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HomeMy WebLinkAboutLand Use Case.215 Garmisch St.0046.2008.ASLU~.., -•,. THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECT ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0046.2008.ASLU 2735-12-4-36-850 215 GARMISCH ST. JENNIFER PHELAN INSUBSTANTIAL PUD AMEND. SCOTT CHRISIM 11/12/2008 CLOSED BY Angela Scorey ^„~ D t?~~~. fo , 2005 • p<5 Ll~l 1..r I.Q-3- s aO ({. (v Eib Edit gecord Navgate Fgm Reports Format Tab Help 0~-a N ~~~ ~I ;~r~' 1J J > rJ ~ ~~~ Permit Type aslu ~ Aspen Land Use Permit A 00962008.AAU Address 2l5 N GARMISCH ST J AptJSuite City ASPEN State CO Z4 1611 J Perm't lnfarmatcn. Master Pernik-~ Routing Queue edu07 AppYed 10)10)2008 J Project J Status pending Approved ~J Desalptlon YELLOWBRICK PARK SHADE SHELTER -FINAL PUD (& INSUBSTANTIAL PUD Iswed ~J AMENDMENT) Fmd Su6ntlt[ed SCOTT CHRISIM Chck unNng pays ~ 0 Exp'res 10)05)2009 J - -Owner . Last Name CITY OF ASPEIJ J First Name ~ l30 5 GALENA ST Ptlarle (970) 920-5000 ASPEN CO 81611 f7 Owner Is Applkant? Applicant _ _ Las[ Name CITY OF ASPEN J FYS[ Name C[TY PARKS 130 5 GALENA 5T Phone ~ CustN 28120 ASPEN CO 81611 Lender Last Name ~ J First Name Phone the marvel pdmA nmtKr ~~ ,a', ` ~~ ~ n . ~~. - V ~~_~ ~_~ AA, Record 1 al 7 ~Ra+t~q tlstory '~. (• PROJECT: ATTACHMENT 2 -LAND USE APPLICATION Name: ~` //i7/~/R,~/~./L P/y2/~ fjE/A'Q~ rj/f~L7f~ Location: 2 ~ ~ /Vo~~ ~~S~GIf 5'T~f~i - (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # APPI JCANT: 2~-351 y- 368 ya Name: li /~~ f15PE/y ~i'F~l~`~... b ./,~.F/yl~ Address: Phone #~ 9~ -~20 • y2(J ~ REPRESENTATIVE: Name: Address: Phone #: v cw v- TYPE oP APPLICATION: (please check all that apply . ^ GMQS Exemption ^ Conceptual PUD/i/~iuSffAN~l/YL ^ Temporary Use ^ GMQS Allotment ~ Final PUD (& PUD Amendment) ^ Text/Map Amendment ^ Special Review ^ Subdivision ^ Conceptual SPA ^ ESA - 8040 Greenline, Stream ^ Subdivision Exemption (includes ^ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ^ Commercial Design Review ^ Lot Split ^ Small Lodge Conversion/ Expansion ^ Residential Design Variance ^ Lot Line Adjustment ^ Other: ^ Conditional Use EXISTING CONDITIONS: (descri tion of existin buildin s, uses, revious a royals, etc. r~-~„4~(~-' Pr9Ff~ ui/~s ~/y~ua~y //V 2-~9~ cu!>t1 A put/yc~a A~Hf' ~uK g Pr~ivi~ PROPOSAL: (descri tion of ro sed buildin s, uses, modifications, etc.) p_,~~ [ev~~trc,~7on/ a~' k P/IRK P/~.yl~ 5Hi6L?FR W/TH A 3!S• 4 5. F fzodF /r~• 5/f~~ u/iw Ns;'/.~ acv ~vES. Have you attached the following! rr:ES liuE: a ® Pre-Application Conference Summary Attachment #1, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form ® Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ^ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. ~' ~- CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Aereement for Payment of Citv of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and (hereinafter APPLICANT) AGREE AS F~ 1. APPLICANT has submi ed to CITY an application for (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their heazings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they aze necessary as costs aze incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ which is for hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the C[TY for the processing of the application mentioned above, including post approval review at a rate of $235.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN Chris Bendon Community Development Director APPLICANT By: C~~-- Date: 7' Z2' ta~j Billing Address and Telephone Number: /3~ SatlTH 6AZ~„NR sT A-~l/, ~o B/~// 9~n-429'- 2d79 .-.. ATTACHMENT3 DIMENSIONAL REQUIREMENTS FORM Project: Applicant: Location: Zone District: Lot Size: Lot Area: (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing.• Proposed. //A- Number of residential units: Existing: Proposed: Nf1- Number of bedrooms: Existing.• Proposed: //~_ Proposed % of demolition (Historic properties only): ,~. DIMENSIONS: Floor Area: Existing: ~ Allowable: Proposed.• 3 S.~ Principal bldg. height: Existing: d Allowable: ~ t o Proposed.• ~?9'~~~~ /2-0 Access. bldg. height: Existing: Allowable: Proposed: On-Site pazking: Existing.• Required: Proposed: Site coverage: Existing. • ~ ~a Required: Proposed: D, ( a Open Space: Existing: Front Setback: Existing: Required: Proposed. Required.• Proposed.• Reaz Setback: Existing: Required: Proposed.• Combined F/R: Existing.• Required: Proposed:- Side Setback: Existing: Required: Proposed:- Side Setback: Existing.• Required: Proposed.•_ Combined Sides: Existing.• Required: Proposed:- Distance Between Existing Required: Proposed. Buildings Existing non-conformities or encroachments: tt~d/li~ Variations requested: ~~ a7 7 .-. L N w° ~ ~ ~ ro ~ as o¢ y T ~ X '~ Z y v W y U W o a _~ v a~i «. ~ a~ a;~ ~ o •~ Z y a-Oi ~ ~ E Q 7 ~ U ~ a J y ~ Q ~" ^ W C j ~ ~ N Q O ~ Y Q ~ 3 J ~ H h LL ~ 0.5 'c X Y a '~ O C ~ 'w C ~ U ~ .~ ~ ~ a C t3 W~,~-d 2 ~ o w... 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A w ~' w ' ~', w ~ ~', ~ ~ w O ~ de v ~ ¢~F ~' ~ M a1 7 M r I r r r r r r ~ z r`~ W La ~ ~ ~ ~~ /7 C ~'~ w ~ ° r ~ `~ ~ a~ , ~ a 3 a ~ ~ a~ W~ c A N a a ~ ~ a `~ z~ : ~ w F O O a u z ~ d A .~. 0 rn O O N U C. li O .Y U a ro v ~n a .~ 7 0 .+ 0 L a v 0 b 0 U N N "U C 7 O y N L 4. C ~ O' C w ~ ~ P. ~ ro L U ~'. C ~ 3 i " °~ w C O A y c1 ~ G O ° ~~; ~ o •° L4 •„ R ~ U ~ a °~' '3 a = ~ ro ;; = ~ a o U Q s µ U iF iF Vi .-,, .~. ,~ ~+ A l l AIrFiMtN 1 4-(:UN I "U- 1. Land Use Application with Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of [he applicant. 2. The street address and legal description of [he parcel on which development is proposed [o oceur. 3. A disclosure of ownership of [he parcel on which development is proposed [o occur, consisting of a torten[ certificaze from a titte insurance company, or attorney licensed to prx[ice in the S[ffie of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonsttffiing ttre owner's right [o apply for the Development Application. 4. An 8 1/2" x ll" vicinity map locating the subject parcel within the City of Aspen. 5. A site improvement survey including topography and vegetation showing [he torten[ status of the parcel certified by a registered land surveyor, licensed in me State of Colorado. (This requirement, or any part [hereof, may be waived by [he Community Development Department if the project is de[ennined no[ [o warrant a survey documem.) IZ. Accurate e10Va[tnns (rn relailOn [0 mean sea level of the lowest floor, including basemen[, of all new or substantially improved structures; a verification and recordffiion of the actual elevation in relation to mean sea level to which any sWCture is consUUC[ed; a demonsttazion Iha[ all new consauaion or substantial improvements will be anchored to prevent flomfion, collapse or lateral movement of any sWCmre [o be conswcted or improved; a demonstrazion [hat the swcmre will have the lowest floor, including basement, elevated to at least two (2) feet above the lase flood elevation, all as certified by a registered professional engineer or architect. 13. A landscape plan that includes native vegetative screening of no less thm fifty (50) percem of the developmental viewed from the rear (slope) of the pacel. All vegetative screening shall be maintained in perpetuity and shall be replaced with the same or corr>parable material should it die. 14. Site sections drawn by a registered architect, landscape architect, or engineer shall be submitted showing all existing and proposed site elements, the top of slope, and pertinent elevations above sea level. I5. Proposed elevations of the development, including any rooftop equipment and how i[ will be screened. 6. A site plan depi cling the proposed 16. Proposed elevationsofthe layout and the project's physical development, including any rooftop relationship to the land and it's equipment and how it will be screened. surtoundings. 7. A written description of [he proposal and a written explanffiion of how a proposed development complies with the review standards relevant [o [he development appl icffiion. 8. Plan with Existing and proposed grades at two-foot contours, with five-foot intervals for grades over [en (10) percent. 9. Proposed elevations of the development 10. A description of proposed consmucfion techniques [o be used. 11. A Plan with the 100-year floodplain line and the high water line. 17. A sketch plan ofthe site showing existing and proposed features which arc relevant to the review. 18. One (1) inch equals four hundred (400) feet scale city map showing the location of the proposed subdivision, all adjacent lands owned by or under option to the applicant, commonly known landmarks, and the zone district in which [he proposed subdivision and adjacent properties are located 19. A plat which reflects the layout of the lots, blocks and swcmres in the proposed subdivision. The plffi shall be drawn at a scale of one (1) equals one hundred (100) feet or larger. Architectural scales are no[ acceptable. Sheet size shall be twenty-four (24) inches by thirty-siz (36) inches. If it is necessary to place the plat on more than a one (1) sheet, an index shall be included on the first sheet. A vicinity map shall also appear on the firs[ sheet showingthe subdivision as it relates KtY system m the area of the proposed subdivision. The contents of the plat shall be of sufficient derail ro determine whether the proposed subdivision will meet the design standards pursuant to Land Use Code Section 26.480.060(3).20. Subdivision GIS Datu. 21. A landscape plan showing location, size, and type of proposed landscape features. 22. A subdivision plat which meets the [ertns of this chapter, and conforms m [he requirements of this title indicating that no mrther subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant [o this chapter and growth management allocation pursuant to Chapter 26.470. 23. The precise wording of any proposed amendment. 24. Site Plan or plans drawn m a scale of one (I") inch equals [en (10') feet or one (1") inch equals twenty (20') fee[, including before and "after" photographs (simulations) specifying the location of amm~nas, support sWCtures, transmission buildings and/or other accessory uses, access, parking, fences, signs, lighting, landscaped areas and all adjacent land uses within one-hundred fifty (150') fee[. Such plans and drawings should demonsVffie compliance with [he Review Standards of this Section. 25. FAA and FCC Coordination. Statements r egarding the regulations of the Federal Aviation AdminisW[ion (FAA) and the Federal Communications Commission (FCC). 26. Structural Integrity Report from a professional engineer licensedin the State of Colorado. 27. Evidence that an effort was made [o locate on an existing wireless telecommunication services fxility site including coverage/ interference analysis and capacity analysis and a brief statement as to other reasons for success or no success. 28. Neighborhood block plan a[ 1"=50' (available from City Engiteering Depanment) Graphically show the front portions of all existing buildings on both sides of the block and their setback from the street in feet. Identify parking and front entry for each building and locate any accessory dwelling units along the alley. (Continued on next page.) `per At',~r~Yl7or~ Can' ;~v~ ~u~~y ~~ • Scott Chism From: Amy Guthrie Sent: Wednesday, September 03, 2008 10:52 AM To: Scott Chism Subject: RE: Yellowbrick Park: proposed picnic shelter Attachments: 2007 Land Use application.doc Hi Scott- the picnic shelter needs an Insubstantial PUD amendment, because the property is zoned Public and has a PUD overlay. I'm attaching a land use application. Scan through it to find a matrix that tells you what has to be submitted. This is a sign off by Chris eendon. Here is the relevant section of the land use code. Scroll down to Section 26.445.100.A, which briefly describes the work that would NOT be eligible for the staff sign off. I think you qualify. http•//www aspenpitkin com/pdfs/depts/38/coaspent26-400 pdf The Yellow Brick has been identified as a "Potential Historic Resource" and is subject to what's called Ordinance #48. Staff can allow work that does not affect the significance of the structure to go forward. Please include something in your application that requests an exemption from Ordinance #48 and we'll take care of it. Let me know any further questions. From: Scott Chism Sent: Monday, August 11, 2008 3:16 PM To: Jennifer Phelan; Jessica Garrow; Errin Evans; Amy Guthrie Subject: Yellowbrick Park: proposed picnic shelter Jennifer, Jessica, Errin, Amy- The Parks Department is proposing a picnic shelter structure at the Yellowbrick Park near the existing basketball court. The covered area would be 324.6 square feet. The maximum height of the structure will be approximately 12' from finish surface of concrete paving. We intend to submit for a building permit as soon as the structural drawing is complete. Is there anything from when the property transferred to City ownership that would preclude the creation of a small picnic shelter? Amy: Yellowbrick Park was developed in 2001. Does the Yellowbrick building have any landmark designation? Again, anything that would affect this proposed structure? I don't recall encountering anything when we developed the park, but I'm double checking. Scott Chism Parks Department 429-2029 ~. W Scott Chism City of Aspen Parks Department September 22nd, 2008 Ms. Jennifer Phelan City of Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Fax: (970) 920-5439 Re: Yellowbrick Pazk Shade Shelter Dear Jennifer, THE CITY OF ASPEN The City of Asp~h Parks Department seeks to develop a shade shelter at t)le Yellowbrick Park, adjacent to the Yellowbrick Building at 215 North Garmisch Street. Yellowbrick Park was developed in 2001 as part of a comprehensive parks and open space bond issue passed to build public park and recreational facilities. The proposed shade shelter is located at the existing slab of concrete located north adjacent to the basketball court within Yellowbrick Park. The location currently has a picnic table set for public use. The addition of the shade shelter will allow the existing picnic table and a possible second picnic table to be protected from sun and precipitation, making the picnic area more usable to the public. The proposed shade shelter will be constructed of weathering steel, similar to other small park structures like the ballfield backstops and portable toilia enclosures located around the Moore/Iselin and Rotary Playing Fields managed by the City of Aspen Parks Department. The shelter has a 318.4 s.f. roof area and is proposed to be a free standing, open sided structure within the pazk. The structure would not be attached to the existing Yellowbrick Building. The existing area that comprises Yellowbrick Park is 47,672 s.f, The space required for the shade shelter equates to 0.6% of the total ark azea, which is less than the 3% in overall coverage of structures on the land identified in Sec. 26.445.100 of the spen and Use Regulations. Also, t ~s propose saes a ter would be built within a public park at an existing area already designated as a picnic seating area, which is not a change in the use or character of the park. As a result of the relatively small size of the proposed structure within the park, the City of Aspen Parks Department is requesting an insubstantial PUD amendment and review by the Community Development Director in order to allow the submittal for a building permit. The Yellowbrick Building (former elementary school) and Park are located on Block 57, Lots A-S + the vacated alley, in the City and Township of Aspen. The parcel is a square block within the West End Neighborhood and is owned by the City of Aspen. A disclosure of ownership has not been included in this package, but documentation can be provided by the City Attorney proving City ownership of the Yellowbrick Building and,Park if necessary. 130 Sou're Gn~eNe STrsEeT ~ Asrev, Comanoo 8161k-1975 ~ PeoNe 970.920.5000 ~ Fax 970.920.5197 www. aspengo¢com Premed on Reryded Paper A 1"=20' scale site plan has been included in this package which reflects the built layout of Yellowbrick Park. A subsequent survey following construction of the park in 2001 has not been completed. The City of Aspen Parks Department is requesting a waiver to the submission of a park survey since the proposed structure will fit within existing paved areas within the park. Please contact me directly at 429-2029 with any questions or comments regarding this proposed project at Yellowbrick Park. Thank you for your time to review this submission. Sincerely, Scott Chism, LLA CO#222 Project Manager/Parks Planner City of Aspen Parks and Recreation Department AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070, ASPEN LAND USE CODE ADDRESS OF PROPERTY: 2 ~ I~f -(j anon sc~ Sr Aspen, CO STATE OF COLORADO ) ss. County of Pitkin ) I ~~~ .~iln Sc ~-e~ (name, please print) being or repre enting an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Signatu The foregoing "Affidavit of Notice" was acknowledged before me this t ~ day of ~\~o /~eF.l~lh~t/ > 200 8, by ~ ~r1c,211c. ~lr~-~~I WITNESS MY HAND AND~O~/FFICIAL SEAL My commission expires: D~ l `b (~ Notary Public ATTACHMENTS: COPY OF THE PUBLICATION i ~~~ MEYER pF coy-°`' My Commission Expires 0811012010 ~ slcmmA~" Pu~listte0 in tae Aspen Times Weakly on Novem oa~ia. zoos. (zsaseaa~ - OO792C~Q NOTICE OF APPROVAL For An Insubstantial Planned Unit Development (PUD) Amendment to the Yellow Brick School, Block 57, Lots A-S + the vacated alley, at 215 N. Garmisch St. Parcel ID No.2735-124-36-850 APPLICANT: City of Aspen, City Parks Department REPRESENTATIVE: Scott Chism. SUBJECT & SITE OF AMENDMENT: Insubstantial PUD Amendment for Block 57, Lots A-S + the vacated alley, commonly known as Yellow Brick School, at 215 N. Garmisch St., involving the installation of a park shade shelter. SUMMARY: The Applicant has requested an Insubstantial PUD Amendment relating to construction within the exterior space of the PUD lot, Yellowbrick Park. The request is to allow the installation of a 314.8 sq. ft. park shade shelter adjacent to the existing basketball courts. There is an existing concrete pad where the shelter will be located, therefore there will not be any ground breaking. All construction. will take place on top of the existing pad. The structure is to be constructed with weathering steel, similar to other pazk structures, such as the ball field backstops and portable toilet enclosures located azound the Moore/Iselin and Rotary Playing Fields. The height of the shelter ranges from a low at 9' to a peak at 12'. The park shelter will allow the existing picnic areas to be more usable by the public due to protection from sun and precipitation. In 1998 the City of Aspen purchased the Yellow Brick School. In 1999 the City Recreation Department applied to rezone the former school site from Medium Density Residential (R-6) to Public (PUB). This allowed for more flexibility and additional uses within the Yellow Brick School (i.e. child care centers and non-profit organizations). In 2000 City Council approved rezoning with Ordinance 2000.42. At the time, the shade shelter was in the approved PUD document; however the shelter was never installed. STAFF EVALUATION: Staff supports the proposed changes to the Yellow Brick School PUD. The changes will create a more user-friendly atmosphere in the picnic area and provide shelter from sun and precipitation, and was anticipated as part of the pazk in the 2000 PUD site plan. Also, the proposed structure meets the review criteria pursuant to Sec. 26.445.100 (Exhibit C) of the Aspen Land Use Code regarding Insubstantial PUD Amend e s. ~~~~ RECEPT{ONit: 554282, 11!13;2008 at NOS ~'3 208 11:40:58 AM, ~~,,~.~ 1 OF 5, R S26.00 Doc Code APPROVAL Janice K. Vas Caudif{. Pitkin County, CO Page loft ~ f .. ~ 0 0 7 9 r U ~,~ ;; Ordinance 48, 2007 regulates certain buildings of potential historic value. The Yellowbrick is one of the structures on the Ord. 48 list. Staff believes that this request does not harm the historical value of the Yellowbrick and Yellowbrick Pazk. DECISION: The Community Development Director finds the Insubstantial PUD Amendment to build the proposed structure as noted above and on Exhibit `A' and `B' to be consistent with the review criteria (Exhibit C) and thereby, APPROVES the amendment as specified below. The approved amendment to Yellowbrick Park, allows for the construction of a 318.4 sq. ft. picnic shade shelter on the existing concrete pad adjacent to the park's basketball courts. APPROVED BY: Chris Bendon Community Development Director Attachments: Exhibit A -Site Plan Exhibit B -Site Elevation Exhibit C - Review Standazds ~' ~--?~~ Date APPROVED OCT :' ~~ 2008 COMMUNITY DEVELOPMENT DIRECTOR CITY OF ASPEN ~ClVEp NOV 0 ~ 2008 Page 2of 2 ~S('~ ate. ~~ oo~s 20~~ A. A-.. a r rt rt ~~ I I I I IIP I ~~~' I.r a YELLOW BRICK PARK SHADE SHELTER §I. 4 N P~~ Aspan, Colorado L n r r D 3 Q ~~ ~ ~ a ~ ~, ~r ~ i SCOttChlSm THE CITY OF ASPEN City of Aspen Parks Department September 29th, 2008 Ms. Jennifer Phelan City of Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Fax: (970)920-5439 Re: Yellowbrick Park Shade Shelter Dear Jennifer, I've reviewed criteria #1-9 of Sec. 26.445.100.A of the Aspen Land Use Regulations and I believe the proposed Yellowbrick Park Shade Shelter does not meet any of the criteria # 1-9: 1. A change in the use or character of the development: The proposed project contributes to the public use of the existing public park use adjacent to the public uses of the building. The proposed project does not change the use or character of Yellowbrick Park. 2. An increase by greater than three percent (3%) in the overall coverage of structures on the land: The proposed project has a 318.4 s.f. roof area. The existing area that comprises Yellowbrick Park is 47,672 s.f. The space required for the shade shelter equates to 0.6% of the total park area, which is less than 3% of the park area. 3. Any amendment that substantially increases trip generation rates of the proposed development or the demand for public facilities. The addition of the proposed shade shelter at an existing picnic area within an existing public park will likely increase the public use of the picnic area. However, that use will likely result primarily from users already at the park. The intended purpose of the shade shelter is to increase the comfort of the existing picnic table area. Some use of the proposed shade shelter may result that is exclusive of other park uses, although it is unlikely that trip generation to Yellowbrick Park will substantially increase. 4. A reduction by greater than three percent (3%) of the approved open space. As stated above, the proposed project has a 318.4 s.f roof area within the park area of 47,672 s.f., which equates to 0.6% of the park area. The shade shelter is proposed to be a free standing, open sided structure within the park, unattached to the Yellowbrick Building. 5. A reductiott.by greater than one percent (1 %) of the off-street parking and loading space.• Off- street parking does not currently exist at the Yellowbrick Building or Yellowbrick Park. The proposed project has no effect to the existing off-street or on-street parking or loading space associated with the Yellowbrick Building or Park. 6. A reduction in required pavement widths or rights-of--way for streets and easements: The proposed project will be built in the middle of an existing park. No reduction to pavement, right-of--way or easements tivill occur 7. An increase of greater than two percent (2%) in the approved gross leasable floor area of commercial buildings: The proposed project does not increase the area of the Yellowbrick 13O SOUTH GAIENA STREET ~ ASPEV~COLORA00816~1-~9~5 ~ PHONE 97O.920.5000~ FA%970.92O.J197 www. a~pengo¢com PriNed nn Reryded Paper - ,-., Building by more than 2%. The shade shelter is not attached to the existing Yellowbrick Building and will not be leasable floor area. 8. An increase by greater than one percent (1 %) in the approved residential density of the development. The proposed project is not a residential use and the Yellowbrick Building does not have residential use, so therefore the residential density is not affected. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements: Yellowbrick Park was developed from a former asphalt play yard that was associated with the Yellowbrick Building when it was an elementary school. The proposed project is an enhancement to the existing public picnic area within the existing park. The project is not inconsistent with the public park use on the land. Per your request, a structure elevation and a structure section has been included in this submittal package. You have requested a $735.00 land use application fee. Generally, fees between city departments for the review of city projects are waived, which is why a payment was not included in the submittal package. I would request that the Community Development Department waive the $735 land use application fee, as the building permit application fee will be waived. Please contact me directly at 429-2029 with any questions or comments regarding this proposed project at Yellowbrick Park. Thanks again for your time to review this submission. Sincerely, C ~G~~ Chism, LLA CO#222 Project Manager/Parks Planner City of Aspen Parks and Recreation Department ~; DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. City of Aspen CitxParks Department 585 Cemeter~Lane Aspen CO 81611 (9701 920 - 5 120 Property Owner's Name, Mailing Address and telephone number Block 57 Lots A S + the vacated alley,. Cit~and Townsite of Asnen 215 N. Garmisch St, Yellow Brick School PUD Legal Description and Street Address of Subject Property Approval of an Insubstantial PUD Amendment request to install a nark shade shelter on an existine concrete pad adiacent to the Yellowbrick Pazk's basketball courts Written Description of the Site Specific Plan and/or Attachment Describing Plan Administrative Insubstantial PUD Amendment, October 30, 2008 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) November 16 2008 Effective Date of Development Order (Same as date of publication of notice of approval.) November 17 2011 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 16th day of November, 2008, by the City of Aspen Community Develonment Director. Chris Bendon, Community Development Director ,-,. ,~. NOTICE OF APPROVAL For An Insubstantial Planned Unit Development (PUD) Amendment to the Yellow Brick School, Block 57, Lots A-S + the vacated alley, at 215 N. Garmisch St. Parcel ID No. 2735-124-36-850 APPLICANT: City of Aspen, City Parks REPRESENTATIVE: Scott Chism. SUBJECT & SITE OF AMENDMENT: Insubstantial PUD Amendment for Block 57, Lots A-S + the vacated alley, commonly known as Yellow Brick School, at 215 N. Garmisch St., involving the installation of a park shade shelter. SUMMARY: The Applicant has requested an Insubstantial PUD Amendment relating to construction within the exterior space of the PUD lot, Yellowbrick Park. The request is to allow the installation of a 314.8 sq. ft. park shade shelter adjacent to the existing basketball courts. There is an existing concrete pad where the shelter will be located, therefore there will not be any ground breaking. All construction will take place on top of the existing pad. The structure is to be constructed with weathering steel, similar to other park structures, such as the ball field backstops and portable toilet enclosures located around the Moore/Iselin and Rotary Playing Fields. The height of the shelter ranges from a low at 9' to a peak at 12'. The park shelter will allow the existing picnic areas to be more usable by the public due to protection from sun and precipitation. In 1998 the City of Aspen purchased the Yellow Brick School. In 1999 the City Recreation Department applied to rezone the former school site from Medium Density Residential (R-6) to Public (PUB). This allowed for more flexibility and additional uses within the Yellow Brick School (i.e. child care centers and non-profit organizations). In 2000 City Council approved rezoning with Ordinance 2000.42. At the time, the shade shelter was in the approved PUD document; however the shelter was never installed. STAFF EVALUATION: Staff supports the proposed changes to the Yellow Brick School PUD. The changes will create a more user-friendly atmosphere in the picnic area and provide shelter from sun and precipitation, and was anticipated as part of the park in the 2000 PUD site plan. Also, the proposed structure meets the review criteria pursuant to Sec. 26.445.100 (Exhibit C) of the Aspen Land Use Code regarding Insubstantial PUD Amendments. Page loft Ordinance 48, 2007 regulates certain buildings of potential historic value. The Yellowbrick is one of the structures on the Ord. 48 list. Staff believes that this request does not harm the historical value of the Yellowbrick and Yellowbrick Pazk. DECISION: The Community Development Director finds the Insubstantial PUD Amendment to build the proposed structure as noted above and on Exhibit `A' and `B' to be consistent with the review criteria (Exhibit C) and thereby, APPROVES the amendment as specified below. The approved amendment to Yellowbrick Park, allows for the construction of a 318.4 sq. ft. picnic shade shelter on the existing concrete pad adjacent to the park's basketball courts. APPROVED BY: Chris Bendon Date Community Development Director Attachments: Exhibit A -Site Plan Exhibit B -Site Elevation Exhibit C - Review Standazds Exhibit D - Application v _~o. og Page 2of 2 ~._ ~ ~ 33 ~ ... ope~o~o~'uetlay ~~~g€~ 213113HS 34`dHS ~~ )IZl~dd ~i~RlB MOll3A Q J J Q i ~-, ~~ €~ 1 ~6~~~~~~~~~ ~ 1 ~~~~~~~~~~ o~ IWI I w Y ~ N i'~ r,: Y ll L J n J ~~ ~ ~~ ~ ~ ~ b p ®~~~~FS~ U ~O~ ...,, ' ~ opa~oloyua0ay 213113H5 3aVH5 N21b'd ~~IZIB MO~l3A I~~ .~. ~~ Tip JJJ ~~ , M ~ ~O~~~~~~~ a t ~' f ~ ~ i-I I I I I I I I I + I s ~:3 - --~` i ~ --~ i i 0 x~ s ~~ P ~~~ n . -~ 4 r '. Exhibit C Review Criteria and Staff Findings PUD Insubstantial Amendments: Sec. 26.445.100.A 1. A change in the use or character of the development. The proposed project does not change the use or chazacter of Yellowbrick Park. It contributes to the existing public use adjacent to the Yellow Brick School public uses. 2. An increase by greater than three (3) percent in the overall coverage of structures on the land. The shade shelter comprises a total of 318.4 sq. ft. Yellowbrick Pazk has a total of 46,672 sq. ft. The shade shelter will only account for a change of 0.6% to overall coverage. 3. Any amendment that substantially increases trip generation rates of the proposed development or the demand for public facilities. The shelter will likely not increase trip generation to the park; however it is likely that the usage of the picnic area will increase my users that are already present. It is unlikely that trip generation will substantially increase. 4. A reduction by greater than three (3) percent of the approved open space. Open space is not reduced by this proposal. 5. A reduction by greater than one (1) percent of the off-street parking and loading space. There is currently no off-street parking at Yellowbrick Park, so there is no impact. 6. A reduction in required pavement widths or rights-of--way for streets and easements. The shade shelter is in the middle of the pazk. No adjustments will be made to pavement widths or rights-of way. 7. An increase of greater than hvo (2) percent in the approved gross leasable floor area of commercial buildings. The shelter is not attached to the Yellowbrick School and will not contain leasable floor azea. No change in gross leasable floor area. 8. An increase by greater than one (1) percent in the approved residential density of the development. The proposed project will not have a residential use and the Yellowbrick School building has no residential use, so no effect. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. Yellowbrick Park was initially an asphalt play yard. This projects serves as an enhancement to the to the existing public picnic area, and has no inconsistencies. Page Sof 2 ,~ ~, Jennifer Phelan From: Jennifer Phelan Sent: Friday, September 26, 2008 11:56 AM To: Scott Chism Subject: RE: yellow Brick Scott: Sorry in my delay getting back to you but I had a couple of questions to resolve prior responding to your email. I do need some additional information for the application. I need: 1) Elevations of the gazebo. Only a site plan was included. 2) Aland use application fee of $735.00 3) Responses to the specific review criteria for an Insubstantial PUD. You touched on them in a cover letter. Please respond to the individual criteria. J f~helan, AICP Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.asoenpitkin.com From: Scott Chism Sent: Thursday, September 25, 2008 1:57 PM To: Jennifer Phelan Subject: Jennifer- This is the extent of the written text associated with this project submittal besides the actual application and drawing. Let me know if anything else is necessary for the review. Scott Chism Parks Department 429-2029 • o ;~~ ` ~~ ~~ ~ ~3 ;~ a. ~ . ~Y~ V~_ kF a r}. \\ ._~ _ 1\ ~ a yy~ ~ , `~. I~ $•) ~I' ~t~ l d `; •~~f `a c ` ~rM l c i'f~~ e. `~ :~ z~ ~~... ~' \~~,, '~~~ ~~ -,~,~ ~~ ~ •~.k ~ ;~-~~ r J { ~ ~y ]1 1 y ~~~ ~ `. ~~ ~~ ~'~, ~~ o ~.~~ ~h ~~ ,~ >>~ -°~`~ . ~~~ ~4 `l \~il `\ ` ~, 1 ~ ' ` ~,\~ ~~ ~ 0 n ~~ ~~ ~ ~~ "" -d ~- U ~ ~ ~~ ~ ~ oo~s2ooe g r-- - - ~. i i ~~-- - V ~A~ ~' `'S P ~ ~----- r ---„ ~.~ 1 ,~~ L'1jL~D1`~k' it {~}~~~. y~Nyj 'IVr < ~~~~ T~ ~ i~ ~~ r ~~"~~ r~~l ~~ ~ ~~ ~ ~~, ~~ ~4 ~ '^~ ~~ ~ _._ 4 ___ _-_ ~, ' ____ LQR'll°.. _ ~ S ` ~ ~~. ~ ~ ~ ~ p~p ~~ ~ S! a w m It! V ~, WS,F'Fr~s ~f 1!S.!)!~ -JEA4RTN~~~ r mp 11" ~~~~~~~~~I~ I W I ZA ~I j~sl YELLOW BRICK PARK e RHAl1F CWFI TFI? AapOn, Colando € I$~~ ~~~ ~~ ~~ oo~s Zoos C Exhibit C Review Criteria and Staff Findings PUD Insubstantial Amendments: Sec. 26.445.100.A 1. A change in the use or character of the development. The proposed project does not change the use or character of Yellowbrick Pazk. It contributes to the existing public use adjacent to the Yellow Brick School public uses. 2. An increase by greater than three (3) percent in the overall coverage of structures on the land. The shade shelter comprises a total of 318.4 sq. ft. Yellowbrick Park has a total of 46,672 sq. ft. The shade shelter will only account for a change of 0.6% to overall coverage. 3. Any amendment that substantially increases trip generation rates of the proposed development or the demand for public facilities. The shelter will likely not increase trip generation to the pazk; however it is likely that the usage of the picnic azea will increase ~ty users that are already present. It is unlikely that trip generation will substantially increase. 4. A reduction by greater than three (3) percent of the approved open space. Open space is not reduced by this proposal. S. A reduction by greater than one (1) percent of the off-street parking and loading space. There is currently no off-street parking at Yellowbrick Park, so there is no impact. 6. A reduction in required pavement widths or rights-of--way for streets and easements. The shade shelter is in the middle of the park. No adjustments will be made to pavement widths or rights-of way. 7. An increase of greater than two (2) percent in the approved gross leasable floor area of commercial buildings. The shelter is not attached to the Yellowbrick School and will not contain leasable floor azea. No change in gross leasable floor azea. 8. An increase by greater than one (1) percent in the approved residential density of the development. The proposed project will not have a residential use and the Yellowbrick School building has no residential use, so no effect. 9. Any change which is inconsistent with a condition or representation oft, ~r,~~` original approval or which requires granting a variation from the project ~ a f1~7 use or dimensional requirements. Yellowbrick Park was initially an asphalt play yard. This projects serve~l~ ~t3 ZQ08 enhancement to the to the existing public picnic area, and has no inconsistencies.~;~~ ;PJEPRR'ffl~Ep~ Page Sof~ f r ' ._-'--~ _, ,~ ',~, . ~ / ~~ ~ G°; <~na M:UL~ry Trail ~I~ _ ~,., , ~ \' t ~'~-=' l ter ~p ~`~ a\ ' l \\\' ~ (`-1 Hun 5 ® ! 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