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HomeMy WebLinkAboutR07-063 Zip Line Adventures of Vail Special Use Permit Commissioner ::f.;A:dtl1 moved adoption of the following Resolution: RESOLUTION of the COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2007 - {r;, .~?7 APPROVAL OF THE SPECIAL USE PERMIT For Zip Line Adventures of Vail FILE NO. ZS-00138 WHEREAS, on or about March 14th, 2007, the County of Eagle, State of Colorado, accepted for filing an application submitted by Charlie Alexander (hereinafter "Applicant") for a Special Use Permit for a Zip Line Tour, located in the Resource Zone District in the unincorporated area of Eagle County described as follows: The S Y2 of the NE V4 and the SE V4 of Section 34, The SW V4 of the NW V4 and the W Y2 of the SW V4 of Section 35, Township 3 south, Range 83 west of the 6th Principal Meridian and Tract 39 and 41, Township 4 south, Range 83 west of the 6th Principal Meridian, County of Eagle, State of Colorado. WHEREAS, the applicant proposes to operate a Zip Line Tour, on the above described property in Wolcott, as part of the operations and under the lease of 4 Eagle Ranch; and WHEREAS, per the Eagle County Land Use Regulations, the Resource Zone District permits certain uses in a zone district, that are determined compatible with uses by right allowed in the zone district based upon individual Special Use Permit review of their location, design, configuration, density and intensity of use; and WHEREAS, a Special Use Permit is dependent upon findings that there is competent evidence that the proposed use as conditioned, fully complies with all the standards of Section 5-250.B.; and WHEREAS, the Special Use Permit request was considered at a public meeting by the Eagle County Planning Commission on May 2, 2007; and WHEREAS, the Special Use Permit request was considered at a public meeting by the Eagle County Board of County Commissioners on May 15,2007; 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 Page 1 of 4 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 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, V; Resort Recreational Facility. (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. (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 Zip Line Adventures of Vail and the attached Exhibit A, located in the Resource Zone District, in the unincorporated area of Eagle County described Page 2 of 4 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 development 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. Revisit this application after a year of operation, and every two years thereafter for the next ten (10) years, to determine if there are any problems related to the disturbance of the site and erosion control. 3. All other recommendations from the CDOW are followed. 4. Erosion protection should be in place before grading at the site begins to prevent sedimentation to Alkali Creek. Permanent erosion protection methods should be installed at drainage outfalls and disturbed areas should be reseeded as soon as possible with best management practices for planting and reseeding in mind. The HP report provides a good overview of the site conditions, and their recommendations should be followed during development. 5. Any signage on the site needs approval from Community Development. 6. A portable toilet is installed at the site and is maintained by best practices recommended by the provider. In addition, trash is removed from the site daily. 7. The gate to the site/zip line be locked at all times, including during operation. 8. A copy of the Notice to Proceed certificate from CDOT must be provided to the County engineering department. 9. An Archaeologist will need to walk the site (survey) and determine that no archaeological resources are present. If a resource is discovered, the applicant must follow the State process for such a finding. Furthermore, a copy of his/her report will then be provided to Community Development 10. Follow #6 of applicants' letter dated April 9, 2007 in regards to constructing trails between the zip lines. 11. The allowed dates of operation are May 1 through December 1 in any given year, unless otherwise specified by the CDOW. 12. The applicant will cooperate with the CDOW to create and implement signage to discourage hunter parking at the site. 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. Page 3 of4 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 ~ND ADOPTE~ by the Board ~nty Commissioners of the County of Eagle, State of Colorado, at It~ regular meetmg held the day of ~,t1j (1r ' 2007, nunc pro tunc to the 29 day of May, 2007. :~Sd42t Teak J. Simonto . Clerk to the Board of County Commissioners BY: Peter F. Runyon, Commissioner Commissioner .L11?tl1Gth'~ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: This Resolution passed by County of Eagle, State of Colorado. g~ ;; . t~vf :/(Cl vote of the Board of County Commissioner of the Commissioner Am M. Menconi Commissioner Sara J. Fisher Commissioner Peter F. Runyon Page 4 of 4