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HomeMy WebLinkAboutR96-098 amendment to special use permit Game Creek Club~~_o I~ Commissioner ~ moved adoption of the following Resolution: BOARD OF COUNTY COI~IISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 9~ - ~~ APPROVAL OF AN AMENDMENT TO THE SPECIAL USE PERMIT Game Creek Club - Located in Game Creek Bowl Vail Associates, Inc. FILE NO. ZS-385-96 WHEREAS, Vail Associates, Inc., ("Applicant") did file an application with the Eagle County Department of Community Development which was accepted on or about May 16, 1996, for an amendment to a Special Use Permit for Recreational Facility within the Resource Zone District, in the unincorporated area of Eagle County, Colorado 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. The request for amendment to the special use permit included expansion of the occupancy and seating at the facility, expansion of hours and seasons of operation of the facility, conditional approval for three (3) additional cabins, and amendment to the noise restrictions at the site. 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. 1 -, A C Fj CJ 596618 ]3-700 Y-629 07125/96 12:39Y Clerk YG ~ 1 Ur' $ kecorder K,~;(; llUC 0.00 Sara J. b'isher Eagle County 2. That the proposed amendment to the special use conforms to the requirements 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 amendment to the 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 Vail Associates, Inc., File No. ZS-385-96, for an amendment to the 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. Occupancy of the site will be limited to 387 occupants in the club facility (restaurant, deck, and bar) and 8 overnight guests per cabin. Further, there shall be no organized outdoor group activities after dark. Dark shall be defined as the period from 1/2 hour after sunset until 1/2 hour before sunrise. 2. Motorized access to the site will be limited by the following: a. Guest access will be primarily via the gondola and then 2 van or snowcat. Vans or snowcats will not be utilized from the base of the mountain for guest transport to the site except for emergencies, ADA access and gondola shut-downs. b. Employee and guest vehicle travel will be minimized and will use a common route. Access for supply and maintenance of the facility will be minimized by use of the gondola whenever possible and utilizing the same common route as guests and employees. c. Access for service and maintenance of the facility, to be performed only by employees or persons hired by Vail Associates, will be by snowmobile, snowcat or vehicle. d. No private motorized vehicles will be permitted to access this site. 3. No horses shall be allowed on the site without further consultation and approval from the Colorado Division of Wildlife and the Eagle County Community Development Director. 4. 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. 3 5. Limited hours of operation for the club facility Special Use as follows: SEASON DATES PUBLIC HOURS MAINT/SERVICE (MST) (MST) WINTER Ski season opening (but 8:30 a.m. to 7:30 a.m. to not earlier than midnight 12:30 a.m. November 1) - Ski season closing (but not later than May 1) SPRING June 1 - June 14 10:30 a.m. to 10:00 a.m. to 5:30 p.m. 6 p.m. SUNIIriER June 15 - October 15 8:30 a.m. to 7:30 a.m. to midnight 12:30 a.m. FALL October 16 -November 1 10:30 a.m. to 10:00 a.m. to 4:30 p.m. 5:00 p.m. The hours reflect the times when activities may commence or cease at the club facility except for overnight guests. Up to six times per year, special events may extend hours of operation at the club facility up to two hours. The club operator will give notice of such special events to the Eagle County Department of Community Development. The cabins will be operated during summer and winter. There will be no cabin use from ski season closing through June 14th. Cabin use in the fall is conditioned upon analysis of the compatibility of such use with recreation and wildlife being mutually performed by the applicant, Colorado Division of Wildlife and Eagle County Director of Community Development. 6. Overnight Lodging guests must be provided with education regarding the sensitivity of the wildlife in the_area. The educational information is to be provided by means of a brochure or literature which has been approved by the Colorado Division of Wildlife and submitted to the Eagle County Department of Community Development prior to the issuance of a Certificate of Occupancy at this site. 4 7. No dogs may be permitted on the site and there may be no feeding of any wildlife including, but not limited to, bird feeders. 8. Barbecues cannot be stored outside unless in a bear-proof container. 9. Any amplified bands or amplified music will be located inside the building. Music will not be audible two hundred fifty (250) yards from the building. 10. Lighting standards which intend to minimize the undesirable 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. 11. Revegetation consistent with the Vail Associates, Inc. Revegetation Plan as required by the United States Forest Service for the permitted azeas of Vail Mountain. 12.~ The use of gas fireplaces are permitted at this site. No woodburning fireplaces are permitted. 13. The following conditions as recommended by the applicant's consultant regarding wildlife issues: a. Club facility and cabin guests are not permitted to use snowmobiles to access the site. Reasonable efforts will be made to minimize nocturnal snowmobile use by club employees between Lionshead and Eagle's Nest. b. Club facility employees and guests will be prohibited from skiing, hiking and mountain biking to or from the restaurant after dark. Dark shall be defined as the period from 1/2 hour after sunset until 1/2 hour before sunrise. 5 c. Cabin guests are prohibited from hiking, biking or skiing around the cabin after dark to minimize impacts to adjacent wildlife habitats and for their own safety. d. Employees transporting other employees and guests are prohibited from stopping to view deer or elk grazing adjacent ski slopes. e. Eight to ten bluebird nest boxes shall be established at discrete distances and locations around the club facility and cabin to enhance local cavity nesting opportunities and entertain summer guests. 14. The cabins are conditionally approved at this time with further review required prior to issuance of a building permit as follows. The review of the following criteria for the approval of a building permit will be the responsibility of the Director of the Department of Community Development: a. The Division of Wildlife will be consulted regarding any wildlife impacts which may have resulted from the cabin use. b. The applicant for a building permit must provide a letter from a Licensed Professional Engineer stating the adequacy of the public water and sewer service to the proposed building. c. The applicant will provide an annual report regarding the facility. That report will include information regarding accidents at the site and their resolution. d. Revegetation of the disturbed site must be completed in accordance with Condition 11 above. If the review of the above criteria results in a determination that adverse effects have occurred., or that any other condition is in noncompliance, the applicant may submit an application for an amended special use permit for review and approval by the Board of County Commissioners at a public hearing. 15. This Special Use Permit shall be subject to periodic review. The minimum of an annual review must occur during the first 6 five years of operation. The review will determine compliance with all applicable criteria and conditions especially traffic and impact on wildlife. This review shall be conducted by the Community Development Department and shall be heard by the county Commissioners only if complaints have been received or the Community Development Department determines that the project is not in compliance. This special use shall be subject to revocation if conformance with the permit as issued is not met. Any substantive change from the original approval requires review and approval by the Board of County Commissioners at a public hearing. 16. All material representations made by the Applicant in the application and public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 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 Colo ado, at its regular meeting held the ~~„~ day of , 1996, nunc pro tunc to the 9th day of Ju y, 1996. !~,~" "._ ..~z .~~ ~ ' ~~.=~"- ~; ~. -- ;p ATTEST: ,:,a~•~-_-~"; J l By: / y: Sara J. Fisher ` Clerk to the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADa, By and Through Its BOARD OF COUNTY COMMISSIONERS George Gates, Chairman 7 1 J nnette Phillips, Commissio er Commissioner adoption of the foregoing Resolution. called, the vote was as follows: Commissioner George A. Gates ~ ~ Commissioner Johnnette Phillips ~ Commissioner James E. Johnson, Jr. ~~ This Resolution passed by _~~Z/~-~ur~ryu.~ vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 8 The roll having been