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HomeMy WebLinkAboutR01-090 special use permit for State Bridge Landing4 Commissioner moved adoption of the f lowing Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2001 - OM APPROVAL OF SPECIAL USE PERMIT FOR STATE BRIDGE LANDING FILE NO. ZS -00076 WHEREAS, Kristine Woodruff, ( "Applicant ") did file an application with the Eagle County Department of Community Development on or about 4 April 2001 for a Special Use Permit for a Resort Recreational Facility and a Outfitter and Guide Operation in the Resource Zone District, in the unincorporated area of Eagle County described as follows: See Exhibit "A ", attached; and WHEREAS, the Applicants propose to operate a Resort Recreation Facility and an Outfitter Guide operation, which includes the following uses: commercial rafting and fishing operations; kayaking and boating operations; storage of related items; parking for recreational vehicles; tent camping; picnicing; portable restrooms; parking for general public and commercial users; incidental retail sales; and related signs; plus single family residential and agricultural uses, as shown on Exhibit `B ", attached. Potable water will be limited to that brought in by recreational users of the site. Portable restrooms will be provided for recreational users. No on- site systems for providing potable water or wastewater disposal are currently being proposed. Potable water and wastewater treatment would be required if residential uses occur; and WHEREAS, notice of the Special Use Permit, application was given to all proper agencies and departments as required by the Eagle County Land Use Regulations, Section 5- 210.E; and, 11 �r�w9 s1.e2. Sara J Fisher Eagle, Co 370 R 0. 00 D 0.00 r G- - 11 WHEREAS, at its public hearings held 6 June 2001, the Eagle County Planning Commission, based upon its findings, recommended approval of the Special Use Permit, with certain conditions; and WHEREAS, a public hearing was held by the Board of County Commissioners of the County of Eagle, State of Colorado, on 19 June and 26 June 2001; and WHEREAS, based on the evidence, testimony, exhibits, and 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 ( "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, as conditioned, conforms to the requirements of Section 5- 250(B) of the Eagle County Land Use Regulations, as follows: a. The proposed Special Use is appropriate for its proposed location and is consistent with the purposes, goals, objectives and policies of the Master Plan and the FLUM of the Master Plan, including standards for building and structural intensities and densities, and intensities of use. b. The proposed Special Use is appropriate for its proposed location and compatible with the character of surrounding land uses. C. The proposed Special Use does meet the standards of the zone district in which it is located, and with the recommended conditions, does meet the standards applicable to the particular use, as identified in Section 3 -310, Review Standards Applicable to Particular Residential, Agricultural and Resource Uses and Section 3 -330, Review Standards Applicable to Particular Commercial and Industrial Uses d. The design of the proposed Special Use does minimize adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore, the proposed Special Use does avoid significant adverse impact on surrounding lands regarding trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration, and shall not create a nuisance. 2 C" Cil e. The proposed Special Use does minimize environmental impacts and does not cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. f. The proposed Special Use is adequately served by public facilities and services, including roads, pedestrian paths, potable water, parks, schools, police and fire protection, and emergency medical services. g. The proposed Special Use does comply with the appropriate standards in Article 4, Site Development Standards h. 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. 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 Kristine Woodruff, File No. ZS- 00076, for a Special Use Permit for a Resort Recreational Facility and a Outfitter and Guide Operation in 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. All written and oral representations made by the Applicants with respect to this Special Use application be a part of the record and conditions of approval. 2. All trash shall be kept in bear proof containers, as defined by the Colorado Division of Wildlife, or its equivalent, and one or more signs shall be posted which informs users of the site of the possibility of people -bear encounters and encourages safe storage of food and other items. 3. The features or uses occurring on this site shall not include any which would cause this site to constitute a Recreational Vehicle Park, as defined in the Eagle County Land Use Regulations. C 4. Uses permitted under this Special Use Permit shall not include any agricultural uses. 5. At the discretion of the Director of Community Development, a Water Quality Protection Plan approved by the Director of Community Development, which includes erosion and dust control, minimized site disturbance, driveway materials, Best Management Practices locations and focused access to the river, shall be required to be provided and implemented by the Applicant. 6. Access through the site on Eagle County Road 27 (Piney River Road) and to BLM land beyond shall be kept unobstructed at all times. 7. Prior to construction of any permanent structure on this site, it shall be demonstrated to the satisfaction of the Eagle County Chief Building Official that potential site specific geologic hazards have been properly investigated and that measures will be taken to adequately mitigate any identified hazards. 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. MOVED, READ AND ADOPTED by the Board of County Commissioner of the County of Eagle, State of Colorado, at its regular meeting held the of , 2001, nunc pro tunc to the 26"' day of June, 2001. COUNTY OF EAGLE, STATE OF COLO- 0 C Michael L. Gallagher, CI Commissioner seconded adoption of the foregoing Resolution. The roll having been called, the vote wasPas follows: Commissioner Tom C. Stone Commissioner Michael L. Gallagher Commissioner Am M. Menconi This Resolution passed by 3 ' vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 5 Am M. Menconi, Commissioner Pa ='c-1' l: an t Land located ir_ a portion of th'e': NE1 /4NE1 /.4, Section 26, Township 2 A Traci of o 6th P•M., Eagle County, South Range 81, West Coloraco. of t =- I $eg;.nning at a pci.it on the East line of the 'N= 1 /4NE_r4, Sacticn from which h the NE Carne= o ;.said Szct -on 26 .,.a found GLO Brass Cap xcauin right ' t a way of �� feet, said P int being*On.he norther'_y 00'b 0' 00" E 479. -- d w i *_h the County :aer'•c t' Retarder, State H.i'ghway �1C. 13� .as r_corded by aFp2aring in ,Bock 215 at page 23, Parcel No . 2 ;. 0'00'00" E 388.84'. feet alonaid east line g sto thl southerly . of .. thence N 0 on the northwesterly cf wa y of a railroad rigrt bf way r th the County Clerk and - ; "as convev' - -d by deed wi Recorder., (Colorado) app ar in,� in.Book 7.2 at Papa 15`0; the following 9 i' -ne) courses: the'nEe,a�ong said souther l y right of way 1. N 3'0'•34•4C" rN '298.06.. 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