HomeMy WebLinkAboutbocc.res.037.2012 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO,GRANTING SPECIAL REVIEW USE APPROVAL FOR
ELK MOUNTAIN EXPEDITIONS,LLC
Resolution No.t 7 -2012
RECITALS
1. Elk Mountain Expeditions,LLC(James Foerster and Langdon Adams)("hereafter Applicants")
have 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 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-l0.
4. The BOCC heard this application at a duly noticed public hearing on March 28,2012,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 IT RESOLVED by the Pitkin County Board of County Commissioners
that it does hereby grant Special Review Use Approval to Elk Mountain Expeditions,LLC for use of Stein
Park,Jaffee Park and the Wingo Junction Boat Ramp as launching/take out areas for commercial river
rafting operations for the 2012 through 2016 summer seasons subject to the following conditions,which
shall run with the land and be binding on all successors in interest:
1. The Applicants shall adhere to all material representations made in the application and in the Public
Hearing.
2. The Applicants 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 2012 and in all subsequent Open Space&Trails approvals through the 2016 season.
3. The Applicants shall on a yearly basis,obtain the necessary authorization/permit by the deadline
as set by the Open Space and Trails process.
4. The Applicants shall carry and provide proof of adequate Liability Insurance, as required by the
County for all times of operations during the 2012 through 2016 seasons.
Resolution No. ' 31 -2012
5. The Applicants shall submit a$500 yearly deposit, as required by Open Space&Trails 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
Applicants' Open Space and Trails, or County Permit.
6. The Applicants shall adhere to all the City of Aspen's requirements for commercial use of Stein
Park including but not limited to:
A. Half Day trips shall depart at 8:00 a.m. or 12 noon time slot as the Applicants' proposed
time is currently occupied by another commercial operator.
B. Full Day trips departing from Stein are limited to 8:00 a.m. or 10:30 a.m. as all other
times are occupied by another commercial operator.
C. The commercial user shall apply for and complete the City of Aspen Rafting permit
application prior to operating.
D. Comply with the standards of the City's permit.
E. Complete a pre-season, on-site meeting with the City Ranger.
7. No commercial or client vehicles shall be parked at Stein Park, Jaffee Park or the Wingo
Junction Boat Ramp located off Hwy 82. These sites will be used only for loading and
offloading.
8. The Applicants shall be subject to of the Colorado Revised Statute 33-32-108(2)(a),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 activity
conducted by said Applicant.
9. Pursuant to Land Use Code Section 2-40-20(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.
11. The Applicants 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(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.
Resolution No. an -2012
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE 23'I DAY OF
FEBRUARY,2012.
APPROVED AND ADOPTED ON THE 28TH DAY OF MARCH 2012.
• EST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COLORADO
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J: .4 ette Jones, i _-A. - , �r�CI. ./ e/et !U/eee -�kai v
„.puty Clerk .. /
Date: �-/////02_
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
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Cll
John Ely, �m Y Houben,
County Attorney --
Community Development Director
Case#P009-12
PID#264321100851