HomeMy WebLinkAboutcoa.lu.ca.Aspen Ski Co.A035-99A035-99R
Aspen Skiing Company Land Use Code
Amendments
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PARCEL ID: n/a DATE RCVM417199 1 CASE A035-99R
CASE NAMEI Aspen Skiing Company Land Use Code Amendments P
PROD ADDR: n/a CASE TYP: Code Amendment ST
OWN/APP: Aspen Skiing Co. ADR P.O. Box 1248 C/S/Z: Aspen, CO 81612 PHN:
REP: Glenn Horn ADR: 215 S. Monarch, Suite C/S/Z: Aspen, CO 81611 PHN 925-6587
FEES DUE: FEES RCVD STAT: f—
REFERRALS1COUNTY REFERRAL
REF:l BYF— DUE:
MTG DATE REV BODY PH NOTICED
DATE OF FINAL ACTION:
REMARKS
CITY COUNCIL:
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CLOSED: i ���/!�r BY: —I °�( DRAC•
PLAT SUBMITD: PLAT (BK,PG): ADMIN: 42 cw&%K' `
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ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920-5090 FAX (970) 920-5439
TO: City Planning
FROM: Lance Clarke, Community Development Department
RE: Aspen Skiing Company Land Use Code Amendments
P 18-99
DATE: April 6, 1999
Attached for your review and comments is an application submitted by Aspen Skiing Company.
The Pitkin County Planning & Zoning Commission will review this application.
Please return your comments to me no later than April 27, 1999.
Thank you.
0 0
Davis Horn -
PLANNING & REAL ESTATE CONSULTING
February 16, 1999
Lance Clarke AICP
Aspen Pitkin Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: AF-SKI Land Use Code Amendments
Dear Lance:
Attached to this letter are the proposed AF-SKI Land Use Code
amendments. The primary purpose of the proposed Code amendments is
to correct inconsistencies in the Land Use Code. For example
Section 3-40-100 B. identifies "affordable housing including, but
not limited to single-family, duplex and multi family housing" as
the only "allowed use" in the AF-SKI zone district, while Section
3-40-100 prohibits "duplex dwelling units, employee dwelling units
and single family dwelling units." The amendment proposes
resolving this problem by entirely deleting the existing listing of
Allowed Uses, Special Review Uses and Prohibited uses from the AF-
SKI zone. Likewise, the AF-SKI zone would be deleted from the Use
Table, Section 3-50.60. The AF-SKI Zone was never included in
Section 3-50.50, Area and Bulk Requirements.
The Code amendment proposes that uses and dimensional requirements
in the AF-SKI zone district be established in the Master Plan. The
General Guide to uses and AF-SKI standards are to be used to
establish the listing of uses and the dimensional requirements.
The following is a list of attachments included with this letter.
1. New Code Section 3-40-100;
2. New Code Section 3-230;
3. New Code Section 5-140;
ALICE DAVIS, AICP i GLENN HORN, AICP
215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925-6587 • FAX: 970/925-5180
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Lance Clarke AICP
February 16, 1999
Page 2
4. Letter from Bill Kane Authorizing Glenn Horn to submit
AF-SKI Code amendments; and
5. Fee Agreement.
Please contact me if I can answer any questions.
Thank you.
Sincerely,
DAVIS HORN INCORPORATED
GJLu�-
HORN AICP
AF-SKI
r 0 ATrAcHMENT 1
3-40-100 AF-SKI Agricultural/Forestry/Ski
A. Intent: The AF-SKI, Agricultural/Forestry Ski district
is intended to provide locations for ski areas and the orderly
and efficient planning and review of ski areas. The AF-SKI
designation should be applied to lands which are used for
downhill and cross-country skiing and a variety of other uses
permitted or approved by a Federal or similar public agency, such
as grazing, hunting, and passive recreational uses. Development
activity on such lands shall be contingent upon the adoption of a
master plan. The AF-SKI designation should be applied only to ski
areas which are consistent with the Land Use Code policy for
Development or Expansion of Ski Areas (Refer to Section 2-50).
3:. AferdableHeusing, ineiading—b T iced- te,
single family, duplem, and multi family heusing.
I Aeeessery Buiidings and Uses
3. Alpine Ski
an
d Areas d i}
ut"... j"..."..
4 Amusement Entertainment Estab-lis-rzn.�
SS Garetaker Dwelling Units
is
: . r'chcz'=rc ies
8 crab-Heuses er Ryeereanon,, Buildings Used in
eexneetien with and aeeessery }^ permit�"a
eutdeer reereatienal use
. C-emyrer ial Autemeb a Parking Le
19. C-emme e i
!I. Gefftmereial Fireweed Spliting, Sterage and Sales
4:2. Gemmereial Kennels and Veterinary
Glinies
13. Gefamereial Riding Stables
4:4 . Eeii mu
1
•
•
lip RPM
25. Process; l Gffiees
27. Restaurants and andBars
28. Satellite -r -
99. Sewage Bispesal: Areas,,' Land f- i 1: 1 s,'Water- Plants
91. Uses, Aetivities and Faeilities Permitted by
Speeial Use—Perfait issued
32. Water r v..- s s; g .-..7 Diversi
V.,rd,.
9. Junk
1$. ed-real—�Dental
!I. ,. Mee i , e u..mes
3:2. Metels, lietels I=eElejes
4:3Multi-Fa,. , : „i e
C-linies
, n
say
�T:
A -s
Retire ent �a
3:4 Nursing, �0=aleseem,RCst,
nd
Retaining
0
u
9 9-square feet ef `�-r
businesses lifaitedte-z
area .-,,-r b__,,a_ ,-.�
3:6 . Ld-....,. f - eturn..d u..,....
1 :�. Re -sea rem-Fae i t-rues
1 o n h F- i, i
�77--�� `��st���-� res��
19. Rese•,-} Gabins
29. Single Family Dwelling
71R1i ffi .-.1.-.ri ramg !Fr_ e
.
22 . Uses net Listed
27PC1Ti'e"L'GQ1T2'flZ'C-La�
,
i -.,
-
indeers
Gther
Sales
,
Units
Fees
Fees
_ _ _ _ -
B. Listing of Uses: The outcome of the master plan review
process will be a detailed listing of uses and activities which
are allowed all year or during the traditional ski season, uses
and activities requiring further review prior to their
implementation, and others which are prohibited. Section 3-230
of the Code establishes the applicability of the AF-SKI Master
Plan, general standards and standards for listing of uses. The
applicant and the Board shall utilize the general standards and
standards for listing of uses in addition to the general guide to
listing of uses (see Section 3-40-100. D. below) to establish the
AF-SKI Master Plan listing of uses.
C. Dimensional Requirements: The dimensional
requirements permitted in the Agricultural/Forestry/Ski (AF-SKI)
Zone District are established by the Master Plan.
GT D. General Guide to Listing of Uses in AF-SKI Master
Plan: The euteeme ef the master will be a
detailedlisting eF uses a aetivities hh are ,, wed all
year -ems-- during the tradit-ienal ski seasen, uses and aetivities
e 1 1 ,
6}cr�'re S� ieh are prehibited. As a-Ejuide to the intent f the AF-
SKI zene this seetien eentains a- fisting of uses der -the T—r F SKI
zene. This section contains a listing of uses for the AF-SKI
zone which is intended to be used as a representative guide for
AF-SKI master plans. The final approved listing of uses will be
established in the Master Plan land use review process based upon
site specific considerations.
1. Uses Allowed All Year
The uses which are anticipated to be allowed all year
fi+a--y _19e _dei are typically associated with year round
recreational use of the ski area and may include:
a. Outdoor recreational uses and facilities set
in natural environmental conditions,
including but not limited to, ski racing and
organized group events, playgrounds and
outdoor environmental education areas,
clubhouses or recreation buildings (when used
in conjunction with outdoor recreational
uses);
b. Communication transmission sites;
C. Ski lifts - construction of new lifts;
d. Water lines, compressed air lines, and other
such utilities required for the operation of
man-made snow -making machinery;
e. Vehicle and equipment maintenance and storage
shops;
f. Hunting, fishing and grazing; a-nd
g. Affordable Hhousing for the employees of the
ski area and its support services.-;
h. Hiking and biking;
i. Day care schools and children's nurseries;
J. Restaurants including indoor and outdoor
eating and drinking establishments;
k. Offices;
1. Places for retailing of goods and;
M. Parking.
2. Uses Allowed during the Traditional Ski Season
The uses anticipated to be allowed during the
traditional winter ski season may include the following
uses provided such uses are in direct support of and of
a scope necessary for the ski area operation:
a. Day care schools and children's nurseries;
b. Ski schools;
C. Restaurants including indoor and outdoor
eating and drinking establishments;
d. Offices;
e. Places for the retailing of goods;
f. Automobile parking lots and garages;
g. Personal service outlets including ski repair
shops;
h. Public restrooms;
i. Ski lifts -operation of existing lifts;
j. Ski trails;
k. Accessory buildings including, but not
limited to, ski patrol stations, warming
5
3-40-100
huts, indoor recreational facilities
(including video games, table games and movie
houses containing less than twenty-five [25]
seats;
1. Ticket sales areas; a7nd
M. Accessory uses to ski area operations not
otherwise specifically identified; and
n. Parking.
2. Uses Requiring Further Review
a. Site -specific snow -making proposals;
b. High -explosive storage caches;
C. overnight -__ ___ntry alpine, nordic,
hiking or biking accommodations including
huts and dormitories;
d. Uses not otherwise listed as allowed or
prohibited; and
e. Uses proposing development or the conduct of
Activities of Local and State Interest.
3. Prohibited Uses:
a. Retail, office, restaurant or other
commercial activities which are not operating
directly in support of the operation of the
ski area recreational area;
b. All dwelling or lodging uses (other than
eress v•try alpine, nordic, hiking or
biking huts and empieyee heusing affordable
housing); and
C. All other activities not directly in support
of and compatible with the operation of the
ski area recreational area. Seasonal
approvals or prohibitions and specific time
constraints of certain uses may be
appropriate (Ord. 95-6 SS 10 (part), 1995;
prior code SS 3-410).
A
• 9ATMOMENT �
Section 3-230
AF-SKI MASTER PLANS AND MAJOR AMENDMENTS (Ord. 95-3 (part), 1995:
PC 3-22)
Subsections:
3-230-010 Applicability
3-230-020 General Standards
3-230-030 Standards for Listing of Uses
3-230-040 Standards for Mineral Exploration, Mining or Uses and
Activities not Under the
Control of Ski Area Operator
3-230-010 Applicability.
An approved master plan is required for any development in the
AF-SKI zone to occur. The master plan shall comprehensively
address all existing facilities and all proposed future development
within land zoned AF-SKI. Major amendments to a master plan shall
be reviewed for compliance with these standards pursuant to Section
4-60.70. Refer to Section 4.60.70 for review procedures and Section
5-140 for submission contents. Minor amendments to AF-SKI master
plans may be permitted subject to compliance with the standards in
Section 3-200.80. (Ord. 95-3 (part), 1995: prior code § 3-2201)
3-230-020 General Standards
AF-SKI master plans shall comply with the standards in this
section.
A. The master plan shall be prepared in the standardized
format as shown in Appendim-A Section 5-140. The Community
Development Director may approve modifications to the standardized
format provided that the Plan includes the content identified in
Section 5-140.020.
B. The time frame of the master plan shall be no less than
five (5) years, nor more than ten (10) years.
C. Activities that have substantial impact on County or City
capital facilities, such as increases in the daily ski area
capacity, shall be identified.
D. If there is any substantial variance between a proposed
activity and actual construction thereof, the proposed activity
will be subject to further review pursuant to the special review
procedures in Section 4-60 of the Code.
E. Unless the Growth Management Quota System, by its terms,
is inapplicable to the proposed development, or unless a growth
management exemption is obtained at the master plan review stage,
a growth management allotment is required for any development to
1
occur. Lift replacements which do not increase ski area capacity
and the demolition and replacement of existing structures are
upgrades which typically qualify for Growth I+Managment Quota System
exemptions.
F. Area and bulk requirements in the AF-SKI zone district
shall be as set forth in the master plan.
G. The height e€—prineip l uses --and
emeeed twenty-eight (28) fee}, unless -the master plan sha
---..--u_s. .--i—--- . %---. -- — %k'---,, — — ——- r---- - - - - - - - - --.
3-230-030 Standards for Listing of Uses
The outcome of the master plan review process shall be a
detailed listing of activities and uses which are allowed all year,
activities and uses which are allowed during the traditional winter
ski season, activities and uses which are allowed by further
review, and activities and uses which are prohibited. This section
establishes standards for the listing of uses.
A. Activities and Uses which are Allowed All Year: Those
uses and/or activities which are typically associated with the
year-round recreational use of the mountain and have little or no
environmental and service related impacts.
B. Activities and Uses which are Allowed During the
Traditional Winter Ski Season: Those uses and/or activities which
provide basic support services for skiers and ski area operations
and have little or no environmental and service -related impacts.
C. Activities and Uses which are Allowed By Further
Review: Those uses and/or activities which support the operation of
the ski area and have significant environmental and service -related
impacts which can be mitigated, including uses and/or activities
which are found by the United States Forest Service to increase the
overall capacity of the recreation area. The further review
category shall also include uses and/or activities for which an
applicant cannot supply or has not supplied sufficient detail, at
the master plan stage to enable the County to approve
D. Activities and Uses which are Prohibited: Those uses
and/or activities that are not directly in support of the operation
of the s4E-i recreational area and/or those which have significant
unmitigatable service or environmental impacts and which have been
specifically prohibited at the master plan review stage. (Ord. 95-3
(part), 1995: prior, code § 3-2203)
3-230-040 Standards for Mineral Exploration, Mining or Uses and
Activities not Under the Control of Ski Area Operator
E
• •
A. Mineral Exploration and mining shall be subject only to
the procedures of Section 4-60.40, submission contents of Section
5-130 and standards of Section 3-250.
B. If the right to the use of property located within the
boundaries of the AF-SKI zone district comes under the control of
a person other than the proponent of a master plan required under
this section, and where such person is unsuccessful after
reasonable efforts in securing approval with the master plan review
process, such person may apply for review and approval of such
proposed development as if the property were located in the AFR-10
zone district, and in accordance with the procedures, submission
contents and standards applicable thereto. (Ord. 95-3 (part), 1995:
prior code § 3-22).
3-230
3
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0 AGENT 3
5-140 AF-SKI MASTER PLAN AND MAJOR AMENDMENTS, DEVELOPMENT IN TILE
PUBLIC ZONE AND PUB (PUBLIC) MASTER PLANS AND MAJOR AMENDMENTS
(Prior code § 5-14)
5-140.10 General
A land development application for an AF-SKI Master Plan, PUB
(Public) Master Plan or major amendments to approved plans shall
include the minimum submission contents for all land development
applications listed below. AF-SKI Master Plans and PUB (Public)
Master Plans or major amendments shall contain a written report
explaining how an application complies with the applicable review
standards in Sections 3-230 and 3-240 in addition to the submission
contents identified in this section of the Code. Refer to Section
4-60 for the applicable review procedures.
A. General: All development applications shall include, at
a minimum, the information and materials specified in this section
of the Code. During the pre -application conference, the Planning
Office staff may authorize modifications to the required submission
contents.
B. Applicant's Background Information: A letter signed by
the applicant containing the applicant's name, address and
telephone number, or if applicable, the name, address and telephone
number of the representative authorized to act on behalf of the
applicant.
C. Parcel Description: The street address, and current legal
description of the parcel on which the development is proposed to
occur and a 8;" x 11" vicinity map locating the subject property
within Pitkin County.
D. Disclosure and Proof of Ownership: A disclosure of
ownership of the parcel on which the development is proposed to
occur, consisting of a current certificate from a title insurance
company or attorney licensed to practice law in the State of
Colorado, listing the names of all owners of the property and all
mortgages, judgments, liens, easements, contracts and agreements
affecting use and development of the parcel and proof of the
owner's right to use the land for the purposes identified in the
development application. This shall normally require proof of
complete ownership or written consent from all owners. The staff
may also request the applicant to supply a title history for the
subject property and contiguous property demonstrating the chain of
rifle.
E. Legal Access: -Sufficient information to demonstrate that
the applicant has adequate legal access to the parcel for the
development proposal.
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F. Standards Report: A written report demonstrating that the
proposed development complies with the applicable substantive
review standards.
G. Pre -Application Conference Summary Sheet: A copy of the
pre -application conference summary sheet provided to the applicant
at the pre -application conference.
H. Site Utilization Maps: Twenty-four 24" x 36" and two 8-
1/2" x 11" site utilization maps specified by the staff during the
pre -application conference. During the pre -application conference,
the Planning Office may authorize an applicant to consolidate or
delete specific maps which may not be applicable to a particular
development proposal. The 24" x 36" site utilization maps must be
folded to fit within a legal sized folder with the name of the
application visible. Rolled site plans will not be accepted.
I. Copies of Application: Twenty-four (24) application
copies. (Prior code § 5-1401)
5-140.020 Master Plan Format and Content
An AF-SKI Master Plan shall be prepared using the format in this
section. The Community Devleopment Director may approve
modifications to the format provided that T-the content of the
Master Plan must include the items described in this section
mewever--, aAdditional information may be included at the
applicant's discretion or may be required by Pitkin County.
A. Table of Contents
B. Vicinity map and reduced base map. Vicinity map will
show relationship of area to other ski areas in Pitkin County
Area. Indicate skiers -at -one-time (SAOT) for the other ski areas.
C. Master Plan Narrative
1. Description of the proposed development in summary
form, by phases.
a. General
1) Description of existing and proposed
facilities
a) Public service and maintenance
buildings
b) Employee housing
c) Trails
d) Lifts
e) Parking areas
f) Lifts and terminal structures
oil
g) Areas covered by snowmaking
2) Circulation conflicts identified
3) Architectural theme established
5) Grading and drainage needs determined
6) Establish Total Potential Capacity SAOT
a. Base area capacity
b. Lifts capacity
C. Ski terrain capacity
d. Major support facilities capacity
7) Support Facilities
a. Utility lines and locations
b. Construction access roads
2. History of development or feasibility studies
conducted to date. Include use statistics and chronology of
development.
3. Statement of goals and objectives
4. A summary of key issues and concerns relative to
the winter sports site and its future growth
a. Area description and analysis.
1) Total acreage involved and use
restrictions.
2) Slope analysis, net skiable terrain by
skier skill elass ability level.
3) Relationship between private land,
National Forest land, and other Federal
and State lands.
4) Reports on utilities, water supply and
power.
5) Soil studies.
6) Visual management plan.
7) Effects of project on transportation
systems, bedroom facilities and adjacent
communities.
8) Vegetation types.
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5-140
9) Identification of potential avalanche
paths.
10) Other existing uses.
11) Constraints on development, water
quality, cultural resources, threatened
and endangered wildlife species, etc.
12) Identification of area and bulk
requirements for proposed structures and
buildings.
b. Graphics Section
1) Scale should not be less than one inch
equals five hundred feet (1"=500') with
twenty foot (201) contours.
2) The Base Map shall include locations
for:
* Lifts
* Runs
* Roads
* Buildings
* Utility Lines
* Other existing development
3) Development phasing (Prior code § 5-
1402)
4
9 J/t\. 0
As PEN SKI I N G COMPANY
February 9, 1999
Lance Clarke
Community Development Department
Pitkin County
130 S. Galena Street
Aspen, CO 81611
Dear Lance,
ATTACHi M Li
This letter authorizes Glenn Horn to submit the attached proposed AF-SKI code
amendments on behalf of Aspen Skiing Company.
Please contact Glenn directly if you have any questions pertaining to the AF-SKI
code amendments.
Sincerely,
William G. Kane
Vice President, Planning and Development
Encl.
Post Office Box 1248 • Aspen. CO 81612-1248
Telephone 970, 9 25.1220
�rr�arr .�
1 0 ASPEN/PITZd1v 0
COMMUNITY DEVELOPMENT DEPARTMENT
PITKIN COUNTY (hereinafter COUNTY) and a-,�,,�
(hereinafter APPLICA
NT) AGREE AS FOLLOWS:
1- APPLICANT has submitted to COUNTY
� r- �J� rr�.�►TTan�application for
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Pitkin County Resolution
No. 96-52 establishes a fee structure for Planning applications and the payment of
all processing fees is a condition precedent to a determination of application
completeness. PP
3. - APPLICANT and COUNTY 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
COUNTY further agree that it is in the interest of the parties to all APPLICANN7
make payment of an initial deposit and to thereafter permit additional costs to be
billed to APPLICANT on a monthly basis. APPLICANT
will be
benefited by retaining greater cash liquidity and will make additional s he payments
upon notification by the COUNTY when they are necessary as costs are incurred.
COUNTY agrees it will be benefited through the greater certainty of recoverin its
full costs to process APPLICANT's application. g
4. 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.
5. Therefore, APPLICANT agrees that in consideration of the
CO(JNTY'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 which is for hours of Planning staff time, and if actual recorded costs
exc....d the initial deposit, APPLICANT shall pay additional monthly billings to
COUNTY to reimburse the COUNTY for the processing of the application
mentioned above, including post approval review. 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
Cindy Houben
Community Development Director
Print Na OiP5
Signature
Date: % «2
Mailing Address:
As%-w/6c) s161Z