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HomeMy WebLinkAboutcoa.lu.sm.Crown.1421 Crystal Lake Rd.A40-90 w CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 7 6 90 PARCEL ID AND CASE NO. DATE COMPLETE: 2737- 182 -95 -030 A40 -90 STAFF MEMBER: KT PROJECT NAME: Crown PUD Amendment and Stream Mar•in Revue F il m Project Address: Aspen Club Condominums Unit C1 Legal Address: Lot #13, Callahan Subdivision, Aspen, CO APPLICANT: Lester Crown Applicant Address: 222 N. LaSalle, #2000, Chicago, IL 60601 REPRESENTATIVE: Sutherland, Fallin, Inc. Representative Address /Phone: 1280 Ute Ave. Aspen, CO 81611 S- 9QSa PAID: YES NO AMOUNT: $1780 NO. OF COPIES RECEIVED :: / 2 TYPE OF APPLICATIONN :� 1 STEP: 2 STEP: /C a' Pu P &Z Meeting Date S PUBLIC HEARING: lit NO VESTED RIGHTS: YES NO CC Meeting Date ____ PUBLIC HEARING: YES NO AS f . . VESTED RIGHTS: YES NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: - REFERRALS: — _ � __ _ - - - — - City Attorney Mtn. Bell School District X City Engineer Parks Dept. Rocky Mtn Nat Gas Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water Fire Marshal State Hwy Dept(GJ) City Electric Building Inspector Envir. Hlth. Roaring Fork Other Aspen Con.S.D. �j Energy Center / /i DATE REFERRED: ' /9c INITIALS: FINAL ROUTING: DATE ROUTED: / //-R9/9'o INITIAL: /(/e— _ City Atty __X City Engineer Zoning Env. Health Housing Other: /� FILE STATUS AND LOCATION: tp ro v eo � Ord. 4.3 - Ci 1 / . CietiCs 4 , ORDINANCE N0. & (SERIES OF 1990) AN ORDINANCE OF THE CITY OF ASPEN GRANTING AMENDMENT TO THE PUD FINAL DEVELOPMENT PLAN OF THE ASPEN CLUB CONDOMINIUMS FOR THE CROWN RESIDENCE AT 1421 CRYSTAL LAKE ROAD, UNIT C -1 (LOT 13 CALLAHAN SUBDIVISION) WHEREAS, Mr. and Mrs. Lester Crown submitted to the Planning Office an application for Amendment to the Aspen Club Condominiums PUD Final Development Plan to expand a bedroom by 208 square feet of floor area, and deck expansion for 72 square feet of site coverage; and WHEREAS, on August 21, 1990, a public hearing was held before the Aspen Planning and Zoning Commission and in a 6 -1 vote approved the Amendment to the PUD Final Development Plan with conditions, and recommended to Council the approval of the Final PUD with conditions. WHEREAS, the Commission, in an additional motion wishes to impress upon the Aspen Club Condominiums Homeowner's Association, the Planning Office, and the Aspen City Council their unwillingness to consider future small amendments to the Aspen Club Condominium PUD until the entire buildout of the condominium project has been considered and approved as part of a comprehensive Final PUD Development Plan amendment. • WHEREAS, pursuant to Section 7 -903 of the Aspen Land Use Code, the City Council may grant approval to Final PUD Development Plans; and WHEREAS, the Aspen City Council having considered the Planning and Zoning Commission's recommendation, does wish to grant the Final PUD Development Plan for the Aspen Club sue. r+ Condominiums for expansion of the Crown Residence. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That it does hereby grant Final PUD Approval with the conditions recommended by the Planning and Zoning Commission to the Aspen Club Condominiums. Section 2. The conditions of approval recommended by the Planning and Zoning Commission and approved by the City Council are: 1. A revised Aspen Club Condominium PUD Development Plan must be filed with the Pitkin County Clerk and Recorder within 180 days of approval by City Council. Failure to do so will require the applicant to resubmit the proposal to the Planning and Zoning Commission and City Council. 2. A revised condominium plat reflecting changes to unit C -1 must be filed with the Pitkin County Clerk and Recorder concurrently with the revised PUD Development Plan. The plat shall reflect these items of the Engineering Departments concern: a. A site plan showing the proposed addition. b. Surveyor's certificate. c. Owner's certificate. d. Certificate for City Engineer's approval. e. Certificate for Planning Director's approval. f. Clerk and Recorder's certificate. g. Certificate for representative of Aspen Club Condominium Association's approval. 3. Materials on the addition must match the existing facade. 4. Disturbed ground must be sodded or hydromulched as soon as exterior construction is complete. Prior to issuance of any building permit: 5. This project must receive exemption from Stream Margin Review by the Planning Director. Section 3: That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 4: A CX / p �� u �� blic hearing on the Ordinance shall be held on the ° XC� day of ti , 1990 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which a hearing of public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the to " day of l a , 1990. William L. Stirling, Mayor Ay' ST: Kathryn . Koch, City Clerk /?, FINALLY, adopted, passed and approved this day of CXf3{rG1/t/ 1990. ATTEST: William L. Stirling, Kathryn Koch, City Clerk jtkvj /Crown.ord 3 , CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 7 6 90 PARCEL ID AND CASE NO. DATE COMPLETE: 2737- 182 -95 -030 A40 -90 STAFF MEMBER: PROJECT NAME: Crown PUD Amendment and Stream Margin Revi Project Address: Aspen Club Condominums Unit C1 t- -f`--^ Legal Address: Lot 413. Callahan Subdivision. Aspen. CO APPLICANT: Lester Crown Applicant Address: 222 N. LaSalle. 42000. Chicago. IL 60601 REPRESENTATIVE: Sutherland, Fallin. Inc. Representative Address /Phone: 1280 Ute Ave. Aspen, CO 81611 S- 4'QS& PAID: YES NO AMOUNT: $1780 NO. OF COPIES RECEIVED: 2 TYPE OF APPLICATION :� 1 STEP: 2 STEP: >( , P U D P &Z Meeting Date 8�,./ PUBLIC HEARING: 'e'',* VESTED RIGHTS: YES NO CC Meeting Date - _ PUBLIC HEARING: YES NO S r "f J VESTED RIGHTS: YES NO c� i E 17 8 Planning Directo oval: \/ Paid: Insubstantial Am ent or - xemption X Date: ALA REFERRALS: ` - - -- ( City Attorney Mtn. Bell School District City Engineer Parks Dept. Rocky Mtn Nat Gas Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water Fire Marshal State Hwy Dept(GJ) City Electric Building Inspector Envir. Hlth. Roaring Fork Other Aspen Con.S.D. Energy Center DATE REFERRED: r1 b6 / l (/ INITIALS: FINAL ROUTING: DATE ROUTED: I //r 9f o INITIAL: City Atty X City Engineer Zoning Env. Health Housing Other: FILE STATUS AND LOCATION: MEMORANDUM TO: Bill Drueding, Zoning Officer THROUGH: Amy Margerum, Planning Director FROM: Kim Johnson, Planner RE: Crown Stream Margin Exemption DATE: October 9, 1990 SUMMARY: Planning staff recommends approval of Stream Margin Exemption for the addition of 208 s.f. floor area and 72 s.f. of deck at the Crown residence. APPLICANT: Mr and Mrs. Lester Crown, represented by Gert VanMoorsel, Sutherland / Fallin Architects LOCATION: 1421 Crystal Lake Road (Aspen Club Condos) Unit Cl, Lot 13 Callahan Subdivision. ZONING: R -15 PUD APPLICANT'S REQUEST: The applicant wishes to add 208 s.f. of floor area and 72 s.f. of deck. The new floor area is an expanded bedroom. Attachment "A ". This proposal also required Final PUD approval. This was approved by the Planning Commission on Aug. 21 and by City Council on Oct. 8 as Ordinance 63, an amendment to the Aspen Club Condominiums Final Development Plan. This Stream Margin Exemption is required as a condition of approval. ENGINEERING REFERRAL COMMENT: Having reviewed the application and made a site visit, the Engineering Department has determined that the application meets the requirements for an exemption from full Stream Margin review. STAFF COMMENTS: This project takes place 59.5 feet from the high water line of the Roaring Fork River. The floor level of the proposed expansion is 16 feet above the 100 year flood elevation. Exemption from full Stream Margin review is possible when the following standards are met: 1. It can be demonstrated that any proposed development which is in the Special Flood Hazard Area will not increase the base flood elevation on the parcel proposed for development. This shall be demonstrated by an engineering study prepared by a professional engineer registered to practice in the State of Colorado which shows that the base flood elevation will not be raised, including, but not limited to, proposing mitigation techniques on or off -site which compensate for any base flood elevation increase caused by the development. RESPONSE: The development is proposed at the same level as an existing structure. No change to the base flood elevation will result. 2. Any trail on the parcel designated on the Aspen Area Comprehensive Plan: Parks /Recreation /Open Space /Trails Plan map is dedicated for public use. RESPONSE: Trails are in place on the Aspen Club property. No changes result from this proposal. 3. The recommendations of the Roaring Fork Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable. RESPONSE: The character and use of this site will not be changed. The structure will not be expanded any further towards the river than the existing deck. 4. No vegetation is removed or slope grade changes made that produce erosion and sedimentation of the stream bank. RESPONSE: No vegetation will be removed as the floor area expansion takes place under the existing deck. Any disturbed ground will be sodded of hydromulched as per the PUD Amendment conditions of approval. 5. To the greatest extent practicable, the proposed development reduces pollution and interference with the natural changes of the river, stream or other tributary. RESPONSE: Not applicable. 6. Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of a water course, and a copy of said notice is submitted to the Federal Emergency Management Agency. RESPONSE: Not applicable. 7. A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished. RESPONSE: Not applicable. 8. Copies are provided of all necessary federal and state permits relating to work within the one hundred (100) year floodplain. RESPONSE: The project is not in the 100 year floodplain. STAFF RECOMMENDATION: Staff recommends approval of Stream Margin exemption for the Crown Residence expansion. I hereby approve the Stream Margin Exemption for the 208 square foot floor area addition and 72 square foot deck expansion at the Crown residence. 1, . 1 141.. / :rgerum, r Ynning. Director Date Attachment "A" - Floor Plan and location sketches jtkvj /Crown.dirmemo 3 y 4 a r / /I ' i ll 9 ! ; / \ : 1 / m \\ 1 1 1 \ 1 i prisi:3? Mr �J 1 l/ l' a off$$ \ \ ill j I \ I / / / a e. D 8 � h � g \[ VII' l 77 i i / / / / / 1 y 0 / / a ' e r /_ / a 2,. 77. / : ��� � // / /,i // / fe v a /i ce ae � i-e?i 4N. - - 3 . • Iq- g / -; �/ / // ' „ " "v im / " " 10 / .k' .2/ a ' � ; -y / i/ // / 1 1 e ye . / I.N. ,J , ! V \ to /0/41p,07, / / 1. r 1 -, t "' ,,cam\ - 1 4 V 1 ~ .,( p I f // / 1 /11 c �o � + J I I : p IO 19. -_. �i� .n ' � „or ' / t \ 1 e " g` I1 25 1 Y I La _ .e N , I/ a l 1 (- 0 9 a. ` / •. � "O I N” a � Y f 1 { N e e ' 1 N oM 1 / y'l �� : ( 2 1 . -, "y, / A I N a y � ! / rD ' I ', a cr ti. m I A I 71 ms / t � �: / ol \ mi ' , � J • 1 e 1 . 1 ! / / \" 1 -, \ mom `O - 4 • , J a a n A \ Tom / e $ w 43 JJ _ +� o 1 z l ' s t o O . 1 • 1 \ I ` - \ ° F \ o \ 5 \ x ■ ---)N � 1 ' N , ‘.. imea, m SITE PLAN , w ' CROWN REMODEL 5utherl ; I. 1 t a- II o r T r il I i 3 ?. A T y 2 6 1. A f a ci g a i A I A r] 7 F i a 4 n i j • .. I ' — — i \ I iF y C ,y a \ O 3,f s�, I ' \ / ( J _ ✓ LI c;?(\ t f I Ps \ S It e 1 FLOOR PLAN ..... Dir./ CROWN REMODEL ° a "" ‘sutlkerl ` G.-1 • 1421 ASPEN COLORADO RAKE RO. .. SEN CL m _ N � DO O +vs f < } r " )t,71.4".”". Y 9 PS: i • A r t kg, i 1 4 — ff — #£ 1 ' 3 ,i ■ pi a 1 m - 1� 1 1 1 f c' N < � i A I = �F t -r - • ti n 1 I ,I o a - I —r 1 1 o f t . a i r ,i I r=1 Y n 1 #- r t 11 r � \ ' r • I • CROWN REMODEL telnimPul ' 1421 CRYSTAL LAKE ROAD w..n . �) ASPEN CLUB TOWNHOMES -. ‘" n " � � M � 7 ASPEN COLORADO m� .,o I • re* ose Attachment 4 July 6, 1990 • BUILDING AND SITE AREA SUMMARY OriginalSa.Ft. Site Coverage * Additions Sq.Ft. Sq.Ft. Building A 8895.8 5796.0 578.6 Building B 8895.8 5796.0 446.7 Building C 7870.3 4347.0 446.7 Building D 14975.2 8694.0 1047.9 Building E 6238.8 4347.0 -0- Total 46,875.9 28,980 2519.9 None of the Building Additions resulted in increased site coverage. Mechanical Bldg 481.8 481.8 0 MEMORANDUM TO: Mayor and City Council THRU: Carol O'Dowd, City Manager THRU: Amy Margerum, Planning DirectorQJ FROM: Kim Johnson, Planner lIIIVVNNNN�� DATE: September 28, 1990 RE: Final PUD Amendment for the Aspen Club Condominiums for expansion of the Crown Residence - Second Reading of Ordinance 63 (Series of 1990) SUMMARY: The Planning Office recommends approval and Second Reading of Ordinance 63 (Series of 1990) amending the Aspen Club Condominium PUD Final Development Plan. First Reading was held on September 10, 1990. COUNCIL GOALS: This Ordinance and the Planning Commission's motions reflect Goal #14: To develop a consistent and fair government so that citizens know what to expect from elected officials, employees, and government processes. BACKGROUND: Over the years, small additions to residences within this development were processed by the Planning Office as Insubstantial Amendments, requiring only staff review and director's signature. These "insubstantial" projects began to cumulatively affect the intent of the original PUD and the Planning Office decided to stop processing them as Insubstantial Amendments. Applicants now must provide complete documentation for the entire PUD including floor area, deck area, parking, etc., and must bear the cost of a two -step process. Please see Attachment "A ", memo to P &Z dated August 15. PROBLEM DISCUSSION: For the past year and a half, the Planning Office has recommended to the Aspen Club Condominium Homeowner's Association that they prepare an amended PUD reflecting a new build -out for all units. Upon approval of a revised PUD for the project, individual owners would then be allowed to apply for building permits within the approvals for their unit. This would save a lot of time and money on the part of separate owners. The Crowns have opted not to wait for the Condo Association to provide the PUD Amendment. They have submitted this two -step application in hopes to begin their addition this building season. ADVISORY COMMITTEE VOTE AND KEY ISSUE: By a 6 -1 vote, the Planning and Zoning Commission approved this application on the grounds that 1) this particular proposal has ? L little affect on the entire project given that floor area has exceeded the original approval, 2) it falls within the site coverage established in the original PUD, 3) the applicant has provided extensive research in order to verify the figures in the proposal. The Commission expressed in a separate motion its frustration that the Homeowner's Association has failed to organize a comprehensive PUD Amendment, after repeated requests from the Planning Office. They decided that they would . not hear any further requests for amendment to the Aspen Club Condominium from individual unit owners. With this decision, they hope the Homeowner's Association will be moved to propose a thought -out, unified plan for ultimate expansion for the residential project. RECOMMENDATION: The Planning and Zoning Commission recommends approval of the a Final PUD Amendment for the Aspen Club Condominiums to allow a 208 s.f. expansion of floor area and 72 s.f. expansion of site coverage to the Crown residence. ALTERNATIVES: The Council could choose to deny this request until such time that the Homeowner's Association submit a PUD amendment reflecting a comprehensive build -out plan for the condominium development. PROPOSED MOTION: I move to approve the amended Aspen Club Condominium Final PUD for the expansion of the Crown Residence, Unit C, 1421 Crystal Lake Road, with the conditions forwarded by the Planning and Zoning Commission. I move to have Second Reading of Ordinance 63. CITY MANAGER COMMENTS: J cons" r, Attachments - "A" Staff memo to P &Z Ordinance 63 for consideration jtkvj /crown.ccmemo 2 _ ,4rtiaME,ur ,q„ MEMORANDUM TO: Planning and Zoning Commission FROM: Kim Johnson, Planner RE: Crown PUD Amendment (Aspen Club Condos) DATE: August 15, 1990 SUMMARY: The Planning Office recommends approval with conditions to expand the Crown residence, amending the Aspen Club PUD. APPLICANT: Mr. and Mrs. Lester Crown, represented by Gert Van Moorsel, Sutherland Fallin, Inc. LOCATION: 1421 Crystal'Lake Road, Unit C1 (Lot 13 Callahan Subdivision) ZONING: R -15 PUD APPLICANT'S REQUEST: The applicant requests approval to amend the Aspen Club Condominium PUD to allow a 208 s.f. floor area expansion and 72 s.f. site coverage expansion. REFERRAL COMMENTS: Having reviewed the above application and made a site visit, the Engineering Department has the following comments: 1. This application meets all of the requirements for an exemption from Stream Margin Review. 2. The applicant must submit a plat which includes the following: a. A site plan showing the proposed addition. b. Surveyor's certificate. c. Owner's certificate. d. Certificate for City Engineer's approval. e. Certificate for Planning Director's approval. f. Clerk and Recorder's certificate. g. Certificate for representative of Aspen Club Condominium Association's approval. PROPOSAL: The Crown's seek to amend the Aspen Club PUD to allow a 208 s.f. expansion of floor area and a 72 s.f. addition to site coverage. Their floor area expansion results from enlargement of ' 4 the lower level bedroom to allow for a sitting area type of space. The expansion will take place under an existing deck, and also expands the deck 72 s.f. (the added site coverage.) Please see Attachment "A" for site plan and floor plan sketches. STAFF COMMENTS: As part of the review of this proposal, the applicant has submitted information requesting exemption from stream margin review. This process requires the approval of the Planning Director in an in -house review. Planning staff is in the process of preparing and submitting a memo to the Director for this approval. Planning and Engineering Staff feel that this proposal complies with the exemption criteria and are recommending approval of the exemption. In the past, small additions for rooms and decks have been processed through the Planning Office as insubstantial amendments to the PUD, requiring Planning Director's signature. It became apparent within the Planning Office and to members of the Commission and Council that over time, it was harder and harder . to track the cumulative effects of these "insubstantial" amendments on the overall project in light of the original PUD approval. Planning staff decided not to process any more insubstantial amendments, now requiring an applicant to provide a complete documentation of floor area, deck area, parking, etc. as it might apply to a project. In the case of the Aspen Club Condos, Planning staff has strongly suggested that the homeowner's association assemble a comprehensive package detailing all development on the site. Then, present a proposal to the Commission and Council for future build -out potential for the entire residential complex. Given approval of a comprehensive PUD amendment outlining maximums for individual units, homeowners would then be allowed to simply apply for building permits for these "insubstantial" projects. To this date, the homeowner's association has not organized this overall PUD amendment project. The Crowns have opted to proceed on their own to document the necessary information required for their expansion. Planning Staff still wishes for an overall PUD amendment from the Homeowner's Association for the benefit of future applicants, Commission and Council members, and staff. Attached is the application package provided by the Crown's representative. The two issues surrounding this proposal are floor area and site coverage. Floor Area: The original PUD granted 43,560 s.f. for the townhomes (Attachment "B ") . Calculations provided by the applicant indicate that the project now exceeds this figure with 46,875.9 s.f. Original construction overage combined with "insubstantial" additions probably resulted in this surplus. This situation requires the Crowns to complete an entire PUD amendment as there is no square footage left to consume. The resulting floor area if this proposal is approved will be 47,083.9 s.f. Site Coverage: Site coverage increases can occur as "insubstantial" as long as cumulative increases not exceed 3% of the site coverage (original approval.) Total original site coverage was 46,912.6 s.f. Three percent of this figure is 1,407.4 s.f. To date, the increases in site coverage resulting from deck additions total 1,216.6 s.f. This will allow up to 190.8 s.f. left as "insubstantial" increases. The site coverage resulting from the Crown project is 72 s.f., leaving 118.8 s.f. of expansion as "insubstantial ". Note: The underlying zone district is R -15. The site size for the condos is 6.6 acres. 20 dwellings occupy this land area. If developed as single family lots, each resulting residence could have a maximum floor area of roughly 4,500 s.f. When considering floor area expansion of the condos however, one must take into account the original design concept and impact of the project on the surrounding environment and neighborhood. Character of the structures in regard to bulk and massing, facade elements, and materials should be considered. This project will have little impact on these elements in staff's opinion. This proposal will not carry a parking requirement as no bedrooms are being developed. No additional impacts to roads, utilities, or public facilities will result. There is no existing vegetation at the area of expansion. It is recommended that disturbed ground be sodded or hydromulched as soon as the exterior construction is complete. STAFF RECOMMENDATION: Planning recommends approval for 208 s.f. floor area expansion (72 s.f. site coverage increase) the Crown residence, amending the Aspen Club Condo PUD with the following conditions: 1. A revised Aspen Club Condominium PUD Development Plan must be filed with the Pitkin County Clerk and Recorder within 180 days of approval by City Council. Failure to do so will require the applicant to resubmit the proposal to the Planning and Zoning Commission and City Council. 2. A revised condominium plat reflecting changes to unit C -1 must be filed with the Pitkin County Clerk and Recorder concurrently with the revised PUD Development Plan. The plat shall reflect all of the items referenced in the Engineering referral comments mentioned above. 3. Materials on the addition must match the existing facade. 4. Disturbed ground must be sodded or hydromulched as soon as exterior construction is complete. Prior to issuance of any building permit: s ' r r 5. This project must receive exemption from Stream Margin Review by the Planning Director. ATTACHMENTS: "A" - Application package from applicant "B" - Site data summary from original PUD approval jtkvj /Crown.memo 74-brAftesl-re z" ATTACHMENT u2 July 6, 1990 CROWN REMODEL Project #90 -01.7 Project Description: The Crown remodel consists of a 208 square foot addition on the lower level of unit C1 of the Aspen Club Condomiiniiiums. The Proposed addition will increase the size of an existing bedroom, allowing the space to be used as a sitting area. There will also be some remodeling of the existing bathroom. The plans call for the addition to be located under an existing deck and extends to the building corner covering an existing concrete slab. This deck is approximately 59.5 feet from the 100 year flood plain. The exterior building material, and finishes, including siding, windows and trim, will be specified to match the existing building. As can be seen from the graphics, the project will have no impact on the density, internal traffic circulation and off street parking of the existing Aspen Club Development. Site coverage will be increased by only 72 square feet. Attachment 3 will address the specific information and review standards for stream margin review. Attachments 3b and 4 will demonstrate specifically how the project will be consistent with the character and existing land use of the surrounding area. It will also show how this proposal along with all the cumulative prior approvals meet current standards of development. -- -; s ' . . . 20:11i 31 2 rAct 124 ,....... ... v. . .., 0. . -_-. ,. .._ . . .., N < N .a 44 44 44 4i in .-4 . . . . 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II ti a U 0 0 0 > 11.4.4 0. 0 n. 0. o a non o n.... flu., ft z z v. tc ..t o ri o n. < 0 <° .:' 1 ATTACHMENT #3b &4 CROWN REMODEL Project #90 -01.7 Final P.U.D. Development Plan: The Aspen Club Condominiums are situated on Tots 13 and 13A of the Callahan Subdivision, consisting of five buildings with a total of 20 units and 4 parking garage structures. We are requesting an Amendment to the P.U.D. allowing a 208 sq. ft. addition to the existing development. There will be a minimum impact on the existing vegetation. No trees will be removed and there is almost no existing ground cover to be removed under the existing deck. Density will not be increased by expanding the existing bedroom. No required parking or alterations of current traffic and pedestrian circulation will be necessary. Architecturally, the building specifications call for all exterior material and finishes to match the existing construction. This includes windows, siding and trim. The addition is nearly obscured by trees and vegetation minimizing any visual impacts. Most important to this application is the impact of the proposal on the developments existing site coverage. As can be seen from the drawings, the addition is located under the existing deck and extends west to the corner of the building. The existing deck above is extended over the roof of the proposed addition creating and increase of 72 sq. ft. of site coverage. In our research and survey of the Aspen Club Condominiums we have compiled a complete and current summary of the projects original area calculations and all approved additions to date. This list is attached for your reference. The total original site coverage is 46,912.6 sq. ft. Amendment of a PUD dictates that the overall coverage of structures on the land not be increased more than 3% or by more than 1407.4 sq.ft. The total cumulative site coverage of all prior approvals is 1216.6 sq.ft. This leaves a remainder of 190.8 sq.ft. of allowable site coverage. As can be seen, the proposed Amendment is within this standard. The building F.A.R calculations are given so an overall view of the project can be made. This also shows the original projects nonconformance with the R -15 zoning. In conclusion, we feel the proposed project meets all the general and specific review standards for PUD amendment. We have attempted to demonstrate this in our application. The proposed project is consistent with the character of the existing land use and will have virtually no adverse affects on the future of the Aspen Club Townhomes or any development of the surrounding area. Attachment 4 July 6, 1990 BUILDING AND SITE AREA SUMMARY OriginalSq.Ft. Site Coverage * Additions Sq.Ft. Sq.Ft. Building A 8895.8 5796.0 578.6 Building B 8895.8 5796.0 446.7 Building C 7870.3 4347.0 446.7 Building D 14975.2 8694.0 1047.9 Building E 6238.8 4347.0 -0- Total 46,875.9 28,980 2519.9 • None of the Building Additions resulted in increased site coverage. Mechanical Bldg 481.8 481.8 Attachment 4 July 6, 1990 Covered Parking Garages Garage 01 - 10 3403.3 Garage 11 - 18 2613.8 Garage 19 - 33 4604.0 • Garage 34 - 40 3253.9 Total Building Site Coverage 43,336.80 Above Grade Decks Site Coverage Additions Sq. Ft. Sq.Ft. Building A 828.4 -0- Building B 618.0 137.0 Building C 628.5 137.0 Building D 1037.4 226.0 (Storage Unit) 14.6 Building E 463.5 102.0 Total 3575.8 1216.6 Y so ` • • Attachment 4 July 6, 1990 Total Site Coverage 46,912.60 Total Allowable Site Coverage Increase 46,912.60 x 3% = 1,407.38 Total Cumulative Approved Site Coverage 1216.6 Total Remaining Allowable Site Coverage 190.78 ATrNiNnIr 1 LAND USE APPLICATION FORM 1) PLoject Name Crown .aodel 2) Project location 1421 Crystal Lake Road, Aspen Club c ondominiums unit C1 Lot #13 Callahan Subdivision, Aspen, CO (indicate street address, lot & block nUmber, legal description where appropriate) 3) Present Zoning P.U.D. /R -15 4) Lot Size N/A 5) Applicant's Name, Address & Phone # Mr. & Mrs. Lester Crown 222 N. raSalle #2000 Chicago; IL 60601 (312) 251 -0565 - 6) Representative's Name, Address & Phone # Sutherland, Fallin, INC. 1280 Ute Ave. Aspen, CO 81611 925 -4252 7) Type of Application (please Oheck all that apply): Conditional Use _ Conceptual SPA Conceptual Historic Dev. _ Special Review _ Final SPA _ Final Historic Dev. 8040 Greenline _ Conceptual PUD _ Minor Historic Dev. X Stream Margin X Final Pi7D Historic Demolition Maintain View Plane _ Subdivision Historic Designation Q ndominiumi nation _ Text/Map Anenrinent _ GCS Allotment oft _ Tot Split/Lot Lire ____ CMS Eua®ption Adjustment 8) Description of Ek sting Uses (number and type of existing structures; approximate sq. ft.; number of bedrooms; any previous approvals granted to the Ply) - :ee Attachment 3b • 9) Description of Development Application See Attachment 2,3,4 .NA 6m0 10) five you attached the following? Response to Attachmment 2, Mini m m+ Submission Contents X Response to Attachment 3, Specific Submission Contents X Response to Attachment 4, Review Standards for Your Application 3 0 0 ATTACHMENT u3 July 6, 1990 CROWN REMODEL Project 1190 -01.7 Stream Margin Review: As can be seen from the attached topographic plan, the proposed project is located approximately 59.5 feet from the 100 Year Flood Plain. The elevation of the flood line at this point is 7978.2 feet. The floor elevation of the bedroom expansion is 7994.3 feet making the proposed floor level 16.1 feet above the 100 Year Flood Plain. Because of the project's location underneath an existing deck and partially on top of an existing concrete slab, there are no significant natural features and trees impacted. No slope grade changes or vegetation will be altered outside of the deck line. Construction of the foundation will include spread footings a minimum of 3' -6" below grade with a 4" perforated drain tile and gravel allowing water to drain to daylight. Also planned is the use of #4 rebar dowel at 32" o.c. connecting the footing to the foundation wall. A bituthane waterproofing membrane will be applied on the outside of the foundation wall and a polyethylene vapor barrier will be used under the slab over 8" of compacted gravel to protect the addition from moisture and water. ATTACHMENT u2 July 5, 1990 CROWN REMODEL Project #90 -01. P.U.D. Amendment/Stream Margin Review: Attached are the following items: 1. Authorization Letter signed by the Applicant. 2. Property Legal Description: Unit C1, Lot 13, Callahan Subdivision, City of Aspen, Co. 3. Release of Deed of Trust and Warranty Deed of the Property. 4. Scaled Vicinity Maps indicating the 300 foot radius surrounding the proposed development. 5. A writen description of the proposal concurrently addressing theStream Margin Review and PUD Development Applications. Included are the following graphics. a. Topographic Site Plan indicating the 100 Year Flood Plain, High Water Line and all applicable Elevations and Distances. b. Preliminary Building Elevations. c. Preliminary Floor Plan. - 222 North LaSalle Street, #2000 3004Y. Waahingtan Chicago, Illinois 60696 60601 May 22, 1990 Ms. Kim Johnson Planning Department City of Aspen 130 South Galena Aspen, Colorado 81611 Re: Crown Remodel Aspen, Col Dear Ms. Johnson: Sutherland, Fallin Inc., 1280 Ute Avenue, Aspen, Colorado, Telephone (303) 925 -4252 is authorized to serve as our representatives for the addition to our Aspen Club Townhouse. Sincerely, A f .ecawo... Mrs. Renee Crown RC:gc Enc. No. 36. WARRANTY DEED— Short Form. f4 auoord Publishing Cu., le21 lG Stout Street, Denver, Colorado 1673 6010 —12-77 a , t THIS Dp DEED, UU Madethis of - fg day of 1— 0o , 19 79 ,between E B HJONQUIL GRAVES f thpshirc,England and ULIET FORD of Yellow Knife, Northwest` ritory, s o part, and LESTER CROWN AS TRUSTEE OF LESTER ASPEN TRUST UNDER TRUST AGREEMENT DATED D Y'u tabs1978Chicago , Illinois 60606 300 West Washington Street Illinois of the County of Cook and State oDQAXatatalfof the second part: WITNESSETH, That the said part .ies of the first part, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration'¢, to the said part ies of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, ha ve granted, bargained, sold and conveyed, and by these presents • do grant, bargain, sell, convey and confirm, unto the said party of the second part, hi S heirs and assigns forever, all the following described lxoc real Dt icxatpropertybfta$ situate, lying and being in the County of Pitkin and State of Colorado, to wit: Condominium Unit C -1, Building C, The Aspen Club Condominiums, according to the Condominium Map thereof recorded in Plat Book 6 at page 20 and according to the Condominium Declaration thereof recorded April 29, 1977 in Book 328 at page 80 and Amendment thereto recorded August 17, 1977 in Book 333 at page 722; SUBJECT to the terms, provisions and obligations of said Condominium Declaration and amendment thereto. ,4T�tdE DfitiiiiNTART RE FEB 2PAID s0 BI99�1 'aS60aY90."177Q02�LBGD4967CN@i TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and all the estate, right, interest, claim and demand whatsoever of the said part 1 of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. emu . o'clock — M.. & 0 R ‘ler BOOK 590 PatiE900 . RELEASE OF DEED OF TRUST . I 9 2 9 U 8/10/89 Date • David w. Burnford, as a single person Grata (Borrower) SILVIA DAVIS • The Empire Savings, Building and Loan soc ro PITKIN CNTY RECORDER �ngmal Beneficiary y O 8/17/77 (Lende 17 a ie Phl Date of Deed of Trust AUG fl 8/30/77 Recording Dam of Pitkin Deed of Trust County of Recording 197056 - w Reception and/or Film Nos. of Recorded Deed of Trust oopoos 334 295 Book and Page of Deed of Trust • i. Doak Na. r.D. Na. TO THE PUBLIC TRUSTEE OF ' Pitkin + �1 • County (The Public Trustee to which the above Deed of Trust conveys the said V P a ) as Please execute this release, the indebtedness has as been en fully paid and/or the terms and conditions of the trust have been . fully satisfied. • Commercial Federal Savings and Loan Association f /k /a The Empire Savings, Building and Loan Assam ation S Karen L. Morey, Vice President Como awkn..r M y Ne s W This of Apsi SiDasa Sisson \ ` I / V KNOW ALL MEN, that the Lbove referenced Grantor(s), by Deed of Trust. conveyed certain real property described �� • in said Deed of Trust. to the Public Trustee of the County referenced above, in the State of Colorado to be held in trust to . secure the payment of the indebtedness referred to therein. NOW THEREFORE, at the written request of the legal holder of the said indebtedness. and in consideration of the premises and the payment of the statutory sum. receipt of which is hereby acknowledged, I. as the Public Trustee in the County first referenced above, do hereby remise, release and quitclaim unto the present owner or owners of said real I property, and unto the heirs, successors and assigns of such owner or owners forever. all the right. tide and interest which l . have under and by virtue of the aforesaid Deed of Trust in the real estate described therein. to have and to hold the same, 1 ' • with all the privileges and appurtenances thereunto belonging forever. and further 1 do hereby fully and absolutely release. n ? :; . n w...x w rT 6 5 . 3 4 " cm A IN el i A r a ; m et, n $ n O ` $$ = = $ 0 a 3 3 -i " . 0 7 R H o t A I ,y C et o c 2 I > m C 2 o I o R S _ O 17 C G To County Recorder: Return recorded instrument to: • 1 . C., t) • Attachment 5 July 6, 1990 PROPERTY OWNER LIST CALLAHAN SUBDIVISION Unit A -1 Richard Miller C/O David Cohn P. O. Box 2153 Santa Monica, Ca. 90406 Unit A -2 The Glick Family Trust c/o Aurthor Glick 1033 Maybrook Drive Beverly Hills, California 90210 Unit A -3 BHB -SAB Childrens Trust No. 2 P.O. Box 796152 Dallas, Texas 75379 Unit A -4 Barry and Julie Smooke 155 Fifth Anita Drive Los angeles, California 90049 Unit B -1 Pride 21 Corporation 21 East 63rd. Street New York, New York 10001 Attachment 5 July 6, 1990 Page 2 Crown Property Owners Unit B -2 Reginald M. Jackson C/O J.C. Milner and Co. 6615 E. Pacific Coast Highway #260 Long Beach, Califomia 90803 Unit C -2 John D. Hickkok Marital Trust c/o Johnson County Bank N.A. 6940 Mission Road Prairie Village, Kansas 66208 Unit C -3 Mary Joan Farver 2609 Spring Grove Terrace Colorado Springs, Colorado 80906 Unit D -1 Boyd L. Jefferies 3250 Beach Club Road Carpinteria, California 93013 Attachment 5 July 6, 1990 Page 3 Crown Property Owners Unit D -2 Anne Burnett Hindfohr c/o Kirkwood and Darby Inc. 777 Main Street Suite 830 Fort Worth, Texas 76102 Unit D -3 Oscar L. and Pat H. Gerber 4656 West Toughy Avenue Chicago, Illinios 6089 Unit D -4 Charles H. Goodman 300 West Washington Street Chicago, Illinios 60606 Unit D -5 Ellen Roeser 5849 Merrymount Road Fort Worth, Texas 76107 Unit D -6 C. & R. Investments c/o Irwin J. Blitt 8900 Stat Line Road Suite 333 Leawood, Kansas 66206 • LL • , Attachment 5 July 6, 1990 PROPERTY OWNER LIST CALLAHAN SUBDIVISION Lot 4 Michael L. Shinn 4218 Waralae Avenue Honolulu, Hawwaii 96816 Lot 5 John A. Elmore H P.O. Box 381 Wrightsville, North Carolina 28480 Lot 14 Richard T. Butera 520 East Durant Avenue Aspen, Colorado 81611 Lot 14 A Andrew V. Hecht 601 East Hyman Avenue Suite 201 Aspen, Colorado 81611 Lot 15 Aspen Club International, Inc. 1450 Crystal Lake Road Aspen, Colorado 81611 MEMORANDUM TO: Kim Johnson, Planning Office FROM: Jim Gibbard, Engineering Department w DATE: August 3, 1990 RE: Crown PUD Amendment and Exemption from Stream Margin Review Having reviewed the above application and made a site visit, the Engineering Department has the following comments: 1. This application meets all of the requirements for an exemption from Stream Margin Review. 2. The applicant must submit a plat which includes the following: a. A site plan showing the proposed addition. b. Surveyor's certificate. c. Owner's certificate. d. Certificate for City Engineer's approval. e. Certificate for Planning Director's approval. f. Clerk and Recorder's certificate. g. Certificate for representative of Aspen Club Condominium Association's approval. jg /crown cc: Chuck Roth • n • August 8, 1990 City of Aspen Planning Department Aspen, CO 81611 To Whom it May Concern: This letter is to certify that the notices for the August 21 Planning/Zoning public hearing for the Crown Remodel requesting final PUD approval, were mailed on August 8. S' cerely /L Gert VanMoorsel SII°I°I FALUIN.INC Bruce Sutherland, President ° Richard Faliin, Vice President ° David Paunico, Associate Architecture 8e Planning ° 11280 Ile Avenue ° Aspen, Colorado 811611 ° 303/925 -4252 ° FAX 303/925 -2639 0 v rn rn il U l U T ti a) M M (o d a0 ea (t X N W y+ C 0 N (NI o 0 !" 22 LL V d cc cc -o d a 7 com 7 0 T r 0 J d W IN. ca ca O w 7 co coMMco Th O V ) C o o )A O) it Z C t.h(o(o� O i C LL O)O)00 a0� C LL •a: •a: 4 •a: cc; W ca o — a) OOMMao .` d 00up0 CC F O I- NNNNO� 0 NrNrOo co • "r 7 7 ` U O o 0 0 U a o 0 w a) N N m E E • V- o 0 V) o 0 N N c' M o w 0 C # 0 ) a # a) 0 o to m m Et O C J a) a E ;* CC 4* r. rNMit D a-• rNMV o aaaa c aaaa ° ' D z D a) w o Q > O 0 m 0 0. 0 NNNN CO d NTr (o co N N N N J o gat wt Y •p et it igt Nt { d T r T T 13 T T T T C D a w a it CO 0 , ow O N a) CA T • co ui 0_ _T i N. • tD Ctl — as co C tt Tr Tt Ts a 0 0 0 0 = = fi r` M M v tc V- d r r 0 Q 7 N 0 a) O Ca To p M CO CD M OO tC) C LO N U) C{) a0 C O C W 000o03 •_ LL CfL ` tU MOOMM t rrr Q NNNNaO Q N N 0 j w E %, 0 0 0NN0 w O v 0 x CC 0 Q J Q it 0= it Ti = r N M Tr m - r- NM c/' C 0000 F— E 0000 O = Z n L. 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M Q Ntttnf0 • — a) O O N •` a) r r r et 0 NNP40 O O 7 7 N N w% .7 N to ao E E c o w-o c 4 o MnM W 4 O E cu O CO < m 2 a 0 ) J .0 Q iV zt et # C a _ rNCO M r rNM 0 C WwW 1— C wWW 2 _ 2 Z = V tU' w td oQ w > p E a m ir? a) tArM N d Metes o C d J V ti v Y V et 17 et 1- 3 1 72 r r r Q v rrr a ,_ D Q w Q Q 0 u. m 0 7 RECORD OF PROCEEDINGS PLANNING & ZONING COMMISSION AUGUST 21. 1990 Chairman Welton Anderson called meeting to order at 4:30pm. Answering roll call were Graeme Means, Bruce Kerr, Roger Hunt, Jasmine Tygre, Mari Peyton, Sara Garton, Richard Compton and Welton Anderson. COMMISSIONER'S COMMENTS Roger: Last night the City Council in a work session basically approved going ahead with the trolly plan. The next step is for them to take official action to sponsor the SPA for it. STAFF COMMENTS Leslie: Just a reminder that you have a joint meeting on the highway on August 28th at 2:30. PUBLIC COMMENTS There were none. MOTION Welton: Resolution recommending to Board of County Commissioners that the building envelopes be kept off the Midland ROW. Roger: I move to adopt Resolution #90 -11 concerning Midland ROW. Jasmine seconded the motion with all in favor. MINUTES JUNE 6. 1989 Jasmine made a motion to approve minutes of June 6, 1989. Bruce seconded the motion with all in favor. MINUTES SEPTEMBER 12, 1989 Graeme made a motion to approve minutes of September 12, 1989. Bruce seconded the motion with all in favor. ICE GARDEN REZONE PUBLIC HEARING Welton opened the public hearing. PZM8.21.90 Kim Johnson made presentation as attached in record. We did get 3 calls from neighbors -- inquiries for the most part. After they heard what the re- zoning was involving they didn't have any objections to the re- zoning. Welton asked if there was any public comment. There was none and he closed the public hearing. MOTION Roger: I move to approve the re- zoning of Lots A through I, Block 54 from R -15 to Public. Jasmine seconded the motion with all in favor. CROWN PUD AMENDMENT PUBLIC HEARING Welton opened the public hearing. Kim made presentation as attached in record. Gerd: Wfhat you have in; front of you is basically the summary of all the numbers we have. Also I have submitted to Kim is a breakdown of all the units, all their square footage in terms of an FAR calculation, all the deck areas, all the additions that have been done, all the bedroom additions -- basically all construction including storage units that have been done in that project to date that we are aware of. It has all be included and we feel that all of these numbers are as acurate as you are going to get. We feel that there is a pretty accurat record there of the cummulative impact of the Aspen Club. Sara: If we approve the Crown proposal, does that then change the PUD amendment to increase what is allowable and the FAR for this project for everyone? Kim: No. This is very unit- specifi9c. If the project had come in in a kind of a class action application and they all wanted to know for in the future that they could each have l80sgft then we would be looking at all those square footages combined adding them to the current figures and then calling that the new PUD approval. What the Planning Office is trying to get out of the Condominium Assocuation is that it would nto require then each individual 2 PZM8.21.90 applicant to come through this process. Rather if they got a blanket approval for X square feet then each individual owner could just pull a building permit. The application would be done. Sara: Shouldn't there be a formal survey of existing improvements to go with this application to show all the existing improvements that have been doen instead of just calcualtions. Sutherland: A year or two ago Aspen Club Units kept coming in for bedroom -type expansions and decks. The bedroom units were coming in one at a time over 4 or 5 years. I think there has been at least 4 or 5 bedcroom expansions. Each time we had to go back through the issue of adding another car, counting the cars, etc. The last time that happened it was a couple of years ago. There was 2 projects approved. One which was constructed and the other has not been. The point was at that time we should somewhere along the line the Aspen Club produce a build -out from day one. That is in the process now and it is going to be another 6 months or a year before they get any kind of read out of who wants what. The Crown felt this has been ongoing for a year or so and that probably will continue for another year. The Crown felt that they are going under a deck that exists and only adding 72ft and that they did not want to wait for that long process. They are not asking for bedrooms which require parking so that is why they took this action rather than wait for the full blown which might or might not come in a year. They are adding 72ft and going in under an existing deck and expanding a bedroom and is not a substantial thing. Bruce: Who decides whether the Crown applicatrion is entitled to receive the 72sqft site coverage of the remaining 19.8 recognizing that it is an insubstantial change. How do we know that there aren't other homeowners that are part of this that may want that 72ft. How do we decide who barely gets this remaining 191sgft? Kim: Because we have tried to work with the Homeowner's Association and get them moving in this direction and haven't seen any substantial progress made, we the Planning Office doesn't feel like we should impede any individual who is willing to pay $1,700 in planning fees and archiectureal fees and the time and effort that Gerd has put into this research that it is basically first come first serve. Bruce: Wouldn't it be wise to get a part of that approval to 3 PZM8.21.90 refer to this remaining square footage and that we are approving this one owner to have 72sgft of that. Gerd: I think the Homeowner's Association is aware of the fact that they are very close to reaching the buildout in terms of the site coverage. Bruce: It might be for your protection to have them filled in for whatever approval that the Homeowner's Association grants so that it is very clear on the record that there is only 191sgft left and you are getting 72 of it. Sutherland: The Homeowner's Association has been contacted and they have to respond in a certain percentage. The way it has been in the past has been on a first come first served basis. Roger: I am adamently in favor of the ultimate buildout proposal. My question is is there a way of doing that that is not unit specific. That we can determine the maximum buildout that is a set number and the insubstantial changes can keep coming in and be approved by the director up until the limit and that is it. Richard: In the memorandum it says the original PUD granted 42,560sgft for the townhomes. Calculations provided by the applicant indicate that the project now exceeds this figure with 4,6875.9sqft. Then it say total original site coverage was 46,912sgft. Now where are these different numbers coming from? Kim: One floor area and one site coverage. Welton: I can tell you what is probably going to happen. One other person is going to come in with 118.8sqft of additional site coverage. It will all be used up. The rest of the association will say "Well, we want to have our piece of the pie ". They will com in with an overall PUD amendment for what we have been asking for for the last 2 years because there will finally be some pressure when the next person wants to do it. When the next person does it it will be all used upand they will have to do an overall comprehensive kind of planning effort in order to get the numbers re- adjusted so that somebody else can do something. Every time 100sgft has been added to one of these units it has come through as a PUD amendment. The PUD has been amended so the ultimate square footage of the project has changed because each time PUD amendment has been processed and approved the number has risen. Well that number is as far as site coverage is concerned is getting to the point where it can't be exceeded any further. 4 PZM8.21.90 It is up to the applicants, architects and representatives to let the association know where they stand. It is not up to us. They are using up what they have left and we have been approving it on a piecemeal basis. We just can't keep doing that once it all runs out. Bruce: To the applicant: Do you have any problems with the staff conditions as outlined in the memo? Gerd: No we don't. Welton asked if there was any public comment. There was none and he closed th epublic hearing. MOTION Bruce: I move to recommend to City Council approval of the Crown PUD Amendment subject to the conditions listed in the Planning Office memo dated August 15, 1990. Roger seconded the motion. Roger: I think it is time that on any PUD that when the first amendment of that PUD comes in wanting a bedroom I think at that time we have to look at the overall project and say "Hey, what is the maximum buildout of these additional bedrooms ?" I am really upset by the piecemeal increasing of the floor area additing abedroom at a time through this PUD process because the building was originally approved as an entire package. I would really like it established that fdrom here on out that on PUDs where they are requesting an amendment to add a bedroom that from here on out we look at the entire project and find out what we are going to accept as a maximum. From here on out I would rather not see this type of PUD amendment with knowing what the ultimate is going to be. Welton: I wouldn't think that it would be innappropriate after the motion is on the floor and has been voted on for another motion to be made that says perhaps a specific deadline timetable to the Aspen Club that this is something that has been required of several other applications in the past and that this is going to be the last one that is going to be approved on a piecemeal basis and that from now on the next one that comes through is going to have to be piggyback on an overall look at where you started off, where you arenow and where you think you might ultimately be even if it is going to be 10 years before you get there. 5 PZM8.21.90 Jasmine: Part of my concern is that more often than not a PUD approval is a very closely negotiated process which involves a lot of considerations about parking, massing, clustering, building, etc. And that there should be more involved in a kPUD amdndment than just because somebody wants it. Mari: It bothers me to be approving something just because an owner wants it. If it were a right, then we wouldn't be sitting here. It is something for us to decide based on those criteria and I don't think those criteria have been addressed at all. Welton: I disagree. I think this criteria is so vague that nothing more than just a general idea or outline - -there is nothing there that talks about -- nothing you can really hang- - Mari: I am also thinking about it in the incremental amendment of a PUD can totally overwhelm what the original negotiated deal was. Welton: This individual has gone throught the process in good faith to exercise the same rights that have been granted in the past. I think a fair warning was given to the next person that maybe they could get some momentum going. I don't think it is fair of us to hold this applicant hostage for something that is not their fault. Welton: There is a motion on the floor and a second. Is there any further discussion? Roll call vote: Graeme, yes, Bruce, yes, Jasmine, yes, Mari, no, Richard, yes, Roger, yes, Welton, yes. MOTION: Roger: I move that from here on the Zoning Commission and the Planning Office not accept amendments to establish PUDs that include additional bedrooms specifically and what may be more than an insubstantial increase in floor area as well from any ;individual unit in any PUD project without having at least at the same time the overall project's plan for maximum buildout. Welton: I cannot support - -it encompasses the entire town and every PUD in the entire town and anybody that might want to have that accidentally has a PUD overlay that wants totear down an outhsouse it just - -I was being very specific on something that we have been discussing for 10 years that we came of a conclusion on a year and a half ago about the Aspen Club. Jasmine seconded the motion. 6 PZM8.21.90 Bruce: I won't support this motion either. I would be more comfortable with us setting a policy for staff that states what they stated in the memo that they are trying to discourage these insubstantial amendments. I don't know how we can take away a property right of an individual property owner and if he wants to go throught his 2 step process, pay the fees and take his chances with us and Council to try to get an amendment - -we are talking about somehow amending the code and taking away somebody's property right. I don't know how we can do that. Graeme: Could we make the Homeowner's Association apply for the PUD amendment rather than an individual. This would make more sense. Roger: I agree. Jasmine: What happens under Bruce's scenario is that anybody who has money comes in for an amendment and there is no grounds whatsoever to deny it because you are assuming this is a right. But it isnot a right because you have already agreed to a specific PUD agreement. But if you just keep on allowing people to do this then you never have grounds for denying anybody doing this. Mari: It also bothers me thast what we are saying is "You have the right if you have the money to go through this process." Welton: I don't think we can do what Roger is suggesting that we do without a code amendment. Mari: Maybe we need a code amendment. Welton: Well then let's do a code amendment. But the motion that is on the floor is not addressing any kind of ultimatum to the Aspen Club. It is just saying blankly all over town PUD amendments which are written into the code to allow for relatively simple 2 step $1,700 process that they are not available to anybody because of a situation at the Aspen Club unless they go through a full blown PUD rather than just a PUD amendment. - Kim: I think we need to remember that there are a lot of areas in town that have PUD overlays that the development that is there now does not fall anywhere near the intensity or scale of this one and that might compound Planning Dept's work load as well as your own if we start seeing duplexes and triplexes that want to add a porch or something like that. 7 PZM8.21.90 Graeme: I think if you get the proper applicant in here who is the homeowner's association or the owner of the project at that time -- somebody who is going to represent the project rather than an individual I think that would solve the problem. Roger withdrew his motion at this point. Jasmine withdrew her second to the motion. Welton: I would entertain a motion along the lines very specifically that a resolution be drafted by the Planning Office to the Aspen Club Condominium Association that this is trhe last individual application that will be accepted by the Planning & Zoning Commission or reviewed that will be accepted by the Planning Office or reviewed by the Planning & Zoning Commission for any POD ammendments and that the direction of a year or more ago that an overall comprehensive look at ultimate build -out be presented all at once rather than being presented in a piecemeal fashion. Richard: I will so move that prior to any further individual applications for expansion of units of the Aspen Club that a masterplan be submitted. Welton: What I want it to say is that as of this point it is our direction that the Planning Office not accept any more applications on an individual basis and that we won't review any more applications on an individual basis until the condition of a year and a half ago is met. Richard: OK. Bruce: Point of clarification: Are you talking about any amendments or insubstantial amendments? Richard: As I understand it there is no such thing as insubstantial amendment at this point because that covers matters not additions to units being new bedrooms, expansion of bedrooms and decks. Kim: That is not insubstantial. But conceivably there could be a bonified insubstantial that needed to be filed. Welton: There is a motion on the floor. Is there a second? Jasmine seconded the motion. Roger: My only criticism is that this is fine for this specific problem but I can forsee other problems coming up and I think we should as well either in the form of a motion as far as policy 8 PZM8.21.90 direction to go by the Planning Office or something on that order cover future ones that are going to come in so the Planning Office can identify those when they come in and warn the people that the nature of this beast is such that they are going to want an overall plan. Welton: May I suggest that after this motion is voted on that you make another mtoion that the Planning Office fit in a discussion of PUD amendments into a work session some time in the next few months that we can look at the variety of PUDs and PUD amendments and how we can correct this problem that has been a subject of altogether too much discussion over the last 10 years when individual owners as opposed to whole associations have been coming in in bits and pieces fashion. Graeme: I would second that one. Welton: We have a motion on the floor. Roger: Call the question. Welton: All in favor signify by saying aye. Everyone voted in favor of the motion except Bruce and Graeme. MOTION Roger: I move for the Planning Office as soon as possible to get on the agenda the topic under discussion here so we can arrest this problem. Jasmine seconded the motion. Everyone voted in favor of this motion. WHITCOMB FINAL PUD PUBLIC HEARING Welton opened the public hearing. Kim made presentation as attached in record. Richard: They ;are asking for the maximum allowable FAR on the site. Kim: The floor area that they have used in their upper end is the floor area that would be allowed for a duplex in R -6 zone given the whole lot area - -not using the slope reduction calculations in PUD. Their existing credit is a duplex. So Bill Drued;ing, I, Leslie and Amy came to the conclusion that we would 9 PUBLIC NOTICE RE: CROWN PUD AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, August 21, 1990 at a meeting to begin at 4:30 pm before the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room, 130 South Galena Street, Aspen, Colorado to consider an application submitted by Sutherland Fallin, Inc. on behalf of their client Lester Crown requesting approval of an amendment to the Aspen Club Condominiums Planned Unit Development in order to expand Unit Cl by 208 square feet. The property is located at 1421 Crystal Lake Road, Unit Cl, Lot 13, Callahan Subdivision. For further information, contact the Aspen /Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920 -5090. s /C. Welton Anderson, Chairman Planning and Zoning Commission Published in The Aspen Times on July 26, 1990. City of Aspen Account. s. • -1/a6 fit-