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AGENDA
CITY COUNCIL WORK SESSION
August 8, 2022
4:00 PM, City Council Chambers
427 Rio Grande Place
Aspen, CO 81611
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I.WORK SESSION
I.A.Theater Aspen Sketch Plan Review – with Planning & Zoning Commission and Open
Space & Trails Board
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MEMORANDUM
TO: Mayor Torre and Aspen City Council
City of Aspen Planning and Zoning Commission
City of Aspen Open Space and Trails Board
FROM: Amy Simon, Planning Director
THROUGH: Phillip Supino, Community Development Director
MEETING DATE: August 8, 2022
RE: Sketch Plan Review – Theater Aspen
REQUEST OF COUNCIL:
City Council, the Planning and Zoning Commission and the Open Space and Trails Board
are asked to participate in a discussion with Theater Aspen and their representatives,
Alan Richman Planning Services and Charles Cunniffe Architects, regarding a proposal
to construct a partially subgrade theater facility in Rio Grande Park to replace the existing
tent. The new facility would be significantly larger than the existing, fully served by utilities
and viable for year round use. This development would alter the nature of the Theater
Aspen use from seasonal and temporary to a permanent development.
To assist in the discussion, preliminary comments from the Parks Department and an
application are attached as Exhibits A and B. The Sketch Plan meeting will begin with a
site tour, then return to Council Chambers for discussion. This meeting is open to the
public, but is not a hearing. Council may choose to take public comment at its discretion.
SUMMARY AND BACKGROUND:
Because Theater Aspen leases land owned by the City and the proposal has many
implications for the park, park users, City staff and City assets, Theater Aspen has been
directed to introduce their idea as a Sketch Plan Review. This process, as defined by the
Land Use Code, allows for a non-binding conversation to provide an initial sense of
decision-maker reactions to a proposed concept, and to receive advisory suggestions that
could be addressed by an eventual development application.
The applicant will provide a brief summary to supplement their written materials, but the
primary intent of the sketch plan process is to facilitate a conversation to guide the
possible submittal of a land use application.
The Sketch Plan Review does not culminate with any formal action. No motion or approval
occurs. No vested rights are conveyed. Planning Staff will not provide an assessment
of compliance with the various land use reviews that will be necessary, including Planned
Development, Commercial Design, Growth Management, Environmentally Sensitive
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Area, Transportation Impacts, etc. If a Land Use Application is submitted, Community
Development staff will apply all relevant sections of the LUC and Building Codes to assess
the appropriateness of the development proposal.
The application provides a summary of the history of Theater Aspen’s presence in Rio
Grande Park. In essence, performances began in the 1980s in a seasonal “circus tent”
and the organization became gradually more formally established through a 2011
approval that created a structure that remains on site year-round. City Council recently
renewed a 10-year lease with Theater Aspen.
Several conversations with City staff have preceded this meeting and have helped form
the questions posed below.
APPLICANT’S PROPOSED TOPICS FOR FEEDBACK:
1. Is the current site of the Theater Tent the appropriate location for the proposed
Performance Facility?
2. Is the green roof design the preferred design solution for this project?
3. What are the applicant’s plans for affordable housing mitigation for the project?
4. What level of usage should the applicant plan for this facility to accommodate?
5. How should vehicular access be provided to the facility for construction activities
and for long-term use of the site?
6. What is the appropriate alignment by which to bring utilities into the site?
7. What is the anticipated project timeline?
PARKS DEPARTMENT TOPICS FOR CONSIDERATIONI: (More fully addressed in
Exhibit A. Note, no negotiations or detailed discussions of this are appropriate in the
Sketch Plan setting. The topics are simply being called to everyone’s attention.):
1. What are the implications/equity of a lease that would allow the proposed facility
predominantly for a single non-profit’s use?
2. What long-term maintenance costs of the facility are implied for the City?
3. How will the functions of the Park be balanced, for instance the possible conflicts
between trail users and vehicles driving on trails to service the performance space,
and the impacts on the stormwater system, the natural environment and the
adjacent sanctuary?
4. What priorities might shift so that Parks Department staff can sufficiently participate
in the review, permitting and construction management for the performance
space? Is this a commitment that Council wishes to make?
CONCLUSION:
Theater Aspen has had a long presence in Rio Grande Park and Council has recently
reinforced this through a new lease. The request for a permanent facility implies a long-
term commitment by the City to allow the organization to be housed in an area that has
high community value, is public park land, and will change the nature of the John Denver
Sanctuary. Direction to the applicant and City staff is important before significant
resources are invested in the concept.
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FINANCIAL AND ENVIRONMENTAL IMPACTS: There are possible financial and
environmental impacts to the City, as noted in the attached memo from the Parks
Department.
ALTERNATIVES: The possibility of developing the performance facility on the Rio
Grande Recycling Center (incorporating that function into the structure) has been
discussed and is an alternative to development in the park proper.
CITY MANAGER COMMENTS:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
EXHIBITS:
A – Preliminary comments from Parks Department
B – Sketch Plan Application
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MEMORANDUM
TO: Mayor and City Council
FROM: Matt Kuhn, Parks and Open Space Director
Mike Tunte, Landscape Architect and Construction Manager
THROUGH: Austin Weiss, Director of Parks and Recreation
Diane Foster, Assistant City Manager
Sara Ott, City Manager
MEMO DATE: July 29, 2022
RE: Theatre Aspen Permanent Structure Update
SUMMARY AND BACKGROUND:
The purpose of this memorandum is to provide a consolidated list of open questions and
considerations regarding the proposed Theatre Aspen permanent structure, which Council will review
on August 8, 2022, in a Sketch Plan Review process.
Theatre Aspen currently operates under a 10-year lease extension, originally entered in 2012
(Attachment A). This lease works in connection with an amendment to the Rio Grande SPA (Ordinance
38, 2011) and allows for the tent frames and the permanent lobby to exist on the site. Theatre Aspen is
currently seeking an additional amendment to the SPA to allow the tent walls and roof to stay up year-
round.
The 2021 lease extension added an amendment with provisions for use of areas outside of the theatre
structures. The patio area southeast of the lobby structure is incidentally utilized for third party
events, and limits have been agreed upon for the revenue generating utilization of that space for non-
theater related functions.
DISCUSSION: The proposal to construct a permanent structure at John Denver Sanctuary is one that
requires careful consideration. Several relevant threshold questions are noted on page 12 of the
Theatre Aspen-provided sketch plan text, and staff have provided a brief discussion on these points.
Parks staff have identified additional implications, which are not included within the sketch plan
discussion topics, and we propose these topics should be considered prior to authorization to submit
the PD application for the proposed structure.
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Long-term Lease:
A variety of topics for discussion revolve around the lease. Staff seek Council direction as the
appropriate process and timeline for the establishment of a new lease.
Selection Precedent
The precedent within the Parks and Open Space Department is to utilize a Request for
Proposal (RFP) process for the long-term use and development on City-owned Park and Open
Space land. RFP’s have been used to select operators at important public facilities such as the
golf course restaurant, the Nordic Center, and the Wheeler Opera House restaurant.
Parks staff frequently look to past decisions to establish precedent and guide decisions.
Following the adoption of the Cozy Point Management Plan in 2017, a robust RFP outlined
considerations and priorities for the property and provided the foundation for the terms of the
Cozy Point leases. This is important because it ensures that the City can define the purpose,
vision, and goals of the lease of property, and align the proposed lease terms with those
tenets and the broader community. The RFP process also helps with equity in the selection
process, considering there may be other organizations and interests in developing amenities
with a park or public space.
Theatre Aspen has undoubtedly provided a tremendous asset to the community in the past 35
years by providing the backbone of the ‘art park’ environment. A tent-based approach to
providing theater space was (and continues to be) a light footprint on a park. Shifting from a
4,940 sq ft tent structure, to a 27,521 building is a substantial change in type of structure, and
overall impact to the park. These changes necessitate a new lease, as well as potential
additional agreements, easements, and licenses, discussed in greater detail below.
Terms of Lease
A term of 10 years was established at Cozy Point Ranch for two lessees and included
substantial proposed capital improvements for one of the lessees. Theatre Aspen has not
specified a proposed lease duration, and this will be an important consideration to define prior
to directing the applicant to develop a PD amendment.
Maintenance Standards and Responsibilities
For the last 24 months, staff have been heavily involved in the drafting of several agreements,
easements, and related documents for the Lift One Lodge development at Willoughby Park.
While the scale of the proposed project by Theatre Aspen is less, important similarities that
exist regarding the proposal by Theatre Aspen.
Theatre Aspen contemplates that long-term maintenance agreements should be discussed;
however, staff believe that this is a critical decision to be made early in the project process.
Defining responsibilities between both parties provides for a clear understanding of each
other’s roles, obligations, and expectations from the onset. In the case of the Lift One lodge
ordinances, these details were not determined until after approval of the ballot question,
which created topics for debate and negotiation.
Theatre Aspen’s application discusses the complexity of irrigating and maintaining the green
roof. Given the proposed design, staff recommend that maintenance and irrigation of the
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berm and green roof be the responsibility of Theatre Aspen. This would minimize or eliminate
the hiring of new Parks staff to support this project.
Establishing Utility Easements, Access Easements or Construction Licenses
While the general footprint of the theater space remains similar to existing development, the addition
of utilities, as well as changes to the type and frequency of vehicle access, are factors that Theatre
Aspen discusses in their application.
The informal nature of Theatre Aspen’s current access should be formalized by the City within a new
lease if a permanent facility is constructed within the park. The frequency of service vehicles, trash
service, food and beverage deliveries, and other new vehicle trips are unknown. Staff are eager to see
proposals for access that do not utilize the network of multi-use trails as the primary means of
vehicular travel. Staff are willing to participate in these design discussions however, it is important to
note that alternative access alignments may significantly affect the current park environment,
including the stormwater and wetland infrastructure.
Increased Staff Labor requirements during land use and building process (as Landowner)
If a PD project review begins, staff anticipates the generation of a significant workload. With recent
experience at Cozy Point and Lift One Lodge, whenever a development is occurring on City land, staff
spend a large amount of time working in partnership on the project. Because the City is inherently ‘the
applicant,’ staff time is committed at every step of the project.
Staff anticipate the proposed scope of this project may require a termed full-time position to oversee
the project management from design through building commissioning. If Council supports this
proposal, we will need to adjust our overall departmental workplan.
FINANCIAL IMPACTS:
The applicant proposes that all construction related costs will be covered solely by Theatre Aspen.
If construction staging is allowed at the recycle center, considerations will need to be made to
accommodate impacted uses. Considerations should also be made considering the financial terms of
the lease. This proposal will have a significant impact to staff time, specifically associated with design,
construction, and ongoing park maintenance. Leases and agreements could contemplate how wear
and tear associated with shared resources such as trails, lighting, signs, restrooms should be
accounted for.
ENVIRONMENTAL IMPACTS:
The site will be heavily impacted during the entire construction project. Most notably, the wetlands
and stormwater infrastructure may be impacted due to earth work, access, staging, and utility work.
ALTERNATIVES:
Many alternatives exist ranging from keeping TA lease and operation in its current form, to proposing
alternative sites. If the current JDS site is preferred for redevelopment, Council could ask the
applicant to explore alternative designs that minimize construction and access concerns or look for
solutions such as modular construction methods, or alternative staging means.
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THEATRE ASPEN
CONCEPT PLAN
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THEATRE ASPEN
JULY 7, 2022
existing site plan
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THEATRE ASPEN
JULY 7, 2022
site plan
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THEATRE ASPEN
JULY 7, 2022
plaza level plan
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THEATRE ASPEN
JULY 7, 2022
stage level plan
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THEATRE ASPEN
JULY 7, 2022
roof plan
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THEATRE ASPEN
JULY 7, 2022
building elevations
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THEATRE ASPEN
JULY 7, 2022
building elevations
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THEATRE ASPEN
JULY 7, 2022
building sections
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THEATRE ASPEN
JULY 7, 2022
wall sections
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THEATRE ASPEN
JULY 7, 2022
aerial – viewing north
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THEATRE ASPEN
JULY 7, 2022
aerial - viewing south
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THEATRE ASPEN
JULY 7, 2022
garden roof
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THEATRE ASPEN
JULY 7, 2022
perspective – from park viewing north
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THEATRE ASPEN
JULY 7, 2022
plaza
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THEATRE ASPEN
JULY 7, 2022
plaza
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THEATRE ASPEN
JULY 7, 2022
plaza, lobby view
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THEATRE ASPEN
JULY 7, 2022
plaza, lobby view
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THEATRE ASPEN
JULY 7, 2022
plaza, lobby view
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THEATRE ASPEN
JULY 7, 2022
plaza, lobby view
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THEATRE ASPEN
JULY 7, 2022
inspiration imagery
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970.945.1004
www.sgm-inc.com
Date By:C1.001Of :Project Milestone: XPRELIMINARY NOT FOR CONSTRUCTION
Aspen, COExisting ConditionsAspen TheaterTitle:96