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DOC CODE: RESOLUTION
Pg 1 of 115, 04122/2022 at 12:25:11 PM
Ingrid K. Grueter, Pitkin County, CO
1111111UIIIIIIIII11I UII HIftHIIOI1I 1HI1
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DOC CODE: RESOLUTION
Pg 1 of 12, 12/09/2021 at 09:22:16 AM
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS ("BOCC") OF PITKIN
COUNTY, COLORADO APPROVING AN AMENDMENT TO THE 2018 ASPEN MOUNTAIN
SKI AREA AMENDED AND RESTATED SKI-REC MASTER PLAN, ACTIVITY ENVELOPE
AND SITE PLAN REVIEW TO INCLUDE THE PANDORA'S AREA
Resolution No. 080-2021
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 the following approvals for expansion
of the ski area in the Pandora's Area that is located near the top of Aspen Mountain and east of
Richmond Hill Road:
A. Rezoning of 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's Area.
B. Amendment to the SKI-REC Master Plan for the Aspen Mountain Ski Area to expand the ski area
boundary and create new ski terrain in the Pandora's Area
C. Activity Envelope and Site Plan Review for the Pandora's lift top terminal, ski patrol facility and
road improvements; Pandora's lift bottom terminal; and the access road from Northstar Trail to the
Pandora's lift bottom terminal
3. The proposal would:
A. Add approximately 153 acres of new ski terrain in the Pandora's Area. Of the 153 acres,
approximately 60 acres are on National Forest Service land and 93 acres are on private land.
According to the application, the land identified for rezoning is unoccupied and undeveloped.
B. Add one new lift — the Pandora's lift.
C. Add an access road from Northstar Trail to the Pandora's lift bottom terminal.
D. Add a ski patrol cabin.
4. The Aspen Mountain Ski Area is located on Aspen Mountain and consists of numerous platted,
separately described public and private lands.
5. The existing ski area is zoned SKI-REC.
6. The legal descriptions of the areas to be rezoned and included in the SKI-REC Master Plan as the
Pandora's Area expansion are provided in Exhibit A. The proposed zoning map and areas/properties
to be rezoned and to accommodate the ski area expansion are shown on Exhibit B.
7. The Applicant submitted an Amended and Restated Master Plan for the Aspen Mountain Ski Area to
the County in July of 2018 to address existing and proposed facilities and uses. The Plan addressed
previously approved and existing uses and activities, and new uses and activities referred to as the
"Upgrade Plan." The Upgrade Plan included the expansion of ski terrain and a new lift in Pandora's,
as well as other improvements — additional snowmaking, lift replacements (Shadow Mountain and
Resolution No. 080-2021
Page 2
Bell Mountain), facility replacements or renovations (Patrol Headquarters, Buckhom Cabin, Ruthie's
Restaurant), summer activities and features, evening use of Ruthie's and overnight accommodations
in the vicinity of Ruthie's. The application included a request to add approximately 153 acres (60
acres on NFS lands and 93 acres on private lands) on the upper, east aspects of Aspen Mountain to
the Aspen Mountain ski arca, referred to as "Pandora's." The Pandora's expansion area includes 82
acres on 15 developed trails and 71acres of gladed terrain, and a new lift (approximately 4,200 feet in
length — 2,766 feet on National Forest Service (NFS) lands and 1,425 feet on private lands). The
Pandora's expansion requires rezonings from AR-10 and Rural/Remote (RR) to SKI-REC.
8. The Planning and Zoning Commission (Planning Commission) considered the application at public
meetings on December 4, 2018, January 15, 2019, February 5, 2019 and March 19, 2019, and
recommended approval to the Board of County Commissioners (BOCC) by Resolution No.
PZ-03-2019. Resolution PZ-03-2019, among other things, recommended approval of Aspen Skiing
Company's request to rezone a certain area of Aspen Mountain from the AR-10 and Rural and
Remote Zone Districts to the SKI-REC Zone District, and the corresponding inclusion of this area
within the Amended and Restated Aspen Mountain Master Plan to accommodate the Pandora's
expansion.
9. The BOCC then considered the application at eight public hearings from April through September of
2019. The BOCC ultimately agreed to bifurcate the application to separate the components within the
existing SKI-REC boundary from those outside of the existing SKI-REC boundary (Pandora's area).
The BOCC approved the Aspen Mountain Amended and Restated SKI-REC Master Plan, Activity
Envelope and Site Plan Review for the existing SKI-REC boundary, pursuant to Resolution No.
070-2019. BOCC Resolution No. 070-2019 was limited to the existing ski area boundary, and did not
include the Pandora's area.
10. The USFS accepted the Applicant's "2018 Aspen Mountain Master Development Plan (MDP)" in
January 2018. The 2018 MDP identified the need for additional undeveloped, minimally maintained
lift -served terrain and additional traditionally cleared alpine trails to enhance the existing terrain
variety and skiing experiences at Aspen Mountain; and improved skier circulation on the upper
portion of the east side of the mountain. The Pandora Development and Summit Snowmaking
Projects were subsequently submitted for federal review, in accord with the MDP, and the District
Ranger issued a Decision Notice on March 20, 2019, which supports the proposed Pandora' lift
alignment and associated glading, trail clearing, and other associated infrastructure improvements.
11. Following adoption of amendments to the East 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, pursuant to Resolution No. PZ-004-2021, the Pitkin County Planning and Zoning
Commission ("Nanning 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,
and 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. .
12. The BOCC approved the conditional rezoning of lands to be added to the ski area in the Pandora's
area from AR-10 and Rural/Remote to SKI-REC, pursuant to Ordinance No. 039-2021.
13. The BOCC fmds that the proposed amendment to the 2018 Amended and Restated Aspen Mountain
Ski Area SKI-REC Master Plan is consistent with the Pitkin County Comprehensive Plan and the
Land Use Policies stated in the Code.
Resolution No. 080-2021
Page 3
14. 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 ski area master plans. The SKI-REC Master Plan, as amended
governs development, uses and activities within the Aspen Mountain Ski Area within the SKI--REC
zone district.
15. The BOCC finds that the Activity Envelopes for the Pandora's 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. The wildfire hazard can be mitigated.
C. The additional impact on wildlife from the Pandora's improvements will be negligible.
D. The Activity Envelopes avoid geologic hazard areas.
E. The Activity Envelopes avoid river and stream corridors and wetlands.
16. The BOCC finds that the ski area is within the mapped Scenic View Protection Area, as seen from
Highway 82 and Castle Creek Road. The Pandora's lift top and bottom terminals and the ski patrol
facility will not be visible from Highway 82 or Castle Creek Road and/or will be substantially screened
from view from those roads by existing vegetation. In addition, the Pandora's lift corridor and new trail
development in the Pandora's area will have minimal additional visual impact as seen from Highway
82. The overall character and appearance of the area will be substantially similar to the existing
condition. New ski trails will be designed to minimize visual impacts, and much of the new terrain
will be gladed, so will be less visible.
17. The BOCC finds that rezoning to SKI-REC includes further limitations and use restrictions for the
Pandora's Area as committed to by the Applicant in the application, and that these limitations and use
restrictions shall be incorporated into the SKI-REC Master Plan, as amended herein. 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
MajorfPublic 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 earthunoving 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 use restrictions will preclude residential development 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.
19. 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
Resolution No. 080-2021
Page 4
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
Forest Plan which does not currently depict a developed ski area beyond the boundaries of Pandora's;
and by the applicable Pitkin County Land Use Code.
20. The BOCC further finds that the Applicant's trail development and timbering plan in the Pandora's
area, as revised in October 2020 to reduce clear cutting and increase glading, will maintain age and
class diversity of the tree stands, lessen impacts to the scenic character of the area, and lessen truck
trips, and will be phased over a three year period.
21. The BOCC further finds the plan to realign the intersection of Midnight Mine, Sumner and
Richmond Hill Roads will maintain winter and summer public access, improve vehicular and non -
vehicular access, and provide summer and winter public parking, and that the development and
construction improvements of the Pandora's terrain will be subject to the road access requirements
and restrictions specified in Resolution No. 070-2019 and amended herein.
22. The BOCC finds that it is appropriate for the vested right for the Activity Envelope and Site Plan
approvals granted herein to coincide with the vested right granted in BOCC Resolution No. 070-2019.
23. 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 and Amendment to the 2018 Amended and
Restated Aspen Mountain Ski Area SK1-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. The Applicant shall be 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
Forest Plan which does not currently depict a developed ski area beyond the boundaries of Pandora's;
and by the applicable Pitkin County Land Use Code
2. BOCC Resolution No. 070-2019 shall remain in full force and effect, except as amended herein.
3. 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 leg 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
Resolution No. 080-2021
Page 5
facilities, limited grading and earthmoving associated with the establisiument 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 consistent with the 2019 Aspen Mountain Ski Area Master
Plan, subject to further review and only in areas previously zoned AR 10.
4. All newly created roadways or roadway improvements outside of an existing County road right-of-
way must be accompanied with a dedication of a 60' right-of-way or fee interest as determined by the
County in a form acceptable to the County Attorney. The over the snow road for winter travel will
require an easement of 60 feet. The dedication must be accepted by the BOCC by Ordinance, prior to
submission of any permits for the roadway improvements.
5. The final design for roadway improvements shall provide for:
A. 12% or lower grades wherever possible
B. 20 foot width wherever possible
C. Site distance considered given a mix of hikers, bicycles, passenger and service vehicles
D. Cross Slope of 2% or higher
E. Adequate drainage
F. Adequate Best Management Practices for Erosion Control
G. Details for any rtainage, grading, and side slopes. Side slopes shall be designed to accommodate
revegetation or be armored in such a way that the slope does not erode.
H. Other design criteria may be necessary and be discussed during final design as specific issues
arise
6. 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 Activity
Envelope Plans and Site Plans. The above referenced approvals shall be a condition precedent to
finalization and recordation of the documents.
7. With the applicable development permits for the Pandora's expansion, including lift installation, tree
removal for new ski runs and gladed areas, access improvement and construction, utility extension, 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, the Little Annie Homeowners Association shall have the opportunity to review and
comment on the Plan.
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 new access road to the Pandora's bottom terminal, submit a report
provided by an engineer or geologist licensed in the State of Colorado confirming that the slope's
Resolution No. 080-2021
Page 6
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. Trees to be removed shall be individually marked in conjunction with the USFS. "Bearing trees," "line
trees," and "boundary trees" shall be protected as required by Title 18 U.S.0 Sec.1858 (62 Stat. 789).
9. 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.
10. 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 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.
11. The Applicant shall comply with the following to mitigate impacts on wildlife:
A. Construction in the Pandora's area, including tree removal and access improvement or
construction, shall occur outside of the dates of May 1 to June 21.
B. Trash/garbage shall be kept in approved bear resistant containers or enclosures, including during
construction.
C. Contractors and construction workers shall be prohibited from bringing dogs on -site during
construction.
12. Condition #14 of BOCC Resolution No. 070-2019 shall be replaced with the following:
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 if approved by Pitkin
County Community Development staff and at their sole discretion for extenuating circumstances,
such as when Summer Road is impassable, for oversize vehicles that cannot otherwise be
accommodated„ or for other good cause, and if allowed, shall be limited to the hours of 6:00 AM to
11:00 PM.
13. The Applicant shall contractually obligate all contractors and sub -contractors, and all event planners, tent
installers, caterers, and other event service providers to comply with the road use restrictions in
Resolution No. 070-2019, as amended herein.
14. 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.
15. 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 Laud 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. 080-2021
Page 7
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 22nd
day of July, 2021
INTRODUCED AT A DULY NOTICED PUBLIC HEARING on the 25th day of August, 2021.
READ AT CONTINUED PUBLIC HEARINGS on September 8, 2021, October 27, 2021 and
November 17, 2021.
FINALLY ADOPTED on the 17th day of November, 2021.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen
Times Weekly on the 2nd day of December, 2021.
ATTEST: BOARD OF COUNTY COMMISSIONERS
By A46 61
Julia Ely
Deputy County Clerk
By:
Kelly McNicholas Kury, Chair
Date:
Dec-06-2021
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
ar Cindy Houben
John Ely,
County Attorney
P058-18
Cindy Houben,
Community Development Director
Resolution No. 080-2021
Page 8
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 SK1-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.
Resolution No. -2021
Page 9
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Resolution No. -2021
Page 10
EXHIBIT B
Resolution No. -2021
Page 11
Rural & Remote
Proposed
Ski Area
IBoundary
Existing
Ski Area
Boundary
Resolution No. -2021
Page 12
Aspen Mountain
Zone Districts
INSET 2
'Lirsor r it Lr USES
,Rural' & Remote
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Proposed
Ski Area
Boundary
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ASPENcIjSNOWMASS
ASPEN SKIING COMPANY
PANDORA'S REZONING, ACTIVITY ENVELOPES AND SITE PLAN REVIEW
- AMENDMENT TO THE 2018 ASPEN MOUNTAIN SKI AREA AMENDED
AND RESTATED MASTER PLAN
1/25/2022
I. PANDORA'S REZONING: PROJECT SUMMARY
A. Cover Letter
1/25/2022
Suzanne Wolff, Assistant Director
Pitkin County Community Development Department
130 South Galena Street, 3`d Floor
Aspen, CO 81611
(970) 920-5093
suzanne.wolff@pitkincounty. com
ASPEN
SNOWMASS.
Re: PANDORA'S REZONING, ACTIVITY ENVELOPES AND SITE PLAN REVIEW AMENDMENT TO THE 2018
ASPEN MOUNTAIN SKI AREA AMENDED AND RESTATED MASTER PLAN
Dear Ms. Wolff,
The following information includes the original application contents for the Pandora's rezoning and
subsequent presentations to the Pitkin County Board of County Commissioners (BOCC) which included
changes, explanations, and clarifications to the original application. Together this serves as an addendum to
the recorded 2018 Aspen Mountain Ski Area Master Plan.
The original application for the 2018 Aspen Mountain Ski Area Master Plan and Pandora's Rezoning was
submitted in 2018. Pitkin County Planning and Zoning recommended approval of the Master Plan and
Rezoning to SKI-REC to the BOCC under Resolution PZ-03-2019. After multiple meetings with BOCC, the
application was bifurcated, and the 2018 Aspen Mountain Ski Area Master Plan was approved and recorded
under Resolution No. 070-2019, Reception #660132. The Pandora's rezoning was not included in that
approval.
The Pandora's rezoning was subsequently reconsidered by the BOCC on August 25th, September 8th, and
October 27th, 2021. The Pandora's rezoning was approved and adopted by Ordinance No.039-2021. The
amendment to the 2018 Aspen Mountain Ski Area Master Plan was approved and adopted by Resolution
No.080-2021 on November 17th, 2021.
Pages 4-16 of this amendment information includes the original application materials for the Pandora's
rezoning provided in 2018. Pages 17-88 include presentation materials provided to the BOCC during
multiple hearings in 2021. All information, changes, and clarifications represented in these presentations
are also included as part of this amendment to the 2018 Aspen Mountain Ski Area Master Plan.
Sincerely,
Heather Henry
Principal, Connect One Design
hh@connectonedesign.com
(970) 355-5457
31Page
B. Vicinity Map
Aspen Mountain is located on lands under the jurisdiction of the Aspen-Sopris Ranger District of the White
River National Forest, Pitkin County, and the City of Aspen. It is approximately 200 miles west of Denver, and
40 miles southeast of Glenwood Springs on Colorado State Highway 82. See Figure 11.1 for a map of the
vicinity.
The Special Use Permit area encompasses approximately 326 acres of land contained within Sections 13, 24,
and 25, Township 10S, Range 84W, and within Sections 18, 19 and 30 Township 10S, Range 85W.
The existing "operational boundary" for Aspen Mountain encompasses approximately 886 acres. The SUP
area(s) on Aspen Mountain are unusual in that they are a combined set of noncontiguous parcels situated in
and around private lands. The elevation ranges from approximately 7,900 feet at the base, to 11,200 feet at
the summit.
Figure I.1 Vicinity Map with CCC
4 I Pare