HomeMy WebLinkAboutbocc.res.070.2019RECEPTION#: 660224, R: $0.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 23, 11/07/2019 at 01:42:08 PM
Janice K. Vos Caudill, Pitkin County, CO
RECEPTION#: 660131, R: $0.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 23,11/04/2019 at 12:52:25 PM
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS (`BOCCI,) OF PITKIN
COUNTY, COLORADO APPROVING THE 2018 ASPEN MOUNTAIN SKI AREA AMENDED
AND RESTATED SKI-REC MASTER PLAN, ACTIVITY ENVELOPE AND SITE PLAN REVIEW
`y Resolution No. �23 -2019
N
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. Aspen Skiing Company ("Applicant" or "ASC") is requesting approval of an Amended and Restated
SKI-REC Master Plan for the Aspen Mountain Ski Area to address existing and proposed facilities
and uses. Uses, components and elements of the Master Plan that were previously approved and exist,
and are not proposed to be changed or altered are being "Restated." Other components are new to
Y this Master Plan and are referred to as the "Upgrade Plan." The Applicant is also requesting Activity
Envelope and Site Plan approval for specific improvements.
3. The Applicant also applied to rezone private and public lands from Agricultural/Residential 10 acre
("AR -10") and Rural/Remote ("RR") to Ski Recreation ("SKI-REC") in the Pandora area to the south
v and east of the existing ski area and to include terrain, lift and related improvements in this area (the
"Pandora Development") in the SKI-REC Master Plan. These requests were bifurcated at the request
of the Applicant from the remainder of the application, and the Pandora Development is not included
or discussed in the Upgrade Plan as described herein.
4. The Upgrade Plan in the Master Plan includes the following elements:
j A. Upgrade or realign two existing lifts- Shadow Mountain and Bell Mountain.
M B. New snowmaking coverage on six existing trails that would cover approximately 53 acres on the
Ci upper portion of the ski area. This improvement will require the installation of underground
v water/air pipe lines and electrical wire, as well as the construction of a booster water pump station
and two additional snowmaking storage ponds.
C. Construct a new Patrol Headquarters Building (PHQ) adjacent to the north side of the Silver
Queen Gondola storage building. The existing PHQ will be demolished.
D. Re -open Ruthie's Restaurant, which could include renovation and remodeling, upgrading and/or
rebuilding. In addition to reopening as an on -mountain lunch venue, evening food and beverage
offerings with access provided by a realigned Lift IA/ Shadow Mountain lift are also planned.
E. Construct one or more on -mountain cabins or huts in the vicinity of Ruthie's Restaurant for
overnight accommodations.
F. Upgrade, expand, remodel and/or redevelop the existing Buckhorn Cabin to provide an expanded
shelter alternative and food and beverage option for daily operations and special events.
G. Install additional cell tower sites, data equipment, fiber optic lines, and antennae tower sites.
H. Summer and multi -season projects, including downhill and flow mountain biking and hiking
trails, challenge course, climbing wall, bouldering or climbing features and upgraded music
venue, are planned in accordance with the summer zone designations.
I. Continuation of summit landscaping, including but not limited to improvements in and around
art, music, and wedding venues.
Resolution NO.I/YU -2019
Page 2
The Aspen Mountain Ski Area is located on Aspen Mountain and consists of numerous platted,
separately described public and private lands, described in Exhibit A. Approximately 63% of the
land on which the Ski Area operates is privately owned. ASC owns much of the private property
and/or has ski easements on the property that it does not own. Approximately 37% of the land is
composed of National Forest Service lands. ASC also owns approximately 16.3 acres within the City
of Aspen boundary at the base of the Ski Area.
6. The existing ski area is zoned SKI-REC.
7. The current Aspen Mountain Ski Area Master Plan was approved by the Board of County
Commissioners by Resolution No. 98-80, with various amendments approved over time.
8. ASC submitted a new master plan proposal to the United States Forest Service (USFS) in 2017 for
review. The USFS accepted the Applicant's "2018 Aspen Mountain Master Development Plan
(MDP)" in January 2018. The 2018 MDP as developed and submitted to the USFS amends and
updates the existing federal 1997 Aspen Mountain Master Plan. The MDP provides a detailed
assessment of existing facilities and operations on Aspen Mountain, as well as a comprehensive
overview of planned elements within the Aspen Mountain Special Use Permit (SUP) area and on
private lands.
9. ASC subsequently submitted the Pandora Development and Summit Snowmaking Projects for federal
project and NEPA review. The District Ranger issued a Final Decision Notice for the Environmental
Assessment on March 20, 2019.
10. The Pitkin County Planning and Zoning Commission ("Planning Commission") adopted Resolution
No. PZ -03-2019 On March 19, 2019, recommending approval of the Aspen Mountain Ski Area SKI-
REC Master Plan, Activity Envelope and Site Plan Review to the Board of County Commissioners
for consideration.
11. The BOCC finds that the proposed Amended and Restated Aspen Mountain Ski Area SKI-REC
Master Plan for the existing Aspen Mountain Ski Area is consistent with the Pitkin County
Comprehensive Plan and the Land Use Policies stated in the Code.
12. 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.
13. The BOCC further finds that the Growth Management Quota System is not applicable to the SKI-REC
Master Plan. With the ski areas, ASC, Aspen/Pitkin County Housing Authority ("APCHA") and the
County have agreed to utilize a different methodology for employment generation, since employee
generation is rarely tied to building square footage. For the ski areas, ASC provides the total number
of hours worked by all employees — full-time, part-time, seasonal — and divides the total by 2,080
hours (52 weeks X 40 hours per week). This provides the actual FTE generation for the current
operation. The FTE baseline for Aspen Mountain, established in the 1997 Master Plan, is 164.4 FTEs.
The ski area has not exceeded this baseline, and agrees that mitigation will be required for any FTEs
in excess of 164.4
14. The BOCC further finds that the Activity Envelopes for the base area and on -mountain facilities comply
with the Code as follows:
Resolution No.W -2019
Page 3
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. The wildfire hazard can be mitigated.
C. The proposed Activity Envelopes are primarily in areas where there is existing development.
Remodeling, expansion or replacement of facilities within the envelopes will not create additional
impacts on wildlife.
D. The Activity Envelopes avoid geologic hazard areas.
E. The Activity Envelopes avoid river and stream corridors and wetlands.
15. The BOCC further finds that the proposed expansion of the Sundeck will not be visible from Castle
Creek Road, and, therefore, is exempt from Scenic Review.
16. The BOCC further finds that it is not appropriate to include on -mountain cabins or huts in the vicinity
of Ruthie's Restaurant for overnight accommodations as a further review use in the Master Plan.
17. The BOCC finds that it is appropriate to grant a 10 year vested right for the Activity Envelope and Site
Plan approvals granted herein to coincide with the 10 year time frame of the Master Plan.
18. The BOCC finds that it is in the best interests of the citizens of Pitkin County to approve this
Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin
County, Colorado that it hereby adopts a Resolution Approving the Amended and Restated Aspen
Mountain Ski Area SKI-REC Master Plan, Activity Envelope and Site Plan Review, subject to the
conditions set forth herein, which shall run with the land and be binding on all successors in interest, and
authorizes the Chair to sign the Resolution and upon the satisfaction of the County Attorney as to
form, execute any other associated documents necessary to complete this matter.
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 2018 Aspen Mountain Amended and Restated SKI-REC Master Plan attached hereto as Exhibit C
shall replace the 1998 Master Plan and all subsequent amendments.
3. The approved Listing of Uses and Activities for the ski area is attached as Exhibit B. The Listing
specifies the following:
A. Activities and uses allowed all year;
B. Activities and uses allowed during the traditional winter ski season;
C. Activities and uses allowed during the traditional spring, summer, fall seasons;
D. Activities and uses which are allowed by further review.
4. 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, Activity Envelope Plans and Site Plans. The above referenced approvals shall be a
Resolution No.N-2019
Page 4
condition precedent to finalization and recordation of the documents.
5. All newly created roadways or roadway improvements outside of an existing County road right-of-
way must be accompanied with a dedication of right-of-way or fee interest as determined by the
County in a form acceptable to the County Attorney. The dedication must be accepted by the BOCC
by Ordinance, prior to submission of any permits for the roadway improvements.
6. The time frame of the Master Plan is 10 years. After 10 years the Applicant shall provide an update
to the County on the status of the Update Plan and shall submit a request to the County to extend the
time frame of the Master Plan and/or the vested rights, if so desired.
With the applicable development permits for improvements described in and approved by this Master
Plan including, but not limited to, the snowmaking expansion, lift relocation and replacement, utility
extension, snowmaking ponds, lines and pump station, the Applicant shall:
A. Submit a Construction Management Plan. The Plan shall specifically address the use of County
roads and shall be reviewed and approved by the County Engineer. If the Plan includes use of Little
Annie Road or Midnight Mine Road the Little Annie Homeowners Association and other residents
and property owners along the roads shall have the opportunity to review and comment on the Plan;
notification shall be provided via the County website.
B. Submit a site specific drainage and erosion control plan prepared by a qualified engineer or geologist
for review and approval by the Planning Engineer. If the project disturbs more than one acre, a State
Stormwater Permit shall be obtained prior to permit issuance. All historic and natural drainage
patterns shall be maintained.
C. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes.
D. Submit a noxious weed mitigation plan.
E. With the permits for the snowmaking ponds, submit a report provided by an engineer or geologist
licensed in the State of Colorado confirming that the slope's ground surface is not prone to
instability or failure and that the proposed development will not cause greater instability or
increase the potential for slope failure.
8. 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.
9. Prior to implementation of the Amended and Restated Master Plan, the employee baseline for Aspen
Mountain is set at 164.4 FTEs (based on the 1997 baseline). Employee audits shall be completed two
years and five years after issuance of a Certificate of Occupancy for the Sundeck expansion. The
employee audits shall be completed at the expense of the Applicant. The auditor shall be approved by
the Aspen/Pitkin County Housing Authority staff. Any additional FTEs in excess of 164.4 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 APCHA and
the BOCC. All additional employees shall be mitigated whether from the expanded development or via
other services provided by the Applicant. Additional audits shall be required through the further
Resolution No.06-2019
Page 5
review for the reopening of Ruthie's restaurant or if otherwise determined to be appropriate.
10. The BOCC finds that the expanded snowmaking approved by this Resolution may result in a potential
increase in water usage by the Applicant. This potential increase in water use will generally occur
during the traditional snowmaking period from November 1 through January 15 and outside this
period for the purpose of supporting special occurrences or events on Aspen Mountain. In order to
protect the riparian and aquatic environments associated with Maroon and Castle Creeks below the
points of diversion for the City of Aspen which provide water for snowmaking, the Applicant will
participate with Pitkin County in a collaborative program to investigate and quantify the aquatic and
riparian environment on Maroon and Castle Creeks, including fishery habitat and macroinvertebrates.
Applicant will participate in a riparian study with a methodology consistent with or similar to that
described in A Scientific/Social Framework for Managing Impacts of Water Diversions to
Protect Stream Health in Pitkin County, Colorado as authored by Greg Espegren, May 2012 and
published as an addendum in the Pitkin County Land Use Code. Applicant and Pitkin County will
work together to select a mutually acceptable technical consultant or consultants to begin such
investigations and collect data in the Fall of 2019, and to repeat such data collection and evaluation of
stream health as appropriate for the duration of the Ski Area Master Plan. If, in the future and
following discussion between Applicant and Pitkin County, the technical consultant engaged to
undertake the stream monitoring program described above determines that additional water usage, if
any, arising out of the expanded snowmaking approved by this Resolution, is having a negative
impact upon the health of Castle or Maroon Creeks, or that such negative conditions associated with
the health of these stream systems are occurring at the same time as snowmaking activity, then Pitkin
County may require that Applicant limit its water usage to the historical volume of water used for
snowmaking purposes prior to approval of this Resolution, so long as the technical consultant or
consultants determine that it is reasonably likely that Applicant's activities are contributing to
negative conditions resulting in adverse stream health and that timely limiting such additional water
usage is reasonably likely to impact the improvement of the health of the stream system. Applicant
and Pitkin County shall develop an operating plan concerning the expanded snowmaking activity
within the scope of this Resolution prior to Applicant's operation of such expanded snowmaking
activity, to the satisfaction of the Pitkin County Attorney.
11. Night use of the Silver Queen Gondola and Sundeck is subject to the following restrictions:
A. Lighting: Previously approved and installed lighting may remain. New lighting shall comply
with the Land Use Code. No lighting of the individual gondola cars and/or towers shall be
allowed.
B. Hours of Operation: Night time use of the Silver Queen Gondola and Sundeck shall be permitted
year-round for public and private events. Gondola operations shall cease by 1:00 AM for guest
transportation and 2:00 AM for employee downloading on event nights, unless approved by a
Special Event Permit. The Gondola shall cease operations by 8:30 PM on non-event nights year-
round.
C. Number of Events: The number of night-time events shall not exceed a maximum of 110 events
in one calendar year.
D. Permitted Capacities: All event use may accommodate up to 500 people (at one time) within the
Sundeck building. Events of more than 500 people (at one time) shall be subject to a Special
Event Permit.
E. Annual Review: There shall be no required annual review of night use/events. Reports for night
Resolution No. Ine -2019
Page 6
use/events shall be provided upon request from the Community Development Director.
F. Public and Guest Access and Service: Access to the Sundeck for the public, guests and staff shall
be by the Silver Queen Gondola. In the event of emergencies, access and egress for the public,
event guests and staff may be made via Summer Road, Little Annie Road and Midnight Mine
Road. -
G. Noise Restrictions: Noise levels for night events shall comply with the Noise Abatement
standards in the Pitkin County Code.
H. Publications and Notices: No publication or public notice shall be required prior to night use.
12. The Sundeck and Silver Queen Gondola shall not be used to stage events in the Rural/Remote zone
district. The Sundeck and Silver Queen Gondola may be used as an aid station as part of an
organized race that has obtained a Special Event Permit (such as the Elk Mountain Grand Traverse
and the Power of Four).
13. The Applicant may use Summer Road, Little Annie Road and Midnight Mine Road in the summer
season for routine service, maintenance, and supply trips associated with or required for mountain
operations. The Applicant has committed to utilize Summer Road and the Aspen Mountain Cutoff
Road for the majority of these trips with certain improvements to Summer Road, which shall be
approved by the County Engineer.
14. Use of Little Annie Road and Upper Midnight Mine Road for access to the Sundeck for event
support, staging, material delivery, service and supply shall only be allowed when Summer Road is
impassable, for oversize vehicles, or for other good cause if approved by Pitkin County Community
Development staff and at their sole discretion, and if allowed, shall be limited to the hours of 6:00
AM to 11:00 PM.
15. Use of Summer Road, Little Annie Road and Midnight Mine Road for construction access shall be
subject to approval of a Construction Management Plan by the County Engineer and Community
Development.
16. Prior to commencement of any construction activity associated with lift terminals or structures, the
Applicant shall stake the corners of the area to be disturbed and install construction fencing around
the perimeter of this area. All disturbance shall occur within the Activity Envelopes designated in the
Master Plan. The fencing shall remain in place until project completion or a Certificate of
Occupancy, as applicable.
17. The Applicant shall comply with the standards in the Land Use Code for Development in Low or
Medium Wildfire Hazard Areas, as applicable to each approved Activity Envelope.
18. The Applicant shall comply with the following to mitigate impacts on wildlife:
A. Trash/garbage shall be kept in approved bear resistant containers or enclosures, including during
construction.
B. Contractors and construction workers shall be prohibited from bringing dogs on-site during
construction.
C. The new snow -making ponds shall have the following features to allow ingress and egress of
wildlife: (1) At least one bank with 5:1 side -slopes, and (2) Any liner shall be covered with a
Resolution N6.0 -2019
Page 7
minimum of 12 inches of screened native soil material.
19. 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.
20. Statutory vested rights for the Activity Envelope and Site Plan approvals contained herein are granted
pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set
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 September 11, 2029.
Resolution No.0 `U-2019
Page 8
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 14th
day of March, 2019.
INTRODUCED AT A DULY NOTICED PUBLIC HEARING on the 10th day of April, 2019.
READ AT CONTINUED PUBLIC HEARINGS on the 24`h day of April, 2019, the 8U' day of May,
2019, the 22nd day of May, 2019, the 26b day of June, 2019, the 21st day of August, the 28th day of
August, and the 11ffi day of September, 2019.
FINALLY ADOPTED on the 11'x' day of September, 2019.
PUBLISHED AFTER ADOPTI N FOR VESTED REAL PROPERTY RIGHTS in the Ashen
Times Weekly on the °�tlay of QZWb'v, 2019.
ATI T: /
Jette Jones
7ty County Clerk
APPROVED AS TO FORM:
, y, n�
ey
___w
P058-18
BOARD OF COUNTY COMMISSIONERS
0001,
B /
eg chman, Chair
Date:
APPROVED AS TO CONTENT:
Cindy Houben,
Community Development Director
Resolution No.0 V -2019
Page 9
EXHIBIT A
The Amended and Restated Aspen Mountain Master Plan encompasses all or a portion of the
following parcels. Certain parcels are only partially within the existing SKI-REC boundary, as shown on
the Exhibit A Supplement.
Parcel # Owner USMS # or Legal Description
273513100015 1 CA Kelly Duxie Claim USMS #3987
273513100024 Aspen Skiing Company + Pitkin
Pride of the Hills USMS #3916
County+Aspen Mountain Mining
Corp
273513100046
Aspen Skiing Company + Aspen
Pioneer USMS #1721
Mountain Mining Corp +
Mcconaty Mrs James + Hughes
Doris B + Patten Caroline C +
Balenseifen Suzanne B +
Bartholomew Charley H + Hughes
Charles J JR + Aspen Silver Water
LLC
273513100057
Aspen Skiing Company
Big Chief USMS #4237, Little Chief USMS #5850
273513100802
Aspen Skiing Company + Aspen
Center USMS #4371
Valley Land Trust
273513100852
Pitkin County
Sixty -Six USMS #5592
273513126001
Aspen Skiing Company
Subdivision: EAMES ADDITION Block: 10 Lot: 1
THRU:- Lot: 14
273513127001
Aspen Skiing Company
Subdivision: EAMES ADDITION Block: 12 Lot: 1
THRU:- Lot: 7
273513300004
Pitkin County + Leeper Farms Inc
Mattie Woods USMS #7097, Gray USMS #7097,
Joseph Graham USMS #7097
273513300008
Pitkin County+ Bryant Nancy
Coronado USMS #5410
273513300009
Pitkin County + Vincent Ronald L
Orient USMS #5410
& Terry L
273513400002
Unknown Owners - Aspen Skiing
Big Four USMS #18453
Company has common law
surface rights over this property
Resolution No. N-2019
Page 10
273513400003
Aspen Skiing Company + Oxy
Broadway USMS #1631
Mining LLC
273513400004
Aspen Skiing Company + Aspen
Multenoma USMS #14822
Mountain Mining Corp
273513400009
Aspen Skiing Company + Pitkin
Georgia USMS #18379
County
273513400010
Aspen Skiing Company + Aspen
Mabel USMS #5962
Mountain Mining Corp + White
Virginia Flynn
273513400014
Aspen Skiing Company + Oxy
Durgen USMS #1665
Mining LLC
Resolution No.1�10-2019
Page 11
273513400028
Aspen Skiing Company
AMERICAN USMS #6258, ARIZONA USMS #5191,
ASPEN USMS #3641, ASPEN MAMMOTH USMS
#1617, BANNER USMS #4265, BETSY JANE USMS
#3623, BIJOU USMS #5390, BONNY BELLE USMS
#1387, CHANCE SOUTHERN PORTION USMS
#1830, CONOMARA USMS #3643, CONOMARA 2
USMS #7130, DR FRANKLIN USMS #3886, DURANT
USMS #1722, DURANT C R USMS #20385,
EXCELSIOR USMS #6868, FOREST USMS #15914,
FOREST (NOT PATENTED) USMS #3649, FRANKLIN
USMS #4632, GENERAL SHIELDS USMS #3534,
GOLCONDA USMS #3644, HERCULES USMS #3974,
HIDDEN TREASURE USMS #3705, HOMESTAKE
USMS #4634, HOSKINS USMS #1723, IRON USMS
#1724, J E S USMS #5318, JOTE SMITH USMS
#3914, KEYSTONE USMS #3132, KING BEE USMS
#5099, LA SALLE USMS #1601, LATE ACQUISITION
USMS #1484, LITTLE GIANT USMS #2529,
MILLINEE USMS #3713, MILLIONAIRE USMS
#3520, MILLIONAIRE MILLSITE USMS #3620,
MONARCH USMS #1725, MONOGAHEIA USMS
#3663, MOSE USMS #1742, ROBERT EMMETT
USMS #3658, SILVER STAR USMS #3700, SPAR
USMS #1403, STEELE USMS #3650, STILWELL
USMS #3779, TIPPERARY BOY USMS #4250,
TRAYNOR USMS #3915, TREASURE USMS #10381,
VULTURE USMS #5658, WASHINGTON 2
(NORTHERN PORTION) USMS #1867,
WASHINGTON 2 (SOUTHERN PORTION) USMS
#1867, WAY UP USMS #3903
273513400030
Pitkin County
Tariff USMS #5410
273513400043
Aspen Skiing Company + Aspen
Aspen Fraction USMS #3641
Mountain Mining Corp
273513400901
Aspen Skiing Company
ASPEN SKIING COMPANY IMPS ON ASPEN
MOUNTAIN INCLUDING RESTAURANTS
SNOWMAKING BUILDINGS & STRUCTURES
273524100004
Aspen Skiing Company + Pitkin
Bay State USMS #3653
County + Hunziker Bruce A
Resolution No. NO -2019
Page 12
273524100016
- ------
Aspen Skiing Company +
Bonanza USMS #4351, Hidden Treasure USMS
Continental Divide Co + Aspen
#4282
Silver Water LLC
273524100018
Aspen Skiing Company + Pitkin
Mayflower USMS #3986
County + Continental Divide Co +
Bryant Nancy + Vagneur Tony
273524100035
Pitkin County + Continental
St. Paul USMS #4279
Divide Company + Aspen Silver
Water
- V _-
T FILM111 r�nington UJIVIJ ff4uu4 & Ruby USMS #3642
County + Aspen Mountain Mining
Corp
273524100046 Aspen Skiing Company -+ Bryant
Nancy
273524100053 Aspen Skiing Company + Pfister
Group + Stewart Maco + Bryant
Nancy
273524100580 Aspen Skiing Company
2735241008511 Pitkin County
Denver USMS #2047, Standby USMS #5317
San Jacinto USMS #4275
DOLLY DOT USMS #4088, KATIE FULTON USMS
#4089, LITTLE MAGGIE USMS #4090, HARRISBURG
USMS #1602, LITTLE PERCY USMS #3707,
ABINGDON USMS #3652, HIDDEN TREASURE
USMS #5276, AMAZON USMS #7363, BOB
INGERSOL USMS #2319, BEST FRIEND USMS
#4049, SAM HOUSTON USMS #4048
Charles L USMS #4812
273524400006 Aspen Skiing Company + Pitkin Silver Star USMS #3882
County+Aspen Mountain Mining
Corp + Pfister Group + Stewart
Maco
273524400011 I Aspen Skiing Company + Pfister
Group + Stewart Maco
MONTE CRISTO USMS#4015, WESTERN UNION
USMS #4014, MINNIE MOORE USMS #5981,
MARLIN USMS #4168, IOWA CHIEF USMS #2246,
CELESTE USMS #3992, DIXON USMS #3957, GOOD
THUNDER USMS #3741, JUSTICE USMS #4169
Resolution No.M-2019
Page 13
273524400012 Aspen Skiing Company+ Pitkin Grand View USMS #3619, Burro USMS #3883
County + Pfister Group(2) +
Stewart Maco Trustee + Vance
Steve + Savitz David B
273524400044 I Aspen Skiing Company + Pfister Julia USMS #4046
Group + Stewart Maco Trustee +
Vance Steve + Savitz David B
273524400050
Aspen Skiing Company + Pitkin Birmingham USMS #5211
County+Aspen Mountain Mining
Corp
273524400096
Aspen Skiing Company + Pitkin
Edison USMS #3618
County+Aspen Mountain Mining
Corp + Pfister Group + Stewart
Maco + Johnson Stanford
273524400100
Aspen Skiing Company + Pitkin
Camp Bird USMS #2245A
County + Pfister Group + Stewart
Maco
273524400105
Aspen Skiing Company + Aspen
Libbie Bell USMS #4008
Mountain Mining Corp + Pfister
Group + Stewart Maco + Pitkin
County
273524400112
Aspen Skiing Company + Pitkin
Aztec USMS #5781
County + Stewart Maco
273524400851
Pitkin County
Nellie USMS #4679
273524400852
Pitkin County
Camp Bird USMS #22458
273524400853
Pitkin County
Little Rule USMS #2686
273525100021
Aspen Skiing Company
BUCKORN USMS #2648, BUCKHORN #2 USMS
#2405, CASTLE #2 USMS #2288, HIGHLAND LIGHT
USMS #3771, LITTLE LOTTIE USMS #2006, SARAH
JANE USMS #6860, TANNER USMS #2809,
UNCOMPAGRE USMS #7900
273525100025
Aspen Skiing Company + Aspen
Carbonate Chief USMS #2356
Mountina Mining Corp + Gallager
Mary + Bershenyi Julia Living
Trust
Resolution No. 010-2019
Page 14
273718200813
Aspen Valley Land Trust
Section: 18 Township: 10 Range: 84 TR OF LAND
SIT IN NW4 OF SEC 18-10-84 SD TR IS PART OF
MILLIONAIRE LODE USMS 3620 A AM & IS MORE
FULLY DESC AS FOLS BEG AT COR NO 4 OF SD
MILLIONAIRE LODE #4 TH S 04 DEG 30'00"W
648.50 FTALG LI 3 4 OF SD MILLIONAIRE LODE TO
PT OF INTSEC WI LI 4 5 OF LITTLE NELL LODE USMS
3881 AM TH S 43 DEG 28'44"W 23.91 FT ALD SD LI
4 5 TO COR NO 5 OF SD LITTLE NELL LODE TH S 45
DEG 36'00"W 204.56 FT ALG LI 15 OF SD LITTLE
NELL LODE TH N 14 DEG 11'00"E 802.75 FT TH N
17 DEG 56'00"E 31.40 FT TO PT ON LI 4 5 SD
MILLIONAIRE LODE TH S 80 DEG 30'00"E 7.31 FT
ALG SD LI 45 TO COR NO4OFSD
273718200851
Pitkin County and City of Aspen
Little Nell USMS #3881
273718202211
Top of Mill Master Assoc
Subdivision: TOP OF MILL OPEN SPACE PARCEL B
273718250101
Aspen Skiing Company
Subdivision: LITTLE NELL SUB Lot: 1 LITTLE NELL
HOTEL
273718250102
Aspen Skiing Company
Subdivision: LITTLE NELL SUB Lot: 2 LITTLE NELL
COMMERCIAL
273718250103
Aspen Skiing Company
Subdivision: LITTLE NELL SUB Lot: 3
273718300815
Pitkin County
HAL SAYR USMS #5871, PYRENEES USMS #5871,
REVENUE USMS #5871, SILVER CREST USMS #5871
273719200002
Pitkin County & Deane Wyrick
Katie Belle USMS #4323
273719200803
Pitkin County
La Cross USMS #5908
273719200851
Pitkin County
J McNeil USMS #5944
273719300006
Aspen Skiing Company
Last Dollar USMS #3849
273719300012
Aspen Skiing Company + Stewart
OK USMS #3762
Maco + Pfister Group + Aspen
Mountain Mining Corp
Resolution No. -2019
Page 15
273719300414
Aspen Skiing Company
LAND LEASE FROM US FOREST SERVICE GRANT OF
EASEMENT FROM PITKIN CO BOARD OF CO COMM
TO ASPEN SKIING CORP DATED OCT 20 1962 BK
199 PG 489 AN EASEMENT FOR SKI LIFT OVER
JUAN GILBERT HILL & SUMMIT ST & THE ALLEYS
BETWEEN SUCH ST SEPARATING BLOCKS 7 8 9 10
& 12 OF EAMES ADDITION CITY OF ASPEN ALL
IMPS ON PATENTED & PUBLIC LAND ON ASPEN
AJAX & BELL MTN ETC IN PLACE JAN 11989
273719300851
Pitkin County
LITTLE EVA USMS #6425, MARY & EDITH USMS
#4270, RED ROSE USMS #4432, SILVER BELL USMS
#2564, SILVER BELL #2 USMS #3567, TOM THUMB
USMS #6425, NUMBER 7 USMS #5819, YELLOW
ROSE USMS #4432, COPPER KING USMS #3568,
FOREST QUEEN USMS #5780, GRAND DUKE USMS
#6213
273730200020
Aspen Skiing Company + Pitkin
HUDSON USMS #5788, CHAMPION USMS #5788,
County
FAIRVIEW USMS #5788, LEGAL TENDER USMS
#5788
273730200851
Pitkin County
PICKWICK USMS #7873, UNCLE SAM USMS #5250,
MISSOURI & PACIFIC USMS #6581
273730300002
Aspen Skiing Company (Property
BOB ROBERTS USMS #6301, BUCKEYE USMS
are partially within the existing
#6301, CHARMION USMS #6383, GEORGIANA
SKI-REC boundaries as shown on
USMS #6301, JOE DANDY USMS #6301, LIME
Exhibit A—Supplement)
USMS #5934, LITTLE ROBERT USMS #5934, PINE
TOP USMS #5934, QUARTSITE USMS #5934, TOM
HENDRIX USMS# 6301, TORNADO 1 & 2 USMS
#5934, WILLIARD L. USMS #6301
Resolution No.od -2019
Page 16
273730301002 I Aspen Skiing Company
(Property is partially within the
existing SKI-REC boundary as
shown on Exhibit A —
Supplement)
Quarter: SW Section: 30 Township: 10 Range: 84
PARCEL B: PORTION OF IRON SILVER PLACER
USMS 5963 LYING IN SECS 30 & 31-10-84
COMMENCING AT COR #6 OF IRON SILVER PLACER
A 3 1/4" ALUMINUM CAP LS#19589 SET IN PLACE
THE POB TH S 27°45'58"E ALNG THE ELY
BOUNDARY OF IRON SILVER PLACER 237.55 FT TH
LEAVING ELY BOUNDARY S 27°25'37"W 306.98 FT
TH S 11°15'00"E 1265.16 FT TH S 35°17'27"W
450.10 FT TH S 01°53'19"W 937.81 FT TH S
49°14'06"W 397.69 FT TO A PT ON THE WLY
BOUNDARY OF IRON SILVER PLACER TH N
29°19'16"W ALNG WLY BOUNDARY 2032.00 FT TO
COR #1 OF IRON SILVER PLACER A 3 1/4"
ALUMINUM CAP LS#19589 SET IN PLACE TH CONT
ALNG WLY BOUNDARY N 12°48'12"W 727.51 FT
TO COR #7 OF IRON SILVER PLACER (WH A
WITNESS COR TO SAID COR #7 A 3 1/4"
ALUMINUM CAP LS#19589 SET IN PLACE BEARS S
62°17'00"W 205.49 FT) TH N 62°14'02"E ALNG THE
NLYBOUNDARY OF IRON SILVER PLACER 1731.19
FTTO POB CONT 74.602 AC+/- MINE: IRON SILVER
PLACER - 5963 74.602 ACRESI/2 SURFACE &
MINERAL RIGHTS
Resolution No. W -2019
Page 18
EXHIBIT B
LISTING OF USES AND ACTIVITIES
The following listing of uses and activities shall serve as a guide for the administration of the
approval process for the lands within the Aspen Mountain "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 Aspen Mountain Master Plan illustration (Figure II.5, 2018 Aspen Mountain
Resort Upgrade Plan) 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 Aspen Mountain Master Plan, as
well as lift renovation, relocation, upgrading and maintenance, to the extent there is no
significant increase in the bulk of the top or bottom terminals or associated facilities.
There will be no significant increase in visibility as seen from the corridors designated
in Sec. 7-20-120 of the Code, including State Highway 82 and Castle Creek Road.
b) Removal of lifts.
c) All ski trail work including logging and timbering, 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 on -mountain structures, including snowmaking equipment and
infrastructure.
g) Construction staging for activity taking place on site.
h) Road maintenance, including road improvements and the drainage thereof, of all ASC
private, operational roads and trails and road maintenance, including road
improvements and the drainage thereof on Summer Road or other public roads and
rights of way as authorized and approved by the Pitkin County Engineer.
Resolution No. 616 -2019
Page 19
2) Construction, use and occupancy of buildings and facilities depicted in the Master Plan,
subject to required building permits, inspections and other applicable approvals.
3) Expansions of any individual building by 10% or 1,000 square feet, whichever is less.
4) Aspen Skiing Company offices and other operational buildings and facilities.
5) Grazing on Forest Service and private lands when allowed and as regulated by governing
state, federal and local authorities.
6) Hunting on Forest Service and private lands where and when allowed and as regulated by
governing state, federal and local authorities.
7) 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, maintenance or operations.
8) Interpretive signs.
9) Picnics.
10) Competitive events, including races for Alpine, Freestyle, or Nordic disciplines on skis,
snowboards, bikes, on foot or other recreational, non -motorized methods.
11) Award ceremonies.
12) Construction of the utility trenches as needed for the repair and maintenance of all utility
and snowmaking systems. Water wells, storage ponds, water lines, water treatment
facilities, and water tanks, pumps and pumping facilities compressed air lines, water and
waste lines and other such utilities (all of which may be above or below ground), required
for the operation of provision for domestic water service, snowmaking and manmade snow-
making machinery and sanitary services.
13) Extension of snowmaking terrain depicted in the Aspen Mountain Master Plan.
14) Vehicle and equipment maintenance and storage shops.
15) Utility lines, including water, sewer, waste, electrical, natural gas, cable, fiber and other
utilities required for the operation of the ski area.
16) Fuel farms and other on -mountain fuels, lubricants, coolants, and similar materials storage
facilities.
17) High explosives storage including construction of the Powder Mixing and Storage Magazine
Facility.
18) Communication transmission sites subject to required Pitkin County land use review and
approval.
19) New and existing access roads for operations, maintenance and construction of facilities
within the ski area.
20) Tube, lattice and other types of lift towers needed to achieve optimum lift operations.
21) New or replacement top and bottom drive and return stations, lift maintenance and cabin
storage facilities, and lift operator cabins not visible as seen from the corridors designated
in Sec. 7-20-120 of the Code.
22) Lift removal, annual maintenance and/or replacement of lift machinery and systems as long
as such replacement does not substantially deviate from the lift locations and specifications
of the Proposed Conditions section of the Aspen Mountain Master Plan.
23) Storage of ski area equipment
24) Construction staging for the use and benefit of the applicant and its affiliates only.
Resolution No. W-2019
Page 20
25) 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.
26) Accessory recreational facilities and structures designed to support specific recreational
endeavors.
27) Information shelters, beverage and snack stands on the mountain.
28) Public and/or permitted parking for motorized, wheeled and tracked vehicles for
recreational, ancillary and other permitted uses.
29) Public transportation and private transportation.
30) Overnight truck parking by applicant and its affiliates.
31) Rental and sales of recreational equipment, goods and accessories in support of mountain
activities.
32) Entry signs and relocation of existing Aspen Mountain Ski Area signs subject to and as
approved in the Master Plan or by other Pitkin County review.
33) Public restrooms.
34) Commercial photography and film shoots subject to applicable commercial permits.
35) Environmental/nature tours and education programs.
36) Professionally guided fee based recreational, environmental or nature tours subject to
Pitkin County permitting as required for the operator.
37) Restaurants, including indoor and outdoor dining and drinking, food preparation and
service for the general public and private club members, as well as for catering and special
events.
38) Community space for training, gatherings, and events with fewer than 500 people.
39) Aspen Skiing Company meetings and corporate training events with fewer than 500 people.
40) Special events with more than 500 people, subject to Pitkin County approval of a special
event permit.
41) Private clubs and associated uses, including, but not limited to private dining, bar service,
parties, gatherings, social activities and events.
42) Hang gliding, paragliding or similar aerial uses and activities.
43) Pass and ticket sales.
44) Silver Queen Gondola operation until 8:30 PM.
45) Night time operations of the Silver Queen Gondola, Sundeck restaurant, Aspen Mountain
Club, their ancillary facilities and supporting infrastructure for public and private use and
special events.. Gondola operations shall cease by 1:00 AM for guest transportation and 2:00
AM for employee downloading on event nights, unless approved by a Special Event Permit.
Such night time use and special events shall be limited in number and shall occur no more
than 110 nights during one calendar year, the scheduling of which shall be at the discretion
of the Aspen Skiing Company.
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.
Resolution No.61-2019
Page 21
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) Outdoor recreational uses and facilities set in natural environmental conditions, including but not
limited to, snowboarding, snowshoeing, downhill and uphill skiing, both Nordic and Alpine, ski
racing, and similar winter snowsports.
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) Personal service outlet including equipment rental and repair activities in support of
mountain activities.
5) Lift operation of all lifts shown and described in the Aspen Mountain Master Plan.
6) Accessory uses to ski area operations not otherwise specifically identified.
7) Existing accessory buildings and accessory buildings described or depicted in the Master
Plan including, but not limited to patrol stations, warming huts, equipment storage
buildings and lift operator huts.
8) Indoor recreational facilities and activities including but not limited to video games, table
games, and climbing wall.
9) Ticket sales areas.
10) Snowmaking.
11) Avalanche control work accomplished by the use of high explosives.
12) Snow grooming including, but not limited to, rolling, tilling, compaction, cutting, dozing and
relocating.
13) Establishment of lift opening times, trail closures, grooming schedules, snowmaking efforts
and other on-going mountain management issues.
14) Guided skiing tours within ski area permit boundary.
15) Magic carpets to transport skiers.
16) Ski storage and transfer
17) 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 permitted or
allowed are set by the adoption of this plan, include:
1) Outdoor recreational uses and facilities set in natural environmental conditions; including,
but not limited to, mountain boarding, horseback riding, disc golf, concerts with groups
under 500 people and other similar or common mountain recreation activities not
specifically mentioned.
Resolution No.hd-2019
Page 22
Uses Requiring a Special Event Permit.
1) Events with more than 500 people atone time oras otherwise required by County Code.
2) Any multi -day event that does not directly support ski operations.
3) Any event (such as a concert) that is based outside on the mountain within the Special Use
Permit boundary.
Uses Allowed by Further Review
This section identifies uses and activities requiring further County review prior to their
implementation. Further review may include Special Review, Activity Envelope and/or Site Plan
Review, Growth Management Quota System competition or exemption, or other applicable review
process as determined by County Community Development Department.
1) Special summer activities including but not limited to: bungee trampoline, climbing and
bouldering walls and platforms, rope courses, slack lines, challenge courses, zip lines and
canopy tours, commercial jeeping, Alpine Slides, Water Slides, Mountain Coasters.
2) New shelters or restaurant facilities not identified on the current plan submission.
3) Expansion of snowmaking coverage outside of areas included within this Master Plan.
4) 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.
S) All building expansions greater than 1,000 sf or 10% of the existing gross floor area.
6) All new hiking, biking and equestrian trail construction including grading, clearing, re -
vegetation and other such activities normally associated with the construction and
improvement of trails. Bike haul on the Silver Queen Gondola shall only be considered in
association with a management plan for mountain biking trails.
7) Re -opening of Ruthie's Restaurant for night-time public dining
8) Night use of any facilities other than the Silver Queen Gondola and Sundeck, except as may
be approved as part of a Special Event Permit
9) Replacement of the Shadow Mountain lift in a different alignment and/or if there is a
significant increase in the bulk of the top or bottom terminals or associated facilities.
Resolution No. N-2019
Page 23
EXHIBIT C
2018 ASPEN MOUNTAIN AMENDED AND RESTATED SKI REC MASTER PLAN
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