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Home My WebLink Aboutpitkin.bldg.273521400004 (2014)DOCUMENT LAYOUT Certificate of Occupancy or Letter of Completion Permits Final Inspections Any Supporting Documents Site Plans (NOTE: All structural plans will be grayed out. If you require the ability to see structural plans, you must have a letter from the owner stating you are allowed to have plans. This letter must be submitted to Pitkin County Community Development Department) PERMITS CLEARING, GRUBBING AND EARTHMOVING PERMIT APPLICATION 130 S Galena Street. Aspen, CO .81611 970-920-5526 Fax 970-920-5439 Permit • www.asoenoitkin.com /n( Rece[Dt 11 VALID PERMIT MUST BE KEPT ON SITE AT ALL TIMES Permit valid for one year unless otherwise specified. 1. Jot Addm() Bulkley Road _ CELL5r) po— lo(ZJ3et—V-- 2. Legal description of property: Attached EX. B 3. Owner(s)'s Name: Contact Number. Mailing Address: Celestial Land Co. 303-382-6200 Fognani & Fought PLLC 1700 Lincoln St. Ste. 222 Denver CO 80203 4. Owner's Authorized Agent: Contact Number. Mailing Address: Patrick Rowley 970-925-7401 PO Box 9715, Aspen, CO 81612 5. Contractors Name: Contact Number. Mailing Address: Stutsman Gerbaz Earthmoving 970-923-2734 30376 State HWY 82 Snowmass, CO 81654 6. Architect or Engineer on Record: Contact Number. Mailing Address: Stan Clauson Associates, Inc. 970-925-2323 412 N. Mill St. Aspen, CO 81611 7. Parcel ID number of property where work will occur. Check hftp:lty.aspenpilkin.com/)epartnents/Assessor or call the 273521400004 Pitkin County Assessors Office at 970-920-5160 for the parcel ID number. 8. Property also known as: (Provide a detailed map showing the location at legible scale) Attached Ex. C 9. Land use approval number(s): 10. Type of work: Berm(s) Trench(es) Trail(s) Undergrounding Utilities Ponds (s) or other water diversion(s) Clearing/Grubbing Site Grading Other: 11. Type of material to be excavated or placed on property: 11 a. Material will be brought from: NA 11 b. Is the material possibly contaminated? Yes No 11 C. Excavated material will be taken to: NA 12. Description of work: Provide access for drill ria for soil borinas and backhoe for septic Drofile. Total acreage or square footage of disturbance:approx. 0.3 acre. (375 SF at each boring location and minimal Total cubic yards of material moved: 0 clearing for access to boring locations) 4t4 e -v r.-( 0 . d-� Max cut depth: NA Max fill depth: NA 13. Will the project result in disturbance of a 1 acre of land? Yes No 13a. If you answered "Yes", submit a copy of your state Construction Stormwater Permit or R -Factor waiver. Information on this permit is available at: http:/hn .cdphe.state.co.us/vq/PennilsUnit/stormwater/constmction.html. 14. Is any portion of the project already complete? Yes _ If yes, give reason and date(s) of prior construction activity. Borings along existing driveway, that did not require any clearing and grubbing, have been completed. 15. Will the project disturb/result in removal of any vegetation? Yes No 15a. If you answered "Yes" submit a revegetation plan. including a plant list with scientific names of species, planting schedule and method of irrigation. The County's Revegetabon Guidelines are available at: http://www.aspenpdkin.oom/DepartmentslPublio-WorkslLand- Managemenl. Refer to Ex. A for seed mix. Irrigation to be provided by water truck as necessary until seed is established. 15b. How will you prevent the establishment of noxious weeds at the project? Disturbed areas to be inspected in early spring of 2015 & emergents treated as necessary. 16. Will the project result in disturbance of any wetlands or riparian areas? Yes No 16a. If you answered "Yes", submit a description of your revegetation/mitigation plan, including a plant list with scientific names of species, planting schedule and method of irrigation. Also submit a copy of your U.S. Army Corps of Engineers Sec. 404 permit in connection vnt any disturbance of "jurisdictional waters" of the U.S. Contact the U.S. Arany Corps of Engineers in Grand Junction(970x243-1199a for information on Sec. 404 permit requirements. 6i — CAh�r'�-iOr15 cr' \S Q.r 11 SotL S/f}OCESS/f1oL_ES : moSA 6c S+r- b;Ii to d 0 CcxwpL -+F l 1 of I hiS �rnn I Earthmoving Permit 2011.x1s *S61 LS 01S-1111 PW�GIEb 21 N1 UST laE Sfs"'t;�'J GIJ �S+"I LI-l&G -* mUnrrusz PNU VVVT16PP 17E FOP, %•JEt-bS FOP- A PC1lZICN3a) 3 seasons posi net wok crnM vie -M Or" 17. Will the project involve work in the Pitkin County Right of Way? Yes N o 17a. if you answered *Yes's County Right of Way Work Permit must be obtained prior to commencing work. Information on this permit is available at: http:/Avww.aspenpitkin.com/Departments/Public-Works/Engineedng-Road-Bridge or by calling Public Works at 970-920- 18. Will the project disturb/involve work in the 100 -year flood plain? Yes _ No 18a. If you answered 'Yes* a County Floodplain Development Permit must be obtained prior to commencing work. Information on this permit is available et http:/Avww.as penpilkin.com/Departments/Community-Development-Pitkin-County/Planning-and-Zoning/Land-Use- Engineering/. Having carefully read the requirements, I (Applicant) hereby agree to the terms and conditions described within. This form Is a permit only when validated by County staff. Work started without a permit will be subject to Pitkin County enforcement action and charged double permit fees. 19. Signature of Applicant: O ' _/` Tia. Date: 20. Signature of Property Owner(s): 20a. Data: FOR STAFF USE ONLY DO NOT WRITE BELOW THIS LINE): 21. Additional Terns and Conditions of Permit (check all that apply): At the time of issuance of this permit you are required to post $ as financial security to ensure successful completion of your revegetation plan. These monies will be held for two growing seasons from the date of completion of the project and will only be released at that time if a site visit by Pitkin County Zoning confirms that successful revegetation has been accomplished. Applicant is obligated to contact Pitkin County Zoning (970-029-2799) to schedule the required two-year site visit. The monies will be forfeited if successful revegetation is not confirmed after two growing seasons, or if Applicant fails to timely schedule the required site visit. Documentation of decreed water rights is required. Doc umentation of State Engineer approval of a jurisdictional sized dam, or documentation of filing of a Notice of Intent to Construct a Non -Jurisdictional Water Impoundment Structure (in the case of non -jurisdictional size dam) is required. Other. Minor Clearing, Grading, Grubbing and Earthmoving Permit Application (less than 100 cc): $415.00 (Flat fee due at submittal) Major Clearing, Grading, Grubbing and Earthmoving Permit Application (more than 100 c)): $643.00 (Flat fee due at submittal) The following additional referral fees may be required to be paid prior to Issuance of this permit for major projects: County Engineer Referal Fee: $225 Additional Flat Fee for Applications Involving large Scale Undcrgrounding of Utilities & Earthmoving Projects 225 You will also be invoiced by Pitkin County Staff for any review and follow up inspection time exceeding 3 hours at a rate of $1501hr Date Permit Applicattor Permit Flat Fee (due at submitral): I1 11 ( `- Check a Received: U Additional Fees(duea(muance): ('heck n TOTAL FEE (no refunds): Date Permit Inuedi 22. StsffComments: 23. Approved by Pitkin County Engineer (if req'd): 23a. Date: 24. Approved by Pitkin County revegetation specialist: 24a. Date: /v 25. Approved by Pitkin County Planning/Zoning: 25a. Date: Earthmoving Permit 2011.x1s /� 81.11 FINAL INSPECTIONS OK To Close C. Christoff APPLICATON MATERIAL woe N, ssih�ossrxosnn�xYis0 x0-.09 :31vos H1NON — ,oar .os ,oe .o 13MT lN3dnU_ vINLOd - WON A3ISIl Q > r O P \ � � 1 \ 8 m m i� Q bg� g CD � o n3 Q 00 C Hy 3 • >N i 'dAl NOIlvOOI `JP i REVEGATATION SEED MIX 40 lbs./acre 30% Orchardgrass 25% Western wheatgrass 25% Smooth brome 10% Timothy 10% Columbia needlegrass EXHIBIT A Dactylis glomemta Agropyron smitltii Bromus inermis Pitleum protense Achnathrum nelsonii 01172014(��ll Pitkin County OCT 10 20014 Community Development 011:7201y}HL T EXHIBIT B A PARCEL OF LAND. SITUATED IN TER NEST 1/2 NORTHWEST 1/4 SECTION 22 AMID SOUTHEAST 1/4 NORTHEAST 1/4 SECTION 21, TOWNSHIP 10 SOUTH, RANGE BS NEST OF THE 6TH PRINCIPAL MERIDIAN, PITEIN COUNTY, COLORADO. BEING MORE PARTICOLARLY DESCRIBED AS FOLLOWS, ' BEGINNING AT THE NORTHEAST CORNER OF SAID WEST HALF OF THE NORTHWEST QUARTER OF SECTION 22) THENCE FOLLOWING THE VAST LINE OF THE NORTHHEST QUARTER OF SECTION 22 SOUTH 00 DEGREES 331 03" EAST 792.29 DEBT TO A POINT ON THE NORTHERLY LINE 01) A TRACT OF LAND DESCRIBED IN BOOK 276 AT PACE 668 IN THE PITKIN COUNTY RECORDS) THENCE FOLLOWING THE NORTHERLY LINE OF SAID TRACT 46.626 FEET ALONG THE ARC OF THE CURVE TO THE RIGHT NAVIN(; A RADIUS OF 707.00 FEET, A CENTRAL ANOLE OF 03 DEGREES 66' 43" AND WHOSE CORD BEARS SOUTH 66 DECREES 401 17" WEST 46.618 PEET ALONG THE EASTERHOST CORNER OF WHAT IS NOW KNOWN AS TIDE BULKLSY TRACT) THENCE FOLLOWING SAID NORTHEASTERLY UNE NORTH 12 DEGREES 23' 00" WEST 72.79 FEET) THENCE FOLLOWING SAID NORTHEASTERLY LINE BOOM 70 DEGREES 30' 00• WEST 67.00 PEET) THENCE FOLLOWING SAID NORTHEASTERLY LINE NORTH 68 DEGREES 39' 00^ WEST 168.00 FRET) THENCS FOLLOWING SAID NORTHEASTERLY LINE NORTH 52 DEGREES 48' 00• WEST 226.87 FEET TO THE HORTHSRRHOST CORNER OF SAID SULKLBY TRACT) THENCE FOLLOWING THE NORTHWESTERLY LINE OF SAID SUI.RLSY TRACT SOUTH 26 DEGREES 121 00" WEST 179.39 PEET TO THE NORTHEAST CORNER OF PARCEL ONE OF THE T LAZY 7 RAHCN SUBDIVISION) THENCE FOLLOWING THE NORTHERLY AND WESTERLY LINES OF SAID PARCEL ONE TUB FOLLOWING COURSES AND DISTANCES, WEST 697.86 FEET, SOUTH 666.00 PEET, SOUTH 66 DEGREES 30' 26^ WEST 1374.50 PEET, AND SOUTH 366.00 FEST) THENCE DEPARTING THE WESTERLY LINE OF SAID PARCEL ONE WEST 128.83 FEET TO THE INTERSECTION WITH THE WEST LIMB OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 211 THENCE FOLLDWING SAID WEST LINE NORTH 00 DECREES 50' 17^ WEST 970.23 FEET, THENCE FOLLOWING THE NORTH LIMB OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER NORTH 89 DEGREES 41, 43" BAST 1339.69 FEST TO THEJWST LINE OF THE WEST HALF OF THE' NORTHWEST QUARTER OF SAID SECTION 22, THENCE FOLLOWING SAID WEST LINE NORTH 01 DECREES 41' 17" WEST 1323.04 PERT, THENCE FOLLOWING THE NORTH LINE OF SAID WEST HALF OF THE NORTHWEST QUARTER NORTH 89 DEGREES 47'43^ EAST 1326.48 FEET TO THE POINT OF BEGINNING ' COUNTY OF PITKIN,STATR OF COLORADO. lrtkin County OCT 10 2014 Community Development l /' 46 USFS 2, EXHIBIT C o ;z,j a rb 1/ I N: STAN CLAUSUN ASSOCIATESIn.. m itrnwTECH. Mc. ZI�RI�OOODg CElE4Ilnt uRo co �m Z O ", is Tlgg169g0pp5 RGRgMl FORK UWD6GTfLE W R 0 2I6 gg0 m g g STAN CLAUSON ASSOCIATES INC landscape architecture. planning. resort design 412 North Mill Street Aspen. Colorado 81611 t 970/925-2323 f-970/920 1628 info@scaplanning.com www.scaptanning.com 13 April 2015 Mr. Lance Clarke, AICP Pitkin County Community Development 130 S. Galena Street, 31d Floor Aspen, CO 81611 Re: Celestial Land Co. / Clearinq, Grubbinq, and Earthmoving Permit Application Dear Lance On behalf of our client, Celestial Land Company Limited ("Celestial"), we hereby renew our request for approval of the Clearing, Grubbing and Earthmoving Permit Application ("Permit Application") submitted by Celestial on 10 October 2014. Celestial applied for the Clearing, Grubbing and Earthmoving Permit ("Permit") so that certain geotechnical investigations could be made on Celestial's property in support of an eventual building permit application (notwithstanding previous indications from the County, reinforced by longstanding practice, that the limited activities being contemplated would not require such a permit). We have confirmed with Susan Pearson that she has Celestial's Permit Application in her possession and is awaiting further direction to move forward with processing the application. We have also confirmed that the required application fee of $415 paid by Celestial has not been refunded and that no additional fee is required in connection with the Permit Application. You will recall that the County did not allow the Permit to be issued last fall. Staff's position at the time was that the Building Envelope previously approved for Celestial's site under BOCC Resolution No. 13-2006 had been superseded by the new Activity Envelope and Site Plan approved under BOCC Resolution No. 84-2014. As the final plat has not yet been recorded memorializing the new Activity Envelope and Site Plan, staff maintained that a valid Activity Envelope was not in place that would allow for the proposed clearing and grubbing activities. Additionally, the County Attorney had apparently directed staff not to issue any permits for the Celestial site because a stay was in place as a result of Celestial's lawsuit challenging the denial under BOCC Resolution No. 84-2014 of Celestial's proposal to use two additional Transfer Development Rights ("TDRs") to construct a 13,250 square foot residence. In a letter to Cindy Houben and John Ely dated 9 December 2014, John Fognani, Celestial's attorney, pointed out that, according to the Land Use Code, the Building Envelope established by Resolution 13-2006 had actually not lapsed and was still technically valid until 5 July 2016. In his letter, Mr. Fognani also reiterated a request from an earlier letter to Ms. Houben and Mr. Ely, dated 24 October 2014, that the stay should be lifted at least for the limited purpose of issuing the Permit. In a letter dated 16 January 2015, Ms. Houben responded to Mr. Fognani that the County had considered Celestial's opinion that the Building Envelope had not lapsed and, while not entirely endorsing every aspect of Mr. Fognani's letter, allowed that the Building Envelope "has some validity until July 5, 2016." However, Ms. Houben also provided that regardless of the validity of the Building Envelope, no permit would be issued as a stay was in effect due to Celestial's lawsuit. As you may already be aware, by Order dated 31 March 2015, the District Court in Pitkin County officially dismissed Celestial's lawsuit pursuant to a Stipulation of Dismissal filed jointly �N I by Celestial and the County on17 March of 2015. With Celestial's case against the County dismissed and confirmation that the Building Envelope is still valid, we respectfully request that the County proceed to process Celestial's Permit Application and issue the subject Permit at the earliest possible date. Please call me with any questions. Very truly yours, A� _ Patrick S. Rowley, AICP, ASLA Stan Clauson Associates, Inc. Attachments / —;,6 /S is 1; :. ,, liill January 16, 2014 John D. Fognani ' Fognani & Faught, PLLC 1801 Broadway, Suite 800 Denver, Colorado 80202 RE: Letter -to Houben/Ely, December 9, 2014 Dear Mr. Fognani: We have considered your opinion that the Building Envelope established by BOCC Resolution No. 013-2006 has not "lapsed" and has some validity until July 5, 2016. We agree with portions of your position: This "Building Envelope" could be utilized for some limited activities. However, the envelope is no longer vested, and therefore the envelope could. not be used for any activities that would require Site Plan Review. There is no provision for an extension.of "lapsing". Regardless, no permits for this property may be accepted or issued as a "stay" is in effect due to the litigation Celestial has filed against the County. Sincerely, li !i'7 ( C7a.1 e iv Cindy�iuben, AICP Director, Community Development Department Copy: John Ely, County Attorney 130 S. Galena Street Aspen, Colorado 81611 (970)920-5090 fax 920-5439 www.pitkingoi.com 0 DISTRICT COURT, COUNTY OF PHKIN, COLORADO Court Address: 506 East Main Street, Suite 300 Aspen, Colorado 81611 Telephone: 970-925-7635 PLAINTIFF: CELESTIAL LAND COMPANY LIMITED, a Colorado Limited Liability Company, V. DEFENDANT: BOARD OF COUNTY COMMISSIONERS OF ♦COURT USE ONLY♦ PITKIN COUNTY Case Nunber: 2014CV30117 Div: 2 1PROPOSED1 ORDER TO DISMISS THE COURT, having considered the Stipulation of Dismissal of the parties and being frilly advised in the premises: IT IS HEREBY ORDERED that the above -referenced case no. 2014CV30117 is dismissed with prejudice and that each party shall bear their own attorneys' fees and costs. Dated this _ day of March 2015. BY THE COURT: DISTRICT COURT JUDGE DISTRICT COURT, PITKIN COUNTY, COLORADO Court Address: 506 East Main, Suite E, Aspen, CO, 81611 DATE FILED: March 31, 2015 4:49 PM Plaintiff(s) CELESTIAL LAND COMPANY LIMITED V. CASE NUMBER: 2014CV30117 Defendant(s) BOARD OF COUNTY COMM OF PITKIN COUNTY COURT USE ONLY 0 Case Number: 2014CV30117 Division: 2 Courtroom: Order: Proposed Order to Dismiss The motion/proposed order attached hereto: SO ORDERED. Issue Date: 3/31/2015 JONATHAN BRUCE POTOTSKY District Court Judge Page 1 of 1 PITKIN COUNTY COMMUNITY DEVELOPMENT Permit Receipt RECEIPT NUMBER 00036971 Name: Stan Clauson Associates INC Date:10110/2014 Project Address: 0 BULKLEY DR Type: check # 6900 Permit Number Fee Description 0117.2014.PAEM PB- Engineering Earthmoving 0117.2014.PAEM P -Zoning Earthmoving Total: Amount 282.00 133.00 415.00 13 PAYTOTHE Pitkin County *`415.00 ORDER OF Four Hundred Fifteen and 00/100....�...... ...............<...................«.........::..< .....<.�.... >......, DOLLARS A TAMPER RESISTANT TONER AREA �Pt`t+iniji 11ri1ovinq Permit ` iF ya• n. JM.�cqRPIRMIC11-5*2-. �_ ! _ "100690011' 1:1020000761: 90420L74680 ` STAN CLAUSON ASSOCIATES, INC. Pitkin County Client Disbursements Operating Account 29 -Sept -2014 Earthmoving Permit Application --Eagles Nest Celestial Earthmoving Permit STAN CLAUSON ASSOCIATES, INC. Pitkin County Client Disbursements Operating Account 0 29 -Sept -2014 Earthmoving Permit Application—Eagles !esp `A \U\ A\ 19 6900 415.00 415.00 6900 415.00 O O p \ Pitkin County OCT 10 204 Communq Dmlopment O Celestial Earth ovin9 Permit ` f 415.00 I � I 1111111111111111111 0•