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HomeMy WebLinkAboutR07-107 West End 1041 Approval Commissioner moved adoption BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2007 - /() 1- APPROVAL OF A PERMIT TO EXTEND EXISTING DOMESTIC WATER AND SEWER IN ORDER TO SERVE THE WEST END PUD LOCATED IN EDWARDS, COLORADO File Number 1041-0070 WHEREAS, on or about May 21 st, 2007, the County of Eagle, State of Colorado, Midtown Group, LLC (hereinafter "Applicant") submitted to the Eagle County Department of Community Development an application for the extension of public water and sewer; and WHEREAS, the West End 1041 Permit area is limited to the boundaries of the approved Planned Unit Development (PUD) (see attached Exhibit "A"); and WHEREAS, the West End PUD is within the Upper Eagle Regional Water Authority, Eagle River Water and Sanitation District and the Edwards Metropolitan District; and WHEREAS, the West End Planned Unit Development combined Sketch/Preliminary Plan and Zone Change was approved as file nos. PDSP-00025 and ZC-00087; and WHEREAS, the Board of County Commissioners ("the Board"), in its capacity as the Eagle County Permit Authority, conducted a public hearing on September 11 lb, 2007 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; and WHEREAS, based on the evidence presented, the Permit Authority makes the following findings with regard to the Application as it pertains to Section 6.04.01, 6.04.02 and 6.04.03 of the County Land Use Regulations: Pursuant to Eagle County Land Use Regulations, Section 6.04.01, Permit Application Approval Criteria for Matters of State Interest. and as more specifically described in the application materials: (1) Documentation that prior to site disturbance for the Project, the applicant will have obtained all necessary property rights, permits and approvals. Page 1 of 5 (2) The Project will not impair property rights held by others. (3) The Project is consistent with relevant provisions of applicable land use and water quality plans. (4) The applicant has the necessary expertise and financial capability to develop and operate the Project consistent with all the requirements and conditions. (5) The Project is technically and financially feasible. (6) The Project is not subject to significant risk from natural hazards. (7) The Project will not have a significant adverse effect on land use patterns. (8) The Project will not have a significant adverse effect on the capability of local governments affected by the Project to provide services, or exceed the capacity of service delivery systems. (9) The Project will not create an undue financial burden on existing or future residents ofthe County. (10) The Project will not significantly degrade any current or foreseeable future sector of the local economy. (11) The Project will not have a significant adverse effect on the quality or quantity of recreational opportunities and experience. (12) The planning, design and operation of the Project shall reflect principals of resource conservation, energy efficiency and recycling or reuse. (13) The Project will not significantly degrade air quality. (14) The Project will not significantly degrade existing visual quality. (15) The Project will not significantly degrade surface water quality. (16) The Project will not significantly degrade groundwater quality. (17) The Project will not significantly degrade wetlands and riparian areas. (18) The Project will not significantly degrade terrestrial or aquatic animal life or its habitats. (19) The Project will not significantly deteriorate terrestrial plant life or plant habitat. (20) The Project will not significantly deteriorate soils and geologic conditions. (21) The Project will not cause a nuisance. (22) The Project will not significantly degrade areas of paleontological, historic, or archaeological importance. Page 2 of 5 3.310.I.2.a. A permit application pursuant to Chapter 6, Sections one through five of the Eagle County Guidelines and Regulations for Matters of State Interest has been submitted to the Eagle County Permit Authority relative to this land use which would be the subject of a special use permit application. 3.310.I.2.b. Compliance with the Special Use Review Permit requirements would be unreasonably burdensome for the applicant. The applicant has requested a waiver of the Special Use Review Permit requirements as such application 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: THAT, the Applicant's request for waiver of the Special Use Permit requirements in accordance with Section 3 -310.1.2 of the Eagle County Land Use regulations is hereby granted. THA T, the Board of County Commissioners hereby directs the Department of Community Development to provide a copy of this Resolution to the Applicants. THAT, the permit for the extension of public water and sewer service to the West End 1041 Permit Area be and is hereby granted subject to the following conditions of approval: 1. That except as otherwise modified by the Permit, all material representations of the Applicant in this permit application, correspondence, and public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 2. Any grading plans must include detailed site plans identifYing erosion control Best Management Practices (BMPs); construction staging areas for equipment stage and a Spill Prevention Control and Countermeasures Plan (SPCC). 3. Prior to the issuance of the grading permit an "Hours of Operation Plan" will be established by the applicant to stop construction noise during off business hours and to reduce amount of vehicle (diesel and gasoline) fumes. Copies of this plan shall be provided to the County. 4. A Storm Water Management Plan (SWMP) must be prepared by the applicant and approved by the Eagle County Environmental Health Department prior to obtaining a grading permit. 5. A Dust Suppression Plan must be prepared by the applicant and approved by the Eagle County Environmental Health Department prior to obtaining a grading permit. The plan shall be kept on site and implemented at all times during construction. The plan must identifY who can be contacted immediately to abate dust issues. 6. Failure to adhere to these conditions will result in the cessation of work until appropriate measures have been taken to restore compliance; 7. A maintenance agreement needs to be established for the proposed stormwater treatment system; Page 4 of 5 8. The West End PUD shall meet LEEDS "Certified Level" Core and Shell development requirements. The West End PUD shall not be required to obtain LEEDS certification, but shall demonstrate compliance with LEEDS requirements. THAT, the Board of County Commissioners 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 th~ou~ Eagle, State of Colorado, at its regular meeting held this 3() ~ day of '()( , 2007, nunc pro tunc to the 11 lb day of September, 2007. ATTEST: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ~ v\G(,e Co BY: Teak J. Simon on Clerk to the Board of County Commissioners BY: Am M. Menconi, Chair ner - ~ ~o.~ commissioner~~ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Am M. Menconi Commissioner Sara J. Fisher Commissioner Peter F. Runyon ~ ~ This Resolution passed by P / () County of Eagle, State of Colorado. vote of the Board of County Commissioner of the Page 5 of 5 West End PUD 1041-0070 EXHIBIT A D Limits of the West End PUD 1041 Permit Area o 0.035 0.07 I I I I I I 0.14Miles ~ II ~ Use of this map should be for general and ~.. _._ : informational purposes only. Eagle County does not warrant the accuracy of the data contained herein. EAGLE COUNTY