HomeMy WebLinkAboutR01-011 1041 for Vail Associates - Red SkyCommissioner moved adoption
of the fol0wing Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2M-
APPROVAL OF PERMIT FOR SITE SELECTION AND CONSTRUCTION OF MAJOR NEW
DOMESTIC WATER AND SEWAGE TREATMENT SYSTEMS AND EFFICIENT
UTILIZATION OF MUNICIPAL WATER PROJECTS
File Number 1041 -0031
WHEREAS, Vail Associates, Inc., (hereinafter "Applicant "), submitted to the Eagle County
Department of Community Development an application for site selection and construction of major
new domestic water and sewage treatment systems and efficient utilization of municipal water
till projects; and,
WHEREAS, The infrastructure proposed in this application is to serve the Vail Associates.
Inc. Red Sky Ranch Planned Unit Development which is located South of the I -70 Wolcott
Interchange on the North slope of Bellyache Ridge and West of the Wolcott Springs Subdivision.
The potable water system diverts water from the Eagle River East of Wolcott. The treatment facility
has a capacity of 529,000 GPD and is located in the PUD. Wastewater treatment for the project is to
be accomplished by engineered septic systems.
WHEREAS, the Eagle County Planning Commission conducted a public hearing on
September 20, 2000, 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.
6.05: Efficient Utilization'of Municipal Water Projects.
WHEREAS, the Board of County Commissioners ( "the Board "), in its capacity as the Eagle
County Permit Authority, conducted a public hearing on October 24, 2000, to consider the Applica-
tion; 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 Application as it pertains to Sections 6.03 and 6.05 of the County Land
Use Regulations:
In accordance with Section 6.03.15 (Site Selection and Construction of Major New
Domestic Water and Sewage Treatment Systems) of-the Eagle County Land Use Regulations,
and as more specifically described in the Vail Associates, Inc.— Red Sky Ranch 1041
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Application:
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a) New domestic water and sewage treatment systems shall be constructed in areas which will
result in the proper utilization of existing treatment plants and the orderly development of
domestic water and sewage treatment systems of communities within this County within the
development area and source development area.
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.
C) The proposed development does 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 operational needs.
e) Existing domestic water treatment systems servicing the area must be at or near operational
capacity.
f) Existing domestic sewage treatment facilities servicing the area must be at or greater than
eighty percent (80 %) of operational capacity.
g) The scope and nature of the proposed development will not compete with existing water and
sewer service or create duplicate services.
h) Age of existing water and sewage systems, operational efficiency, state of repair or level of
treatment is such that replacement is warranted.
i) Area and community development and population trends demonstrate clearly a need for such
development.
j) Existing facilities cannot be upgraded or expanded to meet waste discharge permit conditions
of the Colorado Water Quality Control Division.
k) Appropriate easement can be obtained for any associated collector or distribution system that
will serve existing and proposed needs.
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.
m) The proposed development will not decrease the quality of peripheral or downstream surface
or subsurface water resources below that designated by the Colorado Water Quality Control
Commission as established on May 22, 1979, and effective July 10, 1979, or more stringent
standards subsequently adopted.
n) The proposed development or its associated collector or distribution system or new service
areas will not violate federal or state air quality standards.
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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, 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 recreation areas, and unique areas of geologic,
historic, or archaeological importance.
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.
q) The proposed development or its associated collector or distribution system 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 existing and
future needs of the residents of the County shall be considered in determining whether an
"undue financial burden" will result.
r) The salinity and advanced wastewater treatment offset plans required by Subsection
6.03.13(7)b)6) and 6.03.13(8)e) have been approved by the Permit Authority and required fees
associated therewith, if any, have been paid.
S) The construction of structures, buildings and improvements associated with the proposed
development will not significantly impact existing or proposed communities within the
development area and source development area.
t) The development site of a major new domestic water or sewage treatment system is not
subject to significant risk from earthquakes, floods, fires, snowslides, landslides, avalanches,
rockslides or other disasters which could cause a system operational breakdown.
In accordance with Section 6.05.15 (Efficient utilization of municipal water projects) of
the Eagle County Land Use Regulations, and as more specifically described in the Vail
Associates, Inc. - -Red Sky Ranch 1041 Application:
a) The need for the proposed water project can be substantiated.
b) Assurances of compatibility of the proposed water project with federal, state, regional and
County planning policies regarding land use and water resources.
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 storm water and
sanitation systems shall be accomplished in a manner that will prevent the pollution of aquifer
recharge areas.
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d) Provisions to insure that the proposed water 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.
f) The proposed diversion of water from the source development area will not decrease the
quality of peripheral or downstream surface and subsurface water resources in the source
development area below that designated by the Colorado Water Quality Control Division on
May 22, 1979, and effective July 10, 1979, or more stringent standards subsequently adopted.
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
habitats, 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 of
geologic, historic or archaeological importance.
h) The salinity and advance wastewater treatment offset plans required by Subsections
6.05.13 (16) and (17) have been approved by the Permit Authority and required fees associated
therewith, if any, have been paid.
i) The construction of structures, buildings, and improvements 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 3-310.1 (2) of the Eagle County Land Use Regulations- -
Waiver Provision of the Special Review Use permit requirements:
2. The Special Review Use permit requirements for major new domestic water or 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:
b. That compliance with the special use permit requirements would be
unreasonably burdensome for the applicant.
FINDINGS: The applicant has requested a waiver of the special use 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, applicant's request for waiver of the special use permit requirements in accordance
with Section 3 -310.I (2) of the Eagle County Land Use Regulations is hereby granted.
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THAT, the Board of County Commissioners hereby approves this permit application.
THAT, the Board of County Commissioners directs the Department of Community
Development to provide a copy of this Resolution to the Applicant.
THAT, the permit for Site Selection and Construction of Major New Domestic Water and
Sewage Treatment Systems and for Efficient Utilization of a Municipal Water Project be and is
hereby conditionally granted subject to the following conditions of approval:
1: A Fluidyne Engineer, or other qualified agent, be on site during construction of the
systems to insure proper placement, construction, and installation of the systems.
2. That appropriate provisions be established to ensure that the District will continue to
provide the level of oversight necessary to insure proper performance of all systems as long as they
are in use.
3. Ground water monitoring reports to be submitted annually to the Department of
Community Development as long as the septic systems are in use.
Michael L.
Commissioner � seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner, Tom C. Stone
Commissioner, Michael L. Gallagher 2 _
Commissioner, Johnnette Phillips
This Resolution passed by 3 -�
County of Eagle, State of Colorado,
vote of the Board of County Commissioners of the
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