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Home My WebLink AboutR95-017 1041 extension for Mid Valley metro Districtc Commissioner ) moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 95 - J APPROVAL of AMENDMENT of RESOLUTION 83 -67 TO ALLOW 0 EXTENSION of EXISTING WATER AND SEWER TREATMENT SYSTEMS 0 A (Mid Valley Metropolitan District Boundary Expansion) o File No. 1041 - 026 -94 0 v - wo WHEREAS, on July 7 and July 21, 1994, The Roaring Fork Planning Commission considered the application of the Mid Valley Metropolitan District (hereinafter "Applicant ") pursuant to Chapter 6 of the Eagle County Land Use Regulations and recom- mended approval - to conduct the following activity of state ° interest: o b .6.04: Maj extension of an existing domestic water system 0 6.05: Efficient utilization of municipal water project Applicant is requesting an "amendment" to an existing permit (Resolution 83 -67). Said application seeks approval to expand 00$4 the District's domestic water distribution and wastewater collec- tion and treatment services to the Robert & Gloria Arnold and the Don Byers property, attached and incorporated herein as Exhibits � A, B and C, a.k.a Arnold Meadows, a.k.a. Dakota and Eagle Dakota, for which the owners plan to a total development density of ten o or more residential dwelling units or the equivalent thereof Mtn which will consume up to 120 EQR capacity for each of the domestic water distribution and wastewater collection and treat 00 ment systems. Cd w WHEREAS, The Board of County Commissioners of Eagle County, in its capacity as the Eagle County Permit Authority ( "Permit a Authority "), conducted public hearings on August 2 and August 16, 1994, after publication and notice as required by law; to consid- 0 t-4 er said application; and �.� WHEREAS, the Permit Authority has considered all the evi- dence, exhibits and arguments presented, as well as comments of the Colorado Department of Transportation, the Colorado Geologic Survey and other referral agencies,•and the recommendation of the j Planning Commission; and WHEREAS the District has petitioned the Permit Authority that full compliance with submission requirements, Sections 6.04.13(5)(b,c,d and f), would be unreasonably burdensome for the applicant and that the proposed service expansion will have an insubstantial impact on the surrounding area. Additionally, the r- F-' �. 0 C_J information submitted is sufficient for the Permit Authority to arrive at a permit decision in full compliance with the law and the Regulations. WHEREFORE, the Permit Authority makes the following finding with regard to the Application pursuant to Sections 6.04.14(1) (Waiver of Submission Requirements, Major Extensions of Existing domestic Water and Sewage Treatment Systems): 1) The information submitted is sufficient for the Permit Authority to arrive at a permit decision in full compliance with the law and the regulations and that the proposed development will have an insubstantial impact on the surrounding area. WHEREFORE, the Permit Authority makes the following findings with regard to the Application as it pertains to Section 6.04.15 of the County Administrative Regulations: a) 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 development area and source development area to sustain such growth and development; . b) The proposed development does not conflict with the approved local master plan or other applicable regional, state or federal land use or water plan; C) The proposed development does not adversely affect either surface or sub - surface water rights of upstream or down- stream users within the development area and source development area; d) Adequate water supplies as determined by the Colorado Department of Health are available for efficient operational needs; e) The development area is not currently being serviced by a domestic water treatment system; f) The development area is not currently being serviced by a domestic sewage treatment facilities; g) The scope and nature of the proposed development will not compete with existing water and sewage services or create duplicate services; h) The replacement of existing water and sewage systems is not at issue; i) Area and community development and population trends clearly demonstrates a need for such a development; j) Waste discharge permit conditions of the Colorado Water Quality Control Division are not at issue; -2- � � . C r k) Appropriate easements can be obtained for any associat- ed collector or distribution system that will serve existing and proposed needs; 1) The benefits of the proposed development outweigh the losses of any natural resources or agricultural lands rendered unavailable as a result of the proposed development; m) The proposed development will not decrease the quality of peripheral downstream surface or subsurface water resources below that designated by Colorado Water Quality Control Commis- sion as established on May 22, 1979, and effective July 10, 1979 or more stringent standards subsequently adopted; n) The proposed development or its associated collector or distribution system or new service areas will not violate Federal or State air quality standards; o) The proposed development or its associated collector or distribution system will not significantly deteriorate aquatic habitats, marshlands and wetlands, groundwater recharge areas, steeply sloping or unstable terrain, forest and woodlands, criti- cal wildlife habitat, big game migratory 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; P) The proposed development or its associated collector or distribution system will not significantly degrade existing natural scenic characteristics, create blight, nor cause other nuisance factors such as excessive noise or obnoxious odors; q) The proposed development or its associated collector or distribution systems will not create an undue financial burden on existing or future residents within the development area and source development area. The cost of securing an adequate supply of water for existing and future needs of the residents of the County has been considered in determining whether an "undue financial burden" will result; r) The development site of the proposed major extension of the existing domestic water system is not subject to significant risk from earthquakes, floods, fires, snowslides, landslides, avalanches, rock slides or other disasters which could cause a system operation breakdown; S) The proposed domestic water treatment and distribution system is capable of providing water meeting the requirements of the Colorado Department of Health; t) ' The construction of structures, buildings, and improve- ments associated with the proposed development will not signifi- cantly-impact existing or proposed communities within the devel- opment.area and source development area. -3- � � 0 With regard to the Application as it pertains to Section 6.05.15 of the County Administrative Regulations, the Permit Authority finds as follows: a. The need for the proposed water project can be substan- tiated; b. The proposed water project with compatible with Feder- al, State, Regional and County planning policies regarding land use and water resources; C. This water project emphasizes the most efficient use of water, including, to the extent permissible under existing law, the recycling and reuse of water. Urban development, population densities, and site layout and design of stormwater and sani- tation systems are accomplished in a manner that will prevent the pollution.of aquifer recharge areas; d. The proposed water project will not contaminate surface water resources; e. The proposed water project is capable of providing water pursuant to standards of the Colorado Department of Health; f. The proposed diversion of water from the source devel- opment area will not decreased the quality of peripheral or down- stream surface water resources in the source development area below that designated by the Colorado Water Quality Control Division on May 22, 1979, and effective July 10, 1979, or more stringent standards subsequently adopted; g. The proposed development and the potential diversions' of water from the source development area will not significantly deteriorate aquatic habitats, marshlands and wetlands, groundwa- ter recharge areas, steeply sloping or unstable terrain, forests and woodlands, critical wildlife habitat, big game migratory routes, calving grounds, migratory ponds, nesting areas and the habitats of rare and endangered species, public outdoor recre- ational areas, and unique areas, and unique areas of geologic, historic or archaeological importance; h. The salinity and advanced wastewater plans required by Section 6.05.13(16) and (17) this expansion; i. The construction of structures, built ments associated with the proposed development cantly impact existing or proposed communities opment area and source development area; treatment offset do not apply for Sings and improve - will not signifi- within the devel- -4- ( � a 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 requirement that Applicant's submission include the information specified in Eagle County Land Use Regulation 6.04.13(5)(b,c,d and f) is waived, and THAT, a permit to expand the domestic water distribution and wastewater collection and treatment services of the Mid Valley Metropolitan District to include that property currently owned by Robert & Gloria Arnold and Don Byers (Exhibits A, B and C) and serve an additional 120 EQR's is hereby approved. MOVED, READ AND ADOPTED by the Board of County Commissioners (as the Permit Authority) of the County of Eagle, State of MC1 orado, at its regular meeting held the - _ day of 1995; nuns pro tunc August 16, 1994. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS U 17 es . son airman an George Gates, Commissioner 1 Il nne a Phill ps, Commissioner Commissioner seconded adoption of the fore- going resolution. Th6 roll having been called, the vote was as follows: Commissioner Gates , Commissioner Phillips Commissioner Johnson This Resolution passed by 2, ,�,'.r` vote of the Board of County Commissioners of the County of Eagle, State of Colorado. -5- ,j .. OPERTY DESCRIPTION LOT 1 A PARCEL OF LAND SITUATED IN LOTS . 4 AND 6, THE NWi /4SE1 /4, THE Si /2NE1 /4 AND IN THE SE1 /4NW1 /4NE1 /4 OF SECTION 33, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID' PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING'AT THE SOUTHEAST CORNER OF SAID SECTION 33, A BRASS CAP ON THE W 2933.95 IN PLACE; THENCE N 55 FEET , STATE NORTHERLY RIGHT-OF-WAY OF OLD HIGHWAY NO 8 SAIDIPOINT ALSO BEING ON THE EASTERLY LINE OF GARFIELD COUNTY; THE TRUE POINT OF BEGINNING `I'HEi`CE LEANING SAID EASTERLY LINE N 72 ° 10' 33" W ALONG SAID NORTHERLY RIGHT -OF -WAY 1030.69 FEET TO THE SOUTHEAST CORNER OF THAT PROPERTY DESCRIBED IN RECEPTION NO. 205501 OF TISE GARFIELD NORTHERLY COUNTY CLERK AND RECORDER'S OFFICE; THENCE LEAVING SAID RIGHT -OF -WAY N 01 " E ALONG THE EASTERLY LINE OF SAID RECEPTION 205501 614.51 FEET TO A POINT ON -THE SOUTHERLY RIGHT - .NO. OF -WAY OF NEW HIGHWAY 82; THENCE LEAVING SAID EASTERLY LINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING .A RADIUS OF 2774.79 FEET AND M A CENTRAL ANGLE OF 13 A DISTANCE OF FEET (CHORD C7 BEARS S 64 °00'50" E 645.52 FEET); THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF -WAY S 51 0 46 1 25" F 253.64 FEET; THENCE CONTINUING " ALONG SAID SOUTHERLY RIGHT -OF -WAY S 53 °40 1 18" E 230.70 FEET TO A POINT ON THE EASTERLY LINE OF SAID GARFIELD COUNTY; THENCE LEAVING SAID SOUTHERLY RIGHT -OF -WAY S 00 °00'20" W ALONG SAID EASTERLY LINE 353.34 FEET TO -THE TRUE POINT OF GI NG; SAID PARCEL CONTAINING 11.761 ACRES, MORE OR LESS. 93097.01 DECEMBER . 10, 1993 34227 3-638 P -176 04/21/94 12:57P PG 15 OF 19 c c �i 1 { i I A6 Exhibit "A" . Y PROPERTY DESCRIPTION LOT 2 A PARCEL OF LAND SITUATED IN LOTS 4 AND 6, THE NW1 /4SE1 /4, THE S1 /2NE1 /4 AND IN THE SEl /49W1 /4NE1 /4 OF SECTION 33, TOWNSHIP 7 SOUTH, RANGE 87 OF WE COLORADOE SAID PARCEL BEING MORE ORE T GARFIELD, STATE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 33, A BRASS CAP IN PLACE; THENCE N 47 0 22'10" W 3300.72 FEET TO A POINT ON THE NORTHERLY RIGHT -OF - WAY OF NEW STATE HIGHWAY NO . 8 HE TRUE OINT -ALS BEING ON THE EASTERLY LINE OF GARFIELD COUNTY, BEGINNING THENCE LEAVING SAID EASTERLY 5 3040'18" CONTINUING ALONG SAID NORTHERLY RIGHT -OF -WAY 91.02 FEET; THENCE SAID NORTHERLY RIGHT -OF -WAY N 54 °22'40 "•W 213.65 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF - WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS _OF 2964.79 FEETAON� BER 63 L53 " 15 °27'09", A DISTANCE OF 799.59 FEET 797.17 FEET) TO A POINT ON THE EASTERLY LINE OF THAT PROPERTY DESCRIBED IN RECEPTION NO. 205501 OF THE GARFIELD COUNTY CLERK AND RECORDER OFFICE; THENCE LEAVING SAID NORTHERLY RIGHT -OF -WAY N 01 028 E ALONG THE EASTERLY LINE OF SAID RECEPTION 210. 205501 •1077.51 FEET; THENCE N 89 E ALONG THE SOUTHERLY LINE OF SAID RECEPTION NO. 205501 828.51 FEET TO THE NORTHWEST CORNER OF THAT PROPERTY DESCRIBED IN RECEPTION NO. OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE LEAVING SAID SOUTHERLY LINE S 15 0 29'05 " W ALONG THE WESTERLY LINE OF SAID RECEPTION NO. 434184 59.90 FEET; THENCE S 61 0 18 1 35 " - E ALONG THE SOUTHERLY LINE OF SAID RECEPTION NO. 434184 137.03 FEET TO' POINT ON THE EASTERLY LINE OF GARFIELD COUNTY; THENCE S 00 °00'20" W ALONG SAID EASTERLY LINE 1492.72 FEET TOT E TRUE POINT OF BEGI ING; SAID PARCEL CONTAINING 28.331 ACRES, MORE OR LESS. 93097.01 DECEMBER 10, 1993 I i f i 5342'27 B -638 P -176 04/21/94 12:57P PG 16 OF 19. C4 -.r u J �t PROPERTY DEBCRIPTION LOT 3 C- A PARCEL OF LAND SITUATED IN LOTS 4 AND 6, -THE NW1 /4SE1 /4, THE S1 /2NE1 /4 AND IN THE SE1 /4NW1 /4NE1 /4 OF SECTION 33, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO; SAID PARCEL -BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: a 93097.01 DECEMBER 10, 1993 534227 B -638 P -176 04/21/94 12:57P PG 17 OF 19 r � COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 33, A BRASS CAP IN-PLACE; THENCE N 30 0 52 1 44" W 3453.72 FEET 'TO A POINT ON THE WESTERLY LINE OF BLUE LAKE P.U.D.•, SAID POINT ALSO BEING THE NORTHEAST CORNER OF THAT PROPERTY DESCRIBED IN RECEPTION NO. 439189 f OF THE EAGLE COUNTY CLERK AND RECORDER'S OFFICE THE TRUE POINT OF - BEGTNNING THENCE LEAVING SAID WESTERLY LINE N 77 °11 W ALONG T HE NORTHERLY LINE OF SAID RECEPTION NO. 439189 572.38 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE S 38 °08 W 158.25 FEET TO A POINT-ON THE WESTERLY LINE OF EAGLE COUNTY; THENCE N 00 0 00 1 20" E ALONG THE WESTERLY 'LINE OF EAGLE COUNTY 598.79 FEET TO THE SOUTHWEST CORNER OF THAT PROPERTY DESCRIBED IN RECEPTION NO. 254334 CID i OF THE EAGLE COUNTY CLERK AND RECORDER'S OFFICE; THENCE LEAVING SAID WESTERLY LINE S 58 0 00'15" E ALONG THE SOUTHERLY LINE OF SAID: RECEPTION NO. 254334 130.34 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE S 75 0 26'24" E 136.88 FEET; THENCE N 18 0 43 1 24" E ALONG THE EASTERLY LINE OF SAID RECEPTION NO. 254334 520.69 FEET TO THE NORTHEAST CORNER OF SAID -RECEPTION NO. 254334; THENCE =; I N 00 0 39'52" E 663.47 FEET TO A POINT ON THE SOUTHERLY LINE OF THAT DESCRIBED. IN RECEPTION NO. 495345; THENCE N 89 0 42 1 51" E r PROPERTY ALONG SAID SOUTHERLY LINE 237.95 FEET TO THE NORTHWEST CORNER OF BLUE LAKE P.U.D.; THENCE LEAVING SAID SOUTHERLY LINE S 00 °00 W 1655.49 FEET TO THE TRUE -POINT OF BEGINNING SAID PARCEL CONTAINING 14.175 ACRES,.MORE OR LESS. EXCEPTING FROM THE ABOVE DESCRIBED LOT THAT PORTION OF RECEPTION NO. 205501 AS -RECORDED IN THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE WHICH AFFECTS SAID LOT; SAID EXCEPTION CONTAINING 0..604 ACRES, MORE OR LESS. .- Vi SAID PARCEL CONTAINING A NET ACREAGE OF 13.571. a 93097.01 DECEMBER 10, 1993 534227 B -638 P -176 04/21/94 12:57P PG 17 OF 19 r � �; (� L,s941 Description A tract of land sit �Zad in the S5 N14 of Section 33, jownship 7 South, Ranga 87 West of the 6th Principal Heridian, a le Count Colorado, lying easterly of and adjacent to the Westerly boundary line of Lag • County, Colorado, and b *irg mnr.n particularly described as follows: Beginning at a point on the Northerly boundary line of the A Nr4 of said section 33 whence a brass cap found in place and -properly marked for the Southoast Corner of said Section 33 bears s 27 E 4440.21 feet; thence s 18 0 43'24" W 520.69 feeti thence N 75 W 136.88 toot; thenca N 99'00'1S" W 129.1a feat, thonca N 29 0 01'59" W 2.02 fact to a point on tho Wootorly boundary Line of Eagle County, Colorodol thence N 00.00'20" 1 386.02 loot along the Westerly boundary line of Eagle County, Colorado to a. point on the Northerly boundary line of tho 94 Nrk of oaid Section 331 thcnco N 89.39 Z 410.13 feet along tho Northerly boundary line of the sh Nth of said Section 33 to the point of boginning, containing 3.4t, acroo more or leso, togeth with and subject to an oaaomcnt and right -of -way 20 fvet in width extending from the Sunnyoide-Spring as doaerib.od in Ruling entered June 23, 1981 in Case No. 80CN351 in and for Wctar Divioion No. 5, State of Colorado, which a_Zsment and right-of-way shill be for purpoves of installation, upkoop, maintenance, repair and replacement of &aid apring and of a water supply line extending from said spring to the abova daseribod tract and ovor and across oaLd tract to tho point or points of use of water from said spring on said tract and on adjacent property having water righto in aaid vpring, and togothor wti-h a 30 toot wide access basement) EXCZPT any portion thereof lying within that tract of land conveyed by Robert 4 Cloria H. Arnold to Colorado -Vto tleetrie Aaeociation, Inc. by dood recorded Septombor 12, 1980 in Book 309 at Paco 181, ANO A tract of land situated in the SA $94 of Section 33, Township 7 South, Range 87 West of the 6th Principal Heridian, .gr,,f_i�old County Colorado, lying wootarly of and adjacent to the Easterly boundary ling of Qaid Garfield county, and being- more particularly described as follows, aeginning at a point on said Eaatorly boundary line of Garfield County whonco a braes cap found in place and properly marked for the Southeast Corner of said Section 33 bears S 32 E 45S4_00 fast, thcnco 0 00 °00'20" W 12 -1.13 feet Along aaid Easterly boundary line of carfiold County, thcnco N 61 W 137.63 fent/ thence N 15 °20'07" E 59.80 feet, thanca N 89 Z 104.23 feet to the point of beginning, containing 0.24 acres more or lnnn. -46 fit • li ✓•i ; t10 .. _ ova — =;. - - � _ ....: .,J 534227 B -638 P -176 04/21/94 12:57P PG 18 OF 19 EXHIBIT B c s — LXHIBIT U {� .Fw •,. 246. -! 8' W • RIOT 4 • 9, •� 0.604. ocres • ' Li r •'•- •f J ' cc ' I• ••- •' f • iJ �.. •13 4 • - 74 0. Y VI ' �_. � � t � �.• .,. , 2.38 `�. iC': EWE , ••�' : , ' • - ~ ~ ' '' '' •H 53'30'18' W p LA'f`•jT ` 3 ; • • ��B 91.02 ' C4 —Nn 534227 B -638 P -176 04/21/94 12:57P 19 OF 19 >t. 0