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HomeMy WebLinkAboutR92-075 special use permit for Andrew Lane Water Ski Lake and WetlandsC C Commissioner � moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO G rJ UO W kG rc r Q. U W h� U� 2 01 C) M W IR � ti i w i m� �W �2 r � �h RESOLUTION NO. 92 APPROVAL OF SPECIAL USE PERMIT Andrew Lane - Water Ski Lake and Wetlands ^? FILE NO. ZS- 315 -91 rz WHEREAS, Andrew (Ace) Lane ( "Applicant ") did file an appli- cation with the Eagle County Department of Community Development on or about November 11, 1991, for a Special Use Permit for a private water ski lake within a Resource Zone District, in the unincorporated area of Eagle County described as follows: See Exhibit " A " attached hereto and incor- and porated herein by this reference. WHEREAS, based on the evidence, testimony, exhibits, study of the Master Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, comments of public officials and agencies, the recommendation of the Planning Commission, and comments from all interested par- ties, the Board of County Commissioners of the County of Eagle, State of Colorado ( "the Board "), finds as follows: 1. That proper publication and public notice was provided as required by law for the hearings before the Planning Commission and the Board. 2. That the proposed special use conforms to the require- ments of Section 2.09 of the Eagle County Land Use Regulations, which are incorporated herein as if set forth with particularity. 3. That the proposed special use will be compatible with existing uses in the area. 4. That the following have been considered: The potential effect of the use on the character of the neighborhood, adequacy of access to and from the area, appropriate- ness of the physical arrangement of the use on the proposed site, and consistency with the Master Plan and the environmental impact report. 1 5. That for the above - stated and other reasons, the pro- posed special use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Eagle County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the application of Andrew (Ace) Lane, File No. ZS -315- 91, for a Special Use Permit for a private water ski lake within the Resource Zone District described herein, be approved, subject to the conditions as set forth herein. THAT, the following conditions shall be placed upon this approval and that violation of any condition shall be the basis for revocation of the Special Use Permit: 1. The twenty -acre illegal parcel located on the subject property, in the vicinity of the proposed lake, will either be increased in size to at least 35 acres, or be dissolved. This shall be documented through a recorded Warranty Deed or Deeds. 2. The Applicant will have all appropriate water rights in place and an approved augmentation plan, or establish a letter of credit and reclamation plan satisfactory to the County Attorney and the County Engineer, before any construction takes place. 3. There will be no commercial operations associated with this project, including, but not limited to, ski clinics or ski schools for a fee, general concessions, ticketed events and admission charges. 4. A liner adequate to control seepage will be incorpor- ated into the construction of the lake. 5. The Applicant will comply with the requirements of the Army Corps of Engineers, Section 404 of the Clean Water Act,.and Nationwide Permit 26. 6. Access related to the project will be from the Appli- cant's access easement to the northwest of the lake. The agricultural access point just north of the lake will not be used for lake - related access. 7. The Applicant will follow the Wetland Mitigation and Wildlife Habitat Improvement Plan Lane Parcel dated July 1, 1991. 8. The Applicant shall construct and operate the lake and wetlands in accordance with all applicable local, State and Federal Regulations. m 9. All material representations made by the Applicant in the application and public meeting shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 10. Operations shall be limited to the hours between 7:30 a.m. and sunset. 11. The lake shall be limited to the use of one water ski boat at a time. 12. All water ski boats shall be AWSA certified tournament ski boats. Noise levels shall not exceed 75 decibels at 100 feet. 13. There shall be no artificial lighting of the lake for night -time water skiing. 14. The Applicant will produce and follow a mosquito and algae /weed /odor control plan acceptable to the County staff. THAT, this Permit shall be subject to periodic review by the Planning Department and shall be heard by the Board of County Commissioners only if complaints are received and not satisfac- torily resolved by the staff. That, the Board directs the Department of Community Develop- ment to provide a copy of this Resolution to 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, Stat of Colorado, at its regular meeting held the o day of , 1992. COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOAR\COUNTY COMMISSIONERS By: -3- L. `s}-Eta son, `C #'� irman County Commissioners Y .r 'George . Gates, Commissioner Donald H. elch, Commissioner Commissioner (o t 7 -C-S seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner George A. Gates ..� Commissioner Richard L. Gustafson .� Commissioner Donald H. Welch This Resolution passed by 6e k/i9-vd- * AQll.S vote of the Board of County Commissioners of the County of Eagle, State of Colorado. THAT, this permit shall be subject to periodic review by the Planning Department, and shall be heard by the Board of County Commissioners only if complaints are received and not satisfac- torily resolved by the staff. THAT, the Board of County Commissioners directs the Depart- ment of Community Development to provide a copy of this Resolu- tion to the Applicant. ZS- 315 -91 -4- GA 1 D 1 1 - : h DESCRIPTT A tract of land situate in Section 35 of 7bwnship 7 South,. and Section' 2 of 'Ibwnship 8 'South, Range ange 87 West, Meridian being more nge 87 West of the 6th Principal particularly described as follows: Beginning at.the southwest corner of said Section 35, thence + 670.16 feet along the west dine of said Section 2622.50 feet along he north: line of the S 1/2 of the S 5; thence S 88 °55+ 1/2 of the SWl E , of said Section 35; . thence S 00 ° 40'49" W 667.61 feet along the north-south centerline of said Section 35 the S 1/4 corner of Section 35, also being AP 1 of Tract 38 of said Section 2; thence S 00 1 - 6 of said Tract 38 to AP 6 of Tract 38, also bei W along line Of Lot 7 of survey approved b Surve n9 the northwest corner thence S 0 1'12'04" W 1319 y yor General on January 20, 1891; a point on the .45 feet along the west line of Lots 7 and 10 to State t norhwest boundary of Laural J. Estates Colorado; thence along the north County Of Eagle, Estates the following nineteen (19) courses: and west boundary of Laura J. 1 ) N N 8 89 0 37 1 45" W 6 64.87 f feet; t thence 3) N N 8 E 3 364.73 f feet; t thence 4) S S 0 04 ° 50 1 45" E 5 52.54 f feet; t thence 6) S S 2 W 5 51.41 f feet; t thence 7) S S 0 00 ° 56 1 15" W 2 205.14 f feet; t thence 9) S S 1 E 9 90.55 f feet; t thence 10) S S 2 2 9 ° 14'15" W 9 90.82 f feet; t thence 12) S S 8 83 ° 162 .69 a ,feet; t feel= °;`'thence.... thence 13) S S 0 04 ° 36.83 f feet; t thence;° 15) S S 3 W 9 96.33 f feet; t thence 16•) S S 3 36'05' 15" W 1 104. 58 ' f feet; t . 18) S S 0 W 4 41.48 f feet; h hence 19) S S 3 3 ° 1 98 .55 f feet h the easterly right-of-way l line of Co foot r radius curve t to the l 1146.3,5 feet along . .0 right-of-way l a chord b bearing N N 27 5 50fg t 1 93 feet s r r E-wa Y line; t thence - - 39 W 1805.40 feet along s said easter�� Y radius c curve to the left, h ralong the arc of a 3 3860.00 foo tending a chord bearing N 39 ° 22 1 47" W 46 40 feet thence0 °41'19" and sub - S 8 I to 5 14 43 E 98.94 feet; thence N 18 0 48 1 19" N 25 ° 02 1 29" W 119.52 feet; thence N 09 0 45 1 49" N 04 W 44 feet; thence N 00 ° 57 1 26" N 18 ° 32'47" E 62.61 feet; thence N 18 ° 28'08" N 11 ° 37'20" E 206.63 feet; thence N 13 0 01 1 28" N 02 0 48'58" E 23.73 feet; thence N 27'14'26" N 12 38 10 E 49.39 feet; thence N 06 0 4930" N 1 8 ° 15 1 37" W 34.•10 feet; thence N 27 0 11 9 00" Tract 38; thence N on'45'00" W 67.58 feet; thence W 38 .25 feet; thence E 35.53 feet; thence E 84.30 feet; thence E 149.29 feet; thence W 178.15 feet; thence W 98.27 feet; thence W 31 .00 feet to the An 3 of AP 2 of Tract 38, also being he3southwest corner of Section 35, the 38 to of beginnir�, containing 206.047 acres more or less. �»i.nt Excert: a tract of lali3 less. r,.A1 W 67.58 feet; thence W 38 .25 feet; thence E 35.53 feet; thence E 84.30 feet; thence E 149.29 feet; thence W 178.15 feet; thence W 98.27 feet; thence W 31 .00 feet to the An 3 of AP 2 of Tract 38, also being he3southwest corner of Section 35, the 38 to of beginnir�, containing 206.047 acres more or less. �»i.nt Excert: a tract of lali3 less. r,.A1 .00 feet to the An 3 of AP 2 of Tract 38, also being he3southwest corner of Section 35, the 38 to of beginnir�, containing 206.047 acres more or less. �»i.nt Excert: a tract of lali3 less. r,.A1