HomeMy WebLinkAboutMitch Memo
haas land planning, llc
• 420 E. main Street, Suite 220 • Aspen, Colorado • 81611 •
• Phone: (970) 925-7819 • mitch@hlpaspen.com •
February 15, 2018
Ms. Jessica Garrow, Director
City of Aspen Community Development Department
130 South Galena Street
Aspen, CO 81611
RE: Maroon Creek Club Temporary and Seasonal Use Permit
Dear Jessica:
Please consider this letter and the attached exhibits as an application for Temporary Use Approval to authorize special event tents being put up at various specified times throughout the year at the Maroon Creek Club. The property is located at 10 Club Circle and its Parcel Identification Number is 2735-112-09-053.
This application is submitted pursuant to the following sections of the Aspen Land Use Code (hereinafter the Code): 26.450, Temporary and Seasonal Uses; and 26.470.090.I, GMQS-Temporary Uses and Structures. For the reviewer’s convenience all pertinent supporting documents relating to the proposal are provided in the various exhibits to the application, as follows:
Exhibit 1: Proof of the Applicant’s Ownership;
Exhibit 2: Pre-Application Conference Summary prepared by Jim Pomeroy;
Exhibit 3: Authorization for Haas Land Planning, LLC (HLP) to represent the applicant;
Exhibit 4: Vicinity Map;
Exhibit 6: Land Use Application, Dimensional Requirements, and HOA Compliance Policy forms;
Exhibit 7: An executed application fee agreement; and
Exhibit 8: Mailing addresses of record for all property owners located within 300 feet of the subject property
In addition, diagrams (Diagrams A through D) and a schedule of tented events prepared by the applicant accompany this application.
The applicant has attempted to address all relevant provisions of the Code and to provide sufficient information to enable a thorough evaluation of the application. Nevertheless, questions may arise which require further information and/or clarification and, upon request, Haas Land Planning, LLC will gladly provide such additional information as may be required.
Background and Existing Conditions
Final Plat approval for the Maroon Creek Club was granted pursuant to the Pitkin County Board of County Commissioners (BOCC) Resolution No. 93-104. The project was approved as a residential and golf course development consisting of single-family homes, multi-family homes, employee housing, golf course facilities and the golf course. The golf club development included an 18-hole course, a driving range, a practice green, a snack bar, a golf cart storage and maintenance building, parking, and additional commercial square footage for the Grand Champions Club. The property has since been annexed into the City of Aspen, yet the approvals and associated limitations adopted by the BOCC remain in effect.
When approved, the total property consisted of approximately 369 acres, located north and west of Maroon Creek, on both sides of the highway and included portions of the Buttermilk ski area (on the Tiehack side). The BOCC Resolution and associated PUD Guide outlines the golf club square footage as follows:
A halfway house/snack bar of no more than 1,200sf on the golf course;
An 8,000 square foot golf cart storage and maintenance building;
159 additional parking spaces at the Grand Champions Club; and
20,900 square feet of additional commercial square footage to the Grand Champions Club.
The Proposal
The Maroon Creek Club conducts events for its members throughout the year, and many such events require a temporary tent to be erected on the property. These events include the Member Holiday Party, the Member Golf Tournament, the Summer Kickoff Party, and a 4th of July Party.
More specifically, the currently proposed tent use is as follows:
One 40’ x 50’ free-standing frame tent on the lawn adjacent to the main dining room from June 23rd through July 5th, which dates include the Golf Tournament, Summer Kickoff Party, and the 4th of July party (13 days) (see Diagram B, Lawn Tent);
One 40’ x 20’ open-sided buffet frame tent adjacent to the Swimming Pool for a 4th of July family-style buffet from July 3rd-5th (3 days, same days as above) (see Diagram D);
Four 20’ x 20’ tents plus two 8’ clear walls from June 27th through July 9th to enclose the patio area surrounding the main dining room (13 days with 9 days being the same as above) (see Diagram B);
One 20’ x 20’ tent closest to the pro shop to remain in place for the rest of the summer so as to accommodate lunch and dinner volume from July 10th through September 10th (63 days) (see Diagram B, but only that portion showing 20’x20’ tent immediately adjacent to the Pro Shop);
Three additional 20’ x 20’ tents plus two 8’ clear walls from July 26th through August 6th to enclose the patio that surrounds the main dining room for the member-guest golf tournament and ongoing lunch and dinner service (12 days) (see Diagram B);
One 40’ x 60’ frame tent on the lawn adjacent to the dining room patio from August 1st through August 5th for the opening dinner and closing lunch during the golf tournament, as well as a place for the golfers to gather in the event of bad weather (5 days) (see Diagram B);
4 tents of various sizes on the Club’s driving range for the ThinkBig Weekend from September 11th through September 22nd (12 days) (see Diagram C); and,
Two 20 x 20 tents, plus one 8’ clear wall for the patio overhang, on the dining room patio for three (3) days in December, for the Member Holiday Party (see Diagram A).
The general location of each proposed tent is illustrated on the map provided below. Since it is anticipated that the seasonal use of the tents on the Lawn and Patio areas are expected to continue on a reoccurring basis for the foreseeable future, the Applicant requests that the City Council approve a minimum of five (or up to ten) annual recurrences of the entire schedule, as permitted by Code Section 26.450.050.
Review Requirements
Temporary and Seasonal Uses
The applicable review requirements for temporary uses are found in Section 26.450.030 of the City of Aspen Municipal Code (the “Code”). The proposal’s compliance with the review criteria is demonstrated below.
When considering a development application for a temporary use or an insubstantial temporary use, the Community Development Director or City Council shall consider, among other pertinent factors, the following criteria as they or any of them, relate thereto:
The location, size, design, operating characteristics and visual impacts of the proposed use.
Approximate Area for All Proposed Tent Locations
The lawn tent (see Diagram B) will measure approximately 2,000-2,400 square feet and will only be in place for a total of 13 days annually. The other proposed tents, along with the existing roof overhang projections, will be enclosing the patio area immediately off the main dining room at the rear of the Grand Champions Club building; there will be four 20’ x 20’ tents (see Diagram B) for 13 days, and only one 20’ x 20’ tent tucked between a corner of the building and an extended roof overhang for the rest of the summer. In December, there will be only two 20’ x 20’ tents for three days. The 20’x40’ poolside tent (see Diagram D) will be used for only three days during the time that the lawn tent would be up. The Diagram C tents at the driving range would be standing for only the twelve days of the ThinkBig event in September.
The visual impacts associated with these tents will be minimal as all proposed locations are interior to the Maroon Creek Club property and its existing facilities. Given this location internal to the Club grounds, the operating characteristics will be negligibly different than current Club operations serving the outdoor patio, swimming pool, and adjacent areas; that is, all service and operating needs will continue to be met by the existing Club building and its interior facilities. Other than the 12 days with up to 4 tents of various sizes out by the driving range for the ThinkBig event, the remaining tent requests involve only areas that are immediately behind the main club building, between the structure and the club’s fenced tennis courts, and adjacent to its swimming pool area. These areas are surrounded and largely enclosed by mature trees and landscaping. This general area where the various proposed tents will be contained is depicted by the red outlines shown on the aerial vicinity map, above.
The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity.
Tents have been erected in these locations in the past with no known adverse impacts to the character of the Club or the immediate vicinity thereof. The tents are temporary in nature, and are consistent with the operation of a golf club and restaurant. The proposed tents do not change the existing use of the property, its density, its structures or its character.
The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels and neighborhood character.
The proposed tents will have no significant impact on pedestrian and vehicular traffic or neighborhood character, and will not place any demand on municipal services. Noise levels will comply with the City’s applicable noise regulations. These tents have all been erected and used in the past under individual temporary use permits without any noted adverse impacts to pedestrian and vehicular traffic patterns, municipal services, noise levels or neighborhood character. As such, no notable or significant impacts are anticipated.
The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application.
Temporary Use Permits have previously been issued for tents on the Club property. The Applicant is requesting approval for a total of 83 days throughout the year, although 63 of those days will have only one small 20’ x 20’ tent on the dining room patio. At least five annual recurrences are requested in order to avoid the cost and time associated with the applicant preparing and the City reviewing this application every year.
The purposes and intent of the zone district in which the temporary use is proposed.
The Maroon Creek Club is located in the City’s Park Zone District with PD and SPA Overlays. The PD and SPA Overlay approvals establish the purpose and intent of the property, which is a golf club with accessory uses. The proposed temporary use is entirely consistent with this purpose.
The relation of the temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is proposed.
The use of tents for special events is widespread throughout Aspen, on both public and private land. Temporary tents allow for the City and other property owners to accommodate their guests at special events, regardless of the weather. In allowing the development of the Maroon Creek Golf Club, it is fair to say that special event tent structures of various sizes and at various times of the year was to be expected and, indeed, have been routinely approved throughout the years since the Club’s inception. The only changed condition is the City Code having been amended to enable the applicant to request a single approval for all annual event tents on a reoccurring basis.
How the proposed temporary use will enhance or diminish the general public health, safety or welfare.
The proposed temporary use of the tents will enable the Maroon Creek Club to accommodate members and their guests for special events throughout the year. While the tent structures will to some extent enhance the safety and welfare of Club members and their guests, it can also be said that the charitable events benefiting from the use of these tents will, in turn, benefit the general public health and welfare. Regardless, the proposed temporary use tents will result in no adverse affects to or diminishing of the public health, safety or welfare.
Growth Management
Pursuant to Code Section 26.470.090.I., temporary uses such as tents that are erected for more than 14 days in a 12-month period are subject to affordable housing mitigation. Mitigation is required for only those days in excess of 14 days in a 12-month period, and can be satisfied by a cash-in-lieu payment.
The applicable fee calculation methodology for the affordable housing mitigation is as follows:
Lawn Tents
June 23rd-July 5th
40 feet x 50 feet = 2,000 square feet
2,000 sq. ft. / 1000 sq. ft. = 2 sq. ft.
2 sq. ft. x 4.7 FTEs = 9.4 FTEs generated
9.4 FTEs x 65% mitigation rate = 6.11 FTEs to be mitigated if structures are in use 100% of year
6.11 FTEs / 365 days per year = 0.01673973 FTEs per day
0.01673973 x 13 days = 0.21761644 FTEs
0.21761644 x $223,072 cash-in-lieu rate = $48,544.13
$48,544.13/30 years = $1,618.13 due for mitigation of the structure.
August 1st-August 5th
40 feet x 60 feet = 2,400 square feet
2,400 sq. ft./1000 sq. ft. = 2.4 sq. ft.
2.4 sq. ft. x 4.7 FTEs = 11.28 FTEs generated
11.28 FTEs x 65% mitigation rate = 7.332 FTEs to be mitigated if structures are in use 100% of year
7.332 FTEs / 365 days per year = 0.02008767 FTEs per day
0.02008767 x 5 days = 0.10043836 FTEs
0.10043836 x $223,072 cash-in-lieu rate = $22,404.99
$22,404.99/30 years = $746.83 due for mitigation of the structure.
Since the Code provides that 14 days are exempt from affordable housing mitigation, the Lawn Tent that will be erected from June 23rd until July 5th should be exempt. The mitigation calculation for the dining room patio tents, the pool tent, and the driving range tent are presented below. However, the first nine (9) days that a tent will be erected on the patio are during the same time frame that the Lawn Tent will be up. It is the applicant’s position that these first 9 days (July 27th-July 5th), plus one additional day (July 6th) should be exempt from affordable housing mitigation, as these represent a total of 14 exempt days. Additionally, there will be a tent erected next to the pool for three days during the July 4th holiday (July 3rd-5th). This tent should also be exempt from AH mitigation as it will be up on the same days as the other two tents. In other words, all of the tents that are erected from June 23rd through July 6th (a period of 14 total days) should not be included in the AH mitigation fee due to the City. Nevertheless, all figures are being calculated below for staff’s review.
Main Dining Room Patio Tents
June 27th-July 9th
Four 20’ x 20’ tents
20 feet x 20 feet x 4 = 1,600 square feet
1,600 sq. ft. / 1000 sq. ft. = 1.6 sq. ft.
1.6 sq. ft. x 4.7 FTEs = 7.52 FTEs generated
7.52 FTEs x 65% mitigation rate = 4.888 FTEs to be mitigated if structures are in use 100% of year
4.888 FTEs / 365 days per year = 0.01339178 FTEs per day
13 days - 10 days exempt = 3 days
0.01339178 x 3 days = 0.040175 FTEs
0.040175 x $223,072 cash-in-lieu rate = $8,961.99
$8,961.99/30 years = $298.73 due for mitigation of the structure.
If it is the City’s position that the first ten (10) days are not exempt, then at least one day of the 13 days that this tent will be erected is exempt. In that case, the calculation for the mitigation fee would be 0.01339178 x 12 days = 0.16070137 x $233,072 = $35,847.98/30 years = $1,194.93.
July 10th-September 10th
One 20’ x 20’ tent
20 feet x 20 feet = 400 square feet
400 sq. ft./1000 sq. ft. = 0.4 sq. ft.
0.4 sq. ft. x 4.7 FTEs = 1.88 FTEs generated
1.88 FTEs x 65% mitigation rate = 1.222 FTEs to be mitigated if structures are in use 100% of year
1.222 FTEs/365 days per year = 0.00334795 FTEs per day
0.00334795 x 63 days = 0.21092055 FTEs
0.21092055 x $223,072 cash-in-lieu rate = $47,050.47
$47,050.47/30 years = $1,568.35 due for mitigation of the structure.
July 26th- August 6th
Three 20’ x 20’ tents (there will be four tents but one has been accounted for in the above calculation of 63 days)
20 feet x 20 feet x 3 = 1,200 square feet
1,200 sq. ft./1000 sq. ft. = 1.2 sq. ft.
1.2 sq. ft. x 4.7 FTEs = 5.64 FTEs generated
5.64 FTEs x 65% mitigation rate = 3.666 FTEs to be mitigated if structures are in use 100% of year
3.666 FTEs/365 days per year = 0.01004384 FTEs per day
0.01004384 x 12 days = 0.12052603 FTEs
0.12052603 x $223,072 cash-in-lieu rate = $26,885.98
$26,885.98/30 years = $896.20 due for mitigation of the structure.
3 days in December for the Member Holiday Party
Two 20’ x 20’ tents
20 feet x 20 feet x 2 = 800 square feet
800 sq. ft./1000 sq. ft. = 0.8 sq. ft.
0.8 sq. ft. x 4.7 FTEs = 3.76 FTEs generated
3.76 FTEs x 65% mitigation rate = 2.444 FTEs to be mitigated if structures are in use 100% of year
2.444 FTEs/365 days per year = 0.00669589 FTEs per day
0.00669589 x 3 days = 0.02008767 FTEs
0.02008767 x $223,072 cash-in-lieu rate = $4,481
$4,481/30 years = $149.37 due for mitigation of the structure.
Pool Tent
One 40’ x 20’ tent
40 feet x 20 feet = 800 square feet
800 sq. ft./1000 sq. ft. = 0.8 sq. ft.
0.8 sq. ft. x 4.7 FTEs = 3.76 FTEs generated
3.76 FTEs x 65% mitigation rate = 2.444 FTEs to be mitigated if structures are in use 100% of year
2.444 FTEs/365 days per year = 0.00669589 FTEs per day
0.00669589 x 3 days = 0.02008767 FTEs
0.02008767 x $223,072 cash-in-lieu rate = $4,481
$4,481/30 years = $149.37 due for mitigation of the structure (arguably exempt).
Driving Range Tents
One 10’ x 20’ tent
One 20’ x 30’ tent
One 20’ x 40’ tent
One 60’ x 115.5 tent
200sf+ 600sf + 800sf + 6,930sf = 8,530 square feet
8,530 sq. ft./1000 sq. ft. = 8.53 sq. ft.
8.53 sq. ft. x 4.7 FTEs = 40.091 FTEs generated
40.091 FTEs x 65% mitigation rate = 26.05915 FTEs to be mitigated if structures are in use 100% of year
26.05915 FTEs/365 days per year = 0.07139493 FTEs per day
0.07139493 x 12 days = 0.85673918 FTEs
0.85673918 x $223,072 cash-in-lieu rate = $191,114.52
$191,114.52/30 years = $6,370.48 due for mitigation of the structure.
Per the above calculations and the terms of the Code, it is the applicant’s position that the total affordable housing mitigation fee for all of the proposed tents throughout the year should be $10,029.96. If staff does not agree that the first ten days of the dining room patio tent and the three days of the pool tent should be exempt (even though those days are the same days the lawn tent will be erected), the total fee would increase to $11,075.53. Since the regulations do not address when the mitigation payment is due, the applicant is willing to pay the total annual mitigation fee to the City upon issuance of the first Temporary Use Permit for the dining room patio tent.
As mentioned above, since the seasonal use of the tents is expected to continue in the future, the Applicant is requesting that the City Council approve at least five (or up to ten) annual recurrences, as permitted in Code Section 26.450.050. Similar approvals under the identical Code provisions were recently approved for the Hotel Jerome and the St. Regis Hotel.
Finally, weather or other unforeseen circumstances may dictate additional days that the tents may be needed. The applicant is requesting that the City Council grant to the Community Development Department the ability to administratively amend the terms of the Temporary Use Permit, allowing for up to 10 days of potential additional tent usage throughout the year. If any of the additional days are needed, the applicant will pay the increased AH mitigation fee on a pro rata basis, using the City’s fee methodology.
If you should have any questions or desire any additional information, please do not hesitate to contact me.
Truly yours,
Haas Land Planning, LLC
Mitch Haas
Owner/Manager
Maroon Creek Club (PID# 2735-112-09-053) Page 2