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Home My WebLink Aboutpitkin.planning.299905000000, 299906100002 (2014)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) RECEPTION#: 613839, 09/25/2014 at 01:13:28 PM, 1 OF 2, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING AN AMENDMENT TO THE EMPLOYEE HOUSING MITIGATION REQUIREMENTS FOR THE ASHCROFT SKI TOURING AREA SKI-REC MASTER PLAN WITH REGARD TO THE THREE-BEDROOM UNIT ADJACENT TO THE PINE CREEK COOKHOUSE Resolution No.�-2014 RECITALS 1. John Wilcox, hereafter "Applicant", as owner of Ashcroft Ski Touring, Inc., has applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") to amend the SKI-REC Master Plan approval granted pursuant to BOCC Resolution Nos. 052-2001, with regard to employee housing mitigation. The Applicant is requesting to pay the applicable housing impact fee for three FTEs, rather than construct a three-bedroom unit adjacent to the Pine Creek Cookhouse on U.S. Forest Service lands. 2. The Ashcroft Ski Touring Area is located in the Aspen Ranger District of the White River National Forest, in Sections 31, 32, 5, 6, 7 and 8, Townships I 1 and 12 South, Range 84 West of the 6th PM. 3. Ashcroft Ski Touring, Inc. is permitted by the U.S. Forest Service to operate the Ashcroft Ski Touring Area. The Ski Touring Area is comprised of approximately 736 acres with 18.5 miles of nordic trails, and is zoned SKI-REC. The Montezuma Mill Site is a privately owned parcel located to the south of the Pine Creek Cookhouse, which is also zoned SKI-REC. 4. The BOCC approved the Ashcroft Ski Touring Ski Area AF -SKI (now SKI-REC) Master Plan pursuant to BOCC Resolution No. 052-2001. The employee housing mitigation provisions of Resolution No. 052-2001 were amended pursuant to Resolution No. 111-2003, Administrative Decision No. 111-2005, Resolution No. 082-2006, Resolution No. 027-2007, Resolution No. 056- 2007, Resolution No. 037-2008, Resolution No. 143-2008, Resolution No. 99-2009, Resolution No. 119-2011 and Administrative Decision No. 82-2013. 5. The Master Plan requires the Applicant to mitigate for 16.4 full-time equivalent employees (FTEs). The Applicant previously committed to comply by providing two one - bedroom units on the Montezuma Mill Site (built), two one -bedroom units adjacent to the King Cabin (not built) and one three-bedroom residence behind the Cookhouse (not built), which combined mitigate for 10 FTEs; payment of an employee housing impact fee of $53,393.75 to mitigate for 6.25 FTEs (paid); and a housing payment -in -lieu of $29,378.10 to mitigate for 0.15 FTEs (paid). 6. As required by BOCC Resolution Nos. 99-2009 and 119-2011, the Applicant executed a Covenant and an Amended Covenant Concerning Sale of Property Prior to Completion of Employee Housing Units as Required by Ashcroft Ski Touring Area SKI-REC Master Plan, which Covenant is recorded as Reception Nos. 582565 and 586982 in the records of the Pitkin County Clerk. 7. The BOCC approved amendments to the Master Plan for Ashcroft Ski Touring including seven cross country ski huts on the Montezuma Mill Site, pursuant to Resolution No. 120-2011. Resolution No. _-20/4 Page 2 8. The BOCC heard this application at regular meetings on August 27 and September 10, 2014, at which times evidence and testimony were presented with respect to the application. 9. The BOCC finds that it is appropriate to amend the employee housing mitigation requirements to eliminate the three-bedroom unit that was to be built adjacent to the Pine Creek Cookhouse and pay the applicable housing impact fee, since the USFS does not support construction of the unit on USFS lands. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it hereby amends Resolution No. 052-2001, as amended, to eliminate the requirement to construct a three-bedroom employee housing unit adjacent to the Pine Creek Cookhouse, and to pay the applicable housing impact fee for three FTEs to Pitkin County by April 30, 2015. Approval is subject to the following conditions, which shall run with the land and be binding on all successors in interest: n The Applicant shall adhere to all representations made in the application and in public meetings and hearings. Failure to comply with the April 30, 2015 deadline shall result in revocation of the approvals and permits for the Pine Creek Cookhouse and prevent operation of the Cookhouse in the summer of 2015 until all conditions are met. APPROVED on the 10" day of September, 2014. Clerk to AS TO CONTENT: ro 1 /✓�lC t>/{VL C-4 Cindy Houben Community Development Director PID #2999-05 P068-14 BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO By �C.r.�i-A 'r o�— Robert A. Ittner, Jr., Chairman APPROVED AS TO FORM: John Ely Coun ey F RECEPTION#: 613838, 09/25/2014 at 01:12:00 PM, 1 OF 2, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING AN AMENDMENT TO THE EMPLOYEE HOUSING MITIGATION REQUIREMENTS FOR THE ASHCROFT SKI TOURING AREA SKI-REC MASTER PLAN WITH REGARD TO CONSTRUCTION OF TWO ONE -BEDROOM EMPLOYEE HOUSING UNITS ADJACENT TO THE KING CABIN Resolution Nodi -2014 RECITALS I. John Wilcox, hereafter "Applicant", as owner of Ashcroft Ski Touring, Inc., has applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") to amend the SKI-REC Master Plan approval granted pursuant to BOCC Resolution Nos. 052-2001, with regard to employee housing mitigation. The Applicant is requesting to extend the deadline for construction of the two one -bedroom employee housing units adjacent to the King Cabin from December 31, 2014 to December 31, 2015. 2. The Ashcroft Ski Touring Area is located in the Aspen Ranger District of the White River National Forest, in Sections 31, 32, 5, 6, 7 and 8, Townships 1 I and 12 South, Range 84 West of the 6th P.M. 3. Ashcroft Ski Touring, Inc. is permitted by the U.S. Forest Service to operate the Ashcroft Ski Touring Area. The Ski Touring Area is comprised of approximately 736 acres with 18.5 miles of nordic trails, and is zoned SKI-REC. The Montezuma Mill Site is a privately owned parcel located to the south of the Pine Creek Cookhouse, which is also zoned SKI-REC. 4. The BOCC approved the Ashcroft Ski Touring Ski Area AF -SKI (now SKI-REC) Master Plan pursuant to BOCC Resolution No. 052-2001. The employee housing mitigation provisions of Resolution No. 052-2001 were amended pursuant to Resolution No. 111-2003, Administrative Decision No, 111-2005, Resolution No. 082-2006, Resolution No. 027-2007, Resolution No. 056- 2007, Resolution No. 037-2008, Resolution No. 143-2008, Resolution No. 99-2009, Resolution No. 119-2011 and Administrative Decision No. 82-2013. 5. The Master Plan requires the Applicant to mitigate for 16.4 full-time equivalent employees (FTEs). The Applicant previously committed to comply by providing two one - bedroom units on the Montezuma Mill Site (built), two one -bedroom units adjacent to the King Cabin (not built) and one three-bedroom residence behind the Cookhouse (not built), which combined mitigate for 10 FTEs; payment of an employee housing impact fee of $53,393.75 to mitigate for 6.25 FTEs (paid); and a housing payment -in -lieu of $29,378.10 to mitigate for 0.15 FTEs (paid). 6. As required by BOCC Resolution Nos. 99-2009 and 119-2011, the Applicant executed a Covenant and an Amended Covenant Concerning Sale of Property Prior to Completion of Employee Housing Units as Required by Ashcroft Ski Touring Area SKI-REC Master Plan, which Covenant is recorded as Reception Nos. 582565 and 586982 in the records of the Pitkin County Clerk. 7. The BOCC approved amendments to the Master Plan for Ashcroft Ski Touring including seven cross country ski huts on the Montezuma Mill Site, pursuant to Resolution No. 120-2011. Resolution No. _-2014 Page 2 8. The Applicant submitted building permit applications for the two units on April 30, 2014. The building permits have not been issued pending demonstration of a legal water supply for the units. The Applicant is working with the USFS and the State to obtain a well permit, but the permit will not be issued in time to proceed with construction this year. 9. The BOCC heard this application at a regular meeting on August 27, 2014, at which time evidence and testimony was presented with respect to the application. 10. The BOCC finds that it is appropriate to extend the deadline to provide additional time for completion of the two employee housing units. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it hereby amends Resolution No. 052-2001, as amended, to extend the deadline for construction of the two one - bedroom employee housing units located adjacent to the King Cabin to December 31, 2015, by which date the units shall be constructed, deed restricted and have obtained Certificates of Occupancy. Approval is subject to the following conditions, which shall run with the land and be binding on all successors in interest: I. The Applicant shall adhere to all representations made in the application and in public meetings and hearings. 2. Failure to comply with the December 31, 2015 deadline shall result in revocation of the approvals and permits for the Pine Creek Cookhouse and prevent operation of the Cookhouse in the winter of 2015-16 until all conditions are met. APPROVED on the 10th day of September, 2014. Jones, ClergQ o the BOCC AS TO CONTENT: C d AAu Community Development Director PID N2999-05 P068-14 BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO By —0-4/j Robert A. Ittner, Jr., Chairman APPROVED AS TO FORM: John Ely Co rney MEMORANDUM TO: Board of County Commissioners Regular Meeting — December 20, 2017 THRU: Cindy Houben, Community Development Director FROM: Suzanne Wolff, Assistant Director RE: Ashcroft Ski Touring Area/Pine Creek Cookhouse — Employee Housing Amendment SUMMARY: The Applicant is requesting to extend the deadline for construction of the two one - bedroom employee housing units located adjacent to the Arrival Center (formerly the King Cabin) to September 1, 2018, by which date the units shall be constructed, deed restricted and have obtained Certificates of Occupancy. APPLICANT: John Wilcox M:YTo CTe4 21101 11 The BOCC approved the Ashcroft Ski Touring Ski Area AF -SKI (now SKI-REC) Master Plan pursuant to BOCC Resolution No. 052-2001. The employee housing mitigation provisions of Resolution No. 052-2001 were amended pursuant to Resolution No. 111-2003, Administrative Decision No. 111-2005, Resolution No. 082-2006, Resolution No. 027-2007, Resolution No. 056-2007, Resolution No. 037-2008, Resolution No. 143-2008, Resolution No. 99-2009, Resolution No. 119-2011, Administrative Decision No. 82-2013, Resolution No. 095-2014, Resolution No. 096-2014, Resolution No. 077-2015, and Resolution No. 148- 2016. A summary of the employee housing mitigation provisions as originally approved in 2001, and then amended in 2011 and 2014, is provided below. 2001 MASTER PLAN FTEs 3 BR Housing Unit Cookhouse not built 3.0 2 1 -BR Housing Units King Cabin not built 3.5 2 1 -BR Housing Units Montezuma Mill Site (built) 3.5 AH Impact Fees Paid - $82,771.85 6.4 TOTAL Employee Housing Mitigation 2001 Master Plan 16.4 — 10 on-site; 6.4 fee 2011 MASTER PLAN AMENDMENT 3 BR Housing Unit Cookhouse not built 3.0 2 1 -BR Housing Units King Cabin not built 3.5 Employee Housing Off -Site to replace two on-site one -bedroom units (when existing employee units are converted to huts 3.5 Employee Housing via Impact Fee to mitigate for Montezuma Mill Site huts when built 2.34 AH Impact Fees Paid - $82,771.85 6.4 TOTAL Employee Housing Mitigation 18.74 — 6.5 on-site; 8.74 fee; 3.5 off-site 2014 MASTER PLAN AMENDMENT 2 1 -BR Housing Units King Cabin not built 3.5 Employee Housing Off -Site to replace two on-site one -bedroom units when existing employee units are converted to huts 3.5 Employee Housing via Impact Fee to mitigate for seven huts (when built 2.34 AH Impact Fees Paid — • $82,771.85 • $126,170 (in lieu of 3 -BR Unit Cookhouse) 6.4 3.0 TOTAL Employee Housing Mitigation 18.74 — 3.5 on-site; 11.74 fee; 3.5 off-site The Applicant is in compliance with the housing mitigation that is required for the current level of development, with the exception of the two one -bedroom units, which have not been built. DEADLINE FOR CONSTRUCTION OF HOUSING UNITS: The Applicant is currently required to complete construction of the two one -bedroom units adjacent to the King Cabin by December 31, 2017. The Applicant originally submitted building permit applications for the two one -bedroom units to Pitkin County in 2014. The permits were finally approved by the County on March 22, 2017, after the Applicant obtained a well permit from the State. The USFS finally approved the units on July 5, 2017. The permits were issued by the County on August 4, 2017. Work has commenced and the foundations were completed and inspected in November. The Applicant is requesting an extension for completion of the units to September 1, 2018. RECOMMENDATION: Staff recommends that the BOCC grant an extension of the construction deadline for the two units on USFS land to September 1, 2018. Attachments: A. 12/4/17 email from John Wilcox to Suzanne Wolff 2 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING AN AMENDMENT TO THE EMPLOYEE HOUSING MITIGATION REQUIREMENTS FOR THE ASHCROFT SKI TOURING AREA SKI-REC MASTER PLAN WITH REGARD TO CONSTRUCTION OF TWO ONE -BEDROOM EMPLOYEE HOUSING UNITS ADJACENT TO THE KING CABIN Resolution No. -2017 RECITALS 1. Pursuant to Section 2.8.4 (Actions) of the Pitkin County Home Rule Charter ("HRC"), all matters not required to be acted upon by ordinance or formal resolution may be acted upon by informal resolution. 2. John Wilcox, hereafter "Applicant", as owner of Ashcroft Ski Touring, Inc., has applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") to amend the SKI-REC Master Plan approval granted pursuant to BOCC Resolution Nos. 052-2001, with regard to employee housing mitigation. The Applicant is requesting to extend the deadline for construction of the two one -bedroom employee housing units adjacent to the Arrival Center from December 31, 2017 to September 1, 2018 in order to complete the construction that has commenced. 3. The Ashcroft Ski Touring Area is located in the Aspen Ranger District of the White River National Forest, in Sections 31, 32, 5, 6, 7 and 8, Townships 11 and 12 South, Range 84 West of the 6th P.M. 4. Ashcroft Ski Touring, Inc. is permitted by the U.S. Forest Service to operate the Ashcroft Ski Touring Area. The Ski Touring Area is comprised of approximately 736 acres with 18.5 miles of nordic trails, and is zoned SKI-REC. The Montezuma Mill Site is a privately owned parcel located to the south of the Pine Creek Cookhouse, which is also zoned SKI-REC. 5. The BOCC approved the Ashcroft Ski Touring Ski Area AF -SKI (now SKI-REC) Master Plan pursuant to BOCC Resolution No. 052-2001. The employee housing mitigation provisions of Resolution No. 052-2001 were amended pursuant to Resolution No. 111-2003, Administrative Decision No. 111-2005, Resolution No. 082-2006, Resolution No. 027-2007, Resolution No. 056- 2007, Resolution No. 037-2008, Resolution No. 143-2008, Resolution No. 99-2009, Resolution No. 119-2011, Administrative Decision No. 82-2013, Resolution No. 095-2014, Resolution No. 096- 2014, Resolution No. 077-2015 and Resolution No. 148-2016. 6. The Master Plan requires the Applicant to mitigate for 16.4 full-time equivalent employees (FTEs). The Applicant previously committed to comply by providing two one - bedroom units on the Montezuma Mill Site (built); two one -bedroom units adjacent to the King Cabin (not built); payment of employee housing impact fees of $208,941.85 to mitigate for 9.4 FTEs (paid). 7. As required by BOCC Resolution Nos. 99-2009 and 119-2011, the Applicant executed a Covenant and an Amended Covenant Concerning Sale of Property Prior to Completion of Employee Housing Units as Required by Ashcroft Ski Touring Area SKI-REC Master Plan, which Covenant is recorded as Reception Nos. 582565 and 586982 in the records of the Pitkin County Clerk. Resolution No. -2017 Page 2 8. The BOCC approved amendments to the Master Plan for Ashcroft Ski Touring including seven cross country ski huts on the Montezuma Mill Site, pursuant to Resolution No. 120-2011. 9. The Applicant submitted building permit applications for the two units on April 30, 2014. The permits were finally approved by the County on March 22, 2017, after the Applicant obtained a well permit from the State. The USFS finally approved the units on July 5, 2017. The permits were issued by the County on August 4, 2017. Work has commenced and the foundations were completed and inspected in November. 10. The BOCC heard this application at a regular meeting on December 20, 2017, at which time evidence and testimony was presented with respect to the application. 11. The BOCC finds that it is appropriate to extend the deadline to provide additional time for completion of the two employee housing units. 12. The BOCC finds that it is in the best interests of the citizens of Pitkin County to approve this Resolution. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it hereby amends Resolution No. 052-2001, as amended, to extend the deadline for construction of the two one - bedroom employee housing units located adjacent to the Arrival Center to September 1, 2018, by which date the units shall be constructed, deed restricted and have obtained Certificates of Occupancy, and authorizes the Chair to sign on behalf of the County. Approval is subject to the following conditions, which shall run with the land and be binding on all successors in interest: The Applicant shall adhere to all representations made in the application and in public meetings and hearings. 2. Failure to comply with the September 1, 2018 deadline shall result in revocation of the approvals and permits for the Pine Creek Cookhouse and prevent operation of the Cookhouse in the winter of 2018-19 until all conditions are met. Resolution No. -2017 Page 3 APPROVED on the 20", day of December, 2017. ATTEST: Jeanette Jones, Clerk to the BOCC APPROVED AS TO CONTENT: Cindy Houben Community Development Director PID #2999-05 P068-14 BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO I1j George Newman, Chair APPROVED AS TO FORM: John Ely County Attorney �OgrK1fV "U N T Ashcroft Ski Touring (AST) aap@rof.net <aap@rof.net> To: Suzanne Wolff <suzanne.wolff@pitkincounty.com> Suzanne: Pitkin County Community Development/BOCC Suzanne Wolff <suzanne.wolff@pitkincounty.com> Mon, Dec 4, 2017 at 10:33 AM Employee Housing For Ashcroft Ski Touring, Unitd, Inc,- AST was able to complete approvals for issuance of final building permits on April 14, 2017, for the two employee units located adjacent to the Ashcroft arrival building at 11399 Castle Creek Road. However, the USFS was not able to issue final approval until July 5, 2017" (see below from the USFS) for AST to build the final two employee units, therefore, AST had a late start for the summer building season. With the unprecedented amount of building in Pitkin County and Aspen, it was difficult for AST to immediately employ a general contractor or concrete contractor, but AST has now completed the foundations for both units on November 28, 2018. Request: As it is not practical to build during winter months at the 9,600 foot altitude, AST will need a completion extension to the approval, to September1, 2018. John Wilcox Ashcroft Ski Touring, Unitd. Inc. * From: Broom, Theodore J -FS Sent: Wednesday, July 05, 2017 4:10 PM To: John Wilcox <aap@rof.net> Cc: Lutterman, Monte -FS <mlutterman@fs.fed.us>; Schroyer, Karen -FS <kschroyer@fs.fed.us> Subject: Fwd: Ashcroft John, we received SHPO concurrence. You are ready to proceed with the care taker units. Let's set up a meeting soon and discuss your construction timeline and plans for the summer. TJ Broom Mountain Sports Manager USFS ►f lr l d "t 1 110-05 TO: Board of County Commissioners Regular Meeting — December 21, 2016 THRU: Cindy Houben, Community Development Director FROM: Suzanne Wolff, Assistant Director RE: Ashcroft Ski Touring Area/Pine Creek Cookhouse — Employee Housing Amendment SUMMARY: The Applicant is requesting to extend the deadline for construction of the two one - bedroom employee housing units located adjacent to the Arrival Center (formerly the King Cabin) to December 31, 2017, by which date the units shall be constructed, deed restricted and have obtained Certificates of Occupancy. APPLICANT: John Wilcox M:ITy CT14 45-'1110Q113, The BOCC approved the Ashcroft Ski Touring Ski Area AF -SKI (now SKI -REQ Master Plan pursuant to BOCC Resolution No. 052-2001. The employee housing mitigation provisions of Resolution No. 052-2001 were amended pursuant to Resolution No. 111-2003, Administrative Decision No. 111-2005, Resolution No. 082-2006, Resolution No. 027-2007, Resolution No. 056-2007, Resolution No. 037-2008, Resolution No. 143-2008, Resolution No. 99-2009, Resolution No. 119-2011, Administrative Decision No. 82-2013, Resolution No. 095-2014, Resolution No. 096-2014, and Resolution No. 077-2015. A summary of the employee housing mitigation provisions as originally approved in 2001, and then amended in 2011 and 2014, is provided below. 2001 MASTER PLAN FTEs 3 BR Housing Unit Cookhouse (not built) 3.0 2 1 -BR Housing Units King Cabin not built 3.5 2 1 -BR Housing Units Montezuma Mill Site built 3.5 AH Impact Fees Paid - $82,771.85 6.4 TOTAL Employee Housing Mitigation (2001 Master Plan) 16.4 — 10 on-site; 6.4 fee 2011 MASTER PLAN AMENDMENT 3 BR Housing Unit Cookhouse (not built) 3.0 2 1 -BR Housing Units King Cabin not built 3.5 Employee Housing Off -Site to replace two on-site one -bedroom units (when existing employee units are converted to huts 3.5 Employee Housing via Impact Fee to mitigate for Montezuma Mill Site huts when built 2.34 AH Impact Fees Paid - $82,771.85 6.4 TOTAL Employee Housing Mitigation 18.74 — 6.5 on-site; 8.74 fee; 3.5 off-site 2014 MASTER PLAN AMENDMEN 2 1 -BR Housing Units King Cabin not built) 3.5 Employee Housing Off -Site to replace two on-site one -bedroom units when existing employee units are converted to huts 3.5 Employee Housing via Impact Fee to mitigate for seven huts (when built 2.34 AH Impact Fees Paid — • $82,771.85 • $126,170 (in lieu of 3-1111 Unit Cookhouse) 6.4 3.0 TOTAL Employee Housing Mitigation 18.74 — 3.5 on-site; 11.74 fee; 3.5 off-site The Applicant is in compliance with the housing mitigation that is required for the current level of development, with the exception of the two one -bedroom units, which have not been built. DEADLINE FOR CONSTRUCTION OF HOUSING UNITS: The Applicant is currently required to complete construction of the two one -bedroom units adjacent to the King Cabin by December 31, 2016. The Applicant submitted building permit applications for the two one -bedroom units to Pitkin County on April 30, 2014. The Applicant has not been able to demonstrate a legal water supply for the units, therefore, the permits have not been issued. The permits must be issued by March 31, 2017, or they will expire. The USFS submitted a well permit application to the State in March 2016 for a well for the two units; the State has not issued the permit. Therefore, the Applicant is requesting a further extension of the construction deadline to December 31, 2016 (refer to Attachment A). CASTLE CREEK ROAD CLOSURE GATE: The Applicant has expressed concern with the change in the language in the Road Management and Maintenance Plan (RMMP) with regard to the closure date for Castle Creek Road, and has asked to discuss this issue with the BOCC at this meeting. Brian Pettet, Public Works Director, provided the following background information, and will attend the meeting: The County manages three seasonal closure gates on County Roads: Hunter Creek Road, Castle Creek Road and Maroon Creek Road. The road service level designation above each of the gates is "Limited", which does not permit snow plowing. There are commercial activities that have interest in when the gates on Maroon Creek Road and Castle Creek Road are opened and closed. These interests have historically been balanced with existing snow levels, road conditions, and the desire from the general public and hunters to access USFS land above the gates. Given this, the following language has been approved in the Road Maintenance and Management Plan to 2 provide expectations for opening and closing of gates and provide County Staff decision making flexibility based on road conditions, scheduled work day operations and hunting seasons. B. Closures/Openings: Selected limited access roads may be closed during the winter season. No plowing of these selected roads will occur. Locking or closing of gates will occur on, or around November 15th and will be reopened no later on or around May 15th. BOCC ACTION: The BOCC shall determine if it is appropriate to grant a further extension of the construction deadline for the two units on USFS land. Attachments: A. 11/9/16 email from John Wilcox to Suzanne Wolff RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING AN AMENDMENT TO THE EMPLOYEE HOUSING MITIGATION REQUIREMENTS FOR THE ASHCROFT SKI TOURING AREA SKI-REC MASTER PLAN WITH REGARD TO CONSTRUCTION OF TWO ONE -BEDROOM EMPLOYEE HOUSING UNITS ADJACENT TO THE KING CABIN Resolution No. -2016 RECITALS 1. John Wilcox, hereafter "Applicant", as owner of Ashcroft Ski Touring, Inc., has applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") to amend the SKI-REC Master Plan approval granted pursuant to BOCC Resolution Nos. 052-2001, with regard to employee housing mitigation. The Applicant is requesting to extend the deadline for construction of the two one -bedroom employee housing units adjacent to the Arrival Center from December 31, 2016 to December 31, 2017. 2. The Ashcroft Ski Touring Area is located in the Aspen Ranger District of the White River National Forest, in Sections 31, 32, 5, 6, 7 and 8, Townships 11 and 12 South, Range 84 West of the 6th P.M. 3. Ashcroft Ski Touring, Inc. is permitted by the U.S. Forest Service to operate the Ashcroft Ski Touring Area. The Ski Touring Area is comprised of approximately 736 acres with 18.5 miles of nordic trails, and is zoned SKI-REC. The Montezuma Mill Site is a privately owned parcel located to the south of the Pine Creek Cookhouse, which is also zoned SKI-REC. 4. The BOCC approved the Ashcroft Ski Touring Ski Area AF -SKI (now SKI-REC) Master Plan pursuant to BOCC Resolution No. 052-2001. The employee housing mitigation provisions of Resolution No. 052-2001 were amended pursuant to Resolution No. 111-2003, Administrative Decision No. 111-2005, Resolution No. 082-2006, Resolution No. 027-2007, Resolution No. 056- 2007, Resolution No. 037-2008, Resolution No. 143-2008, Resolution No. 99-2009, Resolution No. 119-2011, Administrative Decision No. 82-2013, Resolution No. 095-2014, Resolution No. 096- 2014 and Resolution No. 077-2015. 5. The Master Plan requires the Applicant to mitigate for 16.4 full-time equivalent employees (FTEs). The Applicant previously committed to comply by providing two one - bedroom units on the Montezuma Mill Site (built); two one -bedroom units adjacent to the King Cabin (not built); payment of employee housing impact fees of $208,941.85 to mitigate for 9.4 FTEs (paid). 6. As required by BOCC Resolution Nos. 99-2009 and 119-2011, the Applicant executed a Covenant and an Amended Covenant Concerning Sale of Property Prior to Completion of Employee Housing Units as Required by Ashcroft Ski Touring Area SKI-REC Master Plan, which Covenant is recorded as Reception Nos. 582565 and 586982 in the records of the Pitkin County Clerk. 7. The BOCC approved amendments to the Master Plan for Ashcroft Ski Touring including seven cross country ski huts on the Montezuma Mill Site, pursuant to Resolution No. 120-2011. 8. The Applicant submitted building permit applications for the two units on April 30, 2014. The building permits have not been issued pending demonstration of a legal water supply for the Resolution No. -2016 Page 2 units. The USFS submitted a well permit application to the State in March 2016 for a well for the two units; the State has not issued the permit. 9. The BOCC heard this application at a regular meeting on December 21, 2016, at which time evidence and testimony was presented with respect to the application. 10. The BOCC finds that it is appropriate to extend the deadline to provide additional time for completion of the two employee housing units. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it hereby amends Resolution No. 052-2001, as amended, to extend the deadline for construction of the two one - bedroom employee housing units located adjacent to the Arrival Center to December 31, 2017, by which date the units shall be constructed, deed restricted and have obtained Certificates of Occupancy. Approval is subject to the following conditions, which shall run with the land and be binding on all successors in interest: The Applicant shall adhere to all representations made in the application and in public meetings and hearings. 2. Failure to comply with the December 31, 2017 deadline shall result in revocation of the approvals and permits for the Pine Creek Cookhouse and prevent operation of the Cookhouse in the winter of 2017-18 until all conditions are met. APPROVED on the 21It day of December, 2016. ATTEST: Jeanette Jones, Clerk to the BOCC APPROVED AS TO CONTENT: Cindy Houben Community Development Director PID #2999-05 P068-14 BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO LI -A Rachel E. Richards, Chair APPROVED AS TO FORM: John Ely County Attorney VrTKIN uurwT*i Ashcroft Ski Touring (AST) Employee Units aap@rof.net <aap@rof.net> To: Suzanne Wolff<suzanne.wolff@pitkincounty.com> Suzanne, Suzanne Wolff <suzanne.wolff@pitkincounty.com> Wed, Nov 9, 2016 at 9:49 AM Incredibly the application the USFS submitted in March to the State of Colorado for the well necessary for AST to complete the building permit application to Pitkin County for the two caretaker/employee units located next to the arrival center still has not been approved. AST has directly followed up with the the State Water department numerous times, however the application remains in limbo. We will seek a response from the State on why this has taken such a long time. As AST is required to have these units completed by December, we request an extension of our obligation. John Wilcox Ashcroft Ski Touring, Untld. Inc. MEMORANDUM TO: Board of County Commissioners Regular Meeting,, — September 10, 2014 THRU: Cindy Houb&community Development Director FROM: Suzanne Wolff, Senior Planner RE: Ashcroft Ski Touring Area/Pine Creek Cookhouse — Employee Housing Amendment SUMMARY: The Applicant is requesting to amend the employee housing mitigation requirements for the Ashcroft Ski Touring Area to eliminate the three-bedroom unit that was to be built adjacent to the Pine Creek Cookhouse and pay the applicable housing impact fee. On August 27 the BOCC approved a Resolution to extend the deadline for construction of the two one - bedroom employee housing units located adjacent to the King Cabin to December 31, 2015, by which date the units shall be constructed, deed restricted and have obtained Certificates of Occupancy. Four Commissioners were present at the August 27 meeting. Two motions were made with regard to amending the requirement to construct the three-bedroom unit adjacent to the Pine Creek Cookhouse. Both motions failed with 2-2 votes. The BOCC then continued the discussion to this meeting in order to have five Commissioners present. APPLICANT: John Wilcox BACKGROUND: The BOCC approved the Ashcroft Ski Touring Ski Area AF -SKI (now SKI-REC) Master Plan pursuant to BOCC Resolution No. 052-2001. The employee housing mitigation provisions of Resolution No. 052-2001 were amended pursuant to Resolution No. 111-2003, Administrative Decision No. 111-2005, Resolution No. 082-2006, Resolution No. 027-2007, Resolution No. 056-2007, Resolution No. 037-2008, Resolution No. 143-2008, Resolution No. 99-2009, Resolution No. 119-2011 and Administrative Decision No. 82-2013. The deadline has been extended eight times (not all of the amendments involved deadline extensions). In 2011, the BOCC granted a growth management allotment and approved an amendment to the Master Plan to allow the Applicant to create seven new cross country ski huts on the Montezuma Mill Site. Two existing employee units would be converted to huts and five new huts would be constructed. In Resolution No. 120- 2011, the BOCC found that it was appropriate to amend the AST Master Plan to allow seven cross country ski huts on the Montezuma Mill Site, "given that the huts will be in support of and compatible with the operation of the ski/recreation area; will not increase the capacity of the ski/recreation area; and will have limited service or environmental impacts." The approval includes the following conditions (in part): • Use of the huts is conditioned upon continued operation of the ski/recreation area. • The construction of all previously approved improvements, including the new arrival center, two one - bedroom employee housing units adjacent to the King Cabin/arrival center, the three-bedroom employee housing unit adjacent to the Pine Creek Cookhouse, and the maintenance facility, shall be completed prior to or concurrent with the construction of the five additional ski huts on the Montezuma Mill Site. The two existing cabins on the Montezuma Mill Site shall continue to be used as employee housing until all previously approved improvements have been completed. • Mitigation is required for new employees generated by the huts. The 2001 Master Plan requires the Applicant to mitigate for 16.4 full-time equivalent employees (FTEs). The 2011 Amendment that approved ski huts on the Montezuma Mill Site would require the Applicant to mitigate for an additional 2.34 FTEs. The Applicant's current proposal would result in fewer units on- site. The employee housing mitigation requirements based on the 2001 Master Plan, the 2011 Amendment and the currently proposed amendment are shown below: 2001 MASTER PLAN. FTEs 3 BR Housing Unit Cookhouse not built 3.0 2 1 -BR Housing Units King Cabin not built 3.5 2 1 -BR Housing Units Montezuma Mill Site built 3.5 AH Impact Fees Paid - $82,771.85 6.4 TOTAL Employee Housing Mitigation (2001 Master 16.4 — 10 on-site; Plan) 6.4 fee 2011 MASTER PLAN AMENDMENT 3 BR Housing Unit k Cookhouse not built 3.0 2 1 -BR Housing Units King Cabin not built 3.5 Employee Housing Off -Site to replace two on-site one- bedroom units (when existing employee units are converted to huts 3.5 Employee Housing via Impact Fee to mitigate for Montezuma Mill Site huts when built 2.34 AH Impact Fees Paid - $82,771.85 6.4 TOTAL Employee Housing Mitigation 18.74 — 6.5 on- site; 8.74 fee; 3.5 off-site 2014 PROPOSED MASTER PLAN AMENDMENT Impact Fee in lieu of 3 -BR Unit @ Cookbouse 3.0 2 1 -BR Housing Units Mug Cabin not built 3.5 Employee Housing Off -Site to replace two on-site one- bedroom units (when existing employee units are converted to huts 3.5 Employee Housing via Impact Fee to mitigate for seven huts when built 2.34 AH Impact Fees Paid - $82,771.85 6.4 TOTAL Employee Housing Mitigation 18.74 — 3.5 on- site; 11.74 fee; 3.5 off-site W4 AMENDMENT TO HOUSING MITIGATION REQUIREMENTS: The Applicant is requesting to eliminate the three-bedroom unit that was to be built adjacent to the Pine Creek Cookhouse and pay the applicable housing impact fee. The current fee is $126,169.74 ($42,056.58 x 3 FTE). The Aspen/Pitkin County Housing Authority Board requested that the three-bedroom unit either be provided on-site or off-site, and that payment of the impact fee be denied. The USFS does not support construction of the three-bedroom unit; therefore, staff supported the request. At the August 27 meeting a motion was made to approve the Applicant's request to amend Resolution No. 052-2001 to allow the Applicant to pay the applicable housing impact fee for 3 FTEs by October 31, 2014, rather than build a three-bedroom unit on-site. The motion failed by a vote of 2-2. A separate motion was then made to extend the deadline for construction of the three-bedroom unit to December 31, 2015 to allow the Applicant to complete construction of the unit on-site or to provide off-site mitigation. The motion failed by a vote of 2-2. RECOMMENDATION: Staff recommends that the BOCC approve the Applicant's request to amend Resolution No. 052-2001 to allow the Applicant to pay the applicable housing impact fee for 3 FTEs, rather than build a three-bedroom unit on-site, subject to the attached Resolution. RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING AN AMENDMENT TO THE EMPLOYEE HOUSING MITIGATION REQUIREMENTS FOR THE ASHCROFT SKI TOURING AREA SKI-REC MASTER PLAN Resolution No. -2011 RECITALS 1. John Wilcox, hereafter "Applicant", as owner of Ashcroft Ski Touring, Inc., has applied to the Board of County Commissioners of Pitkin County, Colorado ('BOCC") to amend the SKI-REC Master Plan approval granted pursuant to BOCC Resolution Nos. 052-2001, with regard to employee housing mitigation. The Applicant is requesting to pay the applicable housing impact fee for three FTEs, rather than construct a three-bedroom unit adjacent to the Pine Creek Cookhouse on U.S. Forest Service lands. 2. The Ashcroft Ski Touring Area is located in the Aspen Ranger District of the White River National Forest, in Sections 31, 32, 5, 6, 7 and 8, Townships I 1 and 12 South, Range 84 West of the 6th P.M. 3. Ashcroft Ski Touring, Inc. is permitted by the U.S. Forest Service to operate the Ashcroft Ski Touring Area. The Ski Touring Area is comprised of approximately 736 acres with 18.5 miles of nordic trails, and is zoned SKI-REC. The Montezuma Mill Site is a privately owned parcel located to the south of the Pine Creek Cookhouse, which is also zoned SKI-REC. 4. The BOCC approved the Ashcroft Ski Touring Ski Area AF -SKI (now SKI-REC) Master Plan pursuant to BOCC Resolution No. 052-2001. The employee housing mitigation provisions of Resolution No. 052-2001 were amended pursuant to Resolution No. 111-2003, Administrative Decision No. 111-2005, Resolution No. 082-2006, Resolution No. 027-2007, Resolution No. 056- 2007, Resolution No. 037-2008, Resolution No. 143-2008, Resolution No. 99-2009, Resolution No. 119-2011 and Administrative Decision No. 82-2013. 5. The Master Plan requires the Applicant to mitigate for 16.4 full-time equivalent employees (FTEs). The Applicant previously committed to comply by providing two one - bedroom units on the Montezuma Mill Site (built), two one -bedroom units adjacent to the King Cabin (not built) and one three-bedroom residence behind the Cookhouse (not built), which combined mitigate for 10 FTEs; payment of an employee housing impact fee of $53,393.75 to mitigate for 6.25 FTEs (paid); and a housing payment -in -lieu of $29,378.10 to mitigate for 0.15 FTEs (paid). 6. As required by BOCC Resolution Nos. 99-2009 and 119-2011, the Applicant executed a Covenant and an Amended Covenant Concerning Sale of Property Prior to Completion of Employee Housing Units as Required by Ashcroft Ski Touring Area SKI-REC Master Plan, which Covenant is recorded as Reception Nos. 582565 and 586982 in the records of the Pitkin County Clerk. 7. The BOCC approved amendments to the Master Plan for Ashcroft Ski Touring including seven cross country ski huts on the Montezuma Mill Site, pursuant to Resolution No. 120-2011. q Resolution No. _-2011 Page 2 8. The BOCC heard this application at regular meetings on August 27 and September 10, 2014, at which times evidence and testimony were presented with respect to the application. 9. The BOCC finds that it is appropriate to amend the employee housing mitigation requirements to eliminate the three-bedroom unit that was to be built adjacent to the Pine Creek Cookhouse and pay the applicable housing impact fee, since the USFS does not support construction of the unit on USFS lands. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it hereby amends Resolution No. 052-2001, as amended, to eliminate the requirement to construct a three-bedroom employee housing unit adjacent to the Pine Creek Cookhouse, and to pay the applicable housing impact fee for three FTEs to Pitkin County by September 30, 2014. Approval is subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all representations made in the application and in public meetings and hearings. 2. Failure to comply with the September 30, 2014 deadline shall result in revocation of the approvals and permits for the Pine Creek Cookhouse and prevent operation of the Cookhouse in the winter of 2015 until all conditions are met. APPROVED on the 10`h day of September, 2014. ATTEST: Jeanette Jones, Clerk to the BOCC APPROVED AS TO CONTENT: liL&x4_ Cindy Houben Community Development Director PID #2999-05 P068-14 BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO By Robert A. Ittner, Jr., Chairman APPROVED AS TO FORM: John Ely County Attorney MEMORANDUM TO: Board of County Commissioners Regular Meeting — Augut 27, 2014 THRU: Cindy Hou e , ommuGk nity Development Director FROM: Suzanne Wolff, Senior Planner RE: Ashcroft Ski Touring Area/Pine Creek Cookhouse — Affordable Housing Amendment SUMMARY: The Applicant is requesting to amend the affordable housing mitigation requirements for the Ashcroft Ski Touring Area to eliminate the three-bedroom unit that was to be built adjacent to the Pine Creek Cookhouse and pay the applicable housing impact fee. APPLICANT: John Wilcox 113INW 01 011LI11 The BOCC approved the Ashcroft Ski Touring Ski Area AF -SKI (now SKI -REQ Master Plan pursuant to BOCC Resolution No. 052-2001. The affordable housing mitigation provisions of Resolution No. 052-2001 were amended pursuant to Resolution No. 111-2003, Administrative Decision No. 111-2005, Resolution No. 082-2006, Resolution No. 027-2007, Resolution No. 056-2007, Resolution No. 037-2008, Resolution No. 143-2008, Resolution No. 99-2009, Resolution No. 119-2011 and Administrative Decision No. 82-2013. The deadline has been extended eight times (not all of the amendments involved deadline extensions). The Master Plan requires the Applicant to mitigate for 16.4 full-time equivalent employees (FTEs). The Applicant previously committed to comply by providing two one -bedroom units on the Montezuma Mill Site (built), two one -bedroom units adjacent to the King Cabin (not built) and one three-bedroom residence behind the Cookhouse (not built), which combined mitigate for 10 FTEs; payment of an employee housing impact fee of $53,393.75 to mitigate for 6.25 FTEs (paid); and a housing payment -in - lieu of $29,378.10 to mitigate for 0.15 FTEs (paid). Employees were housed in the 3 -bedroom schoolhouse adjacent to the Cookhouse until the Cookhouse was demolished in 2012 (as required by the Forest Service). No other "interim" housing has been provided since that time. As required by BOCC Resolution Nos. 99-2009 and 119-2011, the Applicant executed a Covenant and an Amended Covenant Concerning Sale of Property Prior to Completion of Employee Housing Units as Required by Ashcroft Ski Touring Area SKI-REC Master Plan, which Covenant is recorded as Reception Nos. 582565 and 586982 in the records of the Pitkin County Clerk. The BOCC approved amendments to the Master Plan for Ashcroft Ski Touring including seven cross country ski huts on the Montezuma Mill Site, pursuant to Resolution No. 120-2011. The BOCC concurrently approved an extension of the deadline for construction of three employee housing units to December 31, 2013, pursuant to Resolution No. 119-2011. COMPLIANCE WITH ADMINISTRATIVE DECISION NO. 82-2013: Following discussions with the Applicant on November 6 and December 4, 2013, the BOCC directed staff to prepare an Administrative Decision granting a one year extension of the construction deadline with conditions. Administrative Decision No. 82-2013 is attached for reference. It requires the Applicant to complete one three-bedroom employee housing unit adjacent to the Cookhouse and two one -bedroom units adjacent to the King Cabin by December 31, 2014. In addition, the Decision requires the Applicant: cy� ic) • To submit building permit applications for the three employee housing units to Pitkin County by March 1, 2014. Building permit applications for the two one -bedroom units and the new King Cabin were submitted to Pitkin County on April 30, 2014. No application has been submitted for the three-bedroom unit. • To submit a demolition permit for the yurt (temporary King Cabin/arrival center) to Pitkin County by June 1, 2014. No demolition permit was submitted; the yurt has been removed. • To commence construction of the three units by July 1, 2014. The building permits for the two one -bedroom units have not been issued, pending demonstration of a legal water supply for the units. Based on conversations with the USFS and the State, this issue will not be resolved in time to accommodate construction this year. The building permit for the King Cabin is anticipated to be issued on August 20, 2014. The Applicant is required by the USFS to complete construction of the King Cabin by November 1, 2014. • To submit an application to Community Development to amend the SKI-REC Master Plan to provide alternative housing mitigation, if construction has not commenced by July 31, 2014. An application was submitted on August 6, 2014. AMENDMENT TO HOUSING MITIGATION REQUIREMENTS: The Applicant is requesting to eliminate the three-bedroom unit that was to be built adjacent to the Pine Creek Cookhouse and pay the applicable housing impact fee. The current fee is $122,494.89 ($40,831.63 x 3 FTE). The Aspen/Pitkin County Housing Authority Board is reviewing the request at its meeting on August 20; staff will provide their comments at the meeting. The USFS does not support construction of the three-bedroom unit (letter attached). Staff was not aware of this position until a meeting with USFS staff on November 19, 2013. This issue was raised with the BOCC on December 4, 2013, and a request to pay the impact fee rather than construct the unit has been anticipated. Staff supports the request, since the USFS does not support construction of the unit. DEADLINE FOR CONSTRUCTION OF HOUSING UNITS: The Applicant is currently required to complete construction of the two one -bedroom units adjacent to the King Cabin by December 31, 2014. As noted above, the Applicant submitted building permit applications for the units, but has not been able to demonstrate a legal water supply for the units, therefore, the permits have not been issued. The Applicant was aware of the need to pursue a well permit based on a meeting with USFS staff, County staff and the Water Commissioner in August of 2012. County staff notified the Applicant on May 20, 2014 that the permit would not be issued until a well permit was obtained. The Applicant is working with the USFS and the State to obtain a well permit, but this issue will not be resolved in time to accommodate construction this year. Therefore, the Applicant is requesting a further extension of the construction deadline to November 2015 (see attached 8/20/14 email). RECOMMENDATION: Staff recommends that the BOCC approve the Applicant's request to amend Resolution No. 052-2001 to allow the Applicant to pay the applicable housing impact fee for 3 FTEs, rather than build a three-bedroom unit on-site. Z Attachments: A. 8/6/14 letter from John Wilcox B. 8/20/14 email from John Wilcox C. 8/13/14 letter from USFS D. Administrative Decision No. 82-2013 r, RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING AN AMENDMENT TO THE EMPLOYEE HOUSING MITIGATION REQUIREMENTS FOR THE ASHCROFT SKI TOURING AREA SKI-REC MASTER PLAN Resolution No. -2011 RECITALS 1. John Wilcox, hereafter "Applicant', as owner of Ashcroft Ski Touring, Inc., has applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") to amend the SKI-REC Master Plan approval granted pursuant to BOCC Resolution Nos. 052-2001, with regard to employee housing mitigation. The Applicant is requesting to pay the applicable housing impact fee for three FTEs, rather than construct a three-bedroom unit adjacent to the Pine Creek Cookhouse on U.S. Forest Service lands. 2. The Ashcroft Ski Touring Area is located in the Aspen Ranger District of the White River National Forest, in Sections 31, 32, 5, 6, 7 and 8, Townships 11 and 12 South, Range 84 West of the 6th P.M. 3. Ashcroft Ski Touring, Inc. is permitted by the U.S. Forest Service to operate the Ashcroft Ski Touring Area. The Ski Touring Area is comprised of approximately 736 acres with 18.5 miles of nordic trails, and is zoned SKI-REC. The Montezuma Mill Site is a privately owned parcel located to the south of the Pine Creek Cookhouse, which is also zoned SKI-REC. 4. The BOCC approved the Ashcroft Ski Touring Ski Area AF -SKI (now SKI-REC) Master Plan pursuant to BOCC Resolution No. 052-2001. The employee housing mitigation provisions of Resolution No. 052-2001 were amended pursuant to Resolution No. 111-2003, Administrative Decision No. 111-2005, Resolution No. 082-2006, Resolution No. 027-2007, Resolution No. 056- 2007, Resolution No. 037-2008, Resolution No. 143-2008, Resolution No. 99-2009, Resolution No. 119-2011 and Administrative Decision No. 82-2013. 5. The Master Plan requires the Applicant to mitigate for 16.4 full-time equivalent employees (FTEs). The Applicant previously committed to comply by providing two one - bedroom units on the Montezuma Mill Site (built), two one -bedroom units adjacent to the King Cabin (not built) and one three-bedroom residence behind the Cookhouse (not built), which combined mitigate for 10 FTEs; payment of an employee housing impact fee of $53,393.75 to mitigate for 6.25 FTEs (paid); and a housing payment -in -lieu of $29,378.10 to mitigate for 0.15 FTEs (paid). 6. As required by BOCC Resolution Nos. 99-2009 and 119-2011, the Applicant executed a Covenant and an Amended Covenant Concerning Sale of Property Prior to Completion of Employee Housing Units as Required by Ashcroft Ski Touring Area SKI-REC Master Plan, which Covenant is recorded as Reception Nos. 582565 and 586982 in the records of the Pitkin County Clerk. 7. The BOCC approved amendments to the Master Plan for Ashcroft Ski Touring including seven cross country ski huts on the Montezuma Mill Site, pursuant to Resolution No. 120-2011. The BOCC concurrently approved an extension of the deadline for construction of three employee housing units to December 31, 2013, pursuant to Resolution No. 119-2011. LJ Resolution No. _-2011 Page 2 8. The BOCC heard this application at a regular meeting on August 27, 2014, at which time evidence and testimony were presented with respect to the application. 9. The BOCC finds that it is appropriate to amend the employee housing mitigation requirements to eliminate the three-bedroom unit that was to be built adjacent to the Pine Creek Cookhouse and pay the applicable housing impact fee, since the USFS does not support construction of the unit on USFS lands. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it hereby amends Resolution No. 052-2001, as amended, to eliminate the requirement to construct a three-bedroom employee housing unit adjacent to the Pine Creek Cookhouse, and to pay the applicable housing impact fee for three FTEs to Pitkin County by September 30, 2014. Approval is subject to the following conditions, which shall run with the land and be binding on all successors in interest: The Applicant shall adhere to all representations made in the application and in public meetings and hearings. 2. Failure to comply with the September 30, 2014 deadline shall result in revocation of the approvals and permits for the Pine Creek Cookhouse and prevent operation of the Cookhouse in the winter of 2015 until all conditions are met. APPROVED on the 27th day of August, 2014. ATTEST: Jeanette Jones, Clerk to the BOCC APPROVED AS TO CONTENT: indy Houben Community Development Director PID #2999-05 P068-14 BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO a Robert A. Ittner, Jr., Chairman APPROVED AS TO FORM: John Ely County Attorney Mm To: Suzanne Wolff Pitkin County Planner Pitkin County Community Development August !6, From: Owner/Applicant:-Ashcroft Ski Touring, Unitd. Inc. John Wilco Re: Amendment to Development Plan- 11399 Castle Creek Road, Aspen, Colorado Background - Ashcroft Ski Touring, Unitd. (AST) has a Resort/Marina Permit from the USFS and operates in the summer and winter for recreation and dining. The Pine Creek Cookhouse was destroyed by fire in the spring of 2003. The Cookhouse was rebuilt and re -opened in December 2003. Considering the building was destroyed by fire, the BOCC allowed certain employee mitigation to happen at a later date. To date, AST has built two one - bedroom units on private land adjacent to the Cookhouse at a land/building cost of about $1,200,000. AST has paid cash in lieu for additional mitigation. Remaining mitigation: 2 one -bedroom units; and 1 three-bedroom unit. The USFS has told Pitkin County Community Development officials that it does not want AST to build the three bedroom caretaker/employee unit near the Cookhouse. AST operates on the National Forest and must follow the requirements of the USFS or risk being out of compliance. Status - As directed by the USFS and the Forest Supervisor, AST has designed and will build a new arrival center/ski shop and two one bedroom employee units at the site of the old King Cabin. AST has been issued permits and has finish construction on a buried power line to the area, as well as a septic system that will service the arrival center and employee units. To date, AST has not received building permits for the arrival center and employee units, as the USFS had given the wrong well coordinates to the Colorado Division of Water Resources. AST expects this issue to be resolved and that Pitkin County will issues the permits for AST to commence building the arrival center and employee units. A final completion schedule will be devloped when the permits are issued. Request - AST requests the BOCC consider the alternative cash in leu for the three bedroom unit that the USFS wants to eliminate from the Cookhouse area of the National Forest. 8/20/2014 �7/ t'htl cOt. •t , AST Pitkin County Mail -AST aap@rof.net <aap@rof.net> To: Suzanne Wolff<suzanne.wolff@pitkincounty.com> To: Suzanne Wolff Pitkin County Planner Pitkin County Community Development Wed, Aug 20, 2014 at 3:31 PM August 20, 2014 From: Owner/Applicant:-Ashcroft Ski Touring, Unitd. Inc. John Wilcox Re: Amendment to Development Plan- 11399 Castle Creek Road, Aspen, Colorado Additional Updated Request- To document submitted to the BOCC dated August 6, 2014: The USFS has understood, beginning in 2012, the need to dedicate a second 35 acre parcel in the King Cabin area for a `residential well' required by Colorado Division of Resources for the water necessary for two one bedroom employee units required by the County. As the County is aware, AST had submitted an application for a building permit for these cabins in the spring of 2014, as directed by the BOCC. As of August 20, 2014, the USFS has informed AST and Pitkin County Community Development that the "well' parcel will not be designated at this time. Therefore, AST requests that the BOCC consider extending the time period to complete these units until November 2015. John Wilcox- President Ashcroft Ski Touring, Unitd. Inc. https://mail.google.com'mail/?ui=2&ik=e34619b968&He+ pt&search=inboAr g=147f554cc51f17c0&sim1=147f554cc51f17c0 1/1 USDA united States Department of Agriculture 0 Forest White River Service National Forest Suzanne Wolfe Senior Planner Pitkin County Community Development and BOCC 130 S Galena 3rd Floor Aspen, CO 801611 Aspen-Sopris Ranger District PO Box 309/620 Main St. Carbondale, CO 81623 (970)963-2266 Fax: (970) 963-1012 File Code: 2300/2700 Date: August 13, 2014 Dear Pitkin County Board of County Commissioners and Community Development Department, Re: Pine Creek Caretaker Cabin, Ashcroft Ski Touring, President John Wilcox This letter provides advanced direction from the Aspen and Sopris Ranger District and White River National Forest in regard to the Ashcroft Ski touring (AST) redevelopment. We are confirming the USFS does not support the construction of the 3 -bedroom unit adjacent to the Pine Creek Cookhouse that was previously approved in the 2000 Ashcroft Ski Area Master Plan. On November 20, 2013, the Forest Service wrote a letter to John Wilcox stating "it is not requiring AST to move forward with any development of employee housing on NFS lands". While we understand the advantages of on-site housing to AST's business operations and county requirements, these structures are no longer necessary to providing for the Nordic skiing activity; the primary intent of this resort permit. The December 2000 Decision Notice for the Proposed Improvements to the existing Ashcroft Ski Area Environmental Analysis approved one caretaker single family dwelling (1500 sq. ft.) located adjacent to the Pine Creek Cookhouse because the "somewhat remote location warrants this type of housing". However, the recently built two caretakers housing facilities across Pine Creek at the Montezuma parcel eliminates this past need and should be exempted. We discussed these objectives on November 19, 2013 with Pitkin County Planners. Our team recognizes Pitkin County's stance for the AST area with outstanding need for employee housing. The high value of this open space of the Nordic ski area, the unique scenic and historical area of these FS lands we acknowledge building more housing facilities is not in the best interest to the American public. The only building required at this time is the King Cabin. If you have any questions or follow up please contact my Recreation Staff Supervisor Martha Moran. Sincerely, Z-`\/ KARENSCHROYER District Ranger �Sr Caring for the Land and Serving People Pnnted on Recycletl Paper I I 1_%, \r RECEPTION#: 606459,1211t41413 at 12:22:13 PM, 1 OF 2, R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO, APPROVING AN AMENDMENT TO THE ASHCROFT SKI TOURING AREA SKI-REC MASTER PLAN TO EXTEND THE DEADLINE FOR CONSTRUCTION OF THREE EMPLOYEE HOUSING UNITS Administrative Decision No�-2013 RECITALS . John Wilcox, hereafter "Applicant", as owner of Ashcroft Ski Touring, Inc., has applied to the Board of County Commissioners of Pitkin County, Colorado, hereafter "BOCC", to amend the Master Plan approval granted pursuant to BOCC Resolution No. 052-2001 (and subsequently amended), with regard to employee housing mitigation. The Applicant is requesting to extend the deadline for construction of the three employee housing units (two one -bedroom units adjacent to the King Cabin and one three-bedroom unit adjacent to the Pine Creek Cookhouse)from December 31, 2013 to December 31, 2014. The units will be located on U.S. Forest Service land. 2. The Ashcroft Ski Touring Area is located in the Aspen Ranger District of the White River National Forest, in Sections 31, 32, 5, 6, 7 and 8, Townships I I and 12 South, Range 84 West of the 6th P.M. 3. Ashcroft Ski Touring, Inc. is permitted by the U.S. Forest Service to operate the Ashcroft Ski Touring Area. The Ski Touring Area is comprised of approximately 736 acres with 18.5 miles of nordic ski trails, and is zoned SKi-REC. The Montezuma Mill Site is a privately owned parcel located to the south of the Pine Creek Cookhouse, which is also zoned SKI-REC. 4. The BOCC approved the Ashcroft Ski Touring Ski Area AF -SKI (now SKI -REQ Master Plan pursuant to BOCC Resolution No. 052-2001. The affordable housing mitigation provisions of Resolution No. 052-2001 were amended pursuant to Resolution No. 111-2003, Administrative Decision No. 111-2005, Resolution No. 082-2006, Resolution No. 027-2007, Resolution No. 056- 2007, Resolution No. 037-2008, Resolution No. 143-2008, Resolution No. 99-2009 and 119-2011. 5. The Master Plan requires the Applicant to mitigate for 16.4 full-time equivalent employees (FTEs). The Applicant previously committed to comply by providing two one - bedroom units on the Montezuma Mill Site (built), two one -bedroom units adjacent to the King Cabin (not built) and one three-bedroom residence behind the Cookhouse (not built), which combined mitigate for 10 FTEs; payment of an employee housing impact fee of $53,393.75 to mitigate for 6.25 FTEs (paid); and a housing payment -in -lieu of $29,378.10 to mitigate for 0.15 FTEs (paid). 6. As required by BOCC Resolution No. 99-2009, the Applicant executed a Covenant Concerning Sale of Property Prior to Completion of Employee Housing Units as Required by Ashcroft Ski Touring Area SKI-REC Master Plan, which Covenant is recorded as Reception No. 582565 in the records of the Pitkin County Clerk. As required by BOCC Resolution No. 119-2011, an amended Covenant was recorded as Reception No. 586982, 7. The BOCC considered the request at regular meetings on November 6 and December 4, 2013. W1 W Resolution No. -2009 Page 2 8. The BOCC found that it is appropriate to extend the deadline established in BOCC Resolution No. 119-2011 to provide additional time for completion of the remaining three employee housing units, and directed staff to prepare an Administrative Decision granting a one year extension with conditions. THE DIRECTOR DOES HEREBY APPROVE an amendment to BOCC Resolution No. 119-2011 to extend the deadline for construction of the three-bedroom employee housing unit adjacent to the Pine Creek Cookhouse and the two one -bedroom employee housing units located adjacent to the King Cabin to December 31, 2014, by which date the units shall be constructed, deed restricted and have obtained Certificates of Occupancy. Approval is subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all representations made in the application and in public meetings and hearings. 2. Failure to comply with the December 31, 2014 deadline shall result in revocation of the approvals and permits for the Pine Creek Cookhouse and prevent operation of the Cookhouse in the winter of 2014-15 until all conditions are met. 3. Prior to March 1, 2014, the Applicant shall submit building permit applications for the three employee housing units to Pitkin County. 4. Prior to June I, 2014, the Applicant shall submit a demolition permit application for removal of the yurt to Pitkin County; the yurt is serving as the temporary arrival center pending construction of a new King Cabin. 5. By July 1, 2014, construction of the three employee housing units shall have commenced. If construction has not commenced, the Applicant shall submit an application to Community Development by July 31, 2014 to amend the SKI-REC Master Plan to provide alternative mitigation, such as payment of the applicable housing impact fee. APPROVED by the Director, this jf day of ��013. lCy x l Y'�.ouben, Community Development Director PID #2999-05 P 141-06 Ib MEMORANDUM TO: Suzanne Wolff FROM: APCHA Board of Directors THRU: Tom McCabe, Executive Director of APCHA Cindy Christensen, Operations Manager of APCHA DATE: August 21, 2014 RE: REQUEST BY ASHCROFT SSI TOURING TO MITIGATE A THREE- BEDROOM (3 FTE) VIA PAYMENT OF AN IMPACT FEE ISSUE: John Wilcox, owner/applicant for the Ashcroft Sky Touring, Unitd. Inc. (hereinafter "AST"), is requesting a change in a previous approval that required construction of a three- bedroom unit on Federal land. Wilcox is asking to mitigate for the three-bedroom unit with payment -in -lieu. BACKGROUND: BOCC Resolution No. 052-2001 required the applicant to mitigate for a total of 16.4 FTE's, including 10 FTE's relating to BOCC Resolution No. 79-46 for a 1988 expansion, and an additional 1.4 FTE's for an expansion to the Cookhouse. The resolution required 1.9 FTE's to be provided off-site and 14.5 FTE's on-site. The applicant has requested, throughout the years, a delay in constructing certain parts of the employee housing. The most recent request, Administrative Decision No. 82-2013, extended construction of three employee housing units, to be located on U.S. Forest Service land, to December 31, 2014. The units were two one - bedroom units located adjacent to the King Cabin, and one three-bedroom unit to be located adjacent to the Pine Creek Cookhouse. DISCUSSION: To date, AST has built two one -bedroom units on private land adjacent to the Cookhouse and provided payment of an employee housing impact fee of $53,393.75 for 6.25 FTE's and $29,378.10 for 0.15 FTE's (for a current total payment of $82,771.85); however, two one -bedroom units and one three-bedroom unit are still required to fulfill AST's mitigation requirements. The U.S. Forest Service has requested the elimination from the Cookhouse area, Forest Service land, the construction of the three-bedroom unit. This unit was proposed at Category 2. The current impact fee, based on the Pitkin County Land Use Code, is $40,831.63 per FTE, or a total of $122,494.89. To give you a comparison, if the applicant were required to mitigate based on the APCHA Guidelines, the fee would be $244,195 X 3 = $732,585. The applicant, however, is only required to mitigate based on the County impact fee. RECOMMENDATION: Although there is a request by the U.S. Forest Service to eliminate the three-bedroom on Forest Service land, the APCHA Board of Directors requests that the three- bedroom be provided on site or off site at a location approved by APCHA, and that mitigation by payment of the impact fee for 3 FTE's be denied. Request by AST to Mitigate via Payment of an Impact Fee Page 1 10- gCRO To: Suzanne Wolff Pitkin County Planner Pitkin County Community Development August 20, 2014 From: Owner/Applicant:-Ashcroft Ski Touring, Unitd. Inc. John Wilcox Re: Amendment to Development Plan- 11399 Castle Creek Road, Aspen, Colorado Background - Ashcroft Ski Touring, Unitd. (AST) has a Resort/Marina Permit from the USFS and operates in the summer and winter for recreation and dining. The Pine Creek Cookhouse was destroyed by fire in the spring of 2003. The Cookhouse was rebuilt and re -opened in December 2003. Considering the building was destroyed by fire, the BOCC allowed certain employee mitigation to happen at a later date. To date, AST has built two one - bedroom units on private land adjacent to the Cookhouse at a land/building cost of about $1,200,000. AST has paid cash in lieu for additional mitigation. Remaining mitigation: 2 one -bedroom units; and 1 three-bedroom unit. Additional Updated Request- To document submitted to the BOCC dated August 6, 2014: The USFS has understood, beginning in 2012, the need to dedicate a second 35 acre parcel in the King Cabin area for a "residential well" required by Colorado Division of Resources for the water necessary for two one bedroom employee units required by the County. As the County is aware, AST had submitted an application for a building permit for these cabins in the spring of 2014, as directed by the BOCC. As of August 20, 2014, the USFS has informed AST and Pitkin County Community Development that the "well" parcel will not be designated at this time. Therefore, AST requests that the BOCC cons ding the time period to complete these units until November 2015. l� John Wilcox- President Ashcroft Ski Touring, Unitd. Inc. Of I ASHCROFT SKI TOURING UNLQvIITED, INC. P.O. BOX 7817 • ASPEN, COLORADO 81612 1 RESTAURANT 970/925-1044 • BUSINESS OFFICE 970/925-4093 • FAX 970/9204961 8/6/2014 �}1"Yhi1 s COE'N1"l Ashcroft PiNn County Mail - Ashcroft aap@rof.net <aap@rof.net> To: Suzanne Wolff <suzanne.wolff@co.pitkin.co.us> Suzanne, Tue, Aug 5, 2014 at 5:45 PM We have prepared, but hake not completed or submitted the required "Amendment to Development Permit' due by July 31, 2014. We were expecting our building permit, submitted in March, to be approved for the King Cabin and two employee units, previously permitted by Pitkin County, however the Building Department kept asking for additional material beyond what was originally requested. Then the Colorado State Water Resources found an error with the location of the well submitted by the USFS. We expect to receive our Permit this week, if all goes well with Colorado State Water and the USFS. At that time we will send you the detailed "Amendment' application. In that regard, we do have several questions for the "Application". John Wilcox Ashcroft Ski Touring 'o--roq httos.//mail.aooale coMmail/?ui=2&ilre34619bgbB&�iew--Dt&search=inbor&msa=147a88Fc8fa66846&sirrd=147a88Fc8fa66846 1/1 To: Suzanne Wolff Pitkin County Planner Pitkin County Community Development August 6 From: Owner/Applicant:-Ashcroft Ski Touring, Unitd. Inc. John Wilco Re: Amendment to Development Plan- 11399 Castle Creek Road, Aspen, Colorado Background - Ashcroft Ski Touring, Unitd. (AST) has a Resort/Marina Permit from the USFS and operates in the summer and winter for recreation and dining. The Pine Creek Cookhouse was destroyed by fire in the spring of 2003. The Cookhouse was rebuilt and re -opened in December 2003. Considering the building was destroyed by fire, the BOCC allowed certain employee mitigation to happen at a later date. To date, AST has built two one - bedroom units on private land adjacent to the Cookhouse at a land/building cost of about $1,200,000. AST has paid cash in lieu for additional mitigation. Remaining mitigation: 2 one -bedroom units; and 1 three-bedroom unit. The USFS has told Pitkin County Community Development officials that it does not want AST to build the three bedroom caretaker/employee unit near the Cookhouse. AST operates on the National Forest and must follow the requirements of the USFS or risk being out of compliance. Status - As directed by the USFS and the Forest Supervisor, AST has designed and will build a new arrival center/ski shop and two one bedroom employee units at the site of the old King Cabin. AST has been issued permits and has finish construction on a buried power line to the area, as well as a septic system that will service the arrival center and employee units. To date, AST has not received building permits for the arrival center and employee units, as the USFS had given the wrong well coordinates to the Colorado Division of Water Resources. AST expects this issue to be resolved and that Pitkin County will issues the permits for AST to commence building the arrival center and employee units. A final completion schedule will be devloped when the permits are issued. Request - AST requests the BOCC consider the alternative cash in leu for the three bedroom unit that the USFS wants to eliminate from the Cookhouse area of the National Forest. N RECEPTION#: 606459, 1 211 21201 3 at 12:22:13 PM, 1 OF 2, R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO, APPROVING AN AMENDMENT TO THE ASHCROFT SKI TOURING AREA SKI-REC MASTER PLAN TO EXTEND THE DEADLINE FOR CONSTRUCTION OF THREE EMPLOYEE HOUSING UNITS Administrative Decision No/ -2013 RECITALS I . John Wilcox, hereafter "Applicant", as owner of Ashcroft Ski Touring, Inc., has applied to the Board of County Commissioners of Pitkin County, Colorado, hereafter "BOCC", to amend the Master Plan approval granted pursuant to BOCC Resolution No. 052-2001 (and subsequently amended), with regard to employee housing mitigation. The Applicant is requesting to extend the deadline for construction of the three employee housing units (two one -bedroom units adjacent to the King Cabin and one three-bedroom unit adjacent to the Pine Creek Cookhouse) from December 31, 2013 to December 31, 2014. The units will be located on U.S. Forest Service land. 2. The Ashcroft Ski Touring Area is located in the Aspen Ranger District of the White River National Forest, in Sections 31, 32, 5, 6, 7 and 8, ,townships I I and 12 South, Range 84 West of the 6th P.M. 3. Ashcroft Ski Touring, Inc. is permitted by the U.S. Forest Service to operate the Ashcroft Ski Touring Area. The Ski Touring Area is comprised of approximately 736 acres with 18.5 miles of nordic ski trails, and is zoned SKI-REC. The Montezuma Mill Site is a privately owned parcel located to the south of the Pine Creek Cookhouse, which is also zoned SKI-REC. 4. The BOCC approved the Ashcroft Ski Touring Ski Area AF -SKI (now SKI -REQ Master Plan pursuant to BOCC Resolution No. 052-2001. The affordable housing mitigation provisions of Resolution No. 052-2001 were amended pursuant to Resolution No. 111-2003, Administrative Decision No. 111-2005, Resolution No. 082-2006, Resolution No. 027-2007, Resolution No. 056- 2007, Resolution No. 037-2008, Resolution No. 143-2008, Resolution No. 99-2009 and 119-2011. 5. The Master Plan requires the Applicant to mitigate for 16.4 full-time equivalent employees (FTEs). The Applicant previously committed to comply by providing two one - bedroom units on the Montezuma Mill Site (built), two one -bedroom units adjacent tootch Ing Cabin (not built) and one three-bedroom residence behind the Cookhouse (not built), h combined mitigate for 10 FTEs; payment of an employee housing impact fee of $53,393.75 to mitigate for 6.25 FTEs (paid); and a housing payment -in -lieu of $29,378.10 to mitigate for 0.15 FTEs (paid). 6. As required by BOCC Resolution No. 99-2009, the Applicant executed a Covenant Concerning Sale of Property Prior to Completion of Employee Housing Units as Required by Ashcroft Ski Touring Area SKI-REC Master Plan, which Covenant is recorded as Reception No. 582565 in the records of the Pitkin County Clerk. As required by BOCC Resolution No. 119-2011, an amended Covenant was recorded as Reception No. 586982. 2013. NJ The BOCC considered the request at regular meetings on November 6 and December 4, Resolution No. _-2009 Page 2 8. The BOCC found that it is appropriate to extend the deadline established in BOCC Resolution No. 119-2011 to provide additional time for completion of the remaining three employee housing units, and directed staff to prepare an Administrative Decision granting a one year extension with conditions. THE DIRECTOR DOES HEREBY APPROVE an amendment to BOCC Resolution No. 119-2011 to extend the deadline for construction of the three-bedroom employee housing unit adjacent to the Pine Creek Cookhouse and the two one -bedroom employee housing units located adjacent to the King Cabin to December 31, 2014, by which date the units shall be constructed, deed restricted and have obtained Certificates of Occupancy. Approval is subject to the following conditions, which shall run with the land and be binding on all successors in interest: I. The Applicant shall adhere to all representations made in the application and in public meetings and hearings. 2. Failure to comply with the December 31, 2014 deadline shall result in revocation of the approvals and permits for the Pine Creek Cookhouse and prevent operation of the Cookhouse in the winter of 2014-15 until all conditions are met. 3. Prior to March 1, 2014, the Applicant shall submit building permit applications for the three employee housing units to Pitkin County. 4. Prior to June 1, 2014, the Applicant shall submit a demolition permit application for removal of the yurt to Pitkin County; the yurt is serving as the temporary arrival center pending construction of a new King Cabin. 5. By July 1, 2014, construction of the three employee housing units shall have commenced. If construction has not commenced, the Applicant shall submit an application to Community Development by July 31, 2014 to amend the SKI-REC Master Plan to provide alternative mitigation, such as payment of the applicable housing impact fee. f APPROVED by the Director, this 11LUay of t�g�O13. n e��_nl Y,av >P t,i C.iF C y tiouben, Community Development Director PID #2999-05 P 141-06 Ll PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Suzanne Wolff PHONE: (970) 920-5093 TATE: 2/4/14 LOCATION: Castle Creek Road —Ashcroft Ski Touring Area ZONE: SKI-REC PARCEL SIZE: Ski Touring Area is 735 acres (portion of White River National Forest PARCEL ID #s: 2999-05 OWNER/APPLICANT: John Wilcox, Ashcroft Ski Touring Unlimited Inc. EMAIL: aap@rof.net Type of Application: Amendment to Development Permit Description of Project/Development: The Applicant is requesting to amend the affordable housing mitigation requirements of the Ashcroft Ski Touring Area SKI-REC Master Plan (approved by BOCC Resolution No. 052-2001, and subsequently amended) to provide alternative mitigation. The Applicant is currently required to construct three employee housing units on-site — two one -bedroom units adjacent to the King Cabin and one three-bedroom unit adjacent to the Pine Creek Cookhouse. Administrative Decision No. 82-2013 requires the Applicant to submit building permit applications for the three units to the County by 3/1/14 and to commence construction of the units by 7/1/14. If construction has not commenced by 7/1/14, the Applicant is required to submit an application to Community Development by 7/31/14 to amend the SKI-REC Master Plan to provide alternative mitigation. Land Use Code Sections to address in letter of request/application: r 2-20-150, Amendments to Development Permits 8-30, Employee Housing Impact Fee Review by: BOCC Public Hearing? NO. Staff will refer to: Housing, US Forest Service —Aspen Ranger District FEES: $1,671 (make check payable to "Pitkin County Treasurer') $936 Planning flat fee (non-refundable; based on 3 hours of staff time; if staff review time exceeds 3.6 hours, the Applicant will be charged for additional time in excess of 3 hours at a rate of $312/hour) $360 Housing ;w $375 Clerk To apply, submit 5 copies of the following information, unless noted otherwise: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing (in detail) each of the provisions of the Pitkin County Land Use Code identified above and sufficient to demonstrate that all substantive review criteria have been met. 2. Disclosure and proof of ownership of the property. 3.Street address (if any) and parcel description, including legal description, and 8-1/2"x 11" vicinity map locating the subject property within Pitkin County; 4. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees (1 copy) (form attached); 5. This Pre -Application Conference Summary Sheet (1 copy) J PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). ALL MAPS SHALL BE FOLDED. v This pre -application 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 a complete review of the application. l_D PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and FOLLOWS: (hereinafter APPLICANT) AGREE AS APPLICANT has submitted to COUNTY an application for THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 022-2006 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the County's policy that development shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. 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. 6. 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 a base fee in the amount of $ which is based on_ hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. 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 Cindy Houben Community Development Director Effective 7/26/06 G:county\admin\forms\agreement to pay APPLICANT Print Nami Mailing Address: ir Z 8f7/2014 Pitldn County Mail - Ashcroft- request to amend AH mtigation requirements i�l Y'11sI� Ashcroft - request to amend AH mitigation requirements Suzanne Wolff<suzanne.wolff@pitkincounty.com> Thu, Aug 7, 2014 at 1:05 PM To: Cindy Christensen<cindy.christensen@cityofaspen. com>, Martha Moran <mmoran@fs.fed.us> Hi! John Wilcox has submitted a request to amend his housing mitigation requirements to pay the applicable housing impact fee rather than construct a 3 -bedroom unit in the \icinity of the Cookhouse. As you can see in the Administrative Decision attached to John's letter, this amendment was anticipated when we met last with BOCC in December 2013. We plan to take this to BOCC on 8/27, as John needs to get this cleaned up in order to get his financing so he can get to work on the King Cabin and the other 2 units to be built by the King Cabin. Martha - it would be helpful if you could put something in writing to confirm that the USFS does not support the construction of the 3 -bedroom unit. My packet for the 8/27 meeting will go out 8/20, so please get comments to me before then if possible. Sorry for the quick tum around! Please note that Pitkin County email addresses have changed. Please change your contact list to reflect my newaddress. Thank you! 8-6-14 ashcroft AH amendment request.pdf 189K httDs://mail.aooale.corrYmail/?ui=2&ilre34619b968&,A v Dt&search=sent&th=147bldcf10alf679&surY=147bldcf10a1f679 1/1 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 S. Galena Street Aspen, Colorado 81611 PHONE# (970) 920-5526/FAX# (970) 920-5439 August 7, 2014 John Wilcox 314 South Second Street Aspen, CO 81611 aap@rofnet Re: Ashcroft Ski Touring Unlimited Inc Amendment to Development Permit (PID #2999-050-00-000; CASE# P068-14) Dear Mr. Wilcox The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. We have scheduled this application for review by the Board of County Commissioners on Wednesday, August 27, 2014, at a meeting to begin at 12:00 P.M. in the Plaza One Meeting Room at 530 East Main St., Aspen. Should this date be inconvenient for you, please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Community Development Department. If you have questions, please call Suzanne Wolff, the planner assigned to your case, at 920-5093. Sincerely, Bonnie Shiles Administrative Assistant PITKIN ("AUNTY COMMUNITY DEVEL�DMENT Permit Receipt RECEIPT NUMBER 00036536 Name: Ashcroft Ski Touring Unlimited Date:8/6/2014 Project Address: 11399 CASTLE CREEK RD Type: Permit Number 0068.2014.PLAN 0068.2014.PLAN 0068.2014.PLAN check # 20031 Fee Description Amount PP- Flat Fee 936.00 PP- Clerk Fee 375.00 PP- Housing Referral Fee 360.00 Total: 1.671.00