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HomeMy WebLinkAboutbocc.res.103.2019RECEPTION#: 661834, R: $0.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 3, 01/09/2020 at 01:38:14 PM Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING SPECIAL REVIEW USE APPROVAL FOR SNOWMASS CREEK OUTFITTERS LLC RESOLUTION NO. 0 -2019 RECITALS 1. Pursuant to Section 2.8.4 (Actions) of the Pitkin County Home Rule Charter ("HRC"), all matters not required to be acted upon by ordinance or formal resolution may be acted upon by informal resolution. 2. Snowmass Creek Outfitters LLC ("Applicant") 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 on two McCabe Properties LLC Parcels and three parcels owned by St. Benedict's Monastery. 2. The McCabe Properties LLC parcels and St. Benedict's Monastery parcels are located within the Capitol Creek Valley and are zoned RS -30. They include parcels 264505404010, 264517300060, 264517400001, 264507101004, and 264517100001. 4. The BOCC heard this application at a duly noticed public hearing on December 18, 2019, at which time evidence and testimony were presented with respect to this application. 5. The BOCC has determined that the proposed use complies with the criteria established in Sections 4-30- 040(q) and 2-30-30(h) of the Land Use Code. 6. The BOCC further finds that it is in the best interests of the citizens of Pitkin County to approve this Resolution. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby grant Special Review Use Approval to Snowmass Creek Outfitters LLC to provide commercial horseback rides on the McCabe Properties LLC and St. Benedict's Monastery properties from May through November for the 2020 through 2029 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 current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. Horseback rides may occur up to seven days a week between 9:00 AM and 6:00 PM. Each ride may accommodate up to 28 riders. Staging and parking for rides shall be 3941 Capitol Creek Road (Parcel 264517300060. Two port -a -potties with hand -washing amenities shall be provided at the staging area. Food service for rides shall be provided from an establishment(s) with a valid Colorado Retail Food Establishment. Resolution No. 03 -2019 Page 2 4. The Applicant shall carry and provide proof of adequate Liability Insurance, as required by the County for all times of operations during the 2020 through 2029 seasons. Applicant must notify the Community Development Director of any change of status to the policy during the active season. 5. The Applicant shall carry and provide proof of a State of Colorado Outfitter License for all times of operations during the 2020 through 2029 seasons. Applicant must notify the Community Development Director of any change of license status during the active season. 6. The Applicant shall submit an annual report to the Community Development Department no later than March 1 of each approved year. The annual report shall include but not be limited to: a) Proof of current year General Liability Insurance as required by the County. b) Written approval from the McCabe Ranch and St. Benedict's Monastery for continued operations on the properties. c) Proof of current year 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 trips provided daily. ii) The total number of clients on each ride. iii) The total number of vehicles accessing the properties for each trip. iv) The total number of employees utilized per trip. 7. Trash shall be kept in an approved bear resistant container or enclosure as required by the County's Wildlife Protection Ordinance. All trash shall be separated for recycling purposes. 8. Parking is prohibited on County roads. Emergency access shall not be blocked. 9. The Special Review Use approval shall expire after any continuous twelve (12) month period of non-use. 10. The Applicant 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 ten (10) year time period of this approval. 11. Failure to comply with the conditions of approval may result in revocation of this permit. Resolution No. 163 -2019 Page 3 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TBMS ON THE 14th DAY OF NOVEMBER, 2019. APPROVED AND ADOPTED ON THE 18TH DAY OF DECEMBER, 2019. ATTEST: EST: Je ette Jones, Clerk fhe BOCC APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By GrZ )og(hman, Chair Date APPROVED AS TO CONTENT: John Ely, Cind�Iouben, County me Community Development Director Case 9P066-19 PID# 264517400001, 264517100001, 264517300060, 264507101004, 264505404010