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HomeMy WebLinkAboutR18-063 SUP Challenge Aspen Education Facility/Resort Recreation Facility File No. ZS-5995 Eagle County, co 201814257 Regina O'Brien 08/21/2018 Pgs: 4 05:14:31 PM REC: $0.00 DOC: $0.00 BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2018- 0(9 9/ RESOLUTION APPROVING SPECIAL USE PERMIT FOR CHALLENGE ASPEN EDUCATION FACILITY/RESORT RECREATION FACILITY FILE NO.ZS-5995 WHEREAS, on or about January 27, 2016, the County of Eagle, State of Colorado, accepted for filing an application(Eagle County File No. ZS-5995) submitted by Dallas Blaney (hereinafter the "Applicant") for approval of a Special Use Permit (hereinafter the "Permit") allowing for the operation of a resort/recreation facility and educational facility(hereinafter "the Facility") on certain real property, located in the Resource (R) Zone District in the unincorporated area of Eagle County more particularly described as follows: Lots 1, 2, and 3 Waters Subdivision, a 136-acre parcel of land situated in portions of the SW 1/4 of the NW '/4, Section 4, Township 8 South, Range 84 West of the 6th P.M.; and, Government Lot 1 and all of that part of the SE '/4 of the NE '/4 and the NE 1/4 of the SE 1/4, lying northerly of Eagle County Road P-104, Section 5,Township 8 South,Range 84 West of the 6th P.M.,County of Eagle, State of Colorado (the "Property"),and; WHEREAS, the Facility has been designed to provide a wilderness retreat experience for United States Military Veterans and persons with disabilities;and, WHEREAS, the Facility will be developed over time to include primitive camping sites for up to twelve (12)tent sites;up to eight(8)tipi sites; stocked fishing ponds; a climbing tower; a ropes course;and a trail system for hiking and hand cycling; and, WHEREAS, variations to the maximum allowable height of structures were requested with the Permit; and, WHEREAS, the Facility is to be operated seasonally to avoid conflict with area wildlife, no permanent structures are proposed, adequate access and on-site parking will be provided, and a shuttling system will be used to transport attendees; and, WHEREAS, notice of the requested Permit was mailed to all owners of property located within and adjacent to the subject property and was duly published in a newspaper of general circulation throughout the County concerning the subject matter of the application and setting forth the dates and times of hearings for consideration of the application by the Roaring Fork Valley Regional Planning Commission (hereinafter the "Planning Commission") and the Board of County Commissioners of the County of Eagle (hereinafter the `Board") as required by Section 5-210.E, Eagle County Land Use Regulations (hereinafter "ECLURs") — Notice of Public Hearings;and, WHEREAS, at a public hearing held on May 19, 2016,the Planning Commission,based upon its findings, voted to recommend approval of the proposed Permit,with conditions; and, WHEREAS, at a regular meeting on June 14, 2016, the Board considered the proposed Permit,and voted 3-0 to approve the Permit,with the conditions listed herein and, NOW THEREFORE, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County, the Mid-Valley Area Community Plan, as well as comments of the Eagle County Community Development Department, comments of public officials and agencies, the recommendation of the Planning Commission, and comments from all interested parties, 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 ECLURs Section 5-250.B - Standards for the review of a Special Use Permit,all standards required for the Special Use Permit have been met. 3. That pursuant to Section(s) 5-250.0 — Variations Authori:ed, and 5-250.D — Basis for Granting Variations, ECLURs,Variations have been approved. 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 the Challenge Aspen Educational Facility/Resort Recreation Facility, Eagle County File No. ZS-5995,be and is hereby approved, subject to the following conditions, and that violation of any condition shall be the basis for revocation of the 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. The Applicant shall incorporate the list of Best Management Practices (BMPs) contained in Peny Will's letter dated March 25, 2016. 3. No construction or other organized activity associated with the Resort Recreation/Educational Facility on the Property shall commence prior to June 15th of each year to minimize impacts to elk. 2 THAT, this Special Use Permit shall be subject to review as provided for by the ECLURs. THAT, the Board directs the Planning Department 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. ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, by and through its Chair the Z l day of rItiu) r , 2018, nunc pro tune to the 14thday of June,2016. COUNTY OF EAGLE, STATE OF COLORADO,By and Through Its 00)410 BOARD OF OUNTY COMMISSIO ERS moi ; 1.-4 . ATTEST: * i �/ 1'- i4 ° rJ/LA k-- oRr►oo By !//. e/,t_../J ,/. .. Alf_ I I' Clerk to the Board of Kathy an er-He y4000 b County Coi .ssioners hair 21an H. Ryan Com ssio air' e e McQueeney n ommissioner 645 U�w�‘S S % O�icAs-,. Mt ,�w,-. wl Ov u.._n P-1)O b tri loci, - Commissioner P---`--/ -• seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner Chandler-Henry A • Commissioner Ryan • Commissioner McQueeney • - 3 This resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado 4