HomeMy WebLinkAboutbocc.res.072.2008RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PTTKIN COUNTY,
COLORADO, GRANTING SPECIAL REVIEW USE APPROVAL FOR
ASPEN SEALS/WHITEWATER SLEDGING INC.
RESOLUTION N0.4~T~L-2008
RECiTALS
1. Aspen Seals/Whitewater Sledging L~a (Gary Pera) ("Applicanf') has applied to the Pitkin Cou~t}~
Board of Counh• Commissioners ("BOCC") to consider Special Review pursuant to Sections 4-30-
040(Q), 2-30-30(h) and 2-40-20(c) of [he Land Use Code for use of Stein Park, Jaffee Park and
Lot D, Aspen Village River Homes, as launching/take out areas for a commercial sledging
operation on the Roaring Fork River.
~. Stein Park, Jaffee Park and the Public Access River Easement on Lot D, Aspen Valley River Homes,
nezt to Gerbaz Sridge parcel are all located along the Roaring Fork Ri~'er.
3. Jaffee Park is zoned RS ?0; the pazcel described as Lot D, Aspen Village River Homes. PID # 2643-
06-401-009 is wned AR-10; Stein Park is zoned AR-10.
4. The BOCC heard this application at a duly noticed public hearing on June 25, 2008, at which time
evidence and testimom ~vere presented with respect to this application.
~. 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 IT RESOLVED by the Pitkin Count}~ Board of County Commissioners
that it does hereby grant Special Review Use Approval to Aspen Seals/Whitewater Sledging Inc. for use of
Jaffee Park, Stein Park and the Public Access River Easement located on the parcel };nown as Lot D, Aspen
Village River Homes as launching/take out areas for commercial river sledging operatiuns for the 2008
through 2Q13 summer seasons subject to the fullo~ving conditions, which shall run ~~~ith the land and be
binding on all successors in interest:
l, The Applicant shall adhere to all material representations made in the application and in 1he Public
Hearing.
^_. The Applicant shall adhere to all conditions of approval as set by the Open Space & Trails Pennit, as
attached in the Pitkin County Open Space and Trails Commercial Ra1~ Operator Agreement for 2008
(see Exhibit B) and in all subsequent Open Space & Trails approvals throu~h the ~013 season,
3. T'he Applicant shall on a y'early basis, obtain the necessar} authorization/pennit by the deadline
as set by the Open Space and Trails process.
4. The Applicant shall carry and provide proof of adequate Liability lnsurance, 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 ($SOQ for 2008)
to be used for maintenance and operation of facilities, restoration of vegetation if destro}ed as a
result of the rafting operations at ,laffee Park, or whtich may be forfeited for am violation of the
Applicant's Open Space and Trails, or County Pennit.
Resolution No. ?008
6. i he Applicant shall adhere to all of the City of Aspen's requirements fur commercial use of Stein
Park.
7. No commercial or client vehicles shall be parked at Steu~ Park, Jaffee Park or the Public River
Access Easement off Gerbaz Way. These sites ~vill be used only for loading and offloading.
8. The Applicant shall be subject to of the Colorado Revised Statute 33-32-108(2)(a), kno~in as the
State of Colorado Rules and Operating Procedures for the Cobrado 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 activity conducted by said Applicant.
9. Pursuant to Land Use Code Section Z-40-20(c), the approved special use, commercial sledging,
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 espire after any continuous rivelve (12) month period of non-
use.
I l. 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 fi~•e (5) ~~ear time
period ofthis approval.
IZ. Pursuant to Land Use Code 4-30-40(q)(2), in the event of a conflict bet~veen the provisions of this
resolution, and the terms of am~ 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.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
' i.
J c Hatfield,
Chauman
Date: 7~ /d ~~~
~~~
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
/ / ~
~~16't~~' 1 ~f._~'~ ~., C }l
Cindy Houben.
Commm~ity Development Director
~
Case #P067-08
PID# 2643-211-00-851