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AGENDA ASPEN PLANNING AND ZONING COMMISSION REGULAR MEETING TUESDAY, November 1, 2011 (THEATRE ASPEN SITE VISIT AT 3:30 PM, MEET AT THE SITE) 4:30 p.m. Sister Cities room 130 S. Galena Street, Aspen I. ROLL CALL II. COMMENTS A. Commissioners B. Planning Staff C. Public III. MINUTES IV. DECLARATION OF CONFLICT OF INTEREST V. PUBLIC HEARINGS — A. Theater Aspen, Rio Grande Park— SPA Amendment VI. OTHER BUSINESS VII. BOARD REPORTS VIII. ADJOURN Next Resolution Number: 20 P1 MEMORANDUM TO: City of Aspen Planning and Zoning Commission THRU: Jennifer Phelan, Community Development Deputy Director FROM: Jessica Garrow, Long Range Planner RE: Theatre Aspen SPA Amendment MEETING DATE: November 1, 2011 APPLICANT: SUMMARY: Theatre Aspen, Emily Zeck The Applicant requests an amendment to the Rio Grande SPA and Executive Director a Growth Management Review for Essential Public Facilities to construct a permanent lobby structure and to retain the OWNER: performance tent framing, stage, and seating on the site during the City of Aspen winter. REPRESENTATIVE: STAFF RECOMMENDATION: Will Young, Charles Staff recommends approval, with conditions, of the SPA Cunniffe Architects amendment, and growth management review. LOCATION: r. Rio Grande Park 4 ) ' ` ° 505 Rio Grande Place - 1 i-a ; „till ;. $ • CURRENT ZONING & USE Public (PUB) with an SPA overlay PROPOSED LAND USE: Theatre Use (Theatre Aspen) The picture above shows the performance tent framing with the stage and seating under protective cover. LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approvals: • Specially Planned Area Amendment for a new lobby structure and to allow the performance tent frame, stage, and seating to remain onsite year -round pursuant to Land Page 1 of 6 P2 Use Code Section 26.440.050 (City Council is the final review authority following a recommendation from the Planning & Zoning Commission). • Growth Management Review for an Essential Public Facility pursuant to Land Use Code Section 26.470.090.4 (City Council is the final review authority following a recommendation from the Planning & Zoning Commission). • The Planning & Zoning Commission determines the number of employees generated pursuant to Land Use Code Section 26.470.100.1. PROJECT BACKGROUND: The Applicant has requested an Insubstantial SPA Amendment and a Growth Management Review for an Essential Public Facility in order to construct a permanent lobby structure and to leave the performance tent frame, stage, and seating up on the site year- round. 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 Loewenstern managed the organization. A few years later, approximately in 1993, funds were raised to purchase the tent that was in place in the park between 1995 and 2010. City Council approved Ordinance 24, Series of 1995 (see Exhibit H), allowing a tent to be erected in Rio Grande Park each year between mid -May and mid - September. 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. Ordinance 24, Series of 1995 gave Theatre Aspen an Essential Growth Management approval for the seasonal activities. In early 2011, the applicant met with City Council in a work session to review potential changes to the lease and to discuss options for improvements to the theatre use on Rio Grande Park. Based on the feedback at that work session, the lease was amended and staff processed a minor SPA amendment to replace the tent, re -orient the entrance, and replace some of the ancillary structures. The approval required Theatre Aspen to comply with all previous conditions of Ordinance 24, Series 1995. These approvals result in truck trips on the trails in Rio Grande Park each year for erecting and dismantling the tent each season. See the application (Exhibit C) for a copy of the lease and the administrative approvals. Theatre Aspen has applied for a Major SPA Amendment, a Growth Management Review for Essential Public Facility, and other associated reviews, to allow the construction of a permanent lobby structure, and to allow the tent frame, stage, and seating to remain up year - round. The application was made in the late summer, which did not provide enough time to process the request before the mid - September deadline outlined in their existing approvals. The applicant then requested a temporary use approval from City Council to cover the interim time between mid - September and the time in which P &Z and City Council can review the Major SPA Amendment. A copy of that approval and meeting minutes is attached as Exhibit I. Page 2 of 6 P3 PROJECT SUMMARY: Theatre Aspen is proposing a new permanent lobby structure of 1,947 square feet and 24 feet in height. This is approximately the same size as the temporary tent that is used for the lobby from mid -May to mid- September each year. In addition, it is the same height and has the same roof form are the performance tent. The structure would be located adjacent and immediately to the east of the tent structure. During the summer theatre season, the ticketing and concessions functions would be incorporated into the structure. In the winter, the structure would be used for storage of ancillary items that are currently stored elsewhere on the site or off -site. The structure will provide a permanent presence for Theatre Aspen in the park. Theatre Aspen has been working closely with the Parks Department on this concept. This would reduce the number of trips generated by the theatre. Theatre Aspen is also proposing to leave the performance tent structure (without the sides and roof), the stage, and the seating up on the site year - round. This will result in fewer truck trips (and thus less impact to the trails) each year for the erection and dismantling of the tent. City Council approved a temporary use permit to allow these items to remain up this winter season. This was done to give staff, P &Z, Council, and the community and opportunity to review what „ visual impact leaving these items up year -round will have on the park and surrounding areas. In addition, staff requested that Theatre Aspen articulate what signage they would like to have. The sign code does not provide direction on this unique situation, so staff as advised Theatre Aspen to submit a sign plan that will be incorporated into the SPA. A copy of Theatre Aspen's request is in Exhibit E. Finally, Theatre Aspen has indicated that there are certain requirements from the national actor's association that require adequate screening of the actors from the general public. Due to these requirements, Theatre Aspen has requested approval under the SPA for a fence in the "back of house" area during the summer theatre season. The fence is 10 feet in height and approximately 25 feet in length. A site plan showing the approximate location of the proposed fence and a photo of the fence from this past season is attached in Exhibit K. Attached as Exhibit L are two letters from the tent companies Theatre Aspen uses- one who sold the tent and framing to Theatre Aspen and another who assembles and disassembles the tent. Exhibit M contains public letters on the project. STAFF COMMENTS: SPECIALLY PLANNED AREA The Applicant is requesting an amendment to the Rio Grande SPA to construct a permanent lobby structure, and to leave the performance tent frame, stage, and seating up year- round. The Theatre Aspen tent is currently erected each year in mid -May and removed each year in mid - September. This generates approximately 48 truck trips a year on the trails in Rio Grande Park. The permanent structure will eliminate some of these trips by providing storage for ancillary items on -site rather than in off -site storage. Leaving the performance tent frame, stage, and seats up year -round will eliminate a majority of these trips. The applicant proposes to leave the performance tent frame up, with no covering during the time when the Theatre is not in use Page 3 of 6 P4 (mid- September to mid -May). The regular canvas roof and sides will be removed by mid - September and stored for the winter to avoid weather damage. The frame was designed to withstand weathering. The applicant also proposes the stage and seating remain on the concrete pad under protective covering. Trips will continue to be required for deliveries of food during the performance season, and the removal of the canvas covering of the tent. Staff Comments: The proposed improvements do represent a visual impact on the park Staff believes that the new permanent structure will be an improvement to the site by providing a more permanent presence for the theatre in the park, and by creating a "visual cue" for park visitors to walk access the John Denver Sanctuary. Staff suggests that prior to City Council review the applicant explore additional design options for the permanent lobby structure, including a flat roof or shed roof form, the use of a different roofing material (like corrugated metal), or a slight difference in height between the lobby and the performance tent. Staff believes more visual interested is needed for this structure. Staff had some concerns with the original proposal to allow the tent frame, stage, and seating remaining on the site year - round. The original proposal would have the framing remain up, with a tarp covering the seating and stage. Staff was concerned that this created a look of incompleteness akin to a defunct construction site. Staff has worked with the applicant to explore other options to address the visual impact the tent frame, stage and seating will cause. Staff supports the revised plans that would provide temporary "walls" around the tent frame to help screen the stage and tent, while providing the feel that the site is not an abandoned construction project. Staff supports the use of these "walls," and supports a basic design/shadowing pattern on the walls to help make the site look more designed and complete (see Exhibit F, page 3). Both Parks and Planning staff are supportive of the improvements because they will result in less "wear and tear" on the Rio Grande Park Currently an average of 48 truck trips are generated through the putting up and taking down of the tent and ancillary items each year. This use impacts the trails and the park in general. This proposal will significantly reduce these impact to the park and park users. The applicant has worked with staff on a signage plan that would create a common look for theatre signage. The signage would include two `poster boxes" announcing the shows that will be playing during the season. The boxes could not be used for advertising of anything unrelated to the Theatre. In addition, the applicant has originally proposed a large "marquee sign" that would clearly identi Theatre Aspen. Planning and Parks staff expressed concerns related to this sign because of its height and "urban" feel in a natural park setting. The applicant has agreed to eliminate this large sign and replace it with a more subtle sign on a large rock Exhibit J illustrates the recommended sign type and location (both from the Parks Department). Staff finds the request meets the SPA review criteria and recommends approval of the request, with conditions. GROWTH MANAGEMENT REVIEW - ESSENTIAL PUBLIC FACILITY Page 4 of 6 • P5 The Applicant is proposing to construct a permanent lobby structure that will require a Growth Management Review. The new lobby structure is approximately 1,947 square feet and 24 feet in height. This is approximately the same size as the temporary tent that is used for the lobby from mid -May to mid- September each year. The tent framing, stage, and seating do not require a growth management review. Due to the current existence of a ticketing and concessions area, the applicant does not plan on hiring any additional employees (FTE or full -time equivalent) following the construction of the permanent lobby structure. The applicant has provided documentation of the number of employee /volunteer hours for 2010 and 2011, and what is being proposed for 2012. A FTE (full - time equivalent) is described as an employee who works 2,080 hours per year (40 -hour work week X 52 weeks out of the year). By utilizing this formula, the breakdown of employees for each year is as follows: 2010 24,908 _ 2,080 = 11.98 FTE's 2011 25,408 _ 2,080 = 12.22 FTE's 2012 25,249 _ 2,080 = 12.14 FTE's The Planning & Zoning Commission determines the number of employees generated pursuant to section 26.470.100.1. Based on this information, and pursuant to Section 26.470.090.4, Growth Management Review: Essential Public Facilities (EPF) of the City of Aspen Land Use Code, the "City Council may assess, waive or partially waive affordable housing mitigation requirements as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals." The applicant states that the seasonal use of the structure will not generate any new employees. In fact, the hours provided by the applicant show the potential for a decrease in the number of FTE's from 2011 to 2012. The Housing Board has recommended that an employee audit be required to verify that no additional employees are generated from this development. Staff Comments: Staff finds the request meets the Essential Public Facility Growth Management review criteria and recommends approval of the request, with conditions. Specifically, based on comments from the Housing Board, Staff recommends an employee audit be conducted after a year of operation to determine if any new employees have been generated. REFERRAL COMMENTS: Staff from Housing, Parks, Engineering, Fire, Building, Water & Utilities, Sanitation, and Environmental Health reviewed this project. All the comments are attached in Exhibit B. Applicable comments were incorporated into the Resolution. The original approval in 1995 permitted the tent to be assembled in the park from "mid -May to mid - September" of each year. The Parks Department has requested that the timeframe the tent is up be changed to April through October of each year. This change will enable the Parks Department to better coordinate the seasonal changes and needs of the park. This change has been incorporated into the Resolution. • Page 5 of 6 P6 The Environmental Health Department monitors all noise and food service in the City. They have requested a noise monitoring plan for the site. Theatre Aspen has worked with the department on these in the past, and this condition will formalize the requirement. This requirement has been incorporated into the Resolution. RECOMMENDATION: Staff recommends approval of the request with conditions. RECOMMENDED MOTION: "I move to approve the request for an Amendment to the Rio Grande Specially Planned Area and an Essential Public Facility Growth Management Review to allow Theatre Aspen to construct a permanent lobby structure of 1,947 square feet and 24 feet in height and to allow Theatre Aspen to maintain their performance tent framing, stage, and seating year - round, with conditions as noted in Resolution No. Series of 2011" ATTACHMENTS: EXHIBIT A — Review Criteria and Staff Findings EXHIBIT 13 — DRC Comments EXHIBIT C — Application EXHIBIT D — Additional Materials from Applicant (Dated September 9, 2011 — responses to Planning Staff questions and information on employees) EXHIBIT E — Additional Materials from Applicant (Dated October 3, 2011 — site plans and master sign request) EXHIBIT F — Additional Materials from Applicant (visual renderings) EXHIBIT G — Additional Materials from Applicant (Dated October 12, 2011 — responses to additional Planning Staff questions) EXHIBIT H — Ordinance 24, Series 1995 (original approval) EXHIBIT I — Temporary Use approval (Resolution 60, Series 2011 and minutes) EXHIBIT J — Visuals of staff recommended sign changes EXHIBIT K — Site plan and picture of proposed actor's privacy fence EXHIBIT L — Letters from tent manufacturer and assembly company EXHIBIT M — Letters from the public Page • P7 RESOLUTION NO. (SERIES OF 2011) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE A SPECIALLY PLANNED AREA (SPA) AMENDMENT, AND AN ESSENTIAL PUBLIC . FACILITY GROWTH MANAGEMENT REVIEW, FOR THEATRE ASPEN TO CONSTRUCT A PERMANENT LOBBY STRUCTURE AND TO ALLOW THEATRE ASPEN TO MAINTAIN THEIR TENT FRAME, STAGE, AND SEATING ON -SITE DURING THE WINTER AT RIO GRANDE PARK, 505 RIO GANDE PLACE, CITY OF ASPEN, COLORADO, LEGALLY DESCRIBED AS: LOT 1 OF THE RIO GRANDE SUBDIVISION. Parcel ID 2737- 073 -06 -851 WHEREAS, the Community Development Department received an application from Theatre Aspen, represented by Charles Cunniffe Architects, requesting approval of a Specially Planned Area (SPA) amendment, and an Essential Public Facility Growth Management Review, to construct a permanent lobby structure and to permit the theatre tent framing, stage, and seating to remain on -site year round; and, WHEREAS, the Applicant requests a recommendation by the Planning and Zoning Commission to the City Council for a Specially Planned Area (SPA) Amendment, and Essential Public Facility Growth Lodge Management Review; and; WHEREAS, the property is located in the Rio Grande Park and is zoned Public (PUB) with an SPA Overlay; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended the Applicant amend the proposal to better comply with the requirements of a Specially Planned Area (SPA); and, WHEREAS, during a duly noticed public hearing on November 1, 2011, Planning and Zoning Commission approved Resolution No. , Series of 2011, by a to _ (_ - _J vote, recommending city Council approve an amendment to the Rio Grande SPA and an Essential Pubic Facilities Growth Management Review for Theatre Aspen; and, WHEREAS, the Planning and Zoning Conunission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment; and, Resolution No _, Series 2011 Page 1 of 5 P8 WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby recommends City Council approval of a Specially Planned Area (SPA) amendment to the Rio Grande SPA, and an Essential Public Facility Growth Management Review subject to the following conditions. Section 2: Design The permanent lobby structure shall comply with the plan shown at the November 1 2011 P &Z meeting, and attached as Exhibit A. The tent framing shall be covered with a roof, as weather allows, from April to October of each calendar year. From October to April of each calendar year, the tent framing shall not be covered with a roof. Temporary sides shall be installed to shield the stage and seating from view. The stage and seating shall be under protective cover and located on the existing concrete pad. This is attached as Exhibit B. Theatre Aspen shall provide a security check of the site at least three times per week to ensure the site remains safe and secure. Section 3: Signage A revised signage plan reflecting changes discussed with staff and the Planning and Zoning Commission shall be submitted to staff prior to City Council review. This shall include replacing a proposed marquee sign with a less imposing sign on a low -lying rock, as outlined in the P &Z meeting on November 1, 2011 and the staff memo for said meeting: Section 3: Temporary Fencing The temporary fencing shown in Exhibit C shall be temporary, and shall only be erected during the theatre season, but no longer than from mid -May to mid- September each year. Before City Council Review, the applicant shall determine the minimum dimensions required to comply with the Actors' Equity Association Small Professional Theatre Rulebook Sec. 48.A.2 -4. The fencing shall be constructed in a manner that does not prevent or limit the use of the trash enclosure for trash storage. Resolution No , Series 2011 Page 2 of 5 P 9 Section 4: Essential Public Facility Growth Management Review - Affordable Housing Mitigation Theatre Aspen shall conduct an employee audit one year after final City Council approval for the permanent lobby structure. Volunteer hours shall not be included in the audit. Any additional employees that are not a result of the Rio Grande improvements shall be indicated in the report. However, only those employees that are a result of the improvements shall be subject to future mitigation. The Housing Authority shall request the audit from Theatre Aspen. Failure to request the audit shall not render any of the approvals invalid. Theatre Aspen shall provide the Housing Authority and the Community Development Department with the audit report. The Housing Authority and Community Development shall forward the audit to the Housing Board, P &Z and/or City Council for review, as applicable. Section 5: Parks Theatre Aspen shall coordinate all improvements with the Parks Department to ensure they comply with the Parks Department's Master Plan for Rio Grande Park. The applicant shall ensure the site is clean and secure at all times. The applicant shall work with the Parks Department to ensure compliance during the fall and winter months when the tent is taken down each year. Section 6: Environmental Health Theatre Aspen shall undertake a noise monitoring program for its productions to ensure compliance with the City's noise ordinance. The noise monitoring program shall verify compliance with the noise ordinance, by Theatre Aspen staff, before opening night of each production. It shall also include continued monitoring throughout the summer theatre season given background noise levels may vary. Noise level readings shall be taken at multiple locations along the property line of the Rio Grande Park. The noise monitoring program shall be filed with the City of Aspen Environmental Health Department, who may require it to be updated as needed. Concessions at the tent historically have only been pre - packaged, non - potentially hazardous foods, and beverages without ice, due to the fact that Theatre Aspen does not hold a food service license nor have permanent plumbing. For special events serving food held at Theatre Aspen a temporary food permit must be submitted for approval to the Aspen Environmental Health Department prior to the event to ensure the protection of public health. Section 7: Engineering The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. A construction management plan should be submitted as part of building permit. Resolution No -, Series 2011 Page3of5 • P10 Section 8: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. No lighting shall be permitted in the stream margin area (fifteen (15) foot setback area from top of slope) or in any area below the top of slope line (toward the river) unless it is in the exact location of the existing lighting and requires no additional disturbance to the stream margin area. Section 9: Theatre Aspen Lease Within 180 days of City Council approval, Theatre Aspen shall re- execute their long- term lease on the Rio Grande Park to reflect any changes that result from said approvals. Section 10: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission 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 an authorized entity. Section 11: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding 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 12: If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this th day of November, 2011. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: James R. True, Special Counsel Stan Gibbs, Chair ATTEST: Jackie Lothian, Deputy City Clerk Resolution No , Series 2011 Page 4 of 5 P11 EXHIBITS: - Exhibit A: Plans for the permanent lobby structure Exhibit B: Rendering of tent framing and screening Exhibit C: site plan indicating location of proposed actor's privacy fence. Resolution No J Series 2011 Page 5 of 5 P1 2 Exhibit A 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. Staff Finding: A theatre use is appropriate for the site. Theatre Aspen has been operating in Rio Grande Park since the early 1990s, and recently signed a 10 -year lease with the City to continue operations. Theatre Aspen has been working with the Parks Department to coordinate improvements around the site, including landscaping. The Rio Grande Park Master Plan is being used to guide landscaping improvements, including storm water improvements. Theatre Aspen has also been working with the Parks Department on the physical improvements to the theatre site, including the addition of a permanent structure and leaving the tent framing up on a year -round basis. The Parks Department is supportive of the improvements because they create a permanent presence in the park and a gateway to the John Denver Sanctuary. It will also result in fewer truck trips on the trails due to the yearly tent construction and tear down. The proposal will have a visual impact on the area. Theatre Aspen has worked with staff to come up with a solution that will minimize the impact. Planning staff has some suggestions for design solutions that may be more appropriate for the site. Staff suggests that prior to City Council review the applicant explore additional design options for the permanent lobby structure, including a flat roof or shed roof form, the use of a different roofmg material (like corrugated metal), or a slight difference in height between the lobby and the performance tent. Staff believes more visual interested is needed for this structure. See also Review Criteria 4. Staff finds this criterion to be met. 2. Whether sufficient public facilities and roads exist to service the proposed development. Staff Finding: The Theatre Aspen tent is currently erected each year in mid -May and removed each year in mid - September. This generates approximately 48 truck trips a year on the trails in Rio Grande Park. The permanent structure will eliminate some of these trips by providing storage for ancillary items on -site rather than in off -site storage: Leaving the tent frame, stage, and seats up will eliminate a majority of these trips. Trips Page 1 of 4 P13 will continue to be required for deliveries of food during the performance season, and the removal of the canvas covering of the tent. The Parks Department has requested that the timeframe the tent is up be changed from "mid -May to mid - September" each calendar year to April through October. This change will enable the Parks Department to better coordinate the seasonal changes and needs of the park. This change has been incorporated into the Resolution. Staff finds this criterion to be met. 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. Staff Finding: Theatre Aspen has operated in the same location since the early 1990s. The site is suitable for the continued use of the Theatre. The area is generally flat, and is located out of the stream margin review area. Staff finds this criterion to be met. 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. Staff Finding: The Theatre Aspen tent is currently erected each year in mid -May and removed each year in mid - September. This generates approximately 48 truck trips a year on the trails in Rio Grande Park. The permanent structure will eliminate some of these trips by providing storage for ancillary items on -site rather than in off -site storage. Leaving the tent frame, stage, and seats up will eliminate a majority of these trips. Trips will continue to be required for deliveries of food during the performance season, and the removal of the canvas covering of the tent. The Parks Department is supportive of the application because of the significant decrease in wear and tear on the park and trails. There are no protected view plans in the Rio Grande Park. However, the proposed improvements do represent a visual impact on the park. Staff believes that the new permanent structure will be an improvement to the site by providing a more permanent presence for the theatre in the park, and by creating a "visual cue" for park visitors to walk access the John Denver Sanctuary. Staff believes a slight change in the design and/or materials of the structure would provide a more appropriate design for the site. Staff had some concerns with the original proposal to allow the tent frame, stage, and seating remaining on the site year- round. The original proposal would have the framing remain up, with a tarp covering the seating and stage. Staff was concerned that this created a look of incompleteness akin to a defunct construction site. Staff has worked with the applicant to explore other options to address the visual impact the tent frame, Page 2 of 4 P14 stage and seating will cause. Staff supports the revised plans that would provide temporary "walls" around the tent frame to help screen the stage and tent, while providing the feel that the site is not an abandoned construction project. Staff supports the use of these "walls," and supports a basic design/shadowing pattern on the walls to help make the site look more designed and complete. The applicant has also worked with staff on a signage plan that would create a common look for theatre signage. The signage would include two "poster boxes" announcing the shows that will be playing during the season. The boxes could not be used for advertising of anything unrelated to the Theatre. In addition, the applicant has originally proposed a Large "marquee sign" that would clearly identify Theatre Aspen. Planning and Parks staff expressed concerns related to this sign because of its height and more "urban" feel in a natural park setting. The applicant has agreed to eliminate this large sign and replace it with a more subtle sign on a large rock (see Exhibit J) Staff finds this criterion to be met. 5. Whether the proposed development is in compliance with the Aspen Area Comprehensive Plan. Staff Finding: The Theatre Aspen use provides arts and cultural opportunities consistent with the Art, Culture, and Education section of the 2000 Aspen Area Community Plan. The proposal will reduce some costs borne by the applicant for the removal of the tent structure each year. This may enable the organization to use more of its resources on programming. The proposal supports general policies and goals in the Parks, Open Space & the Environment section of the 2000 AACP in that it will result in a lessened impact on the trails in Rio Grande Park. In addition, the Civic Master Plan (CMP) was adopted in 2006 as a Regulatory Document that includes sections on the Rio Grande Park. The CMP acknowledges the Theatre Aspen use on the park, but does not speak to any specific design or development requirements for the Theatre. The CMP does discuss the important of providing gateways to the John Denver Sanctuary and to including storm water improvements in the park. The CMP supersedes the Rio Grande Master Plan from 1993, and any development in Rio Grande Park is no longer evaluated against the 1993 plan. Staff finds this criterion to be met. 6. Whether the proposed development will require the expenditure of excessive public funds to provide public facilities for the parcel or the surrounding neighborhood. Staff Finding: The Parks Department has been working on a master plan for the Rio Grande Park for a number of years. The improvements at the theatre Aspen site have provided an opportunity for the Parks Departments to collaboratively work with Theatre Aspen to improve the drainage in the area, and to create another "gateway" to the John Page P15 Denver Sanctuary. The proposed permanent structure will create a visual cue for visitors to visit the John Denver Sanctuary. (See the second to last page in the application for a copy of the Parks Press Release related to these improvements) The proposal will not require the expenditure of additional City funds. Staff finds this criterion to be met. 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. Staff Finding: There is no development proposed on slopes. Staff finds this criterion to be met. 8. Whether there are sufficient GMQS allotments for the proposed development. Staff Finding: The applicant has applied for a growth management review for the new , permanent structure under the Essential Public Facilities review. There are no specified allotments in the land use code for these types of projects, but the applicant has demonstrated compliance with the applicable review criteria. Staff finds this criterion to be met. B. Variations permitted. The final development plan shall comply with the requirements of the underlying zone district; provided, however, that variations from those requirements may be allowed based on the standards of this Section. Variations may be allowed for the following requirements: open space, minimum distance between buildings, maximum height, minimum front yard, minimum rear yard, minimum side yard, minimum lot width, minimum lot area, trash access area, internal floor area ratio, number of off - street parking spaces and uses and design standards of Chapter 26.410 for streets and related improvements. Any variations allowed shall be specified in the SPA agreement and shown on the final development plan. Staff Finding: There are no specified dimensional requirements for the Rio Grande Park SPA. The proposal will result in 1,947 square feet of new Essential Public Facility space to construct a permanent lobby structure. The tent framing is not considered floor area. Staff finds this criterion to be met. Page 4 of 4 P16 Exhibit A Sec. 26.470 Growth Management Quota System. (Review Criteria) Sec. 26.470.090.City Council applications. The following types of development shall be approved, approved with conditions or denied by the City Council, pursuant to Section 26.470.110, Procedures for review, and the criteria for each type of development described below. Except as noted, all growth management applications shall comply with the general requirements of Section 26.470.050. Except as noted, all City Council growth management approvals shall be deducted from the respective annual development allotments and development ceiling levels. 4. Essential public facilities. The development of an essential public facility, upon a recommendation from the Planning and Zoning Commission, shall be approved, approved with conditions or denied by the City Council based on the following criteria: a. The Community Development Director has determined the primary use and /or structure to be an essential public facility (see definition). Accessory uses may also be part of an essential public facility project. Staff Finding: Theatre Aspen received approval in 1995 for the temporary tent as an essential public facility. Staff believes Theatre Aspen continues to meet the definition of an Essential Public Facility. Staff finds this criterion to be met. b. Upon a recommendation from the Community Development Director, the City Council may assess, waive or partially waive affordable housing mitigation requirements as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals. The employee generation rates may be used as a guideline, but each operation shall be analyzed for its unique employee needs, pursuant to Section 26.470.100, Calculations. Staff Finding: Theatre Aspen states that no additional employees are generated by this approval. The proposal is for a structure that will house existing operations in a more visually pleasing manner, and will be used as storage when the Theatre is not in use from September = May each year. The Housing Board reviewed the proposal, and requested that an audit of employees be done after one year of operation. Planning staff and the Housing Board are not prepared to make a recomrirendation on the amount of mitigation required at this time, as it is anticipated that no new employees will be generated from this proposal. Staff recommends that if the number of employees has increased due to the development (not general changes to the operation or specific plays shown that season) that Theatre Aspen return to City Council to determine if any mitigation is required. Sec. 26.470.100. Calculations. A. Employee generation and mitigation. Whenever employee housing or cash -in -lieu is required to mitigate for employees generated by a commercial or lodging development, there shall be an analysis and credit for employee generation of the existing project, prior to redevelopment, and an employee generation analysis of the proposed development. The Page 1 of 5 P17 employee mitigation requirement shall be based upon the incremental employee generation difference between the existing development and the proposed development. 1. Employee generation. Applicants may request an employee generation review with the Planning and Zoning Commission, pursuant to Section 26.470,110, Growth management review procedures, and according to the following criteria. All essential public facilities shall be reviewed by the Planning and Zoning Commission to determine employee generation. In establishing employee generation, the Planning and Zoning Commission shall consider the following: a. The expected employee generation of the use considering the employment generation pattern of the use or of a similar use within the City or a similar resort economy. Staff Finding: The number of Theatre Aspen employees can change each year based on the various productions. In addition, they use a significant number of volunteers during the performance season. They do not anticipate new employees to be generated based on this development. Staff finds this criterion to be met. b. Any unique employment characteristics of the operation. Staff Finding: Theatre Aspen offices are located off -site in the Red Brick. They have been located there for 10 years, and anticipate remaining there into the future.. Staff finds this criterion to be met. c. The extent to which employees of various uses within a mixed -use building or of a related off -site operation will overlap or serve multiple functions. Staff Finding: Theatre Aspen offices are housed off -site and will continue to be located off -site following the development of the proposal. The off -site operations support the theatre operation. Staff finds this criterion to be met. d. A proposed restriction requiring full employee generation mitigation upon vacation of the type of business acceptable to the Planning and Zoning Commission. Staff Finding: Theatre Aspen is not proposing to relocate or change the type of business conducted on the site. They operate a theatre and have done so on the site since the 1990s. Staff finds this criterion to be met. e. Any proposed follow -up analyses of the project (e.g., an audit) to confirm actual employee generation. Staff Finding: The Housing Board has requested that an employee audit be conducted after one year of operation to determine if any new FTEs were generated Page 2 of 5 P18 from the project. This requirement has been incorporated into the P &Z Resolution. Staff finds this criterion to be met. f. For lodge projects only: An efficiency or reduction in the number of employees required for the lodging component of the project may, at the discretion of the Commission as a means of incentivizing a lodge project, be applied as a credit towards the mitigation requirement of the free - market residential component of the project. Any approved reduction shall require an audit to determine actual employee generation after two (2) complete years of operation of the lodge. Staff Finding: Staff finds this criterion to not be applicable. Sec. 26.470.050. General requirements. A. Purpose: The intent of growth management is to provide for orderly development and redevelopment of the City while providing mitigation from the impacts said development and redevelopment creates. Different types of development are categorized below, as well as the necessary review process and review standards for the proposed development. A proposal may fall into multiple categories and therefore have multiple processes and standards to adhere to and meet. B. General requirements: All development applications for growth management review shall comply with the following standards. The reviewing body shall approve, approve with conditions or deny an application for growth management review based on the following generally applicable criteria and the review criteria applicable to the specific type of development: 1. Sufficient growth management allotments are available to accommodate the proposed development, pursuant to Subsection 26.470.030.D. Applications for multi -year development allotment, pursuant to Paragraph 26.470.090.1 shall not be required to meet this standard. Staff Finding: There is no specified number of allotments for Essential Public Facilities. Theatre Aspen is requesting 1,947 square feet of new Essential Public Facility space to construct a permanent lobby structure. The structure will be used for concessions and ticketing during the Theatre season and will be used as storage during the time the theatre is not in operation (approximately Mid - September to mid -May). Staff finds this criterion to be met. 2. The proposed development is consistent with the Aspen Area Community Plan. Staff Finding: The Theatre Aspen use provides arts and cultural opportunities consistent with the Art, Culture, and Education section of the 2000 Aspen Area Community Plan. The proposal will reduce some costs borne by the applicant for the removal of the tent structure each year. This may enable the organization to use more of its resources on programming. The proposal supports general policies and goals in the Parks, Open Space & the Environment section of the 2000 AACP in that it will result in a lessened impact on the trails in Rio Grande Park. Page 3 of 5 P19 In addition, the Civic Master Plan (CMP) was adopted in 2006 as a Regulatory Document that includes sections on the Rio Grande Park. The CMP acknowledges the Theatre Aspen use on the park, but does not speak to any specific design or development requirements for the Theatre. The CMP does discuss the important of providing gateways to the John Denver Sanctuary and to including storm water improvements in the park. The CMP supersedes the Rio Grande Master Plan from 1993, and any development in Rio Grande Park is no longer evaluated against the 1993 plan. Staff fords this criterion to be met. 3. The development conforms to the requirements and limitations of the zone district. Staff Finding: There are no specified dimensional requirements for the Rio Grande Park SPA. The proposal will result in 1,947 square feet of new floor area. The tent framing is not considered floor area. Staff finds this criterion to be met. 4. The proposed development is consistent with the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval and the Conceptual Planned Unit Development approval, as applicable. Staff Finding: Staff finds this criterion to not be applicable. 5. Unless otherwise specified in this Chapter, sixty percent (60 %) of the employees generated by the additional commercial or lodge development, according to Subsection 26.470.100.A, Employee generation rates, are mitigated through the provision of affordable housing. The employee generation mitigation plan shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, at a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate. (Ord. No. 6 — 2010, §2) Staff Finding: Staff finds this criterion to not be applicable, as the project is being reviewed as an Essential Public Facility. 6. Affordable housing net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher, shall be provided in an amount equal to at least thirty percent (30 %) of the additional free - market residential net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher. Page 4 of 5 P20 Affordable housing shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, and be restricted to a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. Affordable housing units that are being provided absent a requirement ( "voluntary units ") may be deed - restricted at any level of affordability, including residential occupied. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26340.90 Criteria for Administrative Extinguishment of the Certificate, utilizing the calculations in Section 26.470.100 Employee /Square Footage Conversion. (Ord. No. 6 — 2010, §2) Staff Finding: Staff fords this criterion to not be applicable, as the project is being reviewed as an Essential Public Facility. The Housing Board has requested that an employee audit be conducted after a year of operation. Any mitigation would be reviewed based on the audit and the Essential Public Facilities review. 7. The project represents minimal additional demand on public infrastructure, or such additional demand is mitigated through improvement proposed as part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking and road and transit services. (Ord. No. 14, 2007, §1) Staff Finding: The Theatre Aspen tent is currently erected each year in mid -May and removed each year in mid - September. This generates approximately 48 truck trips a year on the trails in Rio Grande Park. The permanent structure will eliminate some of these trips by providing storage for ancillary items on -site rather than in off-site storage. Leaving the tent frame, stage, and seats up will eliminate a majority of these trips. Trips will continue to be required for deliveries of food, and the removal of the canvas covering of the tent. Staff finds this criterion to be met. Page 5 of 5 eik VIbigie 21 MEMORANDUM TO: Jessica Garrow, Community Development Department FROM: Cindy Christensen, Housing DATE: September 22, 2011 RE: THEATRE ASPEN Parcel ID No. ISSUE: The applicant is requesting approval to build a permanent ticketing/concessions area on the site in the Rio Grande Park. BACKGROUND: The applicant is requesting approval for the aluminum tent frame, the seating and stage platforms to remain up on a permanent, year round basis. There is currently a ticketing and concessions area on the site, but by making it a permanent structure, the applicant will be able to store items during the winter season allowing for less traffic into the area in the spring. Due to the current existence of a ticketing and concessions area, the applicant does not plan on hiring any more employees. The applicant has provided documentation of the number of employee /volunteer hours for 2010 and 2011, and what is being proposed for 2012. A FTE is described as an employee who works 2,080 hours per year (40 -hour work week X 52 weeks out of the year). By utilizing this formula, the breakdown of employees for each year is as follows: 2010 24,908 - 2,080 = 11.98 r 1 b's 2011 25,408 ± 2,080 = 12.22 FTE's 2012 25,249 - 2,080 = 12.14 FTE's Based on Section 26.470.090.4, Growth Management Review: Essential Public Facilities (EPF) of the City of Aspen Land Use Code, the "City Council may assess, waive or partially waive affordable housing mitigation requirements as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals." The applicant states that the seasonal use of the structure will not generate any new employees. The City Council, under Ordinance No. 24 (Series of 1995), granted Theatre in the Park an exemption from affordable housing mitigation under Section 26.470.090.4. The hours provided by the applicant shows the potential for a decrease in the number of lib's from 2011 to 2012. Staff would recommend that an employee audit be required in September 2012 to verify the number stated above. If at such time the number is over 12.22 FTE's, the applicant must provide mitigation for the additional FTE's. 1 P22 RECOMMENDATION: The Housing Board reviewed the application at their regular meeting held September 21, 2011, and recommended approval with the condition that after one year of Certificate of Occupancy, an employee audit be provided to the Aspen/Pitkin County Housing Authority (APCHA), and if the FTE is greater than 12.22, the applicant meet with the APCHA Board to discuss some type of mitigation in the form of a cash -in -lieu fee based on the average of Category 2 and 3 as stated in the Aspen/Pitkin County Employee Housing Guidelines in effect at that time. • 2 P23 MEMORANDUM To: Jessica Garrow, Community Development Department From: Jannette Whitcomb, Environmental Health Department Date: September 7, 2011 Re: Theatre Aspen, Major SPA amendment The City of Aspen's Environmental Health Department has reviewed the referenced land use submittal under authority of the Municipal Code of the City of Aspen, and has the following comments. AIR QUALITY: The proposed project consists of building a permanent ticketing /concessions area on their current site which will provide winter storage of tent material. Currently, the tent is broken down and the majority is hauled to an offsite storage location. The application did not specify how many trips would be reduced during pre & post production, only that there would be a reduction. Findings: • This project decreases the volume of traffic on streets in and into Aspen during pre & post production of Theatre Aspen by an undetermined number. NOISE: Historically, Theatre Aspen has had difficulties maintaining proper noise levels (50 decibels after 9pm) at the perimeter of the property during performances with amplified music. For the 2011 season a new tent was designed and constructed with aspects to mitigate noise. During the 2011 season, the Aspen Environmental Health Department did not receive any noise complaints related to Theatre Aspen's performances. In addition, Theatre Aspen staff monitored noise levels at various locations along the Rio Grande Park's property line for each production to ensure compliance. It is staffs opinion that the combination of the type of amplified music, the implementation of a noise monitoring plan and the new tent design was the reason for the reduction in complaints. Given the variety of performances with amplified music that Theatre Aspen produces, a permanent noise monitoring program is recommended for Theatre Aspen to ensure continued compliance with the city's noise ordinance. Staff recommends Theatre Aspen also consider concluding performances by 9pm when the type of amplified music could potentially exceed noise limits. Therefore staff recommends the following be added to the SPA approval: 1 P24 Theatre Aspen incorporates a noise monitoring program for its productions to ensure compliance with the City's noise ordinance. The noise monitoring program shall verify compliance with the noise ordinance, by Theatre Aspen staff, before opening night of each production. It will also include continued monitoring throughout the summer given background noise levels may vary. Noise level readings shall be taken at multiple locations along the property line of the Rio Grande Park. FOOD PROTECTION: 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 nor have permanent plumbing. For special events serving food held at Theatre Aspen a temporary food permit must be submitted for approval to the Aspen Environmental Health Department prior to the event to ensure the protection of public health. For details on food safety requirements at temporary food permits contact CJ Oliver at 920 -5008 with the Aspen Environmental Health Department. 2 P25 Memorandum Date: September 1, 2011 To: Jessica Garrow, City of Aspen Planning From: Brian Flynn, Parks Department Re: Theatre Aspen SPA 1. There is a request to Amend Ordinance 24, section 2, item 4, speaks of a financial reimbursement if changes to the tent area need to be made on behalf of the Phase 11 storm water project. Please confirm that Parks Management is supporting this amendment. 2. Theatre Aspen project staff is encouraged to re- evaluate the access roads (trails) into and out of the service area. Considerations should be made for site lines, turning radius, bus stops, curb cuts and possible conflicts with multiple users • P2 6 Building and Zoning DRC Comments Building comments 1) The permit issued this spring will need to be extended or the work needs to commence within one year of permit issuance. - 2) The overview platform will require guard protection. 3) The applicant needs to provide a plan to secure the site to protect against weather and pedestrian traffic. 4) The emergency access to the tent and through the park will require Fire department approval. Zoning Comments Below, please find our concerns and requests: 1. Provide clear dimensions of existing and proposed square footage/FA with complete with floor plans. 2. Provide existing and proposed elevations. 3. 26.435.040(C)((i) provide survey /plan which illustrates the development does not exceed the delineated height limit from top of slope. 4. 26.435.040(C)((j)Iighting plan: please provide specifics for proposed plan. For example, the "party Lights medium base stringer, 90'length' it is not evident the light is opaque. Per the site plan the `Iceland 44' are located in the trash enclosure? The lighting schedule has more lights than illustrated by the lighting plan. 5. Proposed and existing signage shall meet current sign code. The proposed clear material of the lobby change the previously compliant signage on the concession and ticket structures. 6. Please provide one site plan to avoid confusion with multiple scenarios. toritbitl> P 27 © A CHARLES CUNNIFFE ARCHITECTS September 9, 011 Jessica Garrow, AICP Long Range Planner Community Development Department City of Aspen 130 South Galena Street Aspen, CO 81611 Jessica, Thanks for the questions I have combined our responses which are in italics below. 1. On the Growth Management piece, we need more information about employees. You state that there will not be an increase in employees (FTEs), but there are no figures. Can you provide a more detailed explanation, including how many employees/volunteers are needed for the operation now, how the new space will be used in the future, and how that will impact the number of employeeslvolunteers. See Pdf attachment for employee breakdown. Though we will be converting part-time cleaners to a new full -time position, the full -time administrative staff will see a drop in the hours that have been devoted to the project thus far. Hence, total employee hours from 2011 to 2012 is a net loss. Please note that these include °staff' only— not our creative personnel such as actors, directors, and designers; the number of these employees and hours are highly variable with programming choices, and programming choices are not affected by the proposed development. This development is a seasonal venue. Also, how do you envision the space being used when there are no shows (i.e. mid-Sept — mid -May when nothing occurs there now)? We do not intend to actively use the space in the off season. If the lobby structure is permitted under this Major SPA application to remain standing year round it will be used for storage of seasonal performance items which would normally be exposedAarped on site. Theatre Aspen would not be operating out of it in the off season. Will it be used as storage? Will you be operating out of it? The existing growth management approval is for a seasonal use, so any increase to a year -round use will impact the growth management review. It may also impact the comments from environmental health about food service if there is food service year- round. See response above. Also, what are the dimensions (i.e. square footage, height, length, width) of the new concessions area? (On a side note, it's not clear from the SPA application that these areas are existing and were part of the original approval, so if you could provide that info as part of your supplemental info that would be helpful.) This application is requesting approval to allow the 'Lobby structure" to remain up on a year round basis. The lobby structure houses a free standing ticket booth (64 sq. ft. x 10' high) and a concession booth (192 sq. ft. x 10' high) within its overall enclosure. Both these structures fall within the size and height limitations as outlined under Ordinance No. 24 (series 1995) and the 2011 Lease agreement. The lobby structure is approximately the same size 33' x 59' as the past years lobby tent. Its maximum height, which is the top of the cupola is 24' just under the max. height of the previous tent enclosure of 24'- 2'/. ". All three of these structures along with the performance tent were existing structures on P28 D A • CHARLES CUNNIFFE ARCHITECTS the site previously and had been granted under Ord. 24, the approved Insubstantial SPA amendment and the 2011 Lease agreement to be replaced. 2. The application shows some signage that is larger than what is allowed under our sign code. I know that Claude brought this to your attention during her building permit review earlier this year. If you want to have the signs as depicted, please provide additional information including size and location. We may be able to lump that into the SPA, but before I know for sure we need more info. A detailed signage plan might be helpful. Per Sect. 26.510.100 Sign Allotment- We would like to request the signage allotment increase as stated under item 7. - Lot of 27,000 or more square feet with one building and one 1 tenant shall be granted twenty 20 square feet of signage per applicable frontage The limitations for individual sign size shall match that of Lodge Use signs (26.510.110. E). Given our remote location within Rio Grande Park and that we are the only tenant in this location, we would also like to request an increase to the allowed max. height of a freestanding sign from 6' max. to that which we have illustrated on sheet A3.1, included in the SPA package. This would allow for greater site usage and visibility for this ?emote" site location. We will submit a signage package /application for approval prior to the lobby construction. 3. I was walking by the site last week and noticed a large fence that seems to shield the trailers. I have looked through the planning approval and the building permit, and no fence was approved. If you would like a fence we should probably memorialize it in this approval. Please provide information on the fence - its dimensions and purpose. Actors' Equity Association Small Professional Theatre Rulebook, Sec. 48.A.2 -4 states: "Toilets and lavatories shall be...separate facilities from those provided for the audience....Any walkway between the dressing rooms and toilet facilities shall be masked from the view of the audience." The fence is our attempt to comply with this rule. It's approximately 10 feet tall and spans approximately 25 feet. Though originally a union compliance issue, it provides the added benefit of shielding the backstage personnel area from view of the audience, making it a more professional theatre environment for both audience and staff. It is a seasonal structure put up and taken down each season. 4. You make some statements about how leaving the tent frame, stage, and seating up year -round will decrease truck traffic in the area. Can you quantify that? It would decrease the truck traffic in the area in relation to the amount of trucks going to and from the site in mobilizing, assembling and disassembling the tent, stage, seating platform and lobby structure each season. Primary access to and from the site currently is down the pedestrian path between the skate board park and Rio Grande field. We approximate that 48 truck 'legs" through the Park would be rendered unnecessary by this approval. This includes 1 truck load to bring the tent frame at the beginning of the season, 1 truck to bring the heavy equipment (forklift) required only to raise the tent frame, approximately 10 trucks to bring the stage and seating in from off site, and then the same numbers in order to remove everything from the site at the end of the season, totaling 48 trips to the site through the Park. Because we are limited by the size of trucks we can bring, this often leads to an increase in the number of trips. There would also be larger equipment i.e. hoists/small cranes needed to P29 • ©A CHARLES CUNNIFFE ARCHITECTS erect the lobby structure. The City of Aspen Parks Department greatly favors mitigating traffic in this heavily used portion of the park. 5. Will the new sensessien- lobby structure increase traffic around the site? This kind of goes back to point 1 — if the space is used year- round, what are the impacts in terms of traffic? No; it will actually decrease traffic — the altemate solution (the temporary lobby tent used in 2011) required 2 truck trips, and the new structure would require none if completed. . See response under item 1, no usage during the off season. P30 IN N pi .-1 O 0 N N Z_ Z Z Z O 0 H H 7) 0 O O a a w w It t N N J J N Z O O ? w ♦- H In O J W C W W W 0 ¢ z z s 0 * 0 0 0 0 0. 0 H F" l7 C7 v a CC 0 Z Z 0 M o Z Z .-I a O o a a o , eil • 'L w 0 U Z ,:C 1- 0 w 2 3 G CC IA W w p ~ 0 a 2 I- I- G z Z Z a a O LL J a w 0 N N 03 ' M M N Z 0 W o el o .4 N w U } ? 3 O — _ LLI Z a 0 O 0 0 oG a0 0 GS ri O O CO M N 0 Q W N m o .ti vi c J o N 1-1 N U z Q o0 O VI C CC a f.. 0 N Z z a 3 W W w W Iii > iA Q F F Z 7 Q D Q N J C U w Z i t w/ z LL a C-511 I- } Y. z D J J J 0 cc Q 0 Z Z Z Z Z W z O O w O N a 1- O H = a a < H i 0 0 Z u] O * 0 0 Bch ib it E Jessica Garrow From: Will Young <willy @Cunniffe.com> Sent: Monday, October 03, 2011 3:54 PM - To: Jessica Garrow; Emily Zeck; Paige Price; Charles Cunniffe Subject: Theatre Aspen P &Z submittal drawings Attachments: 0831_E2.1.pdf; 0831 A1.3b.pdf; 0831_A1.1.pdf; 0831 A1.2.pdf; 0831_E1.1.pdf Jessica, Attached are drawings which address the questions asked in the DRC review. As I mentioned recently, Parks has proposed eliminating the overlook deck and substituted stone landscaping steps down to the water's edge. Both Theatre Aspen and CCA are in favor of this as well and I have revised the site plan to reflect this change. Sheets A1.2 & A1.3 are new drawings, A1.2 addresses the FAR and height questions asked and includes a site section reflecting the flood plain question. Sheet A1.3 is our master signage proposal which we feel is appropriate given the remote location and nature of this particular site. I have revised the Electrical drawings per the concerns and questions asked. Regarding the site security issues, Emily met with security company on Friday; definitely installing an alarm system in ticket and concession booths, and possibly a surveillance camera, pending pricing. Should pricing become an issue for the camera surveillance, Theatre Aspen will patrol by foot 3 times /wk. 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' . .. ... - . . r • ' • 1 1 :‘ ' ' ' ■ 'tk ' ' - ' 1 A - %, •• t,...411, • - Isj.r. i ii yok • , 1 . ille,l , ' •''' I I ', {. .ViL .} : .: ,-,i., 1: - - , . , _ • . ,,, . , ..4.. , •-, ..',. ,o 4 1 ow i . • , • , t . , • r . s , I_ ., 1 i . ., . . 4 1. -'.. 1 ■ l'A 0 , r $R„ ..; • .0 $ .. • 4 • f417.'itl ` t•'' • ' .4 A-.. P. ,, . 1 ... i ' ' ' ' . 1 ' . P. '''''• .0 h • .....„,...._._..,_ ., •,., ,. , ... h - . , , _, , 1 1 , •.: . il 0: 1 ( I ■ A' do 4 '. • . 4 ‘, ? 7 P ' ' • itt? P40 Responses from Applicant to Staff Questions, October 12, 2011 1. Please provide more detailed renderings of the site. a. See attached renderings. 2. Please provide more detailed information about why the tent framing cannot be collapsed. Could the seating and stage could simply be moved to the west and then the tent frame collapsed on site. How would this impact the truck trips? Is it even possible? a. Architect: Very difficult if at all possible, the tent frames are raised and lowered using a crane /hoist attached to the frame center /peak which is the center of the tent. Due to building code requirements the engineering & construction of the stage and seating platform required extensive amounts of framing and numerous bolted connections to the concrete slab. It became radically more complex that anything the Theatre had previously installed, unfortunately there is nothing simple about moving it. It was built to building codes which required a very solid sound structure able to resist movement and collapse. We are sensitive to the perceived covering; hopefully the new studies we are creating will present some alternatives. The number of truck trips with heavy equipment use would be greatly increased. b. Applicant: I'll also add that during subsequent conversations with the tent contractor, who assembles and disassembles the tent, he does not recommend attempting it under current conditions, and removing the seating would only be a minimal improvement. Other complications that he did not forsee are the electrical panels and distribution system and their proximity to the tent frame, and whether a crane of the magnitude that we would need could access the site at all. The latter largely depends on Parks' final revisions to the surrounding area, including both weight loads of the entry paths and the quantity of space surrounding the tent in which the crane could operate. 3. The Parks Department expressed interest in leaving the tent up for a slightly longer period than currently permitted. Is this something Theatre Aspen is interested in? a. Architect: Leaving the tent up longer is very problematic as the tent fabric is not rated to carry snow loads, heating it would be costly and not entirely fool proof with regard to snow build up. It might also effect how the building & fire departments view the structures usage. Their current mid -May to mid - September time frame is already somewhat into the "snow" shoulder season. b. Applicant: True, we are definitely not interested in keeping it up in the primary snow season. However, we are trying to find a way to accommodate the Parks departments' wishes, and simultaneously address the off - season aesthetics. I would be interested to know more about what the review process would be, if we were to request permission — which we may or may not utilize year to year, based on weather and other factors — in the lease for earlier assembly and later disassembly. 4. Signage. There were some concerns at a staff level about the amount of signage proposed. The information I have is a bit unclear regarding the specific locations of the free - standing signs. Are 2 needed, or could it be achieved through two smaller free - standing signs? a. Architect: We did not feel the amount of signage was excessive especially given the remote location of the site. The two signs, 33" x 44" were based on the existing sign frame dimensions in which the season's show poster slides into, the locations would be Page 1 of 2 P41 along the bike path around the new bridge and the back of house entrance. They are meant to inform the general public traveling along the bike path as to the upcoming shows. 5. Actor Fence. Please provide an explanation of what would happen if you did not provide a fence in the manner proposed. Are there any other options? Would you lose certain actors or be unable to put on certain performances? Also, could you send us the exact rulebook citation? The citation makes it seem that there are other potential options besides a fence, though a fence might make the most sense. Some additional background would be helpful. a. Applicant: Actors' Equity Association Small Professional Theatre Rulebook, Sec. 48.A.2- 4 states: "Toilets and lavatories shall be...separate facilities from those provided for the audience....Any walkway between the dressing rooms and toilet facilities shall be masked from the view of the audience ". We are open to other suggestions, but we did find that the fence seemed to make the most sense. The only part of the entire site that's hidden from the view of the audience is the north side of the tent, and this space is completely occupied by the dressing room trailers. (And if the trailers relocated, then THEY would be in view, still violating this rule.) If you requested that we add a clause where we would use the minimum amount of fencing necessary to achieve compliance with union regulations, we would happily agree to that. I am not certain whether or not the previous fence size was excessive for our needs. If we were to be found in violation of this rule (compliance on site is checked periodically), it would indeed jeopardize our standing and contract with the union. And yes, the worst possible outcome of that would be to lose our ability to employ union actors, and the production standard of Theatre Aspen would suffer significantly, affecting every single area of our operations. I'm happy to give more details on this if you like. Also, please keep in mind that lack of a fence also exposes the unattractive underbelly of the backstage to the patrons as well — all of our tools and supplies, crew hanging out, etc. This masking is not a requirement for our operations, but it does facilitate a level of professionalism that I believe is expected of us by our patrons and the community. Page 2 of 2 P42 r�b 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 PARX!IN THE CITY OF ASPEN, PITRIN 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 ' 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 P43 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 1: 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. 2 • P44 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 • P45 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, i. 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 II I 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. 1 Section 6: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding 4 P46 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 4 day of dp_,i , 1995 at 5:00 in the City Council Chambers, Aspen City Ha 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 /5 day of ky-/, , 1995. Attest: Gear ea von (Aiebr w:aK ,) f f� t �t / OY WO Kathryn . Koch, City Clerk 5 P47 Alk VII, F adopted, passed and approved this 4, day of P * - —. _''), 1995. _ . _ 4! o Y� h Wahl laLi1 st: � MCl Gov PV Telin Kathryn • Koch, C ity Cle t. I 0 , 6 P48 --s Fxy„ RESOLUTION NO. 60 (Series of 2011) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, GRANTING A TEMPORARY USE PERMIT TO THEATRE ASPEN TO KEEP THEIR TENT FRAME, STAGE, AND SEATING CONSTRUCTED DURING THE WINTER AT RIO GRANDE PARK, 505 RIO GANDE PLACE, CITY OF ASPEN, COLORADO Parcel ID 2737 - 073 - 06-851 WHEREAS, pursuant to Section 26.450 of the Aspen Municipal Code, the Applicant, Theatre Aspen, has submitted an application for a Temporary Use Permit to keep their tent frame, stage, and seating constructed at Rio Grande Park, 505 Rio Grande Place; and, WHEREAS, the Applicant has approval to maintain a seasonal tent from mid -May to mid - September and accessory structures in Rio Grande Park for theatre performances; and WHEREAS, the Applicant has a long term lease with the City of Aspen to maintain their seasonal tent and accessory structures; and, WHEREAS, the Applicant requests approval for a Temporary Use Permit to keep the tent frame, stage, and seating up during the interim time when their season ends (mid - September) and when the City can review a Major SPA Amendment to the Rio Grande SPA and associated reviews; and, WHEREAS, Community Development Department reviewed the temporary use application and recommends that the City Council approve the temporary use permit with conditions; and, WHEREAS, City Council fords that the proposed temporary use is consistent with the character and existing land uses of the surrounding parcels and neighborhood and that granting the temporary use will not adversely impact the neighborhood; and WHEREAS, City Council conducted a duly noticed public hearing on September 12, 2011; and, WHEREAS, City Council has reviewed and considered the temporary use request under the applicable provisions in the Municipal Code, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment; and, WHEREAS, City Council finds that the temporary use permit meets or exceed all applicable development standards; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. 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A .� i J r t a ��lt, , ,. 4:: -- - .-„, - 41g , ...- ... , ...4, , ,,,t, ric 1: P ' ..9 ' • • (�, .i j _.7 ' g." al 1 101' i k '': 1 1,' I�� 1 • { �M . IS —� x . 7 . r . : S (; 't:..,. ✓- F ��r� s. 1 2- ?. • Sig NON ",:.... - 1. Af� . T _ pr`. • a lM . • • a •.CIS1 �' f.. 1 -. r °P' ` Gu ` r :sue k„a. tai • r ..R'r - /., - - ��t ` , \ , ' r 7: J • i J I 1 • 44 W Chi ti Ly.y rn••....• :Y... ± 1 . P51 Section 1: In accordance with Section 26.450 of the Aspen Municipal Code, the City Council of the City of Aspen, Colorado, does hereby grant Theatre Aspen a Temporary Use Permit to maintain the tent framing, seating, and stage on Rio Grande Park, with the following conditions: 1. The temporary use is valid from September 15, 2011 to that time in which the City Council reviews and votes on the pending Major SPA Application and associated reviews, but shall last no later than May 15, 2012. 2. If the City Council denies the pending SPA Amendment, the tent framing, stage, and seating shall be removed by the Applicant no later than May 15, 2012. 3. The tent framing shall not be covered. 4. The stage and seating shall be under protective cover and located on the existing concrete pad. 5. All material representations made in the application and in the hearing by the Applicant and the Applicant's representative shall be considered conditions of approval, unless amended by other conditions. 6. Theatre Aspen shall provide a security check of the site at least three times per week to ensure the site remains safe and secure during the temporary use. Section 2: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 3: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be dee edd a s distinct and independent p provision and shall not affect the validity of the remaining portions th APPROVED, September 12, 2011, at a public hearing before the City Council of the City of Aspen, Colorado. • 7-7,9 -tad Michael C Ireland, , ayor orcester, City Attorney Kathryn S. Kee" ity Clerk Resolution No. _, Series of 2011 Page2of2 P52 Regular Meeting Aspen City Council September 12, 2011 • yor Ireland moved to adopt Ordinance #28, Series of 2011, on first reading; seconded by Co.•.Gilman Frisch. Roll call vote; Skadron, yes; Torre, yes; Frisch, yes; Mayor Ireland, yes. Moti.. carried. ORDIN E #29 SERIES OF 2011 Electric Fees Councilman Torre • oved to read Ordinance #29, Series of 2011; seconded by ayor Ireland. All in favor, motion 'ed. Councilman Johnson returned to Council tabl- ORDINANCE #29 (Series of 2011) AN ORDINANCE OF THE 0 COUNCIL OF THE CITY • ASPEN, COLORADO, AMENDING TITLE 25, UTILITI . , OF THE MUNICIP ODE OF THE CITY OF ASPEN TO AMEND SECTION 25.04.040, ECTRIC SERVIC • TES; AND TO ADD NEW SECTIONS 25.04.130 AND 25.16.100 ' ILLING ERRS S was read by the city clerk Dave Hombacher, utility department, remit'' d Co •• it in 2009, they decided to not have a rate adjustment given the economy. In 2010, the c .ntracted a rate study to look at the effectiveness of the implementation of tiered -ra - and a 2011 adjustment. The study in 2011 looked at the cost of service and a series of : alt >. • tives. This ordinance is based on a cost of service model including a transition over 4 . 6 years. There are proposed adjustments to the tiers where the higher users will have in - ased energy : tes. Mayor Ireland said the city cannot •sidize people's elec. 'ty and has to charge what it costs. Councilman Frisch said an issue i sow long it will take to ge p to full cost recovery. Hombacher said there is a table •+ .laming the rate adjustment . each class of service, residential, commercial –1:: and small and city facilities. Mayor Ireland moved to .. opt Ordinance #29, Series of 2011, on first > ading; seconded by Councilman Frisch. Councilman Skadr. asked about energy conservation incentives and how • tier structure encourages that. • ombacher said there are 4 tiers within residential which v:. • based on the size of service. • residential customer using a small amount of energy pays a er amount/unit of energy. P e amount charged increases with the amount of energy used. Counci i • Johnson • asked if • rates should increase when the MEAN rates increase. John Worcester, ci attorney, said the ates have to be reasonable to all consumers and the city could tie the rates to in • eases of M 'AN to the city for their electricity. • .11 call vote; Torre, yes; Johnson, yes; Skadron, yes; Frisch, yes; Mayor Ireland, yes. Motio carried. — RESOLUTION #60, SERIES OF 2011 Temporary Use Theatre Aspen 6 P53 Regular Meeting Aspen City Council September 12, 2011 Jessica Garrow, community development department, told Council Theatre Aspen has permission to erect a tent from mid -May to mid - September annually on the Rio Grande. Ms. Garrow said there were amendments to the plan this year to allow them to replace the tent and make minor site changes. Theatre Aspen has applied for a major SPA amendment to allow for a permanent lobby structure and to allow for the tent frame, stage and seating to remain up year round. This amendment is going to P &Z in October. Because of the timing and the requirement that the tent come down by mid - September, Theatre Aspen has requested a temporary use approval to allow the tent frame, stage and seating to remain up this winter. Staff recommends granting this temporary use request. It will have a visual impact and this will enable the staff and public to see what this will look like if the SPA amendment were approved. Ms. Garrow said this meets the criteria for temporary use. Ms. Garrow proposed two changes to the resolution; the date for the temporary use should be extended to May 15, 2012, rather than March 15 as it would be difficult to remove a structure in March; and an addition to provide periodic security check of the site to make sure the site is safe. Councilman Torre said it seems as if Council approved something and now they are being asked , to extend those approvals to something else. Ms. Garrow reminded Council at a work session in January 2011, staff went over the lease agreements and the SPA amendments. Those amendments are just being processed; there has not been any change since the January work session. Councilman Skadron asked if this application honors the intent of Council's previous approvals. Ms. Garrow said there have been no land use approvals in 2011; there were changes to the lease and minor administrative amendments allowing Theatre Aspen to replace the canvas on the tent. Ms. Garrow said this request reflects what was discussed in a work session in January 2011. Councilman Skadron asked if Theatre Aspen is moving towards a permanent theatre structure. Emily Zack, representing Theatre Aspen, told Council they want to remain seasonal and this is an attempt to make seasonal arrangements work logistically. There is a lot of disruption and truck traffic at the site erecting and taking down the tent every year. Ms. Garrow said the parks department will provide changes as part of the SPA amendment and they have been working with Theatre Aspen. Councilman Skadron said he would like to know the history of Theatre Aspen; this seems like mission creep. Ms. Garrow said the theatre has had a presence in the park since 1989 originally in a circus tent. Since 1995 Theatre Aspen has been operating the same way, under an approved SPA agreement. Last year, Theatre Aspen received an amendment to the SPA to allow replacement of the tent and the entrance to the tent was flipped to ease impact on the trails. The size of the tent has not changed since 1995. Councilman Skadron said he would like to see the Rio Grande SPA. , Councilman Johnson said he likes the idea of looking at this before approving it long term; the community may not want to see a skeleton throughout the winter. Councilman Johnson asked what is involved in taking the tent down and what the impacts to the park are. Ms. Garrow told Council staff wants to look at the skeleton to see if it meets the criteria of an SPA amendment and to see the impact on the park. Mayor Ireland opened the public hearing. David Kudish asked how much it costs to take down and put the tent up without the environmental costs. Emily Zack said it is about $50,000/year. Kudish noted the skeleton at 7 P54 Regular Meeting Aspen City Council September 12, 2011 Stage III was not attractive to neighbors and the public. Kudish said people come from out of town to go to the Theatre Aspen, which is very professional, and this helps incscase the taxes. Junee Kirk said this amendment has not gone to P &Z and has not been viewed by the neighbors. Ms. Kirk said there will be visual impact on neighbors from above the site. Mayor Ireland closed the public hearing. Mayor Ireland said this is a request for a temporary use so that people can see what the structure would look like throughout the winter. Mayor Ireland asked staff about the temporary steel structure over the James E. Moore pool and what the experience with that was. Mayor Ireland said the tent is not staying up, just the framework. Councilman Torre said he feels like the approvals Council has granted to help Theatre Aspen has ended up costing them more money and is a greater entitlement than Council anticipated. Councilman Torre said this feels like the applicants are asking for approval to do something but first they want to do it. This seems like a test scenario. Councilman Torre asked if there is a more discrete way to store the tent on site than is being proposed. Councilman Frisch stated he supports trying to come up with a different solution; however, he also supports giving this a one year trial. Councilman Johnson stated that P &Z will see this at the SPA amendment. Councilman Johnson said this is a test and he can support this test. Mayor Ireland said he will support this as the erecting and taking it down costs will not have to be spent. Councilman Johnson moved to approve Resolution #60, Series of 2011, amending the date to May 15 and adding a (6) that the applicant will provide reasonable security checks; seconded by Mayor Ireland. Councilman Skadron stated he would like other options explored. It is Council's responsibility to consider the community comprehensively. Councilman Skadron said he feels there is a danger in allowing incremental step process and that this lack the appropriate caution. Councilmembers Frisch and Johnson and Mayor Ireland in favor; Councihnembers Torre and Skadron opposed. Motion carried. ',' t ANCE #25 SERIES OF 2011— Aspen Chance Subdivision Amendment Amy Guthrie, commum • elopment department, told Council the • hance subdivision is located offUte Avenue. This' : 7 parcel subdivision; th • re no affordable housing requirements. The approval allowed up • ots to • aretaker units. This parcel has a category 3 unit which was occupied for soh - . e property owner is requesting to pay cash -in -lieu fee to be allowed to •• • 1 e unit from - • . e. Ms. Guthrie said this is a one bedroom unit accessed thr. .• a e kitchen of the main house. 'tchen for the caretaker unit will have to be re •• : - • so that it does not become a separate unit. reland opened the public hearing. There were no comments. Mayor Ireland c • : • e public hearing. 8 I E P X)I f lib 1 1.11' 1 444•6 1 3 5 5 -- -., 0 > z * o > 0.) r- 3 4 3 c -i m . • (1) -4 5 cn . " - '" , _,, '" ' ....1V '' \ ,,, c ", ... s `, ‘ . \ .0 '-..:, '' '', ' li) . • . ' • e . 0,, ____. , . . .; . .... _ . ,_ _ „ .,, . ,......,-... __ .:.' - ' :.. •-• .. ..• - '" _.--- . .._ _ ,, -. L_N_,.:,-- - - ic ? 4.. • ....., :-,.., . ,,..,-.:,‘,..A.,\EG, ._ .\.„.%...,.\ -,\, ,,..-‘• . ..••••' -f-' r , . --. ,- , ' . 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' - , .. lig p: .. s • ? ..t.,' 1 .,, „,-I■ .",...',.... . . e. ' 4 1 1 1 '' "•';' . 1 6.-- * .. k 6, ' . . • " ,fi • f I. I it c• , 0 . , ,. . ..... 441011 '1, , ,. p 1-- • . '.•.4 ... Jf' s 4 ' - 0 04 4"1.4, .....v • i !,4 . .1 _ . . . , . , # .‘ , . ..,.. • . . . .7...... . 1 . .• .. i %.S. ' i • c tt ■ • t ‘ ) - ' L 5. ...rag, i - ' !' • .. . 1 1 11(1/ il • .' . • ,1 , 4 . .., • ,.. .., li V . . . . • . ., • '• t ' "Ji" . • ,t 1 1 • - , 1 \ . v , • ' • / , ."- ! - -i -, „'..'•.: . 1 N / . • I 4 i " 1" 7 - • ' - ' ' - 1; 1', ''' i A ( • - ' 1 ... • 3120 E. Washington Street Phoenix, AZ 85034 GL SAL CLEARSPANS • October 26, 2011 To whom it may concern: I am the owner of Global Clearspans, Inc., a company that specializes in assembling and disassembling Losberger tents. I was contracted by Theatre Aspen to erect their new tent last May, with plans to disassemble it in September. However, as the summer progressed, we began to have serious concems about the disassembly. First, we were under the impression that we would have unobstructed access to the concrete pad as we did when the tent was erected, so that we would be able to drive a forklift around the interior of the tent. I understand for a variety of reasons that this is no longer the easiest route to take. The only other option is to have a crane onsite with a reach of 150 -200ft that would weigh approximately 60,000 pounds. From what I understand through conversations with Emily, getting a crane of this magnitude on site will be a real challenge, if it's possible at all. It would need to be positioned at the lobby end of the tent, so that the beams can be set in the larger area in the back as ' they come down. After the temporary construction access road is gone, I'm not aware of any way to access the site with this kind of heavy equipment. In addition, I have significant reservations about the working conditions that this would create for my crew. If we tried to disconnect the frame around the structure and bring it down with a crane, there are connections on top of the frame that would require manual attention, which means rigging and hamessing the crew to climb on the tent frame itself. Though this is possible, I have to strongly advise against it it would be not only dangerous for us, but very costly for Theatre Aspen due to the time and care it would require. For these reasons, I recommend that you support Theatre Aspen in their attempt to leave the tent frame up year - round. While it might mean losing an annual contract for us, I believe it's in our and Theatre Aspen's best interests. Regards, D. Todd Barrett Vice President P58 LO :1:14.,:{t ER • Losberger US, LLC 200 Monroe Ave. Suite 2A Frederick, MD 21701 301/682 -8000 www.losbergerus.com October 25, 2011 To Whom It May Concern, I had the pleasure of selling Theatre Aspen its new tent this year. As manufacturer of the tent, Losberger US, LLC worked closely with Emily Zeck and the Theatre Aspen team starting from the original design of their new tent venue all the way through to my attending the installation of the tent this spring on location in Aspen. I have now been asked to express an opinion on the viability of having it completely dismantled every autumn and re- installed each spring. All Losberger tent structures are designed to be portable, allowing them to be installed and dismantled fairly easily by a competent tent contractor. Most of Losberger's customers are rental companies that purchase this type of engineered tent structure for use at different locations for events, but Theatre Aspen is considered an end user because it uses the tent only at one location. The tent has design modifications to accommodate the theater's unique needs as a seasonal theater, including the use of larger beam profiles to handle hanging loads, side overhangs and unique lobby doors as examples of those. These modifications contribute toward making Theatre Aspen's tent structure more complicated to erect and dismantle. We are advised that now, crane access to the site is restricted which even further complicates erection and dismantling of the framing system. All of the challenges presented by the new tent were not possible to anticipate but Losberger understands that its tent allows Theatre Aspen to do things they have never done before. Site specific complications for removal and re- installation that have arisen subsequent to the initial installation are significant. Understanding them now, it would be prudent to avoid these lengthy, difficult, and potentially dangerous installation and dismantling operations twice every year if at all possible. I have also read the opinion letter from Todd Barrett of Global Clearspans on this subject. As Losberger's highly experienced and authorized tent contractor / dealer, he is very well qualified to render such an opinion about the installation and dismantling of this tent frame at Theatre Aspen. I strongly suggest that his well- considered opinion be followed. - If I can be of further assistance, please feel free to contact me. Sincerely, David A. MacArthur (digitally signed) David A. MacArthur Losberger US National Sales Manager dmacarthuri2f osbergerus.co m • �x*rF 59 Tom and Donna Ward PO Box 2954, Aspen, CO 81612 Jessica Garrow City of Aspen Long Range Planner Dear Ms Garrow: We are writing in support of Theater Aspen's plans to upgrade the lobby to enhance last year's new tent. We have been involved with Theatre Aspen since its inception as Theatre Under the Jerome. It is time for Theatre Aspen to have upgraded facilities. The new tent and improvements to the surrounding park last summer was a strong start, and it is now time to finish the lobby and bring theatre -going in Aspen to the level of all the other arts. We encourage support for Theatre Aspen's new lobby. Not only will it benefit our visitors, but it will also be something the community of Aspen can enjoy and take pride in. Leaving the seating structure and stage up for the winter makes sense, especially in these challenging times. The time and labor involved to rebuild each season is an economic drain, and uses valuable resources that could otherwise be used for creating their summer season. The new plan reminds us of the old music tent, which in winter hinted at seasons past and ones to come. Thank you for you consideration of Theatre Aspen's request. Sincerely, Tom & Donna Ward • P60 Jessica Garrow From: Renee Fleisher <reneef @blazingadventures.com> Sent: Wednesday, October 26, 2011 2:06 PM To: Emily Zeck Subject: RE: Voice your support for Theatre Aspen! • To the P & Z commission and the City of Aspen Council: Theatre Aspen has become an important part of the cultural scene in Aspen and the quality of their productions increases every year. It is also another selling point to attract FIT & group visitors to book here rather than in a different mountain resort. The plan for the proposed building is beautiful and would fit in well with the setting. I highly suggest that you approve its construction. Best regards, Renee Forget the box.. just get Outside! Renee Fleisher Director of Group Services email: reneeCv7blazinoadventures.com phone: 970 - 923 -4544 ex 302 cell: 970 - 618 -0640 • fax: 970- 923 -4994 From: Emily Zeck [mailto:emily ©theatreaspen.org] Sent: Wednesday, October 26, 2011 1:07 PM To: Emily Zeck Cc: Paige Price; Peggy Burke; Graham Northrup; Beth Levin Subject: Voice your support for Theatre Aspen! Hello all, As you may or may not know, Theatre Aspen appears before P &Z on November 1 to ask permission for our new lobby design that will be year- round, as well as permission to leave our stage and seating structure up year- round. We also have plans to beautify the off- season look —see the attached rendering for the off- season. (Also included is a rendering more relevant to the summer season.) This will be followed by a Council meeting in January, where we will receive a final answer. We need all the help we can get from locals who support our plans, which are: to upgrade our facilities with a year - round lobby, while at the same time staying mindful of what the community wants and needs. Our end goal is always to bring Aspen the best theater possible, and we believe that all of these plans align with that mission. If you'd like to voice your support for us, please feel free to attend P &Z on November 1 at 4:30 p.m. (downstairs at City Hall), and /or the Council meeting in January (date T8D). If you aren't able to attend but would like to help, you can send an email to our city planner, Jessica Garrow. In this case, please send to my attention and I will forward it to her. Even a quick note of support is always helpful. We must receive letters /emails of support by noon tomorrow, at the latest, in order to be distributed to P &Z members prior to Tuesday's meeting. Thanks, and as always call, email, or drop by anytime — I'm happy to clarify or elaborate on anything above, and we love to hear your thoughts as well. • Regards, 1 P61 Jessica Garrow From: Ed Foran <eforan @masonmorse.com> Sent: Wednesday, October 26, 2011 2:19 PM To: Emily Zeck Subject: RE: Voice your support for Theatre Aspen! Emily, • Please forward to Jessica Garrow... Dear Jessica, Please accept this letter in support of Theatre Aspen's application for permission to build a year -round lobby structure as well as permission to leave their stage and seating structure in place. By leaving the stage and seating in place, it enables Theatre Aspen to save thousands of dollars on annual basis. As one of Aspen's finest non - profit art organizations, it's survival during these difficult economic times is dependent on finding cost savings wherever they can. These savings can be re- allocated for programs like their education program which serves hundreds of students in Aspen and the surrounding area. The permanent lobby area will serve to inform the public of upcoming performances and programs on a year round basis and enhance TA's already excellent reputation in the community. Thank you for your consideration. If you have any questions or need additional information, feel free to contact me. Regards, Ed Foran 45 Exhibition Lane Aspen, CO 81611 970 - 948 -5704 From: Emily Zeck [mailto:emily ©theatreaspen.org] Sent: Wednesday, October 26, 2011 1:07 PM To: Emily Zeck Cc: Paige Price; Peggy Burke; Graham Northrup; Beth Levin Subject Voice your support for Theatre Aspen! Hello all, As you may or may not know, Theatre Aspen appears before P &Z on November 1 to ask permission for our new lobby design that will be year- round, as well as permission to leave our stage and seating structure up year- round. We also have plans to beautify the off - season look — see the attached rendering for the off- season. (Also included is a rendering more relevant to the summer season.) This will be followed by a Council meeting in January, where we will receive a final answer. We need all the help we can get from locals who support our plans, which are: to upgrade our facilities with a year - round lobby, while at the same time staying mindful of what the community wants and needs. Our end goal is always to bring Aspen the best theater possible, and we believe that all of these plans align with that mission. If you'd like to voice your support for us, please feel free to attend P &Z on November 1 at.460 p.m. (downstairs at City Hall), and /or the Council meeting in January (date TBD). If you aren't able to attend but would like to help, you can send an email to our city planner, Jessica Garrow. In this case, please send to my attention and I will forward it to her. Even a 1 P62 Jessica Garrow From: Ricki Newman <rickinewman @yahoo.com> Sent: Thursday, October 27, 2011 12:37 AM To: Emily Zeck Subject: Re: Voice your support for Theatre Aspen! To City Planner, Jessica Garrow, Aspen, Colorado -- Scenic Beauty, Athletic Playground, Cultural Mecca! Our gorgeous mountains, valleys, rivers, creeks, and trees surround us year round with beauty. Our ski lifts, ball fields, hiking paths, bike trails, playgrounds, golf courses, and skate board parks remind us year round of the outdoor recreation available when in season & when out of season. Other than the Aspen Music Tent, our artistic and cultural groups who combine entertainment with the joy of our great outdoor treasures are the only ones who have to "disappear" when out of season. So it would make sense to allow Theatre Aspen to leave their new lobby design that will be year- round, as well as stage and seating structure up year - round. Nothing else will be using that location during the fall and winter seasons, so as long as the site is neat, attractive, and non - intrusive to the surrounding scenery, why not let as much stay as is physically feasible for the winter weather? This would cut down on the time of noise and visual ' annoyance to tear down and "rebuild" as well, and will free up those funds to bring in the best theatre possible: to Aspen. Please grant Theatre Aspen the permission to leave their new lobby design and stage and seating structure up year - round. Thank You, Ricki Newman - -- On Wed, 10/26/11, Emily Zeck <emily(a2theatreaspen.org> wrote: From: Emily Zeck <emily @theatreaspen.org> Subject: Voice your support for Theatre Aspen! To: "Emily Zeck" <emily @theatreaspen.org> Cc: "Paige Price" <paige@theatreaspen.org >, "Peggy Burke" <peggv @theatreaspen.org >, "Graham Northrup" <Graham @theatreaspen.org >, "Beth Levin" <beth @theatreaspen.org> • Date: Wednesday, October 26, 2011, 2:06 PM Hello all, As you may or may not know, Theatre Aspen appears before P &Z on November 1 to ask permission for our new Lobby design that will be year- round, as well as permission to leave our stage and seating structure up year - round. We also have plans to beautify the off -season look — see the attached rendering for the off - season. (Also included is a rendering more relevant to the summer season.) This will be followed by a Council meeting in January, where we will receive a final answer. i Jackie Lothian EXHIBIT / l • I From: Walt Madden [walterross @gmail.com] Sent: Monday, October 31, 2011 1204 PM To: PandZ; Public_Comment Subject: Theater Aspen's new tent Aspen P &Z and City Council members: As a resident of Aspen and a daily user of the Rio Grande trail along the Theatre Aspen location, I would like to provide input regarding Theatre Aspen's request to leave their new framing structure, seating area, concession stands and other buildings on the site during their off - season. The new structures are dramatically more visually intrusive than the old setup. The old setup disappeared into the ground (and under the snow) once it was taken down. The new tent frame, tarp covered seating area concession stands and other structures resemble a random collection of outbuildings one might find on a rural farm. Or a stalled construction project like Snowmass' Base Village. Aspen and Pitkin County place a high value on open space. Our Open Space Program dates back to the 1970's when the community started voting to dedicate a portion of our taxes towards the purchase of land for trails and open space. This program has preserved beautiful parcels of open space and built an incredible trail network. Theater Aspen's plan to leave all of their "stuff" behind for the greater part of the year when they are not in season in one of our premier open spaces disrespects our community values that treasure open space and unspoiled views of our natural surroundings. Theater Aspen's new "setup" would be viewed as an eyesore in any neighborhood in Aspen. If anything, the visual impacts of structures located within our Open Space should be held to an even higher design standard than locations elsewhere in the community. Theater Aspen should be directed to go back to the drawing board and come up with a design that does significantly better at integrating into and respecting their location. Thank you for your consideration. Walt Madden walterross(idgmail.com Email secured by Check Point 1