HomeMy WebLinkAboutR23-075 Approval Special Use Permit Boat Launch File No. ZS 009252-2022 DocuSign Envelope ID:4B856217-2645-4F15-AEA6-759585DF925E
Commissioner scherr moved adoption
of the following Resolution:
BOARD OF EAGLE COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2023- 075
APPROVAL OF THE CONSOLIDATED SPECIAL USE PERMIT FOR
BOAT LAUNCH
EAGLE COUNTY FILE NO. ZS-009252-2022
WHEREAS, on or about April 18, 2022, the County of Eagle, State of Colorado,
accepted for filing Eagle County File No. ZS-009252-2022, (the"Application") submitted by
Gore Range, LLC(the "Applicant"); and
WHEREAS, the Applicant requests approval of a Consolidated Special Use Permit
("SUP") pursuant to Eagle County Land Use Regulations(the "ECLUR") Section 5-250 to allow
the construction of a boat launch into the Colorado River on property owned by the
Applicant located at 18503 Hwy 131 in the Bond area described in Exhibit A attached
hereto, also identified as the Fish Camp Exemption Parcel #1 and identified as Assessor's
Parcel #1689-093-01-00 (the "Property"); and
WHEREAS, the Property is a legal nonconforming lot zoned Resource (R).
Furthermore, the Property's plat includes Plat Note #8, stating, "[N]o more than a single
family dwelling and ancillary agricultural uses shall be allowed on the entire lot unless a Special
Use Permit is obtained in this lot as prescribed by the Eagle County Land Use Regulations."
ECLUR Table 3-300 - Residential and Agricultural Zone District Use Schedule, does not
identify a boat launch as a permitted use. Uses that are not listed in Table 3-300 require the
Planning Director determines, pursuant to Section 5-220, Interpretations, that the proposed
use is sufficiently similar to a use listed in Table 3-300, "Residential, Agricultural and
Resource Zone Districts Use Schedule". A use that is determined to be similar to a listed
use shall be subject to the same standards as the use to which it was determined to be
similar. In this case, the Applicant applied for a Determination of Similar Use, and the
Community Development Director determined that the proposed use is sufficiently similar
to a "Resort Recreational Facility; Day or Resident Camp"("Resort Recreational Facility") use
as listed in Table 3-300. A Resort Recreational Facility is permitted in the Resource (R)zone
district following Special Use Permit review and approval. Therefore, because of the
Determination of Similar use as a Resort Recreational Facility, the boat launch use can be
reviewed through evaluation of compliance with standards found in Section 5-250,Special
Use Permit.; and
WHEREAS, on June 20, 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 June 22, 2023, notice was posted in the Eagle Valley Enterprise and Vail
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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 July 1, 2023; and
WHEREAS, at a public meeting held on July 19, 2023, the ECPC considered the
Application, the proposed use, associated plans, documents and studies; the statements
and concerns of the Applicant; the statements of Eagle County Community Development,
Engineering staff and other interested persons, and based upon its findings, recommended
approval with conditions of this Application by a unanimous vote to the Board of County
Commissioners for the County of Eagle, State of Colorado (the"Board"); and
WHEREAS, on August 21, 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 August 16, 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 July 1, 2023 remained on the Property; and
WHEREAS, at a public meeting held on September 5, 2023, the Board considered
the Application, the proposed use, 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, 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 conditions as set forth below:
a. Consistent with Comprehensive Plan. That with the addition of Condition #1,
identified below, this Application is in substantial conformance with the Eagle
County Comprehensive Plan (the"Comprehensive Plan") as required by ECLUR
5-250.B.1. Conforming with Sections 3.2, 3.5, 3.6, and 3.7 of the Comprehensive
Plan, the Application provides for development within Eagle County and
enhances access to the river amenity with the absence of resource, ecosystem,
or environmental damage. The SUP is consistent with the area's scenic beauty;
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supports a healthy natural environment, manages growth for a healthy balance
between economic success, quality of life, and preservation of the environment,
and protects wildlife habitat consistent with Sections 3.8, and 3.10. Condition #1
details a series of construction impact mitigation measures to minimize impacts
as noted in Section 3.7.6 - Policies and Recommended Implementation Strategies for
Wildlife Resources.
b. Compatibility. That the Application is generally compatible with adjacent
residential, agricultural, and recreational land uses. The Property is zoned
Resource (R)and is surrounded by properties with the same zoning designation.
Directly south of the subject Property is a public boat launch on Bureau of Land
Management lands, which is managed by Eagle County Open Space. In
conjunction with a proposed berm, the use is compatible with surrounding
current and future uses of the Property. No infrastructure improvements, other
than those proposed on the Property, are required for the Application.
c. Zone District Standards. That with the addition of Condition #2, identified below,
the Application complies with the Resource (R) district standards and the
standards applicable to the Resort Recreational Use in Section 3-310.V. Condition
#2 requires a floodplain development permit be obtained for the construction of
the boat launch.
d. Design Minimizes Adverse Impact. That with the addition of Condition #3,
identified below, the Application reasonably avoids adverse impacts. The boat
launch installation and operation are not anticipated to have impacts to trash,
traffic, service delivery, parking and loading, odors, noise, glare, and vibration, or
other nuisances. Condition #3 requires the impact to the stream area be
minimized to the greatest extent possible.
e. Design Minimizes Environmental Impact. That with the addition of Conditions
#1-5, identified below, the Application minimizes environmental impacts and will
not cause deterioration of natural resources. The Property is located within an
important recreational area for anglers and boaters. Installing appropriate Best
Management Practices in concert with the work in the river is important to
minimize the environmental impacts. Condition #1 details a series of
construction impact mitigation measures to minimize those impacts. Condition
#2 requires a floodplain development permit be obtained for the construction of
the boat launch. Condition #3 requires the impact to the stream area be
minimized to the greatest extent possible. Condition #4 requires maintenance
for ongoing river health. Condition #5 requires a decommission plan in the event
that the launch is no longer desired.
f. Impact on Public Facilities, That the Application 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.
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g. Site Development Standards. That with addition of Conditions#1-7 the
Application complies with the Site Development Standards of Article 4, ECLUR.
Condition #1 ensures the Application protects wildlife resources during the
construction phase. Condition #2 requires a floodplain development permit be
obtained for the construction of the boat launch. Condition #3 requires the
impact to the stream area be minimized to the greatest extent possible.
Condition #4 requires maintenance for ongoing river health. Condition #5
requires a decommission plan in the event that the launch is no longer desired.
Condition #6 requires completion of the required improvements related to the
State Highway Access Permit previously issued for the property. Condition #7
requires payment of the Transportation Impact Fee applicable to the proposed
improvements.
h. Other Provisions. This standard is met asno other applicable provisions.
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. Per the Colorado Parks and Wildlife recommendations letter dated November 1,
2021, and additional construction considerations, the Applicant shall comply
with the following conditions for construction of the boat launch:
• In-stream construction shall only take place from August 15th through
September 30th to minimize impacts to local spawning fish populations.
• The boat ramp dimensions shall not exceed 20 feet in width.
• All riverbank vegetation shall be minimally disturbed.
• Limits of disturbance shall be identified in the field with a construction fence
prior to construction.
• Creation of areas that increase or encourage the deposition of fine sediment
or adding fine sediment shall be avoided to reduce the amount of habitat for
tubifex worms.
• Existing fine sediment currently found at the boat ramp location shall be
removed to increase aquatic habitat quality.
• Linear control shall be installed including silt fence, erosion control logs and
check dams at the downstream end of the project site.
• A turbidity curtain shall be utilized:
• Flows shall be diverted around the work area, as necessary.
• Any small cobble used in the ramp construction must be 1/2 inch or larger.
• Equipment entering and leaving the river shall be cleaned and dried to avoid
spreading nuisance organisms.
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• Equipment shall be cleaned prior to and after completion of the project to
reduce the potential for the spread of invasive weeds.
• Access points for heavy equipment entering the river bed shall be kept to an
absolute minimum.
2. The Applicant shall obtain a floodplain development permit, in conformance with
ECLUR Section 3-350.F, prior to commencing construction or the proposed use
within 75-feet of the highwater line of the Colorado River. The permit shall
provide a demonstration that the proposed use is designed to prevent floatation
or lateral movement from hydrostatic or hydrodynamic loads, and constructed
of flood resistant materials.
3. Only those improvements necessary for the 20 foot rampway and associated
stabilization may be located within the 75 foot stream setback.
4. This boat launch will be operated by the property owner in accordance with all
agency approvals including those of the US Army Corps of Engineers and Eagle
County. Failure to maintain in-stream improvement may result in revocation of
the Eagle County Special Use Permit#ZS-009252.
5. Decommissioning of the boat launch requires the approval of a plan by Eagle
County for the restoration of the river bank and any disturbance within the
applicable stream setback, through importing topsoil and re-shaping the surface
to avoid runoff. Best Management Practices shall be used to minimize erosion
and sedimentation during the removal.
6. The Applicant shall complete the required improvement of State Highway Access
Permit#323023 prior to County permit approval for the grading and disturbance
associated with the proposed use. The Access Improvement shall include closing
and permanently removing the existing agricultural access located on the south
end of the Property and relocating the primary access gate to allow for the
largest design vehicle to clear the highway outside of the gate.
7. Prior to grading permit approval for construction of the boat launch
improvements, the Applicant shall pay a Transportation Impact Fee of$35.83 to
Eagle County.
8. Except as otherwise modified by this development permit, all material
representations made by the Applicant in this Application and in public meetings
shall be adhered to and considered conditions of approval.
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.
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, on this 12th day of December , 2023, nunc pro
tunc September 5, 2023.
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DocuSign Envelope ID:4B856217-2645-4F15-AEA6-759585DF925E
DocuSigned by:
% COUNTY OF EAGLE, STATE OF
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COLORADO, By and Through Its
��oRe BOARD OF COUNTY COMMISSIONERS
ATTEST: DocuSigned by: \ DocuSigned by:
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Clerk to the Board Kathy Chandler-Henry
Chair
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DocuuSignedby.:
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Matt Scherr
Commissioner
DocuSigned by:rl1
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Jeanne McQuenney
Commissioner
Commissioner McQueeney seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner Chandler-Henry Aye
Commissioner Scherr Ave
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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DocuSign Envelope ID:4B856217-2645-4F15-AEA6-759585DF925E
Exhibit A- Property Description
Legal Description: PARCEL 1, FISH CAMP EXEMPTION, ACCORDING TO THE EXEMPTION
PLAT RECORDED SEPTEMBER 1, 2016 UNDER RECEPTION NO. 201614018, COUNTY OF
EAGLE, STATE OF COLORADO.
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