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Home My WebLink Aboutcoa.lu.pu.Maroon Creek Lot 51.A06603Maroon Creek Club Lot 51 --'MMQS/Final PUD/Final SPA 2735-023-09-051 Cage A066-03 xjz,4,� 0 t L■ FA MAROON CREEK CLUB LOT #51 PUD/SPA Amendment & Growth Management Application • I u - • - - 412 north mill street,B-8 aspen, colorado 81611 1 T (970) 429 7499 F (970) 429 9499 ` 1 / bluegreen@sopris.net www.bluegreenaspen.com 31 October 2003 • • 412 north mill street suite b8 aspen, colorado 81611 P 1, T (970) 429 7499 F (970) 429 9499 bluegreen@sopris.net October 31, 2003 Mr. James Lindt Planner City of Aspen 130 South Galena Street Aspen CO 81611 RE: Maroon Creek Club GMQS Residential Scoring; PUD Amendment; SPA Amendment Dear Community Development Staff: On behalf of the Millennium Members at the Maroon Creek Club, we are requesting that the City of Aspen conduct the necessary reviews and provide Residential Allotments from the Growth Management Quota System; amend the Planned Unit Development approvals; and, amend the Specially Planned Area approvals to permit four residential units located on Lot # 51 of the Maroon Creek Club PUD & Subdivision. The site current9y serves as the primary recreation facility of the Maroon Creek Club and contains eight Millennium Membership Suites. The applicants are the Millennium Members of the Maroon Creek Club who maintain exclusive rights to occupy the Millennium Suites, as follows: Jim Williams — Units 1, 2, & 3 Jim Pierce — Unit 4 Carol Duncan — Units 5 & 6 Ted Bell and Paige Lee Huffty — Units 7 & 8 Ownership of the actual real estate rests with the Maroon Creek Limited Liability Company and the AEP Family LLLP which have authorized the Millennium Maroon Creek Club Lot #51 PUD/SPA Amendment & Growth Management Application Page 1 Land Use Code standards Report Membership to file this application and have authorized BlueGreen to represent the property interest. The MCLLC is allowing this application to be submitted provided it will not affect any future land use applications submitted by the Club. The applicants are seeking the ability to add complete kitchen facilities to their units. According to the City's definition, adding "kitchen facilities" to these units will convert these lodge units to residential units — a technical distinction. The "conversion" of these units is essentially academic; the practical outcome of permitting cooking devices within each unit is negligible. Because the original approvals entitled 12 lodge units and the infrastructure and mitigations were premised on such, four residential units represents a lessening of intensity and service demands. The application requests only four residential units as two Millennium Members have obtained building permits to combine their units and a third Member is in the process of obtaining a building permit to combine units. This application is provided in response to the City's pre -application conference summary, attached, and requests an amendment to the Planned Unit Development approvals, an amendment to the Specially Planned Area approvals, and a Growth Management Allocation of four Residential Units. The following sections of the City of Aspen Land Use Code were identified in the pre -application conference summary: 26.304.060(B) Combined Review 26.440.090(B) Consolidated Specially Planned Area Amendment 26.445.100(B) PUD Amendment 26.470.080 GMQS Development Allotment & Application Procedures The application has been broken out into three primary sections: PUD Amendment, SPA Amendment, and Growth Management. The Growth Management Section is intended for the Growth Management Commission scoring. The PUD and SPA Sections are intended for the City's Planning and Zoning Commission and City Council to consider amending the PUD and SPA entitlement documents. We look forward to presenting this application, which we believe fully complies with the Aspen Area Community Plan and renders no negative affects upon the City of Aspen or surrounding property owners. We are available to answer any questions that you, referral agencies, or the review boards may have regarding this application. 5jDcerely he WS, AICP. ASLA Principal BlueGreen, LLC Maroon Creek Club Lot #51 PUD/SPA Amendment & Growth Management Application Page 2 Land Use Code Standards Report Attachments/Exhibits: A. Land Use Application Form B. Dimensional Requirements Form C. Vicinity Map D. Project Background E. Proposed Development Summary F. Report: Growth Management Scoring Criteria G. Report: PUD Amendment Criteria H. Report: SPA Amendment Criteria I. Required Additional Submission Contents J. City of Aspen Pre -Application Conference Summary K. Letters of Authorization for BlueGreen and Jim Williams L. Millennium Memberships Information M. Letter from Andy Hecht representing property ownership N. Letter from Steve Elliot representing Master Homeowners Association O. Letter from Scott Erwin representing the Maroon Creek Lodge, LLC P. Pitkin County BOCC Resolution 91-111 Q. Pitkin County BOCC Resolution 91-112 (amending Reso. 91-111) R. Maroon Creek Club Lot #51 Insubstantial PUD Amendment S. Site Plan and Unit Floor Plans (11x17 copies) T. List of adjacent property owners Maroon Creek Club Lot #51 PUD/SPA Amendment & Growth Management Application Page 3 Land Use Code Standards Report ATTACHMENT/ EXHIBIT A Land Use Application Form ATTACHMENT 2 -LAND USE APPLICATION PLICANT: Line: Maroon Creek Club Millenium Membership cation: Maroon Creek Club, Lot 51 (Indicate street address, lot & block number, legal description where appropriate) rcel ID # (REQUIRED) :PRESENTATIVE' ime: Blue Green !dress: 412 North Mill Street, Suite B8, Aspen Colorado 81611 one #: 970/429-7499 tOJECT: ime: Maroon Creek Club GMQS Residential Scoring/PUD Amendment/SPA Amendment ]dress: 10 Club Circle .one #: na TYPE OF APPLICATION: (please check all that apply): ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review ® Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ® GMQS Allotment ® Final SPA (& SPA Amendment) ❑ Historic Demolition ❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation ❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use ❑ Other: ❑ Lot Line Adjustment ❑ Text/Map Amendment 4'XISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Existing project immediately adjacent to the Club consisting of eight lodge units. Held as interests by four Millenium Members —Jim Williams -Units 1, 2 & 3; Jim Pierce -Unit 4; Carol Duncan -Units 5 & 6; Ted Bell and Paige Lee Huffty-Units 7 & 8. Some units are currently being combined with approved building permit(s). tOPOSAL: (description of proposed buildings, uses, modifications, etc. Proposed changes to units include only the addition of cooking devices. Other changes currently underway --combining units and adding kitchens —are available under the existing approvals and permitting processes. No exterior changes are being proposed and the use of the units will not change from what exists today. ive you attached the following? FEES DUE: $ 0 Pre -Application Conference Summary Attachment #1, Signed Fee Agreement (Per Pre-App Summary billing will continue on Case # A031-03.) Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards I plans that are larger than 8.5" x I1" must be folded and a floppy disk with an electronic copy of all written ct (Microsoft Word Format) must be submitted as part of the application. RETAIN FOR PERMANENT RECM ATTACHMENT/ EXHIBIT B Dimensional Requirements Form ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Maroon Creek Club GMQS Residential Scoring/PUD Amendment/SPA Amendment Applicant: Location: Zone District: Lot Size: Lot Area: Millennium Members Aspen, Colorado PUD-SPA 10.876 Acres 10.876 Acres (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: N/A Proposed. Number of residential units: Existing: 0 Proposed: Number of bedrooms: Existing: 8 Proposed: Proposed % of demolition (Historic properties only): N/A DIMENSIONS: N/A Floor Area: Existing: 6 9� 60Allowable:_ 6,960 Proposed: _6,960 Principal bldg. height: Existing: per PUD`Allowable: 1per PUD Proposedmo change Access. bldg. height: Existing: per 'LTD Allowable: per PUD Proposed.• no change On -Site parking: Existing: der PUD Required: _ per PUD Proposed: no change % Site coverage: Existing: per PUD Required: per PUD Proposed: no change % Open Space: Existing: _Rer PUD Required: per PUD _Proposed: no change Front Setback: Existing. per PUD Required: per PUD Proposed: no change Rear Setback: Existing: per PUD Required:_ per PUD _Proposed: no change Combined F/R: Existing: per PUD Required: per PUD_Proposed: no change Side Setback: Existing: per PUD Required:_ per PUD Proposed: no change Side Setback: Existing: per PUD Required: per PUD `Proposed: no change Combined Sides: Existing. per PUD Required: per PUD Proposed: no change Existing non -conformities or encroachments: none Variations requested: none ATTACHMENT/ EXHIBIT C Vicinity Map C. Vicinity Map Maroon Creek Club Lot #51 PUD/SPA Amendment & Growth Management Application Page 4 Land Use Code Standards Report ATTACHMENT/ EXHIBIT D Project Background D. Proiect Backaround 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 Pitkin County Board of County Commissioners (BOCC) granted to the Maroon Creek Development Corporation (MCDC) 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. 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) were included in the final approval. Approval of the final plat was granted by Resolution No. 93-104 which also incorporated earlier Growth Management Quota System (GMQS) allocations (No. 89- 113 and No. 92-5 for Commercial allocation). A Subdivision Improvements Agreement (SIA) was executed on September 2, 1993. These documents are recorded with the Pitkin County Clerk and Recorder and will be provided upon request. Annexation of the Maroon Creek Club Subdivision (North) to the City of Aspen was approved in Ordinance No. 33, Series of 1996, by the Aspen City Council. Rezoning of the Property was approved by the City Council via Ordinance No. 40, Series of 1996. The subject parcel, Lot 51, was zoned Park with Planned Unit Development and Specially Planned Area zoning overlays (P/PUD/SPA) recognizing 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. BOCC Resolutions No. 91-111 and 91-112 (attached as Exhibits P and Q) granted approval for twelve lodge rooms "each ... not to exceed 580 square feet for a total of 6,960 square feet." Following annexation and prior to construction of the lodge portion of the development, an Insubstantial PUD Amendment was granted byt eh City of Aspen for a reduction in the number of lodge rooms to be constructed from 12 to 8. The amending document (attached as Exhibit Q) stated "[t]hese 8 units shall remain lodge units unless reviewed and approved as a change in use. This prohibits the addition of kitchens." After completion of the eight lodge suites, "Millennium Memberships" were sold permitting exclusive rights to occupy individual suites. Ownership of the actual real estate was maintained by the Maroon Creek Limited Liability Company and the AEP Family LLLP, which have authorized the Millennium Members to file this application. Four "Millennium Memberships" were sold to the following individuals: Jim Williams — Units 1, 2, & 3 Jim Pierce — Unit 4 Maroon Creek Club Lot #51 PUD/SPA Amendment & Growth Management Application Page 5 Land Use Code Standards Report Carol Duncan — Units 5 & 6 Ted Bell — Units 7 & 8 With the necessary approvals from the City, Mr. Williams and Mr. Bell have building permit approvals to combine their respective units. Carol Duncan is in the process to obtain a building permit to combine units 5 & 6. The annexing ordinance specified the Pitkin County Land Use Code at the time of approval as the guiding regulation for this subdivision. There exists no limitation on occupancy periods within the Pitkin County Code and the Millennium Members may occupy their units in a residential fashion or lease them as traditional lodge units. Mr. Williams desired a kitchen complete with a "cooking device" — the recognized threshold between lodge use and residential use and submitted a "change in use" application to the City. Upon review, it became clear that only one such change -in - use could be permitted, potentially disallowing future installation of cooking devices in the remaining units. The application was formally withdrawn by Mr. Williams and has been resubmitted with the participation of all Millennium Members. Maroon Creek Club Lot #51 PUD/SPA Amendment & Growth Management Application Page 6 Land Use Code Standards Report ATTACHMENT/ EXHIBIT E Proposed Development Summary E. Proposed Development Summary The Millennium Members are seeking the ability to install "cooking devices" providing a complete kitchen within each unit. Doing so will formally render each unit a "residence" according to the City's land use code definition. There currently exists no limitation on owner occupancy patterns of these specific units and no restriction on combining units. The Millennium Members view the ability to install cooking devices in each unit as a technical distinction of the City and not a practical difference in the character of the development. The use of these units will remain essentially unchanged. The ability to install cooking devices will only enhance the usability of each unit and will not incur any increased off -site impacts or even a decipherable difference in the day-to-day operations of the project. No increase in traffic, services, employee generation, or infrastructure demands will occur. A total of four residential allotments are being requested to be used as follows: Units 1, 2, and 3 are being combined into one unit (building permit issued). Unit 4 will remain as one unit. Units 5 and 6 will be combined into one unit. Units 7 and 8 are being combined into one unit (building permit issued). The "conversion" will not lessen the use of these units. The Millennium Members do not wish to restrict their ability to occupy their units on a short-term basis or rent their units to guests. The Millennium Members' patronage of local eateries is not expected to diminish, only their frequency of on -site food service use. The development activity will be limited to internal construction with essentially no construction effect on surrounding properties and land uses. Maroon Creek Club Lot #51 PUD/SPA Amendment & Growth Management Application Page 7 Land Use Code Standards Report ATTACHMENT/ EXHIBIT F Report: Growth Management Scoring F. Report: Growth Management Scoring 1. Revitalizin_-g the permanent community. Residents of the Aspen area have long recognized the need to preserve the community's character and identity as more than just a resort, a collection of second homes and a tourist shopping mecca. They recognize that a "critical mass" of permanent residents and local -serving businesses is necessary to make any community function. They recognize, too, that the vitality brought to the Aspen area by full-time residents is being seriously diluted by the inability of working people to live in their own community. As a result of these concerns, one of the community's central goals is to create a community with a size, density and diversity that encourages interaction, involvement and vitality and one that provides opportunities for its workers to become a permanent part of the social fabric. These are a variety of ways in which a project might address the goal of revitalizing the permanent community, including, but not limited to the following: a. providing high -quality, on -site, affordable housing for permanent residents consistent with the Housing Authority Guidelines; b. providing site -appropriate mixing of free market and affordable housing for efficient provision of services such as transit, and for discouraging site planning that segregates affordable and free market units; c. creating affordable dwelling units through buy -downs or conversion of existing free market units; and d. providing "locally -serving commercial space/businesses." Response: The original Maroon Creek Club project (a.k.a. Pfister Ranch) was approved with an affordable housing component. The affordable housing requirement was based on the entire project with this component (Lot #51) being comprised of 12 lodge units and their associated employee expectations (concierge services and reservations, housekeeping and laundry, administration and accounting, transportation services, etc.). As developed in operation today, the units essentially function as residential units, except no cooking devices (e.g. stove) exist within each unit. (The presence of cooking devices define the City's threshold between lodge and residential use.) From an operations perspective, no additional employee generation is expected with this installation of cooking devices (and the definitional change to residential use). In fact, the inclusion of cooking units within each unit may ' The original 12-unit project is being used as a baseline because the mitigations provided in the original development were based on a 12-unit program. Maroon Creek Club Lot #51 PUD/SPA Amendment & Growth Management Application Page 8 Land Use Code Standards Report result in a slight reduction of service needs for each unit. The Maroon Creek Club management expects no increases in staffing levels, job responsibilities, or operations of the club with respect to the installation of cooking devices within each unit. No additional employee generation is expected with this installation of cooking devices. The City recently studied the dynamics of commercial development employee generation. Analyzed were both traditional hotel/lodge units and fractional ownership projects. The City of Aspen Employee Generation Study completed in December, 2002, concluded a typical traditional hotel/lodge unit in Aspen generated approximately .5 employees per room2. The City's initial findings regarding fractional ownership projects employee generation also reports .5 employees per room3 for core functions4. Based on these studies, the original 12-unit project (one bedroom per unit) on which the employee mitigation was based could be expected to generate 6 employees. Of this number, the City requires 60% of the employees to be housed, or 3.6 employees. The City does not have employee generation standards for residential development that mirror those for commercial development. The Aspen/Pitkin County Housing Authority Guidelines (adopted annually by the City) do reference an employee generation factor— `for every 3,000 square feet of new single-family or duplex development, the public will be required to provide housing for one moderate income employee. "6 Using this standard, the 6,960 square feet being converted represents a need to house 2.3 employees, far less than the 3.6 for the lodge development. Both from an operational perspective and an analytical approach, the conversion of the lodge units to residential units will not cause an increase in the employee mitigation requirements. In fact, the installation of cooking devices may result in a reduction in the project's (the overall Maroon Creek Club project's) affordable housing generation. The evaluation of this "Revitalizing the Permanent Community" criterion should result in an acceptable score. 2. Providing Transportation Alternatives. Reducing dependency on the automobile is vital for the long-term livability and health of the Aspen area. The Aspen Area Community Plan envisions a time in the not -too -distant future when the 2 City of Aspen Employee Generation Study, December, 2002, page 10, table V. 3 September 29, 2003, work session report to City Council on EPS draft findings. 4 Core functions are defined in the report as basic functions essential to the operation of a fractional fee project but not including additional amenities such as spa services, restaurants, etc. 5 Aspen/Pitkin County Affordable Housing Guidelines, Amended January 14, 2003, Part VII, Section 12 Maroon Creek Club Lot #51 PUD/SPA Amendment & Growth Management Application Page 9 Land Use Code Standards Report automobile is not the dominant means of moving people in and around the community. The Aspen Area Community Plan seeks a balanced, integrated transportation system for residents, visitors and commuters that reduces traffic congestion and air pollution. These are a variety of ways in which a project might address the goal of providing transportation alternatives, including, but not limited to the following: a. reducing the need for private vehicles as a form of transportation; b. facilitating and encouraging year-round pedestrian transportation; c. helping to implement a valley -wide mass transit system; d. providing needed improvements to the existing RFTA system; e. increasing the number of available transportation choices; f. creating a less congested downtown core; g. helping to implement the transportation planning policies of the AACP and the Aspen to Snowmass transportation plan; h. altering land use patterns to accommodate and contribute to a more efficient and effective transit system; i. creating, improving or expanding public commuter trails, walkways or bikeway facilities that are consistent with the goals of the AACP and associated plans, such as the pedestrian/bikeway plan; j. locating developments near transit facilities; k. providing on -going transportation to and from the airport, ski areas and shopping areas; I. providing on -going employee transportation services such as van pools or buses at no cost to employees; m. providing bicycle parking, showers and lockers for employees; and n. providing secure bicycle storage for guests and employees. Response: The original Maroon Creek Club (Pfister Ranch) project contained significant improvements to the area's transportation infrastructure. A new intersection to Highway 82 and Stage Road/Tiehack Road was implemented. Tiehack and Stage Roads were dedicated as public infrastructure. Bike paths were developed. RFTA bus stops were provided. Public parking at the base of the Tiehack base and ski lift was provided, public fishing easements were provided, nordic trail connections through the project were provided, and a significant contribution to the recently completed pedestrian bridge connecting the Tiehack base area to the City's new recreation center was provided. The construction of 40 affordable housing units within the project, while a component of the "Revitalizing the Permanent Community" criterion, Maroon Creek Club Lot #51 PUD/SPA Amendment & Growth Management Application Page 10 Land Use Code Standards Report addresses this transportation facility question by locating permanent residents near transit facilities. This supports the valley transit system, permits choice in transportation options, and provides a land -use pattern supportive of transit use. The installation of cooking devices within individual units on Lot #51 will not affect these trail/transit/transportation facilities. No increase in transportation demand is expected. In fact, this reduction in land use intensity should result in an overall reduction in the number of trips generated. The installation of cooking devices will allow the option of prepare meals within each unit, an option that does not exist today. The review of this "Providing Transportation Alternatives" should result in an acceptable score. 3. Promoting Environmentally Sustainable Development. The natural environment is one of the community's greatest assets. As a result, only that development that is environmentally sensitive and that promotes individually responsible, ecological lifestyles shall be allowed. This sub -Section seeks to foster a high level of consciousness relative to resource conservation, wildlife protection and environmental sustainability. These are a variety of ways in which a project might address the goal of promoting environmentally sustainable development, including, but not limited to the following: a. orienting building sites, streets and other project features in order to maximize potential for use of solar energy and other renewable energy resources; b. protecting and preserving existing trees and other mature vegetation during and after the construction process; c. using fewer or cleaner wood -burning devices than allowed by law; d. removing or replacing existing, dirty wood -burning devices; e. increasing community access to natural and open space areas; f. promoting community recycling efforts; g. landscaping with low -water -use plant materials and using chemical -free landscape maintenance techniques; h. employing measures that reduce PM,,, levels in the non -attainment area; i. preserving and efficiently using environmental resources during all phases of development, including types of materials used and future energy and material needs of the project; j. completely avoiding ridgeline development and natural hazard areas as defined in Section 24.65.1.103, C.R.S.; Maroon Creek Club Lot #51 PUD/SPA Amendment & Growth Management Application Page 11 Land Use Code Standards Report k. enhancing existing wildlife habitat; and I. complying with the letter and spirit of Chapter 26.435, Environmentally Sensitive Areas, as applicable. Response: The original Maroon Creek Club (Pfister Ranch) development provided multiple components designed to lessen the development's environmental impact. Significant efforts were taken in the design and construction of the golf course including wetlands protection; the design, maintenance, and monitoring of water features within the golf course; and, significant air quality measures during the construction of the golf course. Water conservation efforts included a per -device, gallons -per -flush limitation on all residences within the subdivision and a requirement to incorporate low - flow shower heads in all residences. There is a limitation on the number of gas fireplaces permitted per residence in the Subdivision. The original project avoided construction on areas of environmental concern, including a requirement concerning development on slopes of 30% or greater. The berms along Highway 82 were designed, constructed, and modified during construction according to the screening and open view objectives of Pitkin County (the project was later annexed into the City of Aspen). The installation of cooking devices is not expected to bring about any environmental effects. The construction activity will be minimal and will comply with all necessary provisions of the City. The cooking devices will not be wood -burning devices and will not introduce new environmental contaminants. Areas of sensitive environmental condition will not be affected. No tree removal is necessary. No landscape changes are proposed. No ridgeline or other aesthetic issues should be expected. And, no wildlife habitat issues should be expected. This criterion appears to be primarily concerned with the character and construction practices of new development. As a change in the recognized land use of the subject units, this project's overall impacts on the natural environment should not be expected to change. The applicant cannot guarantee and the City cannot regulate the ecological lifestyles or environmental consciousness of the individuals who will occupy these specific units over the life of the project. However, the original project was designed to comply with, and found in compliance with, this desire to develop a project in which the residents' ecological awareness could be enhanced. The installation of cooking devices within these units on Lot #51 is not likely to change the environmental sensibilities of the inhabitants. Maroon Creek Club Lot #51 PUD/SPA Amendment & Growth Management Application Page 12 Land Use Code Standards Report The review of this "Promoting Environmentally Sustainable Development" should result in an acceptable score. 4. Maintaining Design QualitV, Historic Compatibility and Community Character. Design within the larger historic setting of the community is important as it is a vital component of the community's economic well- being and cultural heritage. Public architecture should support and enhance community life. The goal of this sub -Section is to ensure the maintenance of community character through design quality and compatibility with historic features. There are a variety of ways in which a project might address the goal of maintaining design quality, historic compatibility and community character, including, but not limited to the following: a. restoring landmark structures and structures listed in the inventory; b. improving and maintaining the appearance and function of alleys for commercial, office and residential uses; c. ensuring design compatibility with existing buildings in the vicinity of the proposed project, in terms of scale, massing, building materials, fenestration, other architectural features, and open space; d. including porches or other "pedestrian -friendly" features; e. retaining and promoting eclectic and diverse businesses along Main Street that maintain and enhance the special character of the historic district; f. ensuring the site's usability for social activities. Response: The installation of cooking devices and consequent conversion of these units from "lodge" to "residential" use is an internal action with no proposed changes to the exterior of the building. The project and the portion of the building in which these units are located is well designed and well maintained. The site maintains a significant amount of open space and landscaping. Massing, materials, fenestration, etc. have been designed and maintained to a high quality. Sufficient public space and amenity exists within other portions of the building on Lot #51. The project maintains a high design quality ensuring the preservation of community character — the goal of this criterion. The review of this "Maintaining Design Quality" criterion should result in an acceptable score. Maroon Creek Club Lot #51 PUD/SPA Amendment & Growth Management Application Page 13 Land Use Code Standards Report ATTACHMENT/ EXHIBIT G Report: PUD Amendment Criteria G. Report: Planned Unit Development Criteria 26.445.050 Review Standards: Conceptual, Final, Consolidated, and Minor PUD. A development application for Conceptual, Final, Consolidated Conceptual and Final, or Minor PUD shall comply with the following standards and requirements. A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. Response The four Millennium Members maintain exclusive rights to use and occupy the eight lodge units. These units were developed according to and continue to be regulated by the Pitkin County land use code. Pitkin County does not prescribe occupancy patterns of lodge units and did not specifically require these units to perform in any specific manner. The City of Aspen accepted the land use approvals upon annexation and appears to concur with the unrestricted occupancy provision of these units. The Millennium Members may use their units in any manner they choose (in terms of occupancy periods) without limitation and are permitted but not required to short-term the units. The City of Aspen also appears to concur with the Millennium Members ability to combine units by issuing building permits for such unit combination. There exists no regulation in either the City or County land use code prohibiting the combination of lodge units. The City's land use code describes the existence of a full kitchen, with complete cooking facilities, as the threshold between "lodge" use and "residential" use. The units are permitted to contain other components of a kitchen (refrigerator, sink, etc.). The members are requesting the ability to install cooking devices to create complete kitchens. There is no desire to change the occupancy permissions of the units. The installation of a cooking device, or stove, will technically change the recognized land use of these units. It will change the units' use on paper. However, this is all it will change. The use pattern, occupancy, character, aesthetics, infrastructure needs, parking requirements, and all other external effects will remain unchanged. In essence, the change is only recognizable on paper as a technical change but no practical changes will be discernible. Maroon Creek Club Lot #51 PUD/SPA Amendment & Growth Management Application Page 14 Land Use Code Standards Report The installation of cooking devices is not inconsistent with similar type projects within the City which have all the physical attributes of residences (e.g. kitchens) and the use permissions of both lodging and residential uses — both short- and long-term use and the provision of cooking devices.s These projects are comprised of wholly -owned units, with complete kitchens, for which each individual owner may occupy their unit full-time, part-time, or may short-term their unit without restriction. These projects appear to be in compliance with City regulations. Sections of the Aspen Area Community plan (AACP) addressing Historic Preservation, Open Space and Recreation, Design Quality, and Arts/Culture/Education do not appear to be applicable to this application. Housing Section - The installation of cooking devices in these units will not require additional employees. In fact, the inclusion of cooking units within each unit may result in a slight reduction of service needs for each unit. The Maroon Creek Club management expects no increase in staffing levels, job responsibilities, or operations of the club with respect to the installation of cooking devices within each unit. The City recently studied the dynamics of commercial development employee generation. Analyzed were both traditional hotel/lodge units and fractional ownership projects. The City of Aspen Employee Generation Study completed in December, 2002, concluded a typical traditional hotel/lodge unit in Aspen generated approximately .5 employees per room'. The City's initial findings regarding fractional ownership projects employee generation also reports .5 employees per room8 for core functions9. Based on these studies, the original 12-unit project (one bedroom per unit) on which the employee mitigation was based could be expected to generate 6 employees. Of this number, the City requires 60% of the employees to be housed, or 3.6 employees. The City does not have employee generation standards for residential development that mirror those for commercial development. The Aspen/Pitkin County Housing Authority Guidelines (adopted annually by the City) do reference an employee generation factor— `for every 3,000 square feet of new single-family or duplex development, the public will be required to provide housing for one moderate income employee. "10 Using this standard, the 6,960 square feet being converted represents a need to house 2.3 employees, far less than the 3.6 for the lodge development. 6 For example: the Gant Condominiums, the Aspen Alps, Alpenblick, Fifth Avenue, etc City of Aspen Employee Generation Study, December, 2002, page 10, table V. 8 September 29, 2003, work session report to City Council on EPS, Inc., draft findings. 9 Core functions are defined in the report as basic functions essential to the operation of a fractional fee project but not including additional amenities such as spa services, restaurants, etc. 10 Aspen/Pitkin County Affordable Housing Guidelines, Amended January 14, 2003, Part VII, Section 12. Maroon Creek Club Lot #51 PUD/SPA Amendment & Growth Management Application Page 15 Land Use Code Standards Report Both from an operational perspective and an analytical approach, the conversion of the lodge units to residential units will not cause an increase in the employee mitigation requirements. Nor will this change affect the significant employee housing component of the original project. 40 units of Category 1 affordable housing were provided by the Maroon Creek Club development. This project appears to be in compliance with the Housing Section of the AACP. Growth Management Section - The units are built and occupied. Permitting cooking devices within each individual unit will not fundamentally change the occupancy patterns of the units and does not represent a growth issue, only a question of accounting. The City will not experience traditional growth impacts. The units are within the Urban Growth Boundary, will not require the provision of additional infrastructure, and will not exceed the defined acceptable levels of growth. The installation of cooking devices is in compliance with the Growth Management Section of the AACP. Transportation Section - The original Maroon Creek Club (Pfister Ranch) project contained significant improvements to the area's transportation infrastructure. A new intersection to Highway 82 and Stage Road/Tiehack Road was implemented. Tiehack and Stage Roads were dedicated as public infrastructure. Bike paths were developed. RFTA bus stops were provided. Public parking at the base of the Tiehack base and ski lift was provided, public fishing easements were provided, nordic trail connections through the project were provided, and a significant contribution to the recently completed pedestrian bridge connecting the Tiehack base area to the City's new recreation center was provided. The construction of 40 affordable housing units within the project, while a component of the "Revitalizing the Permanent Community" criterion, addresses this transportation facility question by locating permanent residents near transit facilities. This supports the valley transit system, permits choice in transportation options, and provides a land -use pattern supportive of transit use. The installation of cooking devices within individual units on Lot #51 will not have an effect on these trail/transit/transportation facilities and no increase in transportation demand is expected. The installation of cooking devices appears to be in compliance with the Transportation Section of the AACP. Economic Sustainability — This section of the AACP only has a few goals related to tracking local economic indicators. The Economic Sustainability Committee identified the poor quality of lodging as a significant issue for the City to address by encouraging the upgrading of existing facilities. Full kitchen facilities will improve the viability of these units, especially considering the remote nature of these units from downtown. Maroon Creek Club Lot #51 PUD/SPA Amendment & Growth Management Application Page 16 Land Use Code Standards Report The units are currently permitted to contain refrigerators and sinks. The installation of complete kitchens is essentially a change on paper, not in practicality. Permitting these units to contain cooking devices will not influence the occupancy patterns of these units. There does not appear to be any provision of the AACP with which this proposal is inconsistent. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. Response The proposed installation of cooking devices will not change the basic nature of the development or its compatibility with the surrounding uses. To the immediate west is a 39-unit affordable housing complex developed and maintained by the Maroon Creek Club. A 100-unit seasonal affordable housing development also to the west was developed by the City of Aspen and the Music Associates of Aspen. Both of these properties are accessed directly from a new intersection with State Highway 82. To the north exists a single-family residence (the Soldner residence) and open/ranch lands known as "Burlingame Ranch" and `Bar X Ranch" These two ranches are the subject of ongoing planning efforts between the City and the Zoline family for an affordable housing subdivision of up to 330 total units and 12 free-market residences. To the east are recreation facilities maintained by the Maroon Creek Club consisting of holes 1-4 of an 18-hole golf course, a driving range, a practice green, and a (seasonal) Nordic ski trail/loop. To the south is State Highway 82 and additional single-family and townhome development along the remaining portions of the Maroon Creek Club golf course. The primary base facilities for Buttermilk Ski Area exist to the southwest. The area contains a variety of uses and intensities. Lot #51 is part of this mix and is compatible with its surroundings. The presence of cooking devices within these unit should not change this quality of the project. 3. The proposed development shall not adversely affect the future development of the surrounding area. Maroon Creek Club Lot #51 PUD/SPA Amendment & Growth Management Application Page 17 Land Use Code Standards Report Response The conversion of these units to residential use is not expected to affect infrastructure capabilities or general developability of lands surrounding Lot #51. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. Response: The PUD amendment is being considered in combination with a GMQS scoring request for residential allotments. B. Establishment of Dimensional Requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD as described in General Provisions, Section 26.445.040, above. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. The proposed dimensional requirements shall comply with the following: 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of, and compatibility with, existing and expected future land uses in the surrounding area. b) Natural or man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. Response The dimensional requirements of the PUD are only being amended to reflect four residential units replacing eight lodge units. No changes to the physical dimensions of the building are proposed. This change in permitted dimensions is compatible with surrounding uses and no natural or man-made hazards exist on the property. Maroon Creek Club Lot #51 PUD/SPA Amendment & Growth Management Application Page 18 Land Use Code Standards Report 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Response No changes to the scale and massing are being proposed, only a reduction in the permitted unit density of Lot #51 from eight lodge units to four residential units. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed. c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity of the proposed development to the commercial core and general activity centers in the city. Response: The change in use of these units lessens the transportation related impacts of the development by slightly reducing the number of potential auto trips. The originally entitled 12 lodge rooms would, according to the City's parking regulations, require .7 parking spaces per unit or 8.4 spaces." In addition to this guest parking, lodge development typically generates additional trips associated with shuttle services, taxis, personal services, and additional employees. It is under this scenario that the transportation infrastructure was originally designed and developed. Developed as part of the project: • An addition of 159 parking spaces (total existing is approximately 200 — 210 spaces). • A new intersection to Highway 82 and Stage Road/Tiehack Road. • Tiehack and Stage Roads were developed and dedicated as public infrastructure. • Bike paths were developed, providing critical links in the path system. • RFTA bus stops were provided. • Public parking at the base of the Tiehack base and ski lift was provided. • Nordic trail connections through the project. " A 12-unit project is being used as a baseline as the original project's mitigations were based on this program. Maroon Creek Club Lot #51 PUD/SPA Amendment & Growth Management Application Page 19 Land Use Code Standards Report A $300,000 contribution to the recently completed pedestrian bridge connecting the Tiehack base area to the City's new recreation center. Under the proposed condition, four total residential units would, by the City's code, require a total of seven spaces12. In addition, there should be expected a reduction in the associated trips generated by the converted units. As a practical matter, Lot #51 maintains an abundance of parking for all uses at the facility. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. Response: There are no infrastructure limitations of this parcel. All necessary utilities and safety provisions exist on -site and currently serve the subject units. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mud flow, rock falls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. Response: There are no limiting factors to this site that would suggest a reduction in density. 12 City of Aspen Land Use Code Section 26.515 — one parking space for the 1 one bedroom units and 2 spaces each for the 3 two+ bedroom units = 7 total spaces. Maroon Creek Club Lot #51 PUD/SPA Amendment & Growth Management Application Page 20 Land Use Code Standards Report 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Response: The density of the project will be slightly reduced with this amendment. C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complementary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. Response: The existing site amenities will not be affected by this amendment as the development activity will be limited to within the building. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. Response: The amendment relates to internal changes of an existing building and no additional clustering opportunities exist. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. Response: The amendment is restricted to internal changes and no changes to the orientation of the structures are proposed. Maroon Creek Club Lot #51 PUD/SPA Amendment & Growth Management Application Page 21 Land Use Code Standards Report 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. Response: Proper emergency and service access exists. The internal development will not affect this access and no changes are proposed. 5. Adequate pedestrian and handicapped access is provided. Response: Proper access has been provided. The internal changes will comply with all applicable building codes and will be checked at the time of building permit. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. Response: No changes to the drainage system are proposed. The internal change should not affect the drainage improvements. 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programatic functions associated with the use. Response: The project already accommodates programmatic functions within open areas. No change to this condition should be expected. D. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the City, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits a well designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity Maroon Creek Club Lot #51 PUD/SPA Amendment & Growth Management Application Page 22 Land Use Code Standards Report and variety of ornamental plant species suitable for the Aspen area climate. Response: The project was developed with a significant amount of landscaping which is well maintained. No changes to the landscape plan are proposed. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. Response: Site amenities are not proposed to change with the conversion of these units. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Response: The internal changes do not require protection of landscape during construction. E. Architectural Character. It is the purpose of this standard to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan an architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: 1. be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. Response: No external changes are proposed, only internal modifications necessary to install cooking devices. This should not affect the visual character of the city. Maroon Creek Club Lot #51 PUD/SPA Amendment & Growth Management Application Page 23 Land Use Code Standards Report 2. incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less -intensive mechanical systems. Response: The internal changes do not affect the buildings orientation or mechanical systems. 3. accommodate the storage and shedding of snow, ice, and water in a safe and appropriate manner that does not require significant maintenance. Response: The internal changes will not affect the buildings shedding of snow and ice. This has not been a problem in the past and no changes have been recommended by the Club's operations staff or property management. F. Lighting. The purpose of this standard is to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following standards shall be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. 2. All exterior lighting shall be in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up -lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. Response: The internal changes will not affect the exterior lighting of the project. No new exterior lights are proposed or will be necessary to accommodate the conversion. Any future changes will comply with the City's Lighting Code. G. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: Maroon Creek Club Lot #51 PUD/SPA Amendment & Growth Management Application Page 24 Land Use Code Standards Report 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. Response: The proposed internal changes will not affect the open space on the parcel. The original development provided substantial open space and common amenity with associated encumbrances on those lands. The internal modifications to install cooking devices will not affect this open space. H. Utilities and Public Facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Response: Infrastructure currently serving the site is adequate and no upgrades are necessary to accommodate this conversion. "Oversizing" at this point is not practical as no changes to the utility system are proposed. Maroon Creek Club Lot #51 PUD/SPA Amendment & Growth Management Application Page 25 Land Use Code Standards Report I. Access and Circulation. The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. Response: This condition already exists and the development proposed will not affect this access. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. Response: The conversion will not create road congestion and no changes to the circulation infrastructure are proposed. 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. Response: Substantial trail and recreation access and infrastructure was provided and developed at the time of the original development. These recreation amenities are primarily maintained by the Maroon Creek Club. Certain amenities are maintained by the City of Aspen (bike path and pedestrian bridge) or RFTA (bus stop). The internal modifications are not expected to incur any additional need for recreational facilities. Maroon Creek Club Lot #51 PUD/SPA Amendment & Growth Management Application Page 26 Land Use Code Standards Report 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. Response: Significant trail and recreation infrastructure was developed with the subdivision. There are no trail, path, or transportation improvements specified for this land in the 2000 AACP. The internal modifications should not create a need for additional facilities. 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. Response: No changes to the road system are proposed. 6. Security pates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. Response: No changes to the road system are proposed. J. Phasing of Development Plan. The purpose of this criterion is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. Maroon Creek Club Lot #51 PUD/SPA Amendment & Growth Management Application Page 27 Land Use Code Standards Report 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees -in -lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Response: No phasing plan has been proposed. Maroon Creek Club Lot #51 PUD/SPA Amendment & Growth Management Application Page 28 Land Use Code Standards Report ATTACHMENT/ EXHIBIT H Report: SPA Amendment Criteria H. Report: Specially Planned Area 26.440.050 Review Standards for Development in a Specially Planned Area (SPA) In the review of a development application for a conceptual development plan and a final development plan, the Planning and Zoning Commission and the City Council shall consider the following: 1. Whether the proposed development is compatible with or enhances the mix of development in the immediate vicinity of the parcel in terms of land use, density, height, bulk, architecture, landscaping and open space. Response: The proposed installation of cooking devices will not change the basic nature of the development or its compatibility with the surrounding uses. To the immediate west is a 39-unit affordable housing complex developed and maintained by the Maroon Creek Club. A 100-unit seasonal affordable housing development also to the west was developed by the City of Aspen and the Music Associates of Aspen. Both of these properties are accessed directly from a new intersection with Highway 82. To the north exists a single-family residence (the Soldner residence) and open/ranch lands known as "Burlingame Ranch" and `Bar X Ranch': These two ranches are the subject of ongoing planning efforts between the City and the Zoline family for an affordable housing subdivision of up to 330 total units and 12 free-market residences. To the east are recreation facilities maintained by the Maroon Creek Club consisting of holes 1-4 of an 18-hole golf course, a driving range, a practice green, and a (seasonal) nordic ski trail/loop. To the south is State Highway 82 and additional single-family and townhome development along the remaining portions of the Maroon Creek Club golf course. The primary base facilities for Buttermilk Ski Area exist to the southwest. No changes to the building's exterior are proposed and the building's aesthetics should continue to be compatible with surrounding architecture, landscaping, and open space. 2. Whether sufficient public facilities and roads exist to service the proposed development. Response: Maroon Creek Club Lot #51 PUD/SPA Amendment & Growth Management Application Page 29 Land Use Code Standards Report The installation of cooking devices in these units should lessen the overall transportation related impacts of the development by slightly reducing the number of potential auto trips. The originally -entitled 12 lodge rooms would, according to the City's parking regulations, require .7 parking spaces per unit or 8.4 spaces. In addition to this guest parking, lodge development typically generates additional trips associated with shuttle services, taxis, personal services, and additional employees. It is under this 12-unit scenario that the transportation infrastructure was originally designed and developed. Developed as part of the project: • An addition of 159 parking spaces (total existing is approximately 200 — 210 spaces). (There appears to be an abundance of parking at the facility.) • A new intersection to Highway 82 and Stage Road/Tiehack Road. • Tiehack and Stage Roads were developed and dedicated as public infrastructure. • Bike paths were developed, providing critical links in the path system. • RFTA bus stops were provided. • Public parking at the base of the Tiehack base and ski lift was provided. • Nordic trail connections through the project. • A $300,000 contribution to the recently completed pedestrian bridge connecting the Tiehack base area to the City's new recreation center. Under the proposed condition, four total residential units would, by the City's code, require a total of seven spaces13 - a reduction in the overall demand. In addition, there will also be a reduction in the associated trips generated by the converted units. There are sufficient transportation facilities to serve the development and the proposed change. 3. Whether the parcel proposed for development is generally suitable for development, considering the slope, ground instability and the possibility of mud flow, rock falls, avalanche dangers and flood hazards. Response: The site, Lot #51, is suitable for development and is not affected by potential natural hazard. 4. Whether the proposed development creatively employs land planning techniques to preserve significant view planes, avoid adverse environmental 13 City of Aspen Land Use Code Section 26.515 — one parking space for the 1 one bedroom unit and 2 each for the 3 two+ bedroom units = 7 total spaces. Maroon Creek Club Lot #51 PUD/SPA Amendment & Growth Management Application Page 30 Land Use Code Standards Report impacts and provide open space, trails and similar amenities for the users of the project and the public at large. Response: The original Maroon Creek Club (Pfister Ranch PUD) went through an elaborate multi -year planning process with Pitkin County. Significant open space and vistas were preserved and substantial public amenity was provided. The proposed installation of cooking devices will not affect the public benefits that resulted from this project. 5. Whether the proposed development is in compliance with the Aspen Area Comprehensive Plan. Response: Please refer to the AACP Criterion under PUD Section A, 1. 6. Whether the proposed development will require the expenditure of excessive public funds to provide public facilities for the parcel, or the surrounding neighborhood. Response: No public funds are required. 7. Whether proposed development on slopes in excess of twenty (20) percent meet the slope reduction and density requirements of Section 26.445.040(B)(2). Response: No slopes of this magnitude exist on Lot #51 and the internal construction will not impact environmentally sensitive areas. 8. Whether there are sufficient GMQS allotments for the proposed development. Response: Sufficient residential allotments exist and have been requested. Maroon Creek Club Lot #51 PUD/SPA Amendment & Growth Management Application Page 31 Land Use Code Standards Report ATTACHMENT/ EXHIBIT I Required Additional Submission Contents I. Required Additional Application Contents: Response to Section 26.470.080.C.2.b Application contents for Residential or Tourist Accommodations Development and for Commercial or Office Development. In addition to the general application contents set forth above, applications for non-exempt developments shall include the following: A written description of the proposed development including statements about: (a) How the proposed development shall be connected to the public water system, including information on main size and pressure; the excess capacity available in the public water system; the location of the nearest main; and the estimated water demand of the proposed development. Response: The development is currently served by the City of Aspen. Conversion of the units will not affect the "fixture count" of the units or cause an increase in water demand. No substandard conditions exist and no upgrades should be necessary to continue serving this development. (b) How the proposed development shall be connected to the public sewage treatment system; the access capacity available in the public sewage treatment system; the nearest location to the building site of a trunk or connecting sewer line; and the expected sewage treatment demand of the proposed development. Response: The development is currently served by the Aspen Consolidated Sanitation District. No additional fixtures are contemplated with this application and conversion of the units will not affect the `fixture count" of the project. (c) The type of drainage system proposed to handle surface, underground and runoff waters from the proposed development, and the effect of the development on historic drainage patterns. Response: No changes to the currently developed drainage plan are proposed. The conversion of the units is entirely internal and not affecting ground coverage or drainage patterns of the existing site. Property management has not experienced drainage problems to date and no off -site impacts have been reported to the club. No additional drainage infrastructure is proposed. Maroon Creek Club Lot #51 PUD/SPA Amendment & Growth Management Application Page 32 Land Use Code Standards Report (d) The type of fire protection systems to be used, (such as hydrants, sprinklers, wet standpipes, etc.); and the distance to the nearest fire station and its average response time. Response: The development is currently served by the Aspen Fire Protection District, headquartered at 420 East Hopkins, approximately 1.5 miles east of the subject site along State Highway 82. According to Darryl Grob, Fire Chief, an approximate 10-minute response time to the site should be expected. The subject structure was developed with an automatic fire suppression system (sprinklers) and fire hydrants are on -site, the closest being approximately 30 - 40 feet to the edge of the subject structure. Because the project was recently developed and is currently served by the headquarters station, the applicant assumes no fire protection issues exist. (e) The total development area of the proposed development; the type of housing or development proposed; total number of units and bedrooms, including employee housing; and a tabular analysis outlining the proposed development's compliance with the dimensional and use requirements of this Title. Response: The dimensional standards for this project are subject to adoption of a Final PUD Plan. No physical dimensions of the project (setbacks, height, etc.) are proposed for modification, only the allowable residential density and associated parking spaces. (f) The estimated traffic count increase on adjacent streets resulting from the proposed development; a description of the type and condition of roads to serve the proposed development; the total number of vehicles expected to use or be stationed in such development; the hours of principal daily use on adjacent roads; the on- and off -site parking to be supplied to the proposed development; location of alternate transit (bus route, bike paths, etc.); any automobile disincentive techniques incorporated in the proposed development; whether roads or parking areas will be paved; and methods to be used for snow and ice removal on streets and parking lots. Response: The original project was developed with the required improvements to the area's transportation infrastructure, including new roads and an underpass on State Highway 82. The subject portion of the project was originally programmed for 12 lodge units and a total of 12 bedrooms and the infrastructure was sized accordingly. This portion of the project was subsequently downsized after development of the infrastructure to a total of 8 bedrooms. No additional transportation infrastructure is proposed. Maroon Creek Club Lot #51 PUD/SPA Amendment & Growth Management Application Page 33 Land Use Code Standards Report (g) The method by which affordable housing will be provided, in conformance with the provisions of Section 26.520.020, and a description of the type and amount of such housing to be provided. Response: The original Maroon Creek Club project provided 40 units of affordable housing comprised of a 39 unit multi -family project and one single- family residence — all Category 1. This was provided to meet Pitkin County's affordable housing mitigation requirement. This conversion will not increase the demand for employees and, therefore, no additional employee housing is proposed. (h) The type of stoves and fireplaces to be installed, including those using wood, coal, gas or other fuels, the number of such stoves and fireplaces, and any emission control devices used on the stoves or fireplaces. Response: The property is currently developed with several gas fire places in conformance with the City's restrictions on heating devices. A restriction on the total number of gas fireplaces per residence applies to the entire subdivision. No additional fireplaces are proposed as part of this application. Any amendments to individual units in the future will comply with the City's guidelines in effect at the time and the above -mentioned gas fixture regulation. (i) The location of the proposed development relative to proposed or existing parks, playgrounds, schools, hospitals, airports, mass transit systems, and the estimated increased usage of such facilities by the proposed development. Response: The project is located within a reasonable distance to these facilities. Negligible changes should be expected on the demands for these facilities between the current use pattern and the proposed conversion. 0) The location of the proposed development relative to existing and proposed retail and service outlets, and the estimated increased demand on such outlets from the proposed development. This does not apply for a development application for commercial/office development. Response: The project is located within the City limits and within an area served by its retail and service outlets. A negligible change in demand for these services should be expected by the conversion. Maroon Creek Club Lot #51 PUD/SPA Amendment & Growth Management Application Page 34 Land Use Code Standards Report (k) The effect of the proposed development on adjacent land uses. Response: No negative effect on adjacent uses is expected. The units are currently used in a residential style in harmony with the remaining uses in the immediate neighborhood. (1) The construction schedule for the proposed development, including, if applicable, a schedule for phasing construction. Response: The project is developed and no significant construction impacts should be expected. The conversion will permit the addition of "cooking devices," the remaining equipment needed to provide an entire kitchen and render the units residential. A precise schedule for installing cooking devices has not been developed. A phasing plan has not been proposed. A site utilization map including: (a) Preliminary architectural drawings in sufficient detail to show building size, height, materials, insulation, fireplaces, stoves, solar energy devices (demonstrating energy conservation or solar energy utilization features), type of units, internal configuration of principal, accessory and other spaces, and location of all buildings (existing and proposed) on the site. Response: A plan describing the installation of a cooking device in combined unit 1, 2, & 3 (the Williams unit) is provided. Specific plans for the remaining units have not been developed at this time but will be substantively similar. Pending land use approvals, the applicant will proceed with all necessary plans review and building permit processes of the City. (b) Proposed landscaping, screening, attempts at preserving natural terrain and open space, amenities to be provided on -site, and proposed underground utilities. Response: The project contains a liberal amount of landscape and other amenities and continues to sufficiently maintain these amenities. Utilities were undergrounded at the time of original development. The application is limited to the addition of cooking devices and no additional landscaping is proposed. (c) Motor vehicle circulation, parking, bus and transit stops, and improvements Maroon Creek Club Lot #51 PUD/SPA Amendment & Growth Management Application Page 35 Land Use Code Standards Report proposed to insure privacy from such areas. Response: No changes to site circulation, parking, etc. are proposed. The subject units are adequately shielded from parking and circulation areas with landscape berms and plantings. The applicants are current residents of the project and believe sufficient privacy is provided. (d) Any major streets or roads, pathways, foot, bicycle or equestrian trails, and greenbelts located on or adjacent to the site. Response: Please refer to exhibits describing existing improvements on and adjacent to the site. No changes to the existing transportation infrastructure are proposed. (e) A general description and location of surrounding existing land uses, and an identification of the zone district boundary lines, if applicable. Response: The subject units are part of the development within Lot #51. This lot contains the primary club facilities and maintenance facilities necessary for club operations. To the north exists a single-family residence (the Soldner residence) and open/ranch lands known as "Burlingame Ranch" and "Bar X Ranch". These two ranches are the subject of ongoing planning efforts between the City and the Zoline family for an affordable housing subdivision of up to 330 total units and 12 free-market residences. To the east are recreation facilities maintained by the Maroon Creek Club consisting of holes 1-4 of an 18-hole golf course, a driving range, a practice green, and a (seasonal) nodric ski trail/loop. To the south is State Highway 82 and additional single-family and townhome development along the remaining portions of the Maroon Creek Club golf course. The primary base facilities for Buttermilk Ski Area exist to the southwest. To the immediate west is a 39-unit affordable housing project developed by the Maroon Creek Development Corporation and a 100-unit seasonal affordable housing development built by the City of Aspen and the Music Associates of Aspen. The parcel, Lot #51 of the Maroon Creek PUD (aka Pfister Ranch PUD), is zoned Park with a Planned Unit Development overlay and a Specially Planned Area overlay — P-PUD-SPA. Maroon Creek Club Lot #51 PUD/SPA Amendment & Growth Management Application Page 36 Land Use Code Standards Report ATTACHMENT/ EXHIBIT J City of Aspen Pre -Application Conference Summary CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: James Lindt, 920.5095 DATE: 9/26/03 PROJECT: MCC SPA Amendment, GMQS Scoring REPRESENTATIVE: John Howard OWNER: Maroon Creek Club TYPE OF APPLICATION: SPA/PUD Amendment, GMQS Scoring and Competition DESCRIPTION: The Maroon Creek Club Millennium Members have decided that they all would like to have the ability to install kitchens within their lodge units that are located in the Maroon Creek Club, thereby making them residential dwelling units by definition of the land use code. Given that an application is in the process of being reviewed by City Council to add a kitchen to one of the lodge units, staff would require that the expanded PUD/SPA amendment request be reviewed again by P & Z because adding the other units to the application is a substantial change to the application. GMQS Scoring approval is required to allow for more than one lodge unit to be converted into residential units. Land Use Code Section(s) 26.304.060(B) Combined Review 26.440.090(B) Consolidated Specially Planned Area Amendment 26.445.100(B) PUD Amendment 5.470.080 GMQS Development Allotment and Application Procedures Review by: Staff for complete application; referral agencies for technical considerations; Housing Authority Staff for recommendation regarding employee housing mitigation; Planning and Zoning Commission for recommendation to City Council on PUD/SPA Amendment. The Growth Management Scoring request requires review by the Growth Management Commission for the scoring of the project and then review by City Council and the Board of County Commissioners to accept the scoring approval. City Council shall be the final review authority regarding the proposed SPA/PUD request. Public Hearing: Yes at P & Z, Council 2"d Reading of Ordinance. Planning Fees: Total Deposit: Time billed will be added onto the deposit submitted for Land Use Application No. A031-03. To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Letter of consent to apply from a person or persons owning more than 50% of the property subject to the development application. (Likely the Maroon Creek Club Master Association and Maroon Creek Club) 4. Signed fee agreement. 5. Pre -application Conference Summary. 6. An 8 1/2" x I I" vicinity map locating the subject parcels within the City of Aspen. Proof of ownership. 8. Site Improvement Survey. 9. Proposed site plan that includes parking plan. 10. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 11. List of adjacent property owners within 300' for public hearing. The GIS department can provide this list on mailing labels for a small fee. 920.5453 12. Copies of prior approvals. 13. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD) -preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. 30 Copies of the complete application packet (items 5-12) Process: Apply. Planner checks application for completeness. Application is then referred to applicable referral agencies. Applicant is then given a public hearing date by Staff. Staff writes a memo of recommendation. Planning and Zoning Commission reviews case and makes a recommendation to City Council on PUD/SPA amendment request. The Growth Management Commission reviews the GMQS scoring request and makes a recommendation to City Council and the BOCC. City Council makes final determination in the form of an ordinance on the PUD/SPA Amendment. The BOCC and City Council then have to accept the Growth Management Commission's scoring of the proposal. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. ATTACHMENT/ EXHIBIT K Letters of Authorization for Bluegreen and Jim Williams October 27, 2003 .Mr. James Lindt City of Aspen Community Development Department 130 South Galena Street Aspen CO 81611 RC: Maroon Creek Club PUD Amendment, SPA Amendment and GMQS Scoring Dear Mr. Lindt: This letter is to authorize Sheri Sanzone of Blue Green to represent the Millennium Membership in our application for a PITD Amendment, SPA Amendment, and Growth Management Quota System Scoring. She is authorized to act on my behalf' in all matters pertaining to this application. All contact should be handled through her atthe following address: Sheri Sanzone Blue Green 412 North Mill Street, Suite 138 Aspen Colorado 81611 T 970.429.7499 F 970.429.9499 Blue green(iiISOPri .net Jim Williams is also authorized to act on behall'ol'the Millennium Membership as the membership's representative. All contact with Millennium members., if needed, should be handled through him at the following address: Jim Williams Land Plan Development Corporation 5400 Dallas Parkway Frisco Texas 75034 T 214.618.3800 F 214.618.3830 ji.in@l ndplan,com Sincerely, el ■ ■ T'd TLOS-999 (T9Sl 1108 ajopoaul dTt,:60 CO LZ aOO 01 Jim Williams Units 1, 2, and 3 Carol Duncan Unit.S 5 and 6 Jim Pierce Unit 4 Tcd Bill Units 7 and 8 z•d TL09-999 (T99) TTag ajopoayl dTb:BO CO LZ zoo lct 25 03 05:53p p.1 October 27, 2003 Mr. James Lindt City of Aspen Community Development Department 130 South Galena Street Aspen CO 81611 RE: Maroon Creek Club PUD Amendment, SPA Amendment and GMQS Scoring Dear Mr. Lindt: This letter is to authorize Sheri Sanzone of Blue Green to represent the Millennium Membership in our application for a PUD Amendment, SPA Amendment., and Growth Management Quota System Scoring. She is authorized to act on my behalf in all matters pertaining to this application. All contact should be handled through her at the following address: Sheri Sanzone Blue Green 412 North Mill Street, Suite B8 Aspen Colorado 81611 T 970.429.7499 F 970.429, 9499 BlueureeW!sop�_ ris.ri llennium Jim Williams is also authorized to act oncontactor t ehalfof the Millennliulm members, if f needed, should mbership as the membership's representative. be handled through him at the following address: Jim Williams Land Plan Development Corporation 5400 Dallas Parkway Frisco Texas 75034 T 214.618.3800 F 214.618.3830 'im .landplan.com Sincerely, )ct 25 03 05:53p p.2 Jim Wi 1' ms Units ,, and 3 Carol Duncan Units 5 and 6 Jim Pierce Unit 4 Ted Bell Units 7 and 8 October 27, 2003 Mr. James Lindt City of Aspen Community Development Department 130 South Galena Street Aspen CO 81611 RE: Maroon Creek Club PUD Amendment, SPA Amendment and GMQS Scoring Dear Mr. Lindt: This letter is to authorize Sheri Sanzone of Blue Green to represent the Millennium Membership in our application for a PUD Amendment, SPA Amendment, and Growth Management Quota System Scoring. She is authorized to act on my behalf in all matters pertaining to this application. All contact should be handled through her at the following address: Sheri Sanzone Blue Green 412 North Mill Street, Suite B8 Aspen Colorado 81611 T 970.429.7499 F 970.429.9499 Blue ,reennsonris.net Jim Williams is also authorized to act on behalf of the Millennium Membership as the membership's representative. All contact with Millennium members, if needed, should be handled through him at the following address: Jim Williams Land Plan Development Corporation 5400 Dallas Parkway Frisco Texas 75034 T 214.618.3800 F 214.618.3830 iim ,landplan.com Sincerely, A T 'd S-Ir9L9SL898 wuowna ioHuo dbb =t+0 60 82 430 A Jim Williams Units 1, 2, and 3 CA� z - � t-1--I Carol Duncan Units 5 and 6 Jim Pierce Unit 4 Ted Bell Units 7 and 8 a•d S�,9L99LBSB wu3wna -ioNuo dui,=�,o CO 82 430 ATTACHMENT/ EXHIBIT L Millennium Memberships Information Dec. 4. 2002 1:34PM MAROON CREEK CLUB No. 2557 P. 7/11 MAROON CREEK CLUB MELLENNWM MEMBERSgIP AGREEMENT APPLICATION FOR MILLENNIUM MEMBERSHIP FRTVILEGES. The imdersigned desires to obtain a Three Bedroom lllennium Membership at Maroon Creek Club and agrees to pay a membership deposit (for two gulf/tennis memberships) of S450,000.00 ($225,000 for each membership) (the "Membership Deposit"), which includes a non-refundable amount equal to $70,000.00 ($35,000 per golf/tennis membership), and to pay a membership fee of $1,050,000.00 (the "Membership Fee") and hereby submits this Millennium Membership Agreement along with the Application for Millennium Membership Privileges to Maroon Creek Club for consideration. If approved by the Club, the undersigned shall have the opportunity to use the Club Facilities provided at Maroon Creek Club and the exclusive use of the designated Member Suites identified as Suites one, two and throe. MILLENNIUM MEMBERSHIP PRIVILEGES AT MAROON CREEK CLUB; NO OWNERSHIP INTEREST IN THE CLUB OR THE CLUB FA('n•rITES. The undersigned hereby acknowledges and understands that Maroon Creek Limited Liabi- ity Company, a Colorado limited liability company, doing business as Maroon Creek Club (the "Club"), currently owns, manages and operates the facilities provided at Maroon Creek Club. The undersigned further acknowledges that a Millennium Membership at Maroon Creek Club permits the undersigned to use the recreational facilities provided at Maroon Creek Club and the designated Member Suite in accordance with the Millermium Membership Plan, but is not an investment in Maroon Creek Limited Liability Company, MaT001I Creek Lodge, LLC or the recreational facilities or the designated Member Suite provided at Maroon Creek Club, nor does the Millennium Membership confer on the undersigned any equity or ownership interest or any other property interest in Maroon Creek Limited Liability Company, Maroon Creek Lodge, LLC or the recreational facilities or the designated Member Suite provided at Maroon Creek Club. Millennium Membership does not grant to the undersigned a vested or prescriptive right or easement to use tim recreational facilities or the designated Member Suite: provided at Maroon Creek Club. The undersigned only obtains a non-exclusive revocable license to use the recreational fiailities and the designated Member Suite provided at Maroon Creek Club m accordance with the terms and conditions of the Millennium Membership Plan, as it may be amended from time to time. PAYMENT OF MEMBERSHIP DEPOSIT AND M7WBERSHIP FEE. The undersigned hereby agrees to pay the Membership Deposit and the Membership Fee (both amounts are set forth above) for a Millennium Membership at Maroon Creek Club, plus any applicable taxes, in full upon submitting this Millennium Mcmbership Agreement and the Application far Millennium Membership Privileges to the Club_ THE MEMBERSHIP DEPOSIT AND MEMBERSHIP FEE PAID TO THE CLUB WILL INMALLY BE I3ELD IN AN ESCROW ACCOUNT. Upon receipt of the Membership Deposit and Membership Fee, the Club shall deposit the full Membership Deposit and Membership Fee set forth above in an escrow account until disbursed as descnbed below. All of the Membership Deposit and Membership Fee deposited in the escrow account shall remain in the escrow account until the occurrence of the earlier of the following events: (i) the deposit of su>l,ieicnt funds in the escrow account to satisfy the indebtedness incurred in connection with the construction of the Member Suites, or (ii) the indebtedness incurred in connection with the construction of the Member Suites has otherwise been satisfied. On= sufficient fiends have been deposited in the escrow account to satisfy the indebtedness incurred in connection with the construction of the Member Suites or the indebtedness incurred in connection with the llec. 4.4UU4 11form MAAVUV UxtU l,LUB No. 2557 P. 8/11 construction of the Member Suites has otherwise been satisfied, all of the Membership Deposits and Membership Fees held in the escrow account, including any interest earned tb released directly to the Club. Unless the indebtedness incurred in c won' shall be armcction with the construction of the Member Suites has previously beta satisfied, the Club shall use the fiords released from the escrow account to satisfy the indebtedness incurred in connection with the construction of the Member Suites and the balance of the fiords released from the escrow, account along with all Membership Deposits and Membership Fees received thereafter from the issuanee Of lVGllcrniurn Memberships shall belong to the Club and may be used for any purpose deemed appropriate by the Club from time to time, in its sole discretion. Although the indebtedness incurred in connection with the construction of the Member Suites will be satisfied once the membership deposits and membership fees are released from the escrow account, the undersigned acknowledges that the Club will continue to have an outstanding mortgage loan secured by a deed of trust on the Club Facilities and the Member Suites. REPAYMENT OF A PORTION OF THE MEAMRSHIp DEp0SZT Upon approval of the Application for Millennium Membership Privileges, the Club tmconditianally agrees to pay to the undersigned member at Maroon Creek Club the sum of $190,000.00 (the ".Maturity Date Payment") which represents the Membership Deposit described above less the non-refundable amount described above, without interest, payable in one installment on the anniversary date thirty years from the date the Application for Millennium Membership P?ivileges is approved by the Club (the "Maturity Date"). This sum ($190,000) will also be paid to the assignee of the second golf/tc�nnis membership per the purchase agreement. Pursuant to the Millennium Membership Plan, in the event the Millennium Membership is resigned prior to the Maturity Date, the undersigned member may elect to receive a Transfer Payment, in the amount described below, in lieu of receiving the Maturity Date payment described above on the Maturity Date. If the undersigned member, elects this option, the Club er Payment described below within fifteen days Shall pay to the undersigned member the Transf after the undersigned's resigned Millennium Membership has been reissued by the Chub to a successor member, who has been approved for membership and paid the required membership deposit and membership fee in full to the Club for the undersigned's Millennium Membership, in accordance with the terms and conditions of the Millennium Membership Plan. In order to be paid the Transfer Payment, the undersigned member must be in good standing and all dues, fees, clubhouse minimums, suite maintenance charges, assessments and other charges must be paid in fu11. The Transfer Payment shall be equal to the sum of (t7 one hundred percent of the membership fee then charged by the Club for a Millennium Membership at the time the Milcnnium Membership is reissued by the Club, plus (ii) an amount equal to the grater of $190,000.00 or eighty percent of the difference between the membership deposit charged by the Club for a Golf Membership and Tennis Membership at the time the undersigned's resigned Millennium Membership is reissued by the Club less $35,000.00. However, in no event shall the amount determined pursuant to subparagraph (ii) of this paragraph be more than the Membership Deposit set forth above and actually paid to the Club by the undersigned member. In the event the Millennium Member has not received the Transfer Payment described above prior to the Maturity Date, the Club shall pay to such MIIennium Member the Maturity ue c. 4. cuuc t : form blAXUuly LXtU (,Lull No. 2557 P. 9/11 Date Payment described above an the Maturity Date. Upon the subsequent resignation and rcissuance of the Millennium Membership by the Club after the Maturity Date, the amount of the Transfer Payment described above shall be reduced by the Maturity Date Payment previously paid to the member on the Maturity Date. Upon payment of the Transfer Payment, the Millennium Membership and all privileges to use the recreational facilities and the designated Member Suite at Maroon Creek Club shall terminate. The obligation to refund the Maturity Date Payment and to pay the Transfer; Payment shall be limited solely to the Club and no officer, director, Shareholder, partner, manager, member, agent or affiliate of the Club shall be obligated to reftnnd the Maturity Date Payment and to pay the Transfer Payment or any other portion of the Membership Deposit or Membership Fee and all claims against all such persons or entities for such amounts are hereby irrevocably waived. The undersigned further acknowledges and agrees that receipt of the Transfer Payment shall constitute a full and unconditional release and waiver by the undersigned of any liability, claim, demand and causes of action arising under or related in any way to rtternbership at Maroon Creek Club, the use of the recreational facilities and Member Suites provided at Maroon Creek Club and the Millennium Membership Plan. RECEIPT OF MJC ENN UM MEM ERSHIp pLAN. The undersigned hereby acknowledges receipt of the Plan for the Offering of Millennium Memberships at Maroon Creek Club amended October 2001, the Rules and Regulations, the Application for Millennium Membership Privileges and this Millennitum Membership Agreement (collectively, the "Millennium Membership Plan") and the Plan for the Offering of Memberships at Maroon Creek Club amended January 2000, and agrees to abide by all of their respective terms and conditions as amended from time to time. -2- PAYMENT OF MEMBERSHIP ACCOUNT, All fees, clubhouse minimums, food, beverage, merchandise, services and other charges of the Club charged to the undersigned's Club amount wiU be billed monthly and shall be due upon receipt and shall be deemed delinquent if not paid by the last day of the month in which the statement was trailed. The undersigned hereby agrees to pay all dues, fees, clubhouse minimums, suite maintenance charges, assessments and other charges incurred by the undersigned, immediate family members and their guests and to pay the Club account when due. Past due bills will accrue a late fee each month in an amount equal to a minimum late fee established by the Club from time to time and/or interest at a rate determined by the Club not to =ceed the maximum rate permitted by law from the date of the staterrient until paid in full. The undersigned further agrees to pay all reasonable attorneys' fees, investigation fees and other costs incurred in connection with the collection of delinquent Lb V. I. L.VUL i . JUTA MAAVVtr UALLA i,Lun No. 2557 P. 10/i i accounts. The membership card(s) shall remain the property of the Club at all times and shall be returned to the Club upon request. THE UNDERSIGNED HAS THE RIGHT TO TERMINATE THLS MILLENNWM MEMBERSHIP AGREEMENT AND OBTAIN A FULL REFUND. In C.R.S. 12-61-405 (1)(i) the undersigned has the ti acc�.nee With this Millennium Mcmbershi A i to rescind the Millcnnium Membership and p greement with or without cause and at the undersigned's sole option, by telegratrr, trail or hand delivery at any time within five calendar days following the date of signing of this Millennium Membership Agreement by both the Such request shall be considered made if by mail when postmarked, and ifapplicant and the Club. wh for transmission, and if by hand delivery when delivered to the Club's by place graf bsines. This right of rescission cannot bem en filed waived. Upon rescission of the Millm enniuMembership and this Millennium Membership Agreement by the undersigned, the Millennium Membership along with all privileges to use the recreational facilities and the Member Suites at Maroon Creek Club as provided above shall terminate_ This Millennium Membership Agreement and the Application for Millennium Membership Privileges shall be governed by and co Iinordance wi the laws of the State of Colorado without regard to principles of conflictsOLDate Print Name of Member/AppIican[ of MemoJli t444 R. Iw liDate Print Name of Spouse of Spouse This Millennium Membership Agr=nent shall not be binding on Maroon Cttck Club until the acceptance below is signed, Maroon Creek Limited Liability Company, a Colorado limited liability company d/b/a Maroon Creek Club BY: Title. Dater Maroon Creek Club 10 Club Circle AspeN Colorado 81611 (970) 920-1533 Appended October 2001 Y. c.vur.GU i . j U L mUAM ,nARMI "LLA "unjMaem NNO, 25-57- p P. 11/1 lrz [;A1 Idt1�t,'�R_(,L�I��Q I,LU$ n0,_C48i r, j November 7, 2W2 .MCC 123, LLG- C/4 Jim WUMM Jr. Ffisco, Teas 75034- - In the evoat ;hot you finance a - y portion df Y0w Mszoo= Creek �Crub l�rlieanium Membership, this letter wiU evidence ray e,gr eg= to pq.tbe MBio�a�n Ci* Glob- _- - annually an amount equal to 1% ofthe amcunt,Vout Sam- upio 31Z,000 tawatc� - - yotu wmusl dues forIve yedn beginning fn 20031 In the rz= prepay any pef ion of your Wlm mium Mcmb - _ • will be reducedelan ameuni, my UMMl obligation . to 1% ofthe cummading laan bronco. Aces are paid once a year on April 30. Therefore, in the event that y - pam= of your loan amount aver dues have-hein paid on -of a_� �Y an yea,, you-agm to refund the proracad amount of dues a9 3-0-of gir y= 'flan. My obligation is to Pay the M=Da Creek Club I % per aauum of-the outstanding balance for five year!, r= to exceed S12,000 per year; . 1 agree that yauu annual maiataaancc kw for the thm =its that come v4th yaw _ - MU=ni= Memberebip will Mot exceed $10,000 per unit (S30,OOain_th,e aggregate) far )tan 2003 Bad 2004. MWntemnce f ecs fat the remainder of 2002 - . have been paid. If the Maroon Creek Club,chqVs -a greater armua�mairitesiSa+ee ' _- fee -for the three -units in years 2003 cad 2W, I will pay gR �uncsexeesB of _ S 10, 000 pet umt. - , - If this letter properly sets forth our agt'et;aeat; please si-"bC6w, -• _ - ~ - AM Peace MCC 123,LLC.A--De" Litfted Liability Compaar _ • ' - _ - - Br,_ �j -0 Williams Jr. - - - �••,� - - ATTACHMENT/ EXHIBIT M Letter from Andy Hecht representing property ownership OCT- 29. 2003 12:51 GARFIELD & HECHT NO. 3633 P. 1 RONALD GARFISLD1 ANDREW V. 14FCHT DAVID L. LENYO MATTHEW C. FERGUSONI CHRISTOPHER 1. LaCROIX 1.2 CHAD 1. SCHMIT' EDp:N C. STEELE NATASHA SAYFOL GREGORY S. GORDONI•4 MICHAEL D. MCCOLLUM PARALECAl, CRAG E. BOGNER IT MANAOBR. PARALEGAL GARFIELD & I CHT ff ATTORNEYS AT LAW E-mail: arty @ garticldhecht,cam Website: www.garfieldhechi.com October 29, 2003 Mr- lames Lindt City of Aspen Community Development Departinent 130 South Galena Street Aspen, CO 81611 Re: Maroon Creek Club PUD Araendmrint/ SPA Amendment(GMQS Scoring Dear Mr. Lindt: 601 EAST HYMAN AV F.NUE ASPEN. cOl-ORADO 81611 TKEPHONE (970) 925-1936 FACSIMILE? (970)925-3009 110 MIDLAND AVENUE SUITE 201 BASALT, COLORADO 81621 TELEPHONE (97U). 927-193-6 PAMMILE (970) 927-1783 Tip connection with the above -referenced application, this letter is to certify the ownership of Lot 51, Marooli Creek Subdivision (North), Aspen, Colorado. The Maroon► Creels Limitcd Liability Company and AEP Family LLLP are the owners of the subject parcel and have good title to the property. Subject to required dovcrnincatal applrovals, Maroon Creek Limited Liability Company has the authority to allow the physical alterations that are the subject of this application. Proof of ownership is attached, The owners authorize Blue Green, land use planner, and Jim Williams, Millennium Member, to process the above - referenced application subject to final agreeineut by property owner of any approvals that are binding against the Lot 51 or any other property owned by Maroon Creels Limited Liability Company. Please let me know if you need additional information. Very truly yours, Maroon Creels Limited Liability Company AEP Family LLLP By - Andrew V. Hecht, Member Attachment - Copy of title By: Attorney -in -fact 89161vt I also admiued to 2. also admitted to 3. also admitted to A. also admired to Ne- York Bnr Connecticut Hat Illinois Bu' N— ltcsey $1r ® Primed ort rwyclrtl paper ATTACHMENT/ EXHIBIT N Letter from Steve Elliot representing Master Homeowners Association lct 24 03 03:30p Joshua & Co. 920-1777 p.1 October 24, 2003 JAMES LINDT City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re.: Maroon Creek Club PUD Amendment/SPA Amendment/GMQS Scoring Dear Mr. Lindt: I am writing on the behalf of the Maroon Creek Club Master Homeowner's Association in regard to the physical alterations proposed by the Millenium Membership and the proposed change to residential use. The Millenium Membership has full approval from the Association to proceed with the proposed project. Please do not hesitate to call if you need additional information. Sincerely, %4� STEVE ELLIOTT Master Association Manager Cc: Scott Erwin via facsimile transmission REAL ESTATE MANAGEMENT SERVICES LUXURY RENTALS 1 a-1111na .lpir,,,, J 300 S. HUNTER ST. ASPEN, Co 8 161 1 CHRiSTIE'S TEL 970.925.8810 FAX 970.925.4349 GREAT ESTATES ATTACHMENT/ EXHIBIT O Letter from Scott Erwin representing the Maroon Creek Lodge, LLC Oct, 24. 2003 2: 57PM MAROON CREEK CLUB No, 5279 P. 1 ot A-4 MAROON CREEK CLUB 10 C.fuh CtlCfe • Aspen Colo, ado 81611 . tcaephone 970 920 153! jncsimffe 970 920 10J5 October 24, 2003 Mr. James Lindt City of Aspen Community Development Department 130 S. Galena Street Aspen, CO 81611 RE: Maroon Creek Club PUD Alnendment/SPA Amendment/GMQS Scoring Dear Mr. Lindt: This letter shall serve as official notice that Maroon Creek Lodge LLC is agreeable to the proposed alterations and the change to residential use contained in the above referenced application. The application applies to all Millennium Members and they are as follows: ,fins. Williams — exclusive license to Units 1, 2, and 3 for the life of the membership Jim Pearce- exclusive license to Unit 4 for the life of the membership Carol Duncan —exclusive lidUnits and 8 for the life of the membership membership'Fed Bell 0 exclusive license o Units 7 Please do not hesitate to call should you need additional information. Sincerely, Scott Erwin General Manager/COO ATTACHMENT/ EXHIBIT P Pitkin County BOCC Resolution 91 -111 0 i .. .• . Ya '�• � .�1�3�� _ +� V��-� n �'�,� ��{ 'ram �}+%?�. #336728 09/23/91 15: 26 R,ec Pk:: 657 F'G 306 Si.).via Davis, Pitl:i.n Cnty Clerk, Doc s.iii7 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING 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 ADJUTTMENT WITH THE ARU PROPERTY, GENERAL AND DETAILED SUBMISSION TO THE "GRAND AMENDMENT" PORTION OF THE APPLIC'.ATION AND I\MENDMF.NT TO THE BUTTERMILK SKI AREA MASTER PLAN FOR THE PFISTER RANCH/GOLF APPLICATION Resolution No. 91-11/,1 WHEREAS, Maroon Creek Development Corp., hereinafter "Applicant", has applied to the Board of County Commissioners of Pitkin County, Colorado, hereinafter "Board" for approval of Detailed Submission of 1041 Environmental Hazard Review, scenic Foreground Overlay Review, Subdivision, Planned Unit Development, Rezoning, Special Review Approval for Relocation of the KSNU Radio Tower, General and Detailed Submission to the "Grand Amendment" portion of the application and Amendment to the Buttermilk Ski Area Master Plan pursuant to the appropriate sections of the Land Use Code; and WHEREAS, the total property (the "Project Site") is approximately 369 acres, including approximately 70 acres to be available under lease or easement to the Applicant, zoned AF-1, AF- 2 (PUD) and AF-SKI. The Project Sice is located north and west of Maroon Creek on both sides of Highway 82, and includes portions of 7 �- LL . ♦ ``'� t '+.-: a••. $ 1 t tit, 1 :It ♦i•��•"t1''f ..'•M '!�•l. W{ .`l'}�}� ,� •'y: r�1[♦r�►"�"31..:�'1!t "mil.... �.'. n. �a t.� •? ] 5: 226 Rec b. ai! EAK 657 PG 307 Si?via Davis, Pit4.in linty C1��rE:, Dec �.iu; Resolution No. 91-JIL Page 2 the Buttermilk Ski area (Tieback), more specifically shorn. on Exhibit "A", vicinity map attached; and WHEREAS, the existing zoning and acreages are outlined in Exhibit "B", attached; and ubmitted the application described WHEREAS, the Applicant has s above (the "Application") requesting approva'_ for the following: course development project (the 1, A residential and golf "Project")• (a) Additions to the existing Grand Champions Club, including an 18 hole championship golf course with driving range, maintenance facilities, and clubhouse additions; amilY (b) The development of 43 free-gthefnorth units, including 5 on the south bench, the 5 on Tieback Ski bench, and one (Lot 10 directly opp I of 37 free-market townhomes. Lift, and the development The maximum square footage for the 11 homes on the north 16 shall be and south benches and Lot 1 for each home. The maximum square foottageage square feet f for the 48 shall be 6,000 square on Lots 6-12, 19-31, 40 and 46-I for the homes on the feet. The maximum square footage remaining lots (Lots 32 through 39) shall be 5,500 square feet. The townhouse units shall be, at the Applicant's option, up to 148,000 square feet in total, with no individual townhouse unit to exceed 4,800 square feet. ) (c) Applicant has successfully competed for Management cation Growth Mana Quota under the County Residential 989, and 1990 and I System ("GMQS") for the years for 51 free 1fre has received GMQS allocations for e market units and as more fully set forth inP r}csMeadows) ddition4al replacement credit for 24 (i.e., residential units. (d) Applicant has received a 1988 commercial GMQS approval for the golf course and 10,900 square feet of commercial building and 6,000 square feet of GMQS replacement credit (for the restaurant at Tiehack) Further, as more fully set forth in this Resolution, the Applicant has received a GMQS commercial replacement t credit for 9,200 square feet (Aspen Country Inn) is be total of 30,100 square fClub subject commercialeet of space Applicant added to the existing y. ``�, ,`7Y[.)-:'''3. .�r� �:- t§'i.`Ft�.C' r"'� +��Jv.(�'� �^p��,!� '�'tti•._��"'t ^1' -�' `-/+ la..j';5,;� t�, `�, ' �Yi:~/VOA,. fA 'T R'^ •- •e�� K�%�� , �' 1: �`• Y'•�, Rec s.i-0 nY: 657 'G, 308 Silvia Davies F'itF in Cnty Clem . DOC Resolution No. 91-JL Page 3 obtaining a GMQS allotment for 4,000 additional square feet and to the conditions' of approval outlined below. finally, as more fully set forth in this Resolution, for 12 Applicant has receivelodge QS replacement credit (Aspen Country Inn) (e) The permanent commitment of significant lands for of which is in the form of open space (a portion foregroundscenic as course) and for preservation of the accordancewith the delineated in the application, It Pitkin County State Highway 82 Corridor Master Plan. is the commitment of the applicant that the PUD shall never be further subdivided. (f) Intersection improvements to Highway 82 and the rovide safer relocated Stage Road and Tiehack Road to p automobile circulation in the area. f a total ° (g) Construction oof housing housing 40 affordable units and units including :19 mu).ti-family units 1 single-family .alc unit. The 39 multi -family shall be located together in the PMH zoned area on the north side of Highway 82 as shown on the PUD detailed submission plat. The proposal includes 13 one (1) bedroom units, 13 two (2) bedrooms units, and 13 three (3) bedroom units all located in the northwest hwa rS2ro 1,510 square feet, four (of the Project site; and on the south side of High bedrooms ,,for sale" unit of ) T and 2-1/2 baths. he lot size shall o a nimum Of ld pursuant to 6,000 square feet. The uidelinesa ll e at aCategory #1 sales the Housing Authority g The price based on 1,100 square (' Authority requirement unit is to satisfy the Housing sed by the demolition mitigate the displacement Mathis unit. The Applicant shall have first choice t to units to employees associated rent any of the housing qualifyunder with the Project as long as suuid ch employees nes.Twelve (12) of the County Housing Authority g complex are the two bedroom units within the multi -family P to mitigate the displacement of the employees now living in the Park Meadows. (h) The Buttermilk Master Plan shall be amended to allow modification approved under this resolution including improvement of ski facilitieStooinclude relocated include no less than 121 Hill lift, relocated p 9 parking spaces and eliminate the restaurant at the base of Tiehack. No further amendments to the Buttermilk Master Plan shall be allowed until such time ski lift capacity is addressed. I #3:i6; 28 09/23/91 15: 26 Rec Bk:: 657 PG 309 Silvia Davis, Pit4:in Cnty Cler1::, Doc i.f'W, Resolution No. 91-1// Page 4 (i) Infrastructure improvements for all of the above components of the Project, as delineated in the Application. 2. Rezoning of approximately 60.5 acres owned by the Applicant from AF-1, AF-2 (PUD) and AF-SKI, to AR-2,R-15 and R- 30. The remaining approximately 308.5 acres of land shall retain existing zoning, except 10.5 acres to be zoned Tourist, "T", and 5 acres to be zoned Permanent Moderate Housing, "PMH", and of such remaining lands, approximately 172.5 acres shall be used as a golf course (see Exhibit "D" PUD Plans, Sheet 1 of 55). 3. Detailed Submission and PUD approval for the entire Project subject only to obtaining a GMQS allocation for the 5 remaining residential units and 4,000 square feet of commercial space not previously granted GMQS allocation; and 4. Setbacks and lot width variations for multi- and single- family free market and PMH structures in accordance with the Bulk and Area Chart dated June 13, 1991 attached hereto as Exhibit "C". 5. Attached hereto as Exhibit "D" and m?de a part of the application is the Detailed Submission PUD Plan consisting of 55 sheets dated September 27, 1990, revised July 26, 1991, August 30, 1991. WHEREAS, the Planning and Zoning Commission reviewed the Application at its regularly scheduled meetings and special meetings and recommended denial to the Board of County Commissioners. The Planning and Zoning Commission did, however, forward suggested conditions if the Board felt the project warranted an approval; and WHEREAS, after review by the Planning and Zoning Commission, the Board reviewed this Application at duly noticed public hearings on April 8, May 15, and June 11, 1991, at which times evidence and testimony were presented with respect to this Application and having approved at that time procedurally the review of the "Grand Amendment", General and Detailed Submission as part of this review process; and #336728 09/23/91 15:26 Rec DK 657 FG 310 Silvia Davis, PittAn Cnty Cler4:, Doc Resolution No. 9140 Page 5 WHEREAS, the Applicant shall receive the same score in GMQS competition in future years for benefits and amenities and other matters as it scored in the 1988, 1989 and 1990 applications; and WHEREAS, the Applicant has previously received GMQS allotments as follows: Residential: 1988 - 24 Units 1989 - 17 Units 1989 - 24 Units (Park Meadows Exemption) 1990 - 10 Units For a total of 75 Total GMQS allocations to date commercial,: 1988 - 7,500 + yard golf course 2,900 square foot clubhouse and starter area 8,000 square foot maintenance and golf storage area 6,000 square foot commercial restaurant, bar, retail (Romeo's exemption) 9,200 square foot clubhouse expansion (Aspen Country Inn exemption) 26,100 Total square feet GMQS allocation to date 1990 - Lodge Rooms: 1990 - 12 lodge rooms (Aspen Country Inn exemption) not to exceed 580 square feet each for a total of 6,960 square feet NOW, THEREFORE, BE IT RESOLVED by the Board that it does hereby grant approval of the Application for 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, Lnt Line Adjustment with the Alcohol Rehabilitation Unit property nr• . 4736; <8 09/ 23/91 15:26 Rec S-00 RFC: 657 F'G 311 Silvia Davis, ritkin Cnty Clerk, Doc $.00 Resolution No. 91-/11 Page 6 (i.e., subdivision exemption approval pursuant to Section 4- 2.2(a)(2) for the lot line adjustment); and General and Detailed Submission with respect to the "Grand Amendment" portion of the Application and amendment to the Buttermilk Ski Area Master Plan, together with all variations and other requests for land use approvals requested for the Application subject to the following conditions: I. General Conditions of Approval: 1. GMQS exemptions for replacementObermeet for the and Aspen mCountry of the Aspen County Inn, Yer single-family unit shall. be granted as follows: -- the 2 single family homes (Obermeyer and Aspen Country Inn single-family home) may be replaced on site, each on one of the newly subdivided I lots at their currently existing square footage; -- approximately 91200 square feet of commercial space from the Aspen Country Inn may be used footage as replacement commercial square proposed by the Applicant. No change in use of the commercial square footage as proposed in the application shall be allowed without an amendment to the PUD; i -- 12 replacement lodge units may be transferred I from the Aspen Country Inn to the Grand Champions Club. Each room shall not exceed 580 square feet for a total of 6,960 square feet. Any additional development approved as a result of this review shall be required to receive GMQS allocations (i.e., the Applicant is required to obtain a GMQS allocation for 5 of the single family homes and 4,000 square feet of commercial space). 2. Density: The overall residential density shall be 80 free market units (43 single-family, 37 townhomes), and 39 employee PMH rental units plus one single-family PMH employee sale unit. 4EA 4, lLr #3Z6'2u iiS/�/ i 1 15: 26 Rec 3 . 0<I F{K: 657 PG 312 Silvia Davis, Pitkin Cnty C;ler4::, Doc Resolution No. 91-[(L Page 7 3. The Tiehack parking area shall have a minimum of 121 spaces and shall be open to the public for day -time use only. Additional modifications to the Buttermilk Master Plan as shown on the detailed submission plat are approved. No additional revisions to the Buttermilk Master Plan shall be allowed by the County without adequate review of lift capacity and the transit and parking needs of Buttermilk Mountain as a whole. 4. The single-family home locations shall be rezoned to R- 15 and R-30 allowing review and approval of employee caretaker units on an individual basis pursuant to Section 3-8.13. 5. If asbestos is found in any of the existing buildings which are to be demolished, the Applicant shall comply with the Colorado State Emissions Standards for Asbestos. 6. The Applicant shall be limited to two gas log fireplaces per building as represented in the General Submission. The Applicant shall be allowed, however, to appeal to the Clean Air Board in order to provide a plan which creates less air quality impacts to the area. 7. The Applicant shall contact the Environmental Health Department for comment should mineral waste, waste rock or mine dumps be encountered during the excavation phase of the project. Disposal of such materials off -site is discouraged due to the possibility of excessive heavy metals being present in the soil. This is particularly pertinent to fill material on the site which has been transported from the Little Nell Ski slope. 8. No individual multi -family unit shall exceed 4,800 square feet and the cumulative floor area for all free market multi -family units in the project shall not exceed 148,000 square feet. Floor area calculations for these units shall not include sub -surface parking. All parking for those units shall be underground. Because of the exemption of underground parking from floor area computations, the multi -family units shall not be entitled to the 750 square feet exemption for on -grade parking structures. The floor area allowed shall be calculated by the regulations in effect at the time of final plat approval. 9. The historic portion of the barn on the south side of the project shall not be demolished. It may be moved ��,{~i{:.o�7,.i �1 AAA3 �''k►•t�'��.k_'��4�f••,�e�:. �`i t�. t��►YA.� �_�;Nil 1^.��..� -`��.J. ��:Gw�:�.�1, •{.�,14'•��• #336-26 (19/23/91 15:26 Rec $-00 Elf:; 657 F•G 313 Silvia Davis, Pitk:in Cnty Clerk:, Doc Resolution No. 91-1LL Page 8 intact or disassemble," -nd moved to another location on or off the Pfister Rai property. 10. The Applicant shall comply with 404 approval for wetlands disturbance from the Army Corp of Engineers as outlined in the Army Corp letter with conditions dated March 19, 1991 and attached here as Exhibit "E". 11. In connection with the approval, the BOCC agrees and makes the following findings: a. The Applicant is leasing or acquiring 19.3 acres of the adjacent Pfeifer Parcel. The remainder of the Pfeifer parcel, other than 19.3 acres, is currently improved with one residential dwelling unit and may only be further developed upon compliance with Section 5-510 and all other applicable requirements of the Pitkin County Land Use Code. b. The Applicant is obtaining 245.4 acres of the 249.8 acre Pfister Parcel. The remaining 4.4 acre parcel is currently improved with one residential dwelling unit and may only be further developed upon compliance with Section 5-510 and all other applicable requirements of the Land Use Code. However, in accordance with BOCC Resolution 89-61, the owner of either parcel (the 245.5 or the 4.4 acres) may utilize the square footage of the three residential dwelling units (a total of 5,015 square feet) currently located on the 250 acre application parcel to build not more than three residential dwelling units totaling 5,015 square feet, if the existing units are demolished. Such replacement is subject to compliance with applicable zoning, 1041 hazard review, and other requirements of the Land Use Code. The replacement credit of 5,.015 square feet is an addition to any other residential density described or approved in this resolution. C. This approval of the Pfister Ranch/Golf application shall be vested in the Applicant upon the signing of this Resolution and shall run with the land. 12. The Club use is approved pursuant to conditions found in Resolution No's. 79-26 and 83-90, and said use may be expanded and modified pursuant to this approval. 13. The public dedication of Tiehack Road, the underpass connector from Tiehack Road to relocated Stage Road and relccated Stage Road and the public right to use surface parking at the base of Tiehack Ski Area shall be shown ... \i ��P , .. •Y 'tS,P,t .'.e>, . �'�'� r. .�.�.��-?..� a .. �w:.��'.. �i� s .�'"V1 *�t 47367 -B 09/?3/91 15: 26 Rec s. OQ FP' 657 RG 314 Silviia Davis, Ritk:in Cnty Clem.:, Doc $.00 Resolution No. 91-,LL Page 9 on the Final Plat. Use of the Tiehack parking lot by the public shall be on a year-round, daytime basis. The dedication of Tiehack Road is for the public to access the Tiehack parking lot to reach public lands and trails over which the public may have easements. No parking of vehicles by members of the public shall be permitted on Tiehack Road. The right of the public to park cars at the Tiehack base lot shall be limited by the number of parking spaces available to the public (no less than 121 spaces shall be available at all times). Rights are reserved in Applicant to encroach upon, over or under any dedicated rights -of -way for ski lifts, signage or information structures, sidewalks, trails, utilities, bridges or tunnels, or for other purposes consistent with this approval of the project. All sigr.ige on Tiehack Road shall be installed by the Applicant, including signage by the County. The County does not accept any maintenance obligation as to Tiehack Road or the Tiehack base parking area. The County does not have the right to expand or change Tiehack Road specifications without amendment of the PUD approvals. Maintenance of relocated Stage Road (from Highway 82 to the intersection with existing Stage Road) and the underpass connector from Tiehack Road to relocated Stage Road shall be performed pursuant to an agreement between the Applicant and the County prior to issuance of permits to construct the relocated Stage Road. 14. No further subdivision of the PUD shall be allowed except in connection with the condominiumization of any elements of the project subject to obtaining any required approvals pursuant to the Pitkin County Land Use Code. 15. In the winter, the aerial lift, which may be constructed at Applicant's choice on Lot 16, shall be available to the public at no charge, but otherwise subject to safety and operational rules of any regulatory agency. If a lift is not constructed, an alternative means of crossing Tiehack Road will be provided for nordic skiing and pedestrians. 16. All utilities shall be placed within driveways and major roadways unless otherwise specified on the utilities master plan submitted with the detailed submission. 17. Portions of the golf course area may be used by the public at no charge in the winter as part of the nordic trail system. Specific trail locations shall be approved annually by the Applicant. Trails will avoid greens, tees and other man made features or obstacles. N �;�i i ` tii. ;,ram �..: ,' . e ty�"n1'' •`< �•a ' t rr.: t��j�s^ �•�.i' %'�,,��'ri ,�. d r may'+t. �.�-i�V.��. `�t�+�~� ..�.ar � r�T�' - . i�r 43367 <S O9/23/9i 15:26 Ric 'S. >0 E:k; 657 P3 315 Silvia Davis. Pitk:in Cntv Clerk. Doc Resolution No. 91-1/1 Page 10 18. All new trails along Highway 82 shall take the expansion of the highway into consideration when developing the specific trail alignment and design. 19. All buildings on the property requiring water and sewer service shall be provided with central water and sewer service. No individual or private systems shall be allowed within the PUD. 20. The sprinkler system for the golf course shall be supplied by a water source provided for in Applicant's agreement with the City of Aspen dated July 9, 1990. The domestic water needs of the development shall be supplied pursuant to an agreement with the City of Aspen dated July 9, 1990. 21. The Applicant shall not allow the use of poisons for rodent control except upon approval of the county via an amendment to the PUD. 22. For all buildings within the PUD, building height shall be measured pursuant to the Land Use Code provisions in effect at the time of issuance of a building permit with the exception as noted in Exhibit "C", the Bulk and Area Chart, Note 12. 23. All representations of the Applicant shall become conditions of approval. II. Prior to Final Plat Approval by the BOCC the Applicant shall adequately address the following: 1. The Applicant shall submit an avigation easement acceptable to the County Attorney. The relocation of the KSNO tower is approved by the County subject to further approval of the Detailed Plans and Specifications by the Pitkin County Airport Manager and FAA. 2. Prior to final plat approval, a water quality monitoring program shall be approved by the Environmental Health Department for the golf course and adjacent areas. 3. The free market townhouses will be owner -occupied and/or long term..rental's for a minimum of six months with two shorter tenancies each year, and a deed restriction to this effect shall be provided prior to fine plat and recorded with final plat. .48 0336 (22 )9/23/91 15: 26 Rec 8K 657 PG 316 Silvia Davis. Fitkin Casty Clerk, Doc g•.��> Resolution No. 91-/-/ Page 11 Reference is made to the lands conveyed to the County in that certain Deed recorded in Book 333 a iaage89tra7 which The is a portion of the current AABC P said County shall, by special warranty deed, convey Lands to Applicant free and clear of any liens or encumbrances in exchange for a relocated AABC pedestrian trail which meets County approved trailspecifications. It is the responsibility of the Applicant to relocate and construct such a trail. A lot line adjustment for the Alcohol Rehabilitation Unit facility is approved provided that: 4. F1M a. The Alcohol Rehabilitation Unit plat shall be amended to reflect the lot line adjustment approval. b. The approval of the Pfister Ranch/Golf application, including the Alcohol Rehabilitation Unit lot line adjustment, will not alter, amend or limit, in any manner whatsoever, any or all of the uses, exemptions and terms currently applicable to the property of Alcohol Rehabilitation Unit exem under ons Resolution 83-133 and t._at such uses, P and terms shall continue to apply without any alteration, amendment or limitation whatsoever to the property of the Alcohol Rehabilitation Unit. 6. Prior to signature of final plat, the Applicant shall verify that there is an agreement in place with the Aspen Consolidated Sanitation District. III. In the Subdivision Improvement Agreement -he Applicant shall commit to the following; 1. Prior to Final Plat or excavation permit for the project, the Applicant shall submit a SIA, includingia cost estimate for infrastructure and p' bl improvements. At this time, the Applicant shall submit security acceptable to the County Attorney and BOCC insuring the construction of the infrastructure and public improvements, and/or reclamation of the property.The Subdivision. Improvements Agreement shall include a schedule for construction of improvements and associated bonding requirements. 2. The SIA shall ensure that the all ponds shall be lined to ensure water retention. The specific techniques used to ensure water retention, such as rock lined areas and floatable traps, shall be addressed in the SIA. i.1k1A 4.{.ri?C. W17,672,3 09/ =3/9: 15: 2_6 Rec m-: 657 FG 317 .;via Davis, F'itk:in Cnty Clerk. Doc 1.0C) Resolution No. 91-� Page 12 any water 3 of theliferation developmentf shall be allowed to occureasdownstream No aresult of the development. 4. The Applicant shall construct and deliver a public bus stop shelter along each side of Highway 82 at the time construction of the Stage Road/Tiehack Road underpass is completed. The Applicant is responsible for 100% of the cost of construction of the shelters. The Applicant shall design such shelters based upon recommendations from the Roaring Fork Transit Agency. i. Nordic Trail connections shall be Applicant between the City golf Government Trail via the existing Creek to the extent they are within Overpasses, underpasses or other shall be provided where practical within the development. constructed by the course and the trail along Maroon project boundaries. on -grade solutions jl to cross the roads 6. If determined necessary by the County and upon the County's written request therefor, the Applicant shall grant easements for and construct a trail easement along the south side of Highway 82, along their property boundaries. 7. When the existing AABC trail is relocated and constructed by the Applicant, it shall be upgraded to accommodate current trail standards adopted by the County and in place at the time of development. 8. Commencing after use of the existing Tieback parking areas is no longer available, the Applicant (or Homeowners Association) shall cause to be provided van service from the base of Tieback ski area to Rubey Park on race days and other maximum tr:l.ffic days. The plan for this van service shall be submitted annually tc, ti-e: Planning Office on October 1 for approval. 9. Until such time as the Highway 82 pedestrian underpass described in condition 115 below is constructed, Applicant shall cause an internal van service to be provided to residents of the employee housing complex. By "internal van service," the parties mean within the Project to the Tiehack parking lot and RFTA bus stop on the south side of State Highway 82, and from residences to the Club. A plan for van service adequate to meet the needs of the residents of the employee housing complex shall be submitted annually to the Planning Office for approval on October 1. When the construction of the pedestrian underpass is completed, van service to ''I �• � s�. ;• Y�„'f''�� -,x�. �gr'a'Ltb:,- . f. ti�+�ti�:,,;iM��:t•��. IL yy� `•ti��•[.1*(( I'. Lc _�.}y'/N.•` c•• ,'� .�� r'•:. .1. ,` w{w'C• •i`""" c�JV _,rY �� ♦ �•�'I �JI��Ai�,, �• f� * -•"'�'�_ _ • �� 15: <6 f:ec 'E. - - Bf: 657 PG 318 Davis, Pitt in Cntv Cler';:, Doc 4."`' Resolution No. 91-/// Page 13 the employee housing complex shall be discontinued and van service may be on an "on call" basis for the free- market units. lo. Prior to final plat approval the Applicant shall submit a temporary erosion control plan which is acceptable to the Environmental Health Department and the Engineering Department. This plan shall specifically deal with erosion concerns of the construction of the golf course and major regrading of the Tiehack area. A specific cost estimate for the erosion control plan shall be outlined and secured as part of the SIA. 11. The Applicant shall vegetate in all areas cthataare disturbed rbed wi'-h the approved landscaping plan existing by new construction and removal of any g residence within one year after a certificate of occupancy is received for any improvements. This assurance shall be made as part of the SIA. 12. The Applicant shall be required to provide a Subdivision Improvement Agreement which includes an acceptable phasing schedule (including but not limited to .landscaping, construction of public infrastructure and amenities.) The Applicant shall acquire approval from the BOCC in order to substantially amend the schedule. This would occur at a public hearing as do all amendments to a PUD. Staff may approve insubstantial financial assurances amendments to the schedule. The tied to a specific for all improvements shall be schedule. 13. The Applicant shall provide all necessary trail easements through the development in order to make access to the Govern-ment trail viable from the west side of Maroon Creek. The year-round trail easement along Maroon Creek (ditch trail) and access from the Tiehack parking lots shall link to the Government trail. Furthermore, the Applicant shall agree to a final realignment of the Government trial easement which is acceptable to the USFS and provides a connection to the existing trail from Iselin Park. 14. The Applicant shall provide 50% (with $300,000 as a cap) of the cost of construction of a pedestrian bridge across Maroon Creek. The Applicant shall provide an easement on their property and the community shall be responsible for acquiring the easement on the Moore (east) side of the creek. The total financial commige placetwi hinothreetyearsoofothehfinald approval e in of the IL .E�k A", .i*i)r�l►:l`i`I'.�iw.'7kiir..:• '� *.f:��. *!ti. -�1w.� .r�?.3 cr :a.�5\'•+'ii •�..iAr.!'• #33672G t'!9/'23/91 15: <6 Rec $. i>0 Bk' 657 PG 319 =i:via Davis, Pitl:in Cnty Clerl:, Doc 1.01-1 Resolution No. 91-/// Page 14 PUD. If construction of the bridge has not commenced within three (3) years from final approval, the Applicant shall make a $100,000 donation to the Pitkin County Open Space Board for the purchase of trails within the County in full satisfaction of its obligations hereunder.. 15. The Applicant shall construct a pedestrian underpass to accommodate pedestrians in the vicinity of the employee housing complex and to serve as a trail link between the Owl Creek bike path and the AABC bike path. To complete this link and depending upon the exact location of the underpass, the County may have to obtain easements from adjacent property owners. This underpass shall be constructed at such time as the highway is widened (which is projected within the next five years). The Applicant shall be responsible for 100% of the cost of the underpass. If, in fact, the underpass is built at the expense of another agency such as the Highway Department, the Applicant shall transfer the financial commitment to the cost of the Maroon Creek bridge. This arrangement and the projecte,' cost of the underpass shall be outlined in the Iv. Covenants: 1. The Applicant commits to require that all residential buildings incorporate the following water conservation devices in their designs: toilets (tank -type flusho- meter) per flush - 1.5 gallons; urinals per flush - 1.0 gallons; low flow shower heads. 2. An ongoing water quality monitoring program, including a schedule, shall be submitted by the Applicant and approved by Environmental Health Department and shall run with the land via the subdivision covenants. 3. Commencing after use of the existing Tiehack parking areas is no longer available, the Applicant (or Homeowners Association) shall cause to be provided van service from the base of Tiehack ski area to Rubey Park on race days and other maximum traffic days. The plan for this van service shall be submitted annually to the Planning Office on October 1 for approval. 4. No dogs shall be allowed in the employee housing complex, and any dogs on the property shall be leashed or kenneled. 5. The Plat and/or final PUD will include a note to the effect that in approved building envelopes, no • r , • 11 ` • I IVTT.L♦u,��^il'1 Al'Yti%'"i'i' �f�_� ^7'�I''-CI /�.� #. �76+ 28 09/23/91 15: 26 Rec $. 00 8K 657 PG 320 Silvia Davis, F'itl:in Cnty Clerk, Doc $.0X? Resolution No. 91-L//— Page 15 development will be allowed on slopes exceeding 30% with the exception of Lots 12 and 17 through 40 where any 30% slopes shall be graded out pursuant to the approved detailed submission grading plan. 6. Grading and berming along the Highway 82 corridor on the north side shall screen major views of the clubhouse, townhomes and employee housing units, yet allow occasional open views of the golf course from Highway 82. Subject to timely review by the Board so as not to delay construction by Applicant, reasonable be agreed to by modifications to the grading plan may plan shall Applicant and the Board whereupon the grading p be modified to accomplish screening and open view objectives. sufficient for such purposes, agrees, on or before recording of final plat, to abandon its existing right to access Highway 82 as granted in Deed of Easement recorded in Book 308 at Page 962, Applicant will, at its expense, at the time of the construction of the new Tiehack Road, pave any unpaved portions of "that Pomegranate easement area, pave any unpaved portions of the existing parking area and provide an alternative access to Highway 82 west of the existing access at a specific location to be approved by the State Highway Department and County Engineering. When the alternative access is completed, the existing Pomegranate access to Highway 82 shall be abandoned. Should the Pomegranate East Condominiums not timely agree to abandon its right to the existing Highway 82 access, Applicant shall have no obligation to perform any of this condition and existing parking and access to Highway 82 for the Pomegranate East Condominiums will remain unchanged. 8. If, in the opinion of the State Highway Department or the county Sheriff's Department, any construction results in any unsafe traffic conditions on Highway 82, or at current Stage Road intersection, Applicant will implement appropriate traffic control measures such as signs, flagmen, or the like to mitigate such conditions to the satisfaction of the BOCC. 9. As part of the employee housing complex on the north side of Highway 82 and if an agreement satisfactory to Applicant and the County can be consummated by November 1, 1991, Applicant will construct up to t:.:I (10) additional units; provided that the County shall, during costs the course of the design and construction, pay (hard and soft) associated with such additional units ;r v �c �� a �rJ'•. 7� i�'LI : �. ; ,�. S '�� ., �' i+�`�t } ei.�.t+`''s�f''� �• r r,.^,ti '�� • '1+�r �t t 'yr_�,-'%�{. .1+i�4 k f6[ � ,�� + V� � a a?� y �� j� r)(jO., S v - �,�{,`.', :�. a .~`�'�.. �}T"^��G11�j��y�P��., _ •ti,�j� •�, M �..•�%M�il�,�.si�r; r• .� 1: fl33b7C8 r?9/�3/91 15:26 hec s.00 EX 657 PG 321 Silvia Davis, Pitk-in Cnty ClerF:, Doc Resolution 110. 91-/// Page 16 together with all management and operation costs associated therewith. 10. The Applicant shall provide, as part of the SIA, a commitment to a water quality monitoring program, which will address the chemical treatment as well as landscaping features of the project. An ongoing monitoring schedule shall be established and run with r the land via the subdivision covenants, and initial cost during construction and first 5 years of operation shall be established as part of the Subdivision Improvement Agreement. V. Prior to Issuance of Building Permit: T 1. Prior to issuance of a building permit for any underground parking structure, involving underground parking or maintenance areas, a registered ventilation engineer shall approve the design to insure that harmful inside or vented I + I I levels of pollutants are not generated outside of the structure. i 2. The Applicant shall submit a fugitive dust plan to be approved by the Environmental Health Department prior to J 4 issuance of an excavation or building permit for all portions of the project. I 3. The Applicant shall obtain approval from the County Engineer for a construction/landscape license on the portion of Stage Road affected by the proposal. VI. In connection with the approval, the BOCC agrees and makes the following findings: 1. The following land use approvals, which are inconsistent i with the approvals set forth in this Resolution, shall be deemed vacated and terminated: Resolution No. 81-28, Book 408 at Page 685 Resolution No. 81-126, Book 418 at Page 771 Resolution No. 83-72, Book 447 at Page 837 Resolution No. 83-104, Book 453 at Page 360 (only with respect to the interest of Applicant in the Zoline Foundation PUD) Final Plat for Aspen Racquet Club Subdivision, Book 11 at Page 55 2. The following easements or other agreements of record shall be terminated and the chairman (or in his absence, vice chairman) of the BOCC is authorized to enter into such agreements as shall be necessary to terminate and V!, t% H ��r iP�` 7� L �� tiY� _C_ :L �+' '. ••�r �� { .y;i �� f,',,r:a?� � • r Y',(�,•i,."� . #336; 28 og/23/91 15:26 Rec s. ()fir BV", 657 PG 322 Silvia Davis, Pitk:in Cnty Cler4i, Doc $-00 Resolution No. 91-/// Page 17 extinguish of record said easements and other agreements: Book 343 at Page 120 Book 408 at Page 874 Book 408 at Page 881 Book 408 at Page 885 Book 431 at Page 221 Book 530 at Page 459 Book 531 at Page 213 3. The following is an inventory of the existing land use approval resolutions for the Grand Champions, which resolutions shall, except as provided herein, continue m in effect together with all additional square footage fi and uses approved in this Resolution. r ^�I Resolution No. 79-26, Book 364 at Page 96 Resolution No. 83-90, Book 450 at Page 950 I 4. Reference is made to the lands conveyed to the County in that certain Deed recorded in Book 333 at Page 897 which 14 is a portion of the current AABC pedestrian trail. The County shall, by special warranty deed, convey said lands to MCDC free and clear of any liens or i encumbrances in exchange for a relocated AABC pedestrian trail which meets County approved trail specifications. It is the responsibility of the Applicant to relocate and construct such trail. i r 5. This approval of the Pfister Ranch/Golf application shall be vested in the Applicant upon the signing of this Resolution and shall run with the land. No party, other than Applicant (or any person receiving an assignment of all or part of Applicant's rights hereunder) and the County (or the public by and through the County), shall be a beneficiary of this Resolution. 6. As relates to this specific development proposal, the Applicant shall receive credit in GMQS competition in future years for benefits and amenities as scored in the 1988, 1989 and 1990 applications. 7. No excavation, demolition and/or grading permits shall be allowed until such time there is an adequate legal and financial agreement with the City of Aspen for a water supply, as approved by the County attorney. , 8. No issuance of any building permits for the project shall be allowed until such time an adequate water supply is in place. a336 2_9 09/23/91 15:26 Rec s.00 SKI 657 PG 323 Silvia Davis, Pi tki n Cnty C1 ier1„ ')cc $. OC> Resolution No. 91-� Page 18 APPROVED by the Board at its regular meeting on June 11, 1991. ATTEST: Jeanette Jones, Deputy County Clerk APPROV D AS TO FORK' Timo by Wh tsitt, Coun y A rney boccreso.pfisterdnew BOARD OF COUNTY COMMISSIONERS OF PITRIN COUNTY, COLORADO By ` m True, vice -Chairman at AP OVED AS TO CONTENT: AmV. Merger , p1a�Sninq Direc or a • -� .�Y�'r'. is . +��' � M , �t. , �x � ••4 5�;;•• I Vol LXIIIIII I' A ` rll-�i\9BTV MAP 5UU 2U00 —� - a�0 1U00 3000 StirdY ;Airp 'J •r0'R1 13usr e �`•, \: '.'� I ,1.•� ' 1'.•II , ��• ;rr .Geri er`` �_�:_�;.�' r`i; ,� _• --- CO 00 114 ' (, y • -:f nopke.`"' y�, •�„1,1.= � �, Zoline 1• �.I��Iti,a'�� harnpl 13u1trmillc ki r Aspen feif r y S,Inn Municipal Golf Course A. Site Aspen (fed Hoof :Tennis `.Inn 1.1 j �;� I''•: is , Club . Subdivision _ �o Aspen 'r 1 �!' in', .As 'en F ljbh o ,Park grid Middle �\ Schools Highlands' Ara To Maroon Dells l ttBK 657 Pf:y 324 ��b� <9 �?9/�3/?1 1�: �6 Rec $.i,c, Silvia Davis. Pit!:in cnty Cler'1:, Doc 9.OI! all & V& 91. Aw 27 191 12:03 GARFIELD & HECHT. P.C. P.4i4 #336728 09/23/91 15:726 Rec $.Q(') BV: 657 PG 325 Silvia Davis, Pitkin Cnty Clerk, Doc $.ii(') EKMIT B zm A= AF-1 102.0 AF-2 PUD 153.0 AF-SKI .411. 299.1 Z= A= AF-SKI 5.4 AF-2 PUD mi 70.1} *aty of Aspen 45.5 Pfeifer 2" 70.1 PFISTER RANOWGOLF np7mi Rn qI iRMIR�SION n . V R 1� M b� - EXHIBITC of u v Akin AlaCA of=nl IIRFNAFPJTS* `� Notes: 'Definition o1 terms are the same as Section 20 1 of the Pitkin County Land Use Cry Open space is included within commDn open space. 2, Height of buildings is measured from finished grade as shown on the PUD site Ming plans. 3. Maximum floor area for Lots 1-5, 16, and 41-45 is 10,000 sf. 4. Maximum floor area for Lots 6-12, 19-31, 40 and 46-48 is 6,000 sf. Maximum fM,gr area for Lots 32 39 is 5,500 sf. �. 5. All parking in AR-2 shall be underground. _ 6. The maximum floor area for all free market mufti -family units is 148,000 St. UndyVround garage j . floor area is excluded form this maximum- August 30, 1991 a LL r� U � C m _C rj - r, . 0 ATTACHMENT/ EXHIBIT Q Pitkin County BOCC Resolution 91 -112 (amending Reso. 91-111) t�?f is�,,YY41; �� " �� v7:�•�4, .� � ��•:_.�%A�71C�w'`?• i�`��W�M, (L y.JS::�A 1'.A�.+�-.3��}��. i � , .k ,�""�'j* v�' #s336729 09/-3/91 15:39 Rec $.00 DK 657 RG 384 Silvia Davis, Fitkin Cnty Clerk, Doc $.00 AMENDMENT TO RESOLUTION NO. OF THE BOARD OF COUrNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING 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 PLAID FOR THE PFISTER RANCH/GOLF APPLICATION Resolution No. 91-j_L WHEREAS, on June 11, 1991, the Board of County Commissioners, hereinafter "Board", granted approval of Resolution No. 91- /(/ . 1 WHEREAS, at a duly noticed public hearing on August 7, 1991, the Board did consider and approve certain amendments to the Resolution relative to square footage for structures on certain single family lots, phasing of the construction schedule, GMQS allocations and employee housing. I NOW, THEREFORE, BE IT RESOLVED by the Board that it does hereby grant approval of the following amendments to Resolution No. 91- /// ; 1. Square Footage/Garage Space. That portion of Resolution No. 91-/// appearing at Page 2, Paragraph (b) relative to square footage of the approved free-market single family and townhomes is amended as follows: A. The square footage of the home on Lot 4 shall be 6,000 square feet (instead of 10,000 square feet, as previously approved). The square footage for the home #3367229 09/2-3/91 15:39 Rec $.00 EW 657 F3 3135 Silvia Davis, Fitkin Cnty Cler;:, Doc $-00 Resolution No. 91-//Z Page 2 on Lot 12 shall be 10,000 square feet (instead of 6,000 square feet, as previously approved). B. The Applicant shall be allowed to utilize 16,000 square feet of the 148,000 square feet approved for the townhouse structures on single family lots 4, 6- 11, 19-31, 40, 46-48 and 32-39. Accordingly, any home approved for a maximum of 6,000 square feet may be increased to a maximum of 6,500 square feet in accordance with the provisions hereof and any home approved for a maximum of 5,500 square feet may be increased to a maximum of 6,000 square feet in accordance with the provisions hereof. C. No one single family garage shall utilize more than 500 square feet of the 16,000 total square feet. Larger garages may be constructed utilizing any of the remaining square footage. D. No detached garages shall be allowed o.1 lots 4, 6-11, 19-31, 40, 46-48 and 32-39. These lots shall contain attached garages. E. The Applicant shall propose a method in the subdivision Improvements Agreement for tracking the square footage additions and reductions noted in B. above. This tracking method shall be approved by the Planning Office at Final Plat. 2. Phasing/Construction Schedule. That portion of the Resolution appearing at Page 12 in Paragraph 12 relative to the phasing and construction schedule is amended as follows: A. The Board hereby approves the phasing and construction scheduled dated July 18, 1991 attached hereto, which reflects a total buildout of the project no later than 2001. B. The Board hereby approves the interin landscaping plan dated September 27, 1990 as revised July 26, 1991. C. Financial assurances shall be provided via the Subdivision Improvements Agreement for both the interim and the final landscape plan. 3. GMOS Allocations. A. The Board hereby finds that the approved phasing/construction schedule for the Pfister Ranch/Golf development supersedes the two (2) year time period limit `' � L- _ , .. �.'6�. � � � c .n'��1'�Cs�'.j%K!�"iw�t.•_' A�' YI.�'�'i.i�}3't"�'1�,�5t�� 4336729 09/23/91 15:39 Rec $.00 BF; 657 PG 386 Silvia Davis, Fitkin Cnty Clerk, Doc $.00 Resolution No. 91-//Z Page 3 for submission of building plans found in Section 5- 510.8(a) of the Pitkin County Land Use Code. B. Based on the above finding, all GMQS allocations previously or hereafter received by Applicant shall be extended to, coincide and run with the approved phasing/construction schedule for the Pfister Ranch/Golf development. 4. Employee Housing. A. The Board hereby confirms its previous finding that in determining employee generation numbers, a c?.edit be granted to Applicant for the existing commr:rcial structures on the project site that are being replaced. Based on this previous finding, the requirement in the Resolution that the Applicant provide 40 employee units (i.e., 39 rental and one sale unit) is unchanged. 5. Amendment to PUD Plan. A. Attached hereto as Exhibit "A" is a modified Sheet No. 1 captioned "First Amendment to Pfister Ranch/ Golf PUD", dated September 3, 1991, which evidences the amendments to the Resolution described in paragraphs lA and 1B above. APPROVED by the Board at a special meeting on August 7, 1991. BOARD OF COUNTY COMMISSIONERS OF PITRIN COUN�TY�,_ _COLORADO By ,Tim True, Vice -Chairman ATT�ST : mate � �• � i. `-. - i 5 . i'r `i I Jeanette Jones, "Deputy Countir Clerk APPROV D A8 TO FO Timo w tsitt, Coun y *%t3irney boccreso.pfisteramend APPROVED AS TO CONTENT: it l Amy . xarq'r�m, Planing Director 40 ATTACHMENT/ EXHIBIT R Maroon Creek Club Lot #51 Insubstantial PUD Amendment JUN-04-2003 WED 08:37 AM FAX N0. P. 02 ,^K MEMORANDUM TO: Stan Clauson, Community Development Director NI r THR.U: Julie Ann Woods, Deputy Director a0t,�01 OIOOR FROM: Christopher Bendon, PlannerV4 pUNtT�Go Cf ASPEN RE: Maroon Creek Club Lot #51 Insubstantial PUD Amendment DATE: March 18, 1998 SUMMARY: Maroon Creek Club, LLC, represented by Design Workshop, has applied for an insubstantial amendment to an approved PUD for Lot 451 of the Maroon Creek Club Subdivision. This request is to reduce the approved number of lodge units from 12 to 8 and to change the architectural character of the structure to be similar to the adjacent existing building. The applicant obtained an insubstantial amendment from the Pitkin County Community Development Director, prior to annexation, to alter the architectural character of the existing building. Staff has reviewed this proposed amendment and recommends administrative approval by the Director. APPLICANT: Maroon Creek Club, LLC. Represented by Design Workshop, Inc. LOCATION: Maroon Creek Club Lot #51. Stage Road and State Highway 82. ZONING: Park - Planned Unit Development - Specially Planned Area (P-PUD-SPA). Approved in Pitkin County, BOCC Reso. 93-104. REVIEW PROCEDURE: Insubstantial amendments to an approved PUD may be approved by the Community Development Director, pursuant to Section 26.84.080. STAFF COMMENTS: Review criteria and Staff Findings have been included as Exhibit "A." The application has been included as Exhibit "B." JUN-04-2003 WED 08:37 AM FAX NO. P. 03 Stan reviewed the "character" drawings of the approved and proposed architectural elevations and the reduction in the number of lodge units. Staff considered proposed changes insubstantial, not requiring review by the City Council. RECOMMENDATION: Staff recommends the Community Development Director approve this Insubstantial PUD Amendment with conditions: APPROVAL: I hereby approve this Insubstantial Amendment for Lot 451 of the Maroon Creek Club Planned Unit Development for the change in the architectural character of the structure and the reduction from 12 to 8 lodge units with the following conditions: 1. This approval is for 8 lodge units. Any development application for other than 8 lodge units shall be reviewed and considered as an amendment. 2. These 8 units shall remain lodge units unless reviewed and approved as a change in use. This prohibits the addition of kitchens. t�3au:son, Q� date t q UDevelo ment Dircct r Sta Community p A('('. EPTA N(: E: I, as a person being or representing the applicant, do hereby agree to the conditions of this approval and certify the information provided in this application is correct to the best of my knowledge. daft if Haz rd, Design Workshop, Inc. >enting Maroon Creek, LLC, owner. A-rTACHMENTS: Fxhibit A -- Review Criteria and Staff Findings Exhibit B -- Application 2 JUN-04-2003 WED 08:37 AM FAX NO. P. 04 Exhibit A Review Criteria Insubstantial PUD Amendment. 1. A change in the use or character of the development. Staff Findine: With this proposed amendment, the use remains the same as approved by the County. The intensity of the use is lower - from 12 units to 8 units. The size of the eventual structure mmains the same with each unit increasing in size. The architectural aesthetics of the project are different from the original approval. The clubhouse building on this parcel was constructed with this new style. The amendment to the original approval for the clubhouse building was approved administratively by the Pitkin County Community Development Director prior to annexation. Pitkin County has two higher levels beyond administrative approval, similar to the City. Staff believes this amendment does change the architectural character of the development. Aesthetics, however, are only one contributing element of a development's character. Staff does not believe this change in architectural character necessarily needs to be reviewed by the Commission and Council as a substantial amendment. This is consistent with the way in which the County in fact handled the exact same situation. 2. An increase by greater than three (3) percent in the overall coverage of structures on the land. S.taff_Finding: The proposed structure does cover more ground than the original structure as approved and does shift to the north. According to the developer, the increase in ground coverage is 2.8%. 3. Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities. Staff Finding. Trip generation and demand for public infrastructure is less with the amendment. 4. A reduction by greater than three (3) percent of the approved open space. taff F..iudi= The subject area for development was not included as open space during the approval process. 5. A reduction by greater than one (1) percent of the off-street parking and loading space. Staff find' The applicant is not requesting an amendment to the existing or required number of parking spaces. The reduction in units does not increase the parking requirement. 6. A reduction in required pavement widths or rights -of -way for streets and casements. Staff Findine_ The applicant is not proposing changes to right-of-way widths. JUN-04-2003 WED 08:37 AM FAX NO. P. 05 7. An increase of greater than two (2) percent in the approved gross leasable floor area of commercial buildings. Staff Finding; Does not apply. 8. An increase by greater than one (1) percent in the approved residential density of the development. Staff Eindin Does not apply to tourist accommodations. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a further variation from the project's approved use or dimensional requirements. Staff Finding: The proposed amendment does not require an alteration to the dimensional requirements as established in the PUD. Staff does not feel there are any elements of this request which are inconsistent with the conditions of approval. ATTACHMENT/ EXHIBIT S Site Plan and Unit Floor Plans (11x17 copies) W pm "AA. F G� ma A♦ FENCE r�ET-'\�'L (D-2-N"' t� L UI I - i. j ! i i ; . .... ..... TMOM hl . . ........ ... GEMERAL NOTE& scNm T i 0 cl c 0 0 000 cl 0 C. 13 NEW LODGING UNITS + AACK 0- CaL k.. . ........ ... . ... .... ... . . PAI. no rno RNSTM PA004 OEM 4 . .. . ..... . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...... ...... . . . . . . . . . . . . . . . . . . . . . . .... .... ... ON . . . . . . . . . . . . .......... .. ... ... .. ... . . ... . ... .. �T lot — SINK COMBS DETHLEFS —/Rwti D—ft Maroon Creek Lodge Addition Site Plan ONbr. -` — AO.20 ram ) �Jv •_ i I � I � N i r [! O � I i I ( a Y �_.-•� Tipdw S .� '' •, Y, 1 N j tL OV [! T GG1 �1 , tL LL 0 !`- ALmn ;1 1�y etvrE PAft LOGS SiO�T On nTHtC]x 6 LOOfJr V(f5 t5 All AW ALTEWMTE M4E l4xLrG COn95T5 Cn ' M41N LEI/EL FLOOR FLAN aaLsor 5 Axe ma. rur_e or srto To rsce or ano ` j PATn rYc.. Aro aoeuALY wtOr • EIIIxT OteIE .. \ill /, ro ee enrosn carcxcre AGreetrTe To wTo+ eusTrG a rAros � sezvALYs B SINK COMBS DETHLEFS eaaw. ra. ce I MAROONCREEKCLUB i I Maroon Creek Lodge Addition First Level. Floor Plan I te..o eT cn.�w eT A1.10 - I-}- �,I ( bpi---rr_aarMf-irw�� ` 1 ----------- - - - - -- - - - -- I = ( 2� �1 swrr — — — — — — — — — . — — - -� i------- -- ------- ---- - ----- - _-- -- _�- - -F- ir--- - -- --r----.- ---- i 1 `t. - - - - - •- -- 1 1 O vn� `- t-.L.- -.1- - - L - 1- - I I ! I ? I ! I ems« I 1 ly2J I � I 1 1E i II bOtGM �, -�---=-- -----tr----�. (�Iv ' ?---- ----- I Ir�I! -------1---- *aw 14 i I I ® i ! — .1u�' ------- ---- - - - CMD a+ -- EKE BOGS � aT trtIROR Q � IMb K YI aW LL1l+lMTL +...i MLAM Cd1�Tb OF Mp EKE LObS Olrt�1U YtE PRP1 F�� Ci eTG TO -� Cf bTID 0!'S TEM 6 LJVf6lD 4K If6Al4�T! UPPER L-EV! FLOOR PLAN SGAL.E ,id' - ,—C• SINK COMBS DETHLEFS I n--.n v. Ivvb I /* �,- 1 IVAPn 1N('RFT+VC1TTR Maroon Creek Lodge Addition Second Level Floor Plan A1.20 ATTACHMENT/ EXHIBIT T List of adjacent property owners ADCOCK WILLIAM A ASPEN CONDO PROPERTIES LLC B & B PROPERTIES OX 452 261 JULES AVE #72 PO BOX 1060 'LORA JEFFERSON, LA 70121 CARBONDALE, CO 81623 NEWBERN, TN 38059 "A"NETT M EDWINA 4 WENDY DR _..RANCE, CA 90503-4068 BERMAN LESLIE G TRUST MAN MORRIS & LESLIE TRUSTEES 1ARBORVIEW DRIVE BALTIMORE, MD 21230-5400 -IN JAMES EDWIN JR & MARY GRAY FAIRFIELD AVE arn,EVEPORT, LA 71106-1430 -" IN JANE E I W MOORHEAD CIR ovJLDER, CO 80305-6156 INON JOHN JR I BAY VISTA AVE i NiAPA, FL 33611 � OF ASPEN S GALENA ST moPEN, CO 81611 /IS NORMAN 0 CAMINO DE LA COSTA uA JOLLA, CA 92037 CKSON JOLLYN BOX 272 PINEHURST, NC 28374 BAUTISTA CHRISTOPHER 1/3 2700 LOAN OAK PKWY EAGAN, MN 55121 BISSIG FREDDIE & ROSEMARIE 1501 NW 12TH ST BOCA RATON, FL 33486 BORDEN DOUGLAS C 156 BLACK POINT RD RUMSON, NJ 07760-1946 BURLINGAME HOUSING INC C/O PREFERRED PROPERTY MNGMT SER P O BOX 2685 BASALT, CO 81621 CARTY JAMES B JR #10-100 LLANALEW RD HAVERFORD, PA 19041-1564 CLARK LEE 6160 CAMINO DE LA COSTA LA JOLLA, CA 92037 EDWARDS TED L PO BOX 115 WAYNE, PA 19087 ESTRIN MELVYN & SUELLEN 50% C/O THE BERNSTEIN COMPANIES 3030 K ST PENTHOUSE 215 WASHINGTON, DC 20007 BENTLEY BETTY JANE HALL C/O BENTLEY VICKI PO BOX 1538 FLOWERY BRANCH, GA 30542 BLUE JAY AVIATION SALES INC 23 PINE RIDGE RD POUGHKEEPSIE, NY 12603 BOWERS FAMILY LTD PARTNERSHIP 613 WOODLAND DR GREENSBORO, NC 27408 BUTTERMILK MEADOWS LLC C/O GARFIELD & HECHT PC 601 E HYMAN AVE ASPEN, CO 81611 CHRISTENSEN DENNIS D 5620 LAKE MENDOTA DR MADISON, WI 53705 CLEMONS SARAH FLOYD 721 W MIRACLE STRIP PKWY MARY ESTHER, FL 32569 ENGLISH ROCCO F & MARIE P TRUSTEES 4518 EAST LN ORLANDO, FL 32817 FISHBURNE JOHN I JR 7060 N HILLSIDE DR PARADISE VALLEY, AZ 85253-2813 r' ETCHER BARRY P FLETCHER MICHAEL C FOSTER KENNETH B JR & MARGO BOX 3849 125 E 9TH ST 102 BOWER HILL RD PE TOWN 8000 CINCINNATI, OH 45202 VENETIA, PA 15367 SOUTH AFRICA, RICHARD H & MARCIA M GAMMILL STEPHEN L & MARY ANN P GARZA JOHN & SUSAN UND 1/2 15 MERION 2935 IROQUOIS 485 RIVERHILL DR LA uUINTA, CA 92253 MEMPHIS, TN 38111 ATLANTA, GA 30328 GINSBURG BETTY A REVOCABLE GLAVAN JEFFREY 1/3 GRIFFIN TIM ST 2700 LOAN OAK PKWY 125 E 9TH ST i CLUBSIDE DR EAGAN, MN 55121 CINCINNATI, OH 45202 ASPEN, CO 81611 CAM THOMAS R JR GUILLEN HENRIQUE RODRIGUEZ- HALL JACK M JR & SANDRA D GREEN PEAK ORCHARD POBA INT 1 B-054 6730 GAINES FERRY RD t UORSET, VT 05253 MIAMI, FL 33102 FLOWERY BRANCH, GA 30542 L NANCY TATE HANCOCK JOHN L CO INC HAWTHORNE BRYAN 1/3 3OX 1819 2724 RED OAK 415 N 1ST ST AorEN, CO 81612 WICHITA FALLS, TX 76308 APT 213 MINNEAPOLIS, MN 55401 /THORNE DOUG HAYES O THOMAS III HEAPS BARRY WILSON & TONI ADELE i DELCO DELL ONE ROWAYTON AVE 9 HALESMITH RD DAYTON, OH 45429 ROWAYTON, CT 06853 MONA VALE/ SYDNEY AUSTRALIA, NSW2103 .MAN DANIEL V & MAUREEN F KAUFMANN JOHN J CHIP III KEYSTONE FAMILY PARTNERSHIP LLLI CLUBSIDE DRIVE 11 STEPHANIE LN 24678 FOOTHILLS DR NORTH ASPEN, CO 81611 ASHVILLE, NC 28805 GOLDEN, CO 80401 IMAN 1988 LIVING TRUST KOWAR LOUISE & HEIDI LAMAN WILLIAM H AND E MARGRIT MILLS DR 5831 W LAWRENCE BAUER WERNER R AND GERTRUD I BENICIA, CA 95510 CHICAGO, IL 60630 2301 CALLE LOS ALTOS TUCSON, AZ 85718 WENSTERN CAROL TRUST LOFFREDO NANCY B & JOHN L MARAZ JEANNE M GIBSON AVE 725 GRAN MARAIS BLVD ONE ROWAYTON AVE ASPEN, CO 81611 GROSSE POINT PARK, MI 48230 ROWAYTON, CT 06853 BOON CREEK LLC MCRAE CAROLYN S MEHTA NIDHI N TRUST :LUB CIR 210 E CAPITAL ST STE 1525 1529 GENESSEE VISTA RD ASPEN, CO 81611 JACKSON, MS 39201-2304 GOLDEN, CO 80401 .VYN & SUELLEN ESTRIN MEYER FAMILY TRUST MOERY CLARENCE BRYAN JR ESTRIN INTERNATIONAL PO BOX 300 PO BOX 1025 izu0 WISCONSIN AVE SUITE 600 INDIAN LAKE, NY 12842 WYNNE, AR 72396 BETHESDA, MD 20814 K LAND & DEVELOP L P POLLOCK KENNETH M R& N ENTERPRISES A PARTNERSHIP ) N 28TH ST C/O RATNER SCHIRGER & POLLOCK PO BOX 626 PHOENIX, AZ 85016-8946 14248 SAUNDERS RD CARBONDALE, CO 81623 PECATONICA, IL 61063 NER DENNIS F i HARTLAND RD FALLS CHURCH, VA 22043 >NER DAVID N RES TRST a NW63RDLN BOCA RATON, FL 33496 ^LIIRGER WILLIAM E RATNER SCHIRGER & POLLOCK , 48 SAUNDERS RD PECATONICA, IL 61063 "7A COYLE REVOCABLE LIVING IST COLONIAL RD MEMPHIS, TN 38117-4027 MS RONALD A & VICTORIA M TRSTE 1 CENTURY PARK E STE 1930 LOS ANGELES, CA 90067 kNJER BYRON & MARTHA UND 1/2 RIVERHILL DR ATLANTA, GA 30328 �NFORD THOMAS G BOX 111 ASPEN, CO 81612 EENY JAMES H III 0 S BAYSHORE DR VILLA 51 MIAMI, FL 33133 - . -'.DUN ASSOCIATES INTERNATIONAL t,ry INN AT ASPEN ATTN: ACCOUNTING 38750 HWY 82 'EN, CO 81611 RATNER DENNIS F C/O RATNER SCHIRGER & POLLOCK 14248 SAUNDERS RD PECATONICA, IL 61063 RUNGE PAUL 54 SCENIC DR ORINDA, CA 94563 ROMUNDSTAD GERDA E & TERRY O 5854 HOBE CT WHITE BEAR LAKE, MN 55110 SCHEIDT RUDI E JR 6230 RIVERGROVE COVE MEMPHIS, TN 38104 SCHLICHTEMEIER ERNEST F & PEGGY SEIDL JOHN M & MARIE P 15 OAKWOOD BLVD KIMEP DEPT BUSINESS ADMIN ATHERTON, CA 94027 4ABAI PROSPECT 480100 ALMATY KAZAKHSTAN, SHOCKLEY-ZALABAK PAMELA S 5905 RIDGE BROOK LN COLORADO SPRINGS, CO 81018 SOLDNER PAUL E & VIRGINIA I PO BOX 90 ASPEN, CO 81612 SPEER CHRISTINE PO BOX 483 STRATHAM, NH 03885 STAPLETON CRAIG R AGENT STAPLETON ASSOCIATES PO BOX 1576 GREENWICH, CT 06836 TEILBORG LIVING TRUST 401 W WASHINGTON ST #523-SPC51 PHOENIX, AZ 85003-2154 VICENZI GEORGE A TRUST PO BOX 2238 ASPEN, CO 81612 SHURTLEFF ROBERT & BEVERLY 866 WINDERMERE WY PALM BEACH. FL 33418 SOMMERVILLE FAMILY HEALTH INC 9 RED TAIL DR HIGHLANDS RANCH, CO 80126 STAFF SERVICES COMPANY LTD C/O WILLIAM JORDAN III 418 E COOPER ST STE 202 ASPEN, CO 81611 STITT AUSTINE N & HAROLD L 1450 SILVERKING DR ASPEN, CO 81611 UYETAKE SIDNEY S & DIANE M 2033 A ROUNDTOP TERRACE HONOLULU, HI 96822 WILLIAMS J R PROPERTIES INC 840 S ADAMS ST DENVER, CO 80209 -' IBWELL GEORGE & EDITH ZALABAK CHARLES F ZURICK ANDREW & PAT HERITAGE DR 4015 STONEBRIDE POINT 4982 ARMANDALE AVE %,mr-,BONDALE, CO 81623 COLORADO SPRINGS, CO 80904-4704 CANTON, OH 44718 CASE NUMBER A066-03 PARCEL ID # 2735-023-09-051 CASE NAME Maroon Creek Club GMQS Residential Scoring/PUD Amen PROJECT ADDRESS Maroon Creek Club Lot 51 PLANNER James Lindt CASE TYPE GMQS/Final PUD/Final SPA OWNER/APPLICANT Maroon Creek Club Millenium Membership REPRESENTATIVE Blue Green DATE OF FINAL ACTION 2/17/04 CITY COUNCIL ACTION PZ ACTION GMC Reso. 1-2004, P ADMIN ACTION Denied BOA ACTION DATE CLOSED 04/13/04 BY D DRISCOLL PARCEL ID: 2735-023-09-051 DATE RCVD: F1763/037 # COPIES: CASE NO A066-03 CASE NAME: Maroon Creek Club GMQS Residential Scoring/PUD Amend/SPA Amend PLNR: James Lindt PROJ ADDR: Maroon Creek Club Lot 51 CASE TYP: GMQS/Final PUD/Final SPA STEPS:r- OWN/APP Maroon Creek Club ADR f Maroon Creek Club, L C/S/Z: Aspen/CO/81611 PHN:�- REP: Blue Green ADR: 412 N Mill St Ste B8 C/S/Z: Asoen/CO/81611 PHN: 970-429-7499 �o FEES DUE: Bill against. FEES RCVD:_ STAT: �. REF:- B MTG DATE REV BODY PH NOTICED 77 Moil BY: PLAT SUBMITD: PLAT (SK,PG): DATE OF FINAL ACTION: CITY COUNCIL: r _J PZVn, DRAC: i ADMINI .4, U - 2C& I ' 11 496185 I I ge: 1 of 2 _VIA DAVIS PITKIN COUNTY CO I 4/06/2004 09:01A R 11.00 D 0.00 Resolution No. 1 Series of 2004 A RESOLUTION OF THE CITY OF ASPEN/PITKIN COUNTY GROWTH MANAGEMENT COMMISSION INDICATING THAT THE MAROON CREEK CLUB GMQS SCORING APPLICATION TO ADD KITCHENS TO THE LODGE UNITS AT THE MAROON CREEK CLUB DID NOT RECEIVE A PASSING SCORE, THEREBY IN EFFECT DENYING THE APPLICATION, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID No. 2735-023-09-051 WHEREAS, the Community Development Department received an application from the Maroon Creek Club Millennium Members, represented by Blue Green, LLC, requesting approval of Growth Management Scoring for four (4) residential growth management allotments to convert the existing eight (8) lodge units within the Maroon Creek Club into four (4) free-market residential units, Lot 51, Maroon Creek Club Subdivision/PUD, City and Townsite of Aspen; and, WHEREAS, during a duly noticed public hearing on February 17, 2004, the Aspen/Pitkin County Growth Management Commission considered the recommendation of the Community Development Director, the recommendation of the Aspen/Pitkin County Housing Authority Board, and testimony offered by the general public, considered the project for initial and final scoring (score summary attached), found the proposal not to meet the necessary passing score, thereby in effect denying the request. NOW, THEREFORE BE IT RESOLVED by the Aspen/Pitkin County Growth Management Commission that the GMQS residential scoring request to add kitchens to the lodge units in the Maroon Creek Club did not obtain the minimum passing score required for residential GMQS allotments, thereby effectively denying the request. Application DENIED by the Aspen/Pitkin County Growth Management Commission at its regular meeting on February 17, 2004. RESOLUTION APPROVED AS TO FORM El ) I., - City' AttorncY ATTEST: ckie Lothian, Deputy City Clerk tt: Scoring summary ASPEN/PITKIN COUNTY GROWTH MANAGEMENT C(aM ISSION: � Jasmine Tygre, Chair MCC Scoring Initial Scoring Final Scoring - CommissionerA B C D A B C D Jasmine Tygre, Chair 1 2 1 1 1 2 1 1 Jack Johnson 0 1 1 3 0 1 1 3 Ruth Krueger 3 3 3 3 3 4 3 3 Steve Skadron 0 2 3 3 0 2 3 3 John Rowland 3 3 3 3 4 4 3 3 Dylan Johns 3 3 3 3 3 4 3 3 Joseph Krabacher 4 5 4 4 5 5 5 4 Steve Whipple 3 3 3 3 5 4 3 5 Peter Thomas 3 4 3 3 3 4 3 3 9 Average Score 2.22 2.89 2.67 2.89 2.67 3.33 2.78 3.11 Threshold 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Pass/Fail Fail Fail Fail Fail Fail Pass Fail Pass Scoring Categories A.- Revitalizing Permanent Community 5 points available. B - Providing Transportation Alternatives. 5 points available. C - Promoting Environmentally Sustainable Development. 5 points available D - Maintaining Design Quality. 5 points available. Minimum Scoring Thresholds A - Average of three (3) points B - Average of three (3) points C - Average of three (3) points D - Average of three (3) points D Ncn z < 0 m to CO rn 1D D) m o CCO m m N l0 m D r RESOLUTION NO.4 (SERIES OF 2004) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL DENY AN AMENDMENT TO THE MAROON CREEK CLUB SPECIALLY PLANNED AREA/PUD TO ALLOW FOR THE LODGE ROOMS WITHIN THE MAROON CREEK CLUB TO CONTAIN KITCHENS, THERBY BECOMING FOUR (4) RESIDENTIAL DWELLING UNITS, LOT 51, MAROON CREEK CLUB SUBDIVISION/SPA/PUD, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-023-09- 051 WHEREAS, the Community Development Department received an application from the Maroon Creek Millennium Members, represented by Blue Green, LLC, requesting approval of a PUD amendment and an SPA amendment to the Maroon Creek Club PUD to allow for kitchens to be installed in the lodge units located within the Maroon Creek Club, thereby converting them to residential units; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of the proposed PUD and SPA amendments; and, WHEREAS, during a duly noticed public hearing on February 17, 2004, the Planning and Zoning Commission reviewed and considered the development proposal under the applicable provisions of the Municipal Code and a motion to approve failed by a three to three (3-3) vote; thereby denying the proposed requests; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in City of Aspen Land Use Code Section 26.445, Planned Unit Development, and Section 26.440, Specially Planned Area, the Planning and Zoning Commission hereby denies the PUD and SPA amendment requests to add kitchens to the lodge units in the Maroon Creek Club. Section 2• All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4• If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. DENIED BY the Planning and Zoning Commission of the City of Aspen on this 17th day of February, 2004. APPROVED AS TO FORM: COMMISSION: 1 City Attorney ATTEST: We Lothian, Deputy City Clerk PLANNING AND ZONING Jasmine Tygre, Chair MEMORANDUM TO: City of Aspen Planning and Zoning Commission THRU: Joyce Allgaier, Deputy Director 3 FROM: James Lindt, Planner RE: Maroon Creek Club Lodge SPA/PUD Amendment- Public Hearing, Continued from 2/3 DATE: February 17, 2004 SUMMARY: The Applicants have requested to add kitchens to all of the lodge units that are located within the Maroon Creek Club, thereby making them multi -family residential units. APPLICANTS: Maroon Creek Club Millennium Members (with consent to apply from the Maroon Creek Club) REPRESENTATIVE: Sheri Sanzone, Blue Green, LLC LOCATION: Lot 51, Maroon Creek Club Subdivision, Maroon Creek Club ZONING: Park with a PUD and Specially Planned Area (SPA) Overlay LOT SIZE: Approximately 46,000 S.F. BACKGROUND: The Maroon Creek Club Millennium Members, ("Applicants"), represented by Blue Green, LLC, are requesting approval of an SPA and PUD amendment to add a kitchen to each of the four (4) lodge units within the Maroon Creek Club, thereby converting them to multi -family residential dwelling units by definition of the City of Aspen Land Use Code. The lodge rooms in question were originally approved as twelve (12) lodge rooms that were constructed with replacement credits for the lodge units that used to exist in the Aspen Country Inn, pursuant to Board of County Commissioner's Resolution No. 91-111. Subsequently, an insubstantial PUD amendment was approved by the City of Aspen Community Development Director in 1998 to allow for the twelve (12) lodge units to be combined into eight (8) lodge units by making a finding that the total size and number of lodge bedrooms within the structure would not change. The Applicants further have gained approval of building permits to combine the remaining units into four (4) lodge units. The lodge units that were constructed in the Maroon Creek Club do not contain kitchens (staff identifies a space as a kitchen if it has built-in cooking devices). In addition, the City of Aspen Land Use Code does not allow lodge rooms to have kitchens if they are not located within the Lodge Preservation (LP) Overlay Zone District. This property is not located in the Lodge Preservation Overlay Zone District. Furthermore, the Maroon Creek Club SPA does not currently allow for the lodge units to have kitchens because the SPA that was approved in conjunction with the annexation of the Maroon Creek Club, simply approved the uses that were in existence at the time of annexation. Therefore, because the units did not have kitchens at the time of annexation, the units are not currently allowed to contain kitchens under the SPA. Thus, the Applicants have requested a PUD/SPA amendment and GMQS scoring approval to allow for each of the lodge rooms to include a kitchen and thereby become multi -family dwelling units. REVIEW PROCEDURE: PUD/SPA Amendment (City Planning and Zoning Commission): The PUD/SPA amendment request shall be reviewed by City Council after obtaining a recommendation from the City Planning and Zoning Commission. The Aspen/Pitkin County Growth Management Commission will score the Growth Management portion of the application prior to the Planning and Zoning Commission reviewing this PUD/SPA amendment request. STAFF COMMENTS: In reviewing the application, staff would generally not support the conversion of lodge units into residential units due to the recent loss in lodging bedrooms within the City. However, as was mentioned in the Growth Management memorandum, staff believes that the lodge units within the Maroon Creek Club are not typical lodge rooms. The existing lodge rooms in the Maroon Creek Club are not required to be rented out on a short-term basis because they were approved in the County and the County's approvals do not specify that lodge rooms were to be available for rental on a short-term basis to the general public as the City's land use code requires. The City Attorney's Office has made the interpretation that the City's land use code operational requirements for lodges do not apply in this situation to the operations of these lodge units because the PUD is based on the County's approvals and there were not provisions made to apply the City's land use code requirements to the development at the time of annexation. It is staff s opinion that the addition of kitchens will not really change the usage of the units because they already are not available on a short-term basis to the general public as lodge units are required to be in the City. Staff also agrees with the Applicants' contention that there will not be any employees generated by the addition of kitchens and the conversion of the units to multi -family dwelling units. Moreover, the Housing Authority Staff reviewed the request and felt that no employees should be generated by this proposal because the maintenance operations of the units would not change from their existing levels as the Applicants have argued. Similarly, staff believes that the proposal should not necessitate additional parking spaces because the number of total bedrooms within the Maroon Creek Club is not being altered as part of this proposal. PJ In reviewing the earlier request to add a kitchen to just one of the units in the Maroon Creek Club, staff recommended denial because there was no apparent public benefit to the application. Subsequently, this application has proposed several transportation alternatives that staff believes will provide some community benefit in the realm of encouraging the Millennium Members to use means of transportation other than their personal automobiles. These transportation alternatives include initiating a taxi voucher program at the Maroon Creek Club for the use of the Millennium Members and their guests and purchasing several bicycles that are to be kept at the Maroon Creek Club. The bicycles are for use by the Millennium Members and their guests. STAFF RECOMMENDATION: In reviewing the PUD/SPA amendment request, staff believes that the application meets the PUD/SPA amendment review standards. RECOMMENDED MOTION: "I move to approve City of Aspen Planning and Zoning Commission Resolution No. -41 Series of 2004, recommending that City Council approve with conditions, a PUD/SPA amendment to allow for the addition of kitchens in the four (4) lodge units within the Maroon Creek Club, thereby converting the units to multi -family dwelling units." ATTACHMENTS: Exhibit A -- PUD and SPA Review Criteria and Staff Findings Exhibit B -- Development Application (Application provided at 1/20 meeting) Exhibit C -- Referral Comments 3 RESOLUTION NO. L (SERIES OF 2004) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL APPROVE AN AMENDMENT TO THE MAROON CREEK CLUB SPECIALLY PLANNED AREA/PUD TO ALLOW FOR THE LODGE ROOMS WITHIN THE MAROON CREEK CLUB TO CONTAIN KITCHENS, THERBY BECOMING FOUR (4) RESIDENTIAL DWELLING UNITS, LOT 51, MAROON CREEK CLUB SUBDIVISION/SPA/PUD, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-023-09-051 WHEREAS, the Community Development Department received an application from the Maroon Creek Club Millennium Members ("Applicants"), represented by Blue Green, LLC, requesting an amendment to the Maroon Creek Club Specially Planned Area/PUD to allow for the conversion of the existing lodge rooms in the in the Maroon Creek Club into four (4) free-market dwelling units by adding kitchens on Lot 51, of the Maroon Creek Club Subdivision/SPA/PUD; and, WHEREAS, Maroon Creek LLC and the AEP Family LLLP are the owners of Lot 51, of the Maroon Creek Club Subdivision/SPA/PUD; and, WHEREAS, Maroon Creek LLC and the AEP Family LLLP have provided written consent for the Applicants to apply for a PUD and SPA Amendment on Lot 51, of the Maroon Creek Club Subdivision/SPA/PUD; and, WHEREAS, City Council Ordinance No. 40, Series of 1996 zoned the subject property to Park with an SPA and PUD Overlay upon annexation into the City of Aspen; and, WHEREAS, pursuant to the applicable provisions of the Municipal Code, the site -specific development plan that was approved by Pitkin County pursuant to BOCC Resolution No. 104, Series of 1993 and subsequently annexed into the City of Aspen shall be considered the final SPA development plan for purposes of amendment; and, WHEREAS, pursuant to Section 26.440 of the Land Use Code, City Council may approve an amendment to a Specially Planned Area during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, and after considering comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, the Fire Marshal, Aspen Consolidated Sanitation District, the City Water Department, City Engineering, City Streets Department, and the Community Development Department reviewed the proposal and recommended approval; and, WHEREAS, during a duly noticed public hearing on February 3, 2004, the Planning and Zoning Commission opened and continued the public hearing to February 17, 2004; and, WHEREAS, during a duly noticed public hearing on February 17, 2004, the Planning and Zoning Commission recommended, by a to ( -_) vote, that City Council approve an SPA and PUD amendment to the Maroon Creek Club SPA/PUD to allow for the lodge units within the Maroon Creek Club to contain kitchens, thereby becoming four (4) free market residential dwelling units; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section l That the Planning and Zoning Commission hereby recommends that City Council approve a PUD and SPA amendment to allow for the lodge units at the Maroon Creek Club to contain kitchens, thereby becoming four (4) residential dwelling units, with the following conditions: 1. All four (4) residential units shall meet Type B accessibility requirements pursuant to the Uniform Building Code and obtain a passing accessibility score pursuant to Section 9-5-111 of the Colorado State Statutes. 2. The fire alarm system shall be programmed so that the exterior exit doors unlock or open when the building's fire alarm is activated. This shall be completed prior to adding any of the requested cooking devices to the units. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3• This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on the 17th day of February, 2004. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk Jasmine Tygre, Chair EXHIBIT A MCC SPA AMENDMENT REVIEW CRITERIA & STAFF FINDINGS 26.440.050. Review standards for development in a Specially Planned Area (SPA). In the review of a development application for a conceptual development plan and a final development plan, the Planning and Zoning Commission and City Council shall consider the following: 1. Whether the proposed development is compatible with or enhances the mix of development in the immediate vicinity of the parcel in terms of land use, density, height, bulk, architecture, landscaping and open space. Staff Finding Staff believes that the Applicants' request to amend the SPA to add kitchens to all of the lodge rooms is compatible with the existing land uses in the immediate vicinity in that the uses in the immediate vicinity include multi -family residential dwelling units. Additionally, the Applicants are not requesting amendments to the exterior of the structure, and thus the height, bulk, architecture, landscaping, and open space will not be affected by the proposed amendment. Therefore, staff finds this criterion to be met. 2. Whether sufficient public facilities and roads exist to service the proposed development. Staff Finding Staff does not believe that the proposed amendment will affect the existing road access or public facilities. Staff finds this criterion to be met. 3. Whether the parcel proposed for development is-enerally suitable for development, considering the slope, ground instability and the possibility of mud flow, rockfalls, avalanche dangers and flood hazards. Staff Finding The subject property is already developed and the Applicants are not proposing to alter the exterior of the building. Staff does not believe that this criterion is applicable to this application. 4. Whether the proposed development creatively employs land planning techniques to preserve significant view planes, avoid adverse environmental impacts and provide open space, trails and similar amenities for the users of the project and the public at large. Staff Finding The Applicants are not proposing to alter the exterior of the structure. Staff finds this criterion not to be applicable to this application. M 5. Whether the proposed development is in compliance with the Aspen Area Comprehensive Plan. Staff Finding Staff does not believe that the proposed application is inconsistent with the Aspen Area Community Plan because the existing lodge units currently operate more like residential units than lodging units as was described earlier in the staff memo. However, it should be noted that if staff had the authority to require the units to be rented out on a short-term basis we would not support this application. Conversely, since staff does not feel that we have the authority to require the Applicants to rent the lodge units out on a short-term basis, staff feels that the proposal will present minimal change to the actual use of the units. Staff does not believe that the proposed amendment will generate employees as will be discussed in the review of the Growth Management portion of the application. Moreover, staff does not feel that the application will have a negative impact on public infrastructure. Staff finds this criterion to be met. 6. Whether the proposed development will require the expenditure of excessive public funds to provide public facilities for the parcel, or the surrounding neighborhood. Staff Finding Staff does not believe the proposed development will require the expenditure of excessive public funds to provide public facilities for the parcel, or the surrounding neighborhood. The parcel is already developed and staff believes that there are sufficient public facilities to allow for the addition of a kitchen in each of the units. Staff finds this criterion to be met. 7. Whether proposed development on slopes in excess of twenty (20) percent meet the slope reduction and density requirements of Section 26.445.040(B)(2). Staff Finding There are no slopes on the subject parcel that are in excess of 20% and the property is already developed. Staff finds that this criterion is not applicable. 8. Whether there are sufficient GMQS allotments for the proposed development. Staff Finding The Applicants have concurrently applied for four (4) GMQS Residential Allotments and staff has determined that there are enough allotments available in the allotment pool for the proposed conversion. Staff finds this criterion to be met. 5 PLANNED UNIT DEVELOPMENT (PUD) REVIEW CRITERIA & STAFF FINDINGS Section 26.445.050, Review Standards: PUD Section 26.445.050 of the Regulations provides that development applications for a PUD amendment must comply with the following standards and requirements. A. General Requirements. 1. The proposed development shall be consistent with the Aspen Area Communit, Plan. Staff Finding Staff does not believe that .the proposed application is inconsistent with the Aspen Area Community Plan because the existing lodge units currently operate more like residential units than lodging units as was described earlier in the staff memo. However, it should be noted that if staff had the authority to require the units to be rented out on a short-term basis we would not support this application. Conversely, since the City Attorney's Office does not feel that we have the authority to require the Applicants to rent the lodge units out on a short- term basis, staff feels that the proposal will present minimal change to the actually use of the units. Additionally, staff does not believe that the proposed amendment will generate employees as will be discussed in the review of the Growth Management portion of the application. Staff finds this criterion to be met. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. Staff Finding Staff believes that the Applicants' request to amend the SPA to add kitchens to all of the lodge rooms is compatible with the existing land uses in the immediate vicinity in that the uses in the immediate vicinity include multi -family residential dwelling units. Additionally, the Applicants are not requesting amendments to the exterior of the structure, and thus the height, bulk, architecture, landscaping, and open space will not be affected by the proposed amendment. Therefore, staff finds this criterion to be met. 3. The proposed development shall not adversely affect the future development of the surrounding area. Staff Finding Staff does not believe that the proposed amendment will adversely affect the development rights of the surrounding area. Staff finds this criterion not to be applicable to this proposal. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed Co development and will be considered prior to, or in combination with, _final PUD development plan review. Staff Finding The Applicants have concurrently applied for four (4) GMQS Residential Allotments and staff has determined that there are enough allotments available in the allotment pool for the proposed conversion. Staff finds this criterion to be met. B. Establishment of Dimensional Requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of, and compatibility with, existing and expected future land uses in the surrounding area. b) Natural and man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. Staff Finding The Applicants are not proposing to alter the approved dimensional requirements within the PUD/SPA. The proposed amendment would alter only the interior of the existing lodge units by adding a kitchen to each of the units. Staff finds this criterion to be met. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Staff Finding The Applicants are not proposing to alter the approved dimensional requirements within the PUD/SPA. The proposed amendment would alter only the interior of the existing lodge units by adding a kitchen to each of the units. Staff finds this criterion to be met. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed 7 c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity of the proposed development to the commercial core and general activity centers in the city. Staff Finding The Applicants are not proposing to alter the number of off-street parking spaces that currently exist for the lodge use. In comparing the parking impacts between the two (2) uses, under the current land use code the proposed four (4) residential units would require only eight (8) parking spaces whereas twelve (12) parking spaces would be required for the twelve (12) lodge units that were originally approved. Therefore, in comparing the underlying parking requirements of the conversion, staff believes that the residential units will require less parking than the lodge units. Thus, staff finds this criterion to be met. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of'a PUD may be reduced if.• a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removvl, and road maintenance to the proposed development. Staff Finding The Applicants have already gained building permit approval to combine the existing eight (8) lodge units into four (4) residential units. Therefore, there will be a reduction in the allowed density; however, it is not requested as part of this application. Staff finds this criterion not to be applicable to this application. S. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if.• a) The land is not suitable for the proposed development because of ground instability or the possibility of mudflow, rockfalls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. Staff Finding The Applicants have already gained building permit approval to combine the eight (8) lodge units into four (4) lodge units. Therefore, there will be a reduction in the allowed density; 8 however, it is not requested as part of this application. Staff finds this criterion not to be applicable to this application. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if.• a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and S, above, those areas can be avoided, or those characteristics mitigated. c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. Staff Finding The Applicants are not requesting to increase the allowable density through the proposed PUD amendment. Staff finds this criterion not to be applicable to this application. B. Site Design: . The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. Staff Finding The proposed application will not alter the exterior of the structure. Therefore, staff finds this criterion not to be applicable to this application. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. Staff Finding The proposed application will not alter the exterior of the structure. Therefore, staff finds this criterion not to be applicable to this application. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. 9 Staff Finding The proposed application will not alter the exterior of the structure. Therefore, staff finds this criterion not to be applicable to this application. 4. Buildings and access ways are appropriately arran"ed to allow erner" encp alit/ service vehicle access. Staff Finding The proposed application will not alter the exterior of the structure. Therefore, staff finds this criterion not to be applicable to this application. 5. Adequate pedestrian and handicapped access is provided. Staff Finding The Building Department has already approved building permit applications to allow for the eight (8) lodge units to be converted into four (4) lodge units. In reviewing the building permit applications, it was determined that the subject units are not required to be accessible. Staff finds this criterion not to be applicable to this application. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. Staff Finding The proposed application will not alter the exterior of the structure. Therefore, staff finds this criterion not to be applicable to this application. 7. For non-residential land uses, spaces between buildings are appropriately de- signed to accommodate any programmatic functions associated with the use. Staff Finding The proposed application will not alter the exterior of the structure. Therefore, staff finds this criterion not to be applicable to this application. C. Landscape Plan: The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits a well designed treatment of exterior spaces, preserving existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. Staff Finding The proposed application will not alter the exterior of the structure. Therefore, staff finds this criterion not to be applicable to this application. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. Staff Finding The proposed application will not alter the exterior of the structure. Therefore, staff finds this criterion not to be applicable to this application. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding The proposed application will not alter the exterior of the structure. Therefore, staff finds this criterion not to be applicable to this application. D. Architectural Character: It is the purpose of this standard to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan and architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of'the development shall: 1. be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. Staff Finding The proposed application will not alter the exterior of the structure. Therefore, staff finds this criterion not to be applicable to this application. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less -intensive mechanical systems. Staff Finding The proposed application will not alter the exterior of the structure. Therefore, staff finds this criterion not to be applicable to this application. 3. Accommodate the storage and shielding of snow, ice, and water in a safe an appropriate manner that does not require significant maintenance. Staff Finding The proposed application will not alter the exterior of the structure. Therefore, staff finds this criterion not to be applicable to this application. E. Lighting: The purpose of this standard is to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following standards shall be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any king to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. Staff Finding The Applicants are required to meet the City of Aspen Lighting Code for any exterior lighting that is exists. Staff believes that the Applicants' required compliance with the City Lighting Code ensures that the development be lighted in an appropriate manner. Staff finds this criterion to be met. 2. All exterior lighting shall be in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up -lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. Staff Finding The Applicants meet the City of Aspen Lighting Code with the existing development and any new lighting is required to meet the City's lighting code. Staff finds this criterion to be met. G. Common Park, Open Space, or Recreation Area: If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. Staff Finding The proposed application will not alter the exterior of the structure. Therefore, staff finds this criterion not to be applicable to this application. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 12 Staff Finding This requirement has already been complied with in the subdivision agreement for the Maroon Creek Club Subdivision. Staff finds this criterion to be met. 3. There is proposed an adequate assurance through legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against . future residential, commercial, or industrial development. Staff Finding This requirement has already been complied with in the subdivision agreement for the Maroon Creek Club Subdivision. Staff finds this criterion to be met. H. Utilities and Public Facilities: The purpose of this standard is to ensure the development does not impose any undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. Staff Finding Staff believes that sufficient public facilities exist to allow for the addition of a kitchen in the lodge unit as is proposed. Staff finds this criterion to be met. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. Staff Finding Staff does not believe that the proposal will result in any adverse impacts on the public infrastructure. Staff finds this criterion to be met. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Staff Finding The Applicants are not proposing to install oversized utilities or public facilities and it is not anticipated that the Applicants will be required by the City to provide oversized utilities to add kitchens to each of the units. Staff does not find this criterion to be applicable to this application. L Access and Circulation (Only standards I & 2 apply to Minor PUD applications): The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The 13 proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through and approved private road, a pedestrian way, or other area dedicated to public or private use. Staff Finding The proposed application will not alter the exterior of the structure and thus, the existing access is not proposed to be altered. Therefore, staff finds this criterion not to be applicable to this application. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. Staff Finding The proposed application will not alter the exterior of the structure and thus, the existing access is not proposed to be altered. Therefore, staff finds this criterion not to be applicable to this application. J. Phasing of Development Plan. The purpose of these criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed to function its a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees -in -lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Staff Finding The Applicants are not proposing to phase the construction. Therefore, staff finds this criterion not to be applicable to this application. 14 413 azp+ Q� to January 13, 2003 X1611 T (970) 4297499 N (970) 439 9099 James Lindt, Planner uX,,,:,n«��a,,.�, .,•dt City of Aspen 130 South Galena Street Aspen Colorado 81611 Via hand/email delivery Re: Maroon Creek Lot 51 PUD/SPA Amendment & GM Application Dear James: This letter is intended to supplement the land use application submitted for the above referenced project by Bluegreen on behalf of the Millennium Members ownership group. As you are aware, the Millennium Members have been considering various methods to provide added benefits to their application. They have been careful to develop programs that they believe will be used to considerable effect by themselves and their guests. The following summarizes these programs and their benefits. Taxi Voucher Program —This program will provide further benefits in the area of Providing Transportation Alternatives by reducing dependency on individual automobiles and creating a less congested downtown core. Currently Members typically use rental cars when in Aspen. This program will allow Members and their guests to instead use the existing taxi system to travel to and from the airport and the commercial core. The program creates an easy -to -use voucher account with High Mountain Taxi where trips are pre -paid and/or billed on a monthly basis. mcc lot 51 pud/spa amendment & gm application P. 1 Shared Bike Program —This program will provide further benefits in the areas of Providing Transportation Alternatives and Promoting Environmentally Sustainable Development. The Members will purchase two bicycles that will be used by the Members and their guests. They will be securely stored at bike racks immediately adjacent to the units. The bike racks are also available for other bike storage. Use of the bikes will further reduce dependency on individual automobiles and will reduce PM10 levels. Recycling Program —The Maroon Creek Club has an extensive recycling program for their commercial operations that will be made available to the Members. Two of the Members units are undergoing remodels that are accommodating recyclables/trash separation bins in the kitchens. Recycling bins are being added in the remaining three units. This program benefits in the area of promoting community recycling efforts. Please call me at 429 7499 if you have any questions regarding these programs. Sincerely, bluegreen, Ilc Sheri Sanzone, AICP/ASLA Principal mcc lot 51 pud/spa amendment & gm application p. 2 EXIII'L4 \`C "' MEMORANDUM TO: ,Tames Lindt, Community Development FROM: Cindy Christensen, Operations Manager, Housing DATE: November 25, 2003 RE: MAROON CREEK CLUB SPA AND PUD AMENDMENT Parcel ID No. ISSUES: The applicants are requesting approval to change eight lodge rooms into four residential units by combining certain units and adding a cooking appliance to the four proposed units. BACKGROUND: The property is located within the Maroon Creek Club. The applicants have been given permission by the Maroon Creek Club to combine eight lodge rooms into four residential units. The Maroon Creek Development Corporation constructed 39 units of employee housing on -site satisfying its initial housing mitigation requirements. The General manager states that they are not making any changes to their staffing levels, job responsibility or operations because of the proposed use. No new employees will be hired or created with the proposed changed. To calculate any additional mitigation could be done one of two ways -- by number of units or by square feet. The application is correct that either 3.6 employees or 2.3 employees could be generated. However, with what is being proposed, it seems highly unlikely that any additional employees would be generated. If City Council is concerned with this request, an audit could be required one year after Certificate of Occupancy for all the remodeled units. RECOMMENDATION: After reviewing the application Staff would agree with the applicant that no new employees would be generated by this conversion; therefore, no additional employee mitigation would be required. tbracewell@aspensan.com, U" `3 AM 11/10/2003 ,MMC PUD kitchens Page 1 of 1 From: tbracewell@aspensan.com Reply -To: <tbracewell@aspensan.com> To: "John Niewhoehner" <johnn@ci.aspen.co.us> Cc: "Peg Mohr" <pmohr@aspensan.com>, "James Lindt" <jamesl@ci.aspen.co.us> Subject: MMC PUD kitchens Date: Mon, 10 Nov 2003 08:53:00 -0700 Organization: ACSD X-Mailer: Microsoft Outlook Express 6.00.2800.1158 X-AntiAbuse: This header was added to track abuse, please include it with any abuse report X-AntiAbuse: Primary Hostname - spider.mywwwserver.com X-AntiAbuse: Original Domain - ci.aspen.co.us X-AntiAbuse: Originator/Caller UID/GID - [47 12] / [47 12] X-AntiAbuse: Sender Address Domain - aspensan.com X-MailScanner-Information: Please contact the ISP for more information X-MailScanner: Found to be clean James and John, My only comment would be that the applicant needs to get detailed plans to Peg in our office for an estimate of tap fees and that the fees need to be paid to ACSD before issuance of a building permit. Thanks Tom Printed for James Lindt <jamesl@ci.aspen.co.us> 01/09/2004 412 vur-I µUX v<p+ au 08 --x , X,'X.rak, %1611 January 13, 2003 T (YR) 4297499 4> (Y7n) 429Y4YY James Lindt, Planner City of Aspen 130 South Galena Street Aspen Colorado 81611 Via hand/email delivery Re: Maroon Creek Lot 51 PUD/SPA Amendment & GM Application Dear James: This letter is intended to supplement the land use application submitted for the above referenced project by Bluegreen on behalf of the Millennium Members ownership group. As you are aware, the Millennium Members have been considering various methods to provide added benefits to their application. They have been careful to develop programs that they believe will be used to considerable effect by themselves and their guests. The following summarizes these programs and their benefits. Taxi Voucher Program —This program will provide further benefits in the area of Providing Transportation Alternatives by reducing dependency on individual automobiles and creating a less congested downtown core. Currently Members typically use rental cars when in Aspen. This program will allow Members and their guests to instead use the existing taxi system to travel to and from the airport and the commercial core. The program creates an easy -to -use voucher account with High Mountain Taxi where trips are pre -paid and/or billed on a monthly basis. mcc lot 51 pud/spa amendment & gm application P. 1 Shared Bike Program —This program will provide further benefits in the areas of Providing Transportation Alternatives and Promoting Environmentally Sustainable Development. The Members will purchase two bicycles that will be used by the Members and their guests. They will be securely stored at bike racks immediately adjacent to the units. The bike racks are also available for other bike storage. Use of the bikes will further reduce dependency on individual automobiles and will reduce PM10 levels. Recycling Program —The Maroon Creek Club has an extensive recycling program for their commercial operations that will be made available to the Members. Two of the Members units are undergoing remodels that are accommodating recyclables/trash separation bins in the kitchens. Recycling bins are being added in the remaining three units. This program benefits in the area of promoting community recycling efforts. Please call me at 429 7499 if you have any questions regarding these programs. Sincerely, bluegreen, Ilc Sheri Sanzone, AICP/ASLA Principal mcc lot 51 pud/spa amendment & gm application p. 2 MEMORANDUM -� �► TO: Joint Aspen/Pitkin County Growth Management Commission THRU: Joyce Allgaier, Deputy Director R06d\i SCcu �` In FROM: James Lindt, Planner JL_ RE: Maroon Creek Club Lodge Conversion Growth Management Scoring- Public Hearing- Continued from 1/20 DATE: February 17, 2004 SUMMARY: The Applicants have requested to add kitchens to all of the lodge units that are located within the Maroon Creek Club, thereby making them multi -family residential units. APPLICANTS: Maroon Creek Club Millennium Members (with consent to apply from the Maroon Creek Club) REPRESENTATIVE: Sheri Sanzone, Blue Green, LLC LOCATION: Lot 51, Maroon Creek Club Subdivision, Maroon Creek Club ZONING: Park with a PUD and Specially Planned Area (SPA) Overlay LOT SIZE: Approximately 46,000 S.F. BACKGROUND: The Maroon Creek Club Millennium Members, ("Applicants"), represented by Blue Green, LLC, are requesting Growth Management Scoring approval in conjunction with a PUD amendment to add a kitchen to each of the four (4) lodge units located in the Maroon Creek Club, thereby converting them to multi -family residential dwelling units by definition of the City of Aspen Land Use Code. The lodge rooms in question were originally approved as twelve (12) lodge rooms that were constructed with replacement credits for the lodge units that used to exist in the Aspen Country Inn, pursuant to Board of County Commissioner's Resolution No. 91-111. Subsequently, an insubstantial PUD amendment was approved by the City of Aspen Community Development Director in 1998 to allow for the twelve (12) lodge units to be combined into eight (8) lodge units by making a finding that the total size and number of lodge bedrooms within the structure would not change. The Applicants 1 further have gained approval of building permits to combine the remaining units into a total of four (4) lodge units. The lodge units that were constructed within the Maroon Creek Club do not contain kitchens (staff identifies a space as a kitchen if it has built-in cooking devices). In addition, the City of Aspen Land Use Code does not allow lodge rooms to have kitchens if they are not located within the Lodge Preservation (LP) Overlay Zone District. This property is not located in such district. Furthermore, the Maroon Creek Club SPA does not currently allow for the lodge units to have kitchens because the SPA that was approved in conjunction with the annexation of the Maroon Creek Club, simply approved the uses that were in existence at the time of annexation. Therefore, because the units did not have kitchens at the time of annexation, the units are not currently allowed to contain kitchens under the SPA. Thus, the Applicants have requested a PUD/SPA amendment and GMQS scoring approval to allow for each of the lodge rooms to include a kitchen and thereby become multi -family dwelling units. REVIEW PROCEDURE: Growth Management Scoring Review (Growth Management Commission): This application for scoring requires the Growth Management Commission to score the proposed application on a scale between zero (0) and five (5) points, with five (5) points being the highest possible score. If the proposal receives an average score of three (3) points or more in each of the four (4) criteria sections, the score is then forwarded to City Council and the Board of County Commissioners separately for their acceptance. Conversely, if the Growth Management Commission does not give the project a cumulative average score of three (3) points or more in each of the criteria sections, the application fails and the Applicants have the option of appealing the Growth Management Commission's scoring to City Council. In scoring the proposal, the Growth Management Commission shall do an initial scoring and then a final scoring. Between the initial scoring and the final scoring, the Commission shall be free to discuss the scores given and provide justification for said scoring. Therefore. according to City of Aspen Land Use Code Section 26.470.080(C)(4), the proceedings for the Growth Management Commission Scoring shall be as follows: The Community Development Staff shall present a summary and scoring recommendation of the application based on the residential allotment scoring criteria. 2. The Applicant or Applicant's representative shall then present comments regarding the application's consistency with the scoring criteria. 3. The Commission shall then take public comments. 4. The Commission may then ask questions of Staff, the Applicant, and the Public. 5. The Commission shall then complete an initial scoring in which each Commissioner shall assign a whole number (not a fraction) score to the application. 2 N 7. The Commission shall then discuss the individual scores provided. And finally, the Commission shall do a Commissioner will privately and without again. The average of the final score Commission's scoring of the application. final scoring round in which each discussion score the proposal once will be the Growth Management PUD/SPA Amendment (City Planning and Zoning Commission): The PUD/SPA amendment request shall be reviewed by City Council after obtaining a recommendation from the City Planning and Zoning Commission. Review of the PUD/SPA amendment by the City Planning and Zoning Commission shall take place subsequent to review of the scoring request. GROWTH MANAGEMENT SCORES: As was mentioned above, the scores to be given by the individual Commissioners shall be between zero (0) and five (5) and shall be whole numbers. The scores shall be given based on the following guidelines: Score: Guideline: Zero Indicates that a project had the opportunity to comply with the scoring criteria and had the ability to advance stated community goals, but will actually contribute nothing to implementation of the articulated vision and may, in fact, move the community further away from its stated goals. Three Indicates that a project will move the community closer towards attainment of its stated visions and makes a positive contribution toward implementation of articulated goals. Five Indicates that a project demonstrates exceptional sensitivity to the stated visions of the community and will result in a significant movement toward implementation of those goals. 9 Please note that Land Use Code Section 26.470.090(C), Growth Management Scoring Criteria, states that some statements in the criteria will have no relevance to certain types of projects and that when the criteria is not relevant to the application, the application shall not be penalized with low scores. STAFF COMMENTS: In reviewing the application, staff would generally not support the conversion of lodge units into residential units due to the recent loss in lodging bedrooms within the City. However, staff believes that the lodge units within the Maroon Creek Club are not typical lodge rooms. The existing lodge rooms in the Maroon Creek Club are not required to be rented out on a short-term basis because they were approved in the County and the County's approvals did not specify that the lodge rooms were to be available for rental on a short-term basis to the general public as the City's land use code requires. The City Attorney's Office has made the interpretation that the City's land use code operational requirements for lodges do not apply in this situation to the operations of these lodge units because the PUD is based on the County's approvals and there were not provisions made to apply the City's land use code requirements to the development at the time of annexation. It is staff's opinion that the addition of kitchens will not really change the usage of the units because they already are not available on a short-term basis to the general public as a lodge unit is required to be within the City. Staff also agrees with the Applicants' contention that there will not be any employees generated by the addition of kitchens and the conversion of the units to multi -family dwelling units. Moreover, the Housing Authority Staff reviewed the request and felt that no employees would be generated by this proposal because the maintenance operations of the units would not change from their existing levels as the Applicants have argued. Similarly, staff believes that the proposal should not necessitate additional parking spaces because the number of total bedrooms within the Maroon Creek Club is not being altered as part of this proposal. In total, staff believes that the community impacts created by this application will be minimal. The scoring section of the land use code identifies that projects should not be penalized with low scores because the scoring criteria is irrelevant to the application. Staff does not feel that the scoring criteria are particularly relevant given the minor nature of the request. Therefore, in scoring the application request, staff has scored the application in a manner in which the proposal meets the minimum required score of three (3) points in each criterion category to grant the four (4) residential growth management allotments that have been requested. STAFF'S RECOMMENDED SCORING: Criteria. The four (4) following community character -based scoring criteria are intended to encourage imaginative, innovative and flexible approaches to advancing the visions of Aspen area residents. Each criterion is presented in the form of general background and vision statements. Examples of methods that might be used to implement the vision follow the background and vision statements. It is recognized that some statements will have no relevance to certain types of projects; projects will not be penalized by low scores when that 4 is the case. Moreover, the list of possible implementation methods does not exhaust the range of possible actions for which points will be awarded. 1. Revitalizing the permanent community. Residents of the Aspen area have long recognized the need to preserve the community's character and identity as more than just a resort, a collection of second homes and a tourist shopping mecca. They recognize that a "critical mass" of permanent residents and local -serving businesses is necessary to make any community function. They recognize, too, that the vitality brought to the Aspen area by full-time residents is being seriously diluted by the inability of working people to live in their own community. As a result of these concerns, one of the community's central goals is to create a community with a size, density and diversity that encourages interaction, involvement and vitality and one that provides opportunities for its workers to become a permanent part of the social fabric. These are a variety of ways in which a project might address the goal of revitalizing the permanent community, including, but not limited to the following: a. Providing high -quality, on -site, affordable housing for permanent residents consistent with the Housing Authority Guidelines; b. Providing site -appropriate mixing of free market and affordable housing for efficient provision of services such as transit, and, for discouraging site planning that segregates affordable and free market units; C. Creating affordable dwelling units through buy -downs or conversion of existing free market units; and d Providing "locally -serving commercial space/businesses. " Staff Finding: The lodge units subject to this application were already accounted for in terms of employee generation because these lodge units were constructed through lodge credits when the Maroon Creek Club Subdivision was originally approved in the County. That being said, staff does not believe that the conversion of a lodge unit to a dwelling unit increases the demand for employees. The Housing Authority Staff also did not feel that the proposed request would increase employee generation. Thus, staff feels that this criteria is irrelevant given that there should be no employee generation as a result of the request. That being the case, staff has recommended that the commission not penalize the application for not providing employee housing because generation of employees as a result of the conversion is not anticipated. Ctnff Ceare- Three (3) Points 5 2. Providing transportation alternatives. Reducing dependency on the automobile is vital for the long-term livability and health of the Aspen area. The Aspen Area Community Plan envisions a time in the not -too -distant future when the automobile is not the dominant means of moving people in and around the community. The Aspen Area Community Plan seeks a balanced, integrated transportation system for residents, visitors and commuters that reduces traffic congestion and air pollution. These are a variety of ways in which a project might address the goal of providing transportation alternatives, including, but not limited to thefollowing: a. Reducing the need for private vehicles as a form of transportation; b. . Facilitating and encouraging year-round pedestrian transportation; c. Helping to implement a valley -wide mass transit system; d. Providing needed improvements to the existing RFTA system; e. Increasing the number of available transportation choices; f. Creating a less congested downtown core; g. Helping to implement the transportation planning policies of the AACP and the Aspen to Snowmass transportation plan; h. Altering land use patterns to accommodate and contribute to a more efficient and effective transit system; i. Creating, improving or expanding public commuter trails, walkways or bikeway facilities that are consistent with the goals of 'the AACP and associated plans, such as the pedestrian/bikeway plan; j. Locating developments near transit facilities; k. Providing on -going transportation to and from the airport, ski areas and shopping areas; 1. Providing on -going employee transportation services such as van pools or buses at no cost to employees; m. Providing bicycle parking, showers and lockers for employees; and n. Providing secure bicycle storage for guests and employees. M Staff Finding Once again, staff does not feel as if the application to convert the eight (8) lodging units into four (4) residential units will have a negative impact on the transportation demand for the area in that the units are and have been essentially operating as residential units for more than a decade. As the Applicants noted in the application, the development of the Maroon Creek Club included transportation infrastructure improvements such as bike paths, bus stops, and a public parking lot at the base of Tiehack. In that staff does not believe that there will be an impact on transportation demand as a result of the conversion, staff feels that the application should not be penalized for not providing significant additional transportation alternatives other than those provided in association with the original PUD approvals. However, it should be noted that the Applicants have proposed to provide several bicycles for use by the millennium members and guests of the millennium members to help discourage automobile use. Also, the Applicants have proposed to initiate a taxi voucher system in connection with the Maroon Creek Club to provide an additional transportation alternative for guests of the millennium members (see letter in Exhibit "A"). Staff recommends granting a score of three (3) points for this section of criteria. Staff Scoring Three (3) Points 3. Promoting environmentally sustainable development. The natural environment is one of the community's greatest assets. As a result, only that development that is environmentally sensitive and that promotes individually responsible, ecological lifestyles .shall be allowed. This subsection seeks to foster a high level of consciousness relative to resource conservation, wildlife protection and environmental sustainability. These are a variety of ways in which a project might address the goal of promoting environmentally sustainable development, including, but not limited to the following: a. Orienting building sites, streets and other project features in order to maximize potential for use of solar energy and other renewable energy resources; b. Protecting and preserving existing trees and other mature vegetation during and after the construction process; C. Using fewer or cleaner wood -burning devices than allowed by law; d Removing or replacing existing, dirty wood -burning devices; e. Increasing community access to natural and open space areas; f. Promoting community recycling efforts; g. Landscaping with low -water -use plant materials and using chemical free landscape maintenance techniques; 7 h. Employing measures that reduce PMIO levels in the non -attainment area; i. Preserving and efficiently using environmental resources during all phases of development, including types of materials used and future energy and material needs of the project; j. Completely avoiding ridgeline development and natural hazard areas as defined in Section 24.65.1.103, C.R.S.; k. Enhancing existing wildlife habitat; and 1. Complying with the letter and spirit of Chapter 26.435, Environmentally Sensitive Areas, as applicable. Staff Finding Staff does not believe that the request to convert the eight (8) lodge units into four (4) residential units will have a negative impact on the extent to which the existing Maroon Creek Club Development is environmentally sustainable. Thus, given the irrelevance of this criteria to the application, staff recommends that the commission grant a score of three (3) points on this section and not penalize the application because the review standards are not relevant to the impacts created by the request. However, once again it should be noted that the Applicants have proposed to provide several bicycles for use by the millennium members and their guests to aid in reducing PM-10 production to an extent. Additionally, the Applicants have proposed to initiate a taxi voucher system at the Maroon Creek Club to help discourage personal automobile usage as was discussed earlier in the memo. Staff Scoring Three (3) Points 4. Maintaining design quality, historic compatibility and community character. Design within the larger historic setting of the community is important as it is a vital component of the community's economic well-being and cultural heritage. Public architecture should support and enhance community life. The goal of ' thi s subsection is to ensure the maintenance of community character through design quality and compatibility with historic features. There are a variety of ways in which a project might address the goal of maintaining design quality, historic compatibility and community character, including, but not limited to the following: a. Restoring properties listed on the Aspen Inventory of Historic Landmark Sites and Structures; b. Improving and maintaining the appearance and function of alleys.for commercial, office and residential uses; c. Ensuring design compatibility with existing buildings in the vicinity of the proposed project, in terms of scale, massing, building materials, fenestration, other architectural features, and open space; d. Including porches or other 'pedestrian friendly"features; e. Retaining and promoting eclectic and diverse businesses along Main Street that maintain and enhance the special character of the historic district; f Ensuring the site's usability for social activities. Staff Finding As is the case with the other sets of criteria, staff does not believe that the proposed conversion will have a negative impact on the design quality of the existing development due to the fact that the Applicants are not proposing any exterior changes to the existing structure or the site. That being the case, staff feels that this criteria is irrelevant to the application. And therefore, staff has recommended that the Commission give the application the minimum passing score of three (3) points for this set of criteria. Staff Scoring Three (3) Points STAFF TOTAL AVERAGE Twelve (12) Total Points divided by Four (4) Categories equals a Three (3) Point Average RECOMMENDATION: In scoring the request as a staff, the Community Development Staff believes that the project scores the minimum cumulative three (3) point average in each set of criteria that is required to grant the requested four (4) residential allotments. GROWTH MANAGEMENT COMMISSION RECOMMENDED MOTION: "I move to approve Aspen/Pitkin County Growth Management Commission Resolution No. 1, Series of 2004, granting a cumulative average score of at least three (3) points in each set of criteria to the Maroon Creek Club application to allow for the addition of kitchens in four (4) lodge units, thereby converting the units to multi -family dwelling units." ATTACHMENTS: Exhibit A -- Development Application (Please bring development application that you received on 1/20) Exhibit B -- Referral Comments 9 Resolution No. l Series of 2004 A RESOLUTION OF THE CITY OF ASPEN/PITKIN COUNTY GROWTH MANAGEMENT COMMISSION SCORING A REQUEST TO CONVERT THE EIGHT (8) LODGE UNITS IN THE MAROON CREEK CLUB INTO FOUR (4) RESIDENTIAL UNITS, LOT 51, MAROON CREEK CLUB SUBDIVISION/PUD, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID No. 2735-023-09-051 WHEREAS, the Community Development Department received an application from the Maroon Creek Club Millennium Members, represented by Blue Green, LLC, requesting approval of Growth Management Scoring for four (4) residential growth management allotments to convert the existing eight (8) lodge units within the Maroon Creek Club into four (4) free-market residential units, Lot 51, Maroon Creek Club Subdivision/PUD, City and Townsite of Aspen; and, WHEREAS, pursuant to Sections 26.304 and 26.470.080 of the City of Aspen Land Use Code, land use applications requesting growth management allotments are reviewed and scored by the Aspen/Pitkin County Growth Management Commission at a duly noticed public hearing after considering recommendations by the Community Development Director, and members of the general public. The scoring is then forwarded to the Pitkin County Board of County Commissioners and the Aspen City Council and development allotments may then be allocated by Ordinance by the Aspen City Council at a duly noticed public hearing after considering recommendations by the Community Development Director, and members of the general public; and, WHEREAS, during a duly noticed public hearing on January 20, 2004, the Aspen/Pitkin County Growth Management Commission opened and continued the hearing until February 17, 2004; and, WHEREAS, during a duly noticed public hearing on February 17, 2004, the Aspen/Pitkin County Growth Management Commission considered the recommendation of the Community Development Director, the recommendation of the Aspen/Pitkin County Housing Authority Board, and testimony offered by the general public, considered the project for initial and final scoring (score summary attached), found the proposal meeting or exceeding the necessary scoring, and recommended, by a to vote, that City Council allocate four (4) residential allotments for the conversion of the lodge units in the Maroon Creek Club into four (4) free-market residential units. NOW, THEREFORE BE IT RESOLVED by the Aspen/Pitkin County Growth Management Commission that the City Council should allocate four (4) residential allotments to convert the existing lodge units in the Maroon Creek Club into four (4) residential units, subject to the following conditions of approval: 1. The Applicants shall purchase two (2) bicycles to be kept at the Maroon Creek Club for use by the Millennium Members and their guests prior to applying for building permits to add kitchens to any of the units. 2. The Applicants shall establish the proposed taxi voucher system for use by the Millennium Members and their guests prior to applying for building permits to add kitchens to any of the units. APPROVED by the Aspen/Pitkin County Growth Management Commission at its regular meeting on February 17, 2004. APPROVED AS TO FORM: ASPEN/PITKIN COUNTY GROWTH MANAGEMENT COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk Att: Scoring summary Jasmine Tygre, Chair Ex 1111�,- "/ MEMORANDUM TO: James Lindt, Community Development FROM: Cindy Christensen, Operations Manager, Housing DATE: November 25, 2003 RE: MAROON CREEK CLUB SPA AND PUD AMENDMENT Parcel ID No. ISSUES: The applicants are requesting approval to change eight lodge rooms into four residential units by combining certain units and adding a cooking appliance to the four proposed units. BACKGROUND: The property is located within the Maroon Creek Club. The applicants have been given permission by the Maroon Creek Club to combine eight lodge rooms into four residential units. The Maroon Creek Development Corporation constructed 39 units of employee housing on -site satisfying its initial housing mitigation requirements. The General manager states that they are not making any changes to their staffing levels, job responsibility or operations because of the proposed use. No new employees will be hired or created with the proposed changed. To calculate any additional mitigation could be done one of two ways -- by number of units or by square feet. The application is correct that either 3.6 employees or 2.3 employees could be generated. However, with what is being proposed, it seems highly unlikely that any additional employees would be generated. If City Council is concerned with this request, an audit could be required one year after Certificate of Occupancy for all the remodeled units. RECOMMENDATION: After reviewing the application Staff would agree with the applicant that no new employees would be generated by this conversion; therefore, no additional employee mitigation would be required. tbracewell@a.spensan.com, 08:53 AM 11/10/2003 , MMC PUD kitchens Page 1 of 1 From: tbracewell@aspensan.com Reply -To: <tbracewell@aspensan.com> To: "John Niewhoehner" <johnn@ci.aspen.co.us> Cc: "Peg Mohr" <pmohr@aspensan.com>, "James Lindt" <jamesl@ci.aspen.co.us> Subject: MMC PUD kitchens Date: Mon, 10 Nov 2003 08:53:00 -0700 Organization: ACSD X-Mailer: Microsoft Outlook Express 6.00.2800.1158 X-AntiAbuse: This header was added to track abuse, please include it with any abuse report X-AntiAbuse: Primary Hostname - spider.mywwwserver.com X-AntiAbuse: Original Domain - ci.aspen.co.us X-AntiAbuse: Originator/Caller UID/GID - [47 12] / [47 12] X-AntiAbuse: Sender Address Domain - aspensan.com X-MailScanner-Information: Please contact the ISP for more information X-MailScanner: Found to be clean James and John, My only comment would be that the applicant needs to get detailed plans to Peg in our office for an estimate of tap fees and that the fees need to be paid to ACSD before issuance of a building permit. Thanks `e, 1 Printed for James Lindt <jamesl@ci.aspen.co.us> 01/09/2004 MCC Scoring Commissioner 1 Jasmine Tygre, Chair 1 Jack Johnson 1 Ruth Krueger 1 Steve Skadron 1 John Rowland 1 Dylan Johns 1 Joseph Krabacher 1 Steve Whipple 1 Peter Thomas 9 Initial Scoring Final Scoring A B C D A B C D 1 2 1 1 1 2 1 1 0 1 1 3 0 1 1 3 3 3 3 3 3 4 3 3 0 2 3 3 0 2 3 3 3 3 3 3 4 4 3 3 3 3 3 3 3 4 3 3 4 5 4 4 5 5 5 4 3 3 3 3 5 4 3 5 3 4 3 3 3 4 3 3 Average Score 2.22 2.89 2.67 2.89 Threshold 3.0 3.0 3.0 3.0 Pass/Fail Fail Fail Fail Fail Scoring Categories A.- Revitalizing Permanent Community 5 points available. B - Providing Transportation Alternatives. 5 points available. C - Promoting Environmentally Sustainable Development. 5 points available D - Maintaining Design Quality. 5 points available. Minimum Scoring Thresholds A - Average of three (3) points B - Average of three (3) points C - Average of three (3) points D - Average of three (3) points 2.67 3.33 2.78 3.11 3.0 3.0 3.0 3.0 Fail Pass Fail Pass Residential Scoring Sheets Maroon Creek Club Commission Member: Scoring. A development application for a residential allotment shall be required to meet all of the following thresholds to be eligible for an allocation o Obtain an average score of three (3) points from the Commission in each of the criteria set forth on the following page. Whole number scores (no fractions) between zero (0) and five (5) shall be given by the Commission members. Residential GMQS Scoring Sheet Maroon Creek Club Score:0 Project will contribute nothing to implementation of the articulated vision and may move community further away from its stated goals. 3 Project will move the community closer toward attainment of its stated visions and make a positive contribution toward the implementation of articulated goals. 5 Project demonstrates exceptional sensitivity to the stated visions of the community and will result in significant movement toward implementation of those goals. Criteria Staff Initial Final GMC Scoring GMC Scoring Scoring 1. Revitalizing the permanent 3 community. 2. Providing transportation 3 alternatives. 3. Promoting environmentally 3 sustainable development. 4. Maintaining design quality, historic compatibility and 3 community character. Residential Scoring Sheets Maroon Creek Club Commission Member: g& 44 Scoring. A development application for a residential allotment shall be required to meet all of the following thresholds to be eligible for an allocation o Obtain an average score of three (3) points from the Commission in each of the criteria set forth on the following page. Whole number scores (no fractions) between zero (0) and five (5) shall be given by the Commission members. r Residential GMQS Scoring Sheet Maroon Creek Club Score:0 Project will contribute nothing to implementation of the articulated vision and may move community further away from its stated goals. 3 Project will move the community closer toward attainment of its stated visions and make a positive contribution toward the implementation of articulated goals. 5 Project demonstrates exceptional sensitivity to the stated visions of the community and will result in significant movement toward implementation of those goals. Criteria Staff Initial Final GMC Scoring GMC Scoring Scoring 1. Revitalizing the permanent community. 2. Providing transportation 3 alternatives. 3. Promoting environmentally 3 sustainable development. 4. Maintaining design quality, historic compatibility and 3 community character. Residential Scoring Sheets Maroon Creek Club ::: ?4 a� Commission Member: Scoring. A development application for a residential allotment shall be required to meet all of the following thresholds to be eligible for an allocation o Obtain an average score of three (3) points from the Commission in each of the criteria set forth on the following page. Whole number scores (no fractions) between zero (0) and five (5) shall be given by the Commission members. Residential GMQS Scoring Sheet Maroon Creek Club Score:0 Project will contribute nothing to implementation of the articulated vision and may move community further away from its stated goals. 3 Project will move the community closer toward attainment of its stated visions and make a positive contribution toward the implementation of articulated goals. 5 Project demonstrates exceptional sensitivity to the -stated visions of the community and will result in significant movement toward implementation of those goals. Criteria Staff Initial Final GMC Scoring GMC Scoring Scoring 1. Revitalizing the permanent 3 communit . 3 2. Providing transportation 3 alternatives. f 3. Promoting environmentally sustainable 3 3 development. 4. Maintaining design quality, historic 3 compatibility and community character. M Residential Scoring Sheets Maroon Creek Club Commission Member: Scoring. A development application for a residential allotment shall be required to meet all of the following thresholds to be eligible for an allocation o Obtain an average score of three (3) points from the Commission in each of the criteria set forth on the following page. Whole number scores (no fractions) between zero (0) and five (5) shall be given by the Commission members. Residential GMQS Scoring Sheet Maroon Creek Club Score:0 Project will contribute nothing to implementation of the articulated vision and may move community further away from its stated goals. 3 Project will move the community closer toward attainment of its stated visions and make a positive contribution toward the implementation of articulated goals. 5 Project demonstrates exceptional sensitivity to the stated visions of the community and will result in significant movement toward implementation of those goals. Criteria Staff Initial Final GMC Scoring GMC Scoring Scoring 1. Revitalizing the permanent community. 2. Providing transportation alternatives. 3. Promoting environmentally sustainable 3 development. 4. Maintaining design quality, historic compatibility and 3 community character. Residential Scoring Sheets Maroon Creek Club ,� Commission Member: -, o Scoring. A development application for a residential allotment shall be required to meet all of the following thresholds to be eligible for an allocation o Obtain an average score of three (3) points from the Commission in each of the criteria set forth on the following page. Whole number scores (no fractions) between zero (0) and five'(5) shall be given by the Commission members. Residential GMQS Scoring Sheet Maroon Creek Club Score:0 Project will contribute nothing to implementation of the articulated vision and may move community further away from its stated goals. 3 Project will move the community closer toward attainment of its stated visions and make a positive contribution toward the implementation of articulated goals. -----5 - - - -Project - demonstrates exceptional --sensitivity —to--the stated visions of the community and will result in significant movement toward implementation of those goals. Criteria Staff Initial Final GMC Scoring GMC Scoring Scoring 1. Revitalizing the permanent 3 3 community. 2. Providing transportation 3 3 alternatives. 3. Promoting environmentally 3 2 3 sustainable / development. 4. Maintaining design quality, historic 3 3 2, compatibility and / community character. Residential Scoring Sheets Maroon Creek Club Commission Member: Scoring. A development application for a residential allotment shall be required to meet all of the following thresholds to be eligible for an allocation o Obtain an average score of three (3) points from the Commission in each of the criteria set forth on the following page. Whole number scores (no fractions) between zero (0) and five (5) shall be given by the Commission members. Residential GMQS Scoring Sheet Maroon Creek Club Score:0 Project will contribute nothing to implementation of the articulated vision and may move community further away from its stated goals. 3 Project will move the community closer toward attainment of its stated visions and make a positive contribution toward the implementation of articulated goals. 5 Project demonstrates exceptional sensitivity to the stated visions of the community and will result in significant movement toward implementation of those goals. Criteria Staff Initial Final GMC Scoring GMC Scoring Scoring 1. Revitalizing the permanent 3 community. 2. Providing transportation alternatives. 3 3. Promoting environmentally sustainable development. 4. Maintaining design quality, historic 3 --z compatibility and community character. Residential Scoring Sheets Maroon Creek Club Commission Member:-5 , Scoring A development application for a residential allotment shall be required to meet all of the following thresholds to be eligible for an allocation o Obtain an average score of three (3) points from the Commission in each of the criteria set forth on the following page. Whole number scores (no fractions) between zero (0) and five (5) shall be given by the Commission members. Residential GMQS Scoring Sheet Maroon Creek Club Score:0 Project will contribute nothing to implementation of the articulated vision and may move community further away from its stated goals. 3 Project will move the community closer toward attainment of its stated visions and make a positive contribution toward the implementation of articulated goals. 5 Project demonstrates exceptional sensitivity to the stated visions of the community and will result in significant movement toward implementation of those goals. Criteria Staff Initial Final GMC Scoringa GMC Scoring Scoring 1. Revitalizing the permanent 3- community. 2. Providing transportation 3 Z alternatives. 3. Promoting environmentally 3 sustainable development. 4. Maintaining design quality, historic 3 compatibility and community character. Residential Scoring Sheets Maroon Creek Club Commission Member.kh&,,n) v�r, Scoring. A development application for a residential allotment shall be required to meet all of the following thresholds to be eligible for an allocation o Obtain an average score of three (3) points from the Commission in each of the criteria set forth on the following page. Whole number scores (no fractions) between zero (0) and five (5) shall be given by the Commission members. Residential GMQS Scoring Sheet Maroon Creek Club Score:0 Project will contribute nothing to implementation of the articulated vision and may move community further away from its stated goals. 3 Project will move the community closer toward attainment of its stated visions and make a positive contribution toward the implementation of articulated goals. 5 Project demonstrates exceptional sensitivity to the stated visions of the community and will result in significant movement toward implementation of those goals. Criteria Staff Initial Final GMC Scoring GMC Scoring Scoring 1. Revitalizing the permanent community. 2. Providing transportation alternatives. 3, 3. Promoting environmentally 3 o sustainable development. 4. Maintaining design quality, historic compatibility and community character. Residential Scoring Sheets Maroon Creek Club ] `� o�NS I Commission Member: o� Scoring. A development application for a residential allotment shall be required to meet all of the following thresholds to be eligible for an allocation o Obtain an average score of three (3) points from the Commission in each of the criteria set forth on the following page. Whole number scores (no fractions) between zero (0) and five (5) shall be given by the Commission members. Residential GMQS Scoring Sheet Maroon Creek Club Score:0 Project will contribute nothing to implementation of the articulated vision and may move community further away from its stated goals. 3 Project will move the community closer toward attainment of its stated visions and make a positive contribution toward the implementation of articulated goals. 5 Project demonstrates exceptional sensitivity to the stated visions of the community and will result in significant movement toward implementation of those goals. Criteria Staff Initial Final GMC Scoring GMC Scoring Scoria a 1. Revitalizing the permanent community. 2. Providing transportation alternatives. 3. Promoting environmentally sustainable l development. 4. Maintaining design quality, historic compatibility and 3 community character. ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: , Aspen, CO SCHEDULED PUBLIC HEARING DATE: C_ 200 STATE OF COLORADO ) ss. County of Pitkin ) I, \�C, (name, pleaseprint) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land. Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtaine from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) incl0es wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information describ�d in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (1 �) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-govermnental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Piticin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. nature The foregoing "Affidavit of Notice" was acknowledged before me this % G day of '5->, , 200`1, by z5%- - � L,=A+ — PUBLIC NOTICE RE: MAROON CREEK CLUB PUD/ SPA AMENDMENT APPLICA7 ON NOTICE IS.HEREBIP GIVEN that a public hearing will be held on Tv' sday, February 3, 2004 at a meeting to begin a :30 p.m. before the,As- pen Planning and Zoni g Commission. Sister Cit- ies Room. City Hall, 130 S. Galena St, Aspen, to consider an application submitted by the Maroon Creek Club Millennium Members with the con. sent of the Maroon Creek Club requesting appro- val of a PUD/SPA amendment application to add kitchens to four (4) lodge units within the Ma. roon Creek Club, thereby converting them to resi. deotial units by definition of the city land use code. The property subject to the request is le= gaily described as Lot 51, of the Maroon Creek Club Subdivision/PUD. For further information, contact James Lindt at the City of As Co rnunity Development' De- partment. 1311 S. Galt. Aspen, CO (970) 920. 5095, jamesl®ci.aspes. s/Jasmine Tygre, Chair Aspen Planand Zoning Commission Published in The Aspen Times on January 17, 2004.(1122) WITNESS MY HAND AND OFFICIAL SEAL My commission expires: S_ C" Notary Public ATTACHMENTS: t OPY OF THE PUBLICATION PH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL MEMORANDUM TO: Joint Aspen/Pitkin County Growth Management Commission JokA THRU: Joyce Allgaier, Deputy Director r FROM: James Lindt, Planner RE: Maroon Creek Club Lodge Conversion Growth Management Scoring— Public Hearing DATE: January 20, 2004 SUMMARY: The Applicants have requested to add kitchens to all of the lodge units that are located within the Maroon Creek Club, thereby making them multi -family residential units. APPLICANTS: Maroon Creek Club Millennium Members (with consent to apply from the Maroon Creek Club) REPRESENTATIVE: Sheri Sanzone, Blue Green, LLC LOCATION: Lot 51, Maroon Creek Club Subdivision, Maroon Creek Club ZONING: Park with a PUD and Specially Planned Area (SPA) Overlay LOT SIZE: Approximately 46,000 S.F. BACKGROUND: The Maroon Creek Club Millennium Members, ("Applicants"), represented by Blue Green, LLC, is requesting Growth Management Scoring approval in conjunction with a PUD amendment to add a kitchen to each of the four (4) lodge units located in the Maroon Creek Club, thereby converting them to multi -family residential dwelling units by definition of the City of Aspen Land Use Code. The lodge rooms in question were originally approved as twelve (12) lodge rooms that were constructed with replacement credits for the lodge units that used to exist in the Aspen Country Inn, pursuant to Board of County Commissioner's Resolution No. 91-111. Subsequently, an insubstantial PUD amendment was approved by the City of Aspen Community Development Director in 1998 to allow for the twelve (12) lodge units to be combined into eight (8) lodge units by making a finding that the total size and number of lodge bedrooms within the structure would not change. The Applicants further have gained approval of building permits to combine the remaining units into a total of four (4) lodge units. The lodge units that were constructed within the Maroon Creek Club do not contain kitchens (staff identifies a space as a kitchen if it has built-in cooking devices). In addition, the City of Aspen Land Use Code does not allow lodge rooms to have kitchens if they are not located within the Lodge Preservation (LP) Overlay Zone District. This property is not located in such district. Furthermore, the Maroon Creek Club SPA does not currently allow for the lodge units to have kitchens because the SPA that was approved in conjunction with the annexation of the Maroon Creek Club, simply approved the uses that were in existence at the time of annexation. Therefore, because the units did not have kitchens at the time of annexation, the units are not currently allowed to contain kitchens under the SPA. Thus, the Applicants have requested a PUD/SPA amendment and GMQS scoring approval to allow for each of the lodge rooms to include a kitchen and thereby become multi -family dwelling units. REVIEW PROCEDURE: Growth Management Scoring Review (Growth Management Commission): This application for scoring requires the Growth Management Commission to score the proposed application on a scale between zero (0) and five (5) points, with five (5) points being the highest possible score. If the proposal receives an average score of three (3) points or more in each of the four (4) criteria sections, the score is then forwarded to City Council and the Board of County Commissioners separately for their acceptance. Conversely, if the Growth Management Commission does not give the project a cumulative average score of three (3) points or more in each of the criteria sections, the application fails and the Applicants have the option of appealing the Growth Management Commission's scoring to City Council. In scoring the proposal, the Growth Management Commission shall do an initial scoring and then a final scoring. Between the initial scoring and the final scoring, the Commission shall be free to discuss the scores given and provide justification for said scoring. Therefore, according to City of Aspen Land Use Code Section 26.470.080(C)(4), the proceedings for the Growth Management Commission Scoring shall be as follows: The Community Development Staff shall present a summary and scoring recommendation of the application based on the residential allotment scoring criteria. 2. The Applicant or Applicant's representative shall then present comments regarding the application's consistency with the scoring criteria. 3. The Commission shall then take public comments. 4. The Commission may then ask questions of Staff, the Applicant, and the Public. 5. The Commission shall then complete an initial scoring in which each Commissioner shall assign a whole number (not a fraction) score to the application. 2 6. The Commission shall then discuss the individual scores provided. 7. And finally, the Commission shall do a final scoring round in which each Commissioner will privately and without discussion score the proposal once again. The average of the final score will be the Growth Management Commission's scoring of the application. PUD/SPA Amendment (City Planning and Zoning Commission): The PUD/SPA amendment request shall be reviewed by City Council after obtaining a recommendation from the City Planning and Zoning Commission. Review of the PUD/SPA amendment by the City Planning and Zoning Commission shall take place at the next regular Planning and Zoning Commission meeting. GROWTH MANAGEMENT SCORES: As was mentioned above, the scores given by the individual Commissioners shall be between zero (0) and five (5) and shall be whole numbers. The scores shall be given based on the following guidelines: Score: Guideline: Zero Indicates that a project had the opportunity to comply with the scoring criteria and had the ability to advance stated community goals, but will actually contribute nothing to implementation of the articulated vision and may, in fact, move the community further away from its stated goals. Three Indicates that a project will move the community closer towards attainment of its stated visions and makes a positive contribution toward implementation of articulated goals. Five Indicates that a project demonstrates exceptional sensitivity to the stated visions of the community and will result in a significant movement toward implementation of those goals. 3 Please note that Land Use Code Section 26.470.090(C) states that some statements in the criteria will have no relevance to certain types of projects and that when the criteria is not relevant to the application, the application shall not be penalized by low scores. STAFF COMMENTS: In reviewing the application, staff would generally not support the conversion of lodge units into residential units due to the recent loss in lodging bedrooms within the City. However, staff believes that the lodge units within the Maroon Creek Club are not typical lodge rooms. The existing lodge rooms in the Maroon Creek Club are not required to be rented out on a short-term basis because they were approved in the County and the County's approvals did not require that lodge rooms be available for rental on a short-term basis to the general public as the City's land use code does. The City Attorney's Office has made the interpretation that the City's land use code operational requirements for lodges do not apply in this situation to the operations of these lodge units because the PUD is based on the County's approvals and there were not provisions made to apply the City's land use code requirements to the development at the time of annexation. It is staffs opinion that the addition of kitchens will not really change the usage of the units because they already are not available on a short-term basis to the general public as a lodge unit is required to be within the City. Staff also agrees with the Applicants' contention that there will not be any employees generated by the addition of kitchens and the conversion of the units to multi -family dwelling units. Moreover, the Housing Authority Staff reviewed the request and felt that no employees would be generated by this proposal because the maintenance operations of the units would not change from their existing levels as the Applicants have argued. Similarly, staff believes that the proposal should not necessitate additional parking spaces because the number of total bedrooms within the Maroon Creek Club is not being altered as part of this proposal. In total, staff believes that the community impacts created by this application will be minimal. The scoring section of the land use code identifies that projects should not be penalized with low scores because the scoring criteria is irrelevant to the application. Staff does not feel that the scoring criteria are particularly relevant given the minor nature of the request. Therefore, in scoring the application request, staff has scored the application in a manner in which the proposal meets the minimum required score of three (3) points in each criterion category to grant the four (4) residential growth management allotments that have been requested. STAFF's RECOMMENDED SCORING: Criteria. The four (4).following community character -based scoring criteria are intended to encourage imaginative, innovative and flexible approaches to advancing the visions of Aspen area residents. Each criterion is presented in the form of general background and vision statements. Examples of methods that might be used to implement the vision follow the background and vision statements. It is recognized that some statements will have no relevance to certain types of projects; projects will not be penalized by low scores when that is the case. Moreover, the list ofpossible implementation methods does not exhaust the range of possible actions for which points will be awarded. C! 1. Revitalizing the permanent community. Residents of the Aspen area have long recognized the need to preserve the community's character and identity as more than just a resort, a collection of second homes and a tourist shopping mecca. They recognize that a "critical mass" of permanent residents and local -serving businesses is necessary to make any community function. They recognize, too, that the vitality brought to the Aspen area by.full-time residents is being seriously diluted by the inability of working people to live in their own community. As a result of these concerns, one of the community's central goals is to create a community with a size, density and diversity that encourages interaction, involvement and vitality and one that provides opportunities for its workers to become a permanent part of the social fabric. These are a variety of ways in which a project might address the goal of revitalizing the permanent community, including, but not limited to the.following: a. Providing high -quality, on -site, affordable housing for permanent residents consistent with the Housing Authority Guidelines; b. Providing site -appropriate mixing offree market and affordable housing for efficient provision of services such as transit, and for discouraging site planning that segregates affordable and free market units; C. Creating affordable dwelling units through buy -downs or conversion of existing free market units; and d Providing 'locally -serving commercial space/businesses. " Staff Finding: The lodge units subject to this application were already accounted for in terms of employee generation because these lodge units were constructed through lodge credits when the Maroon Creek Club Subdivision was originally approved in the County. That being said, staff does not believe that the conversion of a lodge unit to a dwelling unit increases the demand for employees. The Housing Authority Staff also did not feel that the proposed request would increase employee generation. Thus, staff feels that this criteria is irrelevant given that there should be no employee generation as a result of the request. That being the case, staff has recommended that the commission not penalize the application for not providing employee housing because generation of employees as a result of the conversion is not anticipated. Ctnff Ccnrp- Three (3) Points 2. Providing transportation alternatives. Reducing dependency on the automobile is vital ,for the long-term livability and health of the Aspen area. The Aspen Area Community Plan envisions a time in the not -too -distant future when the automobile 5 is not the dominant means of moving people in and around the community. The Aspen Area Community Plan seeks a balanced, integrated transportation system for residents, visitors and commuters that reduces traffic congestion and air pollution. These are a variety of ways in which a project might address the goal of providing transportation alternatives, including, but not limited to thefollowing: a. Reducing the need for private vehicles as a form of transportation; b. Facilitating and encouraging year-round pedestrian transportation; C. Helping to implement a valley -wide mass transit system; d. Providing needed improvements to the existing RFTA system; e. Increasing the number of available transportation choices; f. Creating a less congested downtown core; g. Helping to implement the transportation planning policies of the AACP and the Aspen to Snowmass transportation plan; h. Altering land use patterns to accommodate and contribute to a more efficient and effective transit system; Creating, improving or expanding public commuter trails, walkways or bikeway.facilities that are consistent with the goals of the AACP and associated plans, such as the pedestrian/bikeway plan; J. Locating developments near transit.facilities; k. Providing on -going transportation to and from the airport, ski areas and shopping areas; 1. Providing on -going employee transportation services such as van pools or buses at no cost to employees; m. Providing bicycle parking showers and lockers for employees; and n. Providing secure bicycle storage for guests and employees. Staff Finding Once again, staff does not feel as if the application to convert the eight (8) lodging units into four (4) residential units will have a negative impact on the transportation demand for the area in that the units are and have been essentially operating as residential units for more than a decade. As the Applicants noted in the application, the development of the Maroon Creek 0 Club included transportation infrastructure improvements such as bike paths, bus stops, and a public parking lot at the base of Tiehack. In that staff does not believe that there will be an impact on transportation demand as a result of the conversion, staff feels that the application should not be penalized for not providing significant additional transportation alternatives other than those provided in association with the original PUD approvals. However, it should be noted that the Applicants have proposed to provide several bicycles for use by the millennium members and guests of the Maroon Creek Club to help discourage automobile use. Also, the Applicants have proposed to initiate a taxi voucher system in connection with the Maroon Creek Club to provide an additional transportation alternative for guests of the Maroon Creek Club (see letter in Exhibit "A"). Staff recommends granting a score of three (3) points for this section of criteria. Staff Scoring Three (3) Points 3. Promoting environmentally sustainable development. The natural environment is one of the community's greatest assets. As a result, only that development that is environmentally sensitive and that promotes individually responsible, ecological lifestyles shall be allowed. This subsection seeks to foster a high level of consciousness relative to resource conservation, wildlife protection and environmental sustainability. These are a variety of ways in which a project might address the goal of promoting environmentally sustainable development, including, but not limited to the following: a. Orienting building sites, streets and other project features in order to maximize potential.for use of solar energy and other renewable energy resources; b. Protecting and preserving existing trees and other mature vegetation during and after the construction process; C. Using fewer or cleaner wood -burning devices than allowed by law; d. Removing or replacing existing, dirty wood -burning devices; e. Increasing community access to natural and open space areas; f. Promoting community recycling efforts; g. Landscaping with low -water -use plant materials and using chemical free landscape maintenance techniques; h. Employing measures that reduce PM10 levels in the non -attainment area; 7 i. Preserving and efficiently using environmental resources during all phases raj development, including types of materials used and future energy and material needs of the project; j. Completely avoiding ridgeline development and natural hazard areas as defined in Section 24.65.1.103, C.R.S.; k. Enhancing existing wildlife habitat; and 1. Complying with the letter and spirit of Chapter 26.435, Environmentally Sensitive Areas, as applicable. Staff Finding Staff does not believe that the request to convert the eight (8) lodge units into four (4) residential units will have a negative impact on the extent to which the existing Maroon Creek Club Development is environmentally sustainable. Thus, given the irrelevance of this criteria to the application, staff recommends that the commission grant a score of three (3) points on this section and not penalize the application because the review standards are not relevant to the impacts created by the request. However, once again it should be noted that the Applicants have proposed to provide several bicycles for use by the millennium members and guests to aid in reducing PM-10 production to an extent. Additionally, the Applicants have proposed to initiate a taxi voucher system at the Maroon Creek Club to help discourage personal automobile usage as was discussed earlier in the memo. Staff Scoring Three (3) Points 4. Maintaining design quality, historic compatibility and community character. Design within the larger historic setting of the community is important as it is a vital component of the community's economic well-being and cultural heritage. Public architecture should support and enhance community life. The goal of this .subsection is to ensure the maintenance of community character through design quality and compatibility with historic_features. There are a variety of ways in which a project might address the goal of maintaining design quality, historic compatibility and community character, including, but not limited to the following: a. Restoring properties listed on the Aspen Inventory of Historic Landmark Sites and Structures; b. Improving and maintaining the appearance and function of alleys for commercial, office and residential uses; c. Ensuring design compatibility with existing buildings in the vicinity of the proposed project, in terms of scale, massing, building materials, fenestration, other architectural features, and open space; 8 d. Including porches or other 'pedestrian friendly"features; e. Retaining and promoting eclectic and diverse businesses along Main Street that maintain and enhance the special character of the historic district; ./.* Ensuring the site's usability for social activities. Staff Finding As is the case with the other sets of criteria, staff does not believe that the proposed conversion will have a negative impact on the design quality of the existing development due to the fact that the Applicants are not proposing any exterior changes to the existing structure or the site. That being the case, staff feels that this criteria is irrelevant to the application. And therefore, staff has recommended that the Commission give the application the minimum passing score of three (3) points for this set of criteria. Staff Scoring Three (3) Points STAFF TOTAL AVERAGE Twelve (12) Total Points divided by Four (4) Categories equals a Three (3) Point Average RECOMMENDATION: In scoring the request as a staff, the Community Development Staff believes that the project scores the minimum cumulative three (3) point average in each set of criteria that is required to grant the requested four (4) residential allotments. GROWTH MANAGEMENT COMMISSION RECOMMENDED MOTION: "I move to approve Aspen/Pitkin County Growth Management Commission Resolution No._%, Series of 2004, granting a cumulative average score of at least three (3) points in each set of criteria to the Maroon Creek Club application to allow for the addition of kitchens in four (4) lodge units, thereby converting the units to multi -family dwelling units." ATTACHMENTS: Exhibit A -- Development Application Exhibit B -- Referral Comments Q Resolution No. joi Series of 2004 A RESOLUTION OF THE CITY OF ASPEN/PITKIN COUNTY GROWTH MANAGEMENT COMMISSION SCORING A REQUEST TO CONVERT THE EIGHT (8) LODGE UNITS IN THE MAROON CREEK CLUB INTO FOUR (4) RESIDENTIAL UNITS, LOT 51, MAROON CREEK CLUB SUBDIVISION/PUD, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID No. 2735-023-09-051 WHEREAS, the Community Development Department received an application from the Maroon Creek Club Millennium Members, represented by Blue Green, LLC, requesting approval of Growth Management Scoring for four (4) residential growth management allotments to convert the existing eight (8) lodge units within the Maroon Creek Club into four (4) free-market residential units, Lot 51, Maroon Creek Club Subdivision/PUD, City and Townsite of Aspen; and, WHEREAS, pursuant to Sections 26.304 and 26.470.080 of the City of Aspen Land Use Code, land use applications requesting growth management allotments are reviewed and scored by the Aspen/Pitkin County Growth Management Commission at a duly noticed public hearing after considering recommendations by the Community Development Director, and members of the general public. The scoring is then forwarded to the Pitkin County Board of County Commissioners and the Aspen City Council and development allotments may then be allocated by Ordinance by the Aspen City Council at a duly noticed public hearing after considering recommendations by the Community Development Director, and members of the general public; and, WHEREAS, during a duly noticed public hearing on January 20, 2004, the Aspen/Pitkin County Growth Management Commission considered the recommendation of the Community Development Director, the recommendation of the Aspen/Pitkin County Housing Authority Board, and testimony offered by the general public, considered the project for initial and final scoring (score summary attached), found the proposal meeting or exceeding the necessary scoring, and recommended, by a to -� vote, that City Council allocate four (4) residential allotments for the conversion of the lodge units in the Maroon Creek Club into four (4) free-market residential units. NOW, THEREFORE BE IT RESOLVED by the Aspen/Pitkin County Growth Management Commission that the City Council should allocate four (4) residential allotments to convert the existing lodge units in the Maroon Creek Club into four (4) residential units, subject to the following conditions of approval: 1. The Applicants shall purchase two (2) bicycles to be kept at the Maroon Creek Club for use by the Millennium Members and guests of the Maroon Creek Club prior to applying for building permits to add kitchens to any of the units. 2. The Applicants shall establish the proposed taxi voucher system for use by guests of the Maroon Creek Club prior to applying for building permits to add kitchens to any of the units. APPROVED by the Aspen/Pitkin County Growth Management Commission at its regular meeting on January 20, 2004. APPROVED AS TO FORM: ASPEN/PITKIN COUNTY GROWTH MANAGEMENT COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk Att: Scoring summary Jasmine Tygre, Chair . - . - tic ii I kTA 4Aij it 412 v rT^ µOA rtTp—T rt ��ITi: Jim urtni x"Koria6" H1611 T (971) 4297499 4, (9711) 429 Y499 PK_ht'Li' X# January 13, 2003 James Lindt, Planner City of Aspen 130 South Galena Street Aspen Colorado 81611 Via hand/email delivery Re: Maroon Creek Lot 51 PUD/SPA Amendment & GM Application Dear James: This letter is intended to supplement the land use application submitted for the above referenced project by Bluegreen on behalf of the Millennium Members ownership group. As you are aware, the Millennium Members have been considering various methods to provide added benefits to their application. They have been careful to develop programs that they believe will be used to considerable effect by themselves and their guests. The following summarizes these programs and their benefits. Taxi Voucher Program —This program will provide further benefits in the area of Providing Transportation Alternatives by reducing dependency on individual automobiles and creating a less congested downtown core. Currently Members typically use rental cars when in Aspen. This program will allow Members and their guests to instead use the existing taxi system to travel to and from the airport and the commercial core. The program creates an easy -to -use voucher account with High Mountain Taxi where trips are pre -paid and/or billed on a monthly basis. mcc lot 51 pud/spa amendment & gm application M Shared Bike Program —This program will provide further benefits in the areas of Providing Transportation Alternatives and Promoting Environmentally Sustainable Development. The Members will purchase two bicycles that will be used by the Members and their guests. They will be securely stored at bike racks immediately adjacent to the units. The bike racks are also available for other bike storage. Use of the bikes will further reduce dependency on individual automobiles and will reduce PMIO levels. Recycling Program —The Maroon Creek Club has an extensive recycling program for their commercial operations that will be made available to the Members. Two of the Members units are undergoing remodels that are accommodating recyclables/trash separation bins in the kitchens. Recycling bins are being added in the remaining three units. This program benefits in the area of promoting community recycling efforts. Please call me at 429 7499 if you have any questions regarding these programs. Sincerely, bluegreen, Ilc Sheri Sanzone, AICP/ASLA Principal mcc lot 51 pud/spa amendment & gm application p. 2 it 412 vupsTI µtU a:px es au nN nanev, X�, )ru pn6u X1611 January 13, 2003 T (970) 429749Y N (9711) 429 9499 James Lindt, Planner ��u,:y pr. ,.vavuxpla. vn< City of Aspen 130 South Galena Street Aspen Colorado 81611 Via hand/email delivery Re: Maroon Creek Lot 51 PUD/SPA Amendment & GM Application Dear James: This letter is intended to supplement the land use application submitted for the above referenced project by Bluegreen on behalf of the Millennium Members ownership group. As you are aware, the Millennium Members have been considering various methods to provide added benefits to their application. They have been careful to develop programs that they believe will be used to considerable effect by themselves and their guests. The following summarizes these programs and their benefits. Taxi Voucher Program —This program will provide further benefits in the area of Providing Transportation Alternatives by reducing dependency on individual automobiles and creating a less congested downtown core. Currently Members typically use rental cars when in Aspen. This program will allow Members and their guests to instead use the existing taxi system to travel to and from the airport and the commercial core. The program creates an easy -to -use voucher account with High Mountain Taxi where trips are pre -paid and/or billed on a monthly basis. mcc lot 51 pud/spa amendment & gm application P. 1 Shared Bike Program —This program will provide further benefits in the areas of Providing Transportation Alternatives and Promoting Environmentally Sustainable Development. The Members will purchase two bicycles that will be used by the Members and their guests. They will be securely stored at bike racks immediately adjacent to the units. The bike racks are also available for other bike storage. Use of the bikes will further reduce dependency on individual automobiles and will reduce PM10 levels. Recycling Program —The Maroon Creek Club has an extensive recycling program for their commercial operations that will be made available to the Members. Two of the Members units are undergoing remodels that are accommodating recyclables/trash separation bins in the kitchens. Recycling bins are being added in the remaining three units. This program benefits in the area of promoting community recycling efforts. Please call me at 429 7499 if you have any questions regarding these programs. Sincerely, bluegreen, Ilc Sheri Sanzone, AICP/ASLA Principal mcc lot 51 pud/spa amendment & gm application p. 2 CX111j'PIP11 MEMORANDUM TO: James Lindt, Community Development FROM: Cindy Christensen, Operations Manager, Housing DATE: November 25, 2003 RE: MAROON CREEK CLUB SPA AND PUD AMENDMENT Parcel ID No. ISSUES: The applicants are requesting approval to change eight lodge rooms into four residential units by combining certain units and adding a cooking appliance to the four proposed units. BACKGROUND: The property is located within the Maroon Creek Club. The applicants have been given permission by the Maroon Creek Club to combine eight lodge rooms into four residential units. The Maroon Creek Development Corporation constructed 39 units of employee housing on -site satisfying its initial housing mitigation requirements. The General manager states that they are not making any changes to their staffing levels, job responsibility or operations because of the proposed use. No new employees will be hired or created with the proposed changed. To calculate any additional mitigation could be done one of two ways -- by number of units or by square feet. The application is correct that either 3.6 employees or 2.3 employees could be generated. However, with what is being proposed, it seems highly unlikely that any additional employees would be generated. If City Council is concerned with this request, an audit could be required one year after Certificate of Occupancy for all the remodeled units. RECOMMENDATION: After reviewing the application Staff would agree with the applicant that no new employees would be generated by this conversion; therefore, no additional employee mitigation would be required. October 27, 2003 eC4814kj Mr. James Lindt N011U City of Aspen Community Development Department 130 South Galena Street,'rN Aspen CO 81611 RE: Maroon Creek Club PUD Amendment, SPA Amendment and GMQS Scoring Dear Mr. Lindt: This letter is to authorize Sheri Sanzone of Blue Green to represent the Millennium Membership in our application for a PUD Amendment, SPA Amendment, and Growth Management Quota System Scoring. She is authorized to act on my behalf in all matters pertaining to this application. All contact should be handled through her at the following address: Sheri Sanzone Blue Green 412 North Mill Street, Suite B8 Aspen Colorado 81611 T 970.429.7499 F 970.429.9499 Blueg-reen(a sopris.net Jim Williams is also authorized to act on behalf of the Millennium Membership as the membership's representative. All contact with Millennium members, if needed, should be handled through him at the following address: Jim Williams Land Plan Development Corporation 5400 Dallas Parkway Frisco Texas 75034 T 214.618.3800 F 214.618.3830 jim@landplan.com Sincerely, Jim Wi ms Units 1 and 3 Carol Duncan Units 5 and 6 Jim Pierce Unit 4 Ted Bell Units 7 and 8 — 4 orth mill street, suite b8 - - n n , colorado 81611 T (970) 429 7499 F (970) 429 9499 bluegreen@sopris.net 1 www.bluegreenaspen.com A 1 II 1 transmittal To: James Lindt—City of Aspen From: Sheri Sanzone Project: Maroon Creek Club Lot 51 Date: 31 October 2003 Re: Land Use Application cc: Project files Method ❑ Mail ❑Courier ©Hand Delivery ❑Other Please find attached the following: • Land Use Application for PUD/SPA Amendment and GMQS Residential Scoring (1 copy) This copy is for your review for completeness. I look forward to your comments. Thanks. blue green Ilc To: James Lindt—City of Aspen Project: Maroon Creek Club Lot 51 Re: Land Use Application Method ❑ Mail ❑Courier north mill street, suite b8 a. pen , colorado 81611 T (970) 429 7499 F (970) 429 9499 bluegreen@sopris.net www.bluegreenaspen.com transmittal From: Date: cc: cdo Wand Delivery Sheri Sanzone 06 November 2003 Project files ❑ Other Please find attached the following: • Land Use Application for PUD//-SPA Amendment and GMQS �Rresidential Scoring (34 copies) Thanks. V"I �l �� /� ��d�`t .)