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HomeMy WebLinkAboutR02-004 special use permit for The Learning CampC. C-:1 41"c-, Commissioner moved adoption of the Allowing Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 0&- APPROVAL OF SPECIAL USE PERMIT The Learning Camp FILE NO. ZS -00085 WHEREAS, Ann Cathcart ( "Applicant "), did file an application with the Eagle County Department of Community Development on or about July 16`'', 2001 for a Special Use Permit for the location of an indoor /outdoor learning facility, within the Agricultural Residential Zone District of an unincorporated area of Eagle County described as follows: Lots 1, 2 and 3, Ute Springs Ranch, according to the plat recorded December 19,1997 in Book 746 at Page 798, County of Eagle, State of Colorado. and; WHEREAS, Ann Cathcart proposes to build, on the parcel described above, one lodge structure containing an infirmary, classroom space, shower /restroom facilities, a dining hall, and three employee bedrooms, and six yurts for the students. WHEREAS, based on the evidence, testimony, e::hibits, 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 F nd agencies, the recommendation of the Planning Commission, and comments from all interested 3arties, the Board of County Commissioners of the County of Eagle, State of Colorado ( "the Board "), finds as follows: That proper publication and public notice twas provided as required by law for the hearings before the Planning Commission and the Board. Page 1 of 4 Sara NIIN, NI�III�IIINIUI1111111ulllNIIIIN�hll adoa', ,,, : C" 2. That the proposed Special Use, as conditioned, conforms to the requirements of Section 5- 250(B) of the Eagle County Land Use Regulations, as follows: a. The proposed Special Uses ARE appropriate for their proposed location and are consistent with the purposes, goals, objectives and policies of the Master Plan and the FLUM of the Master Plan, including standards for building and structural intensities and densities, and intensities of use. b. The proposed Special Use IS appropriate for its proposed location and IS compatible with the character of surrounding land uses. The proposed Special Use DOES comply with the standards of the zone district in which it is locate"" (Commercial General / Commercial Limited) and any standards applicable to the particular use, as identified in Section 3 -330, Review Standards Applicable to Particular Commercial and Industrial Uses (drive- through facility). d. The design of the proposed Special Use DOES minimize adverse impacts, including visual impacts of the proposed use on adjacent lands; furthermore, the proposed Special Use DOES avoid significant adverse impacts on surrounding lands regarding trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration, and DOES NOT create a nuisance. e. The proposed Special Use DOES minimize environmental impacts and DOES NOT cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. f. The proposed Special Use IS adequately served by public facilities and services, including roads, pedestrian paths, potable water and wastewater facilities, parks, schools, police and fire protection, and emergency medical services. g. The proposed Special Use DOES comply with the appropriate standards in Article 4, Site Development St ° mdards . h. 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 , .haracteristics. 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. Page 2 of 4 C"", . 0 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, tine application of Ann Cathcart, File No. ZS- 00085, for a Special Use Permit for the location of an educational facility in the Agricultural Residential Zone District described herein, be approved, subject to the condition as set forth herein. THAT, the following condition shall be placed upon this approval and that violation of any condition shall be the basis for revocation of the Special Use Permit: Applicant agrees to all the provisions of the Division of Wildlife response letter dated August 29, 2001, with the exception of condition #1, which shall now read: The only dogs allowed on site are to be those owned personally by the property owner, but in no case shall exceed 2 dogs, and condition #8, which shall now read: Applicant agrees to comply with the rules and regulations of the BLM in regards to the use of public property. 2. Upon activation of this Special Use Permit, the current Special Use Permit for the Learning Camp, Inc. located at 19877 Highway 131 shall expire. 3. Prior to commencement of the Learning Camp's operation, a Well Permit or Water Augmentation Plan approved by the Colorado Division of Water Resources shall be obtained oy the applicant which reassigns the use from purely residential to one that specifically applies to the proposed use. 4. The corn ,cents of the Gypsum Fire Protection District outlined in their letter dated August 27, 2001, shall be adhered to by the applicant. 5. Except as otherwise modified by this permit, all material representations of the Applicant in this application and all public meetings shall be adhered to and considered conditions of apprw THAT, ,his 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. Page 3 of 4 C 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. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held thriay o2002 pro tunc to the 30' day of October, 2001. County of Eagle, State of Colorado By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: I-, Sara J. FishEr Clerk to the Board of County Commissioners an Tom C. Stone, Chairman LIN 1 1 /Mirrch--ael L. Gallagher, Commissions ed adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Tom C. Stone .— Commissioner Michael L. Gallagher Commissioner Am M. Menconi This Resolution passed by a vi.te of the Board of County Commissioners of the County of Eagle, State of Colorado. Page 4 of 4 Am M. Menconi, Commissioner