Loading...
HomeMy WebLinkAboutR08-100 Salt Creek Equestrian Facility Special Use Permit • EAGLE COUNTY, CO 200819415 TEAK J SIMONTON Ilk 4 . f , Pgs= 7 =56AM 09/09/2008 RECI $0.00 DOC: II 11 11111 11 1 11 II Commissioner 0 -- - 'C- 13 '— • t moved adoption of the following Resolution: RESOLUTION of the ( COUNTY OF EAGLE, STATE OF COLORADO • - / -0--L 4 RESOLUTION NO. 2008 - 100 APPROVAL OF THE SPECIAL USE PERMIT FOR THE SALT CREEK EQUESTRIAN FACILITY FILE NO. ZS -00156 WHEREAS, on or about March 7, 2007 the County of Eagle, State of Colorado, accepted for filing an application submitted by Kummer Development (hereinafter "Applicant ") for a Special Use Permit to allow an equestrian facility, located within the Adams Rib Frost and Salt Creek PUD; Resolution NO.2005 -016, in the unincorporated area of Eagle County as shown in Exhibit A. WHEREAS, the applicant proposes to locate a equestrian facility in the Brush Creek Valley area, as an amenity of Adam's Rib Ranch; part of the Frost Creek/Salt Creek PUD, as shown in Exhibit B; and WHEREAS, the Applicant requested the approval of a Special Use Permit, which would allow for the development as follows: • Indoor arena and associated stables, including accommodations for up to four (4) employees • Outdoor arena • One Manager residence • One single family residence (square feet of structure limited to 7000) and limited to a maximum of nine (9) acres — no accessory dwelling unit allowed WHEREAS, per the Eagle County Land Use Regulations, the Resource Zone District permits certain uses in a zone district, that are determined compatible with uses by right allowed in the zone district based upon individual Special Use Permit review of their location, design, configuration, density and intensity of use; and WHEREAS, a Special Use Permit is dependent upon findings that there is competent evidence that the proposed use as conditioned, fully complies with all the standards of Section 5- 250.B.; and WHEREAS, the Special Use Permit request was considered at a public meeting by the Eagle County Planning Commission on July 18, 2007 and was unanimously recommended to deny; and WHEREAS, after public notice was given pursuant to law, the Special Use Permit request was considered at a public meetings by the Eagle County Board of County Commissioners on July 31, August 4, October 30 and December 18, 2007; and January 8, February 12 and March 11, 2008; and WHEREAS, the Special Use Permit to allow for an Equestrian Facility was approved by the Board of County Commissioners, with Conditions, on March 1 1, 2008; and WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive 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) Consistent with Comprehensive 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 Comprehensive Plan and FLUM, including standards for building and structural intensities and densities, and intensities of use. (2) Compatibility. The proposed Special Use is appropriate for its proposed location and IS compatible with the character of surrounding land uses. (3) Zone District Standards. The proposed Special Use does comply with the standards of the Resource zone district in which it is located and the standards applicable to the particular use, as identified in Section 3-300, Boarding and Riding Stable. (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; furthermore, the proposed Special Use CAN avoid significant adverse impact on surrounding lands regarding trash, service delivery, parking and loading, odors, glare, and vibration, it can avoid adverse impact on surrounding lands regarding noise and traffic, and will not create a nuisance. (5) Design Minimizes Environmental Impact. The proposed Special Use will fully minimize environmental impacts, and will not cause significant deterioration of water and air resources, wildlife habitat, scenic, and other natural resources. (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, parks, schools, police and fire protection, and emergency medical services. (7) Site Development Standards. It is anticipated that the proposed Special Use will fully comply with all applicable standards in Article 4, Site Development Standards upon receiving outstanding subdivision and access approvals. The site is within the Frost Creek/Salt Creek PUD and will be developed in accordance with the site plan and Final Plat. (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 chazacteristics. 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 for the Adam's Rib Salt Creek Equestrian Faciltiy, and the attached Exhibits A and B, 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: 1. Except as otherwise specifically modified by either these conditions or the provisions of the special use permit (the "permit"), all material representations made by the applicant in its application for the Special Use Permit or in public meeting shall be adhered to and considered conditions of approval of the permit. 2. The applicant and its successors in interest, including any homeowners association or other, similaz entity assuming ownership of and/or authority over and responsibility for maintenance and operation the equestrian center and associated land that is the subject of the permit application (hereinafter "applicant"), shall comply with Adam's Rib Frost Creek and Salt Creek PUD Wildlife Mitigation and Enhancement Plan (the "plan") and the following conditions: A. Fences constructed on the property should not exceed 42 inches in height with a 16 inch space between the ground and the first wire or board and a space of 12 inches between the top two wires or boards to insure the unrestricted movement of wildlife across and through the property; the exceptions would be fencing for the specific purpose of excluding wildlife from stored agricultural forage and privacy fencing directly adjacent to and limited to an area of 5000 sq. ft. next to the single family residence; B. All structures, arenas, boazding stalls and saddling azea need to be located at the recommended Eagle County riparian setbacks of 75 feet; riparian designated wetland azea should be fenced and protected from livestock uses; C. Development near a wetland or riparian site should establish a buffer zone to ensure that construction and development impacts do not degrade the site; during all construction activities silt fencing should be placed to guarantee no disturbance occurs; D. A minimum of 75 feet setback from high water mark of any stream plus any additional riparian habitat should be maintained; E. Spanning structures should be constructed for any crossing structures planned for wetlands, riparian or waterway; F. If development is unavoidable in wetlands or riparian areas construction should be restricted the time period of August 1 to September 30 except for the initial construction of Adam's rib ranch road across brush creek, which construction may begin after May 1 and extend beyond September 30 so long as once the construction has begun, it is diligently pursued to completion; such construction must be completed in one summer construction season; G. Vegetation of the proposed site should be maintained at present levels within the NRCS guideline; H. Outside storage of trash should only be allowed when in bear-proof receptacles or structures; I. Compost piles should be prohibited unless stored in a beaz-proof receptacle; J. There should be no dumps or disposal of refuse within the development unless at a centralized bear-proof trash compactor or bear-proof trash storage facility K. Pet food should not be left outside since it can be an attractant to black bears; L. Winter range closures should be closed to human activity from December 1 until April 30; M. Riparian and wetland areas should be closed to human activity from March 1 to July 1 for the breeding, nesting and rearing of the wildlife species associated with this habitat except for the opening of headgates for irrigation ditches and the operation of such irrigation ditches that may be in such areas. 3. A pasture and manure management plan will be adopted and implemented prior to building permit, that is consistent with general accepted practices in Eagle County; including but not limited to removal of manure from the site a minimum of twice a month. 4. For riparian protection, pasture areas will be separated from riparian and wetland areas by fences. An annual grazing rotation program will be implemented, in accordance with the pasture and manure management plan. 5. All six points raised in the October 3, 2007 letter from the Greater Eagle Fire Protection District shall be implemented prior to issuance of either a grading permit or a building permit as appropriate. 6. No development or structures will be permitted on the Salt Creek parcel except as specifically allowed by the Special Use Permit. 7. If the EQR's for the Salt Creek parcel exceed those provided under the water service agreement with the Town of Eagle ("Salt Creek EQR's"), the applicant must obtain an amendment to the water agreement. 8. A pedestrian and equestrian easement across land owned by Charles Ridgeway, in form and substance satisfactory to Charles Ridgeway and the Eagle County Attorney, connecting the old Salt Creek Road and the pedestrian and equestrian trail, shall be executed and recorded before issuance by the county of a building permit for the Equestrian Facility or any ancillary structures or the single-family residence. 9. The single family parcel shall not be allowed an accessory dwelling unit. 10. A conservation easement between the applicant as grantor and the Eagle Valley Land Trust and Eagle County as co-grantees in form and substance satisfactory to counsel for all parties thereto shall be executed and recorded on or before issuance by the county of a building permit for the equestrian buildings, and this condition shall be noted on the final plat. 11. The final alignment of the proposed Adam's Rib ranch road intersection with brush creek road shall be established to avoid, so far as practicable, having headlights affect the houses of property owners in the immediate vicinity of such intersection and the exact location shall be recorded on final plat. 12. The maximum size of the residence on the single family parcel shall be 7000 sf. 13. The single family parcel shall be a maximum of nine (9) acres. 1-t. Eight stalls in the equestrian facility, all of the same dimensions and construction as the majority of other stalls in the facility, shall be reserved for rental and use by members of the public not resident in any subdivision developed by the applicant or any entity at~iliated with the applicant. Terms for rental and use of such stalls shall be substantially the same as those for stalls other than those for such public rental and use. The applicant shall be entitled to promulgate reasonable rules for providing the public opportunity to rent such stalls that protect the applicant against having to leave such stalls unoccupied for longer than thirty (30) days, provided that any such stalls not rented to the public shall be made available for such public rentals not less frequently than annually. 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. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regulaz meeting held the _~_day of , 2008; Hunt pro font to the 24th day of June, 2008. ATTEST: BY: ~7 ~f COUNTY OF EAGLE, STATE OF COLORADO, By and Its BOARD OF COUNTY COMM IONERS c~ -~ , ~ j,, d0 Peter F. Runyon, Chai Clerk to the Board of -~at- C ~unty Commissioners . ~--- ~ vK.Vv7 ~ BY: S a J. 'her, Commissioner BY: enconi, Commissioner Commissioner ~~--t `l o~-- seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Peter F. Runyon (~H '~ Commissioner Sara J. Fisher i t , , l Commissioner Arn M. Menconi , H This Resolution passed by County of Eagle, State of Colorado. vote of the Board of County Commissioner of the Eby k Mesa ~~~. ~,~• ~^, ~t ~ ~ ~~' ,.•,'~"f :L~ ~ip'y ,. ,.,~ :~; Jai -~t i ~~'1. 4 ~~ .. ._ '~j~: - t ~ '" ~~. ~ w ~`'. x ~, ~~ ._ { ~ ~Y. v /~ ~ ~-{ l 1~ fir. , l 1 t -f~'~ ~'~ ~; / •~ ~ ~ f :~ •~~ Sa/t Creek Special tlse Permit fate: Juiy B, 20D7 Use ofthis map should be fargeneral and inbrmational purposes only. Eagle County does not wanaM the accuracyofthe data can~ined herein. x f EXISTING EDGE OF STREAM \\ � TRACT 66 BRUSH CREEK ROAD BRUSH CREEK ROAD ( c // 1 N ��' W -W E 5 v nT a00 SCALE: 1" =200' BRUSH CREEK ROAD _ FROST DITCH 1 1 J II OLD SALT CREEK ROAD EAGLE COUNTY PUBLIC R.O.W. TRACT B OPEN SPACE 28 &456 a"" SECTION 13 TRACT 76 TRQUIEM PMXNG SECTION 24 OLD S ALT GUECO NTY EAGLE COUNTY ,// PUBLIC. R.O.W. TRACT B CONSERVATION EASEMENT EXISTING 2B &456 apes RIPARIAN TRACT 77 i ) EXISTING EDGE OF STREAM