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HomeMy WebLinkAboutR07-018 Vail Mountain School Special Use Permit Commissioner ~ moved adoption of the folio ing Resolution: RESOLUTION of the COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2007 -0 If> APPROVAL OF THE SPECIAL USE PERMIT for VAIL MOUNTAIN SCHOOL FILE NO. ZS-00133 WHEREAS, on or about September 9th, 2005, the County of Eagle, State of Colorado, accepted for filing an application submitted by Vail Mountain School (hereinafter "Applicant") for a Special Use Permit for an outdoor educational facility, located in the Resource Zone District in the unincorporated area of Eagle County described as follows: 41049 Colorado River Road; Sections 4,5,8,9, Township 4 South, Range 86 West, 6th P.M., County of Eagle, State of Colorado (see attached Exhibit 'A'); and WHEREAS, the applicant desires to create a day and/or overnight educational "camp" primarily for students of the Vail Mountain School (VMS); and WHEREAS, the current proposal anticipates that students and teachers will utilize the property as an outdoor classroom; learning/teaching aspects of nature and the environment. Proposed activities may include: map and compass navigation; camp craft (campsite selection, cooking in the outdoors, etc.); rock climbing/repelling; team building activities; hiking/recreational activities; and horseback riding (horses "borrowed" from neighboring Anderson Camps- no horses will be kept onsite). The applicants will also use the property for science classes; cross-age activities; service projects; and leadership activities. Water and food will be "packed in, packed out"; portable toilets will be located onsite at the onset of each of the anticipated six to eight camping trips during the year; removed at the end of each trip; and WHEREAS, the property is largely undeveloped at present, aside from an existing access drive; and Page 1 of5 WHEREAS, the applicant plans to construct yurts upon a deck to house students and faculty during visitation of the property. This area of the camp is located at the terminus of the existing driveway; and WHEREAS, the Special Use Permit request was considered at a public meeting by the Eagle County Planning Commission on January 17th, 2007; and WHEREAS, the Special Use Permit request was considered at a public meeting by the Eagle County Board of County Commissioners on January 30th, 2007; and WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive 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 ofthe 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 pursuant to Eagle County Land Use Regulations Section 5-250.B Standards for the review of a Special Use Permit: (1) Consistent with Comprehensive Plan. The proposed Special Use Permit CAN be shown to be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies of the Comprehensive Plan and FLUM, including standards for building and structural intensities and densities, and intensities of use. (2) Compatibility. The proposed Special Use IS appropriate for its proposed location and IS compatible with the character of surrounding land uses. (3) Zone District Standards. The proposed Special Use DOES comply with the standards of the zone district in which it is located and the standards applicable to the particular use, as identified in Section 3-310, Review Standards Avvlicable to Particular Residential. Agricultural and Resource Uses. (4) Design Minimizes Adverse Impact. The design of the proposed Special Use DOES adequately minimize adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore, the proposed Special Use CAN avoid significant adverse impact on surrounding lands regarding trash, service delivery, parking and loading, odors, glare, and vibration, it CAN avoid adverse impact on surrounding lands regarding noise and traffic, and WILL NOT create a nUIsance. Page20f5 (5) Design Minimizes Environmental Impact. The proposed Special Use WILL fully minimize environmental impacts, and will not cause significant deterioration of water and air resources, wildlife habitat, scenic, and other natural resources. (6) Impact on Public Facilities. The proposed Special Use IS adequately served by public facilities and services such as roads, pedestrian paths, potable water and waste water facilities, parks, schools, police and fire protection, and emergency medical services. (7) Site Development Standards. It is anticipated that the proposed Special Use WILL fully comply with all applicable standards in Article 4, Site Development Standards upon receiving outstanding subdivision and access approvals. (8) Other Provisions. The proposed Special Use DOES comply with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT the Special Use Permit application for Vail Mountain School for an educational facility, located in the Resource Zone District, in the unincorporated area of Eagle County described herein, be approved, subject to the following conditions, and that violation of any condition shall be the basis for revocation of the Special Use Permit: 1. Except as otherwise modified by this Permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval; 2. The following recommendations as stated in the Environmental Health memo dated December 29th, 2006 shall be considered necessary conditions of this Special Use Permit: (1) Hand washing facilities must be provided adjacent to the portable toilets; (2) Prior to the Certificate of Occupancy of the facility, an Operational Plan for Food Service must be provided to the Environmental Health Department, to the satisfaction of the Environmental Health Director. The plan must indicate menu, transport, hand washing, food temperature maintenance as well as waste disposal and illness reporting; (3) Any hazardous materials anticipated to be kept on the site such as fuel, must have appropriate containment and spill mitigation plans. Spill mitigation plans must be provided to the Environmental Health Department, to the satisfaction of the Environmental Health Director; (4) Activities in riparian areas shall be limited to uses as allowed pursuant to the Stream Setback provisions as set forth in the Eagle County Land Use Regulations and/or as recommended by the Colorado Division of Wildlife; (5) Burning of trash is strictly prohibited; Page 3 of5 (6) Any stove or solid-fuel heating device proposed for the yurts shall utilize new technology devices as defined in the Eagle County Land Use Regulations. 3. Campfires are limited to burning within a US Forest Service-approved fire rings; 4. Wildlife-proof refuse containers are required to be obtained and utilized during use of the property. There shall be no outside storage of any trash, garbage or recycling, no matter how briefly (e.g., overnight) with the exception of wildlife-proof trash containers. These containers must be emptied and refuse removed at the terminus of each educational session or outing; 5. Users of the site must notify all emergency services providers in advance of the onset of camp activities. Further, a copy of all emergency contact information for students and faculty must be kept onsite whenever the site is in use; 6. This camp is limited to use as an education facility only; the camp may not be rented out to the public or be utilized for any purpose other than what has been represented in this Special Use Permit application; 7. Vail Mountain School shall work with the Division of Wildlife to establish an operational plan detailing how they (VMS) will protect critical wildlife habitat while using the site. The plan must also include restrictions prohibiting dogs on the property, with the exception of seeing-eye dogs, etc. The operational plan shall be submitted to Eagle County, prior to use by students. THAT, this permit shall be subject to review as provided for by the Eagle County Land Use Regulations. 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. Page 4 of5 MOVED, READ AND ADOPTED by the Board of County ~missione~fthe County of Eagle, State of Colorado, at its regular meeting held the day of ~ 2007, nunc pro tunc to the 30th day of January, 2007. OF COLORADO, By and TY COMMISSIONERS " BY: Peter F. Runyon, Com er Commissioner -1-~econded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Am M. Menconi ~ ~ Commissioner Sara J. Fisher _ Commissioner Peter F. Runyon This Resolution passed by ""? / D . County of Eagle, State of Colorado. vote of the Board of County Commissioner of the Page50f5 8 Legend Streets Surface Type - Paved BLM ZS-00133 '. ......l-.i....., " " " " . 00 Rive{ Rd ~0- .s o () _._u Unpaved Parcels Townships c=J Sections Public Lands Ownership State BLM USFS USFS Wilderness BLM _.'" ............ 0.2 Miles I I Use of this map should be for general and infonnational purposes only. Eagle County does not warrant the accuracy of the data contained herein. 36 2 7 11 12 18 14 13 19 20 21 22 23 24 '&R llJ.lltf -t' Gi~ 4 '5JfY JfY \ IlAC'I \,. .,.,.,. - - _. -