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HomeMy WebLinkAboutcoa.lu.tu.Co Riff Raft.A028022735-131-134-003 1- Colorado Riff Raft Temporary Use SW Corner of Juan and Asnen St- -So COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen. Colorado 8161 1 (970) 920-5090 City of Aspen Land Use: �, f 1041 Deposit 1042 Flat Fee 1043 HPC 1046 Zoning and Sign Referral Fees: 1163 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 Remo 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-way1164 School District Land Ded. tt TOTAL'ri' l r" NAME: ADDRESS/PROJECT: -r PHONE: ' !� �• ' �1' CHECK# CASE/PERMIT#:l # OF COPIES: DATE: ����"_":�� INITIAL: L_ 40 0 CASE NUMBER A028-02 PARCEL ID # 2735-131-14003 CASE NAME Colorado Riff Raft Temporary Use PROJECT ADDRESS SW Corner of Juan and Aspen PLANNER James Lindt CASE TYPE Temporary Use OWNER/APPLICANT Peter Hicks REPRESENTATIVE DATE OF FINAL ACTION 4/22/02 CITY COUNCIL ACTION Reso. 33-2002 PZ ACTION ADMIN ACTION Approved w/ Condition BOA ACTION DATE CLOSED 4/23/02 BY J. Lindt • • P n P CASE NAME- Colorado Riff Raft Temporary Use PLNR: .,. PROJ ADDR: SW Corner of Juan and Aspen CASE TYPI Temporary Use STEPS] OVM/APP:l Peter Hicks ADRI PO Box 4949 C/S2: Aspen/CO/81612 PHN: 925-5405 REP: ADR: C/S/Z:1 PHN FEES DUE: 500 D FEES RCVD:1 Bill Them STAT:1 REF _ REF:- BYJ DUE:I MTG DATE REV BODY PH NOTICED 1 DATE OF FINAL ACTION REMARKS CITY CITY COUNCIL 3 7� PZ: 1./.�. CLOSED: L� v BY: ;V, 01(- BOA:DRAC: PLAT SUBMITD: PLAT (BK,PG): ADMIN i ����� • DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. is Colorado Riff Raft, PO Box 4949, Aspen, CO 81612 Property Owner's Name, Mailing Address and telephone number Lots 7-12, Block 11, Eames Addition, City and Townsite of Aspen Legal Description and Street Address of Subject Property 180 Day Temporary Use Approval to Store Rafts and Vehicles Written Description of the Site Specific Plan and/or Attachment Describing Plan City Council Resolution #33, Series of 2002, 4/22/02 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) May 4, 2002 Effective Date of Development Order (Same as date of publication of notice of approval.) September 30th, 2002 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 4`h day of May, 2002, by the City of Aspen Community Development Director. 0 J>/e Ann Woods, Community Development Director • 'OV11 4 MEMORANDUM TO: Mayor and City Council RECEIVED THRU: Julie Ann Woods, Community Development Director i APR ? 4 Mi Joyce Ohlson, Deputy Director ASPEN) PITKIN + CoNAviUhi'f Y DEVEL2rF•EN' FROM: James Lindt, Planner l-- RE: Colorado Riff Raft Temporary Use Permit, Corner of Aspen and Juan Streets DATE: April 22, 2002 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 1, 2002, to September 30, 2002, with conditions. PREVIOUS COUNCIL ACTION: Council approved this temporary use in this location in 2001, 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. Six out of the last seven years, City Council has approved an identical temporary use request for this location. CURRENT ISSUES: This company has maintained a good relationship with the surrounding neighbors and City staff has received no formal complaints in 1998, 2000, or 2001. The Applicant indicates 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 SavanahBarbee development which has received conceptual approval. 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.) STAFF COMMENTS: 26.450.030 Temporary Use Criteria and Staff Findings When considering a development application for a temporary use, City Council shall consider, among other pertinent factors, the following criteria: 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. Staff feels that the Applicant has taken appropriate measures to minimize the impacts of the temporary use on site in the past. Staff believes this criterion is met if the Applicant strictly adheres to the conditions proposed by Staff to regulate drainage from washing equipment, tracking mud on to City Streets, parking of 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 of the subject parcel include Lodge/Tourist Residential, Park , & AH-PUD. The uses in the area are mostly multi -family residences and small lodges. Staff feels that the Applicant has worked with the neighbors in the past to ensure they are not disturbed by the operation. Staff has no reason to believe that the Applicant's operations this summer will have any conflict with neighborhood. Staff finds this criterion to be met. 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. 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 1, 2002, to September 30, 2002. A temporary use permit was approved for this use for the Summers of 2001, 2000, 1998, 1997, 1996 and 1995 at this same location. Staff has had no significant problems with the use in the past. Staff finds this criterion to be met. E. The purposes and intent of the zone district in which the temporary use is proposed. Staff Finding: The subject parcel is really the only property in the area that is zoned R-15 (Moderate - Density Residential. The majority of the area surrounding the parcels is zoned Lodge/ Tourist Residential. 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. Staff finds this criterion to be met. 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. Staff finds this criterion to be met. 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. In the past there has been high bear activity in the area. The Parks Department is requiring that a bear proof dumpster that automatically locks 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 that may attract wildlife. Staff finds this criterion to be met. REFERRAL AGENCY COMMENTS: The Engineering Department requires that the Applicant keep water and sediment from running into the street or public right-of-way while washing their equipment. The Parks Department requested that no Colorado Riff Raft employees be allowed to park in the nearby Willoughby Park parking lot. Environmental Health requires that Colorado Riff Raft keep the parking lot organized and free of waste and provide an automatically locking bear -proof dumpster. The Environmental Health Department is also requiring that the Applicant only use biodegradable soap while cleaning their vehicles and rafts on site. Additionally, the Environmental Health Department is requiring that water used for cleaning vehicles not drain off -site. The Water Department has required that the Applicant set up an account with the Water Department for their water needs. Staff has incorporated the referral agency comments in the proposed resolution as appropriate. 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 1, 2002, to September 30, 2002. 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. An automatically locking bear proof trashcan shall be placed on -site and be utilized by the raft guides to eliminate waste and trash on -site. The Applicant shall have the Parks Department inspect the bear proof trashcan prior to commencing raft trips. 4) The Applicant will make appropriate arrangements for a separate account with the City Water Department. The Applicant shall initiate an account with the City Water Department to account 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 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 alleviate parking problems on neighboring streets by ensuring that employees of Riff Raft are provided access to legal parking while working. 10) There shall be no parking/staging/shipping by Riff Raft on Mill Street (West Side) nor on Juan Street. 11) The Applicant shall only use biodegradable soap when cleaning vehicles and may not let the water used drain off the property. 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.s�, Series of 2002, approving with conditions 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 • G�ORA Colorado Riff Raft I� /?j r R A'�� P.O. Box 0.0 • Aspen, Colorado 81612 Peter D. Hicks President Aspen Planning and Zoning 130 S. Galena Street Aspen, CO 81611 ATTN: James Lindt 15 March 2002 Dear James, NT Aspcn Snowmass Village 970.923. 2 2 20 Nationwide 800.759.3939 Fax 970.9 20.3316 e-mail riffraftQrof.net web -site «.rif riIt.cont It's that time of year again and I would officially 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 corner 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 the neighbors and us. I have been in contact with Steve Sewell of the Aspen Ski Company and he has indicated that the property will not be developed this summer and would be available for our use. 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 having our employees oparate 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 Pt of May to the 31st of September. Thank you, James, for taking the time to review this request. It is obviously a y= important part of our operation so please feel free to call me with any questions or if I can provide any more information. Sincerely, Peter Hicks A Di%ision of Aspen Outeloor Ack-entures. Inc. l�J Colorado Riff Raft P.O. Box 4949 • Aspen, Colorado 81612 Peter D. Hicks President Aspen Planning and Zoning 130 S. Galena Street Aspen, CO 81611 AT -IN: James Lindt FAX 920-5439 21 March 2002 Dear James, 0 Aspen 970.925.5405 Snowmass Village 970.923.2220 Nationwide 800.759.3939 Fax 970.920.3316 e-mail riffraft@rof.net web -site www.riffraft.com Here is the information that you requested concerning our operations and use of the land at Aspen and Juan streets: ■ Colorado Riff Raft has been in operation and locally owned since 1979. The founder, LJ Erspamer (still an Aspen resident), sold the company in 1997 to Peter Hicks who is the current owner. ■ The company specializes in whitewater rafting trips on the Roaring Fork, Colorado and Arkansas rivers. Our main office is in the North of Nell building at 555 E. Durant with a small satellite sales booth in Snowmass Village. ■ Riff Raft employs approximately 40 people all of whom live in the Aspen/Snowmass area. Many of the employees are also Aspen SkiCo employees in the winter season. ■ We currently own 5 buses, 3 mini buses, 5 trailers and 8 vans along with 24 boats and all of the necessary paddles, frames, etc. ■ For the past 10 years we have used the lot at Aspen and Juan Streets as our parking/staging area. Basically, it's the area where we park all of our vehicles and prepare trips to go out. The vast majority of our trips are either morning half day trips or full day trips. Therefore, once the vehicles leave in the morning, anywhere from 8:15 — 9:00, they are usually gone for the day. There is very little traffic, movement or activity during the days. At the end of the day when the trips return, vehicles and gear are washed off (we have an arrangement with one of the neighbors to use their water) and stored for the night. We never have any customers on the lot. ■ We supply the lot with our own dumpster and Porta Pottie. We also have an arrangement with one of the neighbors to use an electrical outlet which is used primarily to run an electric pump for the boats. 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. 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 (see attached diagram) and most 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 A Division of Aspen Outdoor Adventures, Inc. 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 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 ist of May to the 31st of September. Sincerely, 7 Peter Hicks Attached: Parking Map March 26, 2002 Mr. James Lindt Community Development Department City of Aspen 130 South Galena Street Aspen, Colorado 81611 Re: Permission To Apply For Conditional Use Permit Dear Mr. Lindt: Aspen Enterprises International Holdings, Ltd. ("AEIH") is the current owner of that certain property described as Lots 7 through 12, Block 11, Eames Addition to the City and Townsite of Aspen (the "Barbee Parking Lot Parcel"). Please consider this letter as authorization from "AEIH" for Mr. Peter Hicks of Colorado Riff Raft, Inc. to apply for temporary use of the Barbee Parking Lot Parcel for the purpose of staging his river rafting trips during the 2002 summer season. This authorization is subject to the approval of the Aspen Skiing Company, which currently leases the Barbee Parking Lot Parcel from AEIH. Please do not hesitate to contact me if you have any questions or require any additional information regarding this matter. Sincerely, Tarek Ayoubi Vice -President Aspen Enterprises International Holdings, Ltd. (310) 821-5959 cc: Mr. Peter Hicks m y a Z J t 0 ti 0 �- O' 7� �P,) tJ� ri ate. ,a ant \�A ASPEN SKIING COMPANY March 20, 2002 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 i A on Aspen Street commonly referred to as the Tennis Court lot. Our legal department is working out the details of the lease, which I will forward to you as soon as possible. The Aspen Skiing Company agrees to give Colorado Riff Raft permission to use the entire lot with the exception of two spaces, for use by Aspen Company vehicles, at the entrance on Aspen Street. This arrangement is for the summer of 2002 only and applies to business 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 /',wi I -J iw tin» 1248 ...A-qwn. (:'O X 161 1 • 0 Ex�\ 1101 \ \\ R_ // MEMORANDUM To: Development Review Committee From: John Niewoehner, Reference DRC Caseload Coordinator Date: April4,2002 Re: Riff Raft Temporary Use The Development Review Committee has reviewed the Temporary Use Permit for Riff Raft at their March 27, 2002 meeting, and has compiled the following comments: General Sufficiency of Submittal: DRC comments are based on the fact that we assume the submitted site plan is accurate, that it shows all site features, and that proposed development is feasible. The wording must be carried forward exactly as written unless prior consent is received from the Engineering Department. This is to alleviate problems and delays related to approvals tied to "issuance of building permit." 2. R.O.W. Impacts: If there are any encroachments into the public rights-ofway, the encroachment must either be removed or be subject to current encroachment license requirements. Comments 2 9 Fire Protection District— Requirement — Fire Protection District requests the following revisions be made: a. No Comment at this time. Ambulance Services — Requirement - a. No comment at this time. Transportation — Requirements- The information were forwarded by Transportation department: a. No comment at this time 4. Building Department —Requirements —The following requirements were forwarded by the Building Department: a. No comment at this time 5. Parking — Requirement — The following requirement has been forwarded by the Parking Department: a. No Comment at this time. 6. Engineering Department — Requirement- The following requirements have been provided by the Engineering Department: 0 a. 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. 7. Streets Department — Requirement- The following requirements have been provided by the Streets department a. No Comment at this time. 8. Housing Office — Requirements — The following requirements have been provided by the Housing Office: a. No comment. 9. Emergency Management Disaster Coordinator — Requirement - The following requirement has been provided by the Pitkin County Disaster Coordinator: a. No Comment at this time. 10. City Environmental Health — Requirements- The following requirements were made by the Environmental Health Director: a. The applicant shall not use soap on -site to wash vehicles because there is no drainage system to prevent potential violation of the clean wateract. b. The applicant shall provide an automatically locking bear -proof trashcan on site. c. The Applicant shall not create or allow noise levels in excess of those permitted as set forth in Section 18.04.040 of the Municipal Code. d. 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. 11. Parks — Requirement- The following requirements have been made by the Parks Department: a. The applicant shall not park off the paved portion of the lot. 12. Utilities: - Water: City Water Department - Requirement — As a request of the City of Aspen Water Department, revisions need to be made as follows: a. The applicant shall make arrangements to set up a separate account for water. Wastewater: Aspen Consolidated Waste District — Requirement — a. No Comment at this time. DRC Attendees Staff: James Lindt Applicant's Representative: Peter Hicks Richard Goulding G:\Engineering\Riff Raft comments.doc Riff Raft Vicinity Map Exhibit "C" Parcel.shp • Road Network City of Aspen Rivers & Ponds Structures Parks & Open Space Parcels Text One Hundred Scale Road Names AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE j ) 0 ADDRESS OF PROPERTY: W O � 3�0, Aspen, Asp"'o SCHEDULED PUBLIC HEARING DATE: 7iZ -_7_ , 200 STATE OF COLORADO ) SS. County of Pitkin ) I, __f cvwe-j L—s�c��6t�_ (name, please print) being or representing an Applicanvfo the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of'notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least ten (10) days prior to the public hearing and was continuously visible from the _ day of , 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. XMailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least ten (10) days prior to the public hearing, notice was hand delivered or mailed by first class, postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application, and, at least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on nest page) Rezoning or test amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. gnature The foregoing "Affidavit of Notice" was acknowledged before me this — day of , 200_, by WITNESS i\,lY HAND AND OFFICIAL SEAL Nly commission expires: Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGH) LIST OF THE O �PNERS AND GO VERMVIENTAL AGENCIES NOTICED B Y 3141L CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 HEIMANN GEORGE R 100 E DEAN ST #2E ASPEN, CO 81611-1804 CRISTOL STANLEY J 2918 3RD ST BOULDER, CO 80304 CAIN DOUGLAS M CAIN CONSTANCE MOFFIT TRUSTEES 1960 HUDSON ST DENVER, CO 80220 WALDRON GAILYN L PO BOX 10244 ASPEN, CO 81611 • SHADOW MOUNTAIN INVESTMEN C/O TIM SEMRAU 208 1/2 E MAIN ST ASPEN, CO 81611 MULKEY DAVID A DR TRUSTEE 2839 QUEENS COURTYARD DR LAS VEGAS, NV 89109-1522 SOLOMON RONALD E 1711 SW 30TH PL FT LAUDERDALE, FL 33315 GILLESPIE JOHN E REVOCABL 775 GULFSHORE DR #4115 DESTIN, FL 32541 WOLF HEINZ AND ELIANE TRUSTEES OF WOLF FAMILY TRUST 1221 MYRTLE AVE SAN DIEGO, CA 92103 WUGALTER JOEL 3200 NORTH OCEAN BLVD #909 FT LAUDERDALE, FL 33308 IMREM SUE 219 E LAKE SHORE DR APT 5D CHICAGO, IL 60611 NOBLE GUY T PO BOX 9344 ASPEN, CO 81612 ROSS ROBERT M 6550 FANNIN ST STE 2403 HOUSTON, TX 77030-2748 LARKIN THOMAS J & MARYANN 1 SHELDRAKE LN PALM BEACH GARDENS, FL 33418-6820 SHADOW MOUNTAIN INVESTMEN C/O TIM SEMRAU 208 1/2 E MAIN ST ASPEN, CO 81611 ELLIS PAUL DAVID PO BOX 3633 ASPEN, CO 81612 BERHORST JERRY BERHORST CAROLE 7161 LINDENMERE DR BLOOMFIELD HILLS, MI 48301 BROWN EDWARD L PO BOX 2604 NAPERVILLE, IL 60566 RUDERMAN ERIC P & MIMI E 1536 OGDEN ST DENVER, CO 80218-1406 • SOLONDZ TAMI S PO BOX 2829 ASPEN, CO 81612 NITSCHKE DR RUPERT & ELIZ 6701 N RHODE ISLAND ST OKLAHOMA CITY, OK 73111 CHU FAMILY TRUST 2/3 INT LU CHYI-KANG & NANCY-1 /3 INT 38 CORMORANT CIR NEWPORT BEACH, CA 92660 MACDONALD KENNETH HUGH JR 2000 WHITTIER SAGINAW, MI 48601 CALKINS GEORGE W 5100 E QUINCY AVE ENGLEWOOD, CO 80110 ADAMS HOWARD S 825 E HOPKINS AVE _ #25 ASPEN, CO 81611-2027 MCCONNELL THOMAS W & KAY 3814 OAKHILLS BLOOMFIELD HILLS, MI 48301 TAROCH HOLDINGS LTD C/O PATRICK D MCALLISTER PC 210 N MILL ST #201 ASPEN, CO 81611-1504 VICKERY MARIE B 41 COUNTRY CLUB VILLAGE PUEBLO, CO 81008 VANDER WALL DEAN ROBERT PO BOX 89 LONE PINE, CA 93545 REED LYNN W *STEINER DONALD R *GRAHAM MAUREEN 2224 VIA SEVILLE RD NW 5536 SILVER RIDGE DR 538 VERNON HEIGHTS BLVD ALBUQUERQUE, NM 87104-3096 STONE MOUNTAIN, GA 30087 MARION, OH 43302 KNOWLTON VERA JEAN 2552 E ALAMEDA STE 31 DENVER, CO 80209 O'CONNOR ROBERT W O'CONNOR CATHERINE L 17896 SABLE RIDGE DR SOUTH BEND, IN 46635 ROBLES ENRIQUE ALVAREZ ALVAREZ CRISTINA SIERRA GORDA #340 LOMAS CHAPULTEPEC MEXICO, 11000 SHADOW MOUNTAIN INVESTMEN C/O TIM SEMRAU 208 1/2 E MAIN ST ASPEN, CO 81611 LACY ROANE M JR PO BOX 20788 WACO, TX 76702 HARTMAN CHRISTINA M UND 1 2865 NE 24TH CT FT LAUDERDALE, FL 33305 ROARING FORK PROPERTIES LE CHARD ALLAN P LIFT ONE CONDOMINIUM 5055 26TH AVE LE CHARD SIDNEY ANN ASSO ROCKFORD, IL 61109 1002 BUCKINGHAM RD 131 E DURANT AVE GROSSE POINTE PARK, MI ASPEN, CO 81611 48230 LEWIS PERRY GLICKMAN EDWIN C COHEN ARTHUR S HEARTLAND PARTNERS 2322 LAZY O RD IBSEN 72 55 RAILROAD AVE SNOWMASS, CO 81654 MEXICO CITY MEXICO, 11560 GREENWICH, CT 06830 MCDONALD FRANCIS B 326 MIDLAND AVE #207 ASPEN, CO 81611 GROOS NICHOLAS D 40% INT 210 N INDUSTRIAL PARK RD HASTINGS, MI 49058 HATCHER HUGH S & JENNIFER 2806 DUMBARTON ST NW WASHINGTON, DC 20007 EVANS DAVID COURTNEY PO BOX 952 ASPEN, CO 81612 SAVANAH LIMITED PARTNERSH 13530 BALI WAY MARINA DEL REY, CA 90292 GLAUBINGER LAWRENCE D GLAUBINGER LUCIENNE P O BOX 3567 HALLANDALE, FL 33008-3567 WARSTLER ROBERT T 2813 CANYONSIDE DR SANTA ROSA, CA 95404 BARBEE MARY K 2019 NEWTON ST CODY, WY 82414 ZOLLER LAWRENCE & HELEN WOLK PAUL REVOCABLE 5 TRUST C/O STEPHEN ZOLLER 4868 THE DELL LN 1032 TIA JUANA ST HUME, VA 22639 LAGUNA BEACH, CA 92651 BENT FORK LLC PO BOX 9197 ASPEN, CO 81612 GREINER JERRY M GREINER TERESA U 1401 ROSELAWN WEST ROSEVILLE, MN 55113 BRIGHT GALEN PO BOX 1848 ASPEN, CO 81612 JACOBSON BENN TRUST OF 19 110 E 9TH ST STE A1254 LOS ANGELES, CA 90079 BOUNDY RICHARD R 906 W SUGNET RD MIDLAND, MI 48640 SHEFFER BARBARA & DOUGLAS PO BOX 250 ASPEN, CO 81612 SOUTH POINT CONDOMINIUM A 205 E DURANT AVE #2F ASPEN, CO 81611 SCHROEDER C M JR SCHROEDER BETTY ANN 3629 ROCKBRIDGE RD COLUMBIA, SC 29206 JUAN STREET HOUSING COMMO ASPEN/PITKIN COUNTY HOUSING AUTHORITY 530 E MAIN ST AWN) LAItED PARTNERSH EAMES ADDITION BLK 11 LOTS 7-12 13530 BALI WAY *W*1RA 3 VA $c9,ff2R PO BOX 3476 ASPEN, CO 81612 CUMNOCK CHERYL L & CUMNOCK ROBERT E AS JT TENANTS 115 JUAN ST ASPEN, CO 81611-1885 DOLINSEK JOHN 50% INT DOLINSEK FRANK JR 50% INT 619 SO MONARCH ST ASPEN, CO 81611 SKIERS CHALET LLC PO BOX 248 ASPEN, CO 81612-0248 • LEVY HELEN JOAN TRUST 421 WARWICK RD KENILWORTH, IL 60043 WOODSON TATJANA D P O BOX 125 TETON VILLAGE, WY 83025 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 SMITH RONA K 1742 HILLSIDE RD STEVENSON, MD 21153 PICARD DEBORA J & DOUGLAS 2600 GARDEN RD STE 222 MONTERREY, CA 93940-5322 MCCARTNEY CHARLES H PO BOX 12106 ASPEN, CO 81612 HILL EUGENE D JR 1/2 3910 S HILLCREST DR DENVER, CO 80237 HOLLAND HOUSE SKI LODGE I COLORADO CORP PO BOX 182 ASPEN, CO 81612 VANTONGEREN HAROLD V & LI 2000 E 12TH AVE BOX 8 DENVER, CO 80206 BARBEE MARY K 2019 NEWTON ST CODY, WY 82414 LUNDHOLM KERSTIN W/MORGAN PO BOX 11329 ASPEN, CO 81612 JOHNSON KERRI & DEREK 117 JUAN ST #1 ASPEN, CO 81611 CHRISTENSEN CINDY 109 JUAN ST ASPEN, CO 81611 CROW MARGERY K & PETER D 46103 HIGHWAY 6 & 24 GLENWOOD SPRINGS, CO 81601 KLEINER JOHN P 55 SECOND ST COLORADO SPRINGS, CO 80906 SAVANAH LIMITED PARTNERSH EAMES ADDITION BLK 11 LOT 13-20 13530 BALI WAY M�BYXWtqk 90292 3513 CAMDEN DR LONGMONT, CO 80503 CITY OF ASPEN SKIERS CHALET LLC CITY OF ASPEN 130 S GALENA ST PO BOX 248 130 S GALENA ST ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 O SCHERER ROBERT P III ELDER TRUST 217 GOLDENROD AVE ELDER JERRY TRUSTEE CORONA DEL MAR, CA 92625 YOUNG BARBARA A PO BOX 1355 WINTER PARK, CO 80482 KLINDWORTH J TODD PO BOX 25318 ST CROIX, VI 00824 PO BOX 308 LA JOLLA, CA 92038-0308 TUCKER RC DR COLOROW - ATTN: 6420 STAUDER CIR EDINA, MN 55436 OMCBAIN ANGUS & LUCY 227 MUIRFIELD RD LOS ANGELES, CA 90004 ASPEN SKIING COMPANY PO BOX 1248 ASPEN, CO 81612 111111 I_V r_VU(- JUL UJ•Jl IIII I fill IIV. I . UG PUBLIC NOTICE RE, COLORADO RIFF RAFT TEMPORARY USE PERMIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, April 22, 2002 at a meeting to begin at 5:00 p.m, before the Aspen City Council, City Council Chambers, City Hail, 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 corner of Juan and Aspen Strects as a staging area for river rafting operations. The property is located at Lots 7-12, Block 11, Fames Addition. For further information, contact James Lindt at the Aspen/Pitkin Community Development Deparbnent, 130 S. Galena St., Aspen, CO (970) 920-5095, jamesl(a-ci.aspen.co.us- Glen Kalin Klandcrud, Mayor Aspen City Council Published in the Aspen Times on March 30, 2002 City of Aspen Account MAR-26-2002 TUE 01:04 PM RL FOR U5H rrtn Mu I • U« uQ 0 C7 tJar..lr 7t,, 2002 Limit f_'+stiultitl;ity ()i:�2 tCi})iiti tlt DQf);,rl+7:1.ttt City }.3(1�il►.Ili (.ittlttl:t Slre�:t l-t il, t..','FicI-wlo 1;16t1 ic4 ; fr-f tlis-;, 0:1_'l �r.A�.p1�- i �r Cort.iiii��u;tl Usc Permit Mr. 1.1ndt- As(s n Fitt4lt:ri>:.:; fltt"I"1600-11 i'loldin i, Ltd. (• M-All") is the ciirrellt owlti'r of tlrtt rr t f ;hr 111't)`+c:i1y &iChbCd a.5 Lots 7 thnMllh 12, f3lock 11, Lilhics Additiots to t1le City :mil 1`�)1*rsiv:itC of ?1sl,ctt (rh; P:.u-king Lot Parcel-). consi(icr this let, 01• as �tttl�c�(il;tlic+n fi'rm ",AT-jIp ibr hir. i'ct::,- kirks of Colorado Miff ltnft, luc. to app tly for � it7{)(i,,tiry 1t;.t of tf;:: l+ali�,c l'srkin;► t.ot ]"r(M for the Ptt1})p;e of stanin1; his river rafting trills ittifIll`! t11r 20()2 t;l111ilili'r E-m.1n, 711ls :111t11ot7vatlon 1s subjcct to the n1>i)rllVirl of tltt AspentiS;i+it ; C.'rvrtl�any, rv]liCkl cl"";ntly 1"S, s the 1.ZF1rl�oy Parking Lot Parcel from AFIff, 1`tc:lsc. lt,� 11�,11, r,it;sJc to ron;rtat 1T1C if y'ot1 have any questions or rgUirC any additiotlal Ittll�rfil;tti! tl n�gnrdirlc=, th[S rii.ikr. ''i'a?�;,k Aycmbi Vil•��,.I't;: psi<l�.ttt A�:41 rt l;tlt; 4l�ris. s t1+t�:t nrlitartwl 1[ois}i,lrys, Lid, 0 l 0) 81? 1-595+9 cc: Mr. i'a'.tCi Itbck� MEMORANDUM TO: Plans were routed to those departments checked -off below: X ........... City Engineer 0 ........... Zoning Officer 0........... Housing Director X........... Parks Department X ........... Aspen Fire Marshal X........... City Water X ........... Aspen Consolidated Sanitation District 0.......... Building Department X ........... Environmental Health 0 ........... Electric Department 0 ........... Holy Cross Electric 0 ........... City Attorney X ........... Streets Department 0 ........... Historic Preservation Officer 0 ........... Pitkin County Planning 0 ........... County & City Disaster Coordinator X ......... Parking Department FROM: James Lindt, Planner Community Development Department 130 S. Galena St.; Aspen, CO 81611 Phone-920.5095. Fax-920.5439 , RE: Colorado Riff Raft Temporary Use to use Ski Co. Parking Lot an the Emmgr on the Southwest Corner of Juan and Aspen Streets for Vehicle and Raft Storage DATE: 3/22/02 DATE OF DRC MEETING: 3/27/02 REFERRAL SCHEDULE APPLICATION SENT OUT TO REFERRAL AGENCIES* 3/22/02 WRITTEN REFERRALS DUE 4/4/02 Thank you, Mar-21-02 17:34 Pe 6 D_ Hicks `= Colorado Riff Raft q F- PO. Box 049 • Ashcn, Colorado 81612 Peter D. Hicks hresident Aspen Planning and Zoning 130 S. Galena Strect Aspen, CO 81611 ATTN: James Undt FAX 920-5439 21 March 2002 Dcar james, 97.920-3316 P.01 :,,hen 97U.925.5+�); Snowmass Village 970 923.2220 N ationwidc 80079. i9.39 Fax 970 92(r. ii 16 c-mail ritTralir5r<�f.nc( n•rh-site �s��«•.riliratt.cum 1 iere is the information that you requested concerning our operations and use of the land at Aspen and Juan streets: • Colorado Riff Raft has been in operation and locally owned since 1979. The founder, L1 Ersparner (still an Aspen resident), sold the company in 1997 to Peter I Iicks who is the current owner. ■ The company specializes in whitewater rafting trips on the Roaring fork, Colorado and Arkansas rivers. Our main office is in the North of Nell building at 555 E. Durant with a small satellite sales booth in Snowmass Village. a Riff Raft employs approximately 40 people all of whom live in the Aspen /Snowmass area. Many of the employees are also Aspen SkiCo employees in the winter season. • We currently own 5 buses, 3 mini buses and 8 vans along with 24 boats and all of the necessary paddles, frames, etc. ■ For the past 10 years we have used the lot at Aspen and Juan Streets as our parking/ sta} ing area. Basically, it's the area where we park all of our vehicles and prepare trips to go our. The vast majority of our trips are either morning half day trips or full day trips. 17herefore, once the vehicles leave in the morning, anywhere from 8:15 - 9:00, they are usually gone for the day. There is very little traffic, movement or activity during the days. At the end of the day when the trips return, vehicles and g=,.aie'washed off (we have an arrangement with one of the neighbors to use their water)'And stored for the night. We never have any customers on the IoL ■ We supply the lot with our o n Jumpster and Poga Pottie. We also have an arrangement with one of the neighbors to use an electrical outlet which is used primarily to run an electric pump for the boats. 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. 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 (see attached diagram) and most 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 A Oivi.,i<m of A..ln•n Otildour Advk•nlnn•s. Inc. NO] ii 0 ti o c:- r 7� �<4 F4 a- £O'd ,J 9i££ OZpOL6, -1—ikti s�1-D L H ' O 0-4ad S£ = L i ZO- i Z --AEW Brian Flynn, 1 1:04 AM 3/26/02 -0600, DRC review for Ritt' Ratt • Page 1 of 1 X-Sender: brianf commons X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58 Date: Tue, 26 Mar 2002 11:04:55 -0600 ? To: John Niewoehner <johnn@ci.aspen.co.us> v �. From: Brian Flynn <brianf@ci.aspen.co.us> Subject: DRC review for Riff Raft John, Our concerns are based around parking and trash. We would like to remind that the applicant does not park off of the pave portion of the lot. Additionally al trash generated in the vehicles should be removed from the lot and absolutely no trash cans on site. (unless Env Health has a different view on trash) I think I am going to miss this one as well. Printed for John Niewoehner <johnn@ci.aspen.co.us> 3/27/02 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADD : .S vV 6:wwe �1.4c_ 4 ADDRESS •F PROPERTY: i Aspen, CO SCHEDULED PUBLIC HEARING DATE: 200 STATE OF COLORADO ) ss. County of Pitkin ) I,--QJM_ ' S 1--f r¢C-y f (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide, and twenty-six (26) inches high, and which was composed of letters not. less than one inch in height. Said notice was posted at least ten (10) days prior to the public hearing and was continuously visible from the _ day of , 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least ten (10) days prior to the public hearing, notice was hand delivered or mailed by first class, postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application, and, at least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) • • Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other si►fficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. nature The foregoing "Affidavit of Notice" w ac owledged bef e me thi day of cs-c� , 200,by���� PUBLIC NOTICE RE: COLORADO RIFF RAFT TEMPORARY USE PERMIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, April 22, 2002 at a meet- ing to begin at 5:00 p.mbrfore the Aspen City Council. City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application sub- mitted by Peter Hicks. Colorado Riff Raft. Inc., re- questing approval for a temporary use permit from May 1 to September 31 to use the parking lot on the corner of Juan and Aspen Streets as a staging area for rivbr rafting operations. The property is located at Lots 7-12, Block 11, Fames Addition. For further information, contact James Lindt at the Aspen/ Pitkin Community Development De- partment, 130 S. Galena St., Aspen, CO (970) 920- 5095. jamesl®ci.aspen.c0.u3. s/Helen Kalin Klanderud, Mayor Aspen City Council Published in The Aspen Times on March 30, 2002. WITNESS MY HAND AND OFFICIAL SEAL My commission expires:��3��� Notary Public ATTACHMENTS: COPY OF THE PUBLICATION ;kY p(/B , SARAH N i OATES .O CO PHOTOGRAPH OF THE POSTED NOTICE (SIGN LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED B Y AL41L OVA :. TI oiler. r'�'� `. :,'r . �,. rim. �-: • %- `- _.. .. :. it �_ .. �•: i ih, � J i i RESOLUTION NO. 33 (Series of 2002) A RESOLUTION OF THE ASPEN CITY COUNCIL, 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 Parcel ID: 2 735-131-14-003 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 1, 2002, to September 30, 2002; and, WHEREAS, the Community Development Department has 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, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. Resolution No. _, Series of Page 2 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: 1. The duration of this temporary use permit shall be from May 1, 2002, to September 30, 2002. 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. An automatically locking bear proof trashcan shall be placed on -site and be utilized by the raft guides to eliminate waste and trash on -site. The Applicant shall have the Parks Department inspect the bear proof trashcan prior to commencing raft trips. 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 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 alleviate parking problems on neighboring streets by ensuring that employees of Riff Raft are provided access to legal parking while working. 10. There shall be no parking/staging/shipping by Riff Raft on Mill Street (West Side) nor on Juan Street. 11. The Applicant shall only use biodegradable soap when cleaning vehicles and may not let the water drain off the property. f4Resolution No. _, Series of Page 3 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. Section 2: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 3: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. FINALLY, ADOPTED, PASSED, AND APPROVED by a five to zero (5-0) vote, on April 22, 2002, at a public hearing before City Council. APPROVED AS TO FORM: City Attorney ATTEST: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor