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HomeMy WebLinkAboutcoa.lu.tu.Co Riff Raft.A03501Colorado Riff Raft, Temorary Use U COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 816Y1 (970) 920-5090 City of Aspen Land Use: 1041 Deposit 1042 Flat Fee 1043 H PC 1046 Zoninla and Sign Referral Fees: 1 163 City Engineer 1205 Environmental Health 1190 Housing Building Fees: 1071 Board of Appeals 1072 Building Permit 1073 Electrical Permit 1074 Energy Code Review 1075 Mechanical Permit 1076 Plan Check 1077 Plumbing Permit 1078 Reinspection 1079 Aspen Fire Other Fees: 1006 Copy 1 165 Remp Fee 1302 GIS Maps 1303 GIS Fee 1481 Housing Cash in Lieu 1383 Open Space Cash in Lieu 1383 Park Dedication 1468 Parking Cash in Lieu Performance Deposit 1268 Public Right-of-way 1 164 School District Land Ded. TOTAL NAME: --�E i + t ! A� ADDRESS/PROJECT: PHONE: CHECK# CASE/ PERM 1T4:, # OF COPIES: DATE: ! t- INITkAL: • • CASE NUMBER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY A035-01 2735-131-14003 Colorado Riff Raft Temporary Use James Lindt/Greg Woods Temporary Use Colorado Riff Raft 5/14/01 Reso. 54-01 Approved 6/1 /01 J. Lindt 0 PARCEL ID. 2735-131-14003 DATE RCVD: 4/10/01 # COPIES: A035-01 CASE NAME: Colorado Riff Raft Temporary Use PLNR PROJ ADDR: CASE TYP: Temporary Use OWN/APP: I Colorado Riff Raft ADR PO Box 4949 C/S/Z: Aspen/CO/81612 PHN: 925-5905 REP: ADR: C/S/Z: PHN FEES DUE:' 205 for) Hr FEES RCVD: 205 STA+ REFERRALS, REF:F- BY�� DUE:�� MTG DATE REV BODY PH NOTICED DATE OF FINAL ACTION: REMARKS CITY COUNCIL: PZ• CLOSED: BY: BOAS � r �, •� DRAG. PLAT SUBMITD: PLAT (BK,PG):� ADMIN jnp;/ / � '. • • TO: Mayor and City Council THRU: Steve Barwick, City Manager Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Directokz-),�-o FROM: James Lindt, Acting Zoning Officer - RE: Colorado Riff Raft Temporary Use Permit, Corner of Aspen and Juan Streets DATE: May 14, 2001 SUMMARY: The applicant, Peter Hicks, President of Colorado Riff Raft, is requesting a temporary use permit to store rafting equipment and vehicles on Lots 7-12, Block 11, Eames Addition, City and Townsite of Aspen, which is located at the intersection of Juan and Aspen Streets. The Community Development Department recommends approval of the temporary use permit for Colorado Riff Raft from May 15, 2001, to September 30, 2001, with conditions. PREVIOUS COUNCIL ACTION: Council approved this temporary use in this location in 2000, 1998, 1997, 1996, and 1995. BACKGROUND: Colorado Riff Raft has been operating in Aspen since 1979. Several sites in Aspen have been used for storage and staging of equipment. This site has proven to be better logistically than other sites. Colorado Riff Raft did not use the property in 1999 for a storage area because it was used by the Aspen Skiing Company as a construction staging area for the Sundeck. Last May City Council approved an identical temporary use for this location but expressed the concern that the applicant should find a permanent location for this use. The applicant has indicated that he has had no success in finding an alternative site. (Please see Exhibit "F" for explanation.) CURRENT ISSUES: This company has maintained a good relationship with the surrounding neighbors and City staff has received no formal complaints in 1998 nor in 2000. The applicant contends that he has researched other sites, but has yet to find a site that is both suitable for the staging area and that the owner is willing to lease to Colorado Riff Raft during the summer months to make it a permanent staging area. In the next year or two this site will likely be under construction as part of the Savanah/Barbee development which recently received conceptual approval. As a condition of approval for this year's temporary use permit, staff feels that an update report should be required of the applicant that illustrates the progress that he has made in finding a more permanent site for the future and insure that the applicant is researching other sites. The update report should be issued to the Aspen City Council no later than the end of the temporary use approval period (September 30, 2001). City Council should decide whether they want to include a condition of approval that specifically precludes the applicant from pursuing a temporary use in the future. (The attached resolution does not include this language.) FINANCIAL IMPLICATIONS: There are no discernible public costs associated with this request. STAFF COMMENTS: 26.450.030 Criteria Applicable to all Temporary Uses When considering a development application for a temporary use, City Council shall consider, among other pertinent factors, the following criteria as they, or any of them, relate thereto. A. The location, size, design, operating characteristics, and visual impacts of the proposed use. Staff Finding: Colorado Riff Raft is proposing to use this site to store approximately 20 vehicles and 6 trailers with rafts. This site is approximately 18,000 square feet and is used in the winter as a parking lot for Aspen Skiing Company employees. Raft guides for the morning trips will be on site generally from 6:30 a.m. to 9:00 a.m. Raft guides for the afternoon trips will be on site generally from 11:30 a.m. to around 12:30 p.m. The raft guides will return to the site between 4:00 p.m. and 6:00 p.m. All guides are expected to be finished by 7:00 p.m. Periodically, guides will be on site for logistics and maintenance. No raft customers will be on site. The applicant should take appropriate measures to minimize the impacts of the temporary use on site, including drainage from washing equipment, tracked mud, parked vehicles, and any bear -proof trash disposal containers. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. Staff Finding: This property is zoned R-15 PUD. Zone districts in the immediate vicinity are L/TR, P, & AH1-PUD. The uses in the area are mostly residential and small lodges. The applicant has worked with the neighbors to ensure they are not disturbed by the operation. 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 temporary use will have very little impact on the traffic patterns in the area. The applicant should make proper arrangements with the Water Department for water to be used. Noise levels are expected to be minimal and diminished by the surrounding vegetation. E 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 proposed temporary use will be from May 15, 2001, to September 30, 2001. A temporary use permit was approved for this use for the Summers of 2000, 1998, 1997, 1996 and 1995 at this same location. E. The purposes and intent of the zone district in which the temporary use is proposed. Staff Finding: The purpose of the Lodge/Tourist Residential zone district is "to encourage the construction and renovation of lodges in the area at the base of Aspen Mountain and to allow construction of tourist -oriented detached, duplex, and multi -family dwellings." The site, however, is somewhat separated from the surrounding uses, and the applicant has maintained a good relationship with the neighbors. Due to these factors, Staff feels that this temporary use is compatible with the area. 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 Finding: Because Colorado Riff Raft has support from the neighbors, Staff feels that this temporary use is compatible with the area. The use is compatible with the surrounding L/TR zone district uses as they both serve the summer tourist market. G. How the proposed temporary use will enhance or diminish the general public health, safety, or welfare. Staff Finding: The storage of rafting equipment on this site will not diminish the public health, safety, or general welfare. Successful local businesses enhance the general public welfare. A bear proof trashcan should be available on -site so that waste may be put in its proper place in an effort to keep the area clean and free of trash. The parking plan that was submitted includes four parking spaces for employees. Providing these employee spaces should alleviate parking problems on neighboring streets. REFERRAL AGENCY COMMENTS: The Engineering Department recommended that they (Riff Raft) keep water and sediment from running into the street or public right-of-way while washing their equipment. The Parks Department commented that no Colorado Riff Raft employees shall be allowed to park in nearby Willoughby Park. Environmental Health commented that Colorado Riff Raft shall keep the parking lot organized and free of waste. The Water Department commented that Colorado Riff Raft shall set up an account with the Water Department for their water needs. The Parking Department has concerns about parking for the employees. Colorado Riff Raft has submitted a parking plan and a letter that addresses the parking department's concerns. Riff Raft plans to designate four spots in the parking lot for employees and as other spots are vacated during the day, they will be made available to employees. RECOMMENDATION: The Community Development Department recommends approval of the Colorado Riff Raft temporary use permit for the storage of raft equipment and vehicles on Lots 7-12, Block 11, Eames Addition, City and Townsite of Aspen, with the following conditions: 1) The duration of this temporary use permit shall be from May 15, 2001, to September 30, 2001. 2) Raft guides may be on site from 6:30 a.m. to 9:00 a.m., from 11:30 a.m. to 12:30 p.m., and from 4:00 p.m. to 7:00 p.m. Raft guides may be on site for incidental reasons anytime between 6:30 a.m. and 7:00 p.m. No raft guides may be on site between 7:00 p.m. and 6:30 a.m. 3) The applicant shall take appropriate measures to minimize the impacts of the temporary use on site, including but not limited to, drainage from washing equipment, tracked mud, parked vehicles, and any trash disposal containers. A bear proof trashcan shall be placed on -site and be utilized by the raft guides to eliminate waste and trash on -site. 4) The applicant will make appropriate arrangements for a separate account with the City Water Department. 5) No customers of Riff Raft are permitted on site. 6) The applicant shall manage and conduct activities on site in such a manner as not to create a nuisance, as defined in Section 15.04.520 of the Municipal Code. 7) The applicant shall not create or allow noise levels in excess of those permitted level as set forth in Section 18.04.040 of the Municipal Code. 8) The applicant shall comply with Section 13.08.110 of the Municipal Code, which prohibits idling the motor of a stationary vehicle for more than 5 minutes within any one hour time period. 9) The applicant shall prepare a progress report for the Aspen City Council by September 30, 2001 that addresses the progress that is being made by the applicant in regards to finding a more permanent future site. 10) The applicant shall alleviate parking problems on neighboring streets by ensuring that employees of Riff Raft are provided access to legal parking while working. 11) There shall be no parking/staging/shipping by Riff Raft on Mill Street (West Side) nor Juan Street. 12) The applicant shall adhere to all representations made in the application and in public hearings. Failure to comply with the conditions of approval or representations made shall be cause for the suspension of the temporary use permit. PROPOSED MOTION: "I move to approve Resolution No.�, Series of 2001, for a temporary use permit for Colorado Riff Raft to store rafting equipment and vehicles on Lots 7-12, Block 11, Eames Addition, City and Townsite of Aspen." CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit "A" - Land use application Exhibit "B" - Referral Comments Exhibit "C" - Location Map Exhibit "D" — Parking Plan Exhibit "E" — Letter from Riff Raft addressing their parking configuration Exhibit' F" -- Letter from Riff Raft addressing search for permanent site • 0 RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, GRANTING A TEMPORARY USE PERMIT TO COLORADO RIFF RAFT FOR RAFT AND VEHICLE STORAGE AT LOTS 7-12, BLOCK 11, EAMES ADDITION, CITY AND TOWNSITE OF ASPEN WHEREAS, pursuant to Section 26.450 of the Aspen Municipal Code, the Applicant, Colorado Riff Raft, has submitted an application for a Temporary Use Permit to store rafting equipment and vehicles on Lots 7-12, Block 11, Eames Addition, City and Townsite of Aspen; and, WHEREAS, the Applicant requests to use this property from May 15, 2001, to September 30, 2001; and, WHEREAS, Community Development reviewed the temporary use application and recommends that the City Council approve the temporary use permit with conditions; and, WHEREAS, City Council finds that the proposed temporary use is not inconsistent with the character and existing land uses of the surrounding parcels and neighborhood and that granting the temporary use permit will not adversely impact the neighborhood; and, WHEREAS, City Council finds that granting the temporary use permit will further the public interest and welfare by maintaining a valuable summertime recreational activity in the Aspen area which is also consistent with the uses permitted in the underlying zone district. NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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 Colorado Riff Raft a temporary use permit to store rafting equipment and vehicles, subject to the following conditions: The duration of this temporary use permit shall be from May 15, 2001, to September 30, 2001. Resolution No. Series of 2� Page 2 • 2. Raft guides may be on site from 6:30 a.m. to 9:00 a.m., from 11:30 a.m. to 12:30 p.m., and from 4:00 p.m. to 7:00 p.m. Raft guides may be on site for incidental reasons anytime between 6:30 a.m. and 7:00 p.m. No raft guides may be on site between 7:00 p.m. and 6:30 a.m. The applicant shall take appropriate measures to minimize the impacts of the temporary use on site, including but not limited to, drainage from washing equipment, tracked mud, parked vehicles, and any trash disposal containers. A bear proof trashcan shall be placed on -site and be utilized by the raft guides to eliminate waste and trash on -site. 4. The applicant will make appropriate arrangements with the City Water Department. The applicant shall initiate an account with City Water Department to account for and pay for water usage. 5. No customers of Riff Raft are permitted on site. 6. The applicant shall manage and conduct activities on site in such a manner as not to create a nuisance, as defined in Section 15.04.520 of the Municipal Code. 7. The applicant shall not create or allow noise levels in excess of those permitted level as set forth in Section 18.04.040 of the Municipal Code. 8. The applicant shall comply with Section 13.08.110 of the Municipal Code, which prohibits idling the motor of a stationary vehicle for more than 5 minutes within any one hour time period. 9. The applicant shall prepare a progress report to the Aspen City Council by September 30, 2001 that addresses the progress that is being made by the applicant in regards to finding a more permanent future site. 10. The applicant shall alleviate parking problems on neighboring streets by ensuring that employees of Riff Raft are provided access to legal parking while working. 11. There shall be no parking/staging/shipping by Riff Raft on Mill Street (West Side) nor Juan Street. 12. The applicant shall adhere to all representations made in the application and in public hearings. Failure to comply with conditions of approval or representations made shall be cause for the suspension of the temporary use permit. FINALLY, ADOPTED, PASSED, AND APPROVED on May 14, 2001, at a public hearing before City Council. Resolution No. _, Series of 2� Page 3 APPROVED AS TO FORM: City Attorney ATTEST: Kathryn S. Koch, City Clerk • Rachel E. Richards, Mayor PROJECT: • LAND USE APPLICATION APPLICANT: Name: �e,•.k0o�a,.� Use pee^ ;Ar _"r a Location: As Pam. 94,t,-E LaAs (Indicate street address, lot & block number, legal description where appropriate) Name: Colo o 9, Address: 'P o ox `► 4 Phone #: `i Z S- S ti o REPRESENTATIVE: Name: Address: Phone #: S YPE OF APPLICATION: (please check all that apply): ❑ Conditional Use ❑ Conceptual PUD Conceptual Historic Devt. ❑ Special Review Final PUD (& PUD Amendment) Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) Historic Demolition ❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation ❑ ESA - 8040 Greenline, Stream ❑ Subdivision Exemption (includes Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ❑ Lot Split Temporary Use ❑ Other: ❑ Lot Line Adjustment ❑ Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) �jtvk <-e PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Sv Cu Ike. Lt R F-4 R-44 -rrcr A%-s Qs.k.'..} 04 ve.L...'-t ,Sr Have you attached the following? Pre -Application Conference Summary ❑ Attachment # 1, Signed Fee Agreement ❑ Response to Attachment 42, Dimensional Requirements Form ❑ Response to Attachment #3, Minimum Submission Contents ❑ Response to Attachment #4, Specific Submission Contents ❑ Response to Attachment 45, Review Standards for Your Application FEES DUE: S Z S,y o APR 10 2001 COWIL: - ::.-1_opMFNT w o- p -.0.j SavanahUni0ited Partnership Monday, March 19, 2001 0 Savanah Limited Partnership 13530 Bali Way Marina del Rey, CA 90292 Phone: (310) 821-5959 Fax:(310) 821-5491 Ms. Julie Ann Woods, Director Community Development Department City of Aspen 130 South Galena Street Aspen, Colorado 81611 Re: Permission To Apply For Conditional Use Permit Dear Ms. Woods: MAR ? 6 2001 ASPEN i PIl KIN COMMUNITY DEVELOPMENT Please consider this letter as authorization for Mr. Peter Hicks of Colorado Riff Raft, Inc. to apply for temporary use of Lots 7 through 12, Block 11 in Eames Addition for the purpose of staging his river rafting trips during the 2001 summer season. This authorization is subject to the approval of the Aspen Skiing Company which currently leases the property from Savanah Limited Partnership Please do not hesitate to contact me if you have any questions or require any additional information regarding this matter. Sincerely, Tarek Ayoubi President Aspen Enterprises International, Inc. Managing General Partner cc: Peter Hicks John Sarpa 0 Colorado Riff Raft 555 East Durant, Box 4949, Aspen, Colorado 81612 Peter D. Hicks President Aspen Planning and Zoning 130 S. Galena Street Aspen, CO 81611 ATTN: James Lindt 19 March 2001 Dear James, • Aspen 970-925-5405 Snowmass Village 970-923-2220 Nationwide 800-759-3939 I would like to apply for a temporary use permit for the Tennis Court parking lot across the street from the Skier's Chalet Steakhouse on the comer of Juan and Aspen Streets. We have used this lot for a staging area for our rafting trips in past years and it has seemed to be a beneficial situation for both us and the neighbors. This location is ideal for us to be able to park our vehicles, store our equipment and be close enough to the center of town to quickly adjust to our customer's needs. We are the only Aspen owned and based rafting company and have been since 1979. The size of the area is about as large as two tennis courts. We will not be using any permanent structures nor will we have to make any modifications to the lot area. The buses are parked in orderly rows and all of the equipment is stored inside the vehicles. This proposal will not have any adverse effects on the character of the neighborhood and will not increase the density in any way. In fact, many of the neighbors prefer to have use there because they know we will keep the area clean, we will keep it clear of unwanted cars or people looking for an out of the way place to hang-out or even camp. Since this situation is so valuable to us we are hyper -sensitive to respecting the neighbors property and are very strict on having our employees operate as quietly as possible while they are there. We would like to start bringing our vehicles into town and up to the lot by the 1st of May. Our lease from the Aspen Ski Company runs from the 1st of May to the 31st of September. Thank you, Chris, for taking the time to review this request. It is obviously a ykg important part of our operation so please feel free to call me with any questions or if I can provide any more information. Also, seeing as that this is the first time I have been through this process myself please don't hesitate to contact me if I don't seem to be following all of the proper procedures. Sincerely, Peter Hicks dventures! A division of Aspen Outdoor Adventures, Inc. * Ey h 1'k I" � **,.R // MEMORANDUM To: James Lindt, Planner From: Richard Goulding, Project Engineer Date: May 2, 2001 Re: Riff Raft Special Use Permit 1. Riff Raft needs to have an account set up for water use and they otherwise comply with Water Dept standards. In the past they have used water at this site as part of the rafting operations and I believe they had an arrangement with the adjoining property to use a hose bib. 3. There is to be no parking /staging/ shipping on Mill Street ( West Side) or on Juan Street. There is to be no illegal parking in the town and Riff Raft staff are to comply with parking officers wishes in a courteous and professional manner. Consistent disregard for parking regulation will result in a suspension of this permit. 3. Riff Raft needs to be aware of the Solid Waste and Wildlife Protection laws. They should not have any food waste (wrappers, old lunches, chips, etc...) on -site. Also they are going to be held responsible to keep the lot organized and free and clean of trash to prevent the area from becoming a nuisance to the neighbors. 4. Equipment washing in the parking lot has been a problem in the past. All sediment that is washed off of the equipment must be contained and prevented from flowing onto the city streets and/or the public right of way. Mine Dumps Apartr x�i����� // us 1 V14., p U P) Gc)LOR,i% • ;4 Colorado Raiff Raft '!Fl RA4' P.O. Box 4949, Aspen, Colorado 81612 TO: James Lindt City of Aspen Planning and zoning department From: Jim Ingram Colorado Riff Raft Dear James EXt, i to Aspen 970.925.5405 Snowmass Village 970.923.2220 Nationwide 800.759.3939 fax 970.920.3316 e-mail riffraft@rof.net www.riffraft.com This is in regards to the Colorado Riff Raft vehicle parking and employee parking configurations at the south Aspen Street yard. We will be parkingsix school type buses, four people movers, nine 15-passenger vans and seven trailers in the yard. The yard will also contain 28 rafts and the gear to outfit those rafts. This configuration has been the same for the past six years and we do not have any plans to change it. The parking configuration is as follows. Of the six -school type busses four will be parked on the southern side of the yard with one of the four double-parked. The remaining two busses will be parked along the western fence of the yard. The remaining vehicles will be parked on the northern edge of the yard and the trailers will be parked in the middle. Our rafts are stacked in the western end of the yard in front of the two busses and behind the trailers. To address our employee parking we will designate the northeast corner of the yard for that purpose. This will contain four spots for any employees to park in, employees will also be able to park in the spots that become vacant when vehicles are out on trips. This should alleviate any parking on south Aspen Street by our employees. We do encourage our employees to use other means of transportation such as RI TA or bike to get to work. Thank you, for all your help. Jim Ingram Adventures! A division of Aspen Outdoor Adventures, Inc. ! 0 Colorado Riff Raft 555 East Durant, Box 4949, Aspen, Colorado 81612 Peter D. Hicks President Aspen Planning and Zoning 130 S. Galena Street Aspen, CO 81611 ATTN: James Lindt 4 April 2001 Dear James, Eyh, lo i'� r/' Aspen 970-925-5405 Snowmass Village 970-923-2220 Nationwide 800-759-3939 I just wanted to keep you in the loop concerning other parking options for our company pursuant to Mayor Richard's suggestion last year that we start looking for a more permanent home for our summer operations. I have some good news and some bad news... The bad news, that I'm sure you, your department, the mayor and anyone familiar with Aspen real estate knows is that there is very little available land in the City limits of Aspen. Any lots that are large enough to accommodate all of our vehicles and equipment (which rules out the vast majority of open areas) are either slated for residential development or are just plain too valuable to use as a parking lot. I can't tell you how many times I've driven around the City looking for possible options only to discover that a. the property is about to be developed b. is too close to expensive residential properties or c. in areas where people would not appreciate our presence. The good news is that the wonderful folks at the Aspen Ski Company have been more than willing to discuss possible options for us in the event that the lot on Aspen street is sold and developed. Those possible options include an area out at the Highlands, Buttermilk and, as a last resort, using one of the lots in Snowmass. While these options are not nearly as attractive as our current location, they are generous offers to at least keep us in town. I wish I had better news or better solutions — believe me, no one wants a permanent home for our operations more than I do. Thanks again for your help. Sincerely, Peter -Hicks Adventures! A division of Aspen Outdoor Adventures, Inc. RESOLUTION NO. 57-2000 (Series of 2000) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, GRANTING A TEMPORARY USE PERMIT TO COLORADO RIFF RAFT FOR RAFT AND VEHICLE STORAGE AT LOTS 7-12, BLOCK 11, EAMES ADDITION, CITY AND TOWNSITE OF ASPEN WHEREAS, pursuant to Section 26.450 of the Aspen Municipal Code, the Applicant, Colorado Riff Raft, has submitted an application for a Temporary Use Permit to store rafting equipment and vehicles on Lots 7-12, Block 11, Eames Addition, City and Townsite of Aspen; and, WHEREAS, the Applicant requests to use wis property from May 9, 2000, to September 31, 2000; and, WHEREAS, Community Development reviewed the temporary use application and recommends that the City Council approve the temporary use permit with conditions; and, WHEREAS, City Council finds that the proposed temporary use is not inconsistent with the character and existing land uses of the surrounding parcels and neighborhood and that granting the temporary use permit will not adversely impact the neighborhood; and, WHEREAS, City Council finds that granting the temporary use permit will further the public interest and welfare by maintaining a valuable summertimerecreational activity in the Aspen area which is also consistent with the uses permitted in the underlying zone district. NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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 Colorado Riff Raft a temporary use permit to store rafting equipment and vehicles, subject to the following conditions: The duration of this temporary use permit shall be from May 9, 2000, to September 31, 2000. �bb Resolution No. , Series boo Page 2 2. Raft guides may be on site from 6:30 a.m. to 9:00 a.m., from 11:30 a.m. to 12:30 p.m., and from 4:00 p.m. to 7:00 p.m. Raft guides may be on site for incidental reasons anytime between 6:30 a.m. and 7:00 p.m. No raft guides may be on site between 7:00 p.m. and 6:30 a.m. 3. The applicant shall take appropriate measures to minimize the impacts of the temporary use on site, including but not limited to, drainage from washing equipment, tracked mud, parked vehicles, and any trash disposal containers. A bear proof trashcan shall be placed on -site and be utilized by the raft guides to eliminate waste and trash on -site. 4. The applicant will make appropriate arrangements with the City Water Department. The applicant shall initiate an account with City Water Department to account for and pay for water usage. No customers of Riff Raft are permitted on site. 6. The applicant shall manage and conduct activities on site in such a manner as not to create a nuisance, as defined in Section 15.04.520 of the Municipal Code. 7. The applicant shall not create or allow noise levels in excess of those permitted level as set forth in Section 18.04.040 of the Municipal Code. The applicant shall comply with Section 13.08.110 of the Municipal Code, which prohibits idling the motor of a stationary vehicle for more than 5 minutes within any one hour time period. 9. The applicant shall adhere to all representations made in the application and in public hearings. Failure to comply with conditions of approval or representations made shall be cause for the suspension of the temporary use permit. 10. The applicant shall submit a parking plan to the Community Development Department before they submit for a temporary use permit next year. APPROVED, on May 8, 2000, at a public hearing before City Council. Rac 1 E. Richards, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk, do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on May 8, 2000. Kathryn S. Ko , City Clerk YJ WA "ONArs A i � Chateau Eauclaire Chateau Roan ng Fork EE IE ASPEN SKIING COMPANY March 23, 2001 Peter Hicks Colorado Riff Raft PO Box 4949 Aspen, CO 81612 Dear Peter, This letter is to confirm our arrangement for use of the parking lot below Lift 1 A on Aspen Street commonly referred to as the Tennis Court lot. Attached you will find a new lease for the year 2001. 1 am making the lease for one year only due to the uncertainty of the property. The Aspen Skiing Company agrees to give Colorado Riff Raft per nission to use the entire lot with the exception of two spaces at the entrance on, aspen Street. This arrangement is for the summer of 2001 only and applies to b jsiness related equipment such as storage of rafts, raft equipment and busses. Please call me if you have any questions. Sincerely, Steve Sewell Aspen Mountain Manager 0 Printed on Recycled Paper Post Office Box 1248 • Aspen, CO 81612 970.925.1220 unvu! skiaspen. com AGREEMENT OF LEASE This Agreement is entered into on thi's�kday of , 2001, between Colorado Riff Raft, Inc., ("CRR") and Aspen Skiing Company, LLC ("ASC") for a term ending September 30, 2001. In consideration of the mutual promises set forth herein, the above -identified parties hereby agree as follows: WHEREAS, ASC is lessee of a parcel of property known as the Tennis Court Parking Lot ("Premises") on Aspen Street. WHEREAS, CRR wishes to sublet Premises for a period of time beginning May 1, 2001, through September 30, 2001, for the purposes of parking business vehicles and equipment. The parties hereto agree that, except as otherwise provided herein, this lease shall be subject to the terms of said prime lease between the Aspen Skiing Company, and Savannah Limited Partnership, including the termination and notice thereof provisions. NOW, THEREFORE ASC agrees to sublet Premises to CRR for a total fee of $1,000.00 annually, due and payable on�1.'��e, , 2001. CRR agrees to repair and/or replace any property damaged, as determined by ASC, as a result of its use of the Premises and at the term of this Agreement, return Premises to its previous condition. CRR further agrees to obtain all permits and licenses necessary for the use of tl to Premises. CRR agrees to indemnify and forever defend and hold harmless ASC from an( against any and all demands, claims, damages, causes of action, liability, losses, lawsuits, expenses (incluc ing attorney's fees) or claims of any kind, nature or description, without limitation, whether foreseen or unforeseen, arising directly or indirectly out of his use of the Premises and all related activities. CRR w 11 name ASC as an additional insured on its Comprehensive General Liability Insurance Policy with limits of not less than $1,000,000 per occurrence and $3,000,000 aggregate. CRR will provide a certificate of insurance to ASC. CRR also agrees to maintain Worker's Compensation insurance in accordance with provisions outlines by the State of Colorado. This Agreement and all questions relating to its validity, interpretation. performance and enforcement shall be governed by and construed in accordance with the laws of the State of Colorado, notwithstanding any Colorado or any other conflict of law provisions to the contrary. Neither party to this Agreement shall act as Agent for the other. Neither party shall have any authority to assume obligations or liabilities or to act on behalf of the other party. The parties are not partners or joint venturers in performing this Agreement or pursuing its underlying objective. ASPEN SKIING COMPANY, LLC COLORADO RIFF RAFT, INC. By: Title: QS,�� `i�'�+\�- . �SJ��Jv� Title: U : Agree ments\riffraft. ag.doc Colorado Rif Raft 555 East Durant, Box 4949, Aspen, Colorado 81612 Peter D. Hicks President Aspen Planning and Zoning 130 S. Galena Street Aspen, CO 81611 ATTN: James Lindt 4 April 2001 Dear James, Aspen 970-925-5405 Snowmass Village 970-923-2220 Nationwide 800-759-3939 I would like to apply for a temporary use permit for the Tennis Court parking lot across the street from the Skier's Chalet Steakhouse on the comer of Juan and Aspen Streets. We have used this lot for a staging area for our rafting trips in past years and it has seemed to be a beneficial situation for both us and the neighbors. This location is ideal for us to be able to park our vehicles, store our equipment and be close enough to the center of town to quickly adjust to our customer's needs. We are the only Aspen owned and based rafting company and have been since 1979. The size of the area is about as large as two tennis courts. We will not be using any permanent structures nor will we have to make any modifications to the lot area. The buses are parked in orderly rows and all of the equipment is stored inside the vehicles. This proposal will not have any adverse effects on the character of the neighborhood and will not increase the density in any way. In fact, many of the neighbors prefer to have use there because they know we will keep the area clean, we will keep it clear of unwanted cars or people looking for an out of the way place to hang-out or even camp. Since this situation is so valuable to us we are hypersensitive to respecting.the neighbors property and are very strict on staving our employees operate as quietly as possible while they are there. We would like to start bringing our vehicles into town and up to the lot by the 1st of May. Our lease from the Aspen Ski Company runs from the P, of May to the 31,t of September. Thank you, James, for taking the time to review this request. It is obviously a ygq important part of our operation so please feel free to call me with any questions or if I can provide any more information. Sincerely, Adventures! Peter Hicks A division of Aspen Outdoor Adventures, Inc. • Colorado Riff Raft 555 East Durant, Box 4949, Aspen, Colorado 81612 Peter D. Hicks President Aspen Planning and Zoning 130 S. Galena Street Aspen, CO 81611 ATTN: James Lindt 4 April 2001 Dear James, The following are responses to the Temporary Uses Section 26.96.030: Aspen 970-925-5405 Snowmass Village 970-923-2220 Nationwide 800-759-3939 A. This application shall not change any visual impacts or characteristics of the lot. B. This site is compatible with the current usage. C. There will be no change in traffic patterns. Noise levels will be kept to a minimum. There will be no increase in municipal services. The neighborhood character shall be the same. This site will help us reduce traffic congestion in Aspen by not having to bring the vehicles back and forth from a down -valley parking facility. Employees can bike and walk to work rather than have to drive their can. D. The duration is from 1 May 2000 to 30 September 2000. There will not be any structures on this property. E. This proposal is compatible with the surrounding zone district as it adjoins the current zoning district to which this proposal is applicable. The neighborhood has been very receptive to having us there in the past. F. The relation of the temporary use is compatible with current use as it is a parking lot for SkiCo employees in the winter. G. The site is compatible to the community character and will not affect the general public, health, safety or welfare. Due to the success of the previous summers, I feel this site is extremely compatible and correct for the usage I have applied for. Thank you again James for reviewing this proposal. Please feel free to contact•me if there is any other information I can provide to help expedite the approval process. Sincerely, Adventures! Peter Hicks A division of Aspen Outdoor Adventures, Inc. MAY-09-2001 WED 08:17 AM FAX N0. • P. 01 YFIDAVIT OF NOTICE PURSUANT 'TO ASPEN LAND USE REGULATIONS State of Colorado } SECTION 26.304.060(E) I, e'kr-f- 'V. µ"C'kS , being or representing an Applicant to the City of Aspen, personally certify that I have complied with the public notice requirements pursuant to Section 26.304.060(F,) of the Aspen Municipal Code in the following manner: 1. By mailing of notice, a copy of which is attached hereto, by first-class postage prepaid U.S. Mail to all owners of property within three hundred (300) feet of the subject property, as indicated on the attached list, on the day of : l , 2001 (which is L4 days prior to the public hearing date of / `( M 4 y ). 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the said sign was posted and visible continuously from the 24 day of — ,-; 1 , 200 l , to the 14 day of rn a.�=, 200J_. (Must be posted for at least ten (10) full days before the hearing date). A photograph of the posted sign is attached hereto. Signature (Attach photograph here) Signed before me this 10 day of /'`► 4r',,.. by „ C�;:``' •. 200 i A MFDIL WI"1NE'SS MY HAND AND OFFICIAL SEAL y My Commission expires: Notary Public PUBLIC 140"rr DATE TfMJE m _ PLACECGt k: PURPOSEb6 •+.r_ � ..ice rfs rid,, PUBLIC NOTICE r0µ l ` � ` ` Vp L ")PMENT RE: COLORADO RIFF RAFT TEMPORARY USE PERMIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, May 14, 2001 at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by peter hicks, Colorado Riff Raft, Inc., requesting Approval for a temporary use permit from May 1 to September 31 to use the parking lot on the comer of Juan and Aspen Streets as a staging area for river ra(iing operations. The property is located at Lots 7-12, 13loek 11, Lames Addition. For further information, contact James Lindt at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5441. s/Rachel E. Richards, Mayor Aepcn City Council Published in the Aspen Times April 28, 2001 City of Aspen Account � Y- 1 6'� �(-Ye .0,/ E 130 S. Galena St. Aspen CO 81611 (970) 920-5090 (970) 920-5439, fax f1 To: C From: 1 Fax: — Pages: Phone• Date: Re: S CC: ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle • Comments: 0 • MEMORANDUM TO: Plans w re routed to those departments checked -off below: ....... City Engineer 0......... Police Department 0 ........... Zoning Officer O ........... Housing Director W� ........ Parks Department 0 ........... Aspen Fire Marshal O ........... City Water 0 ........... Aspen Consolidated Sanitation District O ........... Building Department O ........... Environmental Health O ........... Electric Department O ........... Holy Cross Electric O ........... City Attorney O ........... Streets Department 0 ........... Historic Preservation Officer O ...... Pitkin County Planning ...... DRC FROM: James Lindt, Acting Zoning Officer Community Development Department 130 So. Galena St.; Aspen, CO 81611 Phone-920.5441 Fax-920.5439 RE: Temporary Use Permit for Colorado Riff Raft DATE: April 25, 2001 COMMENTS: We have received our annual temporary use permit application for Colorado Riff Raft to store their rafts and vehicles on the Ski Company Parking Lot Site on the southwest corner of Juan and South Aspen Street. Please find attached last years resolution with the conditions placed on last year's temporary use. The public hearing in front of City Council is scheduled for May 14`h. The DRC on this application is scheduled for May 2"d Thank You, James Lindt ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and A5pc, (hereinafter APPLICANT) AGREE AS FOLLOWS: I . APPLICANT has submitted to CITY an application for V.1c Pee,...:} (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that 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 application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ L o S. o o which is for % . o hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $205.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: Julie Ann Woods Community Development Director g: \support\forms\a g rpa yas. d oc 1/10/01 By: Date: Li' eq! .,� Zat) I Mailing Address: P o 4ox `-tStiP /-Nsper C—C) Pi c 1--