TO: Pitkin County Planning and Zoning Commission

FROM: Ellen Sassano, Senior Long Range Planner Cindy Houben, Community Development Director

RE: Maroon Creek Caucus Master Plan – Worksession

DATE: April 17, 2018

Purpose of Meeting: • State statute gives the Pitkin County Planning & Zoning Commission (P&Z) final authority to review and adopt Land Use Master Plans. The purpose of this public hearing is to review the 2018 Maroon Creek Caucus Master Plan for adoption. • The Planning Commission may adopt the Plan with or without modifications recommended by Staff, and/or with the addition of modifications made by Commissioners at the meeting. As an alternative, Commissioners may choose not to adopt the Plan until such time as specified deficiencies are corrected. This might be the case if the Plan is found to be inconsistent with overarching County land use policies as defined in the Land Use Code, and broader community goals and benefits as may be defined by the Pitkin County Board of County Commissioners. • As this is a public hearing, there will be an opportunity for public comment regarding the Plan.

Staff Recommendation: Staff recommends adoption of the 2018 Maroon Creek Caucus Master Plan, subject to modifications iterated in the attached Plan draft (Attachment A.) Recommended edits are shown as an under-score for additions or comments, and as a strike-out for deletions. In the event that either the Planning Commission, Caucus or Staff believe more time is necessary for further review or consideration of recommended changes to the Plan prior to adoption, the Planning Commission may choose to continue the public hearing to the next regularly scheduled Long Range Planning Commission meeting on May 15, 2018.

Specifics Regarding County Master Plan Preparation, Adoption Process and How and By Whom Plans are Used Information regarding Master Plan preparation, adoption process, and how and by whom Plans are used, is included as an Addendum to this memorandum for reference.

Background: The Planning Commission reviewed the Maroon Creek Caucus Plan in an informal Worksession on February 20, 2018, at which time public comment was taken, and discussion ensued regarding the Plan. Meeting notes are attached to this memorandum as Attachment C, for reference.

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Since the Worksession: Since the worksession, the Maroon Creek Caucus Executive Board has met several times with the Aspen Skiing Company and City of Aspen representatives to discuss issues raised by both entities. The following paragraphs provide a brief summary of changes made to the Plan, in response to comments received from the Skico and the City of Aspen. Other public comments made at the meeting have not resulted in substantive changes to the Plan but will be addressed by Staff at the meeting.

• Aspen Skiing Company (Skico) Comments: Skico has submitted, and the Caucus has accepted several changes to wording in the Caucus Plan. However, as indicated by the most recent comments submitted by the Aspen Skiing Company (Skico) to the Maroon Creek Caucus, (see Attachment D,) Skico supports the principals in the Plan but still does not support the Plan as a whole, due to it’s restrictive approach to commercial uses and associated implications for the Highlands Ski Area. In their comments, Skico requests that the County-approved Highlands Ski Area Master Plan take priority in the event of a conflict between it and the Caucus Master Plan. No specific change has been made to the Caucus Plan to reflect this request. The Caucus Master Plan is an Advisory document, and will be consulted as such in review of any changes to the Highlands Master Plan going forward. As a practical matter, Staff believes that consistency with the local Caucus Plan is appropriate, and also believes that revisions that have been made to the Caucus Plan since the worksession, acknowledge the fact that Highlands is an existing commercial recreational use that is somewhat limited in it’s ability to function as anything other than that. The County Attorney will be present at the meeting to address Skico’s concern regarding the “undermining” of State Statutes regarding the Planning Commission’s authority to make and adopt Master Plans. • City of Aspen Comments: The City of Aspen’s participation in Caucus meetings has not resulted in significant Caucus modifications to the Plan, though a few have been made. One of the City’s primary concerns relates to recommendations in the Plan regarding the City’s existing Hydro-Electric Plant on Maroon Creek. The City is concerned that Plan recommendations may curtail their ability to provide water to City residents. County Staff has made recommendations for Plan modifications to address points raised by the City. (See Aspen’s comments, Attachment E.)

At the meeting, Staff will use a power point presentation to highlight all of the substantive Staff-recommended modifications to the Master Plan, and to review other actions taken in response to P&Z direction at the worksession.

Details Regarding Review of Plan

The Planning Commission is requested to review the Draft Plan in its entirety prior to the meeting, and to come prepared to respond to Staff’s recommendations for modifications, identify issues needing resolution, and/or any Plan elements that haven’t been adequately addressed.

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The plan is attached electronically for those who prefer to review it in that format. Hard copies will be available at the Planning Office to pick-up as an option. Please call Bonnie Shiles prior to pick-up to allow for time to make copies, if a hard copy is your preference.

Recommendation: 1. Staff recommends that the Planning Commission take action to adopt the 2018 Maroon Creek Caucus Master Plan as modified by Staff, with the addition of any further modifications as may be made by the Planning Commission at the public hearing(s). 2. If the Planning Commission believes that further discussion/review is warranted prior to adoption, Staff recommends that the public hearing be continued to May 15, 2018.

Attachments: A Maroon Creek Caucus Master Plan B Map of the Maroon Creek Caucus Area C February 20, 2018 Worksession Meeting Notes D Aspen Skiing Company Comments E City of Aspen Referral Comments E1 City of Aspen Councilman Bert Myrin’s Comments F White River National Forest Service Comments G Pitkin County Open Space & Trails Comments H Healthy River & Streams Board Comments I Wendy Larsen’s Comments J Addendum Regarding Master Plan Preparation, Process, How and By Whom Plans are Used K Resolution Adopting 2018 Maroon Creek Caucus Plan

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Attachment A

MAROON CREEK CAUCUS

MASTER PLAN

2018 Draft 4.12.18

Prepared by the Maroon Creek Caucus With Assistance from the Pitkin County Community Development Department

TABLE OF CONTENTS

INTRODUCTION

THE ROLE OF THE MAROON CREEK CAUCUS MASTER PLAN (AND PLANNING PROCESS)

OBJECTIVES, POLICY AND IMPLEMENTATION

Section 1. ENVIRONMENT

1.1 Water Resources/Aquatic Habitat/Wetlands

1.2 Scenic Quality

1.3 Air Quality

1.4 Renewable Energy and Climate Stewardship

1.5 Climate Change and Preparedness

Section 2. LAND USE

2.1 Public Lands

2.2 Residential Development

2.3 Commercial/Civic/Institutional Uses and Special Events

2.4 Mineral/Extractive Development

Section 3. TRANSPORTATION, INFRASTRUCTURE AND ESSENTIAL COMMUNITY FACILITIES

3.1 Roads/Bike Paths

3.2 Utilities: Water, Electric, Natural Gas, Waste Management, Internet, Etc.

APPENDIX

A. Future Land Use Map [to be added by planning staff] B. Implementation Plan, Including Code Amendments [will be added after adoption] C. 2003 Maroon/Castle Creek Master Plan D. T-Lazy-7 Ranch Wildfire Plan E. Pitkin County Weed Management Plan F. Maroon Creek Caucus Boundary Map

Maroon Creek Master Plan 2 INTRODUCTION

The Maroon Creek Caucus (“Caucus”) area is the entry to the Maroon Bells/Snowmass Wilderness Area and is comprised of lands designated as Pitkin County’s Rural Area, past Aspen Highlands Village and toward the T-Lazy-7 Ranch (“Caucus Area”). This Master Plan is the culmination of years of effort by Caucus members and Pitkin County (“County”) to update the 2003 Maroon/Castle Creek Master Plan to include current issues particular to the Caucus Area and also address new concerns (such as climate change and marijuana grow facilities). Since the 2003 Maroon/Castle Creek Master Plan was adopted, the Caucus Area has experienced an increase in use and also development pressures that threaten the environmental, scenic, and rural quality of an area enjoyed by many.

Notable additions to the 2003 Maroon/Castle Creek Master Plan include:

• A modified Caucus area to include only lands located within the Pitkin County Rural Area, located along Maroon Creek Road; • A new section addressing water issues, a critical, shared natural resource, including recommended designation of upper Maroon Creek as “Wild and Scenic”; • An expanded commitment to the natural environment, scenic quality and existing topography, including recommendations regarding enhanced scenic review in this critical scenic corridor, a 5,750 square foot limitation for new homes, and limited commercial expansion; and • A recommendation and call for increased inter-governmental coordination, particularly through the use of intergovernmental agreements to preserve the critical natural resources, scenic quality and rural character of the Caucus Area.

Maroon Creek Master Plan 3 THE ROLE OF THE MAROON CREEK CAUCUS MASTER PLAN (AND PLANNING PROCESS)

In 1998, the Pitkin County voters adopted Article IV, Caucuses, as part of the Pitkin County Home Rule Charter, stating in the preamble that:

“the word [caucus] connotes representative democracy at the most local level where policies are formulated and recommended by the people whom they most affect … these policies provide elected and appointed county officials with recommendations to enact just laws and policies.”

(Pitkin County Home Rule Charter, section 4.0, emphasis added.)

Caucuses are recognized, by law, as recommending bodies with two primary responsibilities:

4.6 Function

A caucus, upon recognition by the Board, shall have a recommendatory function for all matters directly affecting the caucus area and shall permit its members to report minority views, as well as majority views, and a division of votes with any such recommendation. Further, a caucus shall have a recommendatory function for all planning matters affecting the caucus area, as well as other County matters affecting the caucus area including, but not limited to, budgetary and work program matters.

4.11 Master Plans

The County Commissioners and the Planning and Zoning Commission will encourage the development of Caucus Master Plans. The County Commissioners shall specify the criteria for the Caucus Master Plan development procedures and local caucus approval. Caucus Master Plans which satisfy such criteria shall be recognized by the Planning and Zoning Commission, and County Commissioners. The Caucus Master Plan shall be considered as one of the primary advisory documents in the development of county laws, rules, and regulations which affect caucus areas.

(Pitkin County Home Rule Charter, sections 4.6 and 4.11, emphasis added.)

The Colorado State Legislature also adopted mandatory comprehensive planning requirements (C.R.S. 30-28-106(4)), which requires Pitkin County to master plan the entire County. Individual caucuses, such as the Maroon Creek Caucus, adopt plans pursuant to the Pitkin County Charter, which are then forwarded to the Planning & Zoning Commission for final adoption under the land use code.

The Maroon Creek Caucus was recognized, through Resolution 037-2015, after a broad informational campaign, which involved notification of all qualified electors and non-resident

Maroon Creek Master Plan 4 real property owners in the proposed Caucus Area of the time, place, and date of a meeting to vote on the formation of a Maroon Creek Caucus (Reso. 037-2015, para. 3.a.). The Caucus boundaries include the Rural Area properties beyond Aspen Highlands Village and up toward the Maroon Bells/Snowmass Wilderness area, including the Maroon Creek side of Aspen Highlands Ski Area (See Appendix F, Caucus Boundary Map).

Between the May 14, 2015, recognition of the Maroon Creek Caucus and the unanimous adoption of the Maroon Creek Master Plan by the full Caucus on December 11, 2017, and re- adoption (with minor clarifications) on April 5, 2018, the Caucus has conducted over twenty meetings in connection with planning matters and its master plan update. Vast outreach and updates to Caucus members have occurred via email, mailed notice, and advertisements, including advertisements placed by Pitkin County. Early in the master plan update process, the Caucus also sought comments and participation from the City of Aspen, the United States Forest Service, Roaring Fork Transport Authority, Pitkin County Open Space and Trails, Pitkin County Health Rivers and Streams, Aspen Skiing Company, Aspen Cycling Club, and Wilderness Workshop. Referral comments were received after Caucus adoption of the plan, which have been incorporated to the extent the comments are consistent with Pitkin County values and goals.

Maroon Creek Master Plan 5 OBJECTIVES, POLICY AND IMPLEMENTATION

SECTION 1. ENVIRONMENT

1.1 WATER RESOURCES AND AQUATIC/RIPARIAN/WETLAND AREAS

Objective: Preserve the Maroon Creek drainage in its natural state with adequate minimum stream flows in order to protect associated aquatic/riparian/wetland areas, allowing existing water uses by Caucus landowners, legal operators, and residents to continue, while at the same time, seeking permanent protection from industrial water projects and users outside of the watershed when uses are inconsistent with this Master Plan.

Background:1

The headwaters of Maroon Creek begin at the Maroon Peaks (14,014 feet and 14,156 feet, respectively). Maroon Creek flows northward toward Aspen and drains into the Roaring Fork River on the northwest edge of town. While Maroon Creek is the main drainage in the area, several smaller creeks, including East and West Maroon Creeks and Willow Creek drain into Maroon Creek. Several diversions exist in the Caucus Area, including the Willow Creek Ditch and Herrick Ditch, the City of Aspen’s hydroelectric plant, and other ponds or diversions on private property. All of the property in the Caucus Area obtains potable water from wells and springs, including a community water system at Maroon Creek Ranch. The drainage supports high quality wetlands and riparian habitat that are an integral piece of the recreational amenities provided in the Maroon Creek area.

In addition to serving as a valuable ecological and recreational asset, Maroon Creek and its tributaries provide water to Caucus Area landowners and residents. Many Caucus Area landowners possess valuable water rights from these water sources. While Pitkin County has some downstream interests, the most significant downstream user is the City of Aspen, which obtains most of its water for its water utility from Castle Creek, and to a lesser extent, Maroon Creek. As a user of City of Aspen water in connection with its operations, Aspen Skiing Company is also a downstream user at Aspen Highlands, just outside the Caucus Area.

In November 1971, the City of Aspen received conditional water storage rights for Maroon Creek for “industrial, irrigation, domestic, municipal and other beneficial uses, both consumptive and non-consumptive.” The reservoirs are granted the right to fill “and to keep said reservoir reasonably well filled. Provided, however, that the storage of water in said reservoir in any one year in an amount in excess of 4,567 acre-feet shall be on the condition

1 Sources: 2003 Maroon/Castle Master Plan, public documents, and Aspen Journalism Timeline for Castle and Maroon Creek Dams, http://aspenjournalism.org/2016/10/30/timeline-for-the- castle-creek-reservoir-and-the-maroon-creek-reservoir/.

Maroon Creek Master Plan 6 that such excess storage is not to interfere with prior vested rights.” As currently decreed, the Maroon Creek Reservoir would be formed by a 155-foot-tall dam that would back up water over 85 acres of United States Forest Service (USFS or “Forest Service”) land about two miles below Maroon Lake and would flood a portion of the Maroon Bells-Snowmass Wilderness.

In January 1976, the Colorado Water Conservation Board (CWCB) established minimum instream flows in Maroon Creek of approximately 14 cubic feet per second (c.f.s.), which is meant to “protect the environment to a reasonable degree.” The CWCB minimum stream flow right is junior to the City of Aspen’s conditional dam right, meaning that if Aspen builds its Maroon Bells dam, it may legally decrease minimum instream flows. In 1990, the City of Aspen entered into an intergovernmental agreement where it agreed to administer CWCB’s instream flow rights on Castle Creek and bypass some of its senior rights, except in “times of extraordinary drought or emergency conditions in its municipal water supply.” There is no similar intergovernmental agreement for Maroon Creek.

In November 2008, the Healthy Rivers and Streams Fund Program was authorized by Pitkin County voters, which allows a .1% increase in sales tax and up to $12 million in debt to accomplish the following objectives:

• Maintaining and improving water quality and quantity within the roaring fork watershed; • Purchasing, adjudicating changes of, leasing, using, banking, selling, and protecting water rights for the benefit of the roaring fork watershed; • Working to secure, create, and augment minimum stream flows in conjunction with non-profits, grant agencies, and appropriate state and federal agencies to ensure ecological health, recreational opportunities, and wildlife and riparian habitat; • Promoting water conservation; and • Improving and constructing capital facilities that contribute to the objectives listed above.

The Healthy Rivers and Streams board has adopted an impoundment policy pursuant to its voter-authorized objectives, which the Maroon Creek Caucus acknowledges (https://co- pitkincounty2.civicplus.com/DocumentCenter/View/11210).

The Roaring Fork Watershed Plan also identifies Maroon Creek monitoring as a highest priority.

In October 2016, the City of Aspen passed a resolution directing staff to pursue diligence for its dam rights on Maroon Creek, stating: “the City is obligated and intends to provide a legal and reliable water supply and to that end can and will develop all necessary water rights, including but not limited to, Maroon Creek Reservoir and Castle Creek Reservoir.” The Maroon Creek Caucus Executive Committee had previously stated its opposition to the City of Aspen’s dams in August of 2016. In December 2016, numerous entities and organizations filed opposition statements, including Pitkin County, the Forest Service, and two Caucus landowners. The case is still pending.

Maroon Creek Master Plan 7

Studies conducted by the City of Aspen in 2017 assert some potential water shortages along Maroon Creek within the next fifty years, along with significant increases in demand to serve additional projected urban growth within their jurisdiction. As a home rule municipality, the City of Aspen possesses the power of condemnation.

Policy and Implementation:

1.1.1 Support the preservation, protection, and improvement of the ecological and recreational resource of Maroon Creek, Maroon Lake, its tributaries, and other lakes and ponds in the watershed along with associated aquatic/riparian/wetland areas.

a. Support the Pitkin County policy to preserve and protect its present water resources. Furthermore, wetlands and riparian ecosystems, which are important to maintaining the overall balance of ecological systems and important plant communities, wildlife habitat and movement corridors, should be conserved, protected and restored. b. Require the design of land uses to preserve and protect present water resources and to avoid significant adverse effects on the quantity, quality, or dependability of water resources in Pitkin County. To that end, land uses should protect against significant increased salinization of water, loss of minimum instream flows, and the need for future major public expenditures to reacquire or redistribute water resources.[1]Rather than speak to public expenditures, which are unlikely to be influenced by the County if they are City expenditures, Staff recommends that this statement be redirected to recommend that the County work proactively with the City of Aspen to ensure that any public re-acquisition or redistribution of water resources in Maroon Creek result in a net benefit to the quantity, quality and/or dependability of the Maroon Creek water resource. If the reference in the current text is to Major County expenditures, then simply revise to say, “future major County public expenditures.” c. In addition to surface water protection, land use and development review should consider implications for aquifer depletion, subsurface water quality and impacts to domestic water wells. d. To protect water resources and/or riparian habitat, development in areas adjacent to water bodies, functional irrigation ditches, and natural watercourse areas should maintain adequate setbacks. e. New development should not disturb the integrity of existing and natural drainage patterns. Land use and development activities that subject areas to increased potential for damage by flood, erosion or sedimentation, or increase the potential for water pollution should be prohibited. The Caucus recognizes that improvements and changes to the Aspen Highlands ski area may have such effects and may be considered if adequately mitigated and approved through the existing USFS and Pitkin County review processes upon demonstration of compliance with all applicable regulations.

Maroon Creek Master Plan 8 f. Development should not contribute to the erosion of soil and rock. Natural vegetative cover should be maintained, and areas disturbed by land use or development activities should be revegetated. The foregoing does not imply that new ski trails may not be cut on Aspen Highlands, subject to compliance with all applicable regulations. g. Preservation and utilization of water rights for agricultural production and irrigation within the Caucus Area is vital. h. Efficient use of water by irrigators, homeowners, agricultural users, and other water users to conserve water along with the adoption of appropriate efficiency measures and programs to protect healthy flows in Caucus Area creeks is encouraged. Also encourage the installation of and use of efficient irrigation systems for both homeowners and agricultural users. i. Establish and enforce regulations against the spread of harmful chemicals on agricultural properties and in road maintenance, pest management, and weed management. j. Encourage livestock owners to use fencing and other best management practices in order to minimize land disturbance near streams, wetlands, and riparian areas. k. Establish a system for analyzing the adequacy of a proposed water supply for all purposes associated with a development proposal, including all domestic or other associated uses, such as accessory dwelling units, landscaping, and firefighting. l. Establish an incentives program for the application of best technologies for water efficient fixtures in buildings, and encourage the retrofitting of existing homes with water efficient fixtures as opportunities arise. m. Develop Source Water Protection Plans with assistance from the Colorado Dept. of Public Health and Environment, and implement applicable best management strategies to protect the quality and quantity of ground aquifers. The Caucus supports efforts to increase awareness of domestic water source protection issues. n. Prohibit new water impoundments and diversions above T-Lazy-7 Ranch, such as ponds. o. Prohibit industrial-scale water projects and extra-jurisdictional water company projects within the Caucus Area (See Pitkin County Ordinance No. 003-2018, regulating industrial water projects). Existing snowmaking efforts are not regarded by the Caucus as an industrial-scale water project; however, future expansions may fall within the purview of Ord. No. 003-2018.

1.1.2 Preserve water quality and the citizens’ rights to minimum stream flow of 14 c.f.s., while still allowing existing water uses by Caucus landowners, legal operators, and residents.

a. Monitor water quality and quantity throughout the Maroon Creek watershed in order to maintain stream flows and protect groundwater.

Maroon Creek Master Plan 9 b. Pitkin County should monitor and administer minimum instream flow, via the Board of County Commissioners and Healthy Rivers and Streams Board, supporting that required by CWCB. c. Pitkin County should facilitate an intergovernmental agreement similar to the one for Castle Creek, whereby the City of Aspen would agree not to diminish minimum instream flows. d. Support changes in Colorado water law to prioritize water conservation. e. Support Pitkin County policy that significant trans-mountain and trans-basin diversions and the vested rights of senior appropriators have materially curtailed the availability of water resources. f. Oppose new trans-basin and out-of-watershed diversions from Maroon Creek and its tributaries (e.g., to Aspen or Aurora). g. Support the transfer of water to the Colorado Water Conservation Board or others for the benefit of aquatic wildlife. h. Support the purchase of water rights holders and donations of those rights to the CWCB for the benefit of aquatic and riparian ecosystems.

1.1.3 Permanently protect the Maroon Creek drainage from industrial water projects and users outside the watershed.

a. Promote regional watershed planning and collaboration which is fundamental to maintaining vibrant, healthy rivers and outstanding water quality in the Colorado River Basin, along with intergovernmental agreements and litigation if necessary[2]As drafted, this statement promotes litigation. Staff recommends deletion of the reference to litigation as it detracts from the overall direction for regional planning and collaboration. b. Pitkin County and the City of Aspen should enter into an intergovernmental agreement regarding annexation and condemnation in order to protect the Caucus Area and the Maroon Creek drainage[3]. As the City of Aspen is unlikely to enter into an IGA regarding their authority to condemn, Staff recommends the following addition to the statement: “ As an alternative, the County should request that the City of Aspen update their Annexation (Policy) Plan.” c. Wild and Scenic designation should be pursued above T-Lazy-7 Ranch. d. United Nations Educational, Scientific and Cultural Organization (UNESCO) designation should be considered if it is determined this will protect the Maroon Bells and the upper Maroon Creek valley.

Prior Plan: 2003 Maroon/Castle Creek Master Plan, pp. 13-14.

1.2 SCENIC QUALITY

Maroon Creek Master Plan 10

Objective: Preserve, for generations to come, the natural beauty and unspoiled scenic character of the landscape within the Caucus Area, particularly the spectacular views of the mountains and ridgelines and natural topography, with scattered, small-scale rural development subordinate to the natural surroundings.

Background:

The natural environment and scenic character are the greatest assets of the Maroon Creek Caucus Area and are among the reasons many people choose to visit and make this area their home. Therefore, it is the goal of this Master Plan to preserve the natural beauty and unspoiled scenic character of the landscape within the Caucus Area, particularly the spectacular views of the mountains and ridgelines across open meadow foregrounds, but also the more intimate views of the many streams with their riparian corridors, historic agricultural buildings and uses, and other historic structures. It is also important to preserve the dramatic views of the night skies. The predominant visual character of the area should remain one where the rural, open space-feel dominates, with pockets of development remaining subordinate to the natural surroundings.

T-Lazy-7 Ranch was the original grantor of the easement for access to the public lands above the ranch, along Maroon Creek Road, and its development is consistent with ranch-style development proximate to its historic access.

Policy and Implementation:

1.2.1 Designate Maroon Creek Road as a critical scenic area, requiring more rigorous scenic review as the entry to the Maroon Bells/Snowmass Wilderness area and White River National Forest.

1.2.2 Develop more stringent scenic review standards where all development is reviewed for visibility from Maroon Creek Road and public trails, including any transformation of the natural landscape and development infrastructure (e.g., retaining walls, extensive reshaping of natural topography for residential development activity envelopes, berms, elevated driveways, swimming pools, etc.).

a. Differentiate between residential, commercial, and commercial recreational (e.g., ski area infrastructure such as lift-towers, etc.) in the development of new, more stringent, scenic review standards. b. T-Lazy-7 Ranch, which is comprised of the T-Lazy Seven Ranch Corp and Willow Creek Forty properties, is recognized as a grandfathered ranch development appropriate for particular scenic standards specific to its uses and historic proximity to the County road, which standards could be developed through a zoning overlay for the property. c. Develop specific use appropriate standards applicable to ski area development and infrastructure for scenic review, with the following guidance: The gondola sought in the 1990s between Aspen Highlands and Buttermilk across the Rural Area that now

Maroon Creek Master Plan 11 comprises the Caucus Area is inconsistent with scenic goals of the Caucus Area as a critical scenic area and entry to the Maroon Bells/Snowmass Wilderness area.[4]Staff recommends that the Caucus add a similar paragraph to this section regarding development of scenic review standards applicable to any use, infrastructure, facilities, etc. in the Public zone to address specific concerns relating to the visual aspect of the City’s hydro plant, or any other use that may occur within that zone. d. Except as described herein regarding site-specific scenic review criteria for T-Lazy-7 Ranch and Aspen Highlands Ski Area, require siting of development so it is not visible from public roadways and trails. Or, if that is not possible, minimize the size of development that may be built (also considering optional outdoor decking/pools/patios as part of the development). e. Strengthen scenic review requirements to require natural screening without significant grade changes to natural topography. f. Require all development approvals, including Board of Adjustment variances, to comply with Pitkin County’s scenic review standards.

1.2.3 Require all utility extensions associated with new development or redevelopment within the Caucus Area be installed underground, including any facilities required in association with existing lines.

1.2.4 Work with the Maroon Creek Caucus to study provisions, to be incorporated into the Pitkin County Land Use Code, for limiting fencing that adversely affects the rural character of the Caucus Area.

1.2.5 Preserve and enhance views of the night skies by reducing the amount of exterior lighting through zoning regulations, policies, and education.

a. Support Pitkin County policies addressing the issue of exterior lighting and light pollution including the following:

“The right to see the night sky without the interference of unnecessary artificial light from growth, urbanization and highway development.”

b. Establish the strongest possible lighting regulations in order to enhance and preserve the sanctity of night skies, recognizing that certain commercial buildings may require outside lighting for guest safety.

1.3 AIR QUALITY

Objective: Maintain, and to the extent possible, improve the current air quality within the Caucus Area to ensure protection of the fragile ecosystem and recreational enjoyment of the area. Strict protection of air quality is an absolute priority against which any development

Maroon Creek Master Plan 12 activity and every development application shall be measured. Excellent air is of critical important to the Maroon Creek Caucus community.

Background:

The Maroon Bells/Snowmass Wilderness area is designated a Class I air quality region in the White River National Forest requiring the highest level of protection. Maroon Bells is considered a smoke-sensitive area and has previously been designated as a non-attainment area for particulate matter (PM-10).

In 1994, the Forest Service, Roaring Fork Transit Agency, and Pitkin County entered into a “Master Memorandum of Understanding” (MOU). This MOU clearly recognizes that “visitorship [sic] to the Maroon Valley had increased to a point where resource damage, traffic congestion, and accident potential were not acceptable” (See MOU, 94-25). That same MOU stated an Annual Operating Plan, which closed the road from June 17 until September 25 of each year, between the hours of 8:30 a.m. to 5:00 p.m. A later 1997 Operating Plan, stated that the road would be closed beginning on June 20 of each year.

As the Roaring Fork Transportation Authority (RFTA) states:

“THE MAROON BELLS GUIDED Bus Tours started in 1977 after it was recognized that the beautiful road-side wildflowers were dying and that the overhanging Aspen trees were being choked to death. It was then that the problems of automobile air pollution, inconsiderate drivers, and very fragile high-altitude mountain terrain had to be addressed. The Roaring Fork Transportation Authority worked with the National Forest Service to prevent the complete closure of the road to the Maroon Bells. To this end, a bus service was initiated during the peak hours and months. The road was closed to private cars from 7:30am to 5pm with the exception of handicap vehicles and those with 12 passengers or more. Since the buses have been in use the trees and flowers have substantially recovered from the damage the heavy car traffic had created and the valley is therefore still available for recreational use.”

https://www.rfta.com/wp-content/uploads/2017/05/maroonbells_summer2017.pdf

Policy and Implementation:

1.3.1 Ensure that current regulations governing air pollution at the local, state, and federal levels are enforced.

a. Continue efforts to control air pollution through enforcement of current policies and regulations, including the Air Pollution Control and Solid Fuel Burning Devices and Restaurant Grill provisions of the Pitkin County Code. b. Work with the Caucus on continued monitoring of air quality within the Caucus Area.

Maroon Creek Master Plan 13 c. Strengthen regulations, policies, and procedures to better address the impacts of construction on air quality.

1.3.2 Vehicular traffic to the Maroon Bells compromises air quality, particularly trips to the Forest Service station above T-Lazy-7 Ranch when the road is not open to traffic. While there is an inter-governmental effort underway to reduce personal vehicle trips and decrease greenhouse gas emissions to address this issue, the Caucus supports immediate action.

a. Improved public education and communication from the public and private sector is an immediate action that would assist locals and tourists in complying with seasonal road closures and access restrictions. Notification of times and dates the road is closed for bus service only and winter closures, including updates when the Highlands and U.S.F.S. parking lots areis full. b. Tiered pricing and coordinated bus/shuttle service from the Brush Creek Intercept LotBRT Station/Park-n-Ride (free or nominal cost), Buttermilk BRT Station/Park-n- Ride (minimal cost), and Aspen Highlands (high cost) to reduce vehicular traffic through the Maroon Creek Roundabout and upper Maroon Creek Road should be pursued immediately. c. Coordinate with the Caucus on potential solutions to vehicles travelling further than necessary before being turned-around due to road closure. Another One possible mitigation effort, which would require inter-governmental cooperation, might include stopping traffic during restricted hours set by Pitkin County and the Forest Service by a person or gate north ofbefore Aspen Highlands. This concept would eliminate the currentperiodic traffic that continues past south of the Aspen Highlands up to the Forest Service station on county roads, only to be turned around. During restricted access periods, two lanes of traffic could be created: (1) one for residents and T- Lazy-7 Ranch customers; and (2) the other for cars to turn around (preferably through Aspen Highlands) so that cars do not drive up to the Forest Service station. An[5]Staff recommends deleting this sentence, as the ARC parking lot is not designed to accommodate this activity, particularly when at-capacity. electronic sign at the Aspen Recreation Center may be a better location to stop traffic and have it turn around through the public parking lot. d. Support exploring alternative traffic mitigation efforts that may be developed in the future, with the goal of reducing traffic through the Maroon Creek Roundabout as a priority consideration. e. Encourage shared mobility through the use of alternative energybuses and private vehicles with low or no-carbon fuels. Only allow low-emission, alternative energy buses to access the Maroon Bells, with service extending through October 15th of each year. f. Encourage and possibly incentivize the use of existing park-and-ride and other existing transit services and facilities. To encourage use of public transit, tThe Caucus and Aspen Skiing Company should explore the possibility of year-round parking permits at appropriate pricing for Caucus residents to encourage use of public

Maroon Creek Master Plan 14 transitduring periods when/if Highlands parking is under-utilized. Alternatively, a dial-a-ride or hourly bus service or vanpool could be extended to T-Lazy-7 Ranch. g. Incentivize alternative energy systems, designed to operate in a manner consistent with the intent of preserving the air and scenic qualities of the area.

1.3.3 Prohibit disturbances and agricultural practices that expose soils to the wind for extended periods of time.

1.3.4 Prohibit asphalt and concrete production, gravel mining, and new trucking operations in the Maroon Creek Caucus Area to preserve air quality.

a. Subject to permitting requirements and compliance with Pitkin County standards and conditions, the Caucus supports continuation of the existing snow trucking and storage at T-Lazy-7 Ranch without expansion of the operation.

Prior Plan: 2003 Maroon/Castle Creek Master Plan, p. 15.

1.4 RENEWABLE ENERGY AND CLIMATE STEWARDSHIP

Objective: Sustainable energy, particularly renewable energy sources within the Caucus Area, should be encouraged for existing development and required for all future projects. On-site renewable energy is best-suited to our small Caucus Area and entrance to the Maroon Bells, whereas large-scale projects to serve the region and the City of Aspen and/or municipal/utility providers are not appropriate for our rural environment. All renewable energy projects, whether on-site or within the Caucus Area, should still seek to preserve natural stream flows, existing ecologies, and scenic qualities of the area.

Background:

Climate change in our region, along with the negative impacts of fossil fuel energy sources and hydroelectricity/dams, makes it important for the Caucus to pursue sustainable renewable energy sources. Paramount should be on-site solutions that do not negatively impact the environment and/or scenic qualities of the Caucus Area. Reasonable compromises that are necessary or appropriate to enable such sustainable renewable energy efforts, particularly on-site efforts, should be considered.

Policy and Implementation:

1.4.1 Advanced energy efficient building designs, passive solar designs, and reasonable energy conservation retrofits are the first priorities for reducing the use of purchased energy, cutting energy costs and pollution, and minimizing the size and cost of solar systems.

Maroon Creek Master Plan 15 1.4.2 The Caucus encourages home designs that use solar, ground source heat pumps, and other renewables that minimize fossil fuel energy consumption and CO2 emissions. Special attention should be paid to minimizing energy use for second homes/non-primary residences while unoccupied.

1.4.3 Update studies regarding the impacts of large homes over 3,000 square feet as part of an effort to establish a set of controls and performance standards for reducing the impacts of large homes in rural residential areas.

a. This study should include analysis of local conditions as well as the results of research done elsewhere in the country. b. Issues to examine in the study include, but should not be limited to, traffic generation and road impacts, material and resource consumption, visual impacts, job creation and other economic forces, water use and wastewater treatment, and energy consumption.

1.4.4 Encourage development of community renewable energy sources within the Caucus Area on appropriate sites and individual use of renewable energy for primarily private use, including net-metering.

a. Ridgeline renewable sources, such as windmills and solar panels, should not be allowed. b. Micro-hydro projects, primarily for on-site use, like the existing T-Lazy-7 Ranch micro-hydro, located in-stream or with no new diversion points, should be considered, assuming little to no impact on stream health.[6]Staff recommends the addition of a paragraph/section with similar language to specifically address the existing City of Aspen Hydro plant, with an emphasis on no new diversion points and limiting/minimizing impacts to Stream health. As a practical matter, the hydro plant is not likely to go away, and it makes sense to recommend standards for it’s use. c. The glare produced by light reflecting from solar panels should not create unreasonable impacts of intensity and duration for neighbors. If glare creates unreasonable off-site impacts, then vegetative screening, panel repositioning, or other effective means of mitigating glare may be required.Amend the Land Use Code as necessary to address solar panel glare of unreasonable duration and intensity on neighboring properties, requiring effective means of mitigation as needed. Also require that view-plane obstructions (to neighbors,) and issues related to height, width and bulk be minimized to the extent feasible. d. View-plane obstructions and issues related to height, width, and bulk should be minimized when installing solar panels, in consideration of neighbors. e.d. Off-site electricity options are available from Holy Cross Energy and third –party solar electric companiesClean Energy Collective. Holy Cross Energy, and the Community Office for Resource Efficiency (CORE) and Clean Energy Economy for the Region (CLEER), have offer residential and commercial energy efficiency programs, rebates, and financing.

Maroon Creek Master Plan 16

1.4.5 Encourage and support development of renewable on-site energy sources within the Caucus Area for operations on appropriate sites at Aspen Highlands by Aspen Skiing Company for its own use, including potential solar or other renewable sources, subject to view-plane and other development parameters, as determined by Pitkin County.

1.4.6 Encourage and support development of renewable on-site energy sources within the Caucus Area for operations on appropriate sites on Caucus member’s properties for their own use, including potential solar or other renewable sources, subject to view- plane and other development parameters, as determined by Pitkin County.

1.4.7 Support and promote resource efficiency in existing and new structures to support community resiliency, economic vibrancy, and environmental protection.

1.4.8 Support and exceed the Pitkin County goal of reducing energy from non-renewable sources by 20% across Pitkin County by 2020.

a. Calculate energy usage of the Caucus Area by sector, and provide annual updates to show progress. b. Allow property tax rebates for conversion to renewable energy sources.

1.4.9 Encourage the development and usefunding and implementation of alternative energy vehicles. All buses to the Maroon Bells should be powered by renewable sources, i.e. electric buses, if and when possible, and old-stocknoisier and less- efficient diesel buses should not be used, if at all possible, to transport people passengers from Aspen Highlands to a Wilderness Area. Tiered parking in the summer at Aspen Highlands, Buttermilk BRT Station/Park-n-Ride and the Brush Creek Intercept LotBRT Staion/Park-n-Ride might be used to further encourage use of the RFTA regional and local bus systems and, thereby, reduce noise and greenhouse gas emissions resulting from fossil fuel usage.emissions.

1.4.10 Enter into an intergovernmental agreement with the City of Aspen and appropriate utility providers to ensure that all renewable energy projects permitted within the Caucus Area provide service to Caucus residents and are permitted through Pitkin County’s land use process.

Prior Plan: 2003 Maroon/Castle Creek Master Plan, pp. 8 and 23 (which does not directly discuss renewable energy but does include scenic quality and alternative energy vehicles).

Maroon Creek Master Plan 17 1.5 CLIMATE CHANGE AND PREPAREDNESS

Objective: Actively address the threats presented by climate change in order to protect the environment, the wildlife, and the inhabitants of the Caucus Area. Inaction, with respect to climate change, is potentially catastrophic for the natural environment and current and future generations in communities. The Maroon Creek Caucus endeavors to address energy consumption at the local level as well as resiliency relating to local land use and natural resource management.

Background:

Pitkin County’s climate is already changing, and additional changes are anticipated throughout the 21st century and beyond. These local climate shifts will take place within the context of regional and global changes, all of which may result in conditions unprecedented in human history. The impacts of climate change are likely to affect residents, ecosystems, and environmental amenities.

For Pitkin County, climate change will likely include longer summertime warm periods, earlier onset of spring snowmelt, more precipitation arriving as rain rather than snow, and longer dry periods with heavier precipitation events in between. These types of changes could exacerbate already risky wildfire conditions, place extra pressure on watersheds, and negatively affect important ecosystems.

Policy and Implementation:

The Caucus supports coordinated and collaborative efforts between local, state, and federal agencies to design and implement strategies to address the following issues.

1.5.1 Wildfire: Work with Pitkin County to develop and use forest management strategies to address the potential for wildfire, particularly at the wild land/urban interface, and to respond to a wildfire event.

a. Promote land use and forest management strategies to mitigate increased wildfire potential. b. Enable landowners to create defensible spaces by helping secure fire mitigation funding. c. Encourage wildfire resistant building and landscaping by providing tax incentives and reducing building and/or other permit fees. d. Promote land use and forest management strategies to mitigate increased wildfire potential. e. Additionally, the Caucus will endeavor to educate its membership regarding wildfire issues, including outreach to the public (See T-Lazy-7 Ranch’s wildfire information, Appendix D).

Maroon Creek Master Plan 18 1.5.2 Flood: Assist in developing and using natural resource management strategies to address flood hazard and to respond to a flood event, including prohibiting all new development in areas prone to flooding.

1.5.3 Water Supply: Actively promote protection of all water sources in the Caucus Area through conservation, irrigation that supports subsurface aquifers and natural springs, and policies that ensure stream protection, including the Roaring Fork Watershed Plan.

1.5.4 Ground Water: The Caucus supports water protection and enhancement projects that align with the Roaring Fork Watershed Plan.

a. The Caucus supports a county-wide water conservation plan that includes the Caucus Area in order to protect the area from unreasonable depletion of underground water supplies, particularly[7] for non-essential municipal use and urban expansion by the City of Aspen. Such Plan should be a collaborative effort that includes the City of Aspen, to ensure that water conservation is integral to municipal use, and a consideration and/or limiting factor in consideration of new development within the urban growth area and/or City annexation boundary. b. Pitkin County should protect the quality and quantity of ground aquifers, encourage the development of Source Water Protection Plans, with assistance from the Colorado Department of Public Health and Environment, and implement applicable best management strategies. c. Pitkin County should support efforts to increase awareness of domestic source water protection issues, ensure application of best technologies for water efficient fixtures in buildings, and encourage the retrofitting of existing homes with water efficient fixtures as opportunities allow. d. Pitkin County should provide incentives for the reuse of gray water for domestic irrigation, legal commercial activity, and establish effective and workable regulations governing gray water re-use in order to eliminate or minimize environmental impacts and health and safety concerns related to such re-use within the Maroon Creek Caucus Area.

1.5.5 Surface Water: Pitkin County should not only develop natural resource and water use management strategies to maintain healthy streams, but also develop strategies in the event of drought to address potable water supply, wildfire potential, forest health, the local/regional recreation/tourist economy, fisheries, and agriculture.

a. Pitkin County should encourage the use of irrigation that supports subsurface aquifers and natural springs in the application of agricultural irrigation water. b. Pitkin County should protect Maroon Creek against damming and other diversions to serve the growth, of other jurisdictions, which itself contributes to climate change.

1.5.6 Biodiversity: The Caucus recommends developing forest management strategies to maintain biodiversity as a means to limit impacts of changing climate.

Maroon Creek Master Plan 19

1.5.7 Resilient Infrastructure: Pitkin County should develop regulations for the design and location of new buildings, roads, bridges, and other structures to withstand adverse conditions related to changing climate.

1.5.8 Economic Resiliency: Strategies should be developed to encourage a diverse economy in order to respond to changing snow pack and other climate-related factors as they may impact tourism. Pitkin County should review regulations regarding rebuilding in the aftermath of a natural disaster (e.g. wildfire, flood) to promote a rapid return to economic sustainability.

1.5.9 Food Security: The Caucus recommends exploring regulations for the encouragement of local food growers and markets, where feasible, in order to rely less on outside sources.

Prior Plan: The 2003 Maroon/Castle Creek Master Plan did not address climate change (See page 21 for discussion of wildfire).

Maroon Creek Master Plan 20 SECTION 2. LAND USE

2.1 PUBLIC LANDS

Objective: Manage private and public land development through zoning and access limitations appropriate for the entrance to the Maroon Bells in order to protect public lands and enhance the recreational experience.

Background:

With the exception of a few privately-owned inholdings, the remainder of the Maroon Creek valley above T-Lazy-7 Ranch is federally-owned public land within the Maroon/Snowmass Wilderness area. Access to public lands is available via the Maroon Bells recreation area and East and West Maroon Creek trailheads. The Maroon Bells area contains numerous occurrences of ecological communities that are of significant importance at the state and global level including a wide assortment of wetland and riparian systems. This area contains habitat for federally listed Endangered and Threatened species, including peregrine falcons, boreal toads, and Canada lynx, as well as a plethora of U.S. Forest Service Region 2 Sensitive Species. Fortunately, the vast majority of these important habitats are on public lands—predominantly White River National Forest—and much of that is within the Maroon Bells /Snowmass Wilderness Area. The Maroon Creek Caucus Area contains thousands of acres of mule deer, elk, mountain goat, and bighorn sheep summer range, which is mostly on federal land, but adjacent rural properties also provide important habitat. While there are few true “migration corridors” within the area, there are numerous migration patterns as defined by the Colorado Division of Wildlife. These include the East Maroon Creek-Maroon Creek-Willow Creek routes. There is a fairly significant area of federally-owned public land up Maroon Creek that is currently zoned Rural and Remote (RR), which provides for limited residential and recreational uses, along with transferable development rights (TDRs) for transfer outside of the zone. The RR zone does not prohibit the extension or creation of new forest service roads to serve county lands in order to enable development. Below T-Lazy-7 Ranch, the Caucus Area includes public lands, private lands, and commercial use at Aspen Highlands, with zoning which includes both RR and Ski- Recreation (SKI-REC), and also a small parcel owned by the City of Aspen, zoned PUB (the Public zone).

Policy and Implementation:

2.1.1 Support and promote the policies of Pitkin County with respect to the management of public lands, including the following:

“Pitkin County supports protection of designated Wilderness areas within and surrounding Pitkin County, as these areas provide residents and visitors with incredible vistas and opportunities for experiencing the natural environment while renewing their ‘mind body and spirit.’ The County encourages management of adjacent and neighboring land to

Maroon Creek Master Plan 21 preserve the integrity of the wilderness area.

“The County seeks to preserve and protect public lands from the impacts of incompatible development by promoting land uses within the nearby public lands which are compatible with public use of those lands, and with preservation of the natural environment.”

a. Rezone federal lands to the RS-G (Resource-Government) zone (other than those already zoned SKI-REC, recognizing some additional lands might be rezoned SKI- REC) as intended through the adoption of the 2006 Pitkin County Land Use Code. b. Amend both the RS-G and RR zones to prohibit new or expanded roads utilizing forest service land for access to service development on private lands. Work collaboratively with the U.S.F.S. to amend the RS-G and RR zones and U.S.F.S. Plans as necessary, to develop and coordinate standards and policies regarding the prohibition of development of new or expanded roads utilizing Forest Service land for access to service development on private lands. Consider an exemption for ski-related roads, where approved by Pitkin County through a master plan process.

2.1.2 Commence collaborative efforts between local, state, and federal agencies in the development and updating of Resource Management Plans for public lands.

a. Maintain the current trail system and access to public lands through private lands, where it currently exists, unless it is determined, through an open study process conducted by the USFS or Bureau of Land Management (BLM), to relocate or close a trail. b. Maintain current parking facilities at trailheads in good condition, while discouraging new parking areas, except under circumstances where new parking areas at trailheads resolve inefficient design, safety considerations or neighborhood access conflicts. c. Discourage overflow parking on county roads at the Maroon Bells trailheads to help prevent overuse of the existing trail system. d. Work with Pitkin County, the USFS, and backcountry user’s groups to monitor use levels on backcountry roads and existing trails and consider measures to manage impacts. e. Work with Pitkin County and the USFS to ensure that the existing outfitting businesses are operating within all applicable state and local regulations.

2.1.3 Recommend that Pitkin County consider amending the definitions section of the Land Use Code to include a definition for “Outdoor Recreation” and to include “outfitting” and “guide services” within this definition.

2.1.4 Recommend that Pitkin County aggressively enforce existing land use and all other local, state, and federal regulations relating to outdoor recreation uses and to establish and enforce penalties for violations of these regulations.

Maroon Creek Master Plan 22 2.1.5 Enter into intergovernmental agreements with the USFS and surrounding jurisdictions, including the City of Aspen, to require joint review of any proposed development of public lands within the Caucus Area, except those already existing within the approved Aspen Highlands Special Use Permit area.[8] The USFS has indicated that it will not enter into such an agreement, as the NEPA (National Environmental Protection Act) process already provides for County input, and they do not believe another layer of process will provide additional benefit.

2.1.6 Enter into an intergovernmental agreement with the USFS to minimize vehicular use of Maroon Creek Road to access public lands. Extend bus service to the Maroon Bells through October 15 of each year to implement that goal.[9]Staff recommends deletion of this paragraph. It is perceived as a means of limiting access altogether to Maroon Creek Road, which is a public road and the gateway to the Maroon Bells and the Snowmass/Maroon Bells wilderness area , both of which are premier destinations on the White River National Forest. There is a concerted effort by the County, City, USFS, RFTA, Skico and other agencies to address the impacts of vehicular traffic and related air quality concerns for locals and tourists who utilize the road for residential and recreational access. The Maroon Creek Caucus Plan already makes extensive and excellent recommendations to support this effort and to address identified issues under its Air Quality section.

Prior Plan: 2003 Maroon/Castle Creek Master Plan, pp. 19 and 23.

2.2 FUTURE GROWTH, RESIDENTIAL AND COMMERCIAL

Objective: Preserve the upper Maroon Creek valley as a low-density, small-scale residential area with open vistas and preservation of existing natural features and topography with only minor variances from zoning. Allow on-going established commercial uses at the T-Lazy-7 Ranch and Aspen Highlands Ski Area to continue or be replaced with those similar in character, without significant expansion and with no expansion of other commercial uses elsewhere in the valley. Implement zoning and conservation measures to preserve the entrance to the Maroon Bells/Snowmass Wilderness Area against incompatible development.

Background:

The upper Maroon Creek valley was re-zoned Agricultural/Forestry/Residential-10 Acre (AFR- 10, now called AR-10) in the mid-1970s, allowing one residential unit per every ten acres. Many non-conforming parcels exist in our Caucus Area as a result. Under existing zoning, Pitkin County projects forty-two potential additional residential units in our valley. Those potential units are located primarily on four properties: Roaring Fork Land and Cattle Co. (17 units); T- Lazy Seven Ranch Corp (18 units); Willow Creek Forty LLLP (3 units); and Celestial Land Co. (2 units). An additional, City of Aspen property, is zoned PUB, which could conceivably be developed with uses or dense development incompatible with the Caucus Area. Additional Caucus Area properties include the USFS, which is still zoned RR, despite prior

Maroon Creek Master Plan 23 recommendations from the Maroon/Castle Creek Caucus in 2003 to rezone those lands, and subsequent adoption of a new zone district, RS-G (in 2006) for these properties. Additionally, the Caucus Area includes land within the SKI-REC zone and already approved for ski-related development through a master plan approval.

Maroon Creek Master Plan 24 Pitkin County performed the following analysis of potential buildout in the Caucus Area (excluding an analysis of the City of Aspen parcel, zoned PUB, or the USFS land):

Source: Pitkin County 2017 Buildout Analysis

In 2000, Pitkin County enacted growth management regulations that limit houses in the Caucus Area to 5,750 square feet, without the use of TDRs, which may expand the total square footage allowed to 15,000 square feet. The current average house size in the Caucus Area is less than 4,000 square feet. The largest house in the Caucus Area is around 13,000 square feet and is located on a 180+ acre lot. The Maroon Creek Ranch Subdivision, comprised of eight 5-acre lots, has homeowner association (HOA) covenants it has voluntarily adopted that prohibit development beyond 5,750 square feet.

Maroon Creek Master Plan 25 Other caucuses have limited square footage allowed in their area, including: Frying Pan Caucus (5,750 s.f.); Emma Caucus (8,250 s.f.); and Snowmass-Capitol Caucus (8,250 s.f.). Only one property has utilized TDRs in the Maroon Creek Caucus Area, and it is located on a 180+ acre lot.

In the early 1990s, the Guenther/Larsen/Urschel family put a conservation easement on approximately 14 acres of land within the Caucus Area, which land includes alluvial fans and rock fall and avalanche areas. Both the Deane and Guenther/Larsen/Urschel families have also conveyed mining claims on public lands within the Caucus Area for preservation. No other conservation easements exist in the Maroon Creek Valley.

The City of Aspen owns a small parcel in the Caucus Area, which is developed with a hydrological energy plan and zoned PUB. Because the City of Aspen may claim it is exempt from Pitkin County land use regulations (as well as possessing the power to extra-jurisdictionally take land through eminent domain), this area should be considered a potential development site as well.

Policy and Implementation:

2.2.1 Because significant development rights exist on a few properties, zoning and conservation measures should be implemented to ensure the entrance to the Maroon Bells/Snowmass Wilderness Area is preserved.

a. Pitkin County should work with landowners to accomplish this policy.

2.2.2 Pitkin County should work with T-Lazy-7 Ranch to define a zoning overlay or other mechanism to preserve and make conforming existing commercial operations, allowing for changes that are consistent with the existing character.

2.2.3 Pitkin County should also rezone the City of Aspen parcel located within the Caucus Area from PUB to RS-G, along with the Forest Service parcels, which is more consistent with intended land uses within the Caucus Area.[10]Staff believes the PUBLIC zone district is appropriate for the City-owned property, and recommends the following language in lieu of the recommendation for a change to zoning: “The Caucus does not support residential, commercial or other uses allowed within the PUBLIC zone that are inconsistent with the character of the neighborhood.”

a. Pitkin County should enter into intergovernmental agreements consistent with the goals of this Master Plan regarding any future development of this parcel.

2.2.4 The Caucus acknowledges the existing SKI-REC zoning in place with regard to Aspen Highlands and the existing Aspen Highlands Master Development Plan (MDP), but all future rezonings and master plan amendments, as is required for all development in Pitkin County, must adhere toshould be reviewed for consistency with this Master Plan.

Maroon Creek Master Plan 26 2.2.5 While the severance of TDRs may be appropriate in some instances, the landing of TDRs within the Caucus Area is inconsistent with the overall goal of maintaining small scale residential development that does not exceed 5,750 square feet.

2.2.6 Development should not dominate the landscape, but instead should be sited and designed with the topography of the site to have the least visual impact possible.

a. Ways to accomplish this would include ranch-style homes, driveways and homes properly located to fit local topography, homes with broken roof lines, and use of native landscaping to reduce the visual impact.

2.2.7 Development should generally not occur in hazard areas.

a. If such development is allowed by Pitkin County, it should require the smallest structure possible (without optional decking and outside amenities, such as pools), sited to avoid hazards to the maximum extent possible with minimal hazard mitigation. b. Highly constrained sites should be preserved in their natural condition, and TDRs should be granted to be used outside the Caucus Area.

2.2.8 As landowners have an expectation that height limitations and setbacks will be followed, variances from underlying zoning are strongly discouraged.

a. Additionally, as proper site planning and activity envelope/site plan review necessarily requires minimizing and preferably eliminating any requirement for variances, Pitkin County should amend its regulations to remove the Board of Adjustment’s authority to grant variances in excess of 25% of underlying zoning.[11] As Board’s of Adjustment Authority is dictated by State Statute, the County may not have purview to dictate this standard. b. Instead, if truly necessary to allow development, an amendment to the development approval should be required.

Prior Plan: 2003 Maroon/Castle Creek Master Plan, pp. 2-11 and 29 and also Attachments A and B.

2.3 Commercial/Civic/Institutional Uses and Special Events

Objective: To preserve the rural character of the planning area, limit commercial/civic/institutional activity to existing uses or those of a similar character at T-Lazy-7 Ranch and Aspen Highlands Ski Area. Minimize permits for special uses and special events.

Background:

Maroon Creek Master Plan 27 The Maroon Creek Caucus Area serves as a transition between the City of Aspen boundary and the densely developed urban-scale, mixed use development at Aspen Highlands and the White River National Forest and Maroon Bells/Snowmass Wilderness Area. Pitkin County Land Use Policy Guidelines state: “New commercial development should be located within established urban growth boundaries unless it is of a scale and capacity deemed to be appropriate within identified boundaries.”

Most of the privately-owned property in the Caucus Area is zoned AR-10, which provides: “The AR-10 district is intended to accommodate small scale agricultural activities and large-lot residential development that maintains the rural character and appearance of the land.” However, special review uses within the AR-10 zone district include a number of uses that may be inappropriate in the Caucus Area (e.g., cemeteries, schools, sewage and water plants, resort cabins, conference centers, junk yards, club houses, and day care homes). Portions of Aspen Highlands are zoned SKI-REC. A small section of land owned by the City of Aspen is zoned PUB, which is clearly incompatible with the intent of this Master Plan, and should be rezoned RS-G.[12]The RS-G zone district was established primarily to address the potential for disposal/trade of inholdings on federal lands; and the potential for those lands to be sold or exchanged with a perceived development right(s), which the County Land Use Code does not recognize. The City parcel, conversely, is already developed for public utility use, and as such, is not an appropriate candidate for the RS-G zone . The PUBLIC zone was the appropriate zone for this property and use at the time the zoning to PUBLIC was approved. Consequently, Staff recommends that the Caucus recommendation be revised as follows: “A small section of land owned by the City of Aspen is zoned PUB. It is developed with a hydro- electric facility which is considered by the Caucus to be incompatible with rural character and several other basic tenets of this Plan, including those relating to minimum stream flows and water quality in Maroon Creek. Expansion of this use should be precluded, and any future development of this site should be limited to uses which are in character with the rural nature of the Caucus area, and consistent with this Master Plan.

T-Lazy-7 Ranch and Aspen Highlands Ski Area contain the only commercial development in the planning area. Aspen Skiing Company (ASC) possesses a lease from the Forest Service for commercial ski operations, which is subject to both federal and Pitkin County master plan review. T-Lazy-7 Ranch is a non-conforming use within the AR-10 zone district, in that its development is not allowed under current zoning, but existed prior to existing zoning and is therefore considered “grandfathered” by Pitkin County. Existing commercial restaurant and event sites at T-Lazy-7 Ranch include: the Chuck Wagon Grounds, the Meadow, the T-Lazy-7 Event Lodge, the Klondike Cabin, and the Private Mountain Lodge. Short-term and long-term rentals exist on the T-Lazy-7 Ranch property, as well as other commercial businesses including recreational and agricultural-based businesses. The Caucus supports a mechanism to allow rezoning of existing non-conforming commercial uses at T-Lazy-7 Ranch through an overlay zone, provided there is no major expansion of commercial buildings, significant change in character, or significant increases in traffic. The Caucus also supports the existing activities and SKI-REC zoning at Aspen Highlands, as approved in their master plan, with the understanding that any expansions will be required to consider this Master Plan, as may be required through the Pitkin County process.

Maroon Creek Master Plan 28 While existing commercial uses are generally supported by the Caucus, any new commercial activities (other than minimally impactful, forest-based commercial recreational activities and Aspen Highlands ski area uses and infrastructure, subject to consistency with this Master Plan) are more appropriately located within the urban growth boundary areas in Pitkin County. However, because the Caucus Area is immediately adjacent to the Aspen Highlands development, which was annexed by the City of Aspen in 2003, properties within the Caucus Area may be in danger ofsubject to annexation and upzoning by the City of Aspen, both of which are opposed by the Caucus..

More industrial commercial uses, such as existing special use permits for snow trucking and storage, are not grandfathered and are subject to renewal.

The following commercial recreational uses exist subject to U.S. Forest Service permits:

AuthID DBA Name Activities ASP769 AJ Brink Outfitters Pack Trip ASP838 Anderson Ranch Photography ASP770 Aspen Alpine Guides Hiking/Backpacking, Winter Touring ASP771 Aspen Center for Environmental Studies Hiking/Backpacking ASP883 Aspen Expeditions Hiking/Backpacking ASP883 Aspen Expeditions Hiking/Backpacking, Winter Touring ASP745 Aspen Ideas Culture Tours Hiking/Backpacking XXXX Aspen Skiing Company Skiing, XXXX ASP773 Aspen Trout Guides Fishing ASP774 Aspen Wilderness Outfitters Guided Hunting, Horseback Rides, Pack Trip ASP882 Blazing Pedals and Trails Hiking/Backpacking, Biking ASP778 Capitol Peak Outfitters Guided Hunting, Pack Trip GUN792 Colorado Backcountry Hiking/Backpacking SOP222 Colorado Rocky Mountain School Hiking/Backpacking, Winter Touring GUN901 Dolly's Mountain Shuttle Shuttle Services ASP854 Independence Pass Outfitting Guided Hunting, Pack Services Stock, Horseback Rides ASP780 Maroon Bells Guide and Outfitters Horseback Rides, Pack Trip, Winter Sleigh Rides ASP748 Sierra Club Hiking/Backpacking ASP749 Snowmass Club Hiking/Backpacking ASP782 T-Lazy-7 Snowmobiles Snowmobiling

According to Pitkin County, the following special event permits were issued in the Caucus Area between 2007 and 2017:

2007 0019.2007.PSPE Colorado Tourism Fall TV Commercial Temporary Commercial Use/Special Event Permit 2007 0021.2007.PSPE Aero Film Temporary Commercial Use/Special Event Permit 2008 0005.2008.PSPE Bowden Temporary Commercial Use/Special Event Permit 2008 0019.2008.PSPE Ralph Lauren Photo Shoot Temporary Commercial Use/Special Event Permit 2008 0021.2008.PSPE Nature Valley Commercial (2008) Temporary Commercial Use/Special Event Permit

Maroon Creek Master Plan 29 2009 0028.2009.PSPE Nissan Temporary Commercial Use/Special Event Permit 2010 0003.2010.PSPE Dodge Ram TV Commercial Temporary Commercial Use/Special Event Permit 2010 0022.2010.PSPE "Chevrolet" TV Commercial Temporary Commercial Use/Special Event Permit 2011 0003.2011.PSPE Oakley Photo Shoot Temporary Commercial Use/Special Event Permit 2011 0020.2011.PSPE Colorado Rocky Mountain Bike Tour (2011) Temporary Commercial Use/Special Event Permit 2011 0034.2011.PSPE Aero Films "Chrysler" Commercial Temporary Commercial Use/Special Event Permit 2011 0035.2011.PSPE CANCELED, DUPLICATE PERMIT 2012 0007.2012.PSPE David's Bridal/White by Vera Wang Photo Shoot Temporary Commercial Use/Special Event Permit 2013 0011.2013.PSPE Nike Photo Shoot Temporary Commercial Use Special Event Permit 2014 0003.2014.PSPE Spring 2014 Lifestyle Photo Shoot Temporary Commercial Use/Special Event Permit 2015 0005.2015.PSPE New Balance Photo Shoot Temporary Commercial Use/Special Event Permit/ 2016 0006.2016.PSPE Duluth Clothing Company Still Photo Shoot Temporary Commercial Use/Special Event Permit Event Date: 3/21/16 3/22/16 3/23/16 2016 0020.2016.PSPE Lord & Taylor Clothing Company Still Photo Shoot 2016 Temporary Commercial Use/Special Event Permit Date: 8/23-8/25 2016 0025.2016.PSPE Fabletics Still Photo Shoot 2016 Temporary Commercial Use/Special Event Permit Date: 9/2/16 2007 0017.2007.PSPE Jeep Liberty Temporary Commercial Use/Special Event Permit 2016 0016.2016.PSPE Macy's Photo Shoot 2016 Temporary Commercial Use/Special Event Permit Dates: 7/26/16 7/27/16 7/28/16 7/29/16 // No Determination 2017 0005.2017.PSPE Lands' End Lifestyle Photo Shoot 2017 Temporary Commercial Use Special Event Permit Dates: 4/30/17 Downtown Aspen/T Lazy 7 5/1/17 Star Peak or Pine Creek Cook House 5/3/17 Highlands/T Lazy Ranch 5/4/17 Aspen Mountain/ T Lazy 7 5/5/17 HT 42 Pond/Snowmass Falls Ranch 5/6/17 Snowmass Elk- Camp/Snowmass Long Shot

Maroon Creek Master Plan 30 2011 0010.2011.PSPE Aspen Recreation Center Recreational Bike Rides, Clinics and Hikes Temporary Commercial Use/Special Event Permit 2011 0020.2011.PSPE Colorado Rocky Mountain Bike Tour (2011) Temporary Commercial Use/Special Event Permit 2012 0014.2012.PSPE World Vision Aspen Invitational 2012 Temporary Commercial Use/Special Event Permit 2012 0015.2015.PSPE World Vision 2015 Aspen Invitational Temporary Commercial Use and Special Event Permit 2008 0101.2008.PSPE Aspen Cycling Club Summer Races Special Review for Commercial Outdoor Recreational Use 20016 0012.2016.PSPE Aspen Cycling Club Race Series 2016 Temporary Commercial Use/Special Event Permit 2007 00108.2007.PSPE Aspen/Snowmass Ride for the Cure 2007 Special Event Permit 2008 0023.2008.PSPE Aspen/Snowmass Ride for the Cure (2008) Temporary Commercial Use/Special Event Permit 2009 0017.2009.PSPE Aspen/Snowmass Ride for the Cure (2009) Temporary Commercial Use/Special Event Permit 2010 0026.2010.PSPE Ride for the Cure 2010 Temporary Commercial Use/Special Event Permit 2011 0026.2011.PSPE Ride for the Cure 2011 Temporary Commercial Use/Special Event Permit 2012 0023.2012.PSPE Ride for the Cure 2012 Temporary Commercial Use/Special Event Permit 2013 0017.2013.PSPE Ride for the Cure 2013 Temporary Commercial Use/Special Event Permit 2014 0017.2014.PSPE Ride for the Cure 2014 Temporary Commercial Use/Special Event Permit 2015 0019.2015.PSPE Ride for the Cure 2015 Temporary Commercial Use/Special Event Permit 2010 0028.2010.PSPE The Wapiyapi Classic Temporary Commercial Use/Special Event Permit 2011 0031.2011.PSPE The Roche Constructors Wapiyapi Classic 2011 Temporary Commercial Use/Special Event Permit 2007 0001.2007.PSPE Elk Mountain Grand Traverse (2007) Temporary Commercial Uses/Special Event Permit 2010 0004.2010.PSPE Elk Mountain Grand Traverse (2010) Temporary Commercial Use/Special Event Permit 2011 0006.2011.PSPE Elk Mountain Grand Traverse (2011) Temporary Commercial Use/Special Event Permit

Maroon Creek Master Plan 31 2014 0016.2014.PSPE Elk Mountain Grand Traverse (Summer 2014) Temporary Commercial Use/Special Event 2016 0027.2016.PSPE CANCELED--THREE YEAR PERMIT issued on 0027.2016.PSPE// Elk Mountain Grand Traverse Run & Bike(Summer 2017) Temporary Commercial Use/Special Event Permit (Fees pd on 0027.2016.PSPE) Three year permit 2017 0017.2017.PSPE Elk Mountain Grand Traverse (Summer 2015) Temporary Commercial Use/Special Event Dates; March 27-28, 2015 Three Year Permit 2011 0013.2011.PSPE Aspen Back Country Marathon Temporary Commercial Use/Special Event Permit 2012 0028.2012.PSPE Aspen Back Country Marathon Temporary Commercial Use/Special Event Permit 2013 0009.2013.PSPE Aspen Back Country Marathon 2013 Temporary Commercial Use/Special Event Permit 2017 0012.2017.PSPE Aspen Back Country Marathon 2017 Temporary Commercial Use/Special Event Permit 2011 0007.2011.PSPE Power of Four Ski Mountaineering Race Temporary Commercial Use/Special Event Permit 2011 0018.2011.PSPE Power of Four Bike Race Temporary Commercial Use/Special Event Permit 2012 0002.2012.PSPE Power of Four Ski Mountaineering Race 2012 Temporary Commercial Use/Special Event Permit 2012 0021.2012.PSPE Power of Four Mountain Bike Race Temporary Commercial Use/Special Event Permit 2013 0002.2013.PSPE Power of Four Ski Mountaineering Race 2012 Temporary Commercial Use/Special Event Permit 2013 0005.2013.PSPE Power of Four Mountain Bike Race 2013 Temporary Commercial Use/Special Event Permit 2013 0019.2014.PSPE Power of Four Mountain Bike Race 2014 Temporary Commercial Use/Special Event Permit 2014 0004.2015.PSPE Power of Four Ski Mountaineering Race 2014-2015 Temporary Commercial Use/Special Event Permit 2016 0005.2016.PSPE Power of Four Ski Mountaineering Race 2016 Temporary Commercial Use/Special Event Permit 2017 0023.2017.PSPE Power of Four Ski Mountaineering Race 2016 Temporary Commercial Use/Special Event Permit

Maroon Creek Master Plan 32 2017 0024.2017.PSPE Power of Four Mountain Bike Race, Power of Two Mountain Bike Race, and Power of 4 Running Race 2017-2019 Temporary Commercial Use/Special Event Permit 2007 0008.2007.PSPE Golden Leaf Half Marathon (2007) Temporary Use/Special Event Permit Government Trail 2008 0027.2008.PSPE Golden Leaf Half Marathon (2008) Temporary Commercial Use/Special Event Permit 2009 0005.2009.PSPE Golden Leaf Half Marathon (2009) Temporary Commercial Use/Special Event Permit 2010 0029.2010.PSPE Golden Leaf Half Marathon (2010) Temporary Commercial Use/Special Event Permit 2011 0005.2011.PSPE Golden Leaf Half Marathon (2011) Temporary Commercial Use/Special Event Permit 2012 0025.2012.PSPE Golden Leaf Half Marathon (2012) Temporary Commercial Use/Special Event Permit Fees Waived MK 2016 0022.2016.PSPE Golden Leaf Half Marathon (2016-2018) Temporary Commercial Use/Special Event Permit

Policy and Implementation:

2.3.1 Allow existing commercial uses at T-Lazy-7 Ranch and Aspen Highlands Ski Area to continue or be replaced with those similar in character, provided there is no major expansion of commercial buildings, significant change in character, or significant increases in traffic, subject to all necessarily permitting by Pitkin County and/or the Forest Service.

2.3.2 Prohibit new commercial uses, except as described in para. 2.3.1 above.

a. Amend zoning to prohibit new commercial uses, such as new tourist accommodations and commercial grow facilities for marijuana. b. As this is a heavily used area with icy winter roads and limited winter trailhead parking, the Caucus is preliminarily opposed to Maroon Creek Road, above T-Lazy-7 Ranch, being designated as part of the Pitkin County’s or USFS’s fat tire bike winter- use trail system. c. Develop provisions to pProhibit the use of residential properties as primarily commercial, short-term rentals properties, except as grandfathered at T-Lazy-7 Ranch. d. Revise the Pitkin County Land Use Code to require existing commercial uses that cease to operate for ten years or longer to be permanently discontinued.

Maroon Creek Master Plan 33 e. Explore measures, including zoning changes, to prohibit fractional ownership of residential properties as defined by the Colorado Common Interest Ownership Act (CCIOA) and other complex commercial ownerships, such as real estate clubs, etc.

2.3.3 Prohibit annexation and condemnation Tto preserve existing rural character and residential zoning, discourage annexation and condemnation.

a. Pitkin County and the City of Aspen should enter into an intergovernmental agreement regarding annexation and condemnation to preserve the rural character of the Caucus Area.

2.3.4 Limit special events to preserve existing rural character and enjoyment of the Caucus Area by recreational users.

a. All special event permits should be referred to the Caucus for comment. b. All permitting for races held on Maroon Creek Road should require cones on side roads/driveways, including “hidden drive” signage. c. The Pitkin County Sheriff should be required and funded to police all special events permitted for Maroon Creek Road. d. Special events on private property over certain thresholds require permitting pursuant to section 4-30-50 of the Pitkin Count Land Use Code. ASC special events are authorized through a separate master plan and Forest Service permitting process. e. Special events should be limited in duration (minimal multi-day events), and no road closures should be allowed.

Prior Plan: 2003 Maroon/Castle Creek Master Plan, pp. 9-11

2.4 Mining Claims/Mineral Development

Objective: Promote non-impactful, renewable energy sources, and protect lands within the planning area from the environmental impacts of mining, mineral exploration, commercial or large-scale geothermal mining or exploration, oil and gas drilling and exploration, sand and gravel pits, rock crushers, concrete batch plants, and other extractive operations.

Background:

While some prospecting may have occurred in the Caucus Area, no mining or mineral development exists.

Policy and Implementation:

Maroon Creek Master Plan 34 2.4.1 Ensure strict enforcement of all applicable regulations governing extraction and similar exploitation of natural resources.

a. Amend state and federal laws to enable local regulation of such operations. b. Require such operations to maintain current air and water quality, and not diminish surface and ground water supply.

2.4.2 Support policy initiatives that require minimum setbacks from homes for new oil and gas wells, and grant local governments the power to enact environmental regulations more restrictive than state laws.

2.4.3 Define extractive operations in the Pitkin County Land Use Code to include geo- thermal.

2.4.4 To the extent possible, prohibit extraction and fracking.

Prior Plan: 2003 Maroon/Castle Creek Master Plan, pp. 28-29.

Maroon Creek Master Plan 35

Section 3. INFRASTRUCTURE AND ESSENTIAL COMMUNITY FACILITIES

3.1 Roads/Bike Paths

Objective: Protect the rural character and environmental quality of upper Maroon Creek Road and ensure safe and enjoyable recreational use of the road.

Background:

Roads within the Maroon Creek Caucus are both public and private, including some Forest Service roads in the White River National Forest. The character of the roads is rural. Upper Maroon Creek Road is the entrance to the Maroon Bells/Snowmass Wilderness Area, and the White River National Forest. Maroon Creek Road experiences heavy recreational use year- round, including hiking, biking, roller blading, skiing and snowmobiling. There is no county winter maintenance or snowplowing past T-Lazy-7 Ranch.

Anthropogenic sources have already significantly impaired visibility in the Maroon Bells- Snowmass Wilderness, which is a Class I air shed under federal regulations. To protect the area from further degradation, Pitkin County and the Forest Service have partnered to reduce vehicular traffic through road closures and summer bus service to the Maroon Bells. Signage is minimal along the road, and speed limits are not enforced. Despite these efforts, access to the area has increased dramatically, resulting in significant conflicts/safety issues between recreational users and vehicular traffic, especially buses.

According to the Pitkin County Engineer, based on the past three years of traffic counts, the average daily traffic is 3,668 trips above the intersection of Aspen High School.

Policy and Implementation:

3.1.1 Keep the rural character of the planning area intact.

a. Ensure development is compatible with and does not change the rural character of upper Maroon Creek Road. b. Prohibit new parking areas on publicly-owned land in order to decrease private vehicular traffic and Iincentivize mass transit and other non-motorized means of access to publicly-owned land,.[13] Unilaterally prohibiting new parking that is well- designed may have the unintended consequence of pushing vehicular parking to road rights-of-way and blocking safe passage. c. Require scenic review for all driveways and trails visible from Maroon Creek Road. d. Maintain upper Maroon Creek Road in its current condition, allowing minimal improvements as necessary for safety.

Maroon Creek Master Plan 36 e. To avoid suburbanizing the Caucus Area, eliminate the requirement that previously addressed properties readdress and rename their roads. f. Require all county road signage to be rural in character to the greatest extent possible. g. Continue to preclude Pitkin County winter snowplowing maintenance above T-Lazy- 7 Ranch, while continuing to allow T-Lazy-7 Ranch to conduct winter grooming, maintenance, and cross-country track-setting, pursuant to their USFS permits. h. Establish a process by which road improvements and decisions to extend winter snowplow maintenance are reviewed, including public hearing before the Board of County Commissioners and referral to the Caucus for comment.

3.1.2 Reduce traffic and congestion on upper Maroon Creek Road to improve air quality, safety, and the overall recreational experience.

a. Pitkin County should establish a firm annual road winter closure date of November 15, or sooner, above T-Lazy-7 Ranch, if Pitkin County finds this necessary due to early snowfall for a particular year. b. Bus service should be revamped with non-polluting (i.e. electric) vehicles of a character suitable for a wilderness area. c. With the exception of access for the disabled, the road should be closed at the Forest Service station to vehicles between 8 a.m. and 6 p.m., which would incentivize more people to take the bus or ride their bikes, etc. d. Require and strictly enforce the use of construction management plans to reduce construction traffic impacts associated with new developments and major redevelopments. e. Correct the turn-lane indications from Maroon Creek Road into the Maroon Creek Roundabout. The right-turn lane currently blocks traffic up to the high school and sometimes all the way to Aspen Highlands. Traffic flow will proceed better with a merge option from the right lane, instead of a turn-only on to Castle Creek Road.

3.1.3 Improve safety on upper Maroon Creek Road.

a. Increase signage, including speed limit and “share the road” signs appropriate for a scenic and rural area. b. Install posted speed limit signs (preferably at 30 mph or less) between Aspen Highlands and T-Lazy-7 Ranch. c. Continue existing speed limits of 15 mph through the T-Lazy-7 Ranch corridor, and install a permanent solar speed monitoring sign.[14]The County Public Works Department notes that these speed monitoring signs are an urban approach that conflict with rural character. d. Install “share the road” signs between Aspen Highlands and T-Lazy-7 Ranch. e. Install a “hidden driveway” sign near the entrance of Maroon Creek Ranch, and consider trimming lower branches from trees to improve visibility.

Maroon Creek Master Plan 37 f. Reduce and enforce the speed limit (30 mph or less). g. Install permanent solar speed monitoring signs (like the one by Starbucks in Willits Town Center) at the entry of the Caucus Area and at the beginning of the upper portion of T-Lazy-7 Ranch (for vehicles traveling down from Maroon Bells).[15]This is considered to be an urban solution not recommended by Pitkin County Public Works.

3.1.4 Without evidence that bike paths will solve the existing safety issues because road bikers are not likely to use them, the Caucus opposes such paths and their potential impact on rural character.

a. For increased safety, the Caucus would be open to widening the road below T-Lazy-7 Ranch in certain sections where this is feasible with minimum impact and infrastructure, assuming there is evidence this will actually improve safety.

3.1.5 Further reduction in vehicular traffic should be explored along with a pedestrian path through optional cooperation of landowners, at their sole discretion, along Maroon Creek Road.

Prior Plan: 2003 Maroon/Castle Creek Master Plan, pp. 15-19.

3.2 Utilities: Water, Electric, Natural Gas, Waste Management, Internet, Etc.

Objective: Preserve the rural character and natural resources of the Caucus Area by conserving energy, reducing waste generation, and preventing utility extensions that promote sprawl and serve areas outside of the Caucus Area.

Background:

Pitkin County Land Use Policy Guidelines, issued in September 2002, state: “Pitkin County generally does not support extensions of public utilities such as municipal water and sewer lines outside of the Urban Growth Boundaries.”

At this time, Caucus Area utilities are provided by a combination of public utilities, private companies, and on-site delivery. Water is provided by individual wells and other surface water. Holy Cross Energy, a cooperative owned by its members, provides electricity. Black Hills Energy provides natural gas. Waste management and removal is accomplished through private companies, though it should be noted that the Pitkin County Landfill will have to close about the year 2030, which will have many consequences to our level of service as well as increased expense. Most of these providers or on-site production of utilities, like water, function well. Internet service, which is supplied by Century Link, is poor and needs to be updated.

Maroon Creek Master Plan 38 Policy and Implementation:

3.2.1 Extension of public utilities, such as the City of Aspen’s electric or water/sewage, are not supported within the Caucus Area.

3.2.2 The Caucus supports expansion of internet services, provided they are underground or line-of-sight transmissions.

3.2.3 Because the City of Aspen has condemnation power, and annexation is possible for properties within the Caucus Area, Pitkin County should negotiate an intergovernmental agreement to preclude expansion of the City of Aspen’s utilities.

3.2.4 Pitkin County should adopt measures to ensure that, where infrastructure and essential community service improvements are necessary and supported by the objectives and policies of this Master Plan, such improvements are based on technologies and solutions that balance environmental sensitivity, functional efficiency, and economic practicality.

a. Where appropriate, the cost of these improvements should be borne by future developments. b. Pitkin County should explore a neighborhood residential waste management plan to reduce and re-use waste and create a smaller environmental footprint. c. Existing county programs that divert materials from the Caucus Area waste stream to extend the Pitkin County Landfill’s life should be continued. d. Caucus Area residents (and commercial properties where feasible) should also participate in the new residential waste management plans that include food composting. Visit www.landfillrules.com for the latest information.

Prior Plan: 2003 Maroon/Castle Creek Master Plan, p. 13.

Maroon Creek Master Plan 39

Adopted by the Pitkin County Planning & Zoning Commission on February 17, 2018

Maroon Creek Master Plan 40

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Planning & Zoning Commission Meeting, February 20, 2018

RE: Maroon Creek Master Plan Worksession

Commissioners Present: Joe Krabacher (Chair,) Jim Veshancey, Chelsea Clark, Zac Matthews County Staff: Cindy Houben, Ellen Sassano, Richard Neily Caucus Representatives: Michael Waters, Donna Ward, Barbara Convisor, Rick Deane, Mrs. Waters, Jason Ludington ______

The following Staff notes are not intended to be comprehensive, but rather to give a broad overview of the meeting discussion and to highlight general direction given by the P&Z.

Staff Introduction: Ellen walked through the master plan review process and a description of how and by whom master plans are used.

Caucus Presentation: Mike Waters gave an overview of Caucus history, master plan development process and Plan highlights

PZ Chair Opened Discussion to Public Comment:

1. David Corbin, representing Aspen Skiing Company, summarized Skicos written comments, essentially expressing concern around the need to acknowledge the Highlands ski area as an existing commercial recreational use, with uses, operations and infrastructure needs that are already subject to a County Ski-Rec Master Plan and a USFS Operating Permit. He reiterated the need to continue to work on the Caucus Master Plan to ensure that it addresses Caucus concerns without creating redundancies or conflicts with the already existing master plan and permit under which the Ski Area operates. Skico’s preference would be to be removed from the Caucus Plan altogether, but short of that the Skico has submitted a second round of comments in the form of recommended language changes intended to reasonably acknowledge activities associated with existing use, and the potential need for future maintenance and/or improvements. 2. Stan Clausen: Stan Clausen was representing a private landowner and also expressed several non-related general concerns with the Plan, as follows: a. Limiting homes to a house size cap of 5,750 sq. ft. would create non-conformities and related difficulties for property owners wishing to make any floor area modifications to existing homes; b. Recommendations to limit house size to 5,750 sq. ft. may put the County’s tdr program in jeopardy; c. T-Lazy Seven snow storage use may be in jeopardy given plan recommendations to limit commercial uses–Has T-Lazy Seven been consulted? d. Buildout potential is overstated and given physical constraints, there is realistically only a 5 or 6 unit buildout potential remaining; The Master Plan is intended to target and

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encumber the “Celestial” site, particularly the recommendation about limiting pools and decks in hazard areas; e. He questioned how many people participated in the Caucus vote for plan approval, expressing concern about a lack of diversity in the process of developing and voting for the Plan; Stating that the plan is manipulative and over-reaching without stakeholder input; and finally requesting tabling of the P&Z review of the Plan for adoption until such time as additional stakeholder input (including input from his clients,) can be obtained. 3. Mike Waters, representing the Maroon Creek Caucus responded with the following comments: a. The Caucus followed procedures for notification in the Home Rule Charter, regarding Caucus formation and development of the Master Plan. They also posted signs regarding same, in an effort to engage as many people as possible; b. As the result of a robust process, the Caucus voted 28-0 to approve the draft Plan. (Mike guestimated that there are roughly a total of 60 residents within the Caucus boundary, including 2nd homeowners;) c. The Plan “grandfathers-in” existing homes that exceed 5,750 sq.ft. in size, recommending that they be allowed to replace what they’ve already got in floor area. d. The snow storage issue was discussed with T-Lazy Seven, and Plan recommendations reflect the outcome of that discussion; e. The Plan was not intended to specifically target or encumber the “Celestial” site. 4. P&Z Chair requested that Celestial representatives be specifically invited to attend the next scheduled Caucus meeting (on March 15th) to resolve issues to the extent possible. 5. Phillip Supino, representing the City of Aspen, briefly noted that the City had just submitted a cover letter (on the day of the meeting,) for the record, to reiterate that comments made in their originally submitted referral letter had not as yet been addressed. He said that the City was interested in continuing to work with County Staff and the Caucus to develop some specific wording relating to recommended revisions to the Plan to address issues raised.

P&Z Chair Asked Pitkin County Assistant Attorney, Richard Neily, (Ry,) to Clarify Several Issues Relating to Plan Recommendations:

1. Regarding Limits to Board of Adjustment (BOA) Powers, Ry clarified that:

Board of Adjustment powers are controlled by the State and Land Use Code, and that BOA's review of variances is based solely upon whether or not an applicant demonstrates a hardship that results in the need to vary specified zoning standards. The Caucus Plan recommendation to limit variances to no more than 25% above standards allowed by zoning, is not within BOA purview based on State standards. There is no harm in leaving the Plan recommendation as-is, as it is only a recommendation, but the County does not have the authority to change the purview of the BOA-so the recommendation will not be implemented.

2. Regarding State Statutes Pertaining to Requirement for County to develop and adopt Master Plans, Ry stated that:

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State Statute does require the County to adopt master plans for the entire County, with the exception of municipalities within its boundary. Ski Rec Master Plans on USFS lands would likely cover the master plan requirement, and Ry noted that the County has limited jurisdiction on Federal lands. Ry/Staff noted that the County has historically zoned federal lands, and included them in Caucus Master Plans, primarily with the purpose of addressing use on federal lands that by virtue of trades or other mechanism could be transferred from public to private ownership. Planning Staff noted that Caucus Plans have historically included federal lands (including ski areas,) to allow for a holistic, watershed planning approach which considers water resources, air quality, wildlife habitat, ecosystem and forest health, roads, recreation and other aspects of planning that are not limited by jurisdictional boundaries.

P&Z Direction for Action Resulting From Discussion (Moving Forward:)

1. Ry will review comments submitted by the City of Aspen and inform Staff of any aspects of the comments that may be appropriate for a response from the County Attorney’s Office; 2. The Caucus will again reach out to the City, Skico and Stan Clausen (representing Celestial landowners,) and any others who wish to participate in their Caucus meeting scheduled for March 15th. 3. Staff will continue to work with Healthy Rivers and Streams Staff, RFTA and Holy Cross to get comments (if they have any) regarding the Plan; and will follow up with the USFS on their comments. Staff will also coordinate with City Staff to see if they wish to draft some recommended wording changes for Caucus consideration; 4. Caucus will continue to work with Skico on their (new) draft recommendations, making a concerted effort to modify recommendations in the Plan to acknowledge Skico’s reasonable existing and future function, operating and infrastructure needs as a commercial recreational use in the Ski-Rec zone.

Ellen will make a copy of the (County) Highlands Master Plan available to the Caucus for review. Ellen will also review that Plan to see if there are conflicts and/or redundancies between it and the draft Maroon Creek Plan that may result in confusion rather than benefit.

P&Z Action to Continue March 20th Public Hearing for Maroon Creek Master Plan Review for Adoption

1. The P&Z public hearing for March 20th was continued to April 17th to allow ample time for Plan modification by the Caucus after their March 15th Caucus Meeting; and to allow time for subsequent Staff review prior to the public hearing for adoption; Staff will also re-notice the public hearing for April 17th to ensure public is notified of the change.

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Ellen Sassano

Fwd: Maroon Creek Caucus plan

Thu, Apr 5, 2018 at 12:06 Dershowitz, Rana PM To: MAROON CREEK CAUCUS , Adelaide Waters , Anthony Sears , Aspen DeCew , Barbara L Conviser , Ben Larsen , Ben Pritzker , Besha Deane , Besha Deane , Blair Willcox , Carlie Siemel , Cindy Houben , Dale Will , Danielle Hake , David Dagwood Neal , "Corbin, David" , David Richards , "[email protected]" , Donna Ward , Ellen Sassano , Gary Tennenbaum , Jack Johnson , Jason Ludington , Jennifer Mizel , "[email protected]" , Jesse Deane , "[email protected]" , Joanna Schaffner , "[email protected]" , Kimberly Rehfuss , Kimberly Rehfuss , Kit Bulkley , "[email protected]" , Marcella Larsen , Marcella Larsen , Margot Pritzker , Michael Eklund , Michael Waters , "Kaplan, Mike" , "[email protected]" , Pauline Pitt , Phillip Supino , "Burkley, Richard E." , Richard Neiley , Rick Deane , Ryan Jervis , "[email protected]" , Stan Clauson , Suzanne Wolff , Tom Pitzker , Tom Ward , "Tracy and Dr. Michael Eklund" , V Guenther , Vida Snook Ludington , Wendy Larsen , Will Roush

Good afternoon –

Aspen Skiing Company wanted to take a moment and express our appreciation for the involvement that the Caucus Executive Committee has allowed us to have in the plan development process to this point, as well as the changes that were made to the plan based upon our suggestions to this point. As we are not Caucus members, and do not have a right to vote on the Caucus plan, we wanted to check with the Caucus whether we would have an opportunity to speak at tonight’s meeting in advance of the vote.

We believe it is important that everyone voting understands the material concerns that SkiCo still has with the plan, and why we will be advising Planning and Zoning that we do not support it. We will be advising P&Z that while we support the basic principles the plan is intended to support, we object to the Plan as drafted. Particularly (among other things), we would want to make sure the Membership understands that:

­ While much of the Caucus area is indeed largely residential and rural, the Caucus area includes a substantial portion of the Aspen Highlands Ski Area, which is fundamentally commercial in nature. The commercial nature of Highlands must be respected, including our ability to enhance, develop, change and augment Aspen Highlands. We recognize – and appreciate ­ that changes were made to the master plan following our involvement to provide some flexibility in this regard, however, we do not believe the changes have gone far enough to give us the comfort needed to ensure that Aspen Highlands can continue to be run as the world class resort we have all come to expect.

­ Particularly in light of this, the Aspen Highlands Master Development Plan, which must be approved by the County through a specific and different legally mandated process should take priority over the Caucus Plan in the event there is a conflict between the two.

­ In addition, we believe the prohibitions contained in the plan are simply too broad and do not enable the County commissioners to undertake their legally mandated obligations to review each specific project and consider it on its own merits. Examples of where we are concerned in this regard include (among others): the specific suggestions that future Highlands Master Development Plans (MDP) and future Highlands ski area uses and infrastructure must adhere to the Caucus plan, notwithstanding the recognition that Aspen Highlands is zoned SKI­REC and as such the current Highlands MDP doesn’t necessarily align with the Caucus Plan and the reference to objections to the gondola sought in the 1990s.

­ At core, our concern in this regard is that many of the broad statements in the plan are really more appropriately placed in the County’s land use Code Chapter 7/Development Standards rather than in a master planning document.

­ Finally, we have serious concerns that the general approach being taken undermines the requirements of Colorado law (C.R.S. 30­28­106(1)), pursuant to which it is “the duty of a county planning commission to make and adopt a master plan for the physical development of the unincorporated territory of the county.” Rather than the P&Z simply adopting or rejecting the Caucus’s proposed plan, we believe it is the legal obligation of P&Z to consider the views of the caucus as a starting point for an independent, staff directed, county wide master plan that ensures that there are not inherent conflicts or overlapping, inconsistent processes.

We would welcome the opportunity to clarify these concerns to the Caucus membership, but also fully appreciate if the Caucus feels tonight’s meeting is not the appropriate forum for doing so. We look forward to your guidance.

Regards,

Rana

RANA DERSHOWITZ

CHIEF LEGAL OFFICER, SENIOR VICE PRESIDENT REAL ESTATE

ASPEN SKIING COMPANY

P: 970­300­7150 | M: 303­881­8440 Snowmass | Aspen Mountain | Aspen Highlands | Buttermilk

The Little Nell | Limelight Hotels www.AspenSnowmass.com

From: MAROON CREEK CAUCUS [mailto:[email protected]] Sent: Thursday, April 05, 2018 11:55 AM To: Adelaide Waters; Anthony Sears; Aspen DeCew; Barbara L Conviser; Ben Larsen; Ben Pritzker; Besha Deane; Besha Deane; Blair Willcox; Carlie Siemel; Cindy Houben; Dale Will; Danielle Hake; David Dagwood Neal; Corbin, David; David Richards; [email protected]; Donna Ward; Ellen Sassano; Gary Tennenbaum; Jack Johnson; Jason Ludington; Jennifer Mizel; [email protected]; Jesse Deane; [email protected]; Joanna Schaffner; [email protected]; Kimberly Rehfuss; Kimberly Rehfuss; Kit Bulkley; [email protected]; Marcella Larsen; Marcella Larsen; Margot Pritzker; Maroon Creek Caucus Members; Michael Eklund; Michael Waters; Kaplan, Mike; [email protected]; Pauline Pitt; Phillip Supino; Dershowitz, Rana; Burkley, Richard E.; Richard Neiley; Rick Deane; Ryan Jervis; [email protected]; Stan Clauson; Suzanne Wolff; Tom Pitzker; Tom Ward; Tracy and Dr. Michael Eklund; V Guenther; Vida Snook Ludington; Wendy Larsen; Will Roush Subject: Fwd: Maroon Creek Caucus plan

[Quoted text hidden] Attachment D

MEMORANDUM / COMMENTS

TO: Ellen Sassano, Senior Long Range Planner Pitkin County

FROM: David Corbin, Sr. Vice President Planning & Development Aspen Skiing Company

RE: Maroon Creek Caucus Master Plan Draft

CC: Rana Dershowitz, Sr. Vice President and General Counsel Aspen Skiing Company

DATE: Feb. 6, 2018

Thank you for providing Aspen Skiing Company (“ASC”) with a copy of the Draft Maroon Creek Caucus Master Plan and the opportunity to comment.

It is our understanding that the Planning Commission will meet in public work session on February 20th at which time public comment may or may not be taken and that the Planning Commission will meet again on March 20th at a noticed public hearing at which time opportunity for public comment will be provided. ASC’s comments made here are preliminary, particularly in so far a water matters are concerned, and we therefore may provide further comment in writing and/or at one or more of the hearings subsequently scheduled.

Section 1.1 – Water Resources:

Background [Area and Applicability]: The Caucus area as referred to in the draft Plan, described in other materials posted on the County’s web site and which would ostensibly be subject to the provisions, objectives, and policies of this Plan appears to include all terrain within the Highlands Ski Area and Special Use Permit area granted by the US Forest Service which drains into the Maroon Creek basin (i.e. virtually all of the Highlands Ski Area) and perhaps likewise includes portions of the Buttermilk Ski Area, also subject to a separate Special Use Permit granted by the USFS. Apart from federal jurisdiction in its ski area operations on the public lands, ASC’s ski areas are subject to other, quite specific provisions of the County’s local land use code relating to the writing and adoption of ski area specific master plans and the uses and activities authorized and permitted by SKI-REC zoning. In so far as other applicable laws, statutes, ordinances and regulations apply to the master planning, uses and activities permitted on ASC’s ski areas, the Maroon Creek Caucus Master Plan, should be deemed entirely inapplicable, of no legal or advisory effect or, alternatively, explicitly subordinate to other law and legal requirements. To avoid multiple and likely contradictory master plans covering ASC’s ski areas

1 or portions of them, ASC proposes that lands within the ski area boundaries and Special Use Permit areas be removed from the “area” comprising or contained within the Maroon Creek Caucus boundaries.

Water Rights, Water Management, Wild and Scenic River Designations, etc.: ASC has not had the opportunity to review the draft Plan’s provisions with its outside water counsel or attorneys well versed in Wild and Scenic River designations and is therefore not prepared to comment upon such matters at this time, reserving its opportunities to do so at a later time.

Section 1.2 – Scenic Quality:

Policy and Implementation: Several provisions in this subsection of the draft plan refer to and would call for additional review and restrictions upon alterations of the landscape, the visibility and size of “development” (the nature, character and scope of which is undefined), together with “strengthen[ing]” of review requirements requiring natural screening without significant changes to natural topography and compliance with the County’s Scenic View protections. While we can easily agree that protection of the scenic environment is important and desirable generally, the policy recommendations stated here are exceptionally broad and fail to take into account the existing conditions of and future changes to ski area infrastructure, development and operation which are visible today from Maroon Creek Road. Ski area development, equipment and operations are and will remain visible from many public and private points of view and often change natural topography and are incapable of being naturally screened. To reiterate the point first made above, ski area master planning, zoning, approved uses and activities and projects subject to Special Review are governed and regulated by various other federal, County and City of Aspen laws, rules and regulations. An advisory plan for the Caucus area may only serve to confuse and contradict other explicit master plans, land use laws and regulation applicable to the ski areas. Again, the most logical course of action would be to simply remove the ski areas from the Caucus area or to consider the Maroon Creek Caucus Master Plan’s provisions inapplicable to the ski areas, including developments and equipment, land uses and operations within them.

Section 1.3 – Air Quality:

Traffic and parking: Traffic and parking issues are touched upon in the draft plan in this subsection and in Section 3. Two policies proposed in this subsection concern ASC, including, (1) the proposal that traffic on Maroon Creek Road should be stopped at Highlands, with access restricted to residents and the public turned around “preferably through Highlands,” and (2) the suggestion that, “Parking at Highlands should be free to Caucus residents to encourage use of transit” presumably by Caucus residents then traveling from Highlands to their homes. In light of the existing uses of the Maroon Creek Road, ASC objects to any Plan provisions adding traffic controls or gating on Maroon Creek Road at Highlands or elsewhere which is done without full engagement and consideration of all interested and affected stakeholders, including the Forest Service, the County, the City, RFTA, ASC, the public at large, and private property owners. ASC further objects in principle to any added restrictions or gates that would serve to “privatize” the road or seem to do so or which would unduly restrict and impede access

2 to the public lands of the Maroon Creek valley. More directly, ASC objects to the notion that traffic should be “turned around” in Highlands unduly burdening the interior streets, drives and transit lanes of Highlands Ski Area and lastly objects to the proposition that parking should be made available free to Caucus residents on lands owned privately by Aspen Skiing Company or other parties at Highlands. Conferring such a benefit upon private parties as an uncompensated burden upon ASC and possibly others is unacceptable.

Section 1.4 – Renewable Energy and Climate Stewardship:

Policy and Implementation: With respect to renewable energy, ASC supports the use of renewables and concurs with the aspirational aspects of the draft Plan, but would caution against too rigidly restricting the use of solar panels, wind devices and other energy infrastructure due to visual impacts. Greater flexibility and leniency may be necessary to implement renewable energy sources.

This same subsection also notes that, “Free parking in the summer at Highlands would reduce fossil fuel emissions and encourage use of the bus.” Even a casual observer of summer transit use from Highlands to Maroon Lake should recognize that free parking is not needed as an incentive to ride the bus. Despite exhaustively coordinated efforts by public and private stakeholders, demands on public transit to The Bells seem to continuously grow and outstrip the capacity of the entire system, including the private parking available at Highlands. On the contrary, encouraging more vehicle trips to a garage already at capacity, in the hope of finding free parking there, will only compound the traffic problems on Maroon Creek Road.

Section 2.1 – Public lands:

Policy…IGA’s concerning joint reviews: As noted above, most of Highlands Ski Area is within the Caucus area. ASC, as the ski area permittee, developer and operator, is already subject to federal and County land use, entitlement, and environmental reviews, as well as building permit reviews by the County. In virtually every review process, in whichever jurisdiction, the other federal or local authority is a referral agency invited to participate in and expected to comment concerning the subject matter of the review in progress. Thus, national and local authorities are afforded opportunity to participate in other authorities’ land use reviews and decisions and to articulate and promote the interests of their own jurisdiction. Joint review among and between all governmental authorities is infeasible as a matter of subject matter jurisdiction and of process as governmental authority, issues of concern, substantive laws and processes of the various jurisdictions are not the same and may not even overlap. Joint review is unnecessary and pragmatically impossible given the vastly different procedural steps and requirements of the separate jurisdictions.

Section 2.3 – Commercial Uses…and Special Events:

Objective: The stated objective, to “…limit commercial…activity to existing uses or those of a similar character at T-Lazy-7 Ranch and minimize permits for …special events,” appears to overlook the commercial enterprise of ASC’s ski areas in so far as they exist within the Caucus area. The Background paragraphs of this subsection go on to note that, “The Caucus area is zoned AF-10;” and that T-Lazy-7

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Ranch contains the only commercial development in the planning area…” That is not the case. ASC’s ski area(s) in the Caucus area boundaries are zoned SKI-REC and presently exist as commercial uses. The further plan recommendation that “…any new commercial activities…are more appropriately located within the urban growth boundary…” likewise overlooks the reality of the ASC’s ski area operations. The same holds true with respect to the proposed limitations concerning special events, which would arguably apply to events such as ski racing. Either the plan should be significantly revised to recognize the reality of such uses or the ski areas should be removed from the Caucus area and the plan’s advisory provisions construed to be inapplicable to the ski areas.

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City of Aspen Formal Comments Maroon Creek Caucus Plan March 2018

This is a summary of the comments received on the Draft Maroon Creek Caucus Plan (the Plan) from the following City departments: City Manager, Utilities, Community Development, Engineering, Parks and Open Space, and Attorneys.

The City’s comments are organized by topic area as shown in the Maroon Creek Caucus Plan. General comments on the over-all plan, process, and big picture issues are listed first.

General Comments: 1. The City-owned parcel along Maroon Creek and Maroon Creek Road, south of the T-Lazy-7 Ranch is an existing, zoned use within the Caucus area. The location of this municipally-owned parcel entitles the City of Aspen to those rights provided to property owners within the Caucus by the Pitkin County Charter. 2. It is the City’s position that nothing in the Plan supersedes or precludes the management and use of water rights held by the City in Maroon Creek. The City’s legal rights to water within the stream are not governed by the Plan. 3. The City of Aspen supports the development of coordinated policies, regulations, and procedures which promote the orderly management of land and development activities within the Aspen Urban Growth Boundary, three-mile planning area (as prescribed in State planning statutes), and Pitkin County. Such a planning framework would help ensure quality planning, climate resilience, and effective resource management for both jurisdictions. 4. It is the City’s position that a framework should be pursued to establish a comprehensive approach to planning in and around the Urban Growth Boundary, including land proximal to the Maroon Creek Caucus boundary, based on the adopted policies of the City of Aspen and Pitkin County. The City does not support the use of IGAs to manage specific planning and development-related issues within the Caucus area, as called for in the Plan. 5. The City does not support policies or implementation measures in the Plan which limit access to, privatize, or undermine the public’s access to and use of public lands in the White River National Forest and Maroon Bells/Snowmass Wilderness Area.

Water Resources and Aquatic/Riparian/Wetland Areas: 1. The Plan should make clear that Maroon Creek is an integral, primary source of water for the City’s municipal water system. The water rights held by the City on Maroon Creek are essential to the current and future capacity and sustainability of the City’s water utility. 2. The Plan should make clear that climate change, not municipal water system uses, will be the primary driver of projected future reduced flows in Maroon Creek. 3. The “Background” provided in the plan is not an official historical record of legal or legislative proceedings, water rights actions, or management decisions made regarding the waters of Maroon Creek. 4. The City does not support policies in the Plan which would preclude or obstruct the expenditure of public funds to improve, maintain, or add capacity to City or County utility infrastructure. “Major public expenditures” will be required throughout the life of the utility system to ensure it meets the current and future demands of its customers. 5. The City strongly supports policies and implementation measures which protect the water quality and quantity of Maroon Creek. 6. The City has already completed the development of a Source Water Protection Plan with CDPHE and supports the Caucus’s participation in its implementation. 7. The City seeks clarification on what constitutes a “trans-basin diversion” within the context of the Plan. No policies should be included which are intended to preclude Aspen’s use of its existing water rights in Maroon Creek. Diversions to serve users with water rights in the Roaring Fork River Basin should be distinguished from diversions to serve users outside of the Roaring Fork River Basin. 8. The designation of the Maroon Bells and the upper valley as a UNESCO World Heritage Site would most likely significantly increase visitation and traffic through the caucus and to the Maroon Bells

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Wilderness. Pursuit of designation should be preceded by serious consideration and stakeholder outreach to ensure proper planning for the significant access and management improvements that would be required to accommodate increased visitation and traffic. The assumption that designation would provide additional protection beyond that provided to Wilderness Areas by the United State Forest Service is not supported by evidence in other jurisdictions.

Scenic Quality: 1. In addition to residential, commercial, and commercial recreational uses, the development of “new, more stringent scenic review standards” (Scenic Quality 1.2.2.a) for development in the Caucus should include consideration of specific standards for Public (PUB) uses. Such consideration would be in recognition of the fact that there is a City-owned PUB parcel within the Caucus area and within view of Maroon Creek Road. Failure to account for this use and parcel in the development of new scenic review standards may conflict with existing uses in the Caucus area.

Air Quality: 1. The City supports collaboration with RFTA and other entities (including the City of Aspen) to promote enhanced multi-modal access to the Maroon Creek valley, including expanded bus service and bike capacity. Such a collaboration may address the shared policy goals of the City and the Caucus to reduce traffic through the Roundabout and control air quality impacts from vehicles. 2. Limiting access to public lands via Maroon Creek Road is contrary to numerous City policies and regulations. (Air Quality 1.3.2.c) Access to the Maroon Creek basin for public use and enjoyment is an important cultural and recreational resource for residents, visitors, the City, and region. 3. Travel and Resource Management Planning processes managed by the United States Forest Service are the appropriate mechanism to plan for and manage access to and travel within the White River National Forest. The City encourages planning efforts to develop a multi-use trail connection between Highlands and the T Lazy-7 Ranch area. 4. Public parking areas, such as that at the Aspen Recreation Center, are not intended to provide traffic circulation for vehicles traveling on Maroon Creek Road. The City does not support the inclusion in the plan of references to the use of the ARC parking lot and circulation areas for the redirection of traffic. (1.3.2.c)

Renewable Energy and Climate Stewardship: 1. The City does not support any policy which would preclude the maintenance or expansion of micro- hydrological renewable energy generation on its property or at the location of other existing city infrastructure within the caucus area. (p. 17, Objective) Given the presence of the existing micro-hydro facility on City-owned land in the Caucus area, it is a misrepresentation to suggest that the location of appropriately-scaled renewable energy facilities are not appropriate in the Caucus area. 2. Given the exemption provided for certain properties within the Caucus area for existing micro-hydro facilities (1.4.4.b), the City requests that its existing facility be acknowledged and exempted in the draft plan. The City is a property owner and caucus member, and its interests and assets should be afforded the same accommodations as other Caucus members and stakeholders. 3. The City supports policies encouraging the use of passive and active solar systems, and policies which discourage the development of large, energy consumptive homes, and other policies encouraging energy and resource efficiency. 4. The City supports Pitkin County’s goal of reducing energy from non-renewable sources 20% by 2020 (1.4.8), and suggests that its micro-hydro facility currently contributes to the County’s renewable energy portfolio. Furthermore, improvements to the efficiency and generation capacity of that facility, which policies in the draft plan would preclude, may assist the County and Caucus in achieving that goal. 5. Any policy related to the management of the RFTA bus system should be considered in close consultation with RFTA. At the time these comments were drafted and to the knowledge of the City, RFTA had not provided written comment on the draft plan.

Climate Change and Preparedness: 1. The City acknowledges and supports statements and policies related to the threats and stressors placed on valley residents by climate change and related hazards. The City supports policies and

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implementation measures that advance the coordination and planning for climate change resilience and ecological conservation and management within the Caucus area. 2. The City seeks clarification on how the Caucus Executive Committee defines “non-essential municipal use.” (1.5.4.a) The City is obligated to provide water service to its users, some of whom reside within the Maroon Creek Watershed. For residents of the City of Aspen and its water service area, the availability of water is essential. Furthermore, The Urban Growth Boundary delineates the areas within which the City and County have agreed that urban-scale development is appropriate. To the extent that growth occurs within or proximal to the City’s water service area, water resources will be needed to accommodate it. Finally, it is established that denser urban development consumes less water per household than suburban and rural development patterns like those found in the Caucus Area. To the extent that the City provided essential water to its residents, it does so more efficiently and with less waste than well-dependent development patterns. 3. The City reserves the right to maintain and develop its water rights to Maroon Creek to serve its residents with essential water service. (1.5.5.b)

Public Lands: 1. Future travel and resource management planning processes conducted by the USFS and other land management agencies will provide opportunity for public comment and participation for all interested parties in the region. The City does not support the introduction of additional review processes for land planning processes or land use applications beyond those prescribed by federal guidelines. (2.1.1 and 2.1.2) 2. The City supports the ongoing access to public lands and resources by the general public. Changes to resource and travel management plans should not restrict access to or use of public lands, including parking areas, trails, and other amenities. In this regard, the City opposes a blanket prohibition of the creation of new trailheads. (2.1.2)

Future Growth, Residential and Commercial: 1. While the City recognizes the Caucus’s ability to adopt policies for land uses within its caucus area, the City does not support the inclusion of policies regarding land uses and planning outside of the caucus area. 2. The City supports the current County TDR program as an effective means of locating new development adjacent to existing development and outside of rural and remote areas. 3. The City does not support the rezoning of its parcel zoned PUB within the Caucus area to RS-G. (2.2.3 and p. 29, Background) The statement that such a rezoning would be “more consistent with intended uses within the Caucus area” misrepresents the current use of the property for micro-hydrological power production. The policy statement also misrepresents the nature of adjacent land uses, which include commercial, agricultural, commercial recreational, and residential uses. No policy or regulation currently adopted by Pitkin County precludes the current use, nor do they suggest that the maintenance of such a use is incompatible with other uses in the Caucus area. Rezoning to RS-G would effectively strip the City of Aspen of any development right associated with the parcel. It is a misrepresentation to state that the parcel “could conceivably be developed with uses or dense development incompatible with the Caucus Area” (p. 25, Background), as the subsequent image “Maroon Creek Caucus Buildout Graphic” indicates that the current zoning does not allow said parcel to be developed with any residential units.

Commercial/Civic/Institutional Uses and Special Events: 1. The City is unclear as to what “danger” it poses to the caucus area and suggests using an alternative term. (p. 26, Background) 2. The City does not support the request to not allow any road closures to Maroon Creek Road for special events. (2.3.4.e)

Infrastructure and Essential Community Facilities: 1. Travel and resource management, including the issuance of use permits, restrictions on modes of travel, and the location of trailheads and parking areas accessing public lands should be conducted by the USFS in accordance with current guidelines.

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2. The City supports a separated bike path in the Caucus area. Any opportunity to provide both bicyclists and pedestrians with a grade-separated trail and separates these users from the roadway improves safety for both trail users and vehicular traffic. The City Parks Department supports planning efforts to develop a multi-use trail connection between Highlands and the T Lazy-7 Ranch area.

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City of Aspen Formal Comments Maroon Creek Caucus Plan Compiled by Phillip Supino, Principal Long-Range Planner January 2018

This is a summary of the comments received on the Draft Maroon Creek Caucus Plan from the following City departments: City Manager, Utilities, Community Development, and Attorneys. The City has referred the Plan to City Engineering for additional comments. Those will be provided to County Planning when they are available.

The City suggests that the following organizations and agencies be provided an opportunity comment on the entirety of the Plan: RFTA, CDOT, Holy Cross Energy, Aspen Ski Company, White River National Forest - Aspen Ranger District.

The City’s comments are listed below, organized by topic area within the Maroon Creek Caucus Plan. General comments are listed first.

General Comments: • It is the City’s position that nothing in the Plan supersedes or precludes the management and use of water rights held by the City in Maroon Creek. The City’s legal rights to water within the stream are not governed by the Plan. • It is the City’s position that this Caucus Plan is not a binding planning or regulatory document under the County’s 1041 regulatory powers, and, therefore, is not admissible in current or future legal proceedings related to the maintenance, acquisition, or development of City-owned water rights in Maroon Creek. • The City of Aspen supports the development of policies, regulations, and procedures which promote the orderly development of land and extension of utility services within the Aspen Urban Growth Boundary, three-mile planning area (as prescribed in State planning statutes), and Pitkin County. Such a planning framework would help ensure quality planning, climate resilience, and effective resource management for both jurisdictions. • The City does not support policies or implementation measures in the Plan which limit access to, privatize or undermine the publics access to and use of public lands in the White River National Forest and Maroon Bells/Snowmass Wilderness Area.

Water Resources and Aquatic/Riparian/Wetland Areas: • The City seeks clarification on how the Caucus Executive Committee defines “industrial water projects” and “industrial-scale water projects” as used in the Plan. • The Plan should make clear that Maroon Creek is an integral, primary source of water for the City’s municipal water system. The water rights held by the City on Maroon Creek are essential to the current and future capacity and sustainability of the City’s water utility. • The Plan should make clear that climate change will be the primary driver of projected future reduced flows in Maroon Creek. • The “Background” provided in the plan is not an official historical record of legal or legislative proceedings, water rights actions, or management decisions made regarding the waters of Maroon Creek. • The City does not support policies in the Plan which would preclude or obstruct the expenditure of public funds to improve, maintain, or add capacity to City or County utility infrastructure (p. 7, #3). “Major public expenditures” will be required throughout the life of the utility system to ensure it meets the current and future demands of its customers. • The City strongly supports policies and implementation measures which protect the water quality and quantity of Maroon Creek. • The City has already completed the development of a Source Water Protection Plan with CDPHE and supports the Caucus’s participation in its implementation. • In the Background section, (page 4, line 3) it is stated that Maroon Creek drains into the Roaring Fork River “on the northeast edge of town.” This should be “on the northwest edge of town.”

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• The City seeks clarification on what constitutes a “trans-basin diversion” within the context of the Plan. No policies should be included which are intended to preclude Aspen’s use of its existing water rights in Maroon Creek. Diversions to serve users with water rights in the Roaring Fork River Basin should be distinguished from diversions to serve users outside of the Roaring Fork River Basin. • The phrase “…to protect our caucus area…” (p. 9, bullet point #1) is unclear. The City seeks clarification as to the intent of this policy statement. • The assumption that designation as a UNESCO World Heritage Site would provide additional protection for the area is not supported by evidence in other jurisdictions. The protections afforded by treaties are limited, while designation of the Maroon Bells and the upper valley would most likely significantly increase visitation and traffic through the caucus and to the Maroon Bells Wilderness. Pursuit of designation should be preceded by serious consideration and stakeholder outreach to ensure proper planning for the significant access and management improvements that would be required to accommodate increased visitation and traffic.

Scenic Quality: • The City supports policies intended to preserve the scenic quality of the Maroon Creek Caucus Area, including night sky preservation, fencing restrictions, low-impact site design, and natural screening. • The City seeks clarification on how the Caucus Executive Committee defines “critical scenic area.” The county land use code currently provides scenic view protection, See, Section 7-20-120. Does the term used refer to a specific designation from another organization or agency?

Air Quality: • The City generally supports policies and measures to protect and improve the air quality of the Maroon Creek valley. This includes appropriate land use, transportation, and environmental planning. This does not include attempts to limit access to public rights-of-way and lands within the caucus area. • The City supports collaboration with RFTA and other entities to promote enhanced multi-modal access up the Maroon Creek valley, including expanded bus service and bike lanes. • Limiting access to public lands via a public right of way is contrary to numerous City policies and regulations. (p. 11, bullet point #5) Access to the Maroon Creek basin for public use and enjoyment is an important cultural and recreational resource for residents and visitors and the City and region. The USFS should be consulted regarding access and travel management planning for its assets. • Public parking areas, such as that at the Aspen Recreation Center, are not intended to provide traffic circulation for vehicles traveling on Maroon Creek Road. • The City suggests that no policy effecting land or assets of Aspen Skiing Company be included in the Plan without the participation of Ski Co.

Renewable Energy and Climate Stewardship: • The City does not support any policy which would preclude the maintenance or expansion of micro- hydrological renewable energy generation on its property within the caucus area. (p. 12, Objective) • The City supports policies encouraging the use of passive and active solar systems in structures. • The City supports policies which discourage the development of large, energy consumptive homes, and other policies encouraging energy and resource efficiency.

Climate Change and Preparedness: • The City acknowledges and supports statements and policies related to the threats and stressors placed on valley residents by climate change and related hazards. • The City supports policies and implementation measures that advance the coordination and planning for climate change resilience and ecological conservation and management within the Caucus area. The City encourages the addition of policies which encourage Pitkin County to coordinate climate resiliency planning with City processes already under way. • The City seeks clarification on how the Caucus Executive Committee defines “excessive municipal use.” (p. 15, bullet point #3, subpoint #1) The City is obligated to provide water service to its users, some of whom reside within the Maroon Creek Watershed. The Urban Growth Boundary delineates the areas within which the City and County have agreed that urban-scale development is appropriate.

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To the extent that growth occurs within or proximal to the City’s water service area, water resources will be needed to accommodate it.

Public Lands: • The City supports access to and effective management of public lands within the Caucus area. • Future travel and resource management planning processes conducted by the USFS and other land management agencies will provide opportunity for public comment and participation for all interested parties in the region. The City does not support the introduction of additional review processes for land planning processes or land use applications beyond those prescribed by federal guidelines. • The City supports the ongoing access to public lands and resources by the general public. Changes to resource and travel management plans should not restrict access to or use of public lands, including parking areas, trails, and other amenities. In this regard, the City opposes a blanket prohibition of the creation of new trailheads. (p. 18, bullet point #5)

Future Growth, Residential and Commercial: • While the City recognizes the Caucus’s ability to adopt policies for land uses within its caucus area, the City does not support the inclusion of policies regarding land uses and planning outside of the caucus area. • The City supports the current County TDR program.

Commercial/Civic/Institutional Uses and Special Events: • The City is unclear as to what “danger” it poses to the caucus area and suggests using an alternative term. (p. 22, ppg. 4)

Infrastructure and Essential Community Facilities: • Travel and resource management, including the issuance of use permits, restrictions on modes of travel, and the location of trailheads and parking areas should be conducted by the USFS in accordance with current guidelines. • RFTA should be provided opportunity to comment on and participate in the development of policies related to services within the caucus area. (p. 26, bullet point #1, subpoint #3) The City opposes limiting the time for departure of vehicles from the Bells. (p. 26, bullet point #1, subpoint #3.) This would have significant impact on campers and hikers who arrived prior to 8 am and wish to depart during the times provided. • CDOT and City Engineering should be provided opportunity to comment on and participate in the development of policies related to traffic management and access on rights-of-way within their respective jurisdictions.

Utilities: • The City does not support the inclusion of policies calling for agreements limiting its use of land use authorities granted by the State of Colorado. (p. 27, bullet point #2)

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Ellen Sassano

One City Council Member's perspective on our Maroon Creek Caucus master plan

MARCELLA LARSEN Wed, Apr 4, 2018 at 6:32 PM To: MAROON CREEK CAUCUS Cc: Adelaide Waters , Anthony Sears , Aspen DeCew , Barbara L Conviser , Ben Larsen , Ben Pritzker , Besha Deane , Besha Deane , Blair Willcox , Carlie Siemel , Cindy Houben , Dale Will , Danielle Hake , David Dagwood Neal , David Corbin , David Richards , "[email protected]" , Donna Ward , Ellen Sassano , Gary Tennenbaum , Jack Johnson , Jason Ludington , Jennifer Mizel , "[email protected]" , Jesse Deane , "[email protected]" , Joanna Schaffner , "[email protected]" , Kimberly Rehfuss , Kimberly Rehfuss , Kit Bulkley , "[email protected]" , Marcella Larsen , Marcella Larsen , Margot Pritzker , Maroon Creek Caucus Members , Michael Eklund , Michael Waters , Mike Kaplan , "[email protected]" , Pauline Pitt , Phillip Supino , Rana Dershowitz , "Richard E. Burkley" , Richard Neiley , Rick Deane , Ryan Jervis , "[email protected]" , Stan Clauson , Suzanne Wolff , Tom Pitzker , Tom Ward , "Tracy and Dr. Michael Eklund" , V Guenther , Vida Snook Ludington , Wendy Larsen , Will Roush

Hello All:

In connection with our meeting tomorrow night, I wanted to let you know that I received comments from sitting Aspen councilman Bert Myrin regarding our master plan (see below). I read his comments as supportive of what we are trying to do regarding rural land preservation and other goals of our plan.

See you all (or some of you) tomorrow night.

Marcella Larsen Moderator, Maroon Creek Caucus

From: Bert Myrin Date: April 4, 2018 at 4:25:34 PM MDT To: Jessica Garrow Cc: Jim True , Andrea Bryan , Steve Barwick , David Hornbacher , Margaret Medellin , Jeff Woods , Austin Weiss , Phillip Supino , Scott Miller Subject: Re: Maroon Creek Caucus Update

Hi Jessica and Phillip,

Thanks for the opportunity to comment on the Maroon Creek Caucus master plan.

Through my involvement in the Aspen Area Community plan, I believe it is critical both to our Aspen economy and also the sustainability of our future development to preserve the rural areas of Pitkin County—particularly the entry to the Maroon Bells/Snowmass Wilderness area.

I feel strongly that the City should support the Maroon Creek Caucus effort to preserve the rural environment. The City comments appear more concerned with future water development plans than a policy driven approach to master planning. Although we are landowners within the caucus boundaries, I do not think it is appropriate for us to insist we retain development rights for the small parcel we bought from the Deanes.

Regarding the City’s desire to construct more bike paths, I am not sure that is the right solution for the upper portion of Maroon Creek Road, which is outside of our jurisdiction. Instead, I suggest we collaborate with the caucus, Pitkin County, RFTA and other interested parties to come up with solutions to the often conflicting uses of this area. I do not understand why the City has taken such a negative tone with the caucus regarding management of access to this wilderness area.

I can’t see how The City can claim to be “green” and environmentally concerned, while making complaints about the caucus language regarding scenic quality, air quality and renewable energy and climate stewardship. Regarding hydro projects on Maroon Creek, and perhaps the desire to expand on Aspen’s part, I do not support that direction and neither do the voters.

Vague references to being in support of the County TDR program suggest to me that we support big homes in the caucus area. I don’t.

I am unsure why the City opposes cooperation with Pitkin County via IGAs. I would like to see the City work with Pitkin County and Snowmass on a carrying capacity plan for the area up valley of the Intercept Lot. Until more clarity exists on buildout, I am uncomfortable with the City submitting comments opposing parts of the Maroon Creek Caucus master plan for an area I think should remain as rural as possible. Thank you. Bert Attachment F

February 11, 2018 To: Ellen Sassano, Senior Long Range Planner, Pitkin County Community Development From: Karen Schroyer, District Ranger, Aspen-Sopris Ranger District, White River National Forest Re: Maroon Creek Caucus Draft Master Plan

Thank you for the opportunity to review and comment on the Maroon Creek Caucus Draft Master Plan. We are pleased to see the Caucus take an active role in preserving the unique cultural and scenic values of the Maroon Creek corridor.

All National Forest System lands within the Maroon Creek drainage are under federal jurisdiction and permittees operating under special use permits on the White River National Forest are subject to federal laws, regulation, and policies under the National Forest System. The White River National Forest recommends pulling National Forest System Lands out of the Caucus Area. We look forward to collaborating with the Maroon Creek Caucus on Decisions that will have an impact on the residents of the Caucus. Section 1.2 – Scenic Quality:

Ski Area activity and development is subject to Master Plans approved by federal, county and city regulations, and are not subject to other advisory boards. The White River National Forest recommends pulling Ski Area boundaries out of the Caucus Area. Section 1.3 – Air Quality:

The White River National Forest does not support the proposal that traffic on Maroon Creek Road should be stopped at Highlands, with access restricted to residents and the public turned around preferably through Highlands. Maroon Creek road is the public access route to the Maroon Bells Scenic Area, and also accesses several trailheads leading into the popular Maroon Bells-Snowmass Wilderness on the White River National Forest. The White River National Forest has been partnering with RFTA and Aspen Highlands for decades to provide public transportation to the Bells seven days/week from mid-June through Columbus Day each year. Buses run between the hours of 8:00 AM and 5:00 PM and with a few exceptions, visitors are required to ride the bus during these hours. Currently, a group of multiple stakeholders, including RFTA, Aspen Skiing Company, Pitkin County, the city of Aspen, and the White River National Forest, are working together to develop a longer term transportation plan for the Maroon Creek corridor, with the goal of relieving traffic congestion along the road. We invite the Maroon Crook Caucus to join this stakeholder group to be part of a long term solution to the congestion problems while still providing public access to the National Forest.

Section 2.1 – Public Lands:

The White River National Forest does not support the Caucus proposal for additional review processes on National Forest System Land. All proposals having significant impact on National Forest are subject to the National Environmental Policy Act (NEPA) process and public involvement and comment periods. Caucus members are invited to comment on any proposals during formal comment periods, and the Forest will strive to collaborate with the Caucus on all Decisions that impact residents of the Maroon Creek corridor.

The White River National Forest does not support IGA’s requiring joint review of any proposed development of public lands within the Caucus Area. The Forest, Pitkin County, and City of Aspen all have separate review processes with different requirements under various federal and local laws. A joint review of proposals on public land is not necessary and will only add a layer of unnecessary bureaucracy. The Forest is currently working with Pitkin County and the city of Aspen on a number of public land proposals that impact across jurisdictional boundaries and we will continue to work collaboratively with all local governments.

Section 2.3 – Commercial and Special Events:

The White River National Forest does not support the prohibition of new commercial uses, including winter use permits on National Forest System Lands. The Forest has an extensive screening and analysis process that must be completed prior to approval of any new Outfitter & Guide services, Recreation Events, and other Lands Special Uses. Decisions will be made in compliance with the Forest’s Land and Resource Management Plan, policies and regulations, and will be at the local Line Officer’s discretion.

2.4 - Mining Claims and Mineral Development:

The White River National Forest does not support the caucus proposal to amend state and federal laws to enable local regulation of mining operations. Mining operations on National Forest System Lands are governed under the federal mining laws and the General Mining Act of 1872. 3.0 Infrastructure and Essential Community Facilities:

We are concerned with the Caucus statement that “bike paths will not solve existing safety issues and are therefore opposed.” We believe there is much more analysis and collaboration that must take place among all stakeholders before assuming that a bike path will not resolve some of the safety issues along the Maroon Creek road. We would like the stakeholders including the Caucus, to look at all options for reducing safety risks along the road.

The White River National Forest does not support prohibiting new trailheads and associated parking. While we have no current plans to install new trails, trailheads, or additional parking on National Forest within the Maroon Creek drainage, there may be a future need to re-locate or add new trailheads, reroute or add new trails, and additional parking. Decisions on future actions will be made after environmental and social analysis under the National Environmental Policy Act, including formal public comment opportunities.

TO: Ellen Sassano, Senior Long Range Planner, Pitkin County Community Development

FROM: Jessie Young, Environmental Planner

CC: Gary Tenneenbaum, Pitkin County Open Space and Trails Director

RE: Maroon Creek Caucus Master Plan, 2017 Referral Comments

DATE: January 15, 2018

Pitkin County Open Space and Trails appreciates the opportunity to review the Maroon Creek Caucus Master Plan, 2017 Draft and offers the following comments as the plan relates to open space and trails within Pitkin County. We understand that the P&Z is reviewing the draft plan in a work session and that there will be an additional opportunity to comment prior to the plan’s adoption. As noted in section 2.2 of the Plan, Pitkin County currently has only one conservation easement within the Maroon Creek Valley, the Guenther Larsen Urschel easement, acquired in 2001, which protects approximately 14 acres of land across from Highlands Village. OST does not have any fee simple parcels within the valley, which quickly transitions to Forest Service lands after the T-Lazy7 Ranch. Open Space and Trails works closely with the USFS on many natural resource and recreation issues on their lands within Pitkin County. OST supports the focus of the plan to protect the rural character of the Maroon Creek Valley and its natural and environmental resources. The following comments were drafted by staff and reviewed and updated by the Open Space and Trails Board at their January 11th board meeting.

Section 2.2 Future Growth, Residential and Commercial

The draft plan states that “Because significant development rights exist on a few properties, zoning and conservation measures should be implemented to ensure the entrance to the Maroon Bells/Snowmass Wilderness Area is preserved. The County should work with landowners to accomplish this policy.” Open Space and Trails is happy to work with landowners on conservation measures to protect lands that support the program’s mission.

Section 3.1 Infrastructure and Essential Community Facilities

There are two policies listed in this section that OST would like to see revised to allow greater flexibility to adjust to future changes or needs that are unforeseen in the current planning context.

The second bullet under “Keep the rural character of the planning area intact” identifies “Prohibiting new trailheads and parking areas on publicly owned land” (pg 23) as an implementation step. OST would like to see the language revised so that these potential community amenities on public lands are not expressly prohibited within the planning area. Consider language such as, “Any new trailheads or parking areas that may be needed in the future shall be responsibly developed when needed to respect and preserve the rural character of the planning area.” These amenities on public lands may be needed in the future and are part of the USFS’s and other landowners’ responsibility to sustainably manage the use of public lands.

In general, the plan could have a more positive approach to biking and other non-motorized transportation modes. The language in the fourth bullet, “Maintain upper Maroon Creek Road in its current condition, allowing minimal improvements as necessary for safety,” may be too limiting. The safety needs of the road may require changes to its current condition that can still be compatible with maintaining the rural character of the planning area. There may be improvements such as bike lanes that would enhance safety of the road that would be precluded from consideration based on this wording.

Under the Policy “Improve Safety on upper Maroon Creek Road,” the plan states, “Bike paths will not solve the existing safety issues and are therefore opposed” (pg 24). This may be a premature statement and without studies of the safety concerns or issues, OST does not believe that specific solutions or infrastructure improvements should be removed from future consideration at this time. It should be noted that the existing Highlands Trail was a joint City of Aspen and Pitkin County project; at the time the project was implemented, a potential extension of the trail to the Maroon Bells Gate was being considered.

OST would like to see the addition of language in the plan to support a pedestrian or hiking trail from Highlands to the Forest Service gate. Currently, pedestrians including walkers, runners and hikers, are limited to using the roadway; however, alternative platforms exist that could be utilized for this purpose in the future.

March 8, 2018

Ellen Sassano, Sr. Long Range Planner Pitkin County Community Development Department 130 S. Galena Street Aspen, CO 81611

RE: Pitkin County’s Healthy Rivers Board Comments - Maroon Creek Caucus Master Plan

Dear Ms. Sassano:

At its February 15, 2018 regular meeting the River Board reviewed the draft Maroon Creek Caucus 2017 Master Plan, specifically the Water Resources and Aquatic Riparian Wetlands Areas Section.

Please see our recommended edits and comments in red.

Objectives. Policy 7 and Implementation Section 1. Environment 1.1 WATER RESOURCES AND AQUATIC/RIPARIAN WETLAND AREAS

Page 6 Policy and Implementation.

Bullet 4 Delete “Where Necessary” To protect resources and/or riparian habitat, development in areas adjacent to water bodies, functional irrigation ditches and natural watercourse areas required County land use code setbacks should be enforced.

Bullet 8 Efficient use of water by irrigators, homeowners, agricultural users and other water users to conserve water along with the adoption of an appropriate efficiency measures and programs to protect healthy flows in our creeks is encouraged. Also, encourage the installation and use of efficient irrigation systems for both homeowners and agricultural users.

MCCMP COMMENTS PAGE 2

Page 7 Bullet 3 Prohibit water impoundments and diversions above T- Lazy 7, such as ponds.

Preserve water quality and the citizens’ rights to minimum stream flow of 14 c.f.s., while still allowing existing water uses by Caucus landowners and residents.

Bullet 2 Add the word Board to CWCB. Pitkin County can monitor in stream flows without entering into an IGA with the CWCB.

Bullet 6 Support the purchase of water rights from water rights holders and donation of those rights to the CWCB for the benefit of aquatic and riparian ecosystems.

Other than these specific comments, we support the Caucus’ draft plan Water Resources and Aquatic/Riparian Wetland Areas section policies and applaud its efforts to protect instream flows and riparian habitats.

Thank you for the opportunity to submit comments.

Sincerely,

Bill Jochems Chairman

123 Emma Road Suite 204 Basalt Colorado 81621 970.920.5190 pitkincounty.com/healthyrivers Ellen Sassano

Fwd: Maroon Creek Caucus plan

Thu, Apr 5, 2018 at 11:54 MAROON CREEK CAUCUS AM To: Adelaide Waters , Anthony Sears , Aspen DeCew , Barbara L Conviser , Ben Larsen , Ben Pritzker , Besha Deane , Besha Deane , Blair Willcox , Carlie Siemel , Cindy Houben , Dale Will , Danielle Hake , David Dagwood Neal , David Corbin , David Richards , "[email protected]" , Donna Ward , Ellen Sassano , Gary Tennenbaum , Jack Johnson , Jason Ludington , Jennifer Mizel , "[email protected]" , Jesse Deane , "[email protected]" , Joanna Schaffner , "[email protected]" , Kimberly Rehfuss , Kimberly Rehfuss , Kit Bulkley , "[email protected]" , Marcella Larsen , Marcella Larsen , Margot Pritzker , Maroon Creek Caucus Members , Michael Eklund , Michael Waters , Mike Kaplan , "[email protected]" , Pauline Pitt , Phillip Supino , Rana Dershowitz , "Richard E. Burkley" , Richard Neiley , Rick Deane , Ryan Jervis , "[email protected]" , Stan Clauson , Suzanne Wolff , Tom Pitzker , Tom Ward , "Tracy and Dr. Michael Eklund" , V Guenther , Vida Snook Ludington , Wendy Larsen , Will Roush

Dear Caucus,

Forwarding a letter from Caucus member, Wendy Larson...

------Forwarded message ------From: Wendy U. Larsen <>[email protected] Date: Thu, Apr 5, 2018 at 7:11 AM Subject: Maroon Creek Caucus plan To: "[email protected]"

Dear Maroon Creek Caucus:

While I have not personally attended a caucus meeting within the last year, and will not be able to vote by proxy, I have been following the progression of the master plan process, and all of the drafts you have supplied to caucus members and second-home owners like me. I applaud your effort, and as someone who is a land use professional involved with comprehensive/master plans in multiple-jurisdictions, I believe you have done an excellent job encapsulating the important issues for this critical valley.

I wholeheartedly support the adoption of the Maroon Creek master plan.

Thank you for your hard work,

Wendy Urschel Larsen

Wendy U. Larsen | Director G R A Y | R O B I N S O N

Mizner Park Office Tower | 225 N.E. Mizner Blvd., Suite 500 | Boca Raton, Florida 33432 T: 561-368-3808 | F: 561-368-4008 E-mail | Website | Bio | vCard

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This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney- client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. Attachment J ADDENDUM TO APRIL 17, 2018 PLANNING COMMISSION MEMO

Regarding Master Plans as a Tool: Staff has found that citizens have come to appreciate the effectiveness of having a Land Use Master Plan as a tool to influence revisions to Pitkin County Land Use Code policies and regulations in order to achieve Plan goals. Preservation of rural character, open space and wildlife habitat continue to be common goals that have persisted through several plan updates in each respective Caucus through the years. To a great extent, the County has used Master Plan direction as a basis for implementing a wide palette of planning tools to facilitate preservation of rural character and open space, among other community goals. The amazing amount of citizen time and effort expended on these Plans is sincerely appreciated by the Community Development Staff.

Background Regarding Preparation for the Master Plan Updates: To inform Master Plan update efforts in the rural County area, Community Development provided existing conditions for buildout by Caucus area based on current zoning. Community Development also provided a summary of land use-related topics that have become relevant since the current Caucus master plans were last adopted, in 2003. Round- table meetings for all of the rural Master Plan areas in Pitkin County were held in March and July, 2015. Each Caucus shared their draft Plan concepts, thoughts and language changes with one another, which ultimately resulted in some consistency between plans as well as refinement of topic areas to address nuances, physical attributes and philosophies of each respective Caucus area.

Process: State statute gives the Pitkin County Planning & Zoning Commission (P&Z) the final authority to review and adopt Land Use Master Plans and their subsequent updates. The P&Z is also responsible for updating the Pitkin County Comprehensive Plan which will consolidate common themes identified in Neighborhood/Caucus Master Plans. The Comprehensive Plan will provide the overall framework and approach for planning in rural Pitkin County, and the Neighborhood/Caucus Plans will provide detail for specific areas.

The Planning & Zoning Commission reviewed and adopted four Master Plan updates in 2016 and two in 2018. The following review process was used in 2016 and will continue to be used for consistency, until adoption of all of the Caucus Plan Updates is complete in 2018:

1. Upon Plan submittal, informal Planning Commission meetings (worksessions) are scheduled to allow the P&Z to review each draft neighborhood plan and provide respective caucuses with feedback and direction. 2. Upon Caucus completion of agreed-upon Plan revisions, the P&Z reviews each of the plans for adoption at one or more noticed public meetings, ultimately tying them together with a Comprehensive Overview Plan for Rural Pitkin County. (The existing overview plan can be found on line at http://www.pitkincounty.com/224/Adopted-Master-Plans).

How (and by Whom) the Maroon Creek Caucus Master Plan will be Used: Pitkin County recognizes the Maroon Creek Caucus Master Plan as described below: As stand-alone documents, Master Plans are advisory rather than regulatory documents, providing guidance to the general public, appointed and elected officials regarding land use matters. They will be used by the County as guidance in the development of land use policies and regulations. They will also be used as guidance to help understand community needs as the County develops annual Department budgets and work plans. Under the following circumstances, by reference in the County Land Use Code, master plans have the force of law and play a regulatory role: All land use applications are subject to the Policies in the Land Use Code, including one (section1-60-20) that says “It is…policy…. to ensure that the use and development of land…and any actions committing such land to development or change in use should consider Pitkin County’s Comprehensive Plan” The County Land Use Code specifically requires consideration of Comprehensive Plans as a criterion of approval for certain types of land use reviews (including special review, location and extent review, code amendments, rezoning, activities of local and state interest, and growth management exemptions). Reference to Comprehensive Plans in the Land Use Code as a basis for reviewing and taking action on a land use application has the force of law, and where such reference is made, Comprehensive Plans may be used accordingly.

Attachment K RESOLUTION OF THE PITKIN COUNTY PLANNING AND ZONING COMMISSION ADOPTING THE MAROON CREEK CAUCUS MASTER PLAN

Resolution No. PZ 2018-

RECITALS 1. By State statute, the Pitkin County Planning and Zoning Commission (P&Z) has the responsibility and the authority to adopt master plans for Pitkin County.

2. Adopted plans are used by the public, appointed and elected officials as a guide in consideration of County-wide land use related policies, as well as future land use designations, planning issues and development proposals within the Plan area boundaries.

3. The Pitkin County Land Use Code specifically requires consideration of master plans as a criterion of approval for certain types of land use reviews (including, but not limited to special review, location and extent review, code amendments, rezoning, activities of local and state interest, and growth management exemptions).

4. Recommendations made within all of the respective Caucus/Neighborhood master plans will be considered by appointed and elected officials in the context of consistency with over- arching County land use policies and programs, and broader community goals, including but not limited to infrastructure and essential community facility needs. If a determination is made by the elected and/or appointed officials that a plan recommendation is inconsistent with broader community goals and does not benefit the community as a whole, such recommendation may be considered, but not implemented.

5. All of the respective Pitkin County Caucus/neighborhood plan updates will be adopted by the Planning & Zoning Commission separately. At such time as all of the plans have been adopted, they will be reviewed as a whole to ensure that there are no inherent conflicts that will impair the County’s ability to achieve overarching community goals, land use policies and functional needs. Subsequently, the P&Z will identify and consolidate common plan themes in an update to the 2003 Overview of the Pitkin County Comprehensive Plan. The Comprehensive Plan will provide the overall framework and approach for planning in rural Pitkin County, and the neighborhood plans will provide detail for specific areas.

6. The Maroon Creek Caucus Land Use Master Plan was prepared by the Maroon Creek Caucus Master Plan Committee with assistance from the Pitkin County Community Development Department and input from interested members of the public who reside in, or have business interests in the Maroon Creek Caucus area, as depicted on the attached map (Exhibit B.)

7. The Pitkin County Planning and Zoning Commission reviewed the plan at a worksession, which was a public meeting on February 20, 2018, and at a duly noticed public hearing on April 17, 2018, at which time public comment was heard with respect to the Master Plan. P&Z Resolution No. 2018- 2

NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Planning Commission that it does hereby adopt the Maroon Creek Caucus Land Use Master Plan, attached as Exhibit “A.”

NOTICE OF PUBLIC HEARING PUBLISHED in The Aspen Times Weekly on the th day of , 2018.

APPROVED AND ADOPTED on the 17th day of April, 2018.

PITKIN COUNTY PLANNING AND ZONING COMMISSION

By Jeffrey Conklin, Chair Date ATTEST:

Bonnie Shiles, Administrative Assistant

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

John Ely, Cindy Houben, County Attorney Community Development Director