Loading...
HomeMy WebLinkAboutpitkin.eh.264517400801 (2008) EMAIL re Horseback RidesNancy Mackenzie From: Lyndee Dean Sent: Friday, August 22, 2008 5:06 PM To: Nancy Mackenzie Subject: CAPITOL PEAK OUTFITTERS Nancy, Here are my finalized minutes. I am still paraphrasing the motion that Patti made as it is almost impossible to hear her on the tape. And, if you notice, there is staff direction for a work session AND I have entered what Mr. Howe stated with regard to how his chicken is prepared. Hope this works for you. Get back to me if you have further questions. READING AND PUBLIC HEARING ON RESOLUTION GRANTING SPECIAL REVIEW USE APPROVAL FOR CAPITOL PEAK OUTFITTERS, INC. — MOTION TO APPROVE WITH THE ADDITION OF A STATEMENT OF DOCUMENTATION STAFF: CARI ANNE HOLCOMB, PLANNER APPLICANT: Capitol Peak Outfitters, Inc. John Howe, President APPLICANT'S REPRESENTATIVE: Self SUMMARY OF REQUEST: The applicant is requesting Special Review approval pursuant to Code Sections 4-30-040(q), 2-30-30(h)(2) and 2-40-20(c) to use land owned by St. Benedict's Monastery as a site for commercial horseback riding tours for his outfitters operation. 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 is subject to a U.S. Forest Permit requirement. Cari Ann Holcomb proceeded with her presentation as mirrored in her staff memorandum. John Howe, President of Capitol Peak Outfitters, Inc. explained his operation to the board. A list of his activities showing the areas in which he operates, the number of service days and the season of use are attached to the packet material and shown as the Special Use Permit for Outfitting and Guiding. He said that he operates out of the monastery as that is where he grazes the horses. He has been doing this for 6 years. He is permitted up above, all of Capitol Creek basically from the backside of Carbondale to Aspen through the National Forest. Nancy MacKenzie, Environmental Health Officer was present and was representing the Pitkin County Environmental Health and Natural Resources Department. She addressed this item as shown in staff's memorandum on page 2. She had concerns with the following: • The applicant's treatment of raw sewage for the Special Review use. • Bathroom facilities available while out on trail rides • Hand washing facilities • Pitkin County does not allow chemical toilets • Where food for the trips is prepared. • Some conditions of approval for the 2004 Temporary Permit regarding an appropriate course of action with regard to sewer and potable water were not met at that time by the applicant. In order to assure compliance for both septic and food services, the applicant will be conditioned to obtain an annual review letter from Environmental Health to include with the Annual Review report. Commissioner Farris said that obviously for six years the applicant has been dealing with these issues and she wonders how he did it. Mr. Howe responded by saying that he has had port -o -potties there every year. The monastery at the barn area has one outside spigot and hand sanitizers and other than that they aren't going to build a facility to use the restrooms. If you look at the Snowmass Rodeo, he said, they have 20 port -o -potties that stay there all summer. He has one and sometimes two and it has always worked out. He said that they are there only for the months • that he does business. He said that it's only a two hour ride and to this day he has never had anyone have to go to the bathroom during that ride. As far as the food goes, he said he does fried chicken and it is pre -made Banquet chicken purchased from the grocery store and it's wrapped in foil and it goes in the lunch sacks. Mr. Howe commented that he has been in business for quite some time with no complaints from anybody and everything has always gone smoothly until he had to go through this process. Chairman Hatfield said that the board certainly respects his business but the board has certain requirements and questions so that they can all work together here. It sounds like he's doing a good job. Commission Kay -Clapper moved to approve the Special Review for Commercial Outdoor Use for Capitol Peak Outfitters, Inc. with the addition of a brief letter/statement for staff that documents where he purchases his food and how it is prepared, that he has hand washing available where he saddles up, and that port -o -potties are provided on site. Commissioner Farris seconded the motion. Ms. MacKenzie stated that her department will be reviewing changes that should be made to the new March 2008 Onsite Wastewater Treatment System Regulation. She said that they could review the chemical toilet issue for seasonal special events at that time. Several other users have already been required to not use chemical toilets such as Sustainable Settings and the Redstone Castle. This would be considered in any of their ensuing discussions. DIRECTION TO STAFF - Commissioner Richards said that Ms. MacKenzie raises a good point and she thinks that the board should change or consider changing and have a work session on that item in the future. Perhaps with criteria for Special Use Permits and try to keep it very narrowly defined. She does not want to approve something that's not consistent with our Codes, not to hold her up at all, but she thinks that Ms. MacKenzie raised a good point. It is her task to enforce what we have, she continued, and the board should make it comparable with the type of special use events that will be held sometimes. DIRECTION TO STAFF - Commissioner Owsley added that construction sites have port -o -potties for the duration of construction which can sometimes be up to three years. So, he agrees that it does need to be made consistent in terms of a seasonal operation or a special use operation and an approved port -o -potties that has a cleaning schedule et cetera. Ms. MacKenzie reminded the board that the Snowmass Rodeo only operates once a week. Chairman Hatfield said that the board appreciates when staff does their job and points out inconsistencies that need to be fixed. He said that the board will continue that item at a further discussion. Chairman Hatfield opened the public hearing. There being none, he closed the public hearing and called the question. Motion passed 5 to 0. Lyndee