HomeMy WebLinkAboutbocc.ord.039.2021AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, CONDITIONALLY REZONING CERTAIN REAL PROPERTY
ON RICHMOND RIDGE OWNED BY THE UNITED STATES AND THE ASPEN
SKIING COMPANY FROM AGRICULTURAL RESIDENTIAL 10 ACRE (AR-10) AND
RURAL/REMOTE (RR) ZONE DISTRICTS TO SKI -RECREATION (SKI-REC) ZONE
DISTRICT AND AMENDING THE ZONING MAP TO REFLECT THIS CHANGE
ORDINANCE NO. 039-2021
RECITALS:
1. Pursuant to 30-35-301 C.R.S., the Board of County Commissioners ("BOCC") of Pitkin
County, a home rule county, is authorized to make and publish ordinances for carrying into
effect or discharging the powers and duties conferred upon such counties by law and as
seems necessary.
2. Pursuant to Section 2.8.1 of the Home Rule Charter ("HRC"), the BOCC is authorized to
take official action by Ordinance for certain matters where action is prescribed pursuant to
the Colorado Revised Statues as amended.
3. Aspen Skiing Company (hereafter "Applicant") has applied to the Board of County
Commissioners of Pitkin County, Colorado ("BOCC") to rezone 34.68 acres zoned
Agricultural/Residential 10 Acre ("AR-10") to Ski -Recreation ("SKI-REC") and 129.99
acres zoned Rural/Remote ("RR") to SKI-REC in the Pandora area to the south and east of
the existing ski area. The rezoning affects a portion of National Forest Service lands and
portions of two properties owned by the Applicant, referenced by State Parcel Identification
numbers 273730300002 and 273730301002. The legal descriptions of the areas to be
rezoned are provided in Exhibit A. The proposed zoning map and areas/properties to be
rezoned are shown on Exhibit B. The maps and full descriptions are available for inspection
at the Pitkin County Community Development Department.
4. The Pitkin County Planning and Zoning Commission ("Planning Commission") adopted
Resolution No. PZ-03-2019 on March 19, 2019, recommending approval of the rezoning and
certifying the zoning plan to the BOCC for consideration.
5. The Planning Commission adopted certain amendments to the East of Aspen/Independence
Pass Master Plan (East Aspen Master Plan) specific to Aspen Mountain Ski Area and
potential expansion of the ski area in the Pandora's area, which is within the Aspen
Mountain/Richmond Ridge Neighborhood Planning Area (NPA), pursuant to Resolution No.
PZ-004-2021. The Planning Commission then adopted Resolution No. PZ-07-2021 on June
1, 2021, recommending approval of the rezoning and certifying the zoning plan to the BOCC
for consideration.
6. The BOCC finds that this ordinance has been properly noticed and the proposed action has
been reviewed and recommended by the Planning and Zoning Commission and that the
matter is properly before the County Commissioners.
7. The BOCC finds that the public has a right to rely upon the stability of existing zoning
regulations and that such existing zoning regulations should not be amended unless the
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DOC CODE: ORDINANCE
Pg 1 of 11, 12/09/2021 at 09:22:15 AM
Janice K. Vos Caudill, Pitkin County, CO
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amendment conforms to the standards of Colorado law and the Pitkin County Land Use
Code.
8. The BOCC finds that spot zoning, which is the practice of amending zoning regulations to
grant relief to a particular property and not in the furtherance of a comprehensive zoning
plan, is not in conformance with Colorado law. The BOCC further finds that contract zoning,
the practice of an elected board surrendering an element of its legislative or police power to
another entity, is also not in conformance with Colorado law.
9. The BOCC finds that a zoning amendment must be either in conformance with an existing
Master Plan or justified by some change in the conditions of the neighborhood since the
adoption of an existing Master Plan.
10. The BOCC finds that the proposed rezoning is consistent with the Pitkin County
Comprehensive Plan, which incorporates the East Aspen Master Plan, and in particular with
the following:
A. East Aspen Master Plan, Aspen Mountain/Richmond Ridge NPA, Goal/Objective No. 1
C 3 (as amended), which states, "Maintain R/R zoning on the privately held parcels and
public lands along Richmond Hill Ridge and to the east of the SKI-REC zoned area,
except lands directly adjacent to the ski area may be zoned to SKI-REC to expand the
Aspen Mountain Ski Area boundary with necessary U.S. Forest Service and County
approvals."
B. East Aspen Master Plan, Aspen Mountain/Richmond Ridge NPA, Action Item No. 1 c
3.1 (as amended), which states, "Rezone parcels on the face of Aspen Mountain to Low
Density/Low Intensity/Open Space/Recreational, Rural and Remote, and/or SKI-REC
zone districts based on location and use, subject to compliance with the rezoning criteria
in the Land Use Code, including consistency with the applicable Pitkin County Master
Plan(s)."
11. The BOCC finds that:
A. Skiing has taken place continuously in the Pandora's Area as early as 1947, when Aspen
Skiing Company's predecessor, the Aspen Skiing Corporation, installed and began
operating Lift 1, which carried skiers from South Aspen Street in Aspen all the way to
the top of Aspen Mountain.
B. Skiing on Aspen Mountain and specifically within the Pandora's Area predates Pitkin
County's adoption of its first zoning laws in 1955.
C. Pitkin County's Rural and Remote Zone District zoning laws were initially enacted on
May 20, 1994 under BOCC Ordinance No. 94-10 and initially applied to 2,275 acres of
land on the backside of Aspen Mountain; this area included a portion of the Pandora's
Area. When Rural and Remote zoning was initially adopted, the stated intent behind the
implementation of this new zone district was "...to preserve the natural environment and
the low scale, low density backcountry character; to minimize environmental degradation
and retain open space; to balance recreational uses and limited development" and it was
specifically stated that "Development of ski uses should not be precluded".
D. The Pandora's Area ski lift and ski terrain development were included as "Uses Allowed
by Special Review" in the Aspen Mountain Master Plan approved by Board of County
Commissioner's Resolution No. 98-80. The Master Plan included a statement that "This
area will be presented as an amendment to the Aspen Mountain Master Plan."
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E. The Pandora's Area ski terrain was included in the 2002 US Forest Service (USFS)
White River National Forest Land and Resource Management Plan (WRNF LRMP) and
categorized or described as Management Area 8.25 Ski Areas — Existing and Potential.
12. The BOCC finds that an unrestricted zoning amendment from the Rural/Remote and AR- 10
zone districts to the SKI-REC zone district could result in increased use and development of
land currently zoned Rural/Remote and AR- 10.
13. The BOCC also finds that not amending the existing zone district boundaries may also
contribute to increased development and land use along Richmond Ridge under the existing
zone district boundaries.
14. The BOCC finds that it is appropriate to consider a zoning amendment, which would allow
for less extensive and intensive use and development than would be allowed under the
existing Rural/Remote or AR- 10 zone districts or the SKI-REC zone district as proposed by
the Applicant. The BOCC finds that such an action would not constitute contract or spot
zoning, but rather would be a zoning amendment in keeping with the intent of the existing
Master Plan and responsive to the changed conditions in the neighborhood of Richmond
Ridge.
15. The BOCC finds that it has the authority to amend the zone district boundaries and to change
the allowances associated with the zone districts, and it is therefore appropriate to take a
conditional zoning amendment action in order to maintain the goals of the existing Master
Plan and to adapt to the changing conditions in the neighborhood planning area of Aspen
Mountain/Richmond Ridge.
16, The BOCC finds that it is appropriate to conditionally rezone and amend the zone district
boundaries from Rural/Remote and AR-10 to SKI-REC while restricting within this
ordinance the uses that can be established and conducted in the amended zoning area of the
SKI-REC zone district.
17. The BOCC finds that it is appropriate to amend the zoning on the subject property to SKI-
REC, conditioned upon the further limitations and use restrictions for the Pandora's Area as
committed to by the Applicant in the application. Only the following uses (as referenced in
the Permitted Use Table of the Pitkin County Land Use Code) and development may be
established and conducted on the subject property described in Exhibits A and B hereto:
Alpine Ski Area & Support, Nordic Ski Area & Support Facilities, Public Utilities
Major/Public Utilities Minor, Logging. These uses and development activities include
construction, maintenance and operation of a ski lift, a ski patrol facility, water service
facilities and electric service facilities, limited grading and earthmoving associated with the
establishment and construction of lift towers and terminals, the establishment and use of ski
trails, limited timbering and tree removal, the construction of limited access roads and access
ways to facilitate lift construction, the establishment of a ski patrol facility, and snowmaking,
subject to further review consistent with the approved Aspen Mountain Master Plan, and
only in areas previously zoned as AR-10.
18. The BOCC further finds that the conditional rezoning set forth herein will preclude
residential development within the rezoned areas as well as the creation or utilization of
transferable development rights (TDRs) that might otherwise be allowed by right or special
review in the Rural/Remote and AR-10 zone districts.
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19. BOCC further finds that the Applicant has voluntarily offered to restrict its Richmond Ridge
properties to remove certain ambiguities associated with its request to bifurcate its properties
with multiple zoning designations. This restriction is to be accomplished with a covenant in
a form mutually acceptable to the County and the Applicant.
20. The BOCC further finds that the conditional rezoning set forth herein is consistent with the
Pitkin County Land Use Policy and Guidelines regarding new development, which includes
the statement that new development should be compatible with and not fundamentally
change the character of any neighborhood or area.
21. The BOCC further finds that the Applicant is bound by all verbal representations made
during all applicable public meetings including, without limitation, the Applicant's verbal
representation that the Richmond Ridge properties will not be improved or developed with
any residential uses or structures; and that it has no current plans or intentions, nor practical
ability, to further expand the Aspen Mountain Ski Area further south along Richmond Ridge
beyond the Pandora's expansion contemplated herein; and that additional expansion of the
ski area to the south beyond the Pandora's Area is limited or restricted by the Applicant's
USFS Special Use Permit boundary and the WRNF LRMP which does not currently depict a
developed ski area beyond the boundaries of Pandora's; and by the applicable Pitkin County
Land Use Code.
22. The BOCC finds that the proposed citizen -initiated rezoning is consistent with Sections 2-30-
40(i) and 2-40-10(c) of the Pitkin County Land Use Code ("Code"), and the Land Use
Policies in the Code, as follows:
A. The land to be rezoned is adjacent to the existing ski area. Expansion of an existing ski
area is preferred to establishment of new ski areas.
B. The land will remain rural in character although the intensity of use will change due to
the introduction of developed recreation with new ski runs, service road, and lift. The
area currently experiences consistent human activity with backcountry use, snowmobiles
and snowcats for Powder Tours.
C. Other than electricity to run the lift, there is no expansion of municipal water and sewer
lines proposed for the area to be rezoned.
D. The rezoning of the Pandora area is compatible with the adjacent ski area and the
surrounding USFS land. The top terminal of the lift will be located approximately 950
feet south and slightly east of the gondola building on Richmond Ridge. The skier use
will occur on the east side of the ridge, where it will have limited impact on surrounding
privately owned properties.
E. The rezoning will not result in significant adverse impacts on the natural environment.
F. The rezoning is not anticipated to generate additional traffic.
23. The BOCC finds that there has been a progressive increase in recreational uses away from
the established Aspen Mountain ski area along Richmond Ridge and in Pandora's. The
BOCC finds that this increased activity on Richmond Ridge constitutes a change in
conditions of the Richmond Ridge neighborhood planning area since the adoption of the East
of Aspen/Independence Pass Master Plan in 2003.
24. The BOCC further finds that the proposed citizen -initiated rezoning is consistent with the
intent of the SKI-REC zone district in Sec. 3-40-120(a) of the Code, which states, "The SKI-
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REC (Ski -Recreation) zone district is intended for lands that are used for downhill and cross-
country skiing and other uses permitted by a Federal or other public agency, such as grazing,
hunting, and passive and other recreational uses. The district also accommodates affordable
housing." Pursuant to Sec. 3-40-120(b), "An approved SKI-REC master plan is required for
any development in the SKI-REC zone district." The proposed SKI-REC master plan is
being concurrently reviewed with the proposed rezoning.
25. The BOCC finds that adoption of this ordinance is in the best interest of the health, safety
and public welfare of the citizens of Pitkin County.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin
County, Colorado that it hereby adopts an Ordinance of the Board of County Commissioners of
Pitkin County, Colorado, Conditionally Rezoning Certain Real Property on Richmond Ridge
Owned by the United States and the Aspen Skiing Company from Agricultural Residential 10
Acre and Rural/Remote Zone Districts to Ski -Recreation Zone District consistent with Exhibits
A and B hereto, and Amending the Zoning Map to Reflect this Change, consistent with the
findings of fact in the recitals herein and authorizes the Chair or the Chair's designee to sign the
Ordinance upon the satisfaction of the County Attorney as to form, and to execute any other
associated documents necessary to complete this matter.
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NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE
22ND DAY OF JULY, 2021.
INTRODUCED AND FIRST READ AT A PUBLIC HEARING ON THE 25TH DAY OF
AUGUST, 2021.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 7TH DAY OF
OCTOBER, 2021.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED
ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com) ON THE 14TH
DAY OF OCTOBER, 2021.
CONSIDERED ON SECOND READING AT A PUBLIC HEARING ON THE 27TH DAY OF
OCTOBER, 2021.
ADOPTED AFTER FINAL READING AT A PUBLIC HEARING ON THE 17TH DAY OF
NOVEMBER, 2021.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE 2nd DAY OF December, 2021.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE (www.pitkincounty.com) ON THE 29th DAY OF November, 2021.
THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION IN
THE ASPEN TIMES AND POSTING ON THE OFFICIAL PITKIN COUNTY WEBSITE,
FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS.
ATTEST: BOARD OF COUNTY COMMISSIONERS
By &61
Julia Ely
Deputy County Clerk
APPROVED AS TO FORM:
ZtAu. lay
John Ely, County Attorney
By:
Kelly McNicholas Kury, Chair
Date: Dec-06-2021
APPROVED TO CONTENT:
Cindy Houben
Cindy Houben, Community
Development Director
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EXHIBIT A
AREA #1
CHANGE OF ZONING FROM AR-10 TO SKI-REC
BEGINNING AT A POINT FROM WHENCE CORNER NO. 6 OF MINERAL SURVEY 5963 BEARS N
9° 44' 14" W 322.87 FEET;
THENCE N 27° 25' 37" E 121.70 FEET:
THENCE S 27° 45' 58' E 118.32 FEET:
THENCE N 89° 35' 06" W 1043.41 FEET:
THENCE N 17° 59' 16" W 1796.94 FEET:
THENCE S 43° 20' 29" W 2364.98 FEET:
THENCE N 90° 00' 00" E 1023.56 FEET TO THE POINT OF BEGINNING.
AREA #3
CHANGE OF ZONING FROM RR TO SKI-REC
BEGINNING AT A POINT FROM WHENCE CORNER NO. 6 OF MINERAL SURVEY 5963 BEARS N
9° 44' 14" W 322.87 FEET:
THENCE S 27° 25' 37" W 185.28 FEET:
THENCE S 11 ° 15' 00" E 1265.16 FEET:
THENCE S 35° 17' 27" W 450.10 FEET:
THENCE S 1 ° 53' 19" W 937.81 FEET:
THENCE S 49° 14' 06" W 397.69 FEET:
THENCE S 5° 27' 55: E 340.81 FEET:
THENCE N 83° 39' 54" W 477.18 FEET:
THENCE N 68° 36' 18" W 275.65 FEET:
THENCE N 37° 21' 01" W 454.57 FEET:
THENCE N 38° 29' 39" W 1039.61 FEET:
THENCE N 40° 55' 51" W 594.00 FEET:
THENCE N 6° 48' 22" W 992.43 FEET:
THENCE N 70° 24' 21" E 1629.57 FEET:
THENCE N 90° 00' 00" E 1023.56 FEET TO THE POINT OF BEGINNING.
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EXHIBIT B
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Aspen Mountain
Zone Districts
INSET 2