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Home My WebLink Aboutcoa.lu.tu.Aspen Mt Apres.A02301 I"" CASE NUMBER PARCELID# CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY ~ A023-01 2737-182-50102 Aspen Mountain Apres Ski 2001 Temporary Use Silver Queen Gondola Plaza Nick Lelack Temporary Use Permit Aspen Skiing Company 4/5/01 Approved 6/1/01 J. Lindt t""', ;-.., ,-. ,-.., NOTICE OF DECISION The Community Development Director hereby approves the Aspen Skiing Company's (Applicant) Revised Temporary Use Permit for 180 Spring Jam for seven (7) days from March 31, 2001 through April 6, 2001, from 3:00 pm to 6:00 pm, with conditions below. 1. The Spring Jam Compromise Proposal and 180 Aspen Spring Jam Event Mitigation plan (Exhibit "B") are carried out exactly as approved by the Special Events Committee and City Manager. 2. The Applicant shall work with residents in the area to resolve problems caused by the Temporary Use immediately. The Community Development Director hereby approves the Aspen Skiing Company's Temporary Use Permit Extension for 180 Spring Jam for an additional seven (7) days on April 7 and 8,' and from April 12 through April 15, 2001, from 3:00 pm to 6:00 pm, with conditions below. 1. The conditions for the Temporary Use Permit remain in full force and effect. 2. Any and all issues raised during the first Temporary Use period are adequately addressed by the Applicant and approved by the City of Aspen. Failure to adequately address any issue to the complete satisfaction of the City of Aspen shall render the Temporary Use Permit extension null and void. APPROVED APPROVED BY: APR 0 5 2001 ~vyc-eJJ() ~ COMl.lUJlllTY DEVELU~MCNT DIRECTOk CITY OF ASPEN 4- ('6 /'D \ . Julie Ann Woods Community Development Director Date ,~ .- .. ASPEN SKIING COMPANY April 3, 2001 Nick Lelack City of Aspen Community Development Department 130 South Galena Aspen, CO 81611 RE; Amended Schedule for 180 Spring Jam Temporary Use Permit Dear Nick; This letter requests an amendment to the approved 180 Spring Jam Temporary Use Permit. The initial weekend turnout proved to be spectacular, and we would like to schedule events for this coming weekend (April 6-8) instead of during the next week (April 9-11). Killeen Brettman, Vice President of Event Marketing for Aspen Skiing Company, has spoken with the City Manager's Office and the neighbors and arranged to switch event dates at the base of Aspen Mountain to allow an additional weekend series of apres-ski parties at the expense of three already-approved weekdays. Kathryn Koch and Steve Barwick have agreed to amend the Special Events Permit and associated noise variances. Surrounding neighbors, specifically Joe Raezack, Pam Cunningham and Jack Crawford, have been informed and consented to the change. The approved Temporary Use Permit specifies March 3 I-April 5 and April 9-15 as the periods of use at the base of Aspen Mountain. We are requesting that the dates be changed to March 31- April 8 and April 12-15. Thank you very much for all of your help in processing this application. Weare very encouraged by the reception thus far and look forward to the remainder of the events at the base of Aspen MJuntain. See you there! " (\ II /. d~\ 11'.",8,.1," e,IY, \ :: \\ '," \ N; "I *Ms'tiley , ~spen Skiing Company $Printed on Recycled Paper Fost Office Box 1248 . Aspen, CO 81612 970.923.1220. Pax 970,923.4875 www.skiaspen.com ^ ,~ . ASPEN SKIING COMPANY March 23, 2001 Nick Lelack City of Aspen Community Developrnent Department 130 South Galena Aspen, CO 81611 Dear Nick; Enclosed find the Amended Temporary Use Permit application for apres-ski events on the Gondola Plaza this spring. The language in the application accurately reflects the approvals and conditions agreed upon during the Special Event Committee review process. I have attached two pages at the back of the Amended Application that specifY the operating plan and mitigation conditions. These two pages were presented to and adopted on Appeal by the City Manager on February 23rd, 2001. 5 copies of the Amended Application are being submitted to the Aspen Community Development Department. I look forward to finalizing this application with you and the Community Development ent Director. I can be reached at 923.8756 if you have any questions. i\ ~ " " "'~\'i " '\ ' ChHs',,' Aspen " '" ing Company Cf) Printed on Recycled Paper Post Office Box 1248 'Aspen, CO 81612 970.923.1220. Fox 970.923.4875 www.skiaspen.com 1'"", .. ."'"' ASPEN SKIING COMPANY February 27,2001 Nick Lelack City of Aspen Community Development Department 130 South Galena Aspen, CO 81611 Dear Nick; Enclosed find our Temporary Use Permit application for apres-ski events on the Gondola Plaza this spring. Given that the events occur on 14 days or fewer we are anticipating that this application will be viewed as an insubstantial temporary use and will be reviewed by the Director of the Community Development Department. Submittal Package Contents 1. Temporary Use application 2. Signed fee agreement 3. Pre-Application Conference Summary dated February 7, 2001 4. Street address and legal description 5. Total deposit - $680. Check #198245 6. Sketch site plan showing proposed apres-ski area 7. 180 Spring Jam schedule of events 8. 1998 Aspen Mountain Master Plan Listing of Uses section 9. Excerpt from 1986 Little Nell SPA Agreement 5 copies ofthe submittal package are being submitted to the Aspen Community Development Department. I look forward to discussing this application with you and the Community Development epartment Director. I can be reached at 923.8756 if you have any questions. 1y, Chiis Kiley Aspen Skiing Company G)Prinled on Recycled Paper Post Office Box 1248 .Aspen, CO 81612 970.923,1220. Fax 970.923.4875 www.skiaspen.rom .. I,; r-, LAND USE ApPLICATION .'-"', PROJECT: Name: ift:N H-rn. If. ':> .~l ~Cr '2fX) Location: ~ r-trN. (,otJbolA '?t.f\: (Indicate street address, lot & block number, legal description where appropriate) ApPLICANT: Name: ~ ~1ft(~t- COt-{PAtN C~(~ \4~) ~ CO ~lbt "PO 'Be>" l '2."t~ ct'Z-z.,. <e1~ Address: Phone #: REPRESENTATIVE: Name: c-t{tZl~ ~{..e( Address: ~6 A.'::> ~Vf.. Phone #: q"Z- ~ . %1S TYPE OF ApPLICATION: (please check all that apply): 0 Conditional Use 0 Conceptual POO 0 Conceptual Historic Devt. 0 Special Review 0 Final PUD (& PUD Amendment) 0 Final Historic Development 0 Design Review Appeal 0 Conceptual SPA 0 Minor Historic Devt. 0 GMQS Allotment 0 Final SPA (& SPA Amendment) 0 Historic Demolition 0 GMQS Exemption 0 Subdivision 0 Historic Designation 0 ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes 0 Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane 0 Lot Split ~ Temporary Use 0 Other: 0 Lot Line Adjustment 0 Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) I PROPOSAL: (description of proposed buildings, uses, modifications, etc.) .1eM~~'< V~ Au-oWIN& ~w~ ~ OtJ~ Go~tA f>r.J(Z.A rl1\~ ~\ -/(f'~.n.....- ~ N>J~ ~\\...- '\ - ~ll....ll;:.--,- UX)(. FEES DUE: $ 6tt:IJ Have you attached the following? ~ Pre-Application Conference Summary Attachment # 1, Signed Fee Agreement Response to Attachment #2, Dimensional Requirements F onn o Response to Attachment #3, Minimum Submission Contents ,& Response to Attachment #4, Specific Submission Contents ~ Response to Attachment #5, Review Standards for Your Application ~, "/ '0 ~ ~ @ ~ r\ ASPENMTN. APRES-SKI 2001 TEMPORARY USE ApPLICATION Request The applicant requests a six day Temporary Use Permit for March 31 through April 5 with a seven day Extension from April 9 through April 15, 2001 to allow for the activities and events as described in this application. Summary Aspen Skiing Company is applying to the City of Aspen for a Temporary Use Permit to allow a series of expanded apres-ski parties on the Silver Queen Gondola Plaza at the base of Aspen Mountain. The apr~s-ski series is planned between March 31 and April 5 and again b~tween April 9 and April 15, 2001 as part of the 180 Spring Jam cel~bration. A tented stage for bands, a snow bar at the base of the Little Nell slope and an expanded drinking area on the plaza will help to carry the mountain-wide planned events onto the base at the end of the day. Companion Applications In addition to this Ternporary Use Permit application, Aspen Skiing Company is submitting a Special Food Service Event application to the Environmental Health Department and the City Manager to allow for the barbequing of hamburgers on the Gondola Plaza and a Noise Variance application to the Environmental Health Department to allow for amplified music. Application Contact Chris Kiley Planning and Development Department Aspen Skiing Company PO Box 1248 Aspen, Co 81612 970.923.8756 Apres-Ski Temporary Use Permit Application 1 .~ ~ Event Contacts Steve Sewell Mountain Manager, Aspen Mtn. Aspen Skiing Company PO Box 1248 Aspen, CO 81612 970.920.0732 Carolyn Barabee Guest Service Manager, Aspen Mtn. Aspen Skiing Company PO Box 1248 Aspen, CO 81612 970.920.0707 Background The SPA agreement for the Little Nell base development (including the Little Nell Hotel, the Silver Queen Gondola terminal building and the Silver Queen Gondola Plaza) lists the operation of a "Restaurant and Little Nell apres ski deck" as a permitted use within the SPA. The Ajax Tavern, on the East side of the Gondola Plaza, offers food and beverage service on its deck during the day and for apres-ski in the afternoon during the ski season. The Tippler, on the West side of the Gondola Plaza, until recently offered food and beverage service on its deck during the day and for apres-ski in the afternoon during the ski season. The Tippler has not re-opened for daytime and apres-ski service since the disco inferno fire of last summer. In September 2000 Aspen Skiing Company submitted an application to allow apres-ski activities on the Gondola Plaza on a season-long basis under a permanent tent. The apres-ski request was withdrawn from the application when it was discovered that the Tippler would re-open during the 2000/01 season. The tent would have impeded access to the Tippler. Event Description The 180 Spring Jam events have been organized by the Aspen Skiing Company as a series of public events and parties taking place over the course of two and one half weeks in the beginning of April. Events will take place on Aspen Mountain and Snowmass Mountain. The series of apres-ski parties on the Silver Queen Gondola Plaza will coincide with activities planned for Aspen Mountain. On-mountain events include the Dash for Cash, KickAspen Big Air Invitational contest, ski demos, sumo wrestling and Apres-Ski Temporary Use Permit Application 2 -., t""'\ public N astar races. See the attached 180 Spring Jam event schedule for a detailed list of on-mountain events. The apres-ski parties will take place daily from March 31 through April 5 and from April 9 through April 15 between 3:00 and 6:00p.m. daily. During that time, food and beverage service will be available and atnplified music will be played from a temporary stage. Bands and dj's will be scheduled to perform from the stage during the parties each afternoon, with]ive music on the weekend events and dj'splaying during the week. The stage, measuring 20' x 20' and located on the west side of the gondola terminal building, will be tented to protect the musicians and equipment. The stage will be oriented towards the west side of the Gondola Plaza and the bottom of the Little Nell slope. The west side of the Plaza will be set aside for the apres-ski crowd but will not impede pedestrian or skier access. Between 100-200 people are expected to attend the events during the week, and 200-300 on the weekends, although actual attendance could vary either way. The Ajax Tavern will provide fooQ and beverage service. Light food from the Ajax kitchen will be available from circulating waitstaff, and a grill station will offer barbeque food. Ajax Tavern and Little Nell staffwill provide the beverage service. Food and beverage issues are addressed in the Operations Description section ofthis application. Operations Description Alcohol will be available for sale at the apres~skievents. The Little N ell liquor license coverage extends to include the Gondola Plaza area, and Ajax Tavern and Little Nell staff will be responsible for all beverage service. A temporary bar will be set up next to the Lift lA bottom terminal. Liquor-related issues have been addressed with Kathryn Koch in the Aspen City Clerk's office. Food will be served from the Ajax Tavern and Little Nell kitchens. Waitstaffwill circulate with hot and cold platters. When not being served, cold-held food will be stored in refrigerators and coolers and hot-held food will be stored in ovens or warming trays Apres-Ski Temporary Use Permit Application 3 r-. """' using the existing kitchen facilities at the Ajax Tavern and Little Nell. A separate application to allow for a temporary grill is being processed through the Environmental Health Department. Food storage, service and handling issues have been addressed with Jannette Whitcomb in the Environmental Health Department. Restrooms for the temporary event are provided in the public restrooms at the bottom of the Gondola Plaza stairs. While it is not anticipated that the apres-ski will draw a significant crowd, ifthe first few events prove to draw more people than anticipated = portable toilets will be rented and placed on the Gondola Plaza during the apres-ski events. Private security will be hired to assist with alcohol monitoring, crowd control and general security as warranted. In addition, Ski Patrol staff will be on-site and available to respond to minor rnedical incidents. Deliveries will be accommodated using the existing Little Nell and Ajax Tavern delivery networks. Food and beverage orders will be added to the existing restaurant and hotel deliveries. Access for police, fire and rnedica1 emergencies will be maintained using the existing Dean Street access. Compatibility with Aspen Mtn. Master Plan and Little Nell PUD The 1998 Aspen Mountain Master Plan, adopted by Pitkin County under Resolution No. 98-80, lists both "special events" and "accessory activities ancillary and natural to the spirit of skiing" as Activities Allowed as a Use By Right All Year. The Aspen Mountain Master Plan Listing of Uses section is attached to this application. The SPA agreement for the Little Nell base development (including the Little Nell Hotel, the Silver Queen Gondola terminal building and the Silver Queen Gondola Plaza) lists the operation of a "Restaurant and Little Nell apres ski deck" as a permitted use within the SPA. The relevant section from the Little Nell SPA is attached to this application. Apres-Ski Temporary Use Permit Application 4 i""'" "-..,, Review Criteria to be addressed in Application A. The location, size, design, operating characteristics, and visual impacts of the proposed use. Location, size, design and operating characteristics are addressed in the Event Description and Operations Description sections of this application. Visual impacts of the apres-ski parties will be negligible. The only visual obtrusion will come from the tented stage, which has been sited next to the existing gondola terminal building in part so that it blends in with the existing structure. The springtime festive crowd will serve to enliven the base of the ski area in the afternoon. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. The temporary use is compatible with the character of the Silver Queen Gondola Plaza and the uses of the Aspen Mountain Ski Area, as well as with the existing apres-ski service at the Aj ax Tavern. The Plaza is a suitable and appropriate place for the gathering of the public at the end of the ski day. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels and neighborhood character. The apres-ski series will have a minimal impact on vehicular traffic patterns and access. The events are envisioned as capturing skiers and snowboarders coming off the mountain at the end of the day. It is not anticipated that the apres-ski events will be viewed as a destination event that will draw people from outside of the immediate area. Similar apres- Apres-Ski Temporary Use Permit Application 5 f""'\ f""'\ ski events at the Cirque Cafe in Snowmass do not generate additional vehicle traffic from outside Snowmass but instead draws skiers and snowboarders as they come down off the mountain. Pedestrian and slopeside access in the plaza area will be maintained for through traffic and for skiers/snowboarders leaving the mountain. Municipal service demands including trash and utilities will be met through existing facilities at the Silver Queen Gondola Plaza and at the Little Nell Hotel. Trash will be collected from BPI containers placed on the Plaza by the event staff during and after the events. Trash will be hauled from the Little Nell dumpsters. Deliveries will be accommodated using the existing Little Nell and Aj ax Tavern delivery networks. Food and beverage orders will be added to the existing restaurant and hotel deliveries. Access for police, fire and medical emergencies will be maintained using the existing Dean Street access. Noise levels from the music will exceed allowed standards. A noise variance application has been submitted to the City's Environmental Health Department. The proposed events are in line with the existing character of Aspen Mountain Ski Area and the Gondola Plaza and the associated apres-ski activities at the Ajax Tavern and (formerly at) the Tippler. D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. Apres-Ski Temporary Use Permit Application 6 ,~ ~, The apres-ski series will occur on 13 separate days over a 16 day period. The applicant requests a six day Temporary Use Permit for March 31 through AprilS with a seven day Extension from April 9 through April 15. The Silver Queen Gondola Plaza is the site for many events over the course of a year. Major races, including the 24 Hours of Aspen and the World Cup, contests, announcements, parties, fundraisers and celebrations are regularly staged on the Plaza. E. The purpose and intent of the zone district in which the temporary location is proposed. The Silver Queen Gondola Plaza contains lands zoned Commercial Core (CC) and lands zoned Conservation (C). The parcel on which the temporary use is proposed is zoned Conservation. Ski lift and other ski facilities is a conditional use within the Conservation zone district. The Little Nell SPA Agreement, however, constitutes the development regulations for the parcel and lists the operation of a "Restaurant and Little Nell apres ski deck" as a permitted use within the SPA. The relevant section from the Little Nell SPA is attached to this application. F. The relation of the temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is proposed. The base of Aspen Mountain was a legendary apres-ski locale in the earlier days of Aspen skiing. That spirit has never been recaptured in the current Little Nell configuration, and changes like the lifting of the snowboard ban and events like as the Spring Jam are envisioned as helping to re-instill some of that lost flavor and energy. The base of Aspen Mountain, formerly a vibrant place, has taken on a stodgy reputation and is surrounded by many vacant second homes and condominiums. The Aspen Skiing Company firmly maintains that a ski Apres-Ski Temporary Use Permit Application 7 """ -- area base, especially one with the international reputation enjoyed by Aspen, should be a fun and exciting place to be during and at the end of the ski day. G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. The planned series of apres-ski events will help to infuse Aspen Mountain with a breath of fresh air, and will positively enhance the existing activities in the Little Nell Gondola Plaza area and social atmosphere in Aspen. The events are intended as a general celebration as the ski season winds down, and the public is invited to participate. Apres-Ski Temporary Use Permit Application 8 ,-., ,-., . CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY' PLA..."l'NER: Nick Lelack, 920-5095 ])ATE: Feb. 7, 2000 PROJECT: Aspen Skiing Company Temporary Use REPRESENTATIVES: Bill Kane, Chris Kiley OWNER: Aspen Skiing Company TYPE OF APPLICATION: Temporary Use ])ESCRIPTION: The Aspen Skiing Company is requesting temporary use approval for skiing and snowboarding competitions and concert series each day between March 31 and April 15, 2001, at the base of Aspen Mountain. The specific dates of the activities will be March 31-April 5, and from April 9-15. ' The Applicant may apply for ,an insubstantial temporary use if the Community Development Director determines the impact upon the immediate vicinity to be minimal. The Community Development Director may approve a temporary use for a period not to exceed 7 days, with one 7 -day extension. City Council may grant temporary uses for periods up to 180 days. Land Use Code Section(s) to Address in Application: Section 26.450: Temporary Uses Review by: Community Development Director or City Council. Public Hearing: No. The Community Development Director may, however, as part of the determination on whether the temporary use is insubstantial, require the Applicant to provide notice to surrounding property owners with an opportunity to comment by a date certain. Referral Agencies: Environmental Health ($180). Planning ])eposit: $ 500 (additional hours are billed at a rate of $205 per hour) Total ])eposit: $680 To apply, submit the following information: (Also see Section 26.304.030, Application and Fees) 1. Proof of ownership. 2. Signed fee agreement. 1""'\ ~ 3. Applicant's name, address and te}ephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 5. Total deposit for review of the application. 6. 11- copies of submittal package if City Council review, otherwise ~ copies of subrnittal package. 7. Sketch plans of the property showing property lines and existing and proposed features relevant to the temporary use and its relationship to uses and structures in the immediate vicinity. 8. Detailed description of activities proposed, including the time and date of events, temporary facilities to be erected, food services, and any other relevant information pertaining to this request. The foregoing summary is advisory only and is not binding on the City. The opinions contained herein are based on current zoning and regulations, which are subject to change in the future, and upon factual representations that mayor may not be accurate. The summary does not, in any way, create a legal or vested right. , REVIEW CRITERIA TO BE ADDRESSED IN ApPLICATION Section 26.450.030 Criteria applicable to all temporary uses. When considering a development application for a temporary use or an insubstantial temporary use, the Community Development Director or City Council shall consider, among other pertinent factors, the following criteria as they, or any of them, relate thereto: A. The location, size, design, operating characteristics, and visual impacts of the proposed use. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels, and neighborhood character. D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the. application. E. The purposes and intent of the zone district in which the temporary use is proposed. F. The relation of the temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is proposed. G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. ,-, '-"""\ . ASPENIPITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Pavment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and A~ 6\4tN& Ct>~fAN~ (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for A~'~\ ~~ \JE:E: (hereinafter, THE PROJECT). '. ...". 2. . APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) esiabllshes'a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. 'APPLICANT ,and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ tRJ which is for _ ' hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $205.00 per planner hour over the initial deposit. 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, and in no case will building permits be issued until all costs associate i case processing have been paid. ' CITY OF ASPEN By: By: O\~~ ~te( O'Z."01'Ol Julie Ann Woods Community Development Director Date: Mailing Address: g:\support\forms\agrpayas.doc 1/10/01 M,ltN ~~\N(YCoMfAtJ'~ "PO 'f:IJ1.. It-L\~ ~,Co ~b\L r-... Exhibit 1 ">-- Alpine Surveys 414 North Mill Street Post Office Box 1730 Aspen. Colorado 81612 303 925 2688 ""-'1 (. -'i1 P!"I' '" ~ .) n.~ fU -- ' . JCcr\ v .,_\...1 C.,"~ d" April 3, 1986 Job No. 85-121, REVISED DESCRIPTION OF ENTIRE LITTLE NELL S.P.A. (This description supersedes that of February 24, 1986) A PARCEL OF ~AND SITUATED IN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO, MORE FULLY DESCRIBED AS FOLLOWS: \ BEGINNING AT THE NORTHWEST CORNER OF BLOCK 102 IN SAID CITY OF ASPEN; THENCE S 75009'11" E 220.00 FEET ALONG THE NORTHERLY LINE OF SAID BLOCK 102 TO A POINT 10.00 FEET EASTERLY OF THE NORTHWEST CORNER OF LOT H OF SAID BLOCK 102; THENCE S 14050'49" W 241.76 FEET TO A POINT HALFWAY BETWEEN THE NORTHERLY LINE OF WATERS AVENUE AND THE SOUTHERLY LINE OF UTE AVENUE; THENCE N 75009'11" W 29.34 FEET ALONG SAID HALFWAY LINE TO THE INTERSECTION WITH THE NORTHERLY LINE OF LOT 21, UTE ADDITION; THENCE N 38035'40" W 16.98 FEET ALONG SAID NORTHERLY LINE OF LOT 21 TO THE NORTHWEST CORNER OF SAID LOT 21; THENCE S 45021'00" W 124.28 FEET ALONG THE WESTERLY LINE OF SAID LOT 21 TO THE SOUTHWEST CORNER OF LOT 21, UTE ADDITION, SAID CORNER BEING ALSO A POINT ON LINE 1-9 OF THE ORIGINAL ASPEN TOWNSITE; THENCE N 75009'11" W 50.00 FEET; THENCE N 14050'49" E 51.30 FEET; THENCE N 30009'11" W 34.00 FEET; THENCE N 75009'11" W 235.35 FEET; THENCE N 15030'00" E 126.67 FEET TO A POINT ON LINE 8-9 OF THE ORIGINAL ASPEN TOWNSITE; THENCE N 74023'18" E 13.11 FEET ALONG LINE 8-9 TO CORN2R NO. 9 OF THE ORIGINAL ASPEN TOWNSITE; THENCE S 40001'52" E 52.02 FEET ALONG LINE 1-9; THENCE S 75009'11" E 4.92 FEET TO A POINT ON THE WESTERLY LINE OF LOT R, BLOCK 98, CITY OF ASPEN; THENCE N 14050'49" E 10.00 FEET ALONG SAID, WESTERLY LINE OF LOT R TO A POINT ON THE SOUTHERLY LINE OF DEAN AVENUE; THENCE S 75009'11" E 60.24 FEET ALONG SAID SOUTHERLY LINE TO A POINT ON THE WESTERLY LINE OF VACATED HUNTER STREET; THENCE N 14050'49" E 50.00 FEET ALONG SAID WESTERLY LINE TO THE SOUTHEAST CORNER OF LOT I, BLOCK 97, CITY OF AS?~N; ">- Page 2 Job No. 85-121 Revised Description April 3, 1986 THENCE S 75009'11" E OF LOT A, BLOCK 102, THENCE N 14050'49" E OF SAID LOT A TO THE Exhibit 1 ~ S;=7~{ of Entire Little Nell S.P.A. c;1.~ ~I!.r.~~:'t') U..L.i_J :.-,J...V;"'.,.. 75.00 FEET TO THE SOUTHWEST CORNER CITY OF ASPEN; 100.00 FEET ALONG THE WESTERLY LINE POINT OF BEGINNING; CONTAINING 88,567 SQUARE FEET, MORE OR LESS. ( (> ~! b'Z:- ~ \ 1\\1 ~ :~ I-\u...-rel<- J'-I 4.......elo)~ ~ ~ I , , - - - , - - Q Z. ... l-L.- C , 0 . 11 - "(I )- - ~ ,- - 7- - 0 -1 11 z: :I 1I1 ... ... F r (\\ l' l .~...," ~ ----- ~ '".J , \ ,t ' .r ,.' I r '\ v IJ \' ~ r.. , ""---- . , . . , f , . , '. I , , , . Il .. - - ,HE: L-- t T T"L- E: tJ E: IL L- j2) A? p=.. f!{" '"7 - "'7 ~l r- .~ Festival Demo Village 2"d Annual Wild Dash for Cash Wild Dash BBa and Party Superpipe Showdown - Televised Pro Event After Party and Outdoor Concert Series KickAspen Big Air Invitational KickAspen Big Air Party Location: Aspen Lower Gondola Plaza Aspen Mtn. (top to Gwyn's) Gwyn's Snowmass Base Stage (Aspen Mtn) Base of Aspen Mtn. Whiskey Rocks I Sunday, April 1 8:00 am - 4:00 pm 8:45 - 9:00 am all day TBD 1 :00 - 6:00 pm I Monday, April 2 8:00 am - 4:00 pm all day Noon - 2:00 pm 3pm 3:00-6:00 pm I Tuesday, April 3 8:00 am - 4:00 pm all day all day Noon - 2:00 pm 3:00 - 6:00 pm I Wednesday, April 4 8:00 am - 4:00 pm 10:00 am - 2 pm Noon - 2:00 pm All day 3:00 - 6:00 pm I Thursday, April 5 8:00 am - 4:00 pm TBD 11:00-2:00pm 3:00 - 6:00 pm Opening Dayfor Snowboarding on Aspen Location: Aspen Festival Demo Village Lower Gondola Plaza Opening Ceremonies - Snowboarding on Ajax Base Terrain Park Jam, Comps, Demo Teams, BBa & prizes UllIe Nell Terrain Park Splash for Cash Highlands After Party and Outdoor Concert Series Base Stage (Aspen Mtn.) Festival Demo Village Nastar Fun Races High Altitude BBa King ofthe Hill Sumo Challenge After party and Outdoor Concert Series Location: Aspen Lower Gondola Plaza Nastar TBD Base Base Festival Demo Village Mountain Mayhem Scavenger Hunt Nastar Fun Races High Altitude BBa After Party and Outdoor Concert Series Location: Aspen Lower Gondola Plaza All Mountain Nastar TBD Base Festival Demo Village Legs of Steel Bump Classic Bell Chair Weenie Roast Nastar Fun Races After Party and Outdoor Concert Series Location: Aspen Lower Gondola Plaza Ridge of Bell/Bell Chair Base of Bell Chair Nastar Base Festival Demo Village Pro Patrol Festival Pro Patrol Fest Public BBa After Party and Outdoor Concert Series Location: Aspen Lower Gondola Plaza North American Bonnie's Base 1""'\ ~ I Friday, April 6 8:00 am - 4:00 pm AllDay 11:00 - 3:00 pm 2:00 pm 11:00 -2:00 pm 3:00 - 6:00 pm 7, 8 & 9 pm I Saturday, April 7 8:00 am - 4:00 pm AllDay 11:00 - 3:00 pm TBD 11:00-2:00 pm 3:00 - 6:00 pm 9:00 pm I Sunday, April 8 8:00 am - 4:00 pm All Day 11:00- 3:00 pm 10:00 am -2 pm 11:00 - 2:00 pm 3:00 - 5:00 pm I Monday, April 9 8:00 am - 4:00 pm TBD All Day 3pm 3:00 - 6:00 pm I Tuesday, April 10 8:00 am - 4:00 pm All Day TBD All Day 3:00 - 6:00 pm evening Spring Jam Sidewalk Sales Women's Snowboard Camps Bud Light Superplpe Session Snowmass Ski Splash High Altitude BBQ with live music After Party and Ouldoor Concert Series Willy Bogner Movie - Ski to the Max Spring Jam Sidewalk Sales Women's Snowboard Camps Bud Light Superpipe Session Wild Tube Races High Altitude BBQ with Live Music After Party and Outdoor Concert Series Concert Spring Jam Sidewalk Sales Women's Snowboard Camps Bud Light Superpipe Session Snowfusion: Mountain Bike, Kayak & Snowshoe Race High Altitude BBQ with live music After Party and Outdoor Concert Series Festival Demo Village Litty Olympics Burton-K1ug Freeride & Race Camp King ofthe Hill Sumo Challenge 2 After Party & Outdoor Concert Series Festival Demo Village Mountain Mayhem Scavenger Hunt 2 Media Challenge Burton-Klug Freeride & Race Camp After Party & Outdoor Concert Series Aspen Shortsfest Location: Snowmass Snowmass Village Mall Snowmass Trenchtown Superpipe TBD Spyder Sabich Picnic Palace Cirque Bar & Grill Wheeler Opera House Location: Snowmass Snowmass Village Mall Snowmass Trenchtown Superpipe Spyder Sabich Race Arena Spyder Sabich Picnic Palace Cirque Bar & Grill Double Diamond Location: Snowmass Snowmass Village Mall Snowmass Trenchtown Superpipe Spyder Sabich Race Arena Spyder Sabich Picnic Palace Cirque Bar & Grill Location: Aspen Lower Gondola Plaza All Mountain Aspen Base Base Location: Aspen Lower Gondola Plaza All mountain Nastar Ajax TBD Wheeler Opera House I Wednesday, April 11 8:00 am - 4:00 pm 11:00 am -2:00 pm 11:00 am - 2:00 pm All Day 3:00 - 6:00 pm Evening Festival Demo Village 180 Spin to Win Air Comp High Altitude BBQ with Live Music Burton-Klug Freeride & Race Camp After Party & Outdoor Concert Series Aspen Shortsfest 2 Location: Aspen Lower Gondola Plaza North American Bonnies Aspen Base Wheeler Opera House 1"". ,-, I Thursday, April 12 8:00 am - 4:00 pm TBD 10:00 - 3:00 pm 11:00- 2:00 pm All Day 3:00 - 6:00 pm Evening Festival Demo Village National Synchronized Skiing Championships Speedcross High Altitude BBQ Burton-Klug Freeride & Race Camp After Party & Outdoor Concert Series Aspen Shortsfest Location: Ajax Lower Gondola Plaza North American North American Bonnie's Aspen Base Wheeler Opera House I Friday, April 13 8:00 am - 4:00 pm Allday TBD 10:00 am - 3:00 pm 3:00 - 6:00 pm Evening Festival Demo Village Burton -Klug Fr~nde & Race Camp National Synchronized Skiing Championships Slopestyle After Party and Outdoor Concert Senes Aspen Shortsfest Location: Aspen Lower Gondola Plaza Aspen North Amencan Little Nell Base Stage Wheeier Opera House I Saturday, April 14 8:00 am - 4:00 pm TBD 10:00 am - 3:00 pm TBD 3:00 - 6:00 pm Evening 9:00 pm I Sunday, April 15 8:00 am - 4:00 pm 8:00 - 10:00 am Noon - 3:00 pm 3:00 - 6:00 pm Schedule is subject to change Festival Demo Village National Synchronized Skiing Championships Ultracross Burton-K1ug GS Fun Race and Public BBQ After Party and Outdoor Concert Series Aspen Shortsfest Concert (Slightly Stoopid) Easter - Retro 70's Day Festival Demo Village Easter Sunnse Services and Breakfast Retro Bump Competition After Party and Outdoor Concert Series (Boogie Machine) 3 Location: Aspen Lower Gondola Plaza North Amencan Little Nell Nastar Base Stage Wheeler Opera House Double Diamond Location: Aspen Lower Gondola Plaza Sundeck Sunset Base Stage " SEP 16 '98 11: 32AM PITKf....p1INTY GQVT. . ,_., . -e'kJ:.'A"r ~ ~OCL~.C'}~O- Updated Lilting; a! Uses P.ll3 B{~bJ "All -- USES BY RlGllT Usa by right are to be set by the adoption oftbis pJan.. Seet!on 3-230. 30A of the Pitkin CQunty Land Use CDdc StateS that: ... A.:tiviti.=l which are allowed all year are those uses which are typically associated with the year-round. recreational use of the InCll"ti.;" and. have little or lIlJ envi:romncntal. or service related impacts." Al:iiviiia aDowed by riiht aD year. 1. All existing uses and activities allowed by this Master PIm. 2.. ' Qenc:aJ. maintenanCe activities lIlJrmally asSQI";'1tI-<l witb. the operation of the ski' area mcludini but not limited to: a) ConstrUCtion of new ski lift facilities as showlt in the accompenying plan as well as lift constrUCtion.. renovation. upgradmg and. maintcnanc: of lifts identi:licd in the Master Plan to the extent that there is'lIlJ sigriificam: ,iDl:teaSe in e:ithc:r the bulk of the top or bQttom ~;".M or that no increase in capacity is ~mpli.."...... as a result of such. work beyond capacities: listed in the MasIl:r P1m. b) MaintenanCe and renovation at'buiIdings ;""lmH"i a one-time explmSion. up to 10% of total square feet as listed in this Master Plan. or 1,000 feet, whichever is less. However, such expansion is ,subj~ to GMQS exc:mpt:ion and potentially 1041 hazard revfew. . c) All constrUCtion. renovation. and mll.;"-'''''''~ shall requin: approval within the ""', construction Itl""lI.gcment plan as accepted.llDd approved by the County. The plan shall be updated by theapplicant,and approved by the County every three yem. d) Modifications. renovations, upgrading aruIlarthe demol1tion and reconstruction of existing restaUr811t fiu:illties in existing locations. provided there is not aninc:reaSe in Employee- Qenctation Umt! (EGUs) as A,-fl"...d in Section 5-501. 1. c of the Pitkin County !.and Use Code.. Such. utilities shall be in compliance with Pitkin County site-specific 1041 and enviro"m.."rn I healtb. zeguIatiOIlS conc""';"i such activities. c) Jnthe case ot' mowxtain bike trails, Asp=,$~!~g ~!!i~, shall. apply for an cartbmo'Ving pcmtit regardless ofwhcthcr or lIlJt 50 ~ ymis or less. is being moved.. . . . . <~!":"OC ;--..:\ 1:.'::.' . ,', ..":, ':T .'j:::::~;:~~J ';,"'~ : / -:. . fj Wat:r system improvements mcluding rlI.'o!~.ly. ~-t; distc"bmion ami storage fi1clliti.es as dcsilV"i'M on the proposed .....!lti...~. Such. ii:nprove mC1tS sha1l be in complism:e with Pitkin COUDty site-speciIic' 10411Dd ~ 1l!l health ieguIations, conc-~"P;sach. ~_.., 1, f ~ 7 A ~ P 4 11: iii 0 II. II. t & filM., S' ~'IJ ~ p>' 1 ., It .. , ~ 16 ''38 11:~ PITKIN COUNTY GQVT. I"" .." '\_. "'... r., .___.'. t" . 'r"' .. ..::J,i. ~,..... '. '" t',_ Upda.tod C'ist!'ll& Q("'tl'I'lll ..;'.,:; r.J.... .,-" ~. \"I,~."~.' ; , . r ~~~~ "r:~ ">'" ..... ..~ , . ,..... \~ i) Consttucuon axui operation of a. bUrled 30,000 gsllon fuel. stOrlIie facility as desigr....M 012. the proposed. facilities map. h) Ptoc;:::lS for h"..d1inll.1.041 issues on Aspen Mountain for utili.;.... , traill1''';'-''~ am:c axui trail upgrades is.ufollows: ' ~eW of all 1041 issues is required; howeVer, in the case where the 1041 issue is exclusively due to 30% slopes and no other 104-1 cone......!!., certain a.cti;viti.es on Aspen Mountain may be granted 1041 approval if coJ3l:C1lS; can be. handled. tbroug!1 the eatthmaVinipemnt process. AJry activity requiring the h"..tlH..g of over 50 cubic yuds of dirt shall requiIe an ea,rthmoVing pe:mit and consultation with the pl'''''';''i division. A del:mnination shall be made as to whether or not 1041 issues can. be handled sufficiently through the esrtbmaVini process. and. 104-1 approval can be hereby granted. or if a. 1041 review is required. The following findings must be ~ by the Community Development Directar to gIlID11041 apptOvai fOr slopes-within the Aspen Mountain Mas= PIlin l'01%t'tlmes tbrough the earthmoving revieW process: 1) the activftyhas no 104-1 CQ",.,.,."S otbertb.m,sl~~ which can. be mitiptM through. the eartbmovinipemrlt process;, including but not limited. to ~;""F. ~egetlltion, erosion. consttaetiOn and uafiic m;tip1.i"11 phms; 2) the activity is within established. ski ttail aljil""~ and does not remove trc::S above: the amount specified ixt the Land. Use Codi: section 3~260; , 3) the ac:tivity has been iel-tined within the approved Aspen Mountain Master Plan; 4) all other required approvals have. been granted by either the USFS, 1and oWni:rs or the city of Aspen. 3. Tube and lattice lift towers exceeding 2& feet in height.. 4. EstabH.,--t of1i:ft opemng times. ski trail closures. grooming 5Chedules. snow 1%l"t.i"i ei'f'orts and. other qn-going mountain ","""gernmt issues. . .- 5. {)peratioas of lifts for.Id;1\i. snowboarding, foot pass-gers. mountain bikes and ~ uses u ~;S"a;,"", by mountain. opemticllS staft , , ' ' . . . . - 6. Operation. and. occupancy of 1I('....aonry ~..lP iMl"AI"g. but not limited to, ski patrol statioas. warming huts. cquiptnmt storag$ buildings. li11 operator 'huts, moW ...almlg pumphouses.,. and. other c.1iltll"t" as showulllld. deo~ed in the accompanY- ingp~ ' - -- 1 t ~ 7" . ....... A _ So .p, e: II. -_ III 0 It 11 t a. [It ,Jl. 'J t: .. r 1"1&11 "........, . SE? 16 "38 11 : 3:3F\M PIT1<~.. COUNTY GQVT. ~ P.12 17pdaad. Listini or 17us JI 1. TIc:k=t sales areas. . 8. ~ including indoor Slld outdO?r eatini Slld dri"r,.;"g estabH.."....-.u,. 9 n.l' . .nct1I"~ 1 O. PIac=s for the retailing of goods in r=latiOIl tD m.aantain operatloas. 11. Offices in sripport,ofmo,nm.i" operations. 12. Operation ofthc gondola. Slld Sundeck for night use, on a. tbree-year exp""",_l basis. as specified in this R=solutioll (BOCC Resolution No. PZ-98-->. 13. S1ciing. snowboarding. snowshoeing, crcss~ountry skiing, 1.iTri"s. mo,wmo;" biking. Slld any other non-motcri2:=i rec1"""tin.." I endeavors on Federal. State and locally controlled lands both inside Slld outside ofthc ski area permitboundaryas permit- ted. . 14. Use of adjacent public and private lands, wh=re allowed by cmmo.lli.ng' parties, for rec:eaticnal endeavors. 15. Rmtal. Slld sales of reaeaticnal equipment and goocis, related: to uses OIL the, ski area and adjacem: lands,. including croSS-eotll1trY Slld mo~rem8ls and. sales. ('This use will be resolved. as part,oftbe F;,.I\",n,,';: ~MasterPTm.) 16. Special events, including w-lrHnill, concerts, child:rell.'s SA:tivitfes9 private parties,. . worsmp services md other itl3UP and. sccial events~ '. , .' 17, Hiking uphill Slld downhill. on foot., snowshoes, skis aDd di:ber, devicu according to regulati.c11s established by mo'"",,;" operations ~ 18. Accessory =eational facilities Slld activities ancillary Slld!lll1Ural to the spirit of skiing. 19. Gta%ing 011 Forest Service Lands when allowed by Special Use p.......as through the Forest Service. . 20. Mountain sign system, which: sba.I1 remain. in e1.~ with. existing levels of ser- ; vice on the mountain., wbich j""h.t-l_ 110 lighri-rlg or ~ :i . . . . -"." '. . .' ,'", '. .,- ";;:)'1"0" . . 21. .; Facility from. which. to stage b""lto.-ountry ac:ti.vities an 3di~~t public lUIli privslt lands. ('This use will be resolved as part of the Ffr"",m.tf Biit M:aso:r P!mL) 22. Employ= housing (two units within Ski Patrol ~ btftTtI;,,~ UIlia=umt ~thc,S~.~ . Wl~ ._.",.. J" ,.. . '"0>-""'--- ^. . ..-....---.....-.....- " . ,- .... "" ,- 'l '. 1997 ..tspell MoU.lltLllt M~~tlll" plall -- , ...,.... ...... -- r-" Us. s ~ ',. I1pci..aci Llsdnl 23. CommuDicadol1 ttom...,,;..lnn sit=. as loca%ed at tbc top ofBuckhcm 1,"=. 24. W81M lines. water tr'""""".....rt facilities. !ewe' lines, comprc:ssed. air 1mcs aDd other such utilities requiIcd fer tbc opemtiOI1 of ~ snowmakin& ..."""';,,~. restau- rants and other such "..lllti"" in tbc area. Sucl1 utilitiessball be in compliance with Pitkin CountY site-SiIecific 1041 and environmel1tlll ~lth regu1aticms ~~i"g such. ~vities.- ' 25. ~ roads for 11'",,,t-A,,,,e and. CQnstractian ofw;li1:ies wi:tbin t1= ski area. Development of such roads sha1l be meln,;....! as part oft1= ~ ""'"Agemc:nt . plans submitted. to tbc County. and may req,uiII: 1041 approval based upOI1 the loca- tion. of such roads. . 26. Vehicle and. equipment !XIAi--A""e shops next to summit gondola building. ,. 27. High. explosivea .stOrage as located neaJ: Aspen Mo\l1l~i" 31""""';1': vehicle !XI AI"tM1- anc: building. 28. Public remooms. 29. Operation. of emc:gencyfirst aid. tacilities:. 30" cQIIS1J:Udicn. of a. new ski pattal Ji1';r,;;"i' consisting on.800 so!, lIS desiped 011 the proposed. facilities map and incorporating alL currentuses of c:dstini facilitY- Sucl1 improVCtl"oonts shall be in: CQmplianca witl1l'itkin County sitc-speciiic 1041 aDd enviroJ"'"'....mI. b=lth regalatio~ conr1"ming such. activities. , Uses allowed. by ri&ht:whea Ufts areoperatiJlc or d~ the preparaUOll for the oPf!u- iDg of the ski areL.. 1. Sld school activities iiIl:ludini; meeting areu aDd s1ruI;Nl:CS described in the pIan. 2. Ski trails operation on alL trails shown and described in acconipanying plan. 3. 51dini,amiSl1O~ 4. Sl10wmaking in. areas shown as e:dstiDg cove=! uess~ 5. ,i\valsJ1""~ controlwm:k. ac:comp1i:shcd by the use ofhigh explosives. Ii. Snow gtOominl ir..1"m"i' but not ll",;tI!,f to, rolling, compaction, eutring. dczini _telo...m:.,lr-' ' ' 1 , 1. r. A.S If '" It M l). Ir It t It. [~ M It So t II r p!.. Il "SE? 16 'S8 11:3:3l=iM PITK~Ol..l'ITY. GOVT. .~ 1'.14 {/pd.ated. LlltllSl or {/S,4S ~ Uses Allowed ~ Special Review 1. Pmdom's lift and trails. This arclt will be presented aa an .m.....l...-to tha Aspen Moumain Master P1m. 2. Tbe.l'......;,ini of pllI"'gH.i""'S and bani illd= liom ,j-iV........ Ioc:atioml as shown OD. ~maps. (This use will be resolved as part of the Richmond Hill Master P\aI1.) 3. Guided and self-i1Jided environm~l tours on fOot. snowshoes. skis and mow boards. (This use wiIlbc l'CSolved. as part of~ lU"htnnnd Hill Master Plan.) 4-. Tours of mmmg 0pe:a.U0J:IS within the ski area ~t bounda%y; including ticket sales from ski area facilitiea for tours. (!his use will be resolved. IS part of the ilj,-lol...n..4 Hill Master Plsn.) ., Growth ~a:t Quota System Exemptions Pursuant to SectIOn 3-150.308'. ad 30-:%30.20:& olthel'UkiJl Coaty Land U. Code. 1., All nr:N lift CODllttUCtion." including line: ml!,,;"in'""Y (1xlWCtt,. cables,. whe:l asscm.- , blies, etc. ) top and bottom drive amiret= statfuus and lift oplmuotS' eabil3s. 2. All txail.wotk inclllllm,g grading. cj...... ;"g. ,tine' groomin(.. re.vfigetaiion and ~ sucli activities normally associated: with: the constrw:ti.on and .....i-...."e of ski ' tJ:aiIs. " 3. ExpansiOllS ofexistiJ:Ig restaurlDltS which dO not == a.neCd. tor additional EmpJ.oyec~D. Units.(EGU's)in.ac=rdanc:withS'ection3-150. 150 of the . Pitkin Coun1Y tamiUse C~ 4. Expansions or any individual buildings on. the moumain. other than rcstam:antll and. lift top and bottom drive t.......;n..lq which do not create I. ne:d for additional' Employee ~D. Utdts (EGUs) in accotdance with Section.!-IS0. 150 of the Pitkin County Land. Use Code. E~PtioDs from Bui1~ Department lUlli E:ngiD~rlDg Department Review- Lift constrUCtion. renovation and upgading to the extent tbatthe majority of the wcn:k isaJreadyinspeeted.andappmved.by the Colorada T.......>1Vlly Board and the united StateS Far= Service shall be exempt from Bm'Tdin(1Jepiirtmem' review fer buiJ~ rift. Detailed. conmucti.on..apptOWl fOr lift cmistmcUon will come from: the CoIoEado Tmmway Boam and. theUtdted S'tatI:i Foresdemc:e. Such approval doclJ;mi:nts shall be sent to the Buitrli"i Departnu=t toVcri:fY that all inspc:ctio1lS have been. made and that reports ;ndiC'm complimlce. ..".... 1197 .4ljJ,.lt MQlllSt~iQ; MIst4r 1'1111; ,- . I I L ./~ .'-~,.-< \,~ .J." 'I' ..t., ,..,.;, '1~;\~';-<' ".. \','/i l - :. j ," /' ",'. , ;1>SPA AGREEHENT FOR LITTLE NELL BASE DEVELOPMENT ~ (/1 "? /<1 I Li,-Z:.') \"V .) ',~I ,- '''"'"'''\J- \ \ 1) ~. eoo:\ 518 f'AGE4tl4 i' ( THIS SPA AGREEMENT is made and entered into this .J.7i_ day 0 f. /kUV.-V, 1986, by and between the CITY OF ASPEN, 'I (J COLORADO, 'ii, municipal corporation and home-rule city (hereinafter referred to as "City") and the ASPEN SKIING COMPANY, a Colorado general partnership (hereinafter en ,..., .." referred .." --i,.... ~o :z::::> or~ --;::! -(' .> to as "Owner"). '..T! .,.t:,. RECITALS: o :;:j::;o t..., m> 0:::: ~. o:;c ---- :0 m 0::0 = ...... en ::0 for approval, 1. The Owner has submitted to the City execution and recordation, an SPA Precise Plan for ( Development (hereinafter referred to as the "Precise, Plan") pertaining to the development of a gondola, lift facilities and lift buildings known as the "West Wing" and a hotel and commercial project known as the "Little Nell Hotel" (hereinafter collectively referred to as the "Project") on a tract of land situate within the City of Aspen, Color~do, legally described on Exhibit "1" attached hereto and incorporated herein by this reference; and, 2. The Owner has received all requisite development approvals from the City for the Project except for a Growth Management Allocation for the new commercial space produced J- by the Project which applicant will apply for in August, 1986, The development approvals that the Owner has received include the following: _ 1 _ N m i",-, en N )""'" .- R,"T,' 51 ~~"r" A C:; --_"\ _.i...U :i.M<Jt.. 'i:t..)~J , (a) Growth Management Allocation for ninety-two (92) lodge units for the hotel (approved by City Council on April 14, 1986), (b) 8040 Green Line Review approval (approved by P&Z on March 18, 1986), (c) Mountain Viewplane Review approval (approved by P&Z on March 18, 1986), (d) Conditional Use approval for hotel in the CC Zone, ski lift and other ski facilities in the Conservation Zone (approved by P&Z on March 18, 1986) , (e) Change of Use approval for employee housing at Holiday House (approved by P&Z ~n March 18, 1986, and by City Council on April 14, 1986), (f) SPA Conceptual Plan approval and Precise Plan approval (approved by P&Z on March 18, 1986 and by City Council on April 14, 1986), (g) Rezoning of Conservation Zone to SPA (approved by p&Z on March 18, 1986 and by City Council on April 28, 1986) 3. The City has fully considered the Precise Plan and the proposed development and improvement of the lands therein, and the anticipated benefits and burdens to other adjoining neighboring properties in the downtown area in general by reason of the proposed development and improvement of the lands included in the Precise Plan, all in accordance with Article VII and other related provisions of the - 2 - 1""'\ ').- BGDi( 518 ~".;A87 . .....;J;..!.zv. necessary to protect, promote and enhance the public health, safety and welfare; and, 7. Under the authority of Article/VII of the Municipal Code, the City is entitled to assurances that the matters hereinafter agreed to will be faithfully performed by Owner and Owner's successors and assigns; and, 8. Owner is willing to ent,er into such agreements with, and to provide such assurances to, the City. WITNESSETH: ( NOW THEREFORE, in consideration of the premises, the mutual covenants herein contained, and the approval, execution, and acceptance of the Precise Plan for recordation by the City, it is agreed as follows: I. USE, AREA AND BULK REQUIREMENTS ......,.~:-. . The Precise Plan attached hereto as Exhibit "2" including all conditions of approval and representation.:; of the applicant incorporated wi thin the body of this agreement shall constitute the development regulations for this parcel of land. The underlying zones on the parcel upon which an SPA designation exists shall remain as CC and C as they are - 4 - 1""'\ "} , 1"""\ BC0^ 518 ~G:MJS presently designated on the officially adopted City of Aspen Zoning Maps as of April 14, 1986. A. The following area and bulk requirements shall serve as guidelines to help administer the development of the Project which is to be built in accordance with the Precise Plan. 1. 2. 3. 4. 5. 6. 7. ( 8. 10. 11. Minimum lot area 3,000 sq. ft. Minimum lot area per dwelling unit No requirement Minimum lot width No requirement Minimum front yard Minimum side yard Minimum rear yard Maximum height Minimum distance between 26 ft. No requirement No requirement [40 ft) ~ /?1~ No requirement primary and accessory buildings 9. Percent of open space required for building site (minimum) * 25% External floor area ratio ""',..-: 1.93:183,265 sq. ft. " ~~//7 No requiremen~~ (maximum) Internal floor area ratio 12. Off street parking spaces: internal to the Project building 118 external to the Project building 15 (9 in drop-off lane; 4 in parallel parking along drop-off island, and 2 service delivery bays) 13. Utility/trash service area no less than 36 ft. in length (variation) - 5 - . \,~ .)~ S* Open space for the parcel shall in~~:d~5:;: ?:~~~~ meeting the definition of Section 24-3.7(d) of the J l Subsection ~vJ j r1 ,c ",)) C' 'c1I'-_~ ,u';>~. I , -:+,J; (l! " ....;~,. ( Municipal Code, provided that the requirements of ~ 24-3.q~r shall not apply to this parcel. 11-:== ?5vbsra ,{z.l-nr~~..--.qJ'-rN :fa U2 B. Uses Permitted. The following uses shall be permitted in the area governed by the Precise Plan or shall be conditional uses if so noted: 1. Hotel (conditional) 2. Retail commercial 3. Ski accessory retail to include ski shops, repair, rental and storage 4. Open use recreation 5. Restaurant and Little Nell apres ski deck 6. Additional retail commercial as specified under permitted uses in the CC Zone, Section 24-3.2 of the Municipal Code 7. Ski area administrative offices and ski school 8. Shipping and receiving for hotel and mountain fcod service and other mountain operations 9. Storage of materials accessory to the above 10. Cabaret and night club 11. Activities associated with emergency medical service for treatment of injured skiers 12. Ski lifts and lift buildings (conditlonal) 13. Mazes and skier milling areas - 6 - H ,-,. ..-.. E~ \<3 1'\ 8 Si>""r;J ~"" CO#(N6l\<.i;e p~PCJ'" \ \~o k,.~~"""~J",,", ~t tl'\.i-f[).q'7Ql.-. Spring Jam Compromise Proposal March 21, 2001 The Special Events committee approved the two-week festival with the apres ski party running from 3 pm - 6 pm every day. The Environmental Health Director approved 4 days of music for a maximum of four hours each day or a total of 16 hours. We are proposing the following schedule which will reduce the total number of hours of amplified sound from bands from our original request of 39 hours over 13 days to 12 hours over six days with an additional 6 hours on those six days with limited noise from a sound system. We propose that for the additional six days listed below a sound system would be playing music at a lower level. The decibel level on April 2-4 and April 9-11 will not exceed 100 decibels. Meeker Security will be responsible for monitoring the decibel level on these days in the gondola plaza. We are also proposing moving the stage from against the gondola building to the far west side of the plaza facing the gondola building. Speakers will face up the mountain and towards the gondola building to minimize the impacts on the North of Nell and the Tipple Inn. Band Days-- March 31st-Music at gondola plaza-3 - 6 pm April1st-P.A. System for snowboarding opening ceremonies remarks- 8:30 - 9:30 am Music at gondola plaza-3-6 pm April1z'h-Music at the Plaza-3-6 pm Band to play-4-S:30 pm April 13th-Music at gondola plaza-3-6 pm Band to play-4-S:30 pm April14'h-Music at gondola plaza-3-6 pm Band to play-4-S:30 pm April1Sth-Music at gondola plaza-3-6 pm Band to play 4-S:30 pm Limited Noise Level Days- Monday April 2nd-Wednesday, April 4'h 3-6 pm Tuesday, April 9'h__ Wednesday April11'h 3-6 pm **April Sth-Non-amplified music from a Salsa band **April 6-8th-Event moves to Snowmass 1""'\ ,-, t 180 Aspen Spring Jam Event Mitigation Sanitation There are 10 men's toilets and 9 women's toilets located below the gondola. ASC is producing signage directing people to these facilities. There will also be 4 guest services employees on staff during the apres parties to direct people. Waste removal SOS staffing will send 2 people each day from 6-7 pm to clean the apres ski area and make sure there is no trash in the upper and lower gondola plaza's or neighboring properties (Tippler, Tipple Inn, North of Nell). ASC guest services will make sure containers are not overflowing during the day. BFI will provide us with 6 - 90 gallon receptacles for glass recycling (we will have 3 back ups). We will have 4- 90 gal containers for trash. We have 28 cardboard trash boxes that will be spread throughout the area, marked for glass or trash. BFI will pick up the recycling on Mondays, Wednesdays, and Fridays. If necessary additional recycling pick ups will be arranged. The trash will be picked up daily M-F mid-day. The receptacles will be placed near the photo lab facing west. Parking ASC will post no-parking signs, cones and a chain to prevent parking on Dean Street. Four guest service employees will monitor Dean St., Spring Street and in front of the Gondola Plaza to avert any parking , issues and direct people to the Rio Grand Parking. These guest service employees will direct people to park at the Rio Grand Parking lot if they can't find legal parking downtown. KSPN and CR. 16 will be broadcasting PSA's urging people to take the bus into town from as there is no parking for the Spring Jam. We expect people coming to the Spring Jam will be coming to ski Aspen Mountain and will park at their hotels/condos and take the bus to the mountain as usual. Carolyn Barabe is also contacting the police to get their help in making sure the parking situation is handled properly. Security David Meeker will provide 3 security staff on March 31 - April I from 3 - 6:30 pm. He will provide 2 security staff on April 2-5 & 9-15 from 3 - 6:30 pm. They will make sure no-one leaves the apres ski area with containers and they will make sure everyone drinking has a wristband. Bartenders will not serve anyone without a wristband and ID. Bartenders will not serve more than 2 drinks per person or overserve anyone. 4 ASC guest service employees will also be on site to assist with security. David Meeker & ASC will make sure there are no problems with the neighbors and will provide a cell phone # to call with any concerns. These concerns will be handled immediately. Steve Sewell will also be available at 920-0732. ~ ,- ];1H 19crc.. l2-e~vttt C(jW-~ MEMORANDUM To: Nick Lelack, Community Development Department From: Lee Cassin, City Environmental Health Director Date: March 21, 2001 Re: Springjam - Aspen Mountain, Aspen Skiing Company Temporary Use Permit Parcel ID #2737-18 ----------------------------------------------- ----------------------------------------------- The City of Aspen Environmental Health Department has reviewed the land use submittal for a Temporary Use Permit for Springjam under authority of the Municipal Code of the City of Aspen, and has the following comments. SEWAGE FACILITIES: For a gathering of 1000 people, the Colorado Group Gathering Regulation requires 11 toilets. According to the Aspen Skiing Company, there are more than this number of toilets that will be available in the Gondola Building during the course of these events. The applicants have also agreed to immediately provide port-a-johns if larger than expected crowds are present and the existing facilities are unable to handle the crowd. Handwashing facilities are 'also available at this location. AIR OUALITY: Sections 11-2.1 "It is the purpose of [the air quality section of the Municipal Code] to achieve the maximum practical degree of air purity possible by requiring the use of all available practical methods and techniques to control, prevent and reduce air pollution throughout the city..." The Land Use Regulations seek to "lessen congestion" and "avoid transportation demands that cannot be met" as well as to "provide clean air by protecting the natural air sheds and reducing pollutants". The major air quality impact is the emissions resulting from the traffic generated by this event. PM-10 (83% of which comes from traffic driving on paved roads) is a significant health concern in Aspen. The municipal code requires developments to achieve the maximum practical degree of air purity by using all available practical methods to reduce pollution. The applicant has agreed to publicize the ability of guests to use skier shuttles and RFTA buses to come to the event. The applicant is relying on this publicity to prevent additional traffic and air pollution from the event. NOISE ABATEMENT: Section 16-1 "The city council finds and declares that noise is a significant source of environmental pollution that represents a present and increasing threat to the public peace and to the health, safety and welfare of the residents of the City of Aspen and it its visitors. .....Accordingly, it is the policy of council to provide standards for permissible noise levels in various areas and manners and at various times and to prohibit noise in excess of those levels. II ~ .-. The applicant has offered to provide a cell phone number, to be widely publicized, that can be used by citizens or staff to contact event organizers in the event of any situation that needs to be remedied quickly, such as a blocked street, difficulties in a nearby lodge, or the need to reduce noise levels. A condition of approval should be that the applicant provide this number to the City. Unlike the Aspen Skiing Company's earlier application for a permanent facility at this location, which would have required a change in the ordinance, the City noise ordinance does allow for variances to noise limits for special events. In deciding whether to grant such variances, the Environmental Health Director is required to "minimize adverse effects on the community or the surrounding neighborhood." In trying to determine how to balance the positive impact of such an event on the community with the concerns and complaints of neighbors, the department used the following as guidance: 1) Until last summer, the City noise ordinance, in effect since 1981, did not allow for any variances to the noise limits for such events, because of a desire to protect citizens' "peace and tranquility" , 2) Last summer, in response to a request to exceed noise limits by the Farmers Market vendors, the City Council directed staff to amend the ordinance to allow for no more than four exceedances at that one location in a year's period, since greater than that number would have too much negative impact on neighbors, and 3) The State of Colorado Group Gathering Law is used as a guideline, not an enforceable standard that supercedes local regulations, and it limits noise from such events to 70 dB at the property line, with no provision for variances (if surrounding properties are occupied). Based on that direction, and especially the Council's comments about ensuring neighborhoods were not exposed to noise from more than four variances, the Environmental Health Department's position was that no more than four variances could be granted by this department without a change in policy and direction from the City Council. However, at the Special Events meeting, we also told the applicants that if they could work out a different compromise acceptable to the neighbors, we would approve a different number of variances. It now appears that an agreement has been reached between the applicant and neighbors allowing live bands on six days, six days of music still exceeding the limits of the law, but at lower levels, and with measures to reduce impacts on neighbors including orienting speakers up the mountain and moving the stage closer to the Tippler. Assuming this information is correct, this department would approve variances to allow this compromise. We commend the applicant and neighbors for working together to develop such an effective and positive solution. FOOD SERVICE F ACIUTIES: The applicant has proposed having all food prepared at the licensed kitchen of the Ajax Tavern. The applicant will have staff taking orders for food at the site, going back to the restaurant to pick up the orders and then delivering the orders to customers. The applicant has proposed that no food will be kept outside onsite nor will trays of food be carried through the crowds, other than what has been ordered. This procedure is approved and meets the requirements of the Rules and Regulations Governing the Sanitation of Food Service .,-" ,-" Establishments in the State of Colorado. If the applicant wishes to change the menu, food service, or preparation procedures, approval is required from this deparhnent beforehand. SOLID WASTE. RECYCLING: The applicant has proposed providing 29 trash and recycling containers, with the number of each to be determined based on experience at the event. We commend the applicant for ensuring that adequate recycling is available and encouraging it in their guests. ^ ,-, MEMORANDUM TO: Mayor and City Council THRU: Amy Margerum, City Manager John Worcester, City Attorney Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director FROM: Nick Lelack, Planner RE: Aspen Skiing Company - Temporary Use for 180 Spring Jam DATE: March 27, 2001 SUMMARY: The Aspen Skiing Company (Applicant) is requesting Temporary Use approval for 180 Spring Jam at the base of Aspen Mountain. The proposal is for a series of apres-ski events on the Silver Queen Gondola Plaza, as well as on mountain events. The first Temporary Use request is for March 3lthrough April 5, with an extension from April 9 through April 15. Events are expected to start at 3:00 pm and end at 6:00 pm each day. The Applicant has received a Special Events permit and noise variances for the events. Specifically, the Applicant is proposing to provide food and beverage service and amplified music. Food service will be provided by the Little Nell. The Little Nell liquor license covers the area proposed for the events. A temporary bar will be set up on the slope next to the Lift lA bottom terminal. The Applicant has received 13 noise variances for amplified music from City Manager Steve Barwick. Six noise variances have been approved for the events, seven of which limit volumes to 100 decibels at the property line. Bands and DJ's will perform from a stage, measuring 20' x 20', and located across the west side of the gondola terminal building in the current ski corral location oriented towards the mountain. A tent will cover to protect the musicians and equipment. On mountain events include Dash for Cash, KickAspen Big Air Invitational contest, ski demos, sumo wrestling and public Nastar races. Restrooms will be provided in the public restrooms at the bottom of the Gondola Plaza stairs. Portable toilets will be provided on the Plaza during the apres ski events if needed. Private security will be hired to assist with the monitoring alcohol sales, crowd control and general security. In addition, Ski Patrol staff will be on-site and . ,-, '-', available to respond to minor medical incidents. The City's Police Department will also have community safety offers walk through the event. Deliveries will be accommodated using the existing Little Nell and Ajax Tavern delivery networks. The Appllcant is also issuing public service announcement to encourage people to take alternative modes of transportation to the event. The property is zoned Conservation with the Little Nell Specially Planned Area (SPA) Overlay Zone District. The SPA Agreement for the Little Nell base development lists "Restaurant and Little Nell apres ski deck" as a permitted use. Staff believes allowing this Temporary Use is appropriate for this location at the base of the mountain. Staff recommends approval of the Temporary Use from March 31 through April 5. Staff further recommends approval of an extension of this use from April 9 through April 15, provided that the Applicant complies with the conditions in this approval, as well as the Special Events Permit and noise variance restrictions. REVIEW CRITERIA: 26.450.030 Criteria Applicable to all Temporary Uses When considering a development application for a temporary use, City Council shall consider, among other pertinent factors, the following criteria as they, or any of them, relate thereto. A. The location, size, design, operating characteristics, and visual impacts of the proposed use. Staff Findin!!: Staff believes the location, operating characteristics, and visual impacts of the proposed 180 Spring Jam are appropriate given that the Applicant and neighbors have agreed on these issues and the Special Events Committee reviewed and approved the events. Staff believes this criterion is met. 1""'--. .""'"'. area in other events such as 24 Hours of Aspen. Staff believes this criterion is met. Noise variances have been granted for 13 days, ,seven of which limit noise volumes to 100 decibels at the property line. Staff believes the adverse impacts of the proposed use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels, and neighborhood character will be minimal based on the Special Events Committee's approval of the events and neighborhood input. Staff believes the positive impacts on the neighborhood character - downtown, lodges, restaurants, shops, etc. - will be substantiaL Staff believes this criterion is met. Staff believes this criterion is met. D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. Staff Finding: The proposed temporary use would be for 13 days. The first temporary use would be from March 31 through April 5 and the extension would be from April 9 through April 15. The events would occur from 3 pm to 6 pm daily. Other events approved for this area include the 24 Hours of Aspen, World Cup, and more. Staff believes this criterion is met. E. The purposes and intent of the zone district in which the temporary use is proposed. Staff Finding: Two zone districts and one overlay zone district exist in the immediate area. The Silver Queen Gondola is zoned Commercial Core, and the area surrounding the Gondola is zoned Conservation. The Little Nell SPA Overlay Zone District also exists on the property. Ski lift and ski facilities is a conditional use within the Conservation Zone District, and the Little Nell SPA Agreement allows "Restaurant and Little Nell apres ski deck" as a permitted use. Staff believes the proposed temporary use is compatible with these zone districts. ~ ~ F. The relation of the temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is proposed. Staff Finding: Staff believes the temporary use will help restore the vibrant atmosphere that once existed at the base of the mountain, and boost the local economy during a slower time of the year in the Commercial Core Zone District. Staff believes this criterion is met. G. How the proposed temporary use will enhance or diminish the general public health, safety, or welfare. Staff Finding: This temporary use is expected to enhance the public health, safety, and general welfare of the community by providing a significant boost to the economy during a slower time of the year, and provide an opportunity for skiers and downtown workers, residents, and visitors to gather for spring time fun. Staff believes this criterion is met. RECOMMENDATION: Staff recommends the Community Development Department approve the Temporary Use Permit for 180 Spring Jam as proposed in the revised application, dated March 23,2001, with conditions. ATTACHMENTS: Exhibit "A" - Application Exhibit "B" - Spring Jam Compromise Proposal Exhibit "c" - Referral Comments ,-..., ,-..., NOTICE OF DECISION The Community Development Director hereby approves the Aspen Skiing Company's (Applicant) Temporary Use Permit for 180 Spring Jam for March 31, 2001 through April 5, 2001, from 3:00 pm to 6:00 pm, with conditions below. 1. The Spring Jam Compromise Proposal and 180 Aspen Spring Jam Event Mitigation plan (Exhibit "B") are carried out exactly as approved by the Special Events Committee and City Manager. 2. The Applicant shall work with residents in the area to resolve problems caused by the Temporary Use immediately. The Community Development Director hereby approves the Aspen Skiing Company's Temporary Use Permit Extension for 180 Spring Jam for April 9, 2001 through April 15, 2001, from 3:00 pm to 6:00 pm, with conditions below. 1. The conditions for the Temporary Use Permit remain in full force and effect. 2. Any and all issues raised during the first Temporary Use period are adequately addressed by the Applicant and approved by the City of Aspen. Failure to adequately address any issue to the complete satisfaction of the City of Aspen shall render the Temporary Use Permit extension null and void. 3~3""-- Of Date '1}:>}:> I)>O~ Co4t~ #4-9 ~'^ l/4t~ J> V '~ (}2, ClJ> ~ - (707 ' r qc. u"'4t '1s,<>~:I'4'-9<c 74,- APPROVED BY: Community Development Director i""". ~,