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HomeMy WebLinkAboutpitkin.planning.247321200002 (2009) ~~~~~~,~ sheet r~esoiution for the ~~~~ anci;ar ~cx~ Qre~in~aee for the ~E1C~ aac~/or ~ce~ E~etergcit~ation for the ~earfln~ fbfFPCer pdcccianistratnve E2eterrtimatiom staff 14'Fe€cEo ~~piicatiom pr~iSTie 1Votice, Aeeegta~eee Letter, Referral(s) Lettea• bite Plan R~isceFla~eo~s Plat(s) _-,. -~ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING SPECIAL REVIEW USE APPROVAL FOR D & G HORSES AND OUTFITTING RESOLUTION NO.~-2009 RECITALS 1. D & G Horses and Outfitting (Dale & Gail Coombs) ("Applicants") have 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 trail rides and hunting services which are staged (begin and end) at the Biglow Ranch. 2. The Biglow Ranch is located within the Frying Pan Valley, is coned RS-30, contains 20 acres and is more specifically described in Exhibit A. 4. The BOCC heard this application at a duly noticed public hearing on May 27, 2009, 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(H) of the Land Use Code, and therefore found the proposal to be appropriate. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby grant Special Review Use Approval to D & G Horses and Outfitting to stage commercial horseback trail rides and hunting services on the Biglow property from May I5'" through November 30`" for the 2009 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 Applicants shall adhere to all material representations made in the application and in the Public Hearing. 2. Applicants shall provide documentation of a valid Colorado Retail Food Establishment should food service be provided from a fixed base operation. 3. The Applicants shall carry and provide proof of adequate Liability Insurance, as required by the County for all times of operations during the 2009 through 2013 seasons. The Applicants must notify the Community Development Director of any change of status to policy during the active season. 4. The Applicants shall carry and provide proof of Stale of Colorado Outfitters License and U.S. Forest Service Special Use Permit for Outfitting and Guiding, for all times of operations during the 2009 through 2013 seasons. Applicant must notify the Community Development Director of any change of license/permit status during the active seasons. 5. The Applicant shall provide annual report information no later than March 1st of each approved year to allow adequate time for review to allow for operations to begin in a timely manner in May. 6. The Applicant shall on a yearly 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: RECEPTION#: 564643, 11/19/2009 at 12:29:43 PM, ~ of s, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO Resolution No.Q~-2009 Page 2 of 3 a) Proof of current year, General Liability Insurance as required by the County. b) Proof of current year, State Outfitter License as issued by the State of Colorado. c) Detailed records to include, but not be limited [o: i. The total number of trips provided daily. ii. The total number of clients involved for each ride. iii. The total number of vehicles accessing the parcel for the special use. iv. The total number of employees utilized per trip. 7. Trash shall be removed on a regular basis and shall be stored within a wildlife inaccessible refuse container or a building. 8. The Applicant shall adhere and apply all rules and regulations set forth by the U.S. Forest Service Office of Outfitters Regulations as listed in the National Forest Service Special Use Permit on Pitkin County lands as well as National Forest Service lands. 9. The Special Review Use approval shall expire after any continuous twelve (12) month period of non-use. 10. The Applicants shall be required 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. I I. If the Applicants wish to pursue an application for continued operation of the horseback rides beyond the 2013 summer season, and the operation generates 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. 12. 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 26th DAY OF APRH„ 2009. APPROVED AN/D ADOPTED ON THE 27TH DAY OF MAY 2009. A EST: / BOARD OF COUNTY COMMISSIONERS OF P TKIN COUNTY, COLORADO l 1. ~r ~/ J netteJones, Patti Kay-Clappe duty Clerk Chair Date: APPROVED AS TO FORM: -- John Ely, Cou omey APPROVED AS TO CONTENT: ,.Ci y Houben, Community Development Director Case #P026-09 PID# 2473-212-00-002 Resolution No.GtY C-2009 Page 3 of 3 EXHIBIT A LEGAL DESCRIPTION Section: 21 Township: 8 Range: 83 TRACT IN NE4NW4 OF SEC 21-8-83 BGNNG AT THE SW COR OF SEC 21 TH N 89 DEG 44'01 "E 2623.40 FT TO THE N4 COR OF SEC 2l TH ALNG THE ELY LINE OF NE4NW4 SEC 21 S 00 DEG 02'29"W 423.23 FT TO POB TH S 78 DEG 07'43" 1146.59 F s�72.2- z12 -co-olz. February 15, 2010 Cindy Houben County Development Director Pitkin County Dear Cindy, Enclosed is our 2009 annual use report for D. and G. Horses and Outfitting at Meredith Colorado. Total Number of days rode: 71 Total Number of clients: 321 Average number of clients per day: 4.5 (Groups ranged from 10 to 2) Total number of vehicles approximately: 2 per day (Vehicle use ranged from 1 to 4 vehicles per day) Total number of employees used per trip: 1 to 3 depending on group size. You should have our current Liability Insurance on record along with our current State Outfitters License. Both of these will be renewed for 2010 in mid to late March. We will have the insurance company send you a certificate when it is renewed and we will send you a copy of our Outfitters License when it is renewed. If you need anything else please let us know. Thank you, Dale Coombs D. and G. Horses and Outfitting 810 Lime Creek Road Meredith, Colorado 81642 (970) 927 -2870 (970) 625 -0234 (winter ) X 0 1 3 - 4.2 -00- oo STATE OF COLORADO Department of Regulatory Agencies Division of Registrations ACTIVE PRINTED ON SECURE PAPER OUTFITTER 200 Number 04/01/2010 I 03/31/2011 Issue Date Expires Dale 0 Coombs D And G Horses/Old time Outfitting Services RIFLE, CO 81650 United States C for Signature Qs-PI 21 z - 00 -00 A D DATE (MMIDDIYYYY) — l � CERTIFICATE OF LIABILITY INSURANCE 03/24/2810 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION MELEA SHEPARD ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE RIFLE INSURANCE AGENCY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO BOX 1700 Al TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. RIFLE CO 81650 INSURERS AFFORDING COVERAGE NAIC # PHONE: (970) 625 -1689 FAX: 970-625-1115 ' INSURED INSURER A. McNeII & Company Inc COOMBS, DALE AND 0'& G HORSES AND OUTFITTING INSURER B Pinnacol Assurance - ' 1631 COUNTY RD 293 INSURER C: - RIFLE CO 81650- INSURER.O: • - . INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED MOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSA ADM TYPE OF INSURANCE POLICY NUMBER POIJCY EFFECTIVE POLICY EXPIRATION OMITS LIR INSRC DATE IMM NOM'1 DATA PAM INYYI GENERAL LIABILITY M OGL07631600 03/23/10 03/23/11 E ACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 50,000 PREMISES (Es ccRwenral i l CLAIMS MADE © OCCUR MED EXP (MY one person) $ 5,000 A YES PERSONAL &ADV INJURY 5 1,000,000 GENERAL AGGREGATE 5 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG. $ 2,000,000 — 1 POLICY n J nLOC $ AUTOMOBILE LIABILITY - COMBINED SINGLE LIMIT - ' ANY AUTO: • .. ..- (Eaacddent) $ ALL OWNED AUTOS. - • BODILY INJURY - SCHEDULED AUTOS - (Per person) 3 HIRED AUTOS BODILY INJURY — NON -OWNED AUTOS (Per accident) $ PROPERTY DAMAGE 5 (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS! UMBRELLA LIABILITY EACH OCCURRENCE _ 5 E OCCUR n CLAIMS MADE AGGREGATE _ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND 4117291 09/01/09 09/01/10 Iwc STAN- 1 OTHER om urns EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 100,000 B ANY PRO PRIETO PARTNERn OFFlCE E.[OIROEOP E.I. DISFASP -EA EMPLOYEE $ 100,000 If yes. SAWS mew SPECIAL PROVISIONS below E.L DISEA$E.POLICY LIMIT $ 600,000 OTHER: DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS Certificate Holder Is listed as Additional Insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE111E EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO Pltkin County DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, rrs 506 East Main St AGENTS OR REPRESENTATIVES. Aspen CO 81611 AUTHORIZED REPRESENTATIVE ,(J�/� Attention: Melee ShepaF9, MS so ` ACORD 25 (2001/08) Certificate # 41817 @ACORD CORPORATION 1988 3 20 May 2009 Cari Ann Holcolm Pitlcin County Planning 130 S. Galena St. Aspen CO.81611 Ref: Dale and Gail Coombs, Business Permit, Upper Fryingpan Valley I am writing in support of granting Dale and Gait Coombs a business permit for their horseback riding and outfitting business in the Upper Fryingpan Val~y. Dale and Gail have been residents in the valley for many years and provided year round residents, summer home owners and tourists with high quality riding experiences into wikiemess areas where they normally would not be able to go. Dale and Gail are enviortnentally concerned and leave no trace of human involvment where they have taken their guided trips. I am also aware of several instances in the past where Dale and Gail have volunteered their horses to rescue injured or lost hikers and hunters. They have also worked in conjunction with the Division of Wildlife to transport fish via pack horses to transplant into the high lakes. As you can see, their business is beneficial to the community in diverse ways. I have known Dale and Gad for over twenty years. Their character and business operations are of the hghest quality. Dad is currently ,and has been for several years, the Chair of the Fryingpan Caucus, providing leadership to the community. Please take the aforementioned into consideration in granting Dale and Gail a business permit. The service they provide with their business as well as their leadership in the community make them an invaluable asset. Sincerely, David W. LaMont 85 Elliot Way, Nome Meredith,CO 81642 970-927-4214 ~ ~-~ Z m o~ W IW fa W {1~ l? ~\) t'1 l? ~~ Y' j ~\` w 0 ~~ Gs ~~ a ~~~ c ~ ~°{~ zT ~ ~ ~ m `` °~ < ~< °~ o ° m m ~ CO - i ~g~ ~ ~9~ ~.~ O °o~~ ~~ ~~ 3 `-S; ~ ~ 0 asnaaw ssv~rssau vsn (~ MEMORANDUM TO: Board of County Commissioners Regular Meeting -May 27, 2009 THRU: Cindy Houben, Community Development Director FROM: Cari Anne Holcomb, Planner RE: D & G Horses and Outfitting -Special Review for Commercial Outdoor Use SUMMARY OF REQUEST: The Applicants are requesting Special Review approval pursuant to Code Sections 4-30-040(q), 2-30-30(h)(2) and 2-40-20(c) to use privately owned land in the Frying Pan Valley as a staging site (where activities would begin and end) for commercial horseback rides and hunting services for their outfitting operations. All rides and hunting trips aze held on Forest Service land. Special Review approval by the Board of County Commissioners is required for commercial outdoor recreational uses that occur on a repetitive or continuing basis more than six (6) times in any twelve (12) month period and are subject to a U.S. Forest Service Permit requirement. LANDOWNER/ APPLICANTS: John Swomley/Dale & Gail Coombs dba D & G Horses & Outfitting and/or Old Time Outfitting Services. LOCATION: 26617 Frying Pan Road, PID #2473-212-00-002. ZONING/SIZE: The site is zoned RS-30/The parcel is 20 acres. BACKGROUND: Dale and Gail Coombs have been operating in the outfitting business since 1976. They are currently operating under two different business names; D & G Horses & Outfitting and Old Time Outfitting Services. Both D & G Horses & Outfitting and Old Time Outfitting Services conduct horseback riding trips and hunting trips onto National Forest Service Land. The Applicants hold ] 0 yeaz U.S. Forest Service Special Use Permits for Outfitting & Guiding, as well as yeazly State of Colorado, Active Outfitter Licenses for both companies. The staging will take place on the Biglow Ranch (also known as the C/O Ranch and Spur K Guest Ranch and/or Mountain Haven Resort Cabins) which has been historically operated as a guest ranch and rental property. The parcel has existing facilities including corrals, a tack barn and other necessary improvements. None of the lodging facilities which currently exist on the property aze used by any of the Applicants' clientele. REFERRAL COMMENTS: This application was referred to and received the following comments Members of the Frying Pan Valley Caucus submitted comments in support of the special use and Dale and Gail Coombs and their business; their comments are attached. Brian Benton, of the Basalt & Rural Fire District and Ken Jammeron, the Thomasville Fire Station Captain, approved the operation of horseback rides from the parcel onto U.S. Forest Service Land. Mr. Jammeron believes the Applicants run a "top notch operation"; their comments are attached. The application was referred to both Risk Management and Emergency Management. Although no comments were received, questions were raised in previous, similaz applications and the V I~U~sUl o~~~ answers are included here for completeness. The horses utilized by the Applicants are boarded on the Ranch during the riding season, and as such would fall under Pitkin County's Animal Safety Department's jurisdiction. Outfitters in Pitkin County aze monitored on a complaint bases and random checks. The Applicants' General Liability Insurance limits are adequate and meet the County's requirements. PUBLIC COMMENTS: Several citizens in the Frying Pan Valley called with comments in support of D & G Horses and Outfitting. Several planned on submitting letters of support, which were not received in time for inclusion of this memo. CRITERIA FOR APPROVAL -SPECIAL REVIEW USES OR ACTIVITIES 2-30-30(h)(2) A. The Special Review shall consider 1. The applicable County Master Plan; 2. Comaty Land Use Policies in Chapter 1; 3. The intent of the zone district in which it is proposed to be located, aaad 4. The character of the immediate vicinity of the parcel proposed for development mad surrounding land uses, or shall enhmzce tlae mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Response: The Frying Pan Valley's Master Plan is the primary applicable plan for this area. The document states that, "A un Eying theme [in the diverse nature of the valley mrd the conanaunityJ is the deep desire to preserve the rural and recreational nature of the area, while at the same time sustain the viability of its urrigue community. " As part of the Master Plan, the community set forth a recommended action for Commercial growth in the azea, "To insure that future growth reflects the sensitivity to the natural environment, development should occur at a slow rate and meet the needs to the Upper Frying Pan Valley:' The Applicants, by means of Special Review are assuring compliance with the Master Plan's wishes and regulations. The RS-30 zone district is intended to preserve environmental resources and maintain the rural lifestyle while allowing low-density single-family residential development. Recreational uses such as commercial horseback riding require a Special Review Approval. Commercial outfitting operations in the Frying Pan Valley have taken place for the last couple decades. The Applicants have demonstrated a willingness to operate their commercial operations by following the same guidelines and rules as those established for outfitters by the U.S. Forest Service. B. The location, size, design, and operating characteristics of the proposed special review use must be in harmony with the surrounding area mad minimize adverse affects, including visual impacts, impacts oaa pedestrian and vehicular circulation, parking, trash, service delivery, air/water pollution or other impacts on natural resource, noise, vibrations and odor on surrounding properties. Response: As noted before, outfitter operations have taken place in the Frying Pan Valley for the last couple decades. The Applicants have limited the commercial impacts on the Valley, by providing small- scale, non-motorized tours of the area which aze in harmony with the rural setting and limiting negative impacts while maximizing recreational services. The horses are boazded on the property, limiting the amount of vehiculaz travel coming into the azea. Additionally, the Applicants do not provide transportation to the site, allowing for potentially smaller numbers (and sizes) of vehicles to access the property. Guests will park near the corral with access off Frying Pan Rd. r; J~U The majority of the service as provided by the Applicants takes place on the developed portion of the property closest to Frying Pan Rd., thereby limiting impacts to adjoining properties. Currently the adjoining privately owned properties are also held by the owner of this parcel. The remaining adjoining properties are owned by the U. S. Forest Service. Trash service is provided via a commercial dumpster on site. While the special review activity itself does limit the environmental impacts, the exact impacts created by individual cazs accessing at this point are difficult to determine. In order to better determine those impacts in future applications, the Applicants shall be conditioned to record the number of trips, clients and vehicles coming to the property for the use and inclusion into the annual review, to better evaluate the specific impacts and possible mitigation. C. There must be adequate public facilities and services to serve tlae 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 svstena and schools. Response: The horseback riders leave and return from the corral azea allowing for access to adequate public facilities and services, including roads, potable water, sewer, and solid waste. The Applicants are able to provide restroom facilities and access to potable water to their clients, as the site has already been developed and used historically as guest ranch and rental property. Additionally, the Applicants provide porta-potties that have a hand sanitation facility which aze serviced on a weekly basis. The Applicants have access to emergency services -including medical and hospital services via cell phones, two way radios and satellite phones. The staging site on the parcel is located approximately two miles from the Thomasville Fire and Rescue Station. D. An application for a special review use must demonstrate to the Board of Coun[y Commissioners that the proposed development will not: L Materially endanger the public health safety or welfare, and 2. Substantially injure the value of adjoining or abutting properties. Response: Staff has no information that would indicate that the proposed use will endanger the public health, safety or welfare, or injure the value of adjacent properties. USE SPECIFIC STANDARDS -COMMERCIAL 4-30-40(01 A. Special Review Approval is required when the following conditioaas apply: 1. In all zone districts, any outdoor recreational use that is not listed separately and that is subject to a U S Forest Service permit requirement Response: D & G Horses and Outfitters aze proposing a commercial outdoor recreation use which requires a U.S. Forest Service Permit. While the Applicants aze allowed to provide hunting experiences in addition to horseback rides on National Forest Lands, they do not and will not provide those services at the Biglow Ranch property in Pitkin County without obtaining appropriate approvals by additional Special Review by the BOCC. B. The BOCC is approving the Spectal Review based on a proposed use that exceeds the following thresholds: I~ at,9 l3 v Q .3 1. Involves more than ten (10) persons on a given property/road at ar7v given point in time; and/or Response: The Applicants have stated that the number of clients would be, at maximum, 10 clients with one guide normally and two guides when deemed necessary to assure the safety of their clients. While the Applicants do not provide for transportation to and from the corral on the Ranch, the clients will be accessing the property via Frying Pan Rd. and could at any given point in time exceed ten (10) persons. 2. Utilizes parking spaces for any single vehicle with a passenger capacity of more than ten (10) personsr and/or Response: While the Applicants do not directly provide transportation for clients, there is the potential for clients to arrive via a larger vehicle with a passenger capacity of more than ten (10) persons. The parking area located on the Ranch does provide the capacity- to park such a vehicle on the property. 3. Utilizes any given property/road more than twice a dayr and/or Response: The Applicants provide both day trips, as well as overnight or longer trips. During the course of a single day it is possible that 4 or 5 vehicles would be arriving and departing; thus the proposed use could impact any given property/road more than twice per day. 4. Utilizes any given property/road more than thirty (30) days per year. Response: Although the total number of days the proposed use may utilize any given property/road is dependant on the number of clients interested in rides, the Applicants propose to offer service from approximately May 15`" through the end of November (for big game season), an average of almost six (6) months of operation for an average total of one-hundred sixty- five (165) days per year. SPECIAL REVIEW USE 2-40-20(C) Review Standazds and Limitations of Uses by Special Review A. Special Review Use Limitations under the Pitkin County Land Use Code pursuant to Sec. 2-40-20(c) include: Commencement of Operation: Approved special uses shall begin within three (3) years following the date of approval of the development permit, unless a longer period is specified, or the approval shall become null and void 2. Special Review Use: The decision making body may approve a special review use subject to a limited time period during which a use may operate. 3. Submission of Annual Report and Review of Annual Reports: The decision making body may require any person operating pursuant to a special review use to submit a statement to the Community Development Director attesting to the continued conformance of [he use to the conditions of the approval. If after reviewing the statement, inspecting the site and considering any other relevant materials, the Cornmuniry Development Director determines that the use is in conformance with the provisions of the Special Review Use approval, the use may continue pursuant to the provisions of approval. If the Commmrity Development ~~JIJ'~~t2 Director deteranines that tlae use is not in conformance with the provisions of the Special Review Use approval, the Community Deve/opment Director pray recommend to the original review authority that it consider the withdrawal of such approval. Failure of any person operating a use under a Special Review Use approval to submit such a statement within the period specifred above shall be considered a violation of the provisions of tlae special review approval and may be sufficieaat cause for withdrawal of the approval -1. Approval Withdrawal Procedure: The decision-making body shall consider and act on approval withdrawal after a public hearing. Notice of the public hearing shall be mailed to the applicant aaad published in a newspaper of general circulation in the Co:mty not later than thirty (30) days pa•ior to the hearing. The notice shall state the time, location and subject matter of the hearing. 5. Approval Expiration: Any Special Review Use shall expire after any continuous twelve (12) month period of non-use. Anv unfulfilled obligations of the approval shall continue to be binding after expiration of the approval. Response: The Applicants shall abide by all Limitations of the Land Use Code. Additionally, Staff supports the granting of the Special Review Use, with a yearly review, for a term of five (5) years to include this present year. RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt a motion to approve the D & G Horses and Outfitting Special Review Permit subject to the conditions in the attached draft resolution. After further analysis of the impacts of the existing operations, the Board may find the need to create limitations, but it does not seem to be the case now. ATTACHMENTS: A. Draft Resolution B. Frying Pan Valley Caucus comments C. Basalt Fire Protection District/Thomasville Fire Station comments l~~i;+',0~1 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PTTKIN COUNTY, COLORADO, GRANTING SPECIAL REVIEW USE APPROVAL FOR D & G HORSES AND OUTFITTING RESOLUTION NO. -2009 RECITALS 1. D & G Horses and Outfitting (Dale & Gail Coombs) ("Applicants") have applied to the Pitkin County Boazd 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 trail rides and hunting services which are staged (begin and end) at the Biglow Ranch. 2. The Biglow Ranch is located within the Frying Pan Valley, is zoned RS-30, contains 20 acres and is more specifically described in Exhibit A. 4. The BOCC heazd this application at a duly noticed public heazing on May 27, 2009, 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(H) of the Land Use Code, and therefore found the proposal to be appropriate. NOW THEREFORE BE TT RESOLVED by the Pitkin County Boazd of County Commissioners that it does hereby grant Special Review Use Approval to D & G Horses and Outfitting to stage commercial horseback trail rides and hunting services on the Biglow property from May 15`" through November 30`" for the 2009 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 Applicants shall adhere to all material representations made in the application and in the Public Hearing. 2. Applicants shall provide documentation of a valid Colorado Retail Food Establishment should food service be provided from a filed base operation. 3. The Applicants shall carry and provide proof of adequate Liability Insurance, as required by the County for all times of operations during the 2009 through 2013 seasons. The Applicants must notify the Community Development Director of any change of status to policy during the active season. 4. The Applicants shall carry and provide proof of State of Colorado Outfitters License and U.S. Forest Service Special Use Permit for Outfitting and Guiding, for all times of operations during the 2009 through 2013 seasons. Applicant must notify the Community Development Director of any change of license/permit status during the active seasons. 5. The Applicant shall provide annual report information no later than March 1st of each approved year to allow adequate time for review to allow for operations to begin in a timely manner in May. 6. The Applicant shall on a yearly 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: Ju~II,OFj Resolution No. -?008 Page 2 of 2 a) Proof of current year, General Liability Insurance as required by the County. b) Proof of current year, State Outfitter License as issued by the State of Colorado. c) Detailed records to include, but not be limited to: i. The total number of trips provided daily. ii. The total number of clients involved for each ride. idi The total number of vehicles accessing the parcel for the special use. iv. The total number of employees utilized per trip. 7. Trash shall be removed on a regular basis and shall be stored within a wildlife inaccessible refuse container or a building. 8. The Applicant shall adhere and apply all rules and regulations set forth by the U.S. Forest Service Office of Outfitters Regulations as listed in the National Forest Service Special Use Permit an Pitkin County lands as well as National Forest Service lands. 9. The Special Review Use approval shall expire after any continuous twelve (12) month period of non-use. 10. The Applicants shall be required 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. 11. If the Applicants wish to pursue an application for continued operation of the horseback rides beyond the 2013 summer season, and the operation generates 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. 12. 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 26th DAY OF APRIL, 2009. APPROVED AND ADOPTED ON THE 27TH DAY OF MAY 2009. ATTEST: Jeanette Jones, Deputy Clerk APPROVED AS TO FORM: John Ely, County Attorney Case #P026-09 PID# 2473-212-00-002 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Patti Kay-Clapper, Chair Date: APPROVED AS TO CONTENT: Cindy Houben, Community Development Director J~~`~0? } ~ 20 09 09:19a f ^ ~• ^ ^ Llo9d Strobeck To Carry Ann Holcomb Planning Div. To all County Corrunissioners: From Lloyd and Jan Strobeck 25095 Frying Pan Road Thomasville, Colo 81642 Concerning Permit for Outfitters Dale & Gale Coombs 9709275295 p.l -~7T~Ck-I /1,4E NT ~ 1 ~~ May 20, 2009 There are so few businesses located in the Upper Frying Pan Valley that it is our hope that any application for out£tting during 2009 will be approved. "The Coombs have had this type of horse business ul this valley for many years and we look I'orwazd to them returning again this year. As members of the Upper Frying Pan Valley Caucus and also as members of the Thomasville Unit of the Basalt and Rural Fire Protection District, we support this business and know of no detrimental effects from their operation. To our knowledge, they aze very conscious of and take good caze of their permitted azea while taking horseback riders on the many trails. They maintain a clean operation at both the base camp and on all the trails. We hope this application for permits again this year can be quickly approved. Jan & LLoyd Strobeck 970-927-5295 '~.%:~ ~/ Y - - ~c~~o~ 5la~~o~ lo~'Z ~'I JC-ELECTRIC FAX N0. 9709262313 Jun. 15 1999 03:S1RM P1 ~^ May 19, 2009 Carl Ann Holcomb Pitkin County Planning Department Aspen, Colorado Dear Cari: It has cue to our attention that Mr. Dale Coasnbs is in the process of renewing his spacial use permit for D. & G. Horsos and Old Time Outfitting. We have come to know Dale quite well in working with h im as part of the Upper Frying Pan Valley Caucus group, where Dale serves as chavman. He has been an active part of this group for several years. We have also had the opportunity to ride with them and visit his facility at Thomasville where he bases his operation. As well as being an active member of our community, wo feel he is an excellent steward of the public land he crosses, treats his livestock with respect and provides an excellent service to tbose wishing to participate in activities on the National Forest Lands. We have no hesitation in supporting bale through this review for his permit. If we can be of further assistance, please feel 8oe to contact us at 927-1246. Sinccrdy, John and Lea Vasten 24581 Prying Pan Road Meredith, CO 8 ]642 ~J~U"•O~a Z Page 1 of 1 Cari Anne Holcomb From: Brian Benton [bbenton@basaltfire.org] Sent: Monday, April 13, 2009 5:31 PM To: Cari Anne Holcomb Cc: Bill Harding Subject: Special Review of D & G Horses and Outftting Hi Cari Anne, ~~~ Il~1-Fif~'T ~ ~~ r Regarding the special review packet for D & G Horses and Outfitting (Case P026-09; PID 2473-212-00-002). I took a look at the application and then forwarded it to our Thomasville Fire Station Captain, Ken Jammeron. Ken reviewed the application and returned it to me. His comments were that he has no questions or comments other than he is familiar with the applicants, and believes they run a "top notch operation" Basalt Fire is in support of this application. We have no other comments. Thank you, Brian Benton Assistant Fire Marshal Basalt & Rural Fire Protection District 970-704-0627 ~~3?1~ ~~zi ~~ p-~ ( 4/14/2009 PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY -REVISED LUGATION: "L6617 Frying Pan Rd, PID #:2473-212-00-002 PROPERTY OWNER(S): John Swomley & Jennifer Roberts EVENT/ORGANIZATION: Horseback Trail Rides/D & G Horses and Outfitting REPRESENTATIVE: Dale Coombs PHONE and EMAIL: (h) 970.625.0234 (c):970.309.6079 dphorseoutfittin(a~aol. com DATE: March 12, 2009 PLANNER: Cari Anne Holcomb, 970.920.5092 Type of Application: Special Review for Commercial Outdoor Recreational Use Description of Project/Development: The Applicant is requesting Special Review approval to provide horseback trail rides during the summer months in the Upper Frying Pan River Valley. The rides are staged, begin and end on land in Pitkin County and continue onto USFS lands. The Applicant is a licensed outfitter; holds a special review permit from the White River National Forest and provides hunting trips (on USFS lands only). Land Use Code Sections to be addressed in letter of request (application)• Sec. 2-30-30(h): One-Step Review Procedure, Special Review Criteria Sec. 4-30-040(q): Outdoor Recreational Use, Other Additional information to be included in letter of request lauplicationl• Applicant must also demonstrate that adequate provisions have been made for all of the following (as applicable) in letter of request/application: 7. Event Summary/Business Plan; 2. Site Plan/Route Map; 3. Communication Plan; 4. Security Plan (Safe and Secure Environment, i.e. traffic control, parking control, security personnel, etc.); 5. Medical/Emergency Medical Services Plan; 6. Safety Plan (Promoting Public Safety); 7. Transportation/Traffic Plan (Safe Arrival and Departure, i.e. type of transportation provided, traffic control etc.); 8. Parking Plan (Adequate and Convenient parking, i.e. for staff, for clients/participants, etc); 9. Sanitation/Recycling Plan (Proper Sanitation and Disposal of Garbage, Solid Waste) 10. Accessibility Plan (Disability Access Requirements) 11. Food Permits 12. Miscellaneous Permits including temporary structures (which must conform to applicable building codes and other County Regulations. Please refer to Section 2.2.11 of the Pitkin County Land Use Application Manual and Special Event On-line Application at http //www aspenpitkin com/aops/specialevents/deptmain cfm for specifics guidelines, questions and additional information. Please note that although much of the information is similar, the Special Event On- line Application cannot be submitted in lieu of your Land Use Application/Summary Letter. Staff will refer the application to the following agencies: Emergency Management (Ellen Anderson), Risk Management (Kris Jewkes), Basalt & Rural Fire District, and the Frying Pan Valley Caucus. Review by: BOCC Public Hearing: Yes. The Applicant shall post a public notice sign on the property at least 15 days prior to the date specified for the Administrative Decision pursuant to Sec. 2-20-100(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice (by first-class mail) to all adjacent property owners and mineral estate owners with the return address of the Community Development Department (form of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax l a~ z~ records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing. A property owner receiving the public notice shall have 2 weeks from the date the notice is postmarked to submit comments or objections to the Community Development Department. FEES: $1,457 (make check payable to "Pitkin County Treasurer") • Planning Office flat fee: $1,247 (non-refundable; based on 5 hours of staff time; if staff review time exceeds 4.8 hours, the Applicant will be charged for additional time above 5 hours at a rate of $249/hour). o Public Notice Fee: $54 o Web Technology Fee: $25 o County Clerk BOCC Public Hearing Fee: $130 To apply, submit conies 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 and as designated in Section 2.2.11 of the Pitkin County Land Use Application Manual. 2. Submission requirements of information/plans outlined above and as designated in Section 2-2-11 of the Pitkin County Land Use Application Manual and Special Event On-line Application Sections as applicable; 3. Previous Land Use Approvals (if applicable); 4. Copies of All other Federal, State and/or local permits held by Outfitter; 5. Site Plan (and Maps) pursuant to Section 2.2.11 of the Pitkin Courrty Land Use Manual and Section 2 of the Special Event On-line Application Manual; 6. see Special Event On-line Application and Land Use Application Manual for specifics); „7. Certificate of Insurance with Pitkin County listed as a Certificate Holder for $1,000,000 General Liability insurance for each occurrence and $2,000,000 General Aggregate; 8. Copies of any business licensing (Outfitters License, etc); ~ 9. Total fee for review of the application; ~ 10. Signed fee agreement (1 copy); 11. Consent from owner(s) to process application and authorizing the representative (1 copy); `'12. List of all adjacent property owners and mineral estate owners for each course in Pitkin County (1 copy); -13. Copies of this pre-app form. NOTES: - PLEASE SUBMIT ONE UNBOUND AN PLEASE SUBMIT TWO-SIDED COPIES POSSIBLE). THE PARCEL IDs SHOUL APPLICATION. ALL MAPS SHALL BE FOLDED. DONE-SIDED COPY OF YOUR COMPLETE APPLICATION. OF ALL REMAINING COPIES OF YOUR APPLICATION (IF D BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR The Land Use Code is available on-line at htto//www.asnennitkin.com/deats/71/ The Land Use Application manual is available on-line at httn;//www.asnennitkin.com/adis/deats/7/Land Use Application Manual.ndf Applicant is responsible for all mailed and posted notices. Public Notice requirements an: described in Section 2-20-100 of the Pitkin County Land Use Code. If notice is requires a signed, notarized copy of the affidavit confirming notice must be received from Applicant prior to approval. 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 staff's interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT Q~il~.~~~ AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and (hereinafter APPLICANT) AGREE AS FOLLC APPLICANT has submitted to COUNTY an application for ~ c, ~.,'c,1 ~ ~ r '2 t ~r ev.,.+: r..~.l yi « (hereinafter, THE PROJ CT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 008-2008 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 Pitkin 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 $ i~ 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. PITKIN COUNTY Cindy Houben Community Development Director APPLICANT \J~`o \ rnn :,,Vn ~ Print Name Signature Dater 2 5' j 0 cl Mailing Arpddress: ~' i r, i~'~ .,,, ~ v-t<~~ j2 J', y~-.e.rd ~~~, n , CJ~ Or- ~,~( "J ~ 1 (, 42 `1 10- 927 -z~ ~~ n~ ^~ is~,.~. March 25, 2009 Pitkin County Commissioners Aspen Colorado 81611 Dale and Gail Coombs (dba D. and G. Horses and Outfitting and/or Old Time Outfitting Services) are requesting a permit from Pitkin County to offer horseback rides and hunting services in the Frying Pan River Valley at different locations. During the summer months from approximately May 15`x` until October 1St, we would take guided horseback rides, from one hour to overnight pack trips. During the months of September, October and November drop camp and guided hunting trips would be offered. All rides and hunting trips would be done on Forest Service land. Our staging area where our activities start and end would be based at 26617 Frying Pan Road, aka Biglow Ranch. The Biglow Ranch (formally know as C/O Ranch and Spur K Guest Ranch) has bee historically be operated as a guest ranch and rental property. It currently has existing facilities including corrals, tack barn and other necessary improvements. Due to its historical use and the nature of the business, this business complies with the Frying Pan Valley caucus master plan for this area. It is a recreational type business that is operation on a site that has been operated in a similar manner in the past. Dale and Gail Coombs have been in the outfitting business since 1976 and hold all required forest service permits, state license, and insurance to conduct this operation. Thank you for your consideration; Dale and Gail Coombs 810 Lime Creek Road Meredith, Colorado 81642 (970)927-2870 0©ii~'0~~ Mazch 25, 2009 APPLICATION REQUEST FOR DALE AND GAIL COOMBS BUSINESS PLAN: Dale and Gail Coombs (dba D. and G. Horses and Outfitting, and/or Old Time Outfitting Services) would offer guided horseback rides, overnight pack trips, and drop camp and guided hunting trips in the Upper Frying Pan River Valley. The guided horse rides and overnight trips would be offered from approximately May 15`h until October ln. The drop camps and guided hunting would be offered during the big game seasons which run approximately from September 1~` until the end of November. The business would be seasonal and no activities would be offered after December 1~`. All the horse activities would be guided and the trail rides would range from 1 hour to all day. Overnight pack trips aze also offered. The drop camps for hunting will be taken in at vazious trail heads along with the guided hunting. All trail rides and hunting activities will be conducted on national forest land. The Biglow Ranch (26617 Frying Pan Road Meredith, Co,) will be out staging area where the trips star[ and end. At this time no employees aze planned to be hired on a full time basis. The activities will be conducted by family members. SITE PLAN/ROUTE MAP: The staging azea will be at the Biglow Ranch (26617 Frying Pan River Road Meredith, Co. 81642) and all routes and trails will be on national forest land to various destinations and directions. See enclosed map with location of Biglow Ranch. COMMUNICATION PLAN: All guides will carry two way radios or cell phones, which ever is appropriate for the azea that is being utilized. Numerous drop camp locations have cell phone service and all clients will be informed of where the service is available and to bring their cell phones. Other camps will be radio service or satellite phone service. All clients will be informed where the neazest phone service will be in case of an emergency. All camps will have a copy of the outfitters phone number along with other emergency numbers. SECURITY PLAN: Do to the low number of clients at any one time security concerns would be minimal. No one is allowed in any structure or corral except the guides or wranglers. Vehicles at the premises would be a maximum of 4 to 5 at any one time and we ask that all vehicles would be locked and secure prior to leaving on any horse activity. A member of D. and G. Horses is usually on the premises during hours of operation and all structures and vehicles will be locked and secured when they aze not attended. MEDICAL AND EMERGENCY PLAN: All personal at D. and G. Horses aze first aid and CPR trained. Everyone will know how and when to call 911. Emergency personal will be called as needed along with other appropriate agencies that need to be informed. All hunters aze required to fill out a medical form stating any and all medical conditions that the outfitter needs to be aware of. ~0;3!?Q5 Biglow Ranch is located approximately two miles from the Thomasville Fire and Rescue Station. SAFETY PLAN; Client safety is top priority. All clients aze instructed on how to ride and be azound horses in a safe and orderly manner and how to handle different situations that may come up. This is done prior to anyone being azound or getting on any horse. All clients aze assisted during mounting and dismounting their horse. Proper attire will be required by all clients. We offer strictly guided scenic trail rides and do not allow any n,nning, racing or riding double. Children under seven yeazs old will not be allowed to ride on trail rides. Two guides will accompany the rides if deemed necessary. No clients aze allowed to be amongst the horses prior to or after the rides. The horses used for clients aze experienced, gentle mountain horses. All tack is periodically inspected and repaired or replaced if necessary. All vehicles coming into or leaving the facilities will be operated in a slow and safe manner. TRANSPORTATION/TRAFFIC PLAN: There will be a maximum of 4 to 5 vehicles on the premises from clients at any one time. The typical number will be two to three cazs at any one time. All clients will be required to provide their own transportation to and from Biglow Ranch. PARKING PLAN: Biglow Ranch has 28 acres with adequate level useable ground located close to the corral area There is plenty of azea for vehicle pazking. SANITATION/RECYCLING PLAN: Due to the small amount of time the clients actually aze on the premises, sanitation and garbage aze at a minimum. There is a commercial dumpster on site and bathroom facilities will be available by existing bathrooms on the premises and/or portable toilets. Very few of our clients actually use the gazbage or bathroom facilities. ACCESSIBILITY PLAN; Our activities aze available to as many people as possible. We have mounting steps for clients that need assistance on mounting their horse. We have lazger horses to handle lazger clients, along with smaller ones for smaller clients. We will accommodate handicapped and disabled people as much as possible. We will lead their horse, walk beside them and hold on to them or do anything that is possible to give them an excellent horse experience. Ranch. We will not be involved in food prepazation or serving at Biglow MISCELLANEOUS PERMITS: U.S. Forest Service permit, which is enclosed. State of Colorado Registration, which is enclosed. ~~E)3~n~ 1 Use Code: 153 Issue Date: 3/31/2008 Authorization ID: SOP229 Expiration Date: 03/31/2018 Contact ID: COOMBS DALE C~Oo p~ SPECIAL USE PERMIT FOR OUTFITTING AND GUIDING FS-2700-4i (03/06) OMB No. 0596-0082 Authority: Federal Lands Recreation Enhancement Act, 16 U.S.C. 6802(h) (Ref. FSM 2709.11, section 53.1) Coombs/D&G Horses of 810 Lime Creek Road, Meredith, CO 81642- (hereinafter the holder), is hereby authorized to use and occupy National Forest System lands, subject to the terms and conditions of this permit, to provide outfitting and guiding services within the Aspen-Sopris R.D. of the White River National Forest, and as shown on the map of the authorized area, attached as Appendix A. The above-described area shall be referred to as the "permit area." This pemut is a Priority use permit issued for the purpose of authorizing the following outfitting and guiding activities: Outfitting and Guiding CapaeitV Unit ACt1V1 Upper Fryingpan (Salt Log, Twin Day Hunting Meadows, Sellar Meadow, Hagerman) Deadman (Sawmill Pazk, Day Rides Little Deadman) Last Chance (Henderson Pazk) Day Ride/Hunting Ruedi South (to Aspen) Progressive Horse Chapman Gulch Day Rides/Hunting Service Davs 900 Summer/Fall 50 Summer 105 Fall 115 Summer 30 Fall 50 Summer 60 Fall Total 1310 Service Days Note: On Last Chance Trail #1945 to Te]lurium Lake Trail #1917, no horses allowed within '/< mile of Tellurium Lake unless on the established Trail #1917, passing through only. The above described or defined azea shall be referred to herein as the "permit area." Use Code: 153 Issue Date: 3/31/2008 Authorization ID: SOP228 Expiration Date: 03/31/2018 Contact ID: COOMBS DALE FS-2700-4i (03/06) OMB No. 0596-0082 Authority: Federal Lands Recreation Enhancement Act, 16 U.S.C. 6802(h) (Ref. FSM 2709.11, section 53.1) ~~~~a- ~~ Coombs/Old Time Outtittina Service of 1631 County Road 293, Rifle, CO 81650- (hereinafter the holder), is hereby authorized to use and occupy National Forest System lands, subject to the terms and conditions of this permit, to provide outfitting and guiding services within the Aspen- Sopris R.D. of the White River National Forest, and as shown on the map of the authorized area, attached as Appendix A. The above-described area shall be referred to as the "permit area." This permit is a Priority use permit issued for the purpose of authorizing the following outfitting and guiding activities: OUTFITTING AND GUIDING Caaacity Unit Savage and Carter Lakes Last Chance Ruedi South (Rocky Fork, Yak Mtn.) Ruedi North (Jakeman Creek, Waterburry, Hells Basin, Smith Creek) Lower Fryingpan (East and Main Downey, Burke Gulch, Bear Creek, Upper/Lower Frenchman) COp~7 SPECIAL USE PERMIT FOR OUTFITTING AND GUIDING Service Davs Activi Season 60 100 224 365 764 Day Rides/ Summer/Fall Pack Trips Day Rides/ Summer/Fall Hunfing-Drop Day Rides/Pack Summer/Fall Trips/Hunting-Drop Day Rides/Pack Trips/Fiunting Drop/Guided Summer/Fall Marten Creek 40 Hunting-Archery Summer/Fall The above described or defined area shall be referred to herein as the "permit area" I~~ii ~; L;O CONTRACT FOR USE OF RANCH FACILITIES This is an agreement by and between D & G Horses and the principals of Biglow Ranch for use of and access to ranch property for the purpose of running an outfitting business thereon, and for use of such portion of the bath house as is necessary to accommodate the patrons of D & G Horses. D & G Horses shall have exclusive right to run such a business at Biglow Ranch for the next five yeazs in exchange for such other and valuable consideration as includes repair, upkeep, and management of ranch property. Dated: .J • ~~• Ranch Dated: '~ ~~~ 7 ~ Dale Coombs an2il~Gale Coombs D & G Horses ;~~,~~~9 03/27/2009 08:13 6172278059 SW01~1LEY' & ASSOCIATES PAGE 02 Maul, 26, zoo9 Via Facsimile Only (970)920-5439 To Whom It .May Concern; I, .iolm G. Swomley, hereby authorize Dale Coombs to apply For aland-use license for commercial and recreational. use at Biglow Ranch. 22617 Frying pan Road, Meredith CO R 1642. __~ 2. ~ bate C Z7 D ~ D Q rn ~. p -n om z -I rtt 0 2 0 t o m ~ ~ ~ ~ ~ y ~ ~ CD ~ a U ~ ~ ~ _p -~ ~ ~ ~. ~ v cD y ~ ~ ~. ~ ~ ~' O O ~ O rn ~ D -r, .0 ~ ,n gy c ~, ( p ~ ~ ~ ~,~ o O . ~ 2 o D cn ~~ v ~ m ~ O N o ~ z ~ ~ m m x w _ m N. =,' N ~N O Z O ~ ~ p rn n C A m .9 D v rn ADJACENT PROPERTY OWNERS OF BIGLOW RANCH John and Margi Swomley 6148 N.W. Wales Rd. Kansas City Missouri 64151 John Swomley Jennifer Roberts 133 Newtonville Ave. Newton, Massachusetts 02458 ,~~;,i!'1.? 26/2009 00:46 PAX 970 625 1115 12117e Ins Agenc.v CERTIFICATE OF LIABILITY INSURANCE 71FLE INSURANCE AGENCY RIFLE INSURANCE AGENCY PO BOX 7700 RIFLE CO 81650 PHONE: (970) 625-1689 FAX: 970-825-1115 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR INSURERS AFFORDING COVERAGE INSURED COOMBS, DALE AND D & G HORSES AND OUTFITTING 1631 COUNTY RD 293 RIFLE CO 81650 0: C: D: f~oool/oool 0312612009 NAIC # THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO 7HE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDWG ANY REOUTAEMENf, TERM OR CONORION OF ANV CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IB SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SVOH POLICIES. AGGREGATE LMMTS SHOWN MAY HAVE BEEN REDUCED BV PAID CLAIMS. Nsa ADO 7YPE OFINSURANCE POLICY NUMBER voucY eTPecTPT voucr E%PIRAnon UR)173 LTR MSR MNID WTE MIE00 oeNeRAL LuBlurr PHPK398430 03/23/09 03!23/10 EACH OCCURRENCE E 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES aoLWMnCO E 50,000 CLAIMS MAOEO OCCUR MED. EXP IAny one person) E $,90D A PERSONALBADV INJURY E 1,0001000 GENERAL AGGREGATE E 2,000,000 GEN'LAGGREGATE LIMB APPLIES PER' PRODUCTSCOMP/OP AGG. S 2.000,000 PRO- POLICY LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LMAIT ANY AUTO (Ea accident) E ALL OWNED AVTOS BODILY INJURY (Par person) E SCHEDULED AUTOS HIRED AUTOS BODILY INJURY NON-OWNED AUTOS IPera¢itleM) S PROPERTY DPMAGE (Per eeeiaeM) S GARAGE LWBILIT" AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EA AGC S AUTO ONLY; AGG S E%CESS/UMBRELLA LIABILITY EACH OCCURRENCE S OCCUR ~ CLAIMS MADE AGGREGATE S S DEDUCTIBLE E RETENTION E $ WORKERS COMPENSATON AND vrc ETATLL OTHER TORY IIMIT6 ENPIOYER5 LIABILITY ANY PROPNETOMMTNERA3EDUnvE E.L. EACH ACCIDENT $ OFF1cERRAEMSER EXOLVDFDT EL DISEASE-EA EMPLOYEE 8 fyeN ee¢Hpp unM1r sPECML PRDYBIONS eelew E. L. DISEASE-POLICY LIMIT E OTHER: DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTI SPECIAL PROVISIONS SMWID ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL /0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO PITKIN COUNTY COMMUNITY DEVELOPMENT 00 50 BMALL INROSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS 970-9203439 AGENTS OR REPRESENTATIVES. 130 SOUTH GALENA AUTHORIZED REPRESENTATNE ASPEN CO 91611 n " l / `/~ " e ~ / t Attention: Carrfe Ann Holcomb /t ..( ` ~ y ~ ~~ ~ M818a Sh8p8F0, f115~8T~90pTfS.nBt' ~ ACORO 25 (2001/99) _ _ - _ Certl9ca[e # 40067 ®ACORD CORPORATION 1988 Pazcel Detail Page 1 of 6 Pitkin County Assessor/Treasurer Parcel Detail Information As_sensor/Treasurer_Property_Search ~ Assessor Subset~u~ ~ Assessor Sales Search Clerk & Recorder Reception Seazch Basic Building Characteristics ~ Tax Information Parcel,Detail ~ V_alue Detail ~ Sales Detail ~ Residential/Commercial Improvement Detai_l_ Land Detail ~ Photographs Tax Area Account Number Parcel Number 2007 Mill Levy 014 R006514 247321200002 58.757 Owner Name and Address SWOMLEY JOHN G ROBERTS JENNIFER G 227 LEWIS WHARF BOSTON, MA 02110 Legal Description SECT,TWN,RNG:21-8-83 DESC: TRACT IN NE4NW4 OF SEC 21-8-83 BGNNG AT THE SW COR OF SEC 21 TH N 89 DEG 44'01 "E 2623.40 FT TO THE N4 COR OF SEC 21 TH ALNG ~'HE ELY LINE OF NE4NW4 SEC 21 S 00 DEG 02'29"W 423.23 FT TO POB TH S 78 DEG 07'43" 1146.59 FT TO A PT ON THE ELY ROW LINE OF A 30 FT RD BUILT & IN PLACE TH ALNG THE ELY ROW OF RD ON THE FOLLOWING COURSES ALNG THE ARC OF A CURVE TO THE LEFT 111.54 FT THE CHORD OF WHICH BEARS S 03 DEG 15'10"W 110.67 FT TH S 09 DEG 08'24"E 132.96 FT TH ALNG THE ARC ~5 http://www.pitkinassessor.org/assessor/Pazcel.asp?AccountNumber-R006514 4/8/2009 Parcel Detail ~OF A CURVE TO THE RIGHT 76.45 FT THE CHORD OF WHICH BEARS S 00 DEG 29'59"W 76.09 FT TH S 10 DEG 08'21 "W 150.56 FT TH ALNG THE ARC OF A CURVE TO THE LEFT 94.98 FT THE CHORD OF WHICH BEARS S 11 DEG 04'41 "E 92.82 FT TH S 32 DEG 17'42"E 127.69 FT TO A PT ON THE S LINE OF SAID NE4NW4 TH ALNG THE S LINE OF NE4NW4 N 89 DEG 44'16"E 1047.70 FT TO THE SE COR OF NE4NW4 TH ALNG THE E LINE OF NE4NW4 N 00 DEG 02'29"E 896.16 FT TO THE POB Location Physical Address: 26617 FRYING PAN RD MEREDITH Subdivision: Land Acres: 20 Land Sq Ft: 0 Section Township Ran e 21 8 83 2008 Property Tax Valuation Information Actual Value Assessed Value Land:l 350,000 79,410 Im rovements: ~-294 300 63 720 Total: 644,300 143,130 Sale Date: 1/27/2003 Sale Price: 800,000 Basic Building Characteristics ~1D Number of Residential Buildin s: 1 Number of Comm/Ind Buildin s: 18 Page 2 of 6 http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R006514 4/8/2009 Parcel Detai] Residential Buildin Occurrence 2 Characteristics FIRST FLOOR: 1,976 1/2 STORY: 1,016 Total Heated Area: 2,992 Property Class: SINGLE FAM RES- IMPROVEMEN Actual Year Built: 1950 Effective Year Built: 1970 Bedrooms• 0 Baths• 0 Quality of Construction: AVERT 11 Exterior Wall: WD SID AVE Interior Wall: BASE Floor BASE Heat Ty e: BASE Heatin FueL• BASE Roof Cover: FBRGLS SHG Roof Structure: GABLE/HIP Neighborhood: FRYING PAN Super Nbad: 3101 Commercial/Industrial Building Occurrence 1 Characteristics LODGE FIRST FLOOR: 480 Total Area: 480 Property Class: LODGING-IMPROVEMENTS Actual Year Built: 1950 Effective Year Built: 1970 Quality of Construction: FAIR Exterior Wall: FAIR Interior Wall• FAIR Neighborhood: FRYING PAN Tax Information ~~ Tax Year Transaction Tye 1997 Tax Amount Amount $3,111.78 1997 Fee Charge 1997 Tax Payment: Whole $27.00 ($3,111.78) Page 3 of 6 http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R006514 4/8/2009 Parcel Detail Page 4 of 6 ~ 1997 ~~ Interest Chazge $217 82 1997 Interest Payment ($217.82) 1997 Fee Charge $4.00 1997 Fee Payment ($4.00) 1997 Fee Payment ($27.00) 1997 Tax Sale $3,360.60 1~ Tav Gala RaAo ..r:,. imp 1997 Y"' Fee Payment I ~yJ,JVV.VV~I ($7.00) 1997 Fee Charge $7.00 1997 Interest Payment ($352.86 j 1997 Interest Charge $352.86 1998 Tax Amount $3,108.30 1998 Fee Charge $80.00 1998 Fee Payment ($4.00) 1998 Interest Charge $2 ] 7.58 1998 Tax Sale $3,409.88 1998 ~ Fee Payment ($80.00) 1998 1998 Interest Payment T P ($217.58) 1998 ax ayment: Whole Fee Charge ($3,108.30) $4.00 1998 Fee Chazge $7 00 1998 Fee Payment ($7.00) 1998 Interest Payment ($119.35) 1998 Interest Charge $119.35 1998 Tax Sale Redemption ($3,409.88] 1999 Tax Amount $5,335.26 1999 2000 ~ Tax Payment: Whole Tax A ($5,335.26) 2000 mount Fee Chazge $5,484.12 $35.00 2000 ~ y Fee Pa ment ($4.00) 2000 2000 Tax Payment: Whole I ($5484.]2) 2000 nterest Charge Interest Payment $383.89 ($383.89) 2000 2000 ~~ Fee Payment T S ($35.00) ax ale $5,907.01 2000 2000 Fee Charge Interest Charge $4.00 $945.12 2000 ~~ Interest Payment ($945.12) ' ~, http://www.pitkinassessor.org/assessor/Pazcel.asp?AccountNumber=R006514 4/8/2009 Parcel Detail Page 5 of 6 2000 I Tax Sale Redemption II ($5,907.01)1 2001 Tax Amount $8,116.44 2001 Fee Charge $5.00 2001 Fee Payment ($5-00) 2001 2001 Tax Endorsement T P $8,446.10 2001 ax ayment: Whole I ($8,116.44) nterest Charge $324.66 2001 2001 Interest Payment Interest Chazge ($324.66) $591.23 2001 Fee Payment ($7.00) 2001 2001 Interest Payment T S l R ($591.23) 2001 ax a e edemption F ($8,446.10) ee Charge $7.00 Top of Page Assessor Database Search Options ~ Treasurer Database Seazch O tions ~9 http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R006514 4/8/2009 Parcel Detail Page 6 of 6 Pitkin County Home paeP The Pitkin County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. Copyright ~ 2008 Good Turns Softwaee. All Rights Reserved. Database & Web Design by Good Turns Software. http://www.pitkinassessor.org/assessor/Pazcel.asp?AccountNumber=R006514 4/8/2009 PUBLIC NOTICE RE: D&G Horses and Outfitting Special Review for a Commercial Outdoor Recreational Use (CASE# P02ti-09) NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, May 27, 2009 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 Dale Coombs (810 Lime Creek Road) requesting Special Review approval to provide horseback trail rides during the summer months in the Upper Frying Pan River Valley. The properties are located at 810 Lime Creek Road and are legally described as Lot 1 Dlugos-Deazhamer Exemption and Frying Pan aka Lot B Lime Creek Colony. The State Pazcel Identifications for thes properties are 2473-171-01-001 & 2473-172-00-005. 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 Cazi Anne Holcomb at (970) 920-5092. Jeanette Jones, Deputy County Clerk Boazd of County Commissioners Published in the Aspen Times Weekly on Apri126, 2009. Attention Applicant/Representative: It is your responsibility to do the following: 1. Mail this Public Notice to all adjacent property owners and mineral estate owners 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 I, ~ c,- ~ ~. C ~, ~ ~ v~-.~ S ,being or representing an Applicant to the Pitkin County Development Permit, 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: 1. 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 adjacent to the subject property, as indicated on the attached list, on the ~ day of Y~,~~, 200 (which is3~ days prior to the public hearing date of ~ ~.~ )• The names and addresses of the adjacent property 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. 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 _, 200 (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 place on the subject property (as it could be seen from the nearest public way) on the 's day of r, , 200q which is at least fifteen (15) days prior to the public hearing. A photograph of the-po ted sign is attached hereto. ~?~ ~. ~~z Applicant's name Signature SEAL ~_ ~: # ~.> i '!F ~t _ , 'oy _ _J i ~.~~'~ f ~ a• o~oa~ma Page 1 of 1 Cari Anne Holcomb From: Ray Babcock [ray.babcock@hotmail.com] Sent: Friday, May 22, 2009 8:49 AM To: Cari Anne Holcomb Subject: RE. D & G Horses & Outfitting Special Review for Commercial Outdoor Use Cari Ann, In response to your request I am writing you today regarding D & G Horses & Outfitting. Dale, Gail, and Leah Coombs have been long time residents of Thomasville and are considered valuable assets to our community. They are held with the highest regard in our community as friends to the Frying Pan Valley Caucus and have always been there to help the community in time of need. It is our opinion we would want them to remain in our community for as long as they choose. If you need additional information or would like to discuss in detail please call me on my cell (816) 223 0483 or my home # 970 927 0478. Thank you, Ray Babcock Corporate Secretary Frying Pan Valley Caucus. Subject: D & G Horses & Outfitting Special Review for Commercial Outdoor Use Date: Tue, 19 May 2009 12:48:45 -0600 From: CariAnne.Holcomb@co.pitkin.co.us To: ray.babcock@hotmail.com Ray: Thank you for your response to my request for comments from the Frying Pan Valley Caucus. We really appreciate your input. Can Anne Holcomb Planner Community Development Pitkin County 130 South Galena Street, 3rtl Floor, Aspen, CO 81611 970.920.5092 (Phone) 970.920.5439 (Fax) cananneh~co Pitkin co us Windows Live"": Keep your life in sync. Check it out. 5/22/2009 p.1 PITKIIY COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 S. Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX # (970) 920-5439 April 8, 2009 Mc Dale Coombs 810 Lime Creek Road Meredith, CO 81642 dghorseoutfittinna aol com Re: D&G Horses and Outfitting Special Review for a Commercial Outdoor Recreational Use (PID 2473-212-00-002; Case P026-09) Dear Mr. Coombs: 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, May 27, 2009 at a meeting to begin at 12:00 P.M. in the Plaza One Meeting Room at 530 East Main St., 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 fifreen days prior to the hearing (and remove it within one week after) and to mail notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department (copy of notice wil I 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 appeazed 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 Cari Anne Holcomb, the planner assigned to your case, at 920- 5092. Sincerely, Bonnie Waechtler Administrative Assistant Encl: Affidavit of Notice (Code Section 2-20-100) PITIQN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5526 FAX (970) 920-5439 MEMORANDUM TO: Basalt & Rural Fire Departrnent Emergency Management (Ellen Anderson) Risk Management (Kris Jewkes) Frying Pan Valley Caucus FROM: Cari Anne Holcomb, Community Development Department RE: D&G Horses and Outfitting Special Review for a Commercial Outdoor Recreational Use, (CASE P026-09; PID 2473-212-00-002) DATE: April 8, 2009 Attached for your review are materials for an application submitted by D & G Horses and Outfitting. The Board of County Commissioners will review the application on Wednesday, May 27, 2009. Please return your comments to me by Friday, May 15, 2009. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. PITKIN ~UNTY COMMUNITY DEVEL~MENT Permit Receipt RECEIPT NUMBER 00027473 Name: Old Time Outfitting Date:3/31/2009 Project Address: 810 LIME CREEK RD Type: check # 206 Permit Number Fee Description On Account 0026.2009.PLAN PP- Flat Fee 0026.2009.PLAN PP-Clerk Fee 0026.2009.PLAN PP-Clerk Tech Fee 0026.2009.PLAN PP- Public Notice Fee Total Amount 1 00 1, 247.00 130.00 25.00 54.00 1,457 00