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HomeMy WebLinkAboutR95-049 special use permit Rancho del rioa --- ,. / .; F Commissioner ~~~~~ moved adoption ~~ of the following Resolution: ~ A BOARD OF COIINTY COlrIIdI88IONERB COIINTY OF EAGLE, STATE OF COLORADO ° RE80LIITION NO. 9~ - 7 ~o w - x ° APPROVAL OF SPECIAL USE PERMIT Rancho del Rio. 4199 Troucth FILE NO. ZS-349-94 M W N ~'~ WHEREAS, Yarmo~ Mountain Partnership, {"Applicant") did o file an application with the Eagle County Department of Community ~ ~ Development on or about April 1. 1994, for a Special Use Permit ~ for a Recreational Facility, within a Resource Zone District, in w a) the unincorporated area of Eagle County described as follows: a .~ °'~' Tract 38 Section 7 T2S R84W c+~ ~ ~ ~ .. --i `"' ~ and o ~~ rn a WHEREAS, based on the evidence, testimony, exhibits, study ~; o of the Master Plan for the unincorporated areas of Eagle County, ° ~ comments of the Eagle County Department of Community Development, ~n a~ 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 nW Eagle, State of Colorado ("the Board"), finds as follows: ~r i a 1. That proper publication and public notice was provided as required by law for the hearings before the Planning ~ ~ Commission and the Board. c~ ~ w ~ 2. That the proposed special use confo~ns to the require- ments of Section 2.09 of the Eagle County Land Use r, ,.; Regulations, which are incorporated herein as if set ~ ~ forth with particularity. N ~ `~a,~ 3. That the proposed special use will be compatible with existing uses in the area. 4. That the following have been considered: The potential ~,.~ effect of the use on the character of the neighborhood, C:~ adequacy of access to and from the area, ~ appropriateness of the physical arrangement of the uses: on the proposed site, and consistency with the Master ~ Plan. i 5. That for the above-stated and other reasons, the proposed 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 Applicant: Yarmony Mountain Partnership, File No. ZS-349-94, for a Special Use Permit for a Recreational 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: 1. A new Court approved augmentation and a properly executed commercial well permit pursuant to that plan must be in place by the end of September, 1995. The new cabins will be unavailable for their intended use until a commercial well permit has been issued. If the Commercial well is not in place by the end of September, 1995, the cabins shall be available for storage only; 2. Continued review and approval by the Environment Health Division of the proposed ISDS expansions; 3. 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. 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 satisfactorily 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. 2 MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado at its regular meeting held the ~ c~~,-,.~ day of , 1995, nunc pro tuns to the 18th day of Apri , 1995. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: By: Sara J. Fisher Clerk to the Board of County Commissioners By to Phillips, Comiuhssioner Commissioner ~nn,Y~ seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Johnnette Phillips ~p Commissioner George A. Gates Commissioner James E. Johnson, Jr. L This Resolution passed by c3 -~ vote of the Board of County Commissioners of the County of Eag1e,~State of Colorado. 3 Geor a Gates, Commissioner