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HomeMy WebLinkAboutbocc.res.082.2002 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,GRANTING SPECIAL REVIEW APPROVAL FOR THE USE OF WILTON JAFFEE PARK AND THE NORTHSTAR PRESERVE FOR COMMERCIAL KAYAKING OPERATIONS Resolution No.Q�-2002 RECITALS 1. Aspen Kayak School("Applicant')has applied to the Pitkin County Board of County Commissioners (`BOCC") for Special Review approval pursuant to Section 3-210 of the Land Use Code for use of Jaffee Park and the Northstar Preserve as a launching area for a commercial kayaking operation on the Roaring Fork River. 2. Jaffee Park is located in Woody Creek and the Northstar Preserve is located east of Aspen (both along the Roaring Fork River). 3. The properties are zoned RS-20 and AFR-10 respectively. 4. The BOCC heard this application at a duly noticed public hearing on March 27, 2002,at which time evidence and testimony were presented with respect to this application. 5. The BOCC continued the application until April 24, 2002, and it was continued again until May 8, 2002. 6. The BOCC has determined that the Applicant has received a permit from the Open Space and Trails Department and finds the use to be appropriate. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby grant Special Review Approval to Aspen Kayak School for use of Jaffee Park and the Northstar Preserve as a launching area for commercial kayaking operations 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 meetings, including but not limited to the installation of portable restroom facilities at Jaffee Park to the satisfaction of the Environmental Health Department. The Applicants shall pay the cost of such facilities. 2. The Applicant shall adhere to all conditions of approval in the Open Space&Trails permit as attached(see Exhibit A). Resolution No.M-2002 Page 2 3. The Applicant shall provide proof of insurance to Open Space& Trails prior to commencement of operations for the 2002 kayaking season. 4. The Applicant shall submit a$500 deposit to the Community Development Department to be used for restoration of vegetation if destroyed as a result of the kayaking operations at Jaffee Park or the Northstar Preserve. 5. The Applicant shall work with the other permitted rafting companies at Jaffee Park to formulate a parking and traffic flow plan to be submitted and approved by Open Space& Trails and Community Development prior to commencement of the 2002 kayaking season. Resolution NoAgg -2002 Page 3 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE 23rd DAY OF FEBRUARY 2002. APPROVED AND ADOPTED ON THE 8TH DAY OF MAY 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS OF P COUNTY, COLORADO //at, 4Ldee'R"'DeZan, Patty Kay-Clapp , Deputy Clerk and Recorder Chair Date: APPROVED AS TO FORM: APPROVED AS TO CONTENT: John Ely, Cindy Houben, Coun orney Community Development Director Case#P018-02 PID#264321100851 g: 092-2 Qrsa �- �CE AAr'r�' - aY n rN COv� May 1, 2002 Mr. Kirk Baker Aspen Kayak School 315 Oak Lane Aspen, Colorado 81611 RE: Commercial Use Permit Application for North Star and Jaffee Dear Mr.Baker: This letter certifies that the uses proposed in your application are consistent with the North Star Management Plan and the Open Space and Trails regulations stated in Title 12 of the Pitkin County Code. Conditions which must be met for authorized use by Aspen Kayak School are stated below. This Open Space certification is necessary in order to obtain a commercial use permit from the Community Development Department, in accordance with Pitkin County Code Title 12 and Pitkin County Land Use Code Section 3-210. Open Space and Trails staff and the County Wildlife Biologist reviewed your application and determined that the proposed use is consistent with the North Star Management Plan, Title 12 of the Pitkin County Code and with the protection of the conservation values of the North Star Nature preserve and Jaffee Park. Requirements of Aspen Kayak School: Aspen Kayak School will be required to comply with the following conditions for use at North Star: 1. All terms set forth in the North Star Nature Preserve Resource Management Plan (NSMP). 2. No access to the west side of the river. Open Space & Trails Program 530 E. Main, Suite 301 Aspen, Colorado 81611 ®PRINTED ON RECYCLED PAPER (970) 920-5232 3. Access to the east side of the river will be along access points 1 and 3, as identified in the NSMP. Beaching is permitted at those access points only. 4. Picnicking is not permitted at any time. 5. Commercial users are not permitted to leave any equipment at North Star 6. Commercial users must not leave any trash behind. Use at Jaffee Park must comply with the following conditions: 1. Parking is prohibited for all commercial outfitting vehicles. Commercial vehicles left unattended anywhere in the park are subject to ticketing and towing. 2. Commercial users are not permitted to leave any equipment at Jaffee Park. 3. Commercial users must not leave any trash behind. Please note that Jaffee Park experiences a high level of activity from bears. Therefore, it is imperative that all food not be left behind in the Park. 4. Commercial permit holders are required to keep a detailed log of daily commercial activities at North Jaffee Park, including: date and time, use (put-in or take-out), type of trip (i.e., half day float) number of boats, number of guests, number of staff. Signed reports must be submitted to the Open Space and Trails administrative office (Open Space and Trails, 530 East Main Street, Aspen, Colorado 81611) by August 30`h of each year. Reports must be accompanied with a user fee equal to $1.00 per guest taken by permittee during the permitted year, for the total number of guests. You may use the same reporting form as you use for the BLM provided that you include all of the information requested above, or you can contact Open Space and Trails for a form. Commercial permit holders 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 of Open Space and Trails properties. A surety bond of$500 is required to cover any potential impacts incurred by Aspen Kayak School. Authorized Use: The scope of use authorized by OST is as outlined both in the Management Plan and your application. Specifically, Aspen Kayak School is authorized to use the North Star Nature Preserve seven days a week, May 15 through September 20, 2002, from 10:00 AM to 5:30 PM, and Jaffee Park from May 15, through August 1, 2002 from 10:00 AM to 5:30 PM. Failure to comply with the above requirements may result in the revocation of this certification. Any violation of the regulations contained within the North Star Management Plan or Title 12 of the Pitkin County Code may result in fines as outlined in Pitkin County BOCC Ordinance#2001-020. Ten violations within one year will result in the revocation of your permit. OST staff and the County Wildlife Biologist have noted that you have demonstrated appropriate use of the property and good stewardship in the past. We thank you for your efforts and encourage you to continue to be a good steward of this special property. Please contact our office if you have any questions. Sincerely: 9 Da Will, Director Open Space and Trails cc: Brian McNellis, Community Development