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Pitkin County, Colorado THRU MEMORANDUM TO: Board of County Commissioners: Pitkin County, Colorado THRU: Cindy Houben, Community Development Director FROM: Mike Kraemer, Senior Planner RE: Redstone 2016 LLC – Redstone Castle Properties Ordinance Amending Title 8 of the Pitkin County Code, Specifically the 2006 Land Use Code, for a Land Use Code Text Amendment to Create the Village Lodge Preservation (VLP) Zone District, Second Reading Ordinance Amending the Zoning Map for a Citizen Initiated Rezoning on Private Property Owned by Redstone Castle 2016 LLC for Properties Referred to as the Barn Parcel, the Carriage House Parcel, and the Castle Parcel, Second Reading Resolution Approving the Redstone 2016 LLC Village Lodge Preservation (VLP) Master Plan, Designation of Historic Structures to the Pitkin County Historic Register and Granting of Incentives, and Activity Envelope/Site Plan Review, Continued Public Hearing DATE: June 13th, 2018 SUMMARY: The Applicant requests the following approvals: 1. Land Use Code Text Amendment to create the Village Lodge Preservation (VLP) Zone District. 2. Rezoning of the Barn Parcel, the Carriage House Parcel, and the Castle Parcel to the VLP zone district. 3. Master Plan approval for a lodge/hotel use, special event use, and cabins/cottages tourist accommodations; designation of multiple historic structures on the properties to the Pitkin County Historic Register with requested optional incentives for the designation; approval for a Growth Management Quota System (GMQS) Change in Use from Residential to Commercial if certain incentives are not granted; and Activity Envelope and Site Plan approval for existing and future development. In 2017, the Applicant submitted an application for a Land Use Code Text Amendment and Special Event Venue application for the subject properties. The 2017 application has been withdrawn at the request of the Applicant and is no longer being considered. APPLICANT: Redstone 2016 LLC – Steve and April Carver REPRESENTATIVE: Glenn Horn. Davis Horn, Inc. LOCATION: Three parcels are part of this request. Two of the three parcels are addressed as 58 Redstone Boulevard and 68 Redstone Boulevard. The parcels are generally described as the “Castle Parcel”, the “Barn Parcel”, and the “Carriage House Parcel”, collectively known as the Castle Properties. ZONING/LOT SIZE: Multiple Zone Districts apply to all three parcels. RS-30, AR-10, and AR-2. The three parcels total approximately 150 acres. Staff will display maps of all parcels at the hearing. Page 1 of 6 PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning & Zoning Commission (P&Z) discussed the proposal and evaluated the request on March 6th, 2018 and March 20th, 2018. The P&Z adopted a motion to recommend approval to the BOCC on a 7- 0 vote, subject to the P&Z Resolution 07-2018, viewed in Attachment A. This Planning and Zoning Commission Resolution is the formal recommendation of the proposal to the BOCC. LAST BOCC MEETING The BOCC heard this request on May 23rd, 2018 and passed motions to approve on first reading the Text Amendment and Rezoning Ordinances and set 2nd reading for June 13th, 2018. The BOCC continued the Resolution. At this meeting, Staff provided an overview of the processes, the request, and the P&Z/Staff recommendations. The Applicant also made a presentation and identified issues and concerns with the draft ordinances and resolution. At the conclusion of this meeting, the BOCC made statements regarding certain aspects of the Land Use Code Text Amendment to create the VLP Zone District, the proposed Castle VLP Master Plan, and requested incentives for designation of the historic structures on the properties. The BOCC also directed Staff to meet with the Applicant to discuss issues with the draft resolution. Community Development Staff and the Attorney’s Office met with the Applicant and their representatives on May 31st, 2018 to discuss certain issues. Comments and results from this meeting are outlined below. Creation of the Village Lodge Preservation (VLP) Zone District and Uses: Staff and the Applicant discussed the VLP Master Plan Uses identified in Chapter 4, Table 4-1 of the Text Amendment Ordinance. An issue regarding allowed VLP Master Plan uses was discussed. It should be noted that not all uses listed as an “M”, for Master Plan Use in the VLP Zone District are automatically a permitted use for a property. BOCC approval of a VLP Master Plan is required for a certain use to formally occur on a property. Staff has amended Chapter 3 of the draft ordinance to reflect this clarification. For clarity, Staff has also included a statement in Chapter 3 of the draft ordinance that a VLP Master Plan is a site specific master plan for a property and is in no way associated with a Caucus or Pitkin County Master Plan. Master Plan Duration: Staff and the Applicant discussed the intent of establishing a timeframe for a VLP Master Plan and the fact that this master plan timeframe does not constitute a vested property right. Currently, the Land Use Code states that SKI-Rec and PUB master plans have a 5 – 10 year timeframe. The effect of the conclusion of this timeframe is not defined in the Land Use Code. At this time, Staff feels that because of the difficulty of defining the effect on a property when a VLP Master Plan expires, it is prudent to eliminate a reference to a VLP Master Plan timeframe. Staff has amended Chapter 2 of the draft ordinance to reflect this sentiment. Permitted and Further Review Uses: Staff and the Applicant also discussed the VLP Master Plan as it relates to “permitted” and “further review” uses. Permitted uses are clearly allowed to occur when a VLP Master Plan is approved by the BOCC, however, the process for reviewing and permitting further review uses is unclear. Staff has amended Chapter 2 to reflect that when further review is required in a VLP Master Plan, Special Review standards in Land Use Code Section 2-30-30, and Activity Envelope/Site Plan Review standards in Land Use Code Section 7-10-50 are engaged as the review process. These changes can be viewed in the attached Text Amendment Ordinance. Page 2 of 6 Vested Property Rights: The Applicant has requested a 25 year vested property right as an optional incentive for Historic Designation of structures to the Pitkin County Historic Register. The P&Z considered this request and adopted a recommendation that a range of 15 years to 25 years be considered by the BOCC for the vesting period. Chapter 2 of the Land Use Code does not identify a master plan as a “Site Specific Development Plan” and therefore, does not have the ability to establish a vested property right. Chapter 2 states that an Activity Envelope and Site Plan is a “Site Specific Development Plan” and that, if approved, establishes a vested property right. Staff has amended the draft resolution to identify a potential extended vesting period for the Activity Envelope/Site Plan portion of this application. The County Attorney’s Office will be available at the hearing for clarifications on this topic. Master Plan Document: Staff and the Applicant agreed that the approved VLP Master Plan should be reviewed as a separate document by the BOCC and, if approved, attached to the BOCC resolution. The intent of attaching a separate Master Plan document to the resolution is to clearly identify the approved uses, activities, and parameters on the properties. The Applicant has drafted this document and provided it to Staff. Due to the timing of the submittal of this document, Staff has not had the opportunity to review its contents. Staff has attached the Applicant’s Master Plan to this memo which can be viewed as Attachment B. The Applicant has also provided a revised traffic report which can be viewed as Attachment C. Given the timing of the submittal of this traffic report, Staff has not had the opportunity to review its contents. ADDITIONAL BOCC DIRECTION: Transferrable Development Rights: The Applicant has requested to receive 21 TDRs for designation of historic structures and areas of interests on the properties to the Pitkin County Historic Register. During the P&Z meetings, some P&Z Commissioners felt that a reduced number of TDR’s was warranted while others felt that designation warranted the Applicant’s full request of 21 TDR’s. As a result of this discussion, the P&Z adopted a recommendation that the BOCC should consider granting a range of 5-21 TDR’s for historic designation of the structures and area of interest on the properties. The Code gives the BOCC discretion to determine the availability and amount of TDRs to be awarded, in consideration of the community benefits associated with the historic resource including accessibility of the resource to the public, the cumulative community impacts associated with the grant of TDRs in addition to other incentives, and the amount of incentive required to effect preservation of historic resources. At the BOCC’s direction, Staff is also prepared to discuss some potential alternatives to address the County impacts associated with the potential issuance of a large amount of TDR’s in association with this application. The Land Use Code states that TDR’s may be awarded based on a number of different criteria including “accessibility to the public”. The Applicant has represented that the Castle will be made accessible to the public through the proposed commercial lodge use and commercial historic tours. At this time, Staff has not included a condition in the approval to memorialize this representation and require that these uses operate in the future. The BOCC may want to discuss a public accessibility requirement for the Castle as it relates to the Historic Designation request and the potential grant of TDR’s as an incentive.
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