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HomeMy WebLinkAboutR21-103 Approval for Special Use Permit -Ajax Sleepaway Camp file no. ZS-9131-2021 • McQueeney Commissioner moved adoption r' of the following Resolution: ti a N '• 00 M N '- BOARD OF EAGLE COUNTY COMMISSIONERS 0 a COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2021- 103 0 U RESOLUTION FOR THE APPROVAL OF THE SPECIAL USE PERMIT o 0 0 0 ci FOR AJAX SLEEPAWAY CAMP ..) N 44 U0 cc aa) v,W 0 Eagle County File No. ZS-9131-2021 w x a. & o WHEREAS, on or about January 26, 2021, the County of Eagle, State of Colorado, accepted for filing an Application submitted by Danny Hundert Ajax Sleepaway Camp (the "Applicant") for the purpose of revising its previous special use permit("Previous SUP") so that it supersedes the previous one to allow the following: • Change structures used for sleeping areas from previously approved tipi structures to cabins and allow for 12 total cabins, not to exceed 48 overnight guests, including staff • Barn structure that includes: o Commercial kitchen o Nurses' quarters o Restrooms compliant with Americans with Disabilities Act requirements o Storage area o Staff office • Allow for day campers, as well as sleepaway campers, during summer camp operating times • Outline allowances for "general summer camp activities" approved with the Previous SUP including: o Ropes courses o Zip line o Other activities outlined in Section 2.4 of the Application • Keeping of animals such as chickens and sheep • Allow up to six workshops, or planned activities outside of summer camp operating times. The proposal for the workshops is to allow for up to six activities that can range from one day to one week in length, with activities ranging from picnics to week-long yoga retreats. • Approve a variation from the stream setback to allow for specific camp recreational activities and temporary uses within the stream setback. 1 • Define camp operating times as June 15 to August 15 and create non camp operating season as June 15th through October 31 st WHEREAS, the aforementioned activities (the "Application") are proposed to take place on a 40 acre parcel zoned Resource in the unincorporated area of Eagle County located at 28525 Brush Creek Road(Eagle Thomasville Road), Basalt, CO, 81621,parcel number 247305400004; herein referred to as (the "Property"); and WHEREAS, lands zoned Resource require the review and approval of a special use permit for the operation of a Resort Recreation Facility; and WHEREAS, the Ajax Sleepaway Camp has formerly operated under the Previous SUP ZS-6549, as memorialized in Resolution No. 2018-066; and WHEREAS, this Application proposes to expand uses and operations plan, attached as Exhibit A, and as outlined in the Application, and establishing a revised special use permit (the "Special Use"); and WHEREAS, in accordance with Eagle County Land Use Regulations (the "ECLUR"), Section 5-210.E - Notice of Public Hearings, notice of the Application was mailed to all owners of property adjacent to the 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 meetings for consideration of the Applications by the Roaring Fork Valley Regional Planning Commission (the "Planning Commission") and the Board of County Commissioners of the County of Eagle (the "Board"); and WHEREAS, at its public hearing held on September 2, 2021, the Planning Commission, based upon its findings, recommended approval with conditions of the Application to the Board; and WHEREAS, at its public hearing of November 17, 2021, the Board considered the Application; associated plans; the statements and concerns of the Applicant, the Eagle County Community Development and Engineering staff, and other interested persons; and the recommendation of the Planning Commission; and WHEREAS, based on the evidence, testimony, exhibits, and study of the 2005 Eagle County Comprehensive Plan (the "Plan") for the unincorporated areas of Eagle County,the 2018 Mid Valley Area Community Plan (the "Mid Valley Plan"), the Future Land Use Map (the "FLUM") for Eagle County contained in the Mid Valley Plan, as well as the comments of the Eagle County Department of Community Development, comments of public officials and agencies, 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 the ECLUR and state law for the hearings before the Planning Commission and the Board. 2 2. THAT, the Board finds that the Application shall be reviewed pursuant to ECLUR Section 5-250,Special Uses. 3. THAT, the Application for Special Use for the Property complies with the standards in ECLUR Section 5-250.B -Standards for Special Use, as set forth below: a. Consistent with the Comprehensive Plan. Pursuant to Section 5-250.B.1, the Application, as conditioned, is in substantial conformance with the policies of the Plan, Mid Valley Plan and adopted documents pertaining to emergency services, economic resources, natural resource protection, agricultural, or infrastructure management. The designation on the FLUM as explained in the Mid Valley Plan specifically promotes recreational uses, as well as large lot low density residential uses with clustered subdivisions permissible to protect the natural environment and the Rural Lands designation. As listed in the Plan, it also allows, "commercial activities being limited to isolated uses which are only permitted by special review as provided by Eagle County Land Use Regulations." Thus, the Application, as conditioned, is in substantial conformance with applicable policies within the Mid Valley Plan and the Plan. b. Compatibility. Pursuant to Section 5-250.B.2,the Application is compatible with the surrounding land uses. The location of the existing sleepaway camp and the proposed changes and expansions of use are within the Resource zone district. Permissible uses and respective permitting requirements for the zone district are listed in Table 3-300 - Residential and Agricultural Zone Districts Use Schedule in the ECLUR. The proposed project as outlined in the Application and operations plan meets the definition of"Resort Recreation Facility; Day or Resident Camp". Thus, the Application, as conditioned, will be generally compatible with the existing and currently permissible future uses of adjacent land and other substantially impacted land, services, or infrastructure improvements. c. Zone District Standards. Pursuant to Section 5-250.B.3, the Application meets the requirements of Section 3-310.V. Resort Recreation Facility; Day or Resident Camp, which requires the use on the Property being limited to 48 total people sleeping on the Property each night, inclusive of staff and campers. Thus, as conditioned, the Application does comply with the standards of the zone district in which it is located and the standards applicable to the particular use, as identified in ECLUR. d. Design Minimizes Adverse Impact. Pursuant to Section 5-250.B.4, the design of the Application reasonably avoids adverse impacts, including visual impacts of the Application on adjacent lands, including trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration and it will not otherwise cause or create a nuisance. 3 Trash: The trash will be stored in bear-proof containers and hauled for disposal at regular intervals, thus not requiring additional service. The Application does not generate an adverse impact on trash services or on neighboring properties. Traffic and Service Delivery: The use will generate additional traffic of transporting campers to and from the site for both day camp and sleepaway camp activities. Trips are minimized through shuttling of sleepaway and day campers in 12 or 15 passenger vans from a pickup location. Additional trips will also be generated for workshops, obtaining supplies and to haul trash as well as other miscellaneous trips, such as staff days off. The Eagle County Engineering Department and Eagle County Road and Bridge Department reviewed the Application, and the adverse impacts of traffic generation has been minimized to the greatest extent practical through the use of carpooling, contingency planning, and limiting daily trips. Parking and Loading: Parking requirements for the development proposal are not designated within ECLUR Table 4-120 - Minimum Off-Street Parking Standards for this type of use and, as a result, are evaluated based on similar uses. The Application includes estimates of vehicles used to transport campers and participants to and from the site. During the peak of operations, there will be approximately five sleepaway camp vans, four staff and operations vehicles, and two day camp vans for a total of 11 vehicles needed to make trips on a regular basis. There are five additional parking spaces on site for staff, the existing residence, and additional spaces, while maintaining a vehicle turnaround adequate for loading and unloading as well as emergency vehicle access. With a total of 16 parking spaces for the use and a circular driveway on-site, all traffic circulation, parking, and service delivery at the location will occur on-site and avoid impacts on adjacent lands. The parking and driveway are or will be constructed using an all-weather surface with appropriate drainage and adequate area is available for ADA accessible spaces. Odors: The Application indicates the proposed additions to sleepaway camp operations, day camp and workshops are not anticipated to generate odor. The Application does not include any uses that are anticipated to generate odor beyond the standard agricultural uses of keeping chickens and sheep and daily campfires. Keeping of livestock is a use-by-right on the Property as outlined for the Resource zone district in ECLUR Table 3-300. Smoke and Particulate Matter: The Application indicates daily campfires will occur on the Property during sleepaway camp operations unless restricted by any current fire restrictions. Campfires will also occur during the proposed workshops when allowed outside of fire restrictions. The use of campfires generates additional smoke and particulate matter being released into the air, the impacts were considered as part of the Application and the use of a daily campfire if 4 allowed due to fire restrictions will not emit smoke exceeding a density (opacity) of twenty (20)percent and will not emit dust and fumes beyond the property line. Noise: The Application included an operations plan, attached as Exhibit A, which proposes quiet hours or "quiet time" between 9:15pm and 7:30am to minimize noise impacts to adjacent properties. Ajax staff will be ensuring activity noise is kept at a normal level during daytime operations. Glare and Vibrations: The Application is approved for wooden cabins which would not create a glare from the property. If there is a glare from the windows of the cabins, the surrounding forest would mitigate the glare from adjacent properties. The Applicant does not conduct any activities at the camp which will produce perceptible vibrations. None of the proposed uses associated with the operation of the camp are anticipated to produce perceptible vibrations. Thus, as conditioned, the Application will reasonably avoid adverse impacts to adjacent lands. e. Design Minimizes Environmental Impact. Pursuant to Section 5-250.B.5, the design of the Application minimizes environmental impacts and will not cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. Evaluation of environmental impacts are reviewed through the environmental impact report (EIR). Staff evaluated the majority of Ajax Sleepaway Camp's impacts on the environmental resources listed in the standard during review of the Previous SUP. Therefore, the Community Development Director determined that the Applicant did not need to submit a full EIR with this Application due to the size and scope of the new proposed uses. While a full report was not required to evaluate the Application's impact on water and air resources, scenic resources, and other natural resources, staff required a wildlife impact report to evaluate potential impacts of extending the operating season from the third week of August through October 31 st of each year. Colorado Parks and Wildlife provided referral comments stating the impact would be minimal on wildlife. Additionally, the Application proposed uses within the required 75-foot stream setback of the ECLUR Section 3-340.c.6 in order to use and improve the stream setback area and utilize the existing pond for camp activities, such as swimming, paddleboarding, an ongrade slip and slide, and temporary storage structures. The Application cited the Basis for Granting the Variation as "Obtain Desired Design Qualities" which "allows for integration of mixed uses or allows for greater variety in the type, design, and layout of buildings." These water activities are functionally dependent on being close to or on the water and therefore meet the basis for granting the variation of obtaining the desired design quality, and the limited uses minimize environmental impacts with the condition of approval regarding water quality sampling and reporting. 5 The Board made the determination that changes to the length of operation and the proposed new uses and structures on the property minimize the environmental impact with adherence to the conditions of approval. Therefore, the Application, as conditioned, will fully minimize environmental impacts, and will not cause significant deterioration of water and air resources, wildlife habitat, scenic, and other natural resources. f. Impact on Public Facilities. Pursuant to Section 5-250.B.6, the Application will be adequately served by public facilities and services, including roads,pedestrian paths, potable water and wastewater facilities, parks, schools, police and fire protection, and emergency medical services. Roads: The Property is accessed from the Roaring Fork Valley by driving east up Frying Pan Road past Ruedi Reservoir then heading north for 3.2 miles up Brush Creek Road (Eagle-Thomasville Road). Both are public roads and are maintained by Eagle County including in areas in other jurisdictions through intergovernmental agreements. In accordance with ECLUR Section 4-620.J.1.h Dual Access, the Property can alternatively be accessed from the Eagle River Valley by way of Brush Creek Road. This route is 18 miles on rural dirt roads between the camp and paved roads near the Sylvan Lake State Park Visitor's Center and is less maintained and more rural in nature. However, these two access routes provide the redundant emergency ingress and egress contemplated in the instance of a closure or causing the access road to become impassable. Neither route option is open or maintained year-round, but the uses are only proposed during the summer and fall when the road is open. Additionally, a site plan of the driveway has been provided with vehicle pullouts and an emergency vehicle turnaround in compliance with the requests of the Roaring Fork Fire Rescue Authority (the "RFFRA"). The RFFRA has reviewed updated plans for emergency vehicle turnaround and turn radiuses on the Property. Brooke Stott, Deputy Fire Marshall, indicated approval of the proposed access, pullouts, and turnarounds in the Application. Pedestrian Paths: The Property is not accessed externally by pedestrian paths. Day and sleepaway campers should only access ziplines from onsite and not the shoulder of Brush Creek Road. Internal trails have been developed to support the uses and activities onsite. These trails have a native material surface. All parking is located on the Property and pedestrian access between parking areas are connected by internal trails or graded areas. Therefore, these internal circulation pedestrian paths are adequate to support the uses. Potable Water: The Applicant will operate a commercial well to provide drinking water to the Application. The commercial well can be operated so long as the Applicant operates the plan for augmentation that is decreed pursuant to Division 5 Water Court Case Number 19CW3032. Staff reviewed the 2019CW3032 6 decree, the engineering report supporting Case Number 2019CW3032, and the contract between Camp Grandma Lukey, LLC and the Basalt Water Conservancy District evidencing its source of augmentation. Of note, in the plan for augmentation, the accounting identifies that there will be 30 staff persons and 100 campers a day. While this many persons are allowed during the day pursuant to the plan for augmentation, the Applicant is still limited to 48 overnight campers and staff pursuant to the Application. There is an adequate water supply if the Applicant adheres to the condition of Approval regarding the commercial well permit. Wastewater Facilities: The Applicant has constructed an onsite wastewater treatment system("OWTS"), which has been permitted and installed but is not yet in use. The OWTS has been designed to serve the lavatory sinks outside of the vault toilets, the proposed commercial kitchen, and the proposed ADA accessible restroom and health services room. The restroom facilities for the boys and girls cabins are permitted vault systems that must be pumped by a septage hauler on an as-needed basis, records shall be submitted to Eagle County Environmental Health and maintained for all waste and wastewater removal and inspection activities. Monitoring and tracking of wastewater flows is required as part of ongoing use of the permitted OWTS systems, including pumping records for the vault systems and metering of flows for the full OWTS. Along with maintaining documentation of the flows, if the daily flow rate exceeds 1,000 gallons per day, the Applicant is required to report such an event to Eagle County Environmental Health. There are adequate wastewater facilities if the Applicant adheres to the conditions of Approval. Parks and Schools: It is not anticipated the operation of the Application will have any impact on public parks or schools. Police, Fire Protection and Emergency Medical: The Eagle County Sheriff's Office did not provide any comments on the Application; therefore, it is anticipated the operation of the Application will not have a significant impact on their resources. The Property is located within the service area of the RFFRA. The Application was sent to the RFFRA for referral agency review. Referral comments were submitted by the RFFRA and are included as Exhibit B. The referral comments provided by RFFRA were made conditions of approval for the Application. Therefore, the Application, as conditioned, will fully minimize impacts on Public Facilities. g. Site Development Standards. Pursuant to Section 5-250.B.7, theApplication is in compliance with Article 4 Site Development Standards including requirements for parking and loading, landscaping and illumination, signs, natural resource protection, and commercial and industrial performance standards. 7 Off-Street Parking and Loading: As analyzed previously under Standard 5-250.B.4. Design Minimizes Adverse Impact, the Division 4-1 Off-Street Parking and Loading Standards in Article 4 have been met. Landscaping and Illumination: Additional landscaping is not included as part of the Application for expanded sleepaway camp infrastructure, day camp use, and workshops. The landscaping was reviewed as part of the Previous SUP. Because the Applicant did not have major updates to the site plan, the Community Development Director did not require an additional landscaping plan. Some additional illumination is anticipated with each of the cabin structures. The Application states, "lighting will be downcast porch lighting" in addition to some downcast lighting to illuminate walking paths at night. Low-wattage bulbs are proposed to keep illumination minimal. Further, the proposed lighting for the cabins is not anticipated to create adverse negative impacts to adjacent properties as the cabins will be evaluated for setback requirements at the time of building permit review. Sign Regulations: The Application does not include plans for any signage. All future signage is required to meet the ECLUR sign standards. Natural Resource Protection: ECLUR Section 4-400, standards include wildlife protection, geologic hazards, hillside developments, wildfire hazards, wood burning controls, ridgeline projections, and environmental impact reports. The Property is not in an identified ridgeline protection area and the environmental impacts and wildlife were reviewed previously under Standard 5-250.B.5: Design Minimizes Environmental Impact. The remaining standards are reviewed below. Areas Subject to Geologic Hazards & Hillside Development: The "Bedrock Geological, Surficial Deposits and Potential Geologic Hazards Map, Eagle County, Colorado", prepared by Allan E. Miller, Consulting Geologist, identifies the Property as Area '4C' requiring detailed geologic and engineering investigations for the entire area for development planning specifically in regard to "potential rockfall areas associated with talus slope. Medium to coarse blocky materials deposited by rockfall at the base of cliffs. Emphasis on, but not limited to, rockfall hazard, slope stability, surface and subsurface drainage."Additionally, a significant portion of the Property where the use area is located has 30% or greater slopes, which are subject to the ECLUR Section 4-425 Hillside Development Standards. The Application included a map with contours of these hillside slope areas, prepared by Al Beyer Design Inc. in coordination with the professional land survey information provided by High Country Engineering. Additionally, the Application included photos of the visual impacts from areas accessible to the public. The map shows all the camp developments are outside of the 30%hillside 8 areas. The structures developed along the Property boundaries are buffered from the hillside slopes by an access route/trail bench. A condition of approval requires both retroactive and future building permits for structures in the vicinity of a hillside to include a memo, prepared by a qualified professional, providing a review and potential mitigation of any rockfall, hillside stability, and drainage concerns that the habitable structures may be subject to. Wildfire Hazard and Wood Burning Controls: Per ECLUR Section 4-430 Development in Areas Subject to Wildfire Hazards, the Application was reviewed by the Colorado State Forest Service (the "CSFS"), which provided recommendations regarding construction techniques for the proposed structures due to the "Moderate" wildfire hazard for the proposed developments. The Eagle County Wildfire Mitigation Coordinator further reviewed CSFS's recommendations and confirmed the referral comments are required per Eagle County's wildfire regulations. Wildfire hazard requirements have been met. Impacts of campfires were analyzed under Standard 5-250.B.4: Design Minimizes Adverse Impact under the discussion of ECLUR Section 4-530 - Smoke and Particulate Standards. Commercial and Industrial Performance Standards: ECLUR Section 4-510 lists commercial and industrial performance standards. Although a Resort Recreation Facility; Day or Resident Camp is listed as a Resort/Recreation/Amusement use in ECLUR Table 3-310, staff evaluated the Application against the commercial and industrial performance standards for consistency with a commercial operation. The standards for commercial and industrial performance are noise and vibration standards; smoke and particulate matter; heat, glare, radiation and electrical interference; and storage of hazardous and non-hazardous materials. Evaluation against standards for noise and vibration, and smoke and particulate matter was considered in Standard 5-250.B.4: Design Minimizes Adverse Impact above. Heat. Glare. Radiation and Electrical Interference: Consideration for potential glare from the proposed cabin structures is evaluated in Standard 5-250.B.4: Design Minimizes Adverse Impact of this report. The Application does not include uses that emit excess heat or any radiation or electrical interference. Storage of Hazardous and Non-Hazardous Materials: ECLUR Section 4-550 - Storage of Hazardous and Non-hazardous Materials considers the storage of flammable or explosive materials and outdoor storage of materials or waste. The Application does not include storage of flammable or explosive materials. While garbage will be stored onsite, the Application states, "garbage will be stored on site in a bear proof shed and brought to the municipal landfill once weekly." Improvement Standards: Many of the Division 4-6 Improvement Standards have been analyzed previously under Standard 5-250.B.6. Impact on Public Facilities. 9 Roadways, sidewalks, water, and sanitary sewer were all reviewed above. However, additional standards of Division 4-6 including irrigation, drainage, excavation and grading, erosion control, and utility and lighting are reviewed below. Irrigation System Standards: Irrigated areas are not proposed. Drainage: The ECLUR Section 4-650 Drainage Standards apply to any development within 100 feet of a water body. The Application meets the applicability of these standards. However, the development on the Property is relatively limited in comparison to the size of the Property and development of impervious surfaces in proximity to the stream. The Application included a drainage, erosion control and landscaping review by Pinnacle Design Group, dated March 16, 2021. The review detailed that water quality mitigation is not required due to sufficient ground cover between the developed building and the creek. It also suggested mitigations for revegetation on the disturbed areas and diverting drainage across the disturbed road cut to prevent runoff from running directly into the stream or pond. These recommendations are incorporated as conditions of approval. Excavation. Grading. and Erosion Control Standards: With regard to any future improvements on the site, a grading permit with appropriate erosion control measures is required for all soil disturbance, grading, excavation and earthwork construction that is not approved in accordance with Appendix J of the 2009 International Building Code. The memo provided by Pinnacle Design Group includes recommendations in regard to steep slopes and as stated previously have been included in the conditions of approval. Utility and Lighting Standards: Utility easements and lateral stub outs do not apply to the Application. Impact Fee and Land Dedication Standards: As reviewed previously under Standard 5-250.B.4, the uses are anticipated to generate 320 additional trips annually over the Previous SUP. The Applicant is responsible for paying the appropriate road impact fees for the additional traffic generation at the time of approval of the Application. Thus, the Application, as conditioned, will comply with all applicable standards in the ECLUR,Article 4, Site Development Standards. h. Other Provisions. Pursuant to Section 5-250.B.8, other provisions of the ECLUR for use, layout, and general development characteristics in addition to those already referenced and/or addressed have been found applicable to this Application. The Application includes operations and uses that require additional approvals from a multitude of state and local agencies, including but not limited 10 to childcare licensing and review of health and safety standards by the Colorado Department of Public Health and Environment ("CDPHE"). The Applicant is required to comply with all federal, state and local laws. An annual report is required for Eagle County to ensure the Resort Recreation Facility and Education Facility are operated in a manner consistent with the conditions of approval. Thus, the Application does comply with all standards required by all other applicable provisions of the ECLUR for use, layout, and general development characteristics. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT this Application for a Special Use Permit is hereby approved, subject to the following conditions, and that violation of any condition shall be the basis for revocation of the Special Use Permit pursuant to the ECLURs: 1. The number of persons staying overnight on the Property for the sleepaway camp or workshop use shall not exceed 48 persons per night, inclusive of staff and participants. 2. Prior to conducting day camp or sleepaway camp operations, the Applicant shall provide to Eagle County Engineering Department a valid contract with the pick up/drop off location property owner that includes permitted use of the pick up/drop off location for the dates that cover all camp operations (day and sleepaway) and extended fall dates with additional parking, if needed, for the workshops. The information shall be provided to the Eagle County Engineering Department for review and approval. The Applicant shall not be permitted to conduct camp operations or extended fall dates operations unless and until such permission to use a pick up/drop off location property is provided to the Eagle County Engineering Department. Similar documentation for subsequent operational years shall be maintained and available for review by Eagle County upon request. 3. Changes or additions to the pick up and drop of locations must be reviewed and approved by the Eagle County Engineering Department. An adequate demonstration of permission is the same type of contract detailed in Condition 2 to use the location for pick up and drop off. The location must be substantially equal to the Aspen Middle School location with regard to traffic impacts on public infrastructure, specifically Frying Pan Road. 4. The Applicant shall comply with all the comments and requirements as outlined in the letter dated June 3, 2021 from Roaring Fork Fire Rescue Authority included as Exhibit B. 5. The Applicant shall document and report its compliance with CDPHE `Natural Swim Area compliance and sampling guidelines' if using the pond for recreation. The Applicant shall maintain its monitoring results and shall make such results available for review by Eagle County Environmental Health upon request. The Applicant shall close the pond immediately for any use if sampling results indicate that the pond water exceeds CDPHE Water Quality Control limits for E.Coli or coliform bacteria and the Applicant 11 shall contact Eagle County Environmental Health Department immediately to inform the Department of such sampling results. The Applicant shall comply with all CDPHE Requirements and provide two concurrent negative samples to Eagle County Environmental Health Department before it will be permitted by Eagle County to reopen the pond for any use. 6. The Applicant shall provide a valid commercial well permit to the Eagle County Community Development Department prior to commencing any activities on the Property related to operation of the Special Uses approved in this Application. 7. The Applicant shall monitor with a meter and record wastewater flows to ensure the use is maintained below 1,000 gallons per day (gpd) as required as part of the ongoing use of the OWTS for the barn. In the event the daily flow rate exceeds 1,000 gpd, the Applicant shall report it to Eagle County Environmental Health for referral, permitting, and oversight by CDPHE Water Quality Control Division (WQCD) for exceeding limits defined under WQCD title 6. The Applicant shall comply with any required mitigation measures required by Eagle County Environmental Health to remedy the violation. 8. The Applicant shall comply with all local, federal and state fire restrictions, including but not limited to red flag warnings. 9. The Applicant shall install an automatic fire suppression system in each cabin. The building permit Application for each cabin shall include plans for these automatic fire suppression systems. Building permit plans must be reviewed and approved by the Roaring Fork Fire Rescue Authority. 10. The Applicant shall provide the Eagle County Planning Department and Roaring Fork Fire Rescue Authority with its annual Amusement Ride of Device Certification of Inspection. 11. At time of building permit Application for any improvements or structures used in operation of the Special Use within the vicinity of a 30% slope, the Applicant shall include a report, prepared by a Colorado licensed geotechnical engineer, assessing the geologic hazards at the proposed development, including rockfall hazards, slope stability, and drainage impacts. This report shall include mitigation measures, if necessary. The Applicant shall adhere to the proposed mitigations, if any, in order to mitigate the hazards. 12. Prior to commencing operation of any Special Use activities which impact the disturbed areas of the site, the Applicant shall complete all grading for drainage control and re-establishment of vegetation, including a stormwater diversion berm and two drainage dips constructed on the road cut along the northern Property boundary. These improvements shall be completed under an approved grading permit and in compliance with the Pinnacle Design Group memo. 12 13. The Applicant shall provide annual reporting at the end of each season, to be submitted to the Eagle County Community Development Department on or before the first day in November of each year of operation of the Resort Recreation Facility and Education Facility. The report should include, but not be limited to, information related to: the total number of campers/guests served during the previous season; any traffic incidents involving the Resort Recreation Facility and Education Facility; the total number of administrators and/or employees; documentation of any code violations, code enforcement cases, or nuisance complaints filed in conjunction with the Resort Recreation Facility and Education Facility or camp activities and how the Applicant remedied the issue; any required licensing documentation; and demonstration of compliance with the conditions of approval of the Special Use permit. THAT, this Special Use Permit shall be subject to review as provided for by the ECLUR. THAT, the Board 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. The rest of this page intentionally left blank. 13 MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 14th day of December, 2021, nunc pro tunc to the 17th day of November, 2021. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its �P�DE eacIEcoG BOARD OF COUNTY COMMISSIONERS ATTEST: —DocuSigned by: \ By: e—DocuSigned by: IORADO P itt t 1 bviun, half sdLLvv Clerk to t11e DVQ1U 8g844° - Matt Schert1E7B2D718E0473... County Commissioners Chair Absent Kathy Chandler-Henry Commissioner r—DocuSigned by: 1 Q" Jeanne 94-eQl.teermA47A... Commissioner Commissioner Scherr seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Scherr Aye Commissioner Chandler-Henry Absent Commissioner McQueeney Aye 14 Exhibit A — Operations Plan 2.1 Operating Plan The property is zoned Resource(R)and thus has the following land use definition: The purpose of the Resource (R)zone district is to maintain the open rural character of Eagle County and to protect and enhance the appropriate use of natural resources and agricultural uses in the County including water, minerals,fiber and open land. This is accomplished by limiting residential development to very low density single-family uses on lots of thirty-five (35) acres or larger, or by encouraging clustered development on smaller lots within those portions of a property that do not contain environmental resources or natural hazard areas and by maintaining the remainder of the property as common open space or ranch land, and by limiting new commercial development to uses that have a resource orientation and to small recreation areas that comply with Master Plan policies for such uses. Article 3-310.V of the Land Use Code defines a Resort Recreational Facility as a facility that provides accommodations yet establishes a ceiling on the number of dwelling units and visitor beds allowed. These maximums for the Resource Zone are 12 and 48 respectfully. Operating within these constraints,this application seeks to request permission to obtain a Special Use Permit in order to continue to allow children's recreation and outdoor education on the property with the changes outlined in section 1.1. Additional development beyond the existing site structures, includes a nurse's quarters,ADA bathrooms and the completion of the commercial kitchen as included in the 2016 approved Special Use Permit. 2.1.1 Daily Operations Sleepaway Campers • Each Sunday afternoon of the camp season, children will be transported to the site (see transportation sections for details). • Upon arrival, children will meet their bunk groups and move into their bunks for their weeklong stay. • There will be an orientation meeting in each bunk and then an all-camp orientation going over camp rules, safety protocols,and fire drills. • Campers will then have dinner provided by the Eagle County approved small commercial kitchen and the in-house camp cook. Everyone will eat in the covered"eating porch". • After dinner there will be games offered. • After post-dinner games is campfire time(following all fire regulations and bans as dictated by the fire department on a year-by year basis). S'mores will be roasted. Songs will be sung. • Brush teeth,get ready for bed,bed-time stories. • Wake up the next day for a great day! • Optional early morning yoga,mindfulness,stretching,or'old-timey' warmups. • Early morning ranch jobs—all campers shall participate in the workings of camp. This could include collecting chicken eggs and feeding the sheep(kids will wash hands immediately after!). Other early morning jobs could include removing thistles or making artwork to beatify the eating areas. • Then breakfast time. • After breakfast is activity time—campers will choose from a variety of activities offered that morning—see section 2.4 for details. • After activities is lunch. • • After lunch is a 1-hour rest time to go back to one's bunk and read a book,take a nap,or generally do something quiet to re-energize for the afternoon. • After rest is afternoon activities whereby a new set of activities are offered for kids to choose from in the afternoon. • After afternoon activities the campers will return to get ready for dinner. Groups will rotate to be able to optionally take a shower so they can shower every other day. • Diner time • Repeat that itinerary each day. • Saturday morning, campers will pack up and they will be transported back to their pickup location by noon. Number of people: estimated at a maximum of 40 campers+8 overnighting staff onsite. Dav Campers visit zipline: • A maximum of 2 vehicles from day camp may come to the ranch on the weekdays (see section 2.5 for transportation details). • Arrival is 11:00 am • 2 parking spaces will be allocated for them. See Appendix 7 (site plan) showing parking capacity. • They will walk up a side trail to the zipline for their activity; hence they are not going through the main sleepaway camp areas. They will bring their own lunch and water. • The activity will not overlap with the sleepaway campers. • They will depart the ranch by 3:00 pm. Number of people: estimated at: 10 campers+2 staff onsite. Total on site in day: Overnight 48;thus during the day the maximum is estimated at 60 people. Workshops: We kindly request the ability to run up to 6 workshops annually as follows: • When camp is not in session,the allowance of educational workshops not to exceed people on-site as defined above for sleepaway camp. o Dates for hosting workshops would be after June 15th until Oct 31 st • 8 Maximum vehicles per workshop as shown in traffic table in section 2.5. • No more than 6 workshops per year. o Workshops can be single day or overnight-not to exceed a week in duration. • Workshops could include yoga,meditations,outdoor trainings,community picnics,or other activity that falls within the activity and operating plan of the sleepaway camp. Total maximum people onsite for a workshop time: 48 In order to show no significant impacts to wildlife from workshops in times after the third week of August,the principal wildlife biologist from Colorado Wildlife Sciences performed an Environmental Impact Report for Eagle County Special Use Permit per the requirements outlined by county staff for this application. The findings are summarized as: "The application proposes changes in use of a property that is currently developed and used as a sleepaway summer camp. No new development or vegetation removal is proposed. In addition, no activity is proposed in the winter or during the spring and fall transition periods when elk and mule deer are most active in the area. As such, it is unlikely that implementation of the proposal will result in the direct or indirect loss of wildlife habitat, substantial disruption of wildlife behavior, or loss of native vegetation. " The full report is shown in Appendix 17. 2.1.2 Handling Complaints All community members have the contact information for the camp and are encouraged to contact camp regarding any complaints or concerns. All complaints will immediately be addressed and remedied as quickly as possible. Since operation in in 2016,we had one speedingcomplaint (exceeding 25 mph)from a community member in Thomasville and that staff memberwas subsequently terminated. We listened,acted,and we have not had a speeding issue since. In the event of a complaint,the community will have the contact information for the camp director and all complaints will be handled by the director. Complaints will all be replied to within 48 hours. Furthermore, a camp representative will make their best effort to attend each community caucus meeting to answer questions and also help in community matters. 2.1.3 Meals Meals will be provided via a commercial kitchen inspected and approved by Eagle County Environmental Health. Breakfast is served at—8:45,Lunch at—12:30, and Dinner at—6:00. Meals will be served buffet style in accordance with Eagle County health regulations through the commercial kitchen certification. 2.1.4 Maintenance of Systems • Commercial kitchen will be cleaned daily and deep cleaned once weekly in accordance with Eagle County Environmental Health standards. • Garbage will be stored on site in a bear proof shed and brought to the municipal landfill once weekly. • The septic system shall be pumped on schedule as determined by the septic pumping contractor. Exhibit B —Roaring Fork Fire Rescue Authority Letter dated June 3, 2021 ROARING FORK FIRE RESCUE AUTHORITY 1089 J W DRIVE CARBONDALE, CO 81623 June 3, 2021 Olivia Cook, Eagle County Assistant Planner Dear Olivia, I appreciate the opportunity to review the Ajax Sleepaway Special Use application and the updated site plan for next year's Sleepaway and Day Camp sessions. I offer the following comments: 1. Camp fires: It was stated that camp fires were dependent upon fire restrictions, which is fine. However,the fire authority will inspect the camp fire ring and surrounding area and no campfires will be allowed during Red Flag Warnings (warm temperatures,very low humidity, and strong winds). 2. Commercial Kitchen: The application stated that a commercial kitchen will be reviewed by Eagle County Environmental Health,however the fire authority will also like the opportunity to review plans and installation of any commercial cooking equipment.The hood and ventilation system should be professionally designed and installed to meet NFPA 96 Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations, and follow the 2015 International Fire Code requirements. 3. No outdoor charcoal grill shall be used for cooking. 4. Training Certifications. Please provide copies of training certifications and plan and/or guidelines for the"training on emergency response, fire safety,communications, and camper activity safety"as stated in the application. The fire authority will review all safety plans. 5. The fire authority will offer fire extinguisher training on site to all staff prior to start of the camps. Mr. Hundert can contact our fire prevention staff and coordinate training and site visit before the camps open. 6. Fire extinguishers locations were not indicated on site map. Fire extinguishes also need to be serviced and inspected annually. 1 7. Cabins will be installed with an automatic fire suppression system and plans will be submitted and reviewed by Roaring Fork Fire Rescue. The sprinkler contractors will work with RFFR on water storage and supply demand. 8. Water Supply.The application stated that a water tank for fire suppression was on Appendix 7. I need clarification if the"Water Tank Lid" is the location of the fire tank? There was no other fire suppression tank indicated on the site map,nor did it indicate how large of tank.The tank shall follow the dry hydrant specifications that are located on our website,www.roaringforkfire.org located under Fire Marshal's Office/Development and Plan Review.A revised site map showing water tank/dry hydrant is required. 9. Emergency Response: The emergency response section indicated they would have backboards on site. I think it's appropriate to have something in writing on who is trained on backboarding and what immobilization devices they plan to use(ie: straps, collars, head immobilizers,etc.). 10. GPS coordinates were listed in the application and those coordinates will be put into our pre-plan program called First Due Size Up. 11. Activities: Will biking start from camp site or transported to specific locations?Or bike on property?Concern of children bicycling on Brush Creek Road and Frying Pan Road. Please provide maps or locations of biking trails. a. Paddle Boarding: It's recommended that campers wear life preservers at all times while paddle boarding. 12. Amusement Ride or Device Certification of Inspection: This is a reminder that the certification expires August 9, 2021.A current certification would be required prior to camp start date. 13. Emergency Pullouts: The pullouts are sufficient. 14. Site Map A1.001shows fire truck turnaround,however there is no inside radius indicated on map. Our minimum is R30'. If I can be of further assistance with this process please contact me at your convenience. 2 Sincerely, Brooke Stott,Deputy Fire Marshal Cc: John Mele, Fire Marshal PROBL.EMs :. LIVES NEIGHBORS kid 41‘ L171111 1 LD,,, ‘4, firearevention(a roaringforkfire.org Phone: (970) 340-7038 Fax: (970) 704-0625 3