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HomeMy WebLinkAboutminutes.apz.19980922ASPEN PLANNING & ZONING COMMISSION SEPTEMBER 22~ 1998 Sara Garton opened the special Aspen Planning and Zoning meeting at 4:30 p.m. Commissioners Steve Buettow, Ron Erickson, Sara Garton, Roger Hunt, Tim Mooney, Tim Semrau and Jasmine Tygre were present. Bob Blaich was excused. City Staff in attendance were: Chris Bendon, Stan Clauson, Community Development, David Hoefer, Assistant City Attorney, and Jackie Lothian, Deputy City Clerk. PUBLIC HEARING: MEADOWS SPA AMENDMENT {MUSIC TENT} Parcel ID. 2755-121-29-802 Sara Garton, Chairperson, opened the public hearing. She explained that this was a land use commission that was prepared to discuss the land use impacts associated with this application. David Hoefer, Assistant City Attorney, stated the affidavit of notice met the jurisdictional requirements for the commission to proceed. Stan Clauson, Community Development Director, stated HPC forwarded a recommendation of approval; issues were the materials, design and compatibility. He said HPC did not have any historical jurisdiction but discussed landmarking for community importance. Clauson explained the P&Z's charge was the SPA amendment recommendation to Council; Council will amend the SPA by ordinance in 2 readings. Harry Teague, Architect, stated this was a continuation of a use with a very small increase in seating; back stage area improvements; new stage configuration; acoustic quality enhancement; re-design and canvas replacement; tunnel walkway for musicians (only) from Harris Hall; loading dock at Harris Hall; increased number of restrooms, instrument storage and up to standard dressing rooms. He said the improvements were motivated by the quality of world wide music festivals. Teague noted this was the time for these issues to be addressed. Teague stated the height would be the same as the existing facility with maybe a portion of the ventilators slightly higher. He said the boundaries of the new tent basically fit into the existing tent footprint and kept the 1964 Herbert Bayer geometry. He used several drawings, including a landscape plan, models and samples of canvas for illustrative purposes. He said the process of taking the tent down every year create wear and tear and problematic leaks, etc. Teague said the favorite features, that give the sense of the community, will be recreated with the seating and quality of light that comes through the fabric. The new material was very similar. Teague, using a model, illustrated the blue canvas louvers which allow light, air and possibility of sight from the lawn seating areas. 1 ASPEN PLANNING & ZONING COMMISSION SEPTEMBER 22~ 1998 Chris Bendon, Community Development Planner, stated this was a follow-up on the 1991 SPA which approved Harris Hall, additional seating and additional back stage area. He asked that the commission concentrate on the review criteria that the Assistant City Attorney had highlighted on a handout (exhibit 10). Bendon said this was a referral to City Council reviewing aesthetics, use of materials, internal and external lighting, overall feeling of tentness, visual and acoustic permeability, lawn seating experience and the general internal facility. Bendon stated concerns from the fire department and building department. What classification does the tent fall under? Michael Hassinger, Teague Architect, stated the documentation would be submitted to Ed VanWalraven, Fire Marshall. Bendon left out the fire condition out of the approval until the Fire Marshall determined what the plan for sprinkling would be placed in the tent and added as condition # 14 (exhibit 11) of approval. Bendon asked Stan Clauson to present the traffic mitigation concerns; the construction staging plan needed to restrict an area and there was a construction schedule handed out (exhibit 12). Bendon noted that any damage to the parking areas, staging areas or streets would be repaired by the applicant. He said there would also be compensation to the city for the deterioration of Third Street and Roaring Fork Road. Clauson stated the SPA included a traffic mitigation plan which was reviewed biennially. He said the traffic mitigation plan should not affect this particular development because it does not increase the capacity. He said the elements of the facility that affect traffic generation were seating capacity, adjacent lawn seating (not measured as part of the plan), number of events and length of the season. The 1991 SPA included the expansion of seating from 1750 to 2050; during the season folding chairs currently bring up the capacity on a regular basis. Clauson stated the traffic mitigation issues should be addressed separately, but commission may want to review the construction traffic impacts. Julia Marshall stated the landscape plan tried to preserve the lawn seating; the patios will be increased in size with the addition of benches in the front; the back restroom area will be increased and include a little hidden garden. Garton stated there was a video that was part of the HPC presentation, but this commission was more interested in the (live) comments. If the commission felt there was time after the comments, then the video could be viewed. ASPEN PLANNING & ZONING COMMISSION SEPTEMBER 22~ 1998 Hunt stated this would be a permanent structure that looked like a tent. He asked for clarification on the air handling equipment which caused concerns of noise. Hunt asked how the flat top was designed to hold the winter snows; in the summer the rains may be noisy on the large flat area. He question the materials of the rigid structure below that flat top. Teague explained there were 4 vents for air without any mechanical device; the air would move by gravity. He said for acoustic and structural reasons the middle of the tent was supported by a series of trusses that cris-cross with a wooden deck. The fabric drapes over the deck with glass windows (in the darker section) of the flat roof which allow light and contain the resonance. Teague said the deck should decrease the rain noise and the design of the tent should deal with the rain run-off directed into 4 points. He said the snow load would not be a problem because the design complied with the Pitkin County snow load requirements and should exceed any load. Jasmine Tygre inquired about condition #2 regarding the addition of seating and length of the season. Bendon replied that was to allow flexibility on a temporary nature. Clauson stated it was the summer season (warm enough to use the facility) which included the IDCA and High School graduation; a temporary use would be an unusual special activity which would exceed the stated season. Tygre stated the additional activity that might result from the structure and other changes were a matter of concern for herself and other commission members. She asked what triggers the requirement to apply for a temporary use permit. Clauson responded the increased seating over and above the 2050. Garton stated concerns and would like to spell out the season with specific dates. Tim Mooney said the application denoted 1500 sf expansion to the back of the tent; 11,000 sf to the rehearsal and performance hall; 100 sf for the gift shop but it did not allocate the recording studio. He said there was a studio in the heated and permanent sub-level of the facility. Teague said that Harris Hall was the recording facility even though there were tape recorders in the tent now. Robert Harth, MAA, stated it was used in the summer when the music was happening in the tent. Tim Semrau asked the expected life span of the material, any discoloration and type of snow removal in the winter. Teague replied there were applications in existence for 25 years with little or no indication of discoloration. He said the materials were benign; Teflon coated fiberglass which resisted ultraviolet radiation. Garton inquired as to toxic quality of the material and if it only came in white. Teague responded that it was not toxic and it was used in surgical procedures. The other color was dark gray. ASPEN PLANNING & ZONING COMMISSION SEPTEMBER 22~ 1998 Hunt excused himself at 5:40 p.m. to attend a transportation meeting. Public Comments: Suzannah Reid, HPC Chairwoman, reiterated the HPC support for the project. She stated the HPC members who were not in attendance read the minutes and reviewed the tape of that meeting and agreed with the HPC finding. Lennie Oates, representing Leonard and Evelyn Lauder, asked if the commission would entertain issues relating to parking and request for a condition. Garton stated that she also had those questions. Oates said their objection was not to the tent structure but the impacts of parking within the second half of the Company Subdivision (in which they own 9 lots). He said that parking conditions seem to be ignored and restrict the entrance of Roaring Fork Road; life safety vehicles would not be able to gain access. Jim Curtis, 411 Pearl Court, stated a disclaimer because of work done for the MAA but his attendance was that of a neighbor. He said as a neighbor he would be impacted by the project, but he supported the project 100%. He stated there was a full cross-section of the community that could come together for the project. Anne Altimus, 3rd and Pearl Court, agreed with the traffic problems, especially with egress. She stated that in an emergency a fire truck would not be able to get in or out. Elihu Abrahams, Chairman of the Board of Trustees for the Aspen Center for Physics, stated there were about 400 physicists attending the institute in the summer who were attracted by the world class music, which takes place in a second class facility. He said that even though their parking lot was abused, they consider that a separate issue and support the refurbishing of the tent. Kristin Henry, west end resident, said she strongly supports the tent and asked if there were plans for new trees and the lighting plans along the pathways. Jan Collins, resides directly across street from the tent parking lot, said the buses were to alternate on the streets and would like to extend that another year since the smaller buses were not in operation for the full season. Collins said they were the visionaries on any traffic mitigation efforts that have been done. She noted they have met repeatedly and have not always had full cooperation, but continued on doggedly. Collins requested another way to encourage walking to the tent. She 4 ASPEN PLANNING & ZONING COMMISSION SEPTEMBER 22~ 1998 stated that lawn seating was never considered as part of the impact. Collins requested that they work together to encourage those seated on the lawn to walk to the tent; there were about 800 people seated on the lawn. Ramona Markalunas, 40+ year resident near the tent, stated for the first 30 years the MAA were good neighbors, but the last 10 have been a decline. She said the increase in seating would amount in more traffic and parking problems without adding any new parking spaces. She asked how many trees would be removed. Garton replied that would be worked out with the Parks Department; the exact count was not called out in the review. Markalunas inquired about the tunnel. Garton recalled that it was only for moving instruments and not for the public. Markalunas asked if the new structure was higher. Hassinger said the excavation allowed for the increased height. Garton asked what was the classification of the new tent. Hassinger said it was a permanent structure. Suzanne Farver, Aspen Art Museum Director, expressed support for the improvements of the tent for the community. She noted the huge influx of museum visitors when the music finishes. Farver wanted to remind the commission of what good the MAA does for the town. She encouraged the commission to watch the video because there will people that spoke very eloquently who could not attend tonight's meeting. Garton polled the commission about watching the video. Tygre objected stating the concerns of HPC were different than the P&Z; and wanted to focus on those issue. Clauson noted the video was available for anyone to view. George Vincenzi, west end resident, requested there be no folding chairs or standing room. He said the lawn seating was an impact (800 people) and wanted to see that addressed in this approval process. Vincenzi said the parking was frustrating, especially for the larger concerts. He suggested a work study group. Sally Warner, public, said she either walked or biked to the tent. She stated that she was impressed with the huge effort in keeping the tent as it has been. Bill Stirling, public, expressed support for the new tent as a benefit for the performers and attendees. He commended the designer on a superb job addressing the concerns over the last year. Stirling said there has been a lot of work done by the west end citizens as well as others who have tried to address the situation with P&Z as part of it. He urged P&Z to continue to be supportive of public transportation with small, quiet and non-polluting buses. ASPEN PLANNING & ZONING COMMISSION SEPTEMBER 22~ 1998 Dick Auger, public, said the reasons to support the tent have been stated by others but he was bothered by the public input about the adverse effect of lawn seating. He said the MAA was doing a good thing with free lawn seating for those who could not afford to see the concerts but were able to enjoy the music. Auger asked the commission not to use the free seating to penalize the approval process. Noel Congdon, chair Aspen MAA school, applauded Harry Teague in the professional and artistic tent design. She thanked the commission. Garton noted the additional public hearings would be with city council. She asked the commissioners to follow the criteria in their review. Tim Mooney said this was an interesting position to be and felt this was a great tent. He stated that Teague Architects have done a creative and an imaginative job; he saw the advantages. He felt that everyone's experience would be heightened. Mooney stated he was present for the traffic mitigation meetings and approval and was sensitive to the identity of the community and the nature of the west end specifically. Mooney said even though he appreciated the design, he asked what came first the residential community or the commercialization of a non-profit. He felt this was a growth generator. Mooney said conditions could be added so the uses and season did not expand. He said the impacts will be more jobs, more activities, more parking and life style changes. Mooney said it was difficult to participate on a balanced level with the MAA as a community. He stated it was not in compliance with the AACP (Aspen Area Community Plan); he said it could not exist without the use of public funds for RFTA; streetscape. He asked staff if this was the end of the 1991 SPA approval. Clauson replied this was the end of the approvals for the music tent but there were other approvals for other facilities affecting the Aspen Institute and Aspen Meadows which have not been implemented. Mooney stated it was hard to vote on this in a vacuum, not realizing the over-all 1991 approval impacts. He said they had asked for a master plan that was never done. Ron Erickson stated that he understood what Mooney said but did not necessarily agree. He said the west end traffic mitigation was important and would like to see no parking on the streets. He wanted to add a condition regarding the traffic mitigation. Erickson applauded the architect in preserving the history. He stated concern for outside uses of the tent and was not opposed to temporary use permits. Steve Buettow complimented the architect on the improvement of the material, function, preservation of lawn seating, improving the hearing, sight, and design. 6 ASPEN PLANNING & ZONING COMMISSION SEPTEMBER 22~ 1998 Buettow said the extension of services was unclear as to the way it would be developed. Buettow stated traffic and parking were a large concern. He said the rear road access could have a parking attendant (he had seen ones there) to keep the emergency vehicle access clear. He supported an overall Meadows Plan for development with the impacts being mitigated. He noted there was no increase in parking in the application. Tygre agreed with the other members of the commission regarding the architect's outstanding job on a very sensitive and aesthetic improvement of the existing situation. She said she liked the building very much and it's purpose. Tygre said the concern of the Planning and Zoning Commission has been the intensification and expansion of uses on the Meadows Campus. She said it was most obvious with the MAA in terms of number of events and number of weeks of the year which impacts the residential neighborhood where this campus was located. She noted the expansion of uses becomes increasingly necessary by the improvement of the facilities with the need to generate funds to pay for those facilities. Tygre stated the issue of the tent remodel should not be held up by the other problems, i.e. traffic, what was wrong at the Meadows. She said if some sort of mechanism could be used to keep a strong reign on the extended uses; then compliance may be possible, but it was not in compliance with the review criteria 1, 2 & 6. Tygre hoped that staff could amend these temporary uses but thought it might take a code amendment to do so. Garton stated that she wanted the uses spelled out in the conditions. Hoefer said a condition could be structured that would not allow temporary uses during a certain time period. He noted that Council would have the final decision. Clauson said that maybe the temporary use was more than it should be. He stated the MAA would not use the tent during the winter. He said the intention was for more flexibility; a possible large funeral, as an example. Hoefer said the language could spell out that the MAA would not use the tent during those times and it would be for only very unusual circumstances. Tim Semrau commented that the tent was extremely well done; well thought out and creative. He asked if any of that creative energy had gone towards the traffic and parking problems. Garton said that the commission could add recommendations for the traffic and parking concerns rather than conditions. She stated support for the improved tent, especially the third world conditions that were in the back of the tent. Garton congratulated the architect in keeping the design in the spirit of the tent. She had 7 ASPEN PLANNING & ZONING COMMISSION SEPTEMBER 22~ 1998 concerns for the construction phasing as well. Garton questioned not adding staff to help in the movement of all the instruments, but the M_AA representations tonight were added as conditions of approval. Garton stated that if more staff was added or increased parking, some mitigation must be done. She charged staff with the control. Garton suggested that the M_AA make improvements on the trail to the Betty Grindley Bridge. She said if the trail were re-contoured it would enhance the walking experience to the tent. Garton wanted the length of the season defined to 9 weeks or mid-June to the end of August for use by the M_AA. She asked the applicant if the conditions, with the addition of 14, met their approval. She requested the M_AA and Meadows work on a private traffic study. Teague responded there was a misunderstanding on some conditions. He stated the testimony on the video was compelling from top world class musicians that were suffering with the current conditions. He said the folding chairs would not be present in the new tent. Teague stated the schedule in the tent was maxed out as it is now with rehearsals and performances. He said with the larger restrooms, maybe there will be another janitor but the functions and faculty remain identical. He stated the outdoor seating and extension of the season can change which were both positive and negative. Teague asked if the community wanted P&Z to preclude every event that might happen outside of that season. He asked to address the traffic separately because it was completely divorced from this facility and function. He said this was growth in a good way. Garton reiterated that this commission supported the M_AA but had real concerns. She said there may not be more performances, but there are more rehearsals causing more impacts to the west end. Erickson said if the M_AA wanted to run a special event outside their regular season, they could get a special event permit. Harth stated their institution spent a lot of time long range planning and they respond to the ever changing needs of arts organizations. He said what their music students need now was completely different than what the students needed 20 years ago, it's a completely different world. Harth noted there were now 10 music festivals in Colorado; 20 years ago they were the only one and yes it creates competition. He said they were visionary. Harth noted the new tent brings the facility to the level of quality of the people and music making. He said they did not want to use the tent in the winter, but did want to continue to have the high school graduation there. He said if the new facility was to be opened properly with an event; they would then have to come in for a temporary use permit to open. Harth stated the number of students has been reduced by 150 in the last 3 years; this was done to pursue quality. He said there have been 93 concerts every year for the last 8 ASPEN PLANNING & ZONING COMMISSION SEPTEMBER 22~ 1998 3 years, they have remained constant. Harth asked not to ties his hands by not being able to add a quality concert. Harth said the rehearsals involve about 100 people which was not a traffic impact on the west end. Harth commented there were about 15 difficult days all summer. He stated that mass transit has never been given an opportunity in an organized fashion to see how many people will get out of their cars. He said there were many reasons why people won't walk. Harth stated there was an auto disincentive program for the students which worked well. He said they were short staffed now; it was a big problem. He said the increased floor area was not to increase students or faculty but for the improved restrooms for these people and the audience. Harth appreciated the comments supporting the lawn seating and the MAA has in fact received an endowment gift for perpetuity to guarantee free lawn seating. There was discussion of the IDCA usage. Questions on the SPA were posed. Discussions of the conditions and additional conditions included the temporary use permits, operation time frame of June 1 to August 31. Hoefer noted these conditions were only recommendations to council. Harth said the time frame of June 1 to August 31 st was acceptable but not to limit the number of events. MOTION: Tim Mooney moved to recommend to city council to approve a substantial amendment to the Aspen Meadows Specially Planned Area (SPA) development, Lot # 2 of the Aspen Meadows, for the redevelopment of the Music Tent, the backstage area, and the tunnel connection with the conditions outlined in Community Development Memo dated September 22, 1998 and the addition of #14. Jasmine Tygre second. Roll call vote: Erickson, no; Semrau, no; Buettow, yes; Tygre, yes; Mooney, yes; Garton, no. DENIED 3-3. Discussion: The first Mooney motion included "plus condition #15. It was the MAA responsibility to provide attendants for the restriction of parking on Roaring Fork Road, parking in the Physics parking lot during conflicting times, as part visionary experiments in the MAA Traffic Mitigation Plan, such as ticket holder parking, expansion of the trail to the Betty Grindley Bridge, and a master plan of the institute parking"; which was removed prior to vote. Tygre said there was too much in that motion but the transportation issues were good. She did not want the master planning as part of the motion. Erickson said the comments of not holding the tent hostage to the traffic mitigation plan were valid; it was unfair to hold the MAA responsible for the Meadows Master Planning. Erickson and Garton wanted to have a specific time frame and not number of events. Clauson stated the SPA has no specific dates for 9 ASPEN PLANNING & ZONING COMMISSION SEPTEMBER 22~ 1998 operation. Garton said that was because the tent came down and was not a permanent structure. MOTION: Ron Erickson moved to recommend to city council to approve a substantial amendment to the Aspen Meadows Specially Planned Area (SPA) development, Lot # 2 of the Aspen Meadows, for the redevelopment of the Music Tent, the backstage area, and the tunnel connection with the 14 conditions outlined; amending condition #2 limiting the season from June 1 to August 31 as listed below. Tim Semrau second. 1. Within 180 days after final approval by City Council and prior to issuance of a Building Permit, the applicant shall record a Final SPA development plan. This plan shall include all necessary plat requirements of the City Engineer including site plans, grading plans, utility plans, all utility easements, architectural plans and elevations, and a landscape plan. 2. Within 180 days after final approval by City Council and prior to issuance of a building permit, the applicant shall record a SPA Amendment agreement binding the property to this development order and to the un-amended provisions of the 1991 Agreement. The Agreement shall describe maintenance of the parcel's common areas, access ways, and a 2 year guarantee on landscape improvements, including trees, starting on the issuance day of the Certificate of Occupancy. The Agreement shall include the staging, construction traffic, and general safety plans as adopted by Council. The Agreement shall limit the use of the tent to the current season length, June 1st - August 31st, limit the number of seats to 2,050, and prohibit the use of folding chairs or any other type of temporary seating. Permanent modifications of the seating provision shall be considered a substantial amendment. Occasional increased seating provisions may be approved as a Temporary Use. The agreement shall be approved by the City Attorney prior to recordation. 3. Prior to issuance of a Building Permit, the applicant shall provide to the Engineering Department a Soils Report, Drainage Report, and an Erosion and Sedimentation Plan for during and after construction, all prepared by a Colorado licensed Civil Engineer. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. 4. A tree removal permit from the City Parks Department shall be required for the removal or relocation of trees as per Section 13.20.020 of the Code. All trees that will be maintained on site which are within the construction area shall be fled back and protected with construction barricading or temporary chain link fencing. The applicant shall observe any further requirement of the Parks Department for the protection of existing vegetation which may come up during actual construction. 5. Prior to issuance of a building permit, the applicant shall complete a tap permit and shall pay all connection charges due to the Aspen Consolidated Sanitation District. Connection charges may be estimated by the District with detailed plans. No clearwater may be directed towards the sanitary sewer. 6. The Final Ordinance shall include a timeline for the applicant to obtain a building permit prior to the conclusion of the 1999 music season. 7. The applicant shall abide by the construction staging plan. Said plan shall restrict all construction equipment, vehicles, machinery, materials, and contractor parking within the parking lot north of the music tent. The parking lot surface and curbs shall be repaired, as needed, prior to issuance of a Certificate of Occupancy. 8. The applicant shall abide by the construction traffic plan. This plan shall specify the appropriate starting and ending dates for construction vehicles removing debris from the site, the prohibited hours for such activity, the use of Third Street as the primary street, mitigation measures for dust and 10 ASPEN PLANNING & ZONING COMMISSION SEPTEMBER 22~ 1998 debris, a requirement of the applicant to patch and repair the road surface as necessary during and after hauling, and compensation payable to the City for significant deterioration of Third Street directly attributable to the hauling activity. The City Streets Director shall evaluate the physical conditions before and after the hauling to determine the degree of actual impact. 9. The applicant shall abide by the public safety plan. This plan shall prohibit the use of large or loud machinery during and within one half hour before and after public events at Harris Hall. The construction area shall be barricaded to prevent public access. Construction barricading should also be incorporated for the service entrance and any interior spaces where demolition and construction is taking place within Harris Hall. 10. All utility meters and any new utility pedestals or transformers must be installed on the applicant's property and not in any public right-of-way. Easements must be provided for pedestals. All utility locations and easements must be delineated on the Final SPA Development Plan. Meter locations must be accessible for reading and may not be obstructed. 11. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 10 p.m. except as specifically restricted by other conditions herein. 12. Before issuance of a building permit, the applicant shall record this Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 13. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 14. Prior to issuance of a building permit, the permit plans shall be reviewed and approved by the Fire Marshall. The entire structure shall be sprinkled unless an alternative plan is accepted by the Fire Marshall. Roll call vote: Mooney, no; Buettow, yes; Tygre, no; Erickson, yes; Semrau, yes; Garton, yes. APPROVED 4-2. The City Planning and Zoning Commission recommended the West End Neighborhood, City of Aspen and The Meadows Uses work together for an independent traffic study. ALL IN FAVOR 6-0. Meeting adjourned 7:40 p.m. Jackie Lothian, Deputy City Clerk 11 ASPEN PLANNING & ZONING COMMISSION SEPTEMBER 22~ 1998 MEADOWS SPA AMENDMENT (MUSIC TENT) PARCEL ID. 2735-121-29-802 ........................................... 1 12