HomeMy WebLinkAboutR23-046 Approval of the Consolidated SUP Zip Adventures File No. ZS 009284-2022 Eagle County, CO 202311087
DocuSign Envelope ID:D32D5F06-1D5B-4512-AEFA-E5521C14F4A3 Regina O'Brien 08/08/2023
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Commissioner McQueeney moved adoption
of the following Resolution:
BOARD OF EAGLE COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2023- 046
APPROVAL OF THE CONSOLIDATED SPECIAL USE PERMIT FOR
ZIP ADVENTURES
EAGLE COUNTY FILE NO. ZS-009284-2022
WHEREAS,on or about July 23,2022,the County of Eagle, State of Colorado,accepted for
filing Eagle County File No. ZS-009284-2022,(the"Application") submitted by Zip Adventures of Vail
(the"Applicant"); and
WHEREAS,the Applicant requested a Consolidated Special Use Permit("SUP")to allow for an
amendment to an existing Resort Recreational Facility SUP,File No.ZS-00138, approved in 2007(the
"2007 SUP").The Applicant proposes the addition of an outdoor paintball area,a Canyon Plunge feature,
and a bungee jump feature to the existing zipline business(the"Application")at the site located
approximately 1 mile north of the intersection of Highway 131 and Highway 6 in the Wolcott area.The
area of the SUP is a 127 acre site contained within two parcels as identified in Attachment A(the
"Property").The northernmost parcel is identified as Assessor's Parcel#1941-103-00-010. The
southernmost parcel is identified as Assessor's Parcel#1941-161-00-035; and
WHEREAS,the Property is owned by the City and County of Denver Board of Water
Commissioners and leased the Property to 4 Eagle Ranch,who then subleases the Property to the
Applicant; and
WHEREAS,both the City and County of Denver Board of Water Commissioners and 4 Eagle
Ranch provided authorization for the Application; and
WHEREAS,the Property is zoned Resource(R)and pursuant to the Eagle County Land Use
Regulations(the"ECLUR")Section 3-300.F.2 the Planning Director has previously determined that the
proposed uses contained in the Application are sufficiently similar to Resort Recreation Facility uses as
defined by ECLUR Article 2,Definitions,which are permissible in the Resource(R)zone district
following SUP review and approval;and
WHEREAS,on March 17,2023,in accordance with ECLUR Section 5-210.E-Notice of Public
Hearings,notice of the Application was mailed to all owners of property adjacent to the Property,and on
March 16,2023,notice was posted in the Eagle Valley Enterprise and Vail Daily concerning the subject
matter of the Application and setting forth the dates and times of meetings for consideration of the
application by the Eagle County Planning Commission(the"ECPC"). Notice of the Application was
posted on the Property on March 21,2023; and
WHEREAS,at a public meeting held on April 5,2023,the ECPC unanimously recommended
approval with conditions of the Application to the Board of County Commissioners for the County of
Eagle, State of Colorado(the"Board");and
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WHEREAS,on April 24,2023,in accordance with ECLUR Section 5-210.E-Notice of Public
Hearings,notice of the Application was mailed to all owners of property adjacent to the Property and on
April 20,2023,notice was posted in the Eagle Valley Enterprise and Vail Daily newspaper concerning
the subject matter of the Application and setting forth the dates and times of meetings for consideration of
the application by the Board.Notice of the Application posted on the Property on March 21,2023
remained on the Property;and
WHEREAS,at a public meeting held on May 9, 2023,the Board considered the Application,the
proposed uses,associated plans,documents,and studies;the statements and concerns of the Applicant;
the statements of Eagle County Community Development and Engineering staff;the recommendation of
the ECPC; statements of Colorado Parks and Wildlife,and the statements of other interested persons,
including members of the public;and
WHEREAS,based on the evidence,testimony,exhibits,and study of the Comprehensive Plan
for the unincorporated areas of Eagle County and the Wolcott Area Community Plan,as well as
comments of the Eagle County Community Development and Engineering Departments,comments of
public officials and agencies,the recommendations of the ECPC,and comments from all interested
parties,the Board approved the Application by a vote of 3-0 and further finds the following:
1. THAT,proper publication and public notice was provided as required by the ECLUR and state
law for the hearings before the ECPC and the Board.
2. THAT,the Application for Special Use for the Property complies with the following
requirements and standards set forth in ECLUR Section 5-250.B -Standards for Special Use,
with the conditions as noted in the staff reports prepared by the Eagle County Community
Development and Engineering Departments and as discussed in the public hearing held by the
Board on May 9,2023,as set forth below:
a. Consistent with Comprehensive Plan. That with the addition of Conditions#1,#2,#3,and
#4, identified below this Application is in substantial conformance with the Eagle County
Comprehensive Plan(the"Comprehensive Plan")and Wolcott Area Community Plan(the
"WACP")as required by ECLUR 5-250.B.1. The proposed expansion of the SUP aligns with
two important themes of the Eagle County Comprehensive Plan and the Wolcott Area
Community Plan.First,the SUP's proposed uses support a diverse and sustainable economy
and make Eagle County a world class tourist destination consistent with Sections 3.2, 3.3,and
3.3.3 of the Comprehensive Plan. The existing zipline operation has been a notable
contributor to the 4 Eagle Ranch package of entertainment diversifying the ranch's
recreational offerings,and 4 Eagle Ranch has been a significant generator of tourist activities
for the Wolcott area. The additional proposed uses will continue to generate and diversify
tourist activity. Second,the SUP's proposed uses,with the addition of Conditions#1,#2,#3,
and#4,are consistent with the area's scenic beauty; support a healthy natural environment,
manage growth for a healthy balance between economic success,quality of life,and
preservation of the environment,and protect wildlife habitat consistent with Sections 3.2,
3.2.3, 3.2.4,3.7,3.7.2, 3.7.3, and 3.7.5 of the Comprehensive Plan and Sections R2.1 and
R2.4 of the WACP. These provisions of the Comprehensive Plan and the WACP focus on the
beauty and visual quality of the area and highlight the importance of mitigating visual
impacts.The Application proposes to mitigate visual impacts and support natural beauty and
the natural environment by utilizing non-reflective materials and exterior colors in the
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construction of the proposed uses and by placing the paintball course outside of riparian
areas,which are incorporated in Conditions#3 and#4.Additionally,these policies focus on
the protection of wildlife habitat. While the proposed uses will occur within critical mule deer
and raptor habitat,this habitat is protected through the imposition of Conditions#1,#2,and
#3,which close the proposed uses during the winter months,ensure visual deterrents will be
used in conjunction with the proposed uses, and ensure animal safe paintball ammunition will
be utilized.The aforementioned conditions ensure the proposed uses are in substantial
conformance with the Comprehensive Plan and WACP.
b. Compatibility.That with the addition of Condition#3 identified below,the proposed SUP
Amendment is compatible with and similar to both existing and permissible uses on adjacent
land,services,and infrastructure as required by ECLUR 5-250.B.2. The Property's' existing
Resource zoning is surrounded by properties with a mixture of Resource(R)and Resource
Preservation(RP)zoning. and Surrounding properties are similarly used for outdoor
recreation and resource protection.Additionally,use for the zipline operation involves a
small recreation area with a light physical footprint onto the landscape.Necessary
improvements have been minimal and the operation of the uses has blended with the existing
natural landscape well. The volume of visitation has been controlled in harmony with the
natural and rural character of the surrounding properties. Condition#3 ensures that the
proposed uses remain compatible with surrounding uses by minimizing visual impact to
adjacent properties through the use of non-reflective materials and paint that blends in with
the surroundings.
c. Zone District Standards. That with the addition of Condition#5,the granting of the
Variation request to allow for a 275 foot height of the bungee jump feature above the lowest
ground elevation of the Property,and the Director's prior Determination that the proposed
SUP is a similar use to the Permitted Use of Resort Recreation Facilities,as identified in
Section 3-310.V.,within the Resource zone district,the proposed SUP does comply with the
Resource zone district standards as required by ECLUR 5-250.B.3. The proposed SUP
complies with minimum lot area, setbacks, lot coverage,and building height allowed in the
Resource(R)zone district as a variance is appropriate to allow increased height for the
bungee jump to obtain a desired design quality to ensure safe operation.As the paintball area,
a Canyon Plunge feature,and a bungee jump feature are being added to the existing zipline,
Condition#5 is necessary to ensure that these new features comply with the conditions of the
2007 SUP currently governing the Property.
d. Design Minimizes Adverse Impact. That with the addition of Condition#3 identified below,
the potential for glare and visual impacts to scenic resources from the bungee box will be
adequately mitigated. In addition, the proposed SUP Amendment reasonably avoids adverse
impacts to adjacent properties and its installation and operation is not anticipated to have
impacts to,trash,traffic,parking,noise,odors,vibrations,or other nuisances issues as
required by ECLUR 5-250.B.4.
e. Design Minimizes Environmental Impact. That with the addition of Conditions#1-4,#6,
and#12 identified below,the proposed SUP will minimize environmental impacts and will
not cause deterioration of natural resources including water,air,wildlife,or wildlife habitat
as required by ECLUR 5-250.B.5. As defined by CPW, and identified above,the Property is
located within important winter habitat for multiple species.Wildlife habitats of concern
include mule deer severe winter range,mule deer winter concentration areas and movement
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corridors,and bald eagle winter range and forage.Accordingly,Conditions#1,#3,#4 are
necessary to ensure the proposed uses do not cause significant deterioration to deer and raptor
populations and habitat. Condition#2 is necessary to ensure the proposed uses do not
significantly deteriorate scenic resources. Condition#6 ensures that the natural resource of
the Harrington penstemon,which may be found on the property,will not be impacted by the
proposed uses. Finally,Condition#12 will allow for the minimization of environmental
impact as the proposed uses must be removed should the SUP cease to operate.
f. Impact on Public Facilities, That the proposed SUP will be adequately served by,and will
not create the need for additional necessary facilities and services including roads,water and
sewer,police,and fire protection.
g. Site Development Standards. That with addition of Conditions#7-#11 the proposed SUP will
comply with the Site Development Standards of Article 4,ECLUR and the Application meets
standards related to the avoidance of hazards,natural resource protection,and road and
driveway improvement standards. Conditions#3-#5, and#7-#11 are necessary to ensure the
Application meets standards related to the avoidance of hazards,natural resource protection,
and road and driveway standards of Article 4,ECLUR. Condition#7 ensures the proposed
uses will comply with improvement standards related to the replacement of the crossing over
Alkali creek. Conditions#8 and#9 ensure the proposed uses will be in compliance with
applicable drainage standards and will minimize the risk of damage from erosion on the
Property. Conditions#10 and#11 bring the Application into compliance with standards
pertaining to transportation and emergency service impact fees.The Board further finds that
variations to standards related to the location of emergency pullouts,the driveway grade,and
sidewalk and trail standards as identified in the Applicant's Variation Table are appropriate to
avoid environmental resources and natural hazards given the extensive site disturbance
required to strictly comply with Article 4 standards and the risk of erosion on the Property.
h. Other Provisions. This standard is met as it is not applicable.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the
County of Eagle, State of Colorado:
THAT,this Application for a Consolidated Special Use Permit is hereby approved, subject to the
following conditions agreed to by the Applicant,and that violation of any condition shall be the basis for
revocation of this approval pursuant to the ECLUR:
1. The uses authorized pursuant to this SUP shall not be operated from December 1st thru
April 30th annually and this winter closure shall not be subject to annual review for
snowpack and temperatures. This winter closure shall be reviewed by the Community
Development Director,in consultation with the Applicant and CPW,to determine
whether the closure dates may be altered every five years.Any additional perimeter
fencing shall utilize the wildlife friendly fencing guidelines as identified in CPW's
document "Fencing with Wildlife in Mind."
2. The Applicant shall prepare and obtain approval from the Community Development
Director, in consultation with CPW,of a system of visual deterrents for birds for the
existing zipline and bungee jump cables. The system shall be installed prior to December
1,2023.
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3. The visual impact of the bungee jump shall be mitigated by limiting the exterior materials
of the bungee box to non-reflective materials and a color which blends with the
surroundings. The design,materials, and color of the bungee box shall be subject to
review and approval by the Community Development Director,in the Director's
Reasonable discretion,prior to installation.
4. Construction and operation of the paintball feature shall be excluded from the riparian
zones along the creek and confined to upland/mesic/dry areas. Paintball ammunition shall
be limited to biodegradable and animal safe ammunition.
5. This SUP shall continue to follow Conditions 1, 3, 5, 6,7, 10,and 12 contained in BOCC
Resolution 2007-63,Approval of the SUP for Zip Line Adventures of Vail, file No. ZS-
00138,which provided as follows:
1. Except as otherwise modified by this development permit, all material
representations made by the Applicant in this application and public meetings
shall be adhered to and considered conditions of approval.
3. All other recommendations from the CDOW are followed.
5. Any signage on the site needs approval from Community Development.
6. A portable toilet is installed at the site and is maintained by best practices
recommended by the provider. In addition,trash is removed from the site daily.
7. The gate to the site/zip line be locked at all times, including during operation.
10. Follow#6 of applicants'letter dated April 9,2007 in regards to constructing trails
between the zip lines.
12. The applicant will cooperate with the CDOW to create and implement signage to
discourage hunter parking at the site.
6. Prior to the issuance of a grading or building permit for construction activities related to
the SUP, a qualified professional shall survey activity areas for the presence of
Harrington penstemon and,in the event that Harrington penstemon plants are located,
shall outline specific mitigation measures for review and approval by Eagle County Open
Space and Natural Resources,which approval shall not be unreasonably withheld.
7. A Grading Permit shall be secured and associated improvements shall be completed for
the proposed Alkali Creek crossing.The permit application must be made prior to
beginning operations of the new features,and the construction schedule planned to avoid
the spring run-off and to be completed prior to October 30,2023.
8. Staff will perform an inspection of all disturbed areas and trails before activities
commence on the new features(Canyon Plunge,bungee jump,paintball)and after a year
of operation. Additional inspections may be required if there are concerns related to
erosion on the site. The Applicant shall notify staff if significant erosion occurs which
warrants replacement or relocation of any trails or activity areas.
9. Before commencing use of the paintball course or bungee jump feature,county staff will
inspect the site to verify that all disturbed areas related to those activities have been
stabilized as proposed in the plans approved with the Grading or Building Permit for
those areas.
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10.The Applicant shall pay a Road Impact Fee of$1,370.77 before the issuance of any
grading or building permits or within 60 days of the approval of this Application,
whichever comes first.
11.The Applicant shall pay an Emergency Impact Fee of$392.00 before the issuance of any
grading or building permits or within 60 days of the approval of this Application,
whichever comes first.
12. The Applicant shall remove all cables and structures specific to the operation of the SUP
in the event the SUP ceases to operate.
THAT,the Applicant has provided documentation of payment for the required Road Impact Fee
(Condition#10) and the Emergency Impact Fee(Condition#11). In addition,the Applicant has completed
and provided documentation of a survey of the proposed paintball course and bungee jump platform by a
qualified professional for the presence of Harrington penstemon and encountered no rare plants
(Condition#6)and therefore those conditions of approval are deemed to have been satisfied; and
THAT,the Board directs the Department of Community Development to provide a copy of this
Resolution to the Applicant; and
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.
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MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of
Eagle, State of Colorado, on this 1st day of August , 2023, nunc pro tunc May 9, 2023.
DocuSigned by:
°"�"� COUNTY OF EAGLE, STATE OF
COLORADO,By and Through Its
��O0.P� BOARD OF COUNTY COMMISSIONERS
ATTEST: DocuSigned by:
pDocuSignedby: 641 ////��������A ,�tty� ��1L,�1i
��°°t- � ����- By. OA08 FfCB 03...
ClerkL &mod Kathy CZhand er-Henry
Chair
MA.�DocuSigned f� b y:
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Malt JeflerrOn/3...
Commissioner
EDocuSigned by:
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GA4AG 8 47A..
Jeanne2Fc uenney
Commissioner
Commissioner Scherr seconded adoption of the foregoing resolution. The roll having been
called,the vote was as follows:
Commissioner Chandler-Henry Aye
Commissioner Scherr Aye
Commissioner McQueeney Aye
This resolution passed by 3/0 vote of the Board of County Commissioners of the County of Eagle,
State of Colorado
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Attachment A-Property Description
Legal Description:A parcel of land within Tract 46 and Tract 50, Township 4 South, Range
83 West of the Sixth Principal Meridian, Eagle County, Colorado, described as follows:
Beginning at Corner No. 4 of said Tract 46, thence, along the north line of said Tract 46,
S89°21'18"E 1320.00 feet to Corner No. 3 Tract 46; thence on a projection of that line,
S89°21'18"E 711.35 feet to the westerly right of way of State Highway No. 131; thence,
along said westerly right of way, S16°58'42"W 1376.95 feet to a south line of said Tract 46;
thence, along said south line, N89°21'18'W 324.26 feet to Corner No. 7 Tract 46; thence,
along the east line of said Tract 46, SOO°38'42'W 1106.49 feet to said westerly right of way;
thence, along said westerly right of way, 516°58'42"W 221.54 feet to the south line of said
Tract 46, common with the north line of said Tract 50, said point also being the point of
beginning of Parcel B, according to a deed recorded in Book 406, Page 2 in the office of the
Eagle County, Colorado, Clerk and Recorder;thence continuing on said westerly right of
way, also being the easterly line said Parcel B, the following two courses: 1) S16°58'42'W
1182.63 feet; 2)363.70 feet along the arc of a curve to the left, having a radius of 868.51
feet, a central angle of 23°59'37", and a chord that bears 504°58'54'W 361.05 feet to the
southerly line of said Parcel B; thence, departing said right of way and along said southerly
line, N38°41'13"W 785.27 feet to a projection of the west line of said Tract 46; thence, along
the west line Tract 46, NOO°38'42"E 900.00 feet to Corner No. 5 Tract 46; thence, along the
west line Tract 46, NOO°38'42"E 2622.18 feet to the Point of Beginning, containing 127.86
acres, more or less.
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