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Home My WebLink AboutR83-92 special use permit Castle Peak RanchRESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO: 83- APPROVAL OF SPECIAL USE PERMIT - Castle Peak Ranch - Doug Mayes FILE NO: ZS- 178 -83 -5 WHEREAS, Gregg Cox did file an application with the Eagle County Department of Community Development on or about April 1, 1983, within the Resource Zone District; and WHEREAS, Doug Mayes did file an amendment to the application on September 1, 1983; and WHEREAS, a public hearing was held by the Board of County Commissioners of the County of Eagle, State of Colorado, on October 26th, 1983; and 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 Eagle County Planning Commission, and comments from all interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado, finds as follows: 1. That proper publication and public notice was provided as required by law for the hearing before the Planning Commission and the Board of County Commissioners. 2. That the proposed special use conforms to the requirements of Section 2.09 of the Eagle County Land Use Regulations. 3. That the proposed land use will be compatible with existing uses in the area. 4. That for the above - stated and other reasons, the proposed zoning 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 Castle Peak Ranch - Doug Mayes File No; ZS- 178 -83, for approval of a special use of dude ranch within the Resource Zone District in the following described unincorporated area of Eagle County be approved: LEGAL DESCRIPTION PARCEL A A parcel of land located in Section 6, Township 4 South, Range 83 'lest of the Sixth Principal Meridian, Eagle County, Colorado according to the Independent Resurvey of said Township and Range as approved by the U. S. Surveyor General in Denver, Colorado on June 20, 1922; said Parcel A being more particularly described, with all bearings contained herein based on a bearing of North for the West Line of the Northwest One- Quarter of said Section 6, as follows, to wit: Beginning at a point on the East Line of said Section 6 from which the East One- Quarter Corner of said Section 6, a brass cap monument found in place, bears S.00008142 "E. 1174.36 feet distant; thence S.89030145 "W. 1034.74 feet; thence N.00006149 "W. 1474.70 feet; thence N.89035120 "E. 1033.93 feet to a point on the East Line of said Section 6; thence along said East Line 5.00008142 11E. 1473.32 feet to the point of beginning. Said Parcel A contains 35.00 acres, more or less. Excepting therefrom however, easements and rights -of- way for roads, ditches and utilities of record or as same exist. AND PARCEL B A parcel of land being a portion of Lots 14 and 15, and a portion of the Northesat One- Quarter of Section 6, Township 4 South, Range 83 West of the Sixth Principal Meridian, Eagle County, Colorado according to the Independent Resurvey of said Township and Range as approve by the U. S. Surveyor General in Denver, Colorado on June 20, 1922; said parcel being more particularly des- cribed, with all bearings contained herein based on a bearing of North for the West Line of the Northwest One- Quarter of said Section 6, as follows, to wit: Beginning at a point on the East Line of said Section 6 from which the East One- Quarter Corner of said Section 6 a brass cap monument found in place, bears, S.00008'42 "E. 958.19 feet distant; thence S.89051118 "w. 414.37 feet; thence N.00029'15 "IV. 208.69 feet; thence S.89030145 "w. 900.98 feet; thence N.00006149 "W. 156.20 feet; thence S.89035115 "w. 833.03 feet; thence N.00004155 "W. 1323.90 feet; thence N.89035120 "E. 1114.14 feet; thence S.00006149 11E. 1474.70 feet; thence N.89030145 "E. 1034.74 feet to a point on the East Line of said Section 6; thence along said East Line S.00108'42 "E. 216.17 feet to the point of beginning. Said Parcel B contains 37.00 acres, more or less. Excepting therefrom however, easements and rights -of -way for roads, ditches and utilities of record or as same exist. THAT the following conditions shall be placed upon this approval and that violation of any condition shall be the basis for revocation of the permit. 1. No special use shall occur until the following con- ditions have been completed: A. The Public Work Director has prepared a simple but site specific identification of where the road improvements shall occur, a description of the amount of gravel to be used, and an un- derstanding of who is responsible for paying for the gravel, hauling and spreading of it, and maintaining the road; and the applicant has agreed to this Memorandum of Understanding. (This INIemorandum of Understanding is Attached Exhibit "A ") B. The applicant has submitted a revised site plan showing the parking area on site. C. The applicant submitted a clear written state- ment describing the mitigations proposed to lessen interference with ranching operations in the area. 2. The following are general conditions, running with the permit. A. The property line shall be fenced or otherwise delineated in order that guests know the limits of the permit area. B. All other local, state, or federal permits re- quired now or in the future must be applied for and obtained. C. This approval in no way impairs the County's ability to discontinue maintenance to the Milk Creek Road and such maintenance, if continued will be limited at best. D. This is a permit for a special set of circum- stances specific to this property and in no way implies to neighbors or applicant that more density or other special land uses in the area may be appropriate or that this is to be con- sidered a nucleus of activity. E. At annual review, the Board of County Commission( reserves the right to review the use of vans as guest transportation and add additional mitiga- tions to the road if necessary. THAT the Board of County Commissioners directs the Department of Community Development to provide a copy of this re- solution to the applicant. MOVED, READ, AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its meeting held the day of jr� , 19�,3, nunc pro tunc to the ,Z(„ 5�-th day of October 1983. ,ST: COUNTY OF EAGLE, STATE OF COLORADO ,,�.�� By and T h its BY ?f6y( LG� (� '�LC�/ BOARD 0 CO TY COMMISSIONERS i Countyto the ione s BY: County BY: Da d E. Mot Ch rman Dan Williams, Commissioner Keith Troxel, Commissioner I hereby agree to the conditions of approval of the special use permit as set forth in the foregoing document. Douglas (ayes STATE OF COLORADO COUNTY OF EAGLE The foregoing statement was acknowledged before me this 30�' day of WpVEM8&p 1983, by Douglas Mayes. WITNESS MY HAND AND SEAL My Commission Expires i Notary Public EXEIBIT "A" MEMORANDUM OF UNDERSTANDING This agreement is entered into this day of , 19_ between the Board of County Commissioners of Eagle County, Colorado, hereinafter referred to as the County, and Douglas Mayes, hereinafter referred to as the Permittee. Both parties have reviewed the condition of Milk Creek Road, and the Permittee, with the assistance of the Eagle County Public Works Director will flag areas of the road needing improvement. The Permittee shall purchase from a contractor of his choice within 15 miles of Wolcott gravel sufficient to cover those areas identified by flagging with 2 inches of gravel as specified and approved by the Eagle County Public Works Director, the amount to be at least 1,000 tons of gravel. After the Permittee has ordered the gravel and paid for it, the County shall transport the gravel to Milk Creek Road and spread it on those areas identified by flagging. In no case shall the County haul the gravel until it has been paid for. The County further agrees that the transportation of the gravel and the spreading of it shall be on or before July 30, 1954. The Permittee shall refrain from using the Milk Creek Road for commercial operations during the months of April and May. The Permittee agrees to plow the snow from the road as needed, and the County agrees to wing the snow off the road periodically, on a County Third Priority Road basis. The Permittee assumes any and all liability for damage proximately caused by his negligent action in maintenance of the road.