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