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Home My WebLink AboutR97-077 stag gulch partners water projectf Commissioner \ Yih npA ) Of the following Resolution: moved adoption BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO', RESOLUTION NO. 97 APPROVAL OF PERMIT TO CONSTRUCT A MAJOR EXTENSION OF EXISTING DOMESTIC WATER AND SEWAGE TREATMENT, STORAGE, AND DISTRIBUTION SYSTEMS AND FOR THE EFFICIENT UTILIZATION OF A MUNICIPAL WATER PROJECT. File Number 1041 -0004 WHEREAS, Stag Gulch Partners, (hereinafter "Applicant "), submitted to the Eagle County Department of Community Development an application to construct a major new water treatment, storage, �\ and distribution system to serve areas referred to as Cordillera Far Western Parcel, a parcel within the Cordillera PUD; and WHEREAS, the Eagle and Colorado Valley Planning Commission conducted a public hearing on May 7, 1997, after publication and notice as required by law, to consider Applicants request to conduct the following activities of state interest: 6.04: Major Extensions of Existing Domestic Water and Sewage Treatment Systems. WHEREAS, the Board of County Commissioners ( "the Board "), in its capacity as the Eagle County Permit Authority, conducted a Public hearing on May 27, 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. I IIII III III II 11111111 IN 626169 06/23/1997 03:33P 8730 P199 1 of 8 R 0.00 0 0.00 Sara J Fisher, Eagle, CO r� O Q7 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 extension of the water and sewer system, as pro- posed, will result in proper utilization of the water supply system for the development. 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, 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. The applicant has sufficient legal water, and will continue historical irrigation on the property. 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: Existing water storage systems in the region are at or near operational capacity, and originally designed to serve only their respective developments. f. Existing domestic sewage treatment facilities servicing the area must be at or greater than eighty percent (80 %) of operational capacity; FINDINGS: Existing systems are near capacity, or with little capacity which would require prohibitive costs to the feasibility of the proposed project. 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 not compete with existing water services, as it is not offering water taps outside their existing subdivision, but simply extending existing services. 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: The proposed system is not intended to repair or re- place an existing system, but is proposed as a new facility to enhance the capability of the system to which it will be connected to. 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 increased domestic water supply storage. j. Existing facilities cannot be upgraded or expanded to meet waste discharge permit conditions of the Colorado Water Quality Control Division; FINDINGS: 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; 3 FINDINGS: Appropriate easements have been obtained and placed within the proposed PUD development. 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 extended water and sewer system outweigh the loss 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. 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 4 recreation areas, and unique areas of geologic, historic or archaeological importance; 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, since all project facilities will be paid for by the owner of the proposed development. 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, 5 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 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 determina- El tion 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. THAT, The Board hereby approves this application with the following condition(s): 1/ The permit is not effective until the Final Plat is approved. 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, Sta j e of Colorado, at its regular meeting held the _ day of ! 1997; nunc pro tunc May 27, 1997. ATTEST: By COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS By: Johnette Phi nips, airman 7 Clerk to the Board of County Commissioners James E.Johnson,Jr.Commissioner George A. Gates, Commissioner Commissioner �C_ 1/��) seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner, George A. Gates Commissioner, James E. Johnson, Jr. Commissioner, Johnnette Phillips _ This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. h: \does \1041.res \1041004.res J