Loading...
HomeMy WebLinkAboutbocc.res.048.2020RECEPTION#: 668409, R: $0.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 6, 09/21/2020 at 01:11:05 PM Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITIUN COUNTY, COLORADO, GRANTING SPECIAL REVIEW USE APPROVAL FOR THE ASPEN CENTER FOR ENVIRONMENTAL STUDIES RESOLUTION NO.( L-2020 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. Aspen Center for Environmental Studies ("Applicant") has applied to the Pitkin County Board of County Commissioners ("BOCC") for Special Review approval pursuant to Sections 2-30-30(h)(2), 2A0-20, 4-30-30(h), 4-30-40(f) of the Land Use Code to utilize the property for educational purposes and overnight camping in the summer. Educational programs would include, but are not limited to: • School-based environmental education classes; • Children's naturalist field school classes; • Adult naturalist field school classes; • Hikes, snowshoe, and ski tours for locals, visiting public, and for groups holding retreats, workshops, or meetings at the Catto Center at Toklat. The hikes and snowshoe or ski tours will utilize the property as a starting point and end point to access USFS property. 4. The campground to be located in the currently approved Activity Envelope would include: • 7 tent platforms with tents to serve 3-5 people. Both the tent and platform would be taken offsite at the end of the summer season. • A "program hub" with a fire pit, log rounds or collapsible stools to serve up to 25 people, picnic table, temporary seasonal weather covering, bear box, gear lock box, water storage a portable waterless toilet, and a portable hand -washing station; • Trail connecting the program hub and tents including 1 pedestrian bridge. 5. The property is located in the Castle Creek Valley at 250 Express Creek Road, and is more specifically described as the Elmira Lode Mining Claim, U.S. Mineral Survey No. 7664A, located in the Columbia Mining District and embracing a portion of Township 11 South, Range 84 West of the 6`s P.M., as patented and described in US Patent recorded January 11, 1952 in Book 175 at Page 574. 6. The property is zoned AR -10 and contains 10.216 acres. The parcel identification number is 290929300007. 7. The BOCC denied a request for 1041 hazard review, conceptual submission and special review approval for a single family residence and a caretaker dwelling unit, pursuant to Resolution No. 098-2000. The BOCC then found a taking and granted approval, pursuant to Resolution No. 149-2000. The 1041 site plan was recorded in Plat Book 54 at Page 84. The vested rights expired on June 28, 2003. 8. The Hearing Officer then granted 1041 hazard review and conceptual submission approval for a building envelope, and special review approval for a caretaker dwelling unit, pursuant to Determination No. 14- RECEPTION#: 668409, 09/21/2020 at 01:11:05 PM, Pgs 2 of 6, Janice K. Vos Caudill, Pitkin County, CO Resolution No. OW -2020 Page 2 2005. The 1041 site plan was recorded in Plat Book 77 at Page 3. The vested rights expired May 17, 2008. 9. A private road easement from the U.S. Forest Service for a driveway across USFS land was granted in 2001 and recorded as Reception No. 462346. The USFS authorized utility service lines to be buried under the road to serve the residence in a Decision Memo from USFS Supervisor, Martha Ketelle, dated December 4, 2001. The County issued an access permit and the driveway was constructed in 2009. The driveway when constructed was located beyond the limits of the 100 year floodplain based upon the 1987 Federal Emergency Management Agency (FEMA) mapping. The current effective FEMA mapping locates the driveway within the 100 year floodplain. There is no other to access the parcel. 10. Pursuant to Administrative Decision No. 41-2016, the Community Development Director granted an Activity Envelope Review approval for development of a single family residence and an attached caretaker dwelling unit. The Activity Envelope Plan was recorded in Book 116 at Page 48 as Reception No. 633911. 11. Pursuant to Administrative Decision No. 7-2017, the Community Development Director granted a Site Plan Review approval for a single family residence within the approved Activity Envelope. The Site Plan was recorded in Plat Book 1 l 8 at Page 83. A 100 foot front yard setback and a 30' side yard setback variance was approved where a 100 foot and 30 foot setback is required respectively pursuant to BOA Resolution No. 1-2017. In 2017 a building permit was submitted but withdrawn prior to issuance. 12. A Deed of Conservation Easement for the benefit of the Aspen Valley Land Trust was recorded December 9, 2019 as Reception No. 661050. An associated Management Plan was recorded as Reception No. 661051. 13. The BOCC heard this application at a duly noticed public hearing on May 27, 2020, at which time evidence and testimony were presented with respect to this application. 14. The BOCC has determined that the proposed use complies with the criteria established in 2-30-30(h) (1) & (2), 2-40-20, 4-30-30(h), 4-30-40(f) of the Land Use Code, as follows: A. The proposed development and use is compatible with the 2003 Maroon/Castle Creek Caucus Master Plan, the AR -10 zone district, and the character in the immediate vicinity. The location, size, design, and operating characteristics of the proposed use are in harmony with the surrounding area and have been designed to minimize any adverse effects. The Applicant has committed to transporting participants to the 72 hour parking area in a designated shuttle, or to have participants carpool within 3-5 vehicles. From the 72 hour parking area, participants will access the parcel by foot. The "program hub" containing all of the site amenities, and camping platforms will be located around the previously cleared, flat area within the Activity Envelope approved in 2017. The majority of the proposed camping amenities will be removed at the end of the summer season. Permanent improvements and the temporary amenities will be screened by the natural vegetation to minimize visual impacts. B. The proposed uses will not add residential growth in Pitkin County and will have no floor area associated with them. C. The proposed development will not materially endanger the public health safety or welfare, and will not substantially injure the value of adjoining or abutting properties. The Applicant will be required to comply with the geologic hazard mitigation recommendations provided in the review process. Group sizes will be limited to no more than twenty-five participants. Summer use occurring between May 1 and October 31 will not exceed 70 days. Winter use occurring between November l and April 30 will not exceed 70 days. Overnight camping will be limited to no more RECEPTION#: 668409, 09/21/2020 at 01:11:05 PM, Pgs 3 of 6, Janice K. Vos Caudill, Pitkin County, CO Resolution No. e -2020 Page 3 than 40 nights in the summer season (May I through October 31) with no more than 25 campers per night. D. The nonprofit educational programs and camping proposed by the Applicant are categorized as a "school" and "campground" use by the Pitkin County Land Use Code. The campground will be accessory to the school which is defined as a civic and institutional use within the Code E. The Applicant has agreed to abide by all Limitations of the Land Use Code. 15. 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 the Aspen Center for Environmental Studies to utilize the property for a campground and school use, 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. The use of the campground, and the educational programing shall adhere to the standards of review found in Section 2-30-30(h)(2), 2-40-20(c), 4-30-40(f) and 7-20 of the Code. 3. Prior to submitting for an earthmoving permit and/or prior to utilizing the parcel for any educational programs and camping, a professional engineer shall further evaluate the geological hazards without snow cover to verify assumptions in the RB Civil Report dated March 17, 2020. The Applicant shall then submit a detailed Site Plan/Geologic Hazard Mitigation Plan, and an Emergency Management Plan demonstrating compliance with any geologic hazard mitigation recommendations provided in the newly obtained report, the RB Civil Report dated March 17, 2020, the Colorado Geologic Survey letter dated April 10, 2020, and the Planning Engineer Memorandum dated April 6, 2020. The plans shall be reviewed and approved by the Planning Engineer who may at her discretion to refer the plans to the Colorado Geologic Survey for further review, or back to BOCC for reconsideration. The Emergency Management Plan shall be referred to the Emergency Management Department for their review and approval. In addition to general safety protocol, the plan shall address safety protocol for times of high river flows and hunting season. 4. The final Site Plan/Geologic Hazard Mitigation Plan, and an Emergency Management Plan approved by the Planning Engineer and the Emergency Management Department shall be submitted with an earthmoving permit for the construction of the permanent improvements such as the trail, bridge, and site preparation for the tent platforms. 5_ To protect personnel, assets, and minimize exposure to avalanche hazards, the Applicant shall comply with the following recommendation of the Colorado Avalanche Information Center (CAIC): A. Obtain avalanche education, gear, and training suitable for personnel who will be guiding/travelling in avalanche terrain and participating in backcountry activities; B. The Applicant shall analyze the Colorado Avalanche Information Center (CAIC) avalanche forecast and evaluate the impacts for their specific activities at the site. During periods of High avalanche danger, activities shall be restricted or prohibited. C. In addition to common avalanche problems such as persistent/storm/wind slabs and loose/wct snow conditions, camp operations and users shall evaluate all avalanche problems for specific terrain, elevations, and aspects as there are inherent risks unique to a variety of scenarios. Wide safety buffers should be implemented to address uncertainty. RECEPTION#: 668409, 09/21/2020 at 01:11:05 PM, Pgs 4 of 6, Janice K. Vos Caudill, Pitkin County, CO Resolution No. (/'l0 -2020 Page 4 D. Winter and spring trips should implement careful trip planning to start early and finish early to avoid the potential of loose wet avalanche hazards. The Applicant shall account for increased travel time in warm, sticky snow and that even slight variations and cloud cover can quickly change conditions. 6. The campground shall be occupied no more than 40 nights in the summer season (May 1 through October 31). The number of campers shall not exceed 25 campers per night. Overnight camping shall be prohibited when the National Weather Service issues a severe thunderstorm or flash flood warning for the area. 7. Group sizes shall be limited to no more than twenty-five participants. Summer use occurring between May 1 and October 31 shall not exceed 70 days. Winter use occurring between November 1 and April 30 shall not exceed 70 days. 8. Program participants accessing the parcel shall primarily be transported to the 72 hour parking lot on Castle Creek Road by either a shuttle, or carpooling in no more than 5 vehicles. From the 72 hour parking lot, participants shall walk to the parcel unless a vehicle is required by program participants with mobility challenges. In the event that there are participants with mobility challenges, a vehicle may park overnight within the driveway accessing the parcel. Participants shall stay on the designated trail across USFS land from the 72 hour parking lot to Express Creek Road and shall not walk along Castle Creek Road to the parcel. The establishment of new access trails shall be prohibited. 9. In the event overnight parking is necessary, participants will use the 72 hour lot. Cars or shuttles shall display identification for parking enforcement personnel to recognize that the vehicle is being used for ACES programs. ACES staff may access the parcel with a vehicle to perform maintenance, deliver supplies, or perform other activities necessary to support the programming. 10. Monitoring the property by ACES staff shall occur at least once a week to look for any signs of trespassing or illegal entry or use. 11. Tent coverings and other provided camping amenities shall be of an indigenous earth tone color and shall be non -reflective. The provided camping amenities such as tent platforms and tents, the portable waterless toilet, and campfire ring shall be concealed from view of the public right-of-ways of Castle Creek Road and Express Creek Road to the greatest extent possible. 12. The Applicant shall remove the canvas from the tents at the end of each season as well as all other temporary structures represented in the application 13. The Applicant shall comply with and obtain all applicable Colorado Department of Human Services and Pitkin County Environmental Health Department licenses and/or permits for the proposed educational programing and camping uses. Any required licensing or permits shall be obtained prior to utilizing the parcel for any educational programs and camping. 14. The Applicant shall obtain permits from the Pitkin County Community Development Department for the proposed site improvements as applicable. 15. The Applicant shall work with Aspen Fire Protection District to implement wildfire hazard mitigation measures prior to the first season of camping. RECEPTION#: 668409, 09/21/2020 at 01:11:05 PM, Pgs 5 of 6, Janice K. Vos Caudill, Pitkin County, CO Resolution No.N-2020 Page 5 16. The fire ring shall be permanent in nature and be constructed with stone or steel on concrete to prevent roots from growing into the fire pit area. It shall also be constructed in a manner that prevents embers from collecting in any nooks and crannies of the fire ring. 17. Prior to each summer operating season, a Wildfire Assessment of the site shall be conducted as required by the adopted fire code. Any wildfire hazard mitigation recommends established from the Wildfire Assessments shall be implemented prior to that summer operating season. 18. If food service is provided, it shall be from an establishment(s) with a valid Colorado Retail Food Establishment. 19. No dogs or other domestic animals shall be allowed on the property. 20. 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 2024 seasons. Applicant must notify the Community Development Director of any change of status to the policy during the active season. 21. The Applicant shall cavy and provide proof of a State of Colorado Outfitter License for all times of operations during the 2020 through 2024 seasons. Applicant must notify the Community Development Director of any change of license status during the active season. 22. The Applicant shall submit an annual report to the Community Development Department no later than May 1 of each operating 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. Proof of current year State Outfitter License as issued by the State of Colorado. C. An annual Wildfire Assessment D. Detailed records to include, but not be limited to: i) Water service and Waste disposal ii) The total number of summer day use, summer night use, and winter day use. iii) The total number of participants in each program. iv) The total number of vehicles utilized for each program including the number of vehicles parked overnight in the 72 hour parking lot. v) The total number of employees utilized per program. 23. Food shall be kept in an approved bear resistant container. 24. 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 and shall be packed off site after each day of use. 25. Parking is prohibited on County roads, except in designated parking areas. Emergency access shall not be blocked. 26. The Special Review Use approval shall expire after any continuous twelve (12) month period of non-use. 27. The Applicant shall be required to obtain new Special Review Use Approval after five (5) years and/or 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. An application to renew the Special Use review permit may be reviewed by the Community Development Director with public notice, if the use is in RECEPTION#: 668409, 09/21/2020 at 01:11:05 PM, Pgs 6 of 6, Janice K. Vos Caudill, Pitkin County, CO Resolution No. W-2020 Page 6 conformance with this approval and the Code criteria. If the use is not in conformance or concerns are raised by the public or referral agencies, then the application shall be reviewed by the BOCC. 28. 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 12TH DAY OF DECEMBER, 2020. APPROVED AND ADOPTED ON THE 27TH DAY OF MAY, 2020. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO S" F. cLu ATTEST: By Steven F. Child, Chair j6v-)S Date Sep -18-2020 Jeanette Jones, Clerk to the BOCC APPROVED AS TO FORM: lak%' al John Ely, County Attorney Case 4PO82- I9 PDO 290929300007 APPROVED AS TO CONTENT: GW,� WUA, Cindy Houben, Community Development Director