HomeMy WebLinkAboutR10-061 10th Mountain Division Hut Assoc. Special Use Permitr
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tti• the i'ollt-~~ing ltcsatution: t
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of the
t"fJ>1.11'~'T~' C)F Cr1CLE,'.a'T~11'F ()F (:'(}T10ItA[)C?
()1~ TI-II; SPECTAI. C<ST~: PFR:~fIT
far the 1()`r' i~~auntain 1)ivisit-n Hut 1saciatan
FILE i~C?. ZS-253
1'~ll<f;I~tI~:,~S, on or about l~eccrttlac;r• 15"` ?C)()~, iC7`r" :Mountain llivisiu-~ 1-Iut Asscu;iation,
{.herein after ";~f:~}?lit:an,`) dici fits ~tn ala~alicatiota with Che Eagle ~tattnty Delaarttnent caf.
Community Dc~!tlalament fcr' i Sf,t,. i4tl Use :Permit f't>r a Restart Rccr•c4ttian Facility, ltacated can
tfae historic location caf tht; f~c-wfcr Eliiiiitrd baclccattntry but in tlae ttninccat~ataratcd area oi' Jade
Cc-unt}~ descrifaed ets fcallaws;
,~ lrar~cl ca!• land awned by tJt~ited St<~~:~s of ~lmet°ic;a; Secti<an 25, "t'a~~°nshila G Sc-uth,
Ran~~~c ~C) '4rWe5t, 6`~ P.M., C'taut~tyr caf` f.a~.~l~, St4tte t-r1' Czaltaracla; t*nitetl ;~tate~ l~carest.
~Ser•vice IZcaad 7C3? Ott Resolution ~auntain.
~~`III~:ItT~.=1~, the ala~lircint rlc~ir~s tht; rt;-canstructit}n oi'a 17C)0 square i•ac3t Resc-rt
Rc~•r~.rtiarr~~l 1~~i~ ility in the i•at•na c,l .: bGrclccottntry hut. othet-~visc known as the Fowler Hilliard
llut.
~v}iI;li2F~~~, the Slacui:,[ t'~c i-'rrmit request wars cttinsiclere:d at a laublit: cetn~ by the
l~a~(c Cou~rty Plannin~~ Cc?rnmi~~i~,n ~J<<r~~h :•i'`', ?C)1Cl anti. by the [~a4~le Ctauntl~ 13caar•d oi'Caunty
Coisstaner~s ern ;ti,rr~~ tt I (,"', ?{)its; ~rn~l;
1~fIE~;I2I~:;1~;. k~a~eri on the: evidenctr, testimony, exiaikaits, rand study of the ~'la~tcr• Plan for
the; tr-tir~ctarx~car:rtctl .,,~;,~ of Gait; Ctaur~ty, comments t>f'tfae Ea~lc Ctaunty Delaui-tta~~ nt t>f
C'antrrrunty f,?e:v~~it}l~m~nt, comments trl' pulalic offt:ittis anal ~t~er•rt;ies, the rcccanrn~~rrrt,rtitan of the
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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] 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-area 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 standards applicable to the particular use, as identified in Section
3-310, Review Standards Applicable to Particular Residential,
Agricultural and Resource Uses.
[4] Section 5-250.B.4 DesiQri 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
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, parks, 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 standards
in Article 4, Site Development Standards.
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[8] Section 5-250.B.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
characteristics.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
the County of Eagle, State of Colorado:
THAT the, Special Use Permit for a Resort Recreation Facility, located on the historic
location of the Fowler Hilliard backcountry but in the unincorporated area 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:
CONDITIONS:
1. Except as otherwise modified by this development 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. All wood burning stoves used for heating the premises must meet the definition of a "new
technology device" under Article II of the Eagle County Land Use Regulations; i.e. it
must meet or exceed the standards for wood stove certification, be certified by the
Environmental Protection Agency as a Phase II appliance or be on the Colorado list of
approved devices.
3. This Special Use Permit shall be valid for a period of not more than three (3) years prior
to actual implementation of the permitted use. Upon implementation of the approved use,
such permit shall remain valid, in perpetuity, and shall run with the land thereafter unless
an expiration date or exception has been placed upon the permit by the Board of County
Commissioners.
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.
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the 8`" day of June, 2010.
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COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
ATTEST: o~ ~~~
`~
BY: y ~
~monto ~<ORA~O
Clerk to the Board of
County Commissioners
~ ~.
BY:
Sara J. Fisher
B Y:
Jah S
B J
Peter F. Runyon
Commissioner
Commissioner ~~~ t- seconded adoption of the foregoing resolution. The roll having
been called, the vote was as follows:
Commissioner Sara J, Fisher
Commissioner Jon Stavney W-~,. "
Commissioner Peter F. Runyon ifs-+.. y
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This Resolution passed by vote of the Board of County Commissioner of the
County of Eagle, State of Colorado.
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