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HomeMy WebLinkAboutbocc.res.022.2023RECEPTION#: 694393, R: $0.00, D: $0.00, 04/19/2023 at 02:13:14 PM, Pgs 1 of 8, Ingrid K. Grueter, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO GRANTING APPROVAL FOR THE CRYSTAL BASIN HOLDINGS LLC ACTIVITY ENVELOPE AND SITE PLAN REVIEW FOR TRAILS AND RESTORATION Resolution No. 022-2023 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. Crystal Basin Holdings LLC (hereafter "Applicant") has applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") to designate a series of Activity Envelopes and obtain Site Plan Review approval to add 5.5 miles of mountain bike and pedestrian trails to their existing trail system. The trails will be open to the public free of charge with a recorded easement held by the County. The Applicant is also proposing to update the existing Coal Basin Trails, Operations and Management Plan and continue the ecological restoration of the property. 3. The Applicant describes the intent of the trail system as follows: A. To provide recreation and access to the surroundings of the Coal Creek and Dutch Creek forested areas on the private property for the general public. Trail system will provide optimized experiences for mountain bikers ranging from beginner to expert skill levels. B. To provide access and opportunities for educational groups to teach skills, associated responsibilities, and ethics to the next generation of riders." 4. The subject property is located at 4180 Coal Creek Road and is more specifically described in Exhibit A. 5. The property is zoned RS-30 and is 221+/- acres. 6. Mid -Continent Resources operated a complex of underground coal mines in Coal Basin from early 1950s to 1991. More than 5,800 acres of lands previously owned by Mid -Continent Resources have been transferred into the ownership of the National Forest Service (NFS) as part of the White River National Forest (WRNF). The subject property is the remaining portion of the holdings of Mid -Continent Resources, and is surrounded by NFS land. The property was heavily impacted by the former industrial operation. Since the mines were closed, the property has been reclaimed, which included elimination of surface facilities, backfill, grading, drainage and seeding. Even with the reclamation work that has occurred, evidence of the mining operation remains. The lamp house is the only remaining mining RECEPTION#: 694393, 04/19/2023 at 02:13:14 PM, Pgs 2 of 8, Ingrid K. Grueter, Pitkin County, CO Resolution No. 022-2023 Page 2 structure on the property. The property is traversed by old mining roads. The public is allowed to use Coal Basin Road for pedestrian, bicycle and equestrian access to the adjacent NFS lands; there are no seasonal restrictions on public use of the road, nor any restrictions on dogs. 7. The Hearing Officer granted 1041 Hazard Review approval pursuant to Determination No. 08-2002 to establish principal and accessory envelopes for a single family residence and a barn. The 1041 Site Plan was recorded in Plat Book 65 at Pages 95-96. The barn was built. The residence was not built, and the 1041 approval for the single family residence has lapsed. 8. In 2018 the BOCC approved 4.5 mile of mountain bike trails and other recreational amenities, BOCC Resolution No. 138, Reception No. 653618. The Resolution approved Activity Envelope and Site Plan Review for the trails and restoration. The Activity Envelope and Site Plan was recorded in Book 128, Page 80. The approval included a Restoration Plan and required a Trail Easement to run to the benefit of the County. The Trail Easement was recorded as Reception No. 656014. 9. The trails were constructed and opened to the public in 2021. 10. The Applicant proposes to add 5.5 more miles of trails to the existing system. The trails will provide for mountain bikers from beginner to expert. A pedestrian only trail will also be constructed. 11. The Applicant proposes to update the Coal Basin Trails, Operations and Management Plan and continue the ecological restoration that was started after the 2018 approval. 12. The Applicant requests an Activity Envelope and Site Plan review to establish envelopes for the development of new trails. 13. The BOCC considered the proposed application at a duly noticed public hearing on April 11, 2023 at which time evidence and testimony were presented to the BOCC. The BOCC voted to approve the Applicant's proposal. 14. The BOCC finds that the Applicant is committed to ongoing ecological restoration of the former Mid -Continent mine disturbance area. 15. The BOCC finds that the prior commitments have been accomplished and the Applicant is a good steward of the land. 16. The BOCC finds that the Applicant is willing to add the new trails to the existing Trail Easement dedicated to Pitkin County. 17. The BOCC finds that the proposed Activity Envelope and Site Plan review for the trails and restoration work are consistent with the applicable provisions of the Pitkin County Land Use Code, as amended, found at Sections 7-10-50 and 7-20 as follows: RECEPTION#: 694393, 04/19/2023 at 02:13:14 PM, Pgs 3 of 8, Ingrid K. Grueter, Pitkin County, CO Resolution No. 022-2023 Page 3 A. Portions of the trail alignments encroach on slopes in excess of 30%. The proposed non - motorized trails will be located on land held in easement by the County, and prohibit motorized conveyance, therefore, development of the trails may occur on slopes in excess of 30%, pursuant to Sec. 7-20-20(f) of the Land Use Code. The trails will be built in accordance with sustainable trail design standards as outline in the Trail Restoration Guidelines, and will not subject users to hazardous conditions. In some areas the trails will be used to mitigate erosion and stabilize slopes. B. A short segment of the new trail, in the south east corner of the property, will be located within the riparian and wetland buffer of Dutch Creek, which may be permitted pursuant to Sec. 7-20-80(c)(1) of the Land Use code. The trails proposed in this area are located in an area that was significantly disturbed by mining activity. A new trail will not create adverse impacts. C. Restoration work is permitted in the riparian and wetland buffer of Dutch Creek, near the new trail in the SE corner of the property, pursuant to Sec. 7-20-80(c)(2). The Application proposes to seed and plant in the riparian area to restore disturbed areas, enhance existing riparian vegetation and reduce erosion. No work is proposed within Dutch Creek. D. The property is not within any mapped wildlife habitat areas. E. The property is proximate to elk production habitat. It was confirmed in the 2018 review that steep slopes on the south side of Dutch Creek provide an adequate buffer from the recreational activity and the wildlife habitat. F. No trees greater than 6" d.b.h. will be removed within the Activity Envelopes. Any trees and shrubs greater than 4" d.b.h. that will be removed will be replaced on a 1:1 ratio. G. The property is within the scenic view protection area as seen from Coal Basin Road. No new buildings are proposed. The trails will have limited visual impact as seen from Coal Creek Road. The trails will utilize previously disturbed areas or will be constructed to meander through existing vegetation. H. The Operations and Maintenance Plan will be updated to integrate the recommendations of the Pitkin County OST program. I. No development is proposed within a riparian or wetland buffer. Portions of trails that require a drainage crossing will be located only on an existing or pre -approved culvert. 18. The BOCC 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 Board of County Commissioners of Pitkin County, Colorado that it hereby approve the Crystal Basin Holdings LLC Activity Envelope and Site Plan Review subject to the following conditions, which shall run with the land and be binding on all successors in interest, and authorizes the Chair to sign the Resolution and upon the RECEPTION#: 694393, 04/19/2023 at 02:13:14 PM, Pgs 4 of 8, Ingrid K. Grueter, Pitkin County, CO Resolution No. 022-2023 Page 4 satisfaction of the County Attorney as to form, execute any other associated documents necessary to complete this matter: 1. All material representations made by the Applicant in the application and in public meetings and hearings shall be adhered to and considered conditions of approval, unless otherwise amended by conditions 2. Coal Basin shall incorporate Best Management Practices as guidelines that may evolve as deemed appropriate by Pitkin County Open Space & Trails in cooperation with property owner. 3. Prior to submission of an Earthmoving/Clearing/Grubbing permit application, the Applicant shall be required to submit for approval by the County Attorney and Community Development an Activity Envelope and Site Plan in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation. The Activity Envelope and Site Plan shall be amended as follows, prior to recordation: A. Include a note that actual disturbance to construct the trails within the Trail Envelopes shall be limited to 5' on each side of the established centerline of the trail. B. Include a note that trail work next to Dutch Creek, in the SE comer of the property, will not encroach more than 30' from the high water mark of the Creek. 4. Within 90 days after completion of construction of the trails, the Applicant shall submit to Community Development for recordation an amended Site Plan that identifies the as -built location of the trails. 5. Concurrent with recordation of the Activity Envelope and Site Plan, the Applicant shall record an amended easement for public use of the trails. The Trail Easement shall run to the benefit of the County, shall be enforceable by the County, and may not be released or amended without the consent of the County. Prior to recordation, the Easement shall be submitted to the County Attorney and the Open Space and Trails Land Officer for review; accepted by the Open Space and Trails Board as an asset; and accepted by the Board of County Commissioners by Ordinance. 6. The Amended Trail Easement shall include the following: A. A prohibition of dogs off leash for users of the mountain bike trails and require dogs on leash for users of the pedestrian trail. B. The following language regarding E-bikes: No motorized uses will be allowed on trails specified for mountain biking, although Class 1/pedal assist E-Bikes may be allowed following adequate study of the impact of this use and compatibility with existing uses. RECEPTION#: 694393, 04/19/2023 at 02:13:14 PM, Pgs 5 of 8, Ingrid K. Grueter, Pitkin County, CO Resolution No. 022-2023 Page 5 C. Stipulate that discussion will occur with Pitkin County OST and the USFS before winter access to the Coal Basin trails is provided. D. Stipulate that discussion will occur with the USFS regrading camping and road maintenance. E. Clarify the role of OST Ranger for enforcement and responsibilities. 7. With the Earthmoving/Clearing/Grubbing permit application, the Applicant shall. A. Submit a drainage and erosion control plan for review and approval by the Planning Engineer. The Applicant shall apply for and obtain a State Stormwater Permit, if applicable. All historic and natural drainage patterns shall be maintained. Stormwater shall be detained onsite and allow infiltration of runoff prior to discharge. B. Submit a detailed restoration and revegetation plan with appropriate native materials. C. Submit a tree mitigation plan if any trees with larger than 6" DBH are to be removed. D. Submit the 1996 Environmental Site Assessment by Harlan & Associates, Inc., including information regarding soils testing, and the August 27, 2007 Summary Report Coal Basin Mine Reclamation Projects by Steve Renner, Colorado Divisions of Reclamation, Mining and Safety to Environmental Health to review. E. Demonstrate that the trail construction will avoid areas where a soil cap has been placed as part of the reclamation, or, if a cap will be breached, then the Applicant shall provide a plan to replace the cap. 8. All plants used for landscaping and revegetation shall be native species. Areas disturbed by construction shall be re -vegetated within one growing season of the project's completion. 9. Trash /garbage shall be kept in an approved bear resistant container or enclosure. 10. No development shall occur outside of the approved Activity Envelopes. 11. The ponds shall be available for fire -fighting. 12. Any new fencing on the property shall comply with the following standards: A. Wood or pipe rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty-four (54) inches in height above ground level, and twelve (12) inches in width (top view), and shall have at least eighteen (18) inches between the lower two (2) rails. B. Wire fencing must be three (3) strands or less. The top wire should be a twelve -point -five RECEPTION#: 694393, 04/19/2023 at 02:13:14 PM, Pgs 6 of 8, Ingrid K. Grueter, Pitkin County, CO Resolution No. 022-2023 Page 6 (12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle strands (which may be barbed) should be located a minimum twelve (12) inches apart and from the top wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches from the ground. C. Mesh or woven wire fences are prohibited, except when used for protection around isolated trees or clumps of trees. 13. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. 14. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on April 11, 2026. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN DAILY NEWS ON THE 9th DAY OF MARCH 2023. ADOPTED ON THE 11TH DAY OF APRIL 2023. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Daily News on the 27th day of April, 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS By: Jaia "Lt1 Julie Ely Deputy County Clerk APPROVED AS TO FORM: Ely John Ely, County Attorney PLAN.0197.2023 PID# 2727-104-00-004 By: Frau.l it. jacolew Francie Jacober, Chair Date: Apr-18-2023 APPROVED AS TO CONTENT: SwytuAlnt, (lieLf Suzanne Wolff, Community Development Director RECEPTION#: 694393, 04/19/2023 at 02:13:14 PM, Pgs 7 of 8, Ingrid K. Grueter, Pitkin County, CO Resolution No. 022-2023 Page 7 Exhibit A: Legal Description RECEPTION#: 694393, 04/19/2023 at 02:13:14 PM, Pgs 8 of 8, Ingrid K. Grueter, Pitkin County, CO EXHIBIT A e. sM/1♦ Fast American Title' Owner's Policy of Title Insurance ISSUED BY First American Title Insurance Company Schedule C POLICY NUMBER 5011408-0019712e File No.: 15003443 LEGAL DESCRIPTION The Land referred to in this policy is described as follows: A parcel of land situated in Sections 10, 11, and 15 all within Township 10 South, Range 89 West of the Sixth Principal Meridian, County of Pitkin, State of Colorado, being more particularly described as follows: Section 10: SE % SEY, NE % SE%, SE % SE %, S% S %SW 1/4SE%, S%S%S'%SW%, Section 15: N%NW %NW'/, N %S%NW%NW'/ NE'/4 NW %, N 'AS%NW 'It %, N '/zNWYNE'I, N %SWYNE%NE%, N % NE % NE %, Section 11: SW %SW'/4 Excepting therefrom a parcel of land described as Reception No. 409040 on 1st of October 1997 in Pitkin County, being more particularly described as follows: Beginning at the Southwest 1/16 Comer of Section 11; thence South 00°06' East 1310.10 feet to the West 1 /16th Comer of Sections 11 and 14; thence North 89°44' West along the Section line 475.00 feet; thence North 00°11' West 710.00 feet; thence West 50.00 feet; thence North 602.00 feet to the North line of the SW '% SW %; thence along said North line of the SW Y SW % South 89°31' East 525.00 feet, to the Point of Beginning. County of Pitkin, State of Colorado Form 5000000-C (7-1-14 Page 1 of 1 I Schedule C