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0007.2011.ASLU/0831- 2.7.11 SPA Insubstantial Amendment.doc CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Jessica Garrow, 429-2780 DATE: 1.4.2011
PROJECT: Theatre Aspen
REPRESENTATIVE: Charles Cunniffe
Applicant: Theatre Aspen
LAND USE REQUEST: SPA Amendment for new tent and entry area
DESCRIPTION:
The Applicant is interested in replacing the existing tent for Theatre Aspen. In addition, some changes to the entry area and box office are proposed. In order to qualify for an administrative
approval the replacement tent must be consistent with the original approval (Ordinance 24, Series of 1995). This means that the tent and entry area must be taken down and removed from
the site each year.
The application must address how utilities will be handled on-site, what the area will look like when the tent is removed each year, how the proposal impacts noise in the area, and if
any trips are generated by the changes. In addition, the application must include a copy of the original approval Ordinance, the SPA, and information comparing the current visual state
to the proposal. Because the property is located within the Stream Margin Review area a Stream Margin Review is required. The replacement of the tent qualifies for an administrative
review.
If the applicant is interested in constructing an entry area that would remain up year-round, they must apply for a major SPA Amendment Stream Margin Review, and Growth Management Review.
These require public hearings with P&Z and City Council.
Application:
http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/landuseappform.pdf
Code:
http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26-Land-Use-Code/
Land Use Code Section(s)
Common Development Review Procedures
26.435.040.B.3 ESA – Stream Margin Review
26.440.090.A Insubstantial SPA Amendment
Review by: - Staff for complete application
- Referral agencies for technical considerations
- Staff for administrative review
Public Notice: Not Required
Planning Fees: $735 Deposit for 3 hours of staff time (additional planning hours over deposit amount are billed at a rate of $245/hour).
$212 Engineering Fee,
$410 Environmental Health Fee,
$212 Parks Fee,
Total Deposit: $1569
To apply, submit the following information:
Total deposit for review of the application.
Proof of ownership. A signed letter from the City authorizing the application.
Completed Land Use Application Form.
A signed fee agreement.
A Pre-Application Conference Summary. (this document)
A letter signed by the applicant, with the applicant’s name, address and telephone number in a letter signed by the applicant, which states the name, address and telephone number of
the representative authorized to act on behalf of the applicant.
Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed
to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel,
and demonstrating the owner’s right to apply for the Development Application.
An 8 1/2” by 11” vicinity map locating the parcel within the City of Aspen.
Existing and proposed site plan
A site improvement survey including topography and vegetation showing the current status of the parcel certified by a registered land surveyor, licensed in the State of Colorado.
A copy of the approval Ordinance and the SPA Plan.
A copy of the final lease
A written description of the requested SPA Amendment and an explanation of how the proposed development complies with the review standards relevant to the development application. Please
include existing conditions as well as proposed. Please provide a written response to all applicable criteria.
4 Copies of the complete application packet.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations
that may or may not be accurate. The summary does not create a legal or vested right.
0007.2011.ASLU/0831_02.09.11_SPA Amendment Request Letter.doc Date: February 9, 2011
Project: Theatre Aspen
Representative: Charles Cunniffe Architects
Applicant: Theatre Aspen
Land Use Request: SPA Amendment for new Tent and Entry Area
Description:
The applicant is seeking administrative approvals to replace the existing tent for Theatre Aspen located in the Rio Grande Park and make the following site improvements:
Re-grade the tent site to prevent flooding of the tent platform during heavy rains.
Coordinate with City of Aspen Parks Department staff to utilize existing pond basins in Rio Grande Park to better detain storm water for enhanced mitigation of storm water flows passing
through the park and adjacent to the tent site.
Increase electrical capacities to the tent site.
Replace existing ancillary park structure with a new ancillary park structure. The new park structure would contain Theatre Aspen water and electric meters and a bear-proof trash dumpster.
Replace the existing tent with a new tent in the same footprint. The tent would remain a ‘temporary’ structure that would be set up before and taken down after each summer performance
season.
Construct ticketing and concessions ‘lobby’ structures adjacent to and in front of the new tent. The existing shed structure that currently houses concessions and storage would be removed.
The ticketing and concessions ‘lobby’ structures would remain ‘temporary’ structures that would be set up before and taken down after each summer performance season.
Following is an explanation of how the proposed development complies with the review standards relevant to the development application:
Sec. 26.440.050 Review standards for development in a Specially planned Area (SPA)
General. In the review of a development application for a conceptual development plan and a final development plan, the Planning and Zoning Commission and City Council shall consider
the following:
Whether the proposed development is compatible with or enhances the mix of development in the immediate vicinity of the parcel in terms of land use, density, height, bulk, architecture,
landscaping and open space.
Response: The new development is consistent with the existing use of the SPA. The existing tent will be replaced with a new tent of a similar footprint. The new tent will be 2’-3”
lower in height at the peak than the existing tent. Landscaping improvements will organize and enhance the immediate site by clearly defining back of house areas from public areas with
landscaping improvements to existing gardens and pond areas. Open space will be greatly improved on the immediate site and surrounding areas through our continued design collaboration
with the City of Aspen Parks Department.
Whether sufficient public facilities and roads exist to service the proposed development.
Response: New public facilities are not being proposed. Existing public facilities and roads to service the proposed development are sufficient. The development proposes to relocate
service areas to the west minimizing pedestrian interaction with service vehicles. The Parks Department favors this location as it mitigates large truck traffic along the most heavily
used areas along the east edge of Rio Grande Park. Electrical upgrades will greatly improve safety and operations for Theatre Aspen.
Whether the parcel proposed for development is generally suitable for development, considering the slope, ground instability and the possibility of mudflow, rock falls, avalanche dangers
and flood hazards.
Response: The site is generally flat and is free from mudflow, rock fall, and avalanche hazards. The site is not within the 100-year flood plain. The development is coordinating with
the Aspen Parks Department who is redeveloping the existing storm water retention ponds in the area. Re-grading of the site is necessary to prevent re-occurring flooding from the existing
retention pond. The proposed development will direct storm water to the adjacent pond via overland (sheet) flow methods and permeable paving of outdoor plaza areas.
Whether the proposed development creatively employs land planning techniques to preserve significant view planes, avoid adverse environmental impacts and provide open space, trails and
similar amenities for the users of the project and the public at large.
Response: The proposed development does not affect significant view plains and avoids adverse environmental impacts. The proposed development beautifies the existing site, which is
currently exposed to the users of the adjacent trails and open space. The new “easterly” entry location of the proposed development is favored by the Parks Department for it’s orientation
to existing pedestrian traffic patterns and relationship to major usage areas such as the John Denver Sanctuary.
Whether the proposed development is in compliance with the Aspen Area Comprehensive Plan.
Response: The proposed development is in compliance with the Aspen Area Comprehensive Plan.
Whether the proposed development will require the expenditure of excessive public funds to provide public facilities for the parcel or the surrounding neighborhood.
Response: Private funds will be used to cover the expenses for the proposed development which will benefit the public.
Whether proposed development on slopes in excess of twenty percent (20%) meet the slope reduction and density requirements of Subsection 26.445.040.B.2.
Response: No development is proposed on slopes of 20% or greater.
Whether there are sufficient GMQS allotments for the proposed development.
Response: Improvements to the parcel are exempt from the GMQS per Ordinance No. 24 dated 1995.
Sec. 26.435.040 Stream margin review.
General. The provisions of the stream margin review shall apply to all development within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork
River and its tributary streams and to all development within the Flood Hazard Area, also known as the 100-year flood plain.
Exemptions. The Community Development Director may exempt the following types of development within the stream margin review area:
The expansion, remodeling or reconstruction of an existing development provided the following standards are met:
The development does not add more than ten percent (10%) to the floor area of the existing structure or increase the amount of building area exempt from floor area calculations by more
than twenty-five percent (25%). All stream margin exemptions are cumulative. Once a development reaches these totals, a stream margin review by the Planning and Zoning Commission is
required; and
Response: The development does not add more than 10% to the floor area of the existing structures or increase the amount of building area exempt from floor area calculations by more
than twenty-five percent (25%).
The development does not require the removal of any tree for which a permit would be required pursuant to Chapter 13.20 of this Code.
Response: The development does not require the removal of any trees for which a permit would be required.
The development is located such that no portion of the expansion, remodeling or reconstruction will be any closer to the high water line than is the existing development;
Response: The new development will not be any closer to the high water line than is the existing development.
The development does not fall outside of an approved building envelope if one has been designated through a prior review; and
Response: The new development does not fall outside any approved building envelope.
The expansion, remodeling or reconstruction will cause no increase to the amount of ground coverage of structures within the 100-year flood plan.
Response: The new development does not increase to the amount of ground coverage of structures within the 100-year flood plan.
0007.2011.ASLU/TA City payment agreement.pdf
0007.2011.ASLU/TA Deed.pdf
0007.2011.ASLU/TA existing conditions site plan.pdf
0007.2011.ASLU/TA Land use appl..pdf
0007.2011.ASLU/TA Lease agreement.pdf
0007.2011.ASLU/TA location map.pdf
0007.2011.ASLU/TA ordinance 24.pdf
0007.2011.ASLU/TA proposed site plan.pdf
0007.2011.ASLU/TA Representative Authorization.pdf