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HomeMy WebLinkAbout0012.2004.ASLU 0012.2004.ASLU/ACLUBAPP.DOC March 1, 2004 Mr. James Lindt, Planner City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: ASPEN CLUB INSUBSTANTIAL PUD AND CONDITIONAL USE AMENDMENT Dear James, This is an application for an insubstantial amendment to the PUD and conditional use approvals previously granted to the Aspen Club and Spa. The Aspen Club and Spa is located on Lot 15 of the Callahan Subdivision, more commonly known as 1450 Crystal Lake Road. The purpose of this application is to remove the existing tennis court at the Aspen Club and Spa that is covered by a bubble and to replace it with a new outdoor pool. The location of the proposed new pool is shown on the attached copy of the improvement survey. This application is being submitted by the Aspen Club and Spa, LLC, the owner of the property (hereinafter, "the applicant"). Proof of the ownership of the property is provided by Exhibit #1, the title insurance policy. Authorization for Alan Richman Planning Services to represent the Aspen Club and Spa for this application is provided by Exhibit #2. A pre-application conference summary form was obtained from you on February 12, 2004 (see Exhibit #3, Pre-Application Conference Summary). This document confirms that the following land development approvals are required by the Aspen Land Use Regulations to accomplish this project: Insubstantial PUD Amendment, pursuant to Section 26.445.100 A.; Insubstantial Conditional Use Amendment, pursuant to Section 26.425.080 A.; and Vested Rights for the project. The following sections of this application identify the standards of the Aspen Land Use Regulations that apply to these procedures and provide a response to each standard. Mr. James Lindt March 1, 2004 Page Two Insubstantial PUD Amendment Section 26.445.100 of the Land Use Regulations authorizes the Community Development Director to approve an insubstantial amendment to an approved final PUD plan. It also provides that in the absence of an approved PUD plan, a survey of existing conditions may be used to evaluate the extent of the proposed change. The Callahan Subdivision and Planned Unit Development received final approval from the City of Aspen in 1976. The original PUD Agreement is recorded in Book 312 at Page 110, while the original plat is recorded in Plat Book 5 at Page 7 of the Pitkin County Records. The PUD Agreement designates Lot 15 as being approved for the development of "recreational facilities". The Development Plan for Lot 15 (see Book 5 at Page 9) shows the proposed location and configuration of the Club building and seven outdoor tennis courts. In later years, the City granted approval to cover one of the courts with a tennis bubble. An amendment to the PUD was approved in 1996 to reconfigure the parking areas for the property. This amendment resulted in the removal of two tennis courts from the property. An amended plat documenting this approval is recorded in Book 40 at Page 81 and an amended PUD Agreement is recorded as Reception No. 398668 of the Pitkin County Records. The amended plat and agreement do not provide any further detail regarding the recreational facilities on the property. The applicant now proposes a further amendment to the PUD to replace the tennis court and bubble with an outdoor pool. Section 26.445.100 (A) of the Land Use Regulations identifies 9 circumstances which shall not be considered an insubstantial amendment. Following is the applicant's response to each of these provisions: A. The following shall not be considered an insubstantial amendment: 1. A change in the use or character of the development. Response: Replacing the tennis court with a pool will not change the character of the Aspen Club and Spa. 2. An increase by greater than three (3) percent in the overall coverage of structures on the land. Response: The replacement will not increase the overall coverage of structures on Lot 15. In fact, the pool will fit within the footprint of the existing tennis bubble. 3. Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities. Mr. James Lindt March 1, 2004 Page Three Response: This proposal is intended to better serve the current members and guests and should not substantially change usage of the Aspen Club or resultant trip generation rates. 4. A reduction by greater than three (3) percent of the approved open space. Response: No change in the approved open space is planned. 5. A reduction by greater than one (1) percent of the off-street parking and loading space. Response: No change in the approved parking is planned. 6. A reduction in required pavement widths or rights-of-way for streets and easements. Response: No changes to any street or easement are planned. 7. An increase of greater than two (2) percent in the approved gross leasable floor area of commercial buildings. Response: The gross leasable space on the property will not be increased. In fact, the tennis court, which is enclosed, will be removed and replaced with an outdoor pool. 8. An increase by greater than one (1) percent in the approved residential density of the development. Response: No change in the approved residential density is planned. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. Response: To the best of the applicant's knowledge, this proposal is not inconsistent with any condition or representation of the original PUD approval. The applicant would point out, however, that the survey shows that the location of the tennis bubble encroaches slightly into a utility easement. The new pool will be located so as to eliminate this encroachment. Insubstantial Conditional Use Amendment Section 26.425.080 (A) of the Aspen Land Use Regulations authorizes the Community Development Director to approve an insubstantial amendment to an approved conditional use permit. It states that an insubstantial amendment to a conditional use shall be limited to changes in the operation of a conditional use. Following are the standards against which the change must be evaluated, and the applicant's responses to these standards: Mr. James Lindt March 1, 2004 Page Four 1. The change will not cause negative impacts on pedestrian and vehicular traffic circulation, parking or noise. Response: As noted above, the replacement of the tennis court with an outdoor pool is intended to better serve the existing members and guests of the Aspen Club and Spa. It will not have any affects on pedestrian and vehicular traffic circulation, parking or noise. 2. The change will not substantially affect the tourist or local orientation of the conditional use. Response: The Aspen Club and Spa will continue to be available to both tourists and residents in the same manner as today. 3. The change will not affect the character of the neighborhood in which the use is located. Response: The property will continue to be used as a recreational club, and so its affect on the neighborhood will be unchanged. 4. The change will not increase the use's employee base or the retail square footage in the structure. Response: The applicant does not anticipate any changes to employment as a result of this proposal. The pool will be maintained by existing facilities personnel and a new lifeguard will not be required. Retail square footage on Lot 15 will not be increased; it will actually decrease since the covered tennis court will be replaced with an outdoor pool. 5. The change will not substantially alter the external visual appearance of the building or its site. Response: The external visual appearance of the site will be improved through the removal of the tennis bubble. GMQS Exemption Credit Section 26.470.070 A. of the Land Use Regulations provides the ability to reconstruct demolished commercial space. As currently written, the Land Use Regulations provide that to reconstruct this space, the applicant must provide affordable housing and parking as if the reconstructed space were new space. The applicant recognizes and accepts this provision. The applicant has no plans to replace the bubble with a new bubble at this time. However, at some future date, the Club's needs could change. Furthermore, the applicant is aware that this provision is currently under review by the City Council, and these mitigation requirements for reconstruction may be revised or eliminated. Mr. James Lindt March 1, 2004 Page Five Considering the above circumstance, the applicant asks that the record reflect that the existing tennis bubble that is being removed is 64' x 124 (7,936 sq. ft.). The applicant requests a "GMQS credit" for that commercial square footage and the ability to apply for its reconstruction at a future date, subject to the provisions of the Land Use Regulations that may be in effect at that time. Vested Rights Pursuant to Section 26.52.080 of the Aspen Land Use Regulations, the applicant hereby requests that this development be granted vested rights status. Conclusion In summary, the applicant has submitted all of the materials requested during the pre-application conference. We have responded to the applicable standards of the Aspen Land Use Code and have demonstrated our compliance with said standards. Should any reviewing agency request additional information, or need for us to clarify any of the statements made herein, we will respond in a timely manner. Please feel free to contact us as necessary. Very truly yours, ALAN RICHMAN PLANNING SERVICES Alan Richman, AICP