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HomeMy WebLinkAboutcoa.lu.su.Callahan PUD.64A88 ,....., r4: ?;1~ r 4JO-v1 '~,t,. CASELOAD SUMMARY SHEET city of Aspen DATE RECEIVED: 11/22/88 DATE COMPLETE: PARCEL ID AND CASEAP' ~-89 CH STAFF MEMBER: PROJECT NAME: Callahan PUD Insubstantial Amendment Project Address: Centennial Circle Drive. Aspen Legal Address: APPLICANT: John Elmore, Lionel Yaw Applicant Address: P. O. Box 381, Wriqhtsville Beach, NC 28480 REPRESENTATIVE: Same Representative Address/Phone: PAID: YES NO AMOUNT: TYPE OF APPLICATION: $100.00 NO. OF COPIES RECEIVED: 1 STEP: 2 STEP: P&Z Meeting Date PUBLIC HEARING: YES NO VESTED, RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Planning Director Approval: Insubstantial Amendment or Exemption: Paid: Date: REFERRALS : City Attorney City Engineer Housing Dir. Aspen Water city Electric Envir. Hlth, Aspen Consolo S.D. Mtn. Bell parks Dept. Holy Cross Fire Marshall Building Inspector Roaring Fork Energy Center School District Rocky Mtn Nat Gas state Hwy Dept(GW} State Hwy Dept(GJ} Other DATE REFERRED: INITIALS: FINAL ROUTING: DATE ROUTED: --;17uJ1 ~ INITIAL: ~ Env. Health ___ City Atty ____ city Engineer ___ Zoning ___ Housing . Other: FILE STAWS AND LOCATION: ~('iuL ."'" tl/; If ~ Y- c; ,-, ASPEN/PITKIN PLANNING OFFICE 130 S. Galena Aspen, CO 81611 (303) 920-5090 LAND USE APPLICATION FEES city 00113-63250-134 00113-63270-136 00113-63280-137 00113-63300-139 00113-63310-140 00113-63320-141 Referral Fees: 00125-63340-205 00123-63340-190 00115-63340-163 County 00113-63160-126 00113-63170-127 00113-63180-128 00113-63190-129 00113-63200-130 00113-63210-131 00113-63220-132 00113-63230-133 00113-63450-146 Referral Fees: 00125-63340-205 00123-63340-190 00113-63360-143 Planning Office 00113-63080-122 00113-63090-123 00113-63140-124 00113-69000-145 GMP/conceptual GMP/Final SUb/Conceptual I n 00 Sub/Final 2-Step 1-Step/Consent Envir. .Health Housing Engineering Sub-Total GMP/General GMP/Detailed GMP/Final SUb/General Sub/Detailed Sub/Final 2-Step 1-Step/Consent Board of Adjustment Envir. Health Housing Engineering Sub-Total Sales City/County Code Compo Plan Copy Fees Other P&Z Sales Sub-Total . . TOTAL /DcJ lJ() Name: Oh1 E//}1tJ rU Phone: ~ot,..,' ~acA/!I!II--II" f'"".f -.{{G checJJfV -gO /51 Date: 1-:;:/ g ,. 1""'\ .t"""'\ MEMORANDUM FROM: Alan Richman, Planning Director Cindy Houben, Planner TO: RE: Callahan PUD Insubstantial Amendment DATE: November 22, 1988 =============================---------========================== Attached is a copy of the! proposed plans to landscape the Callahan POD parking lot for the Aspen Club. The proposal is to improve the aesthetic appearance of the entrance of the parking area and the Centennial Circle Drive leading to the proposed Gordon Subdivision. The proposal will also increase the number of parking spaces in the parking lot. My research indicates that a landscape plan was never approved and recorded for the Callahan PUD. This proposal is definitely an improvement and I recommend its approval pursuant to Section 7-907 of the Land Use Code. I approve this request pursuant to section 7- 907 of the Land Use Code regarding an insubstantial change to a recorded plat. ~U Alan Richman, Planning Director ch.clandscape 1k1J~(le.. ~ T. Richard Butera November 22, 1988 City of Aspen Planning and Zoning Department 130 S. Galena Aspen, Colorado 816ll Dear Cindy, Please accept this letter as my authorization to proceed with landscaping plans submitted by Stan Mathis for the landscaping work proposed on the Aspen Club parking lot. I agree to allow John Elmore to improve our parking area with burming, additional trees and to increase the parking spaces as outlined on the parking plans submitted to your 0 fice. Please call me if you h djp 1450 Crystal Lake Road, Aspen, Colorado 81611 303/925-8900 398668' SILVIA DAVIS . 11/131/199& 10:49A PG 1 OF ~ PITKIN COUNTY CLERK & RECORDER ~ REC 16.013 DOC NOT _...__....._._..._~._._-~---_._- .--,,-_.- AMENDMENT TO SUBDIVISION AND PLANNED UNIT DEVELOPMENT AGREEMENT CALLAHAN SUBDIVISION ~/y This Agreement, made this.,2....2... day of SeptCl1lbcr, 1996, by and between the City of Aspen, Colorado (hereinafter sometimes called "City"), and Aspen Club International, LLC and T. Richard Butera (hereinafter sometimes collectively called the "Owner"). WITNESSETH WHEREAS, the Owner applied to the City for approval, execution, and recordation of an Amendment to the Final Plat and Development Plan of the Callahan Subdivision, original plat recorded at Book S at Page L of the real estate records of Pitkin County, together with any previous amendments thereto ("the Amended Plat"); and WHEREAS, the Amended Plat encompasses land located within Lots 15, owned by Aspen Club International, LLC and Lot 14A, owned by T. Richard Butera (the "Property"); and WHEREAS, the City has fully considered such Amended Plat, and a change of use of portions of the Property and the improvement of the land therein, and the burdens to be imposed upon other adjoining or neighboring properties by reason of the proposed change of use and development of land included in the Amended Plat; and WHEREAS, the City is willing to approve, execute, and accept for recordation that Amended Plat upon agreement of the Owner to the matters hereinafter described; and WHEREAS, the City has imposed conditions and requirements in connection with its approval, execution and acceptance for recordation of the Amended Plat, and that such matters are necessary to protect, promote, and enhance the public welfare; NOW, THEREFORE, in consideration of the premises, the mutual covenants herein contained, and the approval, execution and acceptance of the Amended Plat for recordation by the City, it is agreed as follows: 1 . The Owner has submitted a revised site plan for Lots 1 4A and 1 5 of the Callahan Subdivision, which depict the approved configuration of the parking areas required for the uses on Lot 15. The site plan for Lot 15 shows that there will be 398&68 11/01/1996 10:49A PG 2 OF 3 Fifty-Six (56) parking spaces on Lot 15 accessed from Ute Avenue. The site plan for Lot 14A shows that there will be thirty (30) parking spaces for use by Lot 15 recreational uses; and the creation from Lot 1 4A of a new Lot 1 7 of Callahan Subdivision. The site plan also shows an area for Five (5) additional parking spaces on Lot 14A that have been reserved for use in the future if required by Lot 15. 2. The Owner agrees that all improvements shown on the Amended Plat, including landscaping shall be constructed as delineated thereon. 3. The Owner agrees that they will not authorize parking within the delivery area off of Ute Avenue as delineated on the Amended Plat. 4. The Owner agrees to install signs on Lots 15 and 14A as follows: a. A sign shall be installed in the parking area located on Lot 15, stating that preference for parking shall be given to therapy patients and handicapped persons. b. A sign shall be installed in the parking area located on Lot 1 4A, stating that parking is for members only, and not for the adjacent residences. The enforcement of such restriction~ shall be the obligation of the Owner. 5. Exhibit A attached hereto ~nd incorporated herein by this reference represents an Easement Agreement that restricts the use of the spaces located on Lot 14A for the use of members of the Owner of Lot 15, recreation facility and is binding on the heirs, successors and assigns of the Owner of Lot 14A. 6. Exhibit B attached hereto and incorporated herein by this reference, is a memorandum from Alan Richman to the Aspen City Council dated July 15, 1996. The Applicant agrees that all representations contained in Exhibit B for conditions of the approval of the Amended Plat. The Owner of Lot 15 agrees to submit a report to the City of Aspen within one year after the completion of construction of the parking areas on Lot 15 and 14A addressing the effectiveness of the Transportation Management Plan, for review by the City Council. 7. The Applicant hereby agrees that all representations made by the Owner before the City Council are conditions of this approval unless otherwise amended by , subsequent conditions or amendments. v 398668 11/01/1996 10:49A PG 3 OF 3 8. If the Owner desires to modify the Amended Plat, such modification shall be reviewed and approved by the Community Development Director of the joint City of Aspen, Pitkin County Planning Department. If the Director considers such modifications to be significant, such modifications shall be reviewed and approved by the City of Aspen Planning & Zoning Commission with the right of the Applicant to appeal such review to the City Council. 9. If there are any conflicts or inconsistencies between this Amendment to Subdivision and Planned Unit Development Agreement and the Subdivision and Planned Unit Development Agreement for the Callahan Subdivision recorded May 19, 1976 at Book 312 at Page 110 at Reception No. 183890 and any amendments thereto, the provisions of this Amendment shall control. 10. At such time as and to the extent that Owner of either of Lots 14A, Lot 1 7, or Lot 1 5 have assigned any of their rights hereunder such Assignee has assumed any obligations hereunder, such owner shall have no further obligation for such assumed obligation. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. CITY OF ASPEN By: ~(>~ ASPEN CLUB INTERNATIONAL, LLC ~~;/" , individually By: avh\butera\docs\callahan.amd ~\ ^ NOTICE OF PUBLIC HEARING PLEASE TAKE NOTE that on the 6th day of July, 1978, a public hearing shall be held at 5:00 p.m. before the Planning and Zoning Commission for the City of Aspen, Colorado, in the City Council Meeting Room in City Hall. Said hearing is being held to consider the application for the expansion of the conditional use, namely the Recreation Building located on the following described property: Lot 15, Callahan Subdivision City of Aspen GARFIELD & HECHT BYAS~~ Attorney for the Applicant ~ (~ M E M 0 RAN DUM TO: Aspen City Council FROM: Planning Office, Karen Smith RE: Aspen Club - PUD Amendment DATE: July 6, 1978 The Planning and Zoning Commission will consider the conditional use application for the Aspen Club expansion proposal at a pUblic hearing tonight, July 6th. We are including our P&Z memo in your packet because it incorporates information relevant to your continued consideration of the PUD amendment on Monday. After our own site inspection, it is even more apparent to us that the design of the western addition and the place- ment of the new western tennis court do not integrate compatibly with surrounding terrain and land uses and therefore do not meet PUD objectives. We have asked the applicant to provide elevations and landscaping plans which should be available by tonight's meeting. sr i"""\. ,-" MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Planning Office, Karen Smith RE: Aspen Club Expansion - Conditional Use DATE: June 30, 1978 On Thursday July 6, the P&Z will consider at a conditional use hearing, the expansion of the Aspen Club, a recreational club, which is a conditional use in the Rural Residential Zone. Since we have previously considered the proposal as a PUD and subdivision plat amendment, we will not repeat the details of the expansion here. In sum, the application requests an additional 10,715 square feet of enclosed space within the club, an over- hang over the below grade entrance and two additional tennis courts. The change of the Benedict dining facility to single family is not under con- sideration. As a reminderlSection 24-3.3 of the Code states that in considering the suitability of the conditional use, the P&Z shall determine: 1. Whether the proposed use otherwise complies with all requirements imposed by the zoning code. 2. Whether the proposed use is consistent with the objectives and purposes of the zone district. 3. If the Use is compatible with surrounding land uses and uses in the area. The question of compliance with zoning code provisions is a matter that can be handled as well through the PUD amendment, since the FAR and other area and bul k requi rements are set thro1l9h that process. Council tabled the PUD amendment at their last meeting. They have set a site inspection and alerted the applicant that they would like to see further information or presentations including: 1. Elevations of building as required in original PUD process. 2. Financial figures showing the need for additional members in order to keep local memberships at a low rate. The cost of the improvements should be contrasted. 3. Council expressed concern over the differential rates among local group memberships. 4. Landscaping plan as required in PUD. 5. Some expressed concern that the building profile be lowered. Consistency with zone district purposes and compatibility with adjacent land uses are issues best discussed together. The intent of the RR Zone District is as follows: To allow utilization of land for low density residental purposes with customary recreational, institutional, publi:c and other com- patible uses customarily found in proximity to those uses permitted including conditional uses. Adjacent land uses include the Benedict Office building to the west, single family residences across the river to the northwest, and condominiums across the river to the northeast. The latter two uses are part of the same Callahan subdivision which included the Aspen Club. The issues concerning compatibility with adjacent uses and consistency with the Zone District include those we isolated in our June 16 memorandum. Again we feel that the intensity of the use by local members will increase beyond 'i) ^ r--, Memo to City. P&Z Aspen Club Expansion Page 2 a degree which is appropriate to the rural residential district and to the adjacent R-6 PUD district. We do not believe the district envisioned rec- reational uses which serve the entire community, but rather that the phrase "recreational uses customarily found in proximity to residential uses" meant those that served an immediate neighborhood. This is consistent with the original representations made about the club, but not with the new Community-wide orientatiCm, however^beneficial the memberships may be to a certain segment of the local population. Compatibility with adjacent uses is undermined by both the traffic conges- tion of increased local use and the physical scale and placement of pro- posed additions to the facility. We remain unconvinced that increased bus service will persuade the local person to take the bus rather than drive his car. Taking the bus increases the length of the member's lunch "hour", no matter how you look at it. Usually a person will maximize his recreational time and then try to minimize his travel time by having an auto there at his beck and call. While we'd prefer more transit-concious- ness, we don't see any evidence. We would recommend against approval in any event until the experimental results of the transitlparking enforce- ment system can be measured. After having conducted our own site inspection and looking at a topographic map of the site, weare even more convinced that the scale and location of physical improvements is inappropriate with respect to adjacent land uses. We grant that the Benedict building itself is not an appropr,iate use in the Ute Avenue area, but at least it has been well-landscaped and maintains a green-spaced buffer. The proposed new tennis court to the west of the recreational building would be built to the property line. More unfortunate is the fact that it would require excavation into a ridge which now is covered with brush and aspen and serves to conceal the huge mass of the club facility. The possibility of a high retaining wall to bolster up the court is an affront to the adjacent property in and of itself and would expose the club's currently massive facade. A good PUD design would not build into the setback and should retain buffers. We adamantly recommend that the court be dropped, !from the plan. The situation worsens when you consider the proposed western addition to the building which also cuts into the ridge which has well served as a buffer to date. The building now is very visible from Mountain Valley and other higher elevations around town. With the addition, it will look even more massive. But at'least it was fairly well hidden from those immediately adjacent. The addition represents a serious deficiency in the quality of the design. The purpose of the PUD is to ensure sound architectural and site design and to promote compatibility with the natural terrain and adjacent areas through permitted variance in strict setback and other bulk provisions. We are sorry we did not require the applicants to provide architectural elevations, landscaping, and site plans because we think they would show that the proposed mod- ifications do not serve the intent of planned unit developments. The flaws we perceive in the design, however, also constitute grounds for denial of the conditional ..use application because they are incompatible with adjacent land uses ana generally with a residential zone. , ' ~\ .,.-., CERTIFICATE OF MAILING I, the undersigned, hereby certify that I served a copy of the attached Notice of Public Hearing by depositing a copy thereof, first class postage prepaid, in the United States mails, addressed as follows: Fredric A. Benedict P.O. Box 40 Aspen, Colorado 81611 Pitkin County commissioners c/o pitkin County Courthouse 506 E. Main St. Aspen, Colorado 81611 City Council of the City of Aspen, c/o Aspen City Hall 130 South Galena St. Aspen~ Colorado 81611 Benedict Land & Cattle Company, a Colorado corporation P.O. Box 40 Aspen, Colorado 81611 Fabienne Benedict P.O. Box 40 Aspen, Colorado 81611 Robert S. Goldsamt 1450 Crystal Lake Road Aspen, Colorado 81611 R.S.G. Development, Inc., a Colorado corporation 1450 Crystal Lake Road Bureau of Land Management Grand Junction District Office 764 Horizon Drive Grand Junction, Colorado 81501 William E. and Eleanor Stevenson P.O. Box L Aspen, Colorado 81611 peronelle Burnford P.O. Box 2052 Aspen, Colorado 81611 DATED: ! i-71.L ,;Jj Sr- { .,-, ^ CERTIFICATE OF HAND DELIVERY I, the undersigned, hereby certify that I have served a true and correct copy of the attached Notice of Public Hearing by HAND DELIVERING the same to the following: City of Aspen City Manager - Mick Mahoney city Attorney - Dorothy Nuttall City Clerk - Kathryn Hauter pitkin County Commissioners County Manager - George Ochs County Attorney - Sandra Stuller Kristy Murray Julie Hane - Pitkin County Clerk and Recorder / \ DATED: C2/,j/, \ 1978. r_~LeL ~ ,,-., M E M 0 RAN DUM TO: Aspen City Council Planning Office, Karen Smith FROM: RE: Aspen Club, PUD Amendment DATE: June 21, 1978 The Planning and Zoning Commission acted this past Tuesday to recommend approval of a PUD amendment involving the expansion of the Aspen Club and internal modifications of use all as further described in the attached application. The Planning Office had recommended denial of the PUD amendment on the grounds that the admitted public benefits (in terms of increased local membership of the promised reasonable rates) did not out- weigh potentially adverse impacts as identified in the Planning Office memorandum of June 16. City Council may amend the PUD (after P&Z recommendation) only if the changes are shown to be required by changes in conditions that have occured since the final plan was approved or by changes in community policy. The Planning Office agrees that conditions have changed in that much more demand for local membership has occured than antici- pated. But with that higher level of memberships there can be increased congestion and will be expansion of size and scale of the facility beyond that which is compatible with the terrain. The original application projected that 90 to 250 people would use the facility at one time (or during one day). Now the membe!Bmp is up to 1300 persons with 300 daily visitors- the proposal would expand the membership to 1700. These two community concerns were repeatedly brought up in previous Council reviews and it is our opinion that they remain as community concerns and thus there has been no change in com- munity pOlicy. In .fact,experience has proved that traffic con- gestion is a problem,. The size of the building was a concern of the Planning Office as the application changed upwards in previous reviews from 24,000 square feet to 38,000 square feet, to the current 42,000 square foot facility. The Planning Office did not object to the change in the Benedict residence from restaurant to single family residence as the residents are in favor and there will be less commercial space in the PUD: we'd recommend that there be a condition against expansion of res- taurant/bar space in the club facility itself however. The P&Z was persuaded that the adverse congestion impacts could be resolved by the transit alternatives offered by the appli- cant. Conditions of their recommendation were that: 1. The applicant alleviate the serious concerns of the Commission regarding traffic congestion by the develop- ment of an improved City Transit system subsidized by the Aspen Club and initiation of charged parking and other parking provisions. 2. Conditional use approval. Because the recreation club is a conditional use in the Rural Residential Zone, it must receive conditional use approval from the P&Z. The P&Z has scheduled a public hearing for its July 6 meeting. The P&Z also excepted the application from full subdivision procedures provided that the Engineering Department's concerns as expressed in its June 16 memo are satisfied. - 1 - f"""", l~\ Memo to City Council Aspen Club June 21, 1978 In sum, while the P&Z recommended approval because of changing conditions since original approval, the Planning Office believes that those changing conditions do not require expansion of the club. Given the adverse impact in terms previously expressed community policy - such as traffic congestion, intensified use, and increased mass and scale all of which are incompatible with the objectives of the RR district, we feel that there is no change in community policy that warrants the amendments at this time. sr 1"""\ ------- ...-., M E M 0 RAN DUM TO: Aspen Planning and Zoning Commission FROM: Planning Office, Ka~en Smith RE: Callahan PUD Amendment DATE: June 16, 1978 The attached application clearly states the proposal for a PUP Amendment to expand the Aspen Club. It is justified on the basis of changing con- ditions which are, in summary, that the Club is being used far more by locals than was originally anticipated. In order to improve the avail- ability of local memberships at lower cost, the application asserts the need to expand. Since there are fewer higher priced memberships, the financial feasibility of the project apparenty depends on increasing the number of lower priced memberships. The demand for more local partici- pation is demonstrated by the fact that there is a waiting list of some 200 persons. The grounds fQr the ~pplication certainly do represent a change in con- ditions and raises, a question of change in community policy. The latter is the second matter that the P & Z must consider in any deliber- ation to amend the PUD. Specifically, when the Aspen Club was presented for approval it was represented that the recreation club would be a low intensive facility deriving its major source of participants from the surrounding subdivision. This was represented by Mr. Kutik at the time of final plat (Februa~y 23, 1976) approval along with the statement that no more than 90 to 250 people would be on the site at anyone time. Now we are talking about a different kind of facility with greater numbers of participants and drawn fundamentally from the comnunity. It is our impression that this represents a major change and one that we are re- luctant to condone without examining all other related areas of community concern as have been expressed in past reviews. These are as follows: 1. Membership: In addition to the noted change in type of member- ship both in terms of overall numbers and in terms of community- wide versus internal, there is still the question of afforda- bility by local members. The application states that continued lower prices are the objective of this expansion. But what guarantees do we have? As you can see from Council minutes this issue was raised continually during the Final Plat consideration. 2. Intensification of the use: This amendment proposes to drop the Benedict residence as a restaurant with a net stated reduction of some 9400 square feet of commercial space. The Benedict house would revert to a single family dwelling. The applicant states that the reduction would lessen the intensity of use in that people would not be so inclined to visit the Aspen Club solely for socialldining purposes. This is only true if dining facili- ties are not expanded within the club building and we have seen continual pressure to accomodate expansion thereio. 3. Size and Massing: The Planning Office on numerous occasions raised the concern about the mass of the building, Between conceptual and final plat the size increased considerably, The Planning Office did state that the applicant could come in later for a third enclosed court after the community had a chance to view the impacts. Nevertheless, the fact remains that the facil- ity is the second-la~gest in the Aspen Metro area ~over half a block. One expansion has already been approved through a plat amendment. The structure, in our opinion, has exceeded an appropriate scale for the rural residential zone. It is out~ of-character with the objective of retaining wooded vegetation and compatibility with natural terrain. -----, ~ ^ Memo to Aspen P & Z Callahan PUD June 16, 1978 4. Traffic con~estion: One of the fears the Planning Office had about the Slze of the facility is that it would result in in- creased automobile traffic and congestion. Experience has proved this to be the case. We have one written request from Crestahaus that any expansion be approved after the traffic problem is im- proved. The applicant, however, has advised us that it will offer a mass transit solution coupled with strict enforcement of the parking. The community would have to accept the proposal on good faith since we have no experience to prove the situation can be improved. You will hear more from the applicant on Tuesday. The issue seems to boil down to a trade-off between the proposed increased availability of participation for locals versus further intensification of the use and resultant impacts. The question is whether the community is ready to accept additional impacts in favor of the community benefit. At a minimum, strict conditions regarding transportation commitments (should be an amendment to the subdivision agreement), and pricing policy to protect the local participant and,lIlJeexpans'ton of restaurant space should be conditions. Tightened control over Ute Avenue access is another. Our concerns are the same as they were throughout the original approval process. We feel that the Aspen Club has already incrementally increased beyond the original presentation to a facility that is much more intensive in use and greater in physical scale" We think that the relevant community pol icy centered on these concerns previously/and that the fundamental community concerns remain. Those who now have Aspen Club membership and those who wish to join do enjoy the benefits of a first-class recreational facility at a reasonable cost. However, at this time we cannot recommend that those benefits outweight the costs in community impacts. Assurances that the situation will improve are not as good as experienced improvement. Dave Ell is wi 11 include hi s comments. And for your i nformati on we have included the minutes of Council's final plat deliberations. One procedural note is due. Since a recreation club is a conditional use in the district, the expansion requires a condit;,onal use hearing and approval. Should you wish to recommend approval of the proposal with conditions you should include a contingency of conditional use approval. -- !"*'" '~'-' MEMO TO: KAREN SMITH PLANNING DAVE ELLIS ~( /' ENGINEERING~ FROM: DATE: June 16, 1978 Callahan Subdivision (2nd amended plat) Preliminary Review RE: After having reviewed the amended plat the engineering department's comments are as follows: On sheet lB the relocated fire adcess easements should be shown. Also, the book and page location fdr the twenty-four foot utility and access easement abutting Lots 15 and 16 should be corrected to read Book 312, Page 154. Finally,con sheet lB a certificate of accep- tance and approval for City Council is necessary. On sheet 3B the existing building footprint is incor- rectly oriented, and the modified fire access easement on the westerly side of Lot 15 should be shown. The original plat indicated that the minimum setback was thirty feet; however, the roof overhang reduces this to fifteen feet. The relocation of the easterly fire access easement will necessitate either a new road cut within the existing easement or a relocated easement abutting the south side of Lot 15. Since no mention was made in the amended plat submission of changes to parking configuration, it is our assumption that no changes are intended. This would mean that about half of the existing parking on Lot 14A will be deleted and replaced with landscaping per the original plat. Subject to the above conditions and the granting of an exception to pUblic hearing procedure for preliminary plat approval, the engineering department recommends approval of the preliminary amended plat. jk cc: Ashley Anderson .r-. ~.GWART TITLE OF ASPEN, INC. 1""'\ HEREBY CERTIFIES from a search of the books in this office that the owner of: ~. Real property wi.thin 300 feet of the following described parcel: Lot l5 , CALLAHAN SUBDIVISION, as shown in Plat Book 5 at page 5, Plat Book 5 at page 7 and Plat Book 6 at page 16.' Situated in the County of Pitkin, State of Colorado, appears to be vested in the name of 1.Benedict Land and Cattle Company, a Colorado corporation 2.Frederick A. Benedict 3.FabienneBenedict, 4.RobertS. Goldsamt 5.RSG Development,.Inc.~ a Colorado corporation 6.Bureau, of. Land Management 7.City of Aspen (Ute Park) S.PitkinCounty Commissioners (Easement through Lots l5' and 16, Callahan Subdivision) 9.Peronelle Burnford 10.William E. Stevenson and Eleanor Stevenson Although we believe the facts stated are true, this Certificate is not to be construed as an abstract ,of title, nor an opinion of title, nor a guaranty of title, and it is understood and agreed that Stewart Title of Aspen, Inc. neither assumes, nor will be charges with any financial obligation or liability whatever \on account of any statement contained herein. June A.D. 19 7Sat 8:.00 A.M. D~ted at Aspen, Colorado, this 12th day of STEWART TITLE OF ASPEN, INC. BY: .Q IJ~~ . I ~iden~~ ". " ~ .""'" MEMORANDUM TO: ~ave Ellis, City Engineer Willard Clapper,. Fire Chief George Newell, Fire Marshal FR6~1: Richard Grice, Planning Office RE: Aspen Club, P.U.D. Amendment DATE: June 2, 1978 I The Aspen Ciub is now requesting several changes in their approved P.U.D. plan~ ?he proposed changes are Qptlined in the attached letter of application. In addition to the application, each of you should receive sheets IB and 3B of the second amended Final Plat. This item is nm\7 tentatively scheduled for the June 20 City' p&Z. Could I please haye your reactions and ,\7ritten comments by June 14, 1978? Thanks. " RG:mc I"""\.r'\ ""'- , '~, '",-- GARJ;'IlCIJD & H:IDCHT ATTONNEY6 AT LAW V1C'rORIANSQUARF.: BUtLJnNO 611J EA~T HYMAN ^Vfo~:-;t::E SJ<;C'Or-oD J:o'LOOH ASPE:'Io"", COl.ORAnO SUH i RO:'\ALD OARlo~J1o~L}) AX DREW V. HECHT TEL.EP!lOS& (303J 92;:;-1936 ASHLEY A."'DI-:RSOz.; CfIIUSTOPH8H :0;. SOMMl~R May 24, 1978 Planning and Zoning Commission Aspen City Hall 130 Galena Street Aspen, Colorado 81611 . Dear P & Z Members: ,This is an application pursuant to 24-8.26 of the Aspen City Code for an Amendment to the Callahan Subdivision PUD. Ac'cording to 24-8.26 "Such amendments shall be made only if they are shown to be required by changes and conditions that have occurred since the final plan was approved or by changes in community policy." The Aspen Club has seen a tremendous change in conditions since the approval of the original plan. ., That change is the overwhelming response that the Aspen Club has received from members of the local population. At the , present time, at least 90% of the club lnembers are locals and there are approximately 200 locals on the waiting list. The local members and those on the waiting list come from all walks of life, inCluding a large number of local employees from such organizations as the City, County, Aspen Valley Hospital and several other local businesses. The reason for this local response is clear, it is the low rate structure of the Club. It was always envisioned that the Club would have local members, but it was originally envisioned that they would be greatly outnumbered by non resident members who would be paying high fees and the tCltal number of Club memberswould'be lm.... \'lith the present r a'te structure as stated above, the opposite has occurred and the locals presently greatly outnumber the non residents and the total number of members greatly exceeds original expectations. In order to accomodate this local pres- sure for memberships and in order to assist in keeping the rate structure at an affordable limit for all locals, the applicant is proposing the following limited alterations to the Club's facilities: , , I""'" ^-, P & Z Members . Page 2 May 24, 1978 1. The Benedict Residence, presently approved for a Club dining facility will revert back to a single family res- idence. This facility is presently approved for an expansion of approximately 4,400 feet, which when added to the present 9,000 square feet would have made a dining facility of approx- imately 9,400 square feet. If the facility reverts back to single family status, this expansion will be abandoned and the result will be a net reduction in corrunercial space at the Club of approximately 9,400 square feet. t/ 2. The recreation building will be expanded by a total of approximate1y'IO,715 square feet. The exterior change in the building as a result of this expansion is demonstrated on .the plans attached to this application, as well as on the proposed amended plat attached to the application. The interior changes are demonstrated by a comparison of the sketch plans of the proposed expansion with the sketch plans of the building as it presently exists, both of which are attached to 'the application. There are several basic purposes for the expansion of the recreation building: (a) the small addition, containing approximately 108 square feet on the east side of the building is necessary for use as an equipment and storage facility for the pool and the jacuzzis; (b) the expansion on the south side of the building, containing approximately 552 square feet which ac'tually is merely the 'glassing in of an already existing entryway will allow us to move the pro shop into that facility; 'in addition, the small office space presently between the pro shop and of this office space will allow us to expand the womens' locker room to almost double its present: capacity. This is extremely important as the breakdOlm of Club membership is nearly 50-50 be'tween men and ,wmen; a percentage that was completely unforeseen at the time of the original approval. (c) The weigh't room and therapy roorn presently im- mediat,ely adjacent to the mens' locker room will be moved to the expansion on the ~Iest side of the building and this will al,low us to 'greatly expand the mens' locker room. ~\llis expansion of the mens' locker facility is dlso extremely import:ant since, because of the ,large. tlnforeseen number of members" the present facility is woefully inadequate , \. -~ .;- P & Z ,Member s Page 3 May 24, 1978 (d) As mentioned, the offices as well as the weight and therapy facilities will be moved to the expansion on the west side of the building. The present office facilities are almost non-existent and with the large number of members, the administra- tion of the Club has become much more <:omplicated and thus this office space is very important. Furthermore, the weight room and therapy room will'be greatly ex- panded since the present facility is also inadequate. The present facility 'is inadequate in large part due to the large number of women using the weight room. This too was unforeseen at the time of the original approval. (e) Also to be contained in the expansion on the east side of the building are six additional racquet- ball courts. This, of course, .is necessary to accomodate the large number of members and to allow us to accept the large numbers now on the waiting list. 3.-' We request permission to add t"lO tennis courts. The location of these courts is demonstrated on the sketch plan and on the plat attached to this application. Additionally, we ask permission to cover the court to the southeast of the recreation building to allow play indoo7s in the winter. This court, as the rendering which we will submi.t at the hearing clearly demonstrates, is located such that the cover will be virtually impossible to see. Also, according to Hal Clark, who at that time was the planner, the City Council, during the original approval process, indicated to the applicant that he should see how the Club went and if. it became necessary, to come back to Council and request permission to build an addition- al indoor court. This, of course, is' not fully indoors as the cover "Jill be re.moved in the summer. The covering of this, court is extremely important to our entire expansion plan and to our quest to keep the rates affordable for all locals. The number of tennis memberships that we can accept is in direct proportion to the amount of indoor space available in the winter. These 'tennis members do pay more than the health club members, therefore, in order to keep rates affordable, it i.s iITipOJ:tant. U'c)t "ie be able to take in a sL,bsl.dntial l1)lmber of tennis members. " \+- . 4. 'l'he applicant requests pc,ni1i.ssion to build a s7-anted , ~~ \ V roof over t.he drivelvay area inth::, cear or south of th,:, re- ~~~ . creation b~lil~ing.. 'rilis Ivould be a~pr,?ximat21y 2,?OO s<;fuure \~tl/. feet and S1.ne, 1. t ~s T<lel'oly a roof J.t ,J.s.not cont.a1.ncd ~n the \)</{'-:r-, 10, 21~ square .-foot expansion fi9ure s~ated above. 'Ph0 purpose . , of ,lus roof lS merc~ly to protect agaJ.I)st snow fullin9 from thi", . , ,~. i~ P & Z Members Page 4 May 24, 1978 roof of the recreation building, as it did last winter, onto the driveway below. As mentioned, the tremendous response from locals to the C).ub was largely unforeseen. Also as mentioned, the reason for that response is clear, the low rate structure. The ap- plicant sincerely desires to accomodate the local demand and to do so at rates affordable to locals from all walks of life. Although minimal, the amendments detailed above are curcual to the applicant's efforts, and therefore we respectfully request their approval. Sincerely, GA~ t::~Jl Ashley Anderson Attorney for Robert S. Goldsamt, Applicant AA:le .' (""',-, I"", ~bt ~rtS'tafJauS' 1lJnbge, 11:. hie -A~"(IAA.IJ!.uJ; 1301 EAST HIGHWAY 82 ASPEN, COLORADO 81611 303925-7081 ~~"? ~ I:' 7Y 7'. 7. 7f~mu~ , ~1of.. ~'de.,,-r>'j' I/1M" c1a4~Y;L-6'?,,", ~ /-I!W ~ tAb J ~Vk 'fz.-Je ft.4 cvc=~ %. J4fLa. juo10h 'Ytz;ll/c ;Jtu'd- CU- ~ d"Yr ~ ~ cf'~, 2~T. fud,,-/~ (.JQY/U' i 9~/' iJL;llc c~ ~ ~C>~"'/ ~ fie;, 'thrc 07'k OtJ~7Uj ()!Ji/7'de4' JjP'-<- 9ce~)' /-U~ A-I ~ I I~I ) . I' VI (~ ~! -h ..-Mtc! cU-<-1-7 ~ ~, _ . dlw';) 8'l2 # dt;; /!cW ~ U- fI ~0C'67L/ ~ Pftr J~ e auF) iAyf'e-. t21P JtJaol /:/a~ lfi- (jiddu c~ dfl- JUVOo--u-i'dd a.1 yt1e e~ ~.r j(u, f~ llaJ dh % fltz Ai"", 'i!~ ;J,~.~~ j ;. M~ rY< cI"*,?,CQ<d r ;ji't!da <0< ~ f_alk- -i - ~ A-t d<:- ~ YM! ~ cot QItv{it. (\j~ .Pi )1t0 a. ('~dc:Uu I- :; ~I- OL 074' c.L =,-- c:/ MJr O"YL ./1/ I~I /f?,4ktw ~'()"Ic ('~;&. a tftn~ tJ7'9L rt-~ /Zp. . "J {,\I/' _ ~ r. ~'~ y/ ....~_.. /~ / //" /~ / / l - .-::::> 'f""\. --.. Cbty fr, -e -..... !; MEMO TO: . FROM: FILE DAVE ELLIS ~.?:- CITY ENGINEER DATE: RE: April 11, 1978 Minutes of Meeting with Ashley Anderson and Jim Reser on the Callahan Subdivision, PUD amendment April 11th we discussed the mechanics of changing the plat. The conclusion was that we, would redo two sheets, numbered lB and 3B. All language and references to utility easements and other items not specifically amended on the PUD plan would be omitted from-the amended sheets. The items that will specifical'ly be shown are 1) the change in the recreation club footprint on Lot 15, 2) the Change in the water line alinement on Lot 15, and 3) the change in the book and page for the utility easement along Lot 15. The dedication would be short and to the point referring only to the owners of the property and their intent to amend the PUD as shown on the amended sheets. Signatures on the amended plat would include City Council, SUrveyor, City Engineer, P & Z, and Director of Parks. One item which was discussed . was whether orno,t Goldsamt could sign the amended plat dedication as owner or whether the ,Benedicts and all con~ dominium owners would hav.e to be included. Ashley will re- solve this with Dorothy. It was noted that should they want to make application for increased parking on Lot l4, that this would be the ideal time to do this and also, that the P & Z or Council might require additional parking for the proposed new tennis courts. The problem of how to handle the newly annexedter- ri tory was also discussed.' It was conc luded that. .the new territory would not in any way be shown on the PUD amendment, Ashley still feels that they can go through subdivision ex- emption; I feel that they should be required to go through full Subdivision procedure. I noted that I had concerns re- garding the adequacy of both the alinement and width on the right-ai-way adjacent to Lots 15 and the tennis court's. I also indicated that it might not be in the'City's best interest to have this dedicated at the present time because of main_ tenance problems; however, ultimately the City would most certainly want to have the right-of-way available on a full dedication basis. Although the proposed tennis courts would probably not be affected, it was'noted ~hat it is in a slide path and that the slide has run this spring. .. jk .~ .~ /It' L/'-' M E M 0 RAN DUM TO: Aspen Planning and Zoning Commission FROM: Planning Office (KS) RE: Callahan Subdivision - PUD plan Amendment Request DATE: February 3, 1978 As the attached correspondence dated February 1, 1978, details, Robert S. Goldsamt of the Aspen Club is again requesting a PUD amendment to the approved Callahan Subdivision/PUD. The requested amendment is for the purpose of relocating the club dining facility from the approved location at the Benedict Residence to the recreational facility. The final PUD plan for Callahan allows the addition of some 4,400 square feet to the existing 5,000 square feet of the Benedict residence, resulting in a dining facility of some 9,400 square feet. The appli- cants now propose to transfer the additional 4,400 square feet permissab1e to the recreational building for use as a dining facility within that structure. There would be no increase therefore in total commercial space, but merely the transfer and relocation in another structure. The recreational facility was approved for 39,499 square feet. One substantive change results, however, in that the 5,000 square feet of the Benedict residence would become residential instead of commercial resulting in one more residential unit to add to the 38 already approved. Section 24-8.26 of the City Zoning Code allows certain amendments to the PUD plan to be made "only by the City Council after review and recommendation by the planning and zoning board." Such amendments may be made only upon showing: 1. That they are required by changes in conditions that have occured since the final plan approval, or 2. That there have occured changes in community policy. The applicant offers as justification the rationale that the change will segregate commercial uses from residential and that this is desired by residents of the subdivision (numerous., letters are submitted in support). Also, they state that since there will be a food service operation anyway in the recreational building (which was recently granted a liquor 1 icense) that efficiency will be enhanced by locating the two food service operations under one roof. Traffic, they say will be less in the residential area if the Benedict house is residential instead of commercial. And furthermore, they think the new location will actually Serve as an auto-disincentive since the parking lot will be at a further distance from the dining facility. The shuttle bus then will presumably be more attractive. As many of you will recall, this request was made to and denied by the P&Z in June of this year. At the time the Planning Office expressed a number of conc~ns, a primary concern being increased pressure for use of Ute Avenue due to concentration of all the high impact activities in the recreational facility. Other concerns are as follows: 1. The intent of the PUD plan was not to concentrate all commercial and recreational activity in the recreational building area to avoid inevitable future demand for use of Ute Avenue as access. ~ \ ~ City Planning and Zoning Commission February 3, 1978 Page Two 2. While traffic impact may be in one sense reduced in the residential area, the net reduction would seem to be minimal given the fact that all access to the recreational facility is to be from the Highway 82 side. 3. Moving the dining facility and substituting a residence will reduce the common area open to the residents and increase the residential units by one. 4. There do not appear to be changed circumstances requiring the change in location and there has been no change in community policy relevant to the relocation. On the positive side, the relocation means a 4,400 square foot dining facility instead of 9,400 square feet. Residents seem to be in favor of exchanging common and dining area for the less intense residential use. The applicant, by letter dated February 2nd, has agreed to certain restrictions designed to ease auto impact (prevent .use of Ute Avenue) and prevent proliferation of parking areas. Only because of the latter set of agreements has the Planning Office reconsidered its earlier opposition. The questionlnow seems to boil down to one of whether the agreements are sUfficiently enforceable and capable of preventing the kind of pressure for Ute Avenue access or additional interior parking and congestion that the original plan was designed to prevent. 1mk encs. ^,~ ,-. ,-, GARFIELD & HECHT A'l'TORNEVS AT LAW VICTORIAN SQUARE BUILDING 601 E. HYMAN AVENUE, SUITES 201 & 202 ASPEN, COLORADO 81611 RONALD GARFIELD ANDREW V, HECHT Februcu:y 2, 1978 TELEPHONE (30S) 925-1936 ASHLEY ANDERSON CHRISTOPHER N. SOMMER Bill Kane, Planning Director City of Aspen Aspen, Colorado HAND DELIVERED Dear Bill: I am writing this letter pursuant to our conversation in your off~ce on February 2, 1978. Please be advised that as a condition for the relocation of the dining facility in the Callahan Subdivision from the "Benedict Residence" to the Recreation Building, the Applicant, Robert S. Goldsamt, for himself and his successors agrees to the following: 1. The Applicant will covenant with the City of Aspen that the Benedict Residence will remain a single family dwelling and will not be expanded. 2. No Aspen Club members will be allowed to park in the park- ing lot for the Benedict Office Building. Further, if necessary, in this regard, the Applicant will patrol this lot and remove the automobileS of any member parked there and using the facilities. 3. The Applicant will erect whatever physical restraints are necessary to insure that access to the Recreation Building cannot be gained from Ute Avenue. 4. No parking will be allowed on Highway 82. 5. Any increase in auto traffic due to the dining facility will be accommodated by an increase in the Club's shuttle system. 6. Use of the dining facility will be restricted to Club members and their guests. Respectfully submitted, ASh~d~SqUire For the Applicant, ROBERT S. GOLDSAMT I"""~ ~.~ , GARFIELD & HECHT ATTORNEYS AT LAW RONALD GARFIELD ANDREW V, HECHT VICTORIAN SQUARE BUILDING 601 E. HYMAN A VENUE, SUITES 201 & 202 ASPEN. COLORADO 8l6H I February l, 1978 TEl,EPHONE (80S) 925-1936 ASHLEY ANDERSON CHRISTOPHER N, SOMMER Planning and Zoning Commission City of Aspen 130 South Galena Street Aspen, Colorado 81611 Application for P.U.D. Amendment for Callahan Subdivision Dear Members: This is an application for an amendment to the planned unit development for the Callahan subdivision. Specifically, the applicant seeks approval for the relocation of the club dining facility from the "Benedict Residence" to the recreation building. The "Benedict Residence" presently contains approx- imately 5000 square feet. The original development plan for the Callahan subdivision allows the addition of another 4,400 square feet to that residence, with the result being a dining facility of approximately 9,400 square feet. The proposed dining facility in the recreation building will contain only 4,400 square feet, and the "Benedict Residence" will not be expanded and will remain a 5,000 square foot single family dwelling. The additional 4,400 square feet in the recreation building will be completely contained within the building envelope permitted under the original approval; and furthermore, the net result will be that the square footage for commercial use will be identical to that originally approved for such uses. The applicant submits that the relocation of the dining facility will benefit the Planned Unit Development in several respects: 1. All commercial uses will now be segregated from the residential area. 2. A liquor license has recently been approved for a food service operation to be located in the recreation building nearly adjacent to the proposed dining facility. 1""".. .r-, ."""" ,-,. , Planning and Zoning Commission Page two February 1, 1978 Clearly, it is more efficient from a logistics and an oper- ational standpoint as well as from the standpoint of the members to have the two food service operations contained under one roof as opposed to being located in separate facilities. 3. A conversion of 5,000 square feet from commercial to residential use will result in a quantitative reduction in the amount of traffic in the subdivision. The 5,000 square feet, if commercial, would require at least l5 parking spaces which would generate a minimum of three trips per space, per day. Whereas, the 5,000 square feet, if residential, will generate a maximum of 8 to 10 trips per day. 4. The dining facility will now be located a sub- stantial distance from the parking area; thus the emphasis will be on the pedestrian, not the automobile. Furthermore, since members will be unable to park their automobiles adjacent to the dining facility, there will be a greater incentive to use either public transportation or the club's own shuttle service. 5. The residents of the Aspen Club condominiums unanimously favor the relocation of the dining facility (see attached written statements). In order to alleviate any concerns you may have, and to insure that the proposed relocation will in fact benefit the subdivision, the applicant will agree, for himself and hissuccessors, to the following: 1. With respect to traffic on Ute Avenue, he will not authorize any vehicular traffic to enter the area of the condominium units or recreational facilities of the subdivision from Ute Avenue unless such vehicles are for the purpose of construction, maintenance or dealing with emergencies at tne subdivision. All vehicular traffic not accepted, will enter from Highway 82, with all deliveries made by that access. Furthermore, although it is nearly impossible to gain access to the recreation building from Ute Avenue, and although since the opening of the club that has not become a problem, the applicant will agree to do whatever, within reason, the City requires him to do to prohibit access to the recreation building from Ute Ave. This will include, but not be limited to the establishment of a sticker system - ~ ,-,... ,"-"'. -, , Planning and Zoning Commission Page three February 1, 1978 for the parking lot at the Benedict office building and the towing of any cars parking there without proper authorization. And further, if necessary, the building of a fence or whatever physical restraint is required to assure that no access to the recreation building or the subdivision is gained from Ute Avenue. 2. With respect to parking, the applicant has already agreed and is in the process of establishing a shuttle system from the City of Aspen to the subdivision. (see attached Schedule). The applicant agrees that if necessary this shuttle system will be increased to alleviate any parking problem that may arise. Of course, as mentioned above, the relocation of the dining facility will actually result in reduced traffic. 3. With respect to assuring that the dining facility remains basically a private facility, open to club members only, the applicant will agree as a condition to the approval of the relocation, to the same conditions imposed on the applicant by City Council under the above mentioned liquor license was granted. That is, the applicant will agree that as soon as it is legally possible, he will convert his liquor license to a club license. Further, the applicant will agree that he will not advertise either the dining facility or the availability of liquor. In conclusion, applicant submits that the relocation of the dining facility will greatly benefit the Callahan subdivision, and therefore respecfully requests your approval of that relocation. Sincerely, M~ Ashley Anderson Respectfully submitted: ~~ Ashley Anderson, for the applicant, Robert S. Goldsamt Attachments: 1. Letters from residents 2. Bus Schedule 3. Plans for dining facility t""\ 14' Dear Mr. Goldsamt: I understand that it is the present intention of R.S.G. Development, Inc., to seek governmental approval for the relocation of the Clubhouse delineated on the final plat and development plan for the Callahan Subdivision to a site on the opposite side of the Roaring Fork River within the proposed recreational building. I am in complete accord with the proposed relocation of the Clubhouse and hereby agree to support the application made by you for such relocation in the future. Sincerely, J/Y~#~~ ~ /1; /;?77 r-.( r-.( Dear Hr. Goldsamt: I understand that it is the present intention of R.S.G. Development, Inc., to seek governmental approval for the relocation of the Clubhouse delin~ated on the final plat and development plan for the Callahan Subdivision to a site on the opposite side of the Roaring Fork River within the proposed recreational building. I am in complete accord with the proposed relocation of the ~ and hereby agree to support the application made y you f such relocation in the future. ~ ^ Dear Mr. Goldsamt: I understand that it is the present intention of R.S.G. Development, Inc., to seek governmental approval for the relocation of the Clubhouse delineated on the final plat and development plan for the Callahan Subdivision to a site on the opposite side of the Roaring Fork River within the proposed recreational building. I am in complete accord with the proposed relocation of the Clubhouse and hereby agree to support the application made by you for such relocation in the future. Sincerely, tUiw (/ I ,-" A. Dear Mr. ,Goldsamt: I understand that it is presently your intention to seek governmental approval for the relocation of the Clubhouse delineated on the final plat and development plan for the Callahan Subdivision to a site on the opposite side of the Roaring Fork River within the proposed recreational building. I am in complete accord with the proposed relocation of the Clubhouse and hereby agree to support the application made by you for such relocation in the future. Sincerely, e to /111J . .. .fY.~_. 'f/II /77 ,-; r,. Dear Mr. Goldsamt: . I understand that it is presently your intention to seek governmental approval for the relocation of the Clubhouse . delineated on the final plat and development plan for the Callahan SUbdivision to a site on the opposite side of the Roaring. Fork River within the proposed recreational building. I am in complete accord with the proposed relocation of the Clubhouse and hereby agree to support the application made by you for such relocation in the future. Sincerely, . ~. i ~ Dated: December 12, 1977 Dear Mr. Goldsamt: I understand that it is the present intention of R.S.G. Development, Inc., to seek governmental approval for the relocation of the Clubhouse delineated on the final plat and development plan for the Callahan Subdivision to a site on the opposite side of the Roaring Fork River within the proposed recreational building. I am in complete accord with the proposed relocation of the Clubhouse and hereby agree to support the application made by you for such relocation in the future. Sincerely, r, r". Dear Mr. Goldsamt: I understand that it is the present intention of R.S.G. Development, Inc., to seek governmental approval for the relocation of the Clubhouse delineated on the final plat and development plan for the Callahan Subdivision to a site on the opposite side of the Roaring Fork River within the proposed recreational building. I am in complete accord with the proposed relocation of the Clubhouse and hereby agree to support the application made by you for such relocation in the future. Sincerely, L~4r:. ..-.. r" THE ASP E N C L U B D 0 W N TOW N BUS S HUT T L E Scheduled to commence mid-February with the opening of the food and bar facility. The following schedule will be adhered to seven days a week: Pick-Up Pick-Up Pick-Up Public Parking Mall/Hyman Little Nell Lot & Galena 11 :30 a.m. 11 :35 a.m. 11:40 a.m. 12:30 p.m. 12:35 p.m. 12:40 p.m. 1:30 p.m. 1:35 p.m. 1:40 p.m. 4:30 p.m. 4:35 p.m. 4:40 p.m. 5:30 p.m. 5:35 p.m. 5:40 p.m. 6:30 p.m. 6:35 p.m. 6:40 p.m. 7:30 p.m. 7:35 p.m. 7:40 p.m. 8:30 p.m. 8:35 p.m. 8:40 p.m. 9:30 p.m. 9:35 p.m. 9:40 p.m. .. Drop Off Aspen Club Pick-Up Aspen Club 11 :50 a.m. 12:20 p.m. 12:50 p.m. 1:20 p.m. 1:50 p.m. 4:20 p.m. 4:50 p.m. 5:20 p.m. 5:50 p.m. 6:20 p.m. 6:50 p.m. 7:20 p.m. 7:50 p.m. 8:20 p.m. 8:50 p.m. 9:20 p.m. 9;50 pim. ^ !~ GARFIELD & HECHT ATTOR:o>&YS AT LAW VICTORIAN SQUARE Bl,JILOING GO~ E. NYMAN STREET SUITE 201 ASPEN. COLORADO 81611 RONALD GARFIELD AKOREW v. HECHT June 2l., 1977 TELl:Pt{ONF..: (303.) 925-1936 .BROOKE A. PETERSON ASHLEY ANDERSON Mr. William Kane Planning Director 130 South Galena Aspen, Colorado 81611 Dear Bill: As you know, by letter dated 5/20/77, you approved an Amend- ment to the Callahan PUD by which four townshoJ,lse parking spaces were moved from Lot 13 to Lot 14A. Along with the moving of the spaces, you also approved conversion of the four existing carports to laundry and storage facitlities, According to theorig'inal PUD, the four carports and the land thereunder now approved for laundry and storage. .facilities, were to be owned by the Condominium Association. However, the laundry and storage facilities will not be operatecl by the Condo- minium Association, but rather by the present. owner of.thefour spaces, Robert S. GOldsam..t. 'l'he.refor.e,w.e.. request..~...tha.t... ?,.,.3....'~ -~ be allowed to Ge-nlinuc owning the sp::tccc. / Lt./! . ,;>,""..n.... ~, s/Gtt...-<>,~ f-r:-z 'i:/7'~ '. f/-q We submit that the impact of this change is minima . At present, all townshouse units are still owned by Goldsamt; and thus, the Condominium Association is yet to be formed. Therefore, the requested amendment will not result ina change of ownership from the Condominium Association to Goldsamt, but rather, merely a reservation of the ownership in Goldsamt. If this application for amendment made pursuant to. Section 24-8.26 of the Aspen Municipal Code is acceptable to you without additional public hearing, please approve the changes as indicated below. Sincerely, t.) /1'" ,} ~c, S ~,,~j Ashley Anderson, for the applicant, Robert S. Goldsamt APPROVED. /- /1....~ .. ....._.... .. ..... .. .A{;~~J2/ P~~ Director . ;az;<<e ~ A 1'" M E M 0 RAN DUM TO: Aspen Planning and Zoning Members FROM: Planning Office (KS) RE: Aspen Club - Final Plat Amendment DATE: June 3, 1977 As the attached letter of application explains, this is an application to amend certain provisions of the Aspen Club Final Plat and P.U.D. Plan. Specifically, the applicant wishes to change the location of the club- house/dining facility from the approved Benedict House site to the site now under construction for the recreational facility. The Benedict House would be sold as a single ,family house. In support of the application, arguements are offered that: 1. The building envelope of the recreation facility will be no greater than that approval in the final plat and the commercial will be no greater than what was originally approved. 2. The residential area will be improved by the removal of noise and commercial activity. 3. The applicant agrees to prohibit vehicular traffic from entering the Callahan project by Ute Avenue. Despite the representations made by the applicant, the Planning Office bel ieves that the noise and commercial activity was fahi-ly well removed from the residential area in the original final plat and that the proposed change of location will not materially benefit the residents, especially in light of the fact that all visitors will still park or pass through on that site if access controls are adhered to. Although there will not be a net increase in commercial square footage, the square footage of the recreational facility will increase albeit within the approved building envelope. Finally, the Planning Office believes that it would be next to impossible to guarantee that access will be prohibited from the Ute Avenue side. The plats of the original Callahan Subdivision were approved in the ori- ginal configuration with the thought in mind that the more you concentrate the commercial and recreational facilities, the greater the pressure will be for traffic access from the Ute Avenue side. In addition, that concen- tration of activity at the recreational facility was not within the intent of the approved P.U.D. plan. We believe, therefore, that the change proposed materially changes the approved plan, and the Planning Office therefore recommends denial of the application. The applicant will bring an amended final plat with signature block for your consideration. We understand that there will also be some survey corrections requested. lmk -' ~ ^ ,L.,-,r GARFIELD & HECHT ATTORNEYS AT LAW VICTORIAN SQVARE BUILDING 601 E. HYMAN STREET SUITE 20:1 ASPEN. COLORADO 81611 RO~ALJ) GARF'IELD A!'fDREW V. HECHT TJl:t.EPHONE (303) 925-1936 BROOKE A. PETERSON ASHLEY ANDERSON May 24, 1977 Planning & zoning Commission City of Aspen 130 South Galena Aspen, Colorado 8l6ll Dear Chairman and Commission Members: This is an application by Robert S. Goldsamt for amend- ment to the final development plan for the Callahan Subdivision. Robert Goldsamt requests that approval be granted for relocation of the clUbhouse/dining facility to the recreation building within the Subdivision. It is Goldsamt's belief that all of the commercial uses would function better located in one building. In the course of development, it has become apparent that the relocation is possible and will materially improve the final plan for the Subdivision as it will remove the noise and other commercial activity from the residential area. The Planning Department's response to the request focuses primarily on reservations about inducing additional traffic on ute Avenue. The applicant has considered this concern and agrees it is legitimate. Therefore, the applicant will agree, for himself and his successors, that he will not authorize any vehicular traffic to enter the area of the condominium units or recreational facilities of the Callahan Subdivision from Ute Avenue unless such vehicles are for the purpose of construction, maintenance or dealing with emergencies on the Callahan Subdivision. All vehicular traffic not excepted will enter from Highway 82, with deliveries made by that route. This not only avoids a further increase in the potential traffic on Ute Avenue for deliveries to the ClUbhouse/dining facility, but indeed decreases such traffic to the extent that it excludes all delivery vehicles from Ute Avenue including those not previously excluded. The square footage that the applicant will utilize at the recreation building for the relocation of the clubhouse/ dining facility will be no greater than that remaining for further expansion of the "Benedict residence" less that used for ""J<-' .' ^ ~ Planning & Zoning commission t-1ay 24, 1977 Page two mechanical space which is not calculated. The resulting recreation ouilding will still be contained within the permitted building envelope approved in the final plat and development plan. The square footage for commercial use excluding mechanical space will be identical to that originally approved for such uses. The applicant respectfully requests that the Commission approve the amendment requested above. Respectfully submitted, c~~ Andrew V. Hecht, for the applicant, Robert S. Goldsamt AVH:js !" .r-,. GARFIELD & HECH'r ATTORNEYS AT I,.<AW VlQi'OR1AN. .SQUARE .BUILDING eOlE..HYMAN STREET AS~SN, COLORADO 81611 BONAL])' GARFIELD ANDREW' V~HECHT BROO'K)!:'A, PETERSON May 20, 1977 SUJTE .201 TE1.EPHONE (303' 925~193ll Mr. William Kane Planning Director 130 Sbuth Galena Aspen, Colorado 81611 Dear Bill: The applicant seeks approval to relocate four parking spaces from the site of the condominiums to Lot i4A which is the lot designated for parking in the original approval. The effect of this. would be to preserve tho; same number of parking spaces originally required. The use of the sapces originally designated for parking at the condominiums would be used for storage. and laundry facilities. . If this application for amendment made pursuant to Section 24-8-26 of the Municipal Code is acceptable to you without additional public hearing, please approve the changes as indicated below. Respectfully submitted, ~~~~~ Andrew V. Hecht, for the applicant, Robert S. Gold.samt APPROVED: ~Yl.._ ~ning Direct~ ~: ~ . ~. .1""'\ GARFIELD & HECHT ATTORNEYS AT LA.W VICt'ORIAN SQUARE .BUIL!>ING eo). E. HYMAN BTR'!!:'ETSUXTE 201 A:SPE:N. COI,.,ORADO 81611: RONALD GARFIELD ANDREW, V.' HECHT May 10, 1977 TlliLEPllONJ& (303) 92~H8S8 SltOOKlC A. ,PETeRSON .aHLEY' ANDERSON Mr. William Kane Planning Director 130 South Galena Aspen, Colorado 81611 Dear Bill: This is an application .for amendment to the final development plan for the Callahan Subdivision. Robert Goldsamt had previously requested that approval be granted for relocation of the clubhouse/dining facility to the recreation building of the Callahan Subdivision. It was Goldsamt'sbelief that all of the commercial uses would function better located in one buil<iing. Your response to that request "[a]side from the more techni.cal and narrow gui<ielines of the Code. . ." concerning increased square footage were reservations about in<iucing additional traffic on Ute Avenue. I have considered your concern about minimizing traffic on Ute Avenue and agree it is legitimate. Therefore, the applicant now will agree, for himself.and his successors, that he will not. authorize any vehicular traffic to7nter the al:"ea of the condominium units or recreational faCilities of the Callahan Subdivision from Ute Avenue unless such vehicles are for the purpose of construction, maintenance or dealing with emergencies on the Callahan Subdivision All vehicular traffic not excepted will enter from Highway 82, with deliveries made by that access. This not only avoids a further increase in the prospective traffic on Ute Avenue for deliveries to the dining facility, but indeed decreases such traffic to the. extent that it also excludes non-clubhouse delivery vehic::les from .Ute Avenue. The square footage that the applicant will utilize at the recreation building for the relocation of the dining facility will be no greater than that remaining for further expansion of the "Benedict residence" less that used for mechanical space which is not calculated. 1"'\ r, Mr. William Kane May 10, 1977 Page two Initially, the approved aggregate size for the recreation building was 38,446 square feet. It was then increased to 39,499 .square feet by an amendment to the first plan, the applicant conceding the elimination of 1,053 square feet from the "Benedict residence". Under this proposed amendment an additional 4,400 square feet would be added to the recreation building still contained within the building envelope permitted under the original approval and the balance of the square footage approved for the expansion of the "Benedict residence" - 4,400 square feet - could now be conceded by the applicant to be utilized.at the recreation building for the dining facility. The net result would be that the square footage for commercial use excluding mechanical space will be identical to that originally approved for such uses. Finally, the applicant seeks apProval to relocate four parking spaces from the site of the condominiums to Lot l4A which is the lot designated for parking in the original approval. The effect of this .would be to preserve the same number of parking spaces originally required. The use of the spaces originally designated for parking at the condominiums would be used for storage and laundry facilities. If this application for amendment made pursuant to Section 24-8.26 of the Municipal Code is acceptable to you without additional publiC hearing, please approve the changes as indicated below. Respectfully submitted, .~. /.. ;2---//~. ~/t--'~...~..', Andrew V. Hecht, for the applicant, Robert S. Goldsamt APPROVED: Planning Director ,I"""" r" GARFIELD & HECHT ATTORNEYS AT LAW VIC'TORIAN SQUARE BUILDING 601 E. HYMAN STREET ASPEN, COLORADO 81611 RONALD GARFIELD ANDREW V. HECHT SUITE 201 TELEPHONE (303) 925-1936 BROOKE A. PETERSON April 19, 1977 Mr. William Kane Planning Director 130 South Galena Aspen, Colorado 8161l Dear Bill: The purpose of this letter is to request your concurrence in our interpretation of one of the provisions of the Subdivision and Planned Unit Development Agreement for the Callahan Subdivision. The provision in question is paragraph l(c) which grants an irrevocable non-exclusive easement throughout Lot 14. Lot l4 is the Benedict residence and that provision contemplates the conversion of the residence to a clubhouse. We seek to clarify what happens in the event such conversion does not occur. It is our interpretation that since there would then be no necessity for such an easement and indeed it would severely burden the residence, that the easement described would never exist. If this comports with your understanding of that provision, please acknowledge that below and return a copy of this letter to me for our files. Thank you for your assistance in this matter. Sincerely, ~ ~./.~ .- ~p--~." Andrew V. Hecht AVH:js Encl. ~4w~ .. /.. ... i,l>'Jli,,,J At. 'V~,~---""'; . t1\/',,',./:/ ., _' ~.. .~. ~'" I'tL H.lY 19, 191t; (^~ ..... ,~,'i ',," , ,r - R~C'l;Liv" ,1(' 10~~D:JO !c" "r?;< ,~,{:',':~~r.:t - -P-.' juiI~~11~l ~'~.' 'Lt::,~'()i'(.fe-r',; ::; j) '"".,f' BOOK312 PAGE110 < SUBDIVISION AND PLANNED UNIT DEVELOPMENT AGREEMENT . . CALLAHAN SUBDIVISION . d THIS AGREEMENT, made this,63 - day of ha".-/ 'c7' 1976, by and between THE CITY OF ASPEN, COLORADO (hereinafter , . sometimes called "City"), and BENEDICT LAND & CATTLE COMPANY, FREDRIC BENEDICT and FABIENNE BENEDICT (hereinafter sometimes collectivel~{ called "the owner"), and ROBERT S. GOLDSAl1T or the assignee of Goldsamt (hereinafter sometiI:les called "the subdivider"). ~I T N E SSE T H : WHEREAS, the subdivider with the consent and approval of the owner has submitted to the City for approval,. execution, and recorda.tion, the final plat and development plan of a tract of land situated in the east one-half of Section 18, T. 105, Range 84 west of the Sixth Principal Meridian, Aspen, Colorado, designated as Callahan Subdivision ("the plat"); and mlEREAS, said Plat encompasses land located within an.area in the City zoned RR and R-15; and ~'REREAS, the city has fully considered such Plat, the pro- posed development and the improvement of the land therein, and the burdens to be imposed upon other adjoining or neighboring .. . proper.ties by reason of the proposed development and improve- ment of land included in the Plat; and WHEREAS, the City is willing to approve, execute, and accept for recordation that Plat upon agreement of the olvner and the subdivider to the matters hereinafter described; and subject to all the reguirements,terms, and conditions of the City of Aspen Subdivision Regulations now in effect and other laws, rules and regulations as are applicable; and WHEREAS, the City has imposed conditions and requirements in connection with its approval, execution and acceptance for ) at. ~ ( 'i"""". c ..~ 800K312 I'm111 . . reco~dationof the Plat, and that such matters are necessary to protect, promote, and enhance the public welfare; and WHEREAS, under the authority of Section 20-16(c) of the Municipal Code of the City, the City is entitled to assurance that the matters hereinafter agreed to will be faithfully performed by the subdivider. NOW, THEREFORE, in consideration of the premises, the mutual covenants herein contained, and the approval, execution and acceptance of the Plat for recerdation by the City, it is. agreed as follows: 1. All references to lot numbers hereinafter set forth . . are as described on Sheet No. 1 of the Final Plat and Develop- ment Plan of the Callahan Subdivision ("Plat"). A. Fee simple title to Lots No. 13 and 13-A will '" , be conveyed in undivided interests to the condominium - OlilnerS, ::.u!lJt<<,.;LLo .exrst~f1g easements and road and . ut11i1:Y' easemem::s contempJ.atec1 by the Plat and additional utility easements as may be required. Lots .. No. 13 and 13-A will be used for condominium units. B.Lot No. l3-B shall be conveyed in fee simple .to a corporation to be organized by the purchaser of such property from the owner or by such purchaser's assignee. Such corporation is hereinafter referred to as "Holding corporation". The Holding Corporation shall grant to all condominium and homesite owners a non-exclusive easement for the recreational use of Lot l3-B so long as such lot is not hereafter authorized for improvement or .commercial use by P.U.D. amendment or other appropriate governmental approval and shall grant such easements as are necessary for the roads and utilities reflected on the Plat. C. Lot No.14 will be owned in fee simple title by the Holding Corporation or another corporation con- trolled by or under com;non control with the Holding -2- ..' ., 1. ... " h BOOK 312 PACE 1.12 h corporation or its or their assignees. The Benedict residence situated on this lot will be conver.ted to a clubhouse. The owners of condominium and ~omesites will be granted an irrevocable non-exclusive license for passage by foot only, throughout those portions of Lot 14 on which there are no improvements currently or hereafter existing. D. Lots No. 14-A and 15 will be conveyed ihfee simple title to the Holding CQrporation or a corporation controlled by or under common control with the Holding Corporation or ~ts o~ their assignees. Lot .14-A will contain parking facilities for use of the clubhouse and recreational facilities contained in the Plat, and Lot (15\wil1 contain recreational facilities. '---...,.; E. Lots No. 1 through 10 shall be conveyed in fee simple title to the purchasers of these ten home- sites. Lot No. 10 is designated as a duplex for occupancy by two families; the other lots are for single-family homes. F. Lot No. 11 is designated as a single-family lot. G. Lots 12 and l2-A are collectively designated as a single-family lot. Lot 12-A is the guesthouse for Lot 12. H. Lot No. 16 is designated as an existing office building for such uses as have heretofore been approved by the City of Aspen. I. All roads as reflected on the Plat and the rights of way on which such roads are to. be constructed shall be owned by the Holding Corporation or a. corporation controlled by or under common control with the Holding -3- , '. (~ (~ 8001<312 .1'^~di3 ..~ .... . Corporation or its or their assignees, and such corpor- ation shall grant an irrevocable non-exclusive license to the owners of the condominiums and homesites for their use. The Owner shall retain a non-exclusive cost-free easement on Crystal Lake Road for q.ccess, . ingress, and egress to and from Lots 11, l2 and 12-A. Ownership of those lots is being retained by the owner. J. Easements for utility improvements and rights of way shall be granted to the Public Utilities as shown on the Plat. K. Maintenance of the property and structures ~n- cluded within the Plat shall be the responsibility of . the m.,ners of the fee simple title to such property and improvements; provided, however, when hereunder anye.aseme:nt is granted with respect to any such land or i~p~ovement, the cost of maintenance shall be borne by all <g:r.antees of such easements. L. The City shall provide up to a maximum of 0.65 cfs. of water as needed from the Nellie Bird Ditch as hereinafter set forth in Paragraph ate) (1) for the maintenance of a water level not lower than the lowest water level in Cry.s.it:.al Lake as shown on Page 3 of the Plat. The Holding Corporation or a corporation controlled by or under common control with the Holding Corporation or its or their assignees, shall make provision for supplying such water to Crystal Lake in order .to insure its use for recreational a.ctivity.. 2. Subject to the conditions contained in this paragraph, the subdivider shall provide for the estimated costs for construc- tion of all common improvements which include construction of roads, utilities, drainage improvements, landscaping, moving and paving if required by subdivider (the recreational trail), as described in the agreement between pitkin. County and Benedicts and irrigation ditch crossings through the subdivision as shO\vn on the Plat and supplemental engineering plans. Also included shall be street i~ghting ..,1.. \. \.. uuuC\v..J..... IA~t.l.1.':t . .sufficient to illurr~ate subdivision roads an~raffic signs to comply with City regulations. The installation of those improve- ments shall commence in the spring of the year in which construction on Lots 13, 13A or 15 is to commence hereunder, or any homesites are sold, whichever event occurs sooner, and shall be constructed with due diligence thereafter until completed. In.order to secure the performance of the construction and installation of . the improvements .herein agreed to by the subdivider and the City, and to guarantee one hundred (100%) percent of the current estimated cost of the im?rovements agreed by the City Engineer to be $ 271,000.00 , the subdivider shall guarantee through a . conventional lender, or by sight draft or letter of commitment from a financially responsible lender (irrevocable until the - construction is completed) that funds of the estimated costs of construction are held by it for the account of the subdivider for the construction and installation of improvements hereinabove described. In the event, however, that any portion of the improve- ments have not been installed according to the conditions contained herein, then, and in that event, the City may have such remaining work and improvements completed by such means and in such manner, by contract with or without public letting, or otherwise, as it may deem advisable, and the lender agrees to reimburse the city out of the funds held by it for the account of the subdivider for the City' s cos.ts incurred in completing said work and improve- ments; provided, however, in no event shall the lender be obligated to pay the City more than the aggregate estimated sum for these improvements, .less those amounts previously paid and approved by the City,by reason of default of the subdivider in the performance of the terms, conditions, and covenants con- tained in this paragraph 2. However, the City waives no right to claim full compliance with the improvements required in ex- cess of the estimated costs. From time to time as work to be performed and improvements to be constructed herein progress, the subdivider may request that the office of City Engineer i~spect such \,.ork and improvements .~s- ~recompleted and may submit to City the costs of such completed work and improvements. -5-- ( .~ c-. 600K312 i'Acdi5 ',-, When the City Engineer is satisfied that such work and improve- -'.~ ' rnents as are r;q-;;i;::~d--bi the subdivider to be completed in fact, nave been completed in accordance with the terms hereo~ the -. C1ty Engineer will submit to the lender its statement that it - -nas-~o objection to the release by the Guarantor of so much ~"-..~_:~~..........~.."..'."..._..,..---------_. _....- ~,----_. _.._-~ ,...---..--....-. ot the above-specified funds as is necessary to pay the costs , .,' _. ...-'-,:_....._...__""-.'..:-:..<."'-'..-'-_. .~";:_' __ "._ __co, ._...~::-:- "_"',,,'-,,,_'~" ,"_ ~"""'=--'.,",..,.,.~.....,. ._.~,."...:. __.' _"'-'..."__"._..__",.' "_ . .." _ _ ~work"performed and improvements installed pursuant to the ~ .~,...__._...__..~_..._.,~.. ."..~__"..".' '.C... ...-_......=.... ... ., .,'._". _ .... .. ....._...._ terms ..of this' Agreement, except that ten (10%) percent of the .I.. ,~-' .~ -' ,--- ~-."..- - - iY"'" -_- - -- ~-~ - estimated cost shall be withheld by the lender until all pro-. posed improvements are completed and approved by the City Engineer. Subdivider shall prepare and be responsible for the preparation of engineering plans, specifications, and construction dra\qings for all improvements included in Paragl;aph 2. above. These plans and specifications shall be submitted to the City Engineer and shall be approved prior to the commencement of any construction by the Subdivider. Subdivider shall also be responsible for pro- viding all necessary engineering and/or surveying services in con- junction with the construction of said improvements. The City Engineering Dep.artment shall be notified prior to the commencement of construction so .that the work may be inspected during construction. 3. Site Data Tabulation (see Exhibit "A" attached hereto and incorporated herein by this reference.) 4. The subdivider agrees to line the Riverside Ditch for the full length of Lots 8 and 9 with a rubberized material to prevent seepage onto Lots 8 and 9. If the subdivider finds that use of the rubberized material is not feasible, a feasible alternative lining shall be used, provided the subdivider.shall use best efforts to find an alternative to concrete lining. 5. The subdivider agrees, for himself and his successors and assigns, that he will not authorize any vehicular traffic to enter the area of the condominium units or recreational facilities -6- nIIlU\... . , ~ j-.' .'.. 1""( ^( " aOOK 31:2 FAGEi of the Callahan Subdivision from .Ute Avenue unless such vehicles are for the purpose of construction, providing services to. or deal- ing with emergencies of the Callahan Subdivision. Furthermore, neither the. subdivider nor his successor or assigns shall pro- vide for any parking spaces along the border oi Ute Avenue within any portion of the Callahan Subdivision. The prohibition contained in this paragraph shall not apply to the parking lot which presently exists on Lot 16 nor to any expansion thereof. 6. The subdivider agrees to relocate at subdivider's expense a portion of the recreational trail which will be moved to a location approximately as shown on the plat. Such relocation . shall be done as follows: By June lS of the year in which construction is to commenC3 on Lots 13, 13A or 15, subdivider shall cause such trail to be roughed in place. The easement to that .trail shall be granted to the City and shall be restricted to the following uses: pedestrian, equestrian, bicycling, and cross-country skiing. No motor vehicle of any kind shall ever be .allowed to use the trail, excepting only such vehicles as are f absolutely necessary at the initial construction and subsequent maintenance and repair of the trail. 7. The subdivider agrees not to pave any of the roads in the subdivision until at least six months after all utilities are in place. 8. It is acknowledged by the owner that certain land areas included within or adjacent to the subdivided land have previously been used for agricultural uses or as meadow lands and have been irrigated by waters owned by the owner and carried in the Nellie Bird Ditch. The City of Aspen has established a policy of ~cqllisition of those water rights beneficially used by annexed and subdivided lands at the time of annexation and subdivi~ion approval, when the proposed development will be serviced by the City owned water utility: a. So as to avoid the establishment of competitive water utilities. b. To insure that all water uscd for domcstic purposes meets minimum sanitary and hcalth standards. -7- ,- . ~ (-" BOOK 312 fACLj17 c. To prevent the abandonment of water rights by discontinuation of their beneficial use. d. To provide for the acquisition of more senior rights to guarantee water service to Aspen area users in time of low supply. e. To reduce the costs of condemnation for acqui- sition of water rights in the future. Therefore, it is agreed as a condition of subdivision approval. 1. That upon recording of the final plat of the . Callahan Subdivision the owner will convey to the City of Aspen, without further consideration, 0.65 cfs. of the Nellie Bird Ditch, Priority 3136 (Source: Roaring Fork River; adjudicated August 25, 1936), which cor- responds to the ratio of the subdivided lands to all lands irrigated by this water right. In the event use of part of such water granted to the City shall become necessary to retain the lowest level of Crystal Lake (as described in Paragraph lL of this Agreement) the City of Aspen agrees to make available so much of the water right necessary to maintain the lowest water level; provided, however~ that nothing herein shall be construed to require the City to supply ditches; rights .of way, pumps, or othe~ facilities necessary to. ~ransfer water to Crystal Lake. 2. That owner. hereby grants to the City of Aspen a right of first refusal on the balance of the water right described in subparagraph (1) in the event such water right is offered for sale independently of a sale of the iands irrigated by said right. To the extent permitted by law this right of first refusal shall be deemed a covenant running with said irrigated lands, and bind the owner, his heirs, assigns and -8- (,-, ~ 800K 312 I''\G~ 118 successors in interest. 3. That t.he owner does further agre.eto negotiate in good faith with the City of Aspen for'the grant to the City (or its nominee) for a nominal fee of a revocable license to make beneficial use (as allmoled by law) of part or all of the water right described in subparagraph (1) retained by owner, without jeop- ardi~ing owner's interest in said decreed water right. . 8.1 It is further acknowledged that owner owns a high priority right on Hunter Creek, namely, the Red Mountain Ditch, Priority No. 90 (Source: Hunter Creek, adjudicated May 11, l899; headgatetrans- ferred to Huston Ditch by decree recorded in Book 252, Page 575, records of the Pitkin County Clerk and Reocrder) hereinafter called Hunter Creek water right, the acquisition of which is also of in- . teres!: to the City of Aspen. Owner agrees, as a further condition of this subdivision approval and with reference to said right: a. That Owner hereby grants to the City of Aspen a ~ight of first refusal on the Hunter Creek water right in the event such right is offered for sale independently of a sale of the lands irrigated by said water right; and to the extent allowed by law, this right of first refusal shall be deemed a covenant on the lands so irrigated, and bind the owner, his heirs, assigns, .and. successors in interest. b. To negotiate with the City of Aspen in good faith for the acquisition of.this right to facilitate the con- struction of a package filter plant on Hunter Creek. Ne-. gotiations will be deemed to be proceeding in good faith when the City seeks such right only for .construction .of said package plant and owner attempts to achieve. only (i) domestic water service for potential homesites on his lands above Hunter Creek and below the Red Mountain Road -9- '. ( ~ c ^ BOOK312 I'Acd19 (on the Red Mountain side), (ii) provision for the future irrigation of owner's meadow lands below the Huston Ditch and above Hunter Creek, and (iii) a total consider- ation on the sale of the water right which is equivalent to its fair market value, with proper credit and allowance being given for the fair market value of any exchanges, . concessions, promises, undertakings or other consideration received pursuant to (i) and (ii). 9. In satisfaction of the deaication fee required to be paid to the City under Section 20-18 of the City of Aspen Muni- cipal Code for the purposes set forth therein, the subdivider agrees that upon recording of the final plat of the Callahan r- --- Su~_~ion. that he shall make a cash payment to the City in the amount of $90,000.00. <ll" 10. Notwithstanding anything contained herein or referred to the cO.t1trary, the owner and the subdivider, in developing the property contained. within the Plat and the improvements as herein described, shall fully comply with the applicable rules, regulations, standards and laws of the City and other governmental agencies and bodies having jurisdiction. 11. The City agrees that since the townhouse-condominiums as designed do not exceed two and one-half stories in height, and the total height of each unit is constant, that a vertical envelope be created around each unit module allowing a maximum of two and one-half feet above elevation shown on the PUD building plans to accommodate possible grade elevation variations. The intent of this Agreement is to provide the best possible relationship between buildings, between buildings and tops of carports, as well as the. best utilization of existing terrainwithin~he development zone. Prior to application for the building permit, the pe:rmit applicant will submi, a ground survey, showing final building layout and floor elevations, noting any variations in the contour. -10- ... ; c...., h BOOK 312 fACd20 12. Subdivider agrees to pay the City in addition to its dedication fee the sum of $250.00 which represents the agreed upon costs for the City to tap into the sewer line in Ute Children's Park. The $250.00 shall be due and payable upon the granting of the easement acro.ss Ute Children's Park and Ute Cemetery for sewer lines by the City. 13. Subdivider agrees to provide at his expense shuttle bus services consisting of van-type vehicles for the recreation facilities and the clubhouse of the. Callahan Subdivision upon the terms and conditions hereinafter set forth. The expenses of the acquisition, mairttenance and operation of such vehicles shall be borne by the subdivider, and such service may be supplied by the purchase of appropriate vehicles, the leasing thereof, or any other available means which shall be adequate. The subdivider agrees to provide such vehicles in a number sufficient to serve the need therefor based upon year around operation between the Callahan Subdivision clubhouse and recreation facil.ities and downtown Aspen, provided, however, that such vehicles shall not number less than one. The term of this service shall be until the earlier of the following. occurs: 1. Such van service shall no longer be needed: or 2. Until the transportation services provided by this Agreement are fulfilled by other public or private means. 3. Until the expiration of five years from the date hereof. -11- .. .., ..'-_...-.._,.,...'...._.~ '-"-... ....~,--_._..__..'.'. .......-...'''......------..,.. '. ~. h eooK312 i'Acd21 .. ,C> . subdivider. 15. Failure of the subdivider to pay dedication fee or to provide the requisite guaranty for roads and utilities and otherimprovernents prescribed hereunder, shall carry only the sanction of prohibition of recording the subdivision plat and final development plan herein. If the foregoing sanction is imposed by the City upon the subdivider, it shall release the owner of all obligations under Paragraphs 8 and. 8.2 hereof.. 16. The subdivider agrees to furnish City with an as-built survey description for sewer, water and .trail easements. . l7. The subdivider agrees to allow the City to install a water line in Ute Av~nue at the time subdivider constructs his eight-inch line greater in size than that eight-inch line, provided, however, that the City shall pay for the extra cost above the cost of installing .an eight-inch line. 18. The stages for the development of the subdivision improvements shall be according to Exhibit B attached hereto and incorporated herein by this reference. 19. At such time as and to the extent Goldsamt has assigned any of his rishts hereunder or under any agreement with owner and such~assignee has assumed any obligation hereunder, Goldsamt shall have no further obligation for such assumed obligation. ; J .;~""'" '" ,h~rrl<~s'" ~,np'.<.seals .the day and year first above written. ,,.. ...., \ ..........'''' ,<, ";', ~;" '", "., ("\ .~. "( ./.(; ',"',', :,-,.: '\ .~,~~ -:'~ f '/ A;t;rEST.-: ".: - . T:.\:.~. ~? .;.~ j \ !J i J E" ,", .'.. . 'i./ ., , ,~') . . J ,/..,-.) .\::/..I:..ai.Ii:':u;'yb :Z/. I~~ ':'C,itY)P~::-,K' ;.";1;,,,;'....: " IN WITNESS .WHEREOF, the parties hereto have hereunto set their CITY O~frPEN, ~)orado Mun'c~it'~.ionU.l? / ~~ BY-- I-~~or~!/ J . f::,;;;;;:,~ry~ . (l ~~''''.,.,... 0.. H: r:. . '. 1 . ...:1 \\ '~'....'.. .... .. ,'1/. ': ':' ,\:-' ",,('" .~.. ," .c. .. 'v..,," ~ .. /.', .'" ." ...... . , '; ,~,," _. "'Co : ,.", ~. " ..:.:!: { 1 :'~ ( I.'~. r... .:.. .' ',J /"". l.:..)t.'..../, (, I: .",' ',;. :t,) ~. ,.", "....e ~< : ':. " j .-; '" '-, ~' "<:~.>.oo,,~~.".<;<. :' 'h,(.'\~r(F~J..\l\) .:' '. ......~ <~-~~~-~:...:....:- BENEDICT LAND & CATTLE COMPANY, Owner ,,,OJ_.-=:> /? . ,fi .-........r;...;;-.,;.;-~(;?~~/7 -r:;':>tc'c~'~-C:,.J.-:-:.I..""':;~~ F-r-ecl'r-:i:e-,;'h-&3ABd.i-Gt; 0~- - President .-9~ _ ". _ C2- Cd- - - ~/~ ~"::"",o:...<:C.!~~:"::::"""- .-d'-,/-,:::? /' /2.;,.. . ,,,.." P:._. .,.....,... d" /' .../1._ ......_... ..-?-t:-~ ~::-:.' .:,:?,.;>:""..~~.;..:'~J~:,.,::. ...c:~__ ,-'...-'t?,cc..../ ~ ___~ #/;-~~ ?Pr~dr:ic A( Benedict, O\.;ner if .~ ,-...:;;r;~.?.--e.~/-/.,...~...,....::...<_ i".~d--'~.:"....4!".~;.?;~ " 7" /' '-;> ". /7, '- /" 7Z /' /' .....L..,,,-....__=- ,.'-.:::.-:,-' -_,"rr:~/!,;~)..~"'-"____,~/_,_<,/".-r:~-C' - /c2--<~ ~abienne-Benedict, /~ner~. ~ Jj1:f /II/!I!-:-;r Robert Goldsamt, Subdivider . ., (~ c-, e;oK312 i'IIGE122 STATE OF COLORADO ) ) ss. County of Pitkin ) The fore$oing instrument was acknowledged before me /<1q~day of. ~;r-Il(h , 1976, by Stacy Standley, Mayor fhe City of Asp~n, a Colorado municipal corp~ration. this of ,.,......... . Witness. my hand and official seal. . ,. . " ~ ,. r 1/.' My commission expires: , .\.,.. ;. '.~..." . i:_0/"~~,~r::So~,.rr.iSSjOn expires January. 24, 1978 :_-l:~ " ..:::".. ,).11~ .J: .,'v..' ~, ~. 'f~.'\>" ,~ ~ ,/"..". \"'v. I .. . ..~ ." .'. . . ...' , . ...."lJ;.~..if..~\:. :. . I"~, ... .. ,.7; ,.'........", , . . iA- ... . . / l~ r VA>>)fl /1&~../ . "liiotary Public .. . . .. /A Ai I'J'!d'bIMe. ;;;.f FIle.. feJ'tlel}f. tJ... The foregoing instrument was a~nOWl~dged befo~e me ~hiS I t day of l;fn(i//:'r' ., 1976, by%.~-edrie=A-:-i:l-en~:r.e.&i:- '~of Benedict Lan~& Cattle Company, a Colorado. corporation. County of Pitkin ) ), 5S. ) . : STATE OF COLORADO .. ~.. Witness my hand and official seal. _. . ..' ..... hi {' I My commission expires: " \.. ..... . ,/~~..M1: Gommission expires January. 24, 1978 ':"'2 "! (,\1 .;.~. J .t.0~ -~.'~ ~~:~::~~~'~~'.~. ..:-, . .~,,'~ ". ru .'.l~' .. . ..' ~>"':~~i.~?.<.;.:X', :: .Wn J(!.C2~,jz.;)' Notary Public STATE OF COLORADO y.. . ~ ~J~k~' 01" ill,,,')- MoJ-)'; M4" The foregoing instrument was, acknowledged before me this of'?~~n~~j' , 1976, by'Fredric A. Benedict and Benedict. Jf . .- Witness my. hand and official seal. My commission expires: .- County of Pitkin ) ) ) SSe It; . day Fabienne ....<'~~y.~G~mmjssion expires January 24, /~;~>~';:::'" /. . .: 1...:..,: ..\\J I j ;." f . .-:: '. ~". - r;-- - : . = ;~~: ~\.: .:::: ... i) / I"" i. . ,;.. .}', 1 U 1; ',.,' ',.;.J.). ". " . 'i.,.. ....... " :', ,'z."'(.),::". . . /. \ 1978 ~t!1,j(U Or~~,:'~J Notary Public '''u. -13- ~ '. .. .' .; h. STATE OF COLORADO ) ) ss. County of Pitkin ) ^ 500K312 i'AGd23 The foregoing instrument was acknowledged before me this 1..3 day of ApI: i3!'}.';'t97 6, by AndH:ew-V...--Hecht,-Attorney- i-n-Pa:c-t-fo~ Robert S. Goldsamt.. ~ . . Witness my hand and official seal. - .- : My Commission expires: . , -l4- .,I.f,."';lt"",!,. .\\~' ,,-'0:':;: .;") '- . ..:!-' .,..;:....:\.....:-'.. " My Commission expires Nov. 14. l.37.,;<.......-, (] .....:...;...\ g ~ ... \) \ ~ 1... ,'" ,". '../} ~ t.Q'(j^- /,/P i'1 K~~00b;:':!' . Notafy Publ;r-.. ....... .,..' . . ". .0, .... .... '.' '....' -,., 'f' ...., \,... ~("'(II~: ;;;': l~i)'\ \\ .. - o. '.. . . ....-.- .. : .. .. . .-: , .. .- '. . (~ (~ eooK312 PAcE12l1 . ,^ " N jt co , '" N N . . . . .u .u .u .u .... .... .... .... VI . . . . .-I lJ' 0' 0' 0' Q) VI VI VI VI VI U .-l $..I N 0 0 0 0 ltl. ltl CO l' 0 \J;) 0 .u 0. 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I >. -1-1 'rl 'M orI o 0 Q)rtJ ll::l%i -1-1 ~ . 0' III I Q) 0 .Q1Il 0 ::l ::l 0 ..-l0 , U.c: N M . -1-1 ~ . 0' III 11l I Q) ... ~1Il N '" ::l N 00 , e...c: \D ..-l z 0 ~I H ;;: H ..::> a:1 .:t; 8 H .:t; 0 .... 8 .:t; Q) Q) Q 0"\ 0"\ III Ill-l-l ~ ~ H H ~ 8 0 Q) Q) Q) H :>~ :> E Ul . 08: o <lJ -1-1 'Cl 00 o Ul ~ ~ ~ III ::l .~ . <lJ . 0 'Cl 'Cl 0' ... <lJ H Ul Hr-l .:t; Ul I tr>0 O"\+> tr> .'; H III <lJ III 8 i'tJlQ)4-I . <lJ . ... HN X ~ 'Cl ... X H X+> en o .rl ~ ;:l o+> 0 H <lJ ....~ ;:l III ;< Ul ... <lJ :r: 0' 0..... 0.. 0..-'<: X r\l 0.. III 0,"-' o.,'rl ~o.. .:t;o.. ..; 0 ";.0 -----_..,,~_...~,._~.._"_.,..__.,_.._-----, lloOK312 fhcE125 , ^ (. ,-,. ( 31~2 . ()~ BOOK r,\cE1~O ,. .:... '. EXHIBIT nBn DF.VF.LOPHENT SCHEDULE - CALLAII.Z\N SUBDIVISION A. Condominiums. Subdivider .!ill commence the construction of condominium units contained on the Plat in the 1976 or 1977 construction season, with the completion of such units contemplated in 1977 or 1978. B. Clubhouse situated on Lot 14. Construction of any improve- ments to the existing structure and any alterations thereto shall be completed by December 31, 1979. ~ C. Recreational facilities contained on Lot l5. The facilities situated on this Lot shall be constructed by December 3l, 1979. D. Roads and Utilities. .Subdivider will commence construction of all roads and utilities provided for on the Plat prior to commencing the construction of any other facilities or sale of any single family or duplex lots provided for on the Plat. E. Subdivider shall have the right to construct, by staging,. any portion of any of the facilities provided for on the Plat at. any time he decides within the development schedule here.tofore set forth for such facil i.ties. F. No certificate of occupancy will be issued for any im- provements until all roads and utilities servicing those improve- ments shall have been completed. Construction of utilities ana roads to all lots except lots 15 and 16, must be completed b.efore a certificate of occupancy will issue for any improve- ments thereon, The certificate of occupancy for the improve- ments on Lot 15 shall in'no way be tied .to the certificate of occupancy for any other improvements. Further, subdivider shall complete all landscaping shown on the Plat by December 31, 1978. G. Subdivider will be deemed to have complied with the previsions of the Plat f.or improvements on tot 15, if such improvements ; .' (~ " ,) 0"-"" BooK312. PAcd,27 -4 ,.:. .>~.~v~ ~ do not exceed the footprint or vertical elevations contained on such Plat for such improvements. H. The.only sanction for failure to construct any portion of any of the improvements on the Plat within the times provided for their construction hereunder shall be withdrawal of approval by the City for those improvements not so constructed and shall in,no way affect the validity of the approval for those improvements constructed within the times provided for hereunder, or in any way give rise to any claim by the City of Aspen or by" any party claiming under or through the City of Aspen against subdivider for the construction of any such improvement or for damages for. failure to construct. any of them. I. To the extent of any conflict between the provisions of this Exhibit B and any other portion of the Subdivision Agreement, . the provisions of this Exhibit B shall prevail. -2- 38 Regular Meeting Aspen City Council February 23, 1976 _,",~..".,.,.~..,.,,;.,~...,...c....,__;__... ..... councilman Wishart moved that the City agree to help fund the $3,000 to $4,000 engineer~ ing study; seconded by Councilwoman Pedersen. All in favor, motion carried. ! CALLAHAN SUBDIVISION - Final Subdivision Approval Planner Kane told Council the outstanding item in this subdivision was the size of the recreation building. There are 34 dwelling units, and expanded clubhouse and the recreation facility. The building had been -staked out for, an on-site inspection. Hal Clark told Council 'the proposed recreation bui'ldi.ng was 46', 000 square feet; the (I,. recommendation of the planningofflce' .is .36,000 square feet with two indoor tennis di'~ courts. Clark outlined the comments of the planning office. C1ty Engineer Ellis is recommending approval of the subdivision. The planning office asked that the transpor_ tation agreement be part of the subdivision agreement. The planning office asked for a revised landscaping plan; it has been submitted, and the planning office agrees to it. The sewer line easement will go through' Ute Park; Ted Anmstrong is concerned about the possibility of a wiqe excavation from a safety factor. The basic disagreement boils down to two indoor courts or three indoor courts. The planning office has tried to relate that to the impact of additional use of the building. Councilman Behrendt asked if the be underneath the.tennis courts. the lowest level. . other proposed uses for the recreational building WOuld Paul Kutik answered that the tennis courts would be Councilwoman Johnston asked that Housing OffiCer Brian Goodheim address the employee housing. Goodheim-had submitted a memorandum to Council suggested that.the five acres under the applicant's control at the end of Ute Avenue be considered for employee hous- ing. ,Goodheimsuggested that the density be worked out by the planning office and whatever density is recommended be utilized to meet employee housing for the impact of the development. Kan.e told Counil he' had not worked out a site analysis. Based on existing zoning, slope reduction, and avalanche control, the density will not be very great. Mayor Standley pointed out the City did not have any regulations that required developers to include housing. Councilman Wish~rt stated in going through subdivision, it was maintained that Ute Avenue should remain low impact and not create traffic out there; employee housing would. Kane explained. to touncil there had been a gradual change and expansion of the facil.i...ties. 'Nre s.!':i';l";'aiulOea had been for a medium range tenn]JLJ:.ac.J...lJS,.;!.E~ 'Ph'::' .::Irlnii-;nn nf the third court wuuld-aLia uu J.lorc ;:J.utomolri'"Te traffic, use of the facili tv ann ('"'on'Je~H nn thd.L Wet3 HuL pdi"t ot the conceptual subdivision. Kutik talA Council th;:J.t tho.y.-w.o.uld ta\e care of tn~s.problem by prov~ding transportation, pick up station, etc. ThLs_~ill be -rncluded. in the subdivision aqr-eement. Councilman-Wishar~as~gd if -the Council left out the third coV~~yrl ~p.nDis_"~_OllI_~ld the~:5et-U~a-rne:chanismso that the developer could come back later for a third court. clark answered they could go for an amended PUD. Afterthebuilding;r~-~ex~~t~TIce and opera~ion for some tlme, the City can better assess the impacts. Councilman Behrendt said between the health club and clu~house, Kut~k is proposin~ that 90 to 250 ppnplc would-be-on the q;rp .::It anyr.jme. Counc11man Behrendt asked if Kutik ha~l-'parking provisions .to. address thQ..~ .,<,_~,15utik . noted tha~.. a lot,o~. _E~.?P_~~.mg_$_~,1.lg.....the faclil~~~wvuld also be llvlng thereL CounciTwoman--Fe~~rsen-askea Kutik if any trees or graves would be destroyed by the sewer line going through Ute Cemetery and ute Park. Kutikanswered he had studied the easement carefully and had agreed to replace any trees that are destroyed. City Attorney Stuller remarked she had no problems with the :Subdivision. Councilman Wishart moved to accept and record the sUbdivi$ion plat; to authorize Mayor Standley to execute the subdivision agreement on behalf of the City, and to authorize Mayor Standley to execute the easement agreement; and to include the reservations of the planning office and to incorporate exploring employee housing; seconded by Council- woman Pedersen. Roll call vote; Councilmembers Behrendt, nay; JOhnston, aye;.parry, aye; Peder-sen, ay~; Wishart, aye; Mayor Standley, aye. Motion carried. Paul Kutik told Council that Callahan's FHA loan application was being withdrawn. 700 WEST HOPKINS - Request for 'exemption from the definition of subdivision Druce Kistler, representing 700 West Hopkins, had submitted a letter to Council outlininq the peti.tion for exemption from the definition of subdivision and the reasons Kistler believe the exemption to be applicable. Kistler stated basically there are two n~ason,; why the 700 Hopkins project should be exempt, other than the fact that to impose sub- division obligations on the conversion of apartments,to condominiums accomplishes no valid purpose under the subdivison regulations. Kistler said the 'law is very clear. There are two standards. The fee must be specifically and uniquely attributable to the subdivision, and there must be some nexus between the subdivision itself and the reason for extracting the fee. Kistler said the' new subdivision orainance fees in lieu of land dedication will be used for acquisition of land or open space. Kistler asked if the 700 Hopkins subdivision attracted a need that may exist in the community for more open space~ Ki.stler ,stated. with conversipn, there is no such need demonstrated. For that reason, Kistlersfatedr the ordinance! as written is illegal and unconstitutional. Kistler wanted the city to recognize that. the ordinance is unconstitutional. It is up to the City to take furt.her steps to rect~fy this or to, operate under an unconstitutional ordinance. I Kistler asked for the mon(~y back that 700 West HopJdns' paid pursuant to this subdiv-1SU.'P Jgrcement. Kistler s(.dd t.hefacts are not there t.oslistuin that <'l condominium convcr- .:;,i.on establishes either nexus 01': sp{~cificaJ.lyand uniquely at.:trib{;.tal)lc need. , l '. ("1: :; j ; ~ c . !: :H -. i if: I- f> <~ re, .I F' F,st II C r '.' - ,I ii s I S' j Ii g. , I s: l 'I d. , I, -[1 I I:. a; ii. i! Tl 1 I' i~ ,[ i il l!'ri' j :1 " i; I '] I' O,.~ ,I :; !{o ,- ii e,: " ii r~ ! s, h , 1:, ti1 i.t', ie e::- ,: r ex ii ~ Zl;l~ fi "-' n<:: Me Ii v..:;r , L Ii e:? :1 d:.c " ! ~ " 1...::: i, . ]1 C'~ ., i.)t ~\ en} ,. ~1, OX" ir. e:.: an no tl, , "!J.S i:~ t., , ;1 . ce- " .' AS Ii 53 t;, cH:~' 1:1. Kj C.i .fe.; rot" mn; We ge' fi:'. Ms an de a.~' ih~ $e' in'; 513:' ch 2;;'t~ th " :i iJr',. ], .! 1.968 Regular Meeting Aspen City Council February 2.'l1. , .j); 'k'. Councilman Wishart moved that the City agree to help fund the $3,000 to $4 000 "" ing. stu9i seconded by Councilwoman Pedersen. All in favor, motion carried. .- I'" -CALLAHAN SUBDIVISION - Final Subdivision Approval (~, planner Kane told Council the outstanding item in this subdivision was the s.iz\. o. ~, recreation building. There are 34 dwelling units, and ~xpanded clubhouse and 1.1;,' recreation facility. The building had been staked out for an on-site inspect.io;~:' Hal Clark tC?ld Council the 1?ropose~ re<:reation building was 4~, 000 sq';1are fc(,t:, ~,,~ recornmendat~on of the plann~ng off~ce ~s 36,000.square feet w~th two ~ndoor t<_:H'" ' courts. Clark outlined the comments of the planning office.' City Engineer gtl~~~\ recommending approval of the subdivision. The planning office asked that the t r :c.,,'~ ~ tation agreement be part of the subdivision .agreement. The planning office a~lko,,'~ ~ a revised landscaping plani it has been submitted, and the planning office age"I':' ;" The sewer line easement will go through Ute Parki Ted Aranstrong is concerned itb\:~. . possibility of a 'wide excavation from a safety factor. The basic disagreement 1,(:,. down to two indoor courts or three indoor courts. The planning office has tri(',~;';'.~," relate that to the impact of additional use of the building. ' , Lh' ~~; t ;;h.!,'" pL <::1 : t ~:': :'0:,>,;, l,~.t.';'. ,', ~ln ~.\.~:. ",'i.' $l::.! dr,,: '~'h; b Councilman Behrendt asked if the be underneath the tennis courts. the lowest level. other proposed uses for the recreational bUildl!;,: Paul Kutik answered that the tennis Courts I,o:OU H t:l~ ,- in (I'r ~k; Councilwoman Johnston asked that. Housing Officer Brian Goodheim address the emplt!',"", housing, ,Goodheim had submitted a memorandum to Council suggested that 'the f i Vt,'1 ~, under the applicant I s control at the end of Ute Avenue be considered for employ.,c' ~ ing'. Goodheim suggested that the density be worked out by the planning of f ice _Ii:,! whatever density is recommended be utilized to meet employee housing for the imp>!.-. the development. Kane told couni'lhe had not worked out a site analysis. Ba:;l'd! existing zoning, slope reduction, .and avalanche control, the density Will not tw '.',.. ,great. Mayor Standley pointed out the City did not have any regulations that. r"'l':: developers to include housing. Councilman Wishart stated in going through s~lbd fl,:: it was maintained that Ute Avenue should remain low impact and not create traf( 1.'.' I therei employee housing would, ~':",~ . t.'(" ~~, ' h {., fo tt, t".. 1:. ,',:':; I '..,~, ~ ,"'''''. Kane explained to touncil there had been a gradual change and expansion of tho r ,w; : ^' -04- The origianl idea had been for a medium range tennis facilities. The addition of !' third court would add on more automobile traffic, Use of the facility and con9.'~\t.\ that was not part of the coriqeptualsubdivision. Kutik told Council that they \,~" "I: take care of this problem by providing transportation, pick up station, etc. 'I'lll~;,." be incluaed in the subdivision ?~!eement~ .ft', n"" H.... {"..- wh,; t . ~ t:~":. ., dr"i Councilman Wishart asked if the Council left out the third covered tennis court, they set up -a mechanism so that the developer could come back later for a third C<).: Clark answered they could go for an amended PUD. After the, building is in cxint I.':: ',- i operation for some time, the City can better assess the impacts. <, Kit 1'.'1' .,~: 1 ' . Councilman Behrendt said between the health club and clubhouse I Kutik is pro po:; io': ' I 90 to 250 people would be on the site at anytime. Councilman Behrendt asked i ( r>:' had parking provisions to address that. Kutik noted that a lot of people usinq f ::' facilities would also be living there. Councilwoman Pedersen asked Kutik if any!" orgra'Ves would be destroyed by the sewer . line going through Ute Cemetery and llt... ; Ktltik answered he had studied the easement carefully and had agreed to replace ,\1\,/ that a.re destroyed. City At,torney Stuller remarked she had no problems with th'~ SUbdivision. OIl", ~1:~ .. O~'" in",' (';:;i' HI",.' T,' ~'i f Iv ~'T t.; ,0 Councilman Wishart moved to a.ccept and record the subdivision ptati to authorL:.' ~,( Standley to execute the subdivision agreement on behalf of the City I and to aut h' Mayor Standley to execute th'e easement agreementi 'and to include the reservation:; the' planning office and to incorporate exploring employee housing; seconded.byt\";. woman P~dersen. Roll call votei Councilmembers Behrendt, naYi Johnston,.aye:; {'dr,i' ayei Pedersen, aye; Wishart, ayeiMayor Standley, aye. Motion carried. 'fo eo;:. r,.~.; !,; ~.,., ,J' ;I,j,) th' Paul Kutik told Council that Callahan I s FHA loan app~icatiort was being withdrd.....n. 700 WEST HOPKINS - Request for exemption from the definition of subdivision Bruce Kistler, representing 700 West Hopkins, had submitted a letter to council the petition for exemption from the definition of subdivision and the rCa!'30n:~ y believe the exemption to be app1'icable. Kistler stated basically there 3rc t.,:!.' ......hy the 700 Hopkins project should be exempt, qther than the fa~t t,hat to i:'~i:';':",' division obligations on the conversion ofapartroents to condominiums accompll.C,:.,\ valid purpose\1nder the subdivison reg:ulations. Kistler sa.id the law is vrc)"';r' '. .' There are two standards. The fee must be specifically and' uniquely attribut,"iIL:', . the subdivision, and there must be some nexus between the .subdivision itself ,1:" reason for extracting the fee. Kistler said the new subdivision ordinance fees in lieu of land dedication wi ~ l . !~", for, acquisition of land or open space. . Kistler asked if the 700 Hopkins. flUb(:l.\,',',..., attracted a need that may exist in the community for more open space. KJ,st.leJ ',' withconvetsion, there is no such need demonstrated. For that reason, KistJct,~,': the or~inallce .aswri tt~n isi~legal and,~nc~nstitution'71. Kistler w-:-nte(:~ U~('l_>~'" ',';,; " recogn~ze tihat the ord~nance ~s unconstltut~onal. It 1S up to the C1ty to t,l. steps, to rectify this or to operate under an unconstitutional ordinance. Kist.ler asked for the money back that 700 West Hopkins paid purslwnt to trli,s ~'.lIL"!' agreem(~nt. Kistler said the facts are not-thereto sustn.in tha'f:. a condoll1in\ \,!m"'" ~;ion esttbliShcs either nC!~us or specifically and uniquc~ly' attributable- Jlp('<L }:, ('; ~', >, t l", ,." "" ~h. -\11.; d" ,-,,:1 d t~' , ,," ))., r; \ ~ " c1,. /,J,l <'HI' "'~:;'!~-, j , i ~ ;ty ci : .16 ',t ;",.1 1'"'\ 194-9 Regular Meeting Aspen City Council February 9, 1976 I' '----- I Councilwoman Pedersen moved not to have Goodheim involved of Jenkins' project; seconded by Councilman Wishart. All Councilman De Gregorio. Motion carried. in marketing the second. phase in favor with the exception of COMMUNITY HEALTH SERVICES AGREEMENT . Mayor Standley said the agreement started during the budget session and it was left that I the City would be willing to pool a like amount of money 'with the County to the agencies I' identified. The agencies were to' work amongthernselves and come up .with a program for the dispersa~ of the funds. Mayor Standley asked if the agreement were consistent with I the C~tyls budgeting; Fi~ance Director Butter~augh said ye~. .1 I' I: ,! il II 'I !I it " h ii ~i " ., If> MYI en."' tf)C' HL; o'>-~ '" '0 councilman Behrendt said the various agencies had reported on their past performance and \worked out levels of service they feel will be fair. Through Betty Ericksen's office the agencies have tr ied to work out a reporting and .:accountabili ty system. Mayor asked how the minimum service levels relate to the past performance of the various agencies. Hs. Ericksen said it was close to their performance of last year, and is what they are comfortable with for this year. It also states they will make an effort to mainta~n and improve the quality of improved service. Mayor Standley asked Ms. Ericksen how she felt about the Mount Sopris involvement. Ms. Ericksen said they are being cooperative, and helpful. Ms. Ericksen said that after the first paragraph in the agreement Flhereinafter participating agencies" will be added. Ms. Ericksen told Council she felt all the agencies were quite comfortable in trying to. provide the kind of reporting the City asked for., , There will be a report from each agency every month. 90uncilmanDe Gregorio said he did not see any facilities open on Saturdays. Ms. Ericksen said there was a crises lioe and lots of people on call. Councilwoman Pedersen pointed out in Resolution there was no mention of the Open Door. Open Door come~ under Touchstone as one of their agencie's.. Councilman Behrendt moved to read Resolution #3, Series of 1976; seconded by Councilman Wishart. All in favor, motion carried. RESOLUTION #3 (Series of 1976) .il ii !i WHEREAS, there has been presented to the City' Council for their considera- tion an acceptable AGREEMENT REGARDING COMMUNITY HEALTH proposing a joint services arrangement among the City of Aspen, the Board of County Commissioners of Pitkin County, A~en School District RE-l, Touchstone Clinic, Inc.~ Sopris Mental Health Clinic and Aspen ValleyVi~iting'Nurse Association, and WHEREAS, that Section 13.5 of the Aspen Home Rule Charter permits entry by the City into agreements with other governmental units, special distric.ts or persons for the joint furnishing or receiving of commodities or services, provided such agreements are ratified by the City Council by formal resolution, and '." ',"f WHEREAS, the City Council wishes to approve such agreement and authorize the Mayor to execute the same on its behalf, NOW, THEREFORE, BE IT RESOLVED BY THE CITY.COUNCIL OF THE CITY OF ASPEN, COLORADO: That it does ratify and approve the AGREEMENT REGARDING COMMUNITY HEALTH attached hereto and incorporated by this reference; and does further authorize Stacy Standley III, Mayor of the City of Aspen, to executive the same on its behalf. was read by the city clerk. .. Councilwoman Johnston moved to adopt Resolution #3, Series of 1976; seconded by Council- man Wishart. All in favor, motioncarried~ A~95 REVIEW ~ FHA APPLICATION - The Aspen Club , .'::a- ~1ayor Standley told Council that COG acts as A-95 review for federal fund programs private sector, or public. In packet there is a copy of A-95 review for an FHA program and a letter from Andy Hecht to COG. Mayor Standley said the City and County both have an opportunity to take a COtlrSf-~ of act.ion a.nd convey to COG this action. ",t; Andy Hecht introduced i\nt,hony Chdo','" r attorney from'i;'il;~hinqton D.C. \vho is rcpresenti.nq the applicant .for this f.J..nanci.<t',r. .Chase told Counci.l he' was rcprcscntin9 Hoi)crt~Coldsc:':11t d/b/a/ 'I'he Aspen Club, who hn<.i dFlp1..icd t.o thc~ F(~der<:,l government: t.hrouqh FHA bll.sine~,;.:; and industry loan .program.for <:l9rant of 90 percent of money sufficient to construct the facilities. Chase said Federal assistance can be divided into, two categories; progr?ms that are of guarantee nature, and programs that are of subsidy nature. Chase told Council ~hat this instance is a ,program developed by the Federal government to provide certain kinds of term lending not available to small businesses; it is not a subsidy program. This is not a program that will take money out of some other pocket. Chase. explained the applicant will repay the long over longtherrn period, not in excess of 20 years. , Bcc;;wse of :the mcr::-hanics set up by the federal government:, the banks nre able t.o go ahtc'ldd anil provide ,th:is kind of financing.'l'he lender i~, entering int.Qun insur.'lncc acran9('''lK'nl; wit.h thc' .fed~~x;'.ll qovcrnincnt. el,,::-;;} f, ("':,i :1 ked to :)r'I,)YO\i(> tiny j ;; Uir i.'.';'Ll.llr:;, ,1\.),: '",I," ::;L<.:J':dlcy l'c:L !.i .i:'J I: Ll::u '.'d. 'il(;:.:;C' aI',,; "'lit,h t'i-;(' A~-93 prl)CC~Ur,'s, to) (] C'ounc i 1 ,;I.i,d. ,c.,!n.,'li<'d jn ac(_"qt'..JailC<,. "" !..l', t,. l,t: fI(1 ,'.-;)_,1,) iTI,_:J ch",: i)' ",J.I l.:h:~'m :1.'<""1:' f.,,',k:,I' 11 L~irtdjn9 'T'1,,> i j Y lk,~; to V".'; or )l<) .,,,1. i:_L Ol1(:, j i.: i:n }:-,/, L:Y the' '~"-'C'l'l, .\ 1\ \'~iJc; ril>;;.~!"t":;l t\"-(i'; 1',:'1./!(.\'1 <:H. 'l:l:\.I~'.. wi Jl be ;:cj,r:(:uL,~,,(,(j b;,c!. u.) U,.,~ I ')('il! f:n-'" ~ ~ / ' l",'hl.-lld 1-)' ') }\::,l.th.11ICi ty c()uncil HL:(Jllliir Meeting . ,....,:.;. .- .,......; pr i vat.e as well as l()cal project,s '(';;;M<iYOI: Stim:dleyt.old. Coun,?il thnt i ftll\~ lUl'd j ;'ui)divis:i.on decides to go with a project., t_hat_is th'e dlTectl.on that. COG \."i.1 J I, ~dyur Standley told Counci~l that many FHA projects had come before COG-UI<:IL ;\1\,<1r, to t.his. Planner Kane told Council he was not personally i.n favor of the applic,'lt.ion. -(', will provide an exclusive service. Kane pointed out that r1~. Chase repn>:;~)I)U:('j' was no federal subsidy involved; however, if the project falls, there is <1 h('d\".,' involved. Kane told Council that the develop~rshijd repeatedly suggcstd3. th.it: ;, ~ould be an exclusivefacilityan.d will not be a public facility. Kane aSkc,tl 1~ city should be in the business of encouraging federal participation in a projf"C~, appeals to the recreation, of 200 to 300 exclusive Aspeni tes. Kane sai.d hQ h'l- affect the City's reputation and posture in, COG being a community that would ' Federal guarantee loan fora',faCility of this type. , Chase said ,this was not' ct . , subsidy even if the loan goes into ,default; the' reserves created from premiulns I',," " loans that ,don't go into default pick up loans that do. Robert Goldsamttold ,<,,::,. reason fo~ the applicati<:>n to FHA is that this is an unusualprOject.T.heOhj~~;:~~' this partlcular program ~s to stretch out the loan for the longest possible t :~':". . reducing the annual debt service, enabling Goldsamt to charge less for the P(;oi"l., . want to join. A.qr:['"Kane said the project was presen~ed at conceptual that the homeowners of Call"h.,,, .. h;f\ have authority over the financial and maintenance arrangements of the club. 'l'h~~ c' '.' VlAPWV"'~, "facilities would add attractiveness ..and a .marketing element. Kane pointed out !n ..., Ivr.;.lljV~qmelanguage 'in the application that specifies the intended use of the money ll~:\' If'Vvv, .. communities that are loosing population; provide economic incentive for develor,:::,-:.: private business to, help inject capital into communities. Kanesai'd they would ~:,j"\_ speak in specific numbers to understand the financing of this club.. Councilman Iii- ',:, pointed out the application said this project would provide in excess of 100 jOb:;, : ' has not seen anywhere that would provide housing. Councilman Wishart asked how the guarantee would be paid for. Chase answered .t!:" ,. fee is one per cent up front. Councilwoman Johnston quoted from the regUlatil):l~;, purpose of the program is to improve economic and environmental climate in runl i ".t.:'~' ties" and said she did not feel this would improve the environment. CALLAHAN SUBDIVISION - Final Plat Approval Hal Clark" planning office, told Council this is a request for a final plat and development plan, final phase of the PUD, approval of the Callahan Subdivision. told Council there would be four documents filed; subdivision plat, landscaping plan showing configuration and outline of the buildings. c; ,; ~ pl" it :; ~ .,\ Clark told Council this is a 25 aCEt:_,.proposal with 12 single family dwelling uniu~. duplex site, 20 townhouses;~:~fl,,~_dic_tlse::<:4-sting home will be expanding into a, club 1" facility, 7 outdoor tenni.s-'~dourts, and,an,,:indoor court facility. Clark- said tl"\I~.l L,: court as proposed is ~)W;O~.o_E)qtlCl,,;t:e_Jeet'~ club house is about 9, 400 square feet. .net approvals'to date ha,?,e been( C-ounty P '&..z ,reviewed waterline extension to the :;i1.:, City P & Z has given!?oncePtual and preliminary plat approval, qiven stream marq III approval, appr~ conditiona.lusp fnr tn"" 'r,.QCrc.:ltion buildilVJ in the RR zone it:,,: ' C,lUb house""~n the RR zone.,The....~g\l.n^c.iL..a,gp~2YS:,~'-~_e:PJ;JJ..aJ. <'Inn n11tl in"" npvp.1u;:," plans, and acted to annex"twQ 'parcels, rezone the cluh nC'l1lse from R-IS to RR to ill I' con~t?]1~l u~e to be. app"ruvt:ra: -^ Clarkcompared the original plan, with the final. The handball and indoo)! courts 1;.'1'. changed significantly. .Origi.:n,al.ly there were ~ight outdoor courts, an indoor faelll:' of 13,800 for a total of 24-(000 square feet of the indoor'facility. Now the indue,} facility is approximatelY.f~8, Q})"0~,square feet in size. There 'have been changes ,i n t;". existing clubhouse buildinSr~th:eoriginal size is about 6, 000 square feet. The Cill ~, . proposal is 9,000 square feet. The townhouses have changed significantly. Then' ,,"I 20 townhouses of 800 square feet; the number of ,townhouses is the same. The townh(".~1 are no longer three stories high, but l~ to 2~. It looks like they plan to lower t ,~", vertical impact of the project, but they have spread. the project out on the site. said these townhouses average out to 2100 square feet. In the previous plan, the t~'... houses could have been up to 240D square feet. There is a subdivision agreement submitted in the packet drawn up by city enginf'cr Ellis and Andy Hecht. Clark outlined the criteria in that agreement; cash dcdica1l $90,000, trail easement for the county trail, guarantee of Crystal Lake remaininq ., " amenity to the project, bond for subdivision improvements at $193,000, lining the d ,,! between lots 8 and 9, acquiring"first right of refusal on some water rights in Hun~FI ~Clark summarized the planning office position; (l)recommend approval of the fini"d ,,:", and final development plan subject to (a), comments of the city engineer and fire f~;'\:_: be incorporated in the final plat and subdivision improvement agreement, (b) addit1<," ,~, landscaping will be revised by the applicant, specifically' 'Zl. more detailed !anch.:c,"q' plan developed for the west side of the indoor courts (c) the recreation buildinQ )",,1 grown too large, it is over half a block. The planning office would recommend th;l~ ." approval be given for two indoo,r courts, not, three. The applicant would have. to (iI,'" a PUD amendment process if the third court were applied for later. ~_plannl~' the massing of the building is ~,Q.<2-st;r9J)g--.!.. Councilwoman Johnston' asked lfthe reason' this ~project ~as not in the. flood plil i Tl \'i' the elevation was too high. Kane said the planning office's major cqncern is ~h'l;', \,;-~. of the senior-junior high school , this would be the largest building. Kane stud ,)1 this does not represent an intensive use of the land. The planning office is i:\ U;o cerned tha.t the buildings integrate with the landscape. 1''-'\ Ii II '.' i! .,,10n II II " II II ,I :1 I' :1 !: ,i ~ 1951 Regular Meeting Aspen city Council February 9, 1976 "',"~."..,...:",...~..^.-.-.~.-- .,,,..,~".. .-",..",.".,... . "-."..~,..-,"",,.,.,~, .,.,....,". ~ _'_d.. _..._,,,__.. I I .__. ..... _~,~_, '.., ,~~...-,-,-,. ..._.. '~., ..~.,..'M',.,'_~-'-'''-'_''',,~, ~,"_.,'"':',~'_.m.'.," ...".....-.........'"'.-... i City Engineer Ellis told Council that the fire marshal needs more access to the building, I with the presentsitde Planhit is difficult to givehcoveh~age. Elklis dsaid the other , important point woul be t e, concurrent easement t roug Ute Par an Ute Cemetery. ii Mayor Standley questioned the subdivision agreement about underground culvert, and asked 1/ Ellis if he planned' to put the Nelly Bird.in uI1derground culvert. Ellissaid to save the ii city money, they would put the culvert underground to carry water, 'and would coordinate Ii this ,with the actual construction. Mayor Standley asked if Ellis planned to do this work this summer and if it were on the construction program. 'Ellis answered yes he planned to do the work, and it was not on the construction program, but is an option worth taking up. Ii I, I' II Ii II ii II I' " I! ii Councilman De Gregorio asked Kutik to discuss employee housing. Kutik said he had II discusse.d this possibility with Goodheim,theP & Z, since they had 4 acres on the south I) side cif Ute AVenue they would be willing to workout some kind of mix between condominiums' and rentals units. Andy Hecht said at first they ,went to the planning office to try ,I, to incorporate a housing program. The planning office did not want an ad hoc program !i but wanted it coordinated with the city and county. The planning office did not want to deal with housing at this point. Kutik pointed out that the planning office wanted to study this area with regard to traffic before they gave a positive answer. Goodheim said the problem is that the area proposed for employee housing is not the type of zone by definition of the subdivision and zoning code for housing. It is also not consistent with general planning principles for this' type of density. Goodheim said that the site is very restrictive. Paul Kutik told Council the three tennis courts would take approximately 22,000 square feet; four handball/squash courts, exercise room, locker, would all be settled into the back area of Benedict's office building, which is 17. feet above grade. Kutik said the building is sunk down so the top of the building is lower by 2 or 3 feet than the trees; one cannot see the building unless they are up above it, on Aspen mountain. Kutik showed Council a.n elevation of the trees' and the building. Kutik also had a model of the project built to scale; he showed that the townhouses had been dropped to below tree line. Councilman De Greqorio question~nrnp pxclusiveness of the cluh. and asked what a member- ~hip'wouldcost, what townhouses 'would cost. Councilman DeGregorio said he did not want to see 100 jobs provlaea-;--an~"t:rie'''.cTtY .of Aspen has to provide facilities, housing ,etc. Kutik said he wasn't prepared to discuss figures and costs. This would depend On the " amount of facilities available and the number of people he can take in. Councilman I: DeG~egorioasked if it made a difference in cost if the Council support the loan applica~1 tibn. Kutik said it was a consideration because it would enablethe;n to payout in 25 Ii years. i,: Councilman Behrendt moved to finally approve the Callahan subdivision and table the planned unit development plan pending inspection by the Council approva 1. simultaneously and a site ,. i: ii " that ;: jI ,I: Planner Kane said he was suggesting the subdivision plat itself can 'beapproved, but the PUD be tabled. City Attorney Stuller pointed out this might affect easements, access roads, and everything else. Piecerneals approva~s can get the City into a bind. ;1 ~j I' " Ii Kane suggested that stakes be placed to show the physical location of the building so Ii that Council can see how much land is being taken up. The trees could be flagged to show:' the exact elevation 'of the buildings. City Attorney Stuller, said she had received' I,: amendments to the subdivision agreements from Ellis, Jim Moran, and Andy Becht. Incorpora;- tion of all thesecomment"s woul-d be appropriate. '!1 Ii Councilman Behrendt withdrew his motion. Councilwoman Pedersen~oved to consideration of this project be tablea pending (1) building being staked out and site inspection by the Council (2) all changes are incorporated into;' a new subdivision documents (3) an analysis and' comments by City Manager and City Attornei on 1980 of the Farmers Home Administration lending; seconded by Councilman Behrendt. CQtln~;]man De Gregorio said he would like adde9 to thisto~udc that there is some 4Vfi;1~hilitv of d~~~~on on prices. Councilwoman Johnston said she would like to see conversations on housin~inue.Councilwoman Johnston said she felt that the increased size of the facilities would attract traffic, rather than for people that live there and mcmbers. C9lJns::_i,),rn.Cl..n,..J]!?__Gx:e..~o made" a motion to amend the main motion to include some kind of f)'Slur.e.s.-._QJL,how much rnemberSnl.ps-c<5St, now much tne units COSf;-~ secanaea-by Councilwoman Johnston. CQ.!.lQG_iJ,Jftan.J~,.2...r~y,..J2.oiJ1...:tPn ('loT- t-f1P ori<JiTi.Sll concept was not to have a Y camp type situation. 'I't'!,e ...CollnC"il was trying 1:.0 establish th;~("lub not tQ be a traffic ,generator. -- 1\1) in favor of Councilman De Gregorio's amendment with the exception of Councilman Behrendt. Motion carried. Mayor Standley pointed out that the third part of the main,motion regarding the FHA ;-Illi'\lysis did not tie in with the subdivisi.on agreement and the site inspection. COtlnc.i.lwoman Pedersen withdrew part three of the main motion; Councilman Behrendt agreed. i\ll in favor of the main motion, motion carried. ('.. ~ .... \)\.trlcilwo1l1Dn Johnston asket1if . there W8re some way to pursue employee housing in this fl/'ojvcl.. Mayor Standley Daid Council had given tbclllc;(ll1Ceptunl ,approv.::ll_; Council would h"IV~' .In wi Lhdraw concr:>ptu,_l1. approval ,and st.artover: with i.ncreased density. Knne r)OIl~t('d uut till':> whol(:,pJ.'u~jc;cthds b('(;~n desi~Jncd fox a v(~ry, low traffic situation. 'fhe 1'1 II )<'(:\ 1" l\Ot. CqUiPl'f'd to handle pilrk,inq. ^ ,-., Spf!ciill 11.;\.'I'-inq Asp\'m City COL'lnci.1 ~3vpt('llIh(>r 11, 1971,) Hc1yor SUuldley called t:h(~ Sp'~Gj~).1 J\l(.'eLinq to ur'Qt,'r ;:.J,t. 7:0H p.m. \;I.lth Coq!~('i Johnston, Pa:n:-y,PedVl:S,:'lli Citynir;;j"g~'ol:- ["l.,.:hOfWY:;lhi Ci Ly h.t~()L.I,h.'Y :;tull"l ;f["i~.(H,~nl-. lU:, ~~tr.__;~~,:L~S'!.t2!.~_._!I.\)~~gX~g~_~}~'?"NEJ_~~ Mayor standley told Council this was a request from the High Scnool to have their bonfire on the Rio Grande property. Mayor Standley had Chief of Police Ber~hcy and Sanitarian Bob Nelson check ,it out in terms of the proper place to have this bonfire. Hershey and "Nelson agreed i: was. Mayor Standley told Council he had talked to John .Ranyan of the High School and reminded him that last year's homecoming class did not clean up very well after the bonfirem. Ranyan had promised Mayor Standley they would clean up thoroughly after the bonfire. ni!:-, j ~ :":>; Councilwoman Johnston moved to approve the use of the Rio GrQnde for Friday, September 19, for the bonfire; secoilded by Councilwom;:m Pedersen. All 'in favor, motion carried. CALAHAN - Conceptual Subdivision Review ,. ;......1 Bill Kane, City/County planner, reminded Council that the applicant wanted assurance about the club house. Kane told Council that Calahan intended to use Benedict's house as a club house, and as it stands that is nota permitted use in the R-15 zone; however, it would beperrnitted in RR. Kane said the planning office would support a proposal to rezone the property to,RR. RR is a lower density, but. does permit a number of recreational uses. Kane read the list of permitted uses in the RR zone. Benedict pointed out that this facility would be a dining room rather than a restaurant. Councilwoman Johnston said" it was her understanding that this was to bea private club facility for 'members and guests only. Kane said he had envisioned it that way also. Jim Moran, representing the applicants, told Council thptservices to club members would include being able to eat there and drink there. Councilwoman Pedersen asked what the hours for this club house would be. Moran said this was hard to determine; it depended on wherr members wanted tennis privileges. Moran said he could anticipate a harrow time when a meal could be obtained, and a time range on either side where m~bers could get soup and a sandwich. Moran pointed out that club facilities, in order to support themselves, had to have some services available. Moran told Council there would be a licensing problem with the state. Club licenses are available to either an affiliateofa national organization, or to a club that has been in existense for five years ,and collected dues from members for five years. Moran said this clubhouse could either apply for a regular liquor license, or remain unlicensed and the facility would not have title to liquor and would not sell a drink. Moran wan~ed Council to be aware that a club facility which excludes the general public creates a licensing problem. Moran told Council this because there has beerrexpressed a desire on the part of the Council, the P & Z, and the developer that this area not be a public restaurant and bar but be a membership club. This facility should also be private membership rather than public because it will generate less traffic. Moran told Coun~il the applicant wanted Council to understand that' this facility would be run on a club basis with dining and drinking facilities in the clubhouse. Moran told Council the licensing issue would be a problem lateran, anti he wanted Council to' be aware of this, Mayor Standley said the Council did not have the power to give this project a liquor license that would be restrictive. The applicant would have to present assurances to Council that they would be restrictive. City Attorney Stuller stated that'it bothered her that the term "kitchen facilities" had been expanded into a restaurant, which would give this ,a very'public and high profile character. Dining hall and kitchen facilites have a much more limited use; group feeding, etc., was the intention of the definition. City Attorney Stuller said this problem of definitlon was brought on by the applicant's broad interpretation of the wording in the code. City Attorney Stuller said she did not thin~ the City should compromise the land use considerations ,to accommodate the liquor license requirements. Moran said he felt this definition was meant for a recreational club, the type of golf or tennis recreational club. Stuller read the uses and said she envisioned large groups of people, sports activities, getting fed along with their activities:. Her interpretation was not a private bar and restaurant. Stuller told the applicant she wanted the problem of definition and the liquor license to remain the problems of the applicants for them to resolve. Planner Kane said he had not anti.cipated this project having a liquor license but rather being like the Smuggler and Aspen Raguet clubs where people could bring bottles of wine and the kitchen facilities were very low profile. Kane stated the idea of a three-way liquor license was beyond the scope of anything the planning office had discussed for thi$ project. Moran asked what conditions Kane was talking about that the planning office would at'tach to the RR zoning. Kane apswered the planning office would not encourage a. three-way liquor license for this project. Kane confirmed that the Council and planning office was having a problem reconciling everything that is going to be involved in thissitc; Kane stated he did not have a problem with zoning the site RR. Moran asked what. the term '''Recreat.ion clubll means, this 'is a condition use in the RR zone. Moran asked if "recreational club" meant what the applicant had envisioned Lhis facility as, or iEthe Council had ano,ther definition in mind. Kane said he felt "rccreation<?!l club" should be a place where members meet, bring their own liquor and perhaps meals could be prepared as well. L0p01~~~ .r" 1851 r"\ special Meeting Aspen City Council September 11, 1975 .d "illl councilman parry said he envisioned this as a really nice club and faci.lity, nice dining rooms: not as a YMCA camp. The Council was having trouble determining which facility they wanted. Mayor Standley asked Fritz Benedict how many square feet were in his house. Benedict answered about 4,000 square' feet. Calahan told Council he did not think this would be like typical country clubs where there isa lot oisocial activity. AndyHecht told council that maybe when this project cOnies in for a liquor license, the Council will find they cannot grant one. The applicant is aSking the Council to accept a recreational club as outlined as a permitted~use ~n the RR zone. councilwoman Johnston agreed with Councilman Parry and stated she felt it was nice for people to have a club if they want that kind: of experience. Cit~Attorney Stuller told council her constraint was 'looking at the defini tionof "recreational club" in the code and reconcile that with the Rural Residential zoning district. "Recreational club" as outlined in the code, IrA building devoted to pUblic use including such facilities as golf clubs, swimming poolclubho~se, tennis clubhouse, playground and play field activity centers, or clubhouses ~nd may include kitchen facilities, assembly halls, meeting rooms and locker facilities.1' City Attorney Stulle~ pointed out that definition has a totally different tone that a leisurely luxury club. I I i i I i I I I I I ,! " Ii I' councilwoman Pedersen stated she did not want tQ define bar-use at this time and would 1\ not favor any such .definition. If the applicant wants a pr"ivate club, people can have [I their own locker for liquor. Hecht said that was fine, the applicant just wants to Ii know what the use is, that food is: okay,: liquor is okay. Councilwoman Pedersen stated ii that if t'his facility were to be a clubhouse for ,members, fine; but if it were to be II!, a commercial venture, she objected strongly. . . for conceptual subdi vision;~ 34 units;. 20 townhquses, acre site. The applicant i: The planning office Ii ii Ii ,i Ii ,: Mayor Standley disagreed and noted that golf country clubs are located in rural areas, not con~ercial areas. The RR zone is compatible with a golf ClUb-type facility. Mayor Standley also stated that bar and restaurant is a very logical element in any type club. city Attorney Stuller read ,the Rural Residential zone definition and told Council that "recreational club" was a conditional use and, would have ~oreceive P & Zapproval. calahan tqld Council they planned to operate oria twelvemonth basis and were looking for local support. Moran told Council that the applicants were attempting to tell council as much about their contemplati@n of this facility right at the beginning to avoid setbacks later. Mayor Standley said that' if ,Calahan did no~ dedicate the road to the City and the City did not accept the road, it is not: illegal to isolate the liquor license by' not giving public access. Mayor Standley said the City can leave the burden of proof on the applicant that they have restricted this facility to members before the Council would grant a liquor license. Kane reviewed this project, telling" Council this was a proposal The applicants have sought recognition of the proposed 'density, 10 single family dwellings and 2 duplex units. This is ona 25 also wants recognition of the circulation system of the layout. recommends that th~ conceptual subdivision be given approval. Councilwoman Johnston moved thatLthe conceptual subdivision for Calahan be approved: seconded by Councilwoman Pedersen. City Manager Mahoney stated that the difference between p~ivate and public is not relevant until the Council knows what the terms are'. Private and Public is strictly monetary. It could be,$3,000 to join or it could be $30; th~re could be some other form of' restriction. Allin favor, motion carried. Councilwoman Johnston moved to adjourn the special m~eting at 7:45 p.m.: seconded by Councilman Parry. All in favor, motion carried. kCLY'-'<<70J -4 iL7Zu Katnryn S. Hauter, C1ty Clerk Regular Meeting Aspen City Council September 22, 1975 Hayor Standley called the meeting to order .at 5:09 p.m. with Councilmembers Behrendt, Johnston, Parry, Wishart, City Manager Mahoney and City Attorney Stuller present. u.~E. Councilman Wishart moved, to approve the minutes of Council meetings: seconded by Councilman Behrendt. CounciLwQman Pedersen came into Council Chambers. August 25 and September 8, 1975, All in favor, motion carried. ~~COUNTS PAYABLE Councilman Behrendt moved to approve the accounts payable fqr September; seconded by Councilman Parry. Councilwoman Johnston quest,ioncd thL~ $6,000 expendit.ure for Colorado Division of High:- "'!.-IY~:;. Mayor Standley said {:;hat. was t,hcCity's share for the H<d_p(~rin stUdy, ,ollld i.~~ il11. .~ncumhrancc f.o has not; y...t l>cen. [;pCJ,lt. Coi.lnci lwoman ~Tobnf: l':,Ofl .;J150 quc~;t.iOJl('d ,t,h(~ (I()lL GOUJ'iH,,;const:nJc"t;.lon under l<1nd Jmf..lr()v\:~ment inst:.cdd of :r('cr(~d.t,ion. t-ldyor StancLlcy dl'l~.;','h::or(>dd1'1 L the, (Jol.f cour:,;c; WC:H, bought oul of );:t,h penny ~Hhl Lhe imprC1\.'cIl1O'nts wc're Utlli','J' ~;lxth pc-'nny. 1111 :irl favor, T1Iot,ion c~~rd(>d. i Ii Ii II " Ii Ii " l- I I , \ I i .. i.' ~