HomeMy WebLinkAboutbocc.res.040.2015RECEPTION#: 620616, 06/11/2015 at
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1 OF 7, R $0.00 Doc Code RESOLUTION
Janice K. Vas Caudill, Pitkin County, CO
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITHIN
COUNTY, COLORADO, APPROVING THE FLYING DOG RANCH WEST INC.
SPECIAL REVIEW USE PERMIT EXTENSION
Resolution No.()7U-2015
RECITALS
1. Flying Dog West Ranch Inc. ("Applicant") has applied to the Board of County Commissioners
of Pitkin County, Colorado ("BOCC") to extend the special use permit granted pursuant to
Resolution No. 101-2005 for a Meeting Hall/Conference Center.
2. The property is located at 1625 Prince Creek Road, and is more specifically described in Exhibit
"A
3. "rhe property is zoned RS -30, and contains approximately 224. The parcel is subject to a
conservation easement held by the Aspen Valley Land Trust.
4. The BOCC approved a one year trial special review use permit pursuant to Resolution No. 99-75
for two guest ranch cabins, use of the barn and gardens for events, and an arts and crafts studio;
and also granted 1041 hazard review approval and designated the "headquarters parcel' to the
County's historic inventory.
5. The BOCC granted an extension of the permit pursuant to Resolution No. 161-2000; this
Resolution granted a one year permit for the event facility and a five year permit for the guest
ranch cabins and arts and crafts studio.
6. The BOCC granted a four year extension of the permit for the event facility, pursuant to
Resolution No. 127-2001.
7. The BOCC granted a 10 year extension of the permit for the event facility, the guest ranch cabins
and the arts and crafts studio, pursuant to Resolution No. 101-2005. 'rhe permit expires on July
13, 2015.
8. The Community Development Director granted Activity Envelope and Site Plan Review
approval to construct the second guest ranch cabin (south cabin), pursuant to Administrative
Decision No. 039-2007; the Site Plan is recorded in Plat Book 84 at Page 47. The south cabin
was completed in 2007.
9. The BOCC granted approval to change the use of the two guest ranch cabins to residential use,
designated the north cabin, log barn and milk barn to the Historic Register and listed the Main
House on the Historic Inventory; and granted incentives for the historic designation, including an
additional 2,500 square feet of residential floor area to expand two of the residences, and
permission to have three principal dwelling units on one property; pursuant to Resolution No.
013-2012.
10. The BOCC reviewed the application at a duly noticed public hearing on May 27, 2015, at which
time evidence and testimony were presented with respect to this application.
Resolution Nod 16-201.1
Page 2
1 I . The BOCC finds that the limited proposed commercial use (subject to the specific conditions set
forth herein) represents an effort to address the economic issues associated with retaining land in
ranching and agriculture, which is consistent with the County's policies and the intent of the RS-
30/PUD zone district to promote the economic viability of and to preserve agricultural lands and
operations and to preserve the scenic quality of the ranch.
12. The BOCC further finds that the Applicant has complied with the conditions of Resolution No.
101-2005, and that the impact of the use on the character of the surrounding residential and
agricultural area, and on the quality of life of the residents of this area, has been minimized,
given the conditions, limitations and mitigation measures specified in said Resolution.
13. The BOCC further finds that an Accessory Arts and Crafts Studio is now an allowed use in the
RS -30 zone district, and, therefore, no longer requires special review approval.
NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby approve the
Flying Dog Ranch West Inc. Special Review Permit Extension, subject to the following conditions:
This permit for a reception hall and meeting facility shall expire on July 13, 2025. Prior to
the expiration of the permit, the permit shall be reviewed by the BOCC at a public hearing
to evaluate an extension of the permit or any changes to the conditions. The Applicant shall
submit an annual report to the Community Development Director by June I of each year,
which demonstrates the continued conformance of the use to the conditions of the permit.
If the Director determines that the use is not in conformance with the conditions of the
permit, the Director may recommend to the BOCC that it consider withdrawal of the permit,
pursuant to a duly noticed public hearing.
The special review uses approved herein shall be discontinued within sixty days if the
ranch operation is abandoned.
The Applicant shall comply with the following conditions regarding use of the barn and
gardens for events:
A. A maximum of 40 functions per calendar year shall be allowed, subject to the
following limitations:
1) Maximum of 3 functions per week, only I of which may accommodate
more than 50 attendees;
2) Maximum of 10 functions of up to 150 attendees per year, 5 of which may
have amplified music and 5 of which may not have amplified music; with
no more than 2 events of up to 150 attendees in any month;
3) Maximum of 10 functions of up to 100 attendees per year;
4) Maximum of 20 functions of less than 50 attendees per year.
B. A maximum of 60 vehicles shall be allowed on-site during any function,
including vehicles for staff for functions and residents of the property. Parking
shall be prohibited on Prince Creek Road.
C. A shuttle service shall be provided for functions of more than 50 attendees or for
any function at which alcohol is served. The Applicant shall provide written
proof of permission to park vehicles off-site when the shuttle service is provided.
When alcohol is served at a function, guests shall be required to utilize the shuttle
Resolution NoDLO-2015
Page 3
service, except when a glass of wine or a beer is served following a meeting or
seminar.
D. Amplified music of all kinds shall end by 7:00 PM. Functions may not continue
outdoors after dark; functions shall move indoors if they continue after dark, and
the barn doors and windows shall be closed at that time.
E. The Applicant shall utilize shielded lighting fixtures on the barn that direct light
down to minimize the impact of any lights on the neighbors.
The Applicant shall maintain records of the number and type of functions, hours of
functions, the number of people in attendance, the number of staff and/or service
personnel, the number of passenger vehicles, the number of shuttle trips and the
number of people who ride the shuttles, number of events at which alcohol is
served, etc.
G. The Applicant shall keep a record of any complaints received, including the nature
of the complaint, the name of the complainant, the date and time of the alleged
violation, and the response thereto.
H. The Applicant agrees not to engage in any use that requires a liquor license;
otherwise, the Applicant shall comply with all applicable state and local liquor
licensing laws and regulations.
The Applicant shall comply with the Chemical Dependency Task Force's
recommendations, as follows:
1) Require alcohol servers to show proof of TIPS (alcohol server) training.
2) Require all vendors who serve at the facility to have an established drug
free workplace policy.
3) Require that non-alcoholic beverages be available at no charge for
designated drivers.
4) Limit hours of alcohol service for functions: do not start serving alcohol
until after 12:00 PM and stop serving alcohol at least one hour before an
event ends.
5) Require food to be served when alcohol is being served.
6) Provide water at all functions.
7) Prohibit use of alcohol or other drugs by staff, vendors and volunteers on
duty.
Food shall not be prepared on-site, nor shall dishes be washed on-site.
K. By December 31, 2015, the Applicant shall obtain a renewable use permit for the
on-site wastewater treatment system for the barn from the Environmental Health
Department. The permit will require that the system be inspected every two
years, and the inspection report shall be submitted to Environmental Health.
4. Guests using the barn facilities shall keep dogs leashed at all times.
5. The Applicant shall adhere to all material representations made in the application or in
public meetings and hearings.
Resolution NoOL�-2015
Page d
6. Violation of the terms of this special review permit may be grounds for revocation of the
permit. The Community Development Director shall determine if an alleged violation
warrants consideration by the BOCC, in which case the BOCC shall consider and act on
permit withdrawal after a public hearing, notice of which shall be mailed to the Applicant
and published in a newspaper of general circulation in the County no less than 30 days prior
to the hearing.
The Applicant shall adhere to all material representations made in the application or in
public meetings and hearings.
NOTICE OF PUBLIC HEARING published in the Aspen Times Weekly on the 23rd day
of April, 2015.
APPROVED AND ADOPTED this 27'h of May, 2015.
Jones, Clerk 1'0 the BOCC
APPROVED AS TO FORM:
Jo y, County At y
Case #P032-15
PID #246314200008
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By 15AACe44 P C" [J
Steven F. Child, Chairman
Date % 0
APPROVED AS TO CONTENT:
Cordy Houben,
Community Development Director
Our Order No: QTF62004089
LEGAL DESCRIPTION
PARCEL B:
LOTS 6 AND 13 OF SECTION 14, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE SIXTH
PRINCIPAL MERIDIAN.
LOTS 9, 10 AND 11' OF SECTION 15, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE SIXTH
PRINCIPAL MERIDIAN.
EXCEPT THAT PART AS DESCRIBED IN DEED TO GEORGE L. THOMAS RECORDED MARCH.7, 1899
IN BOOK 85 AT PAGE 198.
PARCEL D
ALL THAT PART OF LOTS 2, 3, 4 AND 8 OF SECTION 14, TOWNSHIP 8 SOUTH, RANGE 88
WEST OF THE SIXTH PRINCIPAL MERIDIAN LYING WESTERLY OF THE FOLLOWING DESCRIBED
LINE:
BEGINNING AT A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF THE PRINCE CREEK
COUNTY ROAD WHENCE THE SOUTHEAST CORNER OF SAID SECTION 14 BEARS SOUTH 36
DEGREES 01'03" EAST 3879.18 FEET;
THENCE NORTH 25 DEGREES 59'14" EAST 327.36 FEET ALONG A FENCE;
THENCE NORTH 60 DEGREES 20'29" WEST 243.20 FEET ALONG A FENCE;
THENCE NORTH 00 DEGREES 19'05" WEST 365.01 FEET ALONG A FENCE;
THENCE NORTH 87 DEGREES 56'12" WEST 177.29 FEET ALONG A FENCE:
THENCE NORTH 82 DEGREES 18'17" WEST 204.62 FEET;
THENCE NORTH 69 DEGREES 1T50" WEST 133.95 FEET;
THENCE SOUTH 76 DEGREES 37'00" WEST 159.49 FEET;
THENCE NORTH 31 DEGREES 53'39" WEST 30.24 FEET ALONG A FENCE AND GATE;
THENCE NORTH 41 DEGREES 0711" WEST 62.53 FEET ALONG A FENCE;
THENCE SOUTH 88 DEGREES 39'41" WEST 230.87 FEET ALONG A FENCE;
THENCE NORTH 60 DEGREES 46'05" WEST 166.83 FEET ALONG A FENCE TO A CORNER ON THE
EASTERLY RIGHT OF WAY LINE OF SAID COUNTY ROAD;
THENCE NORTH 03 DEGREES 35'00" WEST 465.00 FEET ALONG A FENCE ON THE EASTERLY
RIGHT OF WAY LINE OF SAID COUNTY ROAD;
THENCE NORTH 01 DEGREE 54'35" WEST 1186.00 FEET MORE OR LESS ALONG SAID EASTERLY
RIGHT OF WAY FENCE LINE OF SAID COUNTY ROAD TO THE NORTHERLY LINE OF SAID LOT 9
OF SECTION 11, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL
'MERIDIAN.
EXCEPTING FROM PARCEL D THE FOLLOWING DESCRIBED PARCEL:
BEGINNING AT A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF SAID ROAD WHENCE THE
SOUTHEAST CORNER OF SAID SECTION 14 BEARS SOUTH 36 DEGREES 01'03" EAST 3879. 18
FEET;
THENCE NORTH 25 DEGREES 59'14" EAST 327.36 FEET ALONG SAID FENCE:
THENCE NORTH 60 DEGREES 20'29" WEST 243.20 FEET ALONG SAID FENCE;
THENCE NORTH 00 DEGREES 15'05" WEST 365.01 FEET ALONG SAID FENCE;
THENCE NORTH 87 DEGREES 56'12" WEST 177.29 FOOT ALONG SAID FENCE;
THENCE NORTH 82 DEGREES 19'17" WEST 204.62 FEET ALONG SAID FENCE;
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Our Order No: QTF62004089
LEGAL DESCRIPTION
THENCE NORTH 69 DEGREES 17'50" WEST 113.95 FEET ALONG SAID FENCE;
THENCE SOUTH 76 DEGREES 37'00" WEST 159.49 FEET ALONG SAID FENCE:
THENCE SOUTHil DEGREES 43'21" WEST 100.72 FEET;
THENCE SOUTH 71 DEGREES 25'51" WEST 203.12 FEET TO A POINT ON THE NORTHERLY
RIGHT OF WAY LINE OF SAID ROAD;
THENCE SOUTH 50 DEGREES 29'30" EAST 397.20 FEET ALONG SAID RIGHT OF WAY
LINE:
THENCE SOUTH 75 DEGREES 32'00" EAST 420.33 FEET ALONG SAID RIGHT OF WAY
LINE;
THENCE SOUTH 40 DEGREES 07'11" EAST 462.78 FEET ALONG SAID RIGHT OF WAY LINE TO
THE POINT OF BEGINNING.
ALSO EXCEPTING FROM PARCEL D, THE FOLLOWING DESCRIBED PARCEL
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 8, WHENCE THE SOUTHEAST CORNER OF
SAID SECTION 14 BEARS SOUTH 36 DEGREES 36'59" EAST 3916.14 FEET;
THENCE NORTH 89 DEGREES 56'50" WEST 758.46 FEET ALONG THE SOUTHERLY LINES OF
SAID LOTS 4 AND 8:
THENCE NORTH 12 DEGREES 59'06" EAST 418.45 FEET ALONG A FENCE AS CONSTRUCTED AND
IN PLACE TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF SAID ROAD;
THENCE SOUTH 75 DEGREES 32'00" EAST 363.13 FEET ALONG SAID RIGHT OF WAY:
THENCE SOUTH 65 DEGREES 37'25" EAST 80.00 FEET ALONG SAID RIGHT OF WAY:
THENCE SOUTH 43 DEGREES 08'00" EAST 350.75 FEET ALONG SAID RIGHT OF WAY TO A
POINT ON THE EASTERLY LINE OF SAID LOT 8;
THENCE SOUTH 00 DEGREES 16'39" EAST 28.76 FEET ALONG THE EASTERLY LINE OF SAID
LOT 8 TO THE SOUTHEAST CORNER OF SAID LOT 8, THE POINT OF BEGINNING.
AND ALSO EXCEPTING FROM PARCEL D, THE FOLLOWING DESCRIBED PARCEL:
A PARCEL OF LAND SITUATED IN LOTS 8 AND 9 OF SECTION 11 AND IN LOTS 3 AND 4 OF
SECTION 14, ALL IN TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL
MERIDIAN. LYING SOUTHERLY OF THE NORTHERLY LINE OF SAID LOTS 8 AND 9, AND
EASTERLY OF THE WESTERLY LINES OF SAID LOTS 4 AND 8, SAID PARCEL OF LAND IS
DESCRIBED .AS FOLLOWS:
BEGINNING AT A POINT ON THE SECTION LINE BETWEEN SAID SECTIONS 11 AND 14 WHENCE
THE WITNESS POINT TO THE SECTION CORNER COMMON TO SECTIONS 10, 11, 14 AND 15
BEARS SOUTH 85 DEGREES 16'32" WEST 300.16 FEET;
THENCE NORTH 00 DEGREES 16'47" WEST ALONG THE WESTERLY LINE OF SAID LOT 5,
413.52 FEET TO THE NORTHWEST CORNER OF SAID LOT 5;
THENCE NORTH 88 DEGREES 25'47" EAST 1476.31 FEET ALONG THE NORTHERLY LINE OF
SAID LOTS 8 AND 9;
THENCE SOUTH 02 DEGREES 28'39" EAST 852.51 FEET:'
THENCE ALONG THE NORTHERLY LINE OF A ROAD, SOUTH 73 DEGREES 33'21" WEST 1572.64
FEET;
THENCE NORTH 00 DEGREES 09'18" WEST 54.08 FEET TO THE SOUTHEAST CORNER OF LOT 5
OF SAID SECTION 14;
THENCE NORTH 00 DEGREES 09'29" WEST ALONG THE LINE BETWEEN SAID LOTS 4 AND 5,
790.57 FEET TO A POINT ON THE NORTHERLY LINE OF SAID SECTION 14, TO.THE POINT
OF BEGINNING.
000021
Our Order No: QTF62004089
LEGAL DESCRIPTION
EXCEPTING FROM THE ABOVE DESCRIBED PARCELS THE FOLLOWING DESCRIBED
A TRACT OF LAND SITUATED IN SECTIONS 14 AND 15, TOWNSHIP 8 SOUTH, RANGE 88 WEST
OF THE SIXTH PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO, DESCRB3ED AS
FOLLOWS:
BEGINNING AT A NO. 5 REBAR WITH YELLOW CAP #2376 BEING A POINT ON THE
SOUTHERLY LINE OF PARCEL "C" BOOK 300 AT PAGE 282, PFPKBQ COUNTY, AND ON THE
WESTERLY RIGHT OF WAY OF A COUNTY ROAD WHENCE THE CORNER COMMON TO SECTIONS
10, 11, 14 AND 15 BEARS NORTH 77 DEGREES 06' WEST 1824.21 FEET (A #5 REBAR WITH
RED CAP WHENCE A GARFIELD COUNTY BRASS CAP PROPERLY MARKED FOR A WITNESS
CORNER TO SAID SECTION CORNER BEARS SOUTH 00 DEGREES 28'29" EAST 27.18
FEET);
THENCE SOUTH 73 DEGREES 33'21" WEST 1536.64 FEET ALONG THE SOUTHERLY LINE OF
SAID PARCEL "C" BOOK 300 AT PAGE 282;
THENCE NORTH 00 DEGREES 09'28" WEST 54.08 FEET TO THE SOUTHEAST CORNER OF LOT
5 OF SAID SECTION 14 ACCORDING TO THE BOOK 300 AT PAGE 282;
THENCE ALONG THE NORTHERLY LINE OF LOT 4, SECTION 14 AND LOT 9 SECTION 15 SOUTH
89 DEGREES 42' WFST 1329.24 FEET TO THE NORTHWEST CORNER OF SAID LOT 9;
THENCE ALONG THE WEST LINE OF LOT 9, SECTION 15, SOUTH,, 295.24 FEET;
THENCE SOUTH 72 DEGREES 21'40" EAST 1299.89 FEET;
THENCE NORTH 63 DEGREES 34'40" EAST 1759.62 FEET TO THE WESTERLY RIGHT OF WAY
FENCE OF A COUNTY ROAD
THENCE ALONG THE WESTERLY RIGHT OF WAY FENCE OF A COUNTY ROAD
NORTH 02 DEGREES 13'30" WEST 294.22 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH AN ACCESS EASEMENT OVER AN EXISTING ROAD DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF THE HEREIN COVEYED PARCEL WHENCE
THE CORNER COMMON TO SECTIONS 10, 11, 14 AND 15 BEARS NORTH 15 DEGREES 47'45"
EAST 1350.42 FEET;
THENCE SOUTH 27 DEGREES 02' WEST 210.00 FEET;
THENCE NORTH 72 DEGREES 21'40" WEST 40.00 FEET; '
THENCE NORTH 11 DEGREES 03' EAST 208.56 FEET;
THENCE SOUTH 72 DEGREES 21'40" EAST 98.21 FEET TO THE POINT OF BEGINNING.
ALL IN THE COUNTY OF PITKIN
STATE OF COLORADO
000022