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HomeMy WebLinkAboutpitkin.planning.299905000000 (2004)DOCUMENT LAYOUT. _ THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION .~.,> LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat copies (11x17) RESOLUTION OP' THE BOARD OF COUNTY, COLORADO"GRAT`TTTl~"O`AE'I AREA AF-SKI MASTER PT.Al~ A'1~IE1V`D7 Resolution No./~-2004 RECTTALS .. 1. John Wilcox, hereafter "Applicant", as owner of Ashcroft Ski Touring, Inc., has applied to the Board of County Commissioners ofPitkin County, Colorado, hereafter "BC~CC", fo amend"the Master Plan approval granted pursuant to 80CC Resolution No. 052-200I with regard to the number of winter Beatings and special events. Nations F re shcroft Ski Touring Area is located inrthe ppen Ranger Distr~ of thgee Whrte River st iii Sections 3.1, 32, 5, 6, 7 and 8 '~'ownshi s 1 i and ] 2 Sout Ran 84 West of the 6th P.M. 3. Ashcroft Ski Touring, Inc. is permitted by the U.S. Forest Service to operate the t'~shcroft Ski Touring Area. The Ski Touring Area is comprised of approximately 607 acres with 18.5 miles of nordic trails, and is zoned AF-SKI: 4. The BOCC approved the Ashcroft Ski Touring Ski Area AF-SKI Master Pian pursuant to Resolution No. 052-2001. The af~'ordable housing' mitigation provisions of Resolution No. 052- 200] were amended pursuant to Resolution No. 117-2003. 5. The BOCC heard this application at a duly noticed public hearing on December 15, 2004, at which time evidence and testimony was presented with respect to the applicaton. 6. The BOCC finds that the proposed amendments are consistent with and provide elazification of the original approval. NOW, THEREFORE, BE TT`Y2ES~I:VEb by the ]30CC that it~hereb - , y grants approval to amend BOCC Resolution No.`052-2402, which`approved the Ashcroff Ski Touring Area AF- SKI Master Plan, as follows: The conditions of Resolution Nos. 052-2001 and 111=2003 shall remain in full force and effect, except that conditions I9 and 21 of Resolution No 052-2001 s"fiaC(`6e replacedas contained herein. 2. Special events shalt be limited to no more than 35 per year, 5 of which shalt be limited to a maximum of 250 people, including event staff, with the remaining 30 events to be limited to ] 50 people. A special event is a group function (rather than individually reserved seats) with more than 75 people in the winter or 150 people in the summer. Shuttle service shall be provided from Aspen to the Cookhouse for summer special events with more than 150 people or for winter special events with more than 75 people. The Applicant shall submit an annual report by December 1 of each yeaz to the Community Development Department, which shall specify the number of events, the number of people attending, the number of vehicles and where they were parked, and the number of shuttles run per event. The ooaoo.~ V'~ //'' Resolution Nv.~W -1004 Page 2 Applicant shall notify the CommunityDevelopmeht Director Creek Caucus by mail and on a timely basis of all scheduled I times, and number of guests aniicrpated: "The Applicant shall Development Director grid fhe Caucus ifthe schedule change The seating capacity of the formal dining room(s) within the Pine Creek Cookhouse shall be limited to a maximum of 75 seats and the outdoor seating capacity shall be limited to a maximum of 40 seats. No more than 75 reservations sliail`6e acceptedfor any one seating (summer and winter), and an additional 8 seats shall be available for guests without reservations. These limrtabons are not applicalite to `special events. The Cookhouse shall be limited to two seatings'af lunch in the summer and winter; two seatings at dinnerin the summer; and one seating at dinner in the winter, with a second seating allowed at dinner in fire winter on no more than 30 nights. 4. The Applicant shall adhere to all representations made in the apphcafion aril in public meetings and hearings. ar ure to com I with these condrtrons of a royal shall result in revocatr approvals and permits for tliel'ne Creek;Cookhouse: ~on of the NOTICEOIyPUBLICYiEARrIIQCPIIBLISHEDIN 1'fIE?`i51sE1V``I'IIITE5WEEKL~' "` on the 13 da of November, 2004. APPROVED AND A150PTED on the 1S`h day of December, 2004. gTTEST BOARD OF COLINTl' COIv1Iv11551ONEI~S PITKIN COUNTY, COLORADO" ' "' ~y~ Dorothea Fa " ,Chair Tones, Clei{k to APPROVED AS'~O CONTENT: APPROVED AS TO FORM: Cii ouben John Ely Community Development Director Co ey P190-04 P[D #2'994-OS ~OOOOL 1 .vr , r.~ . --,_ ~ ... ~. ,.. ~. y~,, f,,, ,:. AGENDA ITENT 5UM11~ARY TO: Board of County Commissioners Regular Meeting -December 15, 2004 THRU: Ci~idy Hoube~ C~om~m pity Development Director FROM: Suzanne Wolff. Senior Planner RE: Ashcroft Master Plan Amendment -Pine Creek Cookhouse Special Events &Seatings SUMMARY: The A licant has regtested to amend language in Resolution No. 052-2001 (attached} PP wrth regard to the number of winter Seatings and special events (letter attached). The Applicant discussed these issues with the BOCC at a special meeting on January 20, 2004 (minutes attached). At that time, the BOCC directed the Applicant to submit an application for a master plan amendment to address these issues. APPLICANT:.John Wilcox REFERRALS: The Maroon/Castle Caucus is discussing the request at their meeting on Friday, December I0. Theis comments will be provided at the`BOCC meeting. ISSUES: Winter Second Seutrngs: Condition No. 19 of Resolution No. 052-2001 states (in part),, "A special event is an event that exceeds the normal seating capacity of Elie Cookhouse which is two Seatings at lunch, one seating at dinner in the winter and two Seatings in the summer." Based on this language; staffhas asserted that a secatd seating in the winter constihites a special event and would require a temporary use permit. The Applicant obtained temporary commercialuse/special event permits for second Seatings during fiighseason (time periods ofbecemlier 20, 2003 =January 5 2004;1rehruaiy 15-17, 2004; March 6 and 7, 2004; and April 9, 2004). These events count against the totatof 35 special events permitted each year at the Cookhouse. Staff did not receive any complaints regarding the second Seatings last year. The Applicant notified Lynne Mace with the Caucus when second Seatings were scheduled. The Applicant asserts that the Cookhouse has always offered a second seating during peak tourist vacation periods, and that this second seating should be considered part of the "normal seating capacity" and should not requ ire a temporary itse permit or count against the number of special events permitted each year. Staff is not opposed to the Applicant s request. Rath ` "~ " er than trying to specify exact time frames when second Seatings may occur, staff suggests that the total number of second Seatings in the winter be limited to i0. Staff also recommends that the Applicant be required to submit a schedule to the County and the Caucus notifyhtg them of the dates when second seatings will occur. Staff would note that an employee audit is already required 2 years after the date of issuance of Certificate of Occupancy ., for the Cookhouse; if employment figures a're higher than originally calculated, the Applicant w'il'l be required to"mitigate for any additional employees. Winter Special Events: The Applicant has requested to eliminate the requirement to obtain a temporary use permit for special events in the winter. Staff and the Applicant agree that the temporary use permit application and process is not applicable to special events at the Cookhouse, given that the Cookhouse already operates as a restaurant during lunch and dinner and a special event just occurs instead of the ~QDOQ`3 .. regular operation. Staff agrees that it is appropriate to utilize a process similar to that for the Elk Mountaih'Lodge -the Applicant shall notify the County and the Caucus of the schedule of events and shall submit an annual report demonstratingnompliance with tUe conditions of approval. Staff suggests that the approval specify that a special event is a group function with more than 75 people, rather than individually reserved seats. Resolution No. 052-2001 requires shuttle service for special events with more than 150 people. Staff suggests that shuttle service be required forwinter special events with more than 75 people, as a special event will have amore concentrated impact from a traffic and parking perspective. Staff believes that a different standard for winter special events is justifted, gven that the parking impact is off-site (away frnm~the Cookha~se); while in the summer, parking occurs adjacent to the Cookhouse. RECOMMENDATION: St<1ff recommends tliat the BOCC adopt a "motion to approve the Ashcroft Ski Tourin Area AP-S[Q Master Pla<r Amendment, sub'ec£' g ~ to the attached resolution." Attachments: A. Applicant's Ietfer of request B. BOCCResohrtion No. 052-2001 C. l/20/04 BOCC Special Meeting Minutes OOOOOC~ November 5, 2004 ~~~CR®~~ b`~~;" PCOOKHO SEK To: Suzanne Wolff Pitkin County Community Development Via: Email From: John Wilcox Ashcroft Ski Touring Ltd., Inc. (AST) Application: Master Plan Amendment- Re: Resolution No.: 052-2001 Aschroft Ski Touring AF-SKI Master Plan Amendment Land Use Code Section: 3-200-080, Minor Amendment to a Development Permit Summary of Request: Ashcroft Ski Touring, Ltd. (AST) would like to clarify language in the resolution described above with regard to the number of Beatings at the Pine Creek Cookhouse (PCC) in the winter. This past January we visited with the Board of County Commissioners regarding interpretation of language in our resolution relating to: 1) winter dinner capacity of the restaurant; 2) private party requirement for "temporary use permit...from the County...for all winter events that exceed the normal seating capacity." "Section 19: Special Events... A special event is an event that exceeds the normal seating capacity of the Cookhouse, which is... one seating at dinner in the winter." AST believes that this language is correct for special events e: a winter special event would be an event in the evening fora singCe party of over 75 pemple. Also, the key word is "normal.., seating capacity." PCC has always offered a second seating in the winter time to accommodate private parties and the demand for services during the peak tourist vacation periods ie: Christmas, Presidents Day, Valentines Day and Easter. ~'(3~QO~ ASHCROFT SKI TOURING UNLIMITED, INC. 314 S. SECOND STREET ~ ASPEN, COLORADO 81611 ~ 970/920-4093 ~ FAX 990J920-4961 Continued: "Section 19: Special Events... A temporary use permit shall be obtained from the County for all winter events that exceed the normal seating capacity.'" AST believes that this language should be deleted as the permit is not applicable to an ongoing restaurant operation. Furthermore, Elk Mountain Lodge, which operates a catering hall, is not required to provide an application for any of their events. "Section 21: Seating Capacity...No more than 75 reservations shall be accepted for any one seating... " AST believes that this section correctly deals with the seating capacity of the restaurant for both winter and summer. Perhaps to clarify this, "summer and winter" should be added to the language. We appreciate your careful consideration of our application for the minor clarification of our approvals. --~ '~~~ ail/ ~~~~~~ Resolution No.D'.«_z001 Page 3 _ ,....,~. will be required to mitigate for the additional employees to the satisfaction of the Housing Office. 16. The housing of 1.9 FTEs shall be accomplished by the acquisition or construction of a ,. Category 2 unit off-site or as a payment-in-lieu, prior to issuance of a Certificate of Occupancy for the Cookhouse. The Category 2 unit must be approved by the Housing Office, prior to acceptance as mitigation for the development. In order to facilitate the Applicant's opportunity to purchase a unit for his employees at the Burlingame Ranch or other affordable housing project acceptable to the Housing Authority, the Applicant may submit financialsecurity in a form acceptable to the County Attorney tithe amount of the applicable cash-in-lieu payment for a Category 2 unit, prior to issuance of the' Certificate of Occupancy for the Cookhouse. The County may hold the financial security until the Applicant provides docurnentafon of the purchase of a deed restricted unit of Burlingame or other project acceptable to the Flousing Authority, or until three years .: from the date of this Resolution after which time the County'may redeem the financial security. 17. The owner/manager's unit on the Montezuma Mill Site shallbe deed-restricted as a Resident Occupied unit, subject to the. following restrictions, and not the restrictions -_. _ ,. specified in the Housing Guidelines: A. The unit shall contain a maximum of 3,500 square feet of floor area, as calculated at the time of building perrnit application; B. The unit shall be occupied by an employee of Ashcroft Ski Touring (and/or the Pine Creek Cookhouse); C. The unit shall be occupied as a primary residence; D. The resident(s). of the unit shallnot be'subjectto income or asset limitations. 18. The Schoolhouse shall not be demolished until a Certificate of Occupancy is issued for the new 3-bedroom employee housing unit adjacent to the Cookhouse. 19. Spacial events shall be limited to no more than 35 per yea; 5 of which shall be limited to a maximum of 250 people, including event staff with the remaining 36 events to be limited to 150. A special event is an evem that exceeds the normal seatirigbapacity of the Cookhouse, which is two Beatings at lunch, one seating at dinner in the winter and two Beatings at dinner in the summer. Shgfle service shall be provided from Aspen to the Cookhouse for special events with more than 150 people. The Applicant shall submit an annual report by December 1 of each year to the Community Development. Department, which shall specify the number of events, the number of people attending, the number of vehicles and where they were parked, and the number of shuttles nin per event. A temporary use permit shall be obtainedfrom the County for all winter events that exceed the normal seating capacity. 20. The applicant and the County shall monitor to determine if adequate parking is available. If parking for the Cookhouse and the ski area exceeds the capacity of the parking lots, the applicant shall work with the County and the Forest Service to determine appropriate mitigation, whether by providing additionalparking or additional transit service, 21. The seating capacity of the formal dining room(s) within the Pine Creek Cookhouse shall be limited to a maximum of 75 seats and the outdoor seating capacity shall be limited to a oa~aa 7 I Illili 11111111111 111111 IllVllllll ll>~II ~I~~I~I*rlllyl~ll A53868 04/~t3I2001 02 SIP Rt:50LUTI DgV25 S~ILVI 6 of 4 R 0.00"D 0.00 N 0.00 "~>?`rKIN~OUWTY"Clt`` ResolurionNoAS~-2001 Page 6 maximum of 4b seats. No more than 75 reservations shall be accepted for any one seating; and an additional 8 seats shall be available for guests without reservations. These 1rmitatons are not applicable to special events. 22. The applicant shall apply to the Board of Adjustment for variances forberms in excess of 6 feet in height within the required 1'00' Castle Creek Road setback. 23. The new Pine Creek Cookhouse shall contain a maximum of 4,500 square feet of floor area and a maximum of 4,000 square feet of below grade space. The below grade space shall only be used for storage and other uses accessory to the restaurant, but shall not accommodate additional seating. For the purposes of this application, floor area shall be defined as specified in Exhibit A. 24. The Applicant shall submit the amended Master Plan to the Community Development Department for approval and recording, prior to building permit application for the new Cookhouse or any other improvements. 25. The Applicant may erect a yurt to be utilized as a replacement seating area while the new Cookhouse is under construction. The yu'rt shall be removed, prior to issuance of the Certificate of Occupancy for the new Cookhouse. 2ti. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code andColorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 4-140 and C.R.S., § 24-68=I05. The statufory vested rights granted herein shall expire on January 10, 2011. NOTICE OF PUBLIC H1gARING P`UBTLSHEDYIlV'f`fIE'"ASP~+CTS'"WW~'F,'KLIY on the 9~ day of December, 2000. APPROVED AND ADOPTED on the l Om day of January, 2001. REVISION APPROVED AND ADOPTED on the' 14th day of Mazch, 2001.. PUBLISHED AFTER ADOPTION FOR VESTED BEAT. PROY'IERTY RIGHTS Ti~T "` THE ASPEN TIMES WEY•;KLSIon rite 'L~day of RP.¢ii. , 2b01. OOOOOS IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~IIIII~III~IIII~I~ 463 6 8t;8 04/26Y2003 02i~3iP RESbLOTI DpVIS 5ILVT f 9 R 0:00MD'ld.'00 N"0.00 PITKIN COUNTY CO' APPROVEfS FEB~t1ARY 11, 2'004 MINUTES PITKIN COUNTY BOAF2D' O'F COCINTY COM1~IfSStONIE~S `" SPECIAL MEETING JANUARY 20: 2004 NOTE: ALL ATTACFfEI'7 MEETING CALL TO"OIiCJER: Chairman Farris called the special meeting of the Board of County Commissioners fo orderat`12:+)`5 pm sK,._" Jack Hatfeid, COMMISSION `MEMF3ERS NOT PRESt:7~'tf none ' -, Suzanne 6'VoIfF-Senior County Planner; Ashcroft Ski Touring, lnc. (John VWilcox) - Applicant; Glenn Horn-Applicant's Representative Chairperson Farris said that at the Commissioners' meeting last week one of the canditio'ns had to do with ettm ale Y y g g tter of credit from, John V~7i(coz. She asked County Attorne John EI if he had s'eceived that letter of credi#? Mr, Ely Desponded, no. Mr. 9 ilcox sgaid9 hat he did tigave the leases and that tye letter of credit would be the only thin missrn n ht now. He ave the leases to Mr. EI . waslasf Thursda ethe 15~ubut had beenst~ated that the cut off date for the letter of credit Y xtended to January 22. So, Mc Wilcox still has two (2) days to get that letterof credit fo staff. Today's meeting will be focusing ari what canstttutes a special event as shown in condition number 19 of Resolufion No. 052'='20~"'( ` "`"rv BOARD OF COUNTY COMMSSIONETtS 1 SPECIAL MEETI7VG JANUARY'2a; 2004 OOU003 ,~. _ ,,. Ms. Wolff proceeded with her presentation as outlined in her Agenda Item Surrimary. Said Summary can be found in the BOCC packet material for January 20, 2004. Glenn Horn, applicant's representative, said that he believes the issue is whether or not two winter seatings constitute a Master Plan Amendment, or whether it's ambiguous and a misinterpretation of approval Mr Wilcox undersfiands said'Nlr. Hom, #hat he was And i fgthat were exceed d at o'ne tme ifwould~hen consfit el alspec alreventt dinner. r. i cox spoke to condition number t 9 of Resolutio ,particularly with n No. 052-2001 ` .._ respect to speaal events'. A copy;~of said resolution is rn the BOCC meeting packet material: He informed the board that during the las`LLChnstmas holiday he had two ..~... separate events with 70 people at each evenf buf wft~ two separate arrival times. Staff considered them both as special events. He said they were looking at trying some staggered times to see if that would work best for themand their customers. Further discussion ensued. Chairperson Farris does believe need some clarification. But, shi sit and do that. She asked if we, condition number 19 to say? Anc the letter of credit wilt have been Commissioner Ireland said that there is to do certain things as a condition of ap was an extension of GO. If there is no 1 the board would not be going further wit 19 in embers, could say what we understand on Tuesdayfor approval, when hopefully by applicant #hat they were going granted to them, last week, which Th Aboard members discussed their, interpretation of the term,"special events" within the sco a of condition number 19 of"ftesolutiari 052 2001: Commissioner Roy said that she would be willing to exceed the one seating condition in the winter during the holiday season to allow for those extra requests during that Time of the year: Cindy Houben, Director of Community Development, said that that she thinks the ~. -,. number 19 condition needs fo~be clarified, Andtlie way to do that; she continued, was by either an appeal or amendment procedure with a public hearing: Mr. Horn said that the key word is the normal operation in the winter would be one seating in wintertime for dinner. Ih high season, he continued, there needs to be a provision without going through a major process for two, seatings during the high season in the winter. The definition of high season would have to be determined. BOARD OF COi3N't'Y CO"1VIll~'1SSI0'~15;~R~S"' "" ~` ~ ~ ~"` ~ SPECIAL MEE'I'IIVG JAll~r7AR 1'"2U, 2.004 OOOQ~.O .3 ~~.::. -. .: _ .,.. .- ~ ~ is Mr. Horn then addressed a temporaryuse permit special event application that was new to him. He thin ks that this process is not applicable to a facility that exisis, such as the Cookhouse. Plus, he said these applications would have,to`befilled out by staff and applicanffor each request and `that would get overwhelming. 'He thinks that this is the next part that needs to be addressed. eearine a devePo meet IatreementMOnce the fire happened~theirfocustwas takens of p p g p g off that agreement to deal with the fire si#uation. He said that they lost track of certain thing's that needed to be clearly de#ined:" ~" `~~"~~~~ """`~°~~ r. Wilcox called the board's attention to condition number ~1"`that according to~Mr. Wilcox,'clearly talks aboutthe seating capacity of the restaurant. 'He said that it contemplatesrnore than one seating. And, he added, it doesn't definewinfer ~or summew: But Chairperson Farris stated that condition number 19 does state that winter should have one seating. Chairperson Farris reitera#ed what Mr. Wilcox was _saying and that he was talking about the holiday issue;. two seatings during the holiday; why Mr. ~Icox shouldn't have to have a temporary use permit; and what a special event encompasses. Chairperson Farris asked if the board were to clarify what condition numbers 19 and 21 say, could that 6@ done without going through the lengthy time required for a hearing process? Ms. Houben said that she thinks there would be a 30 day notice hearing process required. She added thafit wouCc~n"'t go to P&Z~but would go directly to the BOCC. $he said that the board could say this rs the way we interpret it today and this is an interpretation. But, she said, to gef ~o where we all want to get which is that whole holiday period_d,iscussion, then we have o go through an amendment process. Chairperson Farris asked Ms. Houben if she were saying then that iri 30-days you would be able to be back before us (the BOCCj with an amendment at a public hearing of the board? Ms. Houben responded by saying she would need an application for an amendment. Chairperson Farris asked if the board could consider today's meeting an application for the amendment? Ms. Houben said that there's more to it than that such as a fee and a few other things if it's to be done right. f1 .., , .. m .....mss., ,- ~_ ~..~, ,.. .::. ,.. _ .~. .,.. BOARD OF COUNTI' CGMIVIT~SYO"1~lErR~"'"" 3 ~" SPECIAL MEETING JANt7AT2I''20, 2004 ooQO y . ~ , ..x .. 43. .. :. Chairperson Farris said that there ~s a difference of opirnon as to what.was meant in conditions nurrib9~ 199 nd"2g1 but s~ie said, tiere9s„more to,t than that as tFie~e is a re uest for than ere ardor the number of seatin sand/or an event that doesn't exceed. the 156. So there s an amendmentthat we're talking about. Commissioner Clapper said that the greater amendment is coming up with a plan not simply defining the language in conditions 19 and 20; but coming up with a process like the onewe have at Elk"Mountain Lodge. that, to her, signifies the need to amend it. If we were just clarifying language then that, to her, is not an amendment. Commissoner'Roy said thaf ratherthan going through an amendment of a Master Plan for be tweaked?'fwe go througfi the one-year report and determine if anything needed Mr Wrleox said he does not want to rush into an amendment to a new Master P, Ian at this point. So, he said, the defirntionis tie amva~} time die said that he doesn't plar on exceeding it, unless it's a speaal event He said that he doesn't plan on having two' seatmgs until next Christmas So "he continued the only clarification he needs from the ,• w ... ,..,. board immediately, in order to continue to operate; is i{a #amily calls and wants to come '/ hour early ar`e staggered arriva1~times considered a speciat event as long as it doesn't exceed the 75? Commissioner Roy, ClappeF and Ireland said no. Chairperson Farris. pointed out to Mr. Wilcox and Glenn Hom that the only issue right now is whether or not his board reads ttie faster Plate approval resolution t© say that as long as you don't exceed75 people they can come and go anytime during the evening rather than one seating. County Attorney John Ely said that there's a,problem in the waythe board is going about this. He said that he knows that the boarddoes not mean to say that this resolution. is ambiguous and cannot be enforced by staff. And; he added, I know that the board does notmean to say that they will not take action on the resolution and ., w .,,_~ previous Master Plan amendment unless there's an application from the applicant #o come in' and amend it to cla'hfy it. rcAnd, he said, I know that you're not, saying that the board is not going to enforce that resolution in absence of appeal to clarify language' And, he continued you don't want to amend or alter the~fariguage as written without a notice process. So, he said, he's not exactly sure what the board is intending to accom I p ish right now. He added that if we go too far afield, we would 6e impacting staffs ability to enforce what's on record now. As the resolution says one seatng.and Mr. Wilcox would like the ability to have two seatings, he would then have to come in for an amendment. But, until that time it is one seating. BOARD OF COUNTY COMMISSC0I+TE'R5~ ~ " ' 4 SPECIAL MEETING JANUARY 20, 2004 00001; lam: r`:'. Commissioner Clapper added that we want to expand the definition of one seating to say that one seating is 75 people. It's not the exact time. Then the applicant would have to come in for an amendment to this resolution. Mr. Ely concurred. Commissioner Ireland said that he believes the board is going to spend more time and waste more time doing this than it would take #o amend if'to get it right. We need to get on with the process and be done with it. He wants the board to continue on with Mr. Ely's suggestion- Commissioner Hatfield said that he does support the amendment process and suggested to Mr. Wilcox'that he just do into avoid his being back before the board next October and going through this again. He added that Elk Mountain Lodge had'to go through all of this as well Commissioner Roy agrees with the board. Chairperson'Farris stated that the. board was in agreement that what is here is 9 g ~ yng seating. And, unless this is amended at the request of Mi~. Wilcox it sta s as what it is and he may want to do that later m the fall, or whenever, to accommodate the holiday season changes that he migh# prefer and has heard that there is some support for. Otherwise it is clear and it would be an amendment and Mr. Wilcox would ask for that amendment. She also added thafthe board would ..p ~ ~~ " hear from Ifh~: Wilcox on Thursday with regard to the letter of credit and that would make the CO appropriate. Commissioner Clapper moved to adjourn the meeting at 12:54 PM. Commissioner Hatfield seconded the motion. Motion passed unanimously. soAlsn o~ couNxY coNrnllssrcirriIs` `5 ooao.~3 SPECIAL MEETING JANUARY 20, 2004 ~, .~ - u Respectfully submitted, -~ ~,/ ~.`' ~C '.- Ly'-~. Dean Clerk to the Board of County Commissioners Dorothea Farris Chairperson of the Board of County Commissioners glmmutes~2004\boccspec.01202004.doc BOARD OP COUNTY`COMMISSIONERS ~ 6 SPECIAL MEETING JAI~[TARY' 20, 2004 00001 .. ,. i2-i5-04';i2:30PM: American Adven*ure ;9~0 920 49Ei # 2~ 3 December 14, 2004 ,. F 4yS~ C R pFT ., >+ PCO KHOU EK ~ l~/I ~ 9~ - s-~y3 Pitkin County Board of County Commissioners The following is a response by Ashcroft Ski Touring (AST) to a letter written to Community Development by Lynn Mace. 1) Resolution 052-2001 had been approved by BOCC after many years of discussions with the Commissioners, USFS anii citizens. The USFS conducted a detailedenvirontnental assessment. AST spent tlmusands of dollars providing information in its application to the County and to the USES relative to alI impacts. 2) Parking- Opening each new winter season is a hectic and complex operation. Employees are still parking in some cases, in the 48-hour lot, as this had been the practice in the past. We will make adjustments as needed as we approach the busy holiday season. 3) Delivery Vans- No additional delivery vans have been generated by the new building. 4) People Movers- We had a crisis at Thanksgiving with a lack of snow on ttae road creating a situation where it would be dangerous to have the horses go to the Cookhouse under those conditions. Rick Dean was kind enough to let us use his Snowcat so we did not have to turn Thanksgiving diners away. 5) New Parking Lot- The USFS decided that we should complete a smaller parking lot at this time with the plan that we would wait for ACES to decide what there use of the newly acquired Toklat parcel would be for their organization. Tlie idea is that we explore pazking alternatives that would benefit lioth parties. 6) Castle Creek Road Parking- No Parking~signs have`~been put in place. The King Cabin personnel do watch the parking situation as closely as possible but renting skis, selling tickets, etc, also demands their attention. Also, Thanksgiving weekend is indicative of other holiday weekends such as Christmas and Presidents week when, three times a year, many tourists and locals visit the Valley. A great number of these people simply visit the Ghost Town or walk, ski or snowshoe up the road, never visiting the Cookhouse or using our trails. There is no way to tell from any photograph if these people were using our facilities. 7) Seating- Paragraph 21 of Resolution 032-2001 deals with the seating capacity of the Pine Creek Cookhouse. ASHCROFT SKI TOURING UNLIMITED, INC. 314 S. SECOND STREET • ASPEN, COLORADO 81611 • 970f920-4093 ~ FAX 970%920-4961 d~001~ ~2-is-04: i2: 30aM; Amer scan 4dvento re ;9~0 920 3961 In conclusion, the Maroon Castle Creek Caucus supports our request to clarify our winter operation. The reason for then support is that they feel that AST and the Pine Creek Cookhouse are important amities to the community, Lynn Maces' Letter ecintimzes to exhibit her lack of understanding or appreciation for the itt~ortance of our operation. To my knowledge she does not cross-country ski or snowshoe and has never taken the time to visit the new Cookhouse facility. She fails to point out that on the County's Master y ~ grated fot re Plan, the Ashcroft Valle is desi creational use. She continues to try to compare our operation to Elk Mountain Lodge and there simply is NO comparison. We provide recreational facilities with 35 km of Boomed trails. We maintain the County road, gratis for the publics use; we offer the community and tourists of alt ages the oppomntity to experience the Valley with an incredible sleigh ride. We allow, under agreement with LJSFS, other entities, such as ACES the opportunity to guide on our Permitted area. We have been stewards of the Valley for 18 years and are proud of our accomplishments. Last year with the help of the BOCC and Community Development ...., (and. local banks) we were abk to build a new facility in the location of the original Cookhouse that is a credit to all of us in the community. President # 3.' 3 ~oools .. . y :_ 13 December 2004 Suzanne Wolff Commnity Development 130 South Galena Aspen, CO 81611 Dear Suzanne, Please note that I am writing this letter as a citizen and a member of the Maroon/Castle Creek Caucus. I am not writing on behalf of the Caucus. Because the notification to the Caucus concerning 3-200-080 Minor Amendment was not delivered to the Caucus on a timely basis, and because an agenda was not generated for the Caucus meeting on December l0 to allow all Caucus members on our email list (there are noc~ about 75) to know what was being discussed,. I would ask the BOCC to carefully consider the following questions about impacts. During the Master Plan process, impacts were one of the major issues and as I recall the reasons for setting the caps on the number of Beatings and the number of diners. Elk Mountain Lodge has had their feet held to the fire omseveral,occasions because of impacts. All businesses should be held to the same standards no matter what that business is. Does the BOCC have any data concerning the impacts already created by the increased use allowed in Resolution 052-20017 -How many more tourist cars has this generated? -How many more employee cars has this generated? There are now in the county parking lot a horse trailer, a snowmobile trailer, a wood hauling trailer and a vehicle used to plow their parking lots. The lower AST parking lot is empty. -How many more delivery vans has this generated? -]How many more snowmobile trips has this generated? -People movers are now being used with increasing frequency on the County Road? Is this a winter use of the County Road and what are the impacts of emissions and noise? -Why was the size of the new parking lot decreased as stated by John at the Caucus meeting? -Why is there no sign on Castle Creek saying "No Parking" and why does not the King Cabin staff monitor this (see photo of Thanksgiving weekend) as AST now has two parking lots. -What exactly does one seating mean? Does it mean that people arrive within a half hour window or that diners are staggered over half hour periods from 5:30 to 7:30? ®QU~17 Do you not think it would be unwise to increase the seatings at the Cookhouse without ]snowing the real answers to these questions? The MCCC Master Plan does state that the existing businesses in the valley should be supported and if just as clearly states that an equally important issue is the rural nature of this valley. The necessity for this Amendment was discussed at a BOCC meeting last January -why is it resurfacing just before this season starts? If I understand the permits correctly, Pine Creek Cookhouse has never been authorized to have a second seating in winter. And so how is it that it "has always offered a second seating in the winter...?" Elk Mountain Lodge's 1041 severely restricts their use to 52 events a year and their reporting process is rigorous to both the County and the neighbors. They do not have special events as defined in the AST Resolution. Does not any on-going business within Pitkiri County have to apply for a special use permit i~they are doing special events, even. if the .event is related to their husiness'? Section 21 ought to be further clarified as to be specific. to the seatings allowed, either in summer or winter. With kind regards, Lynne Pfrimmer Mace ~Qa~j.~ ._ysn,u.yi'.. Hii! 5.~ 11.E e. .. P! _ 000(11: ;' _ ~ ...,..~.:, ..,..,r5 ~ .~~: ,.~ mare mathys, 01:50 PM 12/20/2004", Wilcox Page 1 of 1 ;; X-Originating-IP: [168.103.195.242] X-Originating-Email: [jarreau@hotmail.com] X-Sender: jarreau@hotmail.com From: "mare mathys" <esbd@sopris.net> To: <suzannew@ci.aspen.co.us>, "FIeid Houston" <hhouston@sopris.net> Cc: "Lynne Mace" <toklat@sopris.net> Subject: Wilcox Date: Mon, 20 Dec 2004 13:50:25 -0700 X-Mailer: Microsoft Outlook Express 6.00:2900.2180 X-OriginalArrivalTime: 20 Dec 2004 20`:5 f :~0.0560`(U'TC) FIT;~T~1V1E=1'9CC20500F01 C4E6D X-Processed-By: Rebuild v1.50-1 R=Op010(s2/n344)]2965862; B=0:500(0); HS=0.995($300); S=0.010; MH=0.550(2004122001); X-MAIL,-FR`ON1: <jarreau@hofmail.com>~ X-SOURCE-TP: [64.4.67:89] _ X-MailScanner-Information: Please contact the ISP for more information -MailScanner: Found to be clean Dear Suzanne: ,. ~ . ~ ,. a ..c..-, is is to confirm that the Maroon -Castle ~ieek'Caucus passed a motion during its last December 10, 2004 meeting, supporting John Wilcox's application to exp~ird/clarify the seating for the"Pine Creek Cookhouse as it was filed with~the BOCK'. - Should you have any questions, please do not hesitate to call me. Marc Mathys Chairman Maroon -Castle Creek Caucus '(.r e~rTree ~~prap ~ec~xz4oto~c ~ HCR'rozc~eriy MazC lbiat~i'ys Pras9rat It1S PaSc Ave. SeaS~:cl„ I7E t49?3 ~2=62~=~ltld xt:20Q Fex:628.2ItCI CeIl X70-3~4=i'7 isop~k fief maw~trtset OOi7[~~Cl Printed for Suzanne Wolff <suzannew@co.pitkin.co.us> l 2/21 /2004 ,,. , " . ,.,.. PUBLIC NOTICE RE: ASHCROFT SKI'TOURING AF-SHIMASTER PLAN AMENDMENTS(CASE P190-04) NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday; IDecember 15, 2004, at a regular meeting to begin at 2:00 PM or as soon thereafter as the conduct of business allows, before the Board of County Commissioners, Plaza One Conference Room, 530 E. Main Sf:; Aspen to'considef an application submitted by Ashcroft Ski Touring, requesting to amend certain conditions of BOCC Resolutioa No. ' 052-2001 with regard to the numbers ofseatings and special events. Tle property is located near the end of the Castle Creek Valley, approximately 13 miles from State Highway 82 within the boundaries of the White River National Forest, within Section 5 of Township 12, Range 84 West of the 6th P.M. The State Parcel Identification for this parcel is 2999- 05. The application resolution are available for publicinspectonin the Community Development Department, City Hall, 130 S. Galena St., Aspen CO 81611. For further information, contact Suzanne Wolff at (970) 920-5093. Jeanette Jones,. Deputy County Clerk Board of County Commissioners Published in the Aspen Times Weekly on November 13, 2004. Please note that it is your responsibility to: 1. Mail this Public Notice to all adjacent property owners and mineral estate owners of ~~.. ~.~. ... ,~.~ ,:. ~ ..,. ~,.> W~4~ ,,:, ....., ~ ,_.,._~. least 3b days prior to the heanngwith the return address of the immunity Development Department. The names and addresses sha(Ihe those on the current tax records of Pitkin County a§ they appeared no more than 60 day§ prior to'tlie ~ ' date of the public hearing 2. Submit the Affidavit of Notice by Posting & Mailing (pr`eviously sent to you wit? your applicant letter) as proof of compliance with the Code at the`C<eanng. 3. Pickup Public Notice srgn from the T'ifkin County Community Development ~. _... Department, 130 South Galena Street, Aspeu, CO`(9~0) 921I=55~6~"" 4. Post the Public Notice "sigh onthe property at least fifteen d`a'ys "(~57 prior to'the hearing 5. Remove the Public Notice sign within one week after hearing date ' aoon~~ v..:~:- ~a.;~, _.... ~~f ~~~ .- ~f ,~xr .. .. ., _ "°:~ Soiit"fi ?°""ANT" 1'30 '~a"Yeri~a~fre'~« e~ ~.,..,_, ..Aspen`°Colorado g~.,~a. ~~......~.~,.>,~ I~it~i;i County w.u~.~;....a..~.-.:~_.~,:,e-;,~,.. _.. . ....,.-,..~ - ".,.Lattd Use: ~ . - - - .. :;: . - I72- ' Boar~~o{Adjustmeri[ ~ `.,,.;_ _."., ~.....,...,,.,. t. . - . _,,.. , . 1'59 'County LandTJsse'"`~""~,""_"w`."""'``~,"'~:,"`°';""""""aN" " ' - 1`'73 "Deposit -~- ~ .. - ".. ~ . ' 174".__..~'Iat`"~ee "t*„"$~~.-~ ~"~~'~~. c 162 ~, `Zoning and Sign ~ ~ ~ ' ~ ~ '~~- ~ ~ ` 169. ~ Rt..'SYIc<y,~.y~wo»aw»b<w. - ~.~:..,..~~" :1~. ...'J?Ianiiln~~g~EArifo`r°.W..,,.w.....:,~ ~.P-,~,,,,.n,.,-.-<.~, .,~,. ~ _.._... - eement . '1,75 ~ -Hearing Officer' ... ' - - ,. ... ~ . '. Refferrai Fees: ' 210 .rt _:.-.: ~. ,. .. , ... ._ .., ,...v...._ .. ... ............. ._ _.,,.:. ' LUCO1 Cotxnty~Clerk ' 211 `"'" ~ounty Engineer 194 Envxrontnenfal Health '"' '"" ~""'`" ~"~~~~ ~~ ' 203 ~~ltstortc; .... .. ., ,,,.t -. ~. - „-.°,`., . 198 Housing 190 - -land'~I'anagement ~-~~ "~ ~ ~ ~~ ~ ~ ~~~ 209 RedstoneI~1?C 206 ~S~itiTA~" [~`~tfi,' Pr.,~..~.,.w,.,.u.:...~: -. ....~ .:_'~ ... -...' .. ,~ . 174 Board of Appeals 135 Buildin """~""""""`~"°~""` ~e a es 105. . ~ B"uiTd`irig .. .. .., s~..a.~..:. " `., ermi 100 ~ " doritraetor License 120 ~~ 'Electrical Permit ~~ 195 "Energy Code lYe`view ~; 115 Mechanica_I~Pei'mif ~ ~~ ~ ~ ' ~ ~ ~ -~ " 160 Plaii'Cliec ct~ """"`..,.,, ~.<.,.«,:...-..u...,...,., g -----.-~.~.W»<- i 110` Pltimbin" Per"tryit" ...... .. .........-,-.--~xm 130 kgirispection ' ~ 151 Aspen Sanitatlon~ ... ' - ~ -~ - - ".~ ...._' ,. '.152 AVFTS~~tielf~ars~ar•p.w-`.~."•.~._- """~'"~""_".~_,,.. I58 BFD Fire Nlarslta{,,.. ,.,:.""'~ "`" ®tilier'Fees: `;.,.~.« _,,...... .., % .a~~:;?m„~w:~%a!.s:;r.t ' 155 UseT"ax_ _:.. .....__ '::- „' .. ...-_; .. ..., . I65' Copy' ~, PZ065 - "Master Plan Copy ~~ ~ ~-~~•~ ~ ~•~ ~` ~- Peiformanee Deposit ~~ 185 Park l~eci`ication ~=A µ'~~~ .186' ~s:a ..,~,.~:~.,,.~..~,:;.,,,,,»-,.-.~.,...:'~_..' .,.,,.. ~.g ieu GIS Re' 'Cements '<~ B12Q2" "Road" m <~: .M.~~,.~~,,,,, , ° _~. .. . pact F ee B1203//~~ -S('ceh7oofYiiipaci.FeeM~. - ~.~µ ~' UOQ~~%`~. ~.'' CIIECK# ' CASEYPE DA`I`E:~! v. :.,..... ....:.,~ . .-. . ..:.:....... .. ... ..... ... . p