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Home My WebLink AboutR05-045 Approval of a Special Use Permit for the Peach Ranch Pond File No. ZS-00122 Commissioner ~ moved adoption - of the folIo g Resolution: RESOLUTION of the COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2005 - C; APPROVAL OF THE SPECIAL USE PERMIT for the PEACE RANCH ("WILLOW") POND FILE NO. ZS-00122 WHEREAS, on or about November 4th, 2004, Peace Ranch, LLC; (herein after "Applicant") did file an application with the Eagle County Department of Community Development for a Special Use Permit to construct a pond which is greater than 10 acre feet, located in the Resource Zone District in the unincorporated area of Eagle County described as follows: 2900 Taylor Creek Road, Basalt. See attached Exhibit A WHEREAS, the Special Use Permit request was considered at a public meeting by the Eagle County Planning Commission February 17th, 2005 and by the Eagle County Board of County Commissioners on March 22nd, 2005; and; WHEREAS, pursuant to the Eagle County Land Use Regulations, reservoirs and dams engineered to contain more than ten (10) acre feet of water (such as the proposed pond) necessitate a Special Use Permit; and, WHEREAS, the pond will contain approximately 3.3 surface acres with a depth of 12-15 feet; approximately 0.5 acres of the pond will encompass emergent and transitional wetlands; and, WHEREAS, the pond will be located on an existing, working horse ranch approximately 487 acres in size. The ranch contains several equipment sheds; a barn; the ranch manager's residence and a bunk house for the ranch hand; several corrals and loafing sheds. The Peace Ranch also has pastures for grazing livestock and is irrigated for raising hay; and, WHEREAS, the pond will be used for agricultural stock watering, private fishing, recreation, aesthetics, waterfowl and wildlife; and, 1 WHEREAS, based on the evidence, testimony, exhibits, and 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 pursuant to Eagle County Land Use Regulations Section 5-250.B Standards for the review of a Special Use Permit: [1] Section 5-250.B.1. Consistent with AIaster Plan. The proposed Special Use Permit CAN be shown to be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies of the Master Plan and Master Plan FLUM, and related sub-area master plans. [2] Section 5-250.B.2 Compatibility. The proposed Special Use IS appropriate for its proposed location and IS compatible with the character of surrounding land uses. [3] Section 5-250.B.3 Zone District Standards. The proposed Special Use DOES comply with the standards of the zone district in which it is located and the standards applicable to the particular use, as identified in Section 3-310, Review Standards Applicable to Particular Residential, Agricultural and Resource Uses. [4] Section 5-250.B.4 Design Minimizes Adverse Impact. The design of the proposed Special Use DOES adequately minimize adverse impacts, including visual impact of the proposed use on adjacent lands. The Special Use WILL avoid significant adverse impact on surrounding lands regarding trash, service delivery, parking and loading, odors, glare, and vibration. Adverse impact on surrounding lands regarding noise and traffic, WILL NOT create a nuisance. [5] Section 5-240.F.3.e (5) Design lvfinimizes Environmental Impact. The proposed Special Use CAN fully minimize environmental impacts, and though it will not cause significant deterioration of water and air resources, wildlife habitat, and other natural resources, it WILL NOT cause significant deterioration to scenic resources. [6J Section 5-250.B.6 Imvact on Public Facilities. The proposed Special Use IS adequately served by public facilities and services such as roads, pedestrian paths, potable water and waste water facilities, parks, schools, police and fire protection, and emergency medical services. 2 [7] Section 5-250.B. 7 Site Development Standards. The proposed Special Use, as conditioned, DOES fully comply with all the appropriate standards - in Article 4, Site Development Standards. [8] Section 5-250.B.8 Other Provisions. The proposed Special Use DOES comply with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics; specifically: Section 3-310.L. Reservoirs and Dams. Reservoirs and dams engineered to contain more than ten (10) acre feet of water shall comply with all applicable state specification and the following standards: 1. Public Need. The use WILL serve the needs of the agricultural use of the property. 2. Not Create Hazard. The reservoir or dam WILL NOT create a hazard to the existing populated areas of Eagle County, either during construction or afterwards. 3. Maintenance. The reservoir WILL be properly maintained in perpetuity. 4. No Adverse Affects. The reservoir or dam site WILL NOT adversely affect wildlife, the environment, or stream flows of existing streams to the detriment of the fish population. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT the Special Use Permit application to construct a pond which is greater than 10 acre feet, located in the Resource Zone District in the unincorporated area of Eagle County described herein, be approved, subject to the following conditions, and that violation of any condition shall be the basis for revocation of the Special Use Permit: 1. Except as otherwise modified by this Permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval. 2. All comments pursuant to the Engineering memo dated February 1 S\ 2005 must be resolved to the satisfaction of the County Engineer prior to the issuance of a grading permit. Any related Army Corps of Engineering permits, which are triggered as a result of the above Engineering requirements, must be also be obtained prior to the issuance of a grading permit. 3 3. The applicant shall submit a copy of the approved water augmentation plan from the State of Colorado and submit to Community Development for incorporation into the file. - 4. Permits must be obtained from the Colorado Division of Wildlife regarding the stocking and moving of fish. 5. Applicant shall incorporate the recommendations of the both the Weed and Pest Coordinator and the Division of Wildlife prior to the installation of the vegetative materials. 6. The Applicant (as agreed) shall submit both a revegetation plan, as well as a long term weed management plan to Staff which includes irrigation plans. Plan must be submitted prior to the issuance of a grading permit. THAT, this permit shall be subject to review as provided for by the Eagle County Land Use Regulations. 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 fmds, 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 oft1 County of Eagle, State of Colorado, at its regular meeting held the I ~ day of ~. , 2005, nunc pro tunc to the 22nd day of March, 2005. EAGLE, STATE OF COLORADO, By and OARD 0 TY COMMISSIONERS B B Peter F. Runyon, Commissioner BY:~ Tom . Stone, ommlSSlOner 4 Commissioner ~ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: - Commissioner Am M. Menconi Commissioner Peter F. Runyon Commissioner Tom C. Stone This Resolution passed by vote of the Board of County Commissioner of the County of Eagle, State of Colorado. 5 Exhibit 'A' Peace Ranch Pond 28-00122 , '. 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