HomeMy WebLinkAboutR92-148 special use permit for 4-Eagle Ranch Tom Backus` Commissioner l9 moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE] STATE OF COLORADO
RESOLUTION NO. 9 9-, - % 4P
APPROVAL OF SPECIAL USE PERMIT
Thomas Backus for the 4 -Eagle Ranch
3 miles North of Wolcott on Highway 131
FILE NO. ZS- 304 -91
c; WHEREAS, Thomas Backus for the 4 -Eagle Ranch, ( "Applicant ")
did file an application with the Eagle County Department of
Community Development on or about March 1, 1991, for a Special
Use Permit for a western ranch commercial facility, more
particularly described as:
UQ)
1.
Mass gathering [(Section 2.06.01(3)(g)];
2.
Camper park [(Section 2.06.01(3)(h)(1)];
3.
Day or resident camp [(Section 2.06.01(3)(h)(7)];
4.
Educational facility [(Section 2.06.01(3)(h)(8)];
5.
Recreational facility [(Section 2.06.01(3)(h)(17)]
6.
Riding stable [(Section 2.06.01(3)(h)(19)];
U.q
7.
Studio [(Section 2.06.01(3)(h)(22)];
r� C
~+�
within a
Resource Zone District, in the unincorporated area of
c;
Eagle County
described as follows:
That
portion of land situated on the County of Eagle,
E
State
of Colorado, being described as follows:
The west 300 feet of the northwest quarter of the
southwest quarter (NW4 SW4) of Section 26, Township 3
South, Range 83 West of the 6th Prime Meridian
containing 9.6 acres, more or less.
Q U-1
The southwest quarter of the northwest quarter (SW4
` -- r
NW4) , and the west half of the southwest quarter (Wk
SW-4) of Section 35, Township 3 South, Range 83 West of
the 6th Prime Meridian containing 124.8 acres, more or
ED Q,
less.
'£1 M
r ..�
The south half of the northeast quarter (Sk NE4), and
the southeast quarter (SE4) of Section 34, Township 3
Ln
South, Range 83 West of the 6th Prime Meridian
containing 246.8 acres, more or less.
N :z
Tract 39 and Tract 41 in Township 4 South, Range 83
West of the 6th Prime Meridian containing 214.5 acres,
,��
more or less.
and
1
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
parties, 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,
appropriateness of the physical arrangement of the use
on the proposed site, and consistency with the Master
Plan.
5. That for the above - stated and other reasons, the
proposed 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 Thomas Backus, File No. ZS- 304 -91,
for a Special Use Permit for a western ranch commercial facility,
more particularly described as:
1. Mass gathering [(Section 2.06.01(3)(g)];
2. Camper park [(Section 2.06.01(3)(h)(1)];
3. Day or resident camp [(Section 2.06.01(3)(h)(7)];
4. Educational facility [(Section 2.06.01(3)(h)(8)];
5. Recreational facility [(Section 2.06.01(3)(h)(17)]
6. Riding stable [(Section 2.06.01(3)(h)(19)];
7. Studio [(Section 2.06.01(3)(h)(22)];
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 food service catering operation must be licensed
and inspected by the Eagle County Environmental Health
Division prior to the issuance of permit.
2
2. Should the applicant wish to place a food service
establishment on site,adequate potable water and waste
water systems must be installed. The design and
installation of the water distribution system and the
waste water collection and treatment system needs to be
approved the Water Quality Control Division of the
Colorado Department of Health as well as the Eagle
County Environmental Health Division.
3. The issuance of a State Highway Access Permit and
compliance with any conditions.
4. The employee mobile homes must be screened from view
from Highway 131.
5. This Special Use Permit is limited to no more than 499
people on the site at any one time. Any anticipated
mass gatherings of 500 or more will require a separate
Special Use Application per event.
6. The neighboring BIM land is leased for cattle and sheep
grazing and should be considered a priority use. The
applicant should expend every effort to not effect the
grazing the adjacent lands.
7. Dogs shall be kept under full owner control at all
times.
8. No feeding or baiting of wildlife without direct
approval of the colorado Division of Wildlife (CDOW).
The need to leave wildlife undisturbed should be
thoroughly explained to ranch visitors through signs
and educational materials.
9. Certain areas may require special treatment to maintain
wildlife values. These areas may require closures to
the public during critical time periods. The CDOW will
be making periodic site visits and is willing to work
with the ranch on these items on a case by case basis.
CDOW recommendations concerning area closures should be
considered conditions of the special use permit.
Failure to comply with those recommendations can be
grounds for a Special Use Permit review hearing with an
appeal process afforded the applicant. It is also
recommended that wintertime activities be limited to
the irrigated meadows adjacent to the ranch
outbuildings.
10. This Special Use Permit is being given to the applicant
who is a leaseholder and as such, the Permit should
expire with the applicant's lease on the property.
11. 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.
a
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
satisfactorily resolved by the staff.
THAT, the Board of County Commissioners 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
of the County of Eagle, State of
he Id- tftu,. t . ✓" _ day
2,
z Y�__ppSfi
4
tunc to the
22nd
the Board of County Commissioners
Colorado, at its regular meeting
of _ Y/.
day of April, 1991.
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its BOARD OF COUNTY
COMMISSIONERS
By: � f By: — '11
By: J
° e'
60ohnette Phillips Richard L. Gustafson, Chairman
Clerk to the Board ° of _. _
County Commissioners
" ~Georg Gates, Commissioner
- ...,.- Donal H. Welch, dommissioner
N2 %
Commissioner - seconded
adoption of the foregoing Resolution. The roll having been
called, the vote was as follows
Commissioner Richard L. Gustafson,- �f
Commissioner George A. Gates
Commissioner Donald H. Welch
This Resolution passed by vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
4
