HomeMy WebLinkAboutbocc.res.133.2006
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RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,
APPROVING THE OWSLEY MINOR AMENDMENT TO A DEVELOPMENT PERMIT TO AMEND A
CONDITION OF P&Z RESOLUTION NO. 99-2
Resolution No.L33-2006
RECITALS
Ann Owsley ("Applicant"), has applied to the Board of County Commissioners, ("Board"), pursuant to Section 2-
20-150(b) of the 2006 Pitkin County Land Use Code ("Code"), to amend language of a previously approved
Planning and Zoning Commission Resolution to correctly represent existing floor area at the Woody Creek Store/
Tavern .
I. The application was received after July 61h, 2006 and therefore is reviewed under the 2006 Land Use Code.
2. The property is zoned B-1, contains approximately 9,917 sq. ft., and is conforming in size.
3. The parcel is located on River Road in Woody Creek. PID#: 2643-161-05-812 (Legal Description, Exhibit
A).
4. The parcel was created by a Fully Developed Land Subdivision Exemption Plat approved in 1999 by P&Z
Resolution No. 99-2 and is recorded at Book 54, Page 76.
5. The Board heard comments and testimony on the request at a regular meeting on October 25,2006, and found
the request to be in conformance with Code standards.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS THAT, the
Owsley request for a Minor Amendment to a Development Permit to amend P&Z Resolution No. 99-2 is approved
subject to the following conditions:
I. The Applicant shall adhere to all material representations made during the application process.
2. Condition # 13 of P&Z Resolution No. 99-2 (Rec. No. 432410) shall be rescinded and reinstated to say: The
Applicant may reconfigure the footprint of the building as shown on Applicant's Exhibit 9 of the 1998
application, provided the building floor area does not exceed 6,050.5 sq. ft. in the configuration as represented
in the application of Ann Owsley (P21 0-06) approved on October 25, 2006, and attached hereto (Exhibit B).
(Floor area does not include existing outdoor seating and waiting areas).
3. All conditions of P&Z Resolution No. 99-2 shall remain in full force and effect except as amended herein.
4. There shall be no increases in floor area without further review by the Board.
5. Any replacement/redevelopment of the facility must meet Land Use Code standards and criteria in effect at
the time of /replacement/redevelopmenl.
6. Lighting and signage must be brought in to Code compliance.
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Resolution No. /33 - 2006
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7. Any structures associated with outdoor dining in required setbacks must receive appropriate variances if
required or be removed.
8. Tavern operations and uses must be in conformance with the Agreement between the Woody Creek
Homeowners Association and the Harrises, dated August 28, 2000, (Exhibit C).
9. The basement of the "Store" area shall be limited to kitchen, clerical, and storage uses. The second floor of
the "Store" shall be limited to office uses.
10. Failure to comply with the conditions of this approval may result in revocation of this approval, or any
subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property.
APPROVED AND ADOPTED ON THE 25th DAY OF OCTOBER, 2006
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ATTEST:
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BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Jea1ette Jones
Deguty Clerk and Re rder
By
OXtL ~. - C1 tL ,'j, ({.,)
Date 1/ - c: ::$Cj,
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
~ fr"-' --J
John Ely '. -
County Attorney
if: ~ ^,p (9..vt .&"Q!.
Cin y ouben
Community Development Director
264316105812
P21O-06
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A parcel ofIand ci'",,'P.d in Section 16, Township 9 South, Range ~_ West .r the
Sixth Fri. ~.....l )Aeririffln Pitkin r......- CoIoado said stnp' of'l:mdbcin more
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paI1icuIarly describe!i as fuDows:
Corn~ at a point on tile westerly rigbt-of-way line of the Den'Ier l: Rio
Gr.mde Railroad, wbeoce the NoIth % coma DC said SccIion 16 beats <<>rth
15"00' 4T West 563:fi:d;
tbence South 90"00'llif West 61.611i:et 10 a point on the ~ fight-o "way
line of an exisling COlIIIty mad as in pJace;
tbence South 23"51'W East 29121 feet along said westerly line to the Po nt of
~,ginm..g;
tbence rnntimring aIongwesrerly line South 23051 '20" East &1.111'eel;
tbence ....';.H.i,og along ~ line 38..461i:et along tile arc DCa cone' 3 tbe
right having a l3dins of1l5OJlO li:et.. and a centnd angle DC02"35'34'" anda :hoEd
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1beDce leaving said "....a...ljline South 61"22'10 West 1157:fi:d;
1beDce North 32"26'O}" West 62,11 :fi:d;
tbence North 23014'42" West 62.95:fi:d;
1beDce North 6604SIlt'" Fast &1.11 :reet 10 the Point ofBeginnn.g
Also described as TAVERN PARCEL, FULLY DEVEl.OI'ED I.~.
SUBDIVISION OF THE WOODY CREEK MOBILE BOMEPARKlfAV >aN,
accoRling 10 tbe Plat thereof recorded November S, 2000 iBPJat Book 54 at Page
16 as Reception No. 448662-
also known by _ and nmnber as: 0002 Woody Cn:ekPlace, WOOlly Creel<, Colora4o 31156
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8/7/06
To:
From:
Pitkin County Community Development
Shep & Mary Harris
Woody Creek Tavern
Minor Amendment to a Development Permit
Location: Upper River Road
I.D. # 264316105812
Re:
Enclosed is our drawing of the Woody Creek Tavern space, including
the patio dining area and the wait area, as well as the "old post office"
space now used as The Lefner Gallery.
The attic space that is 5'6" or over, is 80" wide by 40' long, for a total
of 270 sq ft. The Tavern area is 2090.5 sq. ft. The Lefner Gallery is
420 sq. ft. The patio dining area is 948.5 sq. ft. The wait area is 620
sq. ft. The total is 4,349 sq ft.
We ha"e also included our Deed of Trust dated 1/30/01, and our
Special Warranty Deed dated.November 2003.
If you have any questions, please give us a call at 963-0319.
Thank you,
Shep Harris
Mary Harris
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SEP-10-01 15,08 FRQH:HOLLAND&HART
ID,8708259367
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AGREEMENT
This Agreement is made by and between the Woody Creek Homeowners
Association ("Association") and Edson Sheppard Harris III and Mary Harris (collectively
"Harris") as oftbe4- day Of~ :ZOOO.
Recitals
WHEREAS, the Aspen Pitkin County Housing Authority ("AAPCHA") is the
current owner of property in Pitkin County, Colorado. described in Exhibit A hereto; and
WHEREAS, APCHA intends to sell the Property in two separate parcels, known
as "Woody Creek Tavern Parcel", or "Tavern Parcel" and the "Woody Creek Mobile
Home Park Parcel", or "Park Parcel"; and
WHEREAS, Harris leases the Woody Creek Tavern Parcel from APCR<\. and are
under contract to purchase such propeny; and
WHEREAS. the members of the Association lease spaces in the Woody Creek
Mobile Home Park Parcel, and the Association or its members intends to purchase the
Park Parcel from MCHA. which intends to make such cOllveyance, and
WHEREAS. in order to effectuate the transactions referred to above, APCHA
obtained approval from Pitkin County for a fully developed lands subdivision exemption,
pursuanl to Resolution No PZ99-2, recorded at Reception No. 432410 of the recClrds of
Pitkin CClunty; and
WHEREAS, a final' plat is to be recorded, reflecting the above-referred approval
and identifYing the two separale parcels in accordance with the legal descriptions
attached hereto as Exhibits B (Woody Creek Tavern Parcel) and C (WOOdy Creek
Mobile Home Park Parcel); and
WHEREAS, the parties desire to sel forth in tbis Declaration certain agreements
regarding the operation and development of the Tavern Parcel as commercial space
neighboring residences in the Park Parcel.
WITNESSETH
1. ("",neral Tavern Parcel Back Porch and Patio Operation. The west and
back side of the raven Parcel constituting the existing back porch and patio shall be
kept reasonably neat and orderly for the benefit of the immediate back side neighbors,
subject to the acknowledgment that this area includes without limitation the storage,
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refrigeration, garbage collection, recycle collection, delivery, and outdoor use area for
the operation of a restaurant and bar. To the extent praclical and as permitted by the
zoning for lhe Tavern Parcel, areas under exil:nding roofs shall be screened. The Owner
of the Tavern Parcel may consider fencing as appropriate, in such owner's discretion, for
screening purposes so long as lhe operation and functional uses of such area are not
adversely affected and the zoning permits.
2. Future Land Use ADDrovals. The present improvements on the Tavern
Parcel equal or exceed the allowable floor area ratio for the property under the Pitkin
County land Use Code. At the time the application for subdivision of the of the Park
Parcel is submitted to Pitldn County. the owners of the Tavern Parcel shall submit to
Pitkin Counly an application to improve and enclose a substantial portion of the back
porch area on the Tavern Parcel in order to use such area for storage, delivery,
refrigeration, and other appropriate uses associated with the operation of the Tavern
Parcel. The submission shall include, without limitation, (I) the elimination of the
smoking lounge and storage shed on the north side of the Tavern Parcel, (II) relocation
of the compressor off of the roof as a part of the plan, and (III) enclosure of the recycle
bins and dumpster (assuming that the dumpster can be pushed back toward shed and
enclosed with the shed walls subject to feasibility and the ability for it to be picked up by
the waste management service and there being no added costs associated with the trash
pick.up) and shall at lhe very least include a request for a six foot high fence to be
installed along the back porch.
a. The owners of the Park Parcel shall support such application
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b. The owners of the Tavern Parcel agree to use reasonable efforts to
secure approval of such submission.
c. Within a reasonable time after the approval of the submission by
Pitkin County, the owners of the Tavern Parcel shall implement such approval; provided
however. that such approval does not contain conditions, stipulations, or provisions that
are unacceptable to the owner of the Tavern Parcel or result in the requirement to spend
significant funds to fulfill.
d. The owners of the Tavern Parcel shall implement the acceptable
approvals, subject to the provisions set forth herein, within one year after securing the
same, subject to the availahiuty of institutional financing upon terms acceptable to the
OWner of the Tavern Parcel and subject to acceptable land use terms and conditions.
e, In the event such approval is not received or the approval received
is unacceptable and approval for a fence is received, the owners shall install a fence
along the back portion of the property to enclose the activities that take place in the back
portion of the Tavern Parce~ including without limitation, the recycle bins.
4. Uses of the Property. This Dedication has been adopted with the
expectation that lhe uses currently in place upon rhe two parcels shall remain
2
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substantially lhe same in the future, as stated in Resolution No. PZ 99-2. To the extent
that there IS a substantial change in the nature or extent of the use on either parcel, the
owner of the other parcel shall have the right to seek reviews by Pitkin County to assure
compliance with the Pitkin COUD1Y Land Use Code, In the event of a development
approval by Pitkin County that affecls the use and maintenance of the roads, the ownerS
of the parcels shall agree on appropriate revisions hereto, or shall submit any
disagreement to binding arbitration. Notwithstanding the foregoing, it is acknowledged
by APCHA thai there is currently being contemplated an expansion of the use ofthe Park
Parcel 10 include up to fifteen (15) additional residential units. It is hereby agreed that
such expansion is not considered to be substantial change in the nature or extent of the
use of the Park Parcel which would trigger the renegotiation or arbitration provisions of
this paragraph. II is also acknowledged and agreed that, while there will be no expansion
of the historic maximum restaurant seating in the Woody Creek Tavern (49 seats on the
patio, 67 seats inside the existing restaurant, and 21 chairs and one swing used for
waiting customers who will Dot be pro,ided service when outside Oflhe existing and
historic service area), the Woody Creek Tavern may use the adjacent space (the site of
the former post office) as a part of its commercial use and the front of the Woody Creek
Tavern area consistent with the permitted uses in such resolution and the Pitkin County
Land Use Code, including without limitation the relocalion oflbe pool table from the
restaurant into such space and use of waiting customers for the restaurant wbo will not
be provided wilh service in such area,
The parties agree that lhe area immediately behind the gallery area will be kept in
a neal and ordedy fashion. In addition, there will be no slorage immediately behind the
gallery area.
In witness whereof, parties have executed this Agreement as of the date first
above written.
::OdYSt=?~n
President
Edson Sheppard Harris
'--"dla / ullfu~ '
Mary Harris
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2651S36_5.DOC
530997
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