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HomeMy WebLinkAboutcoa.lu.tu.Golf Course Sleigh.A10003 ~ CASE NUMBER PARCEL ill # 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 ci \- '? A100-02 273511109001 Golf Course Sleigh Rides Temporary Use Permit Lot 1 Golf Course Subdivision Sarah Oates Temporary Use Permit City of Aspen Parks & Recreation Dept. Parks Dept 12/16/02 APPROVED 3/04/03 D Driscoll n ~VI't e. MEMORANDUM TO: Mayor and City Council THRU: Julie Ann Woods, Commnnity Development Director FROM: Sarah Oates, Zoning Officer-s<:s DATE: December 16, 2002 RE: Temporary Use Permit for Sleigh Rides on the City of Aspen Golf Course SUMMARY: Steve Aitken, representing the Parks and Recreation Department, and Chuck Baker, sleigh ride operator, are requesting a Temporary Use Permit to allow a commercial sleigh ride operation on the City of Aspen Golf course from December 17, 2002 to March 31, 2003. The applicant has received a preliminary approval from City Council. The applicant is working with the Trails Coordinator to make sure the Nordic trails will not be negatively impacted by the operation. Staff recommends approval of the sleigh ride operation with conditions. ApPLICANT: Steve Aitken, Director of Golf and Chuck Baker, Sleigh Ride Operator. LOCATION: 39551 Highway 82, Lot I, Golf Course Subdivision ZONING: Park Planned Unit Development (P PUD) and Park Golf Course Support Planned Unit Development (P GCS PUO) CODE CRITERIA FOR TEMPORARY USE: Section 26.450.050 allows City Council to grant a temporary use of up to one hundred eighty (180) days. As provided for in that subsection, all proposed extensions of a temporary use shall be evaluated under the same criteria as set forth in Sections 26.450.030 and 26.450.040. CODE CRITERIA: The following criteria must be considered for the review of the sleigh ride operation: A, The location, size, design, operating characteristics, and visual impacts ofthe proposed use. Staff Finding: The sleigh ride operation will originate from the first tee on the Aspen Municipal Golf Course, to the northwest of the pro shop. The sleigh rides will operate daily from 4pm to 9pm. r"'\ " B. The compatibility of the proposed temporary use with the character, deusity and use structures and uses in the immediate vicinity. Staff Finding: The sleigh ride operation is not expected to create any character or density problems for the area. C. The impacts of the proposed use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels, and neighborhood character. Staff Finding: The sleigh ride operation will not impact traffic patterns as it is being run on the golf course, there shall not be any increase in noise levels and the City of Aspen is supporting this application and operation. Parking at the golf course is ample for the sleigh ride operation and Nordic trails operation. Staff Finding: The applicant is requesting approval by the City Council for the duration of the winter. The Temporary Use Permit must be done to satisfy noticing requirements. D, The duration ofthe 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 Park (P) zone district allows (or recreational uses. E. The purposes and intent of the zone district in which the temporary use is proposed. Staff Finding: There are no changes in the surrounding land uses that would prohibit this operation. 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. G. How the proposed temporary use will enhance or diminish the general public health, safety, or welfare. Staff Finding: The temporary use will not impact the public health, safety or welfare. 2 ~ . :; RECOMMENDATION: Staff is recommending approval ofa commercial sleigh ride operation on the City of Aspen Golf Couse with the following conditions: I. The temporary use is valid from December 17, 2002 to March 31, 2003. 2. The applicant shall seek and receive any necessary approvals for signs relating to the operation from the City Zoning Officer. 3. All material representations made in the application and in the hearing by the applicant and the applicant's representative shall be considered conditions of approval, unless amended by other conditions. RECOMMENDED MOTION: "1 move to approve the request for a temporary use permit for the purpose of operating a commercial sleigh ride operation at the City of Aspen Golf Course from December 17, 2002 to March 31, 2003 with conditions as noted in Resolution No. 02-~' Attachments: Exhibit A-Resolution 3 rg ~ ; '~,,',/ ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESSOFPROPERTY: Sl~~~ R J~ j;2-\A-\poovq~lco{k~ SCHEDULED PUBLICHEAR:lJ\fGDATE:j 7 /1 ~/ 8? _ .200_ STATE OF COLORADO ) ) 55. County of Pitkin ) 1, a:J ilL- . .. . (name,pleaseprint) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that 1have complied with tile 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. X- 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 ofletters not less than one inch in height. Said notice was posted at least fifteen (15) 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. - YMailing of notice. By the mailing of a notice obtained from the Community 7l Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. 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) ('l A 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 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. (;t/~ Signature The foregoing "Affidavit of Notice" was acknowledged before me this _ day of ,200 ,by WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOl'OGRAPH OF' THE POSl'ED NOTICE (SIGN) LIST OF THE OWNERsANIl GOVERNM:ENTAL XG:ENCrnSNOllcED BY MAIL r--, f'"', ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE I j)f ~ l ADDRESS OF PROPERTY: Lei- I; b-oJP Cxtv^S;e- ~ ~e~~OVJ SCHEDULED PUBGC HEARING DATE: 1/ 2/1 ~/oC':.-. .200_ STATE OF COLORADO ) ) 55. County of Pitkin ) 1, ~Or lAA...e? ( ~ 1\ ;/1 ;1f/-- (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that 1 have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Y- 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 heretJ. ) ~ Posting of notice: By posting of notice, which form was obtained from the Community D'eyelopment Department, which was made of suitable, waterproofmat~rials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed ofletters not less thaI} one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ da~ of ,200_, to and including the date and time of the pbblic 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 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 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. ~~~d.40.;q;;d!f ature ..d. The foregoing "Affidavit of Notice" was aclqlowledged bef~ me tN~,::J -day of r55:<L.-> , 200~ by 0~5>,,~ PljBUCNOTIci RE:'mT l;'ASPEN~. OLF COURS;E"SUBJ)lYIS!9:N. TEMPORARY USE ~ VEST NOTICE ISI-lEl~EB:Y IVEN thatapubllc heai'lng wUlbe, ~eld on~o. ay, December 16, 2002, at a """og"o begin i 5,00 p.m. belo" Ih, ",p,n' ~ City Council, Council Ch_am~ers, 130S:9~I~P5~.. Street toco,nslder all application subrp.lt~ed by the city of Aspen Parks and R~~~tl,?n'-D'epart- ment, requesting 'approval 01 a ,temporary use to allow the commercial _?peratlon of sleigh rides from Decerrtber I.. 200t ~o JAarch31, 2oo~ ?Il, ~h~ City of Aspen Golf c:'0i1rie.~e""'fW6'p"'€rtY_1s -~e---" scribed as Lot 1, 01 the Aspen Golf Course Subdi- Vision. For further InforIl)at!()n,conf~~t~ S~r<\,h9a~es Ilt the City of Aspen commur' ty Developmel)t De:- p". I.m.'. "."130 .5 .....fia.].~nA'.St.' '" ".'C.0...(.'..7..0). 9..'0-... 5441, saraho@d.asP'en.co'.u. .. . _. - ,A,C_ :'" slHelen K lIn Klanderud, Mayor Aspen City Councll Published in The Aspen T es on November "30, 2002~(9754) . . . ... ": '" . WITNESS MY HAND AND OFFICIAL SEAL ~ -=:::.-- Notary Public ATTACHMENTS: -'."'''---'' IPY OF THE PUBLICATION --~"'_.~, PHOTOGRAPH OF l'HE POSl'ED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NQTICED BY MAIL 12/07/2002 07:17 9708783415 COLORADO FARM BUREAU PAGE SO'" oy: FBL B,)I(ERAGE ("') , "52266156; 12/0tl/02~"PM;~L~301;P.g. 4/4 lCtlRl}N CERTIFICATE OF LIABiliTY INSURANCE-"'I~~~w~ TMIS CllmrteAft IS lfiiiiO"Ai .iM'""" O. 'N''';'lIAtlOOl o....V AND CONI'I"" NO _,T$ _ 1111 ,.lill'"I~'~ H~PJ!R-'.'!'III QIIITIFICATI DC,;. NOT A'III'N'..... i'lIT""'O OIl "Ln;. THe . 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""-ntIMO"_ 1tIf IUU'NG ilIll..,......... ~..'fO"" ~ ItA'" tI'MrTtIN .tICI .,."', CunJl~.ft'...OP foI6IIlMl to "'I .'P'. .lH'ALuItli '0 00 eo6IW.L .;:0.. a.l.UA~'lOIf Qfl: "'...f......'" .~ ,.,.., "lItO ,IN" ""lllifl~AIIlft. m1AGI"Tt oa JND 2'..s .118" _TlOII ,... 1l'T"""7, MEMORANDUM TO: Julie Ann Woods, Community Development Director FROM: Sarah Oates, Zoning Officer RE: City of Aspen Golf Course-Temporary Use for Sleigh Rides DATE: December 2, 2002 Steve Aitken, representing the Parks and Recreation Department, and Chuck Baker, sleigh ride operator, are requesting a Temporary Use Permit to allow a commercial sleigh ride operation on the City of Aspen Golf course from December 3 to December 9, 2002 and a seven (7) day extension from December 10 to 16, 2002 while the sleigh ride operator and Parks and Recreation Department seeks a Temporary Use Permit from City Council, scheduled on December 16, 2002. The applicant is intending on operating a commercial sleigh ride operation on the City of Aspen Golf Course and has received a preliminary approval from City Council. The applicant is working with the Trails Coordinator to make sure the Nordic trails will not be negatively impacted by the operation. The Community Development Director may approve Temporary Use Permits not exceeding seven (7) days. The Director may extend the temporary use for an additional seven (7) days if requested by the applicant in writing. Staff recommends the Director approve the Temporary Use of a commercial sleigh ride operation on the City of Aspen Golf Course: 1. The tent shall be in place and in use for no longer than seven (7) days starting December 3, 2002 and ending December 9, 2002. The applicant shall submit a request in writing to extend the Temporary Use Permit on or before December 7, 2002, three days prior to when the initial seven (7) days expire. The seven (7) day extension will allow the applicant to operate sleigh rides until December 16, 2002. 2. The applicant shall obtain all necessary approvals from City Council to operate the temporary use through March 2003. 3. The applicant shall seek and receive any necessary approvals for signs relating to the operation from the City Zoning Officer. I r"\ ~,.! !', . ..' ~ ApPROVAL: 1 hereby approve this Temporary Use for sleigh ride operation at the City of ~:~xr golf course, with the 3 conditions listed above. 'l,"'-\..J 0'''' v ""Pc' ~'? \' t'i)'i)t ~~ 'l, /.\Q0 ""'" \> , c,f,'C-IJ ''''-'r;;,.tA\V (11' ^:t.,'C-~' ,dX.y. '~IJ'A{;\ \J \\'\ <f,l'eliuck Baker, sleigh ride operator, understand and agree to the conditions of the ~p,*,'" <:;. ,~ temporary use approval. Date /~/.7-/c:;;- J . Ann Woods, Community Development Director Date Chuck Baker ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings 2 J!) () Ii Exhibit A 26.96.030 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 FindinQ: The sleigh ride operation will originate from the first tee on the Aspen Municipal Golf Course, to the northwest of the pro shop. The sleigh rides will operate daily. B. The compatibility of the proposed temporary use with the character, density and use structures and uses in the immediate vicinity. Staff FindinQ: The sleigh ride operation is not expected to create any character or density problems for the area. C. The impacts of the proposed use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels, and neighborhood character. Staff FindinQ: The sleigh ride operation will not impact traffic patterns as it is being run on the golf course, there shall not be any increase in noise levels and the City of Aspen is supporting this application and operation. Parking at the golf course is ample for the sleigh ride operation and Nordic trails operation. D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. Staff FindinQ: The applicant is requesting a Staff level approval for a seven-day temporary use and a seven-day extension prior to approval by the City Council for the duration of the winter. The Temporary Use Permit must be done in the manner to satisfy noticing requirements, E. The purposes and intent of the zone district in which the temporary use is proposed. Staff FindinQ: The Park (P) zone district allows for recreational uses. 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 FindinQ: There are no changes in the surrounding land uses that would prohibit this operation. 1"'" f'l! ..J f....'.,/ G. How the proposed temporary use will enhance or diminish the general public health, safety, or welfare. Staff FindinQ: The temporary use will not impact the public health, safety or welfare. ~ o~ V 2ZY::J' - Wxr -(j" ~::s l~51