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HomeMy WebLinkAboutR95-048 1041 for Strawberry Park and Upper Bachelor GulchM '0 r Commissioner I&oll moved adoption win Resoluti r � � ' g BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO R X RESOLUTION MO. 95- APPROVAL OF PERMIT TO CONSTRUCT EXTENSIONS TO THE UPPER EAGLE VALLEY CONSOLIDATED SANITATION DISTRICT WASTEWATER COLLECTION SYSTEM AND THE UPPER EAGLE REGIONAL WATER AUTHORITY SYSTEM TO SERVE STRAWBERRY PARK AND UPPER BACHELOR GULCH' File Number 1041 - 031 -95 WHEREAS, VAIL ARROWHEAD INC., & THE VAIL CORP. DBA VAIL ASSOCIATES INC. (hereinafter "Applicant "), submitted to the Eagle County Department of Community Development an application to extend the existing water & wastewater collection facilities to serve Upper & Lower Bachelor Gulch and Strawberry Park; and WHEREAS, the Eagle and Colorado Valley Planning Commission conducted a public hearing on April 5, 1995, after publication and notice as required by law, to consider Applicant's request to conduct the following activities of state interest: 6.04: Major extensions of existing water supply & sewage collection systems. 6.05 Efficient utilization of municipal and industrial water projects. WHEREAS, the Board of County Commissioners ( "the Board "), in its capacity as the Eagle County Permit Authority, conducted a public hearing on April 18, 1995, 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. WHEREFORE, based on the evidence presented, the Permit Authority makes the following findings with regard to the Appli- cation as it pertains to Section 6.04.15 and 6.05.15 of the County Land Use Regulations: a. New domestic water and sewage treatment systems shall be constructed in areas which will result in the proper utilization of existing water and sewage treatment systems of communities within this County within the development area and source development area; FINDINGS: The development will properly utilize the existing Upper Eagle Valley Consolidated Sanitation Districts 563190 B -667 P -168 05/12/95 01:41P PG 1 OF 8 REC DOC Sara J. Fisher Eagle County Clerk & Recorder 0.00 G� sewa a 'treatment facilities. and th Upper Eagle region- g PP g g al Water Authority Facilities. b. The proposed development does not conflict with an approved local master plan or other applicable Region- al, State or Federal land use or water plan; FINDINGS: The proposed development does not conflict with the Eagle County Master Plan, the Town of Avon Comprehen- sive Plan, 208 Plan or other Federal land use or water plans. C. The proposed development does not adversely affect either surface or subsurface water rights of.upstream or downstream users; FINDINGS: The proposed development will not adversely affect either surface or subsurface water rights of upstream or downstream users. d. Adequate water supplies, Department of Health, are operational needs; FINDINGS: Adequate water supplies, Department of Health, are operational needs. as determined by the Colorado available for efficient as determined by the Colorado available for efficient e. Existing domestic water treatment systems servicing the area must be at or near operational capacity; FINDINGS: The existing water treatment system for the Upper Eagle Regional Water Authority is near operational capacity and significant upgrades are planned. f. Existing domestic sewage treatment facilities servicing the area must be at or greater than eighty percent (8 %) of operational .capacity; FINDINGS: The existing sewage treatment facilities are near operational capacity during peak periods and upgrades are planned. g. The scope and nature of the proposed development will not compete with existing water and sewage services or create duplicate services; FINDINGS: This proposal will not duplicate existing services and will make use of excess and planned capacity in the Upper Eagle Valley Consolidated Sanitation District's system and Upper Eagle Regional Water System. 2 h. Age of existing water efficiency, state of such that replacement FINDINGS: NA C11 and sewage systems, operational repair or level of treatment is is warranted; i. Area and community development and population trends demonstrate clearly a need for such development; FINDINGS: Area and community development and population trends demonstrate clearly a need for upgraded water supply and wastewater collection and treatment. j. Existing facilities cannot be upgraded or expanded to meet waste discharge permit conditions of the Colorado Water Quality Control Division; FINDINGS: NA k. Appropriate easements can be obtained for any associat- ed collector or distribution system that will serve existing and proposed needs; FINDINGS: Appropriate easements can be obtained for the proposed line extensions. 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 devel- opment; FINDINGS: The benefits of proposed project outweigh the losses of any natural resources or agricultural lands rendered unavailable as a result of the project. 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 Commission as established on May 22, 1979, and effective July.10, 1979, or more stringent standards subsequently adopted; FINDINGS: 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 imple- mented. 3 Y 1 C n. The proposed development or its associated collector or distribution system or new service areas will not violate Federal or State air quality standards; FINDINGS: The proposed development and its associated collector system 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, critical wildlife habitat, big game migratory routes, calving grounds, migratory ponds, nesting areas and the habitats of rare and endangered species, public out -door recreation areas, and unique areas of geologic, historic or archaeologi- cal importance; FINDINGS: The proposed development will not significantly deteri- orate aquatic habitats, marshlands and wetlands, groun- dwater 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 out -door recreation areas, and unique areas of geologic, historic or archaeologi- cal importance if the construction is in accordance with the application submitted. 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; FINDINGS: The proposed development 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. 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 the source development area. The cost of securing an adequate supply of water for exist- ing and future needs of the residents of the County shall be considered in determining whether an "undue financial will result; FINDINGS:'The proposed development will be financed and main- tained and will not create an undue financial burden on 4 r r existing or future residents within the development area and the source development area. r. The development site of a proposed major extension of an existing domestic water or sewage treatment 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; FINDINGS:•The development site of the proposed major extension of an existing sewage treatment 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. Any proposed domestic water treatment and distribution system is capable of providing water meeting the re- quirements of the Colorado Department of Health; FINDINGS: The proposed domestic water treatment and distribution system is capable of providing water meeting the re- quirements of the Colorado Department of Health. t. 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; FINDINGS: 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. In accordance with Section 6:05.15 of the Eagle County Land Use Regulations: a. The need for the proposed water project can be substan- tiated; FINDINGS: The need for the proposed water line and sewer line extensions can be substantiated based on historic and anticipated growth rates. b. Assurances of compatibility project with Federal, State, ning policies regarding land of the proposed water Regional and County plan - use and water resources; 5 r FINDINGS: The proposed development does not conflict with The Eagle County Master Plan, the Avon Land Use Plan and the Regional 208 Plan. C. Municipal and industrial water projects shall emphasize 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 sanitation systems shall be accomplished in a manner that will prevent the pollution of aquifer recharge areas; FINDINGS: The proposed project will emphasize efficient use of water through metering and cost structure, however, an updated and strengthened water conservation plan is required. d. Provisions to insure that the proposed water project will not contaminate surface water resources; FINDINGS: Provisions have been proposed to control sedimentation and erosion to insure that the proposed 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; FINDINGS: 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 peripher- al or downstream surface water resources in the source development.area below that designated by the Colorado Water Qivality*Control Division on May 22, 1979, and effective July 10, 1979, or more stringent standards subsequently adopted; FINDINGS: The project does not propose to divert water from the source development area. g. The proposed development and the potential diversions of water from the source development area will not significantly deteriorate aquatic habitats, marshlands and wetlands, groundwater 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 0 recreational areas, and unique areas, and unique areas of geologic, historic or archaeological importance; FINDINGS: The proposed development will not significantly deteriorate aquatic habitats, marshlands and wetlands groundwater recharge areas, steeply sloping or unsta- ble 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 recreational . areas, and unique areas, and unique areas of geologic,. historic or archaeological importance. h. The salinity and advanced wastewater treatment offset plans required by Section 6.05.13(16) and (17) have been approved by the Permit Authority and required fees associated therewith, if any, have been paid; FINDINGS: NOT APPLICABLE i. 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; FINDINGS: The construction of improvements associated with the proposed development will not significantly impact existing or proposed communities within the development area and source development area. Waiver of the Special Use Permit requirement as provided for in Section 2.09.04(3)(c)(1)(2), based on a determination that requiring a Special Use Permit in addition to the permit(s) required under the Guidelines and Regulations of Areas and Activities. o €.the.State Interest, as amended, 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, acting as the Permit Authority: THAT, the permit to construct an extension of the'Upper Eagle Valley Consolidated Sanitation District to serve Upper & Lower Bachelor Gulch and Strawberry Park (File No. 1041 - 031 -95) is granted to the Applicant, Vail Arrowhead Inc., & The Vail Corp. DBA Vail Associates Inc. subject to the following condi- tions: 7 r, c 1. A water conservation plan shall be submitted and ap= proved by the Eagle County Environmental Health Office prior to issuance of any building permits in Upper Bachelor Gulch Filings 1 &2 and Strawberry Park. 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 County of Eagle, State of Colorado, at its regular meeting held the C 7 day of , 1995; nunc pro tunc April 18 1'995. ATTEST: 4 cr hnette Phillips, Commis ioner By: AA By: Clerk to the (/Board of County Commissioners , C ommissioner seconded adoption of the f'oregoing`:resolution. The oll having been called, the vote was as - f ollows ... _, ' This Resolution passed by — 0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. Commissioner James E. Johnson, Jr. Commissioner A. Gates Commissioner.`Johhette Phillips 8 COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS