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HomeMy WebLinkAboutR92-195 El Jebel Wastewater Collection System /~ ~ /I Q~~ Commissioner (itv~Z~ moved adoption of the following Resolution: 3~ ~~ ~- ~ BOARD OF COUNTY COMMISSIONERS ~, ~~~fi COUNTY OF EAGLE, STATE OF COLORADO ~' "` z ^_ ~ ~ ;, RESOLUTION NO. 92 - l ~ r` y ~ r, APPROVAL OF PERMIT TO CONSTRUCT EXTENSIONS to the ~ ~ ' t- ~ J- EL JEBEL WASTEWATER COLLECTION SYSTEM and the ; ;a ~' POTABLE WATER DISTRIBUTION SYSTEM r`a =^`= IN ACCORDANCE with SECTIONS 2.09, 6.04 and 6.05, ;: r. EAGLE COUNTY ADMINISTRATIVE REGULATIONS ~ rr~ ~. File Numbers 1041-019-92 T`' r- and ZS-323-92 _ ~~ r -.~ r,~ WHEREAS, Floyd Crawford (hereinafter "Applicant") submitted '_ , to the Eagle County Department of Community Development an z`` application to ex and and u q P pgrade his existin water and waste- ``~- ~ water treatment facilities located in the following unincor- `. r,: porated area of Eagle County: m ~ West of E1 Jebel Road and North of Highway 82, in the _ r NW 4, SE 4, Section 34, T. 7S, R. 87W of the 6th P.M. r ~- WHEREAS, in conjunction with said application, Applicant ,, G oT submitted an application for a Special Use Permit to expand the ~`- E1 Jebel Potable Water Distribution System within the Commercial Limited, Commercial General, Residential Suburban Medium, and `' Resource zones of the area described above; and WHEREAS, the Eagle County Planning Commission conducted a = public hearing on April 16, 1992, after publication and notice as _ ~ required by law, to consider Applicant's request to conduct the , "~~ following activities of state interest: 6.04: Mayor extension of existing water treatment system . Ma1or extension of existing sewage treatment svstem. ~~ - r, 6.05: Efficient utilization of municipal and J industrial water pro-iect In addition, the following was considered: 2.09 Special Use Permit for maior extension of existing water treatment svstem to Commercial Limited Commer cial General Residential Suburban Medium and Resour zones (hereinafter referred to as the "Applications"); and Commissioner ~.~~~ moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 92 - ~l7 APPROVAL OF PERMIT TO CONSTRUCT EXTENSIONS to the EL JEBEL WASTEWATER COLLECTION SYSTEM and the POTABLE WATER DISTRIBUTION SYSTEM IN ACCORDANCE with SECTIONS 2.09, 6.04 and 6.05, EAGLE COUNTY ADMINISTRATIVE REGULATIONS File Numbers 1041-019-92 and ZS-323-92 WHEREAS, Floyd Crawford (hereinafter "Applicant"), submitted to the Eagle County Department of Community Development an application to expand and upgrade his existing water and waste- water treatment facilities located in the following unincor- porated area of Eagle County: West of El Jebel Road and North of Highway 82, in the NW 4, SE4, Section 34, T. 7S, R. 87W of the 6th P.M. WHEREAS, in conjunction with said application, Applicant submitted an application for a Special Use Permit to expand the El Jebel Potable Water Distribution System within the Commercial Limited, Commercial General, Residential Suburban Medium, and Resource zones of the area described above; and WHEREAS, the Eagle County Planning Commission conducted a public hearing on April 16, 1992, after publication and notice as required by law, to consider Applicant's request to conduct the following activities of state interest: 6.04: Major extension of existing water treatment system. Mayor extension of existing sewage treatment system. 6.05: Efficient utilization of municipal and industrial water project. In addition, the following was considered: 2.09 Special Use Permit for major extension of existing water treatment system to Commercial Limited, Commer- cial General, Residential Suburban Medium, and Resource zones (hereinafter referred to as the "Applications"); and WHEREAS, the Board of County Commissioners ("the Board"), in its capacity as the Eagle County Permit Authority, conducted a public hearing on April 28, 1992, to consider the Applications; and WHEREAS, the Board, acting as the Permit Authority, has considered all the evidence, exhibits and arguments presented at and prior to the hearings. WHEREFORE, based on the evidence presented, the Permit Authority makes the following findings with regard to the Appli- cations as they pertain to Section 6.04 of the County Adminis- trative Regulations: 1. This is not a proposal for a "new domestic water and sewage treatment system": the development will utilize the existing E1 Jebel sewage treatment plant. 2. The proposed development does not conflict with the approved Eagle County Master Plan and the Mid Valley Community Master Plan, or with any Federal or State land use or water plans. Consolidation with the Mid Valley Metro District facilities is not a viable option at this time. 3. The proposed development will not adversely affect either surface or subsurface water rights of upstream or downstream users. 4. Adequate water supplies, as determined by the Colorado Department of Health, will be available for efficient operational needs. 5. The proposed development makes the most efficient use of existing water and sewage services, since consolida- tion with the Mid-Valley Metropolitan District's facil- ities is not a viable option at this time. 6. Area and community development and population trends demonstrate a need for additional water and sewer services, and the extensions proposed by the Applica- tion will contribute to the provision of such services. 7. Appropriate easements can be obtained for the expanded facilities. 8. The benefits of the proposed water and sewer system extensions outweigh any losses of natural resources or agricultural lands rendered unavailable as a result of the project. 2 9. The proposed development will not decrease the quality of peripheral downstream surface or subsurface water resources below that designated by Colorado Water Quality Control Commission as established on May 22, 1979, and effective July 10, 1979, or more stringent standards subsequently adopted, if non-point source water pollution control techniques are properly implemented. 10. The proposed development and its associated collector system will not violate Federal or State air quality standards. 11. With the conditions imposed below, the proposed devel- opment will not significantly deteriorate aquatic habitats, marshlands and wetlands, groundwater recharge areas, steeply sloping or unstable terrain, forest and woodlands, critical wildlife habitat, big game migrato- ry routes, calving grounds, migratory ponds, nesting areas and the habitats of rare and endangered species, public outdoor recreation areas, and unique areas of geologic, historic or archaeological importance if the construction is in accordance with the application submitted. 12. With the conditions imposed below, the proposed devel- opment will not significantly degrade existing natural scenic characteristics, create blight, nor cause other nuisance factors such as excessive noise or obnoxious odors, if the construction is in accordance with the application submitted. 13. The proposed development will not create an undue financial burden on existing or future residents within the development area and the source development area. 14. The development site of the proposed extension of the water supply and sewage treatment systems is not sub- ject to significant risk from earthquakes, floods, fires, snowslides, landslides, avalanches, rock slides or other disasters which could cause a system operation breakdown. 15. The proposed domestic water treatment and distribution system is capable of providing water meeting the re- quirements of the Colorado Department of Health. 16. The construction of structures, buildings, and improve- ments associated with the proposed development will not significantly impact existing or proposed communities within the development area and source development area. 3 AS THE APPLICATIONS pertain to Section 6.05 of the County Administrative Regulations, the Permit Authority finds as follows: 1. The need for the proposed expansion of the E1 Jebel water supply system can be substantiated based on historic growth rates. 2. The proposed expansion does not conflict with the Eagle County Master Plan, the Mid Valley Community Master Plan, or other applicable regional, State or Federal land use or water plans. 3. The proposed project as modified by the conditions imposed below will emphasize efficient use of water, and the potential of pollution to aquifer recharge areas is not identified as a potential problem. 4. The proposed water project will not contaminate surface water resources. 5. The proposed water project is capable of providing water pursuant to standards of the Colorado Department of Health. 6. The proposed development will not significantly deteri- orate aquatic habitats, marshlands and wetlands, groundwater recharge areas, steeply sloping or unstable terrain, forest and woodlands, critical wildlife habi- tat, big game migratory routes, calving grounds, migra- tory ponds, nesting areas and the habitats of rare and endangered species, public outdoor recreation areas, and unique areas of geologic, historic or archaeologi- cal importance if the construction is in accordance with the application submitted, and the staff recommen- dations are implemented. 7. The construction of structures, buildings and improve- ments associated with the proposed development, as modified by the conditions imposed below, will not sig- nificantly impact existing or proposed communities within the development area and source development area. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO, acting as the Permit Authority: THAT, the permit to construct an extension of the E1 Jebel Wastewater Collection System and of the Potable Water Distribu- tion Systems (File No. 1041-019-92) is granted to the Applicant, Floyd Crawford, subject to the following conditions: 4 1. This approval does not relate to or commit Eagle County to approve possible future expansion requests. 2. A groundwater monitoring program must be maintained by the Applicant, supervised by a qualified Registered Professional Engineer, with quarterly reports submitted to Eagle County. 3. Twenty acres must be dedicated to permanent (or until the E1 Jebel Wastewater Treatment Facility is aban- doned) agricultural use so that, if required, the entire treated waste flow can be land-applied. 4. A water conservation plan for the E1 Jebel/Crawford property must be prepared by December 31, 1992. This plan shall include an inventory of non-domestic dis- charges to the Wastewater Treatment Facility. The water conservation plan shall include a plan for mini- mizing the non-domestic discharges that are not easily treated in a biological-based wastewater treatment facility. 5. Any individual sewage disposal systems existing within the El Jebel Wastewater Treatment Facility services area (as identified on the Zone District Boundary Map prepared by Doremus & Wells, 11-10-89) must be termi- nated by December 31, 1992, and the existing units connected to the El Jebel Wastewater Treatment Facility or the Mid-Valley Metropolitan District Wastewater Treatment Facility. No new individual sewage disposal systems shall be permitted or installed within the E1 Jebel Wastewater Treatment Facility service area. 6. A 150-foot setback must be maintained to the south, and 500-foot setbacks on the north, east and west from the boundary of the Wastewater Treatment Facility for all new residential development within the El Jebel Wastewater Treatment Facility service area. 7. An operations plan for the application of wastewater to the land shall be prepared by a Registered Professional Engineer and approved by Eagle County. The plan shall address the protocol and procedures to assure the protection of surface water from accidental contact with the wastewaters. In addition, the plan shall include a contingency plan if there is insufficient infiltration during the non-irrigation season. 5 8. The improvements proposed to the Wastewater Treatment Facility shall be constructed prior to the issuance of any temporary certificate of occupancy for new develop- ment that requires connection to the wastewater treat- ment facility. 9. All material representations made by the Applicant in the Applications and public meetings shall be adhered to and considered conditions of approval, unless other- wise amended by other conditions. THAT, with regard to the Special Use Permit, the Board of County Commissioners finds as follows: 1. Proper publication and public notice was provided as required by law for the hearings before the Planning Commission and the Board. 2. The proposed special use conforms to the requirements of Section 2.09 of the Eagle County Land Use Regula- tions, which are incorporated herein as if set forth with particularity. 3. The proposed special use will be compatible with exist- ing uses in the area. 4. The following have been considered: The potential effect of the use on the character of the neighborhood, adequacy of access to and from the area, and appropri- ateness of the physical arrangement of the use on the proposed site, and consistency with the Eagle County Master Plan, and with the Mid Valley Community Master Plan. Consolidation with the Mid Valley Metro District facilities is not a viable option at this time. 5. An Environmental Impact Report is not required. 6. 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. NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the application of Floyd Crawford, File No. ZS-323-92 E1 Jebel, for a Special Use Permit to expand the El Jebel Potable Water Distribution System to properties zoned Commercial Limited, Commercial General, Residential Suburban Medium, and Resource, in order to increase the number of EQR's (units) by 240 EQR's, is ~~ approved, subject to the conditions as set forth hereinabove. A violation of any condition shall be the basis for revocation of the Special Use Permit. THAT, this permit shall be subject to periodic review by the Planning Department, and shall be heard by the Board of County Commissioners only if complaints are received and not satisfac- torily resolved by the staff. THAT, the Board of County Commissioners directs the Depart- ment of Community Development to provide a copy of this Resolu- tion 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 Counof Eagle, Stake of Colorado, at its regular meeting held the day of Cprw~j.~.. 1992; nunc pro tunc April 28, 1992. COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its ATTEST: BO D COUNTY COMMISSIONERS Lu~ By : By : /L' Clerk to oar f hard L. a on, County Commissioners ~,~,`~' ~'~ G~+, eorge Gates Commissioner .~ , ~.~~ tea '~ ~~ °~`--.....~ v `~~_ _„~,~ Donal H. Welch, mmissioner --,~,- Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner George A. Gates C Commissioner Richard L. Gustafson Commissioner Donald H. Welch ~, This Resolution passed by ~~,,~,, vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 7