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HomeMy WebLinkAboutR20-067 Walking Mountains Science Center - Sweetwater SUP File no. ZS-9001 Eagle County, CO 202015570 DocuSign Envelope ID:E2FCFOCA-A20C-4AA3-8CB9-E29COE6DEE9C Regina O'Brien 09/09/2020 Pgs: 6 03:33:44 PM REC: $0.00 DOC: $0.00 Commissioner McQueeney moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE,STATE OF COLORADO RESOLUTION NO.2020- 067 RESOLUTION FOR THE APPROVAL OF THE SPECIAL USE PERMIT FOR WALKING MOUNTAINS SCIENCE CENTER-SWEETWATER LOCATION Eagle County File No.ZS-9001 WHEREAS,on or about January 29,2019,the County of Eagle,State of Colorado,accepted for filing an application submitted by Walking Mountains Science Center(the"Applicant") for approval of a special use permit (the "Special Use") for the Walking Mountains Science Center- Sweetwater Location,located at 776 Sweetwater Road,and legally described as: Tract: 43 Township: 4 Range: 86 Part Of Section: 8 Township: 4 Range: 86 SW1/4 NE1/4,PCLIN Lot 16&Lots 2-4 containing approximately 224 acres(the"Property"); and WHEREAS,the Special Use proposes a year-round resort recreational facility on the Property consistent with the approved Operations Plan attached as Exhibit A.The proposal consists of day and overnight camps, including eight tent platforms,two yurts,and one multipurpose education center containing a kitchen, restrooms and meeting space.The Special Use also includes up to two special events each year with up to 300 attendees.The camp and special events would be operated by the Applicant;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 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 of the County of Eagle(the"Board");and WHEREAS,at its public hearing held on December 4, 2019,the Planning Commission,based upon its findings,recommended approval with conditions of the Special Use;and WHEREAS, at its regular public hearings of June 9, 2020, and June 16, 2020, tabled from February 4, 2020, February 25. 2020, and May 5, 2020, the Board considered the Special Use; associated plans; the statements and concerns of the Applicant,the Eagle County Planning Division and Engineering staff, and other interested persons; and the recommendation of the Planning Commission;and 1 DocuSign Envelope ID:E2FCFOCA-A20C-4M3-8CB9-E29COE6DEE9C WHEREAS,based on the evidence,testimony,exhibits, and study of the 2005 Eagle County Comprehensive Plan for the unincorporated areas of Eagle County, as well as the comments of the Eagle County Planning Division, 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 the 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. The Sweetwater area does not have a subarea plan associated with it.Thus,the Special Use is in substantial conformance with applicable policies within the 2005 Eagle County Comprehensive Plan. B. Compatibility. Pursuant to Section 5-250.B.2, the Special Use will not negatively impact adjacent lands.The Special Use is adjacent to Anderson Camp,an existing overnight camp as well as low density residential,and federally owned public lands.The Special Use will likely consist of up to eight temporary tents and platforms for a maximum of 5 to 6 children per tent and two permanent yurts to serve a maximum of 48 children and staff, in total, for a weekend, multi-night camping during the school year and week-long summer camps. In weighing the potential impacts of the Special Use, staff finds that the proposed Operations Plan, the utilization of fire resistant materials, and the location and orientation of the multipurpose education center and tents mitigates potential impacts. 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 with conditions two and three. 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. Day camps will allow for up to 60 students and associated staff.Thus,the Special Use does comply with the standards of the zone district in which it is located and the standards applicable to the particular use with conditions two and three. D. Design Minimizes Adverse Impact.Pursuant to Section 5-250.B.4,the design of the Special Use, reasonably avoids adverse impacts, including visual impacts of the Special Use on adjacent lands as the Applicant selected the location of the parking area and future multipurpose education center to minimize site disturbance, to create a compact development footprint, and to limit the visibility of the improvements from adjacent roadways and properties. The Applicant will also utilize bear resistant trash containers, approved by the Interagency Grizzly Bear Committee to minimize adverse impact. Traffic, service delivery, parking and loading, odors, noise, glare, and vibration will not otherwise cause or create a nuisance based on the Operations Plan,attached as Exhibit A. 2 DocuSign Envelope ID:E2FCFOCA-A20C-4AA3-8CB9-E29COE6DEE9C E. Design Minimizes Environmental Impact.Pursuant to Section 5-250.B.5,the design of the Special Use, minimizes environmental impacts and will not cause significant deterioration. Over time,improvements to reclaim,revegetate and sustain the natural environment of the site have been or will be made.The Applicant supplied an environmental impact report which demonstrates that the Special Use will minimize potential environmental impacts to scenic resources among other potential environmental impacts based on: 1) the overall design of the project; 2) the scale; and 3) the location of the project relative to surrounding existing and future uses.If the Applicant decides to irrigate land by installing an irrigation system,it must use the existing surface water rights it possesses,comply with the requirements of the augmentation plan approved by the Water Court in Case No. OOCW15, or obtain a new augmentation plan depending on how much property the Applicant desires to irrigate.When the Property is developed for the multipurpose education center, a geotechnical report is required for the building permit which would indicate any hazards that must be mitigated. The site is 224.125 acres and the Applicant is planning to utilize up to 11 acres for structures, camping and trails.An alternative site can be located if the proposed one is found to have geotechnical issues at the time of building permit. Thus the 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 will be adequately served by Emergency Services because while the Property is located in a remote area with slower response times, the camp staff is trained in first aid and CPR. The Special Use will be adequately served with Potable Water and Wastewater Facilities because the existing well permit is for indoor use only, including two showers to be located in the multipurpose education center. The Special Use will be adequately served by Roads and Pedestrian Paths because the roads leading to the Property have the capacity for the estimated 13 vehicle trips per day, including pick up and drop off for campers, staff, and deliveries. Any event that it could potentially generate more than 20 cars, including staff, would require carpooling or bussing.The pathways to the proposed multipurpose education center are proposed to be a dirt and crusher fine.The Special Use will be adequately served with Parks and Schools because the Special Use is part of the Walking Mountains Science Center and will have a positive impact on the Eagle County School District by providing opportunities for student field trips. The Special Use will not have impacts on parks nor is there a requirement for additional parks.Given the nature of the Special Use,with the limited number of camp activities throughout the year and well trained camp facilitators,there will be little impact on emergency services,water,wastewater facilities,pedestrian paths,parks, and schools. 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.To meet the Off-Street Parking and Loading standard,the Applicant applied for and was granted by the County Engineer an Administrative Variance (the"Variance")to the Commercial Driveway Width Standards.Per condition four, the Engineering Department supports the position of the Gypsum Fire Protection District and supports the Variance with the understanding that the Variance is only for the Special Use. The driveway will be re-evaluated at the time of building permit depending on what is proposed. The Special Use meets the Landscaping and Illumination standard because the Applicant will work with Colorado Parks and Wildlife on restoring the existing meadow and enhance the natural environment to encourage wildlife habitat. Minimal "Dark Sky"compliant lighting will be incorporated into the buildings at the time of building permit and the minimal bollard lights are anticipated for the parking areas and 3 DocuSign Envelope ID:E2FCFOCA-A20C-4AA3-8CB9-E29COE6DEE9C pathways.At the time of building approvals,a more detailed landscape and lighting plan will be provided. The Special Use meets the Sign Regulations standard because any future proposed signage would comply with the ECLUR Site Development Standards, as amended. The Applicant met the Natural Resource Protection standard because the Applicant supplied an environmental impact report which demonstrates that the Special Use will minimize potential impacts natural resources and other potential environmental impacts,as noted in ECLUR Standard 5-250.B.5. The Special Use will meet the Commercial and Industrial Performance standard because the site will be constructed and operated to meet or exceed all performance standards set forth in the ECLUR Division 4-5.The only noise generated by this facility will be that of a typical camp facility.The multipurpose education center will not generate any vibrations, smoke or particulate matter, toxic or noxious matter, odorous matter,explosive hazards,glare,heat,liquid or solid waste or radioactive materials.However, there will be campfires when allowed per any applicable fire restrictions.The camp facility will not impair any adequate supply of light or air, nor diminish or impair property values within the neighborhood. The Special Use meets the Improvements Standards because the roadway to the multipurpose education center has already been improved and approved by emergency service providers for adequate access. The existing access road and parking lot will be utilized to access the site during the construction of the multipurpose education center and during operations,which will involve minimal traffic.Thus,as conditioned,the proposed Special Use will comply with all applicable standards in the ECLURs, Article 4, Site Development Standards. H. Other Provisions. Pursuant to Section 5-250.B.8, the site must 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 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 meeting shall be adhered to and considered conditions of approval. 2. No more than eight(8)tents are allowed on site.All tents are temporary which means they are in place 180 days or less and shall be in compliance with International Fire Code chapter 31.The tents will have a maximum occupancy of six(6)campers and staff.All tent platforms will be no higher than 29 inches above ground.If the Applicant uses the tents on a permanent basis (more than 180 days),it shall obtain all necessary permits including but not limited to an Eagle County building permit. If construction of the platform(s) requires them to exceed 29.99 inches in height, the Applicant shall obtain all necessary permits including but not limited to an Eagle County building permit. 4 DocuSign Envelope ID:E2FCFOCA-A20C-4AA3-8CB9-E29COE6DEE9C 3. If the Applicant requires the yurts on a permanent basis,it shall obtain all necessary permits including but not limited to an Eagle County building permit. 4. The approved driveway variance is for this Special Use Permit only.The driveway will be re- evaluated by both the Eagle County and the Gypsum Fire Protection District if a building permit for the property is submitted for occupied building construction based on the proposal. 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 8th day of September, 2020, nunc pro tunc June 16,2020. COUNTY OF EAGLE,STATE OF COLORADO,By and Through Its EAG(EcoG BOARD OF COUNTY COMMISSIONERS ATTEST: r—DocuSigned by: By: DocuSigned by: _ c0 t YI,QMILIA k R NC). • Certf1452thrlgtihrd Kat' •FP tiEffet44PFenry County Commissioners Chair c—DocuSigned by: $tfe°l et febney Commissioner r—DocuSigned by: St tw Ma A-gelteronsE0473.. Commissioner 5 DocuSign Envelope ID:E2FCFOCA-A20C-4AA3-8CB9-E29COE6DEE9C Commissioner Scheer seconded adoption of the foregoing resolution.The roll having been called,the vote was as follows: Commissioner Chandler-Henry Aye Commissioner McQueeney Aye Commissioner Scherr Aye 6