HomeMy WebLinkAboutaspen.mt.ski.area.sundeck.nightREADING AND PUBLIC HEARING ON DRAFT RESOLUTION OF THE
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO
GRANTING APPROVAL OF THE 2004 ASPEN MOUNTAIN SKI AREA
MASTER PLAN AMENDMENT - SUNDECK NIGHT USE
TO:
THRU:
FROM:
RE:
MEMORANDUM
Board of County Commissioners
Regular Meeting - July 14, 2004
Cindy not ne l, Lommunity Developlnent Director
Suzanne Wolff, Seuim' Plalmer*
Aspen Mountain Ski Area Master Plan Amendmdnt - Sundeck Night Use (2004)
REQUEST: Tile Applicant is requesting to amend tile 1997 Aspen Mountain Ski Area Master Plan as
adopted pursuant to BOCC Resolution No. 98-80, and amended most recently pursumtt to BOCC Resolution
No. 072-2003. Specifically the Applicant has requested to modify the limitations on night use of the Sundeck
Restaurant and the gondola to:
· Exclnde "comnmuity eveats" hosted at the Sundeck from tile mmual event count;
· Clarify the method for counting attendance at night events; and
· Extend the 1:00 AM eud time for 12 of the 50 permitted almual events.
APPLICANT: Aspen SkiiugCo~npany
REPRESENTATIVE: PbilIip Ring
ZONING: The property is zoned AF-SKI.
BACKGROUND: The 1997 Aspen Mountain Master Plan was adopted by the BOCC pursuant to
Resolution No. 98-80. The Master Plan included provisions for night use of the Sundeck and gondola. These
provisions have been amended several times since I998, most recently in 2003, when the restrictions were
liberalized with regard to hours, seasoual restrictions and uploadiug/downloading restrictions (Resolution No.
072-2003).
REFERRAL COMMENTS: The application was referred to the North of Nell, Aspen Alps and Little
Aanie Homeowners Association, but comments were not received.
STAFF COMMENTS:
SUNDECK/GONDOLA NIGHT USE: The Applicant is requesting approval of tile following modifications:
Event CountExclusio~s: The Applicant proposes to exclude the following from tile annual event count:
Non-profit events (Aspen Valley Ski Club, Aspen hlstitute, Greater Yellowstone Coalition, Center fro'
Public Interest);
"Co!aamu l'ty eve its" (24 Hours of Aspen gala, Food and Wine, World Cup Gay Ski Week. High School
Prom);
Public nights.
The Applicant is currently allowed 30 night events (pins one additional night per month for public access) in
the winter mtd 20 night events in the summer (until 11:00 PM or 1:00 AM), with additional events/operatious
permitted until 8:30 PM. The Applicant states, "Due to a challenging economic climate and steep operation
costs, it is difficult to justify utilizing the limited night event allotment for these [community] events." The
Applicmtt bas not provided any information on the number of non-profit and community events and public
nights that have occflrred or been turned down in the last year (or more).
Staffwould note that tbe BOCC approved one additional summer event this year - an end of season
gathering for Colorado Ski Couatry USA in June (Resolution No. 69-2004) - since the 20 summer nights
bad already all been booked.
While staff appreciates that use of the Sundeck for non-profit and community events does benefit the
community, allowing mi unlimited number of such events is not consistent with the intent of the Master
Plan to limit night use. Therefore, staff recommends that an additional five events be permitted over the
course of the permit year for benefit events for local non-profits and community events.
Staffdoes not support the request to exclude public nights from the event count. The 2003 approval
already allows for one additional uight per month until 11:00 PM for public access, and two additional
nights per week until 8:30 PM for events or public access. In the summer, the gondola and Suudeck may
operate uutil 8:30 PM every night. The Applicant notes that public nights could be offered on a weekly
basis during the summer and winter seasons, but does not specify bow many nights would be offered in
total. Assuming public nights occurred only once a week during the busiest times of the summer and
winter, this could translate to an additional 10 (or more) nights each summer and winter, which
substantially increases the total number of events allowed manually. Staffdoes not find justification to
exclude public nights, given the other opportunities that are already available to accommodate public
access.
Staff is willing to amend the condition that allows oue additional public nightper month in the winter to
allow five additional public uights in tbe winter (based on five months in the winter season). This chm~ge
would allow the Applicant to use all of the public nights in Mamh, rather than one per month throughout
the winter.
Event Attendance: Resolution No. 072-2003 states, "All night events, including public access nights, may
accommodate up to 400 people including staff." The Applicant has requested to amend this condition such
that a maximum of 400 people would be allowed at any time rather than in total over the duration of an
event. The Applicant has proposed specific procedures to ensure that not more thma 400 people would be at
the Sundeck at oue time.
Given that the Gondola runs continuously during eveuts anyway, and that all of tbe other restrictions will
remain unchanged (access by Gondola, hours, etc.), it does not appear that this change would create any
additional impacts. The annual report should indicate when an event was held on a "flow" basis mad how
many guests attended in total.
Night Event End Time: Resolution No. 072-2003 allowed 12 of the 50 permitted events to cease by 1:00
AM, rather flam~ 11:00 PM. Approval was granted for the 12 events until 1:00 AM for a trial period until
June 11,2004, at which time the Applicant cou!d request that this provision be extended. The Applicant has
requested to extend this provision in perpetuity.
Neither the Applicant nor staffbas received any complaints regarding impacts from the later use of the
gondola and Sundeck. Therefore, staff supports the request to continue to allow 12 events to cease by 1:00
AM.
RECOMMENDATION: Staff recom ne ids that the BOCC adopt a not o ~ to approve the Aspen Mountain
Master Plan Amendment, subject to the attached Resolution."
Application provided separately
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKlYq
COUNTY, COLORADO, GRANTING APPROVAL OF THE 2004 ASPEN MOUNTAIN SKI AREA
MASTER PLAN AMENDMENT - SUNDECK NIGHT USE
Resolution No. __-2004
RECITALS
Tile Aspen Skiing Company ("Applicant") bas applied to the Pitkin County Board of County
Commissioners ("BOCC") to amend the 1997 Aspen Mountain Ski Area Master Plan as adopted
pursuant to BOCC Resolution No. 98-80, and amended most recently pursuant to BOCC Resolution No.
072-2003. Specifically the Applicant has requested to modify the limitations on night use of the Sundeck
Restaurant and the gondola to:
· Exclude co n ~mmty eve its hosted at the Sundeck from the almual event count;
· Clarify the method for countiug attendance at night events; and
· Extend the 1:00 AM end time for 12 of the 50 permitted almual events.
1. Tile property is described as tile Aspen Mountain Ski Area.
2. The property is zoned AF-SKI.
3. Tile 1997 Aspen Mountain Master Plan was adopted by the BOCC pursuant to Resolution No. 98-
80, and included provisions for night use oftbe Sundeck and gondola. The BOCC inost recently approved
amendments to the Master Plan pursuant to Resolution No. 072-2003.
4. The BOCC considered tile application at a duly noticed public hearing on July 14, 2004.
5. The BOCC finds that it is appropriate to allow a limited number of additional events over the
course of the permit year to accommodate non-profit and community events, given their benefit to tbe
community.
6. The BOCC further fiuds that it is not appropriate to exclude public nights from the annual event
count, given the other opportunities that are already available to accommodate public access and the
intent of the Master Plml to limit night use of the gondola and Sundeck.
7. Tile BOCC further finds that it is appropriate to allow a maximum of 400 people at ally time ratber
than ill total over the duration of an event, given that tbis change will not create additioual impacts.
8. The BOCC further finds that it is appropriate to coutinue to allow 12 events per year to cease by
1:00 AM, given that the later ending time has not generated ally complaints over the last year.
NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby grant approval of the
2004 Aspeu Mountain Ski Area Master Plan Amendment regarding uigbt use of the gondola and Sundeck,
subject to tbe following couditions, wbicb shall ruu with the land aud be binding on all successors in interest:
1)
2)
Condition #2F of Resolution No. 072-2003 shall be replaced with the following: All nigbt events,
including public access nights, may accommodate up to 400 people, including staff, at any time.
Coudition #2C of Resolution No. 072-2003 shall be replaced with the following: The Stmdeck mid
gondola may operate for up to 30 uight events ill the winter and up to 20 night events in the summer.
Resolution No. -2004
]>age 2
Operations shall cease by 11:00 PM for 38 of the permitted 50 events and by 1:00 AM for 12 of the
permitted 50 events. The Sundeck and gondola may operale for five additional nights in the winter until
I 1:00 PM for public access. The Sundeck and gondola may operate for five additional nights through
the year (winter and summer combined) for events that benefit non-profit agencies that operate in the
Roaring Fork Valley or "community events" (such as the prom, World Cup, Food and Wine Festival, and
the like). The gondola may run continuously during these events.
3) Tile Applicant shall adhere to all material representations made in tile application or in Public meetings
and hearings.
NOTICE OF PUBLIC HEARING PUBLISHED in The Aspen Times Weekly ou the 12th day of
June, 2004.
APPROVED AND ADOPTED oll the 14th day of July, 2004.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
ATTEST:
By
Date
Dorothea Farris, Chair
Jeanette Jones
Clerk to the BOCC
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
Jolm Ely,
County Attorney
CindyV'H~ouben, - _ _
Community Development Director
Case #074-04; PID #2737-30
ASPEN SNOWMASS
ASPEN SKIING cor~PANy
May 20, 2004
Suzanne Wolff
Pitkin County Community Development
130 S Galena Street
Aspen, Colorado 81611
RE: Aspen Mountain Master Plan Amendment
Dear Ms. Wolff;
This letter should be considered a formal application for a Minor Master Plan
Amendment to the 1997 Aspen Mountain Master Plan and subsequent amendment
approvals (BOCC resolutions 193-2001, 98-80, and 072-2003). The Aspen Skiing
'Company is requesting the following changes;
1. The exception of community events hosted at the Sundeck Restaurant from the
annual event count,
2. Clarification of the method for counting attendance to night events at the Sundeck
Restaurant, and
3.Extension of the lAM end time for 12 night events at the Sundeck.
This application complies with the applicable Land Use Code Sections in the following
ways;
3-150-150 Commercial Developments with Negligible Growth Impacts
A. This may be exempted from the GMQS based upon negligible;
1. visual impacts
2. additional employees
3. demand for additional parking
4. road and trail impacts
5. increase in governmental services
6. burden on public facilities
7. adverse impacts to natural resources
3-200-080 Minor Amendments to a Development Permit
B. this amendment does not change the proposed development use type.
c. this amendment is consistent with the original development action.
D. this amendment does not;
1. change the basic character of the approved use
2. increase off-site impacts
3. endanger public health, safety, or w~ifare
4. violate any Land Use Code Standard
5. substantially increase the need for on-site parking or utilities, or affect
affordable housing generation
6. increase the floor area.
RO, Box 1248
Aspen, CO 81612-1248
970-925-1220
www.aspensnowmass.com
q
The following is a explanation of the amendment requests;
Community Events at the Sundeck Restaurant
The Sundeck offers a unique and special location for community events, both public and
private. Over the years, this space has hosted many wonderful events for the community
and non-profit organizations. Unfortunately, due to a challenging economic climate and
steep operation costs, it is difficult to financially justify utilizing the limited night event
allotment for these events.
The Aspen Skiing Company requests that the following types of events be exempted from
counting against the annual limitation as set forth in BOCC Resolution 072-2003;
Non-profit events (such as Aspen Valley Ski Club, Aspen Institute Socrates
Program, Greater Yellowstone Coalition, and the Center for Public InteresO
Community events (such as the 24 Hours of Aspen gala, Food and Wine Festival,
World Cup, and Gay Ski week, and Aspen High School Prom)
Public nights (inexpensive dinner and live music offered to locals and guests on a
weekly basis during the summer and winter seasons)
Sundeck Night Event Attendance
Attendance at all night events hosted at the Sundeck has been limited to 400 persons,
including all staff. On a limited number of occasions this restriction has created a
disappointing situation in which customers have been turned away even though the event
is no longer at capacity. This is both frustrating to the customer and the Aspen Skiing
Company as a lost opportunity.
We would like to reconsider this limitation to be a maximum number "at any time" for
Public Nights only. In this scenario, no more than 400 people (including staff) could be
at the event at one time. Once the maximum number of guests is reached, one person
will have to leave the event for each person allowed to board the gondola. Please see the
attached Little Nell Operational Procedure for public night attendance regulation.
The Aspen Skiing Company requests that the fixed attendance limitation be considered a
maximum at any time number of 4OO for Public Nights.
Night Event End Time
As part of the night event approval in BOCC Resolution 072-2003, the applicant is
required to re-apply for an extended event end time. The approval allowed for up to 12
events per year to cease as late a 1AM. In the past year of operation, the Aspen Skiing
Company has not received a single complaint regarding operation of the Silver Queen
Gondola or noise from late night events at the Sundeck Restaurant.
The Aspen Skiing Company requests that this approval of J2 events to end as late as 1AM
be extended in perpetuity.
Your consideration of these requests is greatly appreciated.
~ Sinqergly
Pbillip tX} Ring
Project Manager
Aspen Skiing Company
PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY
PROJECT: Aspen Mountain Master Plan Amendment & GMQS Exemption for Sundeck Night Use
LOCATION: Summit of Aspen Mtn adjacent to Sundeck
APPLICANT: Aspen Skiing Company
REPRESENTATIVE: Phillip Ring
DATE: April 2, 2004
PID#2737-30
PLANNER: Suzanne Wolff, 920-5093
Type of Application: Master Plan Amendment & GMQS Exemption
Description of ProjecffDevelopment: Applicant proposes to amend certain provision of BOCC Resolution No. 072-2003
in order to allow additional night-time benefit events and "flow events" (maximum of 400 people is not exceeded at any one
time during an event, with the total number of people exceeding 400)
Land Use Code Section
· 3-150-150, GMQS Exemption for Commercial Development with Negligible Growth Impacts
· 3-200-080, Minor Amendment to a Development Permit
Review by: BOCC
Public Hearing? YES. The applicant shall post a public notice sign on the property at least 15 days prior to the hearing
and shall mail notice to all adjacent property owners and mineral estate owners at least 30 days prior to the bearing with
the return address of the Community Development Department (copy of notice to be obtained from the Community
Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they
appeared no more than 60 days prior to.the date of the public hearing.
Staff will refer to: North of Nell, Aspen Alps, Little Annie Homeowners Association
FEES: (make check payable to P~tkin County Treasurer )
> Planning flat fee: $1,470 (non-refundable; based on 7 hours of staff time; if staffreview time exceeds 8.4 hours, the
Applicant will be charged for additional time in excess of 7 hours at a rate of $21 O/hour)
To apply, submit 8 copies of the following information, unless noted otherwise:
2.
3.
4.
5.
Summary letter explaining the request and addressing compliance with the Code sections listed above.
Total fee for review of the application
Signed fee agreement (1 copy)
Consent from owner(s) to process application and authorizing the representative (if applicable) (1 copy)
Copy of this preapp form (1 copy)
NOTES:
PLEASE SUBMIT TWO-SIDED COPIES OF ALL APPLICATION MATERIALS (IF POSSIBLE).
ALL MAPS SHALL BE FOLDED.
This pre-application conference summary is advisory in nature and not binding on the County. The information
provided in this summary is based on current zoning standards and staff's interpretations based upon
representations of the applicant. Additional information may be required upon a complete review of the application.
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter COUNTY) and ,~,. ~-~ ~c_41 t,4
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to COUNTY an application for-- ~
~.tk~,.~e.~- '~,~,. .~,,~o_,~J.,~,x~.4; (hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 32-2002 establishes a
fee structure for land use applications and the payment of all processing fees is a condition precedent to a
determination of application completeness. The fee structure is based on the County's policy that development
shall pay, in full, the cost of development review in Pitkin County. Fees have been setto be consistent and fair
to the public and to reflect the expense incurred in providing such services to the public.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it may not be possible at the time of application to ascertain the full extent of the costs involved in
processing the application.
4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications
shall accumulate if an application includes more than one type of land use review.
5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete
processing or present sufficient information to the Planning Commission and/or Board of County
Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally
required findings for project approval, unless current billings are paid in full prior to decision.
6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to
collect full fees.prior to a determination of application completeness, APPLICANT shall pay a base fee in the
amount orS, IiqTC~ which is based on 7 hours of staff time, and if actual time spent by staff to process the
application exceeds the average number of-~ours by more than 20%, then the COUNTY will bill the
APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of
the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for
suspension of processing.
PITKIN COUNTY
APPLICANT
Cindy Houben
Community Development Director
Effective 1/27/03
SczanneWal~'
Pkkin Coun%'Communi~. DeveLopmem
!30 S Galena S~ree~
Asnen Coinmdo 8i611
P'~: Aspen Mountain Master Plan Amendment
Dear Ms. Wolff:
I am writing you to address certain maS:ers required by section 5-150.10 of the Pltkin County Land Use
Code in connection with the application For the amendment to the Aspen Mountain master plan.
Disclosure and Proof of Ownership. The land parceis within the Aspen MountMn Ski Area boundary
are comprised of a combination of patented mining claims and U.S. Forest Service ("USFS") property.
Ail of the public lands within the ski area boundary have been withdrawn from public entry for mining
claim purposes, pursuant to the authority contained in Section 204 of the Federal Land Policy and
Management Act of 1976. Aspen Skiin2 Company ("ASC") has a Special Use Permit with the USFS
authorizing its exclusive use, subject to ~iSPS regulations and policies, for skiing and other recreational
purposes. ASC has a perpetual easement with Pitkin County, authorizin~ irs use of Pitkin CounW-owned
mining claims within the ski area bunndarv for skiin ~ purposes ASC hal a
p~u~r~oses over ali other taming claims within the sl~ area boul,~-- ~ (~p~,~a: easemem ~or sMmg
~u~ty, omer man cmzms owned in fee by
_~k.. ASC owns fee title to substantially all other mining claims within the ski area boundary.
The Sundeck Restaurant is within the Aspen Mountain Ski Area boundary, and located on private land
owned by ASC in fee. Available for inspection in my office is a policy of titie insurance issued threu_~b
Aspen Title Insurance Company insuring the ownership interest efASC in and to th~ land on which t~e
Sundeck is currently located. The policy is not included with this letter due to irs large size.
To the best of our information and belief, there are no judgements, liens easements, contracts, or
a~eements which affect ASC's right to use the subject property for the contemplated uses. The Lnteresr
of ASC in Aspen Mountain is encumbered by a recorded deed of trust securing certain company-w/de
financing arrangements. The deed oftrust does not prohibit ASC's development ofthe changes described
in the Master Plan Amendment.
Please feel free to call or write if}.ou have anx, questions or require additional information on the subiecrs
addressed herein. ' ~
Very truly
! >'
~ /' ,,~/ :~-"
David'Be!/a~k
The Little Nell Hotel
Operational Policies and Procedures
Subject
Applies to
Sundeck Occupancy Control for Evening Events
Sundeck, Aspen Mountain, The Little Nell Banquets
D-21
Effective DatePage
4/10/04 1 of 1
The limit for total guests and employees occupying the Sundeck Complex for an evening function is 400 people.
The following procedure is in place to ensure that there are never more than 400 persons at an evening function.
For Public Nights:
The total number of staff will be given to the Aspen Mountain Manager for each event weekly as per the weekly
staffing schedule.
i'he ticket office will issue tickets up to 400 less staff at one time.
The gondola attendants at the top of the mountain will count departing guests and keep tally with hand counters.
For every 25 departing guests, the top of the mountain attendant will notify the ticket office that they can sell 25
more tickets.
For events booked on a flow basis:
The number of staff will be indicated on the Event Order.
An employee from The Little Nell will count guests as they board the gohdola using a hand counter.
When the total including staff reaches 400, guests will be instructed to wait until others have descended the
mountain.
A Gondola attendant the bottom of the mountain will count guests getting off of the gondola and let the Little
Nell Employee know how many people are permitting to board.
Approved by
Issue Date
4/10/04
Revision Date