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HomeMy WebLinkAboutcoa.lu.tu.Golf Course Sleigh.A10003Golf course sleigh rides - A100-02 273511109001 temporary use #.IA/grp -412e�3 U 0 0 CASE NUMBER A100-02 PARCEL ID # 273511109001 CASE NAME Golf Course Sleigh Rides Temporary Use Permit PROJECT ADDRESS Lot 1 Golf Course Subdivision PLANNER Sarah Oates CASE TYPE Temporary Use Permit OWNER/APPLICANT City of Aspen Parks & Recreation Dept. REPRESENTATIVE Parks Dept DATE OF FINAL ACTION 12/16/02 CITY COUNCIL ACTION APPROVED PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED 3/04/03 BY D Driscoll • *Vitt MEMORANDUM TO: Mayor and City Council THRU: Julie Ann Woods, Community Development Director FROM: Sarah Oates, Zoning Officer" 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 1, Golf Course Subdivision ZONING: Park Planned Unit Development (P PUD) and Park Golf Course Support Planned Unit Development (P GCS PUD) CODE CRITERIA FOR TEMPORARY USE: Section 26.450.050 allows City Council to grant a temporary use of up to one hundred eighty (180) days. As provided for in that subsection, all proposed extensions of a temporary use shall be evaluated under the same criteria as set forth in Sections 26.450.030 and 26.450.040. CODE CRITERIA: The following criteria must be considered for the review of the sleigh ride operation: A. The location, size, design, operating characteristics, and visual impacts of the 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. • B. The compatibility of the proposed temporary use with the character, density 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. D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. Staff Finding: The applicant is requesting approval by the City Council for the duration of the winter. The Temporary Use Permit must be done to satisfy noticing requirements. E. The purposes and intent of the zone district in which the temporary use is proposed. Staff Finding: 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 Finding: There are no changes in the surrounding land uses that would prohibit this operation. G. How the proposed temporary use will enhance or diminish the general public health, safety, or welfare. Staff Finding: The temporary use will not impact the public health, safety or welfare. 0 RECOMMENDATION: Staff is recommending approval of a commercial sleigh ride operation on the City of Aspen Golf Couse with the following conditions: 1. 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: " I 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. 02-1q' Attachments: Exhibit A —Resolution ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE -5-oVA �2V ADDRESS OF PROPERTY. ` � � ( ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: 200 STATE OF COLORADO ) ) SS. County of Pitkin ) I, / 46; �,«/� _%� (name, please print) being'orr representing g 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 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. _)r' 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. L. 4uGZ�l 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 PHOTOGRAPH OF THE POSTED NOTICE (SIGN LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: �� C�C� ?' l ✓l�� Aspen, CO SCHEDULED PUBLIC HEARING DATE: 200 STATE OF COLORADO ) ) SS. County of Pitkin ) (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 (1.5) 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 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 pr-blic 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. fi�a�ture The foregoing "Affidavit of Notice" was acknowledged bef re me _ day of �- , 200� by �� PUBLIC NOTICE RE: LOT 1, ASPEN k;W COURSE SUBDIVISION TEMPORARY USE REQUEST NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, December 16, 2002, at a meeting to begin at 5:00 p.m. before the Aspen City il na Street to consider considercan applicatione submitted the City of Aspen Parks and Recreation Depart- ment requesting approval of a temporary use to allow the commercial operation of sleigh rides from December 1, 2002 to March 31, 2003 on the de - City of Aspen Golf Course. The property is scribed as Lot 1, of the Aspen Golf Course Subdi- vision. For further Information, contact Sarah Oates at the City of Aspen Commuiity Development De- partment 130 S. Galena St., Aspen, CO (970) 920- 5441, saraho®cl.aspen.co.us. s/Helen Kalin Klanderud, Mayor Aspen City Council Published in The Aspen Times on November 30, 2002.(9754) WITNESS MY HAND AND OFFICIAL SEAL My commission expires: I,,/ - Notary Public ATTACHMENTS: COPY OF THE PUBLICATION S� 0 : RgH O'A 7 .� COL4`, PHOTOGRAPH OF THE POSTED NOTICE (SIGN LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • PLACE PURPOSE . *� .., ,� 12/07/2002 07:17 9708783415 COLORADO FARM BUREAU PAGE 02 Se It py: FBL 85 )KERAOE `..152208� 58 12/0u�M; jWj4i030i ;Page ail 10M.- CERTIFICATE OF LIABILITY INSURANCE � "o5/z"5,70,7 "" 1s ooz 'Vol" T111s cent ICATE Is ItItUED At A I"TTFR OP NROrMATION IL Tnauronce Broker& •e, Inc. ONLY AND COMP/Rs NO RI41.TS Iron 111I 6RI g1L,AIE O University Avenut HOTbERI. TMIS CERTIFICA7E DC.s NOT AWW , eXTIh(l OR FFORt s !.st, Des Moines, SA 1•02E6 5- 2 2 5- 5 7 9 9 IN"00 AIP FOPOINu COvea.AO or CHEROKEE OUT ITiERS faAA COLORADO WE9TERh IhSURAN'I CO. 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T11E IHu,rO ww,ftr WALL OICeAN■-111 TO A" - � IIAVt IIRIITTtN Noun .e TWt CSF"ICATt 400v rAsW +0 JUN .tn. euT FALURt TO 00 a rrALt AIOW NO orMIlA11DN 01l LYI,,LIIV 0 AN`I rlr0 .FON 111t MIti/MA, Rt A&APTO OR JRD 26-I I71G7) C s ACORO g6RPO9AT *N It" • 0 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: 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. • • APPROVAL: I hereby approve this Temporary Use for sleigh ride operation at the City of Aspen golf course, with the 3 conditions listed above. �¢ Date !L , . P` J6VAnn Woods, Community Development Director ��`�N\� ��� dr,huck Baker, sleigh ride operator, understand and agree to the conditions of the temporary use approval. Chuck Baker ATTACHMENTS: Date Exhibit A -- Review Criteria and Staff Findings 2 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 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. B. The compatibility of the proposed temporary use with the character, density 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. D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. Staff Finding: The applicant is requesting 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 Finding: 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 Finding: There are no changes in the surrounding land uses that would prohibit this operation. • G. How the proposed temporary use will enhance or diminish the general public health, safety, or welfare. Staff Finding: The temporary use will not impact the public health, safety or welfare. • w� � t� +� � ,,°;�� � � �■ .�•►w a ►,� ¢,�' ! 4 !:_� _ .. � �- ��, l•..Jl l.l� ���: �l , PARCEL ID: P77TT7771 DATE RCVD: 12/02/02 # COPIES:,1 CASE NO A100-02 CASE NAME: Golf Course Sleigh Rides Temporary Use Permit PLNR: Sarah Oates PROJ ADDR: ILot 1 Golf Course Subdivision CASE TYP: Temporary Use Permit STEPS:: OWN/APP: I City of Aspen Parks ADR 585 Cemetery Ln C/S/Z: lAspen CO 81611 PHN: 970-920-5120 REP: Parks Dept ADR: 1585 Cemetery Ln CIS/ZlAspen CO 81611PHN: 970-920-5120 FEES DUE: FEES RCVD: STAT: f REFERRALS REF: �� BY DUE: MTG DATE REV BODY PH NOTICED DATE OF FINAL ACTION REMARKS1 CITY COUNCIL: A PZ: lj-'" BOA:: CLOSED: BY: DRAC:: PLAT SUBMITD: PLAT (BK,PG): ADMIN: