BCC Comm Form Hahns Peak Inn

ROUTT COUNTY BOARD OF COUNTY COMMISSIONERS
AGENDA COMMUNICATION FORM
ITEM DATE: February 9, 2016
ITEM TIME: 2:30 pm
FROM:
Alan Goldich, Planning
February 3, 2016
TODAY’S DATE:
Complaints concerning the Hahn’s Peak Inn PUD approval and violations
AGENDA TITLE:
thereof, presented by Planning staff. C-15-15
CHECK ONE THAT APPLIES TO
YOUR ITEM:
 ACTION ITEM
 DIRECTION
 INFORMATION
I. DESCRIBE THE REQUEST OR ISSUE:
Consider authorizing the attorney’s office to pursue legal action to bring the uses at the Hahn’s Peak
Inn into compliance with the approved PUD plan.
II. RECOMMENDED ACTION:
Authorization to pursue legal action to bring the Hahn’s Peak Inn into compliance with the approved
PUD plan.
III. DESCRIBE FISCAL IMPACTS (VARIATION TO BUDGET):
PROPOSED REVENUE: N/A
PROPOSED EXPENDITURE: N/A
FUNDING SOURCE: N/A
IV. IMPACTS OF A REGIONAL NATURE OR ON OTHER JURISDICTIONS
(IDENTIFY ANY COMMUNICATIONS ON THIS ITEM):
N/A
V. BACKGROUND INFORMATION:
Towards the end of December the Planning Department received several complaints about the
landowner of the Hahn’s Peak Inn using the Inn in a manner that is in violation of the approved PUD
plan. In total, the County has received eight formal complaint forms. The violation is that the Inn is
being used as long term employee housing.
One of the uses allowed at the Inn is “overnight lodging in eight (8) units with private baths”. On the
surface, the long term lodging of employees seems to fall into this category but in digging into the
narrative and how the Inn was presented to the County about how it was going to be operated, it does
not account for this use. The narrative submitted with the application states, “The intent is to operate a
country inn to be known as The Inn at Hahn’s Peak…” The narrative goes on to state that past uses of
the Inn included apartment rentals. Apartment rentals were specifically left off of the requested uses in
the PUD application.
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ROUTT COUNTY BOARD OF COUNTY COMMISSIONERS
AGENDA COMMUNICATION FORM
This application was submitted in 1989. The Zoning regulations at that time did not have a definition
of “Country Inn” but it did have standards for one. Standard A states, “The purpose of the Country Inn
is to accommodate short-term, transient occupancy in a rural residential setting.” Standard I states,
“There shall be no more than eight guest bedrooms.” There were other standards that dealt with food
service, signs, numbers of guests, parking, and compliance with building codes, and water and
wastewater regulations. It appears that the application narrative was worded and presented to be in
compliance with the standards of a “Country Inn”. There were other uses that were requested, and
approved, as part of the application including the following:
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Retail gift/souvenir shop
Retail sporting goods shop
Café/lounge
Group meeting and activity center
Recreational equipment rentals
Property management, sales, rental
Gas sales for snowmobile
Before this property was zoned PUD, it was zoned Hahn’s Peak Historical (HPH). Most of these uses,
including the Country Inn, were not allowed in the HPH district and therefore had to be accommodated
by changing the zoning to PUD.
Based on the narrative and the standards for a Country Inn that the applicant abided by, it is staff’s
opinion that the long term lodging of guests at the Hahn’s Peak Inn was not considered and therefore is
not in compliance with the approved project plan nor the standards of a Country Inn that were in effect
at that time.
The landowner does not believe that a violation is occurring. However, the landowner has submitted
an application to amend the approved PUD plan to allow this type of use. It has been scheduled in
front of Planning Commission for March 17, 2016. If the Board does not feel like this amendment is
substantially similar to the approved PUD plan, then it would qualify as a major amendment and would
have to go in front of PC and the BCC.
The landowner wants to continue the long term housing use concurrently with its current application.
Planning staff is asking the BCC to authorize legal action prior to any amendment proceedings and
seek relief as to the long term lodging use.
VI. LEGAL ISSUES:
The BCC may wish to consult with the County attorney’s office for legal advice prior to making a
final determination on legal action and if so may require a tabling for executive session.
VII. CONFLICTS OR ENVIRONMENTAL ISSUES:
N/A
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ROUTT COUNTY BOARD OF COUNTY COMMISSIONERS
AGENDA COMMUNICATION FORM
VIII. OTHER OPTIONS:
Long term lodging use:
• Allow the long term lodging use of the Inn to continue until the PUD amendment is approved or
denied.
• Make the determination that the long term lodging use is not a violation of the approved PUD plan.
Amendment of the PUD Plan:
• Make the determination that the long term lodging use is not substantially similar to the approved
PUD plan, requiring this amendment to go through the major amendment process, which includes
hearings in front of PC and BCC.
Tabling Option:
• Table this matter to Tuesday February 23, 2016 to allow the BCC to consult the County attorney’s
office in executive session.
IX. ATTACHMENTS:
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Approved PUD Plan resolution.
Landowner’s representative’s initial response to staff in relation to the code enforcement case.
Landowner’s representative’s cover letter for the PUD amendment.
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