HomeMy WebLinkAboutpitkin.planning.264316102010 (2010)DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and /or P &Z
Ordinance for the BOCC and /or P &Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat(s)
Parcel ID: 2643- 16 -1 -02 -010 Application Date: 12/2/10 Case No: P105 -10
Description: Elam Construction Inc. 2010 Special Review for Commercial Snow Storage Planner: Mike Kraemer
# Copies: 7
Allocated Hours: 4
Project Address: 7911 UPPER RIVER RD, WOODY CREEK, CO 81656 % Over Hours: 4.8
Property Owner: ELAM CONSTRUCTION INC
Owner's REP: GAYLE LYMAN
Address: 556 STRUTHERS AVE
GRAND JUNCTION, CO 81501
REP's Email: gayle.lyman @elamconstruction.com
Owner Phone:
REP's Phone: (970) 242 -5390
Referrals: ALL OTHER REFERRALS
Comments Due Date:
Address: 556 STRUTHERS AVE
GRAND JUNCTION, CO 81501
Other Referrals: Woody Creek Caucus 1/12/11
Meetings: 1st Meeting:
Meeting Date: 01/26/2011
Review Body: bocc
Public Hearing? yes
Notice Date: 12/26/2010
Meeting Notes:
2nd Meeting:
3rd Meeting:
Approvals:
BOCC Resolution #: 016 -2011 #577535 P&Z Determination #:
BOCC Ordinance #: HO Determination #:
Admin Determination #:
Other Information:
VR Approval Date: Plat Recorded Date:
VR Expires Date: Plat (Bk, PG):
Remarks: no vesting
no plats
Application Type: Minor Special Review
Other
41112:16P Janet Schoeberlein 970 - 922 -7295 p.1
Woody Creek Caucus District Planning Commission
P. O. Box 297
Woody Creek, Colorado 81656
January 12, 2011
Pitkin County
Community Development Department
130 S. Galena Street
Aspen, Colo. 81611
Attn: Mike Kraemer
Re: Elam Review for Commercial Snow Storage
The Woody Creek Caucus District Planning Commission has considered the subject
application, and we have the following comments:
At present, the applicant is requesting a use permit for snow dumping /storage for a five
year period_ This first became a county requirement in January, 2008. We think the
permit should be granted for one year more, rather than five, since ramifications of any
problem of pollution of nearby water systems is grave. A history of previous tests should
be available for review each year.
K. Schoeberlem.
For The Woody Creek Caucus
District Planning Commission
000007
RECEPTIONM 577535, 02/10/2011 at
09:13:07 AM,
1 OF 3, R $0.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION OF THE PITKIN COUNTY, COLORADO, BOARD OF COUNTY
4WSSIONERS APPROVING THE ELAM SPECIAL REVIEW FOR COMMERCIAL
SNOW T12UCKING/DUMPING /STORAGE
BOCC Resolution &- 2011
RECITALS
1. Elam Construction, Inc. (hereafter, the "Applicant "), has applied to the Pitkin County Board of County
Commissioners CBOCC") for a Special Review for Commercial Snow Trucking/Dumping/Storage on
the partially reclaimed area within the mining permit area of the gravel pit. The Applicant has
requested a 5 year permit.
2. The parcel is located at 7943 Upper River Road, Woody Creek. PID #: 2643 - 161 -02 -010 (Legal
Description, Attachment A)
3. Snow Trucking/Dumping/Storage is a necessary community service that must be accommodated
within the County. Pursuant to Subsection 4 -30 -50(1) of the 2006 Pitkin County Land Use Code,
standards have been developed to address the impacts of snow storage areas. The BOCC finds that
the Applicant has shown compliance with these standards.
4. This application was referred to the Woody Creek Caucus who provided comments on the submittal.
5. The BOCC heard the request at a regularly scheduled and duly noticed public hearing on January 26,
2011 at which time evidence and testimony were presented with respect to this application.
NOW THEREFORE BE IT RESOLVED by the BOCC that it hereby approves the Elam Construction,
Inc. Special Review for Commercial Snow Trucking/Dumping/Storage subject to the conditions outlined
below:
1. The Applicant shall adhere to all material representations made in, or in connection with, the
application.
2. This approval shall expire after the 2015/2016 winter.
3. The Applicant shall provide the Community Development Director with soil test results each
year, no later than by the end of September, in accordance with the Land Use Code that
establishes soil testing parameters in effect each September Ist. If soil testing results do not meet
the thresholds established in effect at the time of testing, the Applicant shall not dump snow at
this site.
4. The Applicant shall comply with all other reporting requirements as may be subsequently
adopted.
5. Snow storage operations shall only be conducted between the hours of 7:00 AM to 7:00 PM,
Monday through Saturday.
Page I of
6. Revegetation of the snow storage site shall be in accordance with the plan already approved for
the gravel mining operation.
7. Failure to comply with the conditions of approval may result in revocation of this permit.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 26" day of December,
2010.
APPROVED this 26" day of January, 2011.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
ATT�^l�T.
F y, Alto
Case: P105 -10
PM#2643- 161 -02 -010
By t
Rachel E. ichards, Chairwoman
Date ,9 11
oa 0 11
APPROVED AS TO CONTENT:
Ct
Cindy Hou en,
Community Development Director
Page 2 of 2
0
PARCEL DESCRIPTION
The site is approximately 10 miles northwest of downtown Aspen. The total permit area is
104.72 acres, consisting of two parcels: one is 98.33 acres and the other is 6.39 acres.
LEGAL DESCRIPTION
A tract of land located within Section 16, Township 9 South, Range 85 West of the 6 th Principal
Meridian, County of Pitkin, State of Colorado and being more particularly described as follows:
PARCEL 1 beginning at the Northwest Corner of the Northeast Quarter of Section 16, Township
9 South, Range 85 West, 5 18 °00'06" E a distance of 164.84' to the Point of Beginning; thence S
70 °55'12" E a distance of 393.66'; thence S 68 0 39'07" E a distance of 527.45'; thence S
56 °33'16" E a distance of 538.74'; thence 5 53 °21'46" E a distance of 434.89'; thence N
81 °18'38" E a distance of 409.36'; thence N 63 °51'28" E a distance of 218.35'; thence S
84 °47'32" E a distance of 369.63'; thence S 00 °24'36" E a distance of 2411.08'; thence S
85 °34'00" W a distance of 756.58'; thence N 30 °00'00" W a distance of 75.42'; thence N
34 °50'00" W a distance of 284.00'; thence N 28 °28'40" W a distance of 443.00'; thence with a
curve turning to the right with an arc length of 99.32', with a radius of 349.24'; thence N
12 °11'00" W a distance of 150.00'; thence with a curve turning to the left with an arc length of
161.97'. with a radius of 243.31'; thence N 50 °19'30" W a distance of 250.00'; thence with a
curve turning to the right with an arc length of 103.50', with a radius of 600.00', thence N
40 °26'30" W a distance of 359.94', thence with a curve turning to the left with an arc length of
62.06', with a radius of 484.85'; thence N 47 °46'30" W a distance of 260.94'; thence with a
curve turning to the left with an arc length of 77.71', with a radius of 114.69'; thence N
15 °04'14" W a distance of 610.19'; thence with a curve turning to the left with an arc length of
200.35', with a radius of 1095.00'; thence N 25 °33'14" W a distance of 694.44'; which is the
Point of Beginning, having an area of 4283097 square feet, 98.326 acres.
PARCEL 2 beginning at the Southwest Corner of the Northeast Quarter of Section 16, Township
9 South, Range 85 West, N 70 0 42'24" E a distance of 842.64' to the Point of Beginning; thence N
80 °03'00" E a distance of 634.37'; thence N 50 0 19'30" W a distance of 250.00'; thence with a
curve turning to the right with an arc length of 108.67', with a radius of 630.00'; thence N
40 °26'30" W a distance of 359.94'; thence with a curve turning to the left with an arc length of
58.23', with a radius of 453.82'; thence N 47 0 46'30" W a distance of 260.94'; thence with a
curve turning to the left with an arc length of 46.92', with a radius of 84.69'; thence S 10 °09'30"
E a distance of 870.74'; which is the point of beginning, having an area of 278519.21 square
feet, 6.394 acres.
Parcel ID: 2643- 161 -02 -010 Page 6 Vagneur Pit
00U 008 3
MEMORANDUM
TO: Pitkin County Board of County Commissioners
THRU: Cindy Ho &n, Comm Development Director
FROM: Mike Kraemer, Planner A
RE: Elam Special Review for a Commercial Snow Trucking/Dumping/Storage
DATE: January 26, 2011
SUMMARY: The Applicant requests Special Review approval for commercial trucking and storage of snow at
the Elam gravel pit. The Applicant is requesting a 5 year permit for this operation.
APPLICANT: Elam Construction, Inc
REPRESENTATIVE: Gayle Lyman
LOCATION: 7943 Upper River Road, Woody Creek. PID#: 2643- 161 -02 -010
ZONING/LOT SIZE: RS -20 /Approximately 105 acres
2009 AERIAL PHOTOGRAPHY: The parcel is highlighted in orange with the proposed dump site in red.
Page I of 6
000001 or /l
BACKGROUND and REQUEST: The Applicant received Special Review approval in 2010 for a commercial
snow dump on the partially reclaimed area within the gravel pit pursuant to BOCC Resolution No. 005 -2010.
In that application, a 20 permit for the operation was requested and the Applicant represented that given, the
cost of the submittal and the relatively small profit made from receiving snow, a multi -year permit was needed.
At the time of the request, Staff and the BOCC were considering a soil testing program that would test snow
dump site soil to better understand if it is appropriate to add water to an area that could potentially harbor
contaminants. Because of the need for adopting this legislation, the BOCC only approved a one year permit
and stated they would entertain a multi -year permit the following year once amendments to the Code were
successfully implemented. Soil testing amendments are in process and the Applicant has tested the soil in the
snow dump site in accordance with the Code amendments set for adoption today.
The issue of well contamination and the water quality were issues raised at the last hearing. Since the last
hearing, a 200' setback from private wells and source points for public water systems was adopted and a soil
testing and monitoring protocol is being established.
REFERRAL COMMENTS: Woody Creek Caucus (Attachment A). The Caucus feels that 1 year permit
should be granted with testing history provided by the Applicant.
STAFF COMMENTS:
Special Review for a Snow Storage Area
A snow storage area/dump is listed as a special review use in the RS -20 zone district and therefore must comply
with the following standards (see Subsection 2- 30 -30):
A. The special review use shall consider the applicable County Master Plan.
Staff Response: A snow storage site /dump is not a use prohibited in Woody Creek Master Plan.
B. The special review use shall not conflict with any applicable sections of the Pitkin County Land Use Code,
including the County band Use Policies in Chapter 1.
Staff Response: The use is consistent with the Pitkin County Land Use Code and the Land Use Policies.
C. The proposed development must not materially endanger the public health, safety or welfare..
Staff Response: Standards were developed in order to safely and effectively site these storage areas. Impacts,
including off -site impacts, were considered and Staff has no reason to believe that the proposed development will
endanger the public health, safety or welfare.
D. The proposed development must not substantially injure the value of adjoining or abutting property.
Staff Response: If standards and conditions in the attached draft resolution are adhered to, a snow storage area
should not substantially injure adjoining or abutting property.
E. The special review use shall be consistent with the intent of the zone district in which it is proposed to
be located.
Staff Response: A snow storage area is consistent and is a special review use in the RS -20 zone district.
Page 2 of 6
000002
F The special review use shall be compatible with the character of the immediate vicinity of the parcel
proposed for development and surrounding land uses, or shall enhance the mixture of complimentary
uses and activities in the immediate vicinity of the parcel proposed for development.
Staff Response: The snow storage area is located in the partially reclaimed mining area which is approximately
40' above the floor of the pit.
G. The location, size, design and operating characteristics of the proposed special review use must be in
harmony with the surrounding area and minimize adverse effects, including visual impacts, impacts on
pedestrian and vehicular circulation, traffic generation, parking, trash, service delivery, air /water
pollution or other impacts on natural resources, noise, vibrations and odor on surroundingproperties.
Staff Response: With compliance with the use specific standards outlined below, adverse impacts should be
minimal for this use.
H. There must be adequate public facilities and services to serve the special review use, including but not
limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical
services, hospital and medical services, drainage systems, and schools.
Staff Response: Staff has no reason to believe that public facilities and services will be compromised and the
use can be accommodated.
The proposed special review use must comply with any additional standards or requirements stated for
such use in Sec. 4 -30 and/or 2- 40 -20.
Staff Response: Code Section 4 -30 -50(1) will be addressed below.
Use Specific Standards for Snow Storage Areas/Dumps
Section 4 -30 -50(1) is the applicable section of the Code for review of snow storage areas. The applicant shall
comply with the following conditions:
(1) Setbacks
a Setbacks shall be regulated by Section 7 -20 -80 and Chapter 5.
Staff Response: Section 7 -20 -80 regulates development within setbacks of creeks, streams, and rivers.
There are none of these waterways located on this parcel or within 100' of the proposed snow dump.
(2) Slopes
a Slopes in excess of 10% shall be avoided.
Staff Response: The proposed sites have not been located on slopes in excess of 10 %.
(3) Groundwater
a Snow storage and/or dumps shall not be located in areas of high groundwater
b. It must be demonstrated that the groundwater high water mark is 4 feet or more below snow
storage area
Staff Response: The Applicant has represented that the snow dump is approximately 60' to 80' above the
groundwater source.
Page 3 of 6
0;0333
(4) Floodplain
a. Snow storage areas shall not be located within the 100- year floodplain
Staff Response: The snow storage area is not located within the 100 -year floodplain.
(S) Surface Runoff
a. Snow storage shall not result in surface runoff unless best management practices are utilized to
remove sediment and other contaminants from melt water and promote infiltration vs. runoff.
Staff Response: Because the snow storage area is proposed within the existing gravel pit, surface run -off
is not an issue.
(6) Dumping into waterway or water -body
a. Snow storage areas shall comply with section 7- 20- 80(d).
b. Snow shall not be pushed or dumped into any waterway or water —body at anytime.
Staff Response: The Applicant has committed to not dumping into a waterway or water -body and will
comply with reclamation standards outlined in 7- 20 -80(d) if necessary.
(7) Refuse removaildisposal
a. It will be a condition of approval that at the end of each winter season (when all snowmelt is
complete) that documented cleanup occurs at the site to remove non -snow refuse from the
storage site.
Staff Response: The Applicant commits to removal of debris.
(8) Scenic Impact Consideration
a. Potential scenic impacts of the location of proposed snow storage areas shall be addressed in
the application.
Staff Response: The snow storage area will not be visible from any County Roads.
(9) Revegetation
a. If a snow storage area is abandoned for more than two years, revegetation of the site (where
necessary) is required.
Staff Response: The snow storage areas will be required to be revegetated with the termination and
reclamation of the gravel pit operation.
(10) Trips
a. The Applicant shall present a dumping schedule for consideration that includes hours of
operation and estimated number of trucks per hour /day.
Staff Response: The Applicant is proposing coinciding hours of operation for dumping snow as the
approved hours of operation for the gravel pit. These hours are 7:OOAM to 7:00 PM, Monday through
Saturday. It has been stated that approximately 40 dump trucks per day will enter the site during average
snowfall. During heavy snow periods, this number of trucks per day can increase to 100.
Page 4 of 6
000104
(11) Noxious Weed Control
a. The Applicant is required to control for noxious weeds.
Staff Response: The Applicant will be required to manage noxious weeds, if necessary.
(12) Wells
a. Snow dump sites shall be sited at least 200' feet from private wells and public water systems.
The 200' setback from a public water system shall be measured from the source from which
water is collected for the public water system
Staff Response: The Applicant has stated that according to the Colorado Division of Water Resources
there are no private wells or source points for public water systems within 200' of the proposed snow
dump.
(13) Soil Testing
a. A snow dump site shall be located at least 50' from a property line.
Staff Response: The Applicant has provided a map that shows the snow dump site. The Applicant
states that the site will be at least 65' from the northern property line and 70' from the southern
property line.
b. An Applicant for an existing snow dumping site shall test soil annually in the spring, after
the dumping site has melted. An Applicant for an initial snow dumping site shall provide soil
test results in their application to the Community Development Department. In both cases, the
following contaminants shall be tested:
1. Volatile Petroleum Hydrocarbons (VPH)
2. Extractable Petroleum Hydrocarbons (EPH)
3. B -tex Test
4. Oil and Grease
Staff Response: The Applicant has tested for these contaminants and has provided the results to the
Community Development Department (results Attachment B).
C. Sampling testing shall occur on each snow dump site. If a dumping site is larger than I acre,
every acre of the snow dump site shall be tested.
Staff Response: This standard has been adhered to.
d. Testing shall occur on the down gradient of the site, and the test sample should be taken from
an eight (8) inch depth.
Staff Response: This standard has been adhered to.
e. The threshold levels for B -tex shall be I6ppm.
Staff Response: Lab results show that the B -tex test is well below 10 ppm.
Page 5 of 6
000005
f. The threshold levels for Total Petroleum Hydrocarbons (TPH) shall be 500ppm. TPH is the
sum of VPH, EPH, and Oil and Grease.
Staff Response: Lab results show that the TPH test (sum of VPH, EPH, and the Oil and Grease
tests) is well below 500 ppm.
g. If testing shows that a site is over any of the thresholds mentioned above, the Applicant shall
not be allowed to dump snow at that site. In order to continue dumping snow at that site, additional
testing shall be required as determined by the Community Development Director.
Staff Response: N/A
RECOMMENDATION: Staff recommends the BOCC adopt a motion to approve the Elam Special Review for a
Snow Storage Area subject to the conditions of the attached Resolution.
ATTACHMENTS:
A. Woody Creek Caucus Comments
B. Soil test results
Page 6 of 6
000006
41112:16P Janet Schoeberlein 970 - 922 -7295 p.1
Woody Creek Caucus District Planning Commission
P. O. Box 297
Woody Creek, Colorado 81656
January 12, 2011
Pitkin County
Community Development Department
130 S. Galena Street
Aspen, Colo. 81611
Attn: Mike Kraemer
Re: Elam Review for Commercial Snow Storage
The Woody Creek Caucus District Planning Commission has considered the subject
application, and we have the following comments:
At present, the applicant is requesting a use permit for snow dumping /storage for a five
year period_ This first became a county requirement in January, 2008. We think the
permit should be granted for one year more, rather than five, since ramifications of any
problem of pollution of nearby water systems is grave. A history of previous tests should
be available for review each year.
K. Schoeberlem.
For The Woody Creek Caucus
District Planning Commission
000007
Jan 06 11 04:46p Enviro Chem Analytical
t
ENVIRO -CHEM
NV Y - Ica ' IN'
9702459270 p.3
7Tg41h0T 0
ANALYTICAL TESTING LABORATORY
6651N Gumison, Sum 9108. GMIC Jumflor„ CO 81501 -7299, )970) 242 -615q FA [9701 2 245 -9273
To: Elam Construction Date: December 29. 2010
1225 South 7th Street No: ECA/ELAM 10 -13
Grand Junction, CO 81501
SAMPLE IDENTIFICATION
Submitted by: Gayle Lyman
Sample I.D.: Snow Storage
Comments: Kept 4C till tested
Parameters
TEPH
TVPH
BTEX:
Benzene
Toluene
Ethylbenzene
Xylenes, total
Oil and Grease
Results submitted
for Enviro -Chem Analytical, Inc.
Liese 7G 2homrpsan
Liese K. Thompson
Lab Director
Date Sampled: Dec. 3, 2010
Date Received: Dec. 7, 2010
Date Tested: Dec. 7 -16, 2010
RESULTS
13.031 mg/Kg
54.816 mg/Kg
0.0007 mg/Kg
0.033 mg/Kg
0.016 mg/Kg
0.027 mg/Kg
3.25 mg/Kg
000008
RESOLUTION OF TBE PITKIN COUNTY, COLORADO, BOARD OF COUNTY
COMMISSIONERS APPROVING THE ELAM SPECIAL REVIEW FOR COMMERCIAL
SNOW TRUCKING/DUMPING /STORAGE
BOCC Resolution -2011
RECITALS
1. Elam Construction, Inc. (hereafter, the "Applicant'), has applied to the Pitkin County Board of County
Commissioners ( "BOCC ") for a Special Review for Commercial Snow Trucking/Dumping/Storage on
the partially reclaimed area within the mining permit area of the gravel pit. The Applicant has
requested a 5 year permit.
2. The parcel is located at 7943 Upper River Road, Woody Creek. PID#: 2643- 161 -02 -010 (Legal
Description, Attachment A)
3. Snow Trucking/Dumping/Storage is a necessary community service that must be accommodated
within the County. Pursuant to Subsection 4 -30 -50(1) of the 2006 Pitkin County Land Use Code,
standards have been developed to address the impacts of snow storage areas. The BOCC finds that
the Applicant has shown compliance with these standards.
4. This application was referred to the Woody Creek Caucus who provided comments on the submittal.
5. The BOCC heard the request at a regularly scheduled and duly noticed public hearing on January 26,
2011 at which time evidence and testimony were presented with respect to this application.
NOW TBEREFORE BE IT RESOLVED by the BOCC that it hereby approves the Elam Construction,
Inc. Special Review for Commercial Snow Trucking/Dumping/Storage subject to the conditions outlined
below:
1. The Applicant shall adhere to all material representations made in, or in connection with, the
application.
2. This approval shall expire after the 2016 winter.
3. The Applicant shall provide the Community Development Director with soil test results each
year, by October, in accordance with the Land Use Code that establishes soil testing parameters.
If soil testing results do not meet the thresholds established, the Applicant shall not dump snow at
this site until all Land Use Code standards have been met.
4. Snow storage operations shall only be conducted between the hours of 7:00 AM to 7:00 PM,
Monday through Saturday.
5. Revegetation of the snow storage site shall be in accordance with the plan already approved for
the gravel mining operation.
6. Failure to comply with the conditions of approval may result in revocation of this permit.
Page 1 of 2
000009
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 26 day of December,
2010.
APPROVED this 26" day of January, 2011.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
ATTEST:
By
Rachel E. Richards, Chairwoman
Lyndee R. Dean
Clerk to the BOCC Date
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
c -
John Ely, Cindy Houben,
County Attorney Community Development Director
Care: P105 -10
P1D62643- 161 -02 -010
Page 2 of 2
000010
rT
PARCEL DESCRIPTION
The site is approximately 10 miles northwest of downtown Aspen. The total permit area is
104.72 acres, consisting of two parcels: one is 98.33 acres and the other is 6.39 acres.
LEGAL DESCRIPTION
A tract of land located within Section 16, Township 9 South, Range 85 West of the 6 th Principal
Meridian, County of Pitkin, State of Colorado and being more particularly described as follows:
PARCEL 1 beginning at the Northwest Corner of the Northeast Quarter of Section 16, Township
9 South, Range 85 West, S 18 °00'06" E a distance of 164.84' to the Point of Beginning; thence S
70 °55'12" E a distance of 393.66'; thence S 68 °39'07" E a distance of 527.45'; thence S
56 °33'16" E a distance of 538.74'; thence S 53 °21'46" E a distance of 434.89'; thence N
81 °18'38" E a distance of 409.36'; thence N 63 °51'28" E a distance of 218.35'; thence S
84 °47'32" E a distance of 369.63'; thence S 00 0 24'36" E a distance of 2411.08'; thence S
85 °34'00" W a distance of 756.58'; thence N 30 °00'00" W a distance of 75.42'; thence N
34 °50'00" W a distance of 284.00'; thence N 28 °28'40" W a distance of 443.00'; thence with a
curve turning to the right with an arc length of 99.32', with a radius of 349.24'; thence N
12 °11'00" W a distance of 150.00'; thence with a curve turning to the left with an arc length of
161.97'. with a radius of 243.31'; thence N 50 °19'30" W a distance of 250.00'; thence with a
curve turning to the right with an arc length of 103.50', with a radius of 600.00', thence N
40 °26'30" W a distance of 359.94', thence with a curve turning to the left with an arc length of
62.06', with a radius of 484.85'; thence N 47 °46'30" W a distance of 260.94'; thence with a
curve turning to the left with an arc length of 77.71', with a radius of 114.69'; thence N
15 °04'14" W a distance of 610.19'; thence with a curve turning to the left with an arc length of
200.35', with a radius of 1095.00'; thence N 25 °33'14" W a distance of 694.44'; which is the
Point of Beginning, having an area of 4283097 square feet, 98.326 acres.
PARCEL 2 beginning at the Southwest Corner of the Northeast Quarter of Section 16, Township
9 South, Range 85 West, N 70 0 42'24" E a distance of 842.64' to the Point of Beginning; thence N
80 °03'00" E a distance of 634.37'; thence N 50 °19'30" W a distance of 250.00'; thence with a
curve turning to the right with an arc length of 108.67', with a radius of 630.00'; thence N
40 °26'30" W a distance of 359.94'; thence with a curve turning to the left with an arc length of
58.23', with a radius of 453.82'; thence N 47 °46'30" W a distance of 260.94'; thence with a
curve turning to the left with an arc length of 46.92', with a radius of 84.69'; thence S 10 °09'30"
E a distance of 870.74'; which is the point of beginning, having an area of 278519.21 square
feet, 6.394 acres.
Parcel ID: 2643 - 161 -02 -010 Page 6 Vagneur Pit
(1 o (.111 _
CONSTRUCTION, INC.
556 Struthers Avenue
Grand Junction, CO 81501 -3826
(970) 242 -5370 Fax (970) 245 -7716
November 30, 2010
Mr. Mike Kraemer
Pitkin County Community Development
130 South Galena St.
Aspen, CO 81611
RE: Special Review for Commercial Snow Storage. Parcel I.D. 2643 - 161 -02 -010.
Mike,
Please find attached 7 copies of an application for Special Review for Commercial Snow Storage. This
application complies with Land Use Code Section 2- 30 -30(h) and addresses criteria outlined in Land Use
Code Section 4- 30 -50(I) "Snow /Dumping /Storage'.
Also enclosed is an executed Agreement for Payment of Land Use Application Fees along with a check in
the amount of $1,457.00 for the associated application fees. Finally, a list of all property owners and
mineral estate owners within 300' of the subject property is included. This list was generated by the City
of Aspen and Pitkin County GIS Department.
Please contact me at (970) 242 -5370 or gayle.lyman @elamconstruction.com if you have any questions.
Submitted By:
Gayle L. Ly n
Property ivision Manager
Elam Construction, Inc.
enclosure
�9 oon? v,' 2Z
ELAM CONSTRUCTION, INC
SPECIAL REVIEW
I[1i'7
COMMERCIAL SNOW STORAGE
NOVEMBER, 2010
000002
INTRODUCTION
The Elam Construction, Inc. property, commonly known as the Vagneur Gravel Pit, is located
near Woody Creek, approximately 8 miles westerly of Aspen. See Vicinity Map. The Vagneur Pit
is being proposed by Elam to be used as a Commercial Snow Dump and Storage Facility during
winter months. This Commercial Snow Storage facility will accept of snow removed from both
public and private entities. This request to allow acceptance of snow, will not alter the
conditions for gravel extraction, processing, asphalt plant and concrete plant operations.
The location for the snow dump /storage site is located in the northwestern portion of the pit.
This area has been previously been mined out and partially reclaimed using imported material.
This area is approximately 40 feet above the floor of the gravel pit. See Site Map for location of
snow dumping/storage area.
Elam is requesting the Use Permit for snow dumping/storage for a 5 -year period..
Following is a brief discussion of the permitting history of the Elam Construction property.
GRAVEL PIT PERMITTING HISTORY
The Vagneur Pit was originally permitted by Pitkin County in the late 1970's as a small gravel pit
operation with a 5 year permit, and subsequent renewals. The operation was then permitted by
the Colorado Division of Reclamation, Mining and Safety (formerly Division of Minerals and
Geology) in 1980 for the entire property acreage of 104.7 acres.
Pursuant to the BOCC Resolution 88 -47, the County then permitted the operation as a 10 -year
Special Review Use for the Elam Construction gravel pit, asphalt plant and concrete plant. This
original Resolution /approval was the guiding approval for the operation, and as a condition, the
County required an annual public hearing and continued approval.
The 10 -year Special Use permit (88 -47) expired May 24, 1998 and the BOCC granted a one -year
extension permit in order to allow Elam time to prepare and submit a request for a long term
extension. On April 14, 1999, the BOCC granted a 10 -year extension for the operations pursuant
to BOCC resolution 99 -69, which carried over and updated many of the conditions from the
1988 permit.
The 10 -year extension of the Special Use permit (99 -69) was set to expire on April 14, 2009. In
2006, Elam submitted an amendment to the County requesting an extension to the Use Permit
and an expansion to the mining area within the original permit boundary to add approximately
19 acres. On October 11, 2006 the BOCC granted a 20 -year extension for the operations (plus 1
year for reclamation), Resolution 129 -2006 pursuant to BOCC resolution Numbers 88 -47 and99-
69 was issued.
000003
Parcel ID: 2643 - 161 -02 -010 Page 1 Vagneur Pit
On November 10, 2006, a complaint against the Board of County Commissioners of the County
of Pitkin and Elam Construction, Inc. alleging violations of Pitkin County Land Use Code
regulations was filed in District Court. On September 8` 2008, District Court Judge Gail H.
Nichols ordered Resolution 129 -2006 be vacated and remanded back to the Pitkin County
Board of County Commissioners for further proceedings. On August 12, 2009, The BOCC heard
additional testimony during a public hearing and again approved a 20 -year extension for
operations associated with the gravel pit.
SNOW STORAGE PERMIT HISTORY
The requirement for obtaining a Use Permit for Commercial Snow Dump /Storage Facility first
became a County Requirement in January 2008. Elam made application to the County for snow
dumping /storage for the 2008/2009 winter season. Administrative Decision No. 2 -2009 was
issued for the snow storage site. Elam again made an application to the County for a snow
dumping/storage in November 2009. Elam was granted BOCC Resolution 005 -2010 for Special
Review for a Commercial Snow Trucking /Dumping /Storage site for the 2009 -2010 winter
season.
Parcel ID: 2643-161-02-010 Page 2 Vagneur Pit
000004
VICMTY MAP
Parcel 10: 2643 - 161 -02 -010 Page 3 Vagneur Pit
000005
SITE MAP
SNOW DUMP i
STORAGE AREA
Parcel ID: 2643- 161 -02 -010
r
ELAM CONSTRUCTION
VAGNEUR GRAVEL PIT
Page 4
Vagneur Pit
000006
APPLICANT'S BACKGROUND INFORMATION
November 30, 2010
To Whom It May Concern:
Elam Construction, Inc. is the owner of parcels on which the Vagneur Pit is situated. The Representatives
from Elam Construction which will be working on this project are:
Gayle Lyman, Property Division Manager
Dave Heiberger, Aspen Area Manager
Elam Construction, Inc.
556 Struthers Ave.
Grand Junction, CO 81501 -3826
If you have any questions regarding the authorized representatives for permitting of the Vagneur Pit for
Commercial Snow Dumping /Storage, please feel free call myself at (970)- 242 -5370.
Sincerely,
Gayle L. Ly n
Property Division Manager
Parcel ID: 2643 - 161 -02 -010 Page 5 Vagneur Pit
000007
PARCEL DESCRIPTION
The site is approximately 10 miles northwest of downtown Aspen. The total permit area is
104.72 acres, consisting of two parcels: one is 98.33 acres and the other is 6.39 acres.
LEGAL DESCRIPTION
A tract of land located within Section 16, Township 9 South, Range 85 West of the 6 th Principal
Meridian, County of Pitkin, State of Colorado and being more particularly described as follows:
PARCEL 1 beginning at the Northwest Corner of the Northeast Quarter of Section 16, Township
9 South, Range 85 West, S 18 0 00'06" E a distance of 164.84' to the Point of Beginning; thence 5
70 °55'12" E a distance of 393.66'; thence S 68 °39'07" E a distance of 527.45'; thence S
56 0 33'16" E a distance of 538.74'; thence 5 53 °21'46" E a distance of 434.89'; thence N
81 °18'38" E a distance of 409.36'; thence N 63 °51'28" E a distance of 218.35'; thence S
84 °47'32" E a distance of 369.63'; thence S 00 °24'36" E a distance of 2411.08'; thence 5
85 °34'00" W a distance of 756.58'; thence N 30 °00'00" W a distance of 75.42'; thence N
34 °50'00" W a distance of 284.00'; thence N 28 °28'40" W a distance of 443.00'; thence with a
curve turning to the right with an arc length of 99.32', with a radius of 349.24'; thence N
12 °11'00" W a distance of 150.00'; thence with a curve turning to the left with an arc length of
161.97'. with a radius of 243.31'; thence N 50 °19'30" W a distance of 250.00'; thence with a
curve turning to the right with an arc length of 103.50', with a radius of 600.00', thence N
40 °26'30" W a distance of 359.94', thence with a curve turning to the left with an arc length of
62.06', with a radius of 484.85'; thence N 47 0 46'30" W a distance of 260.94'; thence with a
curve turning to the left with an arc length of 77.71', with a radius of 114.69'; thence N
15 °04'14" W a distance of 610.19'; thence with a curve turning to the left with an arc length of
200.35', with a radius of 1095.00'; thence N 25 °33'14" W a distance of 694.44'; which is the
Point of Beginning, having an area of 4283097 square feet, 98.326 acres.
PARCEL 2 beginning at the Southwest Corner of the Northeast Quarter of Section 16, Township
9 South, Range 85 West, N 70 °42'24" E a distance of 842.64' to the Point of Beginning; thence N
80 °03'00" E a distance of 634.37'; thence N 50 °19'30" W a distance of 250.00'; thence with a
curve turning to the right with an arc length of 108.67', with a radius of 630.00'; thence N
40 °26'30" W a distance of 359.94'; thence with a curve turning to the left with an arc length of
58.23', with a radius of 453.82'; thence N 47 °46'30" W a distance of 260.94'; thence with a
curve turning to the left with an arc length of 46.92', with a radius of 84.69'; thence S 10 °09'30"
E a distance of 870.74'; which is the point of beginning, having an area of 278519.21 square
feet, 6.394 acres.
Parcel ID: 2643- 161 -02 -010 Page 6 Vagneur Pit
000008
DISCLOSURE OF PROOF OF OWNERSHIP
The surface and mineral rights owner of the property is:
Elam Construction, Inc.
556 Struthers Ave.
Grand Junction, CO 81501 -3826
The following attached documentation supports the legal ownership as well as the legal
creation of the property:
• A copy of the Trustee's Deed, which conveys the property described to Elam
Construction.
• Resolution No. 82 -10 of the Board of County Commissioners of Pitkin County granting
final plat approval for the creation of the described property.
000009
Parcel ID: 2643- 161 -02 -010 Page 7 Vagneur Pit
v
TRUSTEE'S DEED sa 497 rsaue74'7
THIS TRUSTEE'S DEED, made this 18th day of September,
1985, between CLAYTON L. VAGNEUR, AS SOLE TRUSTEE OF THE
CLARICE J. VAGNEUR TRUST created under the Will of Sullivan
Vagneur, deceased, as duly admitted to probate in the District
Court in and for Pitkin County, Colorado, No. P -1071, on March
12, 1971, Grantor. and ELAM CONSTRUCTION, INC., a Colorado
Corporation, Grantee,
WITNESSETH, Grantor, for and in consideration of the sum
of Ten Dollars and other valuable consideration hereby grants.
bargains, sells and conveys to Grantee, all of the following
_.
described real estate situate in the county of Pitkin Sir ��
Colorado, to -wit:
Lot 1, Elam Subdivision, according to the Plat 319E
thereof recorded June 2, 1982, in Plat Book 13 a
Page 47 as Reception No. 241658, �e L 39
Together with any and all easements, rights of way
and appurtenances thereunto belonging and all of the
right, title, interest, estate, claim and demand
whatsoever of the Grantor either in law or equity,
of, in and to the above described property;
Except and subject to general property taxes for the
current year, U.S. patent reservations and excep-
tions, any and all easements and rights of way of a
public or private nature, planning, zoning and other
governmental rules and regulations and prior oil, gas
and other mineral reservations and exceptions, if any;
TO HAVE AND HOLD the above - described property, with all
appurtenances, unto the Grantee, its successors and assigns;
and the Grantor, for himself and his successor, warrants the
title thereto against all persons claiming under him.
IN WITNESS WHEREOF, Grantor has executed this Trustees'
Deed the day and year first above written.
STATE OF COLORADO
COUNTY OF GARFIELD
ClaytgA L. Vagneur as Ole Trustee
Of the Clarice J. Vagneur Trust
created under the Will Of Sullivan
Vagneur, Deceased
ss.
The within and foregoing instrument was acknowledged
before me this / day of September. 1985, by Clayton L.
ya u'i -•,as Sole Trustee of the Clarice J. Vagneur Trust
nder the Will of Sullivan Vagneur, Deceased.
Nr�.S' my hand and official seal.
- o--�My- comission expires: 7��
m
m•aV 0c :�
''•,yfF Vii" f. r •� l i j, r , d-61t a2(.UYyI
Notary Public
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RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
GRANTING FINAL PLAT APPROVAL TO THE
ELAM CONSTRUCTION, INC. SUBDIVISION
Resolution No. 82 - 10
WHEREAS, the Vagneur Ranch Co., a limited partnership, is the owner of
certain lands in Pitkin County, Colorado, more specifically described in
Attachment A. and
WHEREAS, Elam Construction, Inc. is presently leasing and has an option
to purchase from the Vagneur Ranch Co., Lot I of the proposed subdivision, and
WHEREAS, the subdivision will divide the land into parcels of over
35 acres, and
WHEREAS, both parcels shown are part of Lot 1 with the narrow piece
separating them being a fee simple parcel sold over a decade Ago, and
WHEREAS, the water plan is the remaining condition to be satisfied for
approval, and
WHEREAS, engineering studies have been submitted which verify the water
system capabilities to be adequate for operation of the pi.t, and
WHEREAS, ponds will be constructed to handle the water needs in the
event of a downstream call, and
WHEREAS, the applicable sections of the Pitkin County Land Use Code have
been addressed in this Final Plat submission to the satisfaction of the
Commission.
NOW, THEREFORE, BE IT RESOLVED that Final Plat Approval for subdivision
of the Vagneur Ranch property into two parcels, these being Lot 1 of 104.78
acres and Lot 2, the fathering parcel, be granted with the following conditions:
1. Prior to recordation, the Final Plat is approved by the County
Engineer and the County Attorney. Language shall be included on the
plat concerning the small parcel to indicate that it is not developable
or conveyable as a separate parcel.
2. Primary treatment of sewage disposal from the employee trailers be
instituted.
3. Any future wells be placed at minimum distance from any sewage
disposal systems.
4. The existing dry well bore be filled, grouted for the top 25 feet and
000011 properly capped or if the well is drilled deeper and found to be
useful, the present sewage system will be relocated to the specifica-
tions of the Environmental Health Department.
Approved by the Board of County Commissioners at their regular meeting on
February 8, 1982.
ATT
Deputy County Clerk
APPROVED AS TO FORM:
_�
ndra Stuller; County Attorney
UUUCc''
BOARD OF COUNTY COMMISSIONERS OF PITKIN
K.
Exhibit A
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LEGAL ACCESS
As described in the Proof of Ownership Section, the entire property is owned by Elam
Construction. The road which Elam Construction uses to access the pit is a county road. As Elam
Construction is the owner on the Trustee's Deed, they have sufficient legal access to the
property.
Parcel ID: 2643 - 161 -02 -010 Page 8 Vagneur Pit
r(MI4
This report will address conditions outlined in the Pitkin County Land Use Code Section 4 -30-
50(1) Snow Dumping/Trucking /Storage. Items 13 and 14 are suggestions recommended by Staff
in a memo to the Pitkin County Planning and Zoning Commission dated November 9, 2010.
1) Setbacks: The proposed snow storage area is located within the northern portion of the
approved gravel pit. A minimum of 100 -feet must be maintained between the snow
storage area and water courses. The setback for the storage area is approximately 250
feet south of Woody Creek and 900 -feet from the Roaring Fork.
2) Slopes: The proposed snow storage area is within a portion of the gravel pit that has
been previously mined and backfilled with clean inert material. The actual storage area
is flat in nature. Once the snow melts in the spring, the runoff will be contained within
the gravel pit.
3) Groundwater. As a condition of the mining Special Use permit, there is an existing
Water Resource Protection Plan (WRPP) in place. Previous hydrology studies conducted
for the original WRPP indicate the groundwater elevation varies from 18 to 40 feet
below the bottom of the mining excavation. The area designated for snow storage is
approximately 60 to 80 feet above the previously mentioned groundwater. In addition,
the WRPP also provides for monthly testing of ponded water, when present, to assure
there are no pollutants present. This testing protocol will include runoff generated
through the snow melt.
4) Floodplain: The gravel pit and snow dumping/storage area is not within a flood plain.
5) Surface Runoff. Since the snow storage is within an excavated gravel pit, the area is
depressed and any runoff resulting from melting snow will be contained within the
excavated area.
6) Dumping into a waterway or water -body: The snow storage area is within an excavated
gravel pit. The snow will be contained within the excavated area of the gravel pit with
no danger of being pushed into a water way.
7) Refuse removal /disposal: Debris will not be allowed to accumulate on the snow
storage /dumping area. Any debris remaining after the spring melt will be collected and
will be treated as, and disposed of as solid waste.
8) Scenic Impact Consideration: The area identified as snow storage is within the
excavated gravel pit and is bordered by a 10 -foot high berm.
9) Revegetation: The recently approved expansion of the gravel pit provides for a 20 -year
operation of sand and gravel extraction and processing along with asphalt /concrete
operations. Once these operations terminate, the proposed use of snow
Parcel ID: 2643-151-02-010 Page 9 Vagneur Pit
000015
dumping /storage will also terminate. The site will then be reclaimed, including grading
and seeding, per the reclamation plan that has been approved by both the State Division
of Reclamation, Mining and Safety and Pitkin County.
10) Trips: The proposed hours of operation for dumping snow at the proposed storage
facility will be the same hours approved for the gravel pit operations. Those hours of
operation are 7:00 AM to 7:00 PM, Monday through Saturday. The number of truck trips
can vary ad widely as the weather itself. During an average snowfall, approximately 40
dump truck loads a day is expected. However, during an exceptionally heavy snow storm
the number of truck loads can be expected to more than double to approximately 100
loads per day. These truck trips are not considered in addition to the normal truck traffic
generated from the gravel pit operations. During the winter months, gravel pit
operations are very minimal.
11) Noxious Weed Control: The snow storage area is located within an approved permitted
gravel pit. The gravel pit has, as part of the County Use Permit, an approved Weed
Management Plan. This same Weed Management Plan encompasses the proposed
areas of snow storage.
12) Snow dump sites shall be sited at least 200' from private wells and public water
systems: There are no private wells or public water systems within 200' of the proposed
snow dump site. This has been confirmed by viewing documents available through the
Colorado Division of Water Resources.
13) Property Line Setback: The snow dump site shall be located at least 50' from a property
line. The proposed snow dump /storage site is located approximately 65' from the
northern property line and 70' from the southern property line.
14) Soil Testing: The Snow dump site shall be tested in the Spring, after the dumping site
has melted. An applicant for an initial snow dumping site shall provide soil test results in
their application to the Community Development Department. The following
contaminates shall be tested for: Volitile Petroleum Hydrocarbons (VPH); Extractable
Petroleum Hydrocarbons (EPH); BTEX; Oil and Grease. Sampling shall occur on each acre
of the existing or proposed snow dump site. Samples were obtained from the previous
snow dump site in September prior to the County establishing testing perameters. Tests
were performed on test samples for BTEX and Total Recoverable Hydrocarbons.
Samples were obtained from two locations: one within the previously permitted snow
dump area and the second located on the same bench but outside the designated snow
dump area. The results are listed below:
Parcel ID: 2643-161-02-010 Page 10 Vagneur Pit
nnnnl6
PRE- APPLICATION CONFERENCE SUMMARY
Attached is a copy of the Pre - Application Conference Summary.
Parcel ID: 2643-161-02-010 Page 11 Vagneur Pit
000017
PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY
LOCATION: 7911 Upper River Road PHN1 2643- 161 -02 -010
OWNER(S): Elam Construction, Inc PHONE and EMAIL: 970 - 242 -5370
gayle.lyman@elamconstruction.com
REPRESENTATIVE: Gavle Lyman_
DATE: November 23, 2010 PLANNER: Mike Kraemer, 920.5482
Type of Application: Special Review for Commercial Snow Storage
Description of Project/Development: The Applicant is requesting Special Review to establish a snow storage operation.
Land Use Code Sections to be addressed in letter of request (application):
Sec. 2- 30- 30(h): Special Review
Sec. 4- 30- 50(I): Use Specific Standards for Snow Dumping/Trucking/Storage
Staff will refer the application to the following agencies:
Review by: BOCC.
Public Hearing: Yes. The Applicant shall post a public notice sign on the property at least 15 days prior to the hearing
and shall mail notice to all property owners within 300' of the subject property at least 30 prior to the hearing with the
return address of the Community Development Department (copy of the notice to be obtained from the Community
Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they
appear no more than 60 days prior to the date of the public hearing.
FEES: $1,457
• Planning Office flat fee: $1,248 non - refundable; based on 4 hours of staff time. If staff review time exceeds 4.8 hours, the
Applicant will be charged for additional time above 4 hours at a rate of $312/hour)
• Public Notice Fee: $54
• Web Technology Fee: $25
• Clerk Fee: $130
To apply, submit 7 (2 unbound) copies of the following information, unless noted otherwise:
1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing
compliance with the Code sections listed above.
2. 24" by 36" and 11" by 17" Site Plan showing compliance with Section 4- 30 -50(I)
3. Previous Land Use Approvals (if applicable);
4. Proof of ownership of subject property;
5. Parcel description, including legal description and vicinity map;
6. Total fee for review of the application;
7. Signed fee agreement (1 copy);
8. Consent from owner(s) to process application and authorizing the representative (I copy)
9. List of all property owners and mineral estate owners within 300' of the subject property (1 copy)
10. Copies of this pre-app form
000018
NOTES
➢ PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPYOF YOUR COMPLETE APPLICATION PLEASE SUBMIT TWO -SIDED COPIES
OFALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ONALL DOCUMENTS
INCLUDED IN YOUR APPLICATION.
➢ ALL MAPS SHALL BE FOLDED.
➢ This pre - application conference summary is advisory in nature and not binding on the County. The information provided in this summary is
based on current zoning standards and staffs interpretations based upon representations of the applicant. Additional information maybe
required upon a complete review of the application.
➢ The Land Use Code is available on -lhse at hap ✓ /www.aspenpitkin.com/depts/71/
➢ The Land Use Application manual is available on -line at
hap✓/ www .aspenpitkin.com/pdfs/depts/7 /Land Use Application NlanuaLpdf
00 0019
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter "COUNTY ") and
(hereinafter "APPLICANT") AGREE AS FOLLOWS:
Z
1. APPLICANT has submitted to COUNTY an application for C 'o..n.o; tr a 0 a f
�5n o L✓ cS ; r a g G (hereinafter, the "PROJECT").
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 09 -2010 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. The fee structure is based on the COUNTY'S policy that development shall pay, in full, the
cost of development review in the COUNTY. Fees have been set to be consistent and fair to the public and to reflect the
expense incurred in providing such services to the public.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed PROJECT, it
may not be possible at the time of application to ascertain the full extent of the costs involved in processing the
application.
4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall
accumulate if an application includes more than one type of land use review.
5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete
processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to
enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project
approval, unless current billings are paid in full prior to decision.
6. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to collect full
fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $
which is based on _ hours of staff time, and if actual time spent by staff to process the application exceeds the average
number of hours by more than 20 %, then the COUNTY will bill the APPLICANT quarterly for the additional time spent.
Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay
such accrued costs shall be grounds for suspension of processing.
PITEINCOUNTY fle� eOM-5tr.c7. ZnG,
(- APPLICANT")
Cindy Houben
Community Development Director
By -,[ 1,.1
yuV /G �yyh AH �/`00 Gr Ly
nt Nam and Ti a (if a�cable) / (/
Date: //- .3 O - /o
Mailing Address: S j S Tp otl, e.rs /Op e-,
Gra"J ;T VncXge 7 C O 0 /.i o/
000020
ASPEN FIRE PROTECTION DISTRICT ASPEN SPORTS CAR CLUB LLC B WILLSON ENTERPRISES INC
420 E HOPKINS AVE PO BOX 549 PO BOX 82
ASPEN, CO 81611 WOODY CREEK, CO 81656 WOODY CREEK, CO 81656
BATINKOFF RANDALL M 1/3 BOWERS THOMAS J BRAUN WILLIAM
516 CROSS RIVER RD 408 S HUNTER ST PO BOX 337
KATONAH, NY 10536 ASPEN, CO 81611 WOODY CREEK, CO 81656
BROWN COLLEEN M COLANERI JUDITH LUCIA CRAIG KATHLEEN
405 D AABC PO BOX 8653 49 MCGEE RD
ASPEN, CO 81611 ASPEN, CO 81612 GREAT BARRINGTON, MA 01230
DEYOUNG MARK R DINSMOOR WILLIAM P J & JANE K A ECKARDT DAVID W
PO BOX 333 PO BOX 121 PO BOX 457
WOODY CREEK, CO 81656 WOODY CREEK, CO 81656 WOODY CREEK, CO 81656
HALL ANDREW D
KRILL GARY G & DORIS AUDREY
LIEBMANN LEE M
PO BOX 194
PO BOX 143
PO BOX 10
WOODY CREEK, CO 81656
WOODY CREEK, CO 81656
WOODY CREEK, CO 81656
MANAUS FUND
MOONEY MAUREEN JULIENNE
PATRICK KEVEN L
WENDEL ANDREA M
PO BOX 2026
BOX 401
730E AVE #200
CARBONDALE, CO 81623
WOODY CREEK, CO 81656
ASPEN, , CO CO 81611
PITKIN COUNTY
PRINCE CLIFTON H
RICHMOND ROBERT L & JUDITH L
530 E MAIN ST #302
PO BOX 234
PO BOX 6875
ASPEN, CO 81611
WOODY CREEK, CO 81656
SNOWMASS VILLAGE, CO 81615
ROLAND ANNE S SAUCEDO JOSE HUGO SCHLEIN RICHARD
PO BOX 9968 PO BOX 1991 PO BOX 44
ASPEN, CO 81612 BASALT, CO 81621 WOODY CREEK, CO 81656
SLOEZEN ROBERT THUILLIER ROBERT P TOPPINO JON PAUL
PO BOX 284 PO BOX 392 11150 SANTA MONICA BLVD
WOODY CREEK, CO 81656 WOODY CREEK, CO 81656 LOS ANGELES, CA 90025
VILLALOBOS JUAN ANTONI VOLCKHAUSEN WILLIAM WAGNER MONA LISA
PO BOX 342 PO BOX 7046 156 WOODY CREEK PLAZA
WOODY CREEK, CO 81656 SNOWMASS VILLAGE, CO 81615 WOODY CREEK, CO 81656
000021
WELLS KAREN E WESTERN MOBILE NORTHERN INC WINSTON GORDON R 1/3
3470 RIDGEWOOD RD 18301 W COLFAX AVE #R1 516 CROSS RIVER RD
ATLANTA, GA 30327 GOLDEN, CO 80401 KATONAH, NY 10536
WOLKOFF STEPHANIE WINSTON 1/3
791 PARK AVE #2A
NEW YORK, NY 10021
WOODY CREEK CENTER CONDO
ASSOC
0002 WOODY CRK PLAZA
WOODY CREEK, CO 81656
WOODY CREEK DEVELOPMENT CO
6804 2ND ST /FRED HARTMEISTER
LUBBOCK, TX 79416
WOODY CREEK MOBILE HOA
PO BOX 95
WOODY CREEK, CO 81656
000022
PUBLIC NOTICE
RE: Elam Construction Inc. 2010 -2011 Special Review for Commercial Snow
Storage
(CASE# P105 -10; PID 2643 - 161 -02 -010)
NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday,
January 26, 2011 at a regular meeting to begin at 12:00 PM or as soon thereafter as the
conduct of business allows, before the Board of County Commissioners, Plaza One
Conference Room, 530 East Main Street, Aspen to consider an application submitted by
Elam Construction Inc (556 Struthers Ave., Grand Junction, CO 81501) for a commercial
snow storage operation. The property is located at 7943 Upper River Road and is legally
described as: Parcel 1 - a tract of land in Section 16, Township 9 South, Range 85 West
of the 6` P.M. and Parcel 2 — beginning at the SW corner of the NE `/4 of Section 16,
Township 9 South, Range 85. The State Parcel Identifications for this property are 2643-
161 -02 -010. The application/resolution are available for public inspection in the
Community Development Department, City Hall, 130 S. Galena St., Aspen CO 81611.
For further information, contact Mike Kraemer at (970) 920 -5482.
Jeanette Jones, Deputy County Clerk
Board of County Commissioners
Published in the Aspen Times Weekly on December 26, 2010.
Attention Applicant/Representative:
It is your responsibility to do the following:
1. Mail this Public Notice to all property owners and mineral estate owners within
300' of the subject property at least 30 days prior to the hearing with the return
address of the Community Development Department. The names and addresses
shall be those on the current tax records of Pitkin County as they appeared no more
than 60 days prior to the date of the public hearing
2. Submit the Affidavit of Notice by Posting & Mailing (previously sent to you with your
applicant letter) as proof of compliance with the Code at the hearing.
3. Pick up Public Notice sign from the Pitkin County Community Development
Department, 130 South Galena Street, Aspen, CO (970) 920 -5526
4. Post the Public Notice sign on the property at least fifteen days (15) prior to the
hearing
5. Remove the Public Notice sign within one week after hearing date
County of Pitkin } AFFIDAVIT OF NOTICE &
} ss. MAILING PURSUANT TO
State of Colorado } PITKIN COUNTY LAND USE
CODE SECTION 2 -20 -100
1, 4 a /z X .+a a tx , being or representing an
Applicant to the PAin County Development Department, personally certify that I have complied with
the public notice requirements pursuant to Section 2- 20-100 of the Pitkin County Land Use Regulations
in the following manner:
By mailing of notice, a copy of which is attached hereto, by first - class, postage prepaid U.S. Mail at
least 30 days prior to the public hearing to all owners of property within 300' to the subject
property, as indicated on the attached list, on the 1 day of Ds c , 201 O(which is %1 days prior
to the public hearing date of TR H 96 ). The names and addresses of the adjacent property owners
shall be those on the current tax record's otPitkin County as they appeared no more than 60 days
prior to the public hearing.
2. By mailing of notice, a copy of which is attached hereto, by first -class, postage prepaid U.S. Mail at
least 30 days prior to the public hearing to the owner(s) of the mineral estate underneath the subject
property, as indicated on the attached list, on the _ day of , 201_ (which is _ days prior
to the public hearing date of ). The names and addresses of the mineral estate owners shall
be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to
the public hearing.
3. By posting a sign in a conspicuous p lace on the subject property (as it could be seen from the nearest
public way) on the E!j day of a in , 201_1, which is at least fifteen (15) days prior to the
public hearing. A photograph of the posted sign is attached hereto.
" P-7 dnw,r elf "191115 ..Z
Applicant's name
Signature PiePerZy ir/. „
E/ 4 Ce ” J fr✓cT. n S5
./'
Signed before me thiday ofL Cu
201Lby n
WITNESS MY HAND AND O IAL SEAL
My commission expires: D /
iff - J 1
w e.
F EES
,a%ii
O
I 5
(Attach photograph here)
ASPEN FIRE PROTECTION DISTRICT ASPEN SPORTS CAR CLUB LLC B WILLSON ENTERPRISES INC
420 E HOPKINS AVE PO BOX 549 PO BOX 82
ASPEN, CO 81611 WOODY CREEK, CO 81656 WOODY CREEK, CO 81656
BATINKOFF RANDALL M 1/3 BOWERS THOMAS J BRAUN WILLIAM
516 CROSS RIVER RD 408 S HUNTER ST PO BOX 337
KATONAH, NY 10536 ASPEN, CO 81611 WOODY CREEK, CO 81656
BROWN COLLEEN M COLANERI JUDITH LUCIA CRAIG KATHLEEN
405 D AABC PO BOX 8653 49 MCGEE RD
ASPEN, CO 81611 ASPEN, CO 81612 GREAT BARRINGTON, MA 01230
DEYOUNG MARK R DINSMOOR WILLIAM P J & JANE K A ECKARDT DAVID W
PO BOX 333 PO BOX 121 PO BOX 457
WOODY CREEK, CO 81656 WOODY CREEK, CO 81656 WOODY CREEK, CO 81656
HALL ANDREW D
KRILL GARY G & DORIS AUDREY
LIEBMANN LEE M
PO BOX 194
PO BOX 143
PO BOX 10
WOODY CREEK, CO 81656
WOODY CREEK, CO 81656
WOODY CREEK, CO 81656
PATRICK KEVEN L
MANAUS FUND
MOONEY MAUREEN JULIENNE
WENDEL ANDREA M
PO BOX 2026
BOX 401
730E AVE #200
CARBONDALE, CO 81623
WOODY CREEK, CO 81656
ASPEN, , CO CO 8 81 1611
PITKIN COUNTY
PRINCE CLIFTON H
RICHMOND ROBERT L & JUDITH L
530 E MAIN ST #302
PO BOX 234
PO BOX 6875
ASPEN, CO 81611
WOODY CREEK, CO 81656
SNOWMASS VILLAGE, CO 81615
ROLAND ANNE S SAUCEDO JOSE HUGO SCHLEIN RICHARD
PO BOX 9968 PO BOX 1991 PO BOX 44
ASPEN, CO 81612 BASALT, CO 81621 WOODY CREEK, CO 81656
SLOEZEN ROBERT THUILLIER ROBERT P TOPPINO JON PAUL
PO BOX 284 PO BOX 392 11150 SANTA MONICA BLVD
WOODY CREEK, CO 81656 WOODY CREEK, CO 81656 LOS ANGELES, CA 90025
VILLALOBOS JUAN ANTONI VOLCKHAUSEN WILLIAM WAGNER MONA LISA
PO BOX 342 PO BOX 7046 156 WOODY CREEK PLAZA
WOODY CREEK, CO 81656 SNOWMASS VILLAGE, CO 81615 WOODY CREEK, CO 81656
Q
WELLS KAREN E
3470 RIDGEWOOD RD
ATLANTA, GA 30327
WOLKOFF STEPHANIE WINSTON 1/3
791 PARK AVE #2A
NEW YORK, NY 10021
WOODY CREEK MOBILE HOA
PO BOX 95
WOODY CREEK, CO 81656
WESTERN MOBILE NORTHERN INC
18301 W COLFAX AVE #R1
GOLDEN, CO 80401
WOODY CREEK CENTER CONDO
ASSOC
0002 WOODY CRK PLAZA
WOODY CREEK, CO 81656
WINSTON GORDON R 1/3
516 CROSS RIVER RD
KATONAH, NY 10536
WOODY CREEK DEVELOPMENT CO
6804 2ND ST /FRED HARTMEISTER
LUBBOCK, TX 79416
Michael Kraemer
From: Gayle Lyman [Gayle .Lyman @elamconstruction.com]
Sent: Monday, January 24, 2011 11:39 AM
To: Michael Kraemer
Attachments: Vagneur Pit DWR Map.pdf
httD:/ /water. state. co .us /DataMaDs /GISandMaps /AquaMap /Pag /default.aspx
Mike
I have attached the link to the State Division of Water Resources web site to review well
locations. Also attached is PDF map of Elam's gravel pit with well locations as shown on the
State site. As you and I have discussed, the state shows three "dots" indicating wells
located within Elams mined gravel pit. The location of these wells are in error. Two of the
wells (red dots) are Monitor Holes listed to the Woody Creek Post Office and Fire Station.
The green dot is Permit 31707 issued to Walter Stroud. The location of this well is also in
error, as there is no well located within the excavated gravel pit.
If you want to access the DWR AQUAMAP, click the link above and then click on "Accept the
Disclaimer and Open AQUAMAP ". Fill in the location information, S16, T9S, R85W and click
quick zoom. Then click zoom to section in the icon box. On the data display, check background
and water well application to display an aerial view along with the permitted well. Click on
the information icon in the upper right of the display. Information on the wells will display
when you run your mouse curser over the well.
Call if you have questions.
Gayle Lyman
Property /Environmental Manager
Elam Construction, Inc.
Phone: 970 -242 -5370
Mobile: 970- 260 -9902
Fax: 970 - 245 -7716
Email: ¢ avle .lvmanC@elamconstruction.com
Website: www.elamconstruction.com
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PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 S. Galena Street
Aspen, Colorado 81611
(970) 920 -5526 FAX # (970) 920 -5439
December 10, 2010
Gayle Lyman
556 Struthers Ave.
Grand Junction, CO 81501 -3826
Gavle Iymangelamconstruction.com
Re: Elam Construction Inc. 2010 Special Review for Commercial Snow Storage
(PID 2643- 161 -02 -010; Case P105 -10)
Dear Mr. Lyman:
The Planning Office has completed its preliminary review of the captioned application. We have
determined that this application is complete. After a more detailed review of the submittal
information, additional information specific to the application may be requested in order to
adequately review and process the application. The planner in charge of the review will request
the information from you directly.
We have scheduled this application for review at a public hearing by the Board of County
Commissioners on Wednesday, January 26, 2011 at a meeting to begin at 12:00 P.M. in the Plaza
One Conference Room, 530 East Main Street, Aspen. Should this date be inconvenient for you,
please contact me within 3 working days of the date of this letter. After that the agenda date will be
considered final and changes to the schedule or tabling of the application will only be allowed for
unavoidable technical problems. The Friday before the meeting date, we will call to inform you that
a copy of the memo pertaining to the application is available at the Planning Office.
Please note that it is your responsibility to post a public notice sign on the property at least fifteen
days prior to the hearing (and remove it within one week after) and to mail notice to all property
owners and mineral estate owners within 300' of the subject property at least 30 days prior to the
hearing with the return address of the Community Development Department (copy of notice will
be sent to you by the Community Development Department). The names and addresses shall be
those on the current tax records of Pitkin County as they appeared no more than 60 days prior to
the date of the public hearing. Please submit the enclosed Affidavit of Notice by Posting & Mailing
as proof of compliance with the Code at the hearing.
If you have any questions, please call Mike Kraemer, the planner assigned to your case, at 920 -5482.
Sincerely,
Bonnie Waechtler
Administrative Assistant
Encl: Affidavit of Notice (Code Section 2 -20 -100)
PITIUN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920 -5526 FAX (970) 920 -5439
MEMORANDUM
TO: Woody Creek Caucus
FROM: Mike Kraemer, Community Development Department
Michael .kraemer(a�co.pitkin.co.us
RE: Elam Construction Inc. 2010 Special Review for Commercial Snow Storage,
(CASE P105 -10; PID 2643 - 161 -02 -010)
DATE: December 10, 2010
Attached for your review are materials for an application submitted by Elam Construction Inc. The Board of
County Commissioners will review the application on Wednesday, January 26, 2011.
Please return your comments to me by Friday, January 14, 2011.
http• / /www aspeLipitkin com/ Portals /0 /docs /county /Com %2ODev /Planning /Land Use App lications/
P105 10 app.pdf
If you require a paper copy of this application contact Bonnie Waechtler at
bonnie .waechtler(aDco.pitkin.co.us or 920 -5109.
Thank you.
PITKINPUNTY COMMUNITY DEVEL,,)PMENT
Permit Receipt
RECEIPT NUMBER 00030178
Name: ELAM CONSTRUCTION INC I Date:12/2/2010
Project Address: 7911 UPPER RIVER RD
Type: check
#085948
Permit Nu
Fee D escripti on
Amount
0105.2010.PLAN
PP- Flat Fee
1,248.00
0105.2010.PLAN
PP- Clerk Fee
130.00
0105.2010.PLAN
PP- Clerk Tech Fee
25.00
0105.2010.PLAN
PP- Public Notice Fee
54.00
Total:
1,457.00