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HomeMy WebLinkAboutR20-018 Approval of the SUP File No. ZS-6443 Nova Guides f CDti ti Commissioner s `tnoved adoption M of the following Resolution: CO o N N •i N - o BOARD OF EAGLE COUNTY COMMISSIONERS o COUNTY OF EAGLE,STATE OF COLORADO d RESOLUTION NO.2020- U I 0 O U � RESOLUTION FOR THE APPROVAL - c 0 o0 OF THE SPECIAL USE PERMIT 0OU ca ul teu) FOR NOVA GUIDES °' w Ce0 Eagle County File No.ZS-6443 WHEREAS, on or about August 15, 2016, the County of Eagle, State of Colorado, accepted for filing an application submitted by Nova Guides, Inc., (the "Applicant") for approval of a special use permit for the Nova Guides,located at 7088 Highway 24,and legally described as: The Northerly portion of Tract 43, Township 7 South, Range 80 West of the Sixth Principal Meridian, Eagle County, Colorado, being more particularly described as follows: Beginning at Corner No. 1 of said Tract 43; thence along the Northerly line of said Tract 43 S 88 degrees 56' W 1320 feet to Corner No. 2; S thence along the Westerly line of said Tract 43 S 02 degrees 47' E 1650 feet; thence departing said Westerly line N 88 degrees 56' E 1120 feet; thence N 02 degrees 47' W 900 feet; thence N 88 degrees 56' E 200 feet to the Easterly line of said Tract 43;thence along the Easterly line of said Tract 43 N 02 degrees 47' W 750 feet to The Point of Beginning, recorded February 21, 1995 and the Southerly portion of Tract 43, Township 7 South, Range 80 West of the Sixth Principal Meridian, Eagle County, Colorado being more particularly described as follows: All of said Tract 43 EXCEPT that portion described as follows: Beginning at Corner No. 1 of said Tract 43; thence along the Northerly line of said Tract 43 S 88 degrees 56'W 1320 feet to Corner No. 2; thence along the Westerly line of said Tract 43 S 02 degrees 4 7' E 1650 feet; thence departing said Westerly line N 88 degrees 56' E 1120 feet; thence N 02 degrees 4 7' W 900 feet: thence N 88 degrees 56' E 200 feet to the Easterly line of said Tract 43;thence along the Easterly line of said Tract 43 N 02 degrees 47'W 750 feet to The Point of Beginning,recorded March 27, 1995 (the"Properties"); and WHEREAS, the special use permit application proposes an outdoor recreational facility with special events and a year round restaurant in addition to the existing outdoor recreation activities as allowed by the existing Special Use Permits under Resolution No. 92-74 and Resolution No.97-117. (the"Special Use"); and WHEREAS, in accordance with Eagle County Land Use Regulations (the "ECLUR"), Section 5-210.E - Notice of Public Hearings, notice of the proposed Special Use application was mailed to all owners of property adjacent to the proposed Special Use and was duly published in a newspaper of general circulation throughout the County concerning the subject matter of the application and setting forth the dates and times of meetings for consideration of the applications by the Eagle County Planning Commission (the"Planning Commission") and the Board of County Commissioners 1 4 of the County of Eagle (the"Board"); and WHEREAS, at its public hearing held on December 18, 2019, the Planning Commission, based upon its findings,recommended approval with conditions of the proposed Special Use; and WHEREAS, at its regular public hearing of January 14, 2020, the Board considered the proposed Special Use; associated plans; the statements and concerns of the Applicant, the Eagle County Community Development and Engineering staff, and other interested persons; and the recommendation of the Planning Commission; and WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County, as well as the comments of the Eagle County Department of Community Development, comments of public officials and agencies, recommendation of the Planning Commission,and comments from all interested parties,the Board, finds as follows: 1. THAT, proper publication and public notice was provided as required by the ECLUR and state law for the hearings before the Planning Commission and the Board. 2. THAT, the application for Special Use for the Property complies with the standards in ECLUR Section 5-250.B-Standards for Special Use,as set forth below: A. Consistent with the Comprehensive Plan. Pursuant to Section 5-250.B.1,the Special Use, is in substantial compliance with the policies of the 2005 Eagle County Comprehensive Plan including the goals of Economic Resources, Emergency and Community Services and Infrastructure and Services. Specifically, as set forth in the staff report, the Special Use meets a preponderance of the master plan goals, policies and objectives. Thus, as conditioned, the Special Use is in substantial conformance with applicable policies within the Eagle County Comprehensive Plan. B. Compatibility. Pursuant to Section 5-250.B.2, the Special Use will not negatively impact adjacent lands. The United States Department of Agriculture Forest Service is the adjacent landowner. The Applicant possesses appropriate special use permits for its existing and proposed uses operated on the adjacent property ("USFS Property") and such uses are in concert with the additional uses contemplated in this application.Thus,the Special Use will be generally compatible with the existing and currently permissible future uses of adjacent land and other substantially impacted land,services, or infrastructure improvements. C. Zone District Standards. Pursuant to Section 5-250.B.3, the underlying Resource zone district for the parcel requires a special use permit.The Special Use meets the definition of a resort recreational facility, including not allowing more than 48 overnight guests and staff in total or more than 12 dwelling units. Thus, the proposed Special Use does comply with the standards of the zone district in which it is located and the standards applicable to the particular use,as identified in ECLURs. D. Design Minimizes Adverse Impact. Pursuant to Section 5-250.B.4, the design of the Special Use, as conditioned, reasonably avoids adverse impacts, including visual impacts of the Special Use on adjacent lands, including trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration and it will not otherwise cause or create a 2 0 nuisance. This property has operated as a recreation area since 1989 and has received multiple special use permit approvals as the uses have changed or expanded over the years the business has been in operation. The Applicant utilizes wildlife resistant trash enclosures, therefore there will be no adverse impacts from the addition of special events. There is no proposed expansion of the buildings for the special events. The outdoor special events utilize a white tent in case of inclement weather which is classified as a temporary structure since it will be erected for less than 180 days. The anticipated noise from the operation would consist of activities associated with snowmobiling, ATVs and outdoor special events. Snowmobiling and ATV use were previously approved as part of Resolution 97-117. The applicant must be in compliance with the conditions of the CDOT Access Permit, the most important of which will be the installation of a left turn deceleration lane. Service delivery will continue as it always has with no need for modifications to the subject property. Through condition three and implementation of appropriate design all potential adverse impacts to adjacent lands have been mitigated. E. Design Minimizes Environmental Impact. Pursuant to Section 5-250.B.5,the design of the Special Use,as conditioned, minimizes environmental impacts and will not cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. Over time, improvements to reclaim, revegetate and sustain the natural environment of the site have been made. The property received approval of a 1041 Permit for the construction of major new domestic water and sewage treatment plants to serve the Nova Guides, Inc.under Eagle County File No. 1041-0037 and approved with Resolution No. 2001-087. Per Condition four, the Applicant shall work with the Colorado Water Quality Control Division to determine which state requirements are applicable and address those requirements. Thus, as conditioned, the proposed Special Use will fully minimize environmental impacts, and will not cause significant deterioration of water and air resources,wildlife habitat,scenic,and other natural resources. F. Impact on Public Facilities. Pursuant to Section 5-250.B.6,the Special Use, as conditioned will be adequately served by public facilities and services,including roads,pedestrian paths, potable water and wastewater facilities, parks, schools, police and fire protection, and emergency medical services. Per condition three, the Special Use must be in compliance with the conditions of the CDOT Access Permit which requires the Applicant to install a left turn deceleration lane. Thus, as conditioned, the proposed Special Use will be adequately served by public facilities and services,including roads,pedestrian paths,potable water and wastewater facilities, parks, schools, police and fire protection, and emergency medical services. G. Site Development Standards. Pursuant to Section 5-250.B.7, the Special Use, as conditioned, is in compliance with Article 4 Site Development Standards. Per condition two, if an event occurs on the property consisting of 400 or more people, including staff and guests, the owner of the property shall obtain a Mass Gathering Permit.As part of the Mass Gathering Permit,a new traffic impact study may be necessary if the guests and staff are not shuttled to the property as outlined in the existing traffic impact study. The owner of the property must also demonstrate adequate parking on site for the event. Per condition three, the Special Use must be in compliance with the conditions of the CDOT Access Permit which requires the installation of a left turn deceleration lane. Thus, as conditioned, the proposed Special Use will comply with all applicable standards in the ECLURs, Article 4, Site Development Standards. 3 1 H. Other Provisions. Pursuant to Section 5-250.B.8, overnight guests were approved with the previous special use permit. However, the site must continue to limit the number of total overnight guests and staff to 48 people. No other provisions of the ECLUR for use, layout, and general development characteristics in addition to those already referenced and/or addressed have been found applicable to this application. Thus, the proposed Special Use does comply with all standards required by all other applicable provisions of the ECLURs for use,layout,and general development characteristics. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the County of Eagle,State of Colorado: THAT this application for a Special Use Permit is hereby APPROVED, subject to the following conditions, and that violation of any condition shall be the basis for revocation of the Special Use Permit pursuant to the ECLURs: 1. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in public meetings shall be adhered to and considered conditions of approval. 2. If an event occurs on the property consisting of 400 or more people, including staff and guests,the owner of the property shall obtain a Mass Gathering Permit.As part of the Mass Gathering Permit, a new traffic impact study may be necessary if the guests and staff are not shuttled to the property as outlined in the existing traffic impact study. The owner of the property must also demonstrate adequate parking on site for the event. 3. The Applicant must be in compliance with the conditions of the CDOT Access Permit. 4. The Applicant shall work with the Colorado Water Quality Control Division to determine which state requirements are applicable and address those requirements. THAT,this Special Use Permit shall be subject to review as provided for by the ECLUR. THAT, the Board directs the Department of Community Development to provide a copy of this Resolution to the Applicant. THAT,the Board hereby finds,determines and declares that this Resolution is necessary for the health,safety and welfare of the citizens of Eagle County. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 14th day of January, 2020, nunc pro tunc to the 1010 day of March, 2020. 4 COUNTY OF EAGLE,STATE OF COLORADO, By and Through Its cA EAGLEc BOARD OF COUNTY COMMISSIONERS ATTEST: • Clerk to the Board Kathy Cha ; -r-Henry ' 144% County Commissioners Chair a 1 —LA anne McQuee 'ommissioner MattScl - Commissioner Commissioner — seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner Chandler-Henry 444 Commissioner McQueeney • Commissioner Scherr " 5