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A031-03/Application Revised.doc SUMMARY
Applicant is a Millennium Member of the Maroon Creek Club and as such has, for the life of his membership, exclusive rights to occupy units 1, 2, and 3 of the lodge rooms at the Maroon
Creek Club. Ownership of the actual real estate rests with the Maroon Creek Limited Liability Company and the AEP Family LLLP which have given a letter of authorization allowing Mr.
Williams to file this application. (Hereinafter the ownership will be collectively referred to as MCLLC.) Applicant is desirous of adding kitchen facilities (a cooking appliance) to
the existing lodge rooms. Adding “kitchen facilities” will convert these lodge rooms to multi-family residential. This conversion requires an amendment to the PUD and to the SPA, and
a GMQS Exemption for a change in use.
CODE SECTIONS
This application will be reviewed under the following sections of the City of Aspen Land Use Code (as amended):
26.304.060(B) Combined Review
26.440.090(B) Consolidated Specially Planned Area Amendment
26.445.100(B) PUD Amendment
26.470.070(F) Change in use
APPLICANTS/OWNERSHIP DISCLOSURE
The Millennium Member submitting this application is Jim Williams, holder of the membership in units 1, 2 and 3. As noted above, Mr. Williams has exclusive rights to use these lodge
suites for the life of his membership while title to the actual real estate involved is held by the Maroon Creek Limited Liability Company and AEP Family LLLP (Membership information
and Ownership Certificates are attached as Exhibits H and G)
Please, note the MCLLC did not initiate this application but is allowing Mr. Williams to file this application. (Letter of consent dated June 9, 2003, attached as Exhibit B.) The MCLLC
is allowing this application to be submitted provided it will not prejudice any future land use applications submitted by the Club.
While not directly involved in the application or the ownership of the real estate, the Maroon Creek Master Association has granted its full approval for the project to proceed as presented.
(Letter of approval dated June 4, 2003, attached as Exhibit C.)
BACKGROUND
The Maroon Creek Club facilities date back to the late seventies when it was the Aspen Racquet Club eventually becoming known as the Grand Champions Club. The Board of County Commissioners
(BOCC) of Pitkin County granted to the Maroon Creek Development Corp. approval of Detailed Submission for Subdivision, 1041 Environmental Hazard Review, Scenic Foreground Overlay Review,
Planned Unit Development, Rezoning, Special Review Approval for Relocation of the KSNO Radio Tower, Lot Line Adjustment with the ARU Property, General and Detailed Submission to the
“Grand Amendment” Portion of the Application and Amendment to the Buttermilk Ski Area Master Plan for the Pfister Ranch/Golf Application by Resolution No. 91-111 , amended by Resolution
No. 91-112 (Exhibits N and O). While the majority of earlier land use approvals were deemed inconsistent with the conditions of that resolution, two resolutions (No. 79-26 and No. 83-90,
Exhibits P and Q) were included in the final approval. Approval of the final plat was granted by Resolution No. 93-104 (Exhibit R) which also incorporated earlier Growth Management
Quota System (GMQS) allocations (No. 89-113 and No. 92-5 for Commercial allocations, Exhibits S and T). A Subdivision Improvements Agreement (SIA) was executed on September 2, 1993.
(Exhibit U)
Annexation of the Maroon Creek Club Subdivision (North) to the City of Aspen was approved in Ordinance No. 33 (Series of 1996) by the City Council of the City of Aspen (Exhibit V). Rezoning
of the Property was approved by the City Council in Ordinance No. 40 (Series of 1996) (Exhibit W). The subject parcel, Lot 51, was zoned P/PUD/SPA and granted approval for 9 tennis
courts, 12 lodge rooms, golf practice green, expansion of 30,100 sq. ft. to the Grand Champions Club, and an 8,000 sq. ft. maintenance facility.
PROPOSAL
The proposal has been broken out into three sections: PUD Amendment, SPA Amendment, and GMQS Exemption. This separation is for convenience and to avoid repetition. Information, references,
clarifications, and arguments that are included in one section should be considered in all sections as appropriate.
Amendment to PUD
Applicant Jim Williams holds exclusive rights to occupy units 1, 2, and 3 of the Maroon Creek Club lodge suites. Mr. Williams has been granted approval to combine these three lodge rooms
into one three-bedroom unit. A copy of the approved Building Permit is attached as Exhibit Y.
BOCC Resolution No. 91-111 granted approval for twelve lodge rooms “each … not to exceed 580 square feet for a total of 6,960 square feet.” On March 31, 1998, an Insubstantial PUD Amendment
was granted to MCLLC for a reduction in the number of lodge rooms to be constructed from 12 to 8. Staff found that the total size of the structure remained the same with each unit increasing
in size.
The current request to amend the PUD for the size of an individual unit is not inconsistent with the approved final development plan and the Insubstantial PUD Amendment in that the only
request is to increase the floor area allowed for an individual unit; there is no change requested to the total amount of floor area for the structure or in the total number of bedrooms
available. There is no change to the exterior of the building.
It is noted that part of the amendment stated that “[t]hese 8 units shall remain lodge units unless reviewed and approved as a change in use. This prohibits the addition of kitchens.”
The request for kitchen facilities and change in use is addressed below.
Amendment to SPA
Applicant is requesting an amendment to the SPA to allow for a change in use. This change in use is to allow for multi-family residential in addition to lodge. This change in use would
allow for the addition of kitchen facilities to the combined lodge rooms. Please, note that it is the applicant’s belief that the change is more technical than practical in nature.
For example, bedrooms available for rent as lodge rooms will still be available for rent under the multi-family residential classification. And, although there is no prohibition on
a full-time, year-round occupancy, the demographic profile Millennium Members suggests that these units are not intended to be occupied on a full-time, year-round basis. Indeed, the
existing multi-family residential on adjacent lots contains no full-time, year-round residents at this time. Allowing for multi-family residential on Lot 51 is consistent within the
overall development of the Maroon Creek Club Subdivision. There are significant amounts of multi-family residential immediately adjacent to Lot 51 (Clubside) and across the highway
at the base of Tiehack (Maroon Greens). The proposal is also consistent with the approved final development plan. Some specific areas of concern are addressed below.
Scenic Overlay: The entire project is within an existing structure. No changes are proposed to the exterior of the building. There is no impact on the scenic quality of the area.
Open Space: There is no change proposed to the footprint of the building hence there is no change to the amount of open space on Lot 51.
Housing: There is no increase in the number of employees required to service the unit as a result of this action. No additional housing will be required.
Traffic Generation: According to the City of Aspen Engineering Department, long-term traffic impact from the change will be non-existent. Traffic impact from the construction process
itself will be minimal. The Maroon Creek Club is not allowing construction to start until after Labor Day. This ensures minimal impact on the activities of the Club during its busy
season, that traffic volume will remain well within acceptable limits, that plenty of on-site parking for construction vehicles is available, that space is available on-site for a construction
trailer if needed, and that space is available for the storage on-site of any construction materials. Other concerns of the City, such as drainage, water, sewer, and street cuts are
not relevant as this project is totally within an existing structure.
Density: There is a slight reduction in density from eight units to six. (Units 1, 2, and 3 combined into one unit). Units 4, 5, 6, 7, and 8 remain as individual units.
Intensity: There is no change in the total square footage as currently approved.
GMQS Exemption
Section 26.470.070(F) allows a GMQS exemption for “[a] change in use of an existing structure … for which a Certificate of Occupancy has been issued for at least two (2) years and which
that is intended to be reused” provided certain additional requirements are met.
A minimal number of additional employees will be generated by the change in use and that employee housing will be provided for the additional employees generated.
According to Victoria Giannola at the Aspen/Pitkin County Housing Office, they look to the property/lodge owner to determine the service levels and/or the number of employees required
to service the units before and after the change to determine employee generation and any housing mitigation that may be required. Brian Martin, General Manager of the Maroon Creek
Club, has stated that the proposed change will result in no increase in the number of employees and hence no additional housing mitigation is required.
A minimal amount of additional parking spaces will be demanded by the change in use and that parking will be provided.
Current City of Aspen zoning requires 0.7 space per lodge room and 2 spaces per unit for multi-family residential with the provision that studio and one-bedroom dwellings require 1 parking
space. Based on these requirements, the parking required if this proposal is approved is 5.5 spaces (5 units at .7 space/unit plus 1 unit at 2 spaces) 0.1 spaces below the existing
requirement of 5.6. Under Pitkin County zoning at the time of approval, Tourist Zoning required one parking space per dwelling unit (see Exhibit C to Resolution 91-111).
There will be minimal visual impact on the neighborhood from the change in use.
There are no changes proposed to the exterior of the building hence there is no impact to the scenic quality of the existing development.
Minimal demand will be placed on the city’s public facilities from the change in use.
Minimal or no additional demand will be placed on the city’s public facilities as a result of this action.
No zone change is required.
Existing zoning is P/PUD/SPA. No change to the existing zoning is required.
No more than one residential unit is created.
Units 1, 2, and 3 are being combined into one residential unit.
The proposed use is consistent in all respects with the AACP.
The community identified nine Focus Area Sections in the Aspen Area Community Plan (AACP) in the 2000 Plan. These are Community Character; Growth; Housing; Transportation; Economic Stability;
Parks, Open Space and the Environment; Historic Preservation; Design Quality; and Arts, Culture and Education. The proposed use is consistent in all respects with the AACP as it either
marginally enhances or has no negative impact on the stated desires of the community within the AACP. Most of the changes that will occur because of this change in use are miniscule
in the greater picture.
Community Character:
The proposed change in use will have no impact on the Community Character. This change in use is more technical than practical in nature. There will be no change in how the unit is actually
used.
Managing Growth:
The conversion to one multi-family residential unit from three lodge rooms denotes a very slight reduction in the overall density of the Maroon Creek Club Subdivision. This application
requests no additional density, no additional units on the property. While there is no reduction in intensity, there is no increase, either. On the surface, the proposal appears basically
neutral. Nonetheless, because of the provisions in the Land Use Code that any allocation granted here will be deducted from the total allocation available, one can say that this project
is actual growth management positive in that, by converting this unit, a smaller allocation will be available for new development, new development which potentially could increase density
in other areas, create sprawl, or be built outside of the UGB. This project is located within the UGB and, although it does not create any growth on its own, any increase would be consistent
with the AACP for growth within UGB. Because this proposal effects units entirely within an existing structure, there is no additional infrastructure required nor will this proposal
lead to further spread of development.
Affordable Housing:
The Maroon Creek Development Corp. constructed 39 units of employee housing on-site satisfying its housing mitigation requirements. According to Brian Martin, General Manager of the
Maroon Creek Club, they are making absolutely no changes to staffing levels, job responsibilities, or operations because of the proposed change in use. No new employees will be hired,
no new jobs created, and no housing mitigation is required. Goals listed in the Affordable Housing section of the AACP include two points already addressed above: managing the growth
of the community and encouraging development within the Aspen Community Growth Boundary. Other goals are not applicable as they refer to Public/Private partnerships and new affordable
housing projects.
Transportation:
The change in use slightly improves the transportation situation by slightly reducing the number of vehicles. Under the current scenario, the existing three lodge rooms have the easy
potential to have one vehicle per unit in the case of three different parties occupying the suites. (The parking requirement is 0.7spaces/unit or 2.1 spaces.) Under the proposal, the
likelihood is that the maximum number of vehicles would be two, and quite often would be just one. (The parking requirement drops to 2 spaces.) Reduction in the number of cars and the
total number of individual trips helps with “clean air, quieter streets”. The incentives for the “automobile [to play] a smaller role in people’s everyday lives” will remain unchanged
under this proposal. Proximity to mass transit and bike/pedestrian paths remains unchanged.
Economic Sustainability:
Part of the intent of the Economic Sustainability section of the ACCP is to “maintain a healthy, vibrant and diversified year-round economy” and “[limit] the physical size of the community.”
Again, the latter is addressed above in renovation of existing units rather than the creation of new units within the UGB. The former is addressed below.
The second paragraph under Philosophy states that “Aspen’s economic base is real estate, tourism, arts, and recreation, especially skiing. Retail, lodges, services, professionals, and
nonprofit organizations also support and are supported by the resort economy” and “[residents and visitors] demand a lively, small-scale downtown with diverse and unique shops and varied
choices of accommodations, including small lodges.” While there is some special emphasis placed on lodges and hence the preservation of lodge rooms, it should be noted that “varied
choices” are also desirable.
Again, the request for a change in use is more technical than practical in nature. The change in use is not really changing how this unit is used. The availability of beds for rent at
the Maroon Creek Club will not change by the requested change in use. Those beds currently available for rent within the existing lodge rooms will still be available for rent as a multi-family
residence. Under current zoning, refrigerators and sinks are allowed in lodge rooms, so the only real difference is that the unit will contain a cooking appliance as well.
With regard to the total number of lodge rooms, there has already been a reduction in the number of lodge rooms at Maroon Creek Club through the Insubstantial PUD Amendment noted earlier.
This reduced the number of lodge rooms from twelve to eight. There has also been a de facto reduction in the number of lodge rooms by the granting of a building permit to combine lodge
suites 1, 2, and 3. The intent of the preservation of lodge rooms is really twofold: first, to maintain the number of beds available for rent and second, to encourage the preservation
of small lodges within the “old” city limits in close proximity to downtown and to the ski hill. As addressed above, the first is not impacted at all. The second is really not applicable
to the Maroon Creek Club. To accomplish this latter goal, the Lodge Preservation Overlay was created granting certain concessions to ensure that small lodges could remain viable and
desirable. It should be noted that “[a]ll lodge units within the LP Overlay zone district may have kitchens within individual lodge rooms.”
The addition of a cooking appliance as proposed will not significantly impact any aspect of the local economy. There might be some minimal reduction in restaurant business by the occupants
of this unit having breakfast or the occasional dinner in, but there will be a slight increase in the amount of grocery sales to stock the refrigerator with things to cook. The reality
is that in the winter time, people staying in properties with kitchens may eat breakfast in the unit, lunch is on the mountain, and most dinners are in one of Aspen’s restaurants. Maybe
the kids stay in with a pizza (picked up from Dominos or Clark’s Market) and watch videos rented from one of the local stores such as ALP Video or Take Two. During the summer, breakfast
is probably in house (depending on the tee time or what time the fishing guide is picking them up), lunch is on the course or on the river, and, again, dinner is in one of the restaurants.
There is the likelihood that the unit with kitchen facilities will probably command higher rental rates. This increases the sales tax revenue and also the profit to the rental agency
who typically works on a percentage of gross revenue. This is consistent with “maximizing benefit and profit with existing throughput”.
Parks, Open Space, and the Environment:
There will be no impact on Parks, Open Space or the Environment. All changes are within an existing structure and there are no increases in the amount of traffic and no change in the
level of use. Again, many of the policies and philosophy statements are more pertinent to new development that to a small, interior renovation as proposed in this application. Nonetheless,
this proposal is consistent with this section of the AACP in that there is no encroachment into wildlife sensitive areas, there is no encroachment into open space, and sprawl is discouraged
by renovation rather than new construction.
Historic Preservation:
This section of the AACP is really not applicable to a project such as the one proposed.
Design Quality:
This section of the AACP is really not applicable to a project such as the one proposed. Again, the renovation will be entirely within the existing structure and no changes will be made
to the exterior of the building.
Arts, Culture & Education:
This section of the AACP is really not applicable to a project such as the one proposed.
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