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HomeMy WebLinkAboutlanduse case.tu.Rio Grande Park.A26-93 ~ ."-" CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: DATE COMPLETE: 041J~r '11 '1.3 ( PARCEL ID AND CASE NO. A26-93 LL Permit PROJECT NAME: Aspen Theater Project Address: Rio Grande Legal Address: APPLICANT: Aspen Theater in the Park Applicant Address: Box 8677. Aspen. CO 81612 REPRESENTATIVE: Pat Fallin. President. Board of Representative Address/Phone: STAFF MEMBER: in the Park Temporary Use Park 925-9193 Trustees 925-4075 ---~------~--~~----------~---~-------------------------------- -------------------------------------------------------------- FEES: PLANNING ENGINEER HOUSING ENV. HEALTH TOTAL $ 942.00 $ $ $ $ 942.00 # APPS RECEIVED # PLATS RECEIVED 5 5 TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: -K- 2 STEP: P&Z Meeting Date \ S-:t m~) (J CC Meeting DateQ~ 'I'v\~ 'd..~ PUBLIC HEARING: YES VESTED RIGHTS: YES PUBLIC HEARING:~ VESTED RIGHTS: ~ NO NO NO NO DRC Meeting Date ---------------~----------------------------------------------- --------------------------------------------------------------- REFERRALS: City Attorney )( Parks Dept. School District ~ City Engineer Bldg Inspector Rocky Mtn NatGas ~ Housing Dir. ~ Fire Marshal CDOT Aspen Water Holy Cross Clean Air Board City Electric Mtn. Bell Open Space Board Envir.Hlth. ACSD Other Zoning Energy Center Other DATE REFERRED:--=t..I1.:' INITIALS: CftJ DUE: ~/3 ;~;~~=;~;;;;~7================;~;~=;~;;~;7=Crr~rq~=;;~;~~~7~ --- City Atty ___City Engineer ___Zoning ___Env. Health --- Housing ___ Open Space Other: FILE STATUS AND LOCATION: ;-'\ ,--', MEMORANDUM TO: Mayor and Council THRU: Amy Margerum, City Manager Diane Moore, City Planning ___/'J .jl j) Directo0..?\ T (J ~ THRU: FROM: Leslie Lamont, Planning RE: Aspen Theatre in the Park Temporary Use Review, Second Reading Ordinance 27, Series of 1993 DATE: May 24, 1993 SUMMARY: Pursuant .to Ordinance 5, Series of 1992, the applicant, Aspen Theatre in the Park (Theatre Company) has submitted an application for the temporary use of the Rio Grande property for a theatre tent for their summer season. Ordinance 5, Series of 1992, provides for the review of a land use as a temporary use by the City Council. Please see Ordinance 27, exhibit A. Staff recommends approval of the temporary use permit for Aspen Theatre in the Park. PREVIOUS COUNCIL ACTION: Staff developed the Temporary Use Permit to provide a mechanism for Council to review land uses that are of a temporary nature. Council granted a temporary use for the Theatre last season because the Company was expanding their facility and the conceptual SPA Master Plan, which Council directed staff to develop, was not finished. The Planning and Zoning Commission has recommended to Council approval of the Master Plan for the Rio Grande property. The Theatre tent is a recommended use in the plan. Although, Council will review the Master Plan at the May 10, 1993 meeting, the Company does not have enough time to prepare a final SPA review before this summer season begins. Council approved Ordinance 27 at first council also requested an additional prohibiting parking behind the tent. That to the Ordinance. reading May 10, 1993. condition of approval condition has been added BACKGROUND: The Theatre Company seeks to set up .a tent to serve as a temporary facility to produce live theater from June 1, 1993 to September 20, 1993. In 1986, after four years of performances in the basement of the Hotel Jerome, the Artistic Director of the Theater Company .-- r\ approached the City Council with a request to set up a summer tent on the Rio Grande property. For the past six summers the yellow and white tent has been set up on the Rio Grande property for live theater. CURRENT ISSUES: Although a performing art center is a permitted use in the Public zone district (which is the underlying zoning of the Rio Grande property) the dimensional requirements are established by the adoption of a conceptual and final development plan. Upon adoption of the conceptual plan, specific land use entities will need to submit for a Final SPA review and approval where specific dimensional requirements will be set. Unfortunately, adoption of the conceptual plan is too late for the Company to finish a final SPA review for this season~ Staff has started working with the Company on their final SPA application. Last year, the Theatre Company upgraded the facilities with a larger tent, improved flooring and electrical needs. A permanent storage shed and enclosure for portable bathrooms will be reviewed during final SPA review. A temporary use permit and review is necessary for setting up the tent for this summer season. Please see attachment B for Review Standards for a Temporary Use. FINANCIAL IMPLICATIONS: The Theatre Company will bear all costs for assembly and disassembly of the facility. The Council has supported the Theatre Company's endeavors for at least six years at budget time and has provided in-kind support by granting the use of the Rio Grande site for the tent. RECOMMENDATION: Staff recommends approval of the temporary use for the use of the Rio Grande property for a theater tent by the Aspen Theatre in the Park with the following conditions: 1. The duration of this temporary use shall be from May 25, 1993 to September 20, 1993, with four performances a week. 2. Hours of performances will be approximately 8-10 pm, with performances four nights a week. 3. Rehearsal hours will range from approximately 6-9 pm., six nights a week, except for the two "tech weeks" when use of the tent may go until midnight. 4. The size of the tent shall not exceed 60' x 80' and 26' in height. 5. The Aspen Theatre shall assume all costs associated with erecting and taking down the theatre facility. 6. The tent shall be taken down by September 20, 1993. 2 "'""' ~ 7. The applicant shall manage and conduct its activities as allowed under this temporary use permit in such a manner so as to not create or allow a public nuisance as defined at Section 13-89 of the Municipal Code and or Section 16-13-304 (1) (a) of the Colorado Revised Statutes, and applicant shall not create or allow noise levels in excess of those permitted levels as set forth at Section 16-4 of the Municipal Code. 8. All representations that are made within the submitted application and at the public hearing are incorporated herein and shall be adhered to. 9. Failure to comply with the above conditions of approval or representations made within the application and at the pUblic hearing shall be cause for the suspension of the temporary use permit. 10. Prior to occupancy the Fire Marshall shall insp~t the facility. 11. Prior to occupancy, the Aspen Theatre in the Park shall enter into a lease arrangement with the city of Aspen. 12. Any permanent features planned for the Theatre facility, including but not limited to the storage shed, shed for portable bathrooms, and delivery/handicapped parking spaces shall be reviewed during the final SPA review for this particular land use. 13. Parking shall be prohibited in the park behind the tent. COUNCJ:L MOTJ:ON: flI move to adopt Ordinance 27, Series of 1993 approving the temporary use permit for Aspen Theatre in the Park." CITY MANAGER COMMENTS: ATTACHMENTS: A. Ordinance , Series B. Review Standards C. Tent Plan of 1993 , ~c( '" ''yJ / 1;>~~ ~~~~' ~ y~ "'~ ,~ ~X 3 .~ ~ PUBLIC NOTICE RE: ASPEN THEATER IN THE PARK TEMPORARY USE REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 24, 1993, at a meeting to begin at 5:00 pm before the Aspen City Council, City Council Chambers, 130 s. Galena st., Aspen, CO to consider an application submitted by the Aspen Theater in the Park, P.O. Box 8677, Aspen, CO requesting Temporary Use approval. The applicant proposes to set up a summer theater tent in the Art Park on the Rio Grande property. The applicant is requesting approval from May 15 through September 20, 1993. For further information, contact Leslie Lamont at the Aspen/Pitkin Planning Office, 130 S. Galena st., Aspen, CO 920-5101. s/John Bennett. Mavor Aspen City Council Published in the Aspen Times on May 7, 1993. City of Aspen Account ----------------------------------------------------------------- ----------------------------------------------------------------- ~ ~'-f;Vvry' ~ ) -;r.2 ? "; I it 41-''L-./, '7 v0' ~ W/ /Z7 l' ....v'1_ /1-7-.A!~ .../ (, /1 - /.4;;1 . /!-" ..t.,fi. " iftJ ft,j}(//t-O:' ~l~.cf 4.---- /' ~.:>-:'-- ;t/>.;y ;}t/ / /',;/ / rfr'Yv??" '_ ,I!.f , ;zt:;. I 'frrk/v~.4 .~" 0' "t" o Aspcn l'ulplc :.\Iugg'cu ..g.t..._,. .""/". ~ Public Notice - '1 POBUCf<<)'f'lCE Ihe best bid. The CU{furthe. .eoc'."CS Ihe &<ul,.nSrAuse ....notion to &I1ow.bUolna.s o,nd W11ERf.AS.lhe Oly'C""nc" .~ laken undc:t ItMTATlONTOBlO . "eN. In \lI<: best InI<:t'(Sto.of lhe Clly,lo waive 1',oIUolon.l oWeU. AI$<) requested 10 an '.dvl~1 po..lblc: ........dment:o tothe AoP<'" 'M!"lJut'\ONOf'BAO:1'lAW. anyteo:hn\c.old"'"",uorlrregul&.tIlesln.ny """",dMUlttoSe<:UonU7.$).t"'ofthe~ Munk:lpalCoOe"",..to.ellrnti1.ate.any<:<)nnkts ~ANDME1ERSfORarv PARK and all propoam....bmltted. MUlIt<:lpalCodeIO allow.l~ep.((OtI5Olldot. or pot....t1&1 <:<)nn\cb Ilof:t~ the COOA.nd IRfUC:At1OHSYSTDdS The Bkl Propos.oIs and llld Socurlly m....t be ed) SPA 'e'o'lew 1'rocused punu."t 10 Ihe . 1oc&lcOlldomlnlumJu.tIonordln<u><JCS;&I>d aTY()f'ASf"EN'AllKSDEP~ p1aoedlnoaeen"e1opu~...,lyoealedthe.eln termsandproceduc-esofflw,~t. WlIEREAS,tn\ll<:_l amendments to the Theelty 01' Aa~Q Pub Oep'"n1e<llls andlobelcd:"l3Id Pr-op<><<aIlor 1993-m1." Plan r"","""ailerla. TI.ePf'OP<'OtYIs locI:edat munl<:lpalcondomlnlumlu.tlOn ordlnan<<s a", s<<epUlIt',ealed bkk l<ItUle In.sl.ollltlol\ o( ~1s IlLldelO the InslfUCllons to Bid. nllOUteA.....ue, LoIIG,CalLalwtSubdMslon. .ubs~uenlly enacted .he. odopt,lOn ol this b<<~~."""'_enfor,1nIpUocI cle.nlortheertte.rt.alhatwlUbc.use<llorllXlt- rorlurtherlnlonnattOQ,~IkoJohnson OrdIn.sn<;e.apptOYlnglhecondomtntuml.atlO<l .yotemslltlhedtypub.Completebld~ .lngthe.uc:ceallllllld6er. atlheAopal/PlU:lnPlaMIa(OlD<<.I30S.CaIe- ...""ghtherdn,ando.dd........a:~to.reduee "IlCI ~ ..,.a.bkliomdle atyo(Aopen p..to . ,_ f'z-o-poMlsllLl1'noI. bewtthd'.....lot a perl"'" II&, Aopen.C0920-SIOO. or eliminate condltlO<w 0( condomtnlumlzallon ~S8S~~~AopCA,COand o(thlrty(3O)doyoatt..-thetitMltxedlord_ ....1I'IlneTygft.Ch.aI~ app"",.l.aseurrenl.ly..-.equtredunder.:mllne m.ybepldred'..paltu"byl.I993.8Id5 IncU>an. f'lInnlng..-dZonlne(.ommlss1on ordlnances&nd"lmpoo.eduponlheaflpl~1 .h""klku:1ude.5t&t_tol~11on.s 8YOROEROfTHECITYOF ""bllshedllltheAopen1l""",Mayl.l5'93 t.emn.lIlsCltyCoundl's<l<>slrelhaltheapI'U. tndIodtacpte'lkMaSupeO<n<:eln.\&Il\ai.yo. . ASPEN.COLOIVJXl CIUII herein reedYe the bow:!ll oltl>ooc.........d- terns and 1tO&ter\d$ ...,.s. '(be -u.ct penon . J.a I'ldd. Streel$ Supe<1n:o:<>do:<>l menl>: .....:I b'theproloc:tls.T.....Rubd,ln\ptloACoorcII< t'ubIlshodlntheAoPen1l""",May7&1~,1993. PUBUCNO'f1CE WHEllEAS.theCltyCOUndl....ynot.ndhas _.tZGSt:zo.Apo:oeotlkI.~..wkhdd JU:;ASPE'.NTHEATi.RlNTHEPARXtu.WQ.' notCO!tUtlltledllsellortheCllylotlleact....1 Moncl5y.WqlG.l~UIO.llIthepub,.OIlke.. POBUCNOTlCE RARYUSER.EVIE'N.... adopllonol...yunend.......llotheMunldpa! ~JL~~'~~'. ~~~nuCTOR I"ll~~~'~~"::'~ ~'i.~R~~~:;I~~~~;o;~)' :;:..,~~ ~~~.. aIYOfASf'ENPARKSOEPARTMENT meetl....IO~atS;OO~.theAopeo. ~asloh\sl1ghl.andobllflallonsunder "'--=COlIst~~~: .' .Th.'!C~t~Aa~i:~,~:tin~ ,~~~~" ~.~~ . ,::em~":p<emtngeondomlnl""'l.... '~~~7~=~.;;;.".::r~...=-~~~ht;. .~~~~=~~. i,~~~~;':r~~. .nbkbCltia:eptWt.sl.'tskllU'~t,the Deportntellt.'S8SCanct.-.y~~Aopen.COand app<<wolThe."plIanIpnlp..euo.K1up. Ilme..thls_"'lr.m-tncth.&lamend..-u bid wltidlts.ta the.Ot(. ,best. "1nten:st.The ",,-y bepldt "" attel' M.y 7. t993. The ((l<l1>CI S<lI'/UI>el' tbe&tel' tent In theM Put:... the fllo 10 e>:1.Ung eoftdomlnlurntuUon "roln.neftl CIl)lIurtber~1ber\cht.ltttMbestlnlet. person 'Mille Pf'OleClls Ken Colllns.Ps'u C..ndepropeny.:n.e."plleallt'Is''iequc:sl1nc lILI)'orllLl1'ftO(Sllbsequenttybeulopted.and e:st<<tt>eClty.40'Alw>eUl)'Iechnk:al4efe<:ts f'lddSupervlsor.~l20. 5Pproval.lromMaylS~~_ber20.' thalsuc;hamendmenUIfac!optedm.ynolpro- or~lIfI<UlYand.nbld:s.ubmItIe<l Se:a.ledbld,.houklbeUlled...d6dd,,,,,.ed 1993.Fo.lurlllerlnl<>nl\&Uon;c:<lIItaetLesIIc: vtdth!manyreUdlromthecondtllonsol In.odlUoa to Price. <:nten.. HI loft" II:Ilhe to; Utility Tr&CIO' Ctl)' or Aspen p"-,,.,, 0e-p.v1 Umom sllMnpenlPttldn PlannlngOffi<:e. 130 .~asl"'posed In Ihls O<dln.sn<:<:: and ~Io~...s~.pcdl<eafterta ment,IJOS Q&lenaSI.Aspen.COSI611 5.<1s SCak:naSt..Ao......C09~IOI ". WliERW,U\eA.penCllyCouncllhovtng .......~~ ~ ~ t ~~_~"__e4un<ltMonday Moy17.1~3 . .... ..' .'. ,....-JohnllerltlCll.Mo)'Ot ((lfI.SkI~f1:(llhtPl.ulnln~om"""re<:1>m"",nd.. ~". 0( ~~ . ~~....~ ~ ..: ".:,:"~~:..~~.~~,~I"''!1f,.;:$S.~~l!\;~,,~~.:~.:t.';:f.~~[~.,,,,,,:.:~,..~~~~ Nl~~~r."'~";1~~~.~l'~:r.-'.~~~~~.7.<;!.~~~~,;; ...,pealed"r....encIed..hadnprOvlded.....il the u"",.hall be <:<)nd1lcte<l llRdcon<:l1Oded undtrsUc:hpnorordll\anceS. SeclIon6:Apubllo:\wMIng';"u.c~ .lWlbeheldontheZ~lhdoiOlM&y.t993a1: S:OOP.M. In the Cl<.yCoundlChambocts,uPCS< CltyH.U.As:penColorado."nfl<<n(IS)do-yC prior'lo..hlo:hhear1"g.publ\cnoll<:eo(lhe ...me.h&llbepubllshedln"~ol,.,... er&ldmalltlonwllhlnthtOtyofAsp<rl. ,'_' INTRODUCED. IU:.AD,ANO ORDER&D plJ8. UStIE\>...pnM<le4'bylaw,.bythtCltyCoUndl OCtheOtyofAopeo.....dw:10tbdqollMy.1193. ATTEST. John'fleMett,MayGl' K.alhryn.S:tI:odo. :,. CltyClc:rlr.' . Publlshedlnthe.....penn...e..M&y7.t993 """''''''''''. PLEASE TAKE NOTICE: Th5t"";e Board o! County Cociunl5s\onen;'o(_PltklQ CounIy. C<l'- orado. at Its reeuW 1Deetln&0I\ AptIl.27.1~ andatter.~~publ\c~~ ;"~"'~~.~::' COMMISSroNERS OF t't'113tfCOUl'fl"Y."COL-. OlV.OO,ESTAflUSHlNCAN~Vo'l'm . COMMON CROUt-/tl HOUSING ASSQCLl.noH. \HC.REQARDfNCot:MOlJTlOt(OFJllE<:oM-" Mlltm'YCENTER.'nlEDE\IEUlI'IoIOO'OI"llIO DOCUMENTS, 8IOOlHC AND COt-ITRAcnNC, flNAl. OESICN ANO,MAtiACEMENTOI' CON- STRUCTION OF AN AFfORDABt.E'HOUSltW COMPUX ON T1:ltsm:OfmE~ """~--"""~''''''''''''''''''''''-'''''''''''''''''''''...........''' h 'I ~ h 1""\ .~ ATTACHMENT B - Review standards for a Temporary Use Pursuant to Section 24-7-1203 the following review criteria shall be considered for all temporary uses: A. The location, size, design, operating characteristics, and visual impacts of the proposed use. RESPONSE: Please see the attached plans for the tent. The Theatre Company will be setting up an approximately 60' x 80' and 26' in height. The tent will seat about 100 patrons and provide needed storage space. The proposed temporary use will operate from June 1, 1993 _ September 20, 1993. Performances will occur four nights a week from 8-10 pm. beginning June 30, 1993. Rehearsal hours will range from approximately 6-9 pm., six nights a week. "Tech week" (sound and light set-up) will occur June 22-29 and July 28-August 4. During those weeks the tent will be used up until 12 midnight. The existing access road that is used during the winter for the snow dump operation will provide access for all service and deliveries to the theatre. However with the final upgrade of the park area, parking and delivery access will be very restricted. .Final improvements for access and handicapped parking will be reviewed during final SPA review and shall be consistent with the conceptual SPA master plan for Rio Grande. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. RESPONSE: The Rio grande property is zoned Public with an SPA overlay. The Master Plan process has recognized an Art oriented theme for this property. The combination of the Art Museum across the river with the Art Park and Theatre tent promote the use of this property for the arts. The Theatre Company is a compatible use with the Art Theme that has been recommended in the conceptual SPA Rio Grande master plan. Other uses on the site are snow dump/melt operations (to be moved), the Art Park and the Kayak course. Active recreation on the Rio Grande playing field has been encouraged until the valley wide rail utilizes the field for a terminal. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels, and neighborhood character. RESPONSE: The location of the rheatre distance of the parking garage. recommends further revegetation of reduction in "snow dump road" to a tent is within walking The conceptual plan the passive park area, 12' - 14' sidewalk that , 1'""\ ,~ could accommodate vehicles for delivery accessibility purposes only, and parking at service/delivery and the disabled. and handicapped the tent only for The Theatre uses temporary toilet facilities but hopes to pursue permanent facilities if final SPA approval is received. In addition, the theatre is in the center of the City and very accessible to bikes and pedestrians. Performances will be held four nights Rehearsals are generally during the early "tech week" work at the tent may go until a week, 8-10 pm. evening but during midnight. D. The duration of the proposed temporary use, and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the Application. RESPONSE: Although the Theatre has been performing on this site for seven summers, there was never a formal review process in place for Council and staff's review. The Theatre Company has received funding from the City and causal consent to use the property for approximately seven years. Opening night is scheduled for June 30, 1993. The Theatre has requested a temporary use permit from May 25, 1993 to September 20, 1993. E. The purposes and intent of the zone district in which the temporary use is proposed. RESPONSE: The purpose of the Public zone district is to provide for the development of governmental and quasi- governmental facilities for cultural, educational, civic, and other governmental purposes. Because of the pUblic and cultural nature of this area and the location in the center of the community, staff supports this temporary use. F. The relation of the temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is proposed. RESPONSE: The Theatre Company is becoming an integral part of the entire enhancement program of this site. The conceptual SPA master plan recommends the continued use of the seasonal tent as an appropriate land use on this site. G. How the proposed temporary use will enhance or diminish the general pUblic health, safety or welfare. RESPONSE: This temporary use will provide an additional cultural amenity for this site. The tent provides a casual evening use along the river adding vitality to a pUblic space , ,-- ~. that has been so abused. Aspen Theatre in the Park should do nothing but enhance the general public health, safety or welfare of this community. ^ .-, MESSAGE DISPLAY TO CC Leslie Lamont Diane Moore CC Kathryn Koch From: Jed Caswall Postmark: May 10,93 4:29 PM Status: Previously read Subject: Published notice for Theatre in Park ------------------------------------------------------------------------------ Message: The notice you had published as appeared in Saturday's paper appears to meet the land use code notice requirement for 15 days advance publication-Clerk's office still needs to comply with ord publication requirements as set forth in Charter,i.e.,an ord cannot be passed on final reading less than 7 days after passage and publication on first reading.Hence,if the ord is passed on first reading tonight,then the ord notice for second reading has to occur 7 days in advance of the second reading on 5/24.Publication can be in any newspaper of general circualtion.The ord can be amended tonight to fix 2nd reading date. -------========x========------- I"""'> ,~. MEMORANDUM TO: Mayor and Council Amy Margerum, City Manager Diane Moore, City Planning Director THRU: THRU: FROM: Leslie Lamont, Planning RE: DATE: Aspen Theatre i~~hf Park Temporary Use Reading ordinan~ Series of 1993 May 10, 1993 Review, First =- SUMMARY: Pursuant to Ordinance 5, Series of 1992, the applicant, Aspen Theatre in the Park (Theatre Company) has submitted an application for the temporary use of the Rio Grande property for a theatre tent for this summer season. Ordinance 5, Series of 1992, provides for, the review of a land use'as a temporary use by the city Council. Please see Ordinance __, exhibit A. Staff recommends approval of the temporary use permit for Aspen Theatre in the Park. PREVIOUS COUNCIL ACTION: Staff developed the Temporary Use Permit to provide a mechanism for' Council to review land uses that are of a temporary nature. Council granted a temporary use for the Theatre last season because the Company was expanding their facility and the conceptual SPA Master Plan, which Council directed staff to develop, was not finished. . The Planning and Zoning Commission' has recommended to Council approval of the Master Plan for the Rio Grande property. The Theatre tent is a recommended use in the plan. Although, Council will review the Master Plan at the May 24, 1993 meeting, the Company does not have enought time to prepare a final SPA review before this summer season begins. BACKGROUND: The Theatre Company seeks to set up a tent to serve as a temporary facility to produce live theater from June 1, 1993 to September 2n, 1993. In 1986, after four years of performances in the bas.ement of the Hotel Jerome, the Artistic Director of the Theater Company approached the City Council with a request to set up a summer tent on the Rio Grande property. For the past six summers the yellow and white tent has been set up on the Rio Grande property for live theater. .1'""'\ 1'""'\ CURRENT ISSUES: Although a performing art center is a permitted use in the pUblic zone district (which is the underlying zoning of the Rio Grande property) the dimensional requirements are established by the adoption of a conceptual and final development plan. Upon adoption of the conceptual plan, specific land use entities will need to submit for a Final SPA review and approval where specific dimensional requirements will be set. Unfortunately, adoption of the conceptual plan is too late for the Company to finish a fnal SPA revierw for this season. Staff has started working with the Company on their final SPA application. Last year, the Theatre Company upgraded the facilities with a larger tent, improved flooring and electrical needs. A permanent storage shed and enclosure for portable bathrooms will be reviewed during final SPA review. A temporary use permit a.nd review is necessary for setting up the tent for this summer season. Please see attachment B for Review Standards for a Temporary Use. FINANCIAL IMPLICATIONS: Tl1e Theatre Company will bear all costs for assembly and disassembly of the facility. The Council has supported the Theatre Company's endeavors for at least seven years at budget time and has provided in-kind support by granting the use of the Rio Grande site for the tent. RECOMMENDATION: Staff recommends approval of the temporary use for the use of the Rio Grande property for a theater tent by the Aspen Theatre in the Park with the following conditions: 1. The duration of this temporary use shall be from May 25, 1993 to September 20, 1993. 2. Hours of performances will be approximately 8-10 pm, with performances four nights a week. 3. Rehearsal hours will range from approximately 6-10 pm., six nights a week, except for the two "tech weeks" when use of the tent may go until midnight. 4. The size of the tent shall not exceed 60' x 80' and 26' in height. 5. The Aspen Theatre shall assume. all costs associated with erecting and taking down the theatre facility, and clean-up of the grounds. 6. The tent shall be taken down by september 20, 1993 unless specified in the Rio Grande Master Plan or a final SPA approval of the Theatre tent. 7. The applicant shall manage "and conduct its activities as allowed under this temporary use permit in such a manner so as to 2 ,...... '--. not create or allow a public nuisance as defined at Section 13-89 of the Municipal Code and or Section 16-13-304 (1) (a) of the Colorado Revised Statutes, and applicant shall not create or allow noise levels .in excess of those permitted levels as set forth at Section 16-4 of the Municipal Code. 8. All representations that are made within the submitted application and at the public hearing are incorporated herein and shall be adhered to. 9. Failure to comply with the above conditions of approval or representations made within the application and at the public hearing shall be cause. for the suspension of the temporary use permit. 10. Prior to occupancy the Fire Marshall shall inspect the facility. 11. Prior to occupancy, the Aspen Theatre in the Park shall enter into a lease arrangement with the City of Aspen that includes insurance and indemnification provision protecting the City in a form satisfactory to the City Attorney. 12. Any permanent features planned for the Theatre facility, including but not limited to the storage shed, shed for portable bathrooms, and delivery/handicapped parking spaces shall be reviewed during the SPA review for this particular land use. COUNC:IL HOT:ION: "I move to read Ordinance , Series of 1993." "I move to approve Ordinance ,Series of 1993 on first reading granting a temporary use permit for the use of the Rio Grande property for live performances and construction and maintenance of a theatre tent for Aspen Theatre in the Park." CITY MANAGER COMMEN'l'S: ATTACHMENTS: A. Ordinance ,Series of 1993 B. Review Standards C. Tent Plan : ;~:;:nkO'CGwJrJy INfd wJ) ~+~. 3 "--- :~.. c---'.........-...'.'.-...... . - - -~----~".~----- . ',' --- --....".. .- ~ ,.' ". ~-. - ~ l>)(I~&. 1'111~JI.; 1-1"" ~R~I<t.IA'/' . . Wa.I fgoPNJrt I'i~ iltA1'llJ" -r...u, " '\ , \ \ \: ~ . f./t:iJ 5W^"," ~ r"J<.WAII4AC.rt ~ ", -r"t"'e~ ".'------- ..-.. ", '-, ... -...-.........-- ---,_._----.., ) \ , ....\~, "', .. lJ~1'1<.Wi lAM!' \. '.' . , . '. . '. \ " \SPEN THEATER IN THE PARK 'ROPOSED DEVELOPMENT )iCHEME /~- ~.... -".- lCALE 1'-3Q'-o" APRIL 23. 1993. :ONGEA FUi.LeR ARCtflTECTS It.Ll&.1301' FltW ..,...." ,.-" {-it PUBLIC NOTICE RE: ASPEN THEATER IN THE PARK TEMPORARY USE REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 24, 1993, at a meeting to begin at 5:00 pm before the Aspen City Council, City Council Chambers, 130 S. Galena st., Aspen, CO to consider an application submitted by the Aspen Theater in the Park, P.O. Box 8677, Aspen, CO requesting Temporary Use approval. The applicant proposes to set up a summer theater tent in the Art Park on the Rio Grande property. The applicant is requesting approval from May 15 through september 20, 1993. For further information, contact Leslie Lamont at the Aspen/Pitkin Planning Office, 130 s. Galena st., Aspen, CO 920-5101. stJohn Bennett. Mavor Aspen City Council Published in the Aspen Times on May 7, 1993. --------------------------------------~-------------------------- ----------------------------------------------------------------- city of Aspen Account cJ}fj~~ /'""", /'"""., MESSAGE DISPLAY City Council R'l<hibit...:o-. Approved , 19 _ By Ordinance TO: LESLIE LAMONT FROM: Wayne Vandemark STATUS: Previously read SUBJECT: Art in the Park THE TENT IS THE SAME, THE AREA IS THE SAME, THE PEOPLE ARE THE SAME, AND OUR CODE ISTRE SAME. PERSON IN CHARGE SHALL CONTACT OUR OFFICE AGAIN ABOUT EXITS AND FIRE EXTINGUISHERS. ~ ~, , . MEMORANDUM TO: THRU: FROM: DATE: RE: Leslie Lamont, Planning Office George Robinson, Parks Director Rebecca Baker, Assistant Parks Director Ap~il 30, 1993 Temporary Use Permit for Theater in the Park Upon review of the proposed development scheme for the temporary use permit of the Aspen Theater in the Park, the Parks Department has the following questions/comments. 1) Last summer, there were problems with regard to the trash dumpster being filled to capacity on numerous occasions and the trash blowing out of the dumpster. A solution to this would be to increase the number of pick-ups per week, especially during construction improvements. The theater group should also keep the dumpster lid closed as often as possible and possibly place a lock on the dumpster to discourage miscellaneous trash dumping bo/ outside sources. 2) The temporary use permit proposes numerous improvements to the area surrounding the .tent. Will the Theater in the Park group be paying for all the improvements and who will be monitoring their projects for these improvements to City property? Additionally, will all the improvements as drawn on the proposed Development Scheme be done this summer? The drawing shows the snowmelt machine being moved. While the removal of the snowmelter has been addressed in the Rio Grande Master Plan, this could be delayed for another two years, or at least until another more suitable sight is found. The Theater group should contact the Streets Department before tapping into the electrical circuits at the snowmelter. 3) The letter from Carol Loewenstern states the propane heating system will be installed inside the tent, however on the proposed Development Scheme, it shows a separate structure on the north side of the tent for housing the "new propane fired heating pack.. This issue may need to be addressed by the Fire Marshall to ensure the propane system, whether inside or out, meet fire codes. 4) The temporary use permit proposes a shed for storage, portable restroom facility, and electrical panels. What will the structure be constructed of, and who will be responsible for the long term maintenance of the shed (ie. paint, oil, roof repairs, etc)? 5) The Proposed Development Scheme shows a trail linkage from the gravel trail that parallels the kayak course to the gravel path that circles around the berm. There currently exists no such trail. Is this a mistake on the drawing or something proposed by 1 ",-" 1"""\ 1"""\ the Theater in the Park group? And if it isa proposed trail, who will be paying for it, what will be the surfacing, .and who will be doing the construction of the trail? 6) With regard to the brick walkway, how will the brick be installed, what type of brick will be used and who will be responsible for long term maintenance of the walkway (ie. brick replacement)? Also the drawing shows, but does not identify, a flagstone walkway along the south side of the tent. will this be constructed this summer as well? 7) The drawing shows "new swale for drainage". We will need more information on this proposal. 8) Lastly, in regards to parking, the theater group requests "at least 3 spaces. for delivery vehicles and handicap parking. We would recoIllIllend a maximwn of 3 spaces, 2 handicap spaces and 1 - 1 hour delivery/loading zone space. 2 ,-" .~. ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 Phone 920-5090 FAX 920-5197 MEMORANDUM TO: City Engineer Parks Department Aspen Fire Protection District Leslie Lamont, Planning Office Aspen Theater in the Park Temporary Use Permit Parcel ID No. FROM: RE: DATE: April 28, 1993 Attached for your review and comments is an application submitted by the Aspen Theater in the Park. Please return your comments to me no later than May 3, 1993. Thank you. ;1""'"\ ~. ASPEN/PITKIN PLANNING OFFICE 130 S. Galena street Aspen, Colorado 81~11 (303) 920-5090 . FAX# (303) 920-5197 April 27, 1993 Pat Fallin Aspen ~heater in the Park Box 8677 Aspen, CO 81612 Re: Aspen Theater in the Park ~emporary Use Permit Case A26-93 Dear Pat, The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. We have scheduled this application before the Aspen City Council on Monday, May 10, 1993 at a meeting to begin at 5:00 p.m. Should these dates be inconvenient for you please contact me within 3 working days of the date of this letter. After that the agenda dates will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. ~he Friday before the meeting dates, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. Second Reading before the Council is scheduled for May 24, 1993. If you have any questions, please call Leslie Lamont, the planner assigned to your case at 920-5101. Sincerely, S~lff Administrative Assistant fOl'lU:cc.no.ph ,~ ~. , ASPEN THEATRE IN THE PARK P.O. BOX 8677 ASPEN, COLORADO 81612 (303) 925-9193 Carol Loewenstern, Producing Director 925-9565 Pat T. Fallin, President, Board of Trustees - 925-4075 ^.DD 2 3 \993 r,.! 1\ TO: Leslie LaMont, Aspen Planning Office FROM: Aspen Theatre in the Park Pat Fallin, President. Board of Trustees DATE: April 22, 1993 Aspen Theatre in the Park is requesting a temporary use permit for the theatre tent on the Rio Grande Parcel which includes the Art Park. The temporary use permit is requested for a period of 5 months. The erecting of the tent would commence May 15 and the dismantling will be September 15-20. The theatre has operated in this location for the past seven summers. The presence of the theatre brought together a group of volunteers to begin the recl~imation process which resulted in the Art Park, a beautifully landscaped area of which the theatre tent is the center. The area during the past six years has seen major improvements with the construction of the City Parking Garage, Aspen Youth Center, Pitkin County Library and most recently the regrading of the river bank and the construction of the kayak course. The theatre tent is consistent with the recent Master Plan. Two representa- tives of Theatre in the Park have been a part of the planning committee to ensure that the theatre will be compatible with the neighborhood and the uses envisioned for the Rio Grande. The theatre has operated in the same location for the past 7 summer seasons with minimal, if any, impacts and has been compatible with the surrounding neighborhood. Theatre in the Park will erect the same attractive white"tent as last summer which added a new lever of interest to the Rio Grande. The tent has interior structural supports of aluminlllIl'. A platform was built to provide for seating and the stage which was stored on site for the winter. A platform to house the lighting equipment will be constructed as well as partitions. A propane heating system will also be installed inside the tent. A shed will be constructed near the existing fence to provide a screen for the portable restroom facilities and for some storage in the future. The square footage and location is shown on the attached site plan. The attached site plan shows the location of the theatre tent which is approximately in the center of the park below the parking facility. The location of the tent is such that it is accessible by public transporation, pedestrian/bicycle traffic and by automobile with adequate parking at the city parking garage. JThere will not be parking available next to the theatre this summer, but we do request at least 3 spaces be available for delivery vehicles necessary .for nightly operation of the theatre and to provide for handicapped parking. ~ ;-.. THEATRE IN THE PARK ~e 2 ~ A temporary use permit is requested for the 1993 summer season. Included in the current planning process for the Master Plan for the Rio Grande is the provision for a permanent theatre facility. We realize that plans for any permanent facility will require more elaborate infrastructure as well as ~ another review process. Theatrei~ the Park together with the Aspen Art Musem, located across the river, the Art Park, the walking trails and the tranquility of the residential area along with the activities of the other facilities has brought a revitalization to the long neglected Rio Grande parcel. The Rio Grande Park has become an activity center combining the arts and outdoor activities and connecting the town with the river. 1) 2) AT.I2IOlMENl' l. ~ r--1AND USE APPUCATICN FClm: n-, Project N;>""" ..L:JfF (\ ~E G.J-e~ ~~'" ~F- YI-+eL Project Iocatioti1<,.,o G,<='-'I4\'<~,a_ Y~~t - J.\e*Vp,1?X- (indicate ",l.L=t adh. ~, lot & Mock J1Imb>r, 1egal descr:ipt:.i.an ~ . llWLupdate) /) 3) Present Zcxrl:rg '--I:::b.b h ; .J 4) lDt Size 19;1ticant's Name, Address &:RJcne f ks~~CiikE- L\\ \-\\~ ?~ ~ SVlr:t I ~~-C'n 8101'2 qY,5-Cf3/~ 6) "71--=:::""",,"" -, """"'" . Roe i!m?o I in/, 'fi .4levo - 91J.'i -95<<5 f&T il:tii>10 -qA!5 -401-/)" '. 5) 7) Type of 19;1tication (please d1eck all that awly) : eorxlitional Use _ 0:lIDeptua1 SPA Final SPA _ 0:lIDeptua1 Historic Dev. Final Historic Dev. Minor. Historic Dev. _ ~i",l ReviE!lol' 8040- Greenline _' O:rileptual. roo .> _ stream M&gin Final roo Historic nonnl itian - Ibmta.in view Plane . SUb:iivi~;QI1 . _ Historic Designation Conkmini1.nUi.zation --"- Text,IMap Aw.:.~tl;. '---- QQ3 AlluLuc..&t \€ ' . u:se _ lDt SplitjIot Line x.-: €~~~~. _ QQ3 ExeDptian Adj1.1St:ment 8) Descr:iptian of ExistirJJ Uses (Tn""""", am' type of existinJ stt:ucbJres; awroximate sq. ft.; pmb>"t' of L."k~;any pr:eviaJs awrovaIs granted to the p~). 1 . ~ ~~+ CD be U6eA A~ ? ~\'E.cd-\Gc="~ 9) ~Of~~t~;jt:tion I ~E.. ~\\\. to be ~. .- d b_,)~ \\ JJf::<:..1J'C. ~o f), \.~f'l\~f'a>u.t ' ~\I~ b ~\<:.cd~ \ \ \le_l~<-D+~ ~~\,)Q\ ~L . ~.o1 JJ\1~ f~~.iL I n..o\--:-rc.-, b~ ~;~~~CG l~ 1.{~Oo..M ~E:.."o.<D ,,~~ -o~~'oE:X.., . 10) 'Have ytU attam.>n the followinft _ . RespaiI5e to At:\:adJment 2, M:inilIIlIII Snmi_ian o:rrt:ent:s _ Response to At:\:adJment 3, ~ific Snmi_ian o:rrt:ent:s _ Response to At:\:adJment 4, ReviE!lol'stamards for Yoor 1II!'li.....tian 19:;" ;-'CITY OF ASPEN ~. . I '. ~'f-APPLICATION CONFERENCE S_..oIMARY PROJECT:---r~ Q ~ APPLICANT'S REPRESENTATIVE(J)n.1 h ". ' ==.~ ~~:t -: r tJ ,0 0~!I/:, SUMMARY J.. ~e of Application: I,~' 0~ ~^.~ 2. ." Describe action/type of development being requested: . -+-~,O ~ +.c-,~ 0 f Uf (Jud ,~ , . . ~.~. ~p.~Q 1 (jJC7. J'rK. 'D:RIG. il / '0. / /f').fp ~q3 3. Areas is which Applicant has been requested to respond, types of reports requested: Policy Area/ . .r, . Refe:JAJ:( -PC'R~_.(Y._ ... @>Q ~k.. " Q~. eonnne1-. ~ Jro.-R 0. . ,..IVY\ "iuvJ. 8. Review is: (P&Z O~lyGcc on~ (P&Z then to ec) Public Hearing=-- (TY~)]) (NO) ._ of copies of th~ _li~ti"" ~o her'tt"'. s-' . What fee was applicant requeste.d to 4l"-tf. q~1 Q Anticipated date. of subJllission: O~ ~ (e . COMMENTS/ Q ON S: ld '.' , 4. 5. 6. 7. m~ 84 rv0hre_app tHe"', --' .9. 6 .1--. """ MEMORANDUM TO: Mayor and Council THRU: Amy Margerum, City Manager Diane Moore, city Planning Di THRU: FROM: Leslie Lamont, Senior Planner DATE: April 26, 1993 Consent to Submit Land Use Review Application RE: "============================================================= The Aspen Theatre in the Park requires a temporary use permit to set up tbeir tent on the Rio Grande park for tbisseason, June through' August 1993 . Prior to the issuance ofa temporary use permit, a development review application must be submitted for staff review. The City as the property owner must consent to the submittal of an application for development review. council's consent in no way is intended to constitute a formal approval of any land use as requested by the applicants, or a waiver of the city's pOlice or land use powers. R.ECOMMENDED MOTrON: "I move to direct the City Manager to approve the request by Aspen Theatre in the Park to submit a land use application on City property." By