HomeMy WebLinkAboutR24-062 Denial of SUP for Twin Acres Riding Stable and Boarding Stable File No. ZS-009260-2022 Docusign Envelope ID:32FFD74A-F676-42D4-96DD-E231ACF06336
Commissioner chandler-Henry moved adoption
of the following Resolution:
BOARD OF EAGLE COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2024- 062
RESOLUTION FOR DENIAL
OF A CONSOLIDATED SPECIAL USE PERMIT FOR
TWIN ACRES RIDING STABLE AND BOARDING STABLE
Eagle County File No. ZS-009260-2022
WHEREAS, on or about May 15,2022,Whiskey Mountain Estates,LLC(the"Applicant")
submitted an application for a Consolidated Special Use Permit(the"Application")to the County of
Eagle, State of Colorado; and
WHEREAS,the Application requested a Consolidated Special Use Permit("SUP")to allow the
development and operation of a 40 x 192 foot(7,680 square foot),horse Boarding Stable and a 100 x 200
foot(20,000 square foot)enclosed horse Riding Stable on property located at 623 Fender Lane in the
Basalt area,also known as Assessor's Parcel#2391-223-00-006 (the"Property"); and
WHEREAS,the Property is zoned Agricultural Residential("AR")and is approximately 101
acres in size and is more particularly described as set forth in Exhibit A-Legal Description; and
WHEREAS,Table 3-300 of the Eagle County Land Use Regulations(the"ECLUR")categorizes
a Boarding Stable as an Agricultural Use and a Riding Stable as a Resort/Recreation/Amusement use.
Both uses require authorization through a SUP per ECLUR Section 5-250 within the AR zone district;
and
WHEREAS, in accordance with ECLUR Section 5-210.E-Notice of Public Hearings,notice
concerning the subject matter of the Application and setting forth the date and time of a meeting for
consideration thereof by the Roaring Fork Valley Regional Planning Commission(the"RFVRPC")was
mailed to all owners of property adjacent to the Property on January 12,2023,and published in the Aspen
Times,Eagle Valley Enterprise, and Vail Daily newspapers on January 19, 2023. Notice of the
Application was posted on the Property on or before January 16, 2023; and
WHEREAS, at a public meeting held on February 2, 2023,based on the evidence,testimony,
exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County, as well as
comments of the Eagle County Planning Department, Eagle County Engineering Department,public
officials and agencies, and comments from all interested parties,including members of the public,the
RFVRPC unanimously recommended approval of the Application with conditions to the Eagle County
Board of County Commissioners (the"Board"); and
WHEREAS, in accordance with ECLUR Section 5-210.E-Notice of Public Hearings,notice
concerning the subject matter of the Application and setting forth the date and time of the meeting for
consideration thereof by the Board was mailed to all owners of property adjacent to the Property on
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March 27,2023, and published in the Aspen Times,Eagle Valley Enterprise and Vail Daily newspapers
on March 23, 2023. Notice of the Application was posted on the Property on or before January 16,2023;
and
WHEREAS,the Board's consideration of the Application was subsequently continued several
times at public meetings held on April 11,2023,August 1, 2023,November 14,2023, and February 20,
2024 for good cause as permitted by ECLUR Section 5-210.F.5.d and as requested and agreed to by the
Applicant; and
WHEREAS, in accordance with ECLUR Section 5-210.E-Notice of Public Hearings,notice
concerning the subject matter of the Application and setting forth the date and time of the meeting for
consideration thereof by the Board was again mailed to all owners of property adjacent to the Property on
March 1, 2024, and again published in the Aspen Times,Eagle Valley,Enterprise,and Vail Daily
newspapers on March 7,2024. Notice of the Application was posted on the Property on or before March
8,2024; and
WHEREAS,at a public meeting held on March 26,2024,the Board continued consideration of
the Application for good cause provided by the Applicant,to June 18,2024; and
WHEREAS, at a public meeting held on June 18,2024,the Board considered the Application
and then continued consideration of the Application to July 23,2024; and
WHEREAS,at the public meetings held on June 18,2024 and July 23,2024,the Board
considered the Application,the associated plans,documents, and studies; the statements and concerns of
the Applicant; the statements of Eagle County Community Development and Engineering staff; the
recommendation of the RFVRPC; and the statements of other interested persons, including the members
of the public; and
WHEREAS,pursuant to ECLUR Section 5-250.B -Standards,the issuance of a SUP is
dependent on findings that the proposed use fully complies with all standards of approval identified in
ECLUR Section 5-250.B.1 through 5-250.B.8; and
WHEREAS,based on the evidence,testimony, exhibits,and study of the Comprehensive Plan
for the unincorporated areas of Eagle County, as well as comments of the Eagle County Planning
Department,Eagle County Engineering Department,public officials and agencies,the recommendations
of the RFVRPC,and comments from all interested parties, including members of the public,the Board
finds the following:
THAT,proper publication and public notice were provided as required by the ECLUR and state
law for hearings before the•RFVRPC and the Board; and
THAT,the Application complies with the following requirements and standards set forth in
ECLUR Section 5-250.B -Standards,with the conditions as noted in the staff report prepared by the
Eagle County Community Development Department and as discussed in the hearings held by the Board
on June 18, 2024 and July 23, 2024 as set forth below:
1. Standard 5-250.B.3:Zone District Standards. That,with the addition of a condition related to
removal of an existing bunkhouse,the Property exceeds the defined 10 acre minimum lot size and
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that existing and the proposed structures on the Property meet the dimensional standards as defined in
ECLUR Table 3-340-Schedule of Dimensional Limitations for the AR Zone District.
2. Standard 5-250.B.4:Design Minimizes Adverse Impact. That, with the addition of conditions
relating to limitations on the hours of operations,parking on grass surfaces and limitations on the
number of horse trailers which can be stored on the Property,the horse Boarding Stable and the
Riding Stables could reasonably avoid adverse impacts as required by ECLUR 5-250.B.4.
3. Standard 5-250.B.5:Design Minimizes Environmental Impact. That,with the addition of
conditions,the Application minimizes environmental impacts and would not cause significant
deterioration of water and air resources,wildlife habitat, scenic resources,and other other natural
resources.
4. Standard 5-250.B.6:Impact on Public Facilities. That,with the addition of conditions relating to
parking,payment of Transportation Impact fees, abandonment of existing OWTS infrastructure,and
fire protection improvements,the proposed Riding and Boarding Stables would be adequately served
by necessary facilities and services including roads, water and sewer,police, and fire protection as
required by ECLUR 5-250.B.6.
5. Standard 5-250.B.7:Site Development Standards. That, with the addition of conditions relating to
parking,payment of Transportation Impact Fees, abandonment of existing OWTS infrastructure,
compliance with driveway standards and a previously issued administrative variance, and limitations
on the number of stored horse trailers,the Application can meet the site development standards
related to off-street parking and loading, landscaping and illumination, sign regulations,natural
resource protection, and commercial and industrial performance standards.
6. Standard 5-250.B.8: Other Provisions. This standard is met as no other provisions of the ECLUR are
applicable.
THAT,the Application does not comply with the with the standards in ECLUR Section 5-250.B
-Standards related to compliance with the Comprehensive Plan and compatibility, as set forth below:
1. Standard 5-250.B.1: Consistent with the Comprehensive Plan. Pursuant to Section 5-250.B.1 -
Consistent with Comprehensive Plan, the proposed uses are not in substantial conformance with the
policies of the 2005 Eagle County Comprehensive Plan (the"Comprehensive Plan"), the Mid-Valley
Community Area Plan(the"Mid-Valley Plan"), and the Missouri Heights Future Land Use Map(the
"FLUM"). Specifically,the Application proposes an intense use of a Boarding Stable and Riding
Stable supporting 45 horses in an area surrounded by residential uses. As a result, the proposed uses
fail to substantially conform with Comprehensive Plan Policy 3.2.6.a,which seeks to promote quiet
neighborhoods,and Comprehensive Plan Policy 3.3.9.b,which provides that development should be
appropriate to the area's character and resources.The intensity and impacts of the proposed uses also
fail to substantially conform with goals and policies set forth in the Mid-Valley Plan,including
Policies 1.1.4.a and 3.2.1.a,which seek to preclude new uses that would interfere with the quiet
enjoyment of residential neighborhoods. In addition,the Application fails to substantially conform
with the FLUM. The FLUM identifies the Property as being within an area designated as Outlying
Rural Subdivision(`ORS"). The stated intent for future use of land within an ORS area of the FLUM
is to maintain existing densities and intensities of use and to maintain residential and rural character.
The ORS designation in the Mid Valley FLUM is characterized by residential neighborhoods,large
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lot residential subdivisions, and agricultural uses. The Application fails to maintain existing
intensities of use by proposing a large new Boarding Stable and a new Riding Stable with the capacity
for 45 horses. While the Property is approximately 101 acres in size,the Application proposes a 20
acre area to operate the Boarding Stable and the Riding Stable,which greatly intensifies the proposed
uses. The Boarding Stable and Riding Stable uses are not classified as residential uses by ECLUR
Table 3-300 and do not maintain residential character in conjunction with the surrounding residential
uses given the daily operations proposed by the Application. Although the Boarding Stable is
classified in ECLUR Table 3-300 as an agricultural use,the Application also proposes a Riding
Stable classified as a Resort/Recreation/Amusement use. Overall, considering all of these factors,the
Application is not in substantial conformance with ECLUR Section 5-250.B.1 - Consistent with the
Comprehensive Plan.
2. Standard 5-250.B.2: Compatibility. Pursuant to Section 5-250.B.2 -Compatibility, the Application's
proposed size and scope of the Boarding and Riding Stables to accommodate 45 horses is not
generally compatible with the existing and currently permissible future uses of adjacent land and
other substantially impacted land, services,or infrastructure improvements. The Property is largely
surrounded by residential development, including the Red Table Mesa Subdivision, Sopris Mesa
Subdivision,Aspen Mountain View Subdivision,Aspen Mesa Estates, and Fox Run Meadow. These
adjacent developments are either currently developed with single-family residential uses or can be
developed with single-family homes in the future.Use of 20 acres of the Property to support a 45
horse Boarding Stable and Riding Stable is an intense use that will impact the surrounding residential
properties through the scope and scale of the proposed operation and the generation of non-residential
impacts.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the
County of Eagle, State of Colorado:
THAT,this Application for a SUP fails to fully comply with all standards of approval set forth in
ECLUR Section 5-250.B,and is hereby denied.
THAT,the Board directs the Department of Community Development to provide a copy of this
Resolution to the Applicant; and
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.
[Remainder of page left intentionally blank]
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Docusign Envelope ID:32FFD74A-F676-42D4-96DD-E231ACF06336
MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of
Eagle, State of Colorado, on this 8th day of October, 2024, nunc pro tunc July 23rd, 2024.
Signed by:
o, 4\ COUNTY OF EAGLE, STATE OF
�' COLORADO, By and Through Its
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BOARD OF COUNTY COMMISSIONERS
oLoapo°
ATTEST• Signed by: . Signed by:
Fletla 026111 titAlne SG uxrBy.F01362F246806440
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Clerk to the Board Matt c1err
Chair
DocuSigned by:
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Jeanne IVlcQueeney
Commissioner
"—Signed by:
I
�8E'iA681FFE88AA03_
Kathy Chandler-Henry
Commissioner
Commissioner McQueeney seconded adoption of the foregoing resolution. The roll having
been called,the vote was as follows:
Commissioner Scherr Aye
Commissioner McQueeney Aye
Commissioner Chandler-Henry Aye
This resolution passed by 3/0 vote of the Board of County Commissioners of the County of Eagle,
State of Colorado
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Docusign Envelope ID:32FFD74A-F676-42D4-96DD-E231ACF06336
Exhibit A
LEGAL DESCRIPTION
Legal Description: The Land referred to herein is located in the County of Eagle, State of Colorado, and
described as follows: A PARCEL OF LAND LOCATED IN SECTIONS 21, 22, 27 AND 28.
TOWNSHIP 7 SOUTH,RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN IN THE
COUNTY OF EAGLE, STATE OF COLORADO ACCORDING TO THE INDEPENDENT
RESURVEY OF SAID TOWNSHIP AND RANGE AS APPROVED BY THE OFFICE OF THE U.S.
SUPERVISOR OF SURVEYS ON NOVEMBER 15, 1930. SAID PARCEL BEING PART OF THE
"FUTURE DEVELOPMENT" AS SHOWN ON THE ASPEN, MOUNTAIN VIEW, SECOND FILING
ON FILE IN THE EAGLE COUNTY CLERK AND RECORDERS OFFICE IN BOOK 365 AT PAGE
922. BEARINGS FOR THIS DESCRIPTION BEING BASED ON A BEARING OF SOUTH 50° 52'18"
WEST BETWEEN THE NORTHEASTERLY CORNER OF PARCEL A AS SHOWN HEREON,A
NUMBER FIVE REBAR WITH A 1 1/2 INCH ALUMINIUM CAP FOUND MARKED "P.L.S. 20695",
AND THE SOUTHWEST CORNER OF THE NORTH ONE-HALF OF THE NORTHEAST ONE-
QUARTER OF SAID SECTION 28,A NUMBER FIVE REBAR WITH AN ILLEGIBLE PLASTIC
CAP FOUND. SAID PARCEL B BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 1 OF THE MEADOWS,ASPEN
MOUNTAIN VIEW, SECOND FILING,THE POINT OF BEGINNING: THENCE LEAVING SAID
LOT 1,NORTH 00° 17'45" EAST 516.17 FEET; THENCE NORTH 60° 12'10" EAST 80.86 FEET;
THENCE 698.92 FEET.; ALONG THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF
470.00 FEET AND A CENTRAL ANGLE OF 85° 12'10",THE CHORD OF WHICH BEARS NORTH
17° 36'05" EAST 636.28 FEET;THENCE NORTH 25°00'00" WEST 80.00 FEET; THENCE NORTH
63°20'46" EAST 106.52 FEET; THENCE NORTH 02°20'04" WEST 94.40 FEET; THENCE NORTH
24° 18'22" EAST 67.42 FEET; THENCE NORTH 26°48'04" EAST 40.26 FEET; THENCE SOUTH 71°
14'04" EAST 54.22 FEET; THENCE SOUTH 86° 54'51" EAST 116.14 FEET; THENCE SOUTH 82°
55'41" EAST 55.19 FEET; THENCE NORTH 74°44'27" EAST 72.74 FEET;THENCE NORTH 63°
14'22" EAST 48.75 FEET; THENCE NORTH 85° 36'52" EAST 30.09 FEET; THENCE SOUTH 60°
39'42" EAST 48.51 FEET; THENCE SOUTH 42° 38'51" EAST 81.62 FEET; THENCE SOUTH 87°
47'30" EAST 104.24 FEET; THENCE NORTH 64° 34'51" EAST 58.48 FEET; THENCE NORTH 76°
22'09" EAST 114.50 FEET; THENCE SOUTH 73° 09'09" EAST 77.35 FEET; THENCE SOUTH 70°
17'02" EAST 54.34 FEET;THENCE NORTH 60°03'39" EAST 421.05 FEET TO A POINT ON THE
NORTH LINE OF A 15 FOOT EQUESTRIAN TRAIL EASEMENT AS PLATTED IN SAID ASPEN
MOUNTAIN VIEW, SECOND FILING; THENCE SOUTH 73° 18'03" EAST 208.81 FEET ALONG
SAID NORTH EASEMENT LINE; THENCE LEAVING SAID EASEMENT, SOUTH 80° 00'00" EAST
512.58 FEET TO A POINT ON THE WESTERLY LINE OF LOT 16 OF SAID ASPEN MOUNTAIN
VIEW, SECOND FILING; THENCE THE FOLLOWING SIX COURSES ALONG SAID LOT 16;
THENCE SOUTH 10° 00'00" WEST 488.41 FEET; THENCE SOUTH 67°43'09" EAST 218.45 FEET
TO A NUMBER FIVE REBAR WITH A 1 'A INCH ALUMINIUM CAP FOUND MARKED
"L.S.11204"; THENCE NORTH 05°00'00" EAST 340.00 FEET;THENCE NORTH 21°30'00" EAST
175.00 FEET TO A NUMBER FIVE REBAR WITH A 1 '/2 INCH ALUMINUM CAP FOUND
MARKED "LS. 11204"; THENCE NORTH 24°06'26" EAST 146.30 FEET TO A NUMBER FIVE
REBAR WITH A 1 '/2 INCH ALUMINIUM CAP FOUND MARKED "L.S. 11204" THENCE NORTH
18° 30'53" EAST 141.61 FEET TO A NUMBER FIVE REBAR WITH A 1 '/2 INCH ALUMINIUM CAP
FOUND MARKED "L.S. 11204"; THENCE LEAVING SAID LOT 16, SOUTH 00° 54'36" WEST
276.17 FEET; THENCE SOUTH 65° 33'11" EAST 59.19 FEET TO THE NORTHWEST CORNER OF
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RED TABLE ACRES NUMBER 2 AMENDED,A NUMBER FIVE REBAR WITH A 1 1/2 INCH
ALUMINIUM CAP MARKED "L.S. 11204";THENCE THE FOLLOWING SEVEN COURSES
ALONG THE WESTERLY LINE OF SAID RED TABLE ACRES NUMBER 2; THENCE SOUTH 09°
54'07" WEST 328.41 FEET TO A NUMBER FIVE REBAR WITH A 1 '/2 INCH ALUMINUM CAP
FOUND MARKED "L.S. 10386 MUSGROVE"; THENCE SOUTH 00° 54'57" WEST 255.78 FEET TO
A NUMBER FIVE REBAR WITH A 1 Y2 INCH ALUMINUM CAP FOUND MARKED "L.S. 10386
MUSGROVE"; THENCE SOUTH 04° 13'34" EAST 23.30 FEET TO A NUMBER FIVE REBAR WITH
A 1 'A INCH ALUMINIUM CAP FOUND MARKED "L.S. 10386 MUSGROVE"; THENCE SOUTH
23°45'19" EAST 181.18 FEET; THENCE SOUTH 00°05'58" WEST 769.21 FEET; THENCE SOUTH
31° 57'43" EAST 13.77 FEET; THENCE SOUTH 12° 59'58" WEST 333.28 FEET TO A POINT ON
THE NORTHERLY RIGHT OF WAY LINE OF FENDER LANE AS SHOWN ON SAID ASPEN
MOUNTAIN VIEW, SECOND FILING; THENCE,LEAVING RED TABLE ACRES NUMBER 2,
ALONG SAID RIGHT OF WAY LINE, 150.90 FEET ALONG THE ARC OF A CURE TO THE
RIGHT, HAVING A RADIUS OF 479.21 FEET AND A CENTRAL ANGLE OF 18°02'33",THE
CHORD OF WHICH BEARS SOUTH 87° 33'50" WEST 150.28 FEET; THENCE ALONG SAID
RIGHT OF WAY LINE 178.71 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A
RADIUS OF 359.29 FEET AND A CENTRAL ANGLE OF 28°29'54",THE CHORD OF WHICH
BEARS SOUTH 82°20'09" WEST 176.87 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE,
NORTH 88°09'20" WEST 406.59 FEET TO A POINT ON SAID RIGHT OF WAY LINE; THENCE
THE FOLLOWING THREE COURSES ALONG SAID RIGHT OF WAY LINE; THENCE NORTH 75°
13'17" WEST 38.90 FEET; THENCE 148.96 FEET ALONG THE ARC OF A CURVE TO THE LEFT
HAVING A RADIUS OF 588.47 FEET AND A CENTRAL ANGLE OF 14° 30'12",THE CHORD OF
WHICH BEARS NORTH 82°28'23" WEST 148.56 FEET; THENCE NORTH 89°43'29" WEST 591.40
FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 1;THENCE, LEAVING SAID RIGHT
OF WAY LINE, THE FOLLOWING NINE COURSES ALONG SAID LOT 1; THENCE NORTH 27°
01'34" WEST 59.84 FEET TO A NUMBER FIVE REBAR WITH A 1 'A INCH ALUMINUM CAP
FOUND MARKED "L.S. 11204"; THENCE NORTH 33° 52'32" EAST 75.62 FEET; THENCE NORTH
08°36'14" WEST 107.33 FEET TO A NUMBER FIVE REBAR WITH A 1 V2 INCH ALUMINUM CAP
FOUND MARKED "L.S. 11204"; THENCE NORTH 70°06'42"WEST 36.83 FEET;THENCE NORTH
70° 17'53" WEST 144.66 FEET TO A NUMBER FIVE REBAR WITH A 1 'A INCH ALUMINUM CAP
FOUND MARKED "L.S. 11204"; THENCE NORTH 63°02'27"WEST 383.67 FEET; THENCE
NORTH 63° 13'14" WEST 152.67 FEET; THENCE NORTH 81° 18'09" WEST 185.19 FEET; THENCE
SOUTH 74° 34'50" WEST 274.11 FEET TO THE POINT OF BEGINNING. COUNTY OF EAGLE
STATE OF COLORADO.
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