HomeMy WebLinkAboutR98-060 Vail Mountain Ski Area Expansion �� ��' • .
Commissioner Car49,4 moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 98 - 60
REVIEW OF SITE SPECIFIC DEVELOPMENT PLAN
Category III, Vail Mountain Ski Area Expansion
File No. ZS- 236 -86
WHEREAS, in 1986, pursuant to Resolution # 86 -32, Eagle County
issued Vail Associates, Inc., ( "Vail Associates ") a special use
permit for the Category III expansion on national forest system
land on Vail Mountain (the "Permit "); and
WHEREAS, the Permit approved the Category III expansion
subject to two conditions:
1. That Vail Associates submit a site specific development
plan ( "Development Plan ") for review by the Board of
County Commissioners at an advertised hearing in five
years, at which the Board could adopt additional
conditions; and
2. That Vail Associates work with the Town of Vail, Eagle
County and other applicable agencies in developing a
parking and transportation plan for review by the County
within two years; and
WHEREAS, Vail Associates subsequently downsized its Category
III expansion plan and entered into an agreement with the Town of
Vail to mitigate certain impacts; and
WHEREAS, the United States Forest Service required further
modifications to the expansion plan and imposed numerous addi-
tional mitigation measures as part of its project review; and
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WHEREAS, the Forest Service review included the preparation
or compilation of 64 volumes of studies, reports, analysis and
comment, including an environmental impact statement, a
supplemental environmental impact statement, and two biological
evaluations, many public meetings and consultation with federal,
state and local agencies; and
WHEREAS, Vail Associates submitted its downsized expansion
plan, as modified, and as conditioned, and approved by the Forest
Service, to the Eagle County Department of Community Development
as its Development Plan on or about January 6, 1998; and
WHEREAS, this Development Plan was reviewed by the Board of
County Commissioners at public hearings on March 10, March 19, and
April 20, 1998; and
WHEREAS, based on all the evidence including testimony,
exhibits, and comments (oral and written), 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 Board;
and
2. That no hearing was scheduled by the County within five
years, after the adoption of Resolution No. 86 -32, the
project still being in the Federal Review process; and
therefore, submittal of the Development Plan within such
period was not required; and no prejudice resulted from
the timing of this submittal; and
3. That Eagle County participated in the Federal Review
process that proceeded submittal of the Development
Plan; and
4. That Vail Associates participated in joint efforts with
the Town of Vail and other agencies to develop parking
and transportation plans to mitigate impacts on the Town
of Vail; and
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5. That because the Category III area consists entirely of
Federal Land for which the Forest Service has made the
land use decisions, the Board's review of the Develop-
ment Plan is limited to application of that part of the
County's regulations which are environmental regula-
tions; and
6. That the Development Plan reduces the size of the
expansion and the associated environmental impacts below
what was approved by Resolution #86 and
7. That the Development Plan does not involve the
development of any private property or new base
facilities on Battle Mountain, in Minturn, Red Cliff or
elsewhere; and
8. That Vail Associates has stipulated that construction of
a restaurant in the Category III area is a "matter of
State Interest" subject to the 1041 permitting under
Chapter VI of the Eagle County Land Use Regulations; and
9. That Vail Associates has agreed not to bring such 1041
permit application for the restaurant to the Board prior
to January 1, 2001; and
i
10. That the environmental impacts of the Development Plan
will be fully addressed through the conditions set forth
below coupled with the mitigations imposed by the Forest
Service previously agreed to by Vail Associates.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the Development Plan is approved, subject to the
following conditions:
1. This approval does not authorize construction of the
proposed restaurant. A 1041 permit is required before
such construction may occur; the environmental impacts
associated with such construction will be addressed as
part of that process, including identification and
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analysis of alternative site selections. But no further
action with regard to the special use permit will be
required.
2. Vail Associates must obtain all necessary Eagle County
permits including but not limited to:
a. Grading permits if required for site disturbance;
b. I.S.D.S. Permits in conjunction with any applicable
waste disposal systems;
c. A 1041 permit required for water /wastewater infra-
structure;
d. Applicable building permits; and
e. Food service and liquor licensing.
3. Vail Associates will obtain and keep in force all
• applicable State and Federal permits for the Category
III area including but not limited to:
a. Any and all applicable requirements under the
Federal Endangered Species Act;
b. Any and all applicable requirements under Section
404 of the Federal Clean Water Act; and
c. Any and all applicable requirements associated with
applicable Forest Service "roadless area" policy or
regulation.
4. This approval incorporates and the Permit Holder shall
comply with any and all applicable environmental re-
quirements set forth in the U.S.D.A. Forest Service
Final Environmental Impact Statement Record of Decision
dated August 1996 and the Final Environmental Impact
Statement Record of Decision dated August 1997.
THAT, the two conditions imposed by the Board of County
Commissioners in 1986 have been satisfied.
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THAT, the Board directs the Department of Community Develop-
ment to provide a copy of this Resolution to the Permittee, Vail
Associates.
THAT, this Resolution is necessary for the public health,
safety and welfare of the citizenry of the County of Eagle, State
of Colorado.
MOVED, READ AND ADOPTED by the Board of County Commissioners
of the County of Eagle, State of Colorado, at its regular meeting
held the t day of .//r/; , 1998
_ COUNTY OF EAGLE, STATE OF
0 e COLORADO, by and Through Its
ATTEST: i BOARD OF COUNTY COMMISSIONERS
/ c ocoawo °
/ I BY �'_
Clerk to the eoard of J. es E. John .n, Jr.,
County Commissioners , hairman
rge a� . G t
Geo s ,
Commissioner
/ IC I
/ Johnnette Phillips,
Commissioner
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4 1/ 41)
Commissioner f�j_ seconded adoption of the fore-
going resolution. The roll having been called, the vote was as
follows:
Commissioner Johnson
Commissioner Gates d � 1 �
Commissioner Phillips /,
This Resolution passed by c - 0 vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
File No. 96 -31
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