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HomeMy WebLinkAboutbocc.res.120.2011 RECEPTION #: 587155, 03/02/2012 at 10 :16:39 AM, 1 OF 6, R $0.00 Doc Code RESOLUTION Janice K. Vas Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO GRANTING APPROVAL TO THE ASHCROFT SKI TOURING AREA SKI -REC MASTER PLAN AMENDMENTS AND GMQS EXEMPTION FOR A CHANGE IN USE FOR CROSS COUNTRY SKI HUTS ON THE MONTEZUMA MILL SITE Resolution No. /AO -2011 RECITALS 1. Ashcroft Ski Touring Unlimited Inc. and John and Juliet Wilcox ( "Applicant ") have applied to the Board of County Commissioners of Pitkin County, Colorado ( "BOCC ") to create seven new cross country ski huts on the Montezuma Mill Site. The Applicant requested the following approvals: • Growth Management allotments for tourist accommodations for 7 cross country ski huts on the Montezuma Mill Site. • GMQS exemption for a Change in Use to convert the two employee units on the Montezuma Mill Site from residential to tourist accommodations use as a cross country ski hut. • Amend the SKI -REC Master Plan for the Ashcroft Ski Touring Area ( "AST Master Plan ") to eliminate the approved but unbuilt 3,500 square foot Resident Occupied owner /manager residence, convert the two employee units to ski huts and add five cross country ski huts, all on the Montezuma Mill Site. 2. The Montezuma Mill Site is a privately owned parcel just south of the Pine Creek Cookhouse at 12725 and 12750 Castle Creek Road, and is described as the Montezuma Mill Site, USMS 2043B, located in Section 6, Township 12 South, Range 84 West of the 6 P.M. The parcel is surrounded by US Forest Service lands. 3. The Montezuma Mill Site is zoned SKI -REC and contains 5 acres. The Ashcroft Ski Touring Area, as permitted by the US Forest Service, is zoned SKI -REC and contains 736 acres. 4. The BOCC approved the Ashcroft Ski Touring Ski Area AF -SKI Master Plan pursuant to BOCC Resolution Nos. 98 -120 and 052 -2001. The AST Master Plan approved the following: • Construction of a new Pine Creek Cookhouse (completed) • Construction of a new arrival center • Construction of a new maintenance facility • Construction of two one - bedroom employee housing units adjacent to the King Cabin • Construction of one three- bedroom employee housing unit adjacent to the Pine Creek Cookhouse • Construction of two one - bedroom employee housing units on the Montezuma Mill Site (completed) • Construction of a Resident Occupied 3,500 square foot owner /manager unit on the Montezuma Mill Site • Additional parking (completed) • Removal of existing facilities, including the Cookhouse, King Cabin, A -frame cabins, Schoolhouse, and maintenance facility (all but King Cabin have been removed) 5. The Pitkin County Planning and Zoning Commission considered the proposed application at regularly scheduled meetings on May 3 and July 5, 2011, and recommended approval by a vote of 5 -0. Resolution No /1 -2011 Page 2 6. The BOCC granted the tourist accommodations growth management allotments on July 13, 2011, pursuant to Resolution No. 065 -2011. 7. The BOCC considered the proposed application at duly noticed public hearings on September 28, November 16, December 7 and December 2I, 2011. 8. The BOCC finds that the application is consistent with the applicable provisions of the Pitkin County Land Use Code and the following: A. It is appropriate to amend the AST Master Plan to allow seven cross country ski huts on the Montezuma Mill Site, given that the huts will be in support of and compatible with the operation of the ski/recreation area; will not increase the capacity of the ski/recreation area; and will have limited service or environmental impacts._ B. The change in use of the two employee housing units on the Montezuma Mill Site from residential to tourist accommodations use is consistent with Sec. 6 -30 -160 of the Code: the structures were legally created; the Applicant will mitigate for the employees generated by the change in use; adequate facilities will be provided; the change in use will generate minimal additional trips on Castle Creek Road and will not exceed the capacity of the road; and environmental and visual impacts will be minimal and can be mitigated. 9. The BOCC finds that the Ashcroft area has multiple uses that include an historic site, a commercial cross country ski area and restaurant, a facility of a nonprofit environmental organization, a backcountry hut system, and trailheads and access to Federal lands. The changed circumstances in the upper portion of the Castle Creek Valley, along with the increased intensity of use of the area, warrant the development of a sub -area neighborhood master plan to supplement the 2003 Maroon/Castle Creek Land Use Master Plan. The cross country ski huts on the Montezuma Mill Site are located within this area. Consideration of information and data regarding the use of the ski huts will be critical to the master planning process. All interested parties are encouraged to participate in this future planning effort. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it hereby grants approval of the Ashcroft Ski Touring Area SKI -REC Master Plan Amendment and GMQS Exemption, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1) The conditions of BOCC Resolution Nos. 98 -120, 052 -2001 and /lo -2011 shall remain in full force and effect, except as amended herein. 2) The seven cross country ski huts on the Montezuma Mill Site and the Pine Creek Cookhouse are amenities to the Ashcroft Ski Touring Area and use of the huts and the Cookhouse shall only occur in conjunction with the ongoing operation of the ski /recreation area for the public in compliance with the USFS permit. If the public ski /recreation area use was to cease, then use of the huts and the Cookhouse would cease and the huts and the Cookhouse would have to be rendered uninhabitable within two years of the date the public operation ceases. 3) Prior to submission of any building permit applications to convert the two existing cabins to huts or to construct new huts on the Montezuma Mill Site, the Applicant shall submit a covenant for review and approval by the County Attorney, which covenant shall specify that the huts could only be used for short-term tourist accommodations and that no other uses, including long -term tourist • 9". Resolution No. / -2011 Page 3 accommodations or residential, are available for the huts. Upon approval by the County Attorney, the Covenant shall be recorded in the records of the Pitkin County Clerk and Recorder. 4) Use of the huts shall only occur when the ski /recreation area and Pine Creek Cookhouse are in operation. Hut guests shall park in the designated parking lots in the vicinity of the King Cabin in the winter or the designated parking node in the vicinity of the huts in the summer. Hut guests shall utilize non - mechanized forms of travel while staying at the huts and within the AST area. In winter access to the huts is limited to over the snow access. 5) The huts shall not contain kitchens. However, each hut may contain a refrigerator containing no more than 2.5 cubic feet, a microwave oven containing no more than 0.7 cubic feet, and other portable kitchen appliances, such as a coffee maker or hot plate. 6) The creation of timeshares for the huts is prohibited. 7) The Owner hereby restricts the Montezuma Mill Site in perpetuity against any future subdivision, partition, condominiumization, division or any other event that would create another lot, parcel, unit, or other division of land or interest out of the property. This restriction includes the creation of parcels that are 35 acres or larger pursuant to CRS § 30 -28 -101, or its successor or its amendment. 8) The following standards shall apply to the rental or use of the huts by an owner or owners (if the ownership of the huts is fractionalized): A) Huts shall be available for short-term rental to the public at competitive rates that ensure occupancy when not in use by an owner of the hut. B) Same day rental of units shall be permitted. C) Owners shall be required to reserve their huts sufficiently far enough in advance to enable the public to obtain access to those huts that are not so reserved. D) Any one (1) person or entity with an ownership interest shall not be permitted to occupy the hut for any period in excess of fourteen (14) consecutive calendar days. E) All persons or entities with an ownership interest shall not be permitted to occupy the hut for more than forty-five (45) days within any calendar year. 9) The construction of all previously approved improvements, including the new arrival center, two one - bedroom employee housing units adjacent to the King Cabin/arrival center, the three - bedroom employee housing unit adjacent to the Pine Creek Cookhouse, and the maintenance facility, shall be completed prior to or concurrent with the construction of the five additional ski huts on the Montezuma Mill Site. The two existing cabins on the Montezuma Mill Site shall continue to be used as employee housing until all previously approved improvements have been completed. The Certificates of Occupancy for the five new ski huts and the two cabins converted to ski huts shall not be issued until the Certificates of Occupancy are issued for the new arrival center, the two one - bedroom employee housing units adjacent to the King Cabin /arrival center, the three - bedroom employee housing unit adjacent to the Pine Creek Cookhouse, and the maintenance facility. 10) Once all of the improvements specified in Condition #8 are completed, the Applicant shall submit building permit applications to convert the use of the cabins from residential to transient occupancy, including removal of the cooking facilities. Prior to issuance of the permits for the conversion of the cabins, the Applicant shall provide alternative employee housing mitigation to mitigate for 3.5 FTEs to replace the cabins, at which time the Applicant may remove the deed restrictions from the cabins. Alternative mitigation for 3.5 FTEs shall be provided via off -site units in order to maintain units in Resolution No.1) -2011 Page 4 the housing inventory, which is consistent with the intent of the 2001 AST Master Plan and the housing mitigation requirements in effect at that time. The alternative off -site units shall be provided by: A) Deed restricting similar units in the Aspen Urban Growth Boundary; or B) Participating in a Pitkin County employee housing project that is acceptable to the Board of County Commissioners and the Housing Authority. 11) Prior to submission of any building permit applications for the five additional huts, the Applicant shall be required to submit for approval an application for Site Plan Review, pursuant to Secs. 2 -30- 20 and 7 -10 -50 of the Code. The Site Plan Review application shall be reviewed by the Planning Commission and the Board of County Commissioners. In addition to all other requirements, the Applicant shall provide the following additional information regarding the five additional huts with the Site Plan application: : A) Demonstrate that the huts avoid the 100 year floodplain of Pine Creek. B) Demonstrate that the huts comply with the required 100' setback from the high water line of Pine Creek. C) Provide information on the proposed water supply for the huts, and the location of the water supply system on the site. The Applicant shall specify if the additional huts will be served by the existing public water system that serves the Pine Creek Cookhouse and the two existing cabins and /or a separate system. D) Provide information on the proposed on -site wastewater treatment systems ( "OWTS ") for the huts, and the location of the OWTS on the site. The OWTS shall be maintained and cleaned to ensure proper functioning with the frequency designated in Table 6.28 -8 of the County's On -Site Wastewater Treatment Regulations, which shall be conducted by licensed systems cleaners and /or inspectors. E) Depict the driveways or walkways to the cabins, as applicable, and the parking node for summer use. F) The Activity Envelope shall include all improvements associated with the huts. 12) Prior to issuance of any building permits for the five additional huts on the Montezuma Mill Site, the Applicant shall comply with the following, in addition to other requirements that will be identified during the Activity Envelope /Site Plan Review: A) Record a covenant documenting the representations made in the growth management application to obtain tourist accommodations allotments for the huts. This covenant shall be reviewed and approved by the Community Development Department prior to recordation. B) Pay the applicable housing impact fee for the 7 huts (10 rooms) pursuant to Sec. 8 -30 -40 of the 2006 Land Use Code based on the formula for "standard /historic" tourist/lodge accommodation development, as adjusted to comply with the Applicant's growth management commitment to mitigate for 130% of what is required by the Code (2.34 FTE x Impact Fee in effect at the time of payment). C) Purchase a mobile foam fire suppression system. The system and the stationing of the system shall be approved by the Fire Marshal. The Applicant shall provide documentation from the Fire Marshal that the AST employees and fire department personnel have been adequately trained to utilize the system. 13) An audit of actual employees generated by the Ashcroft Ski Touring facilities shall take place two, five and eight years after Certificates of Occupancy are issued for the ski huts to verify whether • Resolution No) -2011 Page 5 employment figures were estimated and mitigated correctly. This audit will be performed by an outside agency agreed upon by the Applicant and the Aspen /Pitkin Housing Office, and funded by the Applicant. If the employment figures are higher than what was independently calculated, the Applicant will be required to mitigate for the additional employees to the satisfaction of the Housing Office. 14) The five new huts shall be limited to the following approximate sizes: three at 800 square feet and two at 540 square feet. The height of the huts shall be limited to a maximum of 14' to the top of the roof ridge. 15) The previous approval for a Resident Occupied 3,500 square foot owner /manager unit on the Montezuma Mill Site is hereby vacated and replaced with approval for seven cross country ski huts on the Montezuma Mill Site. 16) The Nordic ski trails at the Ashcroft Ski Touring Area shall comply with the USFS Resort Permit and shall strive for consistency with the Pitkin County Nordic Trails Master Plan Guidelines and Standards. 17) The Applicant shall adhere to all material representations made in the application and shall consider those representations to be conditions of approval, unless amended by other conditions. 18) 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. 5 Resolution NoJ4 -2011 Page 6 NOTICE OF PUBLIC HEARING published in the Aspen Times Weekly on the 28 day of August, 2011. APPROVED AND ADOPTED on the 21' day of December, 2011. �/ PUBLISHED AFTER ADOPTION in the Aspen Times Weekly on the' day of 1 �(LLG"L/ , 2011. BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLO' • 10 By 1 !1I ' Rachel E. Richards, Chairwoma A ST: Jea , tie Jones, Clerk 4 the BOCC APPROVED AS TO CONTENT: APPROVED AS TO FORM: /,2 , 7/ Cindy Houben John El Community Development Director C. . Atto 1- Case P088 -10; PID #2999050; 299906100002 62