HomeMy WebLinkAboutpitkin.planning.264321100851 (2008)(2)DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and/or P&Z
Ordinance for the BOCC and/or P&Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Ptat copies (llxl'n
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, GRANTING SPECIAL REVIEW LTSE APPROVAL FOR
KIWI ADVENTURE KO, LLC
Resolution No.~7r' -2008
RECITALS
Kiwi Adventure KO, LLC (Scoth Gibsone) ("Applicant")has applied to the Pitkin County Board of
County Commissioners ("BOCC") to consider Special Review pursuant to Sections 4-30-040(Q), 2-
30-30(h)snd 2-40-20(c) of the Land Use Code for use of Stein Park, Jaffee Park and the Wingo
Junction Boat Ramp as launching/take out areas for a commercial rafting operation on the Roaring
Fork River.
2. Stein Park, Jaffee Park, and the Wingo Junction Boat Ramp are located along the Roaring Fork River.
3. Jaffee Park is zoned RS 20; Stein Park and the Wingo Junction Boat Ramp are located in areas zoned
AR-10.
4• The BOCC heard this application at a duly noticed public hearing on June 25.2008, at which time
evidence and testimony were presented with respect to this application.
5. The BOCC has determined that the proposed use meets the criteria established in Sections 4-30-
040(Q) and 3-30-30(H) of the Land Use Code. and therefore found the proposal to be appropriate.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Boazd of Counq• Commissioners
that it does hereby grant Special Review Use Approval to kiwi Adventure KO, LLC for use of Stein Park,
Jaffee Park and the W ingo Junction Boat Ramp as Iaunclting/takenut areas for commercial river rafting
operations for the 2008 through 2013 summer seasons subject to the following conditions. w-hick shall run
with the land and be binding on all successors in interest:
The Applicant shall adhere to all material representations made in the application and in the Public
Hearing.
2. Tlie Applicant shall adhere to all conditions of approval as set b}' Open Space & Trails approval
permit as included in the Pitkin Counh• Open Space and Trails Commercial Raft Operator Agreement
for 2008 and in all subsequent Open Space R Trails approvals through the 2013 season.
3. The Applicant shall on a yearly basis, obtain the necessar}• authorization/permit by the deadline as
set b}• the Open Space and Trails process.
4• The Applicant shall carry and provide proof of adequate Liability Insurance, as required by the
County for all times of operations during the 2008 through 3013 seasons.
5. The Applicant shall submit a yearl} deposit, as required by Open Space & Trails ($500 for 2008)
to be used for maintenance and operation of facilities, restoration of vegetation if destro}~ed as a
result of the raging operations at Jaffee Paris, or which may he forfeited for any violation of the
Applicant's Open Space and Trails, or Count}• Permit.
Resolution No.t~-?008
6. The Applicant shall adhere to all the City of Aspen's requirements for commercial use of Stein
Park.
7. No commercial or client vehicles shall be pazked at Stein Park, Jaffee Park or the Wingo Junction
Boat Ramp located off Hwy 83. These sites will be used only for loading and offloading.
8. The Applicant shall be subject to of the Colorado Revised Statute 33-32-108(2xa), known as the
State of Colorado Rules and Operating Procedures for the Colorado Search and Rescue Fund,
including but not limited to, reimbursing any actual expenses incurred by a governmental entity for
search and rescue efforts stemming from any river running activih• conducted by said Applicant.
9. Pursuant to Land Use Code Section 2--10-20(c), the approved special use, commercial rafting, shall
begin within three (3) years following the date of approval or the approval shall become null and
void.
10. The Special Review Use approval shall expire after any continuous twelve (12) month period of non-
use.
I1. The Applicant shall be required to obtain new Special Review Use Approval should the current
approved thresholds, including total number of persons involved on any given road/property at any
given time, or any other material changes in the operation take place during the five (5) year time
period of this approval.
12. Pursuant to Land Use Code 4-30-40(gx2), in the event of a conflict between the provisions of this
resolution, and the terms of any Pitkin County Open Space and Trails management plan, the latter
shall govern.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE 25th DAY OF
MAY, 2008.
APPROVED AND ADOPTED ON THE 25TH DAY OF JUNE 2008.
APPROVED AS TO FORM;
John >u}y,
Count}' o
Case #P061-08
PID# 36-33-211-00-851
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
J c Hatfield,
Chairman
Date: 2 /v /~ 8
APPROVED AS TO CONTENT:
I/' ~ 1 C
~~tic r 1 ~b
Cindy Houben,
Community Development Director
d
MEMORANDUM
TO: Board of County Commissioners
Regular Meeting -June 25, 2008
~ ~~~
THRU: Cindy Hou eC ommunity Development Director
FROM: Cari Anne Holcomb, Planner
RE: Kiwi Adventure Kq LLC Rafring Special Review for Commercial Outdoor Use
SUMMARY OF REQUEST: The Applicant is requesting Special Review approval pursuant to Code
Sections 4-30-040(q), 2-30-30(h)(2) and 2-40-20(c) to use Pitkin County property, Jaffee Park and Stein
Park and the Wingo Junction Boat Ramp, as launching and take out sites for his small commercial rafring
operation.
APPLICANT: Kiwi Adventure KO, LLC (Scotty Gibsone).
LOCATION: The sites are located at Wilton Jaffee Park in Woody Creek, in Stein Park off Cemetery
Luce and the Wingo Junction Boat Ramp along Hwy 82. All are located along the Roaring Fork River.
ZONING: Jaffee Park is zoned RS 20; Stein Park and the Wingo Junction Boat Ramp are zoned AR-10.
BACKGROUND: Scotty Gibsone has been a guide in the Roaring Fork Valley for the past thirteen
years. This is his first year operating Kiwi Adventure KO, LLC. Per Code Section 4-30-040(q) Special
Review approval pursuant to Sec. 2-30-30(h) by the Board of County Commissioners (BOCC) is required
before allowing commercial business to operate on lands in the County that are not separately listed in
the Code and that occur on a repetitive or continuing basis more than six (6) times in any twelve (12)
month period or on land owned by Open Space & Trails or on County roads.
REFERRAL COMMENTS: This application was referred to, but no comments were received from,
the Woody Creek Caucus, the Aspen Fire District or Ellen Anderson, Pitkin County's Emergency
Management Coordinator.
Staff understands that John Armstrong of the Pitkin County Open Space and Trails
Department reviewed the application and issued an Open Space & Trails Approval/Permit to
Kiwi Adventure KO, Inc., contingent upon BOCC approval.
The Approval by Open Space & Trails also covers the Wingo Junction Boat Ramp, which is
owned by the BLM, but managed by Open Space and Trails as well.
Brian Flynn, the City of Aspen's Open Space and Special Project Manager, which manages
Henry Stein Park, also stated that Kiwi Adventure KQ, LLC had completed its permit
requirements for the use of Henry Stein Park. "The City does not believe [the Applicant's]
operations, as proposed, will impact the park any more than currently impacted by other
users." Henry Stein Park is owned by the AVLT, not the County.
CRITERIA FOR APPROVAL -SPECIAL REVIEW USES OR ACTIVITIES 2-30-30(h)(21
A. The Special Review shall coiaider:
1. T7ie applicable County Master Plan:
000(101 ~/' ~5
1. Cowa[v Lmzd Use Policies in Chapter 1.
3. The interzt of the zone district in which it is proposed to be located; arzd
4. The character of the immediate vicinity of the parcel proposed for development and
surrounding Irnad uses, or shall enhance the mixture of complimentary uses and activities in tlae
immediate vicinity of the parcel proposed for developnaen[.
Response: The Woody Creek Master Plan is the primary community plan regulating ]and uses
associated with Jaffee Park. The document states that, "Recreational uses and activities, such as trails and
parks, are considered extremely important". The goal of the plan in regazds to parks and open space is to
"preserve the rural character of Woody Creek; enhance community involvement, reduce the perception of
physical changes in the local environment by preserving existing open lands; and increase trail
connection opportunities for safe commuting and recreating." The plan specifically regards Jaffee Pazk
as a place that "...should be maintained as a passive park with improvements for landscaping, trail
maintenance, and general clean-up." The Applicant shall be involved in the maintenance of the Park
through clean-up duties, as well as provide a bond to OS&T.
The RS-20 zone district is intended to preserve environmental resources and maintain the rural lifestyle
while allowing low-density single-family residential development. The AR-10 zone district is intended
to maintain the rural character and appearance of the land while allowing large-lot residential
development and small scale agricultural activities. Recreational uses such as rafring require a Special
Review Approval in both zone districts.
Coanmercial whitewater operations on the Roaring Fork River and the utilization of Jaffee Park have
taken place for the last 25 yeazs. The OS&T permit requires that each of the companies permitted post a
deposit ($500 for the 2008 Season) to be used for restoration of ripazian vegetation if damaged as a result
of the rafring operations at Jaffee Park.
Limitations on loading times and durations of parking shall be enforced as specified in their individual
OS&T permit. The whitewater companies are required to maintain an ongoing analysis of their
operations in order to obtain impact information on the Park.
B. The location, size, design, and operating characteristics of the proposed special review use must be
in harmony with the surrounding area and minimize adverse affects, including visual impacts,
impacts on pedestrian and vehicular circulation, parking, trash, service delivery, air/water pollution
or other impacts ora natural resource, noise, vibrations and odor on surrounding properties.
Response: As noted before, whitewater operations have taken place at Jaffe Park for the last 25 years.
OS&T and the County require the permitting of the commercial operations in order to better understand
the potential impacts, if any, on the use of Jaffe Park and other sites. OS&T has been compiling data
since 2002, and as noted in their comments, they felt that the addition of an additional company is
appropriate at this time. No unattended parking of commercial vehicles will be allowed at Jaffee Pazk.
The Applicant has given his assurance and is required, through the OS&T permit, to remove all trash and
equipment on a daily basis upon their departure from all the areas.
C. There must be adequate public facilities and services to serve the special review use, including but
not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency
medical services, hospital and medical services, drainage systems and sclaools.
~~~~0~
2
Response: The launching and take out areas are within close proximity to police, fire protection and
emergency medical services. OS&T also collects a fee for the use of the port-a-potties at the Jaffee and
Wingo areas.
D. An application for a special review use must denronstraze to the Board of County Conunissiorrers float
the proposed development will not:
1. Materially endanger the public health safety or welfare,, and
2. Substantially injure the value of adjoining or abutting properties.
Response: Staff has no information that would indicate that the proposed use will endanger the public
health, safety or welfare, or injure the value of adjacent properties. The Applicant has intentionally
timed his activities to avoid setting up and being on the river at the same time as other whitewater
commercial operators in order to alleviate as much river and/or park congestion as possible. He also has
intentionally kept his client numbers at a small number, to provide a different style of service to his
clients. Staff feels that the proposed use should be approved based on OS&T granting of approval/permit
yearly for Kiwi Adventure KO, LLC. After further analysis of the impacts of the existing operations,
OS&T may find the need to create limitations, but it does not seem to be the case now.
USE SPECIFIC STANDARDS -COMMERCIAL 4-30-40(01
A. Special Review Approval is required when the following conditions apply:
]. br all zone disU~icts, any outdoor recreational use that is rsot listed separately mrd that is subject
to a Pitkin County Open Space & Trails permit requirenrerrt,~ and
?. Anv commercial outdoor recreational use on Pitkin County Open Space and Trails property or
on County-owned property or roads subject to the criteria in Sec. 2-30-30(h)(2);
Response: Kiwi Adventure KO, LLC is proposing a commercial outdoor recreation use which requires
a Pitkin County Open Space & Trails permit and takes place on OS&T property, as well as County
owned property and roads subject to the criteria as listed in Sec. 2-30-30(h)(2) above.
B. The BOCC is approving the Special Review based on a proposed use that exceeds the following
thresholds:
I. hrvolves more thmr tera (ZO) persons mr a given property/road at any given point in tune; and/or
Response: The Applicant has stated that his number of clients would be, at maximum, six (6) with three
guides as well as the van driver; thus the operation may at any given point in time involve
more than ten (10) persons on a given property/road at any given point in time.
2. Utilizes parking spaces for any single vehicle with a passenger capacity of more than ten (10)
persons; and/or
Response: The Applicant utilizes a twelve (12) passenger van for all trips. No trailer will be used.
3. Utilizes any given property/road more than twice a day; mad/or
Response: During the course of a single day providing three (3) scheduled trip times, the proposed use
would impact any given property/road more than twice per day.
4. Utilizes any given property/road more than thirty (30) days per year.
000003
Response: Although the total number of days the proposed use may utilize any given property/road is
dependant on the amount of run-off each year, the Applicant proposes an average of four (4)
months of operation during each summer for an average total of one-hundred twenty (120)
days per year; however, OS&T may adjust the time frame for the individual permit.
SPECIAL REVIEW USE 2-40-20(C)
Review Standards and Limitations of Uses by Special Review
A. Special Review Use Limitations under the Pitkin County Land Use Code pursuant to Sec. 2-40-
20(c) include:
1. Conznaencement o Operation: Approved special uses shall hegira within three (3) years
following the date of approval of the development permit, unless a longer period is
specified, or the approval shall become null mad void.
2. Special Review Use: The decision making body may approve a special review use
subject to a limited tinge period during which a use may operate.
3. Submission of Annual Report mad Review ofAnnual Reports: The decision making body
may require may person operating pursuant to a special review use to submit a statement
to the Conznzunity Denedopnaent Director attesting to the contarzued conformance of the
use to tlae conditions of the approval. If after reviewing the statement, inspecting the site
and considering any other relevmzt materials, the Connnmziry Development Director
determines that the use is ira conformance with the provisions of the Special Review Use
approval, the use may continue pursumzt to the provisions of approval. If the
Conznzmzity Development Director determines that the use is not in cmzfornzmzce with the
provisions of the Special Review Use approval, the Community Development Director
may recommend to the original review authority that it consider the withdrawal of such
approval. Failure of mzy person operating a use under a Special Review Use approval
to submit such a statement within the period specified above shall be considered a
violation of the provisions of the special review approval and may be sufficient cause for
witlulrmval of the approval
I. Approval Withdrawal Procedure: The decision-making body shall consider and act on
approval withdrawal after a public hearing. Notice of the public hearing shall be mailed
to the applicant and published in a newspaper of general circulation in the County not
later than thirty (30) days prior to the hearizzg. The notice shall state the time, location
and subject matter of the hearing.
5. A~aproval Expiration: Any Special Review Use shall expire after any continuous twelve
(12) month period of non-use. Any unfu~lled obligations of the approval shall continue
to be binding after expiration of the approval.
Response: The Applicant shall abide by all Limitations of this Section of the Land Use Code.
Additionally, Staff supports the granting of the Special Use Review, subject to OS&T permitting and
yearly review, for a term of five (5) yeas.
000004
RECOMMENDATION: Staff recommends that the Board of County Cormnissioners adopt a motion to
approve the Kiwi Adventures KO, LLC Special Review Permit subject to the conditions in the attached
draft resolution.
ATTACHMENTS:
A. Original Handwritten Application
B. City of Aspen Comments
C. Drafr Resolution
000005
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OOOp02
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
TEMPORARY COMMERCIAL USEISPECIAL EVENT PERMIT APPLICATION
Please answer the following questions in detail. If an item does not pertain fo your
activity/event please mark it "N/A."
1. Name of evenUactivity: _
2. Location of evenUactivity:
3. Type of event/activity (parade,
sporting event, filming, etc.):
If the evenUactivity involves movement (e.g., parade, foot race), describe the route,
including starting and dispersal locations, and attach a map.
4. Name of applicant (sponsoring organization/event coordinator): ~
Address:
Phone(s):
E-mail:
Name and title of person primarily responsible for oversight of event/acfivity:
Address:
rnone(s):
E-mail:
Cell phone, radio frequency or other means of contact during the event/activity.
5. Date(s) of evenUactivity: _ W.~t .TWQ.~,, o~RF„z
Starting time(s): .oo Aw
Endmgtime(s). '~.<e Q~n
Number of people involved
spectators): ~ttow ~
staff (including volunteers), and
If you wi[I be using volunteers, what type of advance training will they be receiving and
when? ~ /~~
7. Will you provide notification of the evenUactivity to the public and/or to adjacenUaffected
property owners? T_ If YES, describe who you will notify, when, and how:
t~~~r~b
Ot~lT~308 3
8. Are you planning to erect temporary structures or tents? If so, describe location, size,
purpose, and if they will be heated/air conditioned: i
~~~~N~,a~ y ~uuuures snag conrorm to any and all applicable building codes and other
County regulations. The applicant shat/ obtain any required building permits from the
County Building Department. if a tent is to be erected, the Fire Marshal shall be
contacted to complete a life safety inspection prior to the event.
9. Do you require electricity; if so, what is the source of your electric power?
r emporary electric power connection(s) shat) conform to any and all applicabl electrical
codes and other County regulations. The applicant shall obtain any required electrical
permits from the County Building Department.
10. Will there be amplified sound, music, or fireworks? If YES, please describe.
If fireworks are planned, the applrcant shall obtain approval and a permit from t e
applicable Fire Marshal and the Sheriff, and shall comply with the County regulations on
Noise Abatement (Code Trtle 6, Chapter 6.36).
11. Will any food be sold?~b If YES, the applicant will be required to submit an
Event Information Application to County Environmental Health. Applicant may also be
required to submit an Event Coordinators Application and, in connection with its food
vending, applicant shat/ submit, or require each of its independent catemrs to submit, a
Special Event Food Service Application to County Environmental Health.
In connection with sales transactions, applicant maybe required to have a CO Standard
Sales Tax License or CO Special Event Sates Tax License. Contact the CO Department
of Revenue for information.
12. Will you be providing portable toilets and/orhand-washing stations If so, where
will they be located and how many will be provided? _ ~
Describe the types, number and location of trash/recycle containers to be provided:
rrasnirecycle containers and toilets/hand-washing stations must be removed within 24
hours of the event/activity.
Name, title, address, e-mail and telephone number(s) of person responsible for clean up:
13. Will beer, wine, or other alcoholic beverages be dispensed at your event? ~~ .
If YES, complete Attachment D and contact the County Clerk 8 Recorder's Office to
determine if you need to obtain a State of Colorado Special Event Liquor License Permit.
2
000009
00000¢
14. Are you requesting use of any County properties (e.g., parks, trails)? -~ If YES,
please specify: SreEn.•1 '~gcu~ va\eJLC Sa.FFt... Q~actac ~
~~abo 5~donw,t
The County may require applicant to post financial security to ensure
restoration/revegetation of County property.
15. Are you requesting road closures? ~a .. If YES, please include date(s) and times:
Road From To Date
Road From To Date
If road closun:s are approved, the permittee will be required to publish notice of the
closu2s in focal daily newspapers at (east 2 days prior fo the closures.
16. If you do npt require road closures, will your event/activity use any public or private
roads? N ~ If YES, describe:
17. Where will you provide parking? ~ t~PoY\,Ci_ w\w. AMP-G.: A'
~ As46.~ Crvs~r\F.SS t~ I ~O a.\'>~.,na0.~- Pav.K~.~b a.1~\ti, CS~'RR.pU\R2`~
Number of spaces available at etch location: n~~a vaF ~ 3~ o\u.~v^~ v.Q.
Describe any arrangements made fqr towing illegally parked vehicles
18. Will shuttle service be provided? If YES, describe shuttle service (including
hours of operation) and methods to be used to encourage use of public transit:
A 1Ztt\v65~- W\w SS~z. W\'M ~. v~P.~1 ~ Pr~..~ ^C\vH~S
19. Describe traffic control measures to be instituted:
20. How many personnel will b rovided for security, and traffic and parking control?
Identify any subcontracted security and traffic/parking control service providers (name,
address, contact person, telephone number(s), and e-mail): /
n
Law enforcement services will be charged out at the current hourly rate established by
the Sheriffs Department and ONLY if resources permit. The Sheriff reserves the right to
place officers and staff at the event at the permittee's expense, if deemed necessary in
the interest of public safety. For further information, contact the Sheriff's Office.
21. How many and what size vehicles and equipment do you plan to use to stage the
evenUadivity? Please provide the location far staging of all vehicles and equipment.
srs\°"'~~ i t1 Oi1'~f~16C.cLy \tP~«J wt~.... g,~._ y.Sr .7
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y~YCVr Or ~~~ran W'fl1\ ~Cl}fd Vrc1f.~Gtft~- AT 'A ~•- T\M6J~
olJ'li)1
00005
22. Are you planning to use fixed wing or rotor wing aircraft for any aspect of the
evenUactivity? If YES, please describe:
23. Describe any special requirements or aspects of your event/activity that have not been
covered above:
**' ALL APPLICANTS: Please complete the attached Safety and Operations Plan
or provide a separate document containing all of the required information (see
Attachment A). A Safety and Operations Plan is required for planned events/activities
because the emergency service infrastructure is funded by the Pitkin Gounty taxpayers
to offset unplanned events that pose a threat to life and property. As a result, any
demand for services generated by a planned event/activity should be alleviated ahead
of time by the event sponsor or organizer. The posting of financial security, in an
acceptable form, may be deemed necessary by the Pitkin County Sheriffs Office
upon review of the Safety and Operations Plan.
I certify that I am an authorized representative of the applicant, ~~-E-j-(~~fuz- (~ t(~gp~~
and have the power to execute this application on behalf of the above-
named organization. All of the above statements are true to the best of my knowledge,
information and belief. I acknowledge that any Temporary Commercial Use/Special Event
Permit that I receive shall be subject to the following terms and conditions, in addftion to those
specified in the Administrative Determination/BOCC Resolution granfing the permit:
A. The County may revoke a Temporary Commercial Use/Special Event Permit prior to or
during the event 'rf the permittee violates any of the conditions of the permit.
B. The County may require the permittee to participate in a post-event debdefing with
referral agencies, affected citizens and other interested/involved parties to address
issues that arose during the event.
C. The County may require the permittee to post financial security to ensure compliance
with any of the conditions of the permit.
D. If a major incident or emergency occurs in the County during the event, the Sheriff
reserves the right to remove any and all emergency medical, fire and law resources from
the event.
E. The pern}i a shall dhere to all representations made in the application and in public
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00001
OOOQ 7
~~,;~i~ iT ~ Pageloft
Valerie MacDonald
From: Brian Flynn
Sent: Wednesday, April 02, 2008 3:24 PM
To: Valerie MacDonald
Subject: RE: Special Event Permit Application/ Kiwi Adventure
Valerie, here are the City of Aspen's Parks Department comments for you to include in the Special Event
Application.
Stein Park is a privately owned parcel, located within pitkin County. Aspen Valley Land Trust, owner, has a
working agreement with the City of Aspen for maintenance and management of the parcel. The City of
Aspen Parks Department has actively mowed, cleaned and maintained the park in its current condition for
current uses. This includes management of the Commercial Users.
Kiwi Adventure has been very proactive and upfront with their desire and intent to pursue commercial use of
Stein Park. The City does not believe their operations, as proposed, will impact the park and other users
any more than currently impacted by existing users. We support this request with the condition that Kiwi
adventure provides some further paperwork and clarification on its launch times. Below is what we request
for approval:
1) Kiwi Adv has completed only a portion of the City Commercial Application, missing from the permit is a
copy of the outfitters permit, a copy of the insurance showing AVLT and COA as additionally insured, and a
$500.00 Maintenance Bond. These are required prior to any commencement of commercial activities.
2) There is discrepancy in the proposed launch times from Stein Park. We have them launching from Henry
Stein at 10:30 and 12:30 (or 2:30). Just want Kiwi to clarify, and commit to, these times compared to the
times shown on the County Permit.
Thanks for the opportunity to respond
From: Valerie MacDonald
Sent: Wednesday, April 02, 2008 12:11 PM
To: Ed Van Walraven; Ellen Anderson; Tom Grady; Ann Owsley; Kris Jewkes; )ohn Armstrong; Gary Tennenbaum; Tom Rubel;
Karen Keeney; Michael Kraemer; valerie0701@hotmail.com; kevin.wright@state.co.us
Subject: Special Event Permit Application/ Kiwi Adventure
Hello All,
The above attachment is a Pitkin County Special Event Permit Application for a new river rafting company called Kiwi Adventure.
The Applicant proposes running on the Roaring Fork River with 3 person 8 foot rafts, utilizing Stein Park, Wink Jaffe Park, and
Wingo Junction. The operation would run from May through October from 8 A.M to 7 P.M.
The entire application can be viewed at the above attachment.
Please respond via email by April 9v'.
If I do not receive comments by April 9~', I assume there are no questions or concerns.
Thank you,
Valerie MacDonald
Special Event Permit Coordinator
970-319-6013
oonolo
4/23/2008
+RESOLUTION OF THE BOARD OF COUNTY COMIVIISSIONERS OF PTTKIN COUNTY,
COLORADO, GRANTING SPECLII. REVIEW USE APPROVAL FOR
KIWI ADVENTURE KO, LLC
Resolution No. -2008
RECITALS
1. Kiwi Adventure KO, LLC (Scotty Gibsone) ("Applicant") has applied to the Pitkin County Board
of County Commissioners ("BOCC") to consider Special Review pursuant to Sections 4-30-
040(Q), 2-30-30(h) and 2-40-20(c) of the Land Use Code for use of Stein Park, Jaffee Pazk and
the Wingo Junction Boat Ramp as launching/take out azeas for a commercial rafting operation on
the Roaring Fork River.
2. Stein Park, Jaffee Park, and the Wingo Junction Boat Ramp are located along the Roaring Fork
River in Woody Creek.
3. Jaffee Park is zoned RS-20; Stein Park and the Wingo Junction Boat Ramp are located in areas
zoned AR-10.
4. The BOCC heard this application at a duly noticed public hearing on June 25, 2008, at which time
evidence and testimony were presented with respect to this application.
5. The BOCC has determined that the proposed use meets the criteria established in Sections 4-30-
040(Q) and 2-30-30(H) of the Land Use Code, and therefore found the proposal to be appropriate.
NOW THEREFORE BE TT RESOLVED by the Pitkin County Board of County Commmissioners
that it does hereby grant Special Review Use Approval to Kiwi Adventure KO, LLC for use of Stein Pazk,
Jaffee Park and the Wingo Junction Boat Ramp as launching/take out areas for commercial river rafting
operations for the 2008 through 2013 summer seasons subject to the following conditions, which shall run
with the land and be binding on all successors in interest:
1. The Applicant shall adhere to all material representations made in the application and in the Public
Hearing.
2. The Applicant shall adhere to all conditions of approval as set by Open Space & Trails approval
permit as included in the Pitkin County Open Space and Trails Commercial Raft Operator
Agreement for 2008 and in all subsequent Open Space & Trails approvals through the 2013 season.
3. The Applicant shall on a yearly basis, obtain the necessary authorization/permit by the deadline
as set by the Open Space and Trails process.
4. The Applicant shall carry and provide proof of adequate Liability Insurance, as required by the
County for all times of operations during the 2008 through 2013 seasons.
5. The Applicant shall submit a yearly deposit, as required by Open Space & Trails ($500 for 2008)
to be used for maintenance and operation of facilities, restoration of vegetation if destroyed as a
result of the rafting operations at Jaffee Park, or which may be forfeited for any violation of the
Applicant's Open Space and Trails, or County Permit.
OOOOI~r
Resolution No. -?008
6. The Applicant shall adhere to all the City of Aspen's requirements for commercial use of Stein
Park.
No cotmmercial or client vehicles shall be parked at Stein Park, Jaffee Park or the Ringo Junction
Boat Ramp off Hwy 92. These sites will be used only for loading and offloading.
8. Pursuant to Land Use Code Section 2-40-20(c), the approved special use, commercial rafring, shall
begin within three (3) years following the date of approval, or the approval shall become null and
void.
9. The Special Review Use approval shall expire after any continuous twelve (12) month period of
non-use.
10. The Applicant shall be required to obtain new Special Review Use Approval should the current
approved thresholds, including total number of persons involved on any given road/properiy at any
given time, or any other material changes in the operation take place during the five (5) year time
period of this approval.
11. Pursuant to Land Use Code 4-30-40(q)(2), in the event of a conflict between the provisions of this
resolution, and the terms of any Pitkin County Open Space and Trails management plan, the latter
shall govern.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE 25th DAY OF
MAY, 2008.
APPROVED AND ADOPTED ON THE 25TH DAY OF JCINE 2008.
ATTEST:
Jeanette Jones,
Deputy Clerk
APPROVED AS TO FORM:
John Ely,
County Attorney
Case #P061-08
PID# 2643-211-00-851
BOARD OF COUNTY COMMISSIONERS
OF PITICIN COUNTY, COLORADO
Jack HatSeld,
Chairman
Date:
APPROVED AS TO CONTENT:
/ l,~ u~sX ' ~l~ ~„ l ~ l
Cindy Houben,
Community Development Director
Q~~{.~1CJ
PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY
LOCATION: Stein Park/Wilton Jaffee Sr. Park, off Roaring F
ZONING: AR-10
REPRESENTATIVE: Scotty Gibson, Kiwi Adventure Rafting
OWNER: Aspen Valley Land Trust/Pitkin County OST
DATE: May 14, 2008
Type of Application: Special Review for
Property
Recreational Use on Open Space and Trails
Description of Project/Development: The Applicant is requesting Special Review approval to provide white
water rafting during the summer months. The applicant proposes 3 trips per day with 1-6 guests.
Land Use Code Sections to be addressed in letter of request laoplication):
Sec. 2-30-30(h): One-Step Review Procedure
Sec. 4-30-040(q): Outdoor Recreational Use, Other
Also, Applicant must demonstrate that adequate provisions have been made for all of the following:
1. Police supervision (if necessary);
2. Public parkingttransportation plan(s);
3. Insurance;
4. Site set-up, maintenance and clean-up;
5. Emergency Services;
6. Safety of Operations
Additionally, temporary structures must conform to applicable building codes and other County regulations.
Staff will refer the application to the following agencies: Woody Creek Caucus, Aspen Fire District, Open
Space and Trails, Emergency Management (Ellen Anderson), County Sheriff (Tom Lay), Risk Management
(Kris Jewkes), City of Aspen Parks, and Aspen Valley Land Trust.
Review by: BOCC
Public Hearing: Yes. The Applicant shall post a public notice sign on the property at least 15 days prior to
the date specified for the Administrative Decision pursuant to Sec. 2-20-100(a)(3) of the Land Use Code. In
addition, the Applicant shall mail notice (by certified mail) to all adjacent property owners and mineral estate
owners with the return address of the Community Development Department (form of notice to be obtained
from the Community Development Department). The names and addresses shall be those on the current tax
records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing. A
property owner receiving the public notice shall have 2 weeks from the date the notice is postmarked to submit
comments or objections to the Community Development Department.
FEES: $1,207 (make check payable to "Pitkin County Treasurer")
Planning Office flat fee: $998 (non-refundable; based on 4 hours of staff time; if staff review time exceeds
4.8 hours, the Applicant will be charged for additional time above 4 hours at a rate of $249/hour).
o Public Notice Fee: $54
o Web Technology Fee: $25
o County Clerk BOCC Public Hearing Fee: $130
To apply, submit 16 copies of the following information, unless noted otherwise:
1. Summary letter explaining the request, providing background on prior approvals and permits, and
addressing compliance with the Code sections listed above.
2. Previous Land Use Approvals (if applicable);
3. Business/Operating Plan
irk River
PID#: 2643-211-00-851
PHONE and EMAIL: 970.948.4818
kiwiso(rDyahoo.com
PLANNER: Cari Anne Holcomb, 970.920.5092
4. Site Map (see Special Event On-line Application for specifics);
5. Safety and Operating Plan(s);
6. Copies of any business licensing (Outfitters License, etc)
7. Total fee for review of the application;
8. Signed fee agreement (1 copy);
9. Consent from owner(s) to process application and authorizing the representative (1 copy)
10. List of all adjacent property owners and mineral estate owners (1 copy)
11. Copies of this pre-app form.
NOTES:
- PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION.
PLEASE SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF
POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED /N YOUR
APPLICATION.
- ALL MAPS SHALL BE FOLDED.
- This pre-application conference summary is advisory in nature and not binding on the County. The
information provided in this summary is based on current zoning standards and staffs interpretations
based upon representations of the applicant. Additional information maybe required upon a complete
review of the application.
000002
Kiwi Adventure Ko.
Scotty Gibsone
303 Grove Court
Aspen, CO 81611
(970) 948-4818
To Whom it May Concern,
I am requesting permission to use Wink Jaffee and
Wingo Junction for the use of entering and exiting the
Roaring Fork River, via a commercial rafting operation .
To the best of my knowledge everything that is needed for
this hearing has been paid for or submitted.
Pitkin County ($1207.00 paid)
Battler Insurance (find enclosed)
Open Space & Trails (paid)
Aspen City ($200.00 paid annual fee)
Aspen Valley Land Trust
CO State License (find enclosed)
City Business License
Yours,
Scotty Gibsone
000003
Provisions
1. Police supervision -not necessary
2. Transportation/parking
a. people meet at pre-determined site in town (Aspen
Bikes), 1 van with NO trailer, shuttle driver with vehicles at all
times
3. Insurance -find copies enclosed
4. Site set up, maintence, and clean up
a. moving site (van) nothing is left sitting around
b. pack it in, pack it out
5. Emergency services
a. 911 is used if necessary via cell phone which are
carried on all trips
6. Safety of operations
a. all guides are river certified as per Colorado State
Parks requires
b. all guides are first aid and CPR qualified
c. all guides are trained as per company guidelines
familiar with terrain, river conditions, emergency exits
OOOOOtz
Business Operating Plan
Objective: To operate a small grassroots, whitewater rafting
company, low impact, bringing a different style of rafting to the
river and valley.
Hours & Equipment
- I'm requesting 2-3 put in time (10:30, 12:30, 2:30), but in
reality it will go mainly once a day
- Using 1 van (no trailer), 3 rafts (2 people per raft). Small
operation bringing less impact to areas affected (Stein, Wink
Jaffee, and Winko Junction).
Outlook: Because I am using small raft (8ft long) I can run the
Roaring Fork thru September, therefore, once the bigger
companies are off, I am the only small guy out there on the
Roaring Fork.
Clients: Will be people who have rafted before and are looking
for a little extra out of your every day river trip, with experienced
guides. - Only I can give them that.
Transport: 1 van, people picked up at location in Aspen (Aspen
Bikes), less vehicles, less impact.
000005
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Safety & Operating Plan
Safety
1. All guides are experienced under Colorado State
Parks' requirements
2. All guides are First Aid and CPR qualified
3. All guides are trained under company guidelines,
which are much more strict and thorough than state
requirements
4. Guides and drivers know terrain for emergency
take outs from Stien to Wingo Junction
5. On the river, guides have guidelines regarding river
levels, conditions -including guest's conditions -there are
NO risks taken!!!
6. Cell phones are carried at all times, utilizing 911
services if the need arises
Operating
- Launch times of 10:30, 12:30, and 2:30, at Stein or
Wink Jaffee
- 1 vehicle (no trailer) and driver with car at all times
- Using 3 rafts - 2 guests per raft - 3 staff
- Pick up guests at location in Aspen (Aspen Bikes)
'~OO~JGB
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Hereby
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G'bnroller/Assistant Fnnance Director
Date Issued
01/01/2008
ASPEN CO 81612
NOT TRANSFERABLE
Valid Until Revoked or Car
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at the licensee shown Hereon le
Nled sales/use taxes tar the Clty
tlo, at the atltlress shown hereon,
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Controller/Assistant Finance Director
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Page 1 of 1
Brian Flynn
From: Cari Anne Holcomb
Sent: Thursday, May 22, 2008 8:18 AM
To: Brian Flynn
SubJect: RE: Commercial Use Permit for Kiwi Adventure KO
Thanks S0 very much for this.
Do you also have anything for Aspen Seals (Gary Pera)? I could also use an email regarding his permit(if he's
finished it)
THANKS AGAIN !I!
Cari Anne Holcomb
970.920.5092
From: Brian Flynn
Sent: Wednesday, May 21, 2008 5:23 PM
To: Cari Anne Holcomb
SubJect: Commercial Use Permit for Kiwi Adventure KO.
Carrie, one of the conditions that we had placed on the approval process for the commercial
use of Jaffe Park was that the applicant complete and be permitted to launch at the City run
property called Stein Park. As of today, 5/21/08, Kiwi Adventures KO. has met all of the
requirements and is approved for the use of City property. Of course all of this is pending the
County permit. Thought this might help when presenting the case.
Let me know if you have any questions.
Brian Flynn
Open Space and Special Projects Manager
(P)970-429-2035
(F)970-920-5128
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PRODUCER (208) 743-9426 FAY: (208) 748-9433
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SHOULD ANY OF THE ABOVE DESGimED POLICIES BE CANCF1Lm BEFORE THE
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000012
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
PITKIN COUNTY (hereinafter"COUNTY") and ~^~`'-~~
(hereinafter "APPLICANT") AGREE AS FOLLOWS:
APPLICANT has submitted to COUNTY an
~o ~A-.~
ration for ~1~r~'~t'L`NP~'T'k1- \~~~/
,the "PROJECT").
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 32-2002 establishes a
fee structure for land use applications and the payment of all processing fees is a condition precedent to a
determination of application completeness. The fee structure is based on the COUNTY'S policy that
development shall pay, in full, the cost of development review in the COUNTY. Fees have been set to be
consistent and fair to the public and to reflect the expense incurred in providing such services to the public.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
PROJECT, it may not be possible at the time of application to ascertain the full extent of the costs involved in
processing the application.
4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications
shall accumulate if an application includes more than one type of land use review.
5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete
processing or present sufficient information to the Planning Commission and/or Board of County
Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally
required findings for project approval, unless current billings are paid in full prior to decision.
6. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to
collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the
amount of $ (n~O7_ which is based on ~ hours of staff time, and if a time spent by staff to process the
application exceeds the average number o hours by more than 2 ° , en a COUNTY will bill the
APPLICANT quarterly for the additional time spent. Such per' is paym is shall be made within 30 days of
the billing date. APPLICANT further agrees that failure top y such ac ed costs shall be grounds for
suspension of processing.
PITKIN COUNTY
Cindy Houben
Community Development Director
(" (CANT" ~
'f~N1~~-
Print Name and Title1(if applicable)
Date: `~ ~Zo / fl~
Mailing Addr s: '~03 C-~QsatA- (.o~M
PcS7K~ ~~• CC16~~
Y`o
00013
I.N311V-O'J-009-L
war~4ana~nn~
CITY OF ASPEN
130 S GALENA ST
ASPEN, CO 81811
PITKIN COUNTY
530 E MAIN ST #302
ASPEN, CO 81611
uop~ru;sul,p
alU~ el ~II~
W/J METRO DIST
PO 8OX 231
WOODY CREEK, CO 81858
OOUO14
COLORADO DEPT OF
TRANSPORTATION
STATE OF COLORADO
4201 E ARKANSAS AVE
DENVER, CO 80222
STYSLINGER JENNIFER O
3315 DELL RD
BIRMINGHAM, AL 35223
3uawa6~ey~ ap sues ®0915 ~AL3AV 3pege8 q zasOpp
~ uNd t wp~ey ss33anbp~
HOA OF W/J RANCH HOMES INC
315 E HYMAN AVE #305
ASPEN, CO 81811
VHRIN GEORGETTE 8 ROBERT S
PO BOX 2898
ASPEN, CO 81812
T ®0915®~TJ3AH~ ~ T ~~ I^ad ~se3 ~ ~~ jaded Paadj .~ ®0915 3LrldW31 y4anV ~n
County of Pitlcin } AFFIDAVIT OF NOTICE &
} ss. MAILING PURSUANT TO
State of Colorado } PITHIN COUNTY LAND USE
CODE SECTION 2-20-100
I, t'~uL1l-1+"~/~~ (71t5.Xr"'"~ ,being or representing an
Applicant to the Pitltin County Development Permit, personally certify that I have complied with the
public notice requirements pursuant to Section 2-20-100 of the Pitkin County Land Use Regulations in
the following manner:
By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at
least 30 days prior to the public hearing to all owners of property adjacent to the subject property, as
indicated on the a ched list, on the ~ day of ~ 200 (which is~.days prior to the public
hearing date of The names and addresses of the adjacent property owners shall be those
on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public
hearing.
2. By mailing of n tice, a copy of hich is attached here , by first-class, postage epaid U.S. M '1 at
least 30 days 'or to the pu c hearing to the own s) of the mineral estat demeath the jest
.property, indicated on a attached list, on th _ day of , 2 _ (which is _ s prior
to the p lic hearing of _~. The es and addresses of mineral estate ers shall
be se on the curr t tax records of Pi County as they appeaze no more than 6 days prior to
the ublic hearing.
3. By posting a sign in a conspicuous place on the subject pro a t could seen from the nearest
public way) on the I D day of r+fi, , 200~whi is at least fiftee 5) days prior to the
public hearing. A photograph of the posted sign is attac hereto.
tl'~exa,s~4~~ G;hSoh-~
Applicant's name
(Attach photograph here)
000015
Signed before me this~day offju,aiz, ,
200~by
~~ey~~.Gar C.: b5or~
WITNESS MY IIAND AND
My commission expires:~~
SEAL
~~`"`~
Notary Public
Notary Public's Signature
LOIS
y,~~.zaaaon
Bonnie Waechtler
PTTKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 5. Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX # (970) 920-5439
June 11, 2008
Alexander Gibson
0303 Grove Court
Aspen, CO 8161 l
kiwise n vahoo.com
Re: Kiwi Adventure KO Whitewater Rafting Special Review,
(CASE P061-08; PID 2643-211-00-851)
Dear Mr. Gibson:
The Planning Office has completed its preliminary review of the captioned application. We have determined that this
application is complete. After a more detailed review of the submittal information, additional information specific to the
application may be requested in order to adequately review and process the application. The planner in charge of the
review will request the information from you directly.
We have scheduled this application for review at a public hearing by the Board of County Commissioners on Wednesday,
June 25, 2008 at a meeting to begin at 12:00 P.M. in the Plaza One Meeting Room at 530 East Main St., Aspen. Should this
date be inconvenient for you, please contact me within 3 working days of the date of this letter. After that the agenda date
will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable
technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to
the application is available at the Planning Office.
Please note that it is your responsibility to post a public notice sign on the property at least fifteen days prior to the
hearing (and remove it within one week after) and to mail notice to all adjacent property owners and mineral estate
owners at least 30 days prior to the hearing with the return address of the Community Development Department (copy
of notice will be sent to you by the Community Development Department). The names and addresses shall be those on
the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing.
Please submit the enclosed Affidavit of Notice by Posting & Mailing as proof of compliance with the Code at the hearing.
If you have any questions, please call Cari Anne Holcomb, the planner assigned to your case, at 920-5092.
Sincerely,
Bonnie Waechtler
Administrative Assistant
Encl: Affidavit of Notice (Code Section 2-20-100)
Bonnie Waechtler
Planning Administrative Assistant
Community Development
PUBLIC NOTICE
RE: Kiwi Adventure KO Whitewater Rafting (2008) Specia] Review
(CASE# P061-08)
NOTICE IS HEREBY GIVEN that a public heazing will be held on Wednesday, June
25, 2008 at a regular meeting to begin at 12:00 PM or as soon thereafter as the conduct of
business allows, before the Board of County Commissioners, Plaza One Conference
Room, 530 East Main Street, Aspen to consider an application submitted by Alexander
Gibsone (0303 Grove Court, Aspen, CO 81611) requesting a Special Review for rafring
use in the summer months. The property is located at Stien Park and Jaffee Park and is
legally described as Section 21, Township 9, Range 85 West of the 6`h P.M. The State
Parcel Identification for this property is 2643-211-00-851. The application/resolution are
available for public inspection in the Community Development Department, City Hall,
130 S. Galena St., Aspen CO 81611. For further information, contact Cari Anne
Holcomb at (970) 920-5092.
Jeanette Jones, Deputy County Clerk
Boazd of County Commissioners
Published in the Aspen Times Weekly on May 25, 2008.
Attention Applicant/Representative:
It is your responsibility to do the following:
1. Mail this Public Notice to all adjacent property owners and mineral estate owners
at least 30 days prior to the hearing with the return address of the Community
Development Department. The names and addresses shall be those on the current
tax records of Pitkin County as they appeared no more than 60 days prior to the
date of the public hearing
2. Submit the Affidavit of Notice by Posting & Mailing (previously sent to you with your
applicant letter) as proof of compliance with the Code at the hearing.
3. Pickup Public Notice sign from the Pitkin County Community Development
Department, 130 South Galena Street, Aspen, CO (970) 920-5526
4. Post the Public Notice sign on the property at least fifteen days (15) prior to the
hearing
5. Remove the Public Notice sign within one week after hearing date
APPLICATION AND REGULATIONS FOR
COI\TVVIERCIAL USE OF STEIN PARK
Stein Park is owned by Aspen Valley Land Trust and managed by the Aspen Parks
and Recreation Department as a part of the Aspen park system. The following
regulations are enforced by the City of Aspen.
1. Pazking is prohibited for all commercial outfitting vehicles. Vehicles used for
commercial purposes may load and unload guests and equipment, according to the
following guidelines:
• The parking lot drive ramp and launch area is to be used for loading and
unloading only. Loading/unloading time shall not exceed 30 minutes.
• No vehicles will be left unattended at anytime. Attended vehicles will not be left
in the ramp area for over 30 minutes, space allowing.
• No storage parking of vehicles is allowed anywhere in the park. Commercial
vehicles left unattended anywhere in the park aze subject to ticketing and towing.
• Commercial operations shall understand that other public users will be accessing
the river via the same launch site and shall accommodate these users in manner
that does not cause unnecessary conflicts.
2. The City of Aspen requests that the commercial companies work on alternating
start times in order to minimize impact and possible loading and unloading
conflicts. Commercial users are not permitted to leave any equipment at Hemy
Stein Pazk.
3. Commercial users must not leave any trash behind. Please note that Henry Stein
Park experiences a high level of activity from bears. Therefore, it is imperative
that no food be left behind in the Pazk.
4. Commercial permit holders are required to keep a detailed log of daily
commercial activities at Henry Stein Park, including: date and time, use (put-in),
type of trip (i.e., half day float) number of boats, number of guests, number of
staff. Permit holders will need to submit weekly use logs. Permit holders may
use the same reporting form as Pitkin County provided that you include all of the
information requested above. All report logs shall be emailed to Pitkin County via
email.
5. Permittees are required to pay a $200.00 application fee, due at the City of Aspen
Parks Department office prior to the start of the season.
6. Permittee must provide the City of Aspen with certificates of liability insurance
indicating The City of Aspen, Aspen Valley Land Trust and Pitkin County (for Q~
take outs at Jaffee Pazk) as additionally insured parties for their insurance policy. /.
Permittees aze required to provide a copy of this additionally insured policy with
the application and fee. \ ~.~
7. Permittees must provide the City with a copy of their 2007 Colorado River ,,, tkrcr,~.v~~
Outfitters License, with the application. s~!_ ~`
000014
8. Permittees are required to post a $500 security bond, which will be used only if a
permittee's activities are identified as having impacts to the park, which require
restoration or clean-up from Open Space and Trails staff. This bond is due at the
time the application is turned in with the per year fee.
9. Permittee understands that the City of Aspen is not responsible for the
management of the river course.
All permittees shall abide by the roles and regulations for use of Henry Stein Park which
maybe established from time to time by the City of Aspen Open Space and Trails Board
and/or the Aspen City Council. All permittees are responsible for educating their
employees about these rules and regulations. Violation of these regulations may result in
revocation of commercial permits and will be taken into account for future applications
for certification to use Henry Stein Park.
'3 -~ ~ ~
Date
Representative
Company and Phone Number
000015
Name of Company ~~~ ~ ~i}yr,~ ; u-t,~ ~ .
Local Contact: /
Address: ~ O~ (.7~Zc~'v i`Z i.~~cRn' (a S ~ rz,-l ~-c • ~ar ~ ui 7-
Cell: `1~7U - `i ~-f' ~ y-~1 ~
Office:
Fax:
Owner: < cc,-iT~ V \fjSo,~~
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Henry Stein Departur~ Times:
AM jt~•3U
PM I'~~ ~ •~ C:V ( r
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(,a~u.. ~~3~ J`i ' \~o~l\i cOR -IS '4~1--c'oMi ~-- EAU \'Lfa~'1 r1~
000016 ~ '
~lu~iy~v+~S c-(~ vvv~L ~.i~ c~~~ 3Aw ~N Zs~~r1 y'/ill~~_ ~-.,/' `.~~:.,~~v;i3S~.~r
ACORD CERTIFICATE OF LIABILITY INSURANCE 4/29M2003YI
aaoOUCER (203)743-9426 FAX: (208)748-9433
Battler Insurance
1504 3th St THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THI5 CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Lewiston ID 63501 INSURERS AFFORDING COVERAGE NAIC #
INSURED INSURERA'TndOr Insurance COm an 37932
The Kiwi Adventure Ko, LLC INSURER B'. _
PO Box 3353 INSURER C:
INSURER D:
Aspen CO 31613 INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW H VE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING AN
REQUIREMENT, TERM OR CONDITION OF ANY C NTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAV BE ISSUED OR MAV PERTAIN,
THE INSURANCE AFFORDED BY THE POLICIE DESCRIBED HEREIN IB SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
INSR OD'L
TYPE OF INSURANCE
POLICY NUMBER POLICY EFFECTNE
GATE MMRIDNY POLICY E%PIRATION
DATE MMIDDNY LIMITS
GENERAL LIABILITY RR N E 1, 000, 000
X COMMERCIAL GENERAL LIABILITY DAMAGE TO REM~ED~ E 100,000
A X CLAIMS MADE ^X OCCUR PGp0712B90 5/15/2008 5/15/2009 MED EXP An one e~reon E 1,000
P R ANA I S 1, 000, 000
GENERALA GRE ATE f 2,000,000
IT APPLIES PER'.
GEML AGGREGATE LIM PR D P A f include
Oo
X POLICY JECT LOC '
AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT E
ANV AUTO (Ea amitlen0
ALL OWNED AUTOS BODILY INJURY E
SCHEDULED AUTOS (Per perwn)
HIRED AUTOS BODILY INJURY E
NON-OWNED AUTOS (Per acutlenp
PROPERTY DAMAGE E
(Per ectltlenl)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT E
ANY AUTO OTHER THAN f
AUTO ONLY: AGG 8
E%CE881UMBRELU LMBILITY E
OCCUR ~ CLAIMS MADE A R T E
E
DEDUCTIBLE E
RETE 1 E
WORKERS COMPENMTION AND .T4 U- 07 -
T
EMPLOYERS' LIABILITY
I
TOR/PARTNER/EXECUTIVE EL EACH ACCIDENT S
ANY PROPR
E
OFFICER/MEMBER EXCLUDEDT E.L. DISEASE-EA EMPLOYE f
If yea, tleeal0e antler
PE IAL PR I N Eebvi E. L. DISEASE-POLICY LIMIT E
OTHER
DESCRIPTION OF OPERATIONSRACATIONSNEHICLESIE CLU810N8 ADDED BY ENDOR&EMENTI8PECIAL PROVISIONS
The certificate holder is an addituonal insured for general liability only with respects to the ongoing operations of
the named inaurad. ~.
Landowner
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Aspen Parka Department E%PIRATON DATE THEREOF, THE 188UIN0 INSURER WILL ENDEAVOR TO MAIL
130 South Galena St 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
Aspen, CO 31612 FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANV KIND UPON THE
Battler, CPCU, CIC/
ue~l9°l7°3'~) ®ACORD CORPORATION 7888
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this
certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an
endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such
endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing
insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively
amend, extend or alter the coverage afforded by the policies listed thereon.
zs Izoovoai
INS0261otael.oee
000° 18
FW: river outfitters
Page 2 of 3
VM--This is new tome & comes from Scott Thompson our swift-water rescue guru.........]'ll research a bit ....Then 1 think this
needs to be attached to Pro river guides as part of the application.....T. Grady
-----Original Message-----
From: Scott Thompson [mailto~sthompson basa$fire org]
Sent: Tuesday, June 03, 2008 8:20 AM
To: Tom Grady
Subject: FW: river outfitters
Grady you might want to send this up the flag pole to Bob. I had never heard
of this State Statute. It would be good cost recovery for agencies involved
with licensed guide trips. This is very similaz to the Haz-Mat Statute which
we use often. Scott
In light of yesterday's incident, I thought it pmdent to share this
information with you. Apparently the State Search and Rescue fund will not
cover rescues associated with licensed guide trip and i[ is intended only
for volunteer search and rescue organizations anyway. However, this statute
below allows for any govemmental entity involved in a rescue resulting from
a guided service to cost reimbursement
Barry Smith, Director
Emergency Management
P.O. Box 850
Eagle, CO 81631
(970) 328-3545 Office
(970)328-8694 Fax
-----Original Message-----
From: Steve Denney [mailto:St_eve_Denney state.co.us]
Sent: Monday, June 02, 2008 4:29 PM
To: Bany Smith
Subject: river outfitters ~~~~ /+
33-32-108(2) '-~ ~~ ~I~ ~~LY/t/lil.~
(2) (a) Any actual expenses incurred by a govemmental entity for search and ~ _'U9-FO
rescue efforts stemming from any river conning activity conducted for '`~ ~ ~^' Y~l'~-~
consideration by a river outfitter pursuant to the provisions of this
article shall be reimbursed by said river outfitter. Such expenses shall
include but not be limited to hours worked fuel, a reasonable fee for use
of equipment, and equipment repair or replacement costs, if any.
(b) Pursuant to the provisions of pazagraph (a) of this subsection (2), any
expenses incurred by governmental entities stemming from search and rescue
efforts which aze reimbursed by a river outfitter shall be distributed as
follows:
OUQO19
6/23/2008
FW: river outfitters
(I) If to local law enforcement agencies, on a pro rata basis in proportion
to the amount of assistance rendered thereby;
(II) If to the division of parks and outdoor recreation, credited to the
parks and outdoor recreation cash fund, created in section 33-10-] 11;
(III) If to the division of wildlife, credited to the wildlife cash fiord,
created in section 33-]-112.
(3) (a) (I) If an authorized representative of the division conducts an
inspection or investigation and determines that any provision of this
article or any regulation promulgated pursuant to this article has been
violated and that such violation creates or may create an emergency
condition which may have a significant adverse effect on the health, safety,
or welfaze of any person, then such authorized representative shall
immediately issue an order to the violating party to cease and desist the
violating activity.
(II) Any order issued pursuant to this pazagraph (a) shall set forth:
(A) The section of this article or the regulation promulgated pursuant to
this article allegedly violated;
(B) The factual basis for the allegation of a violation; and
-(C) A mandate that all violating activities cease immediately.
(III) (A) The recipient of any cease and desist order issued pursuant to
this paragraph (a) may request a hearing to determine whether a violation of
this article or of any regulation promulgated pursuant to this article has
actually occurred if such request is made in writing within thirty days
afrer the date of the service of the cease and desist order.
(B) Any hearing conducted pursuant to this subpazagraph (III) shall be in
accordance with article 4 of title 24, C.R.S.
(b) If a person fails to comply with a cease and desist order issued
pursuant to paragraph (a) of this subsection (3 ), the duector may request
the attorney general or the district attorney for the judicial district in
which the alleged violation occurred to bring an action for a temporary
restraining order and for injunctive relief to enforce such cease and desist
order.
(c) No stay of a cease and desist order may be issued until a hearing at
which all parties are present has been held.Source: L. 84: Entire article
added, p. 930, § ], effective May 9. L. 94: Entire section amended, p. 1229,
§ 7, effective July 1.
000020
Page 3 of 3
6/23/2008
FW: river outfitters
Cari Anne Holcomb
From: John Armstrong
Sent: Thursday, June 12, 2008 5:49 PM
To: Cari Anne Holcomb
Subject: RE: river outfitters
Page 1 of 3
Hi Cari Anne,
This is certainly of interest to me ,thanks for forwazding. Gary and I have talked and we believe
that the responsibility for rescue for a commercial entity should lie with the Colorado River Outfitters
license administered by Colorado State Parks.
Thanks again for all your efforts. We have no other pertinent concerns with WWS's application
and I hope you have received our latest Jaffe Pazk regulations which I have forwarded to you.
John Armstrong
618-9825
rom: Cari Anne Holcomb
Sent: Wednesday, June il, 2008 1:37 PM
To: Kris Jewkes; Ellen Anderson; Warren Rider; Open_Space_& Trails
Subject: FW: river outfitters
Hello All:
Tom Grady with the Sheriffs department sent us this information as we currently have a couple of river outfitters
who are required to gain BOCC approval to utilize Open Space & Trail Land along the Roaring Fork. We will be
including this as a condition of approval, but I thought the document might be of interest to you all.
THANKS
Cari Anne Holcomb
970.920.5092
From: Valerie MacDonald
Sent: Wednesday, June 04, 2008 8:06 AM
To: Cari Anne Holcomb; Lance Clarke
Subject: FW: river outfitters
FYI about rafting from the PCSO.
Valerie MacDonald
Special Event Permit Coordinator
970-319-6013
fax 970-920-5439
valeriem@co. pitkin.co. us
From: Tom Grady
Sent: Wed 6/4/2008 7:44 AM
To: Valerie MacDonald
Subject: FW: river outfitters
000021
6/23/2008
Name:
Project Address:
Type:
Permit Number
PITKIN COUNTY COMMUNITY DEVELOPMENT
Permit Receipt
RECEIPT NUMBER 00025870
Alexander S Gibsone Date:4/24/2008
NO ADDRESS ASSIGNED
check # 1036
Fee Description
Amount
0061.2008.PLAN PP- Flat Fee 785.00
Total: 785.00
PITKIN COUNTY CHECK REQUISITION
DATE: 6/24/08
AMOUNT: $41
(Please attach any appropriate papers)
CHARGE ACCT NUMBER: B 002.00.37001
PAYMENT MADE TO: Alexander Gibson Vendor #031243
0303 Grove Court
Aspen, CO 81611
REASON: Case # P061-08: Kiwi Adventure KO Whitewater Rafting (2008)
Special Review; over charged a flat fee.
DEPT. HEAD APPROVAL: Lance Clarke
v~ o~
(PLEASE SIGN AND DATE)
REFUND FEE DETAIL (com dev use):
•41.00 -FLAT FEE
INVOICE HAS BEEN
CREATED IN EDEN
BY COM DEV