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HomeMy WebLinkAboutcoa.lu.pu.Aspen Club Lot 14A.A049-980 ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees (Please Print Clearly) CITY OF ASPEN (hereinafter CITY) and BAGS LLC (hereinafter APPLICANT) AGREE AS FOLLOWS: APPLICANT has submitted to CITY an application for Revised Landscape Plan for Lot 14A, Callahan Subdivision (hereinafter, THE PROJECT). 2." APPLICANT understands and agrees that City of Aspen Ordinance No. 43 (Series of 1996) 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. 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 to allow APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. 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 approval, 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 $ 4 5 0 : 0 0which is for hours of Planning 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. 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. CITY OF ASPEN Stan Clauson Community Development Director City of Aspen L APPLICANT Signature: Date: June 17, 9 8 Printed Name:. G. Steve Whipple Mailing Address: 121 S. Galena St, #203 Aspen, CO 81611 ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM Project: Lot 14A, Callahan Subdivision, Aspen Applicant: GABS LLC . Location: Crystal Lake Road near Aspen Club Zone District: R15 Lot Size: 38,768 square feet Lot Area: (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed: N/A Number of residential units: Existing: Proposed.• N/A Number of bedrooms: Existing: Proposed: N/A Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: Allowable: Proposed: N/A Principal bldg. height: Existing. Allowable: Proposed.• N/A Access. bldg. height: Existing: Allowable: Proposed: N/A On -Site parking: Existing: Required: Proposed.• Unchanged % Site coverage: Existing: Required: Proposed: N/A % Open Space: Existing: Required: Proposed.• N/A Front Setback: Existing: Required: Proposed: N/A Rear Setback: Existing.. Required.• Proposed: N/A Combined F /R: Existing: Required: Proposed. N/A Side Setback: Existing: Required: Proposed: N/A Side Setback: Existing: Required: Proposed: N/A Combined Sides: Existing: Required: Proposed: N/A Existing non - conformities or encroachments: None Variations requested: New Landscape Plan -3, HERBERT S. KLEIN MILLARD J. ZIMET' OF COUNSEL: JACQUELINE L. GARDNER `also admined in New York LAW OFFICES OF • HERBERT S. KLEIN & ASSOCIATES, P.C. 201 NORTH MILL STREET SUITE 203 ASPEN, COLORADO 81611 (970) 925 -8700 TELECOPIER (970) 925 -3977 June 17, 1998 Sara Thomas City Zoning Officer Aspen /Pitkin Community Department 130 S. Galena, 3rd Floor Aspen, CO 81611 TELLURIDE OFFICE: P.O. BOX 215 300 WEST COLORADO AVENUE SUITE 2B TELLURIDE, COLORADO 81435 (970) 728 -5151 TELECOPIER (970) 925 -3977 Re: Insubstantial Amendment to Approved P.U.D. - Administrative Review - Landscaping Plan, Lot 14A, Callahan Subdivision Dear Sara: Please consider this letter an application for approval of a change to the Landscaping Plan for Lot 14A at the Callahan Subdivision. The Landscaping Plan was submitted as part of the Amendment to the Subdivision Plat map for the Callahan, Subdivision approved by City council and recorded at Plat Book 40 at Page 81. The Landscape Plan was not recorded but is part of the planning office records submitted by the applicant for the plat amendment. The applicants for the minor amendment to change the Landscaping Plan is BABS, LLC, a Colorado limited liability company ( "BABS "). BABS is the owner of Lot 14A and has the right to seek an amendment to the Landscaping Plan. There are three primary changes proposed to the existing Landscaping Plan. The number of trees will be increased to screen the southern portion of the lot from the parking spaces allowed in the parking easement area. A gentle berm will be created with trees along its alignment running through the center portion of Lot 14A. A lawn area will be established as shown on the attached site plan. No lighting for the landscaping is presently proposed. Other than the Landscaping Plan changes set forth in this letter and the attached plan, no other modifications to the prior approvals granted by the plat map and associated agreements are proposed. L Sara Thomas June 17,.1998 Page 2 0 The following provisions address minimum submission contents: 1. The name of the owner of the property is BABS, LLC whose registered agent and registered office is as follows: Registered agent: Herbert S. Klein, Esq. Registered office: c/o Herbert S. Klein Associates P.C., 201 N. Mill Street, Suite 203, Aspen, Colorado 81611. Telephone: 970 - 925 -8700 2. The following provisions of this letter constitute the attorney certification of ownership and authorization to process this application: The undersigned attorney hereby certifies that BABS, LLC is the owner of Lot 14A, Callahan Subdivision and there are no mortgages or liens of record. Easements of record are those set forth in the Plat of the Callahan subdivision and the Amended Plat recorded in Plat Book 40 at page 81 with respect to reserved. parking spaces to serve the Aspen Club. 3. Authorization. The undersigned, as registered agent for BABS, LLC, hereby certifies that Herbert S. Klein and /or G. Steve Whipple are authorized to act on its behalf in processing this application. 4. A site plan and vicinity map are attached. The following items address applicable review standards: 1. There is no change in the use 'or character of the development. 2. There is no increase in coverage of structures. 3. There is no change in trip generation rates or demand for public facilities. 4. There is no reduction in open space proposed. 5. There is no reduction in off- street parking and loading space proposed. 6. There is no reduction in pavement widths or rights -of -way for streets and easements proposed. :; • • Sara Thomas June 17, 1998 Page 3 7. There is no increase in floor area of commercial buildings proposed. 8. There is no increase in residential density proposed. 9. There is no change inconsistent with any of the conditions of approval or which require any variation from approved uses or dimensional requirements. Please feel free to call either the undersigned or Steve Whipple if you have any questions. A check for the requisite filing fee in the amount of $450 is also enclosed with the application. Thank you very much for your consideration and cooperation. sg \warner \073.ltr Enclosures CC: Tim Whitsitt Barbara Fleck Marissa O'Neil Steve Whipple (via fax) Very truly yours, HERBERT S. KLEIN ,"ASSOCIATES, P.C. By ' Herbe S. Klein MEMORANDUM APPROVED TO: Stan Clauson, City Community Development Director FROM: Sara Thomas, Zoning Officer JUN 2 4 1998 COMMUNITY DEVELOPk*N! uiHWTOR RE: Insubstantial Amendment to the Aspen Club PUTAto(eor revision to the approved Landscape Plan for Lot 14A of the Callahan Subdivision. DATE: , June 24, 1998 SUMMARY: In July, 1996 the Aspen Club received approval from City _Council to amend their PUD in order to expand the parking facility located off of Ute Avenue and.to reconfigure the existing parking area located off of Crystal Lake Road. The Crystal Lake Road parking area is located within an easement on Lot 14A of the Callahan Subdivision. As part of the 1996 review process, a landscape plan for the remaining portion of Lot 14A was approved. The current owners of Lot 14A have submitted a plan which would slightly revise the approved landscape plan. Staff has determined that the proposed changes are consistent with the original representation and can be approved as an insubstantial amendment to the PUD. FINDINGS: Section 26.84.080 of the Aspen Municipal Land Use Code states that: A. 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: 1. A change in the use or character of the development. 2. An increase by greater than three (3) percent in the overall coverage of structures on the land. 3. Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities. 4.. A reduction by greater than three (3) percent of the approved open space. 5. A reduction by greater than one (1) percent of the off - street parking and loading space. 6. A reduction in required pavement widths or rights -of -way for streets and easements. 7. An increase of greater than two (2) percent in the approved gross leasable floor' area of commercial buildings. 8. An increase by greater than one (1) percent in the approved residential density of the development. 9. 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 proposed landscape plan and finds that the above criteria have been satisfied. RECOMMENDATION: Staff recommends that the Community Development Director approve the insubstantial amendment to the Aspen Club PUD for the revised landscape plan for Lot 14A of the Callahan Subdivision finding that the criteria of Section 26. 80.040 have been met. 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