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Land Use Case.CU.1450 Crystal Lake Rd.0012-04
- City of Aspen Community Development Dept. CASE NUMBER 0012.2004.ASLU PARCEL ID# 2737-18~t.-32-014 CASE NAME ASPEN CLUB SPA CONDTL USE, GMQS, FINAL PROJECT ADDRESS 1450 CRYSTAL LAKE RD PLANNER JAMES LINDT CASE DESCRIPTION CONDITIONAL USE, GMQS EXEMPT, FINAL PUD REPRESENTATIVE ALAN RICHMAN 920-1125 DATE OF FINAL ACTION 04/02/04 CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY APPROVED 4/27/04 D DRISCOLL CONDTL USE AMEND 1450 CRYSTAL LAKE RD- 273718132014L Case 0012.2004.ASLU wljmlw�./Ml ,die �a/oy c ;),,33--�- lS-'l- 3 Z -vi 35 COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City of Aspen Land Use: 131041 Deposit 131042 Flat Fee 131043 HPC 131046 Zoning and Sign Referral Fees: 151163 City Engineer 251205 Environmental Health 237001 Housing Building Fees: 211071 Board of Appeals 211072 Building Permit 211073 Electrical Permit 211074 Energy Code Review 211075 Mechanical Permit 211076 Plan Check 211077 Plumbing Permit 211078 Reinspection 211079 Aspen Fire Other Fees: 111006 Copy 111165 Remp Fee 601303 GIS Fee 231480 Housing Cash in Lieu 111165 Open Space Cash in Lieu Park Dedication Parking Cash in Lieu School District Land Ded. Code Sales (Joint) Contractor Licensing (Joint) � � r TOTAL�� NAME: ADDRESS/PROJECT: PHONE: CHECK# CASE/PERMIT#: # OF COPIES: DATE: r-, INITIAL: City of Aspen Community Development Dept. CASE NUMBER 0012.2004.ASLU PARCEL ID# 2737-1841-32-014 CASE NAME ASPEN CLUB SPA CONDTL USE, GMQS, FINAL PROJECT ADDRESS 1450 CRYSTAL LAKE RD PLANNER JAMES LINDT CASE DESCRIPTION CONDITIONAL USE, GMQS EXEMPT, FINAL PUD REPRESENTATIVE ALAN RICHMAN 920-1125 DATE OF FINAL ACTION 04/02/04 CITY COUNCIL ACTION PZ ACTION ADMIN ACTION APPROVED BOA ACTION DATE CLOSED 4/27/04 BY D DRISCOLL File Edit Record Navigate Form Reports Tab Help it D J t� _ © ° ` (0 14 4 ► H fs, C 1C r' _ r_._... Routing History ,Conditiont SubPerrrtltt Valuation Public Comment i Main ! Roguing Status Arch/Eng Parcels Custom Fields Fees Fee Summary i Action I, i Permit Type - Perrnt ri 6312.2D04 ASLU Address 11450 CRYSTAL LAKE AD Apt/Suite h _ City JASPEN State CO zp 81611 Permit Information Master Permit A Routng Queue Fa;i Applied 03/01/2004 Project =J Status 1pen*v Approved Description'CONDITIONAL USE AMENDMENT, GMQS EXEMPTION, FINAL PUD Issued F —J I FiW Submitted RICHMAN 920.1125 Clods W-V Day: F 0 Emires 02/24/2005 1 I` Visible on the web? Permit ID: f 30289 Owner Last Name SPEN CLUB SPA LLC First Name �— 1450 CRYSTAL LAKE RD Phone I ' SPEN CO 81611 l Owner is Ap*ant? Applicant Last Name SPEN CLUB SPA LLC J Fist Name 1450 CRYSTAL LAKE RD 1 SPEN CO 81611 Phone Cust 13 25174 `-; 4 12, r 14 MEMORANDUM TO: Julie Ann Woods, Community Development Director FROM: James Lindt, Planner �Tnl RE: Aspen Club Subdivision/PUD Amendment, Conditional Use Amendment DATE: March 15, 2004 APPLICANT: Aspen Club and Spa, LLC. LOCATION: 1450 Crystal Lake Road ZONING: Rural Residential (RR) with a PUD Overlay REVIEW PROCEDURE: Insubstantial amendments to an approved PUD may be approved, approved with conditions, or denied by the Community Development Director, pursuant to Land Use Code Section 26.445.100(A), PUD Insubstantial Amendments. In addition, the Community Development Director may approve, approve with conditions, or deny a request for an insubstantial amendment to an approved conditional use pursuant to Land Use Code Section 26.425.080, Insubstantial Conditional Use Amendments. BACKGROUND: In 1976, Subdivision and PUD approval was granted for the Callahan Subdivision/PUD, which contains the Aspen Club and Spa. The Subdivision/PUD Plat recorded in conjunction with the aforementioned approval shows the layout of the Aspen Club Building and the location of the seven (7) tennis courts that were originally built. In 1996, a subsequent approval to primarily reconfigure the parking at the Aspen Club resulted in the removal of two (2) of the original seven (7) tennis courts. Later in 1998, the Applicant gained approval to enclose one of the five (5) remaining tennis courts with a seasonal bubble. Consequently, the Applicant would like to now remove the tennis court with the seasonal bubble and replace it with an outdoor pool similar in size to that of the tennis court in order to respond to the changed demands of the Club's membership. The site plan below depicts the location of the tennis court to be removed and the location of the proposed outdoor pool: CJ C STAFF FINDINGS: Staff does not believe that the character of the development approval is significantly affected by the request in that the Applicant is simply proposing to remove one recreational use and replace it with another. Moreover, the outdoor pool is proposed to be located within the footprint of the existing tennis court and will actually decrease the amount of net leasable square footage on the site because the pool is not to be enclosed and does not count as net leasable floor area. Additionally, the request does not require that more on -site parking be provided in that the Applicant is not increasing the floor area of the development. Therefore, staff feels that the request is in compliance with the insubstantial PUD amendment and insubstantial conditional use amendment criteria. GMQS EXEMPTION CREDIT: In conjunction with the PUD and conditional use amendment requests, the Applicant has also requested the ability to obtain GMQS credit for the7,936 SF of net leasable floor area to be removed from the site in the form of the tennis bubble. Pursuant to Land Use Code Section 26.470.070(A)(1), Remodeling, restoration, or reconstruction of existing commercial, lodge or multi family buildings, the Applicant may reconstruct commercial or office floor area as long as the on -site parking and affordable housing mitigation for the floor area is provided as if it were new net leasable floor area. Staff believes that because the growth management section of the land use code does not provide for a specific time requirement in which the commercial square footage would have to be reconstructed that it would be appropriate to grant the Applicant credit for the existing commercial square footage being removed. However, Staff feels that the Applicant should only get commercial GMQS credit for 4,267 square feet, since the existing tennis bubble is only allowed to be up for 215 days pursuant to the 1989 agreement (attached as Exhibit "D") between the City of Aspen and the then owner, Richard Butera. 2 RECOMMENDATION: Staff recommends that the Community Development Director approve with conditions, the proposed insubstantial PUD amendment and insubstantial conditional use amendment to allow for the covered tennis court at the Aspen Club and Spa to be removed and replaced with an outdoor swimming pool of approximately the same size. Staff also recommends that 4,267 square feet of net leasable square footage credit be awarded to the Applicant for removing the tennis bubble pursuant to Land Use Code Section 26.470.070(A)(1), Remodeling, restoration, or reconstruction of existing commercial, lodge or multi family buildings. APPROVAL: I hereby approve this insubstantial PUD amendment and insubstantial conditional use amendment to the Callahan Subdivision/PUD to allow for the existing covered tennis court at the Aspen Club to be converted into an outdoor swimming pool with the following conditions: 1. The new swimming pool and associated pool deck shall not encroach outside of the footprint of the existing tennis court to be removed. 2. The new swimming pool and associated pool deck shall not encroach into the 10 foot wide utility easement that exists just to the east of the existing tennis court to be removed. 3. The Applicant is hereby awarded 4,267 square feet of commercial reconstruction credit as a result of removing the tennis bubble pursuant to Land Use Code Section 26.470.070(A)(1), Remodeling, restoration, or reconstruction of existing commercial, lodge or multi family buildings. The commercial square footage contained within the tennis bubble to be removed may be reconstructed applying all the applicable land use code requirements in affect at the time of reconstruction. 4. The design, installation, and maintenance of the pool must comply with the State of Colorado's "Swimming Pool and Mineral Bath Regulations." 5. The Applicant shall obtain a tree removal permit for any trees to be removed prior to building permit submittal. The Applicant shall also provide a tree protection plan for approval by the City of Aspen Parks Department at the time of building permit submittal. This tree protection plan shall identify the proposed construction access and a detailed plan for protecting the trees to be maintained in the vicinity of the construction access. 6. The Applicant shall not use the public trail along the river for construction activity. 3 • 7. The primary contractor shall submit as part of the building permit application, a signed letter stating that they have read and understand the conditions contained within this approval. ;8. The Aspen Consolidated Sanitation District shall review and approve the drain size of the swimming pool prior to installation. ' ?Lj nj date—'3,7�1' Ju ;inn Woods, Community Development Director ACCEPTANCE: 1, as a person being or representing the applicant, do hereby agree to the condition of this approval and certify the information provided in this application is correct to the best of my knowledge. /ji,4M date *�42041` LiAda Schmehl, General M ager The Aspen Club and Spa ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Application Exhibit C -- Referral Comments Exhibit D -- 1989 Tennis Bubble Agreement 4 9 Exhibit A Review Criteria & Staff Findings Insubstantial PUD Amendment. An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director if the following review standards are met. 1. A change in the use or character of the development. Staff Finding: Staff believes that there is no change in the use or character of the development as a result of the proposed amendment. The Applicant is simply removing one recreational use and replacing it with another recreational use that they feel there is more demand for. Staff finds this criterion to be met. 2. An increase by greater than three (3) percent in the overall coverage of structures on the land. Staff Finding: Since the application for the outdoor swimming pool does not propose to use more than the footprint of the existing tennis court, the amount of structure coverage will not be expanded. Staff finds this criterion to be met. 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 are not affected by this change. Staff finds this criterion not to be applicable to the proposed amendment. 4. A reduction by greater than three (3) percent of the approved open space. Staff Finding: The amount of open space within the PUD will not be reduced by the request. Staff finds this criterion to be met. 5. A reduction by greater than one(]) percent of the off-street parking and loading space. Staff Finding: The Applicant is not requesting an amendment to the existing or required number of parking spaces. Staff finds this criterion not to be applicable. 6. A reduction in required pavement widths or rights -of -way for streets and easements. Staff Finding: The Applicant is not proposing changes to right-of-way widths. Staff finds this criterion not to be applicable. 7. An increase of greater than two (2) percent in the approved gross leasable floor area of commercial buildings. Staff Finding: The Applicant is actually reducing the amount of net leasable floor area by removing the existing tennis bubble. Staff finds this criterion not to be applicable. 8. An increase by greater than one (1) percent in the approved residential density of the development. Staff Finding: The Applicant is not proposing a change in the residential density. Staff finds this criterion not to be applicable. 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: Staff does not feel that the proposed amendment is inconsistent with the project's original approval in that the Applicant is simply installing a new recreational use to replace an existing recreational use that is to be removed. Moreover, Staff feels that the proposed outdoor swimming pool will have similar overall impacts to that of the existing tennis court. Staff finds this criterion to be met. i Insubstantial Conditional Use Amendment. An insubstantial amendment to an approved development order for a conditional use may be authorized by the Community Development Director if the following review standards are met. 1. The change will not cause negative impacts on pedestrian and vehicular traffic circulation, parking or noise; and Staff Finding: Staff does not anticipate that the request will have a significant negative impact on traffic circulation, parking, or noise. Staff believes that the majority of the Aspen Club's patrons come to the club to partake in multiple activities offered at the club and that the conversion of the tennis court to an outdoor swimming pool will not likely generate a significant amount of additional new customers. Thus, Staff finds this criterion to be met. 2. The change will not substantially affect the tourist or local orientation of the conditional use; and Staff Finding: Please see response to Criterion No. 1 above. Staff finds this criterion to be met. 3. The change will not affect the character of the neighborhood in which the use is located; and Staff Finding: Staff does not believe that the request to convert an existing tennis court into an outdoor swimming pool will affect the character of the neighborhood. Staff finds this criterion to be met. 4. The change will not increase the use's employee base or the retail square footage in the .structure; and Staff Finding: Staff does not believe that the request will generate employees. Moreover, the application will actually reduce the amount of net leasable square footage on the site by removing the existing tennis bubble. Staff finds this criterion to be met. S. The change will not substantially alter the external visual appearance of the building or its site. Staff Finding: Staff believes that the request will alter the visual appearance of the site in a positive manner in that the request will remove the tennis bubble, which is considered by Staff to be somewhat of an eyesore. Staff finds this criterion to be met. r ATTACHMENT 2 —LAND USE APPLICATION APPLICANT: �__X�, k'; I " /�a Name: i 1 Location: Indicate street address, lot & block number, legal description where appropriate) Parcel ID #(REQUIRED) ' ! REPRESENTATIVE: Name: i Address: Phone #: l / IT II r-. 1 I\V.1 r,%, 1 . Name: Address: !/ S Phone #: TYPE OF APPLICATION: (please check all that apply): Conditional Use ALAlcu�,b . ❑ 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 EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) ROPOSAL: (description of proposed buildings, uses, modifications, etc.) Have you attached the following? FEES DUE: S ❑ Pre -Application Conference Summary ❑ Attachment #1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form ❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. ;4610 ;Z6�� I bOax E61E ,44#e.c, e &Tada 91612 March 1, 2004 Ratv �, sewle� ................. ;v4c.ce/�74x (970)920-1125 aicicltiHca�c�.aet 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. RETAIN FOR KROANI NT RECORD 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. RETAIN FOR PEMWW RECOO I 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. S. 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. <. 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: RETAIN FOR PERMANENT RECORD 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. S. 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 th-- 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. RETAIN FOR PERMANENT RECORD 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 RETAIN FOR PERMANENT RECORD Ll • EXHIBITS I EXHIBIT #1 • SCHEDULE A -LOAN POLICY CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER PCT15870C4 April 27, 2001 @ 10:38 AM $7,500,000.00 1412-410791 1. NAME OF INSURED: MERRILL LYNCH BUSINESS FINANCIAL SERVICES, INC. ITS SUCCESSORS AND/OR ASSIGNS AS THEIR INTERESTS MAY APPEAR 2. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: ASPEN CLUB & SPA LLC, A COLORADO LIMITED LIABILITY COMPANY 3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED IN THIS SCHEDULE AND WHICH IS ENCUMBERED BY THE INSURED MORTGAGE IS: IN FEE SIMPLE 4. THE MORTGAGE, HEREIN REFERRED TO AS THE INSURED MORTGAGE, AND THE ASSIGNMENTS THEREOF, IF ANY, ARE DESCRIBED AS FOLLOWS: Deed of Trust from : ASPEN CLUB & SPA LLC To the Public Trustee of the County of PITKIN For the use of : MERRILL LYNCH BUSINESS FINANCIAL SERVICES, INC. Original Amount : $7,500,000.00 Dated : April 3, 2001 Recorded : April 27, 2001 Reception No. : 453906 5. THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF PITKIN, STATE OF COLORADO AND IS DESCRIBED AS FOLLOWS: See Attached Exhibit "A" PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. ASPEN, COLORADO 81611 (970) 925-1766 (970) 925-6527 FAX THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTE"$f-ON THE COVER ER SCE • EXHIBIT "A" LEGAL DESCRIPTION PARCEL A: LOT 15, CALLAHAN SUBDIVISION, according to the maps thereof recorded May 19, 1976 in Plat Book 5 at Page 7, August 17, 1977 in Plat Book 6 at Page 16. PARCEL B: A pedestrian access easement through Lot 14, Callahan Subdivision and part of Crystal Circle within the Callahan Subdivision, City of Aspen, Colorado being 12 feet in width, lying westerly of and abutting the following described line: Beginning at a point on the Southerly line of Lot 14, Callahan Subdivision whence the Southwest corner of said Lot 14, Callahan Subdivision bears N 88°25' W 199.49 feet; thence N 07°39' W 125.28 feet; thence N 13*15' E 69.49 feet to a point on the South line of Lot 14-A, Callahan Subdivision, as set forth in Deed of Access Easement recorded January 11, 1985 in Book 479 at Page 661. PARCEL C: A right of access and vehicular access described as follows: a 24 foot wide private road adjacent to the most northerly point of Lot 14, being the road that circles Lot 14A, Callahan Subdivision; thence following said private road Easterly through Centennial Circle to Crystal Lake Road, and Northeasterly along the Westerly arm of said Crystal Lake Road to Colorado State Highway No. 82 as shown on the final plat and development plan of the Callahan Subdivision, recorded May 19, 1976 in Plat Book 5 at Page 7, and as amended on August 17, 1977 in Plat Book 6 at Page 16. RETAIN FOR PERMANENT RECORD SCHEDULE B-PART I CASE NUMBER DATE OF POLICY POLICY NUMBER PCT15870C4 April 27, 2001 @ 10:38 AM 1412-410791 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Water rights or claims of title to water. 6. Taxes for the year 2000 not yet due or payable. 7. Reservations and exceptions as set forth in Patent recorded June 17, 1949 in Book 175 at Page 24 8. Easement and right of way for pipeline, flume & ditch as set forth in Book 93 at Page 527 as shown on Survey by Carl R. Carmichael L.S. dated September 1, 1996. 9. Easements and restrictions as shown on Plats of Callahan Subdivision recorded May 19, 1976 in Plat Book 5 at Page 7, and as amended by Plat recorded August 17, 1977 in Plat Book 6 at Page 16, affecting the property insured hereunder. 10. Terms, conditions, obligations and restrictions as set forth in Subdivision and Planned Unit Development Agreement recorded May 19, 1976 in Book 312 at Page 110, and as modified by Notice recorded April 29, 1977 in Book 328 at Page 79, and Amendment to Subdivision and Planned Unit Development Agreement Callahan Subdivision recorded March 31, 1997 as Reception No. 398668. 11. Terms and conditions of Pedestrian Access Easement granted to Aspen Club International, Inc., as set forth in Deed of Access Easement recorded January 11, 1985 in Book 479 at Page 661. 12. Terms, conditions, provisions and obligations as set forth in Shared Expense Agreement for Callahan Sudivision Roads and Pond recorded August 28, 1992 in Book 687 at Page 365 and Modification Agreement recorded August 28, 1992 in Book 687 at Page 409. 13. Terms, conditions, provisions and obligations as set forth in Temporary Access and Parking Easement recorded September 12, 1996 as Reception No. 396948 as amended by Release and Partial Vacation of Easement recorded July 18, 1997 as Reception No. 406446. 14. Terms, conditions, provisions and obligations as set forth in Agreement with Holy Cross Electric Association recorded September 24, 1997 as Reception No. 408796. 15. Encroachment of Tennis Court and Cement Walkway onto the 10 foot utility easement as disclosed by Survey of Carl R. Carmichael, PLS, dated September 1, 1996. (Continued) RETAIN FOR PERMANENT RECORD I 10 EXHIBIT #2 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 Mr. Lindt, I hereby authorize Alan Richman Planning Services to act as our designated representative with respect to the land use application being submitted to your office for the Aspen Club and Spa. Alan Richman is authorized to submit those land development applications necessary to make an insubstantial amendment our prior PUD and conditional use approvals. The purpose of the amendment is to replace an existing tennis court with a new outdoor pool. Mr. Richman is also authorized to represent us in meetings with City of Aspen staff and the City's review bodies. Should you have any need to contact us during the course of your review of this application, please do so through Alan Richman Planning Services, whose address and telephone number are included in the land development application. Sincerely, a,4�a Li da Schmehl, General Manager The Aspen Club and Spa 1450 Crystal Lake Road Aspen, Colorado 81611 (970) 925-8900 RETAIN FOR PERMANENT RECORD 9 EXHIBIT #3 PLANNER: PROJECT: REPRESENTATIVE: OWNER: CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY James Lindt, 920-5095 Aspen Club PUD Amendment Alan Richman DATE: 2/ 12/04 TYPE OF APPLICATION: Insubstantial PUD Amendment, Insubstantial Conditional Use Amendment DESCRIPTION: The Applicant would like to remove the existing tennis bubble and tennis court to construct an outdoor pool of approximately 2, 000 square feet in place of the court. Staff believes that the request would require an insubstantial PUD amendment and an insubstantial conditional use amendment since the Recreation Facility is a conditional use in the R-15 Zone District in which it is located. Land Use Code Section(s) Section 26.445.100(A) PUD Insubstantial Amendment Section 26.425.080(A) Insubstantial Conditional Use Amendment Review by: Staff for complete application. Referral Departments (Water, Sanitation, Parks, Engineering) for technical considerations. Community Development Director for approval. Public Hearing: No. Referral Agencies: Water, Sanitation, Parks, Engineering Planning Fees: Deposit of $546 for 2.5 hours of staff time. Referral Agency Fees: Total Deposit: $546 (Additional hours are billed at a rate of $220.00 per hour). To apply, submit the following information: l . 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. Signed fee agreement. 4. Pre -application Conference Summary. 5. An 8 1/2" x I I" vicinity map locating the subject parcels within the City of Aspen. 6. 2 Copies of the complete application packet and maps. 7, A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. 8. Site plan and landscaping plan showing proposed improvements. 9. Site Improvement Survey performed by a Colorado Licensed Surveyor that includes all existing site improvements and easements. 10. Copies of prior approvals. 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. RETAIN FOR PERMANENT RECOM External Media Located Here M-015818 on, TOW, f ALTA- Ar-SM LAND T6TLF& SURVEY VICINITY MAP I = 400 2 H O Z 0 20 40 60 I" 40 BASIS OF REARING - 11 49-00.00- E BETWEEN A NO. 5 REBAR WITH YELLOW PLASTIC CAP LS NO 20151 AT THE S LY AP LOT 16 AND A NO 5 REBAR AND RED PLASTIC CAP LS NO. 12707 AT THE SOUTH AP LOT 15 LS25045'27948E 2 .415LW. L3 S.120 45' W. 15.00' L4 N.051254. 18.03' CURVE DELTA RADIUS ARC CHORD BRGRENGTH Cl 23°27' 213.00' 8718' N71°41'30'W 8657' C2 42°55' 63.00' 47.19' N.17°03'00"W. 46.09 C3 05'15' 112,00' 10.26 N 19°40'30'W. 10.26' C4 50°42' 112.00' 99.11' N.47°39'00'W. 95.91' C5 41°48' 112.00 81.71' S.86°06'00'W. 79.91' C6 23°10' 88.00' 35.58' S.76°47'00'W 35-34' C7 06°52' 162.00' 19A1' S.84°56'00'W. 19.40' C8 34°02'40" 162,00' 96.26' S.64°28'40'W. 94.85' C9 21°42'20" 162.00' 61.37' S.36°36'10'W. 61.00' C10 140°22' 37.00' 90.64' N.84°04'00'W. 69.62' C11 90°49' 77.00' 12205' S.59°17'30"E 109.67' C12 117°27' 30.00' 61.50' S.45°58'30"E. 51.28' C13 108,10, 60.00' 113.27' S.41°20'00"E. 97.18' C14 144°53'29" 15.00' 37.93' N.02°51'16"E. 28.60' C15 09°37'29" 237,00' 39.81' N.64°46'45"W 39 77' C16 42°55' 67.00' 65.17' N.38°30'30'W. 63.65' C17 97°45' 88.00' 150.13' N.65°55'30'W. 132.58' C18 23°10' 112.00' 45.28' S.76°47'00'W. 44.98' C19 102°15' 50.00' 67.81' S.3794'30'W. 59.17' C20 90°49' 53.00' 84.01 S.599710"E. 75.49' LEGEND: Q DENOTES SET NO. 5 REBAR AND RED PLASTIC CAP PLS 24303 wC DENOTES SET NO 5 REBAR AND RED PLASTIC CAP PLS 24303 AS WITNESS CORNER -T- DENOTES UNDERGROUND TELEPHONE LINE-10' EASEMENT - o - DENOTES UNDERGROUND POWER LINE-10' EASEMENT "T-v-DENOTES UNDERGROUND TELEPHONE AND POWER LINE-10' EASEMENT -w- DENOTES EXISTING 8" D.I.P WATER LINE-20' EASEMENT ►► DENOTES RE -LOCATED FIRE ACCESS EASEMENT LOCATION AS SHOWN ON A SURVEY BY ALPINE SURVEYS, INC DATED SEPTEMBER 25, 1987, JOB NO 75-14-61. NO OTHER INFORMATION AVAILABLE REGARDING THIS EASEMENT SEE ATTACHMENT "A" s.'`�•an. NOTES: 1 A "41" SYMBOL INDICATES INFORMATION REGARDING ITEMS, EASEMENTS OR OTHER INFORMATION TAKEN FROM THE PLAT OF CALLAHAN SUBDIVISION AS RECORDED IN PLAT BOOK 5 AT PAGE 7 OR AS AMENDED IN PLAT BOOK 6 AT PAGE 16. 2, THE 5' AND 10' EASEMENTS SHOWN ALONG THE INSIDE PERIMETER OF LOT 15 ARE CREATED IN THE PLAT NOTES OF CALLAHAN SUBDIVISION IN THE FIRST PARAGRAPH UNDER - THE HEADING "UTILITY EASEMENTS" 3. STANDARD SETBACKS FOR THIS PROPERTY BY THE CITY OF ASPEN WOULD BE 301, BUT AS THIS PROPERTY IS A PLANNED UNIT DEVELOPMENT THE STANDARD SETBACK a REQUIREMENTS DO NOT APPLY AND TO THE BEST OF THIS THIS SURVEYOR'S KNOWLEDGE �+ THERE ARE NONE OF RECORD NO SETBACK OR HEIGHT RESTRICTIONS ARE INCLUDED IN THE PLANNED UNIT DEVELOPMENT AGREEMENT RECORDED IN BOOK 312 AT PAGE 110. 4. THIS SURVEY WAS PERFORMED USING FIDELITY NATIONAL TITLE INSURANCE COMPANY OF CALIFORNIA COMMITMENT ISSUED BY PITKIN COUNTY TITLE, INC. CASE NO. PCT10416C6 FOR INFORMATION REGARDING ENCUMBRANCES OF EASEMENTS AND RIGHTS -OF -WAY OR OTHER MATTERS WHICH MAY AFFECT THIS PROPERTY. 5, THIS MAP IS INVALID AS A LEGAL DOCUMENT AND POSSESSION OR USE OF THIS MAP IS UNAUTHORIZED BY THE SURVEYOR UNLESS IT BEARS THE ORIGINAL SIGNATURE AND WET STAMP OF CARL R CARMICHAEL, P.L S. - DOCUMENTS PREPARED BY THE SURVEYOR AND WITHOUT A SIGNATURE AND WET STAMP ARE TO BE VIEWED AS PRELIMINARY AND ALL INFORMATION SHOWN THEREON SUBJECT TO CHANGE. Qo'I J ; cn 21.5' THE ASPEN CLUB 4 ♦♦�` SPLIT LEVEL CONCRETE Ag• """ \` 9� BUILDING •QI ♦ \ GAS METER-..D;p • v 1 :e W FIRE ACCESS EASE►E?R N 52•26'00- E 41 e ` _ `P• m l ♦ / Asp# ' 24 • UTILITY \ ;a.�• �A1flp let ' AND SERVICE B12 PO 154 \♦ ��F ��' / �` _ \ 00•E 200,00• � ` \` �♦. A 0 �� 10' IRILITY E49Wq ♦ \ �� OAS LINE FIRE +IYD. CENTENNIAL CIRCLE htW'�OVt�'�.rw�s Lov►bT p.f,0 Q?v b b`t I�+t�u►c� -%j % N. o..� Ooolt Q oo� m N to T_ oo N o a0- 0 W 0 x O U_ U uiti a La co• -•I UX09 zm �Oprn m Q (i cr Q {~ 0 a: 0 Brian Flynn, 11:34 AM 03/09/2W, DRC comments for Aspen Club PUD Amendment 7 40 L- X61 X-Sender: brianf@commons X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58 Date: Tue, 09 Mar 2004 11:34:59 -0700 To: johnn@ci.aspen.co.us From: Brian Flynn <brianf@ci.aspen.co.us> Subject: DRC comments for Aspen Club PUD Amendment Cc: jamesl@ci.aspen.co.us X-MailScanner-Information: Please contact the ISP for more information X-MailScanner: Found to be clean John, the parks department comments for the PUD amendment are as follows: Page 1 of P C' 1) At time of Bldg permit, an approved tree permit will be required, contact the city forester for tree permit 920-5126. The tree permit shall provide and existing site survey with all trees located, it will indicate the plan for construction traffic access and identify how existing trees will be protected and which will be removed, permit will also include a plan for mitigation of the removed trees. 2) At time of Bldg permit the applicant shall represent to the City that the contractor and Aspen Club employees are informed that the public trail along the river shall not be used for any construction activity for any reason, unless approved by the Parks Dept. Brian Flynn, Parks & Open Space Coordinator 130 South Galena St Aspen, CO 81611 970-920-6011(P) 970-920-5128(F) Printed for James Lindt <jamesl@ci.aspen.co.us> 03/09/2004 Aspen Consolidated Sanitation District Paul Smith * Chairman Frank Loushin Michael Kelly * Vice- Chair Roy Holloway John Keleher * Sec/Treas Bruce Matherly, Mgr March 16, 2004 RkCEIVED James Lindt Community Development 130 S. Galena Aspen, CO 81611 Re: Aspen Club PUL Amendment Dear James: MAR 1 7 2004 g! ""NG RTMENT We currently have sufficient collection and treatment capacity to serve this proposal. Service is contingent upon compliance with the district's rules, regulations, and specifications which are on file at the district office. All fees must be paid prior to the issuance of a building permit. Fees can be estimated once detailed plans are made available to our business office for the completion of a tap permit. We will need to review and approve the drain size for the swimming pool. Please call if you have any questions. Sincerely, c Bruce Matherly District Manager 565 N. Mill St., Aspen, CO 81611 / (970)925-3601 / FAX (970)925-2537 Aspen/Pitk 130 s a s p e October 3, 1989 T. Richard Butera The Aspen Club 1450 Crystal Lake Rd. Aspen, Colorado 81611 Dear Dick: Planning Office On lstreet sg 1-Wrr!'ado -81611 The purpose of this letter is to confirm our phone discussion regarc frig the Aspen Club tennis bubble. We have determined t:^.at the Panning Director has the authority to make a determination on this issue. As you know, you have a GMP credit of 4,267 s.f. due to the removal of the Club's permanent tennis bubble in the Saring of 1906. You are also aware that a year round bubble requires 7,220 s.f. Therefore, I have determined tat you can construct a to mperary bubble which can be in place and functional not mere P,vs per near. This temporary structure_ is Gran ed based upon the following conditions: 1. The 215 days per year figure is a maximum number which cannot be transferred from year to year; 2. If the bubble is used less than 215 days per year the Aspen Club will receive no GMP credits; 3. If the bubble ceases to be used in the future the Aspen Club will receive no GMP credits; 4. The temporary tennis bubble will be constructed over court 9. 5. The temporary bubble cannot be erected prior to October 1, and must be disassembled no later than May 15. This is a total of 226 days and is intended to give your staff time to assemble and disassemble the bubble; and 6. If the Aspen Club violates this agreement, then the Aspen Club tennis bubble will be red tagged and the Aspen Club will be required to compete under GMP for the entire 7,220 s.f. in order to resume use of the bubble. 7. It is understood that this agreement erases all GMP credits for the Aspen Club. This letter will confirm that we both agree to this approach. I am pleased that we could work together to resolve this issue. If you have any comments regarding this agreem t please call me. Sincerely, L Amy rgerum, 'rector cc: Francis Krizmanich, Senior Planner Bill Drueding, Zoning Enforcement Officer Aspen Club Case File Fred Gannett, City Attorney T. Ric Butera f MEMORANDUM TO: Plans were routed to those departments checked -off below: X ........... City Engineer 0......... Police Department 0 ........... Zoning Officer 0 ........... Housing Director X ........... Parks Department X ........... Aspen Fire Marshal X ........... City Water X ........... Aspen Consolidated Sanitation District X ........... Building Department X ........... Environmental Health 0 ........... Electric Department 0 ........... Holy Cross Electric 0 ........... City Attorney 0 ........... Streets Department 0 ........... Historic Preservation Officer 0 ........... Pitkin County Planning FROM: James Lindt, Planner Community Development Department 130 So. Galena St.; Aspen, CO 81611 Phone-920.5095 Fax-920.5439 RE: Aspen Club PUD Amendment Parcel ID# 2737-181-32-019 DATE: March 2, 2004 COMMENTS: DRC Representatives, Please review the attached application and return comments to John Niewoehner by March 11, 2004. The request is to remove one of the existing tennis courts at the Aspen Club and replace it with an outdoor swimming pool. Due to the anticipated lack of technical issues with the request, staff has decided not to have a DRC meeting regarding this request. Thank You, James Lindt 0 • 1 - j .) .� cc, el. .1 J L L ( CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of jA�spen Development Application Fees CITY OF ASPEN (hereinafter CITY) and (hereinafter APPLICANT) AGREE AS FOLLOWS: APPLICANTT has submitted to CITY an application for L _ (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ S'A �* � • which is for 5 hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $205.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN By: Julie Ann Woods Community Development Director g:\support\forms\agrpayas.doc 1/10/01 APPLICANT B e 4�& Date: '&-24�k4- Mailing Address: \'�kSo L--t1.k*\ L4*<_ "acq k-,,r,.,, Lo - -s\ In \ �