HomeMy WebLinkAboutminutes.apz.20111101 City of Aspen Planning & Zoning Meeting — Minutes November 01, 2011
Comments 2
Minutes 2
Conflicts of Interest 2
Theatre Aspen, Rio Grande Park — SPA Amendment 2
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City of Aspen Planning & Zoning Meeting — Minutes November 01, 2011
Stan Gibbs opened the regular meeting November 01, 2011 of the Planning &
Zoning Commission in Sister Cities at 4:40. Commissioners present were: Cliff
Weiss, LJ Erspamer, Jasmine Tygre and Stan Gibbs. Commissioners excused were
Bert Myrin and Jim DeFrancia. Staff in attendance: Jim True, Special Counsel;
Jennifer Phelan, Jessica Garrow, Community Development; Stephen Ellsperman,
Parks; Jackie Lothian, Deputy City Clerk.
Comments:
Jennifer Phelan noted there was a scheduled meeting for December 20 and asked
the commission if they wanted to meet the Tuesday before the holiday. The
commission wanted to cancel the meeting.
Jessica Garrow said the other item was not on the schedule, next Tuesday
November 8 at the Library for the AACP and are hoping to wrap up the AACP on
the 15`
Minutes:
MOTION: Cliff Weiss moved to approve the minutes from October 04, 2011;
seconded by LJ Erspamer. All in favor APPROVED 4 -0.
Conflicts of Interest:
None stated.
PUBLIC HEARING:
Theatre Aspen, Rio Grande Park — SPA Amendment
Stan Gibbs opened the public hearing for Theatre Aspen in the Park. Stan Gibbs
asked if notice was provided. Jessica Garrow replied yes and she will give it to
Jim True when he gets here. Jessica asked the applicants to come up to the table.
Charles Cunniffe, Emily Zeck and Paige Price came to the table.
Jessica Garrow stated there was an additional exhibit, a letter from Walt Madden,
which will be Exhibit M.1. Jessica explained this was a hearing for Theatre Aspen
requesting an SPA Amendment for the Rio Grande Park as well as a Growth
Management Review for Essential Public Facilities; the Rio Grande Park is owned
by the City and Theatre Aspen has a long term lease with the City for the portion
of the park that the Theatre resides in. Jessica provided a brief history that Theatre
Aspen has operated in Rio Grande since 1989; in 1995 they received Council
approval for a performance tent and ancillary structures; part of that approval was
allowing the tent to be assembled in mid May and disassembled in mid September.
In early 2011 there was a minor SPA Amendment to replace the existing tent,
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because the tent had been there for 14 or 15 years and needed to be replaced.
Jessica said essentially the entrance was flipped and to replace some of the
ancillary structures on the site. In September of this year Council granted a
temporary use approval to allow the tent frame, stage and seating to remain on site
in the winter and this a test case for P &Z, staff, City Council and the public to see
what it would look like if it were given a permanent approval was given through
this SPA Amendment to allow for that tent framing to remain up.
Jessica said today the Planning & Zoning Commission is reviewing an SPA
Amendment and Growth Management Review for Essential Public Facilities for a
new permanent lobby structure for approximately 1,947 square feet and 24 feet
high; the ability to set the tent frame, stage and seating up on site essentially year
round. Allowing the tent to be fully erected between April and October; allowing a
new signage plan for that area and creating a temporary fence that is about 10 feet
high and 25 feet in length to screen the actors in the back of house area and that is
pursuant to the Nation Actors Association requirements that require separation
between actors and the public.
Jessica noted that P &Z is a recommending body to City Council on both of these
reviews. There was a site visit today and LJ and Cliff from P &Z attended. Staff is
recommending approval with conditions. The new permanent structure will create
a clear presence in the Park for Theatre Aspen and will provide a better connection
and visual cue to the John Denver Sanctuary; this proposal really ties into some of
the master plan work that the Parks Department has been working on in terms of
storm water improvements and improvements to the John Denver Sanctuary.
Jessica said that staging the seating year round will decrease the wear and tear on
the Park that is created under the current situation. The assembling and
disassembling the structure creates about 48 truck trips which is significant on use
on the park and leaving this tent frame up will significantly decrease the number of
trips that are generated and decrease the wear and tear to the park. Staff believes
this will create a low visual impact on the park and has suggested some design
considerations for the applicant to explore and those are incorporated in the
resolution. Staff has gone through this process with the applicant who has been
very receptive to the suggestions. Jessica said the resolution asks the applicant to
look at a different roof form for the permanent structure, just to give a little
differentiation there; and looking at the height to create some differentiation
between the mass that is the tent frame and the structure as well as different
material usage for that structure. Staff is recommending the use of panel siding on
the side of the tent frame to help screen the stage and seating and helps make the
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City of Aspen Planning & Zoning Meeting — Minutes November 01, 2011
site look like it is not under construction year round; page 39 in your packet is
what it could look like.
Jessica said staff is supportive of the signage plan on page 34 of the packet and on
page 49. Staff has asked the applicant to look at the fence in terms of height and
length and staff would like to have the fence minimized as much as possible while
still meeting the National Actors Association requirements.
Jessica said that in terms of employee generation the housing authority has
requested an audit be conducted after a year of operation to verify the number of
FTEs generated through this proposal; Theatre Aspen said no employees will be
generated from this and the audit would confirm that. Jessica said that it would
come back to staff and go to the housing board and figure out the number of
employees generated and likely go to City Council to determine the mitigation.
Jessica said that staff learned yesterday that Theatre Aspen and the Parks
Department are interested in exploring the possible use of the permit lobby
structure for occasional special events, like weddings. Staff has made amendments
to the Resolution and distributed a red -lined version; Section 2 added language to
work with Parks to determine what that looks like and then it would be part of
Council's review for the SPA Amendment. Jessica said that Jeff Woods, Parks
Department Head, could not attend tonight but supported the applicant.
Cliff Weiss asked what kind of Special Events; are you talking about in the
summer when it is not used by the Theatre and how does the Theatre operation
work with that. Jessica replied that she would give the applicant the opportunity to
present the idea there. Cliff asked if special events were from the applicant and not
parks. Jessica responded it was not from planning staff; the applicant and parks
can comment on it. Charles Cunniffe stated that they were open to the idea but it
was not generated by them; parks was the looking to possible extending the use
down there but they do not want that to encumber their application. Charles said
they were strictly here in the interest of Theatre Aspen and its own use. Stephen
Ellsperman said that as they were talking about the opportunities might be since
the facility and the cover will be on during times when the theatre is not operating
for productions; they were wondering what opportunities might be to use those
areas. Jessica said this language was really to allow for that exploration. LJ
Erspamer asked Mr. True if this portion should have been noticed if they want to
do special events. Charles responded again that was not their intent. Jessica stated
that they noticed for the specific land use reviews and this would fall in the
purview of the 2 land use reviews that were noticed. Jim True agreed with that.
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Stephen said he didn't know how this got into the format of this discussion; this is
something that would take some time to review. Charles said they were not trying
to add it into our review application and do not want it to be the subject tonight.
Jasmine Tygre said that if the public knew that special events might be part of this
land use application there might be more people present. LJ asked how long the
lease with the city was. Emily Zeck replied 10 years signed last January. LJ asked
when the theatre was started did they mitigate for employees. Jessica responded
when they got the approval in 1995 they were reviewed as an essential public
facility and mitigation appears to have been waived at that time.
Jasmine asked if the land on which this structure sits was acquired with 6 or 7
penny tax money or not. Stephen said he wasn't exactly positive but he believed
some of that section of Rio Grande Park was purchased with transportation funds
but he would have to do some more research to answer the question directly.
Jasmine said that in the Rio Grande master plan there was a map showing how the
different lands were acquired because we cannot change the use of land the were
acquired with the 6 and 7th penny taxes to anything other than those uses because
that was the ballot question. Jasmine said it was important to know whether in fact
there could be this use on a permanent basis. Charles said it was approved by
Ordinance in 1999 that Theatre Aspen would be here. Jessica said as part of the
Civic Master Plan it was approved with a continued presence in the park. Jim True
said Jasmine had a point but he did not know the answer to it from the time of the
vote if it was acquired with or through that process or through another process he
didn't know. Jim said if it was acquired and dedicated and used as open space and
that use is being changed now, then there would be issues. Jasmine said that there
was a transportation plan in the original Rio Grande Master Plan still envisioned
the train and right and around that area was going to be the transit station. Jim said
that she was raising good points but he didn't have the answer and we need to
make sure that we are careful about it; if this is going to proceed on we will have to
have an answer for it before the final approvals are done.
Stan Gibbs asked if the insubstantial was incorrect and should it be major on page
2. Jessica replied that Stan was correct that it was major and they received an
insubstantial SPA Amendment earlier this year.
Charles Cunniffe distributed 2 photos showing the tent to the tent frame and if you
went to any shows this past summer you experience more of a circus tent covering
over the concession area and lobby, which is a temporary covering. Charles said
the application was to make that portion of this facility permanent, which would
allow them to house a lot of the stuff that is used on site and to remain on site and
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City of Aspen Planning & Zoning Meeting — Minutes November 01, 2011
not have to truck it back and forth. Charles said the request to keep the tent frame
up is one that it is a substantial amount of money to take it down and the impacts
on the park are tremendous and Parks is interested in not having those impacts.
Charles said on top of the trucks is a crane requirement because it would have to be
a rather large crane to reach over and bring those tent members up because there
would be no place to bring a crane in with the bridge and the path. Emily Zeck
said they anticipate using the lobby for storage in the off seasons so they are
cutting down on trips to Basalt where the storage is located. Paige Price said that
this plan would house storage in a much more clean and graceful perspective.
Jessica entered into the record the Charles Cunniffee photo boards as Applicant
Exhibit 1.
Cliff wanted to talk about the deconstruction and 48 truck trips and asked if that
was cut in half. Charles said probably far less because the trucks are largely for all
the parts that make the tent and if the tent structure doesn't have to leave then those
trucks don't have to come and go. Emily said that there was also a safety issue
with taking down and putting up the tent.
LJ said the lease for 10 years so the approval was for 10 years. Jessica replied that
it would be an amendment to the SPA; the resolution talks about amending the
lease to incorporate any design changes and in the end we want the lease and the
SPA talking the same language. LJ asked what happens if they don't renew the
lease. Jessica said it would be up to the City as the land owner to decide what to
do with that site. LJ asked the fence height. Jessica replied typically the highest
fence is 6 foot but this is a unique situation which is why it is being wrapped in as
part of the SPA approval and that is why the resolution asks the applicant to go
back and see what the minimum height and length can be.
Jasmine asked currently how many employees were there in Theatre Aspen. Emily
responded 5 full time year round employees and seasonally between 40 and 70
depending on the programming and the size of the cast; some of that are volunteers
and part time.
Stan asked if employee mitigation was based on permanent employees. Jessica
answered it was based on hours worked; page 30 of the packet was the estimation
put together for the housing board and the estimate for 2012.
Stan asked about the temporary walls. Charles responded that would be a panel
that would go up or we could leave the tent siding panels up and they are white so
they would fit into the winter camouflage.
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Cliff asked what winter uses goes on once the snow has fallen. Stephen replied
there were a lot of uses that go on in different ways; the winter use is more
contemplative, more foot traffic and a lot of dog use in the winter; there are some
special events.
Public Comments:
1. Lisa Baker said that she was the Theatre Aspen Board Secretary and clearly
she was very much in favor of this proposal. The theatre has made great
strides in production and this venue will enhance the theatre goers and
provide a huge amenity to the community.
2. David Leddingham supports the Theatre and get this theatre going and
advancing what they have done.
3. Nancy Mayer said that she was the publisher of Aspen Sojourner Magazine
and have been very thrilled to have Theatre Aspen and what they are doing.
Nancy supported Theatre Aspen very much.
Stan Gibbs closed the public comment section of the hearing.
LJ said he liked it and it was an essential public facility and it was important how
we frame this resolution. LJ said he had an issue with the fence and he thought
there could be a less impactful fence.
Cliff said that section 2 of the resolution with the idea of this being used for
something else and he would prefer to drop that for now. Cliff suggested a 7 foot
fence and it is removed at the end of the season. Paige pointed to the tent area
proper and there were temporary trailers that house the actors when they are
dressing and changing to get into their costume and it is shielded from the tent.
Emily said it was sketched out on Exhibit K.
Jasmine said that Theatre Aspen has grown and developed and become a valuable
community asset and it is important for them as well as the community to have
something that is not taken up and put down and temporary. Jasmine said that is
why she has the conflict with this land is appropriate for doing this and until we
know this we are leading the applicant down the path of spending a lot of money if
this use is for something else. LJ asked what if we make it contingent on that
being used for the 6 and 7th penny. Jasmine said how do we know that this will
not fall through the cracks and she was worried that it was not fair to the applicant.
Stan said he didn't understand how this particular proposal was enough of a change
in use that hasn't already been approved. Jasmine replied because it is permanent.
Charles said it was not permanent; it was still a 10 year lease and on City property,
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they do not own the property. Jasmine said then it becomes a permanent part of
the SPA. Jessica stated they could write in language that says anytime that the
Theatre leaves Rio Grande Park the approvals are no longer valid and any structure
has to be removed. Jessica said that they could incorporate that into the resolution;
it could simply be stated that this issue needs to be resolved before review at City
Council and express concern that it is an issue. Jasmine stated that she did not
want to see the applicants then suddenly find out that they can't do this. Charles
said they were comfortable with what they have at the moment; you would like
that City Council would have vetted that when they passed the Ordinance making
this the proper use for this property. Stan said there were some other ancillary
structures that sit there all year round so you are suggesting that those structure are
illegal as well because there are permanent structures sitting on that site. Stan said
that from their perspective they can't answer that question tonight and the
applicant seems to want to go forward and he asked if we could have that simply
stated in our resolution that we think this is a question that needs to be answered in
the affirmative before this application goes forward. Jasmine said yes particularly
with the statements that Jessica stated earlier becoming a permanent part of the
SPA and if this issues can be incorporated in the resolution that would certainly
satisfy a lot of her concerns and she agreed with Cliff that the Special Events
should be stricken from the resolution at this point because it was a whole separate
issue that needs a different kind of public input. Emily stated that was a good idea
and they were in full support of striking that at this point.
Cliff asked about gaining access to the site say to bring in chairs. Stephen replied
that this was a master plan of the whole area and part of that plan removes what is
the existing Rio Grande trail and created a new road which is closer to the park
edge and access for emergency services as well as service back into the tent.
Stephen said what can come over the bridge are things like an ambulance, bicycle
or a car if needed but not a crane; so there is still access to the front it is just not
that kind of access.
MOTION: LJErspamer moved to pass Resolution #20, deleting the last 2
sentences of Section 2: Desig; with the numbers corrected and prior to City
Council review the City Attorney and the Applicant will determine if 6`" and or 7
penny funds were used to purchase the land on which Theatre Aspen resides with
the requirements stated in the ballot language and City Charter and whether this is
a change in use; this approval shall be contingent uponTheatre Aspen's continued
location in Rio Grande Park. P&Z recommends that if Theatre Aspen leaves their
current location, the approval shall herein become void; seconded by Cliff Weiss.
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Roll Call vote: Jasmine Tygre, yes; Cliff Weiss, yes; LJ Erspamer, yes and Stan
Gibbs, yes.
Discussion prior to the vote on the resolution:
Jasmine said the approval is specifically contingent on a determination that the
land under which Theatre Aspen currently sits was not purchased with 6th or 7th
penny sales tax money and the acknowledgment that any of it was that this matter
has to be referred to the voters as provided in the original ballot language. LJ
supported that. Stephen said he understood where you were going with that but he
didn't think that it should say if it was acquired with 6` or 7 penny it was not an
appropriate use. Jasmine said that they were talking about 2 different things; the
ballot language is very specific because it was a tax measure that says this land can
be used for only for these particular things without going back to the voters.
Jasmine said City Council cannot make a determination. Stephen responded that
was what they needed to determine the specific uses as it relates to this application.
Jim True said the ballot language might be broad enough to allow this use; if you
question the language you can review it again but he suspected that it has been
done. Jim said that there was nothing wrong with reviewing it again. Stan asked if
having the City Attorney review this was acceptable. Jasmine replied no. LJ said
it was acceptable to him. Jasmine asked for some language about the permanent
change to the SPA. Jessica said they could add some language that says P &Z
recommends the approvals herein be contingent uponTheatre Aspen's continued
location in Rio Grande Park. P &Z recommends that if Theatre Aspen leaves their
current location, the approval herein become void.
Jessica added P &Z recommends compliance with the Theatre use with any
requirements from the funds used to purchase the property shall be presented to
City Council. Jasmine said that if this property was not purchased with 6 and 7
penny tax then it is irrelevant but she wanted a contingency based on that
determination. Jessica said prior to City Council review the City Attorney and the
Applicant will determine if 6 and or 7 penny funds were used to purchase the
land on which Theatre Aspen resides with the requirements stated in the ballot
language and City Charter.
Adjourned 6:30 pm.
City Clerk
ckie Lothian, Deputy y
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