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HomeMy WebLinkAboutcoa.lu.tu.39551 Hwy 82.0063.2007.ASLUr City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECT ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION CLOSED BY 0063.2007.ASLU 2735-11-1-09-001 0 Bernese Blvd. Joyce Angier Temporary Use Sandra Dieterich ~o~g I ~_ l ~ ~ I~'~ Amy DeVault .•. .~ [Me E~ iiecwd Q{avigata Pgrm Reports Porgy S~ k1aID.... .?r ~~n 4 GJ ''.g ~i ~.. ~';,~ .:3 '~ :;:"' . : :3 k ;s rs®? wj ~~ 2ump i ~ i~ :' _ _. ~ '~~ ~ . rv~~ a ManiRoutna $tabX h.Fee Sunanay ~QtUOns 'RaBig~~stay .~ Permit Type Pamu 0 .2006 ASLU ..._.__ .._________....., ' A,dkess OERNESE %.VDAPUBLIC USE TRL ~ Apt/Sute Gd ASPEN ~~ State ~~ _~ Zip ~E16ll _ _._. ' Peirtitldormatpn --- ..-__ ~...,__.w_.~._~......_ Mesta Patina t~ -...... _. _ ._... Routaig Oueue ~asFA76 .____ Applied ~121t 1f~ '~ --~ z f _ Pooled's~_ _~ `.a SIMUS ~Pa~ ~M9 APWOVed ~~~.! ~ ! DescdWanITEMPORARY USE PERMIT gg Issued r j -_._. Final SL6milled SANDRA DIETERICN 9253398 Cbek ~Flunrmi9 Days 0 E~ies 121~IZ007 Owns .:: Lest Nara ASPEN CARRIAGE APID AEI ~S ...._~_..._____..._.... '' Fuss Name i ~~~~~~~ PD 8UX 39 ~~N CD 9161 t Pharr ~}BroI9z5.33sa JJf j. C/ Orarra li Applicant? _. _.. ~i~Name jASPEN CAp~kIAGE AND SLED FEN NameT~~~~_~_~ bBOX 39 _ ASPEN C0 8161: ,________.___~_.._..~.„_____. _ Phone ~I910}9253398 Gustp ~ ~ ~2f89 .. .. ".. Linder . lest Name i Fast Naert:~J e.: ~__..._.»- Pharr ~.~ _::_ !1 ... _, ,..~ PUBLIC NOTICE RE: TEMPORY USE PERMIT REQUEST BY THE ASPEN CARRIAGE AND SLEIGH NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, December 11, 2006, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the Aspen Carriage and Sleigh, Sandra Dieterich, requesting a temporary use permit for the operation of a horse drawn sleigh ride use at the City of Aspen Golf Course from December 15, 2006, through April 15, 2007. The temporary use permit is requested for a four (4) month time period. The subject property is located at the City of Aspen Golf Course, Highway 82, Aspen, Colorado and would utilize the trail known as "Bernese Boulevard". The address of the applicant is Sandra Dieterich, P.O. Box 38, Aspen, Colorado 81612. For further information, contact Joyce Allgaier at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO 970.429.2754, or by email ~ceann ci.aspen.co.us . s/Helen Kalin Klanderud, Mavor Aspen City Council Published in the Aspen Times on November 26 2006 City of Aspen Account w ,~,~, ., MEMORANDUM TO: Mayor Klanderud and City Council /~ THRU: Chris Bendon, Community Development Directo>f 1~,~~~n FROM: Joyce A. Allgaier Deputy Director ~J~~~~ DATE: December 11, 2006 RE: Temporary Use Permit for Sleigh Rides on the City of Aspen Golf Course SUMMARY: Sandra Dieterich and Aspen Carriage and Sleigh, applicants, aze requesting a Temporary Use Permit to allow a commercial sleigh ride operation on the City of Aspen Golf course from December 12 to Mazch 31, 2006. The applicant is working with the Park's Department to make sure the Nordic trails will not be negatively impacted by the operation. A Temporary Use Permit was approved for a different operator in 2002 and by Aspen Carriage and Sleigh in both 2005 and 2006 for sleigh rides on the golf course for the winter season. There were no complaints by neighbors or other trail users with regazds to that operation. Staff recommends approval of the sleigh ride operation with conditions. Staff also recommends that a Temporary Use for future winter seasons be allowed to be approved administratively unless determined by the Community Development Director, for reasons having to do with negative impacts or complaints, that the use should be reviewed by the City Council. APPLICANT: Sandra Dieterich and Aspen Carriage and Sleigh LOCATION: 39551 Highway 82, Lot 1, Golf Course Subdivision ZONING: Pazk Planned Unit Development (P PUD) and Pazk Golf Course Support Planned Unit Development (P GCS PUD) CODE CRITERIA FOR TEMPORARY USE: Section 26.450.050 allows City Council to grant a temporary use of up to one hundred eighty (180) days. As provided for in that subsection, all proposed extensions of a temporary use shall be evaluated under the same criteria as set forth in Sections 26.450.030 and 26.450.040. CODE CRITERIA: The following criteria must be considered for the review of the sleigh ride operation: P121 P122 © ~ ~ A. The location, size, design, operating characteristics, and visual impacts of the proposed use. Staff Findine: The sleigh ride operation will originate from the first tee on the Aspen Municipal Golf Course, to the northwest of the pro shop. The sleigh rides will operate daily from 4pm to 8pm. The sleigh itself is staged at the entrance area of the golf course (now Nordic) club house, sitting off to the west side of where the golf carts aze stored in the summer. The use does not conflict with the Nordic operations in that the sleigh will use Bemese Boulevard that follows along the perimeter of the golf course and does not intersect with the ski trail. B. The compatibility of the proposed temporary use with the character, density and use structures and uses in the immediate vicinity. Staff Findin¢: The sleigh ride operation is not expected to create any chazacter or density problems for the azea. Actually, one could azgue that the sleigh ride scene is one that aesthetically adds to scenic beauty and setting of the azea. Housing units are faz enough away and the sleigh rides aze sporadic enough that the use does not conflict with residential uses in the vicinity. C. The impacts of the proposed use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels, and neighborhood character. Staff Finding: The sleigh ride operation will not impact traffic patterns as it is being run on the golf course, there shall not be any increase in noise levels and the City of Aspen is supporting this application and operation. Parking at the golf course is ample for the sleigh ride operation and Nordic trails operation. 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. Staff Finding: The applicant is requesting approval by the City Council for the duration of the winter. The Temporary Use Permit has been allowed in previous years and due to the seasonal nature of this use comes back for approval yeaz after yeaz. Staff recommends that the use be allowed seasonally in future yeazs through an administrative approval and with concurrence by the Parks Department unless determined that impacts aze such that the City Council should conduct a public hearing on the request. E. The purposes and intent of the zone district in which the temporary use is proposed. Staff Findin¢: 2 ... The Pazk (P) zone district allows for recreational uses, such as this. 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. Staff Findin¢: There aze no changes in the surrounding land uses that would prohibit this operation. G. How the proposed temporary use will enhance or diminish the general public health, safety, or welfare. Staff Findine: The temporary use will not impact the public health, safety or welfaee. The horses aze equipped with "manure collection devices" that keep the trail clean and odors down. RECOMMENDATION: Staff is recommending approval of a commercial sleigh ride operation on the City of Aspen Golf Course with the following conditions: 1. The temporary use is valid from December 12, 2006 to Mazch 31, 2007. 2. The applicant shall seek and receive any necessary approvals for signs relating to the operation from the City Zoning Officer. 3. The horses and sleigh shall be limited to the Bernese Boulevard Trail at the City of Aspen golf course. The horse shall weaz a diaper to prevent waste on the trail and the sleigh shall pull a drag to re-groom the course. 4. In future yeazs, this seasonal use for sleigh rides on the City of Aspen Golf Course as proposed herein, may be approved by the Community Development Director with the approval of the Parks Department, with conditions as deemed appropriate, unless determined by the Community Development Director that for reasons of impacts or changed conditions that a public hearing and review should be conducted before the City Council. 5. All material representations made in the application and in the hearing by the applicant and the applicant's representative shall be considered conditions of approval, unless amended by other conditions. CITY MANAGER'S COMMENTS: P123 3 P124 RECOMMENDED MOTION: "I move to approve the request for a Temporary Use Permit to Aspen Carriage and Sleigh for the purpose of operating a commercial sleigh ride operation at the City of Aspen Golf Course from December 12, 2006 to Mazch 31, 2007 with conditions as noted in Resolution No. ice, Series of 2006" Attachments: Exhibit A-Application 4 4 _, , RESOLUTION NO.~ (Series of 2006) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, GRANTING A TEMPORARY USE PERMIT TO ALLOW FOR THE OPERATION OF COMMERCIAL SLEIGH RIDES ON THE CITY OF ASPEN GOLF COURSE, GOLF COURSE SUBDIVISION, LOT 1, ASPEN, COLORADO Parcel ID 2735-111-09001 WHEREAS, pursuant to Section 26.450 of the Aspen Municipal Code, the Applicants, Sandra Dieterich and Aspen Carriage and Sleigh has submitted an application for a Temporary Use Permit to allow the operation of commercial sleigh rides on the City of Aspen Golf Course, Golf Course Subdivision, Lot 1; and, WHEREAS, the Applicant requests this use from December l2, 2006 to Mazch 31, 2007; and'has the approval of the Parks and Recreation Department; and, WHEREAS, Community Development Department reviewed the temporary use application and recommends that the City Council approve the temporary use permit with conditions; and, WHEREAS, City Council conducted a duly noticed public hearing on December 11, 2006, and found that the proposed temporary use is not inconsistent with the character and existing land uses of the surrounding pazcels and neighborhood and that granting the temporary use permit will not adversely impact the neighborhood; and, WHEREAS, City Council found that ganting the temporary use permit will further the public interest and welfare by maintaining a valuab]e wintertime recreational activity in the Aspen azea which is also consistent with the uses permitted in the underlying zone district. NOW, THEREFORE, BE IT RESOLVED BY THE CITX COUNCIL OF ASPEN, COLORADO,THAT: Section 1 In accordance with Section 26.450.020 of the Aspen Municipal Code, the City Council of the City of Aspen, Colorado, does hereby grant Sandra Dieterich and Aspen Carriage and Sleigh, a Temporary Use Permit to operate a commercial sleigh ride operation on the City of Aspen Golf Course with the following conditions: P125 1. The temporary use is valid from December 12, 2006 to Mazch 31, 2007. P ~ 2 6 Resolution No. _, Series of 2006 Page 2 2. The applicant shall seek and receive any necessary approvals for signs relating to the operation from the City Zoning Officer. 3. The horses and sleigh shall be limited to the Bernese Boulevazd Trail at the City of Aspen golf course. The horse shall weaz a diaper to prevent waste on the trail and the sleigh shall pull a drag to re-groom the course. 4. In future yeazs, this seasonal use for sleigh rides on the City of Aspen Golf Course as proposed herein, may be approved by the Community Development Director with the approval of the Parks Department, with conditions as deemed appropriate, unless determined by the Community Development Director that for reasons of impacts or changed conditions that a public hearing and review should be conducted before the City Council. 5. All material representations made in the application and in the hearing by the applicant and the applicant's representative shall be considered conditions of approval; unless amended by other conditions. APPROVED, December 11, 2006, at a public hearing before the City Council of the City of Aspen, Colorado. Helen Kalin HIanderud, Mayor John Worcester, City Attorney ATTEST: Kathryn S. Koch, City Clerk Anni i!`AU'I•• Name: Location: REPRESENTAIIVE• Name: SAY\~r{'0. ~,e~C'~Gh Aaaress: Po lax 38• A~~ Cn ~I(r,l~ Phone# X110- qa5-'>~~iL( Name: Address: #: ~, of APPLICATION: (please check all that apply): ^ Conditional Use ^ Conceptual PUD ^ Conceptual Historic Devi Special Review ^ Final PUD (& PUD Amendment) ^ Final FTistoric Development ^ Desigo Review Appeal ^ Conceptual SPA ^ Minot Historic Devi ^ GMQS Allotment ^ Final SPA (& SPA Amendment) ^ fTistosic Demolition ^ GMQS Exemption ^ Subdivision ^ I~storic Designation ^ ESA - 8040 Greenline, Stream ^ Subdivision Exemption (includes ^ Small Lodge Conversion/ Margin, Hallam Lake Bluff condominiumizaflon) Expansion Mountain mew Plane ^ Lot Spgt ® Temporary Use ^ Other. ^ Lot Line Ad•ustment ^ Text/M Amendment -fir (7 Have you amched the folbwing? FEES DUE: $ ^ Prre-Application Conference Summary ^ Attachment #1, Sigaed Fee Agreement ^ Response to At.~chment #3, Dimensional Requiremems Form ^ Response to Attachment #4, Submittal Requireme~s-Including Written Responses to Review Standards All plans that are Larger than 85" z 11" must be folded and a floppy disk with an electronic copy of all written teat (Microsoft Word Format) mast be submitted as part of the application. ~.~ ~ r Vr' A.7rC1Y liV1a11a1UP111 i UCY CLVf'Ia1C171 UCPARIIa1CR 1 Aacem~°Itor Payment of City of Asom DNeboment A Y~kstioo Fees CITY OF ASPEN (hereinafter CITY) a (hereinafter APPLICANT) AGREE AS 1. APPLICANT has submitted to CITY an apTllicatiOn for C~.;+-~~ 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee strucdue for Land Use applications and the payment of all processing foes is a condition precedent to a de[ennina<ia~ of application comPkuaess. 3. APPLICANT and CITY agnx tiug because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the apptiartioa APPLICANT and CITY fiuWer agree that it is in the interest of the parties that APPLICANT make paymeR of an initial deposit and to theeafter pewit additional Doers to be billed to APPLICANT en a montlily basis. APPLICANT agrees additional costs may ac~aue following their hearings anNor approvals. APPLICANT ogees he will be benefited by retaining greater cash liquidity and will make additional payments upon notifiatan by the CITY when they are nxessmy ffi cads ere incrared. CITY agrees 8 will 6e beuefitod throttglr the Beater cerminry of recovering its full costs to process APPLICANT'S application 4. CITY and APPLICANT further agree that it is impracticable for C[TY stab' to complete processing or present sufiiciert information to the Plmming Commission arcUor City Council to enable the Plamring Commission and/or City Council to make legally required findings fin project coq unless current billings are paid'm full prior to decision. 5. Theret'are, APPLICANT ogees dot in ooosideration of 16e Cft'Y's waiver of its riglB to tolled fu11 flees prior 1o a deten~ien of applic§tion co~kteaess, APPLICANT mall pay m initial deposit in the amoum of S_~ whk~ is far r` g_ hours of Cammuoiry Devdopme~ staff time, aed if acWal recorded wets extend the initial deposit' APPLICANT shall pay additiamt monthly 671iogs ro CITY b ramMuse the CITY for the processing of the app6cetien mentioned above, iucludmg post approval review ~ a rate of'i:Y20.00 pe pla®e~ hem ova the initial deposit. Such peiodic payments shall be made sviWin 30 days of the billing date. APPLICANT further ogees that tiulure to pay such acxnrod rnsts shall be gramds far suspersioe of processor erg, end in no case will building permits be issued until all costs associated with case prooGtsing have been paid. CITY OF ASPEN sy:~~ l~~ Chris don Community Devebpment I)ireetor APPLICANT sy: jn.~ _' gate: ~ ~ .S~ai7 Watling Address: ~~.n, C~ ~I~la a g•.\sapporlUort~tagrpayasdoc Inorol RETAIN FOR PERJi#Atdl:IfT RECOii'~