HomeMy WebLinkAboutLand Use Case.100 Clubside Dr.A45-97 3ELOAD SUMMARY SHEET - CI' 3F ASPEN
DATE RECEIVED: 6/12/97 CASE# A45-97
DATE COMPLETE: STAFF: Sara Thomas
PARCEL ID# 2735-112-02-033
PROJECT NAME: Maroon Creek Club, Lot 50 Insubstatial Amendment
Project Address: Maroon Creek Club Hwy 82, Aspen
APPLICANT: RL Development, Inc. Bob Bowden
Address/Phone: P.O. Box 1471, Aspen (970)544-2000
OWNER: same
Address/Phone:
REPRESENTATIVE: Bill Poss & Associates
Address/Phone: 605 E. Main St. Aspen 925-4755
RESPONSIBLE PARTY: Applicant Other Name/Address:
FEES DUE FEES RECEIVED
PLANNING $450 PLANNING $450. #APPS RECEIVED 1
ENGINEER $0 ENGINEER $ #PLATS RECEIVED 1
HOUSING $0 HOUSING $ GIS DISK RECEIVED:
ENV HEALTH $0 ENV HEALTH $
CLERK $ CLERK $ TYPE OF APPLICATION
TOTAL $450. TOTAL RCVD $450. Staff Approval
Review Body Meeting Date Public Hearing ?
P&Z EYes ❑No
CC ❑Yes ❑No
CC (2nd reading) _Yes ❑No
REFERRALS:
❑ City Attorney ❑ Aspen Fire Marshal ❑ CDOT
❑ City Engineer(DRC) ❑ City Water ❑ ACSD
❑Zoning ❑ City Electric ❑ Holy Cross Electric
❑ Housing ❑ Clean Air Board ❑ Rocky Mtn Natural Gas
❑ Environmental Health ❑ Open Space Board ❑ Aspen School District
❑ Parks ❑ Other: ❑ Other:
DATE REFERRED: INITIALS: DATE DUE:
APPROVAL: Ordinance/Resolution # Date:
Staff Approval Date:
Plat Recorded: Book , Page
CLOSED/FILED DATE: 7/,)//9 , INITIALS: S u"A\--
ROUTE TO:
bit
and associates
605 EAST MAIN STREET
ASPEN.COLORADO 81611
TELEPHONE 970/925-4755
FACSIMILE 970/920-2950
June 2, 1997
Aspen/ Pitkin Planning and Zoning
130 South Galena
Aspen, CO 81611
RE: Lot 50, Maroon Creek Club; Insubstantial Amendment to Approved PUD or
SPA Plan; Attachment 4, section 1(a), (i).
Attachment 4, 1 (a): There has been no change in the use or character of the
proposed development.
Attachment 4, 1 (0: This submission is consistent with the detailed
submission dated 07/26/91. The primary revisions
made since the detailed submission are private and
common underground garages versus private individual
underground garages and an overall reduction in the
massing of the buildings.
AITAa arr 1
LAND USE APPLICaTICCJFORM
1) Project Name CLUBSIDE AT MAROON CREEK , LOT 50 MAROON CREEK CLUB
2) Project Location LOT 50 , MAROON CREEK CLUB , ASPEN , CO
(indicate st`eet address, lot & block nux es, legal dre-ription where
arorpori.1;:e)
3) Present Zoning P.U . D . 4) Lot Size 3 . 606 ACRES
5) Applicant's Name, Address & Phone 4 RL DEVELOPMENTS , INC . , BOB BOWDEN
P . O . BOX 14/1 . ASPEN. CO . 81612 ; (970) 544-2000
6) Representative's Name, Address & phone ¢ BILL POSS & ASSOCIATES
605 E . MAIN STREET , ASPEN , CO , 81611 ; (970) 925-4755
7) Type cf Application (please check all that apply) :
—
Conditional Use — Conceptual SPA — Conceptual Historic Der.
— Soecial Review _ Final SPA — Final Historic D2vv.
3040 Greanline _ Conceptual POD — Minor Historic Dev.
Stream Margin — Final FUD — Historic Demolition
— Mountain View Plane — Subdivision — Historic Designation
( c inn tnnization _ Text/Map Amorrnmt - avCS Allotment
Lot Split/Lot Line — Q„SZS E tion
Adjust-cent
8) Ct niption of Existing Uses (number and type of east
approximate sq_ ft. : number of bees: any previcos approvals ��:
property) .
aPP 4 to the
NflNF - CEP CTTF PTAN ATTACHED
9) Description of Development Application
INSUBSTANTIAL AMENDMENT
10) Have you at Lathed the following?
X Re rse to Attad'' ''rt 2, Minima St,tmicsion Contents
Y Response to Attachment 3, Specific Subnissicn Contents
Y Response to Attacimiant 4, Review Standards for Your Application
06/03/97 TUE 07:53 FAX 1 970 945 5948 _ SCILMUESER GORDON MEYER 2 001
May. 27. 1997 1 ;26P11 PITKIN COUNTY TITLE No. 7394 P. 1/5
g7oz O
�z
COMMITMENT FOR 1��TLE INSURANCE
SCHEDULE A
1. Effective Date : 05/01/97 at 08 :30 A.M. Case No. PCT11796
2 . Policy or Policies to be issued:
(a) ALTA Owner' s Policy-Form 1992 Amount$
Premium$
Proposed Insured: Rate:
(b) ALTA Loan Policy-Form 1992 Amount$ 4, 000 . 000 . 00
Premium$ 3,497 .00
Proposed Insured: Rate:RE-ISSUE
ALPINE SANK, IT' S SUCCESSORS AND/OR ASSIGNS
3 _ Title to
referred FEE is interest in the or
hereof
vested in:
RL DEVELOPMENTS INC. A COLORADO CORPORATION
4 _ The land referred to in this Commitment is situated in the County
of PITKIN, State of COLORADO and is described as follows:
LOT 50. MAROON CREEK CLUB, as shown on the Final Subdivision Plat &
PUP for Maroon Creek Club. recorded November 15, 1993 in Plat Book
33 at Page 4 .
ISSUING COMPANY: FIDELITY NATIONAL TITLE INSURANCE COMPANY
By: PITKIN COUNTY TITLE, INC. Schedule A-PG.1
601 E. HOPKINS This commitment is invalid
ASPEN, CO. 81611 unless the Insuring
970-925-1766 Provisions and Schedules
970-925-6527 FAX A and B are attached.
AUTHORIZED AGENT
Post-ite Fax Note 7671 Dale IC.3 IP 90a' —1
Te 1ml T to Vi n/ Prom eu e e h B�AA)
col0er3, I: 'YThss 'ajar Co.
Phone#/,( �j/�� Phone# i .Y6,�,,,y,�
Fax# /r`T7 Q Fax# (/✓
06/03/97 TUE 07:54 FAX 1 970 945 5948 SCHMUESER GORDON MEYER QJ 002
May. 27. 1997 1:27PM PITKIN COUNTY TITLE No. 7394 P. 2/5
HIT
SCHEDULE B - SECTION 1
REQUIRBMENTS
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors
of the full consideration for the estate or interest to be insured.
ITEM (b) Proper instrument (s) creating the estate or interest to be
insured must be executed and duly filed for record to-wit:
--
1. Deed of Trust from (s RL DEVELOPMENTS INC. A COLORADO CORPORATIO,
to the Public Trustee o the ounty o • •
for the use of : THE LENDER TO BE INSURED HEREUNDER
to secure : $4, 000 , 000 . 00
06/03/97 TUE 07:54 FAX 1 970 945 5948 SCHMIIESER GORDON MEYER 003
Itily, 27. 1997 1 :27PM ?ITKIN COUNTY TITLE No. 7394 P. 3/5
FYT
\_/
SCHEDULE B SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the
following unless the same are disposed of to the satisfaction of the
Company:
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, enchroachments,
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_ Detects, liens, encumbrances, adverse claims or other matters, if any,
created, first appearing in the public records or attaching subsequent to the
effective date hereof but prior to the date the proposed insured acquires
of record for value the estate or interest or mortgage thereon covered by
this Commitment.
6. Taxes due and payable; and any tax, special assessment, charge or lien imposed
for water or sewer service or for any other special taxing district.
7. Right of the proprietor of a vein or lode to extract and remove his
ore therefrom, should the same be found to penetrate or intersect the
premises hereby granted and right of way for ditches or canals
constructed by the authority of the United States as reserved in
United States Patents recorded March 15, 1992 in Book 55 at Page 21,
August 26, 1911 in Book 55 at Page 189 , August 26, 1911 in Book 55
at Page 191, September 13, 1934 in Book 162 at Page 400, June 16,
1944 in Book 167 at Page 562 and May 20, 1953 in Book 180 at Page
155 .
8 . Easements, rights of way and all matters as disclosed on Plat of
subject property recorded November 15, 1993 in Plat Book 33 at Page
4 and Amended Sheet 2 recorded March 31, 1994 in Plat Book 34 at
Page 23 and Assignment of Plat to Maroon Creek Limited Liability
Company recorded February 17, 1994 in Book 742 at Page 117 and 121.
9. Those terms, conditions, provisions, obligations, easements,
restrictions, assessments and all matters as set forth in Master
Declaration of Protective Covenants for Maroon Creek Club recorded
December 2, 1993 in Book 733 at Page 598 and First Amendment thereto
recorded February 17, 1994 in Book 742 at Page 83, Second Amendment
thereto recorded June 8, 1994 in Book 752 at Page 754 and Amended and
Restated Third Amendment thereto recorded July 26, 1994 in Book 756
at Page 597 and Fourth Amendment thereto recorded September 12, 1996
as Reception No. 396947 and Assignment and Designation of Successor
Declarant for Maroon Creek Club.
10 . Terms, conditions, provisions, obligations and all matters as set
forth in Subdivision Improvements Agreement recorded November 12,
1993 in Book 730 at Page 606.
(Continued)
06/03/97 TUE 07:55 FAX 1 970 945 5948 SCRMUESER GORDON MEYER Z004
Iay. 27. 1997 1 : 27PM ITKIN COUNTY TITLE No. 7394 P. 4/5
11. Terms, conditions, provisions, obligations and all matters as set
forth in Final Plat Resolution of the Board of County Commissioners
recorded August 13 , 1993 in Book 721 at Page 245 as Resolution No.
93-104 .
12. Avigation Easement granted to Pitkin County recorded November 12, 1993
in Book 730 at Page 690 .
13 . Terms, conditions, provisions and obligations as set forth in Deed
Restriction for Maroon Creek Club Townhomes recorded November 12,
1993 in Book 730 at Page 717 .
14 . Terms, conditions, provisions and obligations of Water Service
Agreement between The City of Aspen and Pearce Equities Group II,
Limited Liability Company, a Utah Limited Liability Company, recorded
November 15, 1993 in Book 730 at Page 797, Assignment and Assumption
of Water Lease Agreement recorded November 15, 1993 in Book 730 at
Page 865, Assignment and Assumption Agreement recorded January 7,
1994 in Book 737 at Page 899 and Amended Assignment and Assumption
Agreement recorded April 11, 1994 in Book 747 at Page 191.
15. Terms, conditions, provisions, obligations and all matters as set
forth in Resolution of the Board of Adjustment recorded February 7,
1996 as Reception No. 389788 as Resolution No. 95-34 .
This commitment is invalid unless Schedule B-section 2
the Insuring Provisions and Schedules Commitment No. PCT11796
A and B are attached.
06/03/97 TUE 07:55 FAX 1 970 945 5948 SCHMUESER GORDOm MEYER Z005
'AM 27. 1997 1, 27Pli PITKIN COUNTY TITLE Na. 7394 P. 5/5
'FNT
ADDITIONAL INFORMATION
AND DISCLOSURES
The Owner's Policy to be issued, if any shall contain the following
items in addition to the ones set forth above:
(1) The Deed of Trust, if any, required under Schedule B-Section 1-
(2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION
WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO SE ISSUED
HEREUNDER)
Pursuant to Insurance Regulation 89-2;
NOTE: Each title entity shall notify in writing every prospective
insured in an owner' s title insurance policy for a single family
residence (including a condominim or townhouse unit) (i) of
that title entity' s general requirements for the deletion of an
exception or exclusion to coverage relating to unfiled mechanics
or materialmens liens, except when said coverage or insurance is
extended to the insured under the terms of the policy. A
satisfactory affidavit and agreement indemnifying the Company
against unfiled mechanics ' and/or Materialmen's Liens executed
by the persons indicated in the attached copy of said affidavit
must be furnished to the Company. upon receipt of these items
and any others requirements to be specified by the Company upon
request, Pre-printed Item Number 4 may be deleted from the
Owner' s policy when issued. Please contact the Company for
further information. Notwithstanding the foregoing, nothing
contained in this Paragraph shall be deemed to impose any
requirement upon any title insurer to provide mechanics or
materialmens lien coverage.
NOTE: If the Company conducts the owners or loan closing under
circumstances where it is responsible for the recording or
filing of legal documents from said transaction, the Company
will be deemed to have provided ',Gap Coverage" .
Pursuant to Senate Bill 91-14 (CRS 10-11-122) ;
(a) The Subject Real Property may be located in a Special Taxing
District;
(b) A Certificate of Taxes Due listing each taxing jurisdiction
may be obtained form the County treasurer of the County
Treasurer's Authorized Agent;
(c) Information regarding Special Districts and the boundaries of
such districts may be obtained from the Board of County
Commissioners, the County Clerk and Recorder, or the County
Assessor_
NOTE: A tax Certificate will be ordered from the County
Treasurer by the Company and the costs thereof charged to
the proposed insured unless written instruction to the
contrary are received by the company prior to the issuance of
the Title Policy anticipated by this Commitment.
This commitment is invalid unless Schedule B-Section 2
the Insuring Provisions and Schedules Commitment No. PCT11796
A and 8 are attached.
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and associates
605 EAST MAIN STREET
ASPEN.COLORADO 81611
TELEPHONE 970/925-4755
FACSIMILE 970/920-2950
June 5, 1997
Ms. Sara Thomas
City Zoning Officer
Community Development Department
130 S. Galena Street
Aspen, CO 81611
RE: Clubside at Maroon Creek, Lot 50
Dear Sara:
Enclosed please find our submittal for an insubstantial amendment to the approved
P.U.D. We are accommodating the Cities wishes to document the revised site plan
with the understanding that this process would not prolong our building permits
currently being reviewed.
If you should have any questions, please contact me.
Sincerely, /
Les sens e iY
Associate
bit
and associates
605 EAST MAIN STREET
ASPEN,COLORADO 61611
TELEPHONE 970/925-4755
FACSIMILE 970/920-2950
June 2, 1997
Aspen/ Pitkin Planning and Zoning
130 South Galena
Aspen, CO 81611
•
RE: Lot 50, Maroon Creek Club; Insubstantial Amendment to Approved PUD or
SPA Plan; Attachment 2, section 5
This project consists of eight townhome units of various configurations with private
underground garages, as shown on the enclosed site plan. The units will have
similar amounts of stone, wood siding, and glazed areas, as represented in the
approved Detailed Submission. The massing of the buildings were reduced to
allow the landscaping to intersperse the development. The intention is also to
screen as much of the development from Highway 82 as is practical given the
approved berm elevation and alignment which adjoins the property.
bit
and associates
605 EAST MAIN STREET
ASPEN,COLORADO 81611
TELEPHONE 970/925-4755
FACSIMILE 970/920-2950
June 2, 1997
Aspen/ Pitkin Planning and Zoning
130 South Galena
Aspen, CO 81611
•
RE: Lot 50, Maroon Creek Club; Insubstantial Amendment to Approved PUD or
SPA Plan; Attachment 3, sections 1-4
Attachment 3.1 - does not apply.
Attachment 3.2 - see attached site plan dated 05/12/97 and elevations dated
05/16/97.
Attachment 3.3 - see detailed submission dated 07/26/91, sheets 42-46/55, and
recorded plat dated 05/19/97 attached.
Attachment 3.4 - see attached site plan dated 05/12/97, recorded plat dated
05/19/97, and detailed submission dated 07/26/97 - sheets 42-
46/55.
bit
and associates
605 EAST MAIN STREET
ASPEN,COLORADO 81611
TELEPHONE 970/925-4755
FACSIMILE 970/920-2950
June 2, 1997
Aspen/ Pitkin Planning and Zoning
130 South Galena
Aspen, CO 81611
RE: Lot 50, Maroon Creek Club; Insubstantial Amendment to Approved PUD or SPA Plan;
Attachment 2, sections 1, 2
•
Please find enclosed documents of the above referenced project dated 05/16/97,
and application for submittal of Insubstantial Amendment to Approved PUD or SPA Plan.
The representative; Bill Poss &Associates is authorized to act on behalf of the applicant:
RL Developments, Inc.
RL Developments, Inc.
Bob Bowden Bill Poss &Associates
PO Box 1471 605 East Main Street
Aspen, CO 81612 Aspen, CO 81611
970-544-2000 970-925-4755
:ob Bowden
Signing fo RL Developments, Inc.
Said Property Description:
Lot 50, Maroon Creek Club as shown on the Final Subdivision Plat & P.U.D. for Maroon
Creek Club, recorded November 15, 1993 in Plat Book 33 at page 4.
Please refer to additional documents attached for further sections and Attachments. Please contact
myself or Les Rosenstein with any questions or comments.
Sincer ly,
Cary k an, AIA
MEMORANDUM
TO: Stan Clauson, City Community Development Dire ppROVED
FROM: Sara Thomas, Zoning Officer // 11
JUN 1 +01997
RE: Clubside at Maroon Creek, Lot 50
COMMUPlllY DE;L_.,'-F,.orlu1 d10R
DATE: June 10, 1997 CITY OF ASPEN
SUMMARY: The developers of Lot 50 Maroon Creek Club are applying for an
insubstantial amendment to the Maroon Creek Club PUT) to allow for development of the
townhome parcel in a manner which differs from the approvals granted to the parcel
during detailed submission in July of 1991. The original site plan for the townhomes
indicated a common underground garage serving all of the eight townhomes. The current
proposal indicates eight townhomes each with a private underground garage, rather than
the approved common underground garage.
FINDINGS: Section 26.80.040 (E) of the Aspen Municipal Land Use Code states that:
I. An insubstantial amendment to an approved development order for a final
development plan may be authorized by the Community Development Director. The
following shall not be considered an insubstantial amendment:
a. A change in the use or character of the development.
b. An increase by greater three (3) percent in the overall coverage of structures on the
land.
c. Any amendment that substantially increases trip generation rates of the proposed
development,or the demand for public facilities.
d. A reduction by greater than three (3) percent of the approved open space.
e. A reduction by greater than one (1) percent of the off-street parking and loading space.
f A reduction in required pavement widths or rights-of-way for streets and easements.
g. An increase of greater than two (2) percent in the approved gross leasable floor area of
commercial buildings.
h. An increase by greater than one (1) percent in the approved residential density of the
development.
i. Any change which is inconsistent with a condition or representation of the project's
original approval or which requires granting of a further variation from the project's
approved use or dimensional requirements.
Staff has reviewed the revised site plan and finds that the above criteria have been met.
RECOMMENDATION: Staff recommends that the Community Development Director
approve the insubstantial amendment to Lot 50 of the Maroon Creek Club P.U.D. finding
that the criteria in Section 26.80.040 (E) have been met.
I hereby approve the Insubstantial Amendment for Lot 50 of the Maroon Creek
Club P.U.D. represented in the attached application documents.
``
Stan Clauson, City Community Development Director Date 1
iJ. , El k(V 4A.i)ACC.
and associates
605 EAST MAIN STREET
ASPEN,COLORADO 81611
TELEPHONE 970/925-4755
FACSIMILE 970/920-2950
May 28, 1997
Mr. Stan Clausen
Director Community Development
130 S. Galena Street
Aspen, CO 81611
RE: Maroon Creek Club Lot 50 Townhomes
Dear Stan:
This letter is in response to our telephone conversation on Friday, May 23, 1997, addressing your
request for Lot 50 Townhomes to submit for an insubstantial amendment to the P.U.D. and the DRAC
appeal process.
Prior to the City annexation, we met with Joanna Shaffner and Rick Magill relating to site plan
revisions. On August 28, 1996, we received written approval based on a site plan reviewed by Rick
that clearly showed the revised footprint configuration with individual underground garages. "It was
determined that an administrative amendment would not be required on Lot 50". (See copy of letter
attached)
After annexation by the city, I met with Sara Thomas on a number of occasions and reviewed both
site and unit plans and signed off on the revised site plan on January 24, 1997. She reviewed Rick's
letter and never indicated any additional reviews.
We have made presentations to the Maroon Creek Site and Architectural Review Committee (SARC).
The site plan and architectural design have received schematic design, design development, and
construction document review approval. We have proceeded in good faith and submitted for our
building permit on April 7, 1997 (seven weeks ago).
While we have gone through the Maroon Creek SARC review process, I feel it would be a hardship
and burden to have to go through another design review process after completion of construction
documents and submission for a building permit.
Based on the Maroon Creek SARC review process, I hope you will agree with us that no further
design review process will be required.
While we are willing to submit for an insubstantial amendment to the approved P.U.D., we feel it is
unnecessary based on the P.U.D. documents and the review by county and city staff members. I
hope that this amen•rent process will not hold up the permit review.
Sincerely, or
Les ' . e*'41,1A
Associate
Enclosures
•
and associates;
605 EAST MAIN STREET
ASPEN,COLORADO 81611
TELEPHONE 970/925-4755
FACSIMILE 970/920-2950
August 28, 1996
Rick Magill, County Planner
Aspen/Pitkin Community Development
130 South Galena
Aspen, CO 81611
RE: Maroon Creek Lot 50, Club Townhomes
Dear Rick:
Thank you for taking the time to meet with me and review the proposed site plan for
Lot 50 at Maroon Creek. As you are aware, the site plan represents duplexes with
underground parking below the individual structures. The proposed units will have
similar amounts of stone, wood siding and glazed areas, as represented in the
approved Detailed Submission. As with the Lot 17 Townhomes, the massing was
reduced to allow the landscaping to intersperse the development. We also intend to
screen as much of the development from Highway 82 as is practical given the
approved berm elevation and alignment which adjoins two sides of our site.
Based on your review and the note that appears on sheet 7 or 55 of the Detailed
Submission, which reads "Building Footprints in Lots 50, 51 and 52 may move within
the building envelope", it was determined that an administrative amendment would
not be required on Lot 50.
Since we are about to proceed with the Schematic Design and will be expending a
considerable amount of our client's time and money, he has requested your
conformation prior to proceeding. If this is your understanding of what transpired
during our meeting, please sign this letter and return it in the envelope provided.
Thank you for your prompt attention to this matter.
Sincerely, Date c �9/9�
Les Rose st-' , R.A. Rick M flit o .nt •' -nner
Associate
•
=classmates..
.._ 605 EAST MAIN STREET
ASPEN,COLORADO 81611
TELEPHONE 970/925-4755
FACSIMILE 970/920-2950
January 17, 1997
Sara Thomas
City Zoning Officer
Community Development Department
130 S. Galena Street
Aspen, CO 91611
Re: Lot 50, Maroon Creek
Dear Sara:
Thank you for taking the time to meet with me. Based on our meeting today and the follow-
up to our last month's meeting, the following issues have been resolved:
1. Building footprints will be allowed to move within the building envelopments as
defined on the Detailed Submission.
2. Based on our conceptual design, units will be attached by a common wall of about
eight feet in length.
3. Grading and landscape walls up to 30" will be allowed within building setbacks.
4. The final grading plan will be used as a base for all height measurements (ie.
existing grade will be classified as the same as our final grades).
5. Entry gates and walls will be allowed within the setbacks if less than six feet in
height.
6. The garage and basement levels, being totally below grade (except for the garage
door), will be exempt from F.A.R. calculations.
•
If this is your understanding of what transpired during our meeting, please sign this letter
and return it in the envelope provided.
Thank you for your prompt attention to this matter.
Sincere) Date: '
.-i �' /
•
Les -�n . _ . R.A. C it/ 712/ CGI' 1
Associate Sara Thomas