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HomeMy WebLinkAboutR97-056 Special Use Permit for Resident Camp Educational Facility Learning Camps-- R mvvea adoption y �� th following Resolution: BOARD OF COUNTY COMMISSIONERS --� COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 9 -Y- -,C�L APPROVAL OF SPECIAL USE PERMIT FOR A RESIDENT CAMP /EDUCATIONAL FACILITY 19877 Highway 131 Learning Camps Inc. FILE NO. ZS -00007 WHEREAS, William D. Aultman, owner, and Ann Cathcart, dba Learning Camps, Inc., ( "Applicants ") did file an application with the Eagle County Department of Community Development on or about February 4, 1997, for a Special Use Permit described as follows: A summer -time only educational camp for learning disabled children V\ and further limited by subsequent conditional approval of said application, to be located on a 6 acre parcel within the Resource Zone District in the unincorporated area of Eagle County described as follows: Colorado State Tax Parcel Number 1689 - 053 -00 -005 Southwest 1/4 of Section 5, Township 2 South, Range 83 West of the 6th Principle Meridian, County of Eagle, State of Colorado and as fully described in attached Exhibit A; 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 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: �5 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 conforms to the requirements of Section 2.09 of the Eagle County Land Use Regulations, which are incorporated herein as if set forth with particularity. 111111111111111111111111111111111111111 623900 06/29/1997 04:43P 6727 P937 1 of 4 R 0.00 D 0.00 Sara J Fisher, Eagle, CO 3. That the propos special use is not incompatible w"'existing uses in the area. 4. That the following have been considered: The potential effect of the use on the character of the neighborhood, adequacy of access to and from the area, appropriateness of the physical arrangement of the use on the proposed site, consistency with the Master Plan, and adequacy of the environmental impact report. 5. That for the above - stated and other reasons, the proposed special use is in the best interest of the health, safety, 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 Ann Cathcart, dba Learning Camps, Inc, Eagle County File Number ZS- 00007, for a Special Use Permit for a Resident Camp /Educational Facility within 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: This special use permits this educational camp to operate as a summertime use. The site is permitted a maximum of four temporary units, one single family cabin, and accessory structures - all as generally delineated on the submitted site plan. 2. This Special Use Permit may commence upon issuance of the State Highway Access Permit and construction of any improvements required for issuance of the permit. 3. The applicant must provide sufficient fencing along the railroad right -of- way. 4. The applicant must obtain a Private Road Crossing agreement with Union Pacific prior to commencement of activity on this site. The applicant must submit an annual report to the Department of Community Development no later than September 30th of each year that the camp is in operation. This report shall include, but not be limited to, student/counselor occupancy, occurrence of accidents, notification of complaints received and the resolution of those complaints, number of vehicle trips and method of access to the site, septic system pump -out reports, and general activities which have occurred on the site. 6. This special use permit will expire on the fifth anniversary of approval granted by the Board of County Commissioners. THAT, all material resentations made by the Applic -"in the applications and public meetings shall be adhered to and considered conditions =4 approval, unless otherwise amended by other conditions. THAT, the annual inspection performed by the Department of Community Development shall cause the instigation of revocation proceedings if compliance with these conditions and evaluations are not met nor able to be resolved by the staff. 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 Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the _ day of _ 1� , 1997, nunc pro tunc to the 12th day of May, 1997. Clerk to the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLO- RADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By Johnnette Phillips, Chai erson es E. Joh son, Jr., mmissioner Geor A. Gates, Commissioner Commissioner -60 seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Johnnette Phillips %�_ Commissioner James E. Johnson, Jr. a Commissioner George A. Gates �__ This Resolution passed by (-�l — � vote of the Board of County Commissioners of the County of Eagle, State of Colorado. �s A TRACT OF LAND DESIGNATED THE "RENN NTY ER TRACT" IN THE COU OF EAGLE AND STATE QF COLORADO, LYING IN THE SOUTHEAST CORNER. OF TRACT 39. AT THE INDEPENDENT RESURVEY 2 SOUTH, RANGE 83 WEST OF THE 6TH P.H. OF.-TOWNSHIP APPROVED BY THE SURVEYOR GENERAL AT.DENVER, COLORADO, ON APRIL 30, 1918; SAID " TRACT" BEING FOLLOWS S TO HORE:PARTICULARLY DESCRRBED AS TO WIT: BEGINNING AT CORNER NO. 1 (SOUTHEAST) IDENTICAL WITH CORNER NO. 5 (SOUTHEAST) OF SAID TRACT 3-9 OF THE AFOREMENTIONED TOWNSHIP AND RANGE; THENCE NORTH ALONG THE EAST LINE OF SAID'T.RACT 39 243.52 FEET TO CORNER NO. 2 (NORTHEAST) ON THE SOUTHERLY RIGHT OF WAY LINE OF THE DENVE AND RIO GRANDE WESTERN RAILROAD (r, R THE DENVER AND SALT LAKE WESTERN RAILROAD COMPANY); THENCE AL THE IT NOW R ON RIGHT-OF -WAY FENCE LINE OF SAID RAILROAD ON EXISTS; H 49 DEGREES 55 MINUTES 50 SECONDS W 110.26 FEET; THENCE NORTH 53 DECREES 09 MINUTES 50 SECONDS WEST 126.83; THENCE N 59 DEGREES 45 MINUTES W 180.17 FEET; THENCE N 66 DEGREES l2 MINUTES Be SECONDS W 288.78 FEET; THENCE N 79 DEGREES 53 MINUTES 40 SECONDS W 144.98 FEET; THENCE' N 84 DEGREES 08 MINUTES 50 SECONDS W 176.15 PEST TO CORNER N0. 3 ON SAID RIGHT OF WAY FENCE LIRE; THENCE S 29 DEGREES 37 MINUTES 40 SECONDS W 1.28 FLET TO A WITNESS CORNER FOR CORNER NO. 4; THENCE S 29 DEGREES 37 MINUTES 40 SECONDS W 68.00 FEET TO THE POSITION FOR CORNER NO. 4 (SOUTHWEST). NOT SET, THIS CORNER FALLS IN PERMANENT MON.UMUT C C NOT BE ESTABLISHED; THENCE RIM AS IT HOW EXITS WHERE A 'S 50 DEGREES 13 MINUTES 20 SECONDS E 908.17 FEET ALONG THE R DESCRIBE COLORADO RIVER TO CORNER NO. 5, A POINT IN THE COLORADO D IN THAT CERTAIN WARRANTY DEED RECORDED IN BnOK 126 AT PAGE 296 OF THE EAGLE COUNTY RECORDS, HOT *SIT; THENCE EAST 80.94 FEET TO A WITNESS CORNER' CORNER N0. 5; THENCE EAST 179.06 FEET TO CORNER NO. 1, THE PLACE OF BEGINNING, COUNTY OF EAGLE. STATE OF COLORADO EXHIBIT A