HomeMy WebLinkAboutR91-062 special use permit for golf course on fenno ranchCommissioner �, U57—,4 GSdh moved adoption of
the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 91- % A
REGARDING AN APPLICATION FOR A SPECIAL USE PERMIT
FOR SITE PREPARATION AND GRADING OF AN 18 -HOLE GOLF COURSE
UPON THE FORMER FENNO RANCH, SQUAW CREEK DRAINAGE
EAGLE COUNTY, COLORADO
WHEREAS, Kensington Partners and Stag Gulch Partners have applied for a Special
Use Permit for site preparation and grading of an 18 -hole golf course (hereinafter "the Use ")
upon the former Fenno Ranch, Squaw Creek drainage, Eagle County, Colorado, as more
specifically described in Exhibit A, attached hereto and incorporated here by reference.
WHEREAS, said parcel consists of 193 acres and lies within the Resource Zone
District. A golf course is an allowed special Use within the Resource Zone District.
WHEREAS, the Applicant, through its representative Mr. William Clinkenbeard, as
part of its presentation, has waived all vested rights, if any, created by the County's approval
of this special use permit.
WHEREAS, the application is for golf course construction and road grading only.
The review under this special use application was not sufficient to evaluate the suitability
of golf course operations at the site. Additional review and permitting is required prior to
operation of the golf course, either through an amended special use review or through a
change in zoning. Applicant has stipulated that it proceeds with this application at its own
risk of not receiving subsequent approval.
NOW, AFTER PUBLIC HEARING ON THE APPLICATION, AND AFTER
CONSIDERING ALL COMMENTS MADE, THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO, FINDS AS
FOLLOWS:
THAT, the application meets the criteria set forth within the Eagle County Land Use
Regulations, including but not limited to the criteria for issuance of a special use permit
within Section 2.09.
THAT, notice of said hearing was published as required by law; adjacent property
owners were given notice as required by law;
THAT, there is an adequate domestic water supply and availability of sanitation
services for golf course construction.
THAT, the roads can be improved to provide adequate access for construction of
the golf course.
THAT, applicant's plan minimizes impact on adjacent uses of land.
THAT, applicant has prepared and submitted a detailed site plan drawn to scale
showing all physical features and final design.
THAT, applicant has prepared and submitted technical reports, addressing grading
and road specifications, which outline the feasibility of the project.
THAT, the proposed special Use is compatible with existing uses in the area, upon
implementation of the proposed mitigation.
THAT, the Board has considered the potential effect of the Use on the character
of the neighborhood.
THAT, existing access roads will be improved to provide adequate access to the
site.
THAT, the physical arrangement of the Use on the site, under this application, is
appropriate.
THAT, the Use is consistent with the Eagle County Master Plan.
THAT, an Environmental Impact Report was submitted and the recommended
mitigation shall be implemented with construction.
THAT, the Eagle and Colorado Valley Planning Commission and the staff
recommend approval of the application.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
-2-
Approval is granted to the application, subject to the requirements and restrictions
stated herein. The Chairman is authorized to execute all documents and to otherwise take
all actions necessary with regard to issuance of the special permit.
Applicant shall comply with the following conditions of approval:
1. Submit an engineer's estimate of reclamation of the land to an irrigated
agricultural use equal to or better than the existing state. Submit an engineer's
estimate of revegetation of the road cuts.
2. Preliminary grading plans must be submitted to the County Engineer and the
Environmental Health Officer for technical review and comment. The plans shall
address protection of water quality and dust control.
3. A wetlands identification and avoidance plan must be submitted to Community
Development for technical review and comment prior to the disturbance of any
wetlands. Wetlands or possible wetlands shall be physically protected before grading
is initiated. Efforts to evaluate wetlands for 404 permit compliance shall not
constitute disturbance. The Corps of Engineers shall be notified in writing of the
proposed grading plan prior to the initiation of grading other than work on the
access road. The wetland delineation, as approved by the Corps of Engineers, shall
be submitted to the Department of Community Development prior to disturbance of
the "redlined" wetland areas.
4. Construction specifications and cost estimates for the access roads must be
submitted to the Eagle County Engineer for technical review and comment.
5. All improvements, including reclamation shall be collateralized in the amount
of $250,000, by an irrevocable letter of credit or cash, in a form and by an
institution acceptable to the County Attorney, prior to issuance of the Special Use
Permit.
6. An annual review /progress report shall be submitted by the applicant. The
cost of site inspections by County staff shall be charged at the rate of $65 per hour.
7. There shall be no disturbance in the "elk calving area" (holes 13 through 16)
during calving season.
This permit shall remain effective for 3 years or until either the permit is amended
to allow the operation of a golf course, or until approval is otherwise given for the operation
of a golf course. If further approval is not received within 3 years, applicant shall have until
October 1, 1995, to reclaim the property as agreed upon within the reclamation agreement.
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This permit is specifically issued to the applicant and is not transferable without the
consent of the Board of County Commissioners.
MOVED, READ AND ADOPTED by the Board of County Commissioners of
the County of Eagle, State of Colorado, at its regular meeting held the [.
day of August, 1991.
County Commissioners
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
By: Z2, ti 41:--
George XF Gates, Chairman
Commissioner ( / seconded adoption of the
foregoing Resolution. The roll having been called, the vote was as follows:
Commissioner George A. Gates / "y "—o
Commissioner Donald H. Welch
Commissioner Richard L. Gustafson
This Resolution passed by R 6-/ vote of the Board of County
Commissioners of the County of Eagle, State of Colorado.
Q
LEGAL DESCRIPTION
CORDILLERA GOLF COURSE
A parcel of land located in Tracts 53, 54, 55, 62, and 63,
Sections 10, 11, 14, and 15, Township 5 South, Range 83 West of the
Sixth Principal Meridian, Eagle County, Colorado, according to the
Independent Resurvey of said Township and Range as approved on 20
June 1922; said parcel, with all bearings contained herein based on a
bearing of N.00 000'35 "E. between Corner No. 6 of said Tract 55, being
also Corner No. 3 of Tract 56, and Corner No. 2 of said Tract 56, and
with all Tract Corners called out herein being 2 1/2" diameter G.L.O.
brass cap monuments on 1" iron pipes, being more particularly
described as follows:
Beginning at said Corner No. 6 of Tract 55 /Corner No. 3 of
Tract 56; thence along the East line of said Tract 55 /West line of
said Tract 56 N.00 000'35 "E. 1117.71 feet, thence departing said East
line of Tract 55 /West line of Tract 56 the following forty -eight (48)
courses:
1)
N.89 059'25 "W.
207.03
feet
2)
S.72 029'43 "W.
417.36
feet
3)
N.19 016'48 "W.
322.27
feet
4)
N.50 058'29 "W.
567.50
feet
5)
N.66 001'22 "W.
327.49
feet
6)
185.14 feet along
the arc
or a curve to the
left having a
central angle
of 70 04310711,
radius of 50.00 feet, the
chord of which bears
5.78 037'05 "W.
173.61 feet.
7)
s.43 015132 "W.
567.50
feet
6)
5.18 030'24 "W.
581.25
feet
9)
N.84 049'23 "W.
149.53
feet
10)
5.55 001'16 "W.
844.57
feet
11)
105.51 feet along
the arc
of a curve to the
left having a
central angle
of 40 018113 ",
radius of 150.00
feet, the
chord of which bears
5.34 052'09 "W.
103.35 feet.
12)
5.14 043'02 "W.
786.28
13)
S.58 035'03 "W.
195.71
14)
5.03 014'07 "W.
50.00
15)
387.04 feet along
the arc
of a curve to the
left having a
central angle
of 32 051'09 ",
radius of 675.00
feet, the
chord of which bears
5.76 048'32 "W.
381.76 feet.
16)
5.60 022158 "W.
158.44
feet
17)
661.62 feet along
the arc
of a curve to the
right having a
central angle
of 137 05015311,
radius of 275.00
feet, the
chord of which bears
N.50 041'36 "W.
513.21 feet.
18)
N.18 013'50 "F..
403.33
feet
19)
166.30 feet along
the arc
of a curve to the
left having a
central angle
of 20 003'34 ",
radius of 475.00
feet, the
chord of which bears
N.08 012'03 "E.
165.45 feet.
page 1 of 4
Y
20)
N.01 049'44 "i7.
136.80 feet
21)
20.28 feet along
the arc of a curve to the
right having a central angle of 02 °44'03 ",
radius of 425.00
feet, the chord of which bears
N.00 027'42 "N. 20.28
feet.
22)
N.25 025'49 "4.
586.39 feet
23)
N.37 °18'32 "il.
135.26 feet
24)
S.62 057'09 "i7.
203.27 feet
25)
S.47 002'52 "iJ.
145.30 feet
26)
S.09 015'58 "N.
480.16 feet
27)
S.02 008'48 "E.
563.63 feet
28)
S.13 050'20 "E.
166.23 feet
29)
S.30 056'51 "il.
181.51 feet
30)
174.70 feet along the arc of a curve to the
left having a central
angle of 66 °43'52 ",
radius of 150.00
feet, the chord of which bears
S.02 025'05 "E. 164.99
feet.
31)
S.35 047'01 "E.
469.96 feet
32)
S.42 020'45 "E.
401.11 feet.
33)
S.08 055'15 "i7.
209.42 feet
34)
S.76 031'17 "E.
30.52 feet
35)
218.32 feet along
the arc of a curve to the
right having a central
angle of 33 021'23 ",
radius of 375.00
feet, the chord of which
bears S.59 050135
"E. 215.25 feet.
36)
S.43 009'54 "E.
211.78 feet
37)
290.85 feet along
the arc of a curve to the
left having a central
angle of 51 °16'33 ",
radius of 325.00
feet, the chord of which bears
S.68 048'10 "E. 281.24
feet.
38)
N.27 015'33 "W.
78.58 feet
39)
N.57 002'52 "E.
218.86 feet
40)
N.78 023'37 "E.
529.81 feet
41)
S.85 036147 "E.
386.42 feet
42)
S.03 036'36 "N.
256.48 feet
43)
69.51 feet along
the arc of a curve to the
right having a central
angle'of 17 042'01 ",
radiu.s of 225.00
feet, the chord of which bears
S.56 010'28 "E. 69.23
feet.
44)
S.47 019'28 "E.
436.35 feet
45)
234.82 feet along
the arc of a curve to the
left having a central
angle of 41 023'54 ",
radius of 325.00
feet, the chord of which bears
S.68 001'25 "E. 229.75
feet.
46)
S.88 043'21 "E.
434.46 feet
47)
313.22 feet along
the arc of a curve to the
left having a- central
angle of 55 013'07 ",
radius of 325.00
feet, the chord of which bears
N.63 040'05 "E. 301.24
feet.
48)
N.36 003132 "E.
319.42 feet
to a point on the East line of said Tract 62 from which Corner
No. 6 of said Tract 62 bears S.00 °02'22 "N. 477.22 feet distant;
thence along said East line N.00 002'22 "E. 10.09 feet; thence
departing said East line the following thirteen (13) courses:
page 2 of 4
1) 259.43 feet along the arc of a curve to the
right having a central angle of 47 056'56 ",
radius of 310.00 feet, the chord of which bears
N.24 014'24 "N. 251.92 feet.
2) N.00 015'56 11a. 51.12 feet
3) 132.09 feet along the arc of a curve to the
left having a central angle of 05 007'52 ",
radius of 1475.00 feet, the chord of which
bears N.02 049'52 "N. 132.05 feet.
4) N.05 023'48 "N. 177.35 feet
5) 104.16 feet along the arc of a curve to the
right having a central angle of 11 °22'04 ",
radius of 525.00 feet, the chord of which bears
N.00 617'14 "E. 103.99 feet.
6) N.0 5 °58'16 "E. 239.97 feet
0
7) 15.04 feet along the are of a curve to the
left having a central angle of 22 055'28 ",
radius of 375.00 feet, the chord of which bears
N.05 029'28 "N. 149.04 feet.
8) N.16 057'12 "N. 88.28 feet
9) N.74 053'50 "E. 178.B9 feet
10) S.80 046'29 "E. 417.10 feet
11) 79.56 feet along the arc of a curve to the left
having a central angle of 30 °23'25 ", radius of
150.00 feet, the chord of which bears
N.84 001'49 "E. 78.63 feet.
12) N.68 050'06 "E. 846.36 feet
13) N.00 000'00 "E. 692.84 feet
to the point of beginning. Excepting therefrom, however, the
following tract of land:
Beginning at a point from which said Corner No. 6 of Tract
55 /Corner No. 3 of Tract 56 bears S.69 035'22 "E. 353.35 feet, thence
the following thirty -four (34) courses:
1)
S.02 052'37 "E. 587.47
feet
2)
S.65 034'01 "4. 608.25
feet
3)
N.78 044'55 "N. 418.05
feet
4)
155.18 feet along the arc
of a curve
to the
left having a central angle
of 59
016'26 ",
radius of 150.00 feet, the
chord
of which bears
S.71 036'52 "i7. 148.35 feet.
5)
S.41 058'39 "N. 146.37
feet
6)
:7.11 037'40 "a. 110.49
feet
7)
478.84 feet along the arc
of a curve
to the
left having a central angle
of 84
°24'59 ",
radius of 325.00 feet, the
chord
of which bears
N.53 050'10 "N. 436.69 feet.
8)
S.83 057'21 "4. 194.94
feet
9)
228.38 feet along the arc
of a curve
to the
right having a central angle
of 18
°02'55 ",
radius of 725.00 feet, the
chord
of which bears
N.87 001'12 "i1. 227.44 feet.
page 3 of 4
10)
N.77 059'45 "N.
19.83
feet
11)
S.47 048'53 "a.
770.46
feet
12)
S.70 021'47 "i7.
542.28
feet
13)
N.00 048'44 "E.
232.01
feet
14)
N.42 054137 "E.
351.44
feet
15)
N.22043'53 "E.
817.82
feet
16)
N.54 °10'48 "E.
662.45
feet
17)
S.50 016'23 "E.
96.33
feet
18)
N.82 047'25 "E.
117.71
feet
19)
N.25 019'25"E.
807.34
feet
20)
N.42 059'14 "E.
425.24
feet
21)
S.85 032'47 "E.
208.25
feet
22)
S.36 058'36 "E.
407.30
feet
23)
S.46 003'16 "N.
560.71
feet
24)
S.77 025'15 "N.
453.58
feet
25)
118.53 feet along
the arc
of a curve to the
left having a central
angle
of 29 031'39 ",
radius of 230.00
feet, the
chord of which bears
S.38 033'23 "N. 117.22
feet.
26)
S.23 047'34 "N.
227.48
feet
27)
6.56 feet along
the arc of
a curve to the right
having a central
angle of
01 000'57 ", radius of
370.00 feet, the
chord of
which bears
S.24 018'02 "N. 6.56
feet.
28)
S.44 054'29 "E.
132.88
feet
29)
88.31 feet along
the arc of
a curve to the left
having a central
angle of
50 035145 ", radius of
100.00 feet, the
chord of
which bears
S.70 012'22 "E. 85.46
feet.
30)
N.84 029'46 "E.
856.55
feet
31)
N.50 053'03 "E.
600.11
feet
32)
N.73 010'54 "E.
265.98
feet
33)
S.42 045'14 "E.
91.50
feet
34)
S.09 039'22 "i7.
595.43
feet
to the point of beginning. Said parcel, less the excepted tract,
contains 193.364 acres, more or less.
l�
'�F 25630 �: P=
William ,,Na rqlerozL •L.S. No. 25630
*i J' �••••.•••••• 20
page 4 of 4