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HomeMy WebLinkAboutbocc.res.079.2021RECEPTION#: 682873, R: $0.00, D: $0.00, 11/23/2021 at 09:27:38 AM, Pgs 1 of 4, Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE PITKIN COUNTY, COLORADO, BOARD OF COUNTY COMMISSIONERS APPROVING THE SMUGGLER CONSOLIDATED MINES, LLC SPECIAL REVIEW FOR COMMERCIAL SNOW TRUCKING/DUMPING/STORAGE AT THE SMUGGLER MINE BOCC Resolution 079- 2021 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. Smuggler Consolidated Mines, LLC (hereafter, the "Applicant"), has applied to the Pitkin County Board of County Commissioners (`BOCC") for Special Review approval for Commercial Snow Trucking/Dumping/Storage in an existing retention pond. The Applicant has requested a 5 year permit with this application. 3. The parcel is located at 100 Smuggler Mountain Road. PID#: 273707428002 (Legal Description, Attachment A). 4. The Applicant received 5 year permits from the BOCC pursuant to Resolution Nos. 18-2011 and 129- 2016. The 2016 permit expired after the 2020-2021 winter. 5. The BOCC heard this application at a duly noticed public hearing on November 17, 2021, at which time evidence and testimony were presented with respect to this application. 6. The BOCC fmds that the proposed commercial snow trucking/dumping/storage site complies with the Special Review use criteria in Sec. 2-30-30 and Sec. 4-30-50(1) of the Land Use Code, and, therefore, that a 5 year permit is appropriate, subject to annual soil testing. 7. The BOCC fmds that a 30' setback from the property line is adequate, pursuant to Sec. 4-30-50(1)(14) because the proposed snow dump site has been sited within an existing retention pond and there is very limited chance for the run-off to reach an adjacent property. Therefore, the BOCC finds that siting the proposed snow dump within the 50' setback is acceptable. 8. 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 BOCC that it hereby approves the Smuggler Consolidated Mines, LLC Special Review for Commercial Snow Trucking/Dumping/Storage, subject to the following conditions: 1. The Applicant shall adhere to all material representations made in, or in connection with, the application. 2. Debris shall not be allowed to accumulate on the snow storage/dumping site. All debris remaining after the melt out will be treated as waste and removed. RECEPTION#: 682873, 11/23/2021 at 09:27:38 AM, Pgs 2 of 4, Janice K. Vos Caudill, Pitkin County, CO Resolution No. 079-2021 Page 2 3. This approval shall expire after the 2025/2026 winter and a new permit is required to continue the commercial snow trucking/dumping/storage. 4. The Applicant shall provide the Community Development Director with soil test results each year, no later than by the end of September, in accordance with Land Use Code Section 4-30-50(L). If soil testing results do not meet the thresholds established in effect at the time of testing, the Applicant shall not dump snow at this site. 5. If the snow storage site does not comply with the adopted soil testing standards and snow can no longer be accepted in the approved location, remediation of the site, which may include excavation and removal of tainted soils, shall be conducted within 60 days of receipt of soil testing results. Remediation shall be in accordance with Pitkin County Environmental Health protocol and inspected by County staff for completion. 6. The Applicant shall comply with all other reporting requirements. 7. Snow storage operations shall only be conducted between the hours of 7:00 AM to 7:00 PM, Monday through Saturday. 8. Trucking to and from the site shall not disrupt recreationalists on Smuggler Mountain Road. 9. Dust from trucking shall be kept to a minimum. Mud shall not be tracked onto City streets. 10. The Applicant shall revegetate the storage areas in accordance with Community Development Department standards, if necessary. Weeds shall be managed appropriately under Pitkin County Land Management guidelines. Staff shall conduct a site inspection of the snow storage site in the spring to ensure compliance with this condition. 11. There shall be no surface runoff from storage/dumping sites unless best management practices are utilized to remove sediment and other contaminants from melt water and promote infiltration rather than runoff. 12. Failure to comply with the conditions of approval may result in revocation of this permit. RECEPTION#: 682873, 11/23/2021 at 09:27:38 AM, Pgs 3 of 4, Janice K. Vos Caudill, Pitkin County, CO Resolution No. 079-2021 Page 3 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 14t day of October, 2021. APPROVED this 17th day of November, 2021. ATTEST: ji& Julia Ely Clerk to the BOCC BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By Kelly McNicholas Kury, Chair Date Nov-22-2021 APPROVED AS TO FORM: APPROVED AS TO CONTENT: John Ely, County Attorney PID#273707428002 Case: PLAN.1966.2021 Cindy Houben, Community Development Director RECEPTION#: 682873, 11/23/2021 at 09:27:38 AM, Pgs 4 of 4, Janice K. Vos Caudill, Pitkin County, CO Resolution No. 079-2021 Page 4 Attachment A Legal Description Smuggler Mine Parcel, SMUGGLER MINE SUBDIVISION, according to the Plat thereof recorded March 15, 1995 in Plat Book 36 at Page 77, County of Pitkin, State of Colorado.