HomeMy WebLinkAboutR17-065 1041 Permit - Tree Farm PUD Commissioner C4-41.t Urtia- - N-C./V►_•-• moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
SITTING AS THE EAGLE COUNTY PERMIT AUTHORITY
RESOLUTION NO. 2017- 11.05
APPROVAL OF A 1041 PERMIT TO CONSTRUCT MAJOR EXTENSIONS OF
EXISTING DOMESTIC WATER AND SEWAGE TREATMENT SYSTEMS AND FOR
THE EFFICIENT UTILIZATION OF A MUNICIPAL WATER PROJECT IN ORDER
TO SERVE THE TREE FARM PLANNUE$) UNIT DEVELOPMENT
LOCATED IN EL JEBEL, COLORADO
File Number 1041-5354
WHEREAS, on or about February 18, 2015, the Mid-Valley Metropolitan District
("MVMD" or the "Applicant") submitted to Eagle County its application for a 1041 Permit to
allow extensions of the MVMD's domestic water and wastewater treatment systems to serve the
proposed Tree Farm Planned Unit Development (the "Tree Farm PUD" or the"Project"), up to a
maximum of 440 Equivalent Residential Units (EQRs); and,
WHEREAS, the Tree Farm PUD consists of 340 residential dwelling units utilizing up to
379,635 square feet, and up to 134,558 square feet of floor area for commercial and light
industrial uses, including retail, restaurant, service, office, civic and recreational uses, on a
42.91-acre site located at 401 Tree Farm Drive in unincorporated Eagle County(the "Property");
and,
WHEREAS,the Tree Farm PUD is located within the MVMD's approved Service Plan
Area; and,
WHEREAS, in 2001, the Board of County Commissioners (the "Board") sitting as the
Eagle County Permit Authority(the "Permit Authority") approved a 1041 Permit to allow
expansion of the MVMD's wastewater treatment plant and to include certain property within the
MVMD Service Plan Area boundary. Among the property included at that time was the subject
Property, known then as "Kodiak Park"; and,
WHEREAS, the 2001 1041 Permit allotted a total of 213 EQRs to serve the "Kodiak
Park"property. As such, the net difference between the previously allotted EQRs and the total
EQR count necessary to serve the proposed Tree Farm PUD is 227 additional EQRs (440-213 =
227); and,
Eagle County, CO 201719574
Regina O'Brien 10/11/2017
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WHEREAS,the Board concurrently reviewed and considered the Tree Farm PUD
Preliminary Plan File Number PDP-4986, including required standards of approval pursuant to
Section 5-240 of the Eagle County Land Use Regulations, as well as related regional impacts that
will be generated as a result of the development; and,
WHEREAS, the Board, acting as the Permit Authority, conducted public hearings on
April 24, 2017; June 1, 2017; and June 26, 2017 to consider the Application; and,
WHEREAS, the Board, acting as the Permit Authority, has considered all the evidence,
exhibits and arguments presented at and prior to the hearings; and makes the following findings
with regard to the 1041 Permit Application as it pertains to Chapter VI, Section 6.04.01, 6.04.02
and 6.04.03 of the Eagle County Land Use Regulations:
Pursuant to Eagle County Land Use Regulations, Section 6.04.01,Permit Application
Approval Criteria for Matters of State Interest, and as more specifically described in the
application materials:
(1) Documentation has been provided that prior to site disturbance for the Project, the
applicant will have obtained all necessary property rights, permits and approvals.
(2) The Project will not impair property rights held by others.
(3) The Project is consistent with relevant provisions of applicable land use and water
quality plans.
(4) The Applicant has the necessary expertise and financial capability to develop and
operate the Project consistent with all the requirements and conditions.
(5) The Project is technically and financially feasible.
(6) The Project is not subject to significant risk from natural hazards.
(7) The Project will not have a significant adverse effect on land use patterns.
(8) The Project will not have a significant adverse effect on the capability of local
governments affected by the Project to provide services, or exceed the capacity of
service delivery systems.
(9) The Project will not create an undue financial burden on existing or future residents
of the County.
(10) The Project will not significantly degrade any current or foreseeable future sector
of the local economy.
(11) The Project will not have a significant adverse effect on the quality or quantity of
recreational opportunities and experience.
(12) The planning, design and operation of the Project will shall reflect principals of
resource conservation, energy efficiency and recycling or reuse.
(13) The Project will not significantly degrade air quality.
(14) The Project will not significantly degrade existing visual quality.
(15) The Project will not significantly degrade surface water quality.
(16) The Project will not significantly degrade groundwater quality.
(17) The Project will not significantly degrade wetlands and riparian areas.
(18) The Project will not significantly degrade terrestrial or aquatic animal life or its
habitats.
(19) The Project will not significantly deteriorate terrestrial plant life or plant habitat.
(20) The Project will not significantly deteriorate soils and geologic conditions.
(21) The Project will not cause a nuisance.
(22) The Project will not significantly degrade areas of paleontological,historic, or
archaeological importance.
(23) The Project will not result in unreasonable risk of releases of hazardous materials.
(24) The benefits accruing to the County and its citizens from the Project outweigh the
losses of any natural, agricultural, recreational, grazing, commercial or industrial
resources within the County, or the losses of opportunities to develop such
resources.
Pursuant to Eagle County Land Use Regulations Section 6.04.02,Additional Criteria
Applicable to Municipal and Industrial Water Projects, and as more specifically described in
the application materials:
(1) The Project shall emphasize the most efficient use of water,including the recycling,
reuse and conservation of water.
(2) The Project will not result in excess capacity in existing water or wastewater
treatment services or create duplicate services.
(3) The Project shall be necessary to meet community development and population
demands in the areas to be served by the Project.
(4) Urban development,population densities and site layout and design of storm water
and sanitation systems shall be accomplished in a manner that will prevent the
pollution of aquifer recharge areas.
Pursuant to Eagle County Land Use Regulations Section 6.04.03,Additional Criteria
Applicable to Major New Domestic Water and Wastewater Treatment Systems and Major
Extensions of Existing Domestic Water and Wastewater Treatment Systems, and as more
specifically described in the application materials:
(1) The Project shall be reasonably necessary to meet projected community
development and population demands in the areas to be served by the Project, or to
. comply with regulatory or technological requirements.
(2) To the extent feasible,wastewater and water treatment facilities shall be
consolidated with existing facilities within the area.
(3) New domestic water and sewage treatment systems shall be constructed in areas
which will result in the proper utilization of existing treatment plants and the
orderly development of domestic water and sewage treatment systems of adjacent
communities.
(4) The Project shall be permitted in those areas in which the anticipated growth and
development that may occur as a result of such extension can be accommodated
within the financial and environmental capacity of the area to sustain such growth
and development.
Special Use Permit Waiver: In accordance with Chapter II, Article 3, Section 3.310.1.2,
Waiver Provision, of the Eagle County Land Use Regulations, the Special Review Use
Permit application for water and sewer projects may be waived in whole or in part by the
Board upon a written petition by the Applicant showing that:
3.310.I.2.a. A permit application pursuant to Chapter 6, Sections one through five of the
Eagle County Guidelines and Regulations for Matters of State Interest has
been submitted to the Permit Authority relative to this land use which would
be the subject of a special use permit application.
3.310.I.2.b. Compliance with the Special Use Review Permit requirements would be
unreasonably burdensome for the Applicant.
The Applicant has requested a waiver of the Special Use Review Permit requirements as such
application would serve no further legitimate planning, zoning or other land use objective.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO, SITTING
AS THE EAGLE COUNTY PERMIT AUTHORITY:
THAT,the Applicant's request for waiver of the Special Use Permit requirements in
accordance with Section 3-310.I.2 of the Eagle County Land Use regulations is hereby granted.
THAT,the Board, sitting as the Permit Authority, hereby directs the Department of
Community Development to provide a copy of this Resolution to the Applicant.
THAT,the permit for Major Extension of Existing Water and Sewage treatment Systems
and for Efficient Utilization of a Municipal Water Project be and is hereby APPROVED, subject
to the following conditions of approval:
1. That except as otherwise modified by the Permit, all material representations of
the Applicant in this permit application, correspondence, and public meetings
shall be adhered to and considered conditions of approval, unless otherwise
amended by other conditions.
2. Storage of fuel on the Property during construction and/or in support of any of the
proposed allowed uses shall be provided proper secondary containment in
accordance with a Spill Prevention Control and Countermeasures Plan prepared to
the satisfaction of the Eagle County Director of Environmental Health.
3. Prior to finalizing and recording The Tree Farm PUD Guide, all comments set
forth in the attached Engineering Department Memorandum dated May 11, 2015
shall be integrated into The Tree Farm PUD Guide.
4. Prior to initiating any site improvement for the Project, the Applicant shall
address the comment set forth in the attached referral response from the Colorado
Division of Water Resources, dated August 20, 2015, as follows: "Note that use
of the irrigation water rights must not result in an expansion of use and approval
of a change of water right application by the water court may be necessary if the
place or type of use is changed".
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 this 26th day of September, 2017,
nunc pro tunc to the 26th day of June, 2017.
COUNTY OF EAGLE, STATE OF COLORADO, By and
Through Its BOARD OF COUNTY COMMISSIONERS
�0GLE ca COUNTY OF EAGLE, STATE OF
o °.- COLORADO, by and Through Its
ATTEST: � 5• BOARD OF COUNTY COMMISS ON RS
QswRt, , dr/
. °LTA, By:
Regina O'Brien J M an H. Ryan
Clerk to the Board of /hairman
County Commissioners
anne McQueeney
ommissioner
a�&Lir ' "►r .
Kathy i andler-Henry ,
Commissioner
Commissioner MC Q tr 11444 ec onded adoption of the foregoing resolution. The roll having
been called, the vote was as follows:
Commissioner Jillian H. Ryan
Commissioner Jeanne McQueeney 4
Commissioner Kathy Chandler-Henry WAsh
This Resolution passed by _3/0 vote of the Board of County Commissioners of the County
of Eagle, State of Colorado.
