HomeMy WebLinkAboutresolution.council.026-81 RESOLUTION OF ASPEN CITY COUNCIL
REGARDING THE LITTLE ANNIE SKI AREA PROPOSAL
Resolution No. 81 - 26
WHEREAS, the Little Annie Ski Area proposal is a 4,500
skier capacity ski area accessed by means of a 19,000 foot monocable
gondola from a base terminal station on Ute Avenue within the
City of Aspen, and
WHEREAS, Little Annie, Limited Partnership (hereinafter
referred to as "Little Annie"), proposes additional uses including
corporation offices, ticket sales, employee housing, a two-family
dwelling, parking for employees, transit circulation, pedestrian
circulation, and accessory uses incidental thereto, on four lots
of approximately 7.6 acres under option to lease for 99 years
within the City of Aspen, and
WHEREAS, Little Annie has agreed to proceed under the
Colorado Joint Review Process which was established by the State
of Colorado to coordinate required review procedures under various
governmental jurisdictions, and
WHEREAS, on September 25, 1978, the City Council of the
City of Aspen adopted Resolution No. 17 (Series of 1978) regarding
the Little Annie Ski Area Conceptual Application under the Colorado
Joint Review Process, which resolution stated in part:
"The City of Aspen, Colorado, hereby agrees that there
may be a need for additional ski capacity in the Aspen area
to provide a skiing experience for local residents and that
the Little Annie Ski Area may be an appropriate site for
development.
"Subject to the consent of other agencies involved
and compliance with the preceding steps of the Joint Review
Process, the City of Aspen shall enter into a site specific
agreement to provide additional studies of the Little Annie
Ski Area, including the draft Environmental Impact Statement,
to determine whether final approval shall be given...",
and,
WHEREAS, on April 3, 1979, the Memorandum of Understanding
("Site Specific Agreement") regarding the site specific study of
the Little Annie Ski Area proposal under the Colorado Joint
Review Process was executed by the City of Aspen, Pitkin County,
the State of Colorado, and the United States Forest Service, and
WHEREAS, said Site Specific Agreement established a
program of study to be undertaken in the site specific stage of
review of the Little Annie proposal, outlined those governmental
review procedures which were believed to be applicable, and
identified the need for an independent consultant team under
contract to Pitkin County, the designated lead agent under the
Colorado Joint Review Process, and
WHEREAS, an independent consultant team led by Wallace,
Roberts and Todd ("WRT") entered into a contract with Pitkin
County, designated lead agent under the Colorado Joint Review
Process; WRT has examined documents prepared by Little Annie and
additional areas of concern identified in the Site Specific
Agreement and has filed the following documents dated August,
1980 for consideration: the Site Specific Study and Environmental
Statement Outline and The Need for Additional Ski Facilities
within the Aspen/Snowmass Corridor, and
WHEREAS, the Colorado Division of Wildlife, under
contract with Pitkin County to examine those wildlife considera-
tions identified in the Site Specific Agreement, has submitted
the following document dated June, 1980 for consideration:
Analysis: Fish and Wildlife Resource~ and
WHEREAS, on February 26, 1980, the Aspen Planning and
Zoning Commission adopted Resolution No. 80-03 regarding the
Little Annie Ski Area Conceptual PUD and Subdivision Application,
recommending approval of said Application conditioned upon the
resolution at the Preliminary stage review of certain concerns
detailed in said Resolution No. 80-03, and
WHEREAS, on February 26, 1980 the Aspen Planning and
Zoning Commission adopted Resolution No. 80-04 regarding Little
Annie's request for rezoning base area lands, recommending approval
of rezoning from R-15/PUD to R-6/PUD for the employee housing
sites and R-15/PUD to RR/PUD for the Ski Base Facility site, and
WHEREAS, on April 14, 1980 the City Council of the City
of Aspen by motion granted approval of the Little Annie Ski Area
Conceptual PUD and Subdivision Application conditioned upon
resolution of the following points at the Preliminary review
stage:
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1. Adequate mitigation of transportation and
parking (particularly on the neighborhood).
2. Restriction of employee housing units in accor-
dance with adopted housing price guidelines
and deed restricted against condominiumization.
3. Resolution of the concerns of the City Engineering
Department.
WHEREAS, on April 14, 1980 the City Council of the City
of Aspen adopted Ordinace No. 12, Series of 1980, granting rezoning
of base area lands for the Little Annie Ski Area proposal from
R-15/PUD to R-6/PUD and R-15/PUD to RR/PUD for the Ski Base
Facility site, conditioned on "...the Little Annie Skiing Corpora-
tion commencing, on or before December 31, 1983, the construction
of a ski area with a base lift facility on the site rezoned. In
the event that the Little Annie Skiing Corporation fails to
obtain a building permit or begin construction...the property
described in Exhibits "A" and "B" shall be rezoned to the R-15/PUD
zone district automatically and without a further act by the City
Council of the City of Aspen...", and
WHEREAS, on March 7, 1980, Little Annie did file with
the City of Aspen applications for the Preliminary stage review
consisting of a cover sheet and sheets of drawings numbered 1
through 14 which applications have been amended with the submittal
of sheets 9R through 12R dated January 9,
dated January 12, 1981 and sheets 2R, 13R,
January 22, 1981, and
WHEREAS, on February 24, 1981,
Zoning Commission adopted Resolution No.
1981, sheets 7R and 8R
14R, 15R and 16A dated
the Aspen Planning and
81-2 approving the
Little Annie Preliminary PUD and Subdivision and also approving
the Conditional Use for Ski Facilities on site A-1 zoned RR/PUD
and further in said Resolution No. 81-2 the Aspen Planning and
Zoning Commission did also approve the following:
1. Mountain Viewplane Review approval
was granted to extend two clerestory roofs approxi-
mately five feet and six feet-eight inches into
the Glory Hole Park Viewplane.
2. 8040 Greenline Review approval was granted
to develop parking for 67 cars to the south of Ute
Avenue on Site B within 50 yards of the 8040 foot
elevation.
3. Stream Margin Review approval was granted to
develop those employee housing units (as shown on
the amended Site Plan, Sheet 2R) on Site A2 within
100 feet of the Roaring Fork River.
4. Application of a Residential Bonus Overlay to
Lots A-2 and B (presently zoned R-6/PUD) was
recommended.
WHEREAS, in accordance with the Site Specific Agreement
Little Annie has agreed that the Aspen City Council should consider,
comment, and act on the various Preliminary stage applications
described in Resolution No. 81-2 of the Aspen Planning and Zoning
Commission.
NOW THEREFORE, BE IT RESOLVED by the Aspen City Council
that the following recommendations and actions are taken:
1. TRAIL SYSTEM. Reference is made to Sno-Engineering
Map dated April, 1981 on file with the Planning Office captioned
"Pedestrian Access between Little Annie and the Commercial Core"
incorporated herein by this reference and hereinafter referred to
as the "Trail System". In addition to the Planning and Zoning
requirement that Little Annie bear the costs for the construction
and landscaping of its proposed Trail System, in accordance with
the Map and the dedication and construction of the additional
trails specified in Resolution No. 81-2 of the Aspen Planning and
Zoning Commission; Little Annie shall complete all trail system
improvements prior to commencing operations and shall also have a
continuing responsibility for snow removal
such trails.
2. WEST END STREET DEDICATION.
and maintenance of
City Council hereby
determines that a forty (40) foot right of way for the extension
of West End Street is necessary for public right-of-way purposes
and as part of the Little Annie trail system. Accordingly,
Brewer Incorporated, the developer of the Clarendon Subdivision,
pursuant to its 1976 agreement with the City of Aspen, is hereby
required to dedicate and convey to the City of Aspen those rights-
of-way identified as Parcels 1 and 2 on the Clarendon Subdivision
Final Plat.
3. WATER CONNECTIONS. The Little Annie water supply
shall interconnect the Ute Avenue line to the Calderwood/Waters
Avenue line. Prior to commencing operations, Little Annie shall
pay all costs associated with the interconnect and its water and
fire connections. The Water Department shall approve all locations,
size and placement of such connections.
4. PERMIT PARKING. Little Annie shall be responsible
for all parking impacts directly attributable to Little Annie
operations. In implementing the Planning and Zoning recommendations
for a permit parking system, no permit parking is to be permitted
along Ute Avenue. During normal operating hours, Little Annie
shall provide, at its own expense, two (2) uniform attendants,
one to be stationed at the entrance to Calderwood Subdivision and
the other to be stationed at the intersection of Durant and
Original Streets. Little Annie shall also subsidise the City of
Aspen for the operation of an additional tow truck to enforce the
permit parking system. Further, the parking permit system shall
be coordinated with the daily operating schedule of the gondola.
The City of Aspen, however, expressly reserves the right to
review and change all the requirements imposed in this section.
After the first and second year of operations Little Annie and
the City of Aspen would review parking and traffic impacts in the
neighborhood to determine what further measures, if any, including
but not limited to the construction of a parking facility, off-site
parking lots, etc., would be necessary to assure continued mitigation
of those impacts. In this regard, the City recognizes the need
to discuss and consider any Little Annie parking impacts in the
context of over-all City parking impacts. It is understood that
any solutions thereto may come from all sectors of the community,
both public and private.
5. EVACUATION OF THE GONDOLA. City Council is concerned
that Little Annie develop an adequate plan in the event of evacuation
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of the gondola. Although it will defer to the United States
Forest Service for approval of the evacuation plan, the City of
Aspen desires to make known its concerns that a safe, adequate
and feasible plan be developed before any ski area operations
commence. Such evacuation plans will be specified in the Develop-
ment Agreement described in Paragraph 12 below.
6. SEASON PASS. Effective as of the commencement of
operations and subject to any requirements of the United States
Forest Service, Little Annie shall offer no less than 1200 winter
season passes as follows:
a. Winter Unlimited - Purchase of this pass will
allow the holder unlimited use of the gondola
throughout the designated winter season.
b. Winter Limited - Purchase of this pass will
allow the holder unlimited use of the gondola
throughout the designated winter season. The
holder will, however, be required to pay a
surcharge for use during the period of 9:00
a.m. until 11:00 a.m.
Little Annie has committed to price the various passes
as follows:
at
be
Winter Unlimited - Purchase price (prior to
October 1) will be not more than 20 times the
winter daily rate; purchase price (prior to
November 1) will be not more than 25 times
the winter daily rate; purchase price (after
November 1) will be not more than 30 times
the winter daily rate.
Winter Limited - Purchase price (prior to
October 1) will be not more than 15 times the
winter daily rate; purchase price (prior to
November 1) will be not more than 20 times
the winter daily rate; purchase price (after
November 1) will be not more than 25 times
the winter daily rate.
7. TRANSPORTATION. The Little Annie transportation
system will provide shuttle service from Rubey Park to the Little
Annie base area and a collector loop in the lodge area, all in
accordance with plans submitted to the Transportation Department
as amended by Resolution No. 81-2 of the Aspen Planning and
Zoning Commission which are incorporated herein by this reference.
The proposed Little Annie transportation system shall be integrated
with the City of Aspen system and any parking facility which may
be constructed in the future. Little Annie shall pay all costs
for acquisition of rolling stock and shall also pay all operating
expenses attributed to Little Annie. The implementation of the
Little Annie transportation system shall be subject to the require-
ments of Resolution No. 81-2 of Aspen Planning and Zoning Commission
including the following:
"Transportation impact on neighborhoods in the Ute
Avenue area and the community as a whole is the primary
concern of the Planning and Zoning Commission.
As a means of addressing the fact that the issue
of an acceptable transportation system remains unresolved at
this time, the Planning and Zoning Commission recommends
that the City Task Force be formed to hold public meetings
and give further consideration to the transportation problem.
Representation on the Task Force should include representa-
tives from the P&Z, City Council, The Clean Air Advisory
Board and Little Annie. Advisory staff should include a
representative from the City Transportation Department, City
Engineering Department and City Planning Office.
The Planning and Zoning Commission has identified a
number of criteria by which Little Annie's transportation
system should be judged. They are, in order of priority:
Se
Minimization of loading time (Ease of
access and egress)
be
Ability to reduce the number of trips and
vehicles in operation.
Attractiveness of the system,
minimization of noise, odor,
pollution
including
air and visual
d. Energy efficiency.
ee
Flexibility (ability to be integrated into
the City System)
fe
Minimization of necessary improvements
to Ute Avenue.
In its consideration of this matter, the City P&Z has
reviewed numerous alternative transportation modes, including
electric trolleys. The City P&Z is not committed to any
choice of transit mode or operator or operating entity. On
the contrary; the P&Z is strongly opposed to a decision on
mode choice pending an examination of state of the art
equipment available at the time the selection of the transit
mode must be made.
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Implementation of the proposed loop and shuttle system
from the then designated transportation area shall be at
Little Annie's expense.
Use of Blue Bird buses at levels of noise and visual
pollution being experienced in the current system is unaccept-
able. Consideration of pollution impacts in the base area
must take into account total emissions, including employee
car trips, taxis and courtesy and delivery vehicles as well
as transit vehicles.
It is not clear whether the present Rio Grande parking
area would be able to accommodate the additional cars generated
by the Little Annie proposal. The Planning and Zoning
Commission recommends, therefore, that if Little Annie's
proposal receives final approval, that the City make every
effort to complete construction of the parking structure
recommended by City/County transportation consultants prior
to the opening of the ski area. It is recommended that the
permit parking system proposed by Little Annie be implemented
at the applicant's expense with the opening of the ski area,
along with adequate signage and towing. It is recommended
that the permit system initially be implemented within a
designated area from the base terminal facility. P&Z recommends
that, at a minimum, this designated area include all adjacent
neighborhood areas."
8. ENGINEERING. Prior to commencement of operations,
Little Annie shall widen and reconstruct Ute Avenue and Original
Street to Durant Avenue to required City standards in accordance
with plans to be approved by the Engineering Department. Little
Annie shall be responsible for and shall pay five-sixths (5/6) of
said street improvement costs.
9. ENVIRONMENTAL HEALTH CONCERNS. Aspen City Council
has additional concerns regarding air quality, water quality and
quantity, solid waste management and noise control which matters
will be subject to permits to be issued by the Colorado Health
Department, other agencies of the State of Colorado or the Aspen/Pitkin
Environmental Health Office. Little Annie shall be responsible
for compliance with all state and local environmental health
standards.
10. NO APPROVAL OF SECOND PHASE EXPANSION. Little
Annie is given approval of an underground gondola storage area
adequate to accommodate both first phase construction and possible
second phase expansion of the ski area. As a condition to such
approval, Little Annie shall waive any claim to a reliance argument
for possible second phase expansion and any second phase expansion
shall be subject to prior City of Aspen approval.
11. EMPLOYEE HOUSING. The following mix of employee
housing in the base area is approved (as shown on the amended
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Preliminary PUD, Subdibision and Residential Bonus Overlay appli-
cation, sheets 2R, 13R, 14R, 15A and 16A, with the exception that
Building B-2 has been converted to a dormitory building):
a. Three dormitory buildings of nine bedrooms
each, housing two employees per bedroom,
b. Twenty-four one-bedroom apartments,
c. Eight two-bedroom apartments,
d. One caretaker one-bedroom apartment.
Such housing shall be deed restricted as rental housing
and be rented under City of Aspen housing price guidelines for
low-income housing. The employee housing shall be set into the
hillside on Site A-2; existing vegetation shall be left intact to
the greatest extent possible.
12. CITY COUNCIL ACTION. City Council commends the
Aspen Planning and Zoning Commission for its diligent review of
the Little Annie proposal and hereby accepts Aspen Planning and
Zoning Commission Resolution No. 81-2 subject to the changes and
additions set forth above. The Aspen City Council hereby approves
all the Little Annie applications at this Preliminary stage
review; conditioned however, upon performance by Little Annie of
the conditions and recommendations set forth in this Resolution
and in Aspen Planning and Zoning Resolution No. 81-2. In the
event of any conflict between this Resolution and Aspen Planning
and Zoning Resolution No. 81-2 this Resolution shall control.
Aspen City Council recognizes that Little Annie intends to rely
on this Resolution as the action of City Council approving all
the Little Annie applications at this Preliminary stage and as
more fully described in Aspen Planning and Zoning Resolution No.
81-2. Such action shall also be considered the official comment
of Aspen City Council at this step in the Colorado Joint Review
Process. Under applicable provisions of the City Code, Little
Annie is required to submit a Final PUD and Subdivision Plan
("Final Plans") within six (6) months from the date of the Aspen
Planning and Zoning Resolution No. 81-2. As a condition to
approval of these Final Plans, Little Annie shall enter into a
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comprehensive and detailed Development Agreement with the City of
Aspen which shall include adequate assurances and legally enforceable
remedies so that Little Annie will perform and thereafter continue
to comply with the recommendations set forth in this Resolution
and Aspen Planning and Zoning Resolution No. 81-2. In the event
that Little Annie and the City of Aspen are unable to agree on
the terms of the Development Agreement, especially with respect
to the requirement that Little Annie provide adequate assurances
to secure full compliance with the conditions hereof, any approvals
provided herein shall terminate at the option of the City of
Aspen. City Council assures Little Annie that with respect to
the Development Agreement it shall negotiate in good faith; the
provisions of such Development Agreement shall be in substantial
compliance with and include only such obligations or conditions
which are reasonably anticipated from the approvals described in
this Resolution. As a further assurance, Little Annie has filed
with the City of Aspen a Memorandum of Intent to comply herewith,
a copy of which is annexed hereto and made a part hereof. The
commencement of any development pursuant to this Resolution shall
be deemed acceptance by Little Annie of all the conditions set
forth herein, and Little Annie and its successors and assigns
shall not engage in any development except in strict compliance
with all of the aforesaid conditions. Further, neither this
Resolution nor any approval contained herein shall be construed
as any right or entitlement to any additional real estate develop-
ment not expressly permitted herein.
13. NON-COMPLIANCE PUBLIC HEARING. In the event that
City Council determines that probable cause exists that Little
Annie is not acting in substantial compliance herewith or the
terms of the Development Agreement, the City Council may issue
and serve upon Little Annie a written order specifying the alleged
non-compliance and requiring Little Annie to cease and desist
from such non-compliance within such reasonable time as the City
Council may determine. Within seven (7) days after the receipt
of such order, Little Annie may file with the City Council either
a notice advising the City Council that Little Annie is actually
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in compliance or a written petition requesting a hearing to
determine any one or both of the following matters:
(i) Whether the alleged non-compliance exists or
did exist, or
(ii) Whether a variance or extension of time should
be granted with respect to any such non-compliance
which is determined to exist.
Upon the receipt of such a petition, the City Council
shall promptly schedule a public hearing at a reasonable time to
consider the matters set forth in the cease and desist order and
in the petition. The hearing shall be convened and conducted
pursuant to the procedures normally established by the City
Council for other public hearings. If the City Council determines
by a preponderance of the evidence that a non-compliance exists
which has not been remedied, it may issue such orders as may be
appropriate; provided, however, no order terminating approval
shall be entered without a finding by the City Council that
substantial evidence warrants such action and affording Little
Annie a reasonable time to remedy such non-compliance. A final
determination of non-compliance which has not been remedied or
for which no variance has been granted shall at the option of the
City Council and upon written notice to Little Annie, terminate
this approval and Little Annie shall be required to discontinue
its operations hereunder within such reasonable time thereafter
as the City Council may determine. On or before June 1, 1982,
and annually each year thereafter as deemed necessary, the City
Council may conduct a public hearing and solicit public comment
for the purpose of reviewing Little Annie's compliance with the
conditions of this approval.
14. EFFECTIVE DATE. This Resolution and the approvals
contained herein shall take effect immediately upon passage of
the following pending Ordinances:
Ordinance No.
Ordinance No.
Ordinance No.
81-13 - Rezoning for RBO
81-18 - Parking Requirements
81-19 Ski Area Dormitories in R-6
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APPROVED by the Aspen City Council at its regular
meeting on the 27th day of April, 1981.
CITY OF ASPEN, COLORADO
I, Kathryn S. Koch, City Clerk of the City of Aspen,
Colorado, do hereby certify that the foregoing Resolution was
executed on this /~F~-~day of ~~ , 1981.
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MEMORANDUM OF INTENT
This Memorandum of Intent dated this ~7 day of
, 1981, is given by LITTLE ANNIE, LIMITED
PARTNERSHIP ("Little Annie") for the benefit of the City of Aspen
in furtherance of that certain Resolution of Aspen City Counsel
Regarding the Little Annie Ski Area Proposal (Resolution 81-26).
With respect to said Resolution this Memorandum shall evidence
the intent of Little Annie to comply with all the terms, conditions
and provisions thereof, including but not limited to the Development
Agreement to be entered into at the time of the approval of the
Final Plan. In particular, Little Annie assures the City of
Aspen that with respect to the Development Agreement, it shall
negotiate in good faith.
LIT~E~ED PARTNERSHIP
David Fame, General P~tner