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HomeMy WebLinkAboutcoa.lu.cu.County Corral.197971 (ef(4 v 4,,t> a, �&- Cwt X11 V(A� , Od- e4 6 . MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Carla Schuck, Planning Office RE: County Corral - Public Hearing DATE: October 19, 1979 On August 7, 1979, this Commission granted conditional use approval for additional equestrian uses at the County Corral, subject to six conditions. Condition #4 stated, The approval be conditioned on a hearing being held sometime in October of this year to review the extent of compliance with the stated conditions and with neighborhood impacts." As of this date, the Planning Office and the County have not received any complaints or comments with regard to the County Corral. �. -4- Regular Meeting Aspen Planning and Zoning Commission August 7, 1979 dedication fee and exempt it from further park dedication fees. Hunt said if the duplex lot were platted, they could require a trail easement on the new developed pro - perty and forget the remainder of the property until it was developed. Sachs preferred the P &Z approve the plat without the easement; they would then present the plat to Council with the offer to purchase the land. If Council agrees, there would be a plat for the 9,000 square foot duplex and an easement of necessary width.' The City could then plan the easement on their land. Hedstrom opened the public hearing. There were no comments. Hedstrom closed the public hearing. Klar asked if there is a priority list for land acquisi- tion. Stcck said there is an open space priority list . that hasn't considered this property. Hunt suggested they not consider the easement at this point but specify that should there be any intersection of the subdivision going to the river, they should then address the easement. Vrchota noted this is an important link in the trail from the Aspen Club to Highway 82. Hunt moved to recommend Preliminary Plat approval of the Hildur Anderson'Subdivision with the following conditions: 1) approval of the final plat by the City Engineer, 2) park dedication fee on the smaller lot be paid, 3) park dedication fee on the larger lot will be waived but a note will be written at the time of issuance of the building permit such that the fee will be considered in the event of the sale to the City or collected by a specified date if the sale does not occur; the fee will be calculated on increased density from a single family to duplex units, 4) the historical society determines. historical significance of the old dwelling prior to any proposed demolition, 5) occupancy of the existing dwelling by the present resident be allowed up to 60 days after certificate of occupancy is issued for the new dwelling 6) dedication of a usable trail easement recognizing the possible sale to the City and ensuing possibility of waiving this requirement, Anderson seconded. All in favor, motion approved. County Corral, Smith introduced the application. This is an public Conditional Use hearing to consider a conditional use application for additional equestrian uses at the County Corral. In 1975, the P &Z approved a use determination to allow equestrian uses in this location. This application comes from the County to ask for an expansion of this conditional use. The Colorado Taxi Company wishes to use two of the.,:. stalls for their.horses and the grounds for no more than.. two surreys at one time. She noted this is a public zone and they are recommending this use on the basis that the taxi company is a public use. , Hedstrom opened the public hearing. There were no com ments. Hedstrom closed the public hearing. Pardee asked how much use the stables get now. County Manager George Ochs said they do not get much use. The applicant has been using'the facility on and off. Klar asked about some letters written to the editor after the conditional use was granted in 1975. Ochs said there was an application for a sleigh team to use this facility. The applicant did not live up to the agreements, there were many complaints and the applicant was not allowed to continue the use. Smith recalled that many of the com- plaints were regarding the treatment of the animals as opposed to the conditions in the neighborhood. -5- BRADFOR PUB CO., DENVER RECORD O F P R O C E E D I N G S Regular Meeting Aspen Planning and Zoning Commission August 7, 1979 Hedstrom felt there were two questions: the use of public property in a public zone by a private company and the desirability of the possible affect on the neighborhood. Pardee felt the third question is the loss of use of a structure that was built with public funds for the public. He suggested letting the taxi company use the stables in the winter when it is necessary to be near town. Ochs noted they are using two of the four stalls, two horses in one stall and one horse and the tack in the other. Hunt asked if the public would be getting some income from the use. Ochs said they would pay $50 /month. Hunt moved to determine the use of the County Stable facili ties by a horse - driven taxi company within the original conditional use provided that: 1) the stalls be cleared daily of manure and at all times properly maintained to avoid obnoxious odor, 2) that no maintainance or repair of the horse - driven vehicles be accomplished on -site, 3) main- tain the grounds in a sanitary, litterfree state, 4) the approval be conditioned on a hearing being held sometime in nr+nhar of f-h;c vaar to review the extent of compliance Pardee moved to approve' the Yarbrough 8040 Greenliine Review subject to the following: 1) the conditions recommended by the.Fire Marshal that a 2" standpipe be installed betwee Yarbrough's property and Galena Street as a supplement to the existing fire hydrant on the property immediately to the South; hose and other necessary fire equipmen to be stored in a cabinet adjacent to the property, 2) a covenant of indemnity be' implemented to absolve the City from any responsibility in the case of fire, 3) a trail easement be reserved along the existing trail alignment the width of which to be determined by the City Engineer, 4) pursuant tc the recommendation of the Aspen Water Department, water hookup is made on the 6" main supplying the Blitz residence 5) that there be an escrow placed in reserve for landscapir specifically for the replacement of dead trees and any vegetation damaged by construction, 6) the building is con- structed of fire resistant materials and built to one -hour standards, 7) the recommendations for construction and in- spection made in the August 6, 1979, letter of Lincoln Devore be a condition of approval, McDonnell seconded. All in favor, motion approved. no more than two horse -- powered vehic s be parked on the property, and 6) the horse- driven taxi company occupy no more than two of the existing stalls, however, are respon- sible for the service of all four stalls, ' Pardee seconded. All in favor, motion approved. Yarbrough Smith noted the P &Z attended a site inspection of the 8040 Greenline property. She added to her list of conditions that the Review applicant comply with the construction techniques and inspection requirements suggested in the letter of Bob Bash from Lincoln Devore Lab dated August 6, 1979. She also added the trail easement and an escrow for landscaping to the list of conditions. Filar asked if the adjacent propert owners were aware of the fire access problem. Sm.•.th noted some of the adjacent properties were put through the same review. There is no notice requirement for this type of application. The Fire Marshal has suggested several modi- fications that will make firefighting easier which the applicant has agreed to comply with. McDonnell asked who would check to be sure these requirements, such as the fire cabinet with firefighting equipment, would be maintained after the approval. Smith said the Fire Marshal makes the inspections. Pardee asked about the liability on the ease- ment. Stock said the liability on the improved trail would lie with the City. Pardee moved to approve' the Yarbrough 8040 Greenliine Review subject to the following: 1) the conditions recommended by the.Fire Marshal that a 2" standpipe be installed betwee Yarbrough's property and Galena Street as a supplement to the existing fire hydrant on the property immediately to the South; hose and other necessary fire equipmen to be stored in a cabinet adjacent to the property, 2) a covenant of indemnity be' implemented to absolve the City from any responsibility in the case of fire, 3) a trail easement be reserved along the existing trail alignment the width of which to be determined by the City Engineer, 4) pursuant tc the recommendation of the Aspen Water Department, water hookup is made on the 6" main supplying the Blitz residence 5) that there be an escrow placed in reserve for landscapir specifically for the replacement of dead trees and any vegetation damaged by construction, 6) the building is con- structed of fire resistant materials and built to one -hour standards, 7) the recommendations for construction and in- spection made in the August 6, 1979, letter of Lincoln Devore be a condition of approval, McDonnell seconded. All in favor, motion approved. F�! P I T K C 0 U N T Y 506 E. MAIN STREET ASPEN, COLORADO 81611 July 3, 1979 Ms. Karen B. Smith Aspen /Pitkin County Planning Director 130 S. Galena St. Aspen, CO 81611 re: Conditional Use of County Horse Stables Dear Karen, I am requesting that you forward this letter and en- closure on to the City of Aspen Planning and Zoning Com- mission, for their consideration. The use proposed is that of a horse -drawn taxi /tour service, which has been operating here in Aspen for the past several years. The current owner of the business, Mr. Terry Harpe, proposes to move from the Koch Lumber property to the County Stables. Mr. Harpe would utilize two of the stalls, where he would quarter three horses. The other # stall would be used to store his gear and feed for the animals. Also, Mr. Harpe has two taxis which would be stored within the fenced -in pasture area. The County would prohibit storage of any unusable equipment, or other items unrelated to the business. A draft agreement has been confirmed by the Board of County Commissioners and a copy is enclosed. This agree- ment fully outlines a plan to maintain the grounds in a sanitary and litter -free fashion, with immediate remedies built in to insure compliance. The pertinent articles are 5 -7, which requires, amongst other things, daily removal of horse manure from the site; and article 13, which provides for a 72 -hour termination in the event of contract violation. The horse -drawn taxi /tour service provides an inter- esting amenity to Aspen, and is a very low profit business. Given the high cost of everything in the greater Aspen area, it is difficult at very least for the operator of this bus- iness to find adequate quarters. The County Stables loca- tion is very accessible to the downtown mall and commercial core, yet exists at the urban edge, adjacent to a park, parking lot, and currently vacant property held by the County. Located across the alley, south of the stables, is an apart- ment complex, which is the only nearby property that may be incompatible with the stabling of horses on a permanent basis. The stalls to be leased to Mr. Harpe are the northern- most, which will keep the horses as far removed from the apartment building as possible. Furthermore, with daily July 3, 197' Page Two removal of manure and litter, it is anticipated that the operation will have no negative impact. Adjacent land owners within a 300 -foot distance of the stables, are: First National Bank in Aspen 420 E. Main Street Aspen, CO 81611 Attn: Mr. Thomas Stardoj, President (owners of First National Bank bank building and apartment complex) City of Aspen 130 S. Galena Street Aspen, CO 81611 Attn: Mr. Phillip S. Mahoney, City Manager (owners of vacant property situated west of the stables) Mill and Main Building 400 E. Main Street Aspen, CO 81611 Attn: Mr Roy Vroom I presume this letter serves to provide all of the in- formation necessary for the Aspen Planning and Zoning Com- mission's consideration of the commercial use of the County Horse Stables. If additional information is necessary, please give me a call. Since 177y, L Geor L. chs Pitkin County Manager GLO /lf Enclosure MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Karen Smith, Planning Office RE: Conditional Use of County Horse Stables Public Hearing DATE: August 2, 1979 In 1975, the P and Z approved a use determination and conditional use for the construction and use of a County horse stable, equestrian facility on the land zoned Public behind the First National Bank apartment building. The County is now making application for conditional use approval of a change in that use. The change is explained in the attached letter and agreement. In summary, it is proposed that three stalls of the stables be used to house the horses and wagons of the local horse drawn taxi company. In 1975, P and Zs guidance was fairly broad: equestrian uses were approved for these equestrian facilities. The concerns were understandably focused on maintenance of the area and potential for obnoxious odor. Apparently that was never a problem since the follow -up hearing was never held and certainly would have been if there were problems. A new question arises here in addition to the concerns for proper management. That is the issue of private concern using public property in a public zone. In this case, we think an argument can be made that the proposed use is more on the order of a transportation utility and thus may be appropriate in that zone. We would recommend approval with, however, specifically limiting conditions: That the stalls be cleared daily of manure and at all time properly maintained to avoid obnoxious ordor. 2. That no maintenance or repair of the carriages be accomplished on site. 3. Maintain grounds in sanitary and litter free state. 4. That the approval be conditional on a hearing being held this fall to review the extent of compliance with above - stated conditions and with neighborhood impacts. USE AND LEASE P.GREEMENT t7o , THIS AGREEMENT, made this day of by and between TERRY HARPE (herein referred to as "Lessee ") and PITKIN COUNTY, COLORADO (hereinafter "County "), acting by and through its Board.of County Commissioners. W I T N E S S E T H WHEREAS, Pitkin County has a public horse stable behind the courthouse; and WHEREAS, the City of Aspen has no objections to, and no laws prohibiting, horse -drawn taxi and tour service; and WHEREAS, the Lessee hereto desires to provide adequate quartering of horses for his business through use of a portion of L e County's public horse stable; NOW, THEREFORE, it is hereby mutually agreed: 1. Lessee will lease the northernmost full box stall for purposes of storage of grain, hay and tank. This stall may be enclosed for purposes of security, provided that plans shall be approved in advance by the County Manager, and shall be in compliance with any and all local codes, laws and ordinances. The next adjacent one and one -half (lz) box stalls shall be leased for purposes of quartering three (3) horses. 2. The lease fee shall be $50.00 per month paid in advance. In the event that the monthly payment is three days late, the lease will be temporarily suspended until such time that all back payments are received and paid in full. When such tem- porary suspension occurs, Lessee will have no rights to the County public horse stables. 3. The Lessee shall provide a $150.00 deposit to the County for 1979, purposes of damage recovery and non - payment of lease fees. 4. The County will pCide metal mangers in each atall to facil- itate feeding. Lessee will provide water by bucket or other- wise; inasmuch as running water to each stall is not available. 5. Sanitation levels to be maintained by Lessee, and to be checked periodically by the County Environmental Health Department, shall be as follows: a. Proper maintenance of the horse stables by Lessee is es- sential to odor and insect control in the immediate vi- cinity of the Courthouse, adjacent properties, and park. b. Proper disposal of horse manure shall be accomplished by Lessee and shall include daily removal of manure from the property. 6. Horses shall be properly confined or tied so as not to becoL.e loose and become a public hazard. 7. Repair work needed or safety hazards shall be reported imme- diately to the County Manager. 8. Trespassing and molesting of horses. The Lessee, in recognition that the remaining stalls are to be utilized by the public, will hold the County harmless in the event of any trespassing, molestation or other such disturbance of his property or horses. 9. Insurance. Lessee will carry a minimum of $10,000 in liability insurance covering horse - related and other accidents in the stable area above rented, and said insurance will name the County as co- insured. 10. Repair and Maintenance. Lessee will bear the cost of repairing any and all damage to the stables and surrounding County prop- erty caused because of his operation or the presence thereof . and said repairs will be completed within 10 days of identifi- cation by the County of such damage. i., 11. Other than for the purpose of the loading or unloading of horses or feed by or for Lessee, motor vehicles shall not be permitted on the stable premises. The area shall not be used as a parking lot. Two (2) surreys will be permitted to be parked in the pasture area. 12. Lessee shall keep the leased stable area free of litter and junk at all times. 13. This agreement may be terminated by either party with thirty (30) days notice. In the event of violation of any of the terms or conditions contained herein, the County Manager shall issue a written notice of complaint. Should the item(s) of complaint not be remedied within 72 hours after delivery of said complaint, the County Manager can order immediate termination of this agreement. 14. This agreement shall become null and void should Lessee cease to provide a taxi and tour service in the Aspen area. APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS PITKIN COUNTY Sandra M. Stuller, County Attorney APPROVED AND ADOPTED: erry Harpe ATTEST: By Joseph E. Edwards, Jr. Chairman Deputy Clerk NOTICE Re: County Corral NOTICE IS HEREBY GIVEN that a public hearing will be held before the Aspen Planning and Zoning Commission on Tuesday, October 23, 1979, at a meeting to begin at 5:00 P.M. in City Council Chambers, 2nd Floor, City Hall, 130 South Galena, Aspen, to review the operation of the County Corral (horse stables) located behind the Pitkin County Courthouse. Further information may be obtained at the Planning Office, 130 South Galena, Aspen, 925 -2020, ext. 225. /s/ O laf Hedstrom Olaf Hedstrom, Chairman Aspen Planning and Zoning Commission 1 \:y PUBLIC NOTICE , Re: County Corral - Conditional Use NOTICE IS HEREBY GIVEN that a public hearing will be held before the Aspen Planning and Zoning Commission on Tuesday, August 7, 1979, at 6:00 P.M. in City Council Chambers, 2nd Floor, City Hall, 130 South Galena Street, Aspen, to consider a conditional use application for the County Corral (horse stables) located behind the Pitkin County Courthouse. Further information may be obtained at the Planning Office, 130 South Galena, Aspen, 925 -2020, ext. 225. /s/ Olaf Hedstrom laf Hedstrom, Chairman Aspen Planning and Zoning Commission Published in the Aspen Times on July 26, 1979. To be billed under City of Aspen fund.