HomeMy WebLinkAboutLand Use Case.CU.1450 Crystal Lake Rd.0012-04
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City of Aspen Community Development Dept.
CASE NUMBER 0012.2004.ASLU
PARCEL ID# 2737-18~t.-32-014
CASE NAME ASPEN CLUB SPA CONDTL USE, GMQS, FINAL
PROJECT ADDRESS 1450 CRYSTAL LAKE RD
PLANNER JAMES LINDT
CASE DESCRIPTION CONDITIONAL USE, GMQS EXEMPT, FINAL PUD
REPRESENTATIVE ALAN RICHMAN 920-1125
DATE OF FINAL ACTION 04/02/04
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
APPROVED
4/27/04
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MEMORANDUM
TO:
Julie Ann Woods, Community Development Director
FROM:
James Lindt, Planner cfL--
Aspen Club Subdivision/PUD Amendment, Conditional Use Amendment
RE:
DATE:
March 15,2004
ApPLICANT:
Aspen Club and Spa, LLC.
LOCATION:
1450 Crystal Lake Road
ZONING:
Rural Residential (RR) with a PUD Overlay
REVIEW PROCEDURE:
Insubstantial amendments to an approved PUD may be approved, approved with conditions,
or denied by the Community Development Director, pursuant to Land Use Code Section
26.445.100(A), PUD Insubstantial Amendments. In addition, the Community Development
Director may approve, approve with conditions, or deny a request for an insubstantial
amendment to an approved conditional use pursuant to Land Use Code Section 26.425.080,
Insubstantial Conditional Use Amendments.
BACKGROUND:
In 1976, Subdivision and PUD approval was granted for the Callahan Subdivision/PUD,
which contains the Aspen Club and Spa. The Subdivision/PUD Plat recorded in conjunction
with the aforementioned approval shows the layout of the Aspen Club Building and the
location of the seven (7) tennis courts that were originally built. In 1996, a subsequent
approval to primarily reconfigure the parking at the Aspen Club resulted in the removal of
two (2) of the original seven (7) tennis courts. Later in 1998, the Applicant gained approval
to enclose one of the five (5) remaining tennis courts with a seasonal bubble. Consequently,
the Applicant would like to now remove the tennis court with the seasonal bubble and
replace it with an outdoor pool similar in size to that of the tennis court in order to respond to
the changed demands of the Club's membership.
The site plan below depicts the location of the tennis court to be removed and the location of
the proposed outdoor pool:
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STAFF FINDINGS:
Staff does not believe that the character of the development approval is significantly affected
by the request in that the Applicant is simply proposing to remove one recreational use and
replace it with another. Moreover, the outdoor pool is proposed to be located within the
footprint of the existing tennis court and will actually decrease the amount of net leasable
square footage on the site because the pool is not to be enclosed and does not count as net
leasable floor area. Additionally, the request does not require that more on-site parking be
provided in that the Applicant is not increasing the floor area of the development. Therefore,
staff feels that the request is in compliance with the insubstantial PUD amendment and
insubstantial conditional use amendment criteria.
GMQS EXEMPTION CREDIT:
In conjunction with the PUD and conditional use amendment requests, the Applicant has
also requested the ability to obtain GMQS credit for the7,936 SF of net leasable floor area
to be removed from the site in the form of the tennis bubble. Pursuant to Land Use Code
Section 26.470.070(A)(1), Remodeling, restoration, or reconstruction of existing
commercial, lodge or multi~ramily buildings, the Applicant may reconstruct commercial
or office floor area as long as the on-site parking and affordable housing mitigation for
the floor area is provided as if it were new net leasable floor area.
Staff believes that because the growth management section of the land use code does not
provide for a specific time requirement in which the commercial square footage would
have to be reconstructed that it would be appropriate to grant the Applicant credit for the
existing commercial square footage being removed. However, Staff feels that the
Applicant should only get commercial GMQS credit for 4,267 square feet, since the
existing tennis bubble is only allowed to be up for 215 days pursuant to the 1989
agreement (attached as Exhibit "D") between the City of Aspen and the then owner,
Richard Butera.
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RECOMMENDA nON:
Staff recommends that the Community Development Director approve with conditions, the
proposed insubstantial PUD amendment and insubstantial conditional use amendment to
allow for the covered tennis court at the Aspen Club and Spa to be removed and replaced
with an outdoor swimming pool of approximately the same size. Staff also recommends that
4,267 square feet of net leasable square footage credit be awarded to the Applicant for
removing the tennis bubble pursuant to Land Use Code Section 26.470.070(A)(I),
Remodeling, restoration, or reconstruction of existing commercial, lodge or multi:family
buildings.
ApPROV AL:
I hereby approve this insubstantial PUD amendment and insubstantial conditional use
amendment to the Callahan SubdivisionlPUD to allow for the existing covered tennis
court at the Aspen Club to be converted into an outdoor swimming pool with the
following conditions:
I. The new swimming pool and associated pool deck shall not encroach outside
of the footprint of the existing tennis court to be removed.
2. The new swimming pool and associated pool deck shall not encroach into the
10 foot wide utility easement that exists just to the east of the existing tennis
court to be removed.
3. The Applicant is hereby awarded 4,267 square feet of commercial reconstruction
credit as a result of removing the tennis bubble pursuant to Land Use Code
Section 26.4 70.070(A)( I), Remodeling, restoration, or reconstruction of
existing commercial, lodge or multi-family buildings. The commercial square
footage contained within the tennis bubble to be removed may be reconstructed
applying all the applicable land use code requirements in affect at the time of
reconstruction.
4. The design, installation, and maintenance of the pool must comply with the
State of Colorado's "Swimming Pool and Mineral Bath Regulations."
5. The Applicant shall obtain a tree removal permit for any trees to be removed
prior to building permit submittal. The Applicant shall also provide a tree
protection plan for approval by the City of Aspen Parks Department at the
time of building permit submittal. This tree protection plan shall identify the
proposed construction access and a detailed plan for protecting the trees to be
maintained in the vicinity of the construction access.
6. The Applicant shall not use the public trail along the river for construction
activity.
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7.
The primary contractor shall submit as part of the building permit application,
a signed letter stating that they have read and understand the conditions
contained within this approval.
8.
The Aspen Consolidated Sanitation District shall review and approve the drain
size of the swimming pool prior to installation.
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Ann Woods, Community Developm~nt Director
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ACCEPTANCE:
I, as a person being or representing the applicant, do hereby agree to the condition ofthis
approval and certify the information provided in this application is correct to the best of my
knowledge.
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T~( illCi AJu.AA_P date J/-y(D~
'- Linda Schmehl, General Manager
The Aspen Club and Spa
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Findings
Exhibit B -- Application
Exhibit C -- Referral Comments
Exhibit D -- 1989 Tennis Bubble Agreement
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Exhibit A
Review Criteria & Staff Findings
Insubstantial PUD Amendment.
An insubstantial amendment to an approved development order for a final development
plan may be authorized by the Community Development Director if the following review
standards are met.
1. A change in the use or character of the development.
Staff Findine:
Staff believes that there is no change in the use or character of the development as a result
of the proposed amendment. The Applicant is simply removing one recreational use and
replacing it with another recreational use that they feel there is more demand for. Staff
finds this criterion to be met.
2. An increase by greater than three (3) percent in the overall coverage of structures on
the land.
Staff Findine:
Since the application for the outdoor swimming pool does not propose to use more than
the footprint of the existing tennis court, the amount of structure coverage will not be
expanded. Staff finds this criterion to be met.
3. Any amendment that substantially increases trip generation rates of the proposed
development, or the demandfor public facilities.
Staff Findine:
Trip generation and demand for public infrastructure are not affected by this change.
Staff finds this criterion not to be applicable to the proposed amendment.
4. A reduction by greater than three (3) percent of the approved open space.
Staff Findine:
The amount of open space within the PUD will not be reduced by the request. Staff finds
this criterion to be met.
5. A reduction by greater than one (1) percent of the off-street parking and loading
space.
Staff Findine:
The Applicant is not requesting an amendment to the existing or required number of
parking spaces. Staff finds this criterion not to be applicable.
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6. A reduction in required pavement widths or rights-of-wayfor streets and easements.
Staff Finding:
The Applicant is not proposing changes to right-of-way widths. Staff finds this criterion
not to be applicable.
7. An increase of greater than two (2) percent in the approved gross leasable floor area
of commercial buildings.
Staff Finding:
The Applicant is actually reducing the amount of net leasable floor area by removing the
existing tennis bubble. Staff finds this criterion not to be applicable.
8. An increase by greater than one (1) percent in the approved residential density of the
development.
Staff Finding:
The Applicant is not proposing a change in the residential density. Staff finds this
criterion not to be applicable.
9. Any change which is inconsistent with a condition or representation of the project's
original approval or which requires granting a further variationfrom the project's
approved use or dimensional requirements.
Staff Finding:
Staff does not feel that the proposed amendment is inconsistent with the project's original
approval in that the Applicant is simply installing a new recreational use to replace an
existing recreational use that is to be removed. Moreover, Staff feels that the proposed
outdoor swimming pool will have similar overall impacts to that of the existing tennis
court. Staff finds this criterion to be met.
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Insubstantial Conditional Use Amendment.
An insubstantial amendment to an approved development order for a conditional use may
be authorized by the Community Development Director if the following review standards
are met.
1. The change will not cause negative impacts on pedestrian and vehicular traffic
circulation, parking or noise; and
Staff Finding:
Staff does not anticipate that the request will have a significant negative impact on traffic
circulation, parking, or noise. Staff believes that the majority of the Aspen Club's
patrons come to the club to partake in multiple activities offered at the club and that the
conversion of the tennis court to an outdoor swimming pool will not likely generate a
significant amount of additional new customers. Thus, Staff finds this criterion to be met.
2. The change will not substantially affect the tourist or local orientation of the
conditional use; and
Staff Finding:
Please see response to Criterion No. I above. Staff finds this criterion to be met.
3. The change will not affect the character of the neighborhood in which the use is
located; and
Staff Finding:
Staff does not believe that the request to convert an existing tennis court into an outdoor
swimming pool will affect the character of the neighborhood. Staff finds this criterion to
be met.
4. The change will not increase the use's employee base or the retail square footage in
the structure; and
Staff Finding:
Staff does not believe that the request will generate employees. Moreover, the
application will actually reduce the amount of net leasable square footage on the site by
removing the existing tennis bubble. Staff finds this criterion to be met.
5. The change will not substantially alter the external visual appearance of the building
or its site.
Staff Finding:
Staff believes that the request will alter the visual appearance of the site in a positive
manner in that the request will remove the tennis bubble, which is considered by Staff to
be somewhat of an eyesore. Staff finds this criterion to be met.
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ATTACHMENT 2 -LAND USE APPLICATION
APPLICANT:
Location:
Name:
Parcel ill #
REPRESENTATIVE:
2-
Name:
Address:
Phone #:
PROJECT:
Name: . 1/\ ('
Address: 0 C'V-
Phone #: . -- /5- () ()
TYPE OF APPLICATION: (please check all that apply):
Conditional Use AiM.€. LAd . 0 Conceptual PUD
o Special Review fl Final PUD (& PUD Amendment)
o Design Review Appeal 0 Conceptual SPA
o GMQS AJJotment 0 Final SPA (& SPA Amendment);
,E GMQS Exemption 0 Subdivision
o ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes
Margin, Hallam Lake Bluff, condominiumization)
Mountain View Plane
o Lot Split 0
Lot Line Ad'ustment
o Conceptual Historic Devt.
o Final Historic Development
o Minor Historic Devt.
o Historic Demolition
o Historic Designation
o Small Lodge Conversion!
Expansion
o Other:
Have you attached the following?
o Pre.Application Conference Summary
o Attachment #1, Signed Fee Agreement
o Response to Attachment #3, Dimensional Requirements Form
o Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
FEESDUE:s52j6 00
AJJ plans that are larger thim 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written
text (Microsoft Word Format) must be submitted as part of the application.
RETAIN FOR PSUlAlEIIT ~
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March 1, 2004
Mr. James Lindt, Planner
City of Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: ASPEN CLUB INSUBSTANTIAL PUD AND CONDITIONAL USE AMENDMENT
Dear James,
This is an application for an insubstantial amendment to the PUD and conditional use
approvals previously granted to the Aspen Club and Spa. The Aspen Club and Spa is
located on Lot 15 of the Callahan Subdivision, more commonly known as 1450 Crystal Lake
Road.
The purpose of this application is to remove the existing tennis court at the Aspen Club and
Spa that is covered by a bubble and to replace it with a new outdoor pool. The location of
the proposed new pool is shown on the attached copy of the improvement survey.
This application is being submitted by the Aspen Club and Spa, LLC, the owner of the
property (hereinafter, "the applicant"). Proof of the ownership of the property is provided
by Exhibit #1, the title insurance policy. Authorization for Alan Richman Planning Services
to represent the Aspen Club and Spa for this application is provided by Exhibit #2.
A pre-application conference summary form was obtained from you on February 12, 2004
(see Exhibit #3, Pre-Application Conference Summary). This document confirms that the
following land development approvals are required by the Aspen Land Use Regulations to
accomplish this project:
Insubstantial PUD Amendment, pursuant to Section 26.445.100 A.;
Insubstantial Conditional Use Amendment, pursuant to Section 26.425.080 A.; and
Vested Rights for the project.
The following sections of this application identify the standards of the Aspen Land Use
Regulations that apply to these procedures and provide a response to each standard.
RETAIN FOR PERMANENT RECORD
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Mr. .Tames Lindt
March 1, 2004
Page Two
Insubstantial PUD Amendment
Section 26.445.100 of the Land Use Regulations authorizes the Community Development
Director to approve an insubstantial amendment to an approved final PUD plan. It also
provides that in the absence of an approved PUD plan, a survey of existing conditions may
be used to evaluate the extent of the proposed change.
The Callahan Subdivision and Planned Unit Development received final approval from the
City of Aspen in 1976. The original PUD Agreement is recorded in Book 312 at Page 110,
while the original plat is recorded in Plat Book 5 at Page 7 of the Pitkin County Records.
The PUD Agreement designates Lot 15 as being approved for the development of
"recreational facilities". The Development Plan for Lot 15 (see Book 5 at Page 9) shows the
proposed location and configuration of the Club building and seven outdoor tennis courts.
In later years, the City granted approval to cover one of the courts with a tennis bubble.
An amendment to the PUD was approved in 1996 to reconfigure the parking areas for the
property. This amendment resulted in the removal of two tennis courts from the property.
An amended plat documenting this approval is recorded in Book 40 at Page 81 and an
amended PUD Agreement is recorded as Reception No. 398668 of the Pitkin County
Records. The amended plat and agreement do not provide any further detail regarding the
recreational facilities on the property.
The applicant now proposes a further amendment to the PUD to replace the tennis court
and bubble with an outdoor pool. Section 26.445.100 (A) of the Land Use Regulations
identifies 9 circumstances which shall not be considered an insubstantial amendment.
Following is the applicant's response to each of these provisions:
A. The following shall not be considered an insubstantial amendment:
1. A change in the use or character of the development.
Response: Replacing the tennis court with a pool will not change the character of the Aspen
Club and Spa.
2. An increase by greater than three (3) percent in the overall coverage of structures on the
land.
Response: The replacement will not increase the overall coverage of structures on Lot 15.
In fact, the pool will fit within the footprint of the existing tennis bubble.
3. Any amendment that substantially increases trip generation rates of the proposed
development, or the demand for public facilities.
RETAIN FOR PEMNEMTRECORD
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Mr. James Lindt
March 1, 2004
Page Three
Response: This proposal is intended to better serve the current members and guests and
should not substantially change usage of the Aspen Club or resultant trip generation rates.
4. A reduction by greater than three (3) percent of the approved open space.
Response: No change in the approved open space is planned.
5. A reduction by greater than one (1) percent of the off-street parking and loading space.
Response: No change in the approved parking is planned.
6. A reduction in required pavement widths or rights-ol-way for streets and easements.
Response: No changes to any street or easement are planned.
7. An increase of greater than two (2) percent in the approved gross leasable floor area of
commercial buildings.
Response: The gross leasable space on the property will not be increased. In fact, the
tennis court, which is enclosed, will be removed and replaced with an outdoor poo1.
8. An increase by greater than one (I) percent in the approved residential density of the
development.
Response: No change in the approved residential density is planned.
9. Any change which is inconsistent with a condition or representation of the project's
original approval or which requires granting a variation from the project's approved use
or dimensional requirements.
Response: To the best of the applicant's knowledge, this proposal is not inconsistent with
any condition or representation of the original PUD approva1. The applicant would point
out, however, that the survey shows that the location of the tennis bubble encroaches slightly
into a utility easement. The new pool will be located so as to eliminate this encroachment.
Insubstantial Conditional Use Amendment
Section 26.425.080 (A) of the Aspen Land Use Regulations authorizes the Community
Development Director to approve an insubstantial amendment to an approved conditional
use permit. It states that an insubstantial amendment to a conditional use shall be limited
to changes in the operation of a conditional use. Following are the standards against which
the change must be evaluated, and the applicant's responses to these standards:
RETAIN FOR PERMANENT RECORD
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Mr. James Lindt
March 1, 2004
Page Four
1. The change will not cause negative impacts on pedestrian and vehicular traffic
circulation, parking or noise.
Response: As noted above, the replacement of the tennis court with an outdoor pool is
intended to better serve the existing members and guests of the Aspen Club and Spa. It will
not have any affects on pedestrian and vehicular traffic circulation, parking or noise.
2. The change will not substantially affect the tourist or local orientation of the conditional
use.
Response: The Aspen Club and Spa will continue to be available to both tourists and
residents in the same manner as today.
3. The change will not affect the character of the neighborhood in which the use is located.
Response: The property will continue to be used as a recreational club, and so its affect on
the neighborhood will be unchanged.
4. The change will not increase the use's employee base or the retail square footage in the
structure.
Response: The applicant does not anticipate any changes to employment as a result of this
proposal. The pool will be maintained by existing facilities personnel and a new lifeguard
will not be required. Retail square footage on Lot 15 will not be increased; it will actually
decrease since the covered tennis court will be replaced with an outdoor pool.
5. The change will not substalltially alter the external visual appearance of the building or
its site.
Response: The external visual appearance of the site will be improved through the removal
of the tennis bubble.
GMQS Exemption Credit
Section 26.470.070 A. of the Land Use Regulations provides the ability to reconstruct
demolished commercial space. As currently written, the Land Use Regulations provide that
to reconstruct this space, the applicant must provide affordable housing and parking as if
the reconstructed space were new space. The applicant recognizes and accepts this
provision. The applicant has no plans to replace the bubble with a new bubble at this time.
However, at some future date, the Club's needs could change. Furthermore, the applicant
is aware that this provision is currently under review by the City Council, and these
mitigation requirements for reconstruction may be revised or eliminated.
RETAIN FOR PERMANENT RECQAD
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Mr. James Lindt
March 1, 2004
Page Five
Considering the above circumstance, the applicant asks that the record reflect that the
existing tennis bubble that is being removed is 64' x 124 (7,936 sq. ft.). The applicant
requests a "GMQS credit" for that commercial square footage and the ability to apply for
its reconstruction at a future date, subject to the provisions of the Land Use Regulations
that may be in effect at that time.
Vested Rights
Pursuant to Section 26.52.080 of the Aspen Land Use Regulations, the applicant hereby
requests that this development be granted vested rights status.
Conclusion
In summary, the applicant has submitted all of the materials requested during the pre-
application conference. We have responded to the applicable standards of the Aspen Land
Use Code and have demonstrated our compliance with said standards. Should any reviewing
agency request additional information, or need for us to clarify any of the statements made
herein, we will respond in a timely manner. Please feel free to contact us as necessary.
Very truly yours,
ALAN RICHMAN PLANNING SERVICES
At~a:Jl
Alan Richman, AICP
RETAIN FOR PERI(IANENT RECORD
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EXHIBITS
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EXHIBIT #1
SCHEDULE A-LOAN POLICY
CASE NUMBER DATE OF POLICY
PCT15870C4 April 27, 2001 @ 10:38 AM
1. NAME OF INSURED:
AMOUNT OF INSURANCE
$7,500,000.00
POLICY NUMBER
1412..410791
MERRILL LYNCH BUSINESS FINANCIAL SERVICES, INC. ITS SUCCESSORS AND/OR ASSIGNS AS
THEIR INTERESTS MAY APPEAR
2. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN:
ASPEN CLUB & SPA LLC, A COLORADO LIMITED LIABILITY COMPANY
3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED IN THIS SCHEDULE AND WHICH IS
ENCUMBERED BY THE INSURED MORTGAGE IS:
IN FEE SIMPLE
4. THE MORTGAGE, HEREIN REFERRED TO AS THE INSURED MORTGAGE, AND THE
ASSIGNMENTS THEREOF, IF ANY, ARE DESCRIBED AS FOLLOWS:
Deed of Trust from : ASPEN CLUB & SPA LLC
To the Public Trustee of the County of PITKIN
For the use of : MERRILL LYNCH BUSINESS FINANCIAL SERVICES, INC.
Original Amount : $7,500,000.00
Dated : April 3, 2001
Recorded : April 27, 2001
Reception No. : 453906
5. THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF PITKIN, STATE OF
COLORADO AND IS DESCRIBED AS FOLLOWS:
See Attached Exhibit "A"
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS AVE.
ASPEN, COLORADO 81611
(970) 92S-1766
(970) 925-6527 FAX
THE POLICY NUMBER SHOWN ON THIS SCHEOULE MUST AGREE WITH THE PREPRINTEnJf~'PERMANENT RECORD
')
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL A:
LOT 15, CALLAHAN SUBDIVISION, according to the maps thereof recorded May 19,1976 in Plat Book 5 at Page 7,
August 17,1977 in Plat Book 6 at Page 16.
PARCEL B:
A pedestrian access easement through Lot 14, Callahan Subdivision and part of Crystal Circle within the Callahan
Subdivision, City of Aspen, Colorado being 12 feet in width, lying westerly of and abutting the following described line:
Beginning at a point on the Southerly line of Lot 14, Callahan Subdivision whence the Southwest corner of said Lot 14,
Callahan Subdivision bears N 88'25' W 199.49 feet; thence N 07'39' W 125.28 feet; thence N 13'15' E 69.49 feet to a
point on the South line of Lot 14-A, Callahan Subdivision, as set forth in Deed of Access Easement recorded January 11,
1985 in Book 479 at Page 661.
PARCEL C:
A right of access and vehicular access described as follows: a 24 foot wide private road adjacent to the most northerly
point of Lot 14, being the road that circles Lot 14A, Callahan Subdivision; thence following said private road Easterly
through Centennial Circle to Crystal Lake Road, and Northeasterly along the Westerly arm of said Crystal Lake Road to
Colorado State Highway No. 82 as shown on the final plat and development plan of the Callahan Subdivision, recorded
May 19,1976 in Plat Book 5 at Page 7, and as amended on August 17,1977 in Plat Book 6 at Page 16.
RETAIN FOR PERMANENT RECORD
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SCHEDULE B-PART I
CASE NUMBER
PCT15870C4
DATE OF POLICY
April 27, 2001 @ 10:38 AM
POLICY NUMBER
1412-410791
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by
law and not shown by the public records.
5. Water rights or claims of title to water.
6. Taxes for the year 2000 not yet due or payable.
7. Reservations and exceptions as set forth in Patent recorded June 17, 1949 in Book 175 at Page 24.
8. Easement and right of way for pipeline, flume & ditch as set forth in Book 93 at Page 527 as shown on
Survey by Carl R. Carmichael L.S. dated September 1, 1996.
9. Easements and restrictions as shown on Plats of Callahan Subdivision recorded May 19,1976 in Plat
Book 5 at Page 7, and as amended by Plat recorded August 17, 1977 in Plat Book 6 at Page 16,
affecting the property insured hereunder.
10. Terms, conditions, obligations and restrictions as set forth in Subdivision and Planned Unit Development
Agreement recorded May 19, 1976 in Book 312 at Page 110, and as modified by Notice recorded April
29, 1977 in Book 328 at Page 79, and Amendment to Subdivision and Planned Unit Development
Agreement Callahan Subdivision recorded March 31, 1997 as Reception No. 398668.
11. Terms and conditions of Pedestrian Access Easement granted to Aspen Club International, Inc., as set
forth in Deed of Access Easement recorded January 11, 1985 in Book 479 at Page 661.
12 . Terms, conditions, provisions and obligations as set forth in Shared Expense Agreement for Callahan
Sudivision Roads and Pond recorded August 28, 1992 in Book 687 at Page 365 and Modification
Agreement recorded August 28, 1992 in Book 687 at Page 409.
13. Terms, conditions, provisions and obligations as set forth in Temporary Access and Parkin9 Easement
recorded September 12,1996 as Reception No. 396948 as amended by Release and Partial Vacation of
Easement recorded July 18, 1997 as Reception No. 406446.
14. Terms, conditions, provisions and obligations as set forth in Agreement with Holy Cross Electric
Association recorded September 24, 1997 as Reception No. 408796.
15. Encroachment of Tennis Court and Cement Walkway onto the 10 foot utility easement as disclosed by
Survey of Carl R. Carmichael, PLS, dated September 1, 1996.
(Continued)
RETAIN FOR PERMANENT RECORD
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EXHIBIT #2
Mr. James Lindt, Planner
City of Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: ASPEN CLUB INSUBSTANTIAL PUD AND CONDITIONAL USE AMENDMENT
Dear Mr. Lindt,
I hereby authorize Alan Richman Planning Services to act as our designated representative
with respect to the land use application being submitted to your office for the Aspen Club
and Spa. Alan Richman is authorized to submit those land development applications
necessary to make an insubstantial amendment our prior PUD and conditional use
approvals. The purpose of the amendment is to replace an existing tennis court with a new
outdoor pool. Mr. Richman is also authorized to represent us in meetings with City of
Aspen staff and the City's review bodies.
Should you have any need to contact us during the course of your review of this application,
please do so through Alan Richman Planning Services, whose address and telephone number
are included in the land development application.
Sincerely,
q[~h]~
The Aspen Club and Spa
1450 Crystal Lake Road
Aspen, Colorado 81611
(970) 925-8900
RETAIN FOR PERMANENT RECORD
EXHIBIT #3
'1
~
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER:
PROJECT:
REPRESENTATIVE:
OWNER:
TYPE OF APPLICATION:
DESCRIPTION:
James Lindt, 920-5095
Aspen Club PUD Amendment
AJan Richman
DATE: 2/12/04
Insubstantial PUD Amendment, Insubstantial Conditional Use Amendment
The Applicant would like to remove the existing tennis bubble and tennis court to construct
an outdoor pool of approximately 2, 000 square feet in place of the court. Staff believes
that the request would require an insubstantial PUD amendment and an insubstantial
conditional use amendment since the Recreation Facility is a conditional use in the R -15
Zone District in which it is located.
Land Use Code Section(s)
Section 26.445.100(A) PUD Insubstantial Amendment
Section 26.425.0BO(A) Insubstantial Conditional Use Amendment
Review by:
Staff for complete application.
Referral Departments (Water, Sanitation, Parks, Engineering) for technical considerations.
Community Development Director for approval.
No.
Water, Sanitation, Parks, Engineering
Deposit of $546 for 2.5 hours of staff time.
Public Hearing:
Referral Agencies:
Planning Fees:
Referral Agency Fees:
Total Deposit:
$546 (Additional hours are billed at a rate of$220.oo per hour).
To apply, submit the following information:
I. Total Deposit for review of application.
2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name,
address, and telephone number of the representative authorized to act on behalf of the applicant.
3. Signed fee agreement.
4. Pre-application Conference Summary.
5. An 8 1/2" x II" vicinity map locating the subject parcels within the City of Aspen.
6. 2 Copies of the complete application packet and maps.
7. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed
development complies with the review standards relevant to the development application. Please include existing
conditions as well as proposed.
8. Site plan and landscaping plan showing proposed improvements.
9. Site Improvement Survey performed by a Colorado Licensed Surveyor that includes all existing site improvements and
easements.
10. Copies of prior approvals.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is
subject to change in the future, and upon factual representations that mayor may not be accurate. The summary does not create a
legal or vested right.
RETAIN FOR PERMANENT RECORD