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HomeMy WebLinkAboutR96-013 special use permit Tenth Mountain Hut at Middle Creek4 ' 583125 B-687 P-123 01/31/96 03:38P PG OF 3 REG Sara J. Fishe Eagle County Clerk & order 0.00 Commissioner moved for adoption of the following Resolution: " BOARD OF COUNTY COI~lISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 96 - APPROVAL OF SPECIAL USE-PERMIT Tenth Mountain Division Hut Association Recreational Backcountry Hut at Middle Creek " FILE NO: ZS-369-95 WHEREAS, Tenth Mountain Division Hut Association did file an application with the Eagle County Department of Community Development on or about July 1, 1995 for a Special Use Permit for a recreational backcountry but within the Resource zone district, in the unincorporated area of Eagle County described as follows: An approximately 10 acre parcel of land, owned by the United States Forest Service, located in Section 20, T.4S., R.80W., ~- Sixth P.M., County of Eagle, State of Colorado. WHEREAS, the special use permit request was considered at a public meeting by the Eagle anc~ Colorado Valley Planning Commission on August 16, 1995 and by the Eagle County Board of County Commissioners on October 31, 1995; 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 Eagle and Colorado Valley Planning Commission, and comments from all interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado, 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 of County Commissioners; 2. That the proposed special use conforms to the requirements of Section 2.09, Special Uses of the Eagle County Land Use"Regulations; 3. That the proposed special use will be compatible with the existing uses in the area; DOC ~' N s ~. 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, and consistency with the Master Plan; 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 Tenth Mountain Division Hut Association, File No.ZS-369-95, for a Special Use Permit for a recreational backcountry but within the Resource Zone District and as 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. Adhere to the Wildlife Mitigation Plan as finally incorporated into the U.S. Forest Service Special Use Permit Operating Plan for the Middle Creek Hut. 2. Prior to receipt of a Temporary Certificate of Occupancy (anticipated in Fall of 1996), written notification from the Town of Vail (Russ Forrest or other appropriate representative) must be submitted to the County that states that the parking areas have been constructed and signed to the satisfaction of the Town of Vail. 3. With building permit application, submit construction plans for new access road to be reviewed by the County Engineering Department. 4. Following construction, areas surrounding the site shall be revegetated and cleared of any construction debris. 2 1 • 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 Director of the Department of Community Development to provide a copy of this Resolution to the Applicant. THAT the Board of County Commissioners 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 Ea State of Colorado, at its meeting held the day of 199, nunc pro tuns to the 31st day of October, 1995. r9~~i+ COUNTY OF EAGLE, STATE OF $ COLORADO c ~ By and Through its r ~~ BOARD OF COUNTY COMMISSIONERS ATTEST : '`~ ~?~„~~ BY: Clerk to the oard i eorge A. Gates, Chairman ip~,Coi'hmissioner s E . Jo ifn~bn, commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner George A. Gates _~ Commissioner Johnnette Phillips Q.t~P Commissioner James E. Johnson, Jr. ~,e_ 3