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HomeMy WebLinkAboutR97-027 extension of wastewater collection facility to serve VailCommissioner moved adoption of thg following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO 97 - c�� cd0 APPROVAL OF PERMIT TO CONSTRUCT A MAJOR EXTENSION OF AN EXISTING WATER TREATMENT SYSTEM AND FOR THE EFFICIENT UTILIZATION OF A MUNICIPAL WATER PROJECT. File Number 1041 -0002 WHEREAS, THE EAGLE RIVER WATER AND SANITATION DISTRICT, (hereinafter "Applicant "), submitted to the Eagle County Depart- ment of Community Development an application to extend the exist- ing wastewater collection facilities to serve areas referred to as Vail; and WHEREAS, the Eagle and Colorado Valley Planning Commission conducted a public hearing on March 5, 1997, after publication and notice as re ired by law, to consider Applicant's request to conduct the following activities of state interest: 6.04: Major extension of existing water treatment system. WHEREAS, the Board of County Commissioners ( "the Board "), in its capacity as the Eagle County Permit Authority, conducted a public hearing on March 18, 1997, 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 of the County Land Use Regulations: FINDINGS: In accordance with Section 6.04.15 of the Eagle County Land Use Regulations. 1 111111 11111 111111 111111 1111 11111 111111 III 11111 1111 IN 620138 04/18/1997 10:878 B724 P171 370 1 of 8 R 0.00 D 0.00 N 0.00 Eagle, Colorado a. New domestic water and sewage treatment systems shall be constructed in areas which will result in the proper utili- zation of existing water and sewage treatment systems of communities within this County within the development area and source development area; FINDINGS: This is not a proposal for a "new domestic water and sewage treatment system" however, if approved as pro- posed, the development will result in proper utiliza- tion of the existing water supply system. b. The proposed development does not conflict with an approved local master plan or other applicable Regional, State or Federal land use or water plan; FINDINGS: The proposed development does not conflict with the Eagle County Master Plan, the Town of Vail Plan, to the extent applicable or other applicable Regional, State or 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, as determined by the Colorado Department of Health, are available for efficient opera- tional needs; FINDINGS: Adequate water supplies, as determined by the Colorado Department of Health, are available for efficient operational needs; e. Existing domestic water treatment systems servicing the area must be at or near operational capacity; FINDINGS:. Not Applicable, this is not a proposal for a new sys- tem. 2 f. Existing domestic sewage treatment facilities servicing the area must be at or greater than eighty percent (80 %) of operational capacity; FINDINGS: This is not an application to construct a "new domestic sewage treatment facility," therefore, this criteria is not applicable. g. The scope and nature of the proposed development will not compete with existing water and sewage services or create duplicate services; FINDINGS: The scope and nature of the proposed development will utilize existing water treatment and distribution lines. h. Age of existing water and sewage systems, operational effi- ciency, state of repair or level of treatment is such that replacement is warranted; FINDINGS: Not applicable, this is not a proposal to replace an existing water or sewage treatment systems. i. Area and community development and population trends demon- strate clearly a need for such development; FINDINGS: Area and community development and population trends demonstrate clearly a need for sewer line extension to serve this area. j. Existing facilities cannot be upgraded or expanded to meet waste discharge permit conditions of the Colorado Water Quality Control Division; FINDINGS: This is not an application to construct a `new domestic sewage treatment facility,, therefore, this criteria is not applicable. k. Appropriate easements can be obtained for any associated collector or distribution system that will serve existing and proposed needs; FINDINGS: Appropriate easements have been obtained. 3 I 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; FINDINGS: The benefits of the proposed water storage system outweigh the loss of any natural resources or agricul- tural 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. 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 archaeological importance; 4 X FINDINGS: 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 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 develop- ment area and the source development area. The cost of securing an adequate supply of water for existing and future needs of the residents of the County shall be considered in determining whether an "undue financial burden" will result; FINDINGS: The proposed-development will not create an undue financial burden on 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 water storage tank treatment system is not subject to significant risk 5 } I from earthquakes, floods, fires, snowslides, land- slides, 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 require- ments of the Colorado Department of Health; FINDINGS: The proposed domestic water tank and associated distri- bution system is capable of providing water meeting the require- ments of the Colorado Department of Health. t. The construction of structures, buildings, and improvements associated with the proposed development will not signifi- cantly 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. FINDINGS: In accordance with Section 2.09.04 (3)c) of the Eagle County Land Use Regulations, approval of the Permit application: c. Major new domestic water of sewer systems, major extensions of such systems, and municipal and industrial water projects may be waived in whole or in part by the Board of County Commissioners upon a written petition by the applicant that: 2. That compliance with the special use permit requirements would be unreasonably burdensome for the applicant. FINDINGS: Waiver of the Special Use Permit requirement as pro vided for in Section 2.09.04(3)(c)(1)(2), based on a d- etermination that requiring a Special Use Permit in addition to the permit(s) required under the Guidelines and Regulations of Areas and Activities of the State Interest, as amended, would serve no further legitimate planning, zoning or other land use objective. 9 t i THAT, The Board hereby approves this application with the following condition(s): 1/ That the District have an approved Storm water Management Plan required as submission before any grading permits are issued. 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 J =. day of 1997; nunc pro tunc March 18, 1997. ATTEST: Sara J. Fishe� r r Clerk to the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS By: s; Z/1' � ./ ohnette Phillips, Chair 4n 7 Georefe A. Gates, Commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner, George A. Gates C'„ Commissioner, James E. Johnson, Jr. „y Commissioner, Johnnette Phillips This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. h: \docs \1041.res \1041002.res 0