HomeMy WebLinkAboutR03-100 Special Use Permit for Hidden Treasures Adventures File No. ZS-00107• ~ s~
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Commissionen~?~ moved adoption
oft a following Resolution:
RESOLUTION
of the
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION N0.2003 - /D~
APPROVAL
OF THE SPECIAL USE PERMIT
for Hidden Treasures Adventures
FILE NO. ZS-00107
WHEREAS, on or about March 12, 2003 Hidden Treasures Adventures, ("Applicant")
did file an application with the Eagle County Department of Community Development for a
Special L7se Permit for a Resort Recreational Facility, located in the Resource Zone District in
the unincorporated area of Eagle County described as follows:
Lands consisting of four mixring claims on New York Mountain, northeast of the Fulford
Historic District, more specifically, Section 24, Township 6 South, Range 82'/Z West, 6`"
P.M., County of Eagle, State of Colorado, southeast of the Town of Eagle, accessed via
Forest Service Roads.
See attached Exhibit A
WHEREAS, the Special Use Permit request was considered at a public meeting by the
Eagle County Planning Commission July 2"d, 2003, and by the Eagle County Board of County
Commissioners on July 29~', 2003; and;
WHEREAS, Hidden Treasures Adventures was formally operating under Special Use
Permit ZS-374-95; and,
WHEREAS, the applicant is applying for a new Special Use Permit for the addition of a
second, 8-person yurt (an 8-person yurt currently exists, approved under the previous Special Use
Permit), for a total of two (2) dwelling units, or 16 beds, with the ability to replace one of the two
yurts with a permanent structure (a 480 square foot cabin), sometime in the future; and,
WHEREAS, Pursuant to Section 3-310.V of the Eagle County Land Use Regulations, a
Recreational Resort Facility may have up to 12 dwelling units, or 48 beds in the Resource zone
district, however, this permit is limited to two (2) dwelling units, or 16 beds, as previously stated;
and, ,
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Commissioner i~ ~ . :moved adoption
of the llowing Resolution:
RESOLUTION
of the
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION N0.2003 - ~C'~~
APPROVAL
OF THE SPECIAL USE PERMIT
for Hidden Treasures Adventures
FILE NO. ZS-00107
WHEREAS, on or about March 12, 2003 Hidden Treasures Adventures, ("Applicant")
did file an application with the Eagle County Department of Community Development for a
Special Use Permit for a Resort Recreational Facility, located in the Resource Zone District in
the unincorporated area of Eagle County described as follows:
Lands consisting of four mining claims on New York Mountain, northeast of the Fulford
Historic District, more specifically, Section 24, Township 6 South, Range 82%2 West, 6th
P.M., County of Eagle, State of Colorado, southeast of the Town of Eagle, accessed via
Forest Service Roads.
See attached Exhibit A
WHEREAS, the Special Use Permit request was considered at a public meeting by the
Eagle County Planning Commission July 2"d, 2003, and by the Eagle County Board of County
Commissioners on July 29th, 2003; and;
WHEREAS, Hidden Treasures Adventures was formally operating under Special Use
Permit ZS-374-95; and,
WHEREAS, the applicant is applying for a new Special Use Permit for the addition of a
second, 8-person yurt (an 8-person yurt currently exists, approved under the previous Special Use
Permit), for a total of two (2) dwelling units, or 16 beds, with the ability to replace one of the two
yurts with a permanent structure (a 480 square foot cabin), sometime in the future; and,
WHEREAS, Pursuant to Section 3-310.V of the Eagle County Land Use Regulations, a
Recreational Resort Facility may have up to 12 dwelling units, or 48 beds in the Resource zone
district, however, this permit is limited to two (2) dwelling units, or 16 beds, as previously stated;
and,
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WHEREAS, the Applicants are also requesting vehiculaz access to the facility in the
summertime, for the purpose of unloading gear (the past condition of approval limited vehiculaz
access to the facility for maintenance purposes only); parking will remain in the current location,
outside of the Thomas' property, near the New York Mountain trailhead; and,
WHEREAS, an annual operating report is required (see condition 10), and is attached_ to
this resolution as Exhibit B; and,
WHEREAS, based on the evidence, testimony, exhibits, and study of the Master Plan for
the unincorporated azeas 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 Boazd of County
Commissioners of the County of Eagle, State of Colorado ("the Boazd"), 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 Master 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-azea 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 standazds applicable to the particulaz 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 Minimizes Environmental Impact. The
proposed Special Use CAN fully minimize environmental impacts, and
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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.
[6] Section 5-250.B.6 Impact 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, pazks, schools,
police and fire protection, and emergency medical services.
[7] Section 5-250.B.7 Site Development Standards. The proposed Special
Use, as conditioned, DOES fully comply with all the appropriate sandazds
in Article 4, Site Development Standazds.
[8] Section 5-250.B.8 Other PYOVZSIOns. The proposed Special Use DOES
comply with all sandazds imposed on it by all other applicable provisions
of these Land Use Regulations for use, layout, and general development
characteristics.
NOW, THEREFORE, BE IT RESOLVED by the Boazd of County Commissioners of
the County of Eagle, State of Colorado:
THAT the application of Hidden Treasures Adventures, ("Applicant") did file an
application with the Eagle County Department of Community Development for a Special Use
Permit for a Resort Recreational Facility, located in the Resource Zone District in the
unincorporated azea 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:
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. This Special Use Permit is to allow for a Recreational Resort Facility comprised of
two (2) 8-person yurts, with the ability to construct a cabin (for up to 8 persons,
subject to Limited Review Approval), which will replace one (1) of the yurts, at a
future time. Removal of the yurt will occur by no later than the Temporary Certificate
of Occupancy of the cabin.
3. A Building Permit must be obtained for any future expansion(s) of the facility,
including the additional yurt and future cabin. All structures must be placed according
to submitted site plans for the duration of the structure.
4. Temporary pazlcing for loading and unloading must occur in a designated azea,
designed to minimize soil erosion. A sign must be posted that pazlcing is for loading
and unloading of guests and belongings of the Hidden Treasures Adventures Yurts
only. Overnight/day pazlcing shall remain offsite.
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5. No domesticated animals shall be permitted on this property..
6. Any outside storage of trash or garbage shall be placed in wildlife proof containers
pursuant to Section 4-410 Wildlife Protection. There shall be no dumps or
underground disposal of refuse on the site.
7. The feeding, baiting, salting or other means of attracting wildlife to the property is
prohibited. '
8. All disturbed areas shall be reseeded or replanted with certified weed-free seed of
native plant species originally present in the sub-alpine environment. Neither
ornamental nor non-native species of plants shall be permitted on the site.
9. The applicants shall continue to submit annual reports to the Community
Development Department (see attached).
10. An annual inspection will be conducted by Eagle County Staff to assure compliance
with all conditions, and to evaluate the impacts of this development, pursuant to the
criteria found in both Section 4-460.E.2. Environmental Conditions, Section 4-430
Development in Areas Subject to Wildfire Hazard. Fire extinguishers will also be
inspected to ensure compliance with current fire codes.
11. Pursuant to a memo from the Environmental Health Department dated June 13, 2003,
the existing vault privy system must be maintained to ensure protection of openings
against entrance of insects and rodents. Any modification or expansion of this system
will require a new Individual Sewage Disposal System permit.
12. Greater Eagle Fire Department shall receive and approve a copy of the Building
Permit plans for construction of the cabin, prior to Building Department approval.
13. Fire extinguishers shall be provided onsite, in accordance with the local fire authority
having jurisdiction.
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 finds, determines and declares that this Resolution is necessary
for the health, safety and welfare of the citizens of Eagle County..
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MOVED, READ AND ADOPTED by the Board of County C~o~ ssioner of the
County of Eagle, State of Colorado, at its regular meeting held the _~1'L,~/' day of~
2003, nunc pro tunc to the 29~' day of July, 2003.
o~ ~oe~ o
v
y TY OF EAGLE, STATE OF COLORADO, By and
* gh Its BOARD OF COUNTY COMMISSIONS
ATTEST ~ o0
BY• L ~' ~ ~' ~ BY: "
Teak J. Simonton ichael L. Ga lagh Chairman
Clerk to the Board of
County Commissioners BY:
ne, Commissioner
BY:
Commissioner
Commissione seconded adoption of the foregoing resolution. The roll having
been called, the vote was as follows:
Commissioner Michael L. Gallagher ~
Commissioner Tom C. Stone _
Commissioner Arn M. Menconi
This Resolution passed by /~/~1i1~~~y,~2,~ vote of the Board of County Commissioner of the
County of Eagle, State of Colorado.
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