HomeMy WebLinkAboutbocc.res.089.2005RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, GRANTING SPECIAL REVIEW APPROVAL FOR LAKOTA GUIDES
Resolution No. ~ -2005
RECITALS
Lakota Guides ("Applicant") has applied to the Pitkin County Board of County Commissioners
("BOCC") to consider Special Review pursuant to Section 3-210 of the Land Use Code for use of
Jaffee Park as a lauaching area for a commercial rafting operation on the Roaring Fork River.
2. Jaffee Park is located along the Roaring Fork River in Woody Creek, and is zoned RS-20 PUD.
The BOCC heard this application at a duly noticed public hearing on May 25, 2005, at which time
evidence and testimony were presented with respect to this application.
The BOCC has determined that the proposed use meets the criteria established in Section 3-210 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 Approval to Lakota Guides for use of Jaffee as a launchiug area for
commercial river-rafting operations subject to the following conditions, which 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.
The Applicant shall adhere to all conditions of approval in the Open Space & Trails permit as
attached (see Exhibit A).
The Applicant shall provide proof of insurance to Open Space & Trails prior to commencement
of operations for the 2005 rafting season.
The Applicant shall submit a $500 deposit to Open Space and 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 Applicant's Open
Space and Trails, or County Permit.
5. The Applicant shall not utilize Stein Park for commercial rafting operations.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE 24th DAY OF
APRIL, 2005.
APPROVED AND ADOPTED ON THE 25TH DAY OF MAY 2005.
ff//lEST:
e anett'e-J~nes,
puty Clerk
BOARD OF COUNTY COMMISSIONERS
OF PITK1N COUNTY, COLORADO
Chair
Date:
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
Cindy Houben,
Community Development Director
Case #P071-05
PID# 264321100851 & 264335300851
Piti.. County Open Space and Trail
Commercial Raft Operator Agreement
I, representing agree to abide by the
following conditions for operating at Jaffee Park. Failure to agree to these conditions, or adhere to any of these
conditions, may result hq the revocation of 's authorization and
permit to operate at Jaffee Park.
Specific Conditions For Jaffee Park Commercial Raft Operators
1. Parking is prohibited for all commercial outfitting vehicles. Vehicles used for commercial purposes
may load and unload guests and equipment, according to the following guidelines:
· N° perm/tree wiI1 pr°ceed to the Jaffee Park boat ramp until such time as it is clearly evident that
space is available for them to load/unload safely. The ramp area will be kept clear at all times for
loading and unloading activities.
· The ramp area is to be used for loading mad unloading only. Loading/unloading time shall not exceed
30 minutes.
· No vehicles will be left unattended at anytime. Attended vehicles will not be 1eft in the ramp area or
adjoining loop 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 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 Jaf£ee Park expe~ences a high level
of activity from bears. Therefore, it is imperative that no food be left behind in the Park.
4. Commercial permit holders are required to keep a detailed log of daily commercial activities at Jaffee
Park, including: date and t/me, use (put-in or take-out), type of trip (i.e., half day float) number of boats,
number of guests, number of staff. Permit holders are also required to submit the same information for
landing at Wingo Junction and for launching at Stein Park (Slaughterhouse). This information may be
reported on the same log that is subm/tted for Jaffee Park uses. Signed reports must be submitted to the
Open Space and Trails adm/nistrative office at fax number 920-5198 or e,mailed to
barbd(~,co.pitldn.co.us every Tuesday, for activity for the previous week (SUn-Sat). Permittee's should
use the attached log, use the e-mail address above to request an electronic logsheet.
5. Permittee must pay a user fee equal to $1.00 per guest taken by permittee during the permitted year, for
the total number of guests. This fee is due by October 1, 2005, and must comport with the weekly use
logs submitted for the year.
6. Permittee ~e 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 to the Open Space and Trails office by May 1, 2005.
7. Permittee are required to a $50 application, fee and a $50 Wingo 7unction referral fee, due at the Open
Space and Trails office by May 1, 2005.
8. Perm/tree mast provide Pitkin County w/th certificates of liability insurance hadicating Pitldn County,
Aspen Valley Land Trust and the US Government as additionally insured parties for the/r insurance
po!icy.
9. Permittee must provide the County with a copy ofthe/r 2005 Colorado River Outfitters License.
10. Ali permittees shall abide by the rules and regulations for use of the boat ramp and Jaffee Park which
may be established from time to time by the Open Sp ace and Trails Board and/or the Board of County
Commissioners. Ail permittees are responsible for educating their employees about these mles and
regulations. Violation of these r% xtions may result in revocation of corr~ ;rcial permits and will be
taken into account for future applications for certification to use Jaffee Park. A
11. Ail permittees must pay for the installation 0fa porto-potty by Blazing Adventures. Each permittee will
pay an equal share for the cost of installing and serv/cing the porto-potty, wttich will be due to Bob
Harris at the end of the season.
General Conditions
1. No implied rights or reservations are granted for parking spaces. Admission is on a first-come first-served
basis.
2. All participants in the activity agree to abide by and obey all rules and regulations of PitkLn County Open
Space and Trails, as specified in Title 12 of the Pitkin County Code, and any other regulations that may
apply, including Adopted Management Plans for the property being used, and posted regulations.
3. ApProval t9 hold th/s activity does not imply that extra services will be provided nor does it place any
additional liabilities on Pitldn County Open Space and Trails.
4. The permJttee agrees to hold harmless and indemrfify Pitldn County Open Space and Trails and its staff
from any death, injury or property damage occurring as a result of this activity.
5. The permittee shall supply all necessary manpower and equipment to safely conduct this activity. The
permittee shall be responsible for any and all damage to park resources and/or facilities that result from th/s
activity.
6. The area in wkich the activity takes place shall be cleaned up and restored to its prior condition, upon
completion of the use.
7. Pitkin County Open Space and Trails maintains the right and authority to amend or cancel this permit at any
time should the applicant fail to abide by conditions agreed to or if ~ublic health, safety and welfare so
dictate.
8. This permit does not grant exclusive use of the site. Permittee shall ensure that the rights and privileges of
other park visitors are recognized.
9. Permittee must demonstrate possession of applicable perm/ts at ail times during the permitted activity and
present such permits upon request.
10. Permittee agrees to not disturb the natural or man-made features of the property.
11. Permittee agrees to not interfere with any other uses occurring on the property.
12. Permittee will not broadcast any audio on the property, or have any lights on the property without first
obtaining spec/al permission from OST.
13. Permittee will not remove any plant or item from the property without special permission from OST.
14. An OST Ranger or other staff may be present and check on permitted activities.
Signature .
I have read the above stated condition and agree to adhere to them.
Signature of Applicant Date