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HomeMy WebLinkAboutR96-044 amendment to special use permit Shrine Mountain Cemetery Phase II'Commissioner ~ /" !~~' D _ moved adoption f~ the foll""owing Resoluti ~f ,~ ~ ~`~. ~`Q BOARD OF COUNTY COI~IIKISSIONERS .']--. ' COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NQ. 9~ - ~~ APPROVAL OF AN AMENDMENT TO THE SPECIAL USE PERMIT Shrine Mountain Cemetery, Phase II Shrine Mountain Inn, Inc. FILE NO. ZS-334-95-A ~~ WHEREAS, Shrine Mountain Inn, Inc., ("Applicant") did file '~ an application with the Eagle County Department of Community Development on or about February 1, 1996, for a amendment to add .25 acres to an existing cemetery approved by Resolution No. 92- 131, within the Resource Zone District, in the unincorporated area of Eagle County described as follows: A tract of land being a portion of Tract 37, Township 6 South, Range 79 West, of the 6th Principal Meridian, Eagle County, Colorado and being more particularly described as follows: Beginning at the Southeast corner of said Tract 37, thence N00 01'00"E along the east line of said Tract 37 a distance of 1528.72 feet to the True Point_of Beginning, thence N89 59'00"W a distance of 104.36 feet; thence N00 01'00"E a distance of 104.36 feet to a point on said east line of Tract 37; thence S00 01'00"W a distance of 104.36 feet to the True Point of Beginning. 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 L7 the Planning Commission, and comments from all interested ~., parties, the Board of County Commissioners of the County of ~`~ Eagle, State of Colorado ("the Board"), at its regular meeting of ;~ April 16, 1996, found 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. 5li94Ei3 B-6y3 P-467 U4/3U/96 U3:1'LP PG 1 OF 4 REC DOC T Sara J. Fisher Eagle County Clerk & Recorder U.UU 1 2. That the oposed special use confo to the require- ments of ction 2.09 of the Eagle my 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, appropriate- ness 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, 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 Shrine Mountain Inn, Inc., File No. ZS-334-95-A, for an amended Special Use Permit for The Shrine Mountain Cemetery, Phase II within the Resource Zone District de- scribed 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. Individual plots may not be fenced. 2. Height of the plot markers is limited to five feet above the ground. 3. Weight of the plot marker is limited to one hundred pounds. 4. Plot markers can be made of metal, stone or wood and may be engraved or painted. 5. Painting of markers is limited to black, white, and colors occurring naturally nearby. 6. Plots are to be kept as nearly as possible in their natural state and revegetated. 2 • 7. Revegeta n with native plant mate:' 1 and planting of wild flo s is encouraged.. 8. Burial may take place only between the dates of July 1 and November 15. 9. Burial limited to cremation only. 10. Hours of funerals should be coordinated with the Shrine Mountain Inn so as to minimize congestion and parking impacts. 11. The cemetery will be maintained in its natural state with the exception of maintained gravel or other natural material as a covering on the pathways; split rail fencing along parts of the exterior boundaries of the cemetery. 12. See cemetery covenants for further requirements. 13. Plot owners responsible for establishing permanent corners of plot perimeter prior to interment. 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. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at }ts regular meeting held the ~,~/~ ~ day of ,~~Oi-i'/ _ , 1996, nunc pro tunc to the 16th day of April, 1996. 3 ~• COUNTY OF EAGLE By and Through COMMISSIONERS ATTEST: By: By: Sara J. Fis er Clerk to the Board of County Commissioners -TATE OF COLORADO, BOARD OF COUNTY George A. Gates, Chairman r 2°~~~.~~ ohnnette Phillips, Commissioner James E. Johnson, Jr., Commissioner Commissioner l~n~n 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 ~ `~ vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 4