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Home My WebLink Aboutbocc.res.117.2008. ._ ~m.. _..~ RECEPTION#: 554949, 12l11/2008 at 10:38:12 AM, 1 oF 5, R$0.00 Doc Code RESO~UTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMNIISSIONERS OF PTTHIN COUNTY, COLORADO, GRANTING SPECIAL REVIEW APPROVAL FOR OUTDOOR RECREATIONAL USE FOR ASPEN CYCLING CLUB, INC. RACE SERIES RESOLUTIONNO.//rI -2008 RECTTALS Aspen Cycling Club, Inc. ("ApplicanP') has applied to the Pitkin County Boazd of County Commissioners (`BOCC") to consider Special Review For Outdoor Use pursuant to Sections 4- 30-040(Q), 2-30-30(h) and 2-40-20(c) of the 2006 Land Use Code for use of vazious County roads and select Open Space & Trails properties on which to hold their annual, summer race series. 2. The BOCC heazd this application at a duly noticed public hearing on October 22, 2008, at which time evidence and tesrimony were presented with respect to this application. 5. The BOCC has determined that the proposed use meets the criteria established in SecUons 4-30- 040(Q) and 2-30-30(In of the I,and Use Code, and therefore found the proposal to be appropriate. NOW THEREFORE BE TT RESOLVED by the Pitkin County Boazd of County Commissioners that it does hereby grant Special Review Use Approval to Aspen Cycling Club, Inc. for use of various County roads and select Open Space & Trail properties as locations for their annual, suuuiier race series 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 Heariog. 2. 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. 3. The Applicant shall adhere to all conditions of approval as set by the Open Space & Trails Permit, as attached in the Pitkin County Open Space and Trails Special Use Agreement: Non-Commercial Activity for 2008 (see Exhibit A) and in all subsequent Open Space & Trails approvals through the 2013 season. 4. The Applicant shall on a yeazly basis, submit by March 1 s`, the documentation necessary to obtain authorization and/or a permit from the Open Space and Trails Department. Approval must be obtained prior to the kickoff of the race series. 5. The Applicant shall on a yeady basis, submit by March 1", to the County Engineer for review and approval the race routes, the Safety Plan and Transportation/Traffic Control Plan. The Applicant shall adhere to all conditions of approval as set by County Engineer for all approvals through the 2013 season. 6. The Applicant shall be required to submit to the County Engineer a full Manual of Uniform Traffic Control Device compliance plan if any instances of traffic control failure occur. 7. Pursuant to Land Use Code Section 2-40-20(c), the approved special use, summer race series, shall begin within three (3) years following the date of approval, or the approval shall become null and void. i~Q~~QLfI Resolu[ion No.~~-2008 8. The Special Review Use approval shall expire after any conrinuous rivelve (12) month period of non- use. 9. 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) yeaz time period of this approval. 10. Pursuant to Land Use Code 4-30-40(q) (2), in the event of a conflict beriveen the provisions of this resolurion, 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 TI~ 21st DAY OF SEPTEMBER, 2008. APPROVED AND ADOPTED ON THE 22ND DAY OF OCTOBER, 2008. APPROVED AS TO FORM: ~-- --- _ .~ .~___/ John Ely, ~ Ge~ntyAitorney Case #P101-08 PID# 2737-202-00-856 BOARD OF COUNTY COMMISSIONERS OF PI"I'KIN COUNTY, COLORADO ~ ~ ~ J Hatfield, irman Date: ~/ ~,~ S/O ~' ~~ APPROVED AS TO CONTENT: C~` Cmdy Hou en, Community Development Director `J~t)(?~?~i ~ `~t[w p~ pTT C ~~~_~«~~~` Pitkin County Open Space and Trails 530 East Main Street, 3`~ Floor Aspen, Colorado 81611 Special Use Agreement: Non-Commercial Activity ` When signed by an agent of Pitkin County Open Space and Trails, this special-use agreement permits the named parties to conduct the listed activities as described in the attached Operating Plan. These activities are limited by the terms, conditions and stipulations listed on the reverse side. Name/Gontact Intormation Aspen Cycling Club (Mike Pritchard) P.O. Box 9092 Aspen, CO 81612 aspencycl i ngclub C~yahoo.com 948-3486 Name of Activity SUMMER RACE SERIES Location of Activity 4 LOCATIONS ON PITKIN COUNTY OPEN SPACE AND TRAILS PROPERTIES Activity Dates & Times MAY THROUGH SEPTEMBER ~ General Conditions for All Specia) Use 1) No implied rights ar reservatbns aie granted for parking spaces. Admisslon is on a ikst-come first•served basis. z) Ail parlicipanis in ihe activity agree to abide by and obey all rules and regulations of Pilkin County Open Space and Trails, and any other regulations that may appiy. 3) Approval to hold ihis activiry does not impty ihat extra services will be provided nor does it place any addilional liabildies on Pitkin County Opan Space and Trails. a) The permiliee agraes to prowde signage regarding the activity ona week prior to the acti~nry should OST staf( delermine it is necessary ro minimiza use conilfcts. 5) Tha permittee agrees to hold harmless and indemnity Pitkin County Open Space and Trails and its stalf irom any death, injury or property damage occurring as a result of lhis activity. s) The permittee shall suppty all necessary manpower and equipment to safely conduct this activity. The permitlee shall be responsible for any and all damage fo park resources andlor facilities ihat resuit from this aciiviry. 7) All Pilkin County ordinances and Colorado statutes apply. 8) me area in which the activity lakes place shall be cieaned up and restored to its prior condition. s) Entry to a property/park may be prohibited when the propertylpark is at capacity. Exceptions are not made for special actNities. 10) Pitkin Couniy Open Space and Trails maintains the right and authority to amend or cancel ihis permit at any iime should the applirant fail to abide by conditions agraed to or if public health, safery and welfare so dictate. 11) The permiltea may be assessed an Impact Fee tor extra services provided by Pitkin County Open Space and Trails. Payment, if required, is due upon submittal of ihis application unless other arrangaments have been approved. t2) This permit does not grant exclusive use of 1he site. Permittse shall ensure thai ihe rights and privileges oi other park visitors are recognized. 13) Permittee must demonstrate possession of applicable permits at all times during the permitied actNity and present such permits upon request. Additionai Terms, Conditions and Stipulations • The Cycl(ng Club will give a thorough orientation to all riders on safety aspects of the trail's use. The Cyciing C~ub will stress the fact ihat all Open Space trails wili always remain open for public use and that trail use must not be inhibited. . The Cycling Club will notice all itineraries at the point in which ihe event enters Open Space and Trails properties. The notices will be laminated notlces in large, 6old print and the notices wili be prominently placed on lathes or posts. All postings must be removed immediately following the event. • The Aspen cycling ciub must post the Brush Creek Event on laminated notices posted prominently at the beginning of the Brush Creek Trafl at the intercept lot and at the boitom of the trail on the south side of Colorado SN 82 at the Cottonwood Grove. Posting Is also requfred at the top ot the Brush Creek Trail at ihe Seven Star property above the bridge. These postings must be removed immediately following fhe event. • All neighbors having driveway access along the Brush Creek Trail must be notified prior to the event. • An event marshal must be posted at the beginning and end of the Brush Creek Trail throughout the entire event to notiiy any trail users of the event. The Trail will remain open to the public at all times. . On the Hunter Creek Cut-off, an event marshal will be statfoned at the bottom of ihe Hunter Creek Cut-Off road below where the event enters Open Space and Trails property in the Hunter Creek Valley to verbally warn trail users that they may encounter the downhill participants. • On the Rio Grande Trail Event, a marshal will be stationed at Stein Park to inform trail users that they may encounter bicycle traffic riding uphill on the traii. By signing below, 1/We agree the permitted activity subject to the terms, conditions and stipulations detailed above. ~ /o-~3-z MrG~~ PQ~~c(tq2A~f}S~'~ ~Y~~/^~G CG~Q Applicant Date Pitkin County Open Space and Treils Authorization _,~ 7 ,. _-~. n~~~~ OST . a Date ~