HomeMy WebLinkAboutbocc.packet.10082014 - SKiCO d/b/a/ Bumps Liquor PermitAGENDA ITEM SUMMARY
REGULAR MEETING DATE: October 8, 2014
AGENDA ITEM TITLE: Permit Application for Addition of Optional Premises to Existing
Hotel and Restaurant Liquor License Submitted by the Aspen
Skiing Company d/b/a/ Bumps Restaurant
STAFF RESPONSIBLE: Jeanette Jones
ISSUE STATEMENT: Shall the BOCC approve an addition of an Optional Premises Permit to the
existing Hotel and Restaurant Liquor License submitted by the Aspen Skiing Company d/b/a/
Bumps Restaurant.
BACKGROUND: The Aspen Skiing Company, applicant, has applied for an Optional Premises
Permit to be added to Bumps' current Hotel and Restaurant License to support sponsor suites and a
concert area for sale of alcoholic products during the Winter X Games along with other events the
ski company may wish to host within the proposed Optional Premises Permit areas during both the
winter and summer seasons.
On November 6, 2013 the BOCC adopted Resolution No. 088-2013 Approving the Buttermilk Ski
Area SKI-REC Master Plan, Activity Envelope and Site Plan Review and GMQS Exemption.
Within Exhibit A to the Resolution, Item No. 37 allows for special events with less than 500 people
by right and Item No. 42 requires a special event commercial permit for 500 plus people.
If the BOCC approves the application for an Optional Premises Permit, the applicant is required to
give the county, as the local licensing authority, and the state 48 hours written notice prior to serving
alcohol beverages on the optional premises. Such notice shall contain the specific days and hours on
which the optional premises are to be used.
The application was published in the Aspen Times Weekly, posted on the Pitkin County Website,
and the subject property pursuant to the requirements provided by law. Referral requests were sent
to the sheriff, environmental health, and the community development department. The community
development department is working with the applicant on a special event permit for the upcoming X
Games and staff has attached an e-mail from the sheriff associated with this particular application for
the liquor permit.
KEY DISCUSSION ITEMS: Review of the application and discussion with the applicant on how
they are going to control the serving of alcohol, safety of persons using the mountain e.g. skiers and
any other components of the application that the board has questions or concerns on.
BUDGETARY IMPACT: None
RECOMMENDED BOCC ACTION: Approve the application for an optional premises permit
for Bumps restaurant with or without any additional conditions imposed.
ATTACHMENTS: 1. Application with the following attachments:
A. Resolution No. 088-2013 Approving the Buttermilk Ski Area
SKI-REC Master Plan, Activity Envelope and Site Plan
Review and GMQS Exemption
B. Site plan of the area proposed for licensing
C. Site plan of the X-Games concert venue
2. Referral comment from Sheriff Joe DiSalvo
SNOWMASS ASPEN MOUNTAIN ASPEN HIGHLANDS BUTTERMILK
VIA HAND DELIVERY
September 19, 2014
Pitkin County
Attn: Jeanette Jones
530 E. Main St.
Aspen, CO 81611
970-920-5175
�(�C�IM11�tl� I
ASPENC5SNOWMASS®
ASPEN SKIING COMPANY
Re: Permit Application for Addition of Optional Premises to H&R License
Aspen Skiing Company, LLC d/b/a Bumps
38700 Highway 82, Aspen, CO 81611-2506
Dear Ms. Jones,
Aspen Skiing Company, LLC respectfully submits this "Permit Application" requesting
an Optional Premises Permit be added to Bumps' current H&R class liquor license
located at 38700 Highway 82, Aspen CO 81611 in Pitkin County.
This Application is to support sponsor suites and a concert area for sale of alcoholic
products during the Winter X-Games along with other events ASC may wish to host
within the proposed Optional Premises Permit area. Other events include summer
activities, weddings, and concerts consistent with the expanded uses approved in Pitkin
County BOCC Resolution 088-2013 (Reception #606324, 12/09/2013), attached hereto
as Exhibit A. The geographic footprint of the prolosed optional premises is depicted on
Exhibit B. Exhibit C shows the areas where alcohol would be served for the 2015 Winter
X-Games.
The specific authority for this application is found in C.R.S. 12-47-310(3):
P.O. Box 1248
Aspen, CO 81612-1248
970-925-1220
Www.aspensnowmass.wm
0 Printed on Recycled Paper
locations. Such application and list shall be fled with the state and local
licensing authorities upon initial application, and each license year
thereafter. Approval of the areas must be obtained from the state licensing
authority and the local licensing authority. The decision of each authority
shall be discretionary. In the event that the state and local licensing
authorities allow the area or areas to be designated optional premises, no
alcohol beverages may be served on the optional premises without the
licensee having provided written notice to the state and local licensing
authorities forty-eight hours prior to serving alcohol beverages on the
optional premises. Such notice shall contain the specific days and hours
on which the optional premises are to be used. This subsection (3) shall
not be construed to permit the violation of any other provision of this
article under circumstances not specified in this subsection (3).
Bumps is a Hotel & Restaurant License which serves as the base for the optional
premises as set forth in Exhibit A. Please accept this notice that the service areas to be
included on Exhibit A will be more specifically described as new events are scheduled.
The service areas depicted on Exhibit B will be used for the 2015 ESPN Winter X
Games. We hope to use the optional premises seven days a week on a year-round basis.
Operational hours in the service areas will depend on the specific event.
Please do not hesitate to contact me directly with respect to any questions concerning this
application for an Optional Premises Permit.
We appreciate your help and cooperation with these matters.
Sincerely,
Associate General Counsel
Aspen Skiing Company
970.300.7151
dclark@aspensnowmass.com
DR 8442 (09/24/09) Page 1
COLORADO DEPARTMENT OF REVENUE
LIQUOR ENFORCEMENT DIVISION
DENVER, COLORADO 80261
(303)205-2300
PERMIT APPLICATION
AND REPORT OF CHANGES
FOR DEPARTMENT USE ONLY
CURRENT LICENSE
ALL ANSWERS
LOCAL LICENSE
APPLICANT SHOULD
NUMBER
MUST BE PRINTED
FEE $
26092480038
TO ORDER CALL (303) 370-2165
IN BLACK INK OR TYPEWRITTEN
- -
OBTAIN A COLORADO LIQUOR & BEER CODE BOOK
1. Applicant is a
• Corporation
•
Company
;,'::.PRESENT LICENSENUMBER "";
26092480038
• Partnership
_Individual
ILimited Liability
2. Name of Licensee
Aspen Skiing Company LLC
3. Trade Name
Bumps
4.Location Address -
38700 Highway 82
City
Aspen
SELECT THE APPROPRIATE
SECTION BELOW
County
Pitkin
AND
?
PROCEED TO THE
INSTRUCTIONS
;�,�°Section
Warehouse
Branch
Corp. or
Location
Alter or
x
ZIP
81611-2506
" -�
Storage
House
Trade
Permit
Modify
Total Fee
Premises
Total Fee
Facility
Fee
ON PAGE 2.
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"SectionA
• License Account
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No.
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Permit (ea) $100.00
Permit (ea)....100.00
Name Permit (ea).50.00
(ea) 150.00
Premises
2210.100 (999) • Retail
2200-100 (999) ❑ Wholesale
(Hotel & Restr.)..$75.00
(Tavern) $75.00
(Other Licenses) NO FEE
1983-750 (999) •
Managers Registration
2012-750 (999) ❑ Managers Registration
2260-100 (999) • Change
•
Change of Manager
2230-100 (999) • Change
2280-100 (999) • Change,
$150.00
2220-100 (999) CS Addition
$100.00
—
Section B.Duplicate License v
of Optional
x 1
to Existing H/R
100.00
•Liquor License
2270-100 (999)
No.
of Related
x Total
to Resort Complex
❑Duplicate License $50.00
1988-100 (999) • Addition
$75.00
DO NOT WRITE IN THIS SPACE — FOR DEPARTMENT OF REVENUE USE ONLY
DATE LICENSE ISSUED
LICENSE ACCOUNT NUMBER
PERIOD
-750999)
-100 (999)
The State may convert your check to a one time electronic banking transaction.
Your bank account may be debited as early as the same day received by the
State. If converted, your check will not be returned. If your check is rejected TOTAL
dueto insufdentcruncollectedfunds, the DepartmentofRevenuemaycone
the payment amount directlyfrom your bank account electronically. AMOUNT DUE
$ .00
DR 8442 (09/24/09) Page 2
INSTRUCTION SHEET
FOR ALL SECTIONS, COMPLETE QUESTIONS 1-4 LOCATED ON PAGE 1
Section A
To Register or Change Managers, check the appropriate box in section A and complete question
8 on page 4. Proceed to the Oath of Applicant for signature (Please note: Hotel, Restaurant, and
Tavern licensees are required to register their managers).
Section B
For a Duplicate license, be sure to include the liquor license number in section B on page 1 and
proceed to page 4 for Oath of Applicant signature.
Section C
Check the appropriate box in section C and proceed below.
1) Fora Retail Warehouse Storage Permit, go to page 3 complete question 5 (be sure to check the
appropriate box). Submit the necessary information and proceed to page 4 for Oath of Applicant signature.
2) For a Wholesale Branch House Permit, go to page 3 and complete question 5 (be cure to check the
appropriate box). Submit the necessary information and proceed to page 4 for Oath of Applicant signature.
3) To Change Trade Name or Corporation Name, go to page 3 and complete question 6 (be sure to check
the appropriate box). Submit the necessary information and proceed to page 4 for Oath of Applicant
signature.
4) To modify Premise, go to page 4 and complete question 9. Submit the necessary information and
proceed to page 4 for Oath of Applicant signature.
5) For Optional Premises or Related Facilities go to page 4 and complete question 9. Submit the necessary
information and proceed to page 4 for Oath of Applicant signature.
6) To Change Location, go to page 3 and complete question 7. Submit the necessary information and
proceed to page 4 for Oath of Applicant signature.
DR 8442 (09/24/09) Page 3
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5. Retail Warehouse Storage Permit or a Wholesalers Branch House Permit N/A
❑ Retail Warehouse Permit for:
•gr On —Premises Licensee (Taverns, Restaurants etc.)
E Off —Premises Licensee (Liquor stores)
❑ Wholesalers Branch House Permit
Address of storage premise:
City County Zip
Attach a deed/ lease or rental agreement for the storage premises.
Attach a detailed diagram of the storage premises.
O+
6. Change of Trade Name or Corporation Name
N/A
supporting documents)
of State, or
of State and
• Change of Trade name / DBA only '
E Corporate Name Change (Attach the following
1. Certificate of Amendment filed with the Secretary
2. Statement of Change filed with the Secretary
3. Minutes of Corporate meeting, Limited Liability
,W Wi
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C1 1-
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Members meeting, Partnership agreement.
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Old Trade Name
New Trade Name
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Old Corporate Name
New Corporate Name
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7. Change of Location N/A
NOTE TO RETAIL LICENSEES: An application to change location has a local application fee of $750 payable to your local licensing
authority. You may only change location within the same jurisdiction as the original license that was issued. Pursuant to 12-47-
311 (1) C.R.S. Your application must be on file with the local authority thirty (30) days before a public hearing can be held.
Date filed with Local Authority Date of Hearing
(a) Address of current premises
City County Zip
(b) Address of proposed New Premises (Attach copy of the deed or lease that establishes possession of the
premises by the licensee)
Address
City County Zip
(c) New mailing address if applicable.
Address
City County State Zip
(d) Attach detailed diagram of the premises showing where the alcohol beverages will be stored, served,
possessed or consumed. Include kitchen area(s) for hotel and restaurants.
DR 8442 (09/24/09) Page 4
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8. Change of Manager or to Register the Manager of a Tavern or a Hotel and Restaurant liquor license.
(a) Change of Manager (attach Individual History DR 8404-1 H/R and Tavern only) N/A
Former manager's name
New manager's name
(b) Date of Employment
establishment? Yes ■ No ■
other liquor licensed establishment? Yes ■ No ❑
Has manager ever managed a liquor licensed
Does manager have a financial interest in any
If yes, give name and location of establishment
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9. Modification of Premises, Addition of an Optional Premises, or Addition of Related Facility
NOTE: Licensees may not modify or add to their licensed premises until approved by state and local authorities.
(a) Describe change proposed
Addition of viewing area for Winter X Games
(b) If the modification is temporary, when will the proposed change:
Start Permanent (mo/day/year) End Permanent (mo/day/year)
of any public or
campus of any
Yes El g
Yes INo ■
Complex Related
premises?
Yes17 No
for the
Attached
Attached
NOTE: THE TOTAL STATE FEE FOR TEMPORARY MODIFICATION IS $300.00
(c) Will the proposed change result in the licensed premises now being located within 500 feet
private school that meets compulsory education requirements of Colorado law, or the principal
college, university or seminary?
(If yes, explain in detail and describe any exemptions that apply)
(d) Is the proposed change in compliance with local building and zoning laws?
(e) If this modification is for an additional Hotel and Restaurant Optional Premises or Resort
Facility, has the local authority authorized by resolution or ordinance the issuance of optional
� (f) Attach a diagram of the current licensed premises and a diagram of the proposed changes
licensed premises. See
(g) Attach any existing lease that is revised due to the modification. See
I declare
, ` J t a a OATH OF APPLICANT i ^�•
under penalty of penury in the.second degree that I have read the foregoing application and
r thereto and,thatall`infortnaticntherein sfrue,,correct andcornplete to=the best ofrny knowledge
���i Title
C1^� f ,,,,,�w prestdenl-
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allattachments
-J
Date
9411
i REPORT''AND APPROVAL OF LOCAL LICENSING
r The foregoing application has been examined and the premises business
satisfactoryand we do report that such permit If granted"will-comply
,. 46 and 47 C R S asamended THEREFORE THIS
Local Licensing Authority (City or County)
AUTHORITY' (CITY / COUNTY)
conducted and character of the applicant is:'
with the applicable provisions of Title 12 Articles
APPLICATION IS APPROVED
Date filed with Local Authority
Signature
Title
Date
REPORT OF•STATE LICENSING AUTHORITY
The foregoingbale 'been examined andcomplies with the.filing.requirements of Tittle 12 Article 47, C.R.S. as amended it
Signature Title
Date
EXHIBIT A
RECEPTION#: 606324, 12/09/2013 at
09:57:19 AM,
1 OF 12. R $0.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO APPROVING THE BUTTERMILK SKI AREA SKI-REC MASTER PLAN,
ACTIVITY ENVELOPE AND SITE PLAN REVIEW, AND GMQS EXEMPTION
Resolution No.C4$-2013
RECITALS •
I. Aspen Skiing Company ("Applicant") has applied to the Board of County Commissioners of Pitkin
County, Colorado ("BOCC") for approval of a Master Plan for the Buttermilk Ski Area to address
existing and proposed facilities and uses. The intent of the Buttermilk Master Plan is to enhance the
experience for mountain visitors. The Plan states, "The goal is not to increase capacity, but rather to
maintain the appeal of the ski area, upgrade skier service and employee facilities, and better serve
mountain visitors." The new Master Plan would replace the 1986 Buttermilk Mountain Master Plan
and subsequent amendments. The Applicant is requesting the following land use approvals:
A. SKI-REC Master Plan for development of the proposed facilities
B. GMQS Exemption
C. Activity Envelope and Site Plan Review
The primary base area and on -mountain improvements proposed in the Master Plan include:
A. Replace the temporary Powder Panda children's center with a permanent building.
B. Remodel and expand Bumps (add 2,282 square feet) to improve food service and dining layout,
as well as receiving bays and the trash/recycle area. The first floor will accommodate mountain
operations offices, employee lockers, conference room and storage.
C. Replace the "Green Building" and consolidate day -lodge services (ticketing, public restrooms and
lockers, retail, rental guest lounge/lobby, photo desk, ski school guest services) in a new building.
D. Improve the parking lot, vehicle circulation, pedestrian walkways and landscape at the bast area.
E. Add a Park and Pipe lift.
F. Additional snowmaking and snowmaking storage reservoirs.
G. Build a new lift maintenance facility.
3. The Buttermilk ski area is located on the south side of Highway 82 to the west of the Aspen/Pitkin
County Airport. Most of Buttermilk ski area is located on land within the White River National Forest,
however, there is private land within the ski area at the base ofTiehack, West Buttermilk and Main
Buttermilk.
4. The ski area is zoned SKI-REC.
5. The Pitkin County Planning and Zoning Commission considered the proposed application at regularly
scheduled meetings on June 26, 2012, August 6 and September 3, 2013, and recommended approval by a
vote of 6-0.
The BOCC considered this application at a duly noticed public hearing on November 6, 2013, at which
time evidence and testimony were presented with respect to the application.
7. The BOCC finds the proposed SKI-REC Master Plan conforms to the 2012 AACP and the Land Use
Resolution No. 2013
Page 2
Policies stated in the Code, as follows:
A. The base of Buttermilk,continues to function as a vital recreational component of the Aspen
resort community.
B. The size and scale of the proposed new buildings at the base complement and do not detract from
the views of the ski area. The buildings are set back from the highway and Owl Creek Road and
have a low height and profile.
C. Additional landscaping of the buildings and parking lot will improve the visual impact as seen
from the highway.
D. Pedestrian connections to transit within and adjacent to the base area will be improved.
E. The County "favors expansion of uses within existing permitted ski area boundaries, with a focus
on expanding uses during non -peak periods." The Applicant is replacing existing facilities within
the ski area boundary in order to improve the visitor experience. Expansion of summer uses is
proposed to further utilize the existing and proposed facilities.
8. The BOCC further finds that the SKI-REC Master Plan complies with the standards in Sec. 2-40-100
of the Land Use Code ("Code") for master plans.
9. The BOCC further finds the Growth Management Quota System is not applicable to the SKI-REC
Master Plan, since no new employees will be generated by the redevelopment of facilities, even though
additional square footage will be added to the base area.
10. The BOCC further finds that the Activity Envelopes for the base area and on -mountain facilities comply
with the Code as follows:
A. The Activity Envelopes primarily contain slopes of less than 30%. Slopes in excess of 30% within
the envelopes are man-made anomalies. The Code permits development in these areas of slopes
in excess of 30%. pursuant to Sec. 70-20-20(c)(3).
B. A 100' setback from the unnamed perennial stream on the western boundary of the ski area is
maintained.
C. The wildfire hazard can be mitigated.
D. The ski area is within mule deer and elk summer and overall range, and is adjacent to an elk
production arca and migration corridor on Burnt Mountain to the west. Colorado Parks and
Wildlife has stated that the master plan should not have any significant negative impacts to
wildlife.
E. No geotechnical constraints have been identified -that would preclude the development at the base
area.
F. Certain on -mountain improvements (snowmaking and utility lines and snowmaking reservoirs)
will occur in areas with a history of slope instability and landslide movement; appropriate
mitigation and monitoring will be required.
1 1. The BOCC further finds that the base area is within the mapped Scenic View Protection Area as seen
from Highway 82 and Owl Creek Road, and that the new buildings comply with the standards of Sec. 7-
20-120 of the Code. The buildings are one-story in height, and are clustered with the existing Bump's
Building and the Inn at Aspen. The Children's Center and Day Lodge are separated, which breaks up the
mass, and the mass is also broken up with covered walkways and varied rooflines.
NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby approve the
Buttermilk Ski Area SKI-REC Master Plan, Activity Envelope and Site Plan Review; and GMQS
Resolution No.a-2013
Page 3
Exemption, subject to the conditions set forth herein, which shall run with the land and be binding on all
successors in interest.
1. The Applicant shall adhere to all material representations made in the current or prior applications or in
public meetings or hearings and shall consider those representations to be conditions of approval, unless
amended by other conditions.
2. The approved Listing of Uses for the ski area is attached as Exhibit A.
3. Prior to April 25, 2014, the Applicant shall conduct a site inspection with Colorado Parks and Wildlife
and the US Forest Service to ensure that all improved access points to Burnt Mountain and the
Government Trail have been identified and gates installed in order to inform the public of the closure of
the Burnt Mountain area from April 25 to June 20 to protect sensitive elk production areas and the deer
and elk migration corridor.
4. Prior to June 1,2014, the Applicant shall conduct a site inspection with County Resource Recovery to
ensure that all trash containers and dumpsters are in compliance with the County's Wildlife Protection
regulation.
5. Prior to submission of any earthmoving, access, or building permit applications, the Applicant shall be
required to submit for approval by the County Attorney and Community Development the revised
Master Plan and Site flans. The above referenced approvals shall be a condition precedent to
finalization and recordation of the documents.
6. Prior to recordation of the Master Plan, the Applicant shall complete the acquisition of the 60' wide
strip of land within the Buttermilk base parking lot that is currently owned by CDOT in order to proceed
under Site Plan Alternative A (attached). If the acquisition is not completed, then the Applicant shall
record and proceed under Site Plan Alternative B (attached).
7. Concurrent with recordation of the Master Plan, the Applicant shall record an avigation easement
over the privately owned portion of Buttermilk Ski Area. The avigation casement shall be reviewed
and approved by the Airport Director.
8. The Applicant shall cooperate with CDOT, RFTA and EOTC in plahning/evaluating possible
improvements to the pedestrian crossing at the intersection of Highway 82 and Owl Creek Road.
9. The Applicant shall implement the Proposed Transportation Management Measures in Section 4.2 of
the Felsburg, Holt & Ullevig'`Buttermilk Mountain Master Plan Transportation Analysis" dated
November 2011. 'l'he Applicant shall also coordinate with the County to ensure that the parking lots
on the adjacent Stapleton property are managed to minimize impacts on traffic flow to and from the
Buttermilk parking lot.
10. At the time of submission of the first building permit application for the improvements in the Base Area
(Bumps Building improvements, new Children's Center and new Skier Services building), the
Applicant shall submit:
A. Construction phasing plan and an overall construction management plan for review and approval
by Planning/Zoning staff.
Resolution No
Page 4
2013
County access/driveway permit application for all road improvements and parking areas; the
permit shall be reviewed and approved by the Aspen Fire Protection District and Planning
Engineer. The road and parking improvements shall be built to current County Standards, as
described in the Pitkin County Asset Management Plan ("AMP").
C. Comprehensive Fugitive Dust Control Plan to the Environmental Health Department for review
and approval, sufficient to meet the County's requirements for PM -I O mitigation.
D. Comprehensive drainage and erosion control plan for review and approval by Planning/Zoning staff.
A stormwater permit from the State of Colorado shall be included with the plan.
E. Comprehensive landscape plan.
11. At the time of submission of each building permit application for the improvements in the Base Area, the
Applicant shall submit:
A. Design -level geotechnical investigation for the structure, including subgrade investigation and
pavement design.
B. Drainage and erosion control plan specific to the building site.
C. Landscape plan specific to the building site. Areas disturbed by construction shall he re -
vegetated within one growing season of the project's completion.
D. Lighting plan. Lighting standards with a height of 15' are permitted along the pedestrian walkway
between Bumps and the Skier Services Building. Maximum intensity is limited to 0.5 foot candles
overall.
12. Prior to issuance of each building permit application for the improvements in the Base Area, the
Applicant shall;
A. Pay the applicable road impact fee based on the additional floor area to be added when the
existing facilities are replaced, or submit an independent fee calculation to demonstrate that the
fee should be reduced or eliminated.
Pay the applicable lees for connection to the Aspen Consolidated Sanitation District. Service is
contingent upon compliance with the District's rules, regulations and specifications.
13. Earthmoving permits are required for snowmaking reservoirs and lines, utility upgrades within the
utility corridor, and other re -grading not included as part of a building permit application.
. A. The snowmaking reservoirs will be located on or above areas with a history of landslides and
earthflows. The plans for the reservoirs shall include a detailed evaluation of how construction may
impact slope stability short and long-term. The Applicant shall develop and implement a monitoring
plan to detect slope movement and increases in ground water levels. The monitoring plan shall
include a performance measure that requires draining of the reservoirs in the event of significant
slope movement. The plans shall be reviewed and approved by the Colorado Geological Survey,
prior to issuance of the Earthmoving Permit.
1/
Resolution Noff6%-2013
Page 5
B. The proposed utility corridor and snowmaking lines cross unstable or potentially unstable slopes.
Failure of water lines could result in catastrophic slope failures. With the permit application(s) for
water/snowmaking lines, the Applicant shall provide measures/ systems to quickly detect and correct
water line leaks.
C. Areas of expanded snowmaking are located on landslides and the runoff will flow onto areas with a
history of instability. With the permit application(s) for snowmaking, the Applicant shall submit
information on existing vegetation cover and drainage conditions in areas where snowmaking is
proposed and a monitoring plan to ensure that drainage problems are not exacerbated with the
implementation of snowmaking.
14. The Applicant shall submit applications for Site Plan Review for the on -mountain Vehicle
Maintenance Facility and Lift Maintenance Facility prior to submission of building permit
applications. With the applications, the Applicant shall demonstrate that the proposed building avoid
avalanche hazard areas.
15. The Applicant shall comply with all of the codes and requirements of the Aspen Fire Protection District,
including but not limited to fire department access, and fire sprinkler and fire alarm systems.
16. The remodeled kitchen at Bumps must go through a plan review process and be properly licensed by the
Environmental Health and Natural Resources Department.
17. Prior to implementation of the Master Plan, the employee baseline for Buttermilk is set at 121 FTEs
(based on the 1997-98 baseline). An employee audit shall be completed two years after completion of
both the Children's Center and the Skier Services building. Additional audits shall be required every
five years after the initial audit. The employee audits shall be completed at the expense of the
Applicant. The auditor shall be approved by the Aspen/Pitkin County (lousing Authority staff. Any
additional FTEs in excess of 121 shall be mitigated based upon the housing impact fee in effect at the
time of payment and no later than one month from the date of the audit finding. Alternative mitigation
may be provided, if approved by APCI-IA and the BOCC. All additional employees shall be mitigated
whether from the expanded development or via other services provided by the Applicant.
18. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the
corners of the area to be disturbed and install construction fencing around the perimeter of this arca.
All disturbance shall occur within the Activity Envelope designated in the Master Plan. The fencing
shall remain in place until a Certificate of Occupancy is issued for the structure.
19. All signs and lighting shall comply with applicable regulations in the Land Use Code.
20. The Applicant shall comply with the following standards for Development in a Low Wildfire Hazard
Area:
A. Roofing: Class A covering or Class A Assembly as defined by the currently adopted Building
Code. No wood shakes or shingles. Roofs with Tess than a 3:12 pitch are not permitted unless
they comply with the following:
I) All roof coverings shall be constructed of non-combustible materials and installed on a Class
Resolution No.( 2013
Page 6
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 shalt have a minimum
pitch of 1:48.
5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the
Fire Marshall prior to submittal of a building permit application.
B. 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 ('VI)
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) Firewood/wood piles shall he stacked on a parallel contour a minimum of fifteen (15) feet
away from the structure.
6) Swimming pools and ponds shall be accessible by the local fire district.
7) Fences shall be kept clear of brush and debris.
8) Wood fences shall not connect to other structures.
9) Addresses shall be clearly marked with two (2) 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.
21. The Applicant shall comply with the following to mitigate impacts on wildlife:
A. Silt fences shall be installed between any construction and any body of permanent or ephemeral
water body during all phases of construction according to the standard in the County Asset
Management Plan.
B. Trash/garbage shall be kept in approved bear resistant containers or enclosures, including during
construction. A designated recycling area shall be provided.
C. Contractors and construction workers shall be prohibited from bringing dogs on -site during
construction.
Resolution No.602013
Page 7
22. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements
have been conducted. These requirements will be considered at the time of building permit. Any
structures represented in the application must comply with applicable building and zoning regulations.
23. Statutory vested rights for the approvals contained herein are granted pursuant to the Pitkin County
Land Use Code and Colorado Statutes, subject to the exceptions sct forth in Pitkin County Land Use
Code, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on
//— , 2023.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 3rd day
of October, 2013.
APPROVED this 6i' day of November, 2013.
PUBLISHED AFTER ^ADOPTI FOR VESTED REAL PROPERTY RIGHTS in the Aspen
Times Weekly on the%`'day of 5pttwf+v2013.
Jeette Jones, Clerk to he BOCC
1
APPROVED AS'10 CONTENT:
\
Cindy 1-louben
Community Development Director
P029-I 2
PID #273503401001
BOARD OF COUNTY COM ISSIONERS,
PITKI ` COUNTY, COLORDO
By
APPROVED AS TO FORM:
John
Counfy7 [omey.
6.1 LISTING OF USES
The following listing of uses shall serve as a guide for the administration of the approval process for
the lands within the Buttermilk "SKI-REC" Zone Boundary. Pitkin County Land Use Code Section 2-
40-100 states all uses are subject to approval through the master plan process and must be
organized by:
• Activities and uses allowed all year;
• Activities and uses allowed during the traditional winter ski season;
• Activities and uses allowed during the traditional spring, summer, fall seasons;
• Activities and uses which are allowed by further review.
Activities and Uses Allowed All Year
Activities which are allowed all year are those uses which are typically associated with the year-
round recreational use of the mountain and have little or no environmental and service related
impacts. Refer to the Buttermilk Mountain Master Plan illustration (Figure L-02, Buttermilk
Mountain 2007 Master Development Plan - Proposed Conditions) which shows locations of
buildings, lifts, ski terrain, catwalks and utility corridors. Permanent uses allowed by right year
round include the following:
1) General maintenance activities normally associated with the operation of the recreation
area including but not limited to:
a) Construction of new ski lift facilities as depicted in the plan, as well as lift renovation,
relocation, upgrading and maintenance to the extent there is no significant increase in
either the bulk of the top or bottom terminals. There will be no significant increase in
visibility as seen from the corridors designated in Sec. 7-20-120 of the Code.
b) Removal of lifts.
c) All ski trail work including grading, clearing, glading, fine grooming, re -vegetation and
other such activities normally associated with the construction, maintenance and
improvement of trails.
d) Construction of terrain parks, terrain features, and ancillary snowmaking.
e) Maintenance on all existing hiking, biking and equestrian trails including grading,
clearing, re -vegetation and other such activities normally associated with the
maintenance and improvement of existing trails.
f) General maintenance, modification, reconstruction, upgrades, demolition and
renovation of base area and on -mountain structures, including snowmaking equipment
and infrastructure.
g) Construction staging for activity taking place on site.
hJ Existing access road maintenance and widening subject to administrative review.
2) Construction of buildings and facilities depicted in the Master Plan, subject to required
building permits and other applicable approvals
3) Outdoor recreational uses and facilities set in natural environmental conditions, including
but not limited to, skiing, snowboarding and other winter and summer recreation sports, ski
racing, climbing walls, bungee jumping and organized group events, playgrounds and
outdoor environmental education areas,
4) Expansions of any individual building by 10% or 1,000 square feet, whichever is less.
5) Aspen Skiing Company offices.
6) Grazing on Forest Service lands when allowed by Special Use Permits through the Forest
Service.
7) Hunting on Forest Service lands where and when allowed by governing state, federal and
local authorities.
8) Hiking, biking, horseback riding on mountain roads and trails and other recreational
endeavors on federal, state and locally controlled areas, except when prohibited due to on -
mountain construction.
9) Interpretive signs.
10) Picnics.
11) Races on ski, snowboard, foot, bike or other recreational, non -motorized methods.
12)Award ceremonies..
13) Construction of the utility trenches as needed for the repair and maintenance of all utility
and snowmaking systems. Water lines, water treatment facilities, compressed air lines, and
other such utilities required for the operation of manmade snow -making machinery
14) Extension of snowmaking terrain depicted in the Plan.
15) Vehicle and equipment maintenance and storage shops.
16) Utility lines required for the operation of the ski area.
17) Existing access roads for maintenance and construction of facilities within the ski area.
18) Fuel farms.
19) High explosives storage including construction of the Powder Mixing and Storage Magazine
Facility.
20) Communication transmission sites subject to required Pitkin County land use review and
approval.
21) Access roads for maintenance and construction of facilities within the ski area.
22) Tube, lattice and other types of lift towers needed to achieve optimum lift operations.
_23) New or replacement top and bottom drive and return stations and lift operator cabins not
visible as seen from the corridors designated in Sec. 7-20-120 of the Code.
24) Annual maintenance and or replacement of lift machinery and systems as long as such work
does not significantly result in change to the lift's capacity, alignment or length.,
25) Storage of ski area equipment
26) Construction staging for the use and benefit of the applicant and its affiliates only.
,27) Special events including weddings, concerts, children's activities, private parties, worship
services, fund raising events, and other group activities and social events with fewer than
500 people hosted at one time.
28) Accessory recreational facilities and structures designed to support specific recreational
endeavors.
29) Information shelters and snack stands on the mountain.
30) Public parking lot use through continued'agreements for recreational, ancillary and other
permitted uses.
31) Public transportation and private transportation. •
32) Overnight truck parking by applicant and its affiliates.
33) Rental and sales of recreational equipment and goods in support of mountain activities.
34) Entry signs and relocation of existing Buttermilk Ski Area signs subject to and as approved
in the Master Plan or by other Pitkin County review.
35) Public restrooms.
36) Commercial photography and film shoots subject to applicable commercial permits.
37) Environmental/nature tours and education programs.
38) Professionally guided fee based recreational, environmental or nature tours subject to
Pitkin County permitting as required for the operator.
39) Food preparation and service for catering and special events.
40) Community space for training, events, and fairs for events with fewer than 500 people with
limited exterior visual impacts.
41) Aspen Skiing Company meetings and corporate training events with fewer than 500 people.
42) Special events with more than 500 people, subject to Pitkin County approval for a special
event, temporary commercial use permit.
Uses Allowed by Right during the Traditional Winter Season or during the Preparation for
the Opening of the Ski Area.
Uses and activities allowed during the traditional winter season or during the preparation for the
opening of the ski area are set by the adoption of this plan.
According to section 2-40-100 of the Pitkin County Land Use Code these are: "Activities which are
allowed during the traditional winter season are those uses which provide basic support services
for mountain operations and have little or no environmental and service, related impacts". The
allowed winter uses include:
1) Snowboarding, snowshoeing and skiing, both Nordic and Alpine.
2) Outdoor recreational uses and facilities set in a natural environment including but not
limited to ski racing, free -style contests, Nordic jumping and other such snow -sport
organized special events utilizing amplified public address systems.
3) Ski/Snowboard lessons- group and private.
4) Restaurants, including indoor and outdoor eating and drinking establishments.
5) Personal service outlet including equipment rental and repair activities in support of
mountain activities.
6) Lift operation of all lifts shown and described in accompanying plan.
7) Accessory uses to ski area operations not otherwise specifically identified.
8) Existing accessory buildings including, but not limited to patrol stations, warming huts,
equipment storage buildiriks and lift operator huts.
9) Indoor recreational facilities including but not limited to video games, table games, and
climbing wall.
10) Ticket sales areas.
11) Snowmaking.
12) Avalanche control work accomplished by the use of high explosives.
13) Snow grooming including, but not limited to, rolling, tilling, compaction, cutting, dozing and
relocating.
14) Establishment of lift opening times, trail closures, grooming schedules, snowmaking efforts
and other on -going mountain management issues.
1S) Guided skiing tours within ski area permit boundary.
16) Magic carpets to transport beginner skiers.
17) Ski storage and transfer
18) Commercial photography and film shoots.
Uses Allowed by Right during the Traditional Spring, Summer, Fall Seasons.
Uses and activities allowed during the traditional Spring, Summer and Fall seasons are set by the
adoption of this plan.
1) Outdoor recreational uses and facilities set in a natural environment including mountain
boarding, horseback riding, disc golf, bungee trampoline, concerts with groups under S00
people and other similar or common mountain recreation activities not specifically
mentioned but excluding Alpine Slides, Water Slides, Mountain Coasters or similar uses
which would require further review.
2) Fruit stand.
3) Pre -season pass sales.
Uses Requiring a Special Event Permit.
1) Events with more than S00 people at one time.
2) Events in the evening at the Cliffhouse (after 6:00 in the winter or after 8:00 in the
summer).
3) Events that utilizes the parking lot for anything other than parking (art show, etc.).
4) Any multi -day event that does not directly support ski operations.
S) Any event (such as a concert) that is based outside on the mountain (and not at Bumps or
the Cliffhouse).
Uses Allowed by Further Review
This section identifies uses and activities requiring further review by the BOCC prior to their
implementation.
1) Special summer attractions including: hang gliding, zip line, commercial jeeping, Alpine
Slides, Water Slides, Mountain Coasters or similar activities
2) New shelters or restaurant facilities not identified on the current plan submission.
3) Summer operations of the Children's Center or day care/summer camp activities including
outdoor education, sports/athletics and arts/crafts.
4) Expansion of snowmaking coverage outside of area included within this Master Plan.
5) Any new building not currently included in the Master Plan, which will exceed the 28' height
limitation or will be visible from the corridors designated in Sec. 7-20-120 of the Code.
11'
6) All building expansions greater than 1,000 sf or 10% of the existing gross floor area.
7) All new hiking, biking and equestrian trail work including grading, clearing, re -vegetation
and other such activities normally associated with the construction and improvement of
trails.
8) Summer Public Operation of the restaurants except for uses already noted and approved.
9) Nightoperations of the Summit Express Lift, Park and Pipe Lift and associated terrain
unless otherwise permitted under a special event permit.
10) Night operations of the Cliffhouse restaurant until 12:00 a.m unless otherwise permitted
under a special event permit.
11) Nordic jumps, auxiliary buildings and snowmaking •
12) Private dining ski clubs.
13) Hang Gliding or similar aerial uses and activities
14) Summer lift operation except as permitted under a special event permit.
15) Summer and shoulder season operation of a cycling and mountain bike center or shop
located in or utilizing buildings and permitted structures described in the Master Plan,
including, but not limited to activities such as rental, repair, bike service, retail sales,
instruction, information, patrol and emergency medical support, and other guest services
related to bicycle recreation.
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EXHIBIT C
9/30/2014 Pitkin County Mail - Application for an Optional Premise License
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Jeanette Jones <jeanette.tones@pitkincounty.com>
Application for an Optional Premise License
3 messages
Jeanette Jones <jeanette.jones@pitkincounty.com> Mon, Sep 29, 2014 at 9:28 AM
To: Joe DiSalvo <joe.disalvo@pitkinsheriff.com>, Kurt Dahl <kurt.dahl@pitkincounty.com>
Cc: Ron Ryan <ron.ryan@pitkinsheriff.com>
All: Attached is an application submitted by the Aspen Skiing Company for an Optional Premises License for
Bumps Restaurant, which incorporates portions of the Buttermilk Mountain ski area. The ski company has
requested agenda time on October 8th for the board to consider this application. If you have any comments
related to this application could you have them to me by Wednesday morning if possible. Thanks for your help
This message (including any attachments) is intended only for the use of the individual or entity to which it is
addressed and may contain information that is non-public, proprietary, privileged, confidential, and exempt from
disclosure under applicable law or may constitute as attorney work product. If you are not the intended recipient,
you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly
prohibited. If you have received this communication in error, notify us immediately by telephone and (i) destroy
this message if a facsimile or (ii) delete this message immediately if this is an electronic communication. Thank
you.
Jeanette Jones
Deputy County Clerk
Clerk to the Board of County Commissioners
970-920-5157
Bumps Optional Premise.pdf
2283K
Joe DiSalvo <joe.disalvo@pitkinsheriff.com> Mon, Sep 29, 2014 at 12:25 PM
To: Jeanette Jones <jeanette.jones@pitkincounty.com>
No problems here.
Thanks
[Quoted text hidden]
Joe DiSalvo
Pitkin County Sheriff
506 East Main Street
Aspen, Colorado 81611
(970) 920-5300
joe.disalvo@pitkinsheriff.com
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