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Home My WebLink Aboutbocc.res.187.2001 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,COLORADO,APPROVING THE ELK MOUNTAIN LODGE SPECIAL REVIEW PERMIT EXTENSION Resolution No.L?_Z-2001 RECITALS I. David Middleton("Applicant')has applied to the Board of County Commissioners ofPitkin County, Colorado('BOCC")to extend the special use permit granted pursuant to Resolution No. 96-163 for "permitted outdoor recreational uses, and the limited use of the existing lodge structure as a recreational building accessory to the permitted recreational uses." In conjunction with this application, staff has also recommended that the AFR-10 zone district be amended to include a new special review use—"reception halls and meeting facilities"—that would reflect the actual use occurring at the Elk Mountain Lodge. 2. The property is located at 10080 Castle Creek Road,and is more specifically described in Exhibit "A° 3. The property is zoned AFR-10, and contains approximately 54 acres. 4. The Planning Commission considered the application at regular meetings on July 3 and August 14, 2001, and recommended approval by a vote of 5-0. 5. The BOCC reviewed the application at duly noticed public hearings on October 24 and November 14, 2001, at which time evidence and testimony were presented with respect b this application. 6. The BOCC finds that the use complies with the standards of Section 3-210 of the Land Use Code, and that the impact of the use on the character of the surrounding area, and on the quality of life of the residents of this area,has been minimized,given the conditions, limitations and mitigation measures specified in this Resolution. NOW,THEREFORE,BE IT RESOLVED by the BOCC that it does hereby approve the Elk Mountain Lodge Special Review Permit Extension, subject to the following coalitions: l. The permit for a reception hall and meeting facility shall expire one and a half years from the date of approval of this resolution.The County shall conduct no more than three on-site compliance reviews during this time period, which reviews shall occur prior to or during events, at the staff s discretion. Staff shall notify the Applicant at least 24 hours prior to an on-site compliance review, and the Applicant shall reimburse the Community Development Department for the staff time associated with these reviews. The Applicant shall submit an application to extend the permit at least 6 months prior to the expiration of the permit, which application shall be reviewed by the BOCC at a public hearing. The application to extend the permit shall addess in detail the special review standards in the Land Use Code at that time in addition to the annual report requirements specified below. The permit shall be terminated by the BOCC at that time upon a finding of noncompliance with the conditions of thepermit. The permit shall be extended by the BOCC at that time for five years upon a finding of compliance with the conditions of approval. 2. If an extension of the permit is approved by the BOCC after the first year and a half,he Applicant shall submit an annual report to the Community Development Director at least 45 days prior to II II II II III I II III III IIIII III II 462990 0z:eeaIIIIIIIIIIIIIIIIIIIII IIIO 0 Resolution No. -2001 Page 2 the anniversary of the BOCC's approval,which shall be reviewed by the BOCC at a regular meeting. The Community Development Director shall refer the annual report to the Castb/Maroon Creek Caucus for review and comment prior to the BOCC meeting.The report shall demonstrate the continued conformance of the use to the conditions of the permit and shall include the following information: A. Number and type of events; B. Hours for each event, including the hours of the actual event,as well as time required for set- up and break-down(time required for set-up and break-down may be measured and reported in half day increments); C. Number of people attending each event; D. Number of staff for each event, including staff required to set up and break down, catering staff,and other personnel associated with all aspects of an event; E. Number of vehicles on-site during an event,as well as the total number of vehicle trips and types of vehicles associated with all aspects of an event(including catering vehicles, delivery vehicles, shuttles/buses, etc.); F. Number of shuttle trips for guests and the number of guests riding the shuttles; 3. The Applicant shall comply with the following conditions with regardto events at the Elk Mountain Lodge: A. A maximum of 52 events per calendar year shall be allowed,with a maximum of 3 events per week. An event shall be limited to a maximum of 72 hours of"impact"from setup through break-down and each set-up and break-down day shall count as half of an event day. An event may exceed 72 hours of impact, however, each day in excess of 72 hours shall count as one event day. Events shall include weddings, receptions, and other group gatherings, as well as photo and film shoots and any other activities for which the facility is rented. Events shall not include nature walks that originate on the property, provided that no activity occurs within the facilities or on the property and participants are delivered to the property so no vehicles are parked on-site. Set-up and break-down days are defined as any work on site leading up to or following an event(regardless of the number of people or vehicles)of more than five hours duration or giving rise to more than five vehicle trips. An on-site rehearsal for the following day's wedding ceremony that lasts no more than 2 hours and generates 8 or fewer vehicle trips to the property shall not count as an event. If the rehearsal generates more than 8 vehicle trips to the property, the rehearsal shall count as half of an event day. On-site rehearsals that last more than 2 hours shall count as one event day, regardless of the number of vehicle trips. If the rehearsal and/or set-up activities exceed 13 vehicle trips to the property on the day preceding any type of event(wedding or otherwise),the rehearsal and/or set-up shall count as one event day. B. A maximum of 300 people, including staff, shall be permitted on the property per event. C. A maximum of 35 vehicles, not including residents' vehicles, shall be allowed to park on the Elk Mountain Lodge property at any time. Engines shall be turned off while vehicles are parked on-site. Parking shall be prohibited on Castle Creek Road. Residents or guests of the Elk Mountain Lodge shall not utilize the American Lake trailhead parking area. Parking attendants shall be hired for any event with more than 20 vehicles parked on-site to ensure compliance with this condition. D. Amplified music shall be prohibited outdoors. Amplified music is permitted inside the lodge, except after 9:00 PM when it is only permitted under the following conditions: 462997 I IIIIII IIIII IIIIII IIIIIIIII IIIIIII ot 11111 iI it 019/17/0200020002:06P SILVIA DAVIS ITKIN COUNTY CO R Resolution No. 12001 Page 3 1) If amplified sound is in the dining room, all windows on the north side of the dining room shall be closed; 2) If amplified sound is in the loft, all windows on the north side of the loft shall be closed; 3) In any event, if there is amplified music in the lodge,the front door shall be monitored and opened only for entrance and egress. E. Provide monthly reports to the Environmental Health Department documenting the water usage, particularly the water usage per event. F. Notify the Community Development Director and the neighbors, if requested, by mail by May I of all events scheduled during the summer and fall, including dates,times, number of guests anticipated, and whether the event will include amplified music or temporary structures. The Applicant shall then notify the Community Development Director and the neighbors if the schedule changes. 4. No temporary or permanent facilities shall be erected other than temporary tents on the terrace on the south end of the lodge building. For purposes of this approval, a tent is defined as a"membrane structure with a prefabricated frame or support structure,for which heavy equipment is not required to erect or dismantle." Temporary tents shall be erected for no longer than 72 hours and shall not exceed the height of the lodge. Temporary tents shall comply with the standards of the Uniform Fire Code. Tents shall be on the property no more than 3 "tent days"per week,where"tent day" is defined as follows: A. If one or more tents are erected and/or being erected and/or dismantled on the property for more than one hour but no more than 24 hours,this counts as one tent day; B. If one or more tents are erected and/or being erected and/or dismantled on the property for more than 24 hours but no more than 48 hours,this counts as two tent days; C. If one or more tents are erected and/or being erected and/or dismantled on the property for more than 48 hours but no more than 72 hours,this counts as three tent days; 5. Other than an occasional beverage delivery,no vehicles that exceed two-axles in size shall be used to haul material to and from the lodge for any event. 6. No overnight lodging or camping is permitted for any event. 7. Commercial snowmobile and motorcycle operations are prohibited on the property. 8. 24 hours before any event,when applicable,the event coordinator shall call the County's Emergency Management Coordinator and/or the Colorado Avalanche Information Center to determine the avalanche danger for the Castle Creek Valley over the next 24 hours. The coordinator shall document the time and date of the call and the avalanche danger. If the avalanche danger is rated as high or extreme,the event shall be canceled. . 9. Prior to January 1,2002,the Applicant shall work with the Environmental Health Department to develop an enclosed area that protects the food, utensils and prep workers. The area shall be operational prior to April 1, 2002. 10. The Applicant shall pay $5,000 to the County as their pro rata share of the improvements to the Maroon/Castle/Highway 82 intersection by December I,2001. 462997 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII0Page: 3 of 5 01//27/20 002.06P SIL Resolution No.f7-2001 Page 4 11. The Applicant shall adhere to all material representations made in the application or in public meetings and hearings. 12. If the permit is extended after the first year and a half,then violation of the terms of this special review permit shall be grounds for revocation of the permit. The BOCC shall consider and act on permit withdrawal after a public hearing, notice of which shall be rmiled to the Applicant and published in a newspaper of general circulation in the County no less than 30 days prior to the hearing. NOTICE OF PUBLIC HEARING published in the Aspen Times Weekly on the 106'day of August, 2001. APPROVED AND ADOPTED this 141"of November,2001. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,COLORADO By - 0 � J ATTEST: Michael C. reland, Chair Date 01- 15-92 dee ean, Clerk to the BOC APPROVED AS TO FORM: APPROVED AS TO CONTENT: John Ely, Coun ey Cindy Houben, Community Development Director Case#P57-01 PID#290929200006 462997 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIII ItIIII0Pae01917 p 9.00 2.06P SILVIP DAVIS PITK I IIIIlf illll illill Ilill 11111111111 IN III ON 1111111 44B245 07/29/2000 04:02F RESOLUTI ORVIS SILVI 3 e1 3 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO EXHIBIT A w That portion a° H.E.S. No. 95 in Sections 19, 20, 29 and 30 in Township 11 South, Range 84 west of the 6th P.H., described as follows: Beginning at Corner No. 1, from which U.S. Location Monument, Ashcroft bears South 29'50' East 47.25 chains distant; thence North 1'6' East 26. 73 chains to Corner No. 2; thence North 5'33' West 8.82 chains to Corner No. 3; thence North 18'47' West 15. 42 chains to Corner No. 4;. thence North 81'19 ' East to East Boundary- of H.E.S. No. 95; thence South 10'13 ' East to Corner No. 8; thence South 12'55 ' East 23 .31 chains to Corner No. 9; thence South 84'1' West 1.02 chains to Corner No. 1, the place of beginning (previously noted as Plat of Beginning erroneously). EXCEPT that Tract of land convoyed to J.H. Leahy specifically described in Deed recorded in Book 153 at Page 445 of the Pitkin County Records. and also EXCEPT that part of the above described property lying Westerly of the Pitkin County road which road is specifically described in Deed recorded in Book 157 at Page 537 of the Pitkin County Records . COUNTY OF PI_KIN, STATE OF COLCR.ADO 1 I 462997 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII09 1 t7/020 00 2:06P IILVIA OPV'S PITKIN COUNTY 0