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HomeMy WebLinkAboutR06-119 - affirming ComDev director on alpine slide use by right in Beaver Creek PUD Guide moved adoption of the following Resolution: ~ BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2006- /1 q A RESOLUTION AFFIRMING THE DECISION OF THE COMMUNITY DEVELOPl\1ENT DIRECTOR THAT AN ALPINE SLIDE IS A USE BY RIGHT IN THE 1994 Al\1ENDED AND REST ATED BEAVER CREEK PUD GUIDE OPEN SPACE RECREATIONAL AREA WHEREAS, in 1994, the Board of Eagle County Commissioners approved an Amended and Restated Beaver Creek PUD Guide that describes uses by right in the Open Space Recreation area as: All recreational activities and facilities compatible with the valley's environment and consistent with the needs of a year-round mountain resort. including but not limited to, activities and facilities associated with alpine and Nordic recreational and competitive skiing, equestrian operations, sports courses, swimming, ice skating, bicycling, fishing, bob sledding, children's playgrounds, hiking, golf, special events, outdoor entertainment, utility installations and lines; service and roadways and bridges, mobile food service, mountain recreation lodging facilities as shown in an approved P.U.D. plan, and private club/restaurant facilities. . . (emphasis added); and WHEREAS, on June 30,2006, Vail Resorts wrote to the Eagle County Community Development Director "asking for your interpretation, in writing, that an Alpine Slide is a permitted use within the OSR [Open Space Recreation] designation in the Beaver Creek PUD Guide"; and WHEREAS, on July 21, 2006, in accordance with Eagle County LUR 5-220(C)(3), the Community Development Director responded to Vail Resorts' letter of June 30,2006 and advised it of his interpretation of the language of the PUD as allowing an Alpine Slide as a use by right, reasoning that an Alpine Slide qualified as a recreational use in a year-round mountain resort, as contemplated by the 1994 PUD Guide; and WHEREAS, on August 18,2006, the Beaver Creek Property Owners Association appealed to the Board of County Commissioners from the July 21,2006 decision of the Community Development Director interpreting the 1994 PUD Guide as allowing an Alpine Slide as a use by right; and WHEREAS, on August 21,2006, Highlands Resort Association and Greystone and Wiltshire Court association also appealed to the Board of County Commissioners from the Community Development Director's decision of July 21,2006; and WHEREAS, on October 16,2006 a public hearing was duly held before the Board of County Commissioners at which the voluminous materials filed by the appellants, both with their appeals and for the hearing, together with materials submitted by Vail Resorts and materials submitted by the Community Development Director, were entered into the record, an oral statement from the Community Development Director, the oral statements and arguments of the representatives of the appellants, Vail Resorts, and members of the public were received, preliminary reactions were voiced by the Commissioners, and thereafter a statement of post- hearing proceedings was made by the Chairman of the Board, including a statement that the evidentiary phase of the appeal proceedings was concluded and that post-hearing briefs of the parties would be received and a further hearing for the purpose of Board deliberations and decision on the appeal was scheduled for November 21,2006; and WHEREAS, on November 21,2006 a public hearing was held before the Board, Commissioners' questions on the legal arguments were put to representatives of the appellants and Vail Resorts, a motion to uphold the decision of the Community Development Director based on the evidence and arguments introduced at the hearings was made and seconded, and the Board unanimously voted to approve that decision. NOW, THEREFORE, BE IT RESOLVED: THAT based on the evidence, including documents, graphic and electronic exhibits and testimony of witnesses, and on the oral and written arguments advanced by representatives of the parties, and on the plain language of the 1994 PUD Guide, the July 21, 2006 decision of the Community Development Director interpreting the 1994 PUD Guide as permitting an Alpine Slide as a use by right in the Open Space Recreation area is upheld, and THAT the Board hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the citizens of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 19th day of December, 2006. ATTEST: COUNTY OF EAGLE, ST ATE OF tf~iod"'ci,+.,.~ COLORADO, by and through its >Y:~::;'\-"j.~'o~OARD OF COUNTY COMMI SIONERS s: ~~1 :t~J ~ U C-/-"'/ . ~ 0 Y' ~~~ if ",.') ,,', . ~ By: ~~) Teak J. Simonton Clerk to the Board of County Commissioners By: Commissioner il/e:?t>L0~l: seconded adoption of the foregoing resolution. The roll I having been called, the vote was as follows: Commissioner Runyon Commissioner Stone Commissioner Menconi C,F ~ This Resolution passed by the County of Eagle, State of Colorado. -:j /D vote of the Board of County Commissioners of