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HomeMy WebLinkAboutR95-071 special use permit Game Creek Club~~~~ Commissioner _ moved adoption of the follow nq Resolution: BOARD OF COIINTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLIITION NO. 9,~ - ,,~ APPROVAL OF SPECIAL USE PERMIT Game Creek Club - Located in Game Creek Bowl ,,~. Vail Associates, Inc. \" FILE NO. ZS-364-95 ~. ~--- WHEREAS, Vail Associates, Inc., ("Applicant") did file an application with the Eagle County Department of Community Development on or about March 10, 1995, for a Special Use Permit for Recreational Facility (daytime use only), within the Resource Zone District, in the unincorporated area of Eagle County described as follows: S.W. 1/4 of the N.E. 1/4 of the N.W. 1/4 of Section 19, Township 5 South, Range 80 West of the 6th Principle Meridian and WHEREAS, based on the evidence, testimony, exhibits, study of the Master Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, 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 Eagle, State of Colorado ("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 the proposed special use conforms to the require- ments of Section 2.09 of the Eagle County Land Use Regulations, which are incorporated herein as if set forth with particularity. 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, adequacy of access to and from the area, appropriateness of the physical arrangement of the use on the proposed site, consistency with the Master Plan, and adequacy of the environmental impact report. 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. 565910 B-669 P-890 06/21/95 02:13P PG 1 OF 4 REC DOC Sara J. Fisher Eagle County Clerk & Recorder 0.00 Gtr ~~ I NOW, THEREF , BE IT RESOLVED BY THE l :D OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: That the application of Vail Associates, Inc., File No. ZS-364-95, for a Special Use Permit for a Recreational Facility (daytime use only) 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. Adherence to the Colorado State Forest Service recommended standards for wildfire mitigation which include the following: a. Adequate defensible space around the site and structures. b. Grass and shrubs to be maintained at under one foot (1') in height within ten feet (10') of any structure. c. The use of flame resistant construction materials including the use of Class A, pressure-treated, flame retardant shingles which must be retreated every three (3) years. d. The proposed deck must be enclosed on the underside or the underside of the deck must be landscaped with non-flammable material to extend at least five feet (5') beyond the deck. 2. Limited hours of operation for this Special Use as follows: Winter Operation a. The club facility (restaurant and bar) will be open for business from the ski season opening of Vail Mountain to ski season closing of Vail Mountain with the hours of operation limited to 9 a.m.- 3 p.m. Mountain Standard Time. b. Lodging facilities (cabin) operation limited to ski season opening of Vail Mountain to ski season closing of Vail Mountain. Summer Operation a. The club facility (restaurant and bar) will be open for business from June 1st through October 15th with the hours of operation limited to 9 a.m. - 4:30 p.m. Mountain Standard Time. b. Lodging facilities (cabin) operation limited to June 15th to October 15th. c. Special Events may occur at this site during the period of June 15th to October 15th with the limited event hours of 9 a.m. to 7 p.m Mountain Standard Time. 3. Overnight Lodging guests must be provided with educat regarding the sensitivit ~f the wildlife in the area. The educational information is to be provided by means of a brouchure or literature which has been approved by the Colorado Division of Wildife and submitted to the Eagle County Department of Community Development prior to the issuance of a Certificate of Occupancy at this site. 4. There may be no feeding of any wildlife including, but not limited to, bird feeders. 5. Barbecues cannot be stored outside unless in a bear- proof container. 6. Any and all music, including bands, will be located within a building and the music will not be audible two hundred fifty (250) yards from the building. 7. Vail Associates, Inc. agrees to indemnify the Colorado Division of Wildlife from any and damages by wildlife to this facility. 8. Lighting standards which intend to minimize the undesireable effects of indoor and outdoor lighting of this facility. These include, but are not limited to the following: a. Multiple, low-level, low intensity, down-turned lighting sources are required rather than one or several high-level, high intensity lighting sources. b. Lighting to meet the Uniform Building Code requirements while maintaining mitigation measures to decrease the visibility of said illumination from off- site. 9. Revegetation consistant with the Vail Associates, Inc. Revegetation Plan as required by the United States Forest Service for the permitted areas of Vail Mountain. 10. No private vehicular access to the site will be permitted. 11. The use of gas fireplaces are permitted at this site. No woodburning fireplaces are permitted. 12. 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 B i hereby finds, determine end 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 o Eagle, State of Colorado, its regular meeting held the ~04(~- day of ~u~,e-- , 1995, nunc pro tunc to the 30th day of May, 1995. ~ Std' ,'~.. ATTEST: °e A~ 0 • By: - Sara J. Fis er Clerk to the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS B1 ~--~,ac~t-es E.~.~a~~o , hairman G//e^''orge A Gates,^Commissioner ette Phillips, Commissioner Commissioner ~~~1~ seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner James E. Johnson, Jr. Commissioner George A. Gates Commissioner Johnnette Phillips This Resolution passed by c~ ~~ vote of the Board of County Commissioners of the County of Eagle, State of Colorado.