HomeMy WebLinkAboutcoa.lu.sp.Theatre Aspen Rio Grande Park.0007.20110007.2011.ASLU RIO GRANDE PARK
SPA AMENDMENT
2737 07 306 851 ,
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THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER
PARCEL ID NUMBER
PROJECTS ADDRESS
PLANNER
0007.2011.ASLU
2737 07 306 851
RIO GRANDE PARK
JESS GARROW
CASE DESCRIPTION SPA AMENDMENT FOR NEW TENT AND ENTRY AREA
REPRESENTATIVE
DATE OF FINAL ACTION
THEATHRE ASPEN
5.23.11
CLOSED BY ANGELA SCOREY ON: 8.12.11
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.
Property Owner's Name, Mailing Address and Telephone Number
Property is owned by City of Aspen, 130 S Galena Street, 970.920.5212
Property is leased to Theatre Aspen, 110 E Hallam St, Suite 103, Aspen, CO 81611, 970.925.9313
Legal Description and Street Address of Subject Property
Lot 1, Rio Grande Subdivision, Aspen, CO
Written Description of the Site Specific Plan and/or Attachment Describing Plan
Insubstantial Amendment to the approved Specially Planned Area plan and a Stream Margin Exemption.
Approval grants the ability to construct a three (3) temporary trailers, temporary restrooms, and a
trash/recycle enclosure area.
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
Administrative approval by the Community Development Director for an Insubstantial Amendment to the
Rio Grande Specially Planned Area and Stream Margin Exemption, issued on May 19, 2011.
Effective Date of Development Order (Same as date of publication of notice of approval.)
May 29, 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.)
May 29, 2014
Issued this 29th oay of May, 2011, by the City of Aspen Community Development Director.
Chris Bend —on, Community Development Director
je-s5
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306
ASPEN LAND USE CODE
ADDRESS OF PROPERTY:y�SGv—
Aspen, CO
STATE OF COLORADO )
) ss.
County of Pitkin )
1, -- Sc (name, please print)
being or repr senting 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 at least 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.
t_d- SG
Signature
The foregoing "Affidavit of Notice" was acknowledged before me this 2' day
ofTi..e r_ , 20LL, by
WITNESS MY HAND AND OFFICIAL SEAL
PPm. 0", TICS
My commission expires: -.�L�
DEVELOPMENT APPROVAL
Notice is hereby given t0 the general public of the
approval of a sae specific development plan, and
the creation of a vested prop," pursuant to
the Land Use Code of the City Aspen
%� J
of iA and Title
24, Article 68, Colorado Revised Statutes,
pertaining to the following legally described
property: Lot 1, Rio Grande Subdivision, Aspen,
Notary Public
CO, the property commonly known as Theatre
Aspen by order 01 the City of Aspen Community
Development Department on May 19, 2011. The
Applicant received approval for an SPA
Amendment and Stream Margin Review for three
trailers, a trash/recycle enclosure, and temporary
restrooms. For
ATTACHMENTS:
further information contact Jessica
Garrow, at the City of As Community
Development Dept. 130 S. Galena St, Aspen, Colo-
COPY OF THE PUBLICATION
rado (970) 429-2780.
s/ City of Aspen
Published in The Aspen Times Weekly on May 29,
2011. [6562719]
NOTICE OF APPROVAL
For Insubstantial SPA Amendment and an Exemption to Stream Margin at Theatre Aspen,
Legally Described as a portion of Lot 1, Rio Grande Subdivision, Aspen, CO
Parcel ID No. 2737-073-06-851
APPLICANT: Theatre Aspen, 110 E Hallam St, Suite 103, Aspen, CO 81611
OWNER: City of Aspen, 130 S Galena St, Aspen, CO 81611
SUBJECT & SITE OF AMENDMENT: Amendment to a SPA and an Exemption from Stream
Margin Review for a portion of Lot 1 Rio Grande Subdivision and SPA, commonly known as Theatre
Aspen or Theatre in the Park, involving addition of three (3) temporary trailers, temporary restroom
facilities, and a trash/recycling enclosure. The applicant is requesting an Insubstantial SPA Amendment,
pursuant to Land Use Code Section 26.440.090.A, and an Exemption to Stream Margin Review,
pursuant to Land Use Code Section 26.435.040.B.3.
SUMMARY: The Applicant received an Insubstantial SPA Amendment and an Exemption to Stream
Margin in order to replace the temporary theatre tent, temporary entrance tent, and ancillary structures,
recorded on March 3, 2011 at Reception Number 578042. The Applicant is interested in amending that
approval to include additional temporary trailers, temporary restrooms, and a trash/recycling enclosure
area.
STAFF EVALUATION: Staff finds that the request meets the requirements of an Insubstantial SPA
Amendment and an Exemption to Stream Margin. The site plan attached to this approval indicates the
items approved. Any other items on that plan are not included as part of this approval.
DECISION:
The Community Development Director finds the request to add three (3) temporary trailers,
temporary restrooms, and a trash/recycling enclose area as noted above and in Exhibit `A' is
consistent with the review criteria and thereby, APPROVES the exemption as specified below.
1. The applicant and property owner must abide by all conditions in Ordinance 24, series of
1995, and in the approval recorded at Reception Number 578042.
2. The outline on the site plan attached as Exhibit A represents the area that is approved
under this approval.
7LAPP40 VEDED BY:
Chris Ben on
Community Development Director
H&I 161
Date
Attachments: RECEPTION#: 580676, 06/22/2011 at
Exhibit A — Approved Site Plan 09:30:44 AM,
1 OF 2, R $16.00 Doc Code APPROVAL
Janice K. Vos Caudill, Pitkin County, CO
pg. 1
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Jessica Garrow
From:
Will Young <willy@cunniffe.com>
Sent:
Thursday, May 19, 2011 10:11 AM
To:
Jessica Garrow
Subject:
Theartre Aspen
Attachments:
0831 _A 11. pdf
Jessica,
Attached is our current site plan showing 3 trailers, trash enclosure and portable toilets. Per our earlier conversation we
would like to update our minor SPA to show the attached. Please give me a call if you have any questions.
Thanks,
Will Young
Will Young I Senior Project Architect
Charles Cunniffe Architects
610 East Hyman Avenue
Aspen, Colorado 81611
Tel: 970,925.5590
Fax: 970.925.5076
willyQcunniffe.com
www.cunniffe.corn
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AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306
ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
Aspen, CO
STATE OF COLORADO )
) SS.
County of Pitkin )
1,� p�/'l C (name, please print)
being or reliresenting 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 at least 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.
Signature
The foregoing "Affidavit of Notice" was acknowledged before me this day
of 20_" by
P 1�841Tj"Of
I
VAL
Notice is hereDE g0ivPeMn t0 he ge Real public of the
approval of a site specific development plan, and
the creation of a vested property right pursuant to
the Land Use Code of the City of Aspen and Title
24, Article 68, Colorado Revised Statutes,
pertaining to the following legally tlescribed
property: Lot 1, Rio Grande Subdivision, Aspen
CO, the property commonly known as Theatre
Aspen by ortier of the City of An
Community Development Department on May 25. 201'0 The Applicant received approval for an SPA Amend-
ment and Stream Margin Review fora new The-
atre Tent, Lobby Tent, and anct Jes illary structures. Fa
City of Aspen Communifurther in nitration ty Developmentsica rDeptow ati30
S. Galena St, Aspen, Colorado (970) 429-2780
sr City of Aspen
Published in the Aspen 2011. [6241069] Times Weak/y on March 6.
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: *11:
Y
otary Public �n
a , JACK: =
LOTH' •
ATTACHMENTS:
COPY OF THE PUBLICATION E or ��;�;
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.
Property Owner's Name, Mailing Address and Telephone Number
Property is owned by City of Aspen, 130 S Galena Street, 970.920.5212
Property is leased to Theatre Aspen, 110 E Hallam St, Suite 103, Aspen, CO 81611, 970.925.9313
Legal Description and Street Address of Subject Property
Lot 1, Rio Grande Subdivision, Aspen, CO
Written Description of the Site Specific Plan and/or Attachment Describing Plan
Insubstantial Amendment to the approved Specially Planned Area plan and a Stream Margin Exemption.
Approval grants the ability to construct a new tent and ancillary structures.
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
Administrative approval by the Community Development Director for an Insubstantial Amendment to the
Rio Grande Specially Planned Area and Stream Margin Exemption, issued on March 3, 2011.
Effective Date of Development Order (Same as date of publication of notice of approval.)
March 6, 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.)
March 6, 2014
Issued tWs 41h day ofAlarch, 2011, by the City of Aspen Community Development Director.
Chris Bendon, community Development Director
NOTICE OF APPROVAL
For Insubstantial SPA Amendment and an Exemption to Stream Margin at Theatre Aspen,
Legally Described as a portion of Lot 1, Rio Grande Subdivision, Aspen, CO
Parcel ID No. 2737-073-06-851
APPLICANT: Theatre Aspen, 110 E Hallam St, Suite 103, Aspen, CO 81611
OWNER: City of Aspen, 130 S Galena St, Aspen, CO 81611
SUBJECT & SITE OF AMENDMENT: Amendment to a SPA and an Exemption from
Stream Margin Review for a portion of Lot 1 Rio Grande Subdivision and SPA, commonly
known as Theatre Aspen or Theatre in the Park, involving the replacement of an existing
temporary theatre tent, temporary entrance tent, and ancillary structures. The applicant is
requesting an Insubstantial SPA Amendment, pursuant to Land Use Code Section 26.440.090.A,
and an Exemption to Stream Margin Review, pursuant to Land Use Code Section
26.435.040.B.3.
SUMMARY: The Applicant has requested an Insubstantial SPA Amendment and an Exemption
to Stream Margin in order to replace the temporary theatre tent, temporary entrance tent, and
ancillary structures. Theatre Aspen has maintained a seasonal tented performance venue at Rio
Grande Park since 1989, when a first "circus" tent was erected. Theatre Aspen was established
by Kent Reed in 1983 and moved to Rio Grande Park in 1989 when Pat Fallin and Carol
Loewenstein managed the organization. A few years later, approximately in 1993, funds were
raised to purchase the tent that has been in place in the park since 1995.
The current tent has existed at Rio Grande Park under the terms of Ordinance 24, Series of 1995.
Under the terms of the Ordinance, the tent may be erected in mid -May and must be removed by
mid -September of each year. Theatre Aspen has been using the same tent since the original
approval in 1995. In addition, Theatre Aspen has used a temporary tent to house lobby and
concessions, and has a number of ancillary structures that support the theatre operation.
STAFF EVALUATION: Staff finds that the request meets the requirements of an Insubstantial
SPA Amendment and an Exemption to Stream Margin. The proposal will decrease the height of
the tent from 24 feet and 2 1/4 inches to 21 feet and 11 inches. The replacement tent and
replacement lobby area will be substantially the same size as what they are replacing. Both will
continue to be temporary structures that are erected no earlier than mid -May and taken down no
later than mid -September each year. While the materials of the lobby area are proposed to be
metal and glass, these are able to be disassembled each year. The proposal will re -orient the
entrance to the tent and lobby area and the back of house area.
While future improvements to the park are planned by the Parks Department, they are not
included as part of this approval. This includes any new deck space, stormwater improvements,
and a new bridge.
RECEPTION#: 578042, 03/103/2011 at
09:58:47 AM, pg. 1
1 OF 3, R $21.00 Doc Code APPROVAL
Janice K. Vos Caudill, Pitkin County, CO
DECISION:
The Community Development Director finds the request to replace the tent and lobby
structures and re -orient the entrance to the tent as noted above and in Exhibit `B' is
consistent with the review criteria (Exhibit B) and thereby, APPROVES the exemption as
specified below.
1. The applicant and property owner must abide by all conditions in Ordinance 24,
series of 1995. The tent and lobby area shall be erected no earlier than mid May
and taken down no later than mid September each year.
2. The outline on the site plan attached as Exhibit A represents the area that is
approved under this approval.
3. All the improvements shall comply with the Urban Runoff Management Plan. In
addition, the applicant shall work with the Engineering Department regarding the
possible use of permeable paving materials or other alternative materials.
4. The applicant is required to work closely with the Parks and Engineering
Departments to coordinate the use of specific access points during the interim
period when the new temporary theatre and lobby structures are completed and
prior to City enhancements to the sanctuary and adjacent trails. Current access will
be accomplished on the trail between Rio Grande Park and Skate Park until such
time an alternate trail access is designed and constructed. This will require a vehicle
to have access around the side of the new theatre structure to reach the new service
area.
5. Sufficient access will require the redesign and construction of the trail located off of
Mill Street so that it is capable of handling vehicular and pedestrian traffic,
minimizing conflicts between vehicular and pedestrian traffic, appropriate curb cut,
traffic control signs, etc.
6. The applicant shall comply with all food service and noise requirements of the
Environmental Health Department.
APP)VED B
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Community Development Director
Attachments:
Exhibit A — Approved Site Plan
Exhibit B - Review Standards
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SPA AMEND. 2-11
JOB NO, 0831
SHEET NO.
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Exhibit B
Sec. 26.435.040. Stream margin review.
B. Exemptions.
3. The expansion, remodeling or reconstruction of an existing development provided the
following standards are met:
a. 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
The proposal is to maintain the existing footprint of the tent, and to re -organize the
location of the lobby and ancillary structures. The re -orientation of these on the site
will not increase the floor area by more than 10%. Stafffinds this criterion is met.
b. 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.
The proposal does not require the removal of a tree or which a permit is required.
Staff finds this criterion is met.
c. 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;
The proposal is to utilize the same space that is currently disturbed by development.
None of the changes will be located closer to the high water line. The Parks
Department is interested in working with Theatre Aspen on Stormwater
Improvements, including filling existing basins, constructing a bridge, and provide a
deck connection from the Theater area to John Denver Sanctuary. These
improvements are NOT part of this approval. This approval only applies to the
theater tent, lobby structure, and ancillary buildings, as outlined in Exhibit B. Staff
finds this criterion is met.
d. The development does not fall outside of an approved building envelope if one has
been designated through a prior review; and
There are no approved building envelopes for this parcel. This criterion is not
applicable.
e. The expansion, remodeling or reconstruction will cause no increase to the amount of
ground coverage of structures within the 100-year flood plan.
pg. 3
The proposal does not increase the amount of ground coverage of structures within
the 100 year flood plain. Stafffinds this criterion is met.
See. 26.440.090.Amendment to development order.
A. An insubstantial amendment to an approved development order for a final development plan
may be authorized by the Community Development Director. The following shall not be
considered an insubstantial amendment:
1. A change in the use or character of the development.
The proposal is consistent with the existing and approved character of the park. The
proposal will utilize the same space that is currently used for the Theatre operation,
but in a slightly re -configured manner. The Theatre and the Parks Department are
working together to coordinate improvements to the area. Stafffinds this criterion is
met.
2. An increase by greater than three percent (3%) in the overall coverage of structures on
the land.
The proposal will not increase the overall coverage of structures on the land by more
than 3%. Stafffinds this criterion is met.
3. Any amendment that substantially increases trip generation rates of the proposed
development or the demand for public facilities.
The proposal will not increase the size of the theater, and is not expected to increase
trip generation. Because of the location in a park, attendees must walk or ride their
bikes to the venue. Stafffinds this criterion is met.
4. A reduction by greater than three percent (3%) of the approved open space.
The proposal will not decrease the amount of open space by more than 3%. Stafffinds
this criterion is met.
5. A reduction by greater than one percent (1 %) of the off-street parking and loading space.
The proposal does not impact off-street parking. In addition, the re -configuration of
the space will create a simpler method of getting materials to the tent. All
improvements to facilitate this will be coordinated with the City Parks and
Engineering Departments. Stafffinds this criterion is met.
6. A reduction in required pavement widths or rights -of -way for streets and easements.
The proposal does not impact rights -of -ways or easements. Stafffinds this criterion is
met.
M
7. An increase of greater than two percent (2%) in the approved gross leasable floor area of
commercial buildings.
The proposal has no impact on commercial leasable floor area. The Theatre is
considered an Essential Public Facility. Stafffinds this criterion is met.
8. An increase by greater than one percent (1 %) in the approved residential density of the
development.
There are no residential units on the property. Staff finds this criterion is not
applicable.
9. Any change which is inconsistent with a condition or representation of the project's
original approval or which requires granting of a further variation from the project's
approved use or dimensional requirements.
The proposal is consistent with the previous approvals. In addition, the applicant has
worked with the City to arrange a formal long-term lease of the property. This
application is in conformance with the lease terms. Stafffinds this criterion is met.
pg. 5
MEMORANDUM
TO: Mayor and Council
FROM: Stephen Ellsperman, Director of Parks and Open Space
Jeff Woods, Manager Parks and Recreation
CC: Tricia Aragon, City Engineer
April Long, Storm Water Manager
Scott Chism, Parks Planner
DATE OF MEMO: February15, 2011
MEETING DATE: February22, 2011
RE: Rio Grande Park Storm Water Ponds Improvement
SUMMARY: At this time we are requesting you to approve environmental enhancements to the storm
water ponds including constructed wetlands proposed at Rio Grande Park in association with planned
improvements by Theatre Aspen in 2011. This request includes the phased funding for improvements,
including $200,000 for Phase 1 as outlined in this memorandum.
PREVIOUS COUNCIL ACTION The last Council Action specific to Rio Grande Park was the
authorization to approve a renewable 10-year lease agreement between the City of Aspen and Theatre
Aspen that occurred at a January 3, 2011 work session. During that work session City Council directed
staff to develop an improved solution to the storm water ponds at Rio Grande Park that would
complement the John Denver Sanctuary and planned Theatre Aspen tent improvements. City Council
also reviewed proposed storm water improvements to Rio Grande Park at a July 7, 2003 work session
and May 4, 2004 work session. During both work sessions, City Council determined that the
development of storm water environmental improvements at Rio Grande Park and Jennie Adair
Wetlands were worthwhile to pursue.
BACKGROUND: The City of Aspen has made a strong commitment to environmental initiatives,
including managing storm water. City Council has directed staff to implement long-term solutions to
ensure that the community is responsible for clean storm water discharge into the Roaring Fork
Watershed. An equally important goal is to enhance the ecological integrity of areas where stormwater
improvements are proposed.
Storm water from the central core of the city and Aspen Mountain currently discharges into the Roaring
Fork River from three major drainages. One of the three drainages (`East Drainage') flows from the
street gutters and into Rio Grande Park near the Rio Grande Recycle Center before reaching the river.
Another of the three drainages (`Central Drainage') flows under Mill Street to directly discharge into the
river. The third major drainage (`West Drainage') flows into the Jennie Adair Wetlands to allow for
water quality enhancement and flood control before discharging into the river.
Page 1 of 4
The existing basins at Rio Grande Park that comprise the basic outfall of the East Drainage do not
function adequately to mitigate storm water flow to the river but have tremendous potential to improve
water quality (Attachment A).
DISCUSSION: Rio Grande Park is a truly special park within the greater Aspen parks and open space
system. It is one of the largest open green spaces within city limits along the Roaring Fork River and is
the location for a wide variety of passive and active recreational opportunities. Much of the recreational
use of Rio Grande Park is already programmed: Primary uses include a rugby/soccer field that exists in
the southwest corner of the park, the popular skateboard park in the southeast corner of the park, and the
spiritual John Denver Sanctuary area in the northern region of the park. Theatre Aspen utilizes a central
space in the park for a tent structure that is erected approximately 4 months annually for the purposes of
theatre performances. The Rio Grande Recycle Center is also located within the limits of Rio Grande
Park (Attachment A).
With the planned and privately funded redevelopment of the Theatre Aspen site, an opportunity exists to
pursue the vision of enhanced park beauty and storm water improvements at Rio Grande Park within the
John Denver Sanctuary. The John Denver Sanctuary officially became a `Specially Designated Space'
by public vote in 2001, which protects and solidifies the sanctuary's passive park characteristics. The
design and intent for the John Denver Sanctuary includes the Theatre Aspen Tent as an important
component to the space, restoration of wetlands and habitat enhancements, improvements to storm water
quality systems, and other improvements designed to be consistent with the original design of the
Sanctuary that was connected to John Denver's legacy (Attachment B). The proposed improvements
would have a similar design character to what was created at the Jennie Adair Wetlands. A new
sequence of storm water wetland ponds within the John Denver Sanctuary would function as both a filter
to cleanse storm water before it reaches the Roaring Fork River and as a recreational hub with improved
park beauty (Attachment Q. The proposed improvements would occur in fall 2011 and spring/summer
2012 to work around Theatre Aspen seasons and accommodate funding availability (Attachment D).
A major outcome goal for Rio Grande Park is the improvement of pedestrian access to the river and
overall improvement to the pedestrian experience throughout the park. Staff at the Parks Department
and Engineering Department led a park and storm water master planning effort that occurred in 2003-
2004 to plan for future integrated storm water infrastructure into the greater Rio Grande Park
environment and nearby Jennie Adair Wetlands/Stormwater Project. That planning effort led to
numerous exciting design innovations that had development potential in Rio Grande Park and were
implemented at the Jennie Adair Wetlands in 2006. Funding for the scale of park and storm water
improvements envisioned in 2004-2006 at Rio Grande Park has not been available. Smaller scale
incremental funding has provided a storm water `interceptor vault' installation at the Rio Grande
Recycle Center in 2005 and a renovation of the recycle center itself in 2010.
The positive environmental influences to water quality, wildlife habitat, and improvements to the John
Denver Sanctuary and Rio Grande Park align this proposed project with the multiple stated
environmental goals of the overall community and City Council's goals related to environmental
stewardship. Projects that have been completed with these same goals such as the Maroon Creek
Wetlands and the Jennie Adair Wetlands/Stormwater Project have been successful in achieving the same
goals stated and have made the community a model for these stewardship activities. Proof of the
positive influences these projects have had on the ecology of these sites comes in continuously. This
Page 2 of 4
month staff received important documentation from the Aspen Center for Environmental Studies that the
ecological enhancments made to the area surrounding Hallam Lake (Jennie Adair Wetlands) have
improved wildlife habitat and water quality so much that new keystone species are beginning to be
sighted on the property.
Staff have developed a plan (refer Attachment C) that will meet the goal of improving pedestrian access
to the river, increase passive recreational opportunities, and significantly improve the function and
aesthetics of storm water conveyance of the `East Drainage' through Rio Grande Park.
FINANCIAL IMPLICATIONS: In order to fund the proposed improvements, staff has worked
together collaboratively to find the most appropriate sources of funding and bring them together to
complete the project. The proposed funding for the project will be sourced from both the Parks and
Open Space Fund (100 Fund) and the Stormwater Fund (160 Fund). All project elements are closely
intertwined with the individual missions of these two funds and by combining funding sources, the
project can be viable. In addition, staff has been proactive in the design and proposed implementation,
and will utilize in-house planning, design, and construction teams to accomplish the bulk of the project.
A project budget has been crafted that is very cognizant of current fund balances and provides significant
project savings from the once estimated price tag of over $3 million (2004-2005) for the Rio Grande
Park Master Plan. This approach is the same that was utilized on the recently completed Rio Grande
Recycle Center, which has become an award winning facility that was constructed and budgeted in much
the same way as this project is proposed. Both the Parks and Open Space Fund (100 Fund) and the
Stormwater Fund (160 Fund) are financially healthy. Utilization of the proposed funding does not
degrade fund balances significantly, leaving funding for future projects and initiatives.
The specific funding breakdown for the Rio Grande Park Storm Water Improvements Project includes
the following financial breakdown and phasing (Attachment E):
Phase 1 East Drainage-2011- $200,000
• Parks and Open Space Fund (100 Fund) = $100,000
• Stormwater Fund (160 Fund) = $100,000
Phase 2 Central Drainage (Mill St.) — 2012- $300,000
• Parks and Open Space Fund (100 Fund) = $100,000
• Stormwater Fund (160 Fund) = $250,000
Total 2011-2012 Funding Allocation = $550,000
ENVIRONMENTAL IMPLICATIONS: The environmental implications of this project are
significant. The development of this project will have multiple environmental benefits including:
• Significant cleansing of major amounts of storm water through the park;
• Establishment and restoration of critical riparian and wetland habitat along an impacted
section of the Roaring Fork River corridor;
• Provision of storm water retention
• Important environmental education opportunities
Page 3 of 4
RECOMMENDATION: Staff suggests City Council recommendation for staff to proceed with
proposed redevelopment plans to improve and enhance the configuration of storm water ponds at Rio
Grande Park within the John Denver Sanctuary in association with planned improvements by Theatre
Aspen in Rio Grande Park for 2011.
ALTERNATIVES: Council could choose not to provide direction to staff to proceed with proposed
storm water improvements at Rio Grande Park in 2011. Some efficiencies of construction would likely
be lost as the Theatre Aspen tent reconstruction project proceeds this spring and improvement to the
storm water quality discharge into the river would not occur.
CITY MANAGER COMMENTS:
ATTACHMENTS:
A. Rio Grande Park/John Denver Sanctuary Existing Conditions Aerial Photograph
B. John Denver Sanctuary Design Plan July 1998
C. Rio Grande Park Master Plan February 2011
D. Theatre Aspen Proposed Sketch (2)
E. Rio Grande Park Stormwater Improvements Phasing Plan
Page 4 of 4
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Attachment A
Jessica Garrow
From: Will Young [willy@cunniffe.com]
Sent: Friday, February 18, 2011 10:06 AM
To: Jessica Garrow
Subject: RE: Letter from Stephen Ellsperman attached
Attachments: theater aspen view across bridge.jpg
Jessica,
The existing tent which we would replace is 24'-2 3/<" high.
The new tent will be 21'-11", this will also be the height of the entry area which we have redesigned, see attached
sketches. Theatre Aspen wanted a rain proof enclosure, it is designed such that it could be dis-assembled. Let me know if
you have any further questions or concerns.
Thanks,
1M
Will Young I Senior Project Architect
Charles Cunniffe Architects
n (i East Hyman Avenue
Aspen, Colorado 81611
Tel: 9 70.925.5590
Fax: 970.925.5076
wills®cunniffe.com
wwvv.c unniffe.corn
Al`I !NST ITI!Tf :7)F % ,I,-. HIT'. i_ T .r.�' ��.�' �' :%ni i FI0T,A i � `0
From: Jessica Garrow[mailto:Jessica.Garrow@ci.aspen.co.us]
Sent: Wednesday, February 16, 2011 4:08 PM
To: Will Young
Subject: RE: Letter from Stephen Ellsperman attached
Hi Will —
That is fine. I can't issue an approval until the dimensions are all figured out.
Jessica
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Memorandum
Date: February 10, 2011
To: Jessica Garrow, City of Aspen Planning
From: Brian Flynn, Parks Department
Re: Theatre Aspen/SPA Amendment
Parks Department Comments:
Under Section 26.440.050 review standards, it requires that sufficient public facilities and roads
exist to service the proposed development. Since the applicant proposes to move the service
entrance to the western side of the leased space and the entrance to the eastern side of the space,
access on the western side is insufficient and does not accommodate the current needs of the
Theatre.
The applicant is required to work closely with the Parks Department to coordinate the use of
specific access points during the interim period when the new building is completed and prior to
City enhancements to the sanctuary and adjacent trails. Current access will be accomplished on
the trail between Rio Grande Park and Skate Park until such time an alternate trail access is
designed and constructed. This will require a vehicle to have access around the side of the new
theatre structure to reach the new service area.
Sufficient access will require the redesign and construction of the trail located off of Mill Street
so that it is capable of handling vehicular and pedestrian traffic, minimizing conflicts between
vehicular and pedestrian traffic, appropriate curb cut, traffic control signs, etc.....
MEMORANDUM
To: Jessica Garrow, Community Development Department
From: Jannette Whitcomb, Environmental Health Department
Date: February 15, 2011
Re: Theatre Aspen SPA Amendment
The City of Aspen's Environmental Health Department has reviewed the Theatre Aspen's SPA
amendment application under authority of both the Municipal Code of the City of Aspen,
specifically Chapter 18: Noise Ordinance and the Colorado Food Protection Act, specifically the
Colorado Retail Food Service Regulations.
Historically, Theatre Aspen has had difficulties maintaining proper noise levels (55 decibels after
9pm) at the perimeter of the property during performances with amplified, live music. In June
of 2007, Theatre Aspen investigated many options for compliance with the code, see attached
letter by then Operations Manager, Shirley Tipton. Since then, Theatre Aspen has used a "sound
limiter" and a noise monitoring plan to maintain proper noise levels. They have done so with
limited success. Our staff receives one or two noise complaints each year about their amplified,
live music performances.
With the construction of a new tent, Theatre Aspen has an opportunity to work with a sound
engineer to ensure that the design and materials used for the new tent mitigate sound. It is my
recommendation that they do not rely only on the continued use of a sound a "sound limiter." In
addition to any sound mitigation features added to the design and construction of the tent, I
recommend that a new noise monitoring plan be developed prior to opening night to ensure that
the monitoring points are still appropriate. It is recommended that Theatre Aspen's sound
designer work with Jannette Whitcomb, Aspen Environmental Health Department in the
development of this plan. Please contact Jannette Whitcomb at 970-920-5069 for more
information.
Concessions at the tent historically have only been pre -packaged, non -potentially hazardous
foods, and beverages without ice, due to the fact that they do not hold a food service license. If
Theatre Aspen decides to expand their food and beverage menu they should contact CJ Oliver at
920-5008 with the Aspen Environmental Health Department to go over the food service license
requirements.
TNERE Spen
June 5, 2007
Jannette Murison
Senior Environmental Health Specialist
City of Aspen
131 S. Galena St.
Aspen, CO 81611
Dear Ms. Murison,
Thank you so much for your efforts in sharing information with us on the City noise
regulations. In an effort to be better neighbors and to comply with city requirements,
we have consulted several experts in the "noise" field. Here's a recap:
We consulted with a fabric artist who specializes in public spaces and architectural
applications and has worked extensively with noise abatement. After much effort on
her part (and head -scratching on ours) it has been determined that fabric hangings
would not be practical in the theatre tent and their effectiveness quite limited.
Concerns center around interference and possible heat/fire issues with light racks and
line -of -sight challenges with theater seating on risers. The amount of fabric that Might
make a difference is totally impractical.
We also consulted with sound engineers who gave us quite an education on the nature
of sound and various alternatives based on the site and the structure. Discussions of
constructed alternatives included fabric "walls" and straw bales; both could be removed
at end of season though the latter would not meet aesthetic requirements for the park.
Increasing the height of existing earth berms was ruled out as requiring extensive
engineering, cost, city approval and would likely not be sufficient in height to make a
difference. The only recommendation they had that might work would require the
building of a wall at the back of the site, 15-20 feet high. Clearly, this is an
unacceptable alternative.
The sound engineers ruled out the use of acoustic foam panels, as they would offer
only minimal low frequency absorption. In our case, the peaks have been caused by
human voice, not instruments, at higher frequencies.
Our on -site sound designer, in agreement with consulting engineers, has proposed that
our sound system include a limiter, appropriate mixing and the guidance of the director
as required with each show. The musical director will also be appropriately instructed
to best meet the requirements of the ordinance.
I hope that this will meet Chris Bendon's suggestion (first -step) that, "...an
administrative amendment that sets -out a performance standard (related to noise
levels) with a compliance and enforcement policy be developed between EH and
Theatre Aspen..."
I do not know what you all have in mind in terms of "a performance standard with a
compliance and enforcement policy..." Please let me know how we best reach the next
step for the amendment.
Regards,
Shirley Tipton
Operations Manager
ATTACHMENT 2 —LAND USE APPLICATION
PROJECT:
Name: f SM—W
Location: 1P0j�T10M 01-7 LJL I PA0 Gpf4,1DF'- �1
W30ylSj0
(Indicate street address, lot & block number, legal description where appropriate)
Parcel ID # (REQUIRED) 7_737073 WD51
APPLICANT:
Name: $ f'i5 ft
Address: 110 V=. F4Prl PA Sfi in AVCMN Co tbk(0 I
Phone #: °j2S- `j313
REPRESENTATIVE:
Name: G pffLG WNNItt~ /l�mct D5 k_ C4ftWA-_5 CVNN1�S Ai' trc- is
Address: Wo "Poi A\15. , Pi5Q�1. (0 0 M I
Phone S�SAp
TYPE OF APPLICATION: (please check all that apply):
❑ GMQS Exemption
❑ GMQS Allotment
❑ Special Review
]� ESA — 8040 Greenline, Stream
Margin, Hallam Lake Bluff,
Mountain View Plane
❑ Commercial Design Review
❑ Residential Design Variance
❑ Conditional Use
❑ Conceptual PUD
❑ Final PUD (& PUD Amendment)
❑ Subdivision
❑ Subdivision Exemption (includes
condominiumization)
❑ Lot Split
❑ Lot Line Adjustment
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
ATDN!:5 tHH_ofAMW t' a6TM Vlor-4 .
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
❑
Temporary Use
❑
Text/Map Amendment
❑
Conceptual SPA
Final SPA (& SPA
Amendment)
❑ Small Lodge Conversion/
Expansion
❑ Other:
Have you attached the following? FEES DUE: $lerjq
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.
ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Project:
Applicant: asp
Location:
Zone District: c5fA%
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:
Number of residential units:
Existing.
Proposed.
Number of bedrooms:
Existing:Proposed:
A/
Proposed % of demolition
(Historic properties only):_N/�
DIMENSIONS:
Floor Area:
Existing:
Allowable:
Proposed.•
Principal bldg. height:
Existing:
Allowable:
Proposed:
Access. bldg. height:
Existing:
Allowable:
Proposed:
On -Site parking:
Existing:
Required:
Proposed:
% Site coverage:
Existing:
Required:
Proposed:
% Open Space:
Existing:
Required-
Proposed:
Front Setback:
Existing:
Required:
Proposed.•
Rear 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:
Variations requested:
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and ;MM
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted 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 hearings 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 are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty
of recovering its full costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY star' 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 pri to a determination of application completeness, APPLICANT shall pay an initial deposit in the
amount of $ At which is for _ _ hours of Community Development staff time, and if actual
recorded costs excee the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse
the CITY for the processing of the application mentioned above, including post approval review at a rate of $245.00
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.
II=f! IIYi]�I�71
By:
Chris Bendon
Community Development Director
APPLICANT
- i 9 "1..W,-1AJ
man
Billing Address anq Telephone Number:
G/o - tM I L`�G•
Hit V%VA 1 rJ t l>We4 'W -
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%2OFees/landuseappform.
pdf
Code:
http://www aspenpitkin com/Departments/Community-Development/Planning-and-Zoning/Title-26-
Land-Use-Code/
Land Use Code Section(s)
26.304 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:
1. Total deposit for review of the application.
2. Proof of ownership. A signed letter from the City authorizing the application.
Completed Land Use Application Form.
A signed fee agreement.
5. 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
10. 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.
11. A copy of the approval Ordinance and the SPA Plan.
12. A copy of the final lease
13. 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.
14. 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.
CHAFiLEE CUNNIFFE
AtiCHITECTH
au sasrr• i-,il -
January 3, 2011
City of Aspen Community Development
130 S. Galena Street
Aspen, CO 81611
Re: Representative Authorization
To Whom It May Concern:
I hereby authorize Charles Cunniffe Architects to act as our designated and authorized representative
with respect to the SPA Amendment being submitted to your office for the property located in a portion
of Lot 1 Rio Grande Subdivision, owned by the City of Aspen.
�-
=roily Zeck
Managing Director
Theatre Aspen
1 10 E. Hallam St. Suite 103
Aspen, CO 81611
(970) 925-9313 x5
610 E®,1 Mym:P1 Avnnuo . Aspnn Colorado 81611 • 1"1 OM 025 5590 . In+ 970 925 5076 . %V.. cunn1110 ¢Om
aide• t Cu i., AIA (P—U Vjrll Jam C 0.11-91.n A+A 11hv u0nl J. Gulley ('j-- Pr I*%I A1cn.11C1d 0. 11rll lwrvr it A (i•n'ur Pr Vlsct Arcr.rl>cU
�n ?�
Filed for rec at k"�02 A.M. September 17, 1973 ,""1
Reception ,Io. 162368- <ecorder Peggy E.`�iklich
..:
WARRANTY DEED
STAIE DOCUMENTARY FEE
SEP 1 71973
THIS DEED, MADE AND ENTERED INTO this FS� day of Se�w•,�C ,
1973, by and between JAMES R. TRUEMAN, individually, of the first
part,.,and THE CITY OF ASPEN, COLORADO, a municipal corporation§ R`
of the second part:
W I T'N E S S E T H :
THAT the said party of the first part, for and in considera-
tion of the sum of TEN AND 00/100's DOLLARS ($10.00), and other
good and valuable consideration, to the said party of the first
part in hand paid by the said party of the second part, the re-
ceipt whereof is hereby confessed and acknowledged, has granted,
bargained, sold and conveyed, and by these presents does grant,
bargain, sell, convey and confirm unto the said party of the
second part, its heirs and assigns forever, all the following
described lots or parcels of land, situate, lying and being in
the County of Pitkin and State of Colorado, to -wit:
A TRACT OF LAND SITUATED IN THE SOUTHWEST ONE -QUARTER
OF SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE
6th PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO, BEING
MORE FULLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT
AT THE
EAST SIDE
OF MILL STREET
WHENCE
THE WEST ONE -QUARTER
CORNER OF
SAID SECTION 7
BEARS N 38006'14" W 1542.42
FEET;
THENCE
S 56006'43"
E
120.33
FEET;
THENCE
N 33053'35"
E
78.32
FEET;
THENCE
S 75051'14"
E
67.25
FEET;
THENCE
N 84034'25"
E
121.34
FEET;
THENCE
S 00017'28"
W
130.87
FEET;
THENCE
S 89028'55"
E
184.09
FEET;
THENCE
S 00058'09"
W
109.72
FEET;
THENCE
N 16034'56"
E
9.37 FEET;
THENCE
S 74637'51"
E
141.49
FEET;
THENCE
S 09026'26"
E
412.35
FEET;
THENCE
S 43010'38"
E
89.04
FEET;
THENCE
233.41 FEET
ALONG THE ARC OF A
CURVE TO THE LEFT
HAVING
A RADIUS OF
309.26 FEET
AND A
CHORD WHICH BEARS
S 64056'02"
E 227.91
FEET;
THENCE
S 03022'00"
W
100.08
FEET;
THENCE
309.38 FEET
ALONG THE
ARC OF A
CURVE TO THE RIGHT
HAVING
A RADIUS OF
409.34 FEET
AND A
CHORD WHICH BEARS
N 64054'19"
W 302.07
FEET;
THENCE
N 44054'27"
W
66.04
FEET;
THENCE
N 75012'56"
W
15.86
FEET;
THENCE
N 75011'28"
W
25.48
FEET;
THENCE
N 16049'23"
E
83.76
FEET;
it rt 1 1
BOOK 279 mu 746
THENCE N 7301931" W 271.88 FEET;
THENCE S 16037'11" W 90.78 FEET;
THENCE N 57036'26" W 10.54 FEET;
THENCE S 84°21'32" W 164.64 FEET;
THENCE N 87031'46" W 88.97 FEET;
THENCE S 14026'08" W 75.82 FEET;
THENCE N 43012'17" W 408.87 FEET;
THENCE N 19050'59" E 495.73 FEET TO THE POINT OF BEGINNING,
CONTAINING 11.496 ACRES MORE OR LESS.
TOGETHER with all and singular the hereditaments and appur-
tenances thereto belonging, or in anywise appertaining, and the
reversion and reversions, remainder and remainders, rents, issues
and profits thereof; and all the estate, right, title, interest,
claim and demand whatsoever of the said party of the first part,
either in law or equity, of, in and to the above bargained pre-
mises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and
described, with the appurtenances, unto the said party of the
second part, for its heirs and assigns forever. And the said
party of the first part, for himself, his heirs, executors, and
administrators, does covenant, grant, bargain and agree to and
with the said party of the second part, its heirs and assigns,
that at the time of the ensealing and delivery of these presents,
he is well seized of the premises above conveyed, as of good,
sure, perfect, absolute and indefeasible estate of inheritance,
in law, in fee simple, and has good right, full power and lawful
authority to grant, bargain, sell and convey the same in manner
and form as aforesaid, and that the same are free and clear from
all former and other grants, bargains, sales, liens, taxes, as-
sessments and encumbrances of whatever kind or nature soever;
except easements to Klaus F. Obermeyer for sewer purposes, and
to Aspen One Company for access purposes; all easements and rights
of way, rights of ore extraction and rights of way for ditches as
reserved in United States Patents of Record and canals as reserved
in United States Patents of Record, licenses, existing roads,
highways, ditches, pipelines, encroachments of fences, fencelines,
-2-
i' BOOK 279 P,047
buildings, any tax assessments, fees, charges by reason of the
inclusion of the subject property in the Aspen Metropolitan Sani-
tation District and Aspen Fire Protection District prorated to
date of closing, general taxes, insurance, etc. prorated to date
of closing;
And the above bargained premises in the quiet and peaceable
possession of the said party of the second part, its heirs and
assigns against all and every person or persons lawfully claiming
or to claim the whole or any part thereof, the said party of the
first part shall and will WARRANT AND FOREVER DEFEND, The singu-
lar number shall include the plural, the plural the singular,
and the use of any gender shall be applicable to all genders.
IN WITNESS WHEREOF, the said party of the first part has
hereunto set his hand and seal the day and year first above written.
JAMES R. TRUEMAN
Party of the First Part
STATE OF COLORADO )
) ss.
COUNTY OF PITRIN )
.• 4 • 3,L.
dortrgoing instrument was acknowledged before me this
`sags \Cec 1973,,nby JAMES R. TRUEMAN.
m \�� idnri j ion expires:
-jfi.,:, Wii riy hand and official seal.
0
Notary Public
-3-
s ~� t:- ���� ��• THEATRE` � �� �• 1
r
ASPEN
,.;�, . D • _. _ /'�I � �., t r' it � � F� . , . � .�7����
Cke
-04
Herron
r! .� • Park
Koch � •i .� � t t � t. Ij �r.- `� _y
Lumber..I► �. .. ✓ 4�► .�
Park L WagnerIr
/_ . i • ''kq�, 1�
rY Park t •I �� t' �,•
--' r
47
a, pip lir
1
Existing Conditions
A Portion of Lo t 1
Rio Grande ,.Subdivision
Roaring Fork River
CI t y of Aspen, Colorado
APProximote Edge of River —
\ Notes.,
d5��ti9
_
\ - This map has been made per the clients request for and Existing Conditions
\
Survey of the area shown hereon.
- Property Description: A portion of Lot 1, Rio Grande Subdivision, as recorded
in Plot Book 32 Page 83.
- This map does not represent a boundary survey by this surveyor. Minimal
existing monumentotion was found in the field to ensure that the portion of
eg �
existing conditions mapping shown hereon falls entirely within the boundoties of
• s''�
Lot 1, Rio Grande Subdivision.
Pbd
- Survey Date: November la 2010
Found Rebor and Cop
LS 9184
•
- Units of Measurement: U.S. Survey Foot
E7evofion=786544'
N827409 H,
aencn
'
6 '
- Contour Interval: 1 foot
264.25•e•
787
y
- Basis of Bearings: The record bearings of said Rio Grande Subdivision and
the subsequent amendments thereof, based on a best fit between monuments
7D7J'-
found in the Neld, shown on the Vicinity Map hereon.
e•
%.'Tn.
- Vertical Datum. NA✓D 88 based on NGS Monument 0-159, carried over to the
e
aasy
site control shown hereon.
o.,etw--7an�i•
4
_ A,ry 6•
- This survey does not represent a title search by this surveyor to determine
�i 0 4•
ownership or to discover easements or other encumbrances of record.
Underground utility located were not provided for this survey.
®
4•
�o SrOmr ' '•`e•
City of Aspen
Center far Vi"suel Arts
Sfe
µr ArM
- '� .;
Cegend.'
Andrew d( Ferlia
Condominiums
_ dill douse
Condominiums
_ .',
FL=7867.SB' 7•
�_
1 Paef
—
- Evergreen Tree
-
- Decidious Tree
ys0i
.roR- r
\
Stage
&onorldta
..Gfavel _.
sawaen
a-7867.54'
o•
- Ut"ity Pole
o,
r
Rio oep.«aaa
®
Electric Pedestal
Electric Meter
Woad
2�010
Caile Pedestal
Lot 1
- / `•
e� \ \ �>ni
-
� �. �- ,: -
- m1r-7Gazes
�
0
- L'gbt Pole
- Spinkler
Rio Grande
subdirisioa
Piet Boot 3z
\
-
'
pd
-Irrigation Control Box
Page BB
,.
-0
- rent Anchor
\
r
cp wd4•
PIC
se.• ��
/
Q
- Found Survey Monument
- Found Control Monument
wKq
.hry ry
F7=7867.7i
,To
No Gronde Place
q
y ��
:-•'r'�'�'=�
� B-
s F3
Bill
6
Lot 7
-
Lot 8
Lot 5
Lot 4
t
eadwn -�
- -
Lot 1
: - ~• '�
Pitldn
y
Surveyor's Certificate:
Cent r
found NCGS Monument
0-159
1, Stephen L. Ehlers, being a Registered Land Surveyor in the State of
svbdivisioa
Sewtion=7911.98'
r ty
Colorado, do hereby certify that this map of existing conditions was prepared
GRAPHIC SCALE
, 1e�..
by me and under my supervision from a survey made by me and under my
Vicinity Map
o
r_h `
o
supervision on 10 Novembe i1« nd that both the survey and map are
true and accurate to th nowledge and belief.
IN FELT
t.,,t �0
'
t tpCh - n-
M' Zol a
Found NCS Monument
0-159
Steph L. Ehlers LS 3 Date
Elevation=7911.98'
'�e8 ••• .� 1
! �°°weny to ca�.aoo to«, yo„ ,n,rsr
' r •�O'' °Cri4" bO'`1� "eOn Y
`eefe
SCHMUESER GORDON MEYER
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(970)ORADO
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Theatre Aspen
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ASPEN, COLORADO (97O) 925-6727
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GUNNISON, CO (970) 64 1 -5355
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DRAWING:
NMTH SITE PUw
ISSUE: DATE:
SPA AMEND. 2-11
jj
JOB NO. 0831
SHEET NO.
SITE PLAN
I• 20•
A2.1
ORDINANCE N0.24
(SERIES OF 1995)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING TO THE ASPEN
THEATRE IN THE PARR AN AMENDMENT TO, THE RIO GRANDE FINAL SPA
DEVELOPMENT, FINAL SPA PLAN APPROVAL, AND GROWTH MANAGEMENT
EXEMPTION FOR THE PURPOSE OF YEARLY CONSTRUCTION OF THE THEATRE
TENT AND THEATRE PRODUCTIONS AT THE CITY -OWNED RIO GRANDE PARR IN
THE CITY OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the Rio Grande Master Plan and SPA Development Plan
were approved in 1993; and
WHEREAS, the Planning Director did receive from the Aspen
Theatre in the Park (Applicant) and has reviewed and recommended
for approval an application (the "Plan") for an amendment to the
Rio Grande SPA Final Development Plan, Final SPA Development Plan,
and Growth Management Exemption for an Essential Public Facility
to undertake its yearly tent construction and theatre production
at the area historically used for this purpose; and
v\ WHEREAS, the Planning and Zoning Commission reviewed the
development proposal in accordance with those procedures set forth
at Section 24-6-205(A)(5) of the Municipal Code and did conduct a
public hearing thereon on May 2, 1995; and
WHEREAS, upon review and consideration of the plan, agency and
public comment thereon, and those applicable standards as contained
in Chapter 24 of the Municipal Code, to wit, Division 8 of Article
7 (Specially Planned Area) and Division 1 of Article 8 (Growth
Management Exemption) the Planning and zoning Commission has
recommended approval of the Aspen Theatre in the Park's amendment
to the Rio Grande SPA Final Development Plan and exemption from
growth management competition and mitigation subject to conditions,
-• - 1
to the City Council; and
WHEREAS, the Aspen City Council has reviewed and considered
the Plan under the applicable provisions of the Municipal Code as
identified herein, has reviewed and considered those
recommendations and approvals as granted by the Planning and zoning
Commission, and has taken and considered public comment at public
hearing; and
WHEREAS, the City Council finds that the Plan meets or exceeds
all applicable development standards and that the approval of the
Plan, with conditions, is consistent with the goals and elements
of the Aspen Area Community Plan; and
WHEREAS, the City Council finds that this Ordinance furthers
and is necessary for public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO as follows:
Section is Pursuant to Section 24-7-804 B. of the Aspen Municipal
Code, and subject to those conditions of approval as specified
hereinafter, the City Council finds as follows in regard to the
Plan's SPA development component:
1. The Applicant's final plan submission is complete and
sufficient to afford review and evaluation for approval.
2. The Plan is compatible with and enhances the mix of
development in the immediate vicinity.
3. Sufficient public facilities exist to serve the development.
4. The parcel is generally suited for development considering
topography and natural hazards.
5. The Plan employs land planning techniques to limit impacts to
the environment and provides public and private amenities.
( 0 2
6. The Plan is in compliance with the Aspen Area Community Plan.
7. The Plan does not require the expenditure of public funds for
the subject parcel or the neighborhood.
8. No development is proposed on slopes of 20% or greater.
9. No GMQS allocations or exemption are necessary for the Plan
except for as approved within this ordinance.
Section 2: Pursuant to the findings set forth in Section 1 above,
the City Council grants SPA Final Development Plan amendment
approval for the Aspen Theatre in the Park subject to the following
conditions:
1. All parking, handicap parking and handicap parking dropoffs
will be consistent with the Rio Grande Master Plan as adopted
by City Council.
2. Prompt clean-up of the site after each summer season is
required. No storage of materials is allowed on the site in
the off season except for the tent structure, under protective
cover. Materials and props stored on site shall be kept out
of view in accordance wiht a landscaping plan including
fencing if necessary to be approved by the Community
Development Director with the ablility of Council to review
if it is not working.
3. The tent will be erected in mid May and removed in mid
September of each year.
4. The amended Rio Grande SPA Development Plan shall be recorded
in the office of the Pitkin County Clerk and Recorder.
Failure on the part of the applicant to record the amended SPA
Development Plan within a period of one hundred and eighty
(180) days following approval by the City Council shall render
the PUD Plan approval invalid and reconsideration and approval
of both by the Commission and City Council will be required
before their acceptance and recording, unless an extension or
waiver is granted by City Council for a showing of good cause.
5. Any overhead utility wires shall be undergrounded by the
applicant within three years. The applicant shall work with
the Parks Department on and appropriate digging schedule.
Section 3: Pursuant to section 24-8-104 (C) (1) (b) (i-iii) of the
Municipal Code, the City Council finds as follows in regard to the
3
Applicant's request for Growth Management Quota System development
exemption for essential public facilities:
1) The Applicant's annual tent construction is essential for
their continued use of the Rio Grande property.
2) The programs and activities sponsored and or hosted by the
Applicant at the Rio Grande facilities have historically
provided cultural enrichment to the citizens of the City of
Aspen without which the City would not have attained its
present character. Furthermore, the Applicant's programs have
served and continue to serve important community needs and
continuation of same will only enhance their value and
accessibility to the citizens of the City of Aspen and the
general public.
3) The Applicant's proposed development involves essential public
facilities, will enhance existing essential public facilities,
and is not -for -profit in nature.
Section 4: Pursuant to Section 24-8-104 (C) (1) (b) (i-iii) of the
Municipal Code, and the findings set forth in Section 6 above, the
City Council awards and grants growth Management Quota System
development exemptions from competition and affordable housing
impact mitigation for the theatre tent and normal accessory uses
of the tent on the basis that such development is for essential
public facilities.
Section 5: All material representations and commitments made by
the developer pursuant to the Plan approvals as herein awarded,
whether in public hearing or documentation presented before the
Planning and zoning Commission and or City Council, are hereby
incorporated in such plan development approvals and the same shall
be complied with as if fully set forth herein, unless amended by
other specific conditions.
Section 6: This Ordinance shall not affect any existing litigation
and shall not operate as an abatement of any action or proceeding
4
kv
17
now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and
concluded under such prior ordinances.
section 7: If any section, subsection, sentence, clause, phrase,
or portion of this Ordinance is for any reason held invalid or
unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
shall not affect the validity of the remaining portions thereof.
Section 8: That the City Clerk is directed, upon the adoption of
this ordinance, to record a copy of this ordinance in the office
of the Pitkin County Clerk and Recorder.
Section 9: A public hearing on the Ordinance shall be held on the
day of9z�-�— , 1995 at 5:00 in the City Council Chambers,
Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which
hearing a public notice of the same shall be published in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the f 5 day of
Attest:
Kathryn . Koch, City clerk
5
FI�NAL-L-Y, adopted, passed and approved this day of
. tom.•
Kathryn Koch, City Cler
6
LEASE AGREEMENT -
BETWEEN THE CITY Or ASPEN
AND
THEATRE ASPEN
THIS LEASE AGREEMENT entered into at Aspen, Colorado, this t7� day of
2011, by and between the CITY OF ASPEN, COLORADO, a municipal
corporation aM home -rule city ("hereinafter "City"), and THEATRE ASPEN a Colorado non-
profit corporation (hereinafter "Tenant").
WITNESSETH:
WHEREAS, the City is the owner of the Rio Grande Park in Aspen, Colorado and desires
to lease to Tenant certain space within the Rio Grande Park, as further described herein; and
WHEREAS, Tenant desires to lease that certain space within the Rio Grande Park for the
purposes set forth below, and upon the terms and conditions set forth herein; and
WHEREAS, the City of Aspen Land Use Code requires that the uses proposed by Tenant
within the Rio Grande Park be approved by the Aspen City Council by an amendment to the
current Rio Grande SPA final Development Plan and Growth Management Exemption as an
Essential Public Facility; and
WHEREAS, the parties hereto understand that this Lease Agreement is specifically
conditioned upon the Aspen City Council granting the requisite land use approvals for the
proposed uses within the Rio Grande Park.
NOW, THEREFORE, in consideration of the mutual terms, covenants and conditions
contained herein, the parties agree as follows:
1. Term. The initial term of this Lease Agreement shall be for a period of ten (10)
years and nine (9) months, effective January 1, 2011, and terminating at the conclusion of
Tenant's 2021 season on October 1, 2021. An additional tern of ten (10) years (terminating on
October 1, 2031) shall automatically be added to the initial term provided that Tenant provides
the City with written notice at least 6 months prior to the end of the initial term that it intends to
renew the tern of this Lease Agreement for an additional ten years. The parties hereto agree to
discuss the continuation of the Lease Agreement no less than six (6) months before its
termination. Negotiations for the continuation of this Lease Agreement shall be subject to review
by the City, and shall proceed upon good faith by both parties.
2. Premises. The Premises subject to this Lease Agreement shall be the area
outlined within the Rio Grande park as shown on Exhibit 1 appended hereto and by this
reference made a part hereof as if fully set forth here.
3. Use. The Premises may be used by Tenant solely for the purpose of placing a tent
in substantially the area shown on Exhibit 1, and constructing or placing a ticketing and
concessionaire's structure to remain on the Premises during the duration of this Lease
Agreement. Tenant may use the Premises for the presentation of theatrical productions and
related operations. Tenant may occasionally rent out the Premises to third patties who may use
the Premises for similar purposes. The uses permitted on the Leased Premises shall comply in all
respects with any and all conditions required by the City in any approvals that may be granted to
the Tenant by the Aspen City Council pursuant to the Aspen Municipal Code.
Prompt clean-up of the Premises after each summer season shall be conducted by Tenant.
Materials kept within the Picmises should be contained to the tent and structure layout as shown
on Exhibit 1 under protective cover and within existing enclosed structures on property which
total approximately 250 sq ft. Any improvements or replacements planned to these existing
structures should not cause total enclosed sq footage to exceed 500 sq ft total or maximum height
for any enclosed stricture to exceed 15 ft. Any unenclosed structures that remain onsite of the
Premises year-round, including but not limited to framework for theatre's lobby structure, shall
be subject to the prior approval of the City Council by the review of a Specially Planned Area
amendment process or the Community Development through administrative review, as
applicable.
Tenant shall not use the Premises for any other purposes without the City's written consent.
Tenant's use and occupancy of the above -described Premises shall comply with the rules,
regulations and ordinances of any governmental authority having jurisdiction over the Premises
or the activities performed thereon. Additionally, Tenant shall not use the Premises in any
manner that will create an increase in the rate of insurance or a cancellation of any insurance
policy, even if such use may be in furtherance of Tenant's operations. In the event that Tenant
proposes to use the Premises in a manner that would increase the City's insurance premiums, the
City and Tenant agree to discuss such plans to determine if there is a way to minimize the costs
to the City and still permit the proposed activity to take place. Tenant shall not keep, use or sell
anything prohibited by any policy of fire insurance covering the Premises.
4. Time of Occupancy, Acceptance, Surrender of Premises and Abandonment.
Tenant shall be entitled to use and occupy the Premises during all times as set forth in the land
use approvals granted by the City. At all other times "Tenant may use the Premises only with the
prior approval of the City. if the Tenant abandons the Premises for a period of more than 30 days
(excepting the off-season) then this Lease Agreement shall automatically terminate and shall be
considered a breach by Tenant. Tenant shall be responsible for landscape restoration of the
Premises to a park condition of turf grass sod.
5. Kent. "Tenant agrees to pay a total of $10.00 per year to the City as rent for the
Premises, payable on the first day of each calendar year.
6. Access to Premises. City shall be entitled to enter upon the Premises at all
reasonable hours for the purpose of inspecting the same, preventing waste or loss, or enforcing
any of City's rights hereunder. Vehicular access to the Premises shall be restricted. Except for
Page 2
V. + .
sanitation service vehicles and trash removal vehicles intended to service the Premises, vehicular
access to the tent site shall be restricted to deliveries of theatre property or tools weighing over
50 pounds. All deliveries must be accompanied by a person on foot in front of the vehicle to
warn pedestrians and park users for safety reasons.
T. Maintenance and Repairs. Tenant, at its sole expense, shall keep the Premises in a
good, clean and safe condition. Tenant shall be responsible for all maintenance inside the
Premises as shown on Exhibit 1, including pathways, entrance landscaping, structures and
infrastructure. This list may not be inclusive. Tenant shall not be responsible for snow removal
inside the Premises unless required for access to theatre property. The City shall be responsible
for irrigation maintenance on the Premises and adjacent park area and be responsible for grounds
maintenance in the park area outside of the Premises, including pathways and any lighting
outside of the Premises. Tenant shall be responsible for any electrical infrastructure and lighting
inside the Premises.
Utilities and Security System. Tenant shall be responsible for all utilities used on
the Premises.
9. Personal Property. All personal property and trade fixtures placed on the
Premises shall be at Tenant's sole risk and City shall not be liable for damage to or loss of such
personal property or trade fixtures arising from the acts or neglect of Tenant, its agents or
employees. Any personal property or trade fixtures of Tenant or anyone claiming under Tenant,
which shall remain on the Premises after the date upon which the Premises shall he surrendered
shall be deemed to have been abandoned and may be retained by City as its property or disposed
of by City in such a manner as City secs fit.
10. Taxes. In the event any taxes are levied and assessed upon the Premises or upon
the improvements, fixtures or personal property of the Tenant during the tern of Tenant's
occupancy of the Premises or arising therefrom, or upon the leasehold or possessory interests as
created through this lease, Tenant shall be solely responsible to satisfy and pay all such taxes in a
timely fashion. Tenant shall not allow any liens for taxes or assessments to exist with respect to
the Premises, except that Tenant may permit such taxes or assessment to remain unpaid while
pursuing any good faith contest or appeal of same.
11. Indemnification. Unless caused by the negligence of the City, Tenant agrees to
indemnify and hold harmless the City, its officers and employees, .from and against all liability,
claims, and demands, on account of injury, loss, or damage, including, without limitation, claims
arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or
any other similar loss, which arise out of or are in any manner connected with Tenant's
occupancy of the Premises pursuant to this Agreement, if such injury, loss, or damage is caused
in whole or in part by, the omission, error, or negligence of the Tenant, any subcontractor of the
Tenant, or which arises out of any workmen's compensation claim of any employee of the Tenant
or of any employee of any subcontractor of the Tenant.
Page 3
12. Public Liability Insurance. Tenant agrees to furnish City with certificate(s) of
insurance as proof that it has secured and paid for a policy of public liability insurance covering
all standard risks related to the leasing, use, or occupancy, of the Premises. The insurance shall
be procured from a company authorized to do business in the State of Colorado and be
satisfactory to City. The amount of this insurance, shall not be less than the maximum liability
that can be imposed upon the City of Aspen under the laws of the State of Colorado found at
C.R.S. 24-10-101 e• t sea., as amended. At present, such amounts shall be as follows:
$150,000.00 for any injury to one person in any single occurrence;
$600,000.00 for any injury to two or more persons in any single occurrence.
In no event shall such insurance amounts fall below those maximum liability limits as set
forth at C.R.S. 24-10-114, as amended.
13. Premises Insurance. During the full tern of this Agreement, Tenant, at its sole
cost and expense, and at Tenant's discretion, may also cause all of the furniture, fixtures, and
equipment in the premises to be kept insured, without co-insurance clauses, to the full insurable
value against the perils of wind, storm, hail, lightning, explosion, fire and like perils. "Full
insurance value" means the cost, as of the date of loss, for replacement of the damaged or
destroyed property in a new condition with materials of like size, kind and quality. The
insurance shall stand as primary insurance for the furniture, fixtures, and equipment in the
Premises to be procured from a company authorized to do business in the State of Colorado and
be satisfactory to the City. All policies as required herein shall contain a waiver of subrogation
by the insurer against City.
14. Termination Due to Fire or Similar Catastrophe. If, absent negligence or fault on
the part of Tenant, the Premises shall be damaged by fire or other catastrophe so as to render said
Premises wholly untenantable, and if such damage is so great that a competent licensed architect
in good standing in Pitkin County, Colorado, as selected by the City within fourteen (14) days
from the date of loss, shall certify in writing to the City and Tenant that the Premises, with
reasonable diligence, cannot be made fit for occupancy within ninety (90) days from the
happening of the occurrence of the damage, then Tenant shall have thirty (30) days from date of
official notification of this decision to decide whether to maintain this Lease Agreement and be
solely responsible for restoring the Premises to working condition or whether to terminate this
Lease Agreement and vacate the Premises. Such a termination of the Lease Agreement shall not
forgive Tenant's obligation to restore the landscape of the Premises to a park condition of turf
grass sod as outlined in Section 3. If, however, the damage is not such as to prevent reoccupation
and use of the Premises within ninety (90) days, then repairs thereto shall be undertaken by
Tenant with all reasonable speed to restore the Premises to its former condition and the Lease
Agreement shall remain in effect. All insurance proceeds resulting from Tenant's insurance
policies and coverage shall remain property of Tenant, regardless of official decision regarding
the condition of Premises or Tenant's decision whether to terminate Agreement and restore the
Premises.
Page 4
15. City to be Named a Co -Insured or Additional Insurance. Tenant shall name City
as co-insured or additional insured on all insurance policies and such policies shall include a
provision that written notice of any non -renewal, cancellation or material change in a policy by
the insurer shall be delivered to City thirty (30) days in advance of the effective date.
16. Repairs and Alterations by Tenant. Tenant, pursuant to any land use approvals
received from the city, or upon City's written consent, may, at its own expense, make reasonable
and necessary alterations or improvements to the Premises. All alterations, additions and
improvements shall be performed in a workmanlike manner, in accordance with all applicable
building and safety codes, and shall not weaken or impair the structural strength or lessen the
value of the Premises. All alterations, additions and improvements made in or to the Premises
shall be the property of Tenant and remain the property of Tenant upon termination of this Lease
Agreement. Tenant agrees that prior to any construction or installation of alternations, additions
or improvements, Tenant shall post on the Premises in a conspicuous place a notice of non -
liability for mechanic's lien as specified at C.R.S. Section 38-22-105 on behalf of the City and
shall notify City of such posting and the exact location of same. Perfection of a mechanic's lien
against the Premises -as a result of Tenant's acts or omissions may be treated as a material breach
of this Lease Agreement.
17. Repairs and Alterations by City. City reserves the right, from time to time, at its
own expense and by its officials, employees and contractors, to make such alterations,
maintenance activities, renovations or repairs in and about the Rio Grande Park, other than those
noted above as required by Tenant, as City deems necessary or desirable and Tenant covenants to
make no claim against City for any interference with its interest as herein provided in the
Premises. Any such activity within the Premises may only take place upon Tenant's consent.
City shall provide reasonable notice to Tenant in advance of any intent to undertake any work in
the Rio Grande Park as authorized in this paragraph and all work shall be performed at such
times as may be mutually agreed to between the parties so as to eliminate or minimize any
disruption of Tenant's business. The City shall, however, have the final decision making
authority as to what time is reasonable under the circumstances.
18. Condemnation. If during the terns of this Lease Agreement, or any renewal of it,
the whole or part of the Premises, or such portion as will make the Premises unusable for the
purpose ]eased, or the leasehold interest, be condemned by public authority, including City, for
public use, then this Agreement shall cease as of the date of the vesting of title in the Premises in
such condemning authority, or when possession is given to such authority, whichever event
occurs first. Tenant shall not be entitled to any part of any condemnation award for the value of
the unexpired term of this Agreement or for any other estate or interest in the Premises, such
amount belonging entirely to City.
19. Assignment of Agreement. Tenant shall not assign, pledge, sublease or otherwise
dispose of or encumber this lease, or the leased Premises, without the prior written consent of the
City, except as allowed in section 3 above. Such consent shall not be unreasonably withheld.
"Tenant shall, likewise, not permit any third party to occupy or use the Premises absent the prior
written consent of the City except as allowed in Section 3.
Page 5
20. Signs. Tenant shall not place any signs upon the Premises or upon the Rio Grande
Park except of such design and construction as may be permitted by City. It is understood by the
parties that placement of an identification sign or signs is important and necessary to Tenant's
business. Accordingly, the City hereby consents to allowing Tenant to place banners of Tenant's
choosing within the Premises as shown on Exhibit 1 provided they comply with the City's sign
code. Additional banners or signs outside of the Premises within Rio Grande Park may only be
placed with the approval of Parks staff. Any sign permitted by City shall at all times comply with
applicable ordinances, rules and regulations.
21. Breach by Tenant Defined. If Tenant shall fail to timely comply with any of the
terms or conditions of this Agreement, any term or condition of the land use approvals granted by
the City, or any notice given under it, or shall become insolvent, or shall have or attempt to make
an assignment for the benefit of creditors, or if any of its property be attached and such
attachment is not promptly released, or if an execution be issued against it, or, if a petition be
filed by or against it, to have it adjudicated a bankrupt, or if a trustee or receiver shall be created
or appointed to take charge of its assets, or if it shall abandon the Premises for a period of more
than thirty (30) days (not including seasonal closures) then at any time afterwards City may treat
such act or omission as a breach of this Lease Agreement and, at its option, enter into the
Premises and remove all persons and take and retain possession thereof either with or without
process of law.
22. City's Remedy for Breach. Any breach, default or failure by Tenant to perform
any of the duties or obligations assumed by Tenant under this Lease Agreement shall be cause for
termination of the Lease Agreement by City in the manner set forth in this paragraph. City shall
deliver to Tenant thirty (30) days' prior written notice of its intention to terminate this Lease
Agreement, including in the notice a reasonable description of the breach, default or failure. If
within that thirty (30) days Tenant shall fail or refuse to cure, adjust or correct the breach, default
or failure to the reasonable satisfaction of City, the City shall have the right to declare this Lease
Agreement terminated and all rights, powers and privileges of Tenant as provided through the
Lease Agreement shall cease, and Tenant shall immediately vacate the entire Premises and shall
make no claim of any kind against City by reason of the tennination. The thirty (30) days' prior
written notice shall be conclusively detennined to have been delivered to 'Tenant by the hand
delivery of same upon the Tenant's primary address set forth herein, or at the time it is deposited
in the U.S. Mail, certified, postage prepaid, addressed to the address set forth herein.
23. Non -Waiver of Rights. Any failure by City to so terminate this Lease Agreement
as.herein provided after the breach, default or failure by Tenant to adhere to the terms of the
Lease Agreement shall not be deemed or construed to be a waiver or continuing waiver by City
of any rights to terminate the Lease Agreement for any present or subsequent breach, default or
failure.
24. Non -Discrimination. Tenant agrees to comply with all laws, ordinances, riles and
regulations that may pertain or apply to the Premises and its use. In performing under the Lease
Agreement, Tenant shall not discriminate against any worker, employee or job applicant, or any
Page 6
. 0 ►
member of the public, because of race, color, creed, religion, ancestry, national origin, sex, age,
marital status, physical handicap, affectional or sexual orientation, family responsibility or
political affiliation, nor otherwise commit an unfair employment practice.
25. Notice. Whenever this Agreement calls for or provides for notice and notice is
not otherwise specified, the same shall be provided in writing and shall be served on the
person(s) as designated by the parties below, either in person or by certified mail, postage prepaid
and return receipt requested.
For City: Aspen City Manager
130 South Galena Street
Aspen, Colorado 81611
For Tenant: Managing Director
Theatre Aspen
110 E. HaIlam St., Ste 103
Aspen, CO 81611
The parties may change or add such designated person(s) or addresses as may be
necessary from time to time in writing.
26. Binding Effect. All of the terms and conditions as contained in this Agreement
shall inure to the benefit of and be binding upon the successors and assigns of the parties.
27. Controlling Law. This Lease Agreement shall be enforced and interpreted in
accordance with the laws of the State of Colorado. Any action brought to enforce or interpret
this Agreement shall be brought in the District Court in and for Pitkin County, Colorado. In the
event of litigation between the parties concerning this Agreement or matters arising therefrom,
the prevailing party shall be awarded its costs and reasonable attorney's fees.
28. Entire Agreement. This instrument constitutes the entire Lease Agreement by the
parties concerning the Premises and shall supplant and supersede any previous agreements
between the parties pertinent to the Premises. Any prior or contemporaneous oral or written
agreement that purports to vary from the terms as set forth herein shall be void and of no effect.
29. Amendments. Except as otherwise provided herein, this Lease Agreement and all
of its terms and conditions may not be amended or modified absent a written agreement duly
executed by the parties.
30. Condition Precedent. This Lease Agreement is specifically conditioned upon the
Aspen City Council granting the requisite land use approvals to Tenant for the proposed uses on
the Leased Premises and Tenant's acceptance of same, including any conditional terms related to
approvals. Furthermore, this Lease Agreement is hereby subject to all the terms and conditions
that may be required by the Aspen City Council in any land use approvals granted to Tenant for
the proposed uses described herein.
Page 7
I 0 .
WHEREFORE, the parties, through their duly authorized representatives, have executed
this Agreement upon the dates as forth licrein.
ATTEST:
.. l - 4'�11'
Kathryn S. KoCity Clerk
THE CITY OF ASPEN, COLORADO
By:
Steve 6arwick, City Manager
TENANT:
Theatre Aspen
By: _-
EmilyLeck, M naging Director
Page 8
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EXHIBIT 1
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ENCLOSURES
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THEATRE ASPEN LAYOUT CITY OFASPEN
RIO GRANDE PARK PARKS RECREATION
DEPAEPA RTMENT
iXI S(M:T110A(L- SUE
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Aspen, Colorado JANUARY4,2011 i°nsviwiosu
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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:
C
CA
CHARLES CLINNIFFE
ARCHITECTS
A 11. 10-0,
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:
1. Re -grade the tent site to prevent flooding of the tent platform during heavy rains.
2. 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.
3. Increase electrical capacities to the tent site.
4. 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.
5. 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.
6. 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)
A. 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:
1. 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.
610 East Hymen Av(-nuo Aspen, Coloraclo 81611 » tel 970.925.6500 » fax: 970.925.5U76 www.cunnata.corn
Charlra L. Cunnalo. AM IPrinclp.Jil Janver C. 0arrington. AIA (Principal) jim Gulley I.Seniot Projeet Archirnctt GerAlroy Letter. Ft.A 19onicr Project Architect)
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
A. 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:
1. The expansion, remodeling or reconstruction of an existing development provided the
following standards are met:
a) 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%).
b) 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.
c) 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.
d) 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.
. .b .
e) 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.
. IN -
THE. Cm OF ASPEN
Chris Bendon
City of Aspen
Community Development Department
130 S. Galena Street
Aspen, CO 81611
February 9, 2011
Chris:
In accordance with the City Council approved Lease Agreement and Ordinance No. 24 (Series of
1995),,1 hereby give permission for Theatre Aspen to make a land use application for the new tent
at tlieir existing site in Rio Grande Park.
Thank you,
e
Stephen Ellsperman
Parks Director
City of Aspen Parks Department
130 SOUGH GALENA STREET - ASPEN, COLORADO 81611-1975 • Nora 970.920.5000 • FAx 970.920.5197
www.aspenpitkin.com
Prl. d an Regd,-d Paper
THE CITY OF ASPEN
Land Use Application
Determination of Completeness
Date: February 10, 2011
Dear City of Aspen Land Use Review Applicant,
We have received your land use application and reviewed it for completeness. The case number
and name assigned to this property is 0007.201 LASLU — Rio Grande Park SPA Amendment.
The planner assigned to this case is Jessica Garrow.
❑ Your Land Use Application is incomplete:
We found that the application needs additional items to be submitted for it to be deemed
complete and for us to begin reviewing it. We need the following additional submission
contents for you application:
Please submit the aforementioned missing submission items so that we may begin reviewing
your application. No review hearings will be scheduled until all of the submission contents listed
above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the
land use application.
Your Land Use Application is complete:
If there are not missing items listed above,
to begin the land use review process.
then your application has been deemed complete
Other submission items may be requested throughout the review process as deemed necessary by
the Community Development Department. Please contact me at 429-2759 if you have any
questions.
Th ou,
AA A
ifer Ph a Deputy Director
City of Aspen, Community Development Department
For Office Use Only:
Mineral Rights Notice Required
Yes 1 o
GMQS Allotments
Yes No—X�
Qualifying Applications:
SPA PUD COWOP
Subdivision (creating more than 1 additional lot)
Residential Affordable Housing
Commercial E.P.F.
Z-7376-73oG851
Permit type aslu Aspen Land Use
Address 0 RIO GRANDE PARK
__ ..
Cky IASPEN
Permit Information
Permit # 0007.2011 ASLU
Apt/Suite
State CO Zip 81611
Master permit Routing queue asluO7 Applied 2/9/2011
Project Status pending Approved
Description SPAAMENDMENT FOR NEW TENT AND ENTRYAREA Issued
Final
Submitted Clods Fu�;n7D F Expires 2/4/2012
Submitted via
Owner
Last name THEATRE ASPEN First name L 110 E HALLAM
STE 103
Phone (970) 925-9313 I Address ASPEN CO 81611
Applicant
Owner is applicant? Contractor is applicant?
Last name CHARLES CUNNIFFE ARCS First name
Phone I (970) 925-5590 I Cust # L200 Address
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