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HomeMy WebLinkAboutR22-014 Cross Creek Disc Golf Special Use Permit Approval Eagle County, Co 202202119 DocuSign Envelope ID:35C76620-D44E-4822-9A2F-1B879688BC80 Regina O'Brien 02/08/2022 Pgs: 9 04:55:13 PM REC: $0.00 DOC: $0.00 Commissioner Schefr moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2022- Ol RESOLUTION FOR THE APPROVAL OF THE SPECIAL USE PERMIT FOR CROSS CREEK DISC GOLF Eagle County File No. ZS-009144-2021 WHEREAS, on or about March 2, 2021, the County of Eagle, State of Colorado, accepted for filing an application submitted by David and Susan Scott (collectively, the "Applicant") for approval of a special use permit for the Cross Creek Disc Golf course, located at 13117 and 13119 Gypsum Creek Road, and legally described as A tract of land in Section 31, Township 6 South, Range 84 West of the Sixth Principal Meridian, described as follows: The S1/2NE1/4, SE1/4NW1/4, N1/2SE1/4, and the SE1/4SE1/4 of Lot Ten (10); E1/2E1/2 and the W1/2SE1/4 of Lot Eleven (11); NE1/4, E1/2W1/2, NW1/4SE1/4 and the N1/2N1/2SW1/4SE1/4 of Lot Fourteen (14) according to the Special Warranty Deed recorded October 4, 1984, in Book 396 at Page 369, County of Eagle, State of Colorado; AND Parcel 1, Walden Exemption, according to the plat recorded January 21, 1982, in Book 335 at Page 241, County of Eagle,State of Colorado, respectively,and; WHEREAS, the special use permit application proposes to permit the use of a disc golf course (the "Special Use"); and WHEREAS, in accordance with Eagle County Land Use Regulations (the "ECLURs"), Section 5-210.E - Notice of Public Hearings, notice of the proposed Special Use application was mailed to all owners of property adjacent to the proposed Special Use 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 Eagle County 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 15, 2021, the Planning Commission, based upon its findings, recommended approval with conditions of the proposed Special Use,and; WHEREAS, at its regular public hearing of November 17, 2021, the Board considered the proposed Special Use; associated plans; the statements and concerns of the Applicant, the Eagle County Community Development and Engineering staff, and other 1 DocuSign Envelope ID:35C76620-D44E-4822-9A2F-1B879688BC80 interested persons; and the recommendation of the Planning Commission, and; WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County, the Future Land Use Map (the "FLUM") for Eagle County, 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 ECLURs and state law for the hearings before the Planning Commission and the Board. 2. 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 Special Use is in substantial conformance with the policies of the 2005 Eagle County Comprehensive Plan, including the goals of increasing sustainable economic development and promoting recreational activities that encourage healthy and active lifestyles. Specifically, as set forth in the staff report, the Special Use meets a preponderance of the master plan goals, policies, and objectives,while adhering to the Future Land Use Map ("FLUM") designation and prescribed uses. Thus, as conditioned, the Special Use is in substantial conformance with applicable policies within the 2005 Eagle County Comprehensive Plan. B. Compatibility. Pursuant to Section 5-250.B.2, the Special Use is compatible with the Resource zone designation, which allows for golf course use, subject to a Special Use Permit review Although the ECLURs do not expressly define a disc golf course, a golf course has been determined to be a similar and permissible use by County staff. Additionally, the Future Land Use Map of the 2005 Eagle County Comprehensive Plan identifies these properties with the Rural designation, meaning that commercial uses may be considered for limited, isolated uses that are permitted through a Special Use Permit review. Thus, the Special Use 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, since disc golf is not a contemplated use in the ECLURs, the proposal was considered to be similar to the golf course use, which is an allowed use for the Resource zone,subject to a Special Use Permit, per the ECLURs. However, there are no additional standards for the evaluation of a golf course Special Use Permit listed in the ECLUR Article 3 - Zone Districts. Therefore, the Application was not evaluated against additional use standards, and was found to comply with the basic standards of a Special Use Permit. Thus, the proposed Special Use does comply with the standards of the zone 2 DocuSign Envelope ID:35C76620-D44E-4822-9A2F-1B879688BC80 district in which it is located and the standards applicable to the particular use, as identified in ECLURs. D. Design Minimizes Adverse Impact. Pursuant to Section 5-250.B.4, the design of the Special Use reasonably avoids adverse impacts, including visual impacts of the Special Use 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. The Special Use will generally avoid adverse impacts due to the lack of development associated with the Special Use. There will be no structures erected, or sources of amplified noise, and disc golfers will be required to pack-out their trash. This reasonably avoids visual impacts as well as impacts to trash, odors, noise, glare, and vibration. The Applicant has agreed that should trash receptacles be located within the Special Use, the trash receptacles will be bear-proof. This Special Use is anticipated to generate a relatively low amount of daily trips in an estimate of 7 or 8 cars per day and there is adequate parking located on the property for the use, thus impacts to traffic, service delivery, parking, and loading are reasonably avoided. The proposed Special Use will reasonably avoid adverse impacts. E. Design Minimizes Environmental Impact. Pursuant to Section 5-250.B.5, the design of the Special Use,as conditioned, minimizes environmental impacts and will not cause significant deterioration of water and air resources, wildlife habitat, scenic resources,and other natural resources. Due to the general lack of structures or other development associated with this Special Use, the Special Use will not cause significant deterioration of water and air resources, scenic resources, or other natural resources. Additionally, with Condition 1, which limits the start date of disc golf operations for each calendar year the proposed Special Use will occur outside of the time of the year when this area is used by local elk populations as critical habitat, minimizing the impact on wildlife habitat. Thus, the proposed Special Use will 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 Special Use, as conditioned, 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. Due to the limited additional development associated with the proposed use, this Special Use will be adequately served by existing roads, police,fire protection, and emergency medical services. The Special Use is also not anticipated to make use of external pedestrian paths, potable water, parks, or schools. Through Condition 2, requiring a contract for a portable toilet for each operating season, the Special Use will be adequately served by wastewater facilities. Thus, the proposed Special Use will be adequately served by public facilities and services, including roads, pedestrian paths, potable 3 DocuSign Envelope ID:35C76620-D44E-4822-9A2F-1B879688BC80 water and wastewater facilities, parks, schools, police and fire protection, and emergency medical services. G. Site Development Standards. Pursuant to Section 5-250.B.7, the Special Use, as conditioned and with the approved variations, is in compliance with Article 4 Site Development Standards as set forth in the staff report. The approved variations are listed in the attached Exhibit A and include the following variations: a. Section 4-140.A - Parking Surface and Drainage to allow for the parking area and driveway to remain with a surface of native material and grasses. b. Section 4-620.K.9.c.(1) -Access by Emergency and Service Vehicles to allow for the existing driveway geometry to remain with only 5 vehicle pullouts for the length of the driveway. c. Section 4-620.K - Structures to allow for the Gypsum Creek Crossing to be designed to safely serve the intended use at the time of repair or replacement. Based upon Section 5-250.D Basis for Granting Variations,the Board hereby finds that approval of the variations, as well as Conditions 3 and 5 relating to the existing culvert within the driveway accessing the Special Use, will allow the Special Use Permit to achieve the purpose of(i) Avoid Natural Resources and Natural Hazards, and (ii) Public Facilities. The granting of the variations is necessary for those purposes to be achieved. The Board therefore approves the three (3) variance requests for the Special Use, Due to the general lack of construction, signage, or development associated with this Special Use, the standards for landscaping and illumination, signage, and commercial and industrial improvement standards are not applicable. Additionally, through Condition 4 requiring the payment of road impact fees and describing the timing of the fee payment, the Special Use complies with the requirement for road impact fees. Thus, as conditioned and with the approved variations, the proposed Special Use will comply with all applicable standards in the ECLURs, Article 4, Site Development Standards. H. Other Provisions. Pursuant to Section 5-250.B.8, no 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. Thus, the proposed Special Use does comply with all standards required by all other applicable provisions of the ECLURs 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: 4 DocuSign Envelope ID:35C76620-D44E-4822-9A2F-1 B879688BC80 1. Due to elk production for the elk population in the vicinity of the Properties, the start date of operations each year may not occur before June 15th unless written permission is obtained from Colorado Parks and Wildlife specifying an earlier start date. In such an event, the Applicant shall provide the County Community Development Department with correspondence from CPW indicating approval of an earlier start date prior to commencement of operations. 2. The Applicant shall enter into a contract for use of a portable toilet for each operating season of the special use and must keep records of this agreement on hand for review by Eagle County at any point during the operating season. 3. At such time that the culvert is repaired or replaced, the culvert shall be designed by a professional engineer to ensure that the culvert can safely accommodate the intended use and the design shall be submitted to the County for review and permitting. 4. The applicant shall pay the Road Impact Fee to Eagle County in four equal installments in March,June, September, and December of 2022. 5. The County's Road and Bridge Department will strive to conduct annual inspections of the culvert and identify any significant changes to the condition of the culvert. Documentation of the inspections shall be maintained by the Applicant and shall be available upon request by the County. Inspections shall include,but not be limited to: i. A determination as to the condition of the bottom and sides of the culvert, making sure they are intact and not rusted through causing the culvert to fail. ii. A determination that there is no scouring or water making its way around the outside of the culvert. iii. A determination that there are no signs of settling in the driveway or increased deflection of the culvert. iv. A determination that a measurement of one foot of cover over the driving portion of the culvert exists and is maintained. If any of these conditions are found, the Applicant shall hire a professional engineer to inspect the culvert and determine the appropriate course of action to ensure the culvert can safely accommodate the intended use. The Applicant shall provide the County Community Development Department 5 DocuSign Envelope ID:35C76620-D44E-4822-9A2F-1B879688BC80 with a copy of such engineer's report and recommendations immediately following such inspection. If such engineer recommends repair or replacement of the culvert, such repair or replacement must be made within 90 days of such engineer's report. 6. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in public meetings shall be adhered to and considered conditions of approval. THAT, this Special Use Permit shall be subject to review as provided for by the ECLURs. 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. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the ith day ofEh iurr LZ nunc pro tunc to the 17th day of November, 2021. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 6 DocuSign Envelope ID:35C76620-D44E-4822-9A2F-1B879688BC80 COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its �t��LEcv BOARD OF COUNTY COMMISSIONERS ATTEST: .v 6*`\` W N DocuSigned by: DocuSigned by: COL OR t' cnlnc1213r0M47A.. Clerk to the Board Jeanne McQueeney County Commissioners Chair Kathy Chandler-Henry Commissioner DocuSigned by: 114.04 S gtur Al F7R7f171 AFfnd7R Matt Scherr Commissioner Commissioner ALQve-e r\e seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner McQueeney C.„3 e- .7Commissioner Chandler-Henry abs e.n Commissioner Scherr JA-- . 7 DocuSign Envelope ID:35C76620-D44E-4822-9A2F-1B879688BC80 Exhibit A ZS-9144-2021 Cross Creek Disc Golf Legal Description: A tract of land in Section 31, Township 6 South,Range 84 West of the Sixth Principle Meridian, described as follows: The S1/2NE1/4, SE1/4NW1/4, N1/2SE1/4, and the SE1/4SE1/4 of Lot Ten (10); E1/2E1/2 and the W1/2SE1/4 of Lot Eleven (11); NE1/4, E1/2W1/2, NW1/4SE1/4 and the N1/2N1/2SW1/4SE1/4 of Lot Fourteen(14);AND Parcel 1, Walden Exemption, according to the plat recorded January 21, 1982, in Book 335 at Page 241, County of Eagle,State of Colorado DocuSign Envelope ID 35C76620-D44E-4822-9A2F-1 B879688BC80 Exhibit B ZS-009144-Cross Creek Disc Golf Variation Table Regulation 1 ECLUR Standard I Variance ) Applicant Comment I Eagle County Comments Parking/Access Requests to keep the existing surface for Eagle County accepts the requested -Durable all-weather Access and parking area variance considering the seasonal surface proposed to utilize the the driveway and parking area. This has operation,limited number of vehicles worked for the seasonal operation and is Parking Surface and Drainage -Appropriate surface existing,native material. for the use,and ability to provide 1 periodically inspected to ensure good (ECLUR Section 4-140.A) materials include Parking area also to be adequate access for emergency services. condition. If there is evidence of rutting or asphalt,concrete,paving vegetated witht the existing The grassy parking area is to be kept blocks,gravel native grasses. erosion,will contact Eagle County to short to minimize wildfire risk as determine appropriate improvements. discussed in referral. Roadway Standards Utilize the existing Eagle County accepts the requested Utilizing the existing driveway minimizes variance considering the roadway grades -Vehicle pullouts with driveway geometry impact and provides adequate service for do meet standard with a maximum of 1 Access by Emergency and Service Vehicles 18-foot width provided consisting of 12-16-foot the disc golf course given the existing about 7%grade,and the site distance (ECLUR Section 4-620.K.9.c.(1)) at 150-foot intervals average width with 5 along the driveway locations allowing adequate pullout locations and the driveway along the driveway is sufficient for the width for vehicles to pass. geometry. existing horizontal and vertical alignment. The approved conditions number 3 and 5 allow for the structural design of the The operators will maintain the driveway in Gypsum Creek Crossing to be defined by good condition as described in the Special the loading necessary to accommodate -Designed to safely Use Permit Application and will consult with the inended use.The use and -Sufficient to appropriate structural design will be Structures accommodate the intended the Eagle County Road and Bridge 2 accommodate AASHTO determined by a professional engineer (ECLUR Section 4-620.K) HS-20 Loading use and reviewed and Department to regularly inspect the culvert at the time of the repair or replacement permitted by the County and watch for signs of deterioration as described in the approved condition of the creek crossing and inconsultation number 5. with the property owners,the emergency service providers including Gypsum Fire and Eagle County Paramedics,and Eagle County.