt system must be designed to prohibit any discharge of glycol to any portion of the public and private sanitary sewer system. Section 8: A Colorado licensed engineer shall verify that groundwater will not negatively impact the proposed construction. Section 9: All applicable Impact Fees and School Land Dedication shall be paid at time of building permit issuance. Section 10• All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, aze hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 11• This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 12• If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this day of , 2008. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ATTEST: LJ Erspamer, Chair Jackie Lothian, Deputy City Clerk .~ .., EXHIBIT A Chapter 26.435 DEVELOPMENT IN ENVIRONMENTALLY SENSITIVE AREAS (ESA) C. Stream margin review standards. No development shall be permitted within the stream margin of the Roaring Fork River unless the Community Development Director makes a determination that the proposed development complies with all requirements set forth below: 1. It can be demonstrated that any proposed development which is in the Special Flood Hazard Area will not increase the base flood elevation on the parcel proposed for development. This shall be demonstrated by an engineering study prepared by a professional engineer registered to practice in the State which shows that the base flood elevation will not be raised, including, but not limited to, proposing mitigation techniques on or off-site which compensate for any base flood elevation increase caused by the development; and Stall Finding The proposed development will not increase the base flood elevation, as the proposal will not affect the river, all development is required to follow the Engineering Department checklist, site grading plan, drainage and erosion plan, and excavation and stabilization plan which will not allow disturbance to the river. Staff finds thds criterion to be met. 2. The recommendations of the Aspen Area Community Plan: Parks/Recreation/Open Space/Trails Plan and the Roaring Fork River Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable. Areas of historic public use or access shall be dedicated via a recorded easement for public use. A fisherman's easement granting public fishing access within the high water boundaries of the river course shall be granted via a recorded "Fisherman's Easement;" and Stall Finding: Stafffinds that the application has worked to meet the goals of the Engineering and Parks Departments to maintain the high water boundaries of the river course. As noted on the survey, "this property is subject to all easements, rights-of--way and/or requirements as noted or shown in the records of the Pitkin County Clerk & Recorder. The Code requires dedication of a fisherman 's easement. Staff recommends the granting of the easement be included as a condition of approval. 3. There is no vegetation removed or damaged or slope grade changes (cut or fill) made outside of a specifically defined building envelope. A building envelope shall be designated by this review and said envelope shall be designated by this review and said envelope shall be recorded on a plat pursuant to Subsection 26.435.040.F.1;and Staff Finding The applicant has worked with both Engineering and the Parks Departments to restore the area fifteen feet (15) from top of slope to top of slope widh native vegetation, detailed in the landscape and surveys of the Feb. 14, 2008 drawings submitted by the applicant. Staff finds this criterion to be met. 4. The proposed development does not pollute or interfere with the natural changes of the river, stream or other tributary, including erosion and/or sedimentation during construction. Increased on-site drainage shall be accommodated within the parcel to prevent entry into the river or onto its banks. Pools or hot tubs cannot be drained outside of the designated building envelope; and Staff Finding: The applicant has been working with the Engineering and Parks Departments to resolve any development or construction erosion, sedimentation, and drainage to mitigate any ,-. .-_ potential for pollution or interference with the natural changes of the river. Any on-site drainage issues will be addressed per a grading and erosion control plan provided at the time of building permit submittal, all drainage will be accommodated within the parcel, no drainage will be allowed into the river or onto its banks. Staffftnds this criterion to be met. 5. Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of a water course and a copy of said notice is submitted to the Federal Emergency Management Agency; and Staff Finding The water course will not be altered or relocated. Staff finds this criterion to be not applicable. 6. A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished; and Staff Finding: The proposed development will not alter or relocate the water course (see criterion 5). Stafffinds this criterion to be not applicable. 7. Copies are provided of all necessary federal and state permits relating to work within the 100-year flood plain; and Stall Finding There is no work proposed within the 100 year flood plain, Staff finds this criterion to be not applicable. 8. There is no development other than approved native vegetation planting taking place below the top of slope or within fifteen (15) feet of the top of slope or the high waterline, whichever is most restrictive. This is an effort to protect the existing riparian vegetation and bank stability. New plantings (including trees, shrubs, flowers and grasses) outside of the designated building envelope on the river side shall be native riparian vegetation as approved by the City. A landscape plan will be submitted with all development applications. The top of slope and 100-year flood plain elevation of the Roaring Fork River shall be determined by the Stream Margin Map located in the Community Development Department and filed at the City Engineering Department; and Staff Finding: The applicant has worked with both Engineering and the Parks Departments to restore the area fifteen feet (15) from top of slope to top of slope wish native vegetation, detailed in the landscape and surveys of the Feb. 14, 2008 drawings submitted by the applicant. Stafffinds this criterion to be met. 9. All development outside the fifteen (15) foot setback from the top of slope does not exceed a height delineated by a line drawn a[ a forty-five (45) degree angle from ground level at the top of slope. Height shall be measured and determined by the Community Development Director using the definition for height set forth at Section 26.04.100 and method of calculating height set forth at Section 26.575.020 as shown in Figure "A"; Staff Finding The applicant has worked with the Zoning Offrcer to determine the height of the development and method of calculating height as seen in the architectural drawings of the Feb. 14, 2008 submission by the applicant. Staff finds this criterion to be met. 10. All exterior lighting is low and downcast with no light(s) directed toward the river or located down the slope and shall be in compliance with Section 26.575.150. A lighting plan will be submitted with all development applications; and _~, Sta Finding The applicant has worked with the Zoning Officer to determine that the lighting will comply with the requirements of the review as seen in the architectural drawings of the Feb. 14, 2008 submission by the applicant. Staffftnds this criterion to be met. 1 1. There has been accurate identification of wetlands and riparian zones. Staff Finding The applicant has worked with the Community Development Staff to determine the accuracy of the surveys, engineering, landscape and architectural drawings of the Feb. 14, 2008 submission by the applicant. Stafffinds this criterion to be met. .~ EXHIBIT B Date: 1/14/08 Project: 1310 Red Butte Dr City of Aspen Engineering Department DRC Comments These comments are not intended to be exclusive, but an initial response to the project packet submitted for purpose of the DRC meeting. Transportation Driveways -Specify all driveway locations and widths. Standards depend on zoning district. Parking Lots -Specify turning radius, markings, and handicap locations. Streets - If the longitudinal edge of a street patch falls within the existing wheel tracks, the patch shall extend to the full width of the lane. A minimum patch dimension shall be two feet. A signing and pavement marking plan must be submitted as part of the design documents. Traffic - A traffic study shall be conducted as needed to determine impacts of new development. Drainage General -Project packet must include a discussion of anticipated and proposed drainage patterns, detention storage and outlet concepts. Floodplain -Where applicable, 100-yr floodplain and floodway boundaries shall be defined. Storm Sewer System -Project drainage requirements may include construction of new storm sewer line, minimum lateral 15" RCP and mainline 18" RCP to connect to existing storm sewer system. A Stormwater System Development Fee shall be assessed against all properties at the time of development or redevelopment of the property. The fee shall be assessed against the total impervious azea of the development, not simply the increased impervious azea. Detention as required by code. Drywells -Minimum 10' deep and 10' from property line and foundation. Percolation tests must show that the soil will drain the 5-yr runoff volume in 36 hours. Seasonal high groundwater level must be 2' below the bottom of the dry well. Pedestrian Improvements General - In accordance with the City's Sidewalk, Curb and Gutter Master Plan, property owners aze required to install and maintain sidewalk, curb and gutter along the street frontage adjacent to their properties. Properties within certain azeas of the City aze not required to install sidewalk, curb and gutter. These locations aze shown on the "Sidewalk Free Zones" and the "No Curb and Gutter Zones" maps dated Februazy 22, 2002. These maps are kept in the City Engineering Department. Sidewalks -Project depicts ALL sidewalk locations and widths. Sidewalk width is based on the land use. Residential: 5' High density and multi-family azeas: 6' Commercial areas 8'. ,-~, .~.. Warning Pads -detectable warning pads shall be installed at all curb ramps. Curb ramps shall be directional and not diagonal. Pedestrian Study - A neighborhood safety/pedestrian study shall be completed as deemed necessary by City Engineer. Construction Mana ement General - A construction management plan must be submitted in conjunction with the building permit application. The plan must include a planned sequence of construction that minimizes construction impacts to the public. The plan shall describe mitigation for: pazking, staging/encroachments, truck traffic, noise, dust, and erosion sediment pollution. Miscellaneous Utilities -All above ground structures shall be located outside the public rights-of--way. Sight Distances -Project shall comply with proper sight distances at intersections/driveways. Detailed plans are required prior to council -please see engineering department for specific details. Additional PrJect Specific Comments Stormwater -Nothing can drain to river due to the steep slopes and environmental sensitive azeas. Is one drywell enough to accommodate all flow? The azea has a very high amount of impervious. Excavation -Can the basement be stabilized without going outside of the building envelope? Setback -From municipal code 26.435.040 C3 No vegetation can be removed/damaged and no grading can occur within the building envelope. Driveway -There might site distance issues Permits - A permanent encroachment would be necessary to have any landscaping in the ROW. Also ROW permit necessary to hook-up to sanitary sewer if in the roadway. 1310 Red Butte Drive Parks Department Requirements There must be a detailed plan submitted for stream margin protection. The detailed plan shall identify; Location of silt fencing? How will it be supported? How will this fencing "protect residual run-off and erosion"? A native vegetation protection fencing system shall be installed at the edge of the demolition envelope. There will be no storage of construction materials, backfill, tools or construction traffic outside of the protective fence. This fence must be inspected by the city forester or his/her designee (920-5120) before any construction activities are to commence. 2. A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees on site. This fence must be inspected by the city forester or his/her designee (920-5120) before any construction activities are to commence. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree on site. There should be a location and standard for this fencing denoted on the plan. 3. The Parks Department is concerned about the lack of spacing for several proposed Blue Spruce Trees. New locations and planting plan should be designed to reflect appropriate spacing away from the new structure, existing vegetation and each individual plant species. 4. Amore detailed landscape plan will need to be submitted for approval. The plan shall include the fully proposed seed mix with proposed lbs per acreage. The seed mix should include a riparian seed mix that includes an herbaceous understory and one that is consistent with the Roaring Fork River Corridor. The plan should also include a detailed legend of all the proposed deciduous plantings located within the 15' setback. 5. Parks recommends against flowering crab apples, no fruit producing crab should be used to minimize wildlife conflicts. 6. All new irrigation with in the 15' setback will need to be hand dug preventing the cutting of roots. The same is true for the installation of any proposed landscaping. The proposed new grading within the 15' setback is not appropriate and is not acceptable to the parks department approvals. Grade changes can be made in a manner that does not damage the existing root zones of the riparian trees. 8. Parks recommends saving the existing blue spruce located west of the current driveway. There is some value to the preservation of existing mature vegetation. This is not a deal breaker but consideration for the preservation of this tree makes more sense than planting a new Blue Spruce 15 feet from the established tree. 9. Landscape Plans L-1 through L-3 include a statement that says the species of vegetation between the 15' set back and the river are not riparian species. This statement is an inaccurate statement. If this is to be indentified the statement needs to be corrected to accurately identify the Narrow Leaf Cottonwood gallery and the Colorado Blue Spruce trees as indicative of a riparian corridor and the vegetation located below these species aze also indicative of the wetland species. They may not be fully established through out the zone but are present and should be consider for full protection. 10. The overall mitigation for removals on this property already has a carry over from a property located on Snowbunny Lane. It is the opinion of the Pazks Department that after a redesign of the proposed landscape plan that the mitigation will not be able to be met on site and acash-in-lieu payment may be required. ,., -~. DRC Comments 1310 Red Butte Drive January 9, 2008 ACSD Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. On-site utility plans require approval by ACSD. Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements and before any and all soil stabilization measures are attempted, and before the district will approve ademolition/access-infrastructure/excavation-foundation permit. Below grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. All ACSD fees must be paid prior to the issuance of a demolition access-infrastructure/excavation foundation permit. Peg in our office can develop an estimate for this project once detailed plans have been made available to the district. Where additional development would produce flows that would exceed the planned reserve capacity of the existing system (collection system and or treatment system) an additional proportionate fee will be assessed to eliminate the downstream collection system or treatment capacity constraint. Additional proportionate fees would be collected over time from all development in the area of concern in order to fund the improvements needed. Where additional development would produce flows that would overwhelm the planned capacity of the existing collection system and or treatment facility, the development will be assessed fees to cover the costs of replacing the entire portion of the system that would be overwhelmed. The District would fund the costs of constructing reserve capacity in the area of concern (only for the material cost difference for larger line). The Applicant will have to pay 40% of the estimated tap fees for the anticipated building stubouts prior to building permit. The glycol heating and snow melt system must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. ° Page 1 of 2 Jason Lasser From: Todd Grange Sent: Wednesday, January 09, 2008 3:15 PM To: Jason Lasser Subject: reply from DRC today @ 1:30 - 1310 Red Butte 1. Need demo architectural plan to show existing FAR, bedroom and parking. 2. Lot size and lot area -should show on improvement survey with shading and have key. Math needs to be shown. 3. No grading in stream margin setback. Path 4. Show the appropriate roof heights/points in relation to the required 45 degree from the 15 foot required stream margin review requirements. 5. Roof plan with all height marked over topo map. 6. Lighting plan to comply with lighting standards for fully shielded lighting and prohibitions of light directed toward the roaring fork river. 7. Garage appears to violate the 24" max size of garage entrance in design review standards 8. covered porches count on ground levels as exempt. At entry exempt. At back or riverside at ground level exempt but where the are a covered decks they count as 15% Todd Grange, Zoning Officer Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 Phone: (970)429-2767 Fax: (970)920-5439 www.aspenpitkin.com From: Jason Lasser Sent: Wednesday, January 09, 2008 11:15 AM To: Development_Review_Committee Subject: DRC today @ 1:30 - 1310 Red Butte A reminder far those with Packets -Engineering -Zoning -Parks -Building -Holy Cross Thanks! See you then- JasonLasser City of Aspen ~ Special Projects Planner Community Development Department 130 S. Galena St. ~ Aspen, CO 81611 970.429.2763 ~ www.aspenpitkn.com 311012008 EXHIBIT C Zoning Comments for 131 Red Butte Drive From meeting 27 February 2008 Todd Grange 1) Lot Area/Size. a. Clarify and shade the area considered in the high water mark calculation and the related developable lot area. Does the island remain above the 100 year flood plain or would it be covered. b. Affects the developable size of the lot. c. How aze you calculating your total lot size? d. .781 * 43,560 = 34,020.36 which differs from your starting lot size. 2) Demolition. a. Take out the gazage area and the upper level stairwell from the area calculation. b. Additionally include deck space in the demo calculation. I S% is free and then 1:1 ratio after that. 3) Lower level. a. Need elevation of below grade walls showing grade and all exposes areas. b. Need to see calculations for your % of exposed wall and how applied to squaze footage for your lower level. 4) ADU. a. To keep the cooking device you need to deed restrict the ADU otherwise the cooking device needs to be removed. 5) Lighting. a. Make sure the exterior lighting you choose complies with the code. Current samples of proposed lighting allow one to see the light bulb and that is not allowed. Make sure the glass in the sconce hides the light source. (Fully Shielded) Date: February 27, 2008 Project: 1310 Red Butte Drive City of Aspen Engineering Department DRC Comments These comments are not intended to be exclusive, but an initial response to the project packet submitted for purpose of the DRC meeting. Transportation Driveways -Specify all driveway locations and widths. Standards depend on caning district. Property is zoned R-30. Maximum driveway width is 18 feet. > T ~ CC .i 11 - - - - ..«.. ,.F ~' Drainage General -Project packet must include a discussion of anticipated and proposed drainage patterns, detention storage and outlet concepts. No offsite basins are shown. Foundation drains are not addressed. Proposed runoff exceeds Historic (historic is calculated incorrectly). de€xaec~ Base flood elevation is shown on FEMA map. Storm Sewer System - . A Stormwater System Development Fee shall be assessed against all properties at the time of development or redevelopment of the property. The fee shall be assessed against the total impervious area of the development, not simply the increased impervious area. Detention as required by code. Pedestrian Improvements ~ > , ,~ .< Construction Management General - A construction management plan must be submitted in conjunction with the building pemut application. The plan must include a planned sequence of construction that minimizes construction impacts to the public. The plan shall describe mitigation for: parking, staging/encroachments, truck traffic, noise, dust, and erosion/sediment pollution. Miscellaneous Utilities -All above ground structures shall be located outside the public rights-of--way. Sight Distances -Project shall comply with proper sight distances at intersections/driveways. Detailed plans are required prior to council -please see engineering department for specific details. Additional Proiect Specific Comments The Engineering Department Checklist will need to be followed, especially with regard to: Site Grading Plan, Drainage and Erosion Control Plan & Excavation Stabilization Plan. Detention was incorrectly calculated. Pre developed for 2 yr and historic for 100yr. H&H must be performed for channel along Red Butte and culvert under driveway. APPLICANT: ATTACHMENT 2-LAND USE APPLICATION r~CHla119 Name: AV- O LLG Location: ~ O 12E.1~ LO 2 o E S ! !5{O Indicate street address, lot & block number, le al descri tion where a ro riate) Pazcel ID # (REQUIRED) 2735 0130 3012 REPRESENTATIVE: t Name: --~o T Go SGT : ~ S 1 Address: 20 M S GO 61!02 Phone#: 7~4, q7$ PROJECT: Name: 1310 REa - 5 ~ - Address: ~3(O G DRrV' Phone #: 1YPE OF APPLICATION: (please check all that apply): ^ Conditional Use ^ Conceptual PUD ^ Conceptual Historic Devt. ^ Special Review ^ Final PUD (& PUD Amendment) ^ Final Historic Development ^ Design Review Appea] ^ Conceptual SPA ^ Minor Historic Devt. ^ GMQS Allotment ^ Final SPA (& SPA Amendment) ^ Historic Demolition ^ GMQS Exemption ^ Subdivision ^ Historic Designation l~°1( ESA - 8040 Greenline, Stream ^ Subdivision Exemption (includes ^ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ^ Lot Split ^ Temporary Use ^ Other: ^ Lot Line Ad'ustment ^ TexUMa Amendment NXISTING CONDTTIONS: (description of existing buildings, uses, previous approvals, etc.) s~ l..lr. ~~/LY - ID paTIAC. 70 BL• ,'~EMCSLIS/!f/~jJ PROPOSAL: descri tion of ro osed buildin ,uses, modifications, etc. ~~? 'y ~~15s~1~LY ~bsl~~riAc.. ~ 8F 8c~rc_r Have you attached the following? .FEES DUE: $ ^ Pre-Application Conference Summary ^ Attachment #1, Signed Fee Agreement ^ Response to Attachment #3, Dimensional Requirements Form ^ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standaz~C E IVE D All plans that are larger than 8.5" s 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. r ; LGQ7 CITY OF ASPEN GQktlu'UNITY DEVELOPS"ENT ATTACHMENT3 DIMENSIONAL REQUIREMENTS FORM Project: /310 ~E1~ Bu't-'rE ~D2/yG - `JC~G!/¢ -~ Applicant: AV 20 ~j~d?T/.ES Location: )ZIO ~ g rrr~r itl,G Zone District: ,Q-30 Lot Size: $~ 011 .~ FT Lot Area: Z ?7~ (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mazk, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: N ~ Proposed: 1~,/~l Number of residential units: Existing: / Proposed: 2 Number of bedrooms: Existing: 3 Proposed: 7 Proposed % of demolition (Historic properties only): !J A DIMENSIONS: Floor Area: Existing.• 5,012. Allowable: 5, 207 Proposed: 520$ Principal bldg. height: Existing: 22' Allowable: 25 ` Proposed: 25 ` Access. bldg. height: Existing:~~Allowable: 2S Proposed:~_ On-Site parking: Existing.• 3 Required: 3 Proposed: Site coverage: Existing: `~ °~~ Reguired.• IlJbtaE, Proposed: 21 0 Open Space: Existing: `~ I Required: JUoll7E Proposed.• 74 0 Front Setback: Existing: 25 =D" Required: 30 ` Proposed.• $t7 ` Rear Setback: S•. 1o Existing:EROr~ T.ofS.Reguired:F IS' ne-, T.on ~ ~~ . Proposed: 2y1o/z. Combined F/R: Existing: 30~ 0~~ Required: ~/$' Proposed. Sy ~ 0~2`~ Side Setback: Existing.•)O`'O" Required: /0''~" .~ Proposed.• O-O Side Setback: Existing.• I Z = Ce `~ Required: ~` ~YtPttl Proposed: Zo' Z?FSJQIGY'~ Combined Sides: Existing: 22 =(o~ Required: 30 =0 ~` Proposed.• 3p0'° Distance Between Existing N~i~ Required: !O~ O" Proposed.• /~Pi Buildings ~+~a'T ~'~' Existing non-conformities or encroachments: F Y1~7/.t_~~ DF.t.I! ArUd P812'rlall of=fit t .at ,e>zr-_-_ r~~T~tiu I5'-o" ot= -rep op se.~_ Variations requested: .-. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Aereement for Payment of City of Asoen Development Annlication Fees CITY OF ASPEN (hereinafter CITY) and ~ V - 21> ~oarL2'r'I~S (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for ~ I O ~ BVTTE. 7]R1 VE.. (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payrnent of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT acrd CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an vritial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may aceme following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees if will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CiTY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ which is for _ hours of Community Development staff tune, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $235,00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension ofprocessing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT Chris Bendon Community Development Director By:..i GERPia w• sci{t_t~ t nRNAGE2 Date: OGT. 2~t 2.130°7 Bill To Mailing Address and Telephone Number: 5.773 w t:opVdAY p~ •#1 ~Qa ~oUS T~ l Y. '77~'~~7 ~ 13- 88~- ~oz~ KCI.CY I IUNA: 04b1 OS, U4/Utf/ZUUtf at 11:00:09 AM, ' 1 OF 5, R $26.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION N0. 13, (SERIES OF 2008) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A STREAM MARGIN REVIEW, FOR THE PROPERTY COMMONLY KNOWN AS 1310 RED BUTTE DRIVE, AND LEGALLY DESCRIBED AS LOT 2, BLOCK 2, RED BUTTE SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-0130-3012 WHEREAS, the Community Development Department received an application from AV-20 Properties, LLC, represented by John Muir Architects, requesting approval from the Planning and Zoning Commission for Stream Margin Review for the construction of asingle-family residence located at 1310 Red Butte Drive; and, WHEREAS, the Applicant's property is a 30,896 sq. ft. lot located in the R-30 Zone District in an Environmentally Sensitive Area as defined by the Land Use Code; acid, WHEREAS, the Applicant has had a Development Review Committee (DRC) meeting on January 9, 2008 and received comments from referral agencies, which requested another DRC meeting prior to the public hearing; and, WHEREAS, on February 27, 2008, the Applicant had a Deve]opment Review Committee (DRC) meeting and received comments from referral agencies, which requested another DRC meeting prior to the public hearing; and, WHEREAS, the Community Development Departrnent Staff reviewed the application for compliance with the Stream Margin Review Standazds; and, WHEREAS, the Aspen Planning and Zoning. Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standazds and that the approval of the development proposal is consistent with the goals and objectives of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission approves the Stream Margin Review request, with conditions to construct asingle-family residence at 1310 Red Butte Drive, by a vote of five to zero (5 - 0), and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfaze. .-. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1• Pursuant to the procedures and standazds set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves the Stream Mazgin Review with the following conditions: 1. A fisherman's easement granting public fishing access within the high water boundaries of river course shall be granted via a recorded "Fisherman's Easement" prior to issuance of the building permit. Section 2• The Applicant shall meet adopted building codes and requirements if and when a building permit is submitted. The building permit application shall include the following: a. A copy of the final P&Z Resolution. a. The conditions of approval printed on the cover page of the building permit set. b. A completed tap permit for service with the Aspen Consolidated Sanitation District. A drainage plan, including an erosion control plan, prepazed by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 5-year storm frequency should be used in designing any drainage improvements. d. An excavation stabilization plan, construction management plan, and drainage and soils reports pursuant to the Building Department's requirements. The construction management plan shall include an identification of construction hauling routes for review and approval by the City Engineer and Streets Department Superintendent. Also included in the CMP should be the following topic; erosion BMP's, soil stabilization, drainage impacts, and construction phasing plan. e. A fugitive dust control plan to be reviewed and approved by the Environmental Health Department. f. A detailed excavation plan that utilizes vertical soil stabilization techniques for review and approval by the City Engineer. A detailed demolition plan is required with attention provided to the debris and storage neaz the river. g. The building shall meet the minimum top-of--slope requirement and the forty-five (45) degree progressive height limit as required by Stream Mazgin Review standards. ,~-. h. The Zoning Officer shall verify compliance with Floor Area Ratio standards. Section 3: The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standazds published by the Engineering and Parks Deparhnents. The Applicant shall submit a detailed plan for erosion control. Plans should detail location of fencing and type of fencing. This fencing, at a minimum, shall consist of barrier fencing at the top of slope. Beyond this barrier fencing shall be silt fencing installed to the City of Aspen standazds. Additional erosion control measures maybe necessary depending upon the site. Silt fencing shall be installed along the top of slope. The Applicant shall provide a detailed tree protection fencing plan at the time of building permit submittal and have the City of Aspen Pazks Department inspect and approve of the erected silt and tree protection fencing prior to commencing construction. 2. There shall be no excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree on the site. Additionally, Due to the location of excavation and work around the lazge cottonwoods located in the front of the structure the parks Deparment will require specific root protection measures to be used through out the length of the project. The project representative shall meet with the Pazks Department to work out these details and show these plans in the building plan set. 3. An approved tree permit is required before approval of the building permit. An approved tree permit requires a proposed landscape plan identifying trees for removal and means and schedule for mitigation. Please contact the City Forester for more information 920-5126. 4. Native Restoration is required below the top of slope. This area has been severely degraded. In order to protect the riparian comdor and flood protection the applicant is required to replant and seed the entire stream bank with native vegetation. This restoration component shall be represented on the landscape plans. 5. A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. When planning for new water line and sewer taps, plan around all tree drip zones and existing vegetation. A. A formal plan indicating the location of the tree protection shall be required in the bldg permit set. B. There will be no storage of construction materials, backfill, tools or construction traffic inside of the protective fence. C. There shall be no excavation or disturbance of the native area inside of the protective fence. D. This fence must be inspected by the city forester or his/her designee (920-5120) before any construction activities are to commence. .-. 6. Parks is requiring a detailed plan outlining access to and from the construction area. Access plans should detail all vegetation protection measures and construction staging areas. 7. The primary contractor shall submit a letter with the building permit application stating that they have read and understand the conditions of approval contained herein. 8. The Applicant shall provide a drainage plan prepared by a licensed engineer prior to building permit issuance that demonstrates that the property's historic runoff will not be increased as a result of the addition approved herein. Section 4: All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. Section 5: The Applicant shall install a fire sprinkler system and alarm system that meets the requirements of the Fire Marshal if the building is over 5,000 squaze feet in azea. Section 6: The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Deparhnent. Section 7: The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter, patio drains) to ACSD lines shall be allowed. On-site utility plans require approval by ACSD. Below grade development may require a pumping system. One tap is allowed for each building. Shared service line agreements will be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. Any glycol heating and snowmelt system must be designed to prohibit any discharge of glycol to any portion of the public and private sanitary sewer system. Section 8: A Colorado licensed engineer shall verify that groundwater will not negatively impact the proposed construction. Section 9: All applicable Impact Fees and School Land Dedication shall be paid at time of building permit issuance. Section 10: ,... All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, aze hereby incorporated in such plan development approvals and the same shall be complied with as if folly set forth herein, unless amended by an authorized entity. Section 11: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 12: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 18th day of Mazch, 2008. APPROVED AS TO FORM: City Attorney ATTEST: PLANNING AND ZONING C~ SSION: c: ~ ~I,J Erspame ,Chair ~~V ackie Lothian, Deputy City Clerk ,_ , _~ r~i THE CITY OF ASPEN Land Use Application Determination of Completeness Date: November 13, 2007 Deaz City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0065.2007.ASLU, ESA. The planner assigned to this case has not been assi>ned. Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: 2. 3. Responses to the review criteria in Section 26 435.040 C Stream Mazgin Review Standards were not submitted. Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. ^ Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, I ennifer hel ,Deputy Director City of Aspen, Community Development Department C:\Documents and Settings\jennifep\My Documents\Templates\Completeness Letter Land Use.doc . ,. ... ~.. Descriation of proaosal--1310 Red Butte Drive Proposed development to include demolition of existing single family structure to be re- placed with new single family residenpe. Stream mazgin review standazds: L N/A- Existing and proposed development is not located within the flood hazard azea/ 100 yeaz flood plain. ' ~ ' 2. Recommendations of said agencies will be implemented to the greatest extent practica- ble. ~ ' 3. Area outside of the designated building envelope will remain undisturbed. Envelope will be barricaded per the stated requirements. 4. Proposed development will not pollute or interfere with the natural changes of Ehe river, stream, or other tributaries, including erosion and/or sedimentation during construction. Any on-site drainage issues will be addressed per a grading and erosion control plan pro- vided at time of building permit submittal, all drainage will be accommodated within the parcel, no drainage w1Y1 be allowed into the river or onto its banks. Pools and hot tubs will no be drained outside of the building envelope. 5. N/A- water course will not be altered or relocated. 6. N/A- see item five above. 7. N/A- no work will take place within the 100 yeaz flood plain. ~ 8. Only native vegetation will occur within 15'-0" of the top of bank, see included land- scape plan. 9, Development outside of 15'-0"setback from top of bank occurs within the 45 degree plane as described, see included site sections. 10. A landscape plan is included for review which follows stated guidelines. 11. All exterior sighting will be in compliance with section 26.575.150, see included exterior lighting plan. 12. See included site sections and elevations. 13. Identification of wetlands and riparian zones aze noted on landscape plan. Proposed construction techniques: Typical residential construction methods. Soil to be laid back on site, excess to be trucked out if required. Soil stabilization implemented if required. Z01 Main Street Carbondale, Strife 304, Colorado 51623 Phone: (970) 704-9750 Fax: (970) 704-0287 E-MaiL• jtna(a)sopris.net 7 r. ""~ ATTACHMENT? AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: '~~ O ~Ea ES(~'TTyF , ~ti:f (/~C„ , Aspeu, CO SCHEDULED PUBLIC HEARING DATE: TUES. M/4RCfl I8 2a08 200_ STATE OF COLORADO ) ss. County of Pitkin ) h -----It75M1-~~M (~~FI (name, please print) being or repr6senting an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. D( Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the' day of F_C~c~AR`>/ , 200$, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of anew land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Sig ture The foregoin "Affidavit of Notice" was aclmowled ed before me this ~ day of , 200, by Tn`~I-1 ~yVl i f'l~l WITNESS MY HAND AND OFFICIAL SEAL ~~~ My commission expires: ~~ -~ ~ ~V y Notary Public ATTACHMENTS: COPY OF THE P UBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL Easy Peel Labels !A ® ~ ' i A ~ See Instruction Sheet ~ ture l F E P f '~ ~ ~ ~AVERII'®5160® 1 TEMPLATE 5160 Use Averya l ee ea or asy iFeQ :per 1335 SAGE COURT LLC 1375 RED BUTTE DR LLC ASPEN BLUE SKY HOLDINGS LLC 153 W LUPINE 604 W MAIN ST 302 E HOPKINS AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 BUTERA SOPHH!: HARVEY 15% BUTERA T RICHARD 5%. CARTER THOMAS L JR & EUGENIA 1220 RED BUTTE DR PMB 306 2221 RIVER OAKS BLVD ASPEN, CO 81611 300 PUPPY SMITH ST #220 HOUSTON, TX 77019 ASPEN, CO 81611-1454 FREY FAM PTRSHP LTD 75% FREY JOHN L 25% HACKETT BUDDY 40% 424 S SPRING ST 424 S SPRING ST 800 WHITTIER DR ASPEN, CO 81611 ASPEN, CO 81611-2010 BEVERLY HILLS, CA 90210 HAZES BRIAN L 20% ~ KITCHEN ELIZABETH F 20% LEHRMAN ROBERT 720 E HYMAN AVE 29 LATIMER RD 1027 33RD ST NW ASPEN, CO 81611 SANTA MONICA, CA 90402 WASHINGTON, DC 20007 LICHTENWALTER DAYLENE G LICHTENWALTER GARY R LIZOTTE JEFFREY W &.DIANA I 1265 RED BUTTE DR 1265 RED BUTTE DR 1345 SAGE CT ASPEN, CO 81611-1083 ASPEN, CO 81611-1083 ASPEN, CO 81611 MENDENHALL KIEFER & MARY PITKIN COUNTY RIVER AMERICAN PROPERTIES PO BOX 191 530 E MAIN ST #302 - LLC ASPEN, CO 81612 ASPEN, CO 81611 986 MOORE DR ASPEN, CO 81611 SANFORD ALBERT 50% SHERRIFF RICHARD A STARENSIER DAVID & PHYLLIS 1340 RED BUTTE DR 748 HILLCREST DR 1355 SAGE CT ASPEN, CO 81611 BASALT, CO 81621-8547 ASPEN, CO 81611 WILDMAN DOROTHY DEC OF WORTH CHARLES E & ANN G TRS T ' ZIMMERMAN HARRIET M TRUST 50% 1380 RED BUTTE DR 4 VLA LOS INCAS 1340 RED BUTTE DR ASPEN, CO 81611 PALM BEACH, FL 33480 ASPEN, CO 81611 Etiquettes faciles 9 peter • Consukez la feuille vuwwaverycom .._... .....__-.~sn _. _..~ ce..~ de ~6amumunt d'in<tmrtion t-S00-GO-AVERY ~ ~a t ! ~ ' r 1 3 1 3~i~' i 1 a f'`~ 'a ~: c ~•- ~`''~'~~,..~ty ~i% `~ m .~. 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