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HomeMy WebLinkAboutpitkin.planning.272929100002 (3)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(s) PARCEL ID: 2729- 291 -00 -002 DATE RCVD: 10/3/2000 # COPIES: F4 CASE NO rP151 -00 CASE NAME:. Redstone Castle Special Use Review to legalize Special Existing Historical Planners Gabe Preston PROJ ADDR: 58 Redstone Blvd S -T -R J OWN /APP: Harte, Leon & Debbi ADR 58 Redstone Blvd e_ C /S /Z:IRedst 8162 PHN: (970) 704 -14551 REP: Leon & Debbie Harte ADR: 58 Redstone Blvd CIS /Z: Redstone, O PHN: (970) 704 -1455/ Email Addr: F — ALLOCATED HOURS: FEES DUE: P5 —'160 FEES RCVD: 2380 % OVER: :FERRALS Attorney, Zoning, Env. Health - hourly, Engneer - hourly, Redstone HPC, Carbondale Fire, Crystal River Cauc REF: 11/6/2000 BYFTKT DUE: r1 /6/2001 MTG DATE REV BODY PH NOTICED DATE OF FINAL ACTION: 4/11/2001 2/6/2001 P & Z ro BOCC Reso: 080 -2001 NR #055 -200 F— [BOCC No BOCC Ord: F— :MARKS no vesting BOCCReso #055- 2003 #483974 PZ: HRG OFF: CLOSED: 7/3012001 BY: Isabel Ramirez HO INDEX: nnleiu. r - - - -- PLAT RECORDEDI PLAT (BK,PG): n/a ADMIN INDEX: VR APPROVAL DATE: VR EXPIRESIiu -� CASE TYP: Special Use ° ° „' ^,.,' ^ ^ - ^�:-� ° °- °: ^•° ^ °. '�� CASE TYP2: �- CASE TYP3: CASE TYP4: F— File L°°ation: IFF Box #224 _N00s z(s -z(s- 4�yv 0.wty� Ird at e"^ L-�4, 1% Cj 01 r j t0 se, 'J u 1C -fte. o�- Ht� JJJJ 1111111111111111111111111111111111IIII11 114839 e4 il:aev SILVIR DAVIS PITKIN COUNTY CO R 0.00 0 e.e0 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING A TEMPORARY USE /SPECIAL EVENT PERMIT FOR THE REDSTONE CASTLE TO OPERATE TOURS AND SPECIAL EVENTS IN THE SUMMER OF 2003 Resolution No..dE --2003 RECITALS 1. Pursuant to Section 3- 200 -030 of the Pitkin County Land Use Code, the Board of County Commissioners of Pitkin County, Colorado (`BOCC ") may approve a Temporary Use /Special Event Permit for commercial activities or special events that exceed 72 hours in duration. 2. EG &G Technical Services, representing the owner, which is the U.S. Department of Treasury, and Deborah Strom, representing the Redstone Inn, which will operate the tours and special events, (hereafter "Applicants ") have applied to the BOCC for. approval of a Temporary Use/Special Event Permit for continued operation of the Redstone Castle as a Special Event facility while the ultimate disposition of the Castle is determined. 3. The events will take place at the Redstone Castle property south of Redstone. 4. The BOCC finds that the following activities comply with the standards in Section 3- 200 -030 of the Land Use Code for a temporary use permit. A. Tours of no more than 100 people. B. Catered Special Events of no more that 100 people. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby grant approval of the Redstone Castle Temporary Use /Special Event permit for the summer of 2003 (May 23, 2003, through October 15, 2003) for the following activities: A. Catered special events such as weddings and receptions up to no greater than 25 on site vehicles or 100 people on site at any one time. B. Castle tours of no more than 100 people and no more that 25 vehicles on site. Subject to the following conditions: 000001 CL� 1. Placement of approved fire extinguishers in places designated by the Carbondale and Rural Fire Department, 2. Post and comply with a 100 person occupancy limit. 101 '40 Debbir � -13W (DI0lQj D' n U Resolution No._ -2003 Page 2 3. 4. 5. 6. 000002 page: 2 of 3 05/13/2093 11:450 No commercial cooking is allowed in the kitchen area A current boiler inspection must be displayed in the boiler room for all boilers. All electrical work must be permitted and inspected by Pitkin County. No overnight lodging of guests is allowed. Resolution No._ -2003 I Page ge: 483974 3 IIIIIIIVIIIIIIIIIIIIIIIIIiIIIIIIIIIIIIIIIVIIIIIIIIIII Pa of it:aea R 0.00 D 0.00 APPROVED AND ADOPTED ON THE 14TH DAY OF MAY, 2003. Jones, Clerk and APPROVED AS TO FORM: John Ely,. .29i �.A�ttoliiey Cate #P151 -00. PIDS272929100002 Lancec/cases/redstone temp use reso.doc 000003 BOCC OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO eHatfieldjl Date: _ APPROVED AS TO CONTENT: CtM 2� Cindy Howen, Community Development Director I MAY. 7.20031) 1:07PMINN P�iN CO MANAGER,3_252E Me 7,03NO.O;aO No.002 P,01 r Page t oft May 7, 2003 Ann: Cindy Houben Community Devclopram GG 3 - �4 v 2 — (."Alkt This is a letter of request for a special use permit for the Redstone Inn to operate tours this summer at the Redstono Castle. We have been negotiating with EG &G services and the Department of T aas :.:: c `Ms eCizure on March 4, 2003. Dorothea Farris asked for this letter this morning. Did you not receive the original? Please respond to Susan McEvoy at the Redstone inn as Debby Strom is out of town this week. 000004 I r. 0, il Susan McEvoy 0 April 17, 2003 Att: Hillary Smith, Pitkin County Manager re: Redstone Castle 0 On March 4, 2003, the Redstone Castle was seized by the Department of Treasury. Anthony Pounders of EG &G Technical Services, the Treasury contractor, has been assigned to manage the castle property during this period. Redstone Inn has been designated as the local caretaker. The US Attorney's office recognizes the importance that the Redstone Castle plays in the vitality of Redstone and has agreed to allow tours and special events during the tourist season. The Redstone Inn, on behalf of EG &G and the Dept. Of Treasury, now asks Pitkin County to also approve this arrangement and extend the Castle's special use permit for this purpose . We hope to begin tours at 1:30 on Memorial Day weekend and continue these tours through Oct. 15. We also hope to cater a limited number of special events using the licensed kitchen of the Redstone Inn for food preparation and storage. Being unsure of the time line of the seizure (6 months to 4 years) and lacking a capital improvement budget, we are only able to work in 6 month increments and not prepared to book elaborate events. The goal to is to cover the Castle's operational and overhead costs through the tour and event revenue. Standing vacant will only degrade the condition and ultimate re -sale value of the Castle and damage tourism in Redstone. I hope that you will expedite this matter for us so that we may address issues of re- opening the building. Anthony Pounders EG &G Technical Services 310 - 639 -2393 cc Cindy Houben, Dorothea Farris 000005 Deborah Strom Redstone Inn 970 -963 -2526. Ll 4/30/2003 NOTES REDSTONEINN Historic Landmark re: Castle walk -thru w. Ron Leach, Fire Chief Carbondale Rural Fire Protection District, 300 Meadowood Dr., Carbondale, CO 31623 970 - 963 -2491 We need to hang all fire extinguishers in visible areas, near exits on hooks at eye level. Boiler Inspection — expired 2001 I called in to schedule an inspection 511 (Note per Ron Leach - heat boiler not nec. if not in use / Domestic hot water boiler inspection nec.) White Electric Room — "verify status of electric work" We thought that most of the web of wire is not connected. 511 I had an "on call" electric person go and coil wires and straighten the mess. Ron Leach will have Tim Hunter go and review the situation Ron will ask Pitkin County the status of the kitchen building permit? Fire Hydrants — "flow test" Ron Leach to set up New Alarm system — installed by Anthony. Ron was impressed. Would like to see 2 more smoke alarms added. Parameters of Special Use permit, per Ron Leach * Tours ok — all exits must be open (especially door near bar) * Caretaker quarters ok Special Events limited to under 100 ppl No on premise cooking — warming food ok No overnight guests Ron Leach to make a public statement to all interested parties that he will not permit any long term public use of the Castle without a sprinkler system — he will not budge on this issue. Ron agreed to postpone the installation of a "Knox Box" $200. expense and spend the money on more smoke alarm protection. Ron's statement to the County Commissioners is forthcoming. He knows that we need to go before them on Wednesday 5/7. He also knows that it is "politically incorrect" to create roadblocks. He has been Fire Chief for 25 years and commands a lot of respect. G00006 0 I" draft - 5/3/03 REDSTONEINN Historic Landmark CASTLE EVENT OPTIONS 0 WEDDING CEREMONY Limit 1.5 hrs + 1 hr. pre -setup no additional F &B / no smoking except 1 designated outside location no more than 25 cars / must work around the pre- established tour schedule / limited interior spaces — Greatroom / Music Room / Library — all others closed off (buy rope chains across Dining Room & up stair case) Courtyard ceremony / * red chairs - limit 70 (hosts will have to rent if they need morebeyond this) * post ceremony champagne & non - alcoholic champagne & choice of cheese platter or chocolate covered strawberries * (rainout plan — Great Room) * Cake service add $ 100. ) up to 30 ppl $1000. ea. additional person S 10. — up to 100 ppl. Max "WINE, CHEESE & HISTORY" RECEPTION (not a wedding) max. of 50 ppl or a mixed reservation group under 30 Limit 1.5 hrs no additional F &B / no smoking except l designated outside location no more than 25 cars / must work around the pre - established tour schedule / limited interior spaces — Greatroom / Music Room / Library / Dining Room / Loge— all others closed off (buy rope chains across Dining Room & upstair case) Access to Dining Room, Loge, Upstairs with tour guide only. 5:30pp begin — 1.5 hrs 522. pp CATERED RECEPTION no services — 4hr. event over by 1 Opm plus 2 hr. setup allowance no smoking except l designated outside location no more than 25 cars / must work around the pre - established tour schedule / limited interior spaces — Greatroom / Music Room / Library / Dining Room / Loge— all others closed off Approved caterer — on premise Food prep limited to warming food only (t oven) / no refrig. $5,000. Fee No more than 100 ppl. 000007 MAY.12.2003 2:48PM G,ARBONDALE FIRE DISTRICT Carbondale & Rural Fire Protection District 300 Meadowood Dr. jCarbondale Colorado 81623 i 970- 963.2491 May 12, 2003 Mr. Lance Clarke Pitkin County Community Development 130 So. Galena St. Aspen, CO 81611 Re: Redstone Castle, i Dear Lance, i NO. 9548 P. 1 On April 30, 20031 Conducted a fire inspection at the Redstone Castle. I have also reviewed the operational plan for the Redstone Castle submitted by Deborah Strom on behalf of EG &G Technical Services. The operational plan calls for tours of the castle beginning on Memorial Day weekend and continuing through October 15th, 2003. Additionally, some special events are planned during this time period. 1 would recommend approval of the extension of the Castle's special use permit for the above mentioned poses with the following conditions: I 1. Placement of approved fire extinguishers in places designated by the fire department. 2. Post and comply,with a 100 person occupant limit. 3. No commercial gooking be allowed in the kitchen area. 4. A current boiler inspection is displayed in the boiler room for all boilers. 5. All electrical work currently under construction be inspected by the Pitktn County Electrical Inspector. 6. No lodging for the public be allowed without the installation of an approved automatic sprinkler system. I If you have any questions please feel free to contact me at 963 -2491. Sincerely, Ron Leach, Fire Chief Carbondale & Rural'-Fire Protection District 000008 Hilary Fletcher Smith, 08:47 04/23/03 , Fwd: The Redstone Castle Oer... Page I of 1 X- Sender: hilarys @commons.co.pitkin.co.us X- Mailer: QUALCOMM Windows Eudora Pro Version 4.2.2 Date: Wed, 23 Apr 2003 08:47:35 -0600 To: lancec@ci.aspen.co.us ci.aspen.co.us From: Hilary Fletcher Smith <hilarys a ci.aspen.co.us> Subject: Fwd: The Redstone Castle matter... Lance, FYI... From: "Ron Sorter" <sorters @rofnet> To: "Hilary Smith" <hilarys @ci.aspen.co.us> Cc: "Dorothea Farris" <dfarris @sopris.net >, "Debbie Strom" <reddeb @rofnet> Subject: The Redstone Castle matter... Date: Tue, 22 Apr 2003 17:27:21 -0600 X- Mailer: Microsoft Outlook Express 5.50.4522.1200 Hi, Hillary. Michelle is more intimately involved with the Castle matter than 1 am, and she had a conversation with Debbie Strom yesterday regarding the special use permit required to conduct tours Lip there. As 1 understand it, you expressed an interest concerning whether the Crystal River Caucus would be addressing this matter. Putting aside the speed with which this matter needs to be resolved for tours, there is the fact that numerous funding agencies will be attending a May 9 meeting Michelle's helped arrange to pursue purchasing the site. She's told me that the Scenic and Historic Byway regional group which is sponsoring the May 9th meeting feels that it is critical that the May 9th participants be allowed to tour the Castle since we are soliciting their involvement in an eventual purchase of the site, should it become available. When the Crystal River Caucus receives 1041's from the county, we have always referred them to the more local homeowners associations or local groups to resolve, counting on their more intimate knowledge of things closer to them. We've pretty much stayed out of individual Redstone matters, as well, using the same justification. The Redstone Inn expansion is a rare exception since the Inn, to their credit, felt they wanted to bring their expansion before the community. As closely as we work with the county, only members or the board can bring matters before the Caucus, per se, and no one representing the Castle has yet requested Caucus involvement. I can say that the Caucus does not have a meeting planned within the next few weeks. In this case, I'm pretty confident the Caucus would want to refer this matter to the community of Redstone, too. Our bylaws allow our directors to decide only if a matter should be referred to a general meeting. I seriously don't think we need to, but if a permit can't be issued until the Caucus' position is formally determined, 1 can poll the directors by email to affirm my, guess that the matter wouldn't be submitted to a general meeting. In any case, if I can be of any further assistance in helping expedite this, please let me know. Ron Hilary 000009 Printed for Lance Clarke <lancec @co.pitkin.co.us> 4/23/03 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING A ONE -YEAR TEMPORARY USE /SPECIAL EVENT PERMIT FOR THE REDSTONE CASTLE TO OPERATE AS A BED AND BREAKFAST, RESTAURANT, AND SPECIAL EVENTS FACILITY Resolution No. 080 -2001 RECITALS Pursuant to Section 3- 200 -030 of the Pitkin County Land Use Code, the Board of County Commissioners of Pitkin County, Colorado ( "BOCC ") may approve a Temporary Use /Special Event Permit for commercial activities or special events that exceed 72 hours in duration. 2. Leon and Debbie Harte (hereafter "Applicants ") have applied to the BOCC for approval of a Temporary Use /Special Event Permit for continued operation of the Redstone Castle as a Bed & Breakfast, Restaurant, and Special Event facility while the County develops a Zone District that will allow commercial uses of the Castle and with the intention of using this time to bring it up to health, safety, and environmental standards in a way that is sensitive to preservation of historical sites. The events will take place at the Redstone Castle property south of Redstone. 4. The BOCC finds that the following activities comply with the standards in Section 3- 200 -030 of the Land Use Code for a temporary use permit. A. Bed and Breakfast and overnight conference facility for up to 34 people: B. Restaurant Use /Special events such as weddings and reunions up to no greater than 30 on site cars or 200 people on site at any one time. C. Events of greater than 30 Cars or over 200 people shall be approved on a case - by -case basis through the temporary use permit process. D. Tours of no greater than 100 people. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby grant approval of the Redstone Castle Temporary Use /Special Event permit for one year (April 11,2001 thru October 11,2002) for the following activities: A. Bed and Breakfast and overnight conference facility for up to 34 people: B.' Restaurant Use /Special events such as weddings and reunions up to no greater than 30 on site cars or 200 people on site at any one time. C. Events of greater than 30 Cars or over 200 people shall be approved on a case - by -case basis through the temporary use permit process. 000010 Resolution NOQPO -2001 Page 2 subject to the following conditions: 1. Any event larger than 200 people on site shall require an individual Temporary Use /Special Event approval by the BOCC. No greater than 30 cars shall be allowed on site. 2. Any exterior modification to the Castle or accessory structures thereof must be reviewed and approved by the Redstone Historic Preservation Commission and receive necessary building permit approvals. 3. Within 45 days of this approval, building officials shall conduct life, safety, fire, and building inspections. Any found violations to this approval shall be remedied within 6 months of this approval. 4. Within 45 days of this approval, the Applicants must provide to the Environmental Health Department proof that the Applicant and the water district are mutually bound to serve the facility with water from the Redstone Water & Sanitation District. 5. The Environmental health Department must receive a septic system application to evaluate the adequacy of the existing individual septic and disposal system and the number of people the system can serve. A walk through shall be conducted by the Environmental Health Department within 45 days of this approval and any suggested remedies to the septic system must be completed within 6 months. No events or use are allowed on this site that includes more people than individual septic and disposal system can handle. If it is determined that the system must be replaced, repaired, or enlarged, the applicant must provide a letter from the sewer district stating the district's intent to serve or not serve the project. A letter of intent from the district must reference the existing levels of throughput treatment and how the proposed project will impact the design capacity of the plant. If the district cannot serve the project, the Applicant must submit a State Site Application immediately and the design must be in conformance with requirements of the State of Colorado Water Quality Control Division. The owner must then proceed with the site application in a timely manner. The applicant understands that the Environmental Health Department requirements shall be the ultimate factor limiting the number of people allowed at any given activity. Any outstanding Environmental Health issues shall be rectified by the Applicants. 6. The Applicants must provide a PM -10 mitigation program containing specific, enforceable control measures, which must be approved by the Environmental Health Department. The plan must include documentation showing that the proposed mitigate measures will fully mitigate or offset all PM -10 increases caused by the commercial activity on the property. �i;O11 Resolution No Ot6 -2001 Page 3 0 7. The Applicants must submit a Food Service Plan Review Application for the expanded use to the Environmental Health Department. 8. The Applicants shall work with the Building Department and Carbondale & Rural Fire Protection District to determine exemption allowances for fire safety and sprinkler installation for assurance that safety standards are met. 9. The Applicants shall submit and implement a Fire Safety Operation plan to be approved by the Carbondale & Rural Fire Protection District. 10. The Applicants shall submit a Transportation, Road Maintenance, and Parking Plan to be reviewed and approved by the Pitkin County Engineer and Pitkin County Safety Coordinator prior to commercial activity commencing on the property. 11. The Applicants shall submit all necessary applications to the County for review of the construction of the unapproved driveway that crosses the front lawn of the Castle. If approval is not be obtained, the Applicants must remove the driveway and restore the lawn to its original condition. 12. Emergency training for all employees shall be mandatory as administered by the Carbondale & Rural Fire Protection District. 13. The Applicants shall obtain the appropriate permits for any additional construction or parking on the property. 000012 C` Resolution No.6W -2001 Page 4 E APPROVED AND ADOPTED ON THE 11TH DAY APRIL 2001. ATTEST: Y e . Dean , / De uty Clerk and Recorder APPROVED AS TO FORM: John Ely, Co ttomey Cate #P151 -00 PID# 272929100002 000.013 BOCC OF COUNTY COMMISSIONERS OF P THIN COUNTY, COLORADO t4 -�- � Michael C. Ireland, Chair Date: 0 —/0 -V/ APPROVED AS TO CONTENT: Cindy Houben, Community Development Director r] MEMORANDUM 0 TO: John Ely, County Attorney TFIRU: Cindy Houben, cunt oy CCtt ommunity Development Director FROM: Tamara Pregl, Planner RE: Redstone Castle DATE: July 11, 2000 ISSUE: At the Wednesday, July 12, BOCC regular meeting, Harte Entertainment Group, Inc., the new owners of the Redstone Castle, the Barn Parcel and the Carriage House, are requesting a new liquor license from the County. This request has raised a number of concerns in the Planning Department regarding the.use;of :the :property and outstanding_violations. The Zoning of the Castle property is RS -30, the Barn Parcel is AFR -2 and AFR -10 and the Carriage House is RS -30 and AFR -10. Over the past years, uses :have: occurred :at :the:Castle which .are not within.,_ thes scope of the Special- Review- approval= granted:in_1982 (Resolution No. 82 -113), such as tours of the Castle by the general public and various lodge and restaurant activities. It was determined by the County Attorney's Office that the uses outlined in Resolution No. 82 -113 are legal non- conforming uses provided that the uses have not been abandoned or discontinued for twelve consecutive months, see Section 6 -20 -060. Staff is of the opinion that all uses of the Castle, aside from the tours have been discontinued over the past year due to the sale of the property, twice, over the past year. Therefore, any uses that the current owner intends on operating require Special Review approval by the County. In addition, no resolution has been reached with respect- toalt action :of- the-tiistoric:drainage on the Barn parcel. Staff feels that the County should table the Applicant's request for a liquor license until all of the land use issues are resolved. Per your request I have gathered all the documents that our department has on file and some documents that your office has sent out over the past couple years regarding the historic drainage violations and the uses of the property. Below is an brief outline of the letters that are attached to this memorandum. I assume that your office has these documents, as well as additional correspondence. I. September 23, 1997 — Red Tag regarding work performed within the drainage that affected the lower access road. 2. January 9, 1998 - Notice of Violation regarding work on the historic drainage without approval and permits. 3. May 4, 1998 letter from the County Attorneys Office regarding the work on the historic drainage without permits. 4. May 27, 1998 letter from the County Attorneys Office regarding the establishment and financing for general improvement districts. 5. October 23, 1998 - Notice of Violation letter regarding the "Natural Health Day Spa" use. 6. November 23, 1998 letter from Castle Consulting LLC in response to a Notice of Violation letter sent by Joanna Schaffner on October 23, 1998. 000014 0 11 7. November 30, 1998 letter from the County Attorney's Office regarding a meeting with the BOCC to discuss the issues surrounding the mudslide in 1997. 8. June 17, 1998 letter from the County Attorney's Office regarding the blocked culvert and the change of access to the Castle without a permit. 9. July 7, 1998 letter from the County Attorney's Office regarding no resolution with the blocked culvert. 10. March 14, 2000 letter from the County Attorney's Office to James T. Burghardt, Esq., the property owners prior to the Harts, regarding the uses of the Castle property. 11. In addition, a Food Service permit was issued by the Environmental Health Department on Friday, July 6, 2000. This permit allows the property owners to service food for sale. The kitchen has been deemed an acceptable place to prepare food for commercial purposes. RECOMMENDATION: The Planning staff recommends that the BOCC table the Hart Entertainment Group, Inc. request for a liquor license for the Redstone Castle, until the uses of the Castle and the other parcels are brought into conformance with the Pitkin County Land Use Code. 0001015 MEMORANDUM TO: Board of County Commissioners Regular Meeting — April 11, 2001 FROM: Brian McNellis, Planner* THRU: Cindy Houben, Community Development Director RE: Redstone Castle Special Event/Temporary Use Permit SUMMARY: The Applicants are requesting a Special Event/Temporary Use permit pursuant to Code Section 3- 200 -030 for continued historical operation of the Redstone Castle as a "bed and breakfast" and restaurant/bar. APPLICANT: Leon and Debbie Hart, Tranquil Operations, LLC LOCATION: Redstone Castle, Redstone ZONING/LOT SIZE: RS -30, AFR -2, AFR- 10/71.97 acres BACKGROUND: The Redstone Castle was built in 1902 and has been an icon for the town of Redstone ever since. The Castle has been used for a variety of different social gatherings over the years and received a formal resolution in 1982 to operate as a seminar /group meeting facility. It was determined by the County Attorney's Office that the uses specified in Resolution No. 82 -113 were legal non - conforming uses provided that the uses have not been discontinued for twelve consecutive months (see Section 6- 20 -060). The Community Development Department has taken the position that the uses permitted in Resolution No. 82 -113 have been discontinued during transfers of the property between different owners. Therefore, any uses that the current owner intends on operating require further approval. As a means to allow the continued operations of the Castle while pursuing a rezoning of the property, Staff recommended that the Applicants apply for a Temporary Use Permit in order to operate commercial facilities on the property. The Applicants are currently requesting a Temporary Use permit to allow the following uses with the projected guest generations: • Public Tours in excess of 100 people per day. • Weddings/Family Reunions of up to 400 persons per event. • Bed and Breakfast/Overnight Business Conferences with up to 34 persons per night. • Restaurant (unknown generation). • Special Events /Concerts limited to 1000 people. 0UL1016 0 Ll The commercial uses the Applicants are proposing are not allowed within the AFR -2, AFR -10, or RS -30 zone districts by right or special review. The Applicant has currently been issued liquor and food service licenses. STAFF COMMENTS: It is the opinion of Staff (and the current owners) that a rezoning of the property to a newly developed zone district, which allows commercial activity for the future vitality of historic structures in Pitkin County may need to be considered. Staff recommended that the Applicants apply for a Temporary Use Permit to allow the current use of the Redstone Castle as a "bed and breakfast" to continue until an appropriate zone district or overlay district can be established. It is also Staff s opinion that large events such as concerts and weddings should be required to go through individual Special Event/Temporary Use Permit applications to assure appropriate safety and emergency staffing. The Castle has had a series or zoning violations in past including drainage and construction without proper permits. Staff has referred to Joanna Schaffner, the Pitkin County Zoning Officer, who has indicated all previous violations have been resolved with the exception of proper permitting for a driveway that was constricted across the front lawn of the Castle. Staff would recommend that the Applicants either receive the proper approvals to legitimize this access, or remove the driveway and restore the lawn to its original condition. The Redstone Master Plan identifies the lawn in front lawn as part of the Castle's scenic beauty and that it should not be disturbed. Temporary Commercial Uses: Temporary Commercial Uses are subject to review pursuant to the criteria in Code Section 3- 200 -030. A. An applicant must demonstrate that adequate provision have been made for: 1. Police Supervision is necessary; 2. Public Parking; 3. Insurance; 4. Site set -up maintenance and clean -up; 5. Emergency services; and 6 Safety of operations; Response: The Applicants have established the necessary provision to operate a "bed and breakfast" at the Redstone Castle. It is Staffs opinion that the current operation (not exceeding 34 guests per night or 150 people per event) does not require police supervision, emergency services, or safety operations beyond that which is currently provided by the Pitkin County Sheriffs Department. 0 00017 ;J v Staff would recommend that the Applicant be required to prepare a Safety and Operations plan that addresses the safety concerns of the Pitkin County Safety Coordinator prior to commencement of further commercial activity on the property. Staff has concerns regarding the amount of parking on the property. The existing parking on the parking is clearly inadequate for the type of events proposed (Staff counted approximately 20 -30 spaces that are available). The application indicates that the owners of the property have leased additional parking behind the "coke ovens" for utilization during large events. From the parking area, guests would be shuttled to the Castle. The application indicates that overflow parking will not be necessary for event under 150 people. Staff has received a letter from Midcon Reality stating that no lease agreement has been established for utilization of the coke oven parking area foe overflow event parking. Staff would require that the Applicants submit a parking and transportation plan to be approved by the Pitkin County Engineer for review and approval prior to any further events or commercial uses on the property. B. Temporary structures constructed or place on the premises shall conform to any and all applicable building codes and other County regulations. Response: This application was referred to Russell Grance of the Pitkin County Building Department. Mr. Grance had no comments or concerns in regards to this application. C. These permits shall be issued for no more than seventy -two (72) hours. Applications for activities of longer duration must be approved by the Board at its discretion. Response: The Applicants are requesting continued use of the Castle as a commercial facility which requires approval from the Board of County Commissioners. Staff recommends that the applicants be allowed a one year Temporary Use Permit for the Bed and Breakfast with no greater than 34 guests at any given time and/or a restaurant with no greater than 150 seats. Other events shall be required to be reviewed on a case -by -case basis as individual Special Event applications. D. A fund- raising or non - commercial event for a nonprofit religious, educational, or community service organization shall not require a community development permit provided the special event is conducted entirely (including parking) on private property owned or leased by the sponsoring organization... Response: The Applicants are requesting approval of a commercial operation for profit. 000018 Referral Comments: 0 • Nancy McKenzie of the Pitkin County Environmental Health Department, reviewed the application and had concerns regarding water and sewage capacity on the property with the proposed uses. She recommended that the Applicant provide adequate documentation of the Redstone Water and Sanitation District's intent to provide water for the expanded use. Mrs. McKenzie mentioned that the Environmental Health Department does not currently have a septic permit on file for the Castle. The Applicant must either submit an application for a septic permit or apply to the Redstone Water & Sewer District to provide service. Other concerns in the referral letter were increased PM -10 as a result of the expanded use and the Applicant's need to mitigate increased air pollution. • Ron Thompson of the Redstone Water & Sanitation District submitted a letter verifying that the District has the ability to provide water to the Redstone Castle and that two fire hydrants are maintained in the vicinity of the Castle. • Bill Gavette of the Carbondale & Rural Fire Protection District reviewed the application and had concerns regarding the fire danger on the property due to the Castle's design, absence of smoke /fire barriers, and the use of flammable finishes. Mr. Gavette provided recommendations to improve fire safety in the Castle that have been included as conditions of approval. RECOMMENDATION: Staff recommends approval to the Board of County Commissioners for the Special Event/Temporary Use Permit for the continued operation of the Redstone Castle as a bed and breakfast/restaurant /special events facility subject to the conditions in the attached resolution. ATTACHMENTS: A. Draft Resolution B. Letter and attachments from Cynthia Tester attorney for Debbie Harte (Applicant). C. Memo from Environmental Health D. Letter from Carbondale & Rural Fire Protection District E. Letter from Redstone Water & Sanitation District ' Mr. McNellis has received a Bachelors Degree in Environmental Design from the University of Colorado and has worked as a Planning professional for 6 years. Mr. McNellis has been an employee of Pitkin County for a total of 5 years. 006,019 E E Vice - Chairperson Clapper called the question. Motion passed unanimously. LAND USE ACTIONS: FIRST AND FINAL READING AND PUBLIC HEARING ON RESOLUTION APPROVING A ONE -YEAR TEMPORARY USE /SPECIAL EVENT PERMIT FOR THE REDSTONE CASTLE TO OPERATE AS A BED AND BREAKFAST RESTAURANT, AND SPECIAL EVENTS FACILITY — MOTION TO APPROVE, AS AMENDED Brian McNellis — County Planner; Leon Harte and Debbie Harte of Tranquil Options, LLC — Applicants; Cynthia Tester — Applicant's Attorney Brian McNellis proceeded with his presentation on this application as shown in his memorandum. Said memorandum is attached hereto and made a part of this record as EXHIBIT "L ". Staff is recommending that the Temporary Use Permit be limited to one -year only and that the applicants be required to return in one -year to reinstate the application of approval. Mr. McNellis would like Nancy McKenzie of the County Environmental Health Department to respond on the septic system. Her referral comments on in Mr. McNellis' memorandum. Ms. McKenzie stated that there were no septic permits on file. She doesn't know if the system there is adequate, in size and operation, for the larger events requested by the applicants. She believes that first she needs to see what is there and how it is functioning. Ms. McKenzie stated that the applicants did not have a food service license. Mr. McNellis replied that he has added a condition of approval for the applicants to obtain that licensing. Cindy Houben, Director of Community Development, did remind the Board that staff had been instructed not to bring any items before the Board that contained violations on the property. She did, however, check this one with Chairperson Ireland who gave the approval to put it on the agenda. Commissioner Roy questioned the use of fire sprinkler systems in an historic building such as the Castle and the damage it could possibly due. The use of sprinklers is a condition of approval based upon a request from the Carbondale and Rural Fire Protection District and the Pitkin County Building Division. Commissioner Farris said that it would have to be compatible with the Historic Preservation Committee. BOARD OF COUNTY COMMISSIONERS 19 REGULAR MEETING APRIL 11, 2001 u00020 0 The question seemed to be who was the overriding authority in this matter. Ms. Houben said that prior to operations the Building officials want to do a walk through. There are certain exemptions in the Building Code for historic structures in terms of safety needs. She would like to add condition number 11 that will read "prior to operations, building officials shall do a walk through of the structure and make recommendations according to safety/health issues ". Commissioner Hatfield spoke about Bill Gavette's December 16, 2000 letter to Community Development. Said letter is attached to Mr. McNellis' memorandum. In his letter he recommends that an automatic fire sprinkler be installed. Commissioner Hatfield questioned why this became a required condition. Ms. Houben responded to his question. She said that this was a recommendation from a Fire District. The way it was stated was such that it could go either way. To be the safest as they could possibly be, staff opted to include the recommendation into the conditions of approval. She said the Board has the ultimate decision on whether it stays in there or not. There was much concern over condition number 7 regarding the installation of an automatic fire sprinkler system. Commissioner Hatfield said that as one of the five Commissioners he has an obligation for health and safety. He doesn't want to say SHALL install a sprinkler system. This is a temporary use permit. He said the Board must require an investigation for a solution to the fire safety issue. It was decided that wording would be added to condition number 7 that says to the effect that at this point it should not be a definite requirement but be left up to the professional advice of the Building Division and the Fire Department working together with the Redstone Historic Preservation Commission. Commissioner Hatfield started the next discussion on the parking issue. He asked staff how they got to overflow parking not being necessary for events under 150 people? He wants to know if the Board is comfortable with 150 people and is that the right number for threshold? Ms. Houben responded by saying that on events, like on Elk Mountain Lodge, the Board required that people work together on this issue. Her assumption was that it would work the same way at the Castle. Vice - Chairperson Clapper made a suggestion on this. She asked if the Board could do that on a re- evaluation if it becomes an issue, as it has been done on previous Temporary Use Permits? Discussion ensued on this issue. BOARD OF COUNTY COMMISSIONERS 20 REGULAR MEETING APRIL 11, 2001 00 021 Commissioner Farris asked for a few minutes to go over items regarding this application. She remarked on the request for concerts limiting the number of people at 1000. She said that would never be approved. Her next concern was with weddings and family reunions of up to 400 people. 400 people are more than she feels can be accommodated. She said Elk Park could accommodate 50 or 60 cars. Beyond 30 cars she believes the Castle always used a van for pick up. She thinks that beyond 150 people you would have to be very careful of the planning. She next addressed the septic system to be connected to the Redstone Water and Sanitation District. She thinks this is an issue to be looked at. She also believes the road issue is something to be looked at. Commissioner Farris believes that this Board has always taken the position that the Castle is essential to the function of Redstone and is a natural treasure. She also thinks the Castle should capitalize on the fact that it is an historic building. Perhaps funding could be obtained to help improve it. She said that the Castle does need events to bring in money such as weddings and special events. She's not sure it is good that the Historic Trust took the Redstone Castle off the endangered list. She believes it needs all the help it can get. Commissioner Farris next referenced statements in the February 23, 2001 letter from Cynthia Tester of the law firm Beattie & Chadwick. Said letter is attached to Mr. McNellis' memorandum. Commissioner Farris resented the inference and remarks made that Pitkin County's intention was to put the Redstone Castle out of business. She does not like to be talked down to with regard to how it is fixed and how it is used and she really, truly resents the letter. Cynthia Tester, author of the letter from Beattie & Chadwick, asked to address Commissioner Farris' comments. She explained that John Ely, whom she knows, told her to put in writing what it is she thinks is going on there. She further informed the Board that she had represented Ken Johnson, one of the prior owners. She brought along a small black book that belongs to Sue who has worked at the Castle for the last 7 years and supposedly shows everything she has done at the Castle. The whole point of her letter was not to insult or anger the Board but to show that there has been no lapse in use over the last 12 consecutive months. She is looking forward to the Board members visiting the Castle to see all of the work that has been done to it. She said the applicant would love to accommodate a walk - through by the Building officials, but Tranquil- Options has many events scheduled now and she does not know when that walk - through could be accomplished. She believes it would be hard to stop operations before the officials could do a walk - through. She said the applicant is certainly happy to work with the Board in every single way to get the walk- through done as quickly as possible and to show how the septic is working, what the capacity is and how the Castle is functioning, especially to parking. She mentioned BOARD OF COUNTY COMMISSIONERS 21 REGULAR MEETING APRIL 11, 2001 000022 000023 0 0 the Castle Cruiser that is a bus supplied by the Castle to pick people up at the Coke Ovens. Regarding the road in question, Ms. Tester said that the applicant, as part of her parking plan, has thought of doing two things that may address the Board's concerns. One, Ms. Harte is planning to reroute the road, that appeared one day, and pulling it over in a different direction that will avoid the slope that has caused problems. Second, in doing so, she will be pulling down the area where the parking presently exists so that will probably add 20 spots. Ms. Tester said that if the uses are approved in the overlay district they are hoping to create, she sees no need to come back year after year for review. Ms. Tester said she had some good news about the automatic fire sprinkler system that may alleviate the Board's concerns. She said Bill Gavette has been to the Castle three times. They have fire alarms throughout the Castle and all sorts of other devices. But, what they haven't been able to establish yet is how they are going to pull a sprinkler system through the ductwork in the Castle without destroying the ceiling. She said Ms. Harte might have found a way to pull some water lines through the ductwork to some of the more publicly dense areas such as the eating areas in the main dining hall. Certainly a full alarm system will be added and Ms. Harte is in the process of trying to write a grant to get money for that. Ms. Harte said she has met with Bill Gavette of the Carbondale Fire District and he has advised her to hold employee training days for emergency training as soon as the weather broke this spring. She has been working on the alarm and sprinkler system but it is very tricky. One of the workers that have been working on this with her has some ideas to use the existing duct system. This will not be something that will happen overnight plus it will be quite expensive. Ms. Tester asked if the applicant needed a special permit to the extent that the uses that have been going on for the past 15 years have been in existence and have not changed? Vice - Chairperson Clapper said that she thought that was the determination of staff. Ms. Tester said she didn't think that was the determination of Mr. Ely though. She didn't want to speak out of turn but she felt that was up to him. Ms. Houben said, "if that's John's opinion she has not heard that and she is going with the zoning official's opinion that there is no proof of that continued operation ". Ms. Tester said she can prove the existing uses and if the Board wanted to continue this they could. Vice - Chairperson Clapper asked Mr. Ely if the best direction the Board could take now was to look at this application under Special Use? BOARD OF COUNTY COMMISSIONERS 22 REGULAR MEETING APRIL 11, 2001 Mr. Ely responded by saying if there is no finding by the Board that the use when it was legally initiated and has not been discontinued for a period greater than 12 months then the Board has to grant a Special Use approval so that the use can continued. However, if there has been no discontinuance then maybe that's an issue of fact between Joanna and Debbie. Mr. Ely did not want to "muck" up the waters anymore but there is a lot of confusion with past actions. And, if "we" don't do anything on the property for another year will everybody forget that the grant of this approval wasn't really a determination of the discontinuation of the use butjust an expedient way to allow a continuation of an operation, the parameters of which have been known to everybody for quite some time. If staff can get moving on a zoning "fix" that's the best way, he concluded. Commissioner Farris thinks that it is in the best interest of the County to clarify by developing a special "zoning overlay ", whatever you want to call it. In the meantime she suggested two options. One is that the Castle operates in a non - conforming way and the Board could argue over whether the notes in the little black book that say this is what I did were really a public use and a continuation of all those uses or not. The other option is to say we are ready to continue those uses that we believe are good. Commissioner Farris would like to add to A., B. and C of the resolution recitals and 'activities a D. for the tours, which are an important part. Tours would be under 150 people but, for events, she has no problem going to 175. People would have to be bussed. Commissioner Farris continued by saying she needs to know the number of staff to be hired in the summer and if the applicant is applying for a grant, as stated earlier, she would recommend that the County get a copy of it. Ms. Harte responded that 6 staff members would be hired in the summer. In the winter she usually has 5 or 6. Commissioner Hatfield feels that if everyone is going to work together on this that a few guidelines need to be established. He doesn't think the Board would require an annual Temporary Use Permit every year because the goal is to implement a new Zone District. He would like to do a site visit as soon as possible. The next discussion was on the proposed time frame in terms of inspections. Commissioner Farris suggested 6 months. Commissioner Hatfield said why doesn't the Board say in one year we will implement the Zone District and the applicant has to have all of this work done. Vice - Chairperson Clapper would like to give the applicant 6 months. 000ii24 BOARD OF COUNTY COMMISSIONERS 23 REGULAR MEETING APRIL 11, 2001 0 0 Commissioner Roy would like to add the following to recital number 2. The additional wording would be added at the end of the existing sentence and would read "while the County develops a Zone District that will allow commercial uses of the Castle ". Ms. Houben informed the Board of several different Districts that have been discussed and one or two that were even in place in the County. Commissioner Roy added to her request for additional wording on recital number 2. After the word Castle, she would like it to read "and to bring the Castle up to modern standards that are consistent with historical sites for health, environmental, safety, etc. ALTHOUGH SEVERAL SUGGESTIONS WERE MADE THROUGHOUT THIS MEETING, THE MOTION MADE BELOW BY COMMISSIONER ROY SHOWS THOSE AMENDMENTS APPROVED BY THE BOARD. Commissioner Roy made a motion to approve the temporary use /special events permit with the following amendments: To be added to the end of recital number 2 - while the County develops a Zone District that will allow commercial uses of the Castle with the intention of using this time to bring it up to health and safety standards. 2 Under condition 4.B. (under recitals and approved activities on the first page of the resolution) the number of people will be increased to 200 on site at one time and with events of greater than 200 having to be approved on a case by case basis 3 Item D. will be added to the recitals and the approved activities on the first page of the resolution to include tours of 100 people. 4 On Condition number 7 the automatic fire sprinkler system will be deleted and another condition will be added (either as a 7.A. or 8.) that will say sprinklers will be looked into for their feasibility in historic structures. 5 Condition number 11 shall address the walk- through by Building Officials and within 6 months the septic report and recommended changes to the septic system will be completed. NOTE: Regarding the walk- through and time for the septic report and /or changes, Ms. Houben suggested that within 45 days both the septic issues and the walk- through by Building Officials have to be completed. Remedy of these issues must be done within 6 months or this Temporary Use shall expire. 000025 BOARD OF COUNTY COMMISSIONERS 24 REGULAR MEETING APRIL 11, 2001 MEMORANDUM To: Gabe Preston, Community Development Department From: Nancy MacKenzie, Pitkin County Environmental Health Department ",~ Date: January 19, 2001 Re: Redstone Castle Special Use Review to legalize Special Existing Historical Uses Parcel ID # 2729 - 291 -00 -002 The Pitkin County Environmental Health Department has reviewed the details of the Redstone Castle application under the authority of the Pitkin County Land Use Code. The application is to legalize existing uses and to approve additional uses: public tours, wedding/family reunions up to 400 people, business conferences for 34 people including restaurant and lodging accommodations, special events with no limit on attendees indicated, concerts up to 1,000 people, restaurant facility open for the public and for use by any Castle event, and a pub open to the general public. ADEQUATE PROVISIONS FOR WATER NEEDS: Sections 2 -170 and 3 -70 -100: "It is the policy of the County to insure the availability of a water supply of adequate quality, quantity, pressure and dependability for fire protection and support of a proposed land use prior to approval of the use. The County shall require land uses to hook up to existing public systems if service is available " (Prior code 2.17) This property is served with water provided by the Redstone Water and Sanitation District. The water district must decide if they have the capacity to provide water for the proposed expanded use of this property. The applicant must provide "a letter of intent to service the proposal " from the water district. A condition of approval for this application is proof that the applicant and the water district are mutually bound to serve the new facility with water from the Redstone Water & Sanitation District. SEWAGE TREATMENT AND COLLECTION: Sections 2 -180 and 3- 110 -050: "It is the policy of the County to ensure that adequate sewage treatment facilities are available to serve existing and new developments. Any proposed system must be shown to be financially feasible considering a reasonable tax base and other legal criteria prior to approval of any land use." (Prior code 2 -18) This area of Pitkin County had traditionally been served by individual septic systems. The property is within the boundaries of the Redstone Sanitation District though there is no sewer line in the immediate area at this time. All individual sewage disposal systems (ISDS) installed within Pitkin County require septic permits issued by the Environmental Health Department, and must comply with the County's Individual Sewage Disposal System Regulation. This department has no septic permits on file for this property. Since the systems are not permitted, it is possible that the systems were not sized properly even for the present use and do not meet code. The owners will need to submit an application for a septic permit for this property. This application must be done through a Colorado Registered Professional Engineer who can evaluate the septic system(s) based on the following: 1. How many ISDS serve this property 2. Where are the locations of the ISDS 000026 wwm on anr� Pew 0 3. What is the soil data for the ISDS (profile hole and percolation test results) 4. 'What is the maximum number of people the existing system(s) can serve 5. Is the size adequate for the existing uses 6. Is the size adequate for the proposed expanded uses (concerts with 1000 people, weddings with 400 people, restaurant, lodging, etc) 7. Are the ISDS installed properly and to code 8. Provide documentation that the systems are functioning properly After all the information is collected, the engineer can determine the number of people the existing ISDS can serve. The permitted use cannot be for a number larger than the ISDS is sized. If the system is not large enough for the permitted use, the system will have to be replaced or enlarged. This department may not issue an ISDS permit if the property is in a municipality or special district that provides sewer service, except where the municipality or district determines sewer service to the property is not feasible. If replacement or expansion of the existing systems is required, the applicant must apply to the Redstone Water & Sewer District to provide service. The district must provide a letter to this department and either state if they are willing to serve this project or state if it is not feasible. If it is not feasible to hook up to the sewer district, an ISDS with a design capacity greater than or equal to an average daily flow of 2,000 gallons per day must be approved and permitted by the Colorado Department of Public Health and Environment Water Quality Control Division. A condition of approval for this application is: The Environmental Health Department must receive a septic system application to evaluate the adequacy of the existing ISDS and the number of people the system can serve. No events or use can be allowed at this site which allow more people than the ISDS can handle. If it is determined that the system must be replaced, repaired or enlarged, the applicant must provide a letter from the sewer district stating the district's intent to serve or not serve the project. The letter of intent from the district to serve the project must reference the existing levels of throughput treatment and how the proposed project will impact the design capacity of the plant. If the district cannot serve the project, the applicant must submit a State Site Application immediately and the design must be in conformance with requirements of the State of Colorado Water Quality Control Division. The owners then must proceed with the site application process in a timely manner. WATER RESOURCES IMPACTS: Sections 2 -140 and 3 -70 -050 and 3 -70 -100: "It is the policy of the County to preserve and protect its present water resources, recognizing the County's semi -arid character and that significant tmnsmountain and transbasin diversions and the vested rights of senior appropriators in the basin have materially curtailed the availability of an already scarce water resource. To this end it is the policy of the County that no land use be initiated which would adversely affect the quantity, quality, or accessibility of the County's water resources; or which would occur at the expense of established water -dependent agricultural activities; or which would result in increased salinization of water resources, loss of minimum stream flows, further destruction of wildlife habitat, or major expenditures to reacquire or redistribute major water resources. It is also the policy of the County to maintain a natural vegetative buffer along its surface waters such that the surface and groundwaters of the area are not encroached upon by land uses or other human activities which could cause deterioration of water quality or impair the natural treatment processes provided by meadows and wetlands." (Prior code 2 -14) The Environmental Health Department will be addressing impacts on down stream water quality. This application should not impact down stream water quality if the setbacks between the septic system and physical features comply with the Pitkin County Individual Sewage Disposal Regulations. 000027 0 The Environmental Health Department's mission includes to preserving and protecting the quality of Pitkin County's water resources. Since a large percentage of the population is dependent upon water from wells, elimination of groundwater pollution, and protection of aquifers and their drainage areas are of utmost importance. Roofs and asphalt areas can be nonpoint sources of water discharge that can contaminate water supplies. This Department recommends that nonpoint sources of discharge be retained on the property of origin. To accomplish this, the owner can use landscaping, drainage patterns, detention ponds, and/or dry wells for containment of water runoff from buildings. AIR OUALITY: Code Sections 2 -130 and 3- 60- 020: "It is the policy of the County to permit only that development which will not degrade air quality." The applicant has not addressed the impact on air quality for the additional uses that are being requested. Any increase in trips above the existing permitted use will generate more traffic which effects the air quality. While most of this traffic will probably not occur in the Pitkin County non - attainment area, increases in traffic will occur on Hwy 133 and in the, narrow, high - altitude valley of the Redstone area. This traffic will come primarily from guests, employees, and support/accessory vehicles such as food, flower, band and other delivery vehicles. The impact on air quality generated by the traffic from the proposed new uses must be mitigated. The applicant must evaluate the impact from expanded restaurant use, weddings of up to 400 people, special events of an unspecified number of attendees, music concerts for 1,000, etc. The standard used for trips generated by new development are the trip generation rates and reduction from the "Pitkin County Road Standards" which are based on the Institute of Transportation Engineers Tril) Generation Report, Sixth Edition. These books are available from our department. The applicant must show that the mitigation measures it proposes will be adequate to prevent significant increases in traffic or PMIO. The applicant will need to first determine the traffic and PM -10 increases the project would cause without mitigation measures. Then, the applicant should evaluate the proposed mitigation measures to ensure they will fully offset any increases in traffic or PM -10. A condition of approval should be: The applicant must provide a PMIo mitigation program containing specific, enforceable control measures, which must be approved by the Environmental Health Department. The plan must include documentation showing that the proposed mitigation measures will fully mitigate or offset all PMIg increases caused by the project in the nonattainment area. CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: Section 2 -70: "It is the policy of the County to consider whether approval of uses or development of lands within Pitkin County is consistent with applicable laws of the United States of America and the State of Colorado." (Prior code 2 -7) NOISE Using or operating a loudspeaker or sound amplifying equipment must comply with the Pitkin County Noise Abatement Ordinance. Please refer to Pitkin County Code Title VIII for further details. 000028 FOOD SERVICE FACILITIES This department was not aware that the Redstone Castle was no longer zoned for commercial use and we did issued them a Food Service License for the year 2000. The facility was inspected and the license issued for a facility that would have no more than 110 seats and serve a maximum of 34 breakfasts, 100 lunches, and 100 dinners. Outside caterers were to bring food in for special occasions. The applicant is proposing to expanded the food service. A condition of approval of this application is: The applicant must submit a Food Service Plan Review Application for the expanded use to the Environmental Health Department. Final approval from this Department is necessary before opening for business and before issuance of a Colorado Food Service License. A minimum of two weeks is necessary for this Department to review and approve plans. 000029 �P� MIDCON REALTY LLC P.O. Box 2115 PHONE 1001 Grand Avenue, Suite 106 FAX (970) 945 -7148 Glenwood Springs, Colorado 81602 (970) 945 -2303 January 15, 2001 Leon and Debbie Harte Tranquil Options, LLC 58 Redstone Blvd. Redstone, CO 81623 Dear Mr. and Mrs. Harte: My attention has been called to your request to Pitkin County for a Special Use Review of the Castle facilities dated September 28, 2000. In the application it is stated that "An agreement has been reached for the use of the coke oven parking area" for "busing tourists from leased parking area behind the coke ovens, if need be." While we want'to be cooperative and did authorize your use of the coke oven area on two specific defined occasions for parking purposes, we have not entered a lease, and have no other commitments for such use. I believe this should be clarified with the county before proceeding further. Sincerely, MIXON REALTY, LLC. By Manager RD /pc / xc: Gabe Preston Aspen / Pitkin Community Development Dept. 000030 L I • i RECEIVED DEC 2 7 2000 ASPEN I PITKIN COMMUNITY DEVELOPMENT December 16, 2000 FIRE • EMS • RESCUE Tamara Pregl Aspen/Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: Redstone Castle Special Use Review Tamara: I have reviewed the Redstone Castle application. The design of the Castle would make it very difficult to control a fire should it occur in the building. The open stairways, open vertical shafts, absence of smoke and fire barriers, and flammable finishes would allow a fire to develop and spread rapidly throughout the building. Chief Ron Leach and I have met with Debbie Harte and her staff to discuss fire protection for the. Castle and to express our fire and life safety concerns. We found Debbie and her staff to be very receptive to our concerns and suggestions. We make the following recommendations in order to provide a reasonable degree of fire and life safety for the building: A monitored fire alarm system should be installed throughout the building. The building currently is protected only by individual battery powered smoke detectors. A fire alarm system can provide the early warning needed to get people safely out of the building and to notify both the staff and the fire department. Current wireless technology can allow a system to be installed without significantly impacting the historic nature of the building. 2. Implement a Fire Safety Plan. Management involvement in fire safety planning is critical to successful program implementation. Appropriate personnel should be educated and trained in the importance and the implementation of a sound fire prevention program for the building. We have offered our assistance in developing and implementing a plan. NFPA 914 "Recommended Practice for Fire Protection in Historic Structures" provides an excellent guide for developing such a plan. 3. We have recommended that an automatic fire sprinkler system be installed in the building. While recognizing the challenge of installing a system in the Castle without impacting the historic nature of the building, these systems provide the most reliable and effective means of suppressing fires and providing for life safety. 0001031 Carbondale & Rural Fire Protection District 300 Meadowood Drive • Carbondale, CO 81623 • 970/963 -2491 Fax 963 -0569 Page 2, Redstone Castle Special Use Review Access & Water Supplies The Redstone Water & Sanitation District has recently improved the water system that serves the Redstone Castle. Adequate water supplies are available from the fire hydrants located near the Castle. Access is also adequate to the building. Response time to the property is approximately 10 -15 minutes with response coming from Station No.2 in Redstone and Station No.] in Carbondale If you have any questions, feel free to contact me. Sincerely Bill Gavette Deputy Chief 000032 0 0 Bud Eylar, the County Engineer, made the following comments with regard to the implications of the proposed development on Redstone South Blvd.(see Attachment F): • The traffic engineering report submitted by the applicant asserts that the six proposed residences will generate 57 additional trips, which added to the trips currently generated by the residences and the Redstone Castle will result in a total of 222 trips daily. This traffic level requires a Country Road standard (e.g. 20 ft. platform and 16 ft. wide road). Mr. Eylar notes that such improvements would be very difficult and environmentally destructive as the road is currently constrained by steep cliff -like slopes above and the Crystal River below. • Furthermore, the 222 daily trips estimate does not account for weekend peak traffic levels generated by "the Castle" which can result in 1.5 to 5 extra trips per unit per weekend. Taking these additional trips into account pushes the road standard requirements up to the next level, the Rural Access (e.g. a 28 ft. surface width plus ditches and guard rail). The environmental damage to accomplish the building of a road to these standards would have extreme impacts on the slope and potentially on the river and so would not be permissible. • Caretaker Units allowed by special review in the RS30 zone district would also increase the daily trip generation, thus further necessitating that the road be upgraded to a Rural Access standard. Staff comments on Redstone South Blvd.: Clearly, any improvements to Redstone South Blvd. would impact slopes greater than 30% and would therefor be prohibited by the Land Use Code. Staff notes that any improvements to Redstone South Blvd. lie within the Redstone Scenic Area and are subject to Scenic Review. The scarring resulting from such improvements would have a significant negative impact on the County's Scenic Resources. The Applicants should consider working with the new owners of the Castle property to find an alternate access solution. 0 00333 Pitkin County 30 November, 1998 via FACSIMILE (963 -2590) AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED Mr. Ken Johnson 0058 Redstone Boulevard Redstone, Colorado 81623 Redstone Investments, Inc. P.O. Box 60221 Grand Junction, CO 81506 Re: Redstone Investments Inc. / Violations Gentlemen: In response to Joanna's Schaffner's October 23, 1998 letter/Notice of Violation to Redstone Investments, Mr. Johnson contacted Dorothea Farris, the Chair of the Board of County Commissioners, to try to set up a meeting with staff at which one or more Commissioners would be present. Subsequently, Mr. Johnson indicated to my secretary that he wanted an appeal or an administrative hearing before the entire Board. In reviewing our Land Use Code, under the current status of this particular action, there is no administrative appeal of the issuance of a Notice of Violation directly to the Board of County Commissioners. The appeal section of the Code, Section 5 -210 -010, relates to appeals of an applicant or other effective party appealing any determination regarding a development application. There have been no development applications in this case to date, and the enforcement provisions of the Land Use Code specifically delegate enforcement powers to the Building Inspector and the Planning Director, Section 7-20 - 30A, with the Board of County Commissioners retaining the ability to initiate and pursue judicial review of the final actions of those officials, Section 7- 20 -60. Nevertheless, the Board is willing to schedule time at public meeting for Mr. Johnson to discuss his issues. Please be advised, however, that the Board is aware of the history in this case which consists of the following: U001634530 Administration County Commissioners Coonty Attorney Finance and Use Tax E. Main, Suite 301 Suite 301 Suite 302 530 E. Main, Suite 201 Aspen, CO 81611 530 E. Main Street 530 E. Main Street Aspen, CO 81611 (970) 920 -5200 Aspen, CO 81611 Aspen, CO 81611 (970) 920 -5220 (y.1 PRINTEO ON FAX 920 -5198 (970) 9 20-5 1 50 (970) 920 -5190 FAX 920 -5230 \V�/ RECVCLEOPAPER Mr. Ken Johnson Redstone Investments, Inc. 11/30/98 Page 2 1. As a result of a mudslide in 1995 affecting the McCormick property, Francis Krizmanich required the sandbagging of the drainage channel at the top of the old ski slope. 2. A second mudslide in the summer of 1997 damaged the Harris property. 3. A Correction Notice was issued September 23, 1997, concerning the drainage and lower access road issues, and requested action by October 23, 1997. 4. January 9, 1998, a letter from Joanna Schaffner to Redstone Investments, Inc. requested a follow -up to the September 23, 1997 Correction Notice. 5. A May 4, 1998 certified letter to Redstone Investments, Inc. and Ken Johnson from this office threatened litigation if the drainage and road issues were not addressed. 6. A May 13, 1998 letter from Mr. Johnson requested a site visit, which subsequently occurred on June 5, 1998. 7. A June 17, 1998 follow -up letter requested that the culvert be cleared and indicated the County was investigating the other issues raised at the site visit. 8. A July 7, 1998 follow -up letter requested a response to the June 17, 1998 letter. 9. A June 27, 1998 letter from Ken Johnson indicated he did not plug up the culvert, that it was not his responsibility to clean it or keep it clean, and that everyone on the road just wanted free maintenance and he saw "no reason to do anything." 10. An October 23, 1998 Notice of Violation was issued to Cleveholm Manor, Inc. and Redstone Investments, Inc. Even though Ken Johnson was unwilling to meet with staff without the Board present, staff has had a meeting concerning the violations existing on the Redstone Investments, Inc. property. A pre - application conference needs to occur, at which time Redstone Investments, Inc. can be advised of the procedures and forms necessary for a 1041 Hazard Review with respect to the drainage and road issues. At a minimum, a hydrology and geology report will be required, after which the Community Development Department will be referring the geology issues to the state for review. The unblocking of the culvert by the lower road accessing the Harris and White's property hopefully will be done in the near future prior to the application and review of the other drainage issues. GOO- 035 Mr. Ken Johnson Redstone Investments, Inc. 11/30/98 Page 3 The road expansion issues, as they affect the Redstone Investments, Inc.'s property, can be addressed in the same application. Please be advised that even if you wish to schedule time with the Board of County Commissioners at a public meeting, Redstone Investments, Inc. should be prepared to respond quickly to the requests of staff concerning the application process in order to avoid litigation. Please call me immediately if you wish to schedule time before the Commissioners. The soonest available meeting would be December 16, 1998, and we need to schedule as soon as possible to assure time. Sincerely, Deborah Quinn Assistant County Attorney DQ /vvn cc: Suzanne Konchan Cindy Houben Bud Eylar Ic /d/redstone /co=sp/johnson &.Itr 000036 JUL. 30. 1998 10:46AM 17 June, 1998 PITKIN COUNTY ADMIN Redstone Investments, Inc. P.O, Box 60221 Grand Junction, CO 81506 Mr. Ken Johnson 0058 Redstone Boulevard Redstone, Colorado 81623 RE: Redstone Investments Inc. Gentlemen: NO. 2241 P. 3 Pitkin County Thomas M. Harris, Esq. Harris & Hams Griesheim Building Lincoln, IL 62656 Please be advised that on June 5, 1998, various members of County staff met with Mr. Ken Johnson, on behalf of Redstone Investments, Inc., and Mr. Bob McCormick, on behalf of the Redstone Water and Sanitation District, and discussed the mudslide which affected the Harris property in Redstone last summer, and what to do about the blocked culvert, among other issues. Our site inspection of the culvert area, as well as the upper portions of the drainage on the bam parcel owned by Redstone Investments, Inc., and the rest of the access road to the Castle, indicated that there are a number of issues about which the County has great concern, First, the County believes that, for a start, the .blocked culvert on the road accessing the Harris property should be unblocked and cleared by Redstone Investments, Inc. as soon as possible. The clearing of the culvert should at least give some assurance to the downhill property owners that any future mudslides or debris flows will have a means of downhill travel other than through their yard. However, 'there are further issues regarding the adequacy of the access road itself, as well as issues relating to other alterations of the drainage further up the mountain on the Redstone Investment, Inc.'s bam parcel. The County is continuing to Investigate the ©�� Administration County Commissioners County Attorney Finance and Use Tax $30 E. Main, Suite 301 Suite 301 Suite 302 530 E. Main, Suite 201 Aspen, e0 81611 530 E. Main Street 530 E. Main Street Aspen, CO 81611 (970)920.5200 Aspen, CO 81611 Aspen, CO 81611 (970)920.5220 �PWNMON FAX 920•S198 (970) 920-51 So (970) 920 -5190 FAX 920 -5230 PFGYCILO P�Pk9 JUL.30. 1998 10:46AM PITKIN COUNTY ADMIN N0.2241 P. 4 J Redstone Investments, Inc. Mr. Ken Johnson Thomas Hams, Esq. 17 June, 1998 Page 2 drainage issues in light of Mr. Johnson's assertion that a lot of the alterations of the drainage were done in connection with an erosion control program he worked out with the Soil Conservation District. With respect to the roads themselves, apparently Mr. Johnson, on behalf of Redstone Investments, Inc., changed the access to the Redstone Castle from in front of the carriage house to the lower road, and in the process, both widened the existing road and constructed a new connection from the lower road to the upper road through the meadow area. This work was done without any County permits, and the road as it exists today may not be adequate to safely handle existing commercial traffic to the Castle, or future uses. There was some discussion during our site inspection that Redstone Investments, Inc. may want to install a bridge across the Crystal River providing access to the Castle directly from Highway 133. The County would like to know if that is a proposal which will be presented to the County in the near future, because, if so, the adequacy of the existing access road could be addressed at that time. If not, we may need to require further information on the use of that-access road for commercial and public access to the Castle. In any event, the County would like to see the culvert cleared as soon as possible, and once it has been cleared, Bud Eylar should be notified to determine whether any further interim action is necessary pending an application from Redstone Investments, Inc. for the Castle, which would necessarily include the overall access issue. We will be in touch once we are further along our investigation concerning the other drainage issues. Sin erely, Deborah Quinn Assistant County Attorney DQ /vvn cc: Redstone Water and Sanitation c/o Bob McCormick Bud Eylar Lance Clarke I/dhedawne/wnuP�dinv@ I .Iv 000038 JUL. 30. 1998 10:45AM PITKIN COUNTY ADMIN 4 NO. 2241 P. 2 10 Pitkin County 7 July, 1998 Redstone Investments, Inc. P.O. Box 60221 Grand Junction, CO 81506 Mr. Ken Johnson 0058 Redstone Boulevard Redstone, Colorado 81623 Thomas M. Harris, Esq. Harris & Harris Griesheim Building Lincoln, IL 62656 RE: Redstone Investments Inc./ Violations Gentlemen: I have not yet heard a response from any of you in connection with my June 17, 1998 letter. Please let me know what your intentions are, and what work has been accomplished in connection with the request that the blocked culvert above the Harris property be cleared. In addition, you should work out a maintenance agreement among the property owners that will address rights and obligations to maintain this culvert in the future. In the meantime, the County is continuing its investigation on some of the other Issues referenced in the June 17, 1998, letter. We would very much appreciate hearing from you concerning Redstone Investment, Inc.'s intentions with respect to future land use approvals effecting access, and the intentions with respect to the culvert. erely, ae Deborah Quinn Assistant County Attorney DQ/vvn cc: Bud Eylar Lance Clarke JoAnna Schaffner Udhedamee/conesplred)ovR23tr Administration County Commissioners 530 E. Main, suite 3o1 Suite 301 County Attorney Finance and Use Tax U 3 7 U 7 Aspen, CO 81611 530 E. Main Street (970) 920.5200 Suite 302 S30 E Main Street 530 E. Main, Suite 201 Aspen, CO 81611 Aspen, Co 81611 ®eruvr¢oow FAX 920.5198 (970) 920.5150 Aspen, CO 81611 920.5190 (970) 920.5220 FAX 920•S230 PAM MAY. 2B, 1996 10:36AM 27 May, 1998 PITKIN COUNTY ADMIN . 0 Mr. Ken Johnson 0058 Redstone Boulevard Redstone, Colorado 81623 RE: Redstone lnvestments lnC R. •_ . »4 r NO.0994 P. 2 Pitkin Countj Enclosed please find information relating to establishing and financing general imptnvemcnt districts. As you can see, it is ten years old, but even where the laws have Changed, this booklet will still give you a very good general idea of what is involved. Also, you promised to send to me or call in the book and page numbers of the various easements relating to use of the road from Redstone Boulevard to the Castle. I have not yet received those from you. Finally, as I indicated, Joanna will be coordinating the site inspection. Sincerely, Deborah Quints Assistant County Attorney DQ /vvn En" Manual for Establishing and Financing General Improvement Districts cc: Joanna Schaffner (via fax w/o enc.) I /d /eed;tmWcomjpjjoh mZ4tr Administration 530 E. Main, Suite Sot CountyCommissloners CountTA[rorney Aspen. 3 617 (970) 970 20 -5200 Suite 301 S 3o E. Main Street Suite 302 530 E Main Street ,n "Wm ow FAX 92o -S19a nf0ar�Pen ®'�eie Aspen, CO 81617 (970) 920.5150 Aspen, Co 87611 (970) 920.5190 000-040 Finance and USa Tax 530 E Main, Suite 201 Aspen, Cc 81611 1970) 920 -5220 FAX 920.5230 October 23, 1998 Cleveholm Manor Inc 58 Redstone 31vd Redstone, CO 81623 Redstone Investments, Inc P 0 Sox 60221 Grand Junction, CO 81506 re: Parcel ID'i 27G�-2Ua- 0Q -007 Parcel =# 2729- 291- 00 -00*6 NOTICE OF VIOLATION Gentlemen, 0 ASPEN PITKN CCMNC]QY DE ELCP%IF%7 DEPAMMENT Recent newspaper and radio ads have alerted Pi-kin Cou-jzv to a change in use of the Redstone Castle. The "Natural Health Day Spa" as advertised, is a Prohibit ed Use in the RS -30 zone district. We have also received word that the castle was closed for ten days for a remodel,to accommodate this use. No approvals or permits have been issued by Pitkin County for ary such work. Additionally, Redstone Investments was notified by the Assistant County Attorney by letter on June 17, 1998 about the County' s- concern over a number of issues regarding this property. They are: - That the blocked culvert on the road accessing the Harris property be unblocked and cleared. Unauthorized alterations to the drainage further up the mountain on the Redstone investment Irc's barn parcel. - The unpermitted access road to the Castle from the carriage house to the lower road - The unpermitted widening of the lower road 000,041 130 Sou GALEN A SMM Asmx, COwuw 81611 -1975 Px E 970.920.5090 Fax 970.9205939 Pnnna an Re Jw Pipe 0. • - Our =cnversaticn wit: Mike Cishimcto, -of .he Sei_ Conserraticn Ser'T'— indicacas LhaL nc clan was ever submitted and _ ac no approval aCr °e Ile_ ^. ?.{i$L .^.ecwee^ - em and -:an :ch scn- There =�r Ye _ nc'_ ae = _aL =_. _s :YCr. was acne w-_L `TC approval ,e=,i_s 'cm ary _on- rc'_ - -na agenc•, and ::-ac _t _emal ns a land '.se e Sect - CP - - -30 -'_0; z cede ame_ndmen= may -e applied ==e =S -30 --one we a-_ 'zas teen _sea as a _e_spau'ra %t and a5 a a number =_ -rears, a:-else -Ises a__ =--So =ese ;ses ijay any case s cula also ae addressed .Cw. a --ow = ne spa .se In aware = aL = e _ast_e -rCll .ave _ j dads __. Wn lease Spa :se, -ep: wi L_ ^, a _CUnLv p planner , 320 -_03G; = °Car' =esc_L't_CR here issues, and __ any ,'!3S re Gently cccurred, LC contact 7:ne _' -1 =af 3L'i1di -Q -. a• .St °pP_eA da'llpe, 3L ',320 -51 _L i, ?a =_ -�? _espCP_d Cays Slav result- in laCa- ac: :i3n Your cooperation __715 mazzer i- -_ be apereclaLed. YOU Have any :uesticns, -'ease call me aL Si: cereiv, i G" Joanna S. Schaffner County Zoning Officer CC: Debbie Quinn, Assistant County Attoraev Stephen Kanipe, Chief 3uilding Inspector Ken Johnson Thomas M. Harris, Esq. Fred Weitz 00Ol042 January 9, 1998 REDSTONE INVESTMENTS, INC P O Box 60221 Grand Junction, CO 81506 NOTICE OF VIOLATION To Whom It Mav Concern, ASPEN - PITK1N CommuNiY DEVELOPMENT DEPAB ENT CERTIFIED YA7L On September 23, 1997, a Correction Notice was issued --o Ken Johnson for word{ Which he performed Wit, in a historic drainaae located on property owned by Redstone T_n. vestment, Inc, approvals or gee nits and which has ad -terse y affected t =e access road to the Redstone_ Cast-_'-_ and adjacenit ^,rc -,erty CWners. The instructions on the Correction Notice, a copy of WG_C__ is enclosed, required tnat a ccmizleted application_ be subm_tt.ed t:7 tare Community Development Department r_o later tian. Cctcber 2 , 1997 to corract the above situation. No application has been received"to date, and Mr. Johnsen does not return_ my calls. As the property owner, Redstone Investments is t:e party r=_sconsible for rectifying this situation. Please contact, Deputy Director of Planning, Lance Clarke, at 920 -5452, no later than January 23, 1998, so he can bet'_= to advise you through the application process. If you have any questions, please call me at 920 -5105. Sincerely, 5,!,naS: Schaffner County Zoning Officer cc: Debbie Quinn, Assistant County Attorney Lance Clarke, Deputy Planning Director Ken Johnson Mr. and Mrs. Harris O� U40 130 SOM GALENA 5TP= - ASPEN, COLOM0 81611 -1975 PHONE 970.920.5090 - Fm 970.920.3439 Pm�ee on Rx.tlM Pager E C C Via Facsimile November 23, 1998 3U3- 6325214 Ms Joanna S. Schaffner County Zoning officer 130 So. Galena St. Aspen, Colorado 81613 -1975 Dear Ms Schaffner 11 -zs-se 4CQ&ADt3e 4Ct0tnn11� =.zap as �taoYae Biira_ R«t�t�aq, vo azgsh" 16:32 I am responding to Yom letter addressed to both Cleveholm Manor Inc., and Redstone Investments Inc. dated (-tuber 23, 199R. My name is Melissa Feher- peiker. I am the Managing partner for Castle Consulting, the firm managing the. RtAstone Castle since May 1998. I am in receipt of your "Notice of Violation ", and wish to respond to one alleged violation. The others do not apply tome. Cleveholm Manor Inc. and Redstone Castle Invesimcitts Inc., are two separate companies which should be considered past owner and aturew owner of the property. The blocked Culvert, alterations to drainage, unpermitted access road to Castle, and unpznnitted widening of lower' Fond are issues which clearly need in he addressed to them. As for the "cod.- amendment (which) may be applied for to allow the spa use in the RS-10 7xme district." is concerned, I am indeed the person to speak m. Ms Schaffner, I have Icti' several messages for you and have received no calls in return. I had wished to speak to yam payonally to avoid as much confusion as possible. This correspondence will have to serve as my response to the Copy of your Ictinr that someone at one of the two Investments groups thought to send me. 1 am deeply concerned that you have been "aware that the Castle has been used as a restaurant and as a motcUhotcI40d9c for a number of years, these uses are also prohibited by the current zcming. These may be non - conforming, but in any case should be also addressed now." and you have chosen to do nothing about this until now. Business licenses and Liquor licenses have all been issued through Pid en County afrIces for going on 12 years. In regards to your scoand to last paragraph. you ask me IQ contact someone regarding any construction work which may have recently occurred, due to the addition of the "Natural Health nay Spa ". No construction has taken place! Three interior doors were hung, anew coat of palm to several walls, bookcases and shelves were added to one room. A luggage room which Page f of 100044 P.01 Les rti] 303- WJ25214 11 -25 -98 GO G, 45 C40 c.siese 4DCMWxA2*A=W t.T Oc 3 T lY ftft 3FtOavvsi,,,%6a $1Y6i, R.a.toao. CO i145$3 16:33 had been used as storage was cleaned out, painted, shelving added. Certainly none of Obese small psoied -9 constitutes new construction. the "Spa" area consists of two re- painted servants rooms and rte former Luggage room, We brought in individuals es cantrac/ed Massage Tlsarapists, Manicurists, and a Cbirotrraetor. No plumbing short of replacing two sinks was done. I had wallpaper put up and the carpets cleaned. Nothing ewer clove to construction work requiring building Permits was done. At no time was the Castle ever closed for business. Your rumor that we had closed for 10 days is false! I closed down our small and insignificant "spa" as soon as I was faxed a copy of your letter. Once again I reiterate that no letter was ever spit 10 me. I have shut down all spa activities per your directive. As for your commreuts that the B&B and restaurant are in violation of the RS -3o zone h3tricl, I am deeply concerned. If it is Pitkin County's intention to put the Redstone Caste out of business, then this is certainly the way to do it. If you are open to any discussion I am Extremely interested. Since my Management team took over the running of the Castle, business has improved 209/6 in 6 months. Interest in this Natiexal Historic Landmark is renewed. AMERICA'S CASTLES, a respected cable television show did an on- location shoot this September. The Show is to air in April 1999. The National Historic Trust called me to thank me for taking over the Caste. Now they have removed it from their "Endangered Lisr'. Having been in the HoteVRestaurant business fur' 15 years it is easy to see that there are only two possible ways to save this National Treasure... 1) Private Home. 2) Boutique Hotol. No one has been interested in this facility as a private home for over 90 years. Tt is my opinion that since more them 20% of the town of Redstone's financial oxistenco is directly related to the Castle being open as a business. Clearly, this shows that os a Boutique Hotel is the Castle's highest and bast use! It is also very clear that the Castle was never seriously treated as a business, attracting real customers until we assumed the management contract. Whatever amcems that the county or neighbors may have regarding the quality of our guests, or orour guests sensitivity to the homes located along dhe River Road leading up to the Caste, theta neighbors have never worked widi a professional Management Company bcf=. It is unfortunate that the Caste has no other access. We are bound by the existing situation. Pape 2 y/3 P.02 UP FAX e G`JL046 303 - 6325219 11 -25-99 0 • 1635 CC 4c" T .T A- t.r.r. 64111 79edla■rt0a4b lmvd_ }34:AxreW3 ae• 4D4 6x4MV2 i Finally I am pleased to note that newspapers and radio ads have czught your attention. It means that my Marketing Dept is doing its job. I am diia rased however lhat this is your response, instead of "welcome to the neighborhood ". The Redstone Castle is a significant employer and economic contnlnhtm to the Valley as a whole. Ms Schaffner, I await your rcaponse. Please focl free to visit the Castle for yourself. Perhaps a personal visit will put your mind at ease. Ms Nina Victor is the General Manager. She can be reached at (970) 963 -3463, 1 am available to speak to you as well. I wort from my home office. (303) 320 -3620 is my number. I will make myself available to you seven days a week. I look forward to a pleasant working relationship with buth you and the County as a whole. Respectful Melissa Fehec Peiker Managing Paktncr Castle Consulting cc: Nina Victor, General Manager Redstone Castle John Powell, Senior Partner, PTBC Amvncys at Law Debbie Quirt, Asst. County Attorney Stephen Kanipe, ChiefRMg, Inspector Jeff Woolsten Robert Wilson Ken Joiwson Thomas M. Harris, F.aq. rred Weitz Page 3 ofJ P.01 170) 945.1004 AX (970) 945 -5948 July 17, 1998 Mr. Bob McCormick 58 Redstone Boulevard Redstone CO 81623 RE: Sawmill Hill Parcels Access Dear Bob: ENGINEERS SG SURVEYORS • M SCNMUESER GOROON MEYER 118 West 6th, Suite 200 Glenwood Springs, CO 81601 ATTACHMENT E This report is to provide a road and traffic impact analysis for the above - referenced project for Pitkin County 1041 Review purposes. Our analysis includes a projection of traffic generation; the impact of the increased vehicle trips on the surrounding roadway network and recommended design standards for the internal roads of the project. Existing Conditions The proposed project is served by Highway 133 and a 300 -foot length of Redstone Boulevard. Access from Redstone Boulevard is by a dirt roadway which passes by the Redstone Inn and currently has a length of approximately 4700 feet to the existing Cleveholm Manor. The existing roadway serves the Cleveholm manor, two year -round residences, and three part time residences. The existing roadway is between the Crystal River and its associated wetlands, and a steep rock face, which approaches vertical in some locations. The existing roadway varies in width from approximately 14 feet to 20 feet, with an average width of approximately 16 feet. Traffic Generations Standards Traffic generation is based on the adopted Pitkin County Standards as stated in the Pitkin County Road Management & Maintenance Plan 1997. The applicable standards are as follows: P. Cleveholm Manor ► Single- family units 000- 047 9.0 VPD (vehicles per day) 9.5 VPD July 17, 1998 Mr. Bob McCormick Page 2 Traffic Generation Analysis Based upon the proposed development plan, the following table indicates the estimated traffic generation from the project: 11 CATEGORY 1 ... NO. OF UNITS GENERATION RATE NO. OF TRIPS VPD Cleveholm Manor 13 9 117 Existing single - family residences 5 9.5 47.5 New single - family residences 6 9.5 57 TOTAL 222 Internal Road System Based upon the above generation rates and the distribution of development within the project, the following roadway standards would apply: ROADWAY SEGMENT :NO. OF,UNITS ESTIMATED ADT: RATE :. COUNTY STANDARD Redstone South Boulevard 24 222 Country Access Sawmill Hill Road 6 47.5 Driveway Access Redstone South Boulevard The dirt road should be upgraded to Pitkin County Country Road Standards. To accomplish this, some minor uphill sluff needs to be removed to gain a 20 -foot platform width for a 16- foot road. Riprap should be placed along a 500 -foot length of the Crystal River to stabilize the road platform. Three new culverts should be installed and three existing culverts cleaned. A 12" inside ditch section is very important to accommodate drainage and stabilize the roadway. Four inches of Class 6 gravel, 16 feet wide will complete this 2800 lineal feet of road to Pitkin County Standards. 000048 SCHMUESER GORDON MEYER, INC. V J. �. July 17, 1998 Mr. Bob McCormick Page 3 Sawmill Hill Road Generally, the dirt road is a 12 -foot platform, with grades between 8% and 12% climbing a northwest facing hillside. Currently, the road has no drainage facilities. Pitkin County allows eight homes to be served by a Driveway Standard road, which this road is. Providing grading, drainage facilities and gravel, should bring the road up to standards. It appears the road should be graded with a 2% cross -slope to a ditch on t he inside edge. Six 8" culverts should be installed at critical points to reduce hillside erosion and protect adjacent building sites from runoff. The road does exceed Pitkin County grade standards in several locations; however, none of these grades are in excess of existing roads in the county. It is our opinion all excess grades are reasonable and necessaryto avoid geologic hazards or unnecessary environmental impacts to the natural environment. Those sections of road in excess of 12% are: Station L Station Lineal Feet Grade Reason 10 +00 12 +65 265 15.88% Slide area onto Redstone S. Blvd. 15 +90 18 +60 270 17.25% Environmental Impact 25+20 31+00 580 14.21% Environmental Impact The Applicant is proposing to realign the road from Sta 5 +00 to Sta 18 +60. This new alignment would be at 12% and will eliminate two areas which exceed the maximum grade requirement. This new alignment generally provides the road with a southern exposure instead of a northern exposure, which will be of great benefit to users in the winter. We hope this provides you the input you require with regards to these two roads. Should you require additional input, please do not hesitate to call. Sincerely, SCHMUESER GORDON MEYER, INC. ?on Thompson Planning Engineer RT:lc /98075A 0000-9 GORDON MEYER. INC 0 4 May, 1998 Redstone Investments, Inc. P.O. Box 60221 Grand Junction, CO 81506 Mr. Ken Johnson 0068 Redstone Blvd. Redstone, CO 81623 VIA CERTIFIED MAIL Re: Violation of Pitkin County Land Use Code Dear Gentlemen: 0 Pitkin County The Notice of Violation issued by the Aspen/Pitkin County Community Development Department on January 9, 1998, has been referred to our office for enforcement. Zoning Officer Joanna Schaffner issued a Correction Notice to Ken Johnson for work he performed within a historic drainage located on the property owned by Redstone Investments, Inc. This work was performed without any approvals or permits in violation of the Pitkin County Land Use Code. This work has also adversely affected the access road to the Redstone Castle and adjacent property owners. Mr. Johnson was advised in the September 23, 1997 Correction Notice to submit a complete application to the Community Development Department. Redstone Investments, Inc. was advised in the January 9, 1998 Notice of Violation to contact Lance Clark to initiate the application process. You have failed to follow through with either of these requests. If you do not contact Lance Clark of the Community Development Department within ten (10) days of receipt of this letter regarding an application and the necessary 000050 Administration 530 E. Main, Suite 301 Aspen, CO 81611 (970) 920 -5200 �PRINTEOOR FAX 920 -5198 \r./ RECYCLED PAPER County Commissioners Suite 301 530 E. Main Street Aspen, CO 81611 (970) 920-5 1 50 County Attorney Suite 302 530 E. Main Street Aspen, CO 81611 (970) 920-5190 Finance and Use Tax 530 E. Main, Suite 201 Aspen, CO 81611 (970) 920 -5220 FAX 920 -5230 El • requirements to restore the historic drainage to its original state, this office will initiate court proceedings to enforce the Pitkin County Land Use Code. Sincerely, % 441e4 Deborah Quinn Assistant County Attorney DQAsc cc: Joanna Schaffner Bud Eylar Lance Clark Ic/d/msc.cor /redstone.inv 000051 u00052 0 0 - A S P N ® P'1 ; X' e � CZ�nsan`S 1 Y' .: f ^moth- cl. -_!l L11� �t4� .. i"?T^. UP. i ?49 iC J,..20i :8 C8!';^2C: "OC,.. ��: So D0 N07 REMOVE 7-11S TAO., CORREC,T;ON N07CE e � CZ�nsan`S 1 Y' .: f ^moth- cl. -_!l L11� �t4� .. i"?T^. UP. i ?49 iC J,..20i :8 C8!';^2C: "OC,.. ��: So D0 N07 REMOVE 7-11S TAO., BEATTIE & CHADWICK ATTORNEYS AND COUNSELORS AT LAW 710 COOPER AVENUE, SUITE 200 GLENWOOD SPRINGS, CO 91601 STEVEN M. 5FATTIE GLENN D. CHADWICK KAREN J. SLOAT CYNTHIA C. TESTER February 23, 2001 John Ely, Esq. Pitkin County Attorney 120 South Galena Street Aspen, CO 81611 Re: Zoning for Redstone Castle Dear John: TELEPHONE (970) 945 -8659 FAX (970) 945-8671 E -MAIL: ctmots @aol.com VIA FAX As you know, I represent Debbie Harte. Member of Tranquil Options. LLC that owns the Redstone Castle properties, among others. Mrs. Harte is also a member of Serenity Options and Peaceful Options, which own the Barn Parcel and Carriage House, respectively. Before Tranquil Options owned the Castle, Jim Burkghardt of Cumberland Redstone Group owned it, and before it, Melissa Feher - Peiker of Castle Consulting, LLC owned the Castle, and, of course, before Castle Consulting, LLC, the Castle was owned by Redstone Investments, LLC with Ken Johnson as Managing Member. Over the past couple of years, the Pitkin County Community Development has raised questions concerning the use of the property and alleged outstanding violations. The questions are primarily centered around the zoning for the Castle Property, which, of course as you know, has been in existence for over 100 years. Obviously, the same uses have not been in existence for over 100 years, but after reviewing this letter I think you will see that the same uses have been in effect for about the last 25 years, with no lapse in those uses for more than any 12 -month period. That is the purpose of this letter. This issue was most recently raised when Harte Entertainment Group, Inc. (through its sole member, Debbie Harte), applied for a liquor license from the County for the Redstone Castle. This issue was before the Board on July 12, 2000 More recently, Tranquil Options (through Mrs Harte) applied for a restaurant license permit and was told by Staff that the former restaurant license permit was issued erroneously and that "Gabe Preston" was very angry over this mishap and would not agree to the issuance of another restaurant license permit John, this just does not make any sense. Let us go back a bit to see why I have made this statement. The zoning of the Castle Property is referenced by the Planning Department in its July 11, 2000 Memorandum to the BOCC, is RS -30. See, Exhibit A attached hereto and incorporated herein by reference. The zoning for the Barn Parcel is AFR -2 and AFR -10. The zoning for the Carriage House is RS -30 and AFR- 10. Resolution 82 -1 -13 was passed and granted special review approval for the Redstone Castle to operate as a seminar /group meeting facility. That Resolution was approved on October 12, 1982, nearly 20 years ago. See, Exhibit B attached hereto and incorporated herein by reference. In the past 20 years, Ken Johnson of Redstone Investments used the Castle for seminars and group OJ CIO 53 F ICltent 4L4RTE\Rec6toneVsttenlEly -1 wpd I 0 BEATTIE & CHADWICK John Ely, Esq. Page 2 February 23, 2001 • meetings. But, we also know without question that over the last 20 years the owners of the Redstone Castle have routinely conducted tours of the Castle to the members of the public both for money and for free, have held countless weddings and events at the Castle, including music festivals, large parties involving the entire community, and smaller more "close- knit" parties for paying guests, holiday events, etc. We also know that the Redstone Castle was operated as an "upscale bed and breakfast" for nearly this entire 20 -year time period without any more than a 12- month lapse in any such operation as an "upscale bed and breakfast." Ken Johnson of Redstone Investments had paying guests spending the night at the Castle and serve them breakfast in the morning and other meals throughout the day, as did Castle Consulting and the Cumberland Redstone Group, and as does Tranquil Options today. Questions arose concerning the zoning in 1998, when Castle Consulting, LLC became involved with the Castle. In October 1998, Castle Consulting was sent a notice of violation and could only respond to one of the purported violations which had to do with Pitkin County asking for a "code amendment" to allow spa use in the RS -30 zone district. See Exhibit C. As Ms. Melissa Feher - Peiker noted to Joanna Schaffner in her November 23, 1998 letter to Ms. Schaffner, attached as Exhibit D. "Ms. Schaffner, I have left several messages for you and received no calls in return. I had wish to speak to you personally to avoid as much confusion as possible. This correspondence will have to serve as my response to the copy of your letter that someone at one of the two investment groups [Redstone Investment with Ken Johnson as Member] thought to send to me. I am deeply concerned that you hm e been "aware that the Castle has been used as a restaurant and as a moteUhotelilodge for a number of years, [sic] these uses are also prohibited by the current zoning. These may be non - conforming, but in ally case should be also addressed nrnv. " ... and you have chosen to do nothing about this until now. Business licenses and liquor licenses have all been issued through Pitkin County offices for going on 12 years In regards to your second to last paragraph, you asked me to contact someone regarding any construction work which may have recently occurred, due to the addition of the "Natural Health Day Spa." (See, attached Natural Health Day Spa advertisement). (See exhibit D) No construction has taken places Three interior doors were hung, a new coat of paint to several walls, bookcases and shelves were added to one room. A luggage room which had been used as storage was cleaned out, painted and shelving added. Certainly none of these small projects constitutes new construction. The "spa" area consists of two repainted servants rooms and the former luggage 5 �O54 room. We brought in individuals as contracted massage therapists, manicurists, and 11 F Clien sgiAR7EUtedstonetl.etten�Elv.I upd 0 w BEATTIE & CHADWICK John Ely, Esq. Page 3 February 23, 2001 a chiropractor. No plumbing short of replacing two sinks was done. I had wallpaper put up and the carpets cleaned. Nothing even close to construction work requiring building permits was done. At no time was the Castle ever closed for business. Your rumor that we had closed for ten days is false! .. As for your comments that the B &B and restaurant are in violation of the RS -30 zone district, I am deeply concerned. If it is Pitkin County's intention to put the Redstone Castle out of business, then this is certainly the way to do it If you are open to any discussion I am Extremely interested Since my management team took over running the Castle, business has improved 20 percent in six months. Interest in this national historic landmark is renewed. America's Castles, a respected cable television show did an on- location shoot this September. The show is to air in April of 1999. The National Historic Trust called me to thank me for taking over the Castle. Now they have removed from their "endangered list." Having been in the hotel/restaurant business for 15 years it is easy to see that there are only two possible ways to save this national treasure . . 1. Private home. 2. Boutique/Hotel. No one has been interested in this facility as a private home for over 90 years. It is my opinion that since more than 20 percent of the Town of Redstone's financial existence is directly related to the Castle being opened as a business Clearly, this show that as a boutique /hotel it is the Castle's highest and best use " (Emphasis added). Then on March 14, 2000, Debbie Quinn sent a letter to Jim Burkhardt of the Cumberland Redstone Group, the then owner of the Redstone Castle See Exhibit E. In this letter, Debbie Quinn confirmed that the current zoning for the Castle Property is RS -30, for the Barn Parcel AFR- 2 and AFR -10, and for the Carriage House, RS -30 and AFR -10. Ms. Quinn also notes. "non- conforming uses are governed by Section 6 -20 of the Land Use Code. With respect to the uses approved in Resolution No 82 -113, such uses are legal non- conforming uses provided that: The use has not been abandoned or discontinued for twelve (12) consecutive months. See, Section 6 -20 -060. Also the approval for the "Redstone Castle" included the Osgood Mansion itself, the Carriage House, and the state [sic] 000055 improvements located on the sixty -five (65) acres. F \Clienm4iARTE\Rc&tone�Leltem Ely -1 wpd • w BEATnE & CHADWICK John Ely, Esq. Page 4 February 23, 2001 The Board of County Commissioners is aware that other uses not within the scope of approval of No. 82 -113 have occurred at the Castle over the years, including tours of the Castle by the general public, various lodge and restaurant activities, as well as the special events which are not within the purview of No. 82 -113. There are no approvals in place for such activities, nor has there ever been an enforcement action initiated by the County in connection with such activities. [Emphasis added] That brings us up to date. Nothing much has changed since Debbie Quinn wrote her letter on May 14, 2000. The Castle is still being used with a liquor license and requires a restaurant license. It is still being used as a motel /hotel /lodge. It is still being used for special events and functions, including tours of the Castle by the general public and various other lodge and restaurant activities. Even though these uses may not be within the purview of Resolution No. 82 -113, the County has turned a blind eye to the Castle operating with such uses and has never once proceeded with an enforcement action to abate or stop these uses over the past 20, or so, years. Under Article 6 of the Pitkin County Code at Section 6 -10 -001, entitled "General" it states: There are uses of land, buildings and strictures within the zone districts established by the Land Use Code, that were lawfully established prior to the adoption Pitkin County Zoning Resolution of 1955, the Pitkin County Land Use Code of 1975, and amendments thereto, which are in violation of the Land Use Code standards. The standards in this Article regulate and limit the continued existence of non- conforming uses and structures. It is the intent of this Article -to permit these non - conformities to continue, but not to allow non- conformities to be enlarged or expanded Next, Section 6 -20, entitled "Non- Conformine Uses" at Provision 010 entitled "Authority to Continue' it states: "Non- conforming uses of land or structures may continue in accordance with the provisions of this Article and this Section." Section 6 -20 -020 permits normal maintenance and repair in order to allow the continuation of non - conforming uses, provided that non - conforming uses shall not be extended except pursuant to the standards in Section 6 -40. Next, pursuant to Section 6 -20 -030, entitled "Extensions ". The prohibition of extensions shall be construed so as to prevent enlargement of a U O LI O 7 6 non - conforming use by additions to the area of the structure in which such non- F `Cl�en sg4ARTE\Rie lonelenem�EW -I wpd • w BEATTIE & CHADWICK John Ely, Esq. Page 5 February 23, 2001 conforming uses are located and the occupancy of additional lands. Under Section 6 -20 -050, entitled "Change of Use ": A non - conforming use shall not be changed to any other use unless the new use conforms to provisions of the Zone District in which is it located and receives necessary development approvals Under Section 6 -20 -060, entitled "Abandonment or Discontinuance" "Where a non - conforming use of land or non - conforming use of structure is discontinued or abandoned for twelve (12) consecutive months, then such use may not be re- established or resumed, and any subsequent use must conform to the provisions of the Land Use Code " In this case, we are all aware that the Castle itself has been in existence for about 100 years. In the early 1900s, up. through the time that Ken Johnson of Redstone Investments bought the Castle in about 1975, I believe it was operated more or less as a private home earlier on, then as a motel, hotel/lodge before Redstone Investments bought it (although there may have been other uses of which I am not aware other than a private home preceding Redstone Investments' purchase of the Castle in 1975 that involved the motel /hotel /lodge function —I will have to ask Mr Johnson). For our purposes now, however, from 1975 forward the Redstone Castle has been used as a moteYbotel/lodge and continues on with that use today. I recognize that Section 6 -10 -001 grandfathers in all uses of land, buildings and structures within zone districts that were "[awfully established" prior to the adoption of the Pitkin County Zoning Resolution of 1955 and the Pitkin County Land Use Code of 1975. The uses in place today, however, were lawfully established prior to the adoption of both the Pitkin County Zoning Resolution of 1955 and the Pitkin County Land Use Code of 1975, both by review of those documents and by the fact that Pitkin County has allowed these uses to continue for decades without ever once, as Debbie Quinn calls it, bringing a "enforcement action" in connection with such activities. I would like to try to make this as simple as possible and avoid any extra difficulties for either the County or for my client. While Jim Burkhardt of the Cumberland Redstone Group sought to try to get along and submitted a development application for the uses the Cumberland Redstone Group contemplated, my client has done the same when it filed the Request for Special Use Review to legalize special, existing, historical uses of the facilities (on September 28, 2000). My client paid $2,380 at that time in order to attempt to work with Pitkin County and put this issue to rest. But frankly, it really should not have been Jim Burkhardt of Cumberland Redstone's obligation, Melissa Feher - Peiker of Castle Consultants, or Tranquil Options obligation to have to come to the County to put this issue to rest. When you look at it, the County has for decades allowed the uses of the Redstone Castle to continue without ever objecting to such uses. Now, the County is placing the onus and burden on the present owner to "fix" the zoning, after 20 years of 000057 F` ClimtglARTE\Redstone U.ettm\Ely -Iwpd BEATTIE & CHADWICK John Ely, Esq. Page 6 February 23, 2001 allowing these uses to continue to exist. The County further seems to be trying to get my client to fit a "square peg into a round hole." What zoning as of today would be appropriate for the Castle? If the County does not find any zoning category acceptable, does the Castle have to continue to come back to the County hoping that it will get a special use permits, hoping it will be allowed to continue with public tours, wedding and family reunions, business conferences, special events, including wine tasting, murder mystery weekends, jazz and poetry events, vehicle shows, arts and crafts show, concerts, and to operate its restaurant? That seems very unfair and is just not right. Instead, of making Tranquil Options proceed through hearing after hearing when its only goal is to operate the Castle as it has in the past (except to market it more as a business meeting facility, instead of a bed and breakfast), perhaps the County can make the process a little simpler in light of the fact that Tranquil Options is trying to work with the County to basically clear up these zoning questions. Therefore, we are asking your help to facilitate finding that "round peg for the round hole," and not trying to force something upon the Castle which just will not work. As Tranquil Options indicated in its Request for Approval for a special Use permit filed in September, 2000 (that it only filed, again, in an attempt to be good neighbors with Pitkin County), it would like the BOCC to entertain thoughts of creating a permanent zone district for these types of establishments. In the Redstone Master Plan of 1982, adopted by the BOCC, apparently there is a proposed zone district entitled "Lodging Preservation." Tranquil Options feels the Castle and several other historical lodges would fit nicely under this zoning designation. Trying to operate the Redstone Castle on the grand scale that it deserves it not easy, especially with special review permission only. This, of course, begs the question that the Castle's uses today are legal uses in any event, and that no special zone district needs to be created, and Tranquil Options does not need to take any further action when it comes to zoning. Tranquil Options has a very strong position when it comes to this argument, given the past uses of the Castle and the County's lack of action in this regard. I think you are certainly well aware of the laws regarding waiver and estoppel and the rights of landowners to rely upon County action, or lack thereof, as they proceed with uses of their land. There have been a couple of recent cases handed down by the Colorado Supreme Court that address this issue and are quite favorable to my client's position I would be happy to provide them to you if you would like. In sum, Tranquil Options believes that its existing uses are legal uses and have been grand fathered in under Section 6 -20 of the Pitkin County Land Use Code. There has been no change in use nor any lapse in use of the property for any 12 -month period Liquor licenses have been issued, restaurant licenses have been issued, and the County has not raised any questions or concerns other than brief letters scattered about here and there over the past couple of years with no follow -up action. iu00O58 Rather then wrangle though; let's work together. We now have a thoughtful owner of the F tCli cm\HARTEUR Zd tone\.zttcm�EF -1 wpl • ! BEATTIE & CHADWICK John Ely, Esq. Page 7 February 23, 2001 Redstone Castle who is committed to making the Castle work. This owner is also committed to the Redstone community and doing everything that it can to help ensure that the Castle and the community work together for the benefit of both. This is a blessing, and a great burden and weight has been lifted off the Redstone business community by the infusion of this new positive energy into the Redstone Castle facility. Let us too do our best to work together and Pitkin County can designate the appropriate zoning for the Castle in light of the existing uses in a manner that it deems appropriate. Please let me know that you think. I am looking forward to hearing from you. CCT:Iln Enclosures cc: Debbie Hart, w /enc. 000059 F \ClienL UiARTEU2edst.e\Lettem Elv -I xpd Very truly yours, BEATTIE $i CHADWICK (- / D�N -(^ IJ�—L CynthiC Tester 00006 c t a A M O .r x c q f � a ... �^. n F m ^ m o Ln a m e f d a C on p' a rt Z P�+ V a e r s C x ° s p R ? - e'h ct �n r cr rl� co 0 chi CO o j Cn T o ,A f -M 0 W OM o mac° °3c� = "<B i. o 7 '� a s m Ls1 s m a r f q- < 00 a '}J � q n `< m f.. cr y�y f ti- V i Win; "s'1, 2� - A - 0 March 14, 2000 James T. Burghardt, Esq 1225 Seventeenth Street 29t" Floor Denver, CO 80202 -5529 Re: Redstone Castle Dear Mr. Burgltardt: • RECEIVED PiffiWdOunty Thank you for the copy of the 1982 Certificate of Occupancy for the Redstone Castle. After receiving that document, we were able to find a 1982 Resolution of the Pitkin County Board of County Commissioners granting Special Review Approval for the Redstone Castle, which has been recorded at Book 434, Page 37 of the real estate records in Pitkin County. I am enclosing a copy of that approval for you. The current zoning for the Castle property is RS -30, the Barn Parcel is AFR -2 and AFR -10 and the Carriage House is RS -30 and AFR -10. Non - conforming uses are governed by Sectit,n 6 -20 of the Land Use Code. With respect to the uses approved in Resolution No. 82 -113, SUL.it uses are legal non - conforming uses provided that the use has not been abandoned or discontinued for twelve (12) consecutive months, see Section 6 -20 -060. Also, the approval for the "Redstone Castle" included the Osgood mansion itself, the carriage house, and the state improvements located on sixty five (65) acres. The Board of County Commissioners is aware that other uses not within the scope of the approval of 82 -113 have occurred at the Castle over the years, including tours of the Castle by the general public, various lodge and restaurant activities, as well as the special events which are within the purview of Resolution No. 82 -113. There are no approvals in place for such activities, nor has there ever been an enforcement action initiated by the County in connection with such activities. 66061 Administration 530 E. Main, Suite 301 Aspen, CO 8 161 1 (970) 920 -5200 ®PRinrED OR FAX 920 -5198 RECYCLED PAPER County Commissioners Suite 301 530 E. Main Street Aspen, CO 81611 (970) 920 -5150 County Attorney Suite 302 530 E. Main Street Aspen, CO 81611 (970) 920 -5190 Finance and Use Tax 530 E. Main, Suite 201 Aspen, CO 8161 1 (970) 920 -5220 FAX 920 -5230 • 0 James T. Burghardt, Esq. March 14, 2000 Page 2 Please feel free to call if we can be of further assistance. S'ncere'y' ry �/I De orah Quinn Assistant County Attorney DQ /vvn Enclosures cc: Joanna Schaffner Lance Clarke c: \home \vmk,\dcbbt6misc cor %urghardlim,i c 000062 s 0 July 20", 2000 B.O.C.C. Pitkin County Aspen, CO 81612 To Whom it May Concern: 0 Following is our six-month outlook for the Redstone Castle, which includes our proposed uses and plans. At this time our long -term outlook has not been decided. We wanted to start with the items we've listed below and decide "after our experiences" what we think would work best for the castle, our personal lifestyle, and the community. With the problems the last three owners have had, we felt this would be the wisest way to approach a very delicate situation. r The following are immediate plans: Tours Weddings Business Conferences Family Reunions Special Evens The following might be phased in through the winter months or in the spring of 2001: Restaurant (Reservation Only) The following are only ideas for the long -term outlook and still being weighed for feasibility: Exclusive Bed & Breakfast Sincerely, Leon & Debbie -rte r 000063 .%A/ 9j !' j /': /4..?G - ,Ja< 9j/ �<'.: 91: ?.�• Z00'd dtbIZO 00 /bZ /40 asn-iy uoiiepunoj anuasaa ayy PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY • �' ° t V� PROJECT: Redstone Castle Special Review LOCATION: South of the Town of Redstone APPLICANT: Leon and Debbie Hart PLANNER: Tamara Pregl DATE: August 17, 2000 Type of Application: Special Review PHONE/FAX: 704-1455/704-1394 PHONE: 920 -5103 Description of Project(Development: The applicant is requesting Special Review approval for the following uses: 1. Public Tours • Weddings/Family Reunions • Business Conference Facility • Special Events • Exclusive Restaurant (limited days and times) Areas in which the Applicant has been requested to respond, types of reports requested: Land Use Code Sections to be addressed in letter of request (application): Section 3 -110, Improvements & Services Section 3 -210, Special Review Staff will refer the application to the following agencies: County Attorney, Zoning, Environmental Health Department, Redstone HPC, Carbondale & Rural Fire Protection District, Crystal River Caucus, Historic Preservation Officer, Redstone Water and Sanitation District, and County Engineer. Review by: P &Z and BOCC. Public Hearing? Yes, at BOCC. A public notice sign shall be posted on the property at least 15 days prior to the hearing pursuant to Section 4 -90 of the Land Use Code. The Applicant shall mail notices to all adjacent property owners at least 30 days prior to the hearing with the return address of the Community Development Department (a copy of notice shall be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing. The Applicant shall submit a copy of the adjacent property owners with the complete applications. What fee is the applicant requested to submit: Total Deposit: $2,380 Planning Office (deposit) $2,220 (additional Ins are billed at a rate of $185 /hr); Clerk ($ 160) Referral Fees: Fees for the County Engineer & Environmental Health Department will be billed on the final bill at a rate of $65/hour. Please submit: A list of adjacent property owners and 2 copies of the `Agreement To Pay' form do not include with each packet copy). Number of copies of the application and maps to be submitted: 24 For a complete application, please include the following in each packet: • Summary letter explaining the request and addressing all Land Use Code standards listed above. Address historic drainage violation. • Consent from owner(s) to process application and authorizing the representative (if applicable). • Parcel description, including legal description and vicinity map. • Proof of ownership (from a title company or attorney licensed in the State of Colorado). • Proof of legal access. • 11" X 17" site plan delineating parking, access, etc. • Copy of this pre-app form. • Copy of previous approvals. NOTE: This preapplication conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staffs interpretations based upon representations of the applicant. Additional information may be required upon complete review of the application. 000064 0 STATE DEPARTMENT OF STATE CERTIFICATE b• [] I, DONETTA DAVIDSON, SECRETARY OF STATE OF THE STATE OF COLORADO HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE TRANQUIL OPTIONS, L.L.C. (COLORADO LIMITED LIABILITY COMPANY) FILE # 20001069274 WAS FILED IN THIS OFFICE ON April 05, 2000 AND HAS COMPLIED WITH THE APPLICABLE PROVISIONS OF THE LAWS OF THE STATE OF COLORADO AND ON THIS DATE IS IN GOOD STANDING AND AUTHORIZED AND COMPETENT TO TRANSACT BUSINESS OR TO CONDUCT ITS AFFAIRS WITHIN THIS STATE. Dated: April 05, 2000 s WINOTRS Or MMTING or NHS or TRANQUIL OPTIONS, L.L.C. A meeting of the members of the above named Colorado Limited Company (LLC) was held July 28, 2000 at 10:00 A.M. at 58 Redstone Boulevard, Redstone, Colorado, 81623, The members present at the meeting were: Leon Harte, Debbie Hare, and Norm Schmidt being all the members of the Company. Leon Harte was acted as chairperson and Debbie Harte acted as Secretary of the meeting. The Chairman called the meeting to order and announced that all of the members were present. The Chairman then announced that the meeting was called for the following purposes: 1. To accept the resignation of Norm Schmidt as a member. Mr. Schmmdt has indicated to the other members that he has other pressing business interests which preclude him from continuing in this venture. Upon Motion Made and unanimously carried it was: Resolved that the Company accept the resignation of Norm Schmidt. 2. To change the registered agent and principal address of the company to 58 Redstone Boulevard, Redstone, Colorado 81623 and to change the registered agent to Leon Harte. Upon Motion Made and unanimously carried it was: Resolved that registered principal address of the company be changed to 58 Redstone, Boulevard, Restone, Colorado, �)16i.+?3 and that Leon Harte be named the new Registered Agent. G66J66 ��I of a The Reserve Fou,ldar Ion Tr i W8212880 te:29 338 147 ea/evas 04� aa1 KISIC LAW OFFICE 3. To authorize the members to arrange for a basking connection in the area of the Redstone Castle for the purposes of a business checking account and for the Company to arrange for necessary financing from same Bank. upon Motion Made and unanimously carried it was: Resolved that the Members, Debbie and /or Leon Harte be and hereby are autborized to enter into s banking relationship for deposits and to apply for and receive loans from said bank in the amounts and under the terms and conditions that they deem most beneficial to the Company. There being no further business, the meeting was adjourned on motion duly made and carried. DATE 7� a�' Ot7 0061067 secretary SEAL OF LLC PAGE 82 f. aof;� o° H O z m 9 C O C A n A 000069 n O 3 3 m N d a N n' ti. O N O (D m K F" OQ [r h co h N r F+ H• h (D P. h O W 0 ca C CLa a N N O O U( OD w CD a m h 19 O m d M N C � a a W � a r ul O x 0 < 7 m 2 n O 0 O' CL < N n H (D O H P. x z h (D O N (D h O CD tt H C c CD m V) h N 9 CD h U) �a h O C7 ym r x 0 h (D r W CL d 3 z O z a r o S � y a x m � - � ,4 m x y. p r � O `° D o M y S ct YI � � T y � � o A o (0 mz� oo� n rt O C � H DQ �1> March 14, 2000 James T. Burghardt, Esq. 1225 Seventeenth Street 29th Floor Denver, CO 80202 -5529 Re: Redstone Castle Dear Mr. Burghardt: Pitkin Count, RECEIVED MAR 1 4 2000 A%Wa!v: -ii IN OOMMUNiTY CEVE:OPMENT Thank you for the copy of the 1982 Certificate of Occupancy for the Redstone Castle. Alter receiving that document, we were able to find a 1982 Resolution of the Pitkin County Board of County Commissioncis granting Special Review Approval for the Redstone Castle, which has been recorded at Book 434, Page 37 of the real estate records in Pitkin County. I am enclosing a copy of that approval for you. The current zoning for the Castle property is RS -30, the Bam Parcel is AFR -2 and AFR -10 and the Carriage House is RS -30 and AFR -10. Non - conforming uses are governed by Section 6 -20 of the Land Use Code. With respect to the uses approved in Resolution No. 82 -113, such uses are legal non - conforming uses provided that the use has not been abandoned or discontinued for twelve (12) consecutive months, see Section 6 -20 -060. Also, the approval for the "Redstone Castle" included the Osgood mansion itself, the carriage house, and the state improvements located on sixty five (65) acres. The Board of County Commissioners is aware that other uses not within the scope of the approval of 82 -113 have occurred at the Castle over.the years, including tours of the Castle by the general public, various lodge and restaurant activities, as well as the special events which are within the purview of Resolution No. 82 -113. There are no approvals in place for such activitics, nor has there ever been an enforcement action initiated by the County in connection with such activities. C'37 0 Administration County Commissioners County Attorney Finance and Use "rax 530 E. Main, Suite 301 Suite 301 Suite 302 530 E. Main, Suite 201 Aspen, CO 81611 530 E. Main Street S30 E. Main Street Aspen, CO 81611 (970) 920.5200 Aspen, CO 81611 Aspen, CO 81611 (970) 920.5220 FAX 920.5198 (970) 920.5150 (970) 920.5190 - FAX 920.5230 ®pri"Ma„ nrcnxrunu¢n • raYYGeI % 35. 60 Ac.* Act C'S S Ole u..aK� 0 pavcai (o 39.0'7 c* CDe.Laocl� )Pavice i .4 38.24 Ac.z � f road us 6OOu��� L :� / 3o wee voo� eosemewi(cenier� � 3�i.0iA�. +_ g1I �. /�kyl ,ire\ nn w / See Boob, 3as P es 238 -2'-l0 N�_ke: r4u recce =S' and be., e. =�k� nl parcef� Ine ✓eo+c xCej�k Pa cep 7 wkc�k �s c�c ces se� f.-o F re I+��.se Ruad. OWNERSHIP CERTIFICATION: parcel 3 �; IR�ver [orn�or PgrL \ 35-- A4eAc.± Recstone Investment Co- Inc.. by officer belne, hereby ceMies that a was the owner of the mere parcel shown hereon anb It marle the 35+ acre CWveyencee Shq hereon. Deteb: , Iy REDSTONE INVESTMENT CO., INC. By. Presibem ATTEST: 20!57OV12 Ca.j4/e parcel S 39.10.4 f (Croqu.e.� �Bav+- povice� N2.oN,(c± 5eraw ��Ezo, ki-C ; Q 'NYkr_. Ttscs accez5 <ase er{ bere{i�cMi �><•j.. BavK Porcel�Pavcr is 1 -�� -- I -6 �� � W i<Ve root{ enserKeNi�U0.� �� MKS Q Garvi,�agge. 3Cowse }4wcel 3S6�i 3 t'eaceLN_i OrHo..s 444 ba-.ef. *4 tint VNOKOtr pit NN du 1 PiArCG� S �; 2\ ✓� 5 ']1.91 A.c.! 7ra..,$ut) ©pal -teas 49c �. id/}Ai,yYK Jilt' Q.ro3 Co�eYOCo Ci - io.�e f33 C) Clpwlr .rnllyover m The �+wa noveea n the ohs of me F%. County Pay, 1w n Pit Bode m ykY- * s co_ e: + "z zoo GQaE�e 9pcis6'A'e AfrMCOfMYCIAT-WANDRECOROER T to S., 7R. as W. pc4kG� CoA+t , CcleYOdo B ACCESS EBSNWBNT (CLEV88OLN MANOR. PARCCEM,, TO EEDS1'ONS w1u„sV�, A 30 foot wide access ellikment situated in the NWl /4 SSi /4 in the ES /2 SWi/4 of Section 20, Township 10 South, Range 88 st of l thet6on each side ofrthes no, llowiag dCes ryibed centerlines lying 15 Corner the Southwest Corner o£ said Section 0 bears the 8 °3334• W 2278.67 feet; thence N 15 0121470 W 25.64 feet; thence N 19 015'220 W 53.09 feet; thence N 12 0281469 W 39.19 feet; thence N 09 0561200 W.106-16 feet; ,n CCCCJJJJ thence N 07 0051310 W 25.92 feet; thence N 13 0311540 E 26.10 feet; thence N 36 017.410 E 50.08 feet; thence N 26 0351380 E 50.35 feet; thence N 150211480 E 35.29 feet; thence N 1O 6131110 E 80.34 feet; thence N 05 0411340 W 92.25 feet; thence N 03037115• W 63.37 feet; __.thence_N- 21038148" E_162.46 feet; -- - thence N 310341370 E 106.30 feet; ' thence N 39 0111438 E 34.57 feet; . thence-N 290591380 E 64.06 feet;. thence N 210191550 E 83.26 feet; thence.N.250421190 E 81.91 feet; thence N-190101300 E 72.17 feet; thence N 01 9031520 W 231.13 feet; thence 117.84 feet along the arc of a curve to the right, having a radius of 112.29 feet, the chord of which bears N 29 °001040 E 112.51'feet; and continuing on the existing 30 foot wide access ...easement previously recorded as described to wits Beginning f m i tone ound in place and properly marked for a the Witness Point to the Southwest Corner of said section 2O - bears. S 52 053'190 W 3224.57 feet; thence along said centerline, N 59 0041010 E 187.16 feet; thence 136.84 feet along the arc of a curve to the left, having a radius of 263.57 feet, the chord of which bears N 44 011'350 E 135.31 feet; thence N 29 019'10• E 372.52 feet; thence 139.58 feat along the arc of a curve to the right, having a radius of 740.33 feet, the chord of which bears: N 34 00431150 E 139.38 feet; thence N 40 0071200 E 183.61 feet; thence 191.24 feet along the arc of a curve to the left, having a radius of 264.95 feet, the chord of which bears: N 19 0260419 8 167.12 feet; thence N 01 013'590 W 135.97 feet; thence 290.76 feet along the arc of a curve to the left, having a f -he hord of which bears: N 18 035.490 W radius of 479.72 eet, e 286.33 feet; thence N 35 0571370 W 183.53 feet; thence 291.64 feet along the are of a curve to the right, having the radius of 505.69 feet, the chord of which bears: N 19 026.23• W 287.61 feet; 0 ' • N 203 00 feet; thence N 02 55 00 thence 149.57 feet along the arc of a curve to the left, having a radius of 809.76 feet, the chord of which bears: N 080121300 W 149.36 feet; thence N 13 0301000 W 8.07 feet, more or less, to a point on the Southerly right -of -way line of the Redstone Road. 000072 I �-) '', • ADJACENT PROPERTY OWNERS NORTH AND EAST: Peaceful Options LLC WEST (PLOT I) William Argeros WEST (PLOT II) CRV Properties SOUTH Jan J Kieler 000073 0 _. Ii• Cl � r Um SEPTEMBER 28TH, 2000 REQUEST: SPECIAL USE REVIEW TO LEGALIZE SPECIAL, EXISTING, HISTORICAL USES OF THE FACILITIES. CONTACT: LEON AND DEBBIE HARTE TRANQUIL OPTIONS, LLC 58 REDSTONE BLVD. REDSTONE, CO 81623 (970) 7041455 (970) 704^ 1394 FAX 000.074 0 t f� nn • �� O0V 0 p �- -L5-- 34 I • 0 INTRODUCTION In accordance with Section 3 -110 and 3 -210 of the Pitkin Land Use Code, the owners of the Redstone Castle property are making application to legalize existing uses, which were previously approved in 1982. Further special review approval is sought for additional uses that have historically happened at the Redstone Castle, but not formally approved. The property is known as 58 Redstone Blvd., located approximately I mile south of the paved portion of Redstone Blvd. Sr � 1 � L C CAI i �a r,�' II1 Iaf o I) /p v 000076 o/' Pee-/ "/s %J' 5avt%. 6'5t;'nJea 1 o4 Z2z, ;.S ->- �f��. t�jy Property Description Eli PROPERTY: This'property is located I mile south of the paved portion of Redstone Blvd. On the East Side of the Crystal River and State Highway 133. The property consists of 71.97 acres + / -, formerly known as Cleveholm Manor. The structures are shown on the Attached site map. ZONING: RS -30 ACCESS: There is an existing driveway onto the property from the paved Portion of Redstone Blvd. SEWAGE Existing Septic System WATER: Redstone Water and Sanitation District OWNERS: Tranquil Options, LLC REPRESENTATIVES: Leon and Debbie Harte (970) 704 -1455 fax (970) 704 -1394 aouoO l BACKGROUND This property has had a long and involved history of land uses and approvals. In 1982 this property was issued a Certificate of Occupancy from Aspen/Pitkin Regional Building Department, for the following: Assembly/Hotel, limited to 30 Overnight Guests. The proposed zoning of the property adopted as part of the latest Redstone Master Plan, which was approved by the BOCC of Pitkin County, designates it's potential uses as Lodge Preservation. Currently, according to the county planning personnel, no type of zoning designations exists within Pitkin County to accommodate a hotel type operation. Hence the additional re- application for special use by review. The re- application was asked for by the BOCC of Pitkin County to clarify uses under the old agreement and to further answer questions about uses under consideration. As we are all aware the Castle property has been operated as an upscale Bed & Breakfast, including restaurant and bar facilities. Both of the required Licenses have been obtained through Pitkin County into the new operator's names. All tax permits are also in place to operate the Castle property. We can document the ongoing uses of the facility through all periods in question since the 1982 Certificate of Occupancy was issued. OOL 8 r. • 0 CURRENT IMPROVEMENTS The Redstone Castle is the main building on the grounds and was completed in 1902. Structurally the building has remained significantly the same as when it was built. See attached site plan. Structure 92 is a Historic Pump House that is no longer in use. Built the same time as the castle. Structure #3 is a Historic Garden shed that is currently still being used. This also was , built at the same time as the castle. Structure #4 is a Historic Gazebo, also built the same time as the castle. 000079 • i Project Description PUBLIC TOURS: Our daily tours have historically been from 10 up to 100 people. We anticipate the forthcoming year to exceed these numbers quite frequently. The only inherent problem associated with the tours is believed to be traffic congestion. This can be easily \} qvercome by busing tourists from leased parking area behind the coke ovens, if need be. I ��' V V1W An agreement has been reached for use of the coke oven parking area The bus we have o. mentioned is currently owned by us and fully licensed and insured., ,.oe -I #_- .�s U VICIA WEDDINGS/FAMILY REUNIONS: v, rr 7 y Historically, weddings have been done at the Castle for as long as history can P4f I� document. It is our intent to continue this tradition in grand fashion. We anticipate �eV�a 1� weddings to be held in sizes mp t400 perms The castle itself cannot support this large J� . �i of a crowd. To alleviate over taxing of the fixed facility's, any event over 150 people will 50/' be accommodated with the use of upscale temporary tents. Restroom facilities will be temporarily located for public use, thus alleviating any over use of our private septic rr- system. Once again the leased parking and the bus will be used to reduce traffic and parking problems. BUSINESS CONFERENCES: Instead of using the facility as a full Hotel/Bed & Breakfast we intend on filling our weeks with 3 -5 day business meetings. We feel this will alleviate some of the inherent staffing and parking problems with longer -term commitments. Also much of the traffic will be eliminated, due to the high percentage of business people that fly to meetings. 0 Obviously business people require restaurant, lounge, and lodging facilities.' We will limit Pr9� our over -night stays to the current bedrooms. The current bedroom layout allows for 34 adults. SPECIAL EVENTS: Events currently being proposed include Wine Tasting, Murder Mystery )can oo, �T Weekends, Jazz and Poetry Events, Vehicle Shows, and Arts and Craft Type shows. 1 #4 ^ These events can normally be accommodated in the Castle. If an event is larger than be handled within the castle, upscale tents, and portable restroom facilities will be provided. Once again if the event exceeds 150 people, the bus and auxiliary parking be used. OUG080 0 CONCERTS AND THE CASTLE: �,Aj5r- !� We are currently under negotiation with a promoter for a series of open -air concerts. These concerts will be extremely well policed and supervised. These concerts will be limited to 1000 people. The music will not be heavy rock or offensive rap type music. Concerts on the front lawn have been a tradition on the front yard since the early 1900's. Matter of fact this is why the gazebo was built in 1902. We believe these types of family events will bring praise and dignity back to the castle. The target market will be the affluent listener, as the number of tickets will be limited. Traffic will be totally bys�d in for__ an�ni likethis. This helps maintain order and we can bus people from as far away as Aspen. Hence lowering the impact on local parking and noise. RESTAURANT: The restaurant license is obviously required for almost every event contemplated. Our intent is to limit the use of our kitchen facilities to our own events. However we would like to have the ability to open our eating establishment to the general public by reservation only, when there are no other events planned. Our restaurant license was approved and issued on July 27 "', 2000 by Pitkin County Department of Health, and the State of Colorado. The castle has had a continuous restaurant license for quite some time. THE QUEEN'S PUB: The pub will never be open to the general public, accept on days of scheduled events. It is not our intent to operate as an open lounge, but rather only as a support facility to our events and restaurant endeavors. 0-OU081 ) .� V�q J� REQUESTS FOR APPROVAL Special Review Introduction: This property is zoned RS30and currently prohibits it's use as a lodge, restaurant, or bar. This facility has historically been used as a Bed and Breakfast with fully licensed restaurant and bar. It is our request to extend these uses under special review, as were previously agreed to by the BOSS in 1982. Virtually nothing has changed, except some of the grandiose plans of previous interim owners. It is our long -range goal to operate as it has in the past, except to market it more as a business meeting facility instead of a Bed and Breakfast. Our intentions are to restore the whole structure to its original glory. As you are probably aware the original Gold Leaf ceilings and wallpapers are very expensive to restore. In this special review process we want it clearly understood that we would keep the castle open to the public as much as possible. Obviously the only way to do this is with a commercially viable operation. We would additionally like to request that the BOCC of Pitkin formerly entertain thoughts of creating permanent zoning for these types of establishments. In the Redstone Master Plan of 1982, adopted by BOCC of Pitkin County, there exists a proposed zoning heading of Lodging Preservation. We feel the Castle and several other Historical Lodges would fit nicely under this type of zoning. Trying to operate a facility on this grand of a scale is not the easiest, with Special Review permission only. As an interested party we would like to offer our help and resources to create a permanent zoning solution along with the BOCC and County staff. See Special Review Statements (Sec 3 -210) APPLICABLE MASTER PLAN: The Master Plan that applies to this property as adopted by the BOCC of Pitkin County is the Redstone Master Plan of 1982. Within this Master Plan, this property is under Lodging Preservation, which is exactly the intended use of this Historic Fs GOU082 COUNTY LAND USE POLICIES: The Castle property has been operated continuously under the Certificate of Occupancy issued in 1982. Our sole objective is to clarify and expand upon the previous permit and finalize the required Special Review Process. All concerned parties, including the BOCC of Pitkin County, know all of the aforementioned uses of the facility have been ongoing for 18 years or more. INTENT OF THE ZONE DISTRICTS: The original zoning by Pitkin County was issued as RS30. No suitable zoning designation exists for the historical use of this facility. Hence, our two options are to create an acceptable zoning or go through the special Review Process. CHARACTER OF THE IMMEDIATE VICINITY: We believe there will be very little or no impact on the surrounding area. There is no proposed development and the uses currently proposed have been ongoing for years. LOCATION, SITE, DESIGN: There is no proposal to change any part of the existing structure. PUBLIC FACILITIES: Facilities have only been upgraded cosmetically since the Certificate of Occupancy dated in 1982. Many of the public services have been upgraded since the Certificate of Occupancy was issued. The road is in the best shape now, and than anytime in the last 27 years. The Redstone Water and Sanitation District have dramatically improved our fire hydrant and water supply system. DISRUPTION OF PUBLIC HEALTH OR INJURY TO ADJOINING PROPERTY: No circumstances exist that can adversely effect public health or any adjoining properties. 000033 U 0 IMPROVEMENTS & SERVICES STATEMENT (Section 3 -110) LOGICAL EXTENSION OF UTILITIES: Not applicable. ,WATER DISTRIBUTION: Redstone Water and Sanitation District SEWAGE TREATMENT & COLLECTION: One modern septic system for the Kitchen. Existing septic system and leach field for facilities and guest rooms. All recently pumped and serviced. PUBLIC UTILITIES: Electricity — Holy Cross Energy Gas — Propane, 3 tank system, equal draw ROADS: There is a 30'easement in place from the paved portion of Redstone Blvd. to the castle property. It is maintained weekly. A neighbor stated. "The road is in the best condition he has seen it, in the 27 years he has lived here. PARKING: There has always been a limited amount of parking at the Castle. We have dealt with this problem by leasing additional parking behind the "coke ovens" on the Hwy 133. We then bus people up to the Castle, using a 32 passenger bus that we call the "Castle Cruiser ". This procedure alleviates parking problems and eliminates some of the road maintenance and hazard concerns. TRAILS: No public trails on this property. LIGHTING: All lighting on this property is pre - existing. 000034 HISTORIC DRAINAGE VIOLATION This problem occurred because Ken Johnson put an 18" inlet pipe on the uphill side of the 48" culvert. Obviously this caused the inlet side to plug and then caused the water to flow over the roads. We removed the 18" pipe and now have a clear 48" culvert that has completely handled the most recent heavy rains. We also landscaped the entry of the ,culvert with rocks and railroad ties to alleviate the washout problems. The neighbors are very pleased with the work. 000,085 • Exhibit: EXHIBIT LIST 1) Current Liquor License 2) Past Liquor License 3) Current Restaurant License 4) Current Sales Tax License (Tranquil Options LLC) 5) Current Sales Tax License (Harte Entertainment) 6) Proof of Ownership wllegal Description 7) Pre - application form 8) Certificate of Formation 9) Minutes of LLC 10) Master Plan Drawing 11) Certificate of Occupancy, 1982 12) Recent discussion of Certificate of Occupancy 13) Site Map 14) Proof of Legal Access 000086 • ij•kI,I+ i THIS LICENSE MUST BE POSTED IN PUBLIC VIEW OR 9402 (02199) STATE OF COLORADO a DEPARTMENT OF REVENUE Liquor Enforcement Division 1375 Sherman Street Denver, Colorado 80261 HARTE ENTERTAINMENT GROUP INC QUEEN'S PUB THE 58 REDSTONE BLVD REDSTONE CO 816239498 _! I ALCOHOL BEVERAGE LICENSE Liability Information Account Number LICENSE EXPIRES AT MIDNIGHT County City Indust. Type Liability Date 40- 37173 -0000 57 008 005813 C 080100 JUL 31, 2001 Type Name and Description of License Fee 2010 TAVERN LIQUOR LICENSE — $ 50.00 MALT, VINOUS, AND SPIRITUOUS 2190 COUNTY 85 PERCENT OAP FEE $ 425.00 TOTAL FEE(SI $ 475.00 This license is Issued subject to the laws of the State of Colorado and especially under the provision of Title 12. Articles 46 or 47. CRS 1973, as amended. This license is nontransferable and shall be conspicuously posted in the place above described. This license Is only valid through the expiration date shown above. Questions concerning this license should be addressed to the Department of Revenue. Liquor Enforcement Division, 1375 Sherman Street, Denver, CO 80261. In testimony whereof. I have hereunto set my hand AUG 0 2 2000 KA Division Director Executive Director 000087 THIS LICENS•MUST BE POSTED IN ''c h-t b .-r oz PUBLIC VIEW OR "02 11018 31 STATE OF COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division 1375 Sherman Street Denver, Colorado 80261 CLEVEHOLM MANOR INC REDSTONE CASTLE 0058 REDSTONE BLVD REDSTONE CO 81623 -9498 ALCOHOLIC BEVERAGE LICENSE- _ _ Liability Information Account Number LICENSE EXPIRES AT MIDNIGHT County City Indust. Type Liability Date 03- 77995 -0000 .57 .206 5813 C 030998 MAR 08, 2000 Type Name and Description of License Fee 2010 TAVERN LIQUOR LICENSE - $ 50.00 MALT, VINOUS, AND SPIRITUOUS 2190 COUNTY 85 PERCENT OAP FEE $ 425.00 TOTAL FEE(S) $ 475.00 This license is issued subject to the laws of the State of Colorado and especially under the provision of Title 12. Articles 46 or 47, CRS 1973,1 as amended. This license Is nontransferable and shall be conspicuously posted in the place above described This license is only valid through the expiration date shown aboye.,Questions concerning this license should be addressed to the Department of Revenue, Liquor Enforcement Division, 1375 Sherman Street Denver, CO 80261. testimony whereof, I have hereunto ;et my hand: M.M.K. ca t.t4. G MAR 3 0 1999 Division Director Executrve Dire for 000088 OR 0010103/961 STATE OF COLORADO DEPAR&NT OF PUBLIC HEALTH AND'ENVIRO NT. ,= LICENSE TO OPERATE A FOOD SERVICE ESTABLISHMENT_` $ 110.00 THIS LICENSE MUST BE POSTED AT THE FOLLOWING LOCATION: USE ACCOUNT NUMBER i" � LIABILITY INFORMATION �'_ _ -- '.°:`ISSUE'OATE>;'_ %` ' LICENSE VALID � 1aT0 for all references -• •• L•w .a��::da;r - _ ::: °` .DECEMBER 31 19 METHOD i 40- 37172 -0000 57 008 B 050.100 JUL--27-00- . x;2.000 1luluul�JluuIJu111IJm1u�IJululn�l�l�u�l�ui1� TRANQUIL OPTIONS LLC 58 REDSTONE BLVD REDSTONE CO 81623 -9498 58 REDSTONE BLVD REDSTONE CO V DETACH HERE V This certifies that licenseeshown hereon is authorized and licensedto engage in business in accordance!: - With': the provisions,of the law and regulations of the Colorado department of Public Health and Environment. Any alterations made on�this= license will automatically make it null and void. -POST IN A CO_ NSPICUOUS PLACE cy • ! �,�� f --- 777777 ���..���„/ // OR 146510]/901 COLORADO DEPARTMENT OF REVENUE Computation Worksheet for Sales Tax Deduction for Gas BUSINESS TAX SECTION - SALES and /or Electricity Use in Food Service Establishments 1375 SHERMAN ST DENVER CO 80261 Either method 1 or 2 maybe used if sales of processed food exceed 25 %of your total business sales. Sales Tax Account No. Method 2 must be used if sales of processed food does not exceed 25% of your total business sales. Year 19 METHOD i METHOD 2 1. Monthly cost of gas and electricity used for restaurant operation 1. Total sales for year (do not include room sales for minus sales tax: hotels, motels, etc.) 2. Processed food sales for immediate consumption January May September made during the calendar year minus liquor sales: February June October 3. Amount on line 2 X.005 = March July November Deduction from taxable sales to be entered on reverse side of Sales Tax Return (DR 100), line 7. April August December 2. Total cost of gas& electricity usedfor year: TYPEOFRETURN DUE ATTACH THIS Monthly February 3. Amount on line 2 x.55 = Quarterly April SAOLES TAX Deduction from taxable sales to be entered on reverse side of Sales Seasonal Submit with season's last return RETURN (OR 100) Tax Return (OR 100), line 7. 000089 Must collect STATE. CON TY MASS • taxes for. COLORADO PITKIN TRANSIT ' SALES TAX LICENSE IIS LICENSE USE ACCOUNT NUMBER . For all references - _ LIABILITY INFORMATION ISSUE DATE LICENSE VALID I. TO DE C EMBER 31 I .. � .. ............ _„•,. „ .. i 40= 371727 0000, 157008 B 04OYOO�JUN 02 "00 2001 MUST BE POSTED AT THE FOLLOWING LOCATION. 58:REDSTONE BLVD REDSTONE'CO IIr�LrrrIIILrrlrLdl�L1rL�IIJrIrrlrrldJdlNdl = "` ' T.VANQUIL OPTIONS LLC 58 REDSTONE.BLVD REDSTONE CO 81623 -9498 000090 THIS LICENSE IS NOT TRANSFERABLE T Executive Director Department of Revenue f Must col r. lect taxes fo- 'El [^O ry1l��OOII STATE PUNTY MASS COLORADO PITKIN TRANSIT SALES 'TAX.. LICENSE 9S LICENSE MUST BE POSTED AT THE FOLLOWING LOCATION. 58' _ REDSTONE BLVD REDS:TONE. CO ILr1, 1111Id1, 11rLIlllLLil .J1111d11LJl,1:LIltI,Il1J4 = ' =:;�; : _ = HARTE ENTERTAINMENT GROUP- :INC::_..::.; 58 REDSTONE BLVD REDSTONE CO 81623 -9498 10 USE ACCOUNT NUMBER for -all references LIABILITY INFORMATION ISSUE DATE LICENSE VALID DECEMBER 31 40- 37173 OOO57008.'. C 040100IJUN 02. 00 2001 j 000091 I ntJ Lll !ZlvoC 10 rvv 1 TRANSFERABLE' Executive Director Department of Revenue fy- lam.%:'( .i CERTIFICATION ENTITY TRANSFEROR Escrow No. 406397 Date: 05/15/00 To: Sheldon Good & Company.,;ynd TRANQUIL OPTIONS, L.L.C., a Colorado limited liability company; PEACEFUL OPTIONS, L..L.C., a Colorado limited liability company;and SERENITY OPTIONS, L.L.C., a Colorado limited1hability company Section 1445 of the Internal Revenue Code provides that transferee (buyer) of a U. S. real property interest must withhold tax if the transferor (seller) is a foreign person. To inform the transferee (buyer) that withholding of tax is not required upon the disposition of a U. S. real property interest by CUMBERLAND REDSTONE PARTNERS 111, LLC, a Colorado limited liability company, the undersigned hereby certifies the following on behalf of CUMBERLAND REDSTONE PARTNERS III, LLC, a Colorado limited liability company I. CUMBERLAND REDSTONE PARTNERS III, LLC, a Colorado limited liability company is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); 2. CUMBERLAND REDSTONE PARTNERS Ili, LLC, a Colorado limited liability company's U. S. taxpayer identifying number is: 91- 1994640 3. CUMBERLAND REDSTONE PARTNERS III, LLC, a Colorado limited liability company's address is: 1225 17th Street, 29th Floor, Denver, CO 80202 4. Address or description of subject property is: REDSTONE CASTLE PARCELS, TOWN OF REDSTONE, COUNTY OF PITKIN, STATE OF COLORADO, as more particularly described on Exhibit "A" attached hereto and forming a part hereof. also known as: 58 Redstone Blvd, Redstone, CO 81623 CUMBERLAND REDSTONE PARTNERS III, LLC, a Colorado limited liability company understands this certification may be disclosed to the Internal Revenue Service by transferee and that any false statement contained herein could be punished by fine, imprisonment or both. Under penalties of perjury, I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct, and complete. I further declare that I have authority to sign this document on behalf of CUMBERLAND REDSTONE PARTNERS III, LLC, a Colorado limited liability company. CUMBERLAND REDSTONE PARTNERS III, LLC, a Colorado limited liability company By: CRP, LLC, a Colorado limited liability company, Manager 000092 M T. Burghardt, Ati4htirized Signing Member I or 3' EXHIBIT "A" LEGAL DESCRIPTION PARCEL C: (Barn Parcel) A tract of land situated in the E1 /2 SW1 /4 and in the W1 /2 SE1 /4 of ,Section 20, Township 10 South, Range 88 West of the 6th Principal Meridian, Pitkin County, Colorado, and being more particularly described as follows: Beginning at a point whence a stone found in place for the Witness Corner to the Southwest Corner of said Section 20 bears S 75 015153" W 2164.01 feet; thence S 79 °09136" E 128.71 feet; thence N 28 033126" E 105.14 feet; thence N 12 030'11" E 54.24 feet; thence N 23 °34'12" E 119.92 feet to a point in the centerline of a roadway as built and in place; thence along the centerline of said roadway on the following courses: N 03 °37'15" W 37.69 feet; thence N 21 °38'48" E 162.46 feet; thence N 31 °34'37" E 106.30 feet; thence N 39 011'43" E 34.57 feet; thence N 29 059'38" E 64.06 feet; thence N 21 °19'55" E 83.26 feet; thence N 25 °42'19" E 81.91 feet; thence N. 19 °10'30" E 72.17 feet; thence N 01 050'31" W 48.86 feet; thence N 02 018'19" E 88.67 feet; thence leaving said roadway centerline 63 015120" E for 143.03 feet; thence S 85 007'15" E 181.11 feet; thence N 63 025'04" E 156.14 feet; thence S 65 010'01" E 887.76 feet; f t on a course bearing S thence South 1348.24 ee • thence N 59 048'31" W 1161.86 feet to a road intersection as built; thence S 85 001'19" W 667.80 feet; thence S 72 149'03" W 80.00 feet; thence N 17 °10'57" W 267.15 feet; thence N 72 049'03" E 80.00 feet to the point of beginning. TOGETHER WITH PARCEL D: ACCESS EASEMENT (CLEVEHOLM MANOR PARCEL TO REDSTONE BOULEVARD) A 30 foot wide access easement situated in the NW1 /4 SE1 /4 and in the E1 /2 SW1 /4 of Section 20, Township 10 South, Range 88 West of the 6th Principal Meridian, Pitkin County, Colorado, and lying 15 feet on each side of the following described centerline: Beginning h Corner to the Southwest Corner of said Section 20 bears S78"33'134H W 2278.67 feet; thence N 15 012'47" W 25.64 feet; thence N 19 915'22" W 53.09 feet; thence N 12 028'46" W 39.19 feet; thence N 09 056'28" W 106.16 feet; thence N 07 005'31" W 25.92 feet; thence N 13 031'54" E 26.10 feet; thence N 36 017'41" E 50.08 feet; thence N 26 035'38" E 50.35 feet; thence N 15 021'48" E 35.29 feet; thence N 10013'11" E 80.34 feet; O_ uu093 thence N 05-41134" W 92.25 feet; N 03 037115" W 63.37 feet; thence N 21 038'48" E 162.46 feet; ' a P 0 4P thence N 31 °34'37" E 106.30 feet; thence N 39 °11'43" E 34.57 feet; iI thence N 29 059'38" E 64.06 feet; thence N 21 019'55" E 83.26 feet; thence.N 25 °42'19" E 81.91 feet; thence N 19 °10130" E 72.17 feet; thence N 01 003'52" W 231.13 feet; thence 117.84 feet along the arc of a curve to the right, having a radius of 112.29 feet, the chord of which bears N 29 000104" E 112.51 feet; and continuing on the existing 30 foot wide access easement previously recorded as described to wit: Beginning at a point in the NW1 /4 SE1 /4 of said Section 20 whence a stone found in place and properly marked for the Witness Point to the Southwest Corner of said Section 20 bears: S 52 053119" W 3224.57 feet; thence along said centerline, N 59 004101" E 187.16 feet; thence 136.84 feet along the arc of a curve to the left, having a radius of 263.57 feet, the chord of which bears N 44 011'35" E 135.31 feet; thence N 29 019'10" E 372.52 feet; thence 139.58 feet along the arc of a curve to the right, having a radius of 740.33 feet, the chord of which bears: N 34 0043'15" E 139.38 feet; thence N 40 007'20" E 183.61 feet; thence 191.24 feet along the arc of a curve to the left, having a radius of 264.95 feet, the chord of which bears: N 19 026141" E 187.12 feet; thence N 01 013'59" W 135.97 feet; thence 290.76 feet along the arc of a curve to the left, having a radius of 479.72 feet, the chord of which bears: N 18 035149" W 286.33 feet; thence N 35 057137" W 183.53 feet; thence 291.64 feet along the arc of a curve to the right, having the radius of 505.69 feet, the chord of which bears: N 19 026'23" W 287.61 feet; thence N 02 055'00" W 203.00 feet; thence 149.57 feet along the arc of a curve to the left, having a radius of 809.76 feet, the chord of which bears: N 08 012.30" W 149.36 feet; thence N 13 °30'00" W 8.07 feet, more or less, to a point on the Southerly right -of -way line of the Redstone Road. '', 000094 cf H. r F 9110f 434 31 ' RESOLUTION OF THE tl PI TKIN COUNTY BOARD OF COMMISSIONERS GRANTING SPECIAL REVIEW APPROVAL FOR TIIE REDSTONE CASTLE TO OPERATE AS A SEMINAR /GROUP MEETING FACILITY q t �I Resolution No. 82 - 118 .0. nl : 't - WHEREAS, Redstone Investment Co., a Colorado Corporation, is the owner of f the real property upon which is situated the Osgood Mansion (commonly known as the Redstone Castle), more specifically described in A[tachnient "A ", and WHEREAS, the Redstone Investment Co. wishes to operate the property as a t nr group meeting facility, and WHEREAS, Section 5 -405.1 of the Pitkin County Land Use Code sets the Osgood Mansion property out as a Historic Resource Area for review of any development •I J or activity, and AA' W11CREAS, Section 5 -405.2 requires that "areas contuininq an historic or F ' archaeotogfcal site shall be administered in a manner that will allow man to function in harmony rather than be destructive to the resource and in a manner •, t that will minimize damage to those= resources"for future use ", and k WHEREAS, the Colorado Historical Soci a ty �sopports the proposed use of the Castle in the manner of this application, and a WHEREAS, the retreat concept has historically been a use of the property, and WHEREAS. all employees generated by the use can and will be housed on the t premises in existinq structures, and i WHEREAS, the Property is listed on Uu+ National Reg ester of I {1 stm0e Places and the County recognizes it as a unique structure and site which is representative of a period and unique activity in the history of Pitkin County. �!' I NOW, THEREFORE: BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that Special Review approval is hereby granted for use of the }I Osgood Mansion as o Seminar /Group Meettnq Facility -mder the following conditions: ), 1. Any change in use or present interior configuration of the Carrlaqe House must be approved by the Redstone UPC and the Colorado Historical } Society. 2. The seven changes listed in the Environmental Health Department's memo ") C of Auqust 10, 1982 be made where necessary. (See Attachment "B i� ). Any new construction that may develop be rn.viewed by the Colorado Historical Society. It 4. Recreational facilities may be restored to their original condition and use. Any expansion of these uses would require another Special I •• Review action. 1 0U095 r It AO f E, ti i YI 1. ( t I C t it I l . i t 6 1 0 3n>x434 ,,, 35 5. The facility will not be open to the general public. Approved by the Board of County Commissioners of Pltkin County, Colorado at their regular meeting held October 12, 1982. Lewis— Sean, Deputy County L erk APPROVED AS TO FORM: 000096 ght, Cq ntyttorney .2. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO /By e n a rv+�T oma 1 I'lj 10 "0 o 77 n, w .w, C7 B w m w w c m a? m 0, � ap.• m �' � tco c m' to 7_ � p rt � 7 � R � �" 0.. t'm 7� � C n owB^'�°��� C)� o< w n cv o °^ n y'o >�'< .2'b p n a w o^ <. rt c a E c xo c a° rt cn n '� n fl- n 'b a �• .0 a �' p a. G n m 0 w c E o o''O 0. ° n ' �w" �o ° tW p wn a f'� r^w 0.to ° °n.'o r<D ' _ ' O o..o'° c aRy OZ a.m m Erro O o< m w rn �' y °», o �• rt h a to , w n to n to m a o ^ ° n t<D taD m v OR fD n as n a 0.. b 2 o w ^p a w °° 0 w 7 a' p B C m ny n o m a m o a a ap j w n n /= A �. m o Y ana • w x? x a O a n o O > ° wo n aav pn" w rBo a n a �. p x a n= E B. B w o_ o • w C °° N tl0 O ^ 0 T roO C� 7 n °� ° O' O � T c to as n m 0.p w o-'o ^o w o' m n °,on B o w m E a 7 �^ o a n a w p< p c a n a a n c° a < ° o c 7 a C-p o '3 c,,,"„ •<_ p m n 0 O G b R B O B 0. po n d ' "� < '� �, 'C a 0. O -i B^ a n < n Z I � n B^ ° a �^ a � �° B no a a E yB N w° B B two ^y c- n• pa'- o n a Bas C, c n °.. °,.°, n m a a te. O •, T rt m C) n ^O_. R I to O � m m � O G a `aJ � n- v, a•' � m w N F3 n m t<D ^ v^n, '°" 7 a a On w (� 'D rt G° 'O �. O a•' C E b �' n .p .. �.. B '_ w ° � '°p � o �' a' -< � c w e pr • � a rt � n � t� w � �, p 5 c f D .°< o �' t°°o c w ° R N^ a y a a e �° ~ ry • •e ^ J • pot a f W Q w t 'ao n�w. O � O w.. noo O a ^ er a a' B n O FD x E o ^ w a E w a°a rt B X° w cr �a c ao a° ^-�w R m N a" o^ w B �¢ N o� o a o w w FrS: 2� b "0 n w -rt., p £< a �crn'xnB°� 'r ' " N °nom ° m � x o- 0 °7 n oa f <rt Eno° X cr j D 0 fn) rt C O O n W n '< O 10 O G .F O � V 'n 0 N O O O Q 0 'r, O 0. d ? O'•.< 0. O 0_ a n 'n 0 O tD ^ n O rt' n a n 'O (n ^ 0..O n ^_ t C, n_ 0. aCC' w t^o ?; o y �; v B E w w w C). ^'ti. o F- 0 N o m o c a C°.° to -° p cn° > < 0 0y ' o p ' n 0. 0 o R n o , 17 0 a n rn ;; o p D G1 O F w m 0 0 ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920 -5090 FAX (970) 920 -5439 MEMORANDUM TO: Attorney Zoning Env. Health — hourly Engineer — hourly Redstone HPC Carbondale Fire Crystal River Caucus. HPC Officer Redstone Water FROM: Tamara Pregl, Community Development RE: Redstone Castle Special Use Review to legalize Special Existing Historical Uses of the Facilities 2729 - 291 -00 -002 P151 -00 DATE: November 4, 2000 Attached for your review and comments are materials for an application by Leon & Debbie Harte. This application will be reviewed by the Pitkin County Planning & Zoning Commision on February�6,2001. 1 Please return your comments to me by January 6, 2001. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. 00 0098 0 0 ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of Pitkin County Development Application Fees PITKIN COUNTY (hereinafter COUNTY) and C&jJl (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for sDRL —I D -Z-62P-11 rev:. —,✓, (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinances No. 98 -7 and 99 -37 establish a fee structure for Planning applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the frill extent of the costs involved in processing the application. APPLICANT and - COUNTY further agree that it is in the interest of the parties for APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. COUNTY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT's application. 4. COUNTY and APPLICANT further agree-that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 000099 0 9 5. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ ? 3 S0 -which is for hours of staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to COUNTY to reimburse the COUNTY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY APPLICANT Cindy Houben Community Development Director g Asuppo rt \forms\agrpaypt.d oc 05/05/00 U00i0O e-a � 1Y�r- M-' p r Print e 'Uns�A�7 Signature Date: Mailing Address: elvo/ CtUNITY DEVELOPMENT DEPARTI #T 130 South Galena Street Aspen, Colorado 81611 (970) 920 - 5090 Pitkin County Land Use: 172 Board of Adjustment _ 159 County Land Use Code 173 Deposito&,�7U. 1/'✓� 174 Flat Fee 162 Zoning and Sign 169 Public Notice 160 Planning Enforcement Referral Fees: RB115 Access Permit LUCO1 County Clerk 193 County Engineer _ 194 Environmental Health 198 Housing 190 Land Management 196 Wildlife Officer Building Fees: 170 Board of Appeals 135 Building Code Sales 105 Building Permit 100 Contractor License 120 Electrical Permit 195 Energy Code Review 115 Mechanical Permit 150 Plan Check 110 Plumbing Permit 130 Reinspeetion 151 Aspen Sanitation 152 AVFD Fire Marshal Other Fees: 155 Use Tax 165 Copy Performance Deposit 185 Park Dedication 186 Parking Cash in Lieu 166 GIS Maps �,C� rr'� IS CIS Requirements (W I ii l0 1 RB116 Road Impact Fees B 1202 Road Impact Fee TOTAL l; NAME. f rVihalft, I ADDRESS/ PROJECT: CHECK# CASE /PEpRMIT #: F'' 151-()o #OF COPIES:__ _ DATE: INITIAL: _