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Home My WebLink Aboutbocc.res.093.2008RECEPTION#: 553060, 09/23/2008 at U9:U9:17 AM, 1 oF a, R$m.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF TI~ BOARD OF COUNTY COMNIISSIONERS OF PTTHIN COUNTY, COLORADO, GRANTING SPECIAL REVITW USE APPROVAL FOR CAPTTOL PEAK OUTFTTTERS INC. RESOLUTION NO.O~/~ -2008 RECITALS 1. Capitol Peak Outfitters Ina (John Howe) ("ApplicanP') has applied to the Pitkin County Board of County Commissioners (`BOCC") for Special Review approval pursuant to Sections 4-30-040(Q), 2-30-30(h) and 2-40-20(c) of the Land Use Code to provide horseback riding tours at Saint BenedicPs Monastery. 2. Saint BenedicYs Monastery is located within the Capitol Creek Valley, is wned RS-30 and is more specifically described in E~ibit A. 3. The property is zoned RS-30 and is 2,220 acres in size. 4. The BOCC heard this application at a duly noticed public hearing on August 13, 2008, at which time evidence and testimony were presented with respect to this application. 5. The BOCC has determined that the proposed use meets the criteria established in Sections 4-30-040(Q) and 2-30-30(F~ of the Land Use Code, and therefore found the proposal to be appropriate. NOW THEREFORE BE TT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby grant Special Review Use Approval to Capitol Peak Ou~tters Inc. to provide commercial horseback rides located on the Saint BenedicYs property from May 15`~ through September 30`~ for the 2008 through 2013 summer seasons subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in the application and in the Public Heazing. 2. Within 30 days of approval, the Applicant must provide a plan to the EH/NR Department and apply for a permit for OWTS facilities for their operation at the Monastery. 3. Applicant shall provide documentation of a valid Colorado Retail Food Establishment should food service be provided from a fixed base operation. 4. The Applicant shaU carry and provide proof of adequate Liability Insurance, as required by the County for all times of operations during the 2008 through 2013 seasons. Applicant must notify the Community Development Director of any change of status to policy during the active season. 5. The Applicant shall cazry and provide proof of State of Colorado Outfitter License for all times of operations during the 2008 through 2013 seasons. Applicant must notify the Community Development Director of any change of license status during the active season. ~QU~Q~ Resolution No.~~-2008 Page 2 of 3 6. The Applicant shall provide annual report information no later than Mazch 1 st of each approved year to allow adequate time for review to allow for operations to begin in a timely manner in May. 7. The Applicant shall on a yeazly basis, pursuant to Pitkin County Land Use Code, Section 2-40- 20(c)(3), submit for approval by the Community Development Director an annual report to include but not be limited to: a) Proof of current year General Liability Insurance as required by the County. b) Written approval from Saint Benedict's Monastery for continued operations on the proper[y. c) Proof of current yeaz State OutFitter License as issued by the State of Colorado. d) Detailed records to include, but not be limited to: i) The total number of Vips provided daily, ii) The total number of clients involved for each ride iii) The total number of vehicles accessing the Monastery for the special use. iv) The total number of employees utilized per trip. e) Proof of current year Colorado Retail Food Establishment License, if applicable. ~ Referral letter from Environmental Health stating the ApplicanYs operations provides the necessary services required to service the special use. 8. Trash shall be removed on a daily basis or shall be stored within a wildlife inaccessible refuse container or a building. 9. Prior to the erection of any tent, the Applicant shall consult with the Basalt & Rural Fire Protection District to ensure that the tent complies with ifie provisions of Article 32 of the Uniform Fire Code (temporary membrane structures). 10. The Special Review Use approval shall expire after any continuous twelve (12} month period of non-use. 11. The Applicant shall be requued to obtain new Special Review Use Approval should the current approved thresholds or any other material changes in the operation take place during the five (5) year time period of this approval. 12. If the Applicant wishes to pursue an application for continued operation of the horseback rides beyond the 2013 smmner season, and the operation generaies more than three (3) additional employees, an application for special review and GMQS Exemption for commercial development with negligible growth impacts shall be filed with Pitkin County Community Development by no later than March 1, 2014. 13. Failure to comply with the conditions of approval may result in revocation of this permit. 000~07 2 Resolution No tj 3 -2008 Page 3 of 3 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE 25th DAY OF MAY, 2008. APPROVED AND ADOPTED ON TFIE 13TH DAY OF AUGUST 2008. Deputy Clerk 4 APPROVED AS TO FORM: BOARD OF COLJNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ~ ~ 6 J attield, C avman Date: _ ~~~a ~ APPROVED AS TO CONTENT: ~ c~- s ~ - ~~, John Ely, Cindy Houben County , ey Community Development Director / ~~U~Qg ~ Case #P068-08 PID# 2645-174-00-001 ~~ ;~,~: D'~i3-~ oc~ Exhibit A Legal Description _ _ __ _. _. __ _. SECT,TWN,RNG 16-9-86 DESC: SE4 NW4 ISW4 S2NE4 OF SEC 16-9-86 NE4 SE4 ~ ';SW4 E2NW4 OF SEC 17-9-86(LESS ALL~ LAND IN SEC 17-9-86 OWNED BY J ---. _ ------. ~ ~._. _ _ --- _ .- -- . -- - --- PETER GRACE BK 161 PG 586 174 AC --- - -----~_. _ _ _. !M/L) NW4 SW4 NE4 SE4 OF SEC 20 9-86 _......__._ ..._, _ ._ . NE4 NW4 SW4 W2SE4 & NE4SE4(OR LOT _ ,12) SEC 21-9-86 ~