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Home My WebLink Aboutbocc.res.197.2001 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING APPROVAL FOR THE VAGNEUR (WESTERN ADVENTURES) SPECIAL REVIEW FOR SNOWMOBILE OPERATIONS Resolution No.M-2001 RECITALS 1. Howard Vagneur, hereinafter, "Applicant', has applied to the Board of County Commissioners of Pitkin County, Colorado, hereinafter, "BOCC", for reissuance of an approval of a Special Review Use for a commercial snowmobile operation pursuant to the Pitkin County Land Use Code. 2. The subject properties used for the activities of the snowmobile operation are located in the Lenado/Kobey Park area. Staging takes place on the Neap Tide Lode mining claim, which is Forest Service property. 3. The BOCC approved an initial permit for the operations for the seasons of 1998/1999 and 1999/2000 in 1998 by Resolution No. 98-112, and for the season of 2000/2001 by Resolution No. 191-2000. 4. The BOCC heard evidence and testimony relating to the reissuance request at a regularly scheduled meeting on November 28, 2001. 5. The Board determined that the request meets the applicable criteria established in the Land Use Code, provided the conditions listed in this resolution are adhered to. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado, that it does hereby grant approval of the Vagneur (Western Adventures) special review, subject to the following conditions: 1. The applicant shall adhere to all material representations made in the application materials and in public meetings, including the Forest Service permit and the submitted "Snowmobile Safety and Operating Plan 2000/2001". 2. Staging and operations will not begin prior to November 1 st of each season and the operation will be vacated by May 31 st of each season, except for removal of the portable toilets and warming trailer, which will be completed by July 15 of each season. 3. "Use Days" shall not exceed 1,210 guided snowmobile trips in any one season. 4. There shall be no night time snowmobile operations. This does not preclude night time trail grooming and maintenance nor response to emergencies. IIIIIII IIIII IIIIIII IIIIIII IIIII I III Page: I 463112 0 z3:z7P SILVIP DAVIS PITKIN COUNTY CO R 0.00 D 0.00 Resolution No. a7-2001 Page 2 5. The applicant shall use snowmobile trailers with two snowmobile capacity whenever possible and no more than a four snowmobile capacity under any circumstances, except for initial staging at the beginning of the season and for breakdown of the operation at the end of the season. 6. Total vehicle trips on Woody Creek Road associated with the operation shall not exceed five round trips per day. This limit may be exceeded up to five times in any one season, but in no event may vehicle trips on Woody Creek Road associated with this operation exceed nine round trips per day. If the applicant is required to exceed the five times per season that five round trips per day may be exceeded he must notify the Community Development Director. In no event may the limitation of five round trips per day be exceeded more than ten times a season. 7. All snowmobiles and other vehicles associated with the operation shall be parked and/or stored on Forest Service jurisdictional lands. 8. The Applicant shall provide an adequate number of portable toilets to serve their customer base as determined by the Environmental Health Department(EHD). These toilets shall be maintained in a clean and sanitary manner and shall be located at least 100 feet from lakes and streams. 9. The applicant shall develop an emergency plan with remediation measures in case of a fuel spill in conjunction with the EHD prior to commencement of 2001/2002 operations: a) employees shall go through a fuel spill remediation training session approved by EHD prior to commencement of 2001/2002 operations, b)transport of fuel and refueling of snowmobiles shall take place in the location designated in the application, c) any spilled fuel shall be contained and removed immediately upon recognition by the guides, d) if a spill of 25 gallons or greater occurs the Applicant shall notify the EHD immediately. EHD will in turn report the spill to the Colorado Department of Public Health and Environment. A spill of less than 25 gallons shall be reported to EHD who will determine the proper course of action(containment or removal). 10. The applicant shall maintain the snowmobiles in the most efficient level of performance to minimize emissions from the engines. 11. Activities of this operation will be governed by the Pitkin County Noise Abatement Ordinance. 463112 (IIIIII(IIIIIIIIIIIIIIIIIIIIIIII(IIIIIIIIIIIIIIIIIIIIIIPage: 2 of 4 01//22//20 3.27P 0 0 00 Resolution No. d�-2001 Page 3 12. Any increase in employment associated with the operation above the current "baseline"of nine employees shall require notification to the Community Development Department for purposes of annual review. 13. The applicant's insurance policy as required by the Forest Service shall name Pitkin County as an additional insured. This insurance shall contain General Liability limits of $600,000 per occurrence. A certificate of insurance shall be presented for review and approval of risk Management by January 1, 2002. The applicant shall also require all clients to sign a waiver that indemnifies Pitkin County from any liability associated with this operation. The form of this waiver shall be approved by the County Attorney. 14. This permit is for the 2001/2002 season and three subsequent seasons, expiring on 5/31/2005 (the length of the existing Forest Service permit). Any additional years of operation sought by the applicant will require new review consideration by the BOCC. 15. Annual Review: A.) The applicant shall prior to August 1 st of each year submit a written statement to the Planning Director and EHD Director attesting to the continued conformance of the use to the conditions of the permit as per Land Use Code Section 3-210-010 E.1. The Planning Office shall review the permittee annual report to determine compliance with the permit and prepare a report to the BOCC to be reviewed at a duly noticed public hearing. The purpose of the hearing shall be to review the annual written report of the permittee and to provide an opportunity for citizen comment. Any referral comments received from the Woody Creek Caucus or other citizens or groups will be considered by the BOCC. B.) Based upon the annual hearing,the BOCC shall have the power upon good cause being shown,to modify the permit to require certain corrective measures to be taken, to impose new or additional conditions, standards or restrictions to address environmental concerns required by considerations of public health or safety or to bring the permit into compliance with other laws or regulations. Any violations of the terms and conditions of this approval may result in revocation of the permit by the BOCC. During the annual review of the statement of conformance the County shall have the opportunity to review snowmobile technology progress and require upgraded efficiency of engines used in the operation if feasible. 16. The County reserves the right to inspect the operation for compliance at any time. 17. Any changes in the Forest Service permit shall be forwarded within thirty days by the applicant to the Community Development Department for review and comment. 463112 IIIIII IIIII IIIIII IIII IIIII IIIII CO III IIIII IIII Illi 0 0 /23.27P 0 00 Resolution No. -2001 Page 4 APPROVED AND ADOPTED ON THE 28th DAY OF NOVEMBER, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By:'��'( , tq4ee Dean Michael C. Ireland, airman Cl6rk to the BOCC DATE: APPROVED AS TO FORM RECOMMENDED FOR ADOPTION Jo Cindy Houben ounty Attorney Community Development Director Iancec/cases/vagnmes2002.doc P159-01 2641271 463112 0 Page: 4 of 4 01/22/2092 0 00 3.27P SIL