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HomeMy WebLinkAboutC21-336 Term Water Ski LakeDocuSign Envelope ID: 1144F40C-C236-4F5B-B783-44241932B4A3 Commissioner moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO.2021- RESOLUTION TERMINATING SPECIAL USE PERMIT ZS-315-91 - WATER SKI LAKE AND WETLANDS WHEREAS, Woody Ventures, LLC and the Tree Farm RFV, LLC are the current owners of the real property described in the Special Use Permit described and defined below (the "Property"); and WHEREAS, Andrew Lane previously sought and obtained a special use permit for the operation of a private water ski lake on the Property (Eagle County File No. ZS-315-91) as set forth in Eagle County Resolution No. 92-75 recorded July 30, 1992, in the Eagle County Clerk and Recorder Records as Reception No. 482031, which is attached hereto and incorporated herein as Exhibit A ("Special Use Permit"); and WHEREAS, subsequent to the issuance of the Special Use Permit, the portion of the Property on which the lake is located became subject to the Tree Farm Planned Unit Development, as amended ("PUD"), originally approved by the Board of County Commissioners on June 26, 2017, and evidenced by Eagle County Resolution No. 2017-064 recorded in the Eagle County Clerk and Recorder Records as Reception No. 201718206; and WHEREAS, because the lake within the Property is now governed by the Tree Farm PUD, Andrew Lane, Woody Ventures, LLC, and Tree Farm RFV, LLC requested that the County extinguish the Special Use Permit for the Property, as it is no longer needed and is superseded by the PUD. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, the Special Use Permit (Eagle County File No. ZS-315-91) for the operation of a private water ski lake as set forth in Resolution No. 92-75, attached hereto as Exhibit A, and recorded on July 30, 1992 in the Eagle County Clerk and Recorder Records as Reception No. 482031 is hereby extinguished and terminated as to the Property. THAT, the Board of County Commissioners finds, determines and declares that this Resolution is necessary for the public health, safety, and welfare of the citizens of the County of Eagle, State of Colorado. DocuSign Envelope ID: 1144F40C-C236-4F5B-B783-44241932B4A3 MOVED AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the day of 52021. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: DocuSigned by: rt" t'Vj7Vit,& By: Clerk to P... County Commissioners Matt Scherr Chair DocuSigned by Jeanne NtcQtiaeu&yAA47A... Commissioner DocuSigned by: Kathy CLdh�t4lmvy Commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Chandler -Henry Commissioner McQueeney Commissioner Scherr This resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. DocuSign Envelope ID: 1144F40C-C236-4F5B-B783-44241932B4A3 EXHIBIT A Special Use Permit DocuSign Envelope ID: 1144F40C-C236-4F5B-B783-44241932B4A3 commissioner �- 6 `''"" moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO G RESOLUTION NO. 92 ti APPROVAL OF SPECIAL USE PERMIT'$ ` Andrew Lane - Water Ski Lake and Wetlands FILE NO. ZS-315--91 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 y private water ski lake within a Resource Zone District, in the I)-Q unincorporated area of Eagle County described as follows: See Exhibit "A" attached hereto and -incor- porated herein by this reference. and. WHEREAS, based on the evidence, testimony, exhibts,.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 'orovided as required by law for the hearings before the Planning Commission and the Board. C 2. That the proposed special use conforms to the.require-- 4 ments of Section 2.09 of the Eagle County Land Use Regulations, which are incorporated herein as if set zt forth with particularity. s 3. That the proposed special use will be compatible with w`I-I't existing uses in the area. 4. �h. 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. DocuSign Envelope ID: 1144F40C-C236-4F5B-B783-44241932B4A3 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 privai-e 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. S. The Applicant shall construct and operate the lake and wetlands in accordance with all applicable local, State ar:d.Federal Regulations. 4ER2031 8-5S5 P . f f DocuSign Envelope ID: 1144F40C-C236-4F5B-B783-44241932B4A3 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 stater ski boats shall be AWSA certif4e& tournament ski boats. Noise levels shall not, 8XCeea 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 ieview,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 Mat 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, 5tat of Colorado, at its regular meeting held the. day of 1992. !_, COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOA O COUNTY COMMTSSTnMRV1Q K erk to the Board of / `ihard L. t son, C my commissioners an and Section`"2 of Township 8 `South, Range 87 West of the 6th Principal Meridian being more particularly described as follows: Beginning at, the soukhwest corner of said Section 3S, thence N 02°07104" 5 670.16 feet along the west lime of said Section 35; thence S 88055151" E 2622.50 feet: along the nortn : line of the S 1/2 of the S 1/2 of the SW 1/4 of said Section 35;. thence S 00*40149" W 667.61 ;Feet along the north -south ' centerline of said Section 35-to the S 1/4 corner of Section, 35, also being AP 1 of Tract 38 of said Sec-fton 2; thence S 00*41138" W along'line 1-6 of said Tract 38 to AP 6 of Tract 38, also being the northwest corner of Lot 7 of survey approved by Surveyor General. on January 20, 1891; thence S 01012104". W 1319.45 feet along the west line of Lots 7 and 10 to'` a point on the northwest boundary of L.aural. J. Estates, County of Eagle; State of Cbiorado; thence along the north anti west boundary of Laura J. . Estates the following nineteen (19) courses: 1) N 89*37145" W 64.87 feet; thence 2) N 01*12127" E 364.73 feet; thence 3). N 89*00145" W 236.80 feet; thence 4) S 04650145" B 52.54 feet; thence 5) S 03°29115" W 51.41 feet; thence 6) S 23°48115" W 108.46 feet; thence 7) S 00 ° 56' 15" W 205.14 feet; thence 8) S 10*07145" E 90.55 feet; thence 9} S 1$°17'15" W 79 16 feet• thence 10) S 29 ° 14' 15" W 90.82 feet; thence 11) S 83-17-15" W 162.69 feet; thence 12) S 61'08'15" W 135.86 feet; thence 13) S O4047145" E 36.83 feet; thence 14) S. 25°06' 15" W 96.33 feet; thence 15) S 34 ° 17' 15" W 80.60 feet; thence .16-) S 36'05'15" W 104.58 feet; thence .17) 'S 10'42115" W 41.48 feet; thence 18) S 05*44145" E 134.08 feet; thence 19) S 36°59'15" W 198.55 feet W the easterly right-of-way line of Colo- N ratio State Highway No. 82; thence 1146.35 feet along the arc of a 2905.00 N foot radius curve to the left, having a central angle of 22°36135" and subtending a chord bearing N 27043150" W 1138.93 feet along said easterly right-of-way line; thence N 39*02107" -W 1805.40 feet along said easterly right -of --way line; thence 46.40 feet along the are of a 3860.00 foot �•� radius curve to the left, having a central angles of 00 °41 ' 19" am] sub - Lending a chord tearing N 39°22'47" W 46.40 feet; thence S'85°14'43" E 98.94 feet; thence N 18*48119" W 67.58 feet; thence N 25°02'29" W 119.52 feet; them N 09*45149" W 38.25 feet; thence N 04'43'44" W 44:33 feet; thence N,00*57_'26" E 35.53 feet; thence N 18°3247" E 62.61 feet; thence N 18°28'08" E 84.30 feet; thence Q_ N 11°37'20" E ?_06.63 feet; thence N 13°01128" E 149.29 feet; thence N 02048158" E 23.73 feet; thence N 27°14'26" W 178.15 feet; thence N12°38'10" E 49.39.feet; thence N 06°,49130" W 98.27 feet; thence N 1.8°15'37".W._-34.40- feet; •thencell, 27011'00" W 31.00 feet to. the AP 3 0E r, .... , Tract 3$: I-,hanra 73 Cl(?°d�th^, L, ri, rA �, �..R a --- _ ,........� .� .«�'.' a""X. UA. 1+LQ1,,;l.. 30 1.0 .R....r AP .2 of. 2'rac t`° 8, > a sp. t inq The, southwest corner of Section 35, the �z�dnt of beginning, x�a 20£i.347, acres �rP car less: I Except a tract. Of" prcv`t. u .�_ scrt � caW�«k �i�i.' 6.8 Lcc~re y rt �r� Or Less.