RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING THE REDSTONE 2016 LLC VILLAGE LODGE PRESERVATION (VLP) MASTER PLAN REVIEW, DESIGNATION OF HISTORIC STRUCTURES TO THE PITKIN COUNTY HISTORIC REGISTER AND GRANTING OF INCENTIVES, AND ACTIVITY ENVELOPE/SITE PLAN REVIEW

Resolution No. -2018

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. Redstone 2016 LLC, (hereafter "Applicant") has applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") for development of 3 separate properties.

3. The properties are addressed at 58 and 68 Redstone Boulevard. The parcels are generally described as the “Barn Parcel”, the “Carriage House Parcel”, and the “Castle Parcel” and are legally described in Attachment A.

4. The 3 parcels are located within the RS-30, AR-10, and AR-2 Zone Districts. The Barn parcel contains 42 acres, the Carriage House Parcel contains 36 acres, and the Castle parcel contains 72 acres. The 3 parcels total 150 acres.

5. The Castle Parcel contains the Redstone Castle (also known as the Cleveholm Manor), the “Hose House”, “Garden Shed”, and a “Gazebo” which have all been named to the National Register of Historic Places. The Redstone Castle was constructed in 1903 by the previous owner John C. Osgood and contains approximately 22,000 square feet of floor area. The Castle contains multiple bedrooms, a courtyard, and outdoor deck areas. The BOCC approved Resolution No. 82-188 which approved a “Seminar/Group Meeting Facility” and BOCC Resolution No. 080-2001 which approved a bed and breakfast, restaurant, and special event facility. The Castle Parcel has also received numerous permits for “Castle Tours” and wedding events. These previous approvals have expired and are no longer applicable, with the exception of the permit granted in 2017. The Castle Parcel is located within the designated Redstone Historic District.

6. The Carriage House Parcel contains the historic Carriage House that was also constructed by the previous owner Osgood in 1903. The Carriage House structure is approximately 5,800 square feet in size and contains a barn/garage on the 1st floor and a single-family residence on the 2nd floor. The Carriage House is also listed on the National Register for Historic Places. The Carriage House Parcel is located within the designated Redstone Historic District.

7. The Barn Parcel contains six structures including a non-historic barn, dog kennels, shed, and greenhousetwo garages/shops. Of these structures, the dog kennels are listed on the National Register of Historic Places and are subject to certain review standards when changes are made. The Barn Parcel also contains an historic ski lift that is currently non-functional. The Barn Parcel is located within the designated Redstone Historic District.

8. The Applicant has applied for the following development activities:

Village Lodge Preservation (VLP) Master Plan:

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VLP Master Plan approval for the properties that establishes permitted uses, further review uses, prohibited uses, and dimensional standards. The 3 main uses that are proposed for the subject properties are:

● Historic tours of the properties, ● Special Events, ● Commercial lodging including: ○ Hotel lodging within the existing Castle (10 lodging suites), Carriage House (2 lodging units), and Hose House (1 lodging unit), ○ Development of 8 additional cottages/cabins for rental purposes.

Historic Designation: Designation of the following structures, and areas around these structures, and areas of interest to the Pitkin County Historic Register:

 The Redstone Castle,  Carriage House,  Hose House,  Garden Shed,  Gazebo,  Dog Kennels,  Historic Entrance Gate,  Historic water reservoir on the Castle Parcel.

Activity Envelope and Site Plan Review The Applicant is requesting Activity Envelope and Site Plan approval for improvements depicted on Applicant’s Graphic Master Plan including site grading, private road work, parking expansions, tree screening, landscaping, trail work, to the existing private road that accesses the three subject properties, and utility upgrades. Site Plan review is required for future development of the 4 additional cottages on the Castle Parcel and 4 additional cabins and a staff housing unit on the Barn Parcel.

9. The BOCC finds that pursuant to Land Use Code Section 2-40-100, the request to establish a VLP Master Plan for the subject properties can be approved, subject to the conditions outlined below.

10. The BOCC further finds that pursuant to the Crystal River Valley Master Plan and the 1993 Redstone Master Plan, the proposed events can be considered “small scale” and consistent with these Master Plans. The BOCC further finds that the Applicant has provided details on the type, frequency, duration, and manner of the events and has adequately addressed impacts that may arise from these events. The proposed events will not materially endanger the public health, safety, or welfare.

11. The BOCC further finds that the Applicant has made adequate provisions for transportation, parking, noise abatement, duration, frequency of events, sanitation, and water usage.

12. The BOCC further finds that pursuant to the Redstone Master Plan, an evaluation of a bridge accessing the subject properties off Highway 133 and improvements to the existing access road (Redstone Boulevard) have been considered. The BOCC finds that the proposed improvements to the existing access consisting of pull-off’s, widening, regrading, creation of bar ditches, surface improvement, dust suppression, and construction of culverts to the existing road will improve this access for not only event participants and hotel lodge customers but also for egress and ingress for emergency vehicles. The BOCC finds the proposed road improvements are consistent with the Redstone Master Plan and the Pitkin County Road Management and Maintenance Plan and that a

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bridge is not required at this time. The BOCC further finds that pursuant to the 1993 Redstone Master Plan, the BOCC shall reconsider the requirement for bridge construction when if additional development occurs in the VLP Master Plan area beyond that proposed in this Application..

13. The BOCC further finds that the proposed Activity Envelope avoids Land Use Code Chapter 7 constraints with the exception of an alluvial fan that exists on the properties. At this time, no mitigation is required. Future mitigation may be required when cottages and cabins are developed on the Castle Parcel and abiins and a staff housing unit on the Barn Parcel., respectively.

14. The Redstone Castle Properties have a storied and well documented history dating to the early 1900’s. The properties were developed by the previous owner Osgood, coal mining mogul, and all structures with historical significance generally remain intact in their original condition. The Castle and supporting structures on the properties have a very high level of historical significance to the Crystal River Valley, Town of Redstone, and Nation. The BOCC finds that the structures and areas around these structures and areas of interest identified in Recital #7 under “Historic Designation” are eligible for designation to the Pitkin County Historic Register.

15. With regard to the requested incentives for designation of the 3 properties and structures to the Historic Register, the BOCC makes the following findings:

A. Exempting existing buildings (Castle, Carriage House, Hose House) from the Pitkin County Efficient Building Program and Energy Code is proportional to the amount of preservation that will occur. The 4 new cabins and 4 new cottages will not be exempted from these Codes. B. Granting the reduction in the 100’ streamside setback for maintenance to Redstone Boulevard and upgrades to “Lovers Lane” is acceptable. This requested incentive is proportional and compatible with the neighborhood. C. While the 1993 Redstone Master Plan suggests that building permit and planning application fees be waived for historic properties, the Historic Incentives section of the Land Use Code does not provide for a waiver of fees. D. The Applicant has taken advantage of the “Expedited Review” optional incentive and met with the BOCC to discuss historic designation of the properties on October 24th, 2017. E. The BOCC finds that the significance of the Castle properties and associated structures is great, the and designation of the properties and structures and the areas around the structuresto the Pitkin County Historic Register, and the restrictions against future development of the properties into perpetuity is deserving of issuance of a TDR(s). The BOCC specifically finds that TDRs shall be awarded as an incentive. F. The request for Commercial GMQS exemptions for 21 Tourist Accommodation Units (13 within existing structures - Castle, Hose House, and Carriage House, and 8 for new cottages/cabin development) is reasonable and proportional to the amount of historic preservation that will occur. If the cottages and cabins are sited as represented in the application, the new development will have little impact on the historically designated structures. G. An Employee Housing Impact Fee exemption for conversion of the existing residential use in the Castle and Carriage House and Hose House to the proposed Tourist Accommodation Units is proportional and reasonable in relation to the amount of preservation that will occur on the properties. H. The BOCC is not supportive of granting an exemption from the Employee Housing Impact Fees for development of the 4 new cottages, and 4 new cabins., and Hose House Unit. I. The BOCC finds that a year vesting period is appropriate to be established for the Activity Envelope and Site Plan portion of the request.

16. The BOCC further finds that pursuant to Land Use Code Section 6-70-40(a)(10)(b), the cumulative community impacts associated with the granting of these discretionary incentives can be mitigated if compliance with the conditions this resolution are achieved.

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17. The BOCC finds that it is in the best interests of the citizens of Pitkin County to approve this Resolution.

18. The Pitkin County Planning and Zoning Commission considered the proposal at regularly scheduled meetings on March 6th, 2018 and March 20th, 2018 and, pursuant to P&Z Resolution No. 07-2018, recommended approval to the BOCC by a vote of 7-0.

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that it hereby approves the Redstone 2016 LLC request subject to the following proposed conditions, and authorizes the Chair to sign the Resolution and upon the satisfaction of the County Attorney as to form and execute any other associated documents necessary to complete this matter:

1. The Applicant shall adhere to all material representations made in the application or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions.

2. VLP Master Plan conditions of approval:

A. Shuttle service to the properties shall be required for any event with more than 505 guest vehicles (including vendor vehicles) people.

B. Amplified music is prohibited with the exception of amplification for officiants and processional music and amplified music in the Castle Courtyard, within the Castle, and within the Carriage House.

Decibel (dB(A)) limits for sound measured in accordance with the Pitkin County Noise Code: 7:00PM to 7:00AM: 50 dB(A) 7:00AM to 7:00PM: 55 dB(A)

C. Connection to the District for sanitation service shall be required prior to commercial operation of the Castle properties. D. Within 30 days of the anniversary of this approval, the Applicant shall submit an “annual review” to the Community Development Director that outlines the operation for the year. This outline shall include information about the preceding year of operations, any changes to the approved plan that have occurred, and any complaints received. The annual review shall be heard before the BOCC. A public hearing is not required. The BOCC may, at its discretion, modify or revoke the development approval at this meeting. E. The VLP Master Plan shall clearly outline the uses, dimensions, timeframes, short and long term goals of the Redstone Castle VLP Master Plan. Special Event parameters shall be clearly outlined. Limits on camping and silviculture shall be included. ATTACHMENT B. F. The Master Plan shall identify the Lover’s Lane emergency evacuation egress and, should the need arise, the Applicant shall make customers of the venue aware of this route. The Applicant shall obtain an access permit for upgrades to this egress route which shall be constructed to accommodate a standard sized licensed motor vehicle and completed prior to commercial operation of the Castle properties. The Applicant shall obtain all necessary easements/agreements from the adjacent property owner to the south and submit these documents with the access permit application. G. The Applicant shall consult with Pitkin County OST regarding the possible construction of a bridge to provide access to the Redstone Castle as identified in the 1993 Redstone Master Plan. H. Driveway lighting shall be removed within 60 days of the conclusion of the hearings.

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I. The Applicant shall restrict the Redstone Castle properties in perpetuity against any future subdivision, partition, condominiumization, division or any other event that would create another lot, parcel, unit, or other division of land or interest out of the property. This restriction includes the creation of parcels that are 35 acres or larger pursuant to CRS § 30-28-101, or its successor or its amendment. J. Site Plan Review is required for the future cottages on the Castle Parcel and cabins and staff housing unit on the Barn Parcel, prior to building permit application. Mitigation for debris flow hazards may be required. K. Prior to submission of any building permit applications for the new tourist accommodation units (4 cottages, and 4 cabins, Hose House, Carriage House, and Castle) the Applicant shall submit a covenant for review and approval by the County Attorney, which covenant shall specify that the n e w tourist accommodation units could only be used for short-term tourist accommodations or used by the Owners or the Owners’ family and that no other uses, other than economically driven interim including long-term tlong-term tourist accommodations or residential use, are available for the units. Upon approval by the County Attorney, the Covenant shall be recorded in the records of the Pitkin County Clerk and Recorder. L. The creation of timeshares on the Castle Parcel, Barn Parcel, and Carriage House Parcel is prohibited. M. Prior to issuance of building permits for the new tourist accommodations units (4 cottages, and 4 cabins and the Hose House), the Applicant shall pay the applicable housing impact fee for the number of rooms pursuant to Sec. 8-30-40 of the 2006 Land Use Code (as amended) based on the formula for “standard/historic” tourist/lodge accommodation development. N. Tree mitigation shall not be required for trees that are removed to gain enhanced views of the historic structures from Hwy 133.

3. The 3 properties are granted 21 Tourist Accommodation Unit GMQS exemptions as a result of the BOCC granting approval for optional incentives for designation of historic structures on the property.

4. As a result of the granting of optional incentives for designation of historic structures on the property, the Applicant is awarded a vesting period of years for the Activity Envelope and Site Plan portion of this request.

5. Conversion of the existing residential use in the Castle and Carriage House to the proposed Tourist Accommodation Units (10 units in the Castle and 2 units in the Carriage House and the Hose House) shall be exempt from the Employee Housing Impact Fee. The 2 proposed onsite Staff Managers units (one in the Castle and one on the Barn Parcel) shall be exempt from GMQS and shall be considered onsite mitigation as they relate to the Employee Housing Impact Fee associated with the development of the 4 cottage on the Castle Parcel and 4 cabins on the Barn Parcel. The Staff Managers units shall be deed restricted with the Aspen-Pitkin County Housing Authority at the time of construction.

6. Prior to submission of any permit applicationscommercial operation of the Castle properties , the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site Plan with an Activity Envelope in accordance with Land Use Code Section 2-30-20(g) and Application Manual Sections 2.1.11 and 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation of Formatted: Justified, Indent: Hanging: 0.25", Right: them. 0.08", Line spacing: single

7. Prior to issuance of TDR’s, the Applicant shall submit for review and approval, a Covenant Agreement for preservation of the Castle Parcel, Carriage House Parcel, and Barn Parcel, and the following Historic resources, which documents their inclusion on the Pitkin County Historic Register and maintenance in accordance with the Pitkin County Historic Guidelines:

A. The Redstone Castle, B. Carriage House,

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C. Hose House, D. Garden Shed, E. Gazebo, F. Dog Kennels, G. Historic Entrance Gate, H. Historic water reservoir on the Castle Parcel,

8. The Applicant shall submit an earthmoving permit for re-grading the previously disturbed Castle meadow, the Carriage House ceremony site, and reclamation of the two-track access that divides the meadow west of the Castle before undertaking such regrading.. A geotechnical geological report shall be submitted with the any permit application for the regrading of the ceremony sites and the Applicant shall address any alluvial fan recommendations provided in the report.slopes in excess of 30%

9. With regard to impacts on wildlife, the Applicant shall comply with the following: A. Dogs are prohibited with the exception of the bride and groom’s dog, which shall be leashed under human supervision or kenneled. Property owner dogs are exempt from this restriction. B. Guest use of off road motorized vehicles is prohibited.

10. Prior to conducting commercial activities on the 3 properties, the Applicant shall connect to the Redstone Water and Sanitation District for sanitation service, to the satisfaction of the District.

11. The property shall comply with the following low wildfire development standards except where the recorded Colorado Historical Foundation Deed of Conservation Easement conflicts, and such easement shall control.. A. Defensible Space: The area around all buildings/structures, limited by property boundaries that may limit a property owner’s ability to comply with this section, shall incorporate landscaping with wildfire defensible space considerations as follows: 1. Brush, debris and non-ornamental vegetation shall be removed within a minimum ten- foot (10') perimeter around all structures. 2. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a minimum of a thirty (30) foot perimeter around a structure built on flat ground. Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter shall be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be equal to the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. 3. All branches from trees and brush within the thirty (30) foot perimeter shall be pruned to a height of ten (10) feet above the ground with removal of ladder fuels from around trees and brush. 4. Tree crown separation within the thirty (30) foot perimeters shall have a minimum of ten (10) feet between the edges of the crowns, except for mature stands of aspen trees where ladder fuels have been removed. In areas of aspen regeneration, understory shrubs and down and dead materials shall be removed. 5. All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed. 6. The density of fuels up to a one hundred (100) foot perimeter of the structures shall be reduced where natural reduction has not already occurred. 7. All deadfall up to a one hundred (100) foot perimeter shall be removed. 8. No new conifer trees shall be planted within ten (10) feet of a residence. 9. No flammable mulches shall be placed within two (2) feet of a residence.

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10. The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. If roofs are replaced on structures: Class A covering or Class A assembly as defined by the currently adopted Building Code. No wood shakes or shingles. All other adopted Building Code compliant methods and materials permitted. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: 1) All roof coverings shall be constructed of non-combustible materials and installed on a Class A roof assembly. 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. 3) Protrusions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. 5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application.

C. Maintenance and Miscellaneous Requirements 1. Roofs and gutters shall be kept clear of debris. 2. Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth (¼) inch maximum. 3. Yards shall be kept clear of all litter, slash and flammable debris. 4. All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any structure. 5. Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more than six (6) inches. 6. Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. 7. Swimming pools and ponds shall be accessible by the local fire district. 8. Fences shall be kept clear of brush and debris. 9. Wood fences shall not connect to other structures. 10. Fuel tanks shall be installed underground with an approved container. 11. Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any aboveground tank. Any wood enclosure around the tank shall be constructed with materials approved for two (2) hour fire-resistive construction on the exterior side of the walls. 12. Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. 13. The Applicant shall comply with all requirements of the Aspen Fire Protection District Code. 14. Addresses shall be clearly marked with four (4) inch non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non-combustible post.

12. 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.

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13. As a result of the granting of optional incentives for designation of historic structures on the property, the Applicant is awarded a vesting period of years for the Activity Envelope and Site Plan portion of this request.

Statutory vested rights for the Activity Envelope and Site Plan contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in the Pitkin County Land Use Code § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on , 20 .

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NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the day of , 2018.

APPROVED AND ADOPTED this day of , 2018.

PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the day of _, 2018.

ATTEST: BOARD OF COUNTY COMMISSIONERS

By By: _

Jeanette Jones Patti Clapper, Chair Clerk to the BOCC Date:

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

Richard Neiley III, Cindy Houben, Community Development Director Assistant County Attorney

Case#: P101-17

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Attachment A

Legal Descriptions

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Attachment B Barn Parcel:

Carriage House Parcel:

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Redstone Castle Parcel:

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Attachment B

Castle VLP Master Plan Document