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HomeMy WebLinkAboutLand Use Case.1450 Crystal Lake Rd.1978-PD-2A -�< 66to GARFIELD & HECHT ATTORNEYS AT LAW VICTORIAN SQUARE BUILDING 001 EAST HYMAN AVENUE SECOND FLOOR ASPEN, COLORADO 81811 RONALD GARFIELD TELEPHONE ANDREW V. HECHT June 26, 19 7 8 (303) 925 -1938 ASHLEY ANDERSON CHRISTOPHER N. SOMMER Planning and Zoning Commission Aspen, Colorado Dear Members: This is an Application pursuant to 24- 3.3(c) of the Aspen City Code for approval of the expansion of a conditional use, specifically, the Recreation Building located on Lot 15, Callahan Subdivision. The reasons for that expansion, as well as the purposes_ to be accomplished by it are delineated in the Application for Amendment to the Callahan Subdivision PUD attached to this Application. The Amendment to the PUD was, of course, approved by the P & Z at your meeting on June 20, 1978. In considering the suitability of a conditional use, the Commission shall determine three things: 1. Whether the proposed use otherwise complies with all requirements imposed by the Zoning.Code; 2. Whether the proposed use is consistent with the objectives and purposes of the Zoning Code and the applicable zoning district; and, 3. If the proposed use is designed to be compatible with surrounding land uses and uses in the area. This Planning Commission, of course, by its original approval of the facility as a conditional use, determined that the facility did in fact meet the requisite conditions. The Applicant submits that the expansion of the Recreation Building as detailed in the Application for the Amendment to the PUD in no way affects the appropriateness of the P & Z's original determination. In fact, the Applicant further submits that any effects of that expansion, as was discussed at the meeting on June 20, 1978, are effectively mitigated by the commitments the Applicant is willing to make . detailed in the Application for PUD and the conditions placed on the approval of the Amendment to the PUD on June 20, 1978, to -wit: Planning and Zoning Commission June 26, 1978 Page Two 1. The giving up of the 4400 square feet of expansion at the Club House and the reverting of that facility to single family. 2. The commitment and the condition concerning limited paid parking and the subsidizing of 20 minute City Bus Service. In addition, since this expansion will allow, and in fact, assure that the Applicant will continue to make the Club available to all locals at an affordable rate, any impacts of the expansion are outweighted by the community -wide benefit of the expansion. The Applicant thanks you for your cooperation and respectfully requests approval of the expansion of the conditional use. GARFIELD & HECHT By 1 --� ASHLEY A14DERSON, for the Applicant t RONALD GARFIELD ANDREW V. HECHT ASHLEY ANDERSON CHRISTOPHER N. SOMMER May 24, 1978 Ms. Karen Smith Mr. Richard Grice City Hall Aspen, Colorado 81611 Dear Karen and Richard: • TELEPHONE (303) 925 -1938 Enclosed please find 8 copies of our application for amend- ment to the Callahan Subdivision PUD and plans of the build- ing as built and proposed plans. Sincerely, GARFIELD & HECHT Ashley Anderson AA: le Enclosures GARFIELD '& HECHT ATTORNEYS AT LAW VICTORIAN SQUARE BUILDING 801 EAST HYMAN AVENUE SECOND FLOOR ASPEN, COLORADO 81011 RONALD GARFIELD ANDREW V. HECHT ASHLEY ANDERSON CHRISTOPHER N. SOMMER May 24, 1978 Ms. Karen Smith Mr. Richard Grice City Hall Aspen, Colorado 81611 Dear Karen and Richard: • TELEPHONE (303) 925 -1938 Enclosed please find 8 copies of our application for amend- ment to the Callahan Subdivision PUD and plans of the build- ing as built and proposed plans. Sincerely, GARFIELD & HECHT Ashley Anderson AA: le Enclosures • PUBLIC NOTICE RE: Aspen Club- Rezon.i.ng1-:, e NOTICE IS HEREBY GIVEN that there will be a public hearing before the Aspen Planning and Zoning Commission on September 5, 1978 at a meeting beginning at 5:00 P.M. in City Council Chambers, Aspen City Hall to con- sider the rezoning of Aspen Club lands to RR - PUD zoning classification and to permit the conditional use of the land for tennis courts. The application may be reviewed in the Planning Office, Aspen City Hall or call 925 -2020 ext. 227. /s/ Charles T. Collins, Chairman Aspen Planning & Zoning Commission Published in the Aspen Times, August 17, 1978 .. - GARFIELD * - ANDREW-'V. HECHT WILLIAM_ K. GUEST,..P.C. * ** JEREMY M. BERNSTEIN CLIFTON D. BURDICK *also admitted to New York Bar * *also admitted to District of Columbia Bar ** *also admitted to Nebraska and Texas Bar ATTORNEYS AT LAW VICTORIAN SQUARE BUILDING ` 601 EAST HYMAN AVENUE ASPEN, COLORADO 81611 Alan Richman Aspen / Pitkin Planning Office 306 East Galena Street Aspen., CO 81611 September 15, ;RE: 'Uni.t__B -2, ..Aspen Club Condominium Dear Alan: TELEPHONE (303) 925 -1936 TELECOPIER (303) 925 -3008 CABLE ADDRESS "GARHEC" 1 rffil M_ This will confirm our conversation during which I informed You that the above.condominium, for which Mr. Stan Silver received approval by the Planning Office to add one bedroom has been purchased by Rafael Beriro. As you know, the bedroom 'addition was approved pursuant to the Third Amended Plat of the Callahan. Subdivision recorded in Plat Book 18 at Page 70, in the records of the _Clerk and Recorder of Pitkin County, Colorado. You have advised me that the approval follows the condominium unit and that Mr. Beriro would be able to construct the bedroom addition subject to the conditions of the approval received while Stan Silver owned the condominium. For your information, Mr. Beriro's current plans, subject to change, are to build the addition next spring. ' Please contact me ifyou,:have any - questions. Thank you for your assistance in this matter. Very truly yours, GARF hELD' , ECHT , P Clift- Burdick CDB /mms cc: Bill Dreuding Rafael Beriro Chuck Frias v ,3 GARFIEED & IIECHT ATTORNEYS AT LA.W - VICTORIAN S0UA.RE BUILDING - 801 EAST HYMAN AVENUE - SECOND GLOOR ASPEN, COLORADO 81(311. - RONALD GARFIELD - TELEPHONE ANDREW V. HEC'HT - - _. - (303) 9: 3.1938 .ASHLEY ANDERSON - CHRISTOPHER N. SOMMER May 24; 1978 Planning and Zoning Commission Aspen City Hall 130 Galena Street Aspen, Colorado 81611 Dear P & Z Members: This is an application pursuant to 24 -8.26 of.the Aspen City Code for an Amendment to the Callahan Subdivision PUD. According to 24 -8.26 "Such amendments shall be made only if they are shown to be required by changes and conditions that have.occurred since the final plan was approved or by changes in community policy." The Aspen Club has seen a tremendous change in conditions since the approval of the original plan. That change is the overwhelming response that the Aspen Club has received from members of the local population.. At the present time, at least 900 of the club members are locals and tilere are approximately 200 locals on the waiting list. The local members and those on the waiting list come from all walks of life, including a large number of local employees from such organizations as the City, County, Aspen Valley Hospital and several other local businesses. The reason for this local response is clear, it is the low rate structure of the Club. It was always envisioned that the Club would have local members, but it was originally envisioned that they would be greatly outnumbered by-non resident members.who.would be paying high fees and the total number of.Club members would be low. With the present rate structure as stated above, the opposite has occurred and the locals.-Presently greatly outnumber the non residents and the total number of members greatly exceeds original expectations. In order to accomodate this local pres- sure for memberships and in order to assist in keeping the rate structure at an affordable limit for all locals, the applicant is .proposing the following limited alterations to the C1ub"s facilities.: 1\ P & Z Members Page 2 May 24, 1978 1. The Benedict Residence, presently approved for a Club dining facility will revert back to a single family res- idence. This facility is presently approved.for an expansion of approximately 4,400 feet,.which when added to the present 5,000 square feet would have made a dining facility of approx- imately 9,400 square feet. If the facility reverts back to single family status, this expansion will be abandoned and the result will be a net reduction in commercial space at the Club of approximately 9,400 square feet. 2.. The recreation building will be expanded by a total of approximately 10,715 square feet. The exterior change in the building as a result of this expansion is demonstrated on the plans attached to this application, as well as on the proposed amended plat attached to the application. The interior changes are demonstrated by a comparison of the sketch plans of, the proposed expansion with the sketch plans of the building as it presently exists, both of which are attached to the application. There are several basic purposes for the expansion of the recreation building: (a) the small addition, containing approximately 108, square feet on the ea.st side of the building is necessary for use as an equipment and storage facility for the pool and -the jacuzzis; (b) the expansion on the south side of the building, containing approximately 552 square feet which actually is merely the glassing in of an already existing entryway will allow us to move the pro shop into that facility; in addition, the small office space presently between the pro shop and of this office space will allow us to expand the womens' locker room to almost double its present capacity. This is extremely important as the breakdown of Club membership is nearly 50 -50 between men and women; a percentage that was completely unforeseen at the time of the original approval. (c) The weight room and therapy room presently im- mediately adjacent to the mens' locker room will be moved to the expansion on the west side of the building and this will allow us to greatly expand the mens' locker_ room. This expansion of the mens' locker facility is also extremely important since, because of the large unforeseen number of members, the present facility is woefully inadequate P & Z Members Page 3 May 24, 1978 (d) As mentioned, the offices as well: as the weight and therapy facilities will be moved to the expansion on..the west side of the building. The present office facilities are almost non- existent and with the large number of members, the administra- tion of the Club has become much more complicated and thus this office space is very important. Furthermore., the weight room and therapy room will be greatly ex- pande.d since the present facility is also inadequate.-. The present facility is inadequate in large part due to the large number of women using the weight room. This too was unforeseen at the time of the original approval. (e) Also to be contained in the expansion on the east side of the building are six additional racquet- ball courts. This, of course, is necessary to accomodate the large number of members and to allow us to accept the large numbers now on the waiting list. 3. We request permission to add two tennis courts. The location of these courts is demonstrated on the sketch plan and on the plat attached to this application. Additionally, we ask permission to cover the court to the southeast of the recreation building to allow play indoors in the winter. This court, as the rendering which we will submit at the hearing clearly demonstrates, is located such that the cover will be virtually impossible to see. Also, according to Hal Clark, who at that time was the planner, the City Council, during the original approval process, indicated to the applicant that he should see how the Club went and if it became necessary, to come back to Council and request permission to build an addition - al indoor court. This, of course, is not fully indoors as the cover will be removed in the summer. The covering of this court is extremely important to our entire expansion plan and to our quest.to keep the rates affordable for all locals. The number of tennis memberships that we can accept is in direct proportion to the amount of indoor space available in the winter. These tennis members do pay more than the health club merhers, the,- efo.re, in order to keep rates affordable, it is important that 4,.e be able to take in a substan—ial number of tennis me- -fibers. 4. The applicant requests permissie-.'i to build a slanted roof over the driveway area in the rear or south of the re- creation building. This would be approximately 2,200 square feet and since it is merely a roof it is not contained in the 10,715 square foot expansion figure stated above. The purpose of this roof is merely to protect against snow falling from the � o P & Z Members Page 4 May 24, 1978 roof of the recreation building, as it did*last winter, onto the driveway below.. As mentioned, the tremendous response from locals to the Club was largely unforeseen. Also as mentioned, the reason for that response is clear, the.low rate structure. The ap- plicant sincerely desires to accomodate.the local demand and to do so at rates affordable to locals from all walks of life. Although minimal, the amendments detailed above.are curcual to the applicant's efforts, and therefore we,respectfully request their approval. Sincerely, GARFIELD & HECHT Ashley( Anderson Attorney for Robert S. Goldsamt, Applicant AA:1e MEMORANDUM TO: Dave Ellis, City Engineer Willard Clapper, Fire Chief George Newell, Fire Marshal FROM: Richard Grice, Planning Office RE: Aspen Club, P.U.D. Amendment DATE: June 2, 1978 The Aspen Club is now requesting several changes in their approved P.U.D. plan. The proposed changes are outlined in the attached letter of application. In addition to the application, each of you should receive sheets 1B and 3B of the second amended Final Plat. This item is now tentatively scheduled for the June 20 City P &Z. Could I please have your reactions and written comments by June 14, 1978? Thanks. RG:mc a • MEMORANDUM TO: Dave .Ellis, City Engineer Wil.lard.Clapper, Fire Chief George Newell, Fire Marshal FRO14: Richard Grice, Planning Office RE:' Aspen Club, P.U.D. Amendment DATE: June 2, 1978 The Aspen Club is now requesting several changes in their approved P.U.D. plan. r-Phe proposed changes are outlined in the attached letter of application. In addition to the application, each of you should receive sheets 1B and 3B of the second amended Final. Plat. This item is now tentatively scheduled for the June 20. City P &Z. Could I please have your reactions and written comments by June 14, 1978? Thanks. RG:mc 70 KrcH.92D F7(? 010 EU/�L .r „v.l.l � ccon?c' Pcll call vot:cond iti ona l ly, F lar 'ISign, ajGtderson, aye; L edstron" nay, Coll..s_1!, r 1 r ,.lotion approved, r,_;pc n Club Smith no:`ed that Recreation Clubs are `a conditiont�l Conditional Use in the Rural Residential District. Any expansion tc, conditional. use must be approved by P&Z. She note _kj ttl PUD Plat Amendment that was approved a few weeks ago,. The criteria to determine a conditional use expansion 1) the proposed use complies with the requirements in t` code(area and bulk requirements, etc,), 2) the proposer:' use is consistent with the objectives and purposes of zone district, 3) the proposed use is compatible w•ittl surrounding land uses and uses in the area.. Sr:ot,: : } the intents and purposes of the Rurn1 r,',r: t(l =•r , 1 :a.. ,!.,. �, �:. �a, �. m, K......+✓.. i ...,...........- ...+F- �....._u_ ...... a.. e-,..,.... o... s.* ni.•..,,aa,e+4.�..z..:,,��w.Lv wi.t11 surrounding land uses. Sh'-, not,!, She felt compatibility With aCl]c"1C:C11t. by the location of the building improvc;nvr,t•1: side of the building nd the g proposed tc•nrl i t: west of the existing tennis courts. The new the property line. It will cut out a. major but' t„t which would be replaced by 'a retaining wall. r1,0 , building is massive but was camoflaged by the ridge. She noted the Planning Office memos of ,aunt; June 16, 1978 and the application dated May 24, Jim Reents of the Planning Office noted that the pr.oposej bubble over the proposed tennis court will cut into *a ridge line and will be visible above the ridge line, Vfa asked if they propose artificial lighting for the court Anderson said there will be lighting in the bubble, t?4 noted that the bubble is tan. Huss noted that the li.c;ht will be about 12 -14' high and the hours will be 7AM -10PM Huss noted that the bubble will be removed.in April and. replaced when the.weather'necessitates it. Ashley Anderson, representing the applicant, noted a la =: -- scaping plan. He noted that they are moving the ridge.. He showed the plans on a map. He noted that the tennis.: bubble.wou,ld not be visible from grade, He stated that-:.'. the fire access has been moved next to the building, _.. Smith noted that the zoning is Rural Residential with PUD overlay. The setbacks are set through-the PUD,. Sh•- felt the landscape plan unrealistic since they must re -.. move all the.natural vegetation. The landscape archite_- stated that their landscape plan would restore the natu. -: vegetation within 2--3 years. They propose trees with a. 1z -2" caliper .which is about 15' tall. Ktar asked if they intend to save the -trees they will remove. The ar---, chitect said it is possible with the aid of an expert. Another architect noted that the trees and vegetation they will install will not be all the same height or tyt: Hedstrom asked how far they would have to cut into thi:: ridge. The architect said they are moving the entire .ridge. Huss stated that they have a real concern for t:� and they intend to replace all the -trees and vegetation, Anderson stated that the Aspen trees are 2" in diameter'.. and the evergreens are 4 ". He said they will attempt to transplant as many trees as possible. Collins opened the public hearing, Gideon Kaufman Kaufman's office has been in the .Benedict Building for three and one half years. He is also a member of the club. His office is the closest to the proposed tennis court. Fie feels it is too close to the building even with the proposed landscape. He can hear people playi.n• - - -, on the other courts at present. He feels it is i_rtconl- patible with the uses of the office building, Anderson asked if he had any objections to the building expansio;.. Kaufman said no. Fritz Benedict Benedict showed the expansion on a map. IIe stated than: he has xlo o.1bj ec tions to the �xpans ion . I-Ie noted tha t the downtown area requires 231. open space. He ob j ecte(l to the sou-th si.df of 'Liie building where a water il.n;` W'a-z. ns tallied and there, have I'' r_ n, � el t't onip'1 .�_- t(J il'.cln 1x'1.1:1- I'! +� Ea:i_st_u.rl,,t:�nce, to t i!E ld'il ItC (: ?1- ov:l(Je(I 1Jhat -L.he area may loo-: t` a.k of te'r t the ox­ ":.n- ,E) 1... ?, a+ REcorded At 3:59 PM May 19, 1976 REception no EASEMENT GRANT 6 Julie Hane REcorder 300K 31 FACE, KNOW ALL MEN BY THESE PRESENTS, that FREDRIC A. BENEDICT, FABIENNE BENEDICT and BENEDICT LAND & CATTLE COMPANY, a Colorado corporation, collectively referred to herein as "Grantors ", P.O. Box 40, Aspen, Colorado 81611, for $10.00 and other valuable consideration to them in hand paid, receipt of which is hereby acknowledged, hereby grant to the CITY OF ASPEN, a municipal corporation, referred to herein as "Grantee ", 130 S. Galena Street, Aspen, Colorado 81611, a perpetual non - exclusive easement and right of way over, upon and across the following described strip of land situated in the NW4SE4, Section 18, T. 10 S..:, R. 84 W., 6th P.M., Pitkin County, Colorado upon which currently exists a roadway, to -wit: Beginning at a point whence Corner No. 9 of the Riverside Placer, M.S. 3905 A.M. bears N 38 111'25" E 158.05 feet; thence S 68 °00100" E 120.00 feet; thence S 49 100100" E 350.00 feet; thence S 84 °00'00" E 200.00 feet; thence S 09 129'21" W 24.04 feet; thence N 84 100100" W 206.11 feet; thence N 49 °00100" W 353.55 feet; thence N 68 °00100" W 122.95 feet; thence N 38 111'25" E 24.99 feet to the point of beginning, Together with the westerly extension of such roadway, as it presently exists on the ground, to its point of connection with Ute Avenue. The grant includes the right on the part of Grantee, its agents, servants, employees and contractors, to pass and repass over the said right of way, in vehicles and otherwise, for the purpose of fire access, utility service, maintenance, and repair, and all other necessary public services and municipal functions. This easement grant shall inure to the benefit f'•- ;If. 1 BOOK33ZPAGE 1:55 E the Grantee and its successor municipal corporations .it it shall .not. be assigned or transferred by the Grantee, in whole or in part, to any third party or parties without the prior• written consent of the Grantors or their heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF, the Grantors have executed this Easement Grant on thisT� day of April, 1976. Fredric A. Benedict d The�joregoing inst ent was acknowledged efore me r n this' : y of & ,o��t_ 1976, byd�!i�,��— mss; ` —of enedict Land & Cattle Company, a olor'ado "corporation. Witness my hand and official seal. `{ My commission expires: My Commission Expire 25 197 i_ -� 1. •. � "s .Y° t, VM Notary Publ'c Fabienne Benedict BENEDICT LAND & CATTLE COMPANY ST By f� \rid • � � , ,r;,p :. /f [ e,� " •(j •�'Ft �c -- ���Q.1.2.Q GC.I G.'� . .G`!. L "ti - ;: S"TATE. OF COLORADO ) ) ss. COUNTY OF PITKIN ) a TYi�foregoing'inst ment was acknowledged before me day, .of , , 1976, by Fredric A. eftedict and Fabienne enedict. . Witness my hand and official seal. ''�� °�`" �$ My commission expires: MY Commission Expi Feb, 25 7$� r t dr y Pub is STATE OF COLORADO ) ) ss. 'COUNTY OF PITKIN ). d The�joregoing inst ent was acknowledged efore me r n this' : y of & ,o��t_ 1976, byd�!i�,��— mss; ` —of enedict Land & Cattle Company, a olor'ado "corporation. Witness my hand and official seal. `{ My commission expires: My Commission Expire 25 197 i_ -� 1. •. � "s .Y° t, VM Notary Publ'c A s p e n / Pit kli 13 0 s o'-,4 R aspen, c o ��; o r a c i o -.... 8 1611 ar % j a ?1m September 28, 1978 Clayton Meyring, Building Inspector 130 South Galena Street Aspen, CO 81611 Dear Clayton: V Regarding the request of the Aspen Club to locate one walk in cooler of 6' x 8' and one walk in freezer of 6' x 8' in the covered driveway area to the rear of the recreation building, the Planning Director is authorized to approve minor changes in the PUD plan by Section 8.26 of the Aspen Municipal Code. As represented, the new freezers will replace existing ones in the kitchen area and will improve the storage and kitchen operation efficiency. The need for cooling units of this size was not foreseen at the time of final PUD plan approval and will result in a reduction of loading space, but not more than 1% of the total parking.and loading areas and not more than 20 increase in commercial space. I therefore authorize this minor PUD amendment. Sincerely, Karen B. Smith Planning Director KBS /sr cc: Tom Dunlop