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HomeMy WebLinkAboutR97-085 HLEM Investments water projectCommissioner pry moved adoption of the Ufollowing Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO } RESOLUTION NO. 97 APPROVAL OF PERMIT TO CONSTRUCT A MAJOR NEW WATER TREATMENT, STORAGE, AND DISTRIBUTION SYSTEM AND FOR THE EFFICIENT UTILIZA- TION OF A MUNICIPAL WATER PROJECT. File Number 1041 -0005 WHEREAS, HLEM Investments, Ltd., (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 Spring Park Meadows ; and WHEREAS, the Eagle and Colorado Valley Planning Commission conducted a public hearing on June 5, 1997, after publication and notice as required by law, to consider Applicant's request to conduct the following activities of state interest: 6.03: Site Selection and Construction of Major New 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 June 17, 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. 1111111 IN 627932 07/15/1997 01:10P B731 P973 1 of 8 R 0.00 D 0.00 Sara i Fisher, Eagle, CO J 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 new water and system, as proposed, 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, the Mid Valley Community 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. Water rights not committed to the augmentation plan will continue to be used for histori- cal 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; 2 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. No sewage treat- ment service is feasiblly available to the Spring Park Meadows site. 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. 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: Though existing water systems are in acceptable repair, it would not be prudent to use any of these systems to base a regional system upon. 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. 3 k. Appropriate collector or and proposed easements can be distribution sy needs; obtained for any associated tern that will serve existing FINDINGS: Appropriate easements have been obtained and placed within the proposed 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 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 peripheral downstream surface or below that designated by Colorado Commission as established on May July 10, 1979, or more stringent adopted; decrease the quality of subsurface water resources Water Quality Control 22, 1979, and effective standards subsequently 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 H v J r 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; 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. 5 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 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. The only visible element of the proposed domes- tic water system is the storage tank and pump house. 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 9 t 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- 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/ An approved Stormwater Management Plan is submitted before any grading or building permits are issued. 2/ All areas disturbed during construction be reveg etated. 3/ All domestic water be metered. 4/ On lots where raw irrigation water is available, it's use will be encouraged. 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 Colorado, at its regular meeting held the Z ak, day of 1997; nuns pro tunc June 17, 1997. 7 ATTEST: 1 . of £nc;tec e z CO LORd"� " By: J�'4. - ( Sara J. F Sher Clerk to the Board of County Commissioners 3 T COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS f By; ult'v Jit Johnette Phillips, Chai man Commissioner Ga 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. A Commissioner, Johnnette Phillips a vrP This Resolution passed by t 1 - 0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. h: \docs \1041.res \1041005.res Georga�A. Gates, Commissioner