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HomeMy WebLinkAboutresolution.council.039-03 RESOLUTION NO. 39 (Series of 2003) A RESOLUTION OF THE ASPEN CITY COUNCIL, GRANTING A TEMPORARY USE PERMIT TO COLORADO ~iFF ~FT FOR RAFT AND VEHICLE STOOGE AT LOTS 7212, BLOCK 1 i, EAMES ADDITION, CITY AND TOWNSITE OF ASJPEN Parcel ID: 2735-131-14-003 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 M[ay 1, 2003, to September 30, 2003; 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, WltEREAS, 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 comm~nt at a public heating; and, WltEREAS, 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 Q>mmunity 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. 39, Series of 2003 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 Ninnicipal Code, the City Cotmcil 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 iMay 1, 2003, to September 30, 2003. 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 no~se levels in excess of those permitted as set forth in the "Maximum Noise Level By Zone District" table in Chapter 18 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 Applicam shall alleviate parking problems on neighboring streets by ensuring that employees of Riff Raft are provided access to legal parking while working. l 0. There shall be no parking/staging/shipping by Riff Raft on Mill Street (West Side) nor on Juan Street. l 1 The Applicant shall only use biodegradable soap when cleaning vehicles and may not let the water drain off the property. Resolution No. __, Series of 2003 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 on April 28, 2003, at a public hearing before City Council. APPROVED AS TO FORM: ~t~At~or~ey He en Kalin K~yor ATTEST: r~athryn S'. !C~cl City Clerk -