HomeMy WebLinkAboutbocc.res.101.2005RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, APPROVING THE FLYING DOG RANCH SPECIAL REVIEW
USE PERMIT EXTENSION
Resolution No./0i -2005
RECITALS
Flying Dog West Ranch Inc. ("Applicant") has applied to the Board of County Commissioners
of Pitkin County, Colorado ("BOCC") to extend the special use permits granted pursuant to
Resolution Nos. 161-2000 and 127-2001 for the following uses:
· Reception Hall and Meeting Facility: to host receptions, meetings, and similar activities
in the barn and the adjacent botanical gardens;
· Guest Ranch: to lodge guests on a short-term basis in an existing cabin and to construct a
second cabin for the use;
· Arts and Crafts Studio
The property is located at 1625 Prince Creek Road, and is more specifically described in Exhibit
The property is zoned RS-30, and is comprised of two pamels containing a total of 422 acres.
Both parcels are subject to a conservation easement held by the Aspen Valley Land Trust. The
"headquarters parcel" is the subject of this application and includes the existing residence, bam,
and guest cabin, aud contains 11.88 acres. This area is located within the 224 acre parcel and is
not a separate, legal parcel. The "headquarters parcel" is shown in Exhibit "B.'
The BOCC approved a one year trial special review use permit for the uses listed above pursuant
to Resolution No. 99-75, and also granted 1041 hazard review approval and designated the
"headquarters parcel" to the County's historic inventory. The Applicant applied and was granted
an extension of the permit pursuant to BOCC Resolution No. 161-2000; this Resolation granted
a one year permit for the event facility and a five year permit for the guest ranch cabins and arts
and crafts studio. The Applicant then applied for and was granted a four year extension of the
permit for the event facility, pursuant to BOCC Resolution No. 127-200 I. The permits expire at
the end of July, 2005.
The BOCC reviewed the application at a duly noticed public hearing on July 13, 2005, at which
time evidence and testimony were presented with respect to this application.
The BOCC finds that the limited proposed commercial uses (subject to the specific conditions
set forth herein) represent 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.
The BOCC further finds that the Applicant has complied with the conditions of Resolution No.
161-2000, and that the impact of the uses 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.
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SILVIA DAVIS PlTKIN COUNTY C0 R 0.00 D 0.00
Resolution No./~[ -2005
Page 2
NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby approve the
Flying Dog Ranch Special Review Permit Extension, subject to the following conditions:
This permit for a reception hall and meeting facility, two guest ranch cabins and an arts and
crafts studio shall expire I 0 years from the date of approval of this resolution. 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 at least 45 days prior to
the anniversary of the BOCC's approval, 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 maximum of 40 functions per calendar year shall be allowed, subject to the
following limitations:
1)
2)
3)
4)
Maximum of 3 functions per week, only l of which may accommodate
more than 50 attendees;
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;
Maximum of 10 functions of up to 100 attendees per year;
Maximum of 20 functions of less than 50 attendees per year.
A maximum of 60 vehicles shall be allowed on-site during any function,
including vehicles for staff for functions, occupants of the guest cabins, workers
utilizing the arts and crafts studios, and residents of the property. Parking shall
be prohibited on Prince Creek Road.
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
service, except when a glass of wine or a beer is served following a meetiug or
seminar.
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.
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
Resolution No./~[ -2005
Page 3
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.
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.
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)
2)
3)
4)
5)
6)
7)
Require alcohol servers to show proof of TIPS (alcohol server) training.
Require all vendors who serve at the facility to have an established drug
free workplace policy.
Require that non-alcoholic beverages be available at no charge for
designated drivers.
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.
Require food to be served when alcohol is being served.
Provide water at all functions.
Prohibit use of alcohol or other drugs by staff, vendors and volnnteers on
duty.
J. Food shall not be prepared on-site, nor shall dishes be washed on-site.
Provide monthly reports to the Environmental Health Department documenting
the water usage, particularly the water usage per event. Water usage shall not
exceed the capacity of the sewage treatment system.
4. Guests using the barn facilities and guest cabins shall keep dogs leashed at all times.
Retail sales of products prepared in the arts and crafts studio are prohibited on-site. No
studio shall be allowed that could produce toxic or hazardous waste.
Only two guest ranch cabins may be rented for overnight lodging ou a short-term basis; the
cabins may not be rented long-term. Each cabin shall contain no more than two bedrooms
and 2,500 square feet.
The guest cabins may not be sold separately, or converted to condominiums or
thneshares, and shall uot be considered as separate units for density or sale purposes.
The 1940s barn shall not be demolished and replaced with the second guest ranch cabin.
The barn may be renovated to accommodate the second guest ranch cabin or may be
repaired and retained as a barn, subject to approval by the Historic Preservation Officer.
1041 hazard review may be required to approve the location of the second guest ranch cabin.
Page: a of 7
Resolution No./O/ -2005
Page 4
The Applicant shall adhere to all material representations made in the application or in
public meetings and hearings.
10.
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.
I1.
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 12th day
of June, 2005.
APPROVED AND ADOPTED this 13th of July, 2005.
)~ h;tte)ones, Clerk ti-the BOCC
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By . Patti Kay-Cl~pper, Cha(r r
Date 05t ' oq ::]' ' 05-
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
ney
Case #P108-05
PID #246314200008
Cil~) Houben,
Community Development Director
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SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00