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HomeMy WebLinkAboutR22-007 Edwards RiverPark 1041 Approvala Eagle County, CO 202200948 DocuSign Envelope ID:8464E053-9AC6-4ABE-9DDC-CC7092052B95 Regina O'Brien 01/19/2022 Pgs: 8 01:18:09 PM REC: $0.00 DOC: $0.00 Commissioner Chandler Henry 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. 2022- 007 APPROVAL OF A 1041 PERMIT TO CONSTRUCT MAJOR EXTENSIONS OF EXISTING MUNICIPAL DOMESTIC WATER AND WASTEWATER TREATMENT SYSTEMS AND FOR THE EFFICIENT UTILIZATION OF A MUNICIPAL WATER PROJECT IN ORDER TO SERVE THE EDWARDS RIVERPARK PLANNED UNIT DEVELOPMENT LOCATED IN EDWARDS, COLORADO File Number 1041-9030 WHEREAS, on or about July 1, 2019, Sierra Trail Investments, LLC ("Applicant") submitted to Eagle County an application for a 1041 Permit on behalf of the Upper Eagle Regional Water Authority ("Authority") and the Eagle River Water and Sanitation District ("District"), to allow extensions of the Authority's domestic water treatment system and District's wastewater treatment system to serve the proposed Edwards RiverPark Planned Unit Development (the "Edwards RiverPark PUD" or the"Project"); and WHEREAS, the Project includes up to 440 residential dwelling units, with up to 11,500 commercial square feet on the approximately 53.270-acre property located in Edwards,Colorado, and more particularly described at Exhibit A,attached hereto and incorporated herein by reference (the"Property"); and WHEREAS,the Project is located within the service area of the Authority and the District; and WHEREAS, the Board concurrently reviewed and considered the application for the Edwards RiverPark PUD Combined Sketch and Preliminary Plan for Planned Unit Development ("PUD") Eagle County File Number PDSP-9050, including required standards of approval pursuant to Section 5-240 of the Eagle County Land Use Regulations; and WHEREAS,the Board also concurrently reviewed and considered the Applicant's request for amendment to the official zone district map of Eagle County to rezone the Property from Resource and rural Residential to PUD(the"Zone Change"),Eagle County File Number ZC-9029, including required standards of approval pursuant to Section 5-230.D - Standards for Zone Change; and DocuSign Envelope ID:8464E053-9AC6-4ABE-9DDC-CC7092052B95 WHEREAS, the Board, acting as the Permit Authority, conducted public hearings on December 8, 2020; December 15, 2020; January 19, 2021; February 2, 2021; February 9, 2021; February 16,2021;February 23,2021;March 2,2021;March 9,2021;March 23,2021; September 7,2021; September 28,2021;October 7,2021; and October 26,2021,to consider the Application; and WHEREAS, the Board, acting as the Permit Authority, has considered all the evidence, exhibits and arguments presented at 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 and staff's reports dated December 8, 2020, February 10, 2021, and September 28, 2021: (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. 2 DocuSign Envelope ID:8464E053-9AC6-4ABE-9DDC-CC7092052B95 (12) The planning, design and operation of the Project will reflect principles 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 and staff's reports dated December 8, 2020, February 10, 2021, and September 28, 2021: (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. 3 DocuSign Envelope ID:8464E053-9AC6-4ABE-9DDC-CC7092052B95 (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 and staff's reports dated December 8, 2020, February 10, 2021, and September 28, 2021: (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.I.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 as 4 DocuSign Envelope ID:8464E053-9AC6-4ABE-9DDC-CC7092052B95 the Applicant has demonstrated it submitted a permit application pursuant to Chapter 6, Sections one through five of the Eagle County Guidelines and Regulations for Matters of State Interest to the relevant Permit Authority and the application was reviewed thoroughly in conjunction with that process. 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. 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 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 18th day of January, 2022,nunc pro tunc to the 26th day of October, 2021. �F EAG(F COUNTY OF EAGLE, STATE OF h�P� coG� COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: �DocuSigned/(bby: b(QRAO° /—DocuSigned by: 4 two —F9D6 § 6640. y. —C 12 AA47A. Regina'u Brien Jeanne"vicyueeney Clerk to the Board of County Commissioners, Chair County Commissioners —��-( A.1 DooccuSii-gned by: l./L`Av — %..-a a1 E 44w Kathy Chandler-Henry Commissioner �1 DocuSignned by: sauxr 8 Ei B�D7 i8E0473 Matt Scherr Commissioner Commissioner Scherr seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner McQueeney Aye Commissioner Chandler-Henry Aye Commissioner Scherr Aye This Resolution passed by 3/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 5 DocuSign Envelope ID:8464E053-9AC6-4ABE-9DDC-CC7092052B95 Exhibit A LEGAL DESCRIPTION: A Parcel of land located in Sections 5 and 6, Township 5 South, Range 82 West of the Sixth Principal Meridian, County of Eagle, State of Colorado with the Bearings shown hereon based on a bearing of S89°02'33' E between the Northwest Corner for said Section 5 and the North Quarter Corner for said Section 5,both being 3 1/4 Inch BLM brass caps, found In place, said parcel being more particularly described as follows; Beginning at a point on the boundary of a parcel of land described at Reception No. 686181 at the Eagle County Clerk and Recorder' s Office, Eagle, Colorado also being a point on the souther-ly right-of-way of the Union Pacific Railroad; Thence along said boundary and right-of- way the following seven(7) courses: 1) along a non-tangent curve to the left having a length of 336.66 feet, a radius of 5779.70 feet, a delta of 03°20'15" and a chord of 336.62 feet that bears N79 °07' 15"E; 2) S01°24'29"W, 51.79 feet; 3) along a non-tangent curve to the left having a length of 125.92 feet, a radius of 5829.70 feet, a delta of 1°14'15" and a chord of 125.91 feet that bears N77°00'12"E; 4) along a non-tangent curve to the left having a length of 227.41 feet, a radius of 2010.00 feet, a delta of 06°28'57" and a chord of 227.29 feet that bears N73°08'37"E; 5) N69°54'08"E, 517.90 feet; 6) along a curve to the right having a length of 239.09 feet, a radius of 537.30 feet, a delta of 25 °29'45" and a chord of 237.12 feet that bears N82°39'01"E; 7) along a non-tangent curve to the right having a length of 297.87 feet, a radius of 3025.40 feet, a delta of 5°38'28" and a chord of 297.75 feet that bears S81°46'50"E, to the northeastern corner of said parcel also being the northwesterly corner of a parcel of land described at Reception No. 661197 at said Clerk and Recorder's Office and a point on said right-of-way; Thence along said parcel and right-of-way the following four(4) courses: 1) along a tangent curve to the right having a length of 75.00 feet, a radius of 3025.40 feet, a delta of 1°25'13" and a chord of 75.00 feet that bears S78°14'59'E; 2) along a non-tangent curve to the right having a length of 228.80 feet, a radius of 473.70 feet, a delta of 27°40'26" and a chord of 226.58 feet that bears S63°42'09"E; 3) S49°51'56"E, 173.77 feet; 4) along a curve to the left having a length of 124.32 feet, a radius of 2964.93 feet, a delta of 2° 24'09" and a chord of 124.31 feet that bears S51°04'00"E, to the southeastern corner of said parcel and a point on the North boundary of a parcel of land described In Book 520 at Page 620 at said Clerk and Recorder's Office also being a point on said right-of-way; Thence continuing along said right-of-way and the boundary of said parcel the following two (2) courses: 1) along a tangent curve to the left having a length of 283.61 feet, a radius of 2964.93 feet, a delta of 05°28'50" and a chord of 283.50 feet that bears S55°00'30"E; 2) along a non-tangent curve to the left having a length of 455.05 feet, a radius of 5829.65 feet, a delta of 4°28'20" and a chord of 454.93 feet that bears S59°58'14"E,to the northeasterly corner of said parcel also being the northerly corner of Eaton Ranch as described on the Amended Final Plat recorded at said Clerk and Recorder's Office at Reception No. 927914; Thence along the common line between said Eaton Ranch and said parcel described in said Book 520 at Page 620 the following THREE (3) courses: 6 DocuSign Envelope ID:8464E053-9AC6-4ABE-9DDC-CC7092052B95 1) S17°24'07"W, 427.11 feet; 2) S18°59'07"W, 205.36 feet; 3) S12°08'19"W, 32.23 feet to the True Point of Beginning: Thence continuing along the common line between said Eaton Ranch and said parcel described in said Book 520 at Page 620 the following eight(8) courses: 1) S12°08'19"W, 6.90 feet; 2) S18°46'24"W, 88.58 feet; 3) S61°59'16"W, 193.66 feet; 4) S72°45'36"W, 204.29 feet; 5) S88°38'49"W, 89.79 feet; 6) S43°46'37"W, 427.68 feet; 7) S86°52'18"W, 207.92 feet; 8) S01°47'26"W, 344.91 feet to the northeast corner of the Edwards Nursery PUD as described on the Final Plat thereof, recorded at Reception No. 644681 at said Clerk and Recorder's Office; Thence along the boundary of said Edwards Nursery PUD the following two (2) courses: 1) N87°43'30"W, 134.38 feet; 2) SO4°07'28"W, 306.67 feet to a point on the North right-of-way of U.S. Highway 6; Thence along said right-of-way the following five (5) courses: 1) N76°42'26"W, 89.03 feet; 2) S59°36'01"W, 13.88 feet; 3) N76°43'12"W, 905.74 feet; 4) N59°42'43"W, 132.86 feet; 5) N75°14'49"W, 95.73 feet to the southeastern corner of a parcel of land described In Book 629 at Page 404 at said Clerk and Recorder's Office; Thence along the boundary of said parcel and said right-of-way N75°14'49"W, 84.15 feet to the southwestern corner of said parcel also being the southeastern corner of Brett Ranch PUD as recorded at Reception No. 657151 at said Clerk and Recorder's Office; Thence departing said right-of-way and along the line common to said Brett Ranch PUD and said parcel the following two (2) courses: 1) NO2°28'15"E, 397.55 feet; 2) N76°46'01"E, 78.92 feet to the northeastern corner of said parcel also being a point on the West line of said parcel described at said Book 520 at Page 620 and the easterly line of said Brett Ranch PUD; Thence along said common line between said parcel and said East line of Brett Ranch PUD NO 1° 38'56"E, 934.88 feet to approximate centerline of the Eagle River; Thence along said approximate centerline of the Eagle River the following eleven(11) courses: 1) S75°13'47"E, 297.75 feet; 2) S86°22'48"E, 176.53 feet; 3) N74°24'15"E, 235.27 feet; 4) S89°18'32"E, 75.47 feet; 5) S64°46'46"E, 96.61 feet; 6) S49°06'54"E, 167.54 feet; 7) S60°03'50"E, 153.80 feet; 8) S75°23'02"E, 152.74 feet; 9) S70°55'45"E, 293.24 feet; 10) S79°48'22"E, 264.80 feet; 7 DocuSign Envelope ID:8464E053-9AC6-4ABE-9DDC-CC7092052B95 11) N85°31'34"E, 334.86 feet Thence departing said approximate centerline of the Eagle River, S18°58'55"W, 39.19 feet; Thence N81°02' 14"E, 37.18 feet; Thence N87°22'53"E,46.42 feet; Thence S65°50'02"E, 31.19 feet; Thence S70°57'20"E, 71.84 feet to the True Point of Beginning. Said parcel containing 53.270 Acres, more or less. 8