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HomeMy WebLinkAboutR93-101 special use permit for Wolcott Golf ClubCommissioner ��.� moved adoption - F of the followi Resolution: BOARD OF-COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 93 - /151 APPROVAL OF SPECIAL USE PERMIT FREDERICK GREEN, WOLCOTT GOLF CLUB FILE NO. ZS- 329 -92 WHEREAS, Frederick Green, ( "Applicant ") did file an application with the Eagle County Department of Community Development on or about October 15, 1992, for a Special Use Permit for a golf course, within a Resource Zone District, in the unincorporated area of Eagle County. The legal description is incorporated, hereinafter, referenced as Exhibit.A, and; WHEREAS, on December 2, 1992, the application was tabled by the Eagle and Colorado Valley Planning Commission in order for the application to be amended'to include gravel extraction and crushing;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. 2. That the proposed special use conforms to the require- ments of Section 2.09 of the Eagle County Land Use Regulations, which are incorporated herein as if set forth with particularity. w b� �rn (D r CD N oa �o M co ('] N 0 c+ W 0 m c R* IT m 0 0 a. c 0 ?T Q 3. That the proposed special use will be compatible with or] existing uses in the area. o 0 4. That the following have been considered: The potential effect of the use on the character of the neighborhood, t adequacy of access to and from the area, c c appropriateness of the physical arrangement of the use on the proposed site, and consistency with the Master Plan and 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, morals, 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: C-4 CD WHEREAS, Frederick Green, ( "Applicant ") did file an application with the Eagle County Department of Community Development on or about October 15, 1992, for a Special Use Permit for a golf course, within a Resource Zone District, in the unincorporated area of Eagle County. The legal description is incorporated, hereinafter, referenced as Exhibit.A, and; WHEREAS, on December 2, 1992, the application was tabled by the Eagle and Colorado Valley Planning Commission in order for the application to be amended'to include gravel extraction and crushing;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. 2. That the proposed special use conforms to the require- ments of Section 2.09 of the Eagle County Land Use Regulations, which are incorporated herein as if set forth with particularity. w b� �rn (D r CD N oa �o M co ('] N 0 c+ W 0 m c R* IT m 0 0 a. c 0 ?T Q 3. That the proposed special use will be compatible with or] existing uses in the area. o 0 4. That the following have been considered: The potential effect of the use on the character of the neighborhood, t adequacy of access to and from the area, c c appropriateness of the physical arrangement of the use on the proposed site, and consistency with the Master Plan and 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, morals, 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 app`ation of Frederick Green C", ile No. ZS- 329 -92, for a Special Useermit for a gravel pit, ph I and golf course, phase II 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. All applicable State and Federal permits must be obtained prior to initiation of gravel extraction. 2. A project specific dust control plan, including gravel stockpiles, must be approved by staff prior to initiation of gravel extraction. 3. The site may not be utilized as a "contractors storage yard." Only equipment that is necessary for the daily /on -going operation and maintenance of the gravel operation may remain on site. 4. Prior to initiation of gravel extraction, a setback buffer from the riparian corridor and wetlands must be established and approved by staff. The setback buffer must be clearly identified on site by constructing a barrier fence. The barrier fence must remain in place during gravel operations. 5. A current inventory of the sites historic and archaeologic resources must be completed by a qualified archaeologist and reviewed by staff prior to disturbance of the site. 6. Implementation of the Wildlife Mitigation Plan, prepared by Western Ecosystems, Inc. dated March 16, 1993. PHASE II — GOLF COURSE 1. This special use permit for golf course construction and operation shall not be valid until the applicant has presented the following to the Board of County Commissioners for approval: -A reclamation plan -Cost estimates - Reclamation bond The reclamation plan shall be prepared by a. Professional Engineer and encompass the entire 207 acres. The reclamation plan and bond is intended to insure reclamation of the site to a condition suitable for flood irrigated agriculture. 2. If the Reclamation Bond is not approved by the County Commissioners within three years from the date of permit approval, this permit shall be automatically subject to revocation proceedings in accordance with the Eagle County Land Use Regulations. 2 3. A 404 permit other final action from Corps of Engineers, shawl be submitted to the Department of Community Development prior to construction. 4. Final approval of the Water Court Decree or approval of a substitute supply plan by the Office of the State Engineer. 5. A current inventory of'the sites historic and archaeologic resources must be completed by a qualified archaeologist and reviewed by staff prior to disturbance of the site. 6. Implementation of the Wildlife Mitigation Plan, prepared by Western Ecosystems, Inc. dated March 16, 1993. 7. An annual review /progress report shall be submitted to the Department of Community Development by the applicant until a certificate,of occupancy is issued•for the clubhouse. 8. The County shall charge the current hourly rate for additional staff review, including site inspections. 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. 3 MOVED, READ ADOPTED by the Board of aunty Commissioners of the County of Ea-41e, State of Colorado, at its regular meeting held the �-1 day of 1992, nunc pro tune April 2, 1993. COUNTY OF EAGLE, STATE OF COLORADO, , Cofimissioner James E. Johnson, Jr., Commissioner Commissioner seconded adoption of the foregoing Res lution. The roll having been called, the vote was as follows: Commissioner George A. Gates Commissioner Johnnette Phillips Commissioner James E. Johnson, Jr. This Resolution passed by 6� - Q vote of the Board of County Commissioners of the County of Eagle, State of Colorado. A:SUPWGOLF.RES 4 Less the following described parcels of lnnds A parcel of land being 100 feet on each side of the following described centerline, located in said Tracts 55, 56, and 57 for right -of- way by the Denver Rio Grande Western Railroad: The Point of Beginning of said centerline lies S 89 0 58 1 37 0 E.a distance of 720.53 feut from Angle Point No. 3 of said Tract 57; thence N 52 "20'48 "W a distance of 666.00 feet to a point of curvature of a chord defined curve to the right having a radius of 2864.93 feet;.thence along said curve a distance of 990.05 feet with a chord bearing and distance of N 42"26'48 "W 905.13 feet to a point of tangency; thence N 32 °32'48 "W tangent to said curve a distance of 4346.34 feet to a point of curvature of a chord defined curve to the right having a radi: of 5729.65 feet; thence.along said curve a distance of 485.90 feet with a chord bearing and distance of N 30 07`02 "W 485.75 feat to a point on the North line of said Tract 55 from which Angle Point No. 2 lies S 89 "W a distance of 873.71 feet. Said parcel of land contains 14.9 acres, more or less. Also a parcel of.land located in said Tract 57 and the East 400 feet of said Tract 56 for right -of -way for U.S. Highway 6: The Point of Beginning being Angle Point No. 4 of said Tract 56, also being Angle Point No. 3 of said Tract 57; thence N 891 58'37"W along the South line. of ;aiC-. Tv.nct 56 a distance of 400.00 feet to a point; thence N 0 0 04'55 "E along a line 400 feet west and parallel to the East M ne of said Tract 56 a distance 215.72 feet to a point on the North right -of -way line of U.S. Highway 6 and on an arc - defined curve to the right having a radius of 1607.10 feet; thine along the north right -of -way line of said 'U.S. Highway 6 and along said curve a dis- tance of 326.25 feet having a chord bearing and distance of S 68 0 30'07 "E 325.74 feet to a point of tangency; thence S 62 0 57 1 43 "E tangent to said curve and along the north right -of -way line of said U.S. Highway 6 P distance of 108.54 feet to a point on the went line of said Tract 57; thence S 62°57'43 "E continuing along said no•.th right -of -way line a distance of 103.8.! foot to a point; thence N 89• ° 50' 37 "W leavi +rg acrid right -of -way line a distance of 92.55 fee': to the Point of Said parcel of land contains 1.3 acres, more or less. Gross acreage with rights -of -way 223.5 acres Less railroad right -of -way 14.9 acres Less U.S. 6 right -of -way 1 ages Net acreage of Koprinikar ' property 207.3 acres EXHIBIT "A" LEGAL DESCRIPTION A parcel of land located in Tracts 55, 56 and 57, and Sections 14, 23 and 24, all in Township 4 South, Range 83 West, in the Sixth Principal Meridian, Eagle County, Colorado, according to the Independent Resurvey of said Township 4 South, Range 03 West, as approved by the.U.S. Surveyor General's Office in Denver, Colorado, June 20, 1922, and being more particularly described as follows: The Point of Beginning being at Angle Point No. 1 of said Tract 55, thence .S OB ° 04'09 "W along the east line of said Tract 55 a dis- tance of 2632.50 feet to Angle Point No. 4 of said Tract 55, said point also being on the North line of said Tract 56; thence S BT 56'23 "E along the North line of said Tract 56 a distance of 1323.76 feet to Angle Point No. 1 of said Tract 56; thence S 00'11'10 "W along the East line of said Tract 56 a distance of 1317.35 feet to Angle Point No. 2 of said Tract 57; thence S 89°51'20 "E along the North line of said Tract 57 a distance of 1323.90 feet to Angie Point No. 1 of said Tract 57; thence S 00' 16'14W along the East line of said -,. Tract a distance of 1317.42 feet to a :point; thence N 89°58`37 "W a distance of 1319.56 feet to Angle Point No. 3 of said Tract...57; said point also being Angle Point No. 4 of said Tract 56; thence N 89' "N alon _the South line of said Tract 56 a distance of 400.00 feet to a point; thence - ....N.00- 04'55 "E on a line parallel to the East ling of said Tract 56 to the centerline of - `the Eagle River; thence Northwesterly along the_centerline of the•Eagle River through said'Tracts 56 and 55 to a point on the North linP said Tract 55; thence N 89 °59' 52 "F along_the North line of said Tract 55 to Lae Point of Beginning; said parcel of land contains 223.5 acres, more or less.