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HomeMy WebLinkAboutR21-082 Terminating Special Use Permit ZS-315-91 Water Ski Lake and Wetlands Eagle County, Co 202123420 DocuSign Envelope ID:1144F40C-C236-4F5B-B783-4424193264A3 Regina O'Brien 10/18/2021 Pgs: 8 01:11:48 PM REC: $0.00 DOC: $0.00 Commissioner Chandler-Henry moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE,STATE OF COLORADO RESOLUTION NO.2021- 082 RESOLUTION TERMINATING SPECIkL USE PERMIT ZS-315-91 -WATER SKI LAKE AND WETLANDS WHEREAS,Woody Ventures, LLC and the Tree Farm RFV, LLC are the current owners of the real property described in the Special Use Permit described and defined below (the "Property"); and WHEREAS, Andrew Lane previously sought and obtained a special use permit for the operation of a private water ski lake on the Property (Eagle County File No. ZS-315-91) as set forth in Eagle County Resolution No. 92-75 recorded July 30, 1992, in the Eagle County Clerk and Recorder Records as Reception No.482031,which is attached hereto and incorporated herein as Exhibit A("Special Use Permit"); and WHEREAS, subsequent to the issuance of the Special Use Permit, the portion of the Property on which the lake is located became subject to the Tree Farm Planned Unit Development, as amended ("PUD"), originally approved by the Board of County Commissioners on June 26, 2017, and evidenced by Eagle County Resolution No. 2017-064 recorded in the Eagle County Clerk and Recorder Records as Reception No. 201718206; and WHEREAS,because the lake within the Property is now governed by the Tree Farm PUD, Andrew Lane, Woody Ventures, LLC, and Tree Farm RFV, LLC requested that the County extinguish the Special Use Permit for the Property, as it is no longer needed and is superseded by the PUD. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, the Special Use Permit (Eagle County File No. ZS-315-91) for the operation of a private water ski lake as set forth in Resolution No. 92-75, attached hereto as Exhibit A, and recorded on July 30, 1992 in the Eagle County Clerk and Recorder Records as Reception No. 482031 is hereby extinguished and terminated as to the Property. THAT, the Board of County Commissioners finds, determines and declares that this Resolution is necessary for the public health, safety, and welfare of the citizens of the County of Eagle, State of Colorado. DocuSign Envelope ID:1144F40C-C236-4F5B-B783-44241932B4A3 MOVED AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 12th day of October 2021. COUNTY OF EAGLE, STATE OF OF EAGLE COLORADO, By and Through Its * ��� BOARD OF COUNTY COMMISSIONERS ATTEST: �� DocuSigned by: • r Absent •O(ORAOO By: Clerk todcsofo- Matt Scherr County Commissioners Chair ,-DocuSigned byVrg t Jeanne IVic.QueencryAmm Commissioner DocuSigned by: Kathy Chattolsier4lemoy Commissioner Commissioner Chandler-Henry seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Chandler-Henry Aye Commissioner McQueeney Aye Commissioner Scherr Absent This resolution passed by 2/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. DocuSign,Envelope ID:1144F40C-C236-4F5B-B783-44241932B4A3 EXHIBIT A Special Use Permit DocuSign Envelope ID:1144F40C-C236-4F5B-B783-44241932B4A3 71-- ' i Commissioner 1 moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO . t:.o. RESOLUTION NO. 92 - 4.0. APPROVAL OF SPECIAL USE PERMITv .' Andrew Lane - Water Ski Lake and Wetlands �. C FILE NO. ZS-315-91 WO WHEREAS, Andrew (Ace) Lane ("Applicant") did file an appli- cation with the Eagle County Department of Community Development on or about November 11, 1991, . for, a Special Use Permit for a private water ski lake within a Resource Zone District, in the Q . unincorporated area of Eagle County described as follows: -1 c See Exhibit "A" attached hereto and incor- # p. porated herein by this reference.Q. LI and WHEREAS, based on the evidence, testimony, exhibits, study of the Master Plan for the unincorporated areas of Eagle County, 0 •comments of the Eagle County Department of Community Development, 1 `as comments of public officials and agencies, the recommendation of zt the Planning Commission, and comments from all interested par- ' ties, the Board of County Commissioners of the County of Eagle, ON C3 C) State of Colorado ("the Board") , finds as follows: fJ 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.require- :c � ments of Section 2.09 of the Eagle County.Land Use Regulations, which are incorporated herein as if set 03 Z forth with particularity.ILI 3. That the proposed special use will be compatible with . existing uses in the area. 2 • IQ'z" 4. That the followinghave been considered: The potential ! oa a effect of the use on the character of the neighborhood, 1-). adequacy of access to and from the area, a q Yppropriate- • - ness of the physical arrangement of the use on the proposed site, and consistency with the Master Plan and the environmental impact report. DocuSign,Envelope ID:1144F40C-C236-4F5B-B783-44241932B4A3 5. That for the above-stated and other reasons, the pro- posed 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 Andrew (Ace) Lane, File No. ZS-315- 91, for a Sp cial Use Permit for a privai-e water ski (lake with'in:: . _, the ResourceIZone District described herein, be approved, subject to the conditions as set forth herein. ,�1 THAT, the following shall be placed upon this approval and that violation of any condition shall be the basis for revocation of the Special Use Permit: G.? 1. The twenty-acre illegal parcel located on the subject property, in the vicinity of the proposed lake, will either be increased in size to at least 35 acres, or be dissolved. This shall be documented through a recorded Warranty Deed or Deeds. 2. The Applicant will have all appropriate water rights in place and an approved augmentation plan, or establish a letter of credit and reclamation plan satisfactory to the County Attorney and the County Engineer, before any construction takes place. 3. There will be no commercial operations associated with this project, including, but not limited to, ski clinics or ski schools for a fee, general concessions, ticketed events and admission charges.. 4. A liner adequate to control seepage will be incorpor- ated into the construction of the lake. 5. The Applicant will comply with the requirements of the . Army Corps of Engineers, Section 404 of the Clean Water Act, and Nationwide Permit 26. 6. Access related to the project will be from the Appli- cant's access easement to the northwest of the lake. The agricultural access point just north of the lake will not be used for lake-related access. 7. The Applicant will follow the Wetland Mitigation and Wildlife Habitat Improvement Plan, Lane Parcel, date; July 1, 1991. 8. The Applicant shall construct and operate the lake and wetlands in accordance with all applicable local, State and Federal Regulations. PO OF 482031 8 -585 P�-927 07 ,70/ ';' .1 C,. :a: DocuSign Envelope ID:1144F40C-C236-4F5B-B783-44241932B4A3 • 9. All material representations made by the Applicant in the application and public meeting shall be adhered to .: and considered conditions of approval, unless otherwise amended by other conditions. 10. Operations shall be limited to the hours between 7:30 a.m. and sunset. 11: The lake shall be limited to the use of one water ski boat at a time. 12. All water ski boats shall be AWSA certif;ed tournament ski boats. Noise levels shall not excee.t_ 75decibels �.. at 100 feet. ,\? ni 13. There shall be no artificial lighting of the lake for . night-time water skiing. . 14. The Applicant will produce and follow amosquito and algae/weed/odor control plan acceptable to the County staff. THAT, this Permit shall be subject to periodic review by the Planning Department and shall be heard by the Board of County Commissioners only if complaints are received and not satisfac- torily resolved by the staff. . That,. the Board directs the Department of Community Develop- ment to provide a copy of this Resolution to 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, Stat of Colorado, at its regular meeting held the ' ` . day of , 1992. �'Q COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its • ` ' ' BOA ', 0 COUNTY COMMISSIONERS 14 / J erk to the Board of -i hard L. t. - on, c man County Commissioners ; / 482031 9-585 P-927 07,43'0,;w, , .ic:- J ;, M ;' ..5 DocuSigr,Envelope ID:1144F40C-C236-4F5B-B783-44241932B4A3 • r. George . Gates, Commissioner,. Donald H. Welch, Commissioner Commissioqnner. }TS seconded adoption of the foregoing resolution. The roll having been called, .-.th vote was as follows: Commissioner George A. Gates Commissioner Richard L. Gustafs ..i Commissioner Donald H. Welch AL- y ^� This Resolution passed by ei ✓xoits vote of the Board of County Commissioners of the County of Eagle, State. .of: Colorado. THAT, this permit shall be subject to periodic review by the Planning Department, and shall be heard by the Board of County Commissioners only if complaints are received and not satisfac- torily resolved by the staff. THAT, the Board of County Commissioners directs the Depart- ment of Community Development to provide a copy of this Resolu- tion to. the Applicant. Z5-315-91 "4- PG O 482031 8-585 P�-927 07/30.,%:'�� .t,<;, 3 • DocuSign Envelope ID:1144F40C-C236-4F5B-B783-44241932B4A3 °i _ , .. -:!; ,t'- ? ., ...- . , i III &,-,d,.• 11411, •,. IIV : : . DESCRIPTION , • ' A tract of land situate. in Section 35 of TOwnSiiiio -7 South,:Range 87 West';:•° ,'.: : ' -- . • and Section2 of Township 8 `South, Range 87 West. of the 6th :Principal: ,,_ Meridian being more particularly described as follows: . Beginning at. the southwest corner of said Section 35i thence Al 02°07'04 E : :' • 670.16 feet along the west'line of said •Section 35; thence S 88'55'51" E 2622.50 feet: along the north line of, the S 1/2 of the S 1/2 of the SW 1/4 .,•` of said Secti 35; .thence S 00°40'49" W 667.61 feet along the north-south . ' . . centerline of said Section 35 • to the S 1/4 corner of Section 35,':alsa ' .. being AP 1 of Tract 38,of said Section 2; thence' S 00°41 '38" W along 'line 1-6 of said Tract 38 to AP 6 of Tract 38, also being the northwest corner of Lot 7 of survey approved by Surveyor General on .January . 20, 1891; thence S 01'12'04" W 1319.45 feet along the west line of lots 7 and 10 to a point on 'the northwest boundary of Laurel J. Estates, -County of Eagle, State of Colorado; thence along the north and west boundary of Laura J.' . • Estates the following nineteen (19) oourses: . • 1) N 89°37'45" W 64.87 feet; thence • • • 2) N 01'12'27" E 364.73 feet; thence ' 3) N 89'00'45" W 236.80 feet; thence 4) • S 04°50'45" E 52.54 feet; thence • • • ' 5) S 03°29'15" W 51.41 feet; thence • 6) S 23°48'15" W 108.46 feet; thence 7) S 00°56'15" W 205.14 feet; thence 8) ,S 10°07'45" E 90.55 feet; thence 9) S 18°17'15" W 79.16 feet; thence 10) S 29'14'15" W 90.82 feet; thence 11) S 83°17'15" W 162.69 feet; thence 12) .S 61'08'15" W 135.86 feet; thence . •• A . . ._13) . S 04°47'45" E 36.83 feet; thence `0 14) S.25°06'15" W 96.33 feet; thence 15) S 34'17'15" W 80.60 feet; thence .161 S 36'05'15" W 104.58 feet; thence . .17) S 10'42'15" W 41.48 feet; thence . 18) S 05'44'45" E• 134.08 feet; thence • • 19) S 36°59'15" W 198.55 feet to the easterly right-of-way line of Colo- • R rado State Highway No. 82; thence 1146.35 feet along the arc of a 2905.00 . 'n • foot radius curve to the left, having a central angle of 22°36'35" and .o subtending a chord bearing N 27°43'50" W 1138.93 feet along said easterly right-of-way line; thence N 39°02'07" -W 1805.40 feet along said easterly ' right-of-way line; thence 46.40 feet along the arc of 3860.00 foot radius curve to the left, having a central angles of 00°41 '19" and sub- C. tending a chord bearing N 39'22'47" W 46.40 feet; thence • S 85°14'43" E 98.94 feet; thence N 18°48'19" W 67.58 feet; thence N 15°02'29" W 119.52 feet; thence N 09°45'49" W 38.25 feet; thence n .N 04'43'44" W 44:33 feet; thence N•00°57-'26" 8 35.53 feet; thence o-., N 18'32'47" E 62.61 feet; thence N 18°28'08" E 84.30 feet; thence `i N 11 °37'20" E 206.63'feet; thence N 13°01 '28" 8 149.29 feet; thence ,r, N 02'48'58" E• 23.73 feet; thence N 27°14'26" W 178. 15 feet; thence ' ' N :12'38'10" E 49.39 .feet;.. thence N 06°.49'30" W 98.27 feet; thence e . 1 . .N 18°15'37" W-- -34,40'feet, thencel 27'11 '00" W MOO feet to the AP 3 of . ' ' Tract •38: t-.henrP t‘i fi(?°d'+..t(?n.M L. »i r c` •- •'- � •A9 - ..1-..,...3.4.J417 .mil K: J-L ll;. it Q*:;- •50 to . AP 2 of Tract`'3,8,,.also beinc{ 'the couthwest darner of Section 35, the point . M: of beginning, .00h-taints 3- 206.047 acres gore 'or less: Except.a tract of larK1 previoi.s.l•y descri-iF d' oantaining 6.81 acres more or a less.