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HomeMy WebLinkAboutcoa.lu.pu.Aspen Mountain Amendment.1992t.� SAVANAH Ferdinand L. Belz III Aspen City Council 203 South Galena Street Aspen, CO 81611 LIMITED PARTNERSHIP May 21, 1992 Re: Aspen Mountain Subdivision Dear Council Members: Pursuant to Section M of the First Amended and Restated Planned Unit Development/Subdivision Agreement Aspen Mountain Subdivision (the "PUD Agreement "), and at the request and suggestion of the Aspen - Pitkin Planning Office, we are herewith petitioning Council for an extension to October 1, 1993 of the construction deadline governing construction and development of the Ice Rink and Park on Lot 6 of the Aspen Mountain Subdivision. In support of this petition, we offer the following: (i) The David Koch Foundation of Wichita, Kansas has offered to build an ice rink on or near Wagner Park in the City of Aspen (the "Koch Proposal "). A schematic design package for the proposed Wagner Park ice rink presented to the City Council on May 11, 1992 describes an ice rink capable of being used primarily for recreational skating with potential for ice shows, limited hockey use and skating instruction. (ii) The City Council and the David Koch Foundation require additional time to evaluate the Wagner Park ice rink proposals and designs in conjunction with the ice rink/park component of the Aspen Mountain Subdivision to determine which ice rink and location would be in the best interests of the City of Aspen. (iii) Because of the delays in the planning and review process of Savanah's ice rink/park proposal precipitated by the Koch Proposal, and on the assumption that City Council determines that it is in the City's better interest to proceed with the ice rink/park proposal of Savanah on Lot 6 of the Aspen Mountain Subdivision, Savanah will be unable to complete the ice rink/park by October 1, 1992, the date therefor established in the Amendment to the PUD Agreement dated June 10, 1991. In spite of the fact that the delays in the planning process occasioned by the intervention of the Koch Proposal may be of a few months, construction {)(H( 1'.. (.(1I 11 wl .'�I. • �lilll' ?OO o A�'l '!). (.( ) �-�I(ill • .;O.i 1 2 l'AX iO. i:'O �:) -L. iil) f, Aspen City Council Page 2 May 21, 1992 k G constraints, particularly concerning the pouring of a large slab of concrete for the ice rink, necessitate a full one -year extension of the deadline. (iv) But for the intervention of the Koch Proposal into the planning process and the interest and the need of City Council to study and evaluate the Koch proposal, Savanah would have been in a position to timely to have completed the planning process for the ice rink and park and complete the construction thereof by October 1, 1992. For the foregoing reasons, we respectively request your favorable consideration of this petition. Sincerely, SAVANAH LIMITED PARTNERSHIP By: savanahUtra\citycoun.Itr MEMORANDUM TO: Mayor and City Council THRU: Amy Margerum, City Manager FROM: Diane Moore, City Planning Direc or RE: Aspen Winter Garden PUD Amendment and Final Development Plan Approval, Subdivision Approval, and GMQS Exemption for Essential Public Facilities, Second Reading of Ordinance 12, Series of 1992 DATE: July 13, 1992 SUMMARY: The public hearing has been continued from the June 22, 1992 Council meeting to the July 13, 1992 Council meeting. Council requested additional information at the June 22, 1992 meeting addressing the proposed fee structure of the ice rink. Savanah has submitted a letter outlining their proposed fee structure for the ice rink (See attachment "O"). Council had also requested information regarding the procedure for future landscaping of the public rights -of -way of Durant Avenue and Mill Street, which are adjacent to this parcel. These items are discussed in the Key Issues.section of this memo. Perry Harvey has previously expressed concern that the time required by Council to review the Koch proposal for the Wagner Park Ice Rink would require Savanah to request an extension to the construction schedule. The schedule requires that the Savanah Ice Rink /Park receive a Certificate of Occupancy by October 1, 1992. Staff has prepared a Section M amendment for Council to consider at the July 13, 199,2 Council meeting. Staff recommends approval of Ordinance 12, Series of 1992, on second reading approving an amendment to the First Amended and Restated Planned Unit Development/ Subdivision Agreement for the Aspen Mountain Subdivision, final development plan for the Ice Rink /Park, Subdivision for Lot 6, and GMQS Exemption for Essential Public Facilities. PREVIOUS COUNCIL ACTION: On February 10, 1992, Council held the first reading of the Ordinance and raised concerns regarding the size of the ice rink and requested information regarding the maintenance of the park. The second reading of this Ordinance has been continued from numerous hearing dates. Some of the discussion at the public hearings focused on the Koch proposal for the Wagner Park Ice Rink. BACKGROUND: This development application submission is made in accordance with The First Amended and Restated Planned Unit Development/ Subdivision Agreement for the Aspen Mountain Subdivision (the "PUD Agreement ") which requires that this portion of property become an Ice Rink and Park on the newly subdivided Lot 6. Lot 6 will be created from the subdivision of Lot 5. The Planning and Zoning Commission reviewed this application at the January 7, 1992 public hearing and recommended, with conditions, approval of the amendment to the PUD Agreement, final_. development plan, subdivision, and GMQS Exemption for Essential Public Facilities. The Planning Commission approved the application for conditional use for the. skate rental building and the maintenance /equipment building and the Commission also approved parking requirements through special review. City Council approved the rezoning of this parcel from the mixed zoning of Commercial Lodge (CL) and Lodge /Tourist Residential (L /TR) to Park (P).on.October 15, 1991. Previous Conceptual PUD Approval: In July of 1990, the City Council granted approval with conditions for the Ice Rink and Park. The conceptual submission, in 1990, called for a rink of some 9,000 square feet with a restaurant of 1,800 square feet and seating for 72 people. In addition to the mechanical and equipment space, there were changing areas, a retail skating shop, rental area and offices for management. The rink had a fabric shade structure to help control ice during spring days and this was eliminated in the revised final development plan. This configuration required an encroachment of ten feet into Durant Avenue. The response from the City regarding the conceptual development plan focused on several items and in response to the issues raised, Savanah redesigned the parcel in their final development plan to create a landscaped park containing an ice rink and eliminated the encroachment onto Durant Avenue by reducing the size of the rink. Additionally, the restaurant was eliminated and replaced with a vending area. 2 KEY ISSUES: Proposed Fee Structure: At the Council meeting of June 22, 1992, discussion focused on the proposed fee structure for the ice rink facility. Savanah had stated that the ice rink would be available to the general public at commercially reasonable rates and pricing alternatives would include local passes, group discounts, value sessions and use packages. Council wanted to further define "commercially reasonable rates" and asked staff to survey other skating facilities for price comparison purposes. Staff did survey other ice skating facilities throughout the country and the information is outlined in Attachment "P ". It should be noted that there are some variables attributed to the surveyed ice skating facilities which may reflect the range in prices for ',the admission fee and the rental fee. Those variables are whether the facility is an indoor verses an outdoor facility, a refrigerated versus a natural system, and a municipally operated facility versus a privately operated facility. The prices for the admission fee and rental fee for the surveyed ice rinks vary from $4.00, to $10.00 with the average fee (for both admission and rental) of approximately $6.50. City Council had requested that Savanah provide a commitment to local affordability for the use of the ice skating rink. Savanah has proposed a first year admission fee of;, $6.50 for public ,skating sessions plus a rental fee of $1.50 to anyone with a valid Pitkin County identification (Attachment "O"). Savanah is requesting that. the price of this local admission fee be annually increased cummulatively by no more than 4% or the amount of the Colorado Consumer Price Index, whichever is greater. This pricing policy will be in effect for individual local tickets. A pass program will be established for people planning multiple use of the skating rink. The Ice Garden's current admission fee and rental fee is $5.50 and this is projected to increase to $6.00 in 1993. Savanah's proposed first year admission fee for locals is $6.50 and $1.50 for skate rentals. An item for consideration by Council is that once Savanah's outdoor rink opens, it is anticipated that the Ice Garden will sell more ice time to the hockey and skating clubs and reduce public skating sessions. Savanah may ,want to re- examine their proposed fee structure to insure that.local skaters will be drawn to Savanah's ice rink as Savanah's fees will be at least 30% higher than the Ice Garden's fees. Additional Landscaping along public right -of -way for Durant Avenue and Mill Street: i • An item that was discussed at the June 22, 1992 Council meeting which required additional staff information was the procedure for future landscaping of the public rights -of -way on Durant Avenue and Mill Street adjacent to Savanah parcel. The concept is to provide additional landscaping along Durant Avenue and Mill Street to visually screen the skaters from adjacent traffic. Council stated that they would make this determination regarding the additional landscaping in the spring of 1993 as the Koch proposal would have been through the development review process, the Aspen Area Community Plan recommendations would be finalized, and Savanah would then have sufficient time to reflect the changes in their design and construction documents for the project. According to Chuck Roth of the Engineering Department, it has been city policy not to require an encroachment license for landscaping in the public right -of -way for streets in the commercial core area. The applicant would be required to obtain an excavation permit from the Engineering Department and the permit would have to ref lect the proposed changes. Staff visited the site and recommends that the future landscaping along Durant Avenue be extended approximately eight (8) feet from the existing face of the curb on Durant Avenue and approximately fifteen (15) feet from the existing face of the curb on Mill Street. Savanah will also have to relocate the curb and gutter along both Durant Avenue and Mill Street. Additionally, staff would recommend that the sidewalks required along Durant Avenue and Mill Street remain in their present' location as depicted on the final development plan. This will provide for a landscaped separation from pedestrians on the sidewalks and the traffic on Durant Avenue and Mill Street. Staff has prepared the following revised and /or additional conditions of approval and they have been incorporated into Ordinance 12, Series of 1992. The proposed conditions are: 1) The ice rink /park shall be open during the hours of 10 am - 10 pm, seven (7) days per week, throughout the year, normal maintenance and repairs excepted, unless otherwise approved by the City. During the winter months commencing on Thanksgiving and continuing through December, January, February, and March, the ice rink shall have no less than eight (8) hours of public skating per day, weather permitting. 2) It is the intent of the operator and the city that the public use of the ice rink /park shall be encouraged and that the facility be accessible to the general public at reasonable times at commercially reasonable rates. There shall be no special pricing treatment for the individual guests of the Ritz - Carlton Aspen Hotel over the general public unless approved by the City. Pricing alternatives will include local passes, group discounts, value 4 sessions and use packages. Group /business and reserved use of the skating rink will be supplemental and ancillary to public use. The operator shall submit to the City an annual operating plan consisting of a summary of. the prior year's usage by price category and month and use projections with pricing for the coming winter skating season, on or before October 1 of each year. The operator shall be available to meet with the City to review operations and pricing upon the City's request. The operator shall offer a first year admission fee of $6.50 for public skating sessions to anyone with a valid Pitkin County identification. The price of the local admission will be annually increased cummulatively by no more than 4% or the amount of the Colorado Consumer Price Index, whichever is greater. Additionally, the price for skate rental will be $1.50. 3) -In the event that the City should_,_ by February, 12, 1993, - require Savanah to landscape the right -of -way areas along Durant Avenue and Mill Street adjacent to the ice rink /park, then Savanah shall be obligated to landscape the area(s) to the satisfaction of the City Engineer and Planning Director. The City and Savanah should insure that the landscape plan does not impact existing utilities along Durant Avenue and Mill Street. The landscaping along Durant Avenue should extend approximately eight (8) feet from the existing face of the-curb and approximately fifteen (15) feet from the existing face of the curb on Mill Street. The sidewalks along Durant Avenue and Mill Street should remain in their present location as depicted on the final development plan. 4) The operator should utilize CFC -22 in the refrigeration system for the ice rink. CURRENT ISSUES: The applicant has requested an amendment to the PUD agreement to approve the Ice Rink and Park development plan on Lot 6 of the Aspen Mountain Subdivision. The applicant also requests subdivision approval to create Lot 6, GMQS Exemption for Essential Public Facilities, and waiver of water tap fee payments. On May 21, 1992, the applicant submitted a revised final development plan, landscape plan, and has also requested the inclusion of a concession area (food service) located to the east of the mechanical building (See Attachment "B" and "C"). In connection with the concession area will be seating for approximately twenty -five people., The request for the concession area (popcorn wagon concept) would be considered as an accessory use to the ice rink and this would be addressed in the GMQS Exemption for Essential Public Facilities section in Attachment "D ". The applicant would have to provide employee housing mitigation for the concession area. E The following items are the highlights of the revised final 5 development plan: - A larger rink has been proposed and the size is 60' x 120' (See Attachment "B "). The rink previously included in the final development plan application was 60' x 851. - The skate rental building has been enlarged with slight redesigns in the structure. The mechanical building has remained the same size as. previously depicted. - The applicant has amended the application to include a concession area located to the east of the mechanical building. They would utilize a "popcorn wagon" onsite on a year -round basis. If the "popcorn wagon" concept is approved, the applicant would eliminate the vending machines located within the skate rental building and this area -would be utilized as a waiting area by skaters. The concession area would be required to receive conditional use approval prior to operation of the concession area. It would also be considered as accessory to the ice rink /park facility and eligible for GMQS Exemption for Essential Public Facility but still be required to provide employee housing mitigation. - The landscaping plan was revised to reflect the larger rink on the parcel. At the City Council meeting of May 26, Council raised concerns regarding the following issues and staff (George Pucak, Tim Anderson, George Robinson, Chuck Roth, and Diane Moore) has responded with the following comments: A) What is the appropriate size of a rink and park on this parcel? Response: Staff believes that the revised ice rink submitted by Savanah of 60' x 120' is an appropriate sized rink for this parcel. The rink is proportional in length and width and could support 100- 120 skaters per session (based on 55 sq. ft per skater) . The ice sheet is about the right size on this parcel to accomodate tourists` and local skaters along.with occasional ice shows /exhibitions. The Savanah parcel is approximately 27,080 sq. ft. in size. One of the components of the parcel that needs to be addressed is the park component. The PUD Agreement states that the "owner shall construct and operate on Lot 6 and ice skating rink and park to be a permanent community activity center ". The revised development plan depicts an ice skating rink which emcompasses 7,200 sq. ft. The landscaped green areas on the site emcompasses approximately 13,000 sq. ft. The support facilities for the ice rink /park which include the skate rental building, the mechanical building, the plaza area around the rink, the overlook N. on Durant Avenue, and the sidewalks surrounding the parcel cover the remaining areas of the parcel. A larger "ice sheet" on this site would require increased sizing of the equipment and support facilities and it would also decrease the amount of landscaped park area on the site. Staff believes that the revised plan offers a balanced site design (ice rink /park) as it relates to the size of the site and the desire to keep the buildings' size to a minimum. The 601x120' concrete slab is also a reasonable size to work with for events in the summer months. Additionally, a larger rink on the Savanah site, such as the olympic size rink proposed by David,Koch on Wagner Park (100' x 2001) would require the encroachment into the adjacent on- street and .off- street parking areas. It would also eliminate the park- like atmosphere created on the parcel and require an increase sizing of the equipment and support facilities. B) Are the support facilities the appropriate size for the revised rink (60'xl20',)? Response: The support facilities for the ice rink /park include the .skate rental building and the mechanical building. The proposed skate rental building contains 2,000 square feet of area (30' x 431). The skate rental building includes the restrooms, office, waiting /lobby area, skate storage, changing and locker area, vending machine area on the first floor and the cooling equipment on the second floor. The size of the building was increased from 1,600 sq. ft. of area to accomodate a greater number of potential skaters using the rink, to provide additional lockers and benches, and to provide for increased cooling capacity (68 ton) on the second floor of the building. The rink consultants, Boonestroo, Rosene, Anderlik & Associates, have stated the following range for determining the number of skaters using a rink. These numbers are based on the revised ice rink of 7,200 sq. ft. - crowded 288 skaters /session ( 25 sq.ft. per skater) - comfortable 131 skaters /session ( 55 sq.ft. per skater) free style 48 skaters /session (150 sq.ft. per skater) Savanah has stated that the skate rental building has approximately 600 sq.ft. to serve the uses of a waiting area while ice is conditioned, a site for ticket purchase and skate rental, locker area for storage and an area for changing into skates, and vending machines (unless concession area is approved). Assuming that 130 skaters are using the facility, this would translate into space of less than 5 square feet per person. The elimination of the vending area would make the space within the skate rental building a more comfortable waiting area. 7 The rink maintenance building contains 1,050 square feet on one floor and is divided into two separate rooms. The eastern portion contains the mechanical equipment for the ice making and storage space. The western room is for storage of the zamboni machine and landscape maintenance equipment for the park and plaza. George Pucak of the Ice Garden provided the following square footage figures of area utilized in the Ice Garden: Rental Room and Office = 300 sq. ft. Pro Shop and Storage = 600 sq. ft. Lobby Area = 560 sq. ft. Restrooms = 370 sq. ft. (Ladies at 140 is too small) Refrigeration Room = 1170 sq. ft. Zamboni Room = 240 sq. ft. Ice Surface = 15,000 sq. ft. Refrig. System Capacity = 106 tons Staff believes that the skate rental and mechanical buildings are adequately sized for a rink of this size. Staff has asked the applicant to consider providing access to the restroom facilities from the exterior.of the building. C) Does Council have the authority to.determine the size of the rink on this parcel? Response: Council does have the authority to determine the size of rink on Lot 6. The recorded restrictive. covenant for Lot 6 states: Until otherwise specifically consented to by the City, the use of Lot 6 shall be limited to a community activity center and, public ice skating rink meeting such dimensional and design constraints and incorporating such accessory uses as may be approved by the City, from time to time, during site specific review by the City of land use approvals for Lot 6, all pursuant to and as is provided for in'the PUD Agreement. The language specified in the restrictive covenant clearly states that the dimensional and design constraints are to be approved by the City Council and this would include the size of the ice rink. An equally important point is that the Section 24 -7 -903 of the Municipal Code refers to Planned Unit Development approval and the procedures require the review and approval of a conceptual and final development plan by the Planning Commission and City Council. Council has the ability, within the parameters of the Code, to determine the appropriate size and design of the ice rink /park facility. D) What do the users of the Ice Garden think about the size of this rink? q Response: George Pucak of the Ice Garden has asked several of the users of the Ice Garden (Hockey Club, Skating Club etc..) to write letters outlining their comments regarding the Savanah ice rink /park. E) What type of uses are permitted on this parcel during the summer months: Response: The Park zone district lists numerous uses as permitted uses within the parcel. Permitted . uses include open -use recreational facility, park, playfield, and playground. Other uses. focus on stables, golf course and nursery's. There are also several conditional uses that are permitted which include recreational building, restaurant,. sport shop, and maintainence building. It is staff's interpretation that the permitted and conditional uses listed in the park zone would include those uses typically associated with park areas. For example, outdoor events, rollerblading, picnicking, and art shows would be appropriate uses of the parcel. F) What type of fees and what figure will be charged for use of the rink? How will that impact the Ice Garden? Response: Savanah has stated that.their fee structure will be set to be.competitive with comparable rinks in other ski areas. Attachment "I" references a list compiled by Koch Industries that describes the fees of ice rinks. Savanah's proposal for the single use public fee for their rink would be between $7.50 and $9.00 including skate rental in the first season. Their goal is to attract local residents through various pass programs., Pending the final rink plan, Savanah will analyze the local pass program and determine the exact pricing formulas. Staff has prepared comments regarding the proposed fee struture and its potential impact:to the,Ice.Garden and that is referenced in Attachment "L". Staff has also included two conditions in Ordinance 12 which address the fee structure and operations of the ice rink. G) Does Council have the authority to tell Savanah how much they can charge the public for use of the rink? Response: The City Attorney will respond to this question. H) Is the concession area appropriate for this parcel? 9 Response:. The applicant has amended their application to include a concession area located to the east of the mechanical building. They would utilize a "popcorn wagon" onsite on a year -round basis. If the concession area is approved, then the applicant would eliminate the vending machines located within the skate rental building. Staff believes that the concession area is appropriate, and a positive feature for the parcel. The concept of a "popcorn wagon" is that it would offer limited food sevice to skaters and users of the site in the summer months. Savanah has proposed- to provide seating in this area for approkimately twenty -five (25) people and staff has placed a condition of approval in Ordinance #12 addressing the seating limitation. The concession area would have to undergo conditional use approval by the Planning & Zoning Commission; the food service would be considered as a type of restaurant. However, the concession area would be considered as accessory to the ice rink /park and thus meet the criteria for GMQS Exemption for Essential Public Facility. The concession area would still have to provide employee mitigation. Special Events Issue: As part. of the PUD review, staff has proposed that the applicant obtain special event approval from the city for those events that exclude the public. The city currently issues special event permits for activities on city property; the Ice Rink /Park property is owned and maintained by Savanah. This is a unique situation in that the property has been restricted (through a restrictive covenant) as a.community activity center and public ice skating rink but it will be privately operated. The special events procedure would insure that the facility would be accessible to the public as it, would inform the city of the scheduled activities at the facility. Both Savanah and staff agree that a special event permit system should be established by the PUD review process and a condition of approval has been included in the attached ordinance. PROJECT DESCRIPTION: The Ice Rink /Park is intended to serve as an activity center and it will be developed and maintained by Savanah. The development plan for the parcel is to provide an ice rink for public winter skating. In the summer, the rink and landscaped area will be used for a multitude of purposes, including but not limited to ballet rehearsals, community dances, art exhibits, musical performances and fund raising events. It is anticipated that the rink will operate for public skating with skate rental and a lesson program. The hours of operation for 10 ice skating will be from 10 am to 10 pm., seven days per week. A fee will be charged for the use of the rink and for skate rental and several conditions of approval have been added to address fees. The applicant. is proposing that the hours of operation for the summer would also be 10 am to 10 pm. The grading of the parcel also allows for a sloped lawn seating area on the western portion of the parcel for special events or informal usage. Entry into the park is from the four corners of the block and from Dean Street on either side of the, rink maintenance building overlook. From the two northern corners, eight foot wide sidewalks descent into the parcel. From the southern two corners, eight foot wide ramps with steps descent to the plaza level. Perimeter circulation is. provided by six foot sidewalks on all four sides of the project: Site Improvements: The site improvements consist of the rink and surrounding plaza, the four access paths entering from each corner of the property, two separate buildings and landscaping. The skate rental building is located at the east end of the site and is centered on the east -west axis. of the Ice Rink. The ground level contains the skate rental office and skate maintenance facilities with a service counter, a changing area, vending machine area, and rest rooms (See attachment, "B "). The architectural character of the skate rental building is identified by a hipped roof with dormers and classical details. The principal exterior material is brick and composite shingles on the roof. The buildings relate to the materials and character of the Ritz - Carlton Hotel. The skate rental building contains 2,000 square feet of area (30 ft. x 43 ft.). The size of the building was increased to accomodate a greater number of potential skaters using the rink, to provide additional lockers and benches, skate storage, and to provide for increased cooling capacity (on the second floor). The height of the building is 25 feet from the finished grade to the peak of the roof and a small flat area has been eliminated at the top of the roof. Because of the regrading of the site, the skate rental building will be approximately five feet below the grade of Galena Street, further reducing the perceived height from surrounding streets. The rink maintenance building is located at the south side of the rink, It is located on the central axis of the Ice Rink and the Rubey Park Transit Building. 11 The rink maintenance building is placed 8 feet below Dean Street and is hidden from the south side and partially from the east and west sides where stairs take visitors down to the ice rink. The roof of this building is. approximately 24 inches (4 steps) above the Dean Street sidewalk and provides an observation terrace above the rink.. The exterior materials and detail around the observation terrace is similar in detail and color to the railing around the Ice Rink (see Attachment "B"). The building contains 1,050 square feet on one floor and is divided into two separate rooms. The eastern portion contains the mechanical equipment for the ice making and storage space. The western room is for storage of the zamboni machine and landscape maintenance equipment for the park and plaza. REVIEW CRITERIA: This project requires multiple appovals. Review criteria is discussed-in the following attachments: Attachment "D" - GMQS Exemption for Essential Public Facilities Attachment "E" - PUD Amendment Review Criteria Attachment "F" - Subdivision Review Criteria Attachment "G" - Refferal Comments RECOMMENDATION: A. The Planning and Zoning Commission recommends approval of the amendment to the PUD Agreement, final development plan, Subdivision, and GMQS Exemption for Essential Public Facilities with the following conditions: 1. The two cottonwood trees located on the corner of Durant Avenue and Galena Street may be removed from the property and replaced with three (3) 12' to 16' spruce trees onsite. The spruce trees should be utilized to provide vegetative screening for the skate rental building.. 2. If the three spruce trees located at the mid block of the parcel (near Durant Avenue) are removed, they must be replaced with four (4) 121to 16' spruce trees. 3. Upon submission of a finalized landscape plan, a detailed description of the proposed irrigation system should be included as well as descriptions and specifications on landscape maintenance plans. 4. The applicant should readdress the landscape plan as it relates to the evergreen planting located at the west end of the parcel. 5. The curb line along the northern boundary (adjacent to Durant Avenue) shall be maintained at its existing location, unless a curb 12 extension is approved by the city engineer. 6. The architect should consider the hazards of snow slides from the roof in the roof design. 7. The applicant shall consult city engineering for design considerations regarding development within public rights -of -way and shall obtain permits for any work or development within public rights -of -way from city streets and engineering department. 8. The plat amendment shall include and indicate the electric transformer easement as needed by the City Electric Department. 9. The applicant shall agree to join any future improvement districts which may be formed for the purpose of constructing improvements in the public right -of -way. 10. The sidewalk adjacent to Durant Avenue shall be eight (8) feet in width. 11. A "drop off" area shall be designated on the north side of vacated Dean Street and depicted on the final development plan. 12. The off - street parking spaces located on the north side of vacated Dean Street shall be designated with signage as "parking only" for the Ice Rink /Park users. 13. The open space on Lot 6 shall be utilized to support the development activity on Lot 5. Notwithstanding the code definition of open space, the Commission recommends that the open space requirement for Lot 5 of the PUD Agreement shall be reduced by virtue of Lot 6 being utilized as a park. 14. An evaluation of the ventilation system for the Ice Rink should be conducted to insure that fumes will not reach unhealthy levels. 15. The applicant shall relocate and underground all electrical, telephone and cable television lines along vacated Dean Street between Galena Street and Mill Street. The applicant shall also construct new curb and gutter along the entire Lot 6 boundary on Dean Street, anew sidewalk along the property boundary on Galena Street, and a new sidewalk along the boundary on Durant Avenue and Mill Street. 16. Savanah shall apply to the City Manager for approval of special events on the subject property.- The City Manager will determine whether Council should formally review the proposed event. For those events that do not require Council approval, the City Manager would administratively approve the request and inform Council of the event. 17. Within 180 days of approval by City Council, the 13 Subdivision /PUD Agreement, Final Development Plan and Amended Plat must be recorded with the Pitkin County Clerk and Recorder. Failure to do so will render any approvals invalid unless an extension to recordation is granted by City Council. 18. All material representations made by the applicant in the application and during public meetings with the Commission and City Council shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 19. Prior to Final PUD approval by City Council, the employee housing mitigation shall be established. This includes employee generation figures, price and income categories, and type of mitigation. 20. The Parks Department recommends using rye or fescue as the turf species. 21. Trash assess area shall be depicted on the final development plan. B) Staff also recommends the following additions or revisions: 1. Condition # 12 shall be revised to read: Prior to issuance of the certificate of occupancy for ice rink, the off - street. parking spaces located on the north side of vacated Dean Street shall be designated with signage as parking for the -Ice Rink /Park users only. Nine (9) parking spaces shall be provided on the north side of Dean Street. 2. Condition #13 shall be revised to read: Consistent with the original PUD approvals, the open space on Lot 6. shall be utilized and credited to support the open space requirements for the development activity on Lot 5 including any open .space in excess of two (2) feet below the existing grade of the adjacent street. 3. Condition #16 shall be revised to read: In that Lot 6 has been restricted as a community activity center and public ice skating rink pursuant to a Declaration of Restrictive Covenant recorded on 6/29/90 (Book 624, Page 52), all special events to be conducted on Lot 6 that exclude the public shall be subject to the City of Aspen special event approval procedure. Any service of liquor, wine, or beer shall be by special events permits only. 4. Condition 119 shall be revised to read: The applicant is required to mitigate for 2 employees in connection 14 with the ice rink and 1 employee in connection with the concession area. The applicant shall deed restrict 3 rooms in the Grand Aspen Hotel according to the Category 1 Price and Income Guidelines established by the Aspen / Pitkin County Housing Authority. At the time of redevelopment of the Grand Aspen Hotel, the applicant shall provide replacement housing for the.3 employees. Prior to the issuance of any building permits, the applicant shall file an appropriate Deed Restriction with the Pitkin County Clerk and Recorder for the housing mitigation described above and the Deed Restriction language shall be approved by the Planning Department and the Housing Authority. 5. Condition # 1 shall be revised to read: The two cottonwood trees located on the corner of Durant Avenue and Galena Street may be removed from the property and replaced with three (3) 12' to 16' spruce trees onsite. 6. The following condition shall be added: The ice rink /park shall be open during the hours of 10 am - 10 pm, seven (7) days per week, throughout the year, normal maintainence and repairs excepted, unless otherwise approved by the City. During the winter months commencing on Thanksgiving and continuing through December, January, February, and March, the ice rink shall have no less than eight (8) hours of public skating per day, weather permitting. 7. The following condition shall be added: The applicant shall provide a guarantee for one hundred twenty - five (125) percent of the current estimated cost of the landscaping improvements in the approved landscape plan as estimated by the city engineer. 8. The following condition shall be added: The applicant shall provide a guarantee in a form satisfactory to the City Attorney for one hundred (100) percent of the current estimated cost of public improvements within the public right -of- way to accomodate the development as estimated by the city engineer. 9. The following condition shall be added: The food service area for the ice rink /park shall be limited to the concession area which is identified on the final development plan. The concession area shall provide seating for twenty -five people or less. 10. The following condition shall be added: 15 0 . 0 The concession area shall undergo conditional use review prior to operation of the concession area. If conditional use approval is not granted, then the concession area may not be utilized on the site for food service. 11. The following condition shall be added: The ice rink cooling system shall be designed by a professional engineer.. 12. The following condition shall be added: It is the intent of the operator and the city that the public use of the ice rink /park shall be encouraged and that the facility be accessible to the general public at reasonable times at. commercially reasonable - rates. There shall be no special pricing treatment for the individual guests of. the Ritz - Carlton Aspen Hotel over the general public unless approved by the City. Pricing alternatives will include local passes, group discounts, value sessions and use packages. Group /business and reserved use of the skating rink will be supplemental and ancillary to public use. The operator shall submit to the City an annual operating plan consisting of a summary of the prior year's usage by price category and month and use projections with pricing for the upcoming winter skating season, on or before October 1 of each year. The operator shall be available to meet with the City to review operations and pricing upon the City's request. The operator shall offer a first year admission fee of $6.50 for public skating sessions to anyone with a valid Pitkin County identification. The price of the local admission will be annually increased cummulatively by no more than 4% or the amount of the Colorado Consumer Price Index, whichever is greater. Additionally, the price for skate rental will be $1.50. 13. The following condition,shall be added: In the event that the City should, by February 12, 1993, require Savanah to landscape the right -of -way areas along Durant Avenue and Mill Street adjacent to the ice rink /park,. then Savanah shall be obligated to landscape the area(s) to the satisfaction of the City Engineer and Planning Director. The City and Savanah should insure that the landscape .plan does not impact existing utilities along Durant Avenue and Mill Street. The landscaping along Durant Avenue should extend approximately eight (8) feet from the existing face of the curb and approximately fifteen (15) feet from the existing face of the curb on Mill Street. The sidewalks along Durant Avenue and Mill Street should remain in their present location as. depicted on the final development plan. 16 14) The following condition shall be added: The operator should utilize CFC -22 in the refrigeration system for the ice rink. (All staff recommendations, as noted above, have been contained within the Ordinance) PROPOSED MOTION: "I move to approve the second reading of Ordinance 12, Series of 1992 approving the amendment to the PUD Agreement, final development plan, subdivision, and GMQS Exemption for Essential Public Facilities. ALTERNATIVES: Council could recommend continuance of this item in order to address any outstanding issues. CITY MANAGER COMMENTS: Attachments: "A" - Ordinance 12, Series of 1992 "B" - Letter dated May 21, 1992 from Savanah - Revised Plans "C" — Letter dated June 2, 1992 from Savanah "D" - GMQS Exemption for Essential Public Facilities - Review Criteria "E" - PUD Amendment Review Criteria "F "'- Subdivision Review.Criteria "G" - Referral Summaries "H" - Referral Comments "I" - Fee List for Existing Skating Rinks "J" - Letter from Perry Harvey to Diane Moore "K" - Letter from Amy Margerum to Perry Harvey "L" - Memo from George Pucak and Tim Anderson "M" - Letter from Perry Harvey to Diane Moore "N" - Letter from Catherine Markly to Perry Harvey "O" - Letter from Perry Harvey to Diane Moore dated June 26, 1992 "P" - Memo from Tim Anderson and George Pucak - Price Survey jt.dm.ice.rink.memo.june 17 ORDINANCE # 12 (Series of 1992) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING THE ASPEN WINTER GARDEN AMENDMENTS TO THE FIRST AMENDED AND RESTATED PLANNED UNIT DEVELOPMENT/ SUBDIVISION AGREEMENT FOR THE ASPEN MOUNTAIN SUBDIVISION, FINAL PUD DEVELOPMENT PLAN, SUBDIVISION, AND GROWTH MANAGEMENT EXEMPTION FOR ESSENTIAL PUBLIC FACILITIES FOR LOTS A THROUGH I, BLOCK 91, CITY AND TOWNSITE OF ASPEN WHEREAS, the Aspen Winter Garden property has been designated Park (P) with PUD overlay on the Official Zone District Map; and WHEREAS, the Aspen Winter Garden Conceptual PUD Development Plan received Conceptual approval with conditions from the Aspen City Council in July of 1990; and WHEREAS, the Savanah Limited Partnership submitted to the Planning Office on September 25, 1991, a Final PUD Development Plan application for the development of an Ice Rink and Park on Lot 6, and requests for Subdivision, Growth Management Exemption for Essential Public Facilities, Waiver of park dedication fees, Waiver of water tap fees, Conditional Use for, the skate rental and maintenance building, and Special Review for parking in the Park zone; and WHEREAS, the development application submission has been made in accordance with The First Amended and Restated Planned Unit Development /Subdivision Agreement for the Aspen Mountain Subdivision (PUD Agreement) which requires that Lot 6 of the property become an Ice Rink and Park; and 1 WHEREAS, referral comments were received from the Engineering Department, Water Department, Parks Department, Environmental Health Department, Ice Garden, and the Aspen /Pitkin County Housing Authority; and WHEREAS, there is nothing inconsistent between the foregoing described review standards and the type and level of development activity contemplated in the PUD Agreement for the Ice Rink and Park; and WHEREAS, the Planning Commission reviewed the application in consideration of the review standards for: final PUD development plan (Section 24 -7 -903), Subdivision (Section 24 -7- 1004), Growth Management Quota System (Article 8 of Chapter 24), Special Review (Section 24 -7 -404), Conditional Uses (Section 24 -7 -301), and the comments received from referral agencies; and WHEREAS, the Planning and Zoning Commission held a duly noticed Public Hearing on January 7, 1992, after which it recommended approval with conditions for the Aspen Winter Garden final PUD development plan, Subdivision, Growth Management Exemption for Essential Public Facilities, Conditional Use, and Special Review for Parking in the Park Zone; and WHEREAS, the City Council may grant approvals to final PUD development plan (Section 24 -7 -903), Subdivision (Section 24 -7- 1004) Growth Management Exemption for Essential Public Facilities (Article 8 of Chapter 24), and amendment to the PUD Agreement; and WHEREAS, the City Council has determined that the applicant's K request for waiver of the water tap fees does not meet the standards established by ordinance #90 -8, Series of 1990, whereby tap fees are only waived for 100% employee housing as approved by the City Council and administered by the Aspen /Pitkin County Housing Authority; and WHEREAS, the PUD Agreement specifically states that Lot 6 shall not be assessed a Park Dedication Fee; and WHEREAS, the City Council, having considered the Planning and Zoning Commission's recommendations for the Aspen Winter Garden, does wish to grant the approvals with conditions. NOW, THERFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section.l: The City Council finds that the final PUD development plan for the Aspen Winter Garden (ice rink /park) is consistent with the conceptual PUD development plan. Section 2: The City Council finds that the development meets the standards from Section 24 -7 -.903 of the Aspen Municipal Code, which are not inconsistent with the development plan for the property approved by the PUD Agreement, and does hereby grant final PUD development plan approval with the following conditions: 1. Upon submission of a finalized landscape plan, .a detailed description of the proposed irrigation system should be included as well as descriptions and specifications. on landscape maintenance plans. 2. If the three spruce trees located at the mid block of the parcel 3 (near Durant Avenue) are removed, they shall be replaced with four (4) 12' to 16' spruce trees onsite. 3. The two cottonwood trees located on the corner of Durant Avenue and Galena Street may be removed from the property and replaced with three (3) 12' to 16' spruce trees onsite. 4. A "drop off" area shall be designated on the north side of vacated Dean Street and depicted on the final development plan. 5. Prior to. issuance of the Certificate of Occupancy for the ice rink, the off - street parking spaces-located-on the north.-side of vacated Dean Street shall be designated with signage as parking for the Ice Rink /Park users only. Nine (9) parking spaces shall be provided on the north side of vacated Dean Street. 6. Consistent with the original PUD approvals, the open space on Lot 6 shall be utilized and credited to support the open space requirements for the development activity on Lot 5 including any open space in excess of two (2) feet below the existing grade of the adjacent street. 7. In that Lot 6 (ice rink /park) has been restricted as a community activity center and public ice skating rink pursuant to a Declaration of Restrictive Covenant recorded on 6./29/90 (Book 624, Page 52), all special events to be conducted on Lot 6 that exclude the public shall be subject to the city special event approval procedure. Any service of liquor, wine, or beer shall be by special events permit only. 8. The ice rink /park shall be open during the hours of 10 am - 10 4 pm, seven (7) days per week, throughout the year, unless otherwise approved by the City. During the winter months commencing on Thanksgiving and continuing through December, January, February, and March, the ice rink shall have no less than eight (8) hours of public skating per day, weather permitting. 9. The trash access area shall be depicted on the final PUD development plan. 10. An evaluation of the ventilation system for the Ice Rink should be conducted to insure that fumes will not reach unhealthy levels. 11. The applicant should readdress the landscape plan as it relates to the evergreen planting located at the west end of the parcel. 12. The architect should consider the hazards of snow slides from the roof in the roof design. 13. It is the intent of the operator and the city that the public use of the ice rink /park shall be encouraged and that the facility be accessible to the general public at reasonable times at commercially reasonable rates. There shall be no special pricing treatment for the individual guests of the Ritz - Carlton Aspen Hotel over the general public unless approved by the City. Pricing alternatives will include local passes, group discounts, value sessions, and use packages. Group /business and reserved use of the skating rink will be supplemental and ancillary to public use. The operator shall submit to the City an annual operating plan consisting of a summary of the prior year's usage by price category and month and use projections with pricing for the coming winter skating season, on or before October 1 of each year. The operator k, shall be available to meet with the city to review operations and pricing upon the City's request. The operator shall offer a first year admission fee of $6.50 for public skating sessions to anyone with a valid Pitkin County identification. The price of the local admission wil be annually increased cummulatively by no more than 4% or the amount of the Colorado Consumer Price Index, whichever is greater. Additionally, the price for skate rental will be $1.50. 14. The food service area for the ice rink /park shall be limited to the concession area which is depicted on the final development plan. The concession area shall provide seating for twenty -five (25) people or less. 15.-The concession area shall undergo conditional use review prior to operation of the concession area. If conditional use approval is not granted, then the concession area may not be utilized on the site for food service. 16. The ice rink cooling system shall be designed by a professional engineer. 17. In the event that the City should, by February 12, 1993, require Savanah to landscape the right -of -way areas along Durant Avenue and Mill Street adjacent to the ice rink /park, then Savanah shall be obligated to landscape the area to the satisfaction of the City Engineer and Planning Director. The City and Savanah should insure that the landscape plan does not impact existing utilities along Durant Avenue and Mill Street. The landscaping along Durant Avenue should extend approximately eight (8) feet from 2 the existing face of the curb and approximately fifteen (15) feet from the existing face of the curb on Mill Street. The sidewalks along Durant Avenue and Mill Street should remain in their present location as depicted on the final development plan. 18. The operator should utilize CFC -22 in the refrigeration system for the ice rink. Section 3: Having found that the development meets the standards contained in Division 10 of the Land Use Code, City Council grants approval..of.Subdivision with the following conditions: 1. The curb line along the northern boundary.(adjacent to Durant Avenue) shall be maintained.at its existing location, unless a curb extension is approved by the city engineer. 2. The plat amendment shall include and indicate the electric transformer easement as needed by the City Electric Department. 3.. The applicant shall consult city engineering for design considerations regarding development within public rights -of way and shall obtain permits for any work or development within public rights -of -way from the city streets and engineering department. 4. The applicant shall agree to join any future improvement districts which may be formed for the purpose of constructing improvements in the public right -of -way. 5. The sidewalk adjacent to Durant Avenue shall be eight (8) feet in width,. 6. The applicant shall relocate and underground all electrical, telephone and cable television lines along vacated Dean Street between Galena Street and Mill Street. The applicant shall also 7 construct new curb and gutter along the entire Lot 6 boundary on Dean Street, a new sidewalk along the property boundary on Galena Street, and a new sidewalk along the.boundary on Durant Avenue and Mill Street. 7. The applicant shall provide a guarantee for one hundred twenty- five (125) percent of the current estimated cost of the landscaping improvements in the approved landscape plan as estimated by the city engineer. 8.. The applicant shall provide a guarantee .for one.hundred. (100) percent of the current estimated cost of public improvements within the public right -of -way to accomodate the development as estimated by the city engineer. Section 4: The.City Council finds that the development meets the standards of Article 8 of Chapter 24 of the Aspen Municipal Code and does hereby grant Growth Management System Exemption for Essential Public Facilities with the following conditions: 1. The applicant is required to mitigate for 2 employees in connection with the ice rink and 1 employee in connection with the concession area. The applicant shall deed restrict three rooms in the Grand Aspen Hotel according to the Category 1 Price and Income Guidelines established by the Aspen / Pitkin County Housing Authority. At the time of redevelopment of the Grand Aspen Hotel, the applicant shall provide comparable deed restricted replacement housing for the 3 employees. 2. Prior to. the issuance of any building permits, the applicant shall file an appropriate Deed Restriction with the Pitkin County E3 Clerk and Recorder for the housing mitigation described above and the Deed Restriction language shall be approved by the Planning Department and the Housing Authority. Section 5: All material representations made by the applicant in the application and during public meetings with the Planning Commission and City Council shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. Section 6: The. City Council finds that the PUD Agreement specifically states that Lot 6 (Ice Rink and Park) shall not be assessed a Park Dedication Fee and no fee shall be required. Section 7: The City Council finds that the applicant's water tap . fee waiver request does not meet the standards for a waiver under Ordinance 90 -8 (Series of 1990), and does hereby deny a waiver of water tap fees. Section 8.: Within 180 days of approval by City Council, the PUD Agreement, Final Development Plan and Amended Subdivision Plat must be recorded with the Pitkin County Clerk and Recorder. Failure to do so will render any approvals invalid unless an extension to recordation is granted by City Council. The final development plan shall consist of final drawings depicting the site plan, landscape plan,:utility plan and building elevations. Section 9: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court or competent jurisdiction, such provision and such holding shall not affect the validity of the 0J remaining portions thereof. Section 10: This ordinance shall not effect any existing litigation and shall not operate.as.an abatement of any action or preceeding 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 11: A public hearing on the Ordinance shall be held on the ninth day of March, 1992 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which a hearing of 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 tenth day of February 1992. ATTEST: Kathryn S. Koch, City Clerk John Bennett, Mayor FINALLY, adopted, passed and approved this day of 1992. ATTEST: Kathryn S. Koch, City Clerk jtdm:aspen.winter.ord. 10 John Bennett, Mayor SAVANAH LIMITED PARTNERSHIP. Ferdinand i_. Belz tit May 21, 1992 Aspen City Council 130 S. Galena St Aspen, CO 81611 Re: Proposed Ice Rink & Park Dear Mayor Bennett and Council Members: Savanah Limited Partnership ("Savanahl is pleased to submit this revised design for -the Joe mink and park proposed to be constructed on the proposed Lot 6 of the Aspen Mountain Subdivision. BACKGROUND: In the PUD approved in 1990 by the voters, Savanah agreed to construct and operate an ice skating rink and park to be a permanent community activity center. In July 1990, a conceptual approval was granted by the City Council with the conditions of our redesigning the rink to downsize the skate rental, and the changing and food service areas. to make the project more park like and less commercial and urban. Our final submission was made on September 25, 1991, and called for a 60 x 65 foot skating rink, a mechanical building of 1050 square feet and a skate rental, concession building of 900 square feet. The balance of the site was landscaped. This plan was approved by the Planning & Zoning Commission and forwarded to City Council. After only preliminary meetings we agreed to table our application for further consideration by the City of the proposal for Wagner Park as put forward by David Koch. Savanah feels that the rink on Wagner Park would provide for a win -win situation for the City. Lot 6 is too small to provide for a full size rink because of both site constraints and the fact that no one wants a large empty concrete plaza during the summer months. Further, the site is too small to allow for seating for ice skating demonstrations or shows. Thus, a full size rink on Wagner Park which can be covered and re- sodded in the summer, plus a landscaped park on Lot 6 gives the City the greatest amount of public amenity. (iO(1 1:. Stim.' _ 1 0 Aspen City Council May 21 1992 Page -2- PROPOSAL SUMMARY: 0 During the weeks of discussion regarding the rink location and size Savanah has reeocamined its proposal to ensure that our rink will be the best community amenity that it can be while still maintaining the summer park like feel and the greatest amount of open space ambiance. Us Savanah's sincere goal to create a project which meets the goals and needs of the.Aspen.community. We arse dedicated to Aspen.and intend to be a long -term corporate Citizen of the highest standing in-Aspen. We have therefore created a redesigned rink for your consideration along the following parameters. 1. The rink has been enlarged from 60 x 85 feet to 60 x 120 feet for a 40% increase in the skating surface. The size was arrived at to meet several criteria This is as large as we can go with our 68 ton refrigeration system. Any larger and we would have to increase to a 100 ton refs igeration plant, necessitating a dramatic increase in the dw and height of the mechanical building. Any larger and we would also need a larger zamboni which would also increase the size and height of the maintenance building. 2. The skate rental building has been increased from 30 x 30 to 30 x 43 to accommodate the.greater number of potential skaters using the rink at any one time. This increase in size also allows for the greater cooling requirements in the roof space of this building given the larger surface of ice. The elevations. have changed very slightly and the building height to the very top of the pitched roof is 25 feet from the ice rink finished grade. The height change has resulted from elimination of. the small flat area at the top of the roof. The roof is now a simple pitched roof. S. The grading has been changed to elevate the-rink surface by one foot This will allow for maintaining the same grade in the landscaped hill at the west end of the site to keep this space usable for people to sit on during the summer. This change means the mechanical building is now approximately 24" (4 steps) above the Dean Street sidewalk. 4. The landscaping remains the same in design. Because the plaza has been expanded the number of trees along the pathways has been reduced to allow for the expansion. All other landscaping aspects have been maintained. • Aspen City Council May 21, 1992 Page --3- 5. A fire pit has been located at the western end of the rink to allow for a gas log fire to enhance the - skating experience. 6. Finally, to the east of the stairs from Dean Street to the rink a site has been allocated for a - "popcorn wagorf or similar facility. This has been introduced for several reasons. By eliminating the vending machines in the skate rental building we can maximize that space for skaters waiting while the surface is deaned--and for skaters putting on skates. ' Also, - summer, a popcorn wagon will add activity and energy to this site and will attract people to this park for lunch. The tables on the plaza and edge of the rink surface will also make the rink less of an empty, concrete surface in the summer. Finally, the range of snacks and drinks provided by a popcom wagon will better serve the. needs of users of this site without creating a large commercial building. Savanah feels that the changes in this proposal are dramatic and will create a very special community amenity for the residents of and visitors to Aspen. We offer this revised proposal. because we want to do our part in every project to maintain Aspen as the finest mountain resort in the world and to preserve and enhance the special ambiance that keeps the local residents living and working here. Savanah is sure that the City Council and the citizens alike will appreciate this willingness on our part to expand this amenity and will recognize our commitment to the Aspen community and our common future. 101\10C1012.7L -n•r. e. b mra ..Le. r a .Vu DEAN STREET DURANT' 'AVENUE The ASPEN ICE RINK Revised Lot 6 Aspen, Colorado ® 1 1�1 rx o a �e Y !0', 101! xox is r�111f fU�1.N KIM Il, \I �� weer .ri�un,l\ �n.l I •u LAYOUT & GRADING PLAN x 7 "I L Ownt 9b "t Aorm oo moll O!\ e !00 100 L depe lat A. 0/ /ieit � ("s) ta-M .(303) 1044 x 7 NORTH ELEVATION VV trvo, 7 *.' .. a 0 i - -. - _ 2m- IRAGMAN TAW ; CNf[EGTS �n "Td Wu mow' I :1 r 3 nAc AR( c �•n ROOF OVERLOOK PLAN `.ra' -tears �_ ru..•Vrn •».. LAN �e 1. RINK MAINTENANCE BUILDING z w Q c� a z w .o A w �q • �r IJ r 4,EVATION F.Aar ,ELF NATION l�.i o RINK MAINTENANCE BUILDING ESI' ELEVATION o _ NLM <a..l i i T7 y.a • 1 1 1 1 1. = ttl.ta .[ � [• : • i , t . .a.L� • — — ._�. . ....._ � � _ =emu t •. r nut _ _ y RINK MAINTENANCE BUILDING SAVANAH LIMITED PARTNERSHIP June 2, 1992, 2 Ms. Diane Moore Planning Director City of Aspen 130 S. Galena Street Aspen, CO 81611 Dear Diane,- Regarding our meeting on May 29, 1992, I offer the following further information about the ice'rink proposed for Lot 6 of the Aspen Mountain PUD; 1) Rink Size: We agree with you and the City staff that this rink is the right size for this parcel of land within the city scape. We feel that any expansion of the parcel through encroachments into surrounding streets is- inappropriate due to the scale of the city scape and, the need for flexibility in future planning efforts for the Grand Aspen site. Dean Street needs to be maintained to allow for parking, for rink employees, skater drop -off and service in addition to pedestrian and other access needs. The rink size has been established by considering the community needs for skating, the ice surface as it relates to the size of the site, the desire for a summer park feel and the further desire to keep the buildings' size to a minimum. The skate rental buildingg is at an absolute minimum to provide bathrooms, skate rental, and a changing and waiting area for skaters. The other determining factor for this building is the space needed on the upper floor for the equipment to cool the refrigeration plant. 2) , Rink Capacity & Fees: The rink consultants have stated the following range for determining the number of skaters using a rink. These numbers are based on our rink of 7,200 square feet. • crowded: 288 skaters (25 sq ft. per skater) • comfortable: 131 of (55 11 ) • free style: 48 ft (150 40 ) 600 C.Coo.per Si. Sulk.' 200 . :AS1)CJ). CO. 8 1 6 1 1 - 30:3/92 5-42 1-) • 1=.\\ 9)25 -435 i • Diane Moore June 2, 1992 Page Two • The rink will be open twelve hours daily, allowing for potential daily use by over 1,200 people. The hours of 3:OOPM to 7:OOPM will probably be the busiest. At the "comfortable level" between 500. and 1,000 people will be able to skate during this period. Since most people will probably free skate for less than an hour the actual use can be 20 -25% higher than these estimates. , The fee structure will be set to be competitive with comparable rinks in other ski areas and with the costs in Aspen for outdoor winter activities. Rinks in other ski areas charge admission and skate rental fees ranging from $6.00 at the resort at Squaw Creek, California to* $16.00 at:- the High Camp rink At-Squaw Valley, California. We feel that the single use public fee for our rink will be between $7.50 and $9.00 including skate rental in the first season. Our goal is to attract local residents through.various pass programs. Pending the final rink plan we will analyze the local pass program and determine the exact pricing formulas. 3) Food Service: We are amending our submission regarding the food service for the ice rink /park. The skate rental building currently has approximately 600 square feet to serve the many uses of a waiting area while the ice is conditioned, a site for ticket purchase and skate rental, an area for changing into and out of skates, a locker area for storage of shoes, and _a site for vending of snacks and beverages. Assume the 130 person "comfortable format" and this space is less than five square feet per person. With a separate concession area we can eliminate the vending. This will free up this room somewhat and direct people to another portion of the site while the rink surface is being conditioned. We. are proposing a concession area to the east of the mechanical building. We are considering a "Popcorn Wagon" because of the activity and vitality that type of facility provides in other locations in Aspen and Snowmass. The existence of this facility will be important for the skaters in the winter. The summer uses and activity levels for the site remain a question at this time. The Popcorn Wagon will provide vitality and create an .activity center on. this site. The Paradise Bakery corner and existing Popcorn Wagon have been praised by the Character Committee and the Open Space Committee involved in the Community Planning effort as creating a draw to areas of town for residents and visitors alike. r � Diane Moore June 2, 1992 Page Three A small but vital activity center is an added benefit for this site. In connection with this concession area will be seating for approximately twenty -five people. In the winter we will explore using propane heaters during evening hours and on very cold days to make the outdoor seating more inviting. This seating configuration is slightly less than the capacity at the corner by the Mill Street fountain. 4) Employee Generation: We have reexamined the employee generation figures in light of the increase in rink size. There will be no change in the analysis for the rink operation itself. Therefore we will maintain our commitments as outlined in the letter to you dated February 4•; 1992. The concession stand will generate employees for food preparation only. There will be no wait staff because all food and beverages will be self service. During the winter one person will be adequate for most of the day. During the late afternoon and evening two people will be working for the busy times of December 15th through March 30th. In the summer we are assuming the same level of daily needs as in the winter. This is conservative as there will be no natural traffic to or by the site as exists by the Mill Street fountain. Nonetheless we are using these numbers to be conservative in estimating our needs. Our generation is based on the following : o Winter: 12 hours at 1.5 people = 18 hours per day 7 days weekly 19 weeks 2,394 hours. Summer: 10 hours daily @ 1.5 people = 15 hours per day 7 days weekly 17 weeks 1,785 hours t o Off Season: 5 hours @ 1 person = 5 hours per day 5 days weekly 6 weeks = 150 hours Total Hours = 4,329 T 2,080 = 2.08 FTEE 60% of this is 1.25 people to be housed. � r Diane Moore June 2, 1992 Page Four . Our housing requirement for the rink is 1.88 people. Thus our total requirement, if we put in the planned concession stand will be 3.13. We propose to deed restrict 3 rooms in the Grand Aspen under the low income guidelines. When we amend the PUD for the Grand Aspen. we must agree to.a suitable replacement site for 3.5 employees housed in the Grand Aspen in connection with the Ritz - Carlton. At that time we will also establish the replacement venue for the rink related employees. The fractional - employee will be ._paid for -through cash in. lieu at the low income .guidelines. 5) Snow Removal & Storage:. You requested that we address snow removal and storage on site. The area in front of the skate rental and mechanical building and the stairs to Dean Street are all snow melted. Snow from the rink will be stored on the Western portion of the site behind the gas fire pit. Snow from the walks will be stored on the vegetated areas around the site. The snow picked up by the zamboni will be melted in a pit within the mechanical building. We hope these responses address the remaining issues and that the final approval will be granted for this project at the June 8, 1992 public hearing. Sincerely yours, Perry H ey PH:ag 101\6DM1012.0 • ATTACHMENT "D" r GMQS Exemption for Essential Public Facilities - Pursuant to Section 24 -8 -104 of the Municipal Code, City Council may.grant GMQS Exemption for the construction of essential public facilities which would include the ice rink /park facility and the concession area (popcorn wagon concept). The concession area would have to undergo conditional use approval by the Planning & Zoning Commission; the food service would be considered as a type of restaurant. However, the concession area would be considered as accessory to the ice rink /park and thus meet the criteria for•GMQS Exemption for Essential Public Facility. Development shall be considered- ari" essential public facility if. it serves an essential public purpose, provides facilities in repsonse to -the demands of growth, is not itself a growth generator, is available for use by the general public, and serves the needs of the city. An applicant for exemption must demonstrate that the following impacts of the essential public facility be mitigated: 1. Generation of Additional Employees: Based on discussions and information supplied by the Housing Authority, the Director of the Ice Garden and the applicant, the facility is expected to generate 5.1 full time employees on a year - round basis. The applicant is required to provide mitigation for 60% of the employees generated. Thus, the applicant would have to mitigate for 3 employees for both the ice rink /park and concessin area. Savanah proposes to deed restrict three rooms in the Grand Aspen Hotel according to the Category 1 price and income guidelines. When the Grand Aspen Hotel is redeveloped, Savanah must provide replacement housing for the 3 employees associated with the Ice Rink /Park facility and the concession area. 2. Demand for Parking: The parking provisions for this site were discussed at length in the review of the PUD development plan. Staff believes that the proposed parking for this parcel is adequate mitigation. 3. Demand for Transit Services and Impact on Roads: Because of the rink's location in the heart of the lodge district, the vast majority of patrons of the rink will walk or utilize the Rubey Park Transit Center. Additionally, the Galana Street Shuttle is currently operating from the parking garage to the Gondola and this will provide residents and visitors with alternative • r transportation. 4. Demand on other Public Services No demand on public services other than those previously anticipated are expected as a result of the construction of the rink. 5. Impact on Community Resources and Visual Compatibility-with Surrounding Area. The creation of a landscaped park and rink on this -site is visually compatible with the Rubey Park Transit Building and surrounding areas. The impact on air, water, and energy resources will be positive as the construction of the rink replaces many residential uses on this property which contained fireplaces and kitchens. Staff believes that this proposal meets the criteria to be. considered an essential public facility and exempted from the GMQS. SAVANAH LIMITED PARTNERSHIP February 4, 1992 Ms. Diane Moore Planning Director City of Aspen 130 S. Galena St. Aspen, Colorado 81611 - - - Dear Diane, David Tolan and I met today to discuss the employee generation for the Ice Rink & Park. In my application I requested a deferral of. the employee housing until the amendment for Phase II was reviewed because we feel we will be eliminating a number of full time employees at.that time. As we agreed we need to deal with mitigation now as a condition of receiving an exemption from GMQS competition as an essential community facility. I have enclosed a letter from the ice rink consultants regarding winter staffing. Dave and I seem to be in agreement with this level for the staffing. We have calculated year round employment as follows: WINTER (NOV. 15 - APRIL 10)z 20 weeks 259 hours /week = 5,180 hours SUMMER (JUNE 1 - AUG. 30): 12 weeks 1 employee for 42 hours = 504 hours (6 days, 7 hrs. daily) 1 employee for 30 hours= 360 hours OFF SEASON (SEPT. 1 - NOV. 15, APRIL 11 - MAY 31): 20 weeks, 1 person 25 hours /week = 500 hours ANNUAL HOURS: 6,540 hours In the PUD "we agreed to house 60% of the FTEE as . determined by ' 2 houtz per employee. Thus, we will generate 3.14 employees. Sixty per cent trans ates to 1.88 people. We propose to deed 600 E.Cooper St. Suite 200 • Aspen. CO. 8 I G 1 1 • 303/925-4272 • FAX 925-4387 • Ms. Diane Moore Feb. 4, 1992 Page 2 restrict two of the rooms in the Grand Aspen under the low income guidelines. When we review the PUD amendment for the Grand Aspen we must agree. to a suitable replacement site for 3.5 employees housed in the Grand Aspen in connection with the Ritz - Carlton. At that time we. will. also-agree upon a replacement . venue, if needed, for the rink employees... - ..:... _ . _... . Please contact me if you need further information. Sincerely, Perry arvey PH:ks Ferdin L. Belz III Execut a Director ATTACHMENT "E" Planned Unit Development - Section 24 -7 -903 of the Aspen Municipal Code outlines the amendment process for PUD's. It states that any amendment to a PUD development order (other than an insubstantial amendment) shall be approved pursuant to the terms and procedures of the final development plan, provided that the proposed change is consistent with or an enhancement of the approved final development plan. Thus, the procedures for an amendment to the PUD development order would be the review standards outlined in Section 24 -7 -903 of the Code and this- memo will review. the criteria applicable to this proposal. Previous.Conceptual PUD Approval: In July of 1990, the City Council granted approval with conditions for the Ice Rink and Park. The conceptual submission called for a rink of some 9,000 square feet with a restaurant of 1,800 square feet and seating for 72 people. In addition to the mechanical and equipment space, there were changing areas, a retail skating shop, rental area and offices for management. The rink had a fabric shade structure to help control ice during spring days and this has been eliminated in the revised plan. This configuration required an encroachment of ten feet into Durant Avenue. The response from the City focused on several items: 1) The land parcel was suitable for a rink and community activity center. 2) It was not appropriate to encroach into Durant Avenue. 3) The proposal was too commercial and urban. The desire of the Planning & Zoning Commission was for a more park -like area with a rink in it and with more public access. 4) While skate rental, changing area and food service was desirable, it should be as a support service for the rink. These facilities should be down -sized from the conceptual submission. In response to these conceptual issues, Savanah redesigned the property to create a landscaped park,containing a skating rink and has eliminated the encroachment into Durant Avenue by reducing the size of the rink to 60' by 851. Additionally, the restaurant was eliminated and replaced with a vending area. The review standards outlined in Section 24 -7 -903 of the Code apply to this application and the criteria is as follows: 1. Land Uses - The land uses permitted shall be those -of the underlying zone district. The underlying zone district is.Park and the permitted uses within this zone district allow an ice rink • and park facility. Additionally, the applicant has received conditional use approval for the skate rental building and the maintenance /equipment building by the Planning Commission. 2. Dimensional requirements - The dimensional requirements shall be those of the underlying zone district and variations may be permitted. The dimensional requirements which shall apply to all permitted and conditional uses in the Park zone district shall be set by the adoption of the final development plan, pursuant to Article 7, Division 9, Planned Unit Development. Review of the final development plan indicates that the proposed dimensional requirements depicted in the final development plan are appropriate . for this use of the parcel.. 3. Off- street parking - The off - street parking requirements for this use within the Park zone district are set by special review. The Commission approved the parking plan by special review at their January 7, 1992 meeting. The Commission also recommended that a "drop off" area be established on Dean Street so that the users can access the facility from a safe location. The Commission also recommended that the nine (9) spaces along the north side of vacated Dean Street. be designated with signage as parking for the Ice Rink /Park users only. 4.. Open Space - The open space requirement shall be that of the underlying zone district. The underlying zone district is the Park zone district and the open space requirement shall be set by the adoption of the final development plan, .pursuant to Article 7, Division 9, Planned Unit Development. This 27,080 parcel will be virtually all open space and will be enhanced with the proposed landscape plan. The open space provided in this parcel will be for the mutual benefit of all the development in the Apen Mountain PUD. Additionally, the applicant recorded a deed restriction for Lot 6 on June 20, 1990, which restricts the use of Lot 6 to a community activity center and public ice skating rink. It should be noted that the open space on Lot 6 will support development activity on Lot 5 (redevelopment of Grand Aspen Hotel), as outlined in the PUD agreement - (see attachment "I"). 5. Landscape Plan - The applicant has submitted a landscape plan for the site. Overall, the applicant intends to provide landscape treatment on the site. The planting plan uses Norway Maples as street trees and there are several existing as street trees on Durant Avenue and Dean Street,. At the west end of the site, existing, proposed and relocated • spruce trees are used to form a buffer for the park. Evergreen shrubs will be planted at. the north and south edges of the property. The beds adjacent to the walks will be' planted with flowering perennials to provide seasonal color. The remainder of the project will be sodded with turf to allow for seating or informal activity. During the conceptual PUD review of this project, the City requested the following: a) The two cottonwoods at.the corner of Durant Avenue and Galena Street should remain. b) The three spruce trees at the mid block could perhaps be relocated but Parks is concerned about the risk of the trees not surviving. c) The spruce tree at the corner of Dean and Mill Streets to remain. but could be relocated with some.risk.. d) The Aspen and mountain ash trees can be removed. e) The two spruce trees at the corner of Mill Street and Durant Avenue should remain. Savanah wants to remove the cottonwoods at the corner of Durant Avenue and Galena Street as they disrupt circulation at the corner entrance to the site and sidewalk installation could. destroy the trees. The Planning Commission stated that the cottonwoods could be removed from the property and replaced with three (3) 12' - 16' spruce trees onsite. Savanah will have to remove the three spruce trees at mid block because of rink and overlook design and they will be replaced with four (4) 12' - 16' spruce trees. The spruce trees at the corner of Dean and Mill Streets will be relocated onsite. The.Aspen and mountain ash trees will be removed and the two spruce trees at the corner of Durant Avenue and Mill Street will remain. 6. Architectural site plan - The applicant has submitted the elevations and floor plans and the proposed buildings and material and the proposed designs are suitable for the intended purposes (See attachment "I "). 7. Lighting - Lighting for the project consists of street lights along Durant Avenue and Dean Street with downlight architectural fixtures spaced equally around the oval of the rink to light this central plaza space for skating or other evening activities. 8. Public Facilities - Adequate public facilities are available to accomodate the proposed development. The PUD agreement states that the applicant shall relocate underground all electrical, telephone • 0 and cable television lines along vacated Dean Street between Galena and Mill Streets. The PUD agreement also requires the applicant to construct new curb and gutter along the entire Lot 6 boundary on Dean Street, a new sidewalk along the proposed Lot 6 boundary on Galena Street, a new sidewalk along the boundary on Durant Avenue and Mill Streets. 9. Traffic and pedestrian circulation - The project poses little impediments to pedestrian and vehicular circulation. The parcel is primarily pedestrian oriented. Dean Street has been vacated and is adequate for delivery purpposes. Dean Street will also serve as a dropping off point for users, thus limiting the potential for congestion along Durant Avenue. The development plan incorporate sidewalks and entry access points thoughout the property. The parcel is located directly across the street from the Rubey Park Transit .Center and this-will provide. transportation for users of the facility. ' Additionally, the Ice Rink /Park is in the area designated as the town resort center and this is in close proximity to tourist accomdations as well as the downtown*. ATTACHMENT 'IF" Subdivision: Section' 7-1004.C. contains the review criteria for subdivisions. The general criteria and staff review are as follows: a. The proposed development shall be consistent with the Aspen Area Comprehensive Plan. The. Plan designates this area as Recreational / Accomodation, the purpose of which is "to allow for the recreation and accomodation needs of the visitor. to Aspen in an area that is especially, suited for this because of its unity with and identity to, the proposed transportation system,-the ski area and the-- central area.. -.." The recreational element in the heart of the tourist district is consistent with the Land Use designation and is well located to serve the needs of visitors.and residents because of its.central location. b. The proposed development shall be consistent with the character of existing land uses in the surrounding area. The prposed Ice Rink /Park is consistent with the character of the existing land uses in the area. The Ice Rink /Park is at the base of Aspen Mountain which is the focal point for numerous recreational activities. The surrounding lodge and tourist accomodations will be able to take advantage of this recreational amenity. C. The proposed development shall not adversely affect the future development of the surrounding area. The Ice Rink /Park parcel is part of the Phase II development of the Aspen Mountain PUD. The Phase I portion of the Aspen Mountain PUD is the development of;. the Ritz - Carlton Hotel which is located to the west of this parcel. The surrounding neighborhood consists primarily of tourist and residential accomodations which, would support this community.amenity. d. The proposed subdivision shall be in compliance with all applicable requirements of this chapter. The PUD agreement requires that this parcel be designated as an Ice Rink /Park facility and the PUD agreement was approved by the voters in February of 1990. GMGS Exemption for Essential Public Facilities is required for this parcel and final approval is by City Council. The proposed subdivision will be in compliance with the PUD agreement and the applicable requirements of this chapter. All utility extensions will be located to best provide services of minimum length and maintain minimum depth and separation. The city engineer has stated that the drainage proposal meets subdivision requirements. The plat amendment must indicate the electric transformer easement as needed by the City Electric Department. Additionally, the applicant shall construct the site improvements outlined in the PUD agreement. 0. ATTACHMENT "G" REFERRAL COMMENTS: The following are summaries of .comments received by the Planning Office. for the application submitted September /1991. Complete memo's are contained in Attachment "H". Additionally, staff has provided comments regarding the revised final development plan (submitted on May 21, 1992) . and these are addressed in the memorandum. Engineering: Chuck Roth forwards these comments: General Comments - The blueprints appear to indicate that the curb line was intended to extend further into the street than existing conditions. The applicant-indicated-that the curb line would be maintained.at its existing location which coincides with engineering - .department recommendations in March of 1990. - Due to snow on the ground, it was not feasible to determine the condition of the existing curb and gutter.. New curb and gutter must be installed as needed on the three adjacent public rights -of -way. - The adopted sidewalk, curb and gutter plan calls for 8' wide sidewalks in the commercial core, which includes both sides of Durant Street, and 5' wide sidewalks elsewhere. The plan indicates a 6' sidewalk on Durant Avenue and this must be upgraded to an 8' sidewalk. - Snow shed from steep roofs has been a problem in town. The architect should consider the hazards of snow slides from the roof in the roof design. - Given the continuous problems of unapproved work and development in. public rights -of -way, we would advise the applicant as follows: The applicant shall consult city engineering for design considerations of development within public rights -of -way and shall obtain permits for any work or development within public rights -of -way from city streets department.. - Will the sidewalks be heated? There are no code requirements about heating sidewalks but the engineering department recommends that the sidewalks with proposed grade of 5% be required to be heated for pedestrial safety. Subdivision comments: - The drainage proposal meets subdivision requirements. - The plat amendment must indicate the electric transformer easement as needed by the City Electric Department. - The applicant shall agree to join any future improvement districts which may be formed for the purpose of constructing improvements in the public right -of -way using language currently available from the city attorney's office. Waiver of Off - street Parking Requirements: - The applicant should have prepared a parking anaylsis prepared by a traffic engineer so that the reviewing agencies would know normal parking generation due to employees, park /ice rink users, and delivery vehicles. It would appear appropriate to require parking for employees at the site. As to the amount of parking for users, with the Rubey Park Transit Center across the street, a reduction in the number of spaces could be discussed. It is questionable to reduce the amount of spaces for ice rink users to be reduced to zero.. .Information regarding available on- street parking in the vicinity shows that Durant Avenue frontage offer about 13 parallel spaces, the Galena Street frontage offers about 10 angle parking spaces, and Mill Street frontage offers about 5 parallel parking spaces. The Dean Street frontage is now private property and approximately 13 parallel parking spaces are located here. Environmental Health: The following comments were offered: - Wastewater disposal for the property is currently provided by the Aspen Consolidated Sanitation District. The rental building and maintenance structure are to be connected to the central collection system. - Water is provided by the Aspen Water Department distribution system. The rental building an maintenance structure are to be connected to the 6" water main in the street supplied by the municipal water system. - A firm experienced in designing ventilation systems for ice rinks should evaluate the mechanical area, the maintenance building and especially the sunken rink itself to ensure that fumes will not reach unhealthful levels. Carbon monoxide levels from the Zamboni are a significant health concern. - As the applicant points out, the location of the facility next to Rubey Park and downtown hotels will encourage people to use the bus or. walk. We would prefer that a minimum amount of parking be provided to encourage people, to walk or take the bus. - The type'of coolant to be used was not specified. We would like the applicant to evaluate alternatives to freon. - The applicant shall be required to comply with Chapter 16 of the Aspen Municipal Code, entitled Noise Abatement. Any complaints from neighboring properties that are registered with this office will be investigated using this document. Ice Garden: George Pucak offers the following comments: - The refrigerant for the refrigeration system should be defined as to type and properties. The best one in use today would be CFC- 22. - Per the report and information provided by Perry Harvey, the ice rink will operate from November 15 through April 10, which would involve 20 -21 weeks of operation. The staffing would involve 3 4 people at any time to operate and controll the ice surface. Based on the hours of operation, 6.3 employees would be required for the operations projected. Parks Department: George Robinson offers the following comments: - .Sloped lawn - what type of turf species will be utilized? The Parks Department recommends rye or fescue species. - Upon submission of a finalized landscape plan, a detailed - description of the proposed irrigation system should be included as well as descriptions and specifications on landscape maintenance plans. - We would recommend that the 2 existing cottonwoods located on the corner of Durant Avenue and Galena Street remain. - The applicant should try to utilize the three spruce trees located at the mid -block of; the parcel .(near Durant Avenue) within the landscape plan. If these trees must be removed, then they should be replaced with nine (9) 12' - 16' spruce trees. - Proposed fees for ice rentals? A � To: Dune Moore, Planning Office FROM: Oeorge Pucak, ice Garden Manager.-, s l RE: Aspen Winter Garden P.U.D. DATE: December 16, 1991 - My comments regarding the WinterGarden P.J.D. Amendment are as follows: 1). Refrigerant -The refrigerant for the refrigeration system should be defined as to type and properties. The best one in use today would be CFC -22 (Chiorodiflouromethane or R -22 ). See attached Ozone Depletion Potential Factors chart provided. 2). Staffing - per the report and information provided by Perry Harvey, the rink will operate from November 15 through April 10, which would involve 20-21 weeks of operation. The staffing would involve 3 -4 people at any time to operate (skate room - 2 persons and at least 1 person, possibly two, checking and controlling the ice surface. Based on this and the hours of operation, the following is projected: Operations: i Oam -. 10 pm daily = 12 hours 12 hours x 7 days /week = 84 hours /week 84 hours /week x 3 staff = 252 staff hours /week 252 staff hours /week - 40 /hr = 6.3 employees Operations are projected for 20 weeks = 126 employee weeks -6. 4� f rru Environmental. Health on free market incentives to control CFC and Ozone Depletion Potential Factors halon production. Specifically, the EPA plans to alloc ue production rights, b:Isrd on 1986 Chemical Potential Atmospheric production, to current CFC producers. Ozone Lifetime "Presumably,-said Scidta, '`As dem:n,,Ls Depletion Factor (years) for products that use CFCs increase, the price will rise, providing an incentive for recycling CFC -11 1.00 75.0 CFCs and developing new chemicals and alter- CFC -12 1.00 111.0 - native technologies." CFC -113 0.80 90.0 "There are a couple of slippery passages in CFC -114 1.00 185.0 the Protocol," said economist Daniel Dudek of CFC -115' 0.60 :'380,0 the Environmental Defense Fund. These CFC -22 0.05 -- = 20.0 would allow a 10 percent increase in produc- Methyl Chloroform 0.10 `6;5;: tion limits during 1989-94 and 15 percent �' 4- to accommodate sales to less �:. Carbon Tetrachloride 1.06 °- .. .50.0 :::: between 199 98 s.- ' Halon- 1211- 3 -04 r ` " 25:b.- developed countries. Halon 1301 ;' ' is are tapped Dudek 10.00. -:'� ;:I10:0:`°a "If those adjustments ,, 44 _ Hon -2 _ NA 02 6 . A-0�. The Release of Chemicals That Destroy r 52 Federal Register 47498 : z . Ozone Is Expected to Fall ... projected �.:- - = =:a��` •- t,.�.. •,'•::• � � • -i Lim t ng.CFC and halon emiss><oills "_�;�; . Me a� CFC.12 - �rJt' E DSO • Because' CFCs or halotu escape to the atmosphere wticri -:: «';� '••. ; 6FC- containing products are discarded, "and k 8250' CFC A •• d, e?i'L� . I�yB.. 200 coffer etteMVc ways to reduce emissions; Wcordiilg Environmental Defense Fund (EDF) studysj ` ,. :. = , 'S° E 100 gs 2000 .90 .` -> :What are the targets? Rigid foams for uisulattonand.:: ;'gar; W as packaging account for 51 percent of CK-4 I "and ?l l pent of 70 *7s so CFC -12 used in the United States. Fleiuble °foarnsforfu riripre i-`. ; mow= .. But Their Level in the Atmosphere =-and auto seats account for about 15 percent`of CFC- 1lYirsc: Atr Wli Rise for Decades Anyway ,.., conditioning and refrigeration use CFCs -11, 12, or'22.` Mobt�e air conditioners account for 37 percent of U.S.:CFC -12 tee. CFC -12 CFC -113 and methyl chloroform solvents are:used as- deaners for electronics, in paints, dry cleaning, and _industrial deaning. - CFC -12 is a sterilant for hospital equipment and medical , = g s CFCA1 instruments. Halon 1301 and 1211 are used in fire n *0 i \•• extinguishers. _ a Recovering CFCs from automobile air conditioners, refrig- _ `eratois dry cleaners, and solvent uses offeisitlie greatest.' :. C 25 dpromise for recovery and recycling. Care in servicing refrigera- zo tors and air conditioners could prevent refrigerant from escap- o ,1s 2040 zos° lobo ing to the atmosphere. Recovery devices (vampires) could ; ; -: = a .10 ees 2000 2010 �0 2025 er allow svice people to remove refrigerant:from old appliances .y :_, ;. l _ �::::: s::';, fir. ;..,,.,: Even though CFC emissions decline, because for reuse. ' the chemicals sre1ong- lasting, CFC levels in - "The typical refrigerator or automobile with air condition- the upper atmosphere are expected to climb ing simply languishes in the junkyard and at some time is even if controls limit their production and crushed so that CFCs slowly dribble out to the atmosphere," emissions. Copyrig1%1 © 1 9SH b,• tl,c Ncw York Time, Co. At 1)(ed bq Sidebar continued on next page• pern,i:.i m. C:nnpilcd a:,n, „)u..uurct- b.' d,c Environnxn ul tX(cn.- Fund. FIVE -7,-7 MEMORANDUM To: Diane Moore, Planning Director From: Chuck Roth, City Engineer Date: December 31, 1991 Re: Aspen Mountain PUD - Ice Rink - GMQS Exemption & Conditional Use Having reviewed the above referenced application, and having made a site. inspection, the engineering department has the following comments: - General Comments - 1. The blueprints appear to indicate that the curb line was intended to extend further into the street than existing conditions. This was discussed at the Development Review Committee meeting. The applicant indicated that the curb line would be maintained at its existing location which coincides with engineering department recommendations in March of 1990. 2. Due to snow on the ground, it was not feasible to determine the condition of the existing curb and gutter. New curb and gutter must be installed as needed on the three adjacent public rights - of -way. 3. The adopted sidewalk, curb and gutter plan calls for 8' wide sidewalks in the commercial core, which includes both sides of Durant Street,. and 5' wide sidewalks elsewhere. The plans appear to indicate a 6' wide sidewalk on Durant. This must be upgraded to 8' wide. 4. The surface of the ice rink has been cut in half from previous plans - from 9,000 to 4,500 square feet. In previous plans there was a proposed encroachment of about ten feet. The encroachment was determined to be inappropriate by the City. The reduction of ice rink size may be an unnecessarily large reduction when only ten feet of encroachment was a problem. Ten feet over a length of two hundred feet would only account for a 2,000 square foot reduction. Examining the site plan, one wonders if the newly proposed rink is unnecessarily smaller than the rink size originally presented. Note that the rezoning application of June 27, 1991, continued to show the size of rink (9,000 square feet) that was originally proposed. 5. Snow shed from steep roofs has been a problem in town. The proposed architectural appearance of the skate rental building.is pleasing, however there must be protection for the public from the hazards of snow slides off of the roof. 6. The proposed architectural appearance of the rink maintenance building does not appear to match the character of the skate rental building. Perhaps the semi- circular window over the skate rental entry way and the hipped roof angles and decorative roof cresting of the skate 'rental building could be carried forward over the doors and windows of the maintenance building. The upper corners of the walls at the garage doors could also be forty -five degrees instead of square corners. 7. Will the sidewalks be heated? There are no code requirements or* restrictions about heating sidewalks, but the engineering department recommends that the sidewalks with proposed grades of 5% be required to be heated -for_. pedestrian safety.. For. heatmelt systems installed in public rights -of -way, electrical heating systems are nor permitted. 8.' On page 16 "A fee will be charged for the use of the rink...." Has this been contemplated in previous applications and reviews? 9. Given the continuous problems of unapproved work and development in public rights -of -way, we would advise the applicant as follows: The applicant shall consult city engineering (920 -5080) for design considerations of development within public rights -of -way and shall obtain permits for any work or development within public rights -of -way from city streets department (920 - 5130). Subdivision to Create Lot 6 - lo. Is it in the public interest to create a separate lot? Why is this being requested? It provides the ability to convey the lot separately from the rest of the project. Should not the lot remain part of the main- - project parcel ? - Should not the ice rink be operated by the.hotel operator? 11. Drainage - The drainage proposal meets subdivision requirements 12. Utilities - The plat amendment must indicate the electric transformer easement as needed by the City Electric Department. 13. The applicant shall agree to join any future improvement dis- tricts which may be formed for the purpose of constructing improvements. in the public right -of -way using language currently available from the city attorney's office. Exemption from GMQS - 14. The application appears to be meet exemption requirements. 2- Exemption from tap fee payments - 15. Please obtain comment on this from Water Department. Note that in earlier years, under previous councils, tap fee waivers were actually paid for by the city from the general fund in order to maintain revenue accountability for the water fund. Waiver of Off - street Parking Requirements - Note that this: request for a waiver of off - street parking requirements, is a change from the statement in the rezoning application of June 27, 1991, that "Parking requirements for the Ice Rink and Park will be analyzed as part of the development review for the Southern portion of Lot 5." The application should have presented a. parking .analysis prepared by a traffic engineer so that the reviewing agencies would know normal parking generation due to employees, service and delivery vehicles, and park and ice rink users _prior to being requested to comment on parking requirements. As we discussed, it would appear appropriate to require parking for employees at the site. As to the amount of parking to require for users, with the Ruby Park Transit Center across the street, a reduction in the number of spaces could be discussed. It is however questionable for the amount of spaces for ice rink users to be reduced to zero. On page 26, item 3. "....the vast majority of patrons of the rink are expected to walk to the rink from their accomodations." Majority ..... perhaps. Vast majority ..... ? Perhaps not. The community is actually short of ice time that is available to the public. Between figure skating, hockey programs, and special events, the actual hours that the Aspen Ice Garden are available to the public is quite limited. It is quite possible that at least enough community use and use by lodgers not within walking distance should be realized so as not to eliminate. parking requirements based on "the vast majroity" of -users being within walking distance. .Per your request, the following information is submitted concerning available on- street parking in the vicinity. The Durant Street frontage offers about 13 on- street, parallel parking spaces. The Galena Street frontage offers about '10 on- street, angle parking spaces. The Mill Street frontage will offer about 5 on- street, parallel parking spaces. The Dean Street frontage is now private property. There is the ability to provide about 13 off - street, parallel parking spaces on the Dean Street frontage. J0 Postponement of Review for Employee Housing_- No- comment. cc: Bob Gish, Public Works Director cr /M91.280 30 • • DEG 3 1 TO: Diane Moore, City Planning Director FROM: George Robinson, Acting Leisure Services Director DATE: December 31, 1991. RE Aspen Winter Garden, Aspen Mountain Subdivision, Amended PUD Subdivision Upon reviewal of the Amended PUD Subdivision. Proposed Lot 6 for the Aspen Winter Garden of the Aspen Mountain Subdivision, the Parks Department has the following concerns and /or comments. In regards to the proposed landscape design /plans, it should be noted that the two Cottonwoods on the corner of Durant and Galena Street are healthy trees and not at the end of their life expectancy. The spruce trees located mid block on Durant Ave are also healthy trees and would recommend efforts be made to save the trees and design around them. However, "if" a tree removal permit is granted, the trees should be replaced with a minimum Of, 9, 12 to 16 feet in height spruce trees (page 13 states mitigation would be "9 new spruce trees between 8 and 16 feet in height "). All trees to be relocated should be contracted out to a company willing to guarantee the transplant success, Savannah will be responsible for replacing any relocated trees (with comparable worth trees) that do not survive transplanting. It is recommended that the turf type (sod or seed) be composed of rye or fescue species. Upon submission of a finalized landscape plan, a detailed description of the proposed irrigation system should be included as well as descriptions and specifications on landscape maintenance plans. The irrigation system and design should be in compliance with the newly adopted Water Conservation Ordinance. This department would recommend against rezoning the parcel as a "park ". The City of Aspen's Ice Garden is zoned "Public" and Parks Department would recommend the Savannah Aspen Winter Garden be zoned the same. Public zoning could be more conducive for their proposed special events for summer usage. However, it is recommended that Savannah not be exempt from special event review. This could set an unacceptable precedent for the future. If Savannah plans to set up tents for summer special events, it is suggested that permanent fixtures be set in the ground for guy wires and the like, versus driving stakes into the ground and destroying turf and breaking irrigation lines. The plan for slope lawn seating (page 11) may be appropriate for summer. special events but may become a problem for winter special events. In regards to al parking, will the parallel and angle parking along Durant, Mill, Dean and Galena remain? If not, this department believes they should not be exempt from off street parking requirements. Lastly, the Parks Department recommends against waiving water tap fees. The City Parks and the City Ice Garden are required to pay water tap fees and see no reason for Savannah to be exempt. ASPEN *PITKIN ENVIRONMENTAL HEALTH DEPARTMENT MEMORANDUM To: Diane Moore, Planning Office DEC 1 6 From: Environmental Health Department Date: December 16, 1991 Re: Aspen Winter Garden PUD Amendment Case No. A54 -91 The Aspen /Pitkin Environmental Health Department has reviewed the above- mentioned land use submittal for the following concerns. The authority for this review is granted to this office by the Aspen /Pitkin Planning Office as stated. in Chapter =24 of the Aspen Municipal Code. SEWAGE TREATMENT AND COLLECTION: Wastewater disposal for the applicant's property is currently provided by the Aspen Consolidated Sanitation District. This conforms with Section 1 -2.3 of the Pitkin County Regulations On Individual Sewage Disposal Systems policy to "require the use of public sewer systems wherever and whenever feasible, and to limit the installation of individual sewage disposal systems only to areas that are not feasible for. public sewers". The rental building and maintenance structure are to be connected to the central collection system. ADEOUATE PROVI_SIONS FOR WATER NEEDS: \ Water for the applicant's property is currently provided by the Aspen Water Department distribution system. This conforms with Section 23 -55 of the Ashen Municipal Code requiring such projects "which use water shall be connected to the municipal water utility system ". The rental building and maintenance structure are to be connected to the 6" water main in the street supplied by the municipal water system. AIR QUALITY: V� A firm experienced in designing ventilation systems for ice rinks should evaluate the mechanical area, the maintenance building and especially the sunken rink itself to ensure that fumes will not reach unhealthful levels. Depending on how many feet the rink is sunken and the enclosure created by trees and. buildings, carbon monoxide levels from the Zamboni are a significant health concern. We would like a condition of approval to be a review from such a firm indicating that the design will not cause high carbon monoxide levels to build up. As the applicant points out, the location of the facility next to Rubey park and downtown hotels will encourage people to use the bus or walk to get to the site, instead of driving. We would prefer that a minimum amount of parking be provided, to encourage people to walk or take the bus to the rink, instead of driving a car. The type of coolant to be used was not specified. We would like the applicant to evaluate alternatives to freon which will not contribute to destruction of the ozone layer and global warming. It is possible that a safe alternative does not exist, but the applicant should rule out better alternatives before using freon. .1 CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: The proposal. has been modified.to eliminate the restaurant in the area. .No review or license are now required from this department. However, any special events where food is served will still need to be reviewed by this office to ensure compliance with the Rules and Regulations Governing the Sanitation of Food Service Establishments in the State of Colorado. NOISE• The applicant shall be required to comply with Chapter 16 of the Aspen Municipal Code, titled Noise Abatement. Any complaints from neighboring properties that are registered with this office will be investigated using this document. It is important for the applicant to recognize that noise generated from the rink may impact the immediate neighborhood, and take precautions to minimize that impact. An example of a potential problem might rest with amplified music or a loud speaker system to be used in conjunction with the rink, if that is proposed. 361- OTHER SIMILAR RINKS FACILITY NAME:. Winter Lodge LOCATION: Palo Alto, CA Physical Data: Outdoor Rink 65 ft. x 125 ft. Operational Data: 9 month season Elevation = sea level Wind and humidity problems Programs: Public skating (300 -400 attendanceiti.-ty) Private sessions Lessons (1,000 people in program) Show (400 -500 people per show) Staffing: 4 fulltime ($10/hr) 28 parttime ($5 -6/hr) Instructors ($16/hr) 30704.Rpt 4. Fees: Budget: FACILITY NAME: LOCATION: - Admission $4.00 Skate Rental $1.00 Lessons $25 -30 for 1/2 hr. Shows $25.00 Operation covers costs and rehabilitation. Rink is non -profit (ISIA, USFSA). High Camp Rink Squaw. Valley,_ CA Physical Data: Outdoor Rink 100 ft. x 200 ft. Elevation - 81200 ft. Operational Data: Open mid -Nov. to April Hours: 10:00 A.M. - 9:00 P.M. Tarp 15 ft. above rink for shade. (Putting this in now to extend season). { Programs: Open skating (300 -500 /day attendance) Lessons Staffing: 10 employees l Fees: Admission $14.00 Adults (incl. cable car ride) $8.00 Children (incl. cable car ride) Skate Rental $2.00 Lessons $10.00/20 min. Adults Lessons $ 8.00 /20 min. Children FACILITY NAME: LOCATION: Physical Data: 30704,Rpt Resort at Squaw Creek Squaw Creek, CA Outdoor Rink 60 ft. x 80 ft. Elevation = 6,200 ft. a I, Operational Data: November to April season Hours: 9:00 A.M. - 9:00 P.M. Solar gain a problem. Covered with blankets when warm/sunny. Music very important Programs: Public skating (50-60/2 hr. session) Parties Conference Groups Special Events Staffing: 4 employees ($7.25/hr) Manager Fees: Admission $4.00/2 hr. session Skate Rental $2.00 Parties $50/hr. + skate rental Budget: Not believed to be profitable, as guests of the resort are not charged admission. FACILITY NAME: Park City Ski Resort LOCATION: Park City, UT Physical Data: Outdoor Rink 40 ft. x 80 ft. oval Mall type setting Operational Data: November to April season. Hours 11:00 A.M. to 9:00 P.M. Some soft ice in April (afternoons) Programs: Public skating Figure skating (small routines) Staffing: 2 employees Maintenance from Resort Center Fees: Admission $7.00, Adult 6.00 Children (Incl. skate rental) Budget: Operates with profit in December and January, deficit in other months. ,in7nA T?r)t 6. L I A W 4 FACEL1TY NAME: Sun Valley Sid Area LOCATION: Sun Valley, ID Physical Data: Outdoor Rink (adjacent to indoor rink) aft. x 180 ft. —for (�A—cu­rta—m-&-p�ulley system s—ha-a—e-� Operational Data: Year-round season. Hours: 10:00 A.M. - 10:00 P.M. winter 7:00 A.M. - 10:00 P.M. summer Closes end of April for maintenance. Shares plant. with h indoor rink. Programs: Public skating 1(200-�0 lday winter) Dinner shows Skating school (in summer) Staffing- 2 fulltime maintenance 10 parttime (maximum) 5 instructors Fees: Admission $6.00 Adult 5.00 Children Skate rental $2-00 Dinner shows $20.00/person ' -' $58.00/person incl. dinner Lessons $25.00 per 1/2 hour Budget: Outdoor rink operates at a profit. Adjacent indoor rink run at a deficit. 30704.Rpt 7. SAVANAH LIMITED PARTNERSHIP FEB 1 91992 February 14, 1992 ..Ms. Diane Moore City.of Aspen Planning Dept. - 130 S. Galena St. Aspen, Colorado 81611 Dear Diane, In response to Council comments at the first reading for the Ice Rink, I would offer the following statements. The desire for any special use permit calling for alcohol to go to Council is agreeable, as we discussed. The concern over maintenance seems easily satisfied. The mere fact that this site is the entrance to Savanah's properties is, we feel, adequate motivation for us to maintain this site at the highest possible level. Our employee estimates indicated a full time manager and in the summer an additional employee for 30 hours weekly whose primary responsibility will be grounds maintenance. During the winter the City has regulations requiring sidewalk maintenance. The rink will be prepared each morning and will be maintained during the day as conditions and traffic warrant. Rink maintenance will consist of snow removal and treating the ice with a zamboni to resurface the rink. It is in our best interest to provide complete maintenance of the ice, surrounding the plaza and buildings again, because it is the entrance to our properties and reflects on the quality of each project. The operational information is outlined in the application. Our .present intent is to operate from 10:00 a.m. to 10:00 p.m. seven days weekly during the ski season. The rink will be available for public skating and we hope to begin a figure skating lesson program in connection with the Ice Garden. Our rate structure has not been finalized. We will charge a fee for public skating and a separate fee for skate rental. These fees will be affordable and are intended to stimulate wide use by the public. The fees will be charged equally to all members of the public. A season pass may be offered for residents, youth and senior citizens in either a punch GOO .I-.COOi)e1- S t . SUitc 200 • Aspc i i . Ci). S I G I 1 • 303/925 -4272 • FAX 925 -4387 • Ms. Diane Moore Feb. 14, 1992 Page 2 is pass or days per week format. Other options for pricing will be if a lodge wishes to offer guests a reduced rate and wishes to make a payment arrangement, we will oblige. Use of the rink for ski clubs, the Youth Center or other groups will be accommodated as needed during the non -peak hours. We feel that approximately 75% of the time will be for public use:" We would like Council to sponsor a competition among the citizens to name the Ice Rink & Park. Aspen has a wonderful tradition of naming parks after important and long time citizens of Aspen. The site of the rink was the original home of Curt Chase, the first head of the Aspen Mountain Patrol and ski school. The Aspen Winter Garden is a name simply to identify the site during - approvals. Please consider presenting this idea to the Council during the public hearing. We will make the final change to insure that the name blends with the PUD lodge properties. . I .hope these comments are helpful and if you need further information, please call.' Sincerely you rs, ble Perry arvey 7 PH:ks 2DM1002.1L 10ACOIC T '-V - • Aspen /Pi 130 .aspe March 22, 1990 a 5r tkyn�_. 1 ning Office ►.oi.h- = a a� tree t n;c o "_e; 81611 J Perry A. Harvey, Director Hadid Aspen Holdings, Inc. 600 East Cooper Street, Suite 200 Aspen Colorado 81611 Dear Perry: FAXED I am writing in response to your letter dated March 14, 1990 with regard to the Lot 5 "Phase II" submission of the Aspen Mountain Subdivision and Planned Unit Development and your follow up letter of March 16 regarding the Floor Area Ratio on Lot 5. It .is my understanding that you are requesting that your application for Phase II, which originally included both the Ice Rink and Park component (Lot 6) and the Hotel Phase II (Lot 5), be bifurcated and that we only process the Ice Rink and Park subdivision and rezoning at this time. . This will be a consolidated two step review with the Planning Commission and the City Council. The remainder of the application will be processed subsequent to the Ice Rink and Park and scheduled appropriately before the Planning.. Commission and the City... Council as a four step process.taking to consideration other applications and staff workload. As you summarized in your letter, the FAR limits for Lot 5.have already been set and agreed upon in the PUD agreement which was ratified by the voters last month. In addition, the open space on the northerly portion of Lot 5 (new Lot 6) will support the development activity on the southerly portion of Lot 5, as outlined in the PUD agreement. The bottom line is that the PUD' agreement provides you with 115,000 square feet of FAR on Lot 5. The PUD agreement, supported by the City Clerk's minutes of the May 9, 1988 City Council meeting, does support your claim that the FAR on Lot 5 for Phase II of the hotel is over and above any park or public use, i.e. essential community services (including accessory structures to service an ice rink) on Lot 6. 3s • In addition, the Planning office will review the parking and employee generation requirements for the Ice Rink and Park and may choose to defer these issues to be analyzed as part of the entire Lot 5 proposal for Phase II if it makes sense to do so and protects the City's interest. At this point I cannot commit to deferring analysis of these issues. I will consider your letter of March 14 a formal request for subdivision of that portion of Lot 5 lying north of the vacated Dean Street in addition to the previous request for rezoning and deed restrictions as per your previous application. Please contact me if you have any questions or concerns. otherwise we will continue to process your application for the subdivision and rezoning associated with the Ice Rink and Park, now scheduled for April 3 in front of the Planning Commission-. Sincerely G Amy 7n'g arge Pl Dire r cc: Tom Baker Leslie Lamont Sandy Stuller SC l %//1jC7Nt t- N / TO: MAYOR AND COUNCIL THRU: AMY MARGERUM AND DIANE MOORE FROM: TIM ANDERSON AND GEORGE PUCAK, REC DEPARTMENTJ_.� - 4,1 ' DATE: JUNE 4, 1992 RE: COMMENTS ON COUNCILS QUESTIONS REGARDS RITZ RINK The following information and comments are provided concerning questions raised during recent council meetings regarding the effects of the proposed Ritz ice rink. Duestion * 1: Question of Ritz site -ice. sheet. The revised'size submitted by the Savaneh Partnership of .60 -X 120 1s probably the best size for that space. it is proportional in length_and width. Any larger ice sheet sizing will not allow for a comfortable park setting during the summer months. Additionally, a larger sheet would require increased sizing of the equipment and support facilities. The size could probably support 100 -120 skaters based on medium usage (50sq. ft. per skater). it is our recommendation that the refrigeration system be sized large enough to provide skateable ice after 3 pm daily, even on days with a >�._� t -,!e sun load and wind. This would assume a skating season from NovembL = : st thr .jgh* the end of March. Question 02: What is the square footage utilized by the Ice Garden? The Ice Garden is utilized as follows: Rental Room and Office = 300 sq, ft. Pro Shop and Storage = 600 sq. ft. Lobby Area = 560 sq. ft. Ft. Restrooms .= 1 170 sq. ft. (Ladies at 140 is too small) Refrigeration Room= 1 170 sq. ft. Zamboni Room = 240 sq. ft. Ice Surface (E'= 185) = Approx. 15,000 sq. ft. Refrig. Syster t _tpacity = 106 tans (two compressors) Normal Refrig. needs = 53 tons (1 compressor) �luestian �4 _ Comments on the Ritz fee structure. Currently the Ice Garden operates on the following fee structure. Admission Adult - 4.00 session Youth - 3.00 1 Tot - 2.00 Skate Rentals - $ 1.50 pair It is recommended that the Ritz otter some type of price packaging to allow the local community to skate at somewhere near the Ice Borden. rates. A-*c Hyl F"�( " � 40 SAVANAH LIMITED PARTNERSHIP June 15, 1992 Ms. Diane Moore Director of Planning City of Aspen 130 S. Galena St. Aspen, CO 81611 Dear Diane, Regarding the Ice Rink approval, I offer the following suggestions for changes to the language of Ordinance 12, Series of 1992. 1. Section 2, Item 8 -This should read that during the months of December, January, February and March the Ice Rink shall be open, weather permitting, seven (7) days weekly from 10:00 a.m. to 10:00 p.m. unless otherwise extended by a special event permit. 2. Section 2, Item 13 - -It is the intent of the operator of the rink and park that public use shall be encouraged and that the facility be accessible to the general public at reasonable times at commercially reasonable rates. There shall be no special pricing treatment for the individual guests of the Ritz - Carlton Aspen Hotel over the general public or by approval of city council. In keeping with the aforementioned statement of intent it is anticipated that the pricing will have a form of local pass prices, group discounts, value sessions and use packages. Group business and reserved use of the skating will be supplemental and ancillary to public sessions. The operator shall submit for Council's information an annual operating plan consisting of a summary of the prior year's operations and pricing and use projections for the coming winter skating season. Should Council, after review of the information, so decide, the operator shall be available to meet in a work session at Council's convenience. The other issues outstanding are the cottonwoods and the spruce trees behind the skate rental building. We will be prepared to address these on Monday night, June 22, 1992. Please call if you need additional information. Perry e !►j� PH:ks 101 \7DM1012.7L 600 1--'.Cooper S 1 . Suile 200 • ASpen. CO. 8 1 6 1 1 • 30-`)/925-427-1 • FAN 92,73-4-3871 ALPINE Design • A -14 k rn Landscape Architecture June 16, 1992 Perry Harvey Savanah Ltd. Partnership 600 East Cooper St. Suite 200 Aspen, CO 81611 Dear Perry: This letter is in response to your request for my professional opinion regarding the issue of two large cottonwood trees at the corner of Durant and Galena Streets, on the future site of the ice rink proposed by Savanah. As a landscape architect and a former city planner, I will offer comments in the following areas: planning, design, and construction. 1. Planning. Pedestrian circulation from Ruby Park to the Little Nell base area and shopping is currently not as focused as it might be. The construction of an ice rink in front of the Grand Aspen opens up the area for pedestrian traffic and creates a focal point. Primary pedestrian traffic flow. i s from the northwest corner of Durant and Galena to the southwest and northeast corners, thence on to the Little Nell base area. A well defined, open and inviting entrance at the southwest corner of Durant and Galena Streets will help contain pedestrian circulation to. the appropriate crosswalk areas at the street intersections, thereby reducing mid -block crossing. The two existing cottonwoods at this corner make it difficult to create an open and inviting pedestrian plaza at this corner. 2. Des i gn. The ice rink plan by Design Workshop, Inc., is fairly formal ringed completely with the street trees approved by the City. This formal i ty and design concept would be interrupted by the two cottonwood trees. Any paved pedestrian circulation system would require an unusual layout to preserve the trees and would defeat the attempt to create an open pedestrian focal point. 3. Construction Feasibility. The existing trees are seriously at risk by any excavation and paving work to be done. The installation of concrete sidewalk dictates a four inch base course and four inches of concrete, requiring a minimum of eight inches of excavation. Populus species trees are all very shallow rooted, particularly the eel der root system which is very near the soil surface. Cutting or disturbing those roots may affect not only their ability to function PO Box 9348, Aspen. CO 81612 • 303.925.6585 - PO Box 4785, Steamboat Springs, CO, 80477 0 0 as feeder roots but also the overall stability of the tree, depending on the degree of excavation. Solid paving over feeder roots of trees is also not a horticulturally recommended practice as the trees can no longer absorb natural precipitation or oxygen. In summary, although it is always desireable to design with nature creating sensitive site solutions to existing natural features, it seems as though the very nature of the development, the intensity of pedestrian usage, and the replacement with far more vegetation than is existing, allow for a design solution which nessecitates the removal of the cottonwoods in question. The benefits of removing the trees, thereby allowing the new design concept to be completed, appear to outweigh the constraints which will be placed on the design by retaining the two trees. Sincerely Catherine E. Markle Landscape Architect SAVANAH LIMITED PARTNERSHIP June 26, 1992 Ms. Diane Moore Planning Director City of Aspen 130 S. Galena Aspen, CO 81611 Dear Diane, The City Council requested that Savanah provide a commitment to local affordability for the skating rink on Lot 6 of the Aspen Mountain Subdivision. The suggestions have ranged from a rate tied to a "basket of rinks" to a rate of 125% of the public session rate for the Aspen Ice Garden. We do not think that a "basket" will be meaningful because there are not really any comparable rinks in that this rink is on private land operated by a private developer and yet it is a public skating rink. Most rinks are operated as an attraction for a lodge or shopping center or other specific development or are a municipal service supported by tax revenues. While this rink is a public amenity it is not supported by tax revenues. We have also analyzed the concept of tying a local rate to the fee charged for public skating at the Aspen Ice Garden. Currently the Ice Garden's admission charge is $4.00 for a session. There is no discount for a local from this price. According to Tim Anderson the projected rate for the 1993 -94 winter season at the Ice Garden is $6.00. It is anticipated that once an outdoor rink opens in town the Ice Garden will sell more ice time to the hockey and figure skating programs and reduce or eliminate the public skating sessions. Thus it is completely impractical to tie any portion of our rates to a standard that may well be phased out of existence. It is Savanah's intent to create a rink which is an attractive and vital amenity to the Aspen community, for the visitors and local residents alike. To eliminate concerns about local affordability we propose to offer a first year admission fee of $6.50 for public skating sessions to anyone with a valid Pitkin County identification. The price of this local admission will be able to be annually increased cummulatively by no more than 4% or the amount of the Colorado Consumer Price Index whichever is greater. This pricing policy will be in effect for individual local tickets. In addition a pass program will be established for people planning multiple use of the skating rink. (-500 I:.(,(_)�)�)l'1" St. SIM(' ?(. 8 1 (> 1 1 ;�iO;�1�)35 -42 i 2 1 =.A\ f)2_i .i8 i Diane Moore June 26, 1992 Page Two In addition to this commitment we will abide by Section 2,13 of Ordinance 12 amended as follows: The commitment to pricing alternatives is changed to read "Pricing alternatives will include local passes..." The second to fast sentence shall read as follows; "The operator shall submit to the City an annual operating plan consisting of a summary of the prior year's usage by price category and month and use projections with pricing for the coming winter skating season, on or before October 1 of each year. " We are hopeful that-this- will satisfy the Council concerns and allow for the granting of final approval on July 13, 1992.. Sincerely yours, G Perry Harvey PH:.ag 101\8DM1012.0 *H Ac � m cf\�- )\ f 11 0 MEMORANDUM TO: Mayor and City Council THRU: Amy Msrgerum FROM: Tim Anderson, Recreation Di rector George Pucak, Ice Garden Manager27O DATE: June 29, 1992 RE: 'carious ice Skating Facilities - for Comparison Purposes 1 ) Copper Mountain Resort Capper Mountain, C.O Skating Fee: Free Rental Fee: $6.00 /hr Type of System: Natural x Refrigerated Average # of skaters per day: 75 -100 Length of skating sessions: All day Size of Ice Surface: Varies - small pond 2) Evergreen Lake Evergreen, CO Skating Fee: $3.00 Rental Fee: $1.00 /hr Type of System: Natural x Refrigerated Average # of skaters per day: 200 Length of skating sessions: All day Size of Ice Surface: Separate 100 x 200' area for hockey, Public skating roughly 4 col .ympi c size rinks on lake 3. Breckenridge - Maggie Pond Breckenridge, CO Skating Fee: $6.00 1 st hr, $1.50 each additional /lift ticket Children: $4.00 1 st hr, $1.50 each addtional hr Rental fee included Type of System: Natural x Refrigerated Average # of skaters per day: 200 -250 Length of skating sessions: peak - 4:00 -6:00 pm Purchase ticket on per hour basis Size of ice Surface: Pored equal to 3 o 1 urnpi c size rinks Local season pass oriig 0 0 4. Keystone Keystone, CO Skating Fee: $5.00 Rental Fee: $5.00 Type of System: Natural x Refrigerated Average * of skaters per day: 150 -200 Length of skating sessions: 10:00 am - 10:00 pm Size of Ice Surface: Lngest outdoor of that elevation 5. Winter Lodge Palo Alto, CA Skating Fee: $4.00 Rental Fee: $1.00 Type of System: Natural Refrigerated x Average * of skaters per day: 300 -400 Length of skating sessions: 2 hours Size of Ice Surface: 65'.x 125' 6. High Camp Squaw Malley, CA Skating Fee: $5.00 - adults /$3.00- children Rental Fee: $2.00 Type of System: Natural Refrigerated x Average # of skaters per day: 300 -500 Length of skating sessions: 2 hours Size of Ice Surface: 100' x 200' 7. Resort at Squaw Creek Squaw Malley, CA Skating Fee: $4.00 Rental Fee: $2.00 Type of System: Natural Refrigerated x Average - of skaters per day: 1 1/2 hour sessions Length of skating sessions: 2 hours Size of Ice Surface: 60' x 80' S. Park City Ski Resort Park City, UT Skati no Fee: X7.00 -adul tl$6.00 child Rental Fee: Included Type of System: Natural Refrigerated x Average * of skaters per day: Length of skating sessions: Size of Ice Surface: 40' x 60' • Y. bun Vai ieu bK1 Area Skating Fee: $6.00-Adult/15.00-Child Type of System: Natural Average * of skaters per day: 200 -250 Length of skating sessions: 2 hours Size of Ice Surface: 90' x 80' • Sun Val ley, iD Rental Fee: $2.00 Refrigerated x 10. Olympic Center Luke Placid, Nor' Skating Fee: $3.00 Rental Fee: $3.00 Type of System: Natural Refrigerated x Average * of skaters per day: Not Provided Length of skating sessions: 1 1/2 hours Size of Ice Surface: Varies - 4 sheets available 1 1. Dobson Arena Skating Fee: $4.00 - Adult /$3.00 -Child Type of System: Natural Average 0 of skaters per day: Varies Length of skating sessions: 1 1 /2 hours Size of Ice Surface: 85' x 200' Vail, CO Rental Fee: $2.00 Refrigerated x 12. i ce Skati ng i nsi tutute of Arneri ca 91 i ndustru Surve4 Admission $2.50 - $3.00 Rentals: $2.20 -$2.50 NOTE: This surveq includes approzimately 200 -300 rinks in the United States, predominately indoor rinks. * Indoor Facilities I V 121 V(0) 111` ZONVi TO: .Mayor and City Council THRU: Amy Margerum, City Manager FROM: Diane Moore, City Planning Direct DATE: July 13, 1992 RE: Section M Amendment for Ice Rink /Park - Amendment to the First Amended and Restated Planned Unit Development /Subdivision Agreement for the Aspen.Mountain Subdivision ----------------------------------------------------------- - - - - -- SUMMARY: Section M of the PUD Agreement authorizes extensions of the time periods for the construction.schedules which are outlined in the PUD Agreement for the Aspen Mountain Subdivision. This matter is.before City Council upon the petition of Savanah Limited Partnership .("Savanah") seeking an extension to the construction deadline for the Ice Rink /Park located on Lot 6 of the Aspen Mountain Subdivision. Savanah is requesting that the date for the issuance of the certificate of occupancy for the Ice Rink /Park be extended from October 1, 1992 to October 1, 1993. For the Section M amendment hearing, City Council will be acting in a quasi - judicial function. It is a public hearing in that members of the public should be allowed to testify under oath. Additionally, the petitioner must convince Council, by a proponderance of evidence, that there is just cause to grant the extension of time.. Section M of the PUD Agreement provides as follows in its relevant part as pertinent hereto: "...the Owner or .its successors or assigns may, on its own initiative, petition the City Council for a variance, an amendment to this Agreement, or an extension of one or more of the time periods required.for performance under.the Construction Schedules or otherwise. The City Council may grant such variances, amendments to this Agreement or extensions of time as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that the City Council shall not unreasonably refuse to extend the time periods for performance indicated in one or more of the Construction Schedules if Owner demonstrates by a preponderance of the evidence that the reasons for the delay(s) which necessitate such extension(s) are beyond the control of Owner, despite good faith efforts on its part to perform in a timely manner." 0 • Staff has attached a proposed finding (Exhibit A) with several conditions. At the Council meeting of June 22, 1992, several questions were raised regarding the conditions specified in the proposed Section M Amendment. Jed Caswall has prepared a memo (Exhibit B) clarifying the reasons for including the conditions. Staff will be available at the meeting to respond to questions. Savanah has provided a written petition requesting the extension for the issuance of the certificate of occupancy for the Ice Rink /Park from October 1, 1992 to October 1, 1993 (Exhibit C). Savanah has also provided a response (Exhibit D) regarding the $700,000 pledged by Savanah in connection with the Koch rink proposal. RECOMMENDATION: Staff recommends that Council conduct the Section M amendment hearing regarding Savanah's request to extend the date for the certificate of occupancy for the Ice Rink /Park from October 1, 1992 to October 1, 1993 and thereafter grant the extension in accordance with the terms and conditions as set forth in the proposed written order attached hereto. jtdm .ritz.section.m.amendment.may. ky council BEhibit . Aped • 19 _.. By Ordinance „ BEFORE THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO IN RE THE MATTER OF SAVANAH LIMITED PARTNERSHIP'S REQUEST FOR A SECTION M AMENDMENT TO THE FIRST AMENDED AND RESTATED PLANNED UNIT DEVELOPMENT /SUBDIVISION AGREEMENT FOR THE ASPEN MOUNTAIN SUBDIVISION This matter is before the City Council upon the petition of Savanah Limited_Partnership ( "Say.anah ") pursuant to Section M of the First Amended and Restated.Planned Unit Development/Sub- division Agreement for the Aspen Mountain Subdivision ( "PUD Agreement "), seeking a certain extension in.the construction scheduling for subdivision development. Pursuant to Savanah's petition, a public hearing was convened in accordance with . Section M of the PUD Agreement and conducted pursuant to City Council's hearing procedures. Savanah appeared, with legal counsel, and produced testimony and other evidence in support of its petition. Having heard all of the offered testimony and argument and having reviewed the documentary evidence as.submit- ted and made part of the record herein, the City Council finds as follows: 1. On May 21, 1992, Savanah submitted a written petition to the City pursuant to Section M of the PUD Agreement seeking an extension in the present construction schedule deadline governing construction and development of Lot 6, the proposed Ice Rink and Park, within the Aspen Mountain Subdivision. 2. Section M of the PUD Agreement provides as follows in its relevant part as pertinent hereto: "... the Owner or its successors or assigns may, on its own initiative, petition the City. Council for a vari- ance, an amendment to this Agreement, or an extension of one or more of the time periods required for perfor- mance under the Construction Schedules or otherwise. The City Council may grant such variances, amendments to this Agreement, or extensions of time as it may deem appropriate under the circumstances. The parties ex- pressly acknowledge and agree that the City Council shall not unreasonably refuse to extend the time peri- ods for performance indicated in one or more of the Construction Schedules if Owner demonstrates by a preponderance of the evidence that the reasons for the delay(s) which necessitate such extension(s) are beyond • • the control of Owner, despite good faith efforts on its part to perform in a timely manner." 3. Savanah seeks extensions in the current construction schedule deadlines as follows: Certificate of Occupancy Ice Rink /Park 4. Savanah has alleged that the circumstances have caused delays in the tion of the Ice Rink /Park component and circumstances were beyond its control: From 10/1/92 To 10/1/93 following facts and /or progress of the construc- .that such facts and i. The David Koch Foundation of Wichita, Kansas, by and through its authorized representatives, has offered to build an ice rink on or near Wagner Park in the City of Aspen. A Schematic Design Package for the proposed Wagner Park Ice Rink presented to City Council on May 11, 1992, describes an ice rink capable of being used primarily for recreational skating with potential for ice shows, limited hockey use and skating instruc- tion. ii. The City Council, Savanah and the David Koch Foundation require additional time to evaluate the Wagner Park Ice Rink proposals and designs in conjunction with the Ice Rink /Park component of the Aspen Mountain Subdivision PUD Agree- ment to determine which ice rink and location would be in the best interest.of the City of Aspen. .iii. Because of delays in the planning and review process of Savanah's ice rink /park proposal precipitated by the Koch Proposal, should City Council determine that it is in the City's best interests to proceed with the ice rink /park proposal of Savanah on Lot 6 of the Aspen Mountain Subdivision, Savanah will be unable to complete the ice rink /park by October 1, 1992, the date therefor established in the Amendment to the PUD Agree- ment dated June 10, 1991. While-delays in the-planning process occasioned by the intervention of the Koch Proposal may have only been a few months, construction constraints, particularly the pouring of a large slab of concrete for the ice rink, necessitate a full one -year extension of the deadline. 5. City Council finds that Savanah has been able to demonstrate by a preponderance of the testimony and evidence as established in the record that the time required by City Council, Savanah and the David Koch Foundation.to evaluate the best site 2 proposal for an ice rink has caused unavoidable delays in the Progress of construction for Lot 6 of the Aspen Mountain Subdivi- sion that are beyond the control of Savanah despite its good faith efforts to perform. NOW, THEREFORE, BASED UPON THE.ABOVE AND FOREGOING, City Council does hereby .grant to Savanah Limited Partnership the following extension to the construction schedule deadlines for the Aspen Mountain Subdivision, which extension shall be incorpo- rated into a written amendment to the PUD Agreement pursuant to Sections M and 0(6), subject to those.terms and conditions as set forth below: EXTENSION From To 1. Certif::.cate of Occupancy Ice Ri:ik /Park 10/1/92 10/1/93 CONDITIONS 1. Prior to issuance-of a Certificate of Occupancy for Hotel Phase I, and as a condition precedent thereto, Savanah shall deposit $700,000.00 in an escrow fund for the benefit and in.the name of the City of Aspen to secure Savanah's performance in regard to the .following: (1) The establishment of a permanent fund to defray operation and maintenance costs for the Wagner Bark Ice Rink. in the event the City should deter - nine to authorize such ice rink; or (2) Construction by Savanah of an ice rink /park as approved by the Aspen City Council and :as required by the POD Agreement on Lot 6 of the Aspen Moun- tain Subdivision. In such event, Savanah may be permitted to periodically draw down or reduce the escrow amount upon the authorization of the Direc- tor of Public Works and Planning Director corre- sponding with the progress toward the successful completion of the ice rink /park. All documents establishing the escrow and the escrow instructions shall be in a form satisfactory to the City. Attor- ney. .2.. Prior to issuance of a Certificate of Occupancy for the Hotel Phase I, and as a condition precedent thereto, Savanah shall clean and improve Lot 6 by removing all construction. 3 materials, equipment, debris and fencing therefrom, regrade the lot as necessary to allow pedestrian traffic, and aesthetically improve the site as reasonably required by the Public Works Director and Planning Director. 3. In the event that City Council grants development approval to the David Koch Foundation for development of the Wagner Park Ice.Rink, Savanah shall thereafter seek all requisite amendments to the PUD Agreement, final PUD development plan, and other applicable development approvals within a reasonable time period in order to.construct and maintain a municipal park on Lot 6 of the Aspen Mountain Subdivision. 4. The effectiveness of the extension as granted herein . shall be contingent upon Savanah's compliance, as determined by the City staff, with all of those conditions as set forth above. In the event that any condition as set forth above is not sub- stantially complied with, then the extension granted herein shall automatically be rendered invalid and such failure(s) to comply shall constitute non - compliance with the First Amended and Restated PUD /Subdivision Agreement. Savanah shall thereafter be entitled to a hearing before City Council to determine sanctions or penalties for its non - compliance, which may include the revocation or termination of any or all approvals contained in the PUD Agreement. Done this day of , 1992. ATTEST: City Clerk jc62.3 By: 4 CITY COUNCIL OF THE CITY OF ASPEN, COLORADO John S. Bennett, Mayor • CITY I tyncil ZxhWt, ro= , 19 — By ordinance PEN , 7. rawrrey-MrSOU73r, DATE: July 6, 1992 TO: Mayor and City Council FROM:- Jed Caswall, City Attorney C RE: Section M Amendment for Ice Rink /Park, Aspen Mountain Subdi- vision. I am providing you this memo in response to some questions raised by City Council at the last meeting at which the above -noted matter was before you (June 22, 1992). There seemed to be a need to clarify certain provisions of the proposed written Section M findings and order. The proposed written findings and order concerning Savanah Ltd.'s most recent request for a.Section M amendment provide that an extension in the deadline for issuance of a certificate of occupancy for the ice rink /park is warranted due to the delays in the ice rink /park approval process arising by reason of the new Koch ice rink proposal. Savanah seeks, and the findings and . order provide, an extension in the current certificate of occu- pancy deadline from October 1, 1992, to and until October 1, 1993. As a condition of approval for the deadline extension, the findings and order require Savanah to deposit the sum of $700,000 in an escrow account for the benefit of the City prior to the issuance of a C/O for the Ritz Hotel so as to secure Savanah's performance in regard to either 1) funding a maintenance and operations fund for the Koch rink in the event that rink is approved and built instead of the "Ritz rink ", or (2) the con- struction of the "Ritz rink" in the event the Koch rink proposal is rejected. In that the original PUD /Subdivision agreement between the City and Savanah contemplated and required the "Ritz rink" to be completed as a precondition for the issuance of a certificate of occupancy for the Ritz Hotel, and in that the certificate of occupancy for the Ritz is now scheduled for issuance prior to completion of the ice rink /park, the escrowed $700,000 will supplant the ice rink C/O requirement. Should the Koch rink be built, the $700,000 will be transferred from the escrow into the fund specified for the rink's operation and maintenance. Once that transfer is made, Savanah will have recycled paper • .• Memorandum to Mayor and City Council July 6, 1992 Page 2 satisfied its PUD /Subdivision approval requ ice rink /park. (of course, should the City rink, Savanah would still have to construct the City's satisfaction. Another amendment Subdivision agreement would also need to be the changed circumstances.) irement concerning the go with the Koch the park on Lot 6 to to the Aspen Mountain perfected reflecting It is contemplated that the escrow instructions for the $700,000 shall include optional provision's for the funds (or the balance thereof) in the event the Koch rink should for some reason fail. Savanah has already agreed in principle that once the money has been transferred into the operations.and maintenance fund, the City would be free to dispose of the money as it deemed fit. This will give the City maximum flexibility in regard to the funds should the same be necessary. I will, of course, secure your input and approval concerning the language and documents establishing the escrow and the possible contingent dispositions for the money. I hope this information is satisfactory in clarifying the is- sue(s) of the $700,000.. I will be happy to try and answer whatever additional questions or concerns you may have concerning this matter. EMC /mc jC76.3 cc: City Manager Planning Director Perry Harvey Robert W. Hughes, Esq. • SAVANAH LIMITED PARTNERSHIP Ferdinand L. Belz [I[ May 21, 1992 Aspen City Council. 203 South Galena Street Aspen, CO 81611 Re: Aspen Mountain Subdivision Dear Council Members: City Council Exhibit - Approved , 1 By Ordinance Pursuant to Section M of the First Amended and Restated Planned Unit Development/Subdivision Agreement Aspen Mountain Subdivision (the "PUD Agreement "), and at the request and suggestion of the Aspen - Pitkin Planning Office, we are herewith petitioning Council for an extension to October 1, 1993 of the construction deadline governing construction and development of the Ice Rink and Park on Lot 6 of the Aspen Mountain Subdivision. In .support of this petition, we offer the following: (i) The David Koch Foundation of Wichita, Kansas has offered to build an ice rink on or near Wagner Park in the City of Aspen (the "Koch Proposal "). A schematic design package for the proposed Wagner Park ice rink presented to the City Council on May 11, 1992 describes an ice rink capable of being used primarily for recreational skating with potential for ice shows, limited hockey use and skating instruction. (ii) The City Council and the David Koch Foundation require additional time to evaluate the Wagner Park ice rink proposals and designs in conjunction with the ice rink/park component of the Aspen Mountain Subdivision to determine which ice rink and location would be in the best interests of the City of Aspen. (iii) Because of the delays in the planning and review process of Savanah's ice rink/park proposal precipitated by the Koch Proposal, and on the assumption that City Council determines that it is in the City's better interest to proceed with the ice rink/park proposal of Savanah on Lot 6 of the Aspen Mountain Subdivision, Savanah will be unable to complete the ice rink/park by October 1, 1992, the date therefor established in the Amendment to the PUD Agreement dated June .10, 1991. In spite of the fact that the delays in the planning process occasioned by the intervention of the Koch Proposal may be of a few months, construction li( )l) { t .( �i �I )�'; `i. • tilill(' ?1 �l) . \til )('11. <,O NI(ili • ,;( ).;. "�)_�;� F. 4? 1 - .- \\ U 0 . .Aspen City Council Page 2 May 21, 1992 constraints, particularly concerning the pouring of a large slab of concrete for the_ ice rink, necessitate a full one -year extension of the deadline. (iv) But for the intervention of the Koch Proposal into the planning process and the interest and the need of City Council to study and evaluate the Koch proposal, Savanah would have been in a position to timely to have completed the planning process for the ice rink and park _and complete the construction thereof by October 1, 1992. For the foregoing reasons, we respectively request your favorable consideration of this petition. savanaMMkitycotm.ly Sincerely, SAVANAH LIMITED PARTNERSHIP By: • SAVANAH LIMITED PARTNERSHIP June 25, 1992 Ms. Diane Moore Director of Planning City of Aspen 130 S. Galena Street Aspen, CO 81611 Dear Diane, City Council Exhibit D Approved , 19 _ By Ordinance At the Council meeting on June 22, 1992, there was discussion about the $700,000 pledged by Savanah in connection with the Koch rink proposal. At the time of the initial discussions regarding the Koch rink Savanah offered to create an operating endowment consisting of the cost difference between a landscaped park and a skating rink. We are simply.memorializing this offer at this time. Initially completion of the ice rink was tied to the issuance of a Certificate of Occupancy on the. Hotel. Now the rink is being delayed due to and pending the Koch review. In addition to the rezoning of this block from Commercial Lodge to Park we are offering a further assurance to the City regarding our good intentions for this parcel. Thus the $700,000 pledge is being made. The figure of $700,000 was arrived at very carefully after considering both the difference in construction costs between a rink and a landscaped park and also the annual operations and potential cost savings. The $700,000 is the difference between the cost for a park with elaborate landscaping, irrigation, site lighting, sidewalks, etc. and the cost for the ice making equipment and site buildings. In researching operations we have determined that annual costs to maintain a park, including snow removal, landscape care, liability insurance and taxes with no revenue source at all could be more expensive than operating the rink and an active community center. Thus the $700,000 is not a casually arrived at number but rather the end result of a detailed analysis of our budgets. This is the number which we are willing to post if we do not build the rink on our site. The Amendment to the PUD authorizing this extension is the appropriate place to reference both the Koch rink and the $700,000 endowment. After all, the reason for the extension is to allow Council time to analyze the Koch proposal and the escrowing of the $700,000 is a condition of the extension. 600 I1H.Cooper St. Sui1C 200 • ASDCn, CO. 8161 I • 303/925 -4272 • F!Ax 925 -4387 Diane Moore June 25, 1992 Page Two Please call me if you have any further questions regarding the extension to the construction schedule. Sincerely yours, V Perry h rvey PH:ag cc: Mr. Jed Caswall, Esq. Mr. Robert Hughes, Esq. 101 \7DM1012.0 July 13, 1992 Robert Harth, President Music Associates of Aspen Michael Turner, President Aspen Center for Physics David Mc Laughlin, President The Aspen Institute We, the undersigned, endorse The Aspen Institute`s application to divide The Meadows Subdivision into Lot 1 and Lot 1A. } k 4TurnekV"-�C David Mc Latin n