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HomeMy WebLinkAboutR01-012 1041 for MId Valley Metro Districtf: �a Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. � i O /a Z APPROVAL OF PERMIT FOR SITE SELECTION AND CONSTRUCTION OF MAJOR NEW DOMESTIC WATER AND SEWAGE TREATMENT SYSTEMS; MAJOR EXTENSIONS OF EXISTING DOMESTIC WATER TREATMENT SYSTEMS AND EFFICIENT UTILIZATION OF MUNICIPAL WATER PROJECTS File Number 1041 -0032 WHEREAS, Mid Valley. Metropolitan District, (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; major extensions of existing domestic water and sewage treatment systems and efficient utilization of municipal water projects; and, WHEREAS, the application proposed modernization and expansion of the existing Mid - Valley Metropolitan District waste water treatment plant approved by the Permit Authority under resolution No. 83 -67. The application is to replace the existing Faculatative Aerated Lagoon treatment plant with a new Tertiary wastewater plant. The plant capacity proposed is 0.5 MGD. In addition, 25 land parcels are added to the District's service area which is located North of the Roaring Fork River to-Missouri Heights. The Garfield County Line forms the West boundary and the Eastern boundary is formed by the BLM and Christine SWA land excluding El Jebel /Crawford lands. WHEREAS, the Roaring Fork Planning Commission conducted a public hearing on November 2, 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. 6.04: Major Extension of Existing 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 December 4, 2000, 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 1111111 111111111111 11111 1111111111111 1111111111 OF 1111 747495 01/04/2001 04:29P 370 Sara Fisher 1 of 8 R 0.00 D 0.00 N 0.00 Eagle CO C following findings with regard to the Application as it pertains to Sections 6.03, 6.04 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 Mid Valley Metropolitan District 1041 Application for Expansion of Mid - Valley Metropolitan District Wastewater Treatment, Wastewater Collection and Potable Water Distribution Systems: 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 2 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. 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 6.04.15 (Major Extension of Existing Domestic Water Treatment Systems) of the Eagle County Land Use Regulations, and as more specifically described in the Mid Valley Metropolitan District -1041 Application for,Expansion of Mid Valley Metropolitan District Wastewater Treatment, Wastewater Collection and Potable Water Distribution Systems: 3 C � a) Major extensions of domestic water and sewage treatment systems shall be permitted in those areas in which the anticipated growth and development that may occur as a result of such extension can be accommodated within the financial and environmental capacity of the development area and source development area to sustain such growth and 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. C) The proposed development does not adversely affect either surface or sub - surface water rights of upstream or downstream users within the development area and source development area. 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 sewage services 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 Commission. k) Appropriate easements 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. 4 C n) The proposed development or its associated collector or distribution system or new service areas 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, 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 recreational 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, or cause other nuisance factors such as excessive noise or obnoxious odors. q) The proposed development or its associated collection or distribution system will not create an undue financial burden on existing or future residents within the development area and 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 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, rockslides or other disasters which would cause a system operational breakdown. S) Any proposed domestic water treatment and distribution system is capable of providing water meeting the requirements of the Colorado Department of Health. t) 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 6.05.15 (Efficient utilization of municipal water projects) of the Eagle County Land Use Regulations, and as more specifically described in the Mid Valley Metropolitan District 1041 Application for Expansion of Mid - Valley Metropolitan District Wastewater Treatment, Wastewater Collection and Potable Water Distribution Systems: 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 5 sanitation systems shall be accomplished in a manner that will prevent the pollution of aquifer recharge areas. 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.I (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 9 C J 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. 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; Major Extension of Existing Water and Sewage Treatment Systems and for Efficient Utilization of a Municipal Water Project be and is hereby conditionally granted subject to the following condition of approval: That the land parcels added to the district service area under this application are included under the following zone designations: 7 Land Parcels Zone District 1. CDOT PUD 2. CDOT PUD 3. Boyd, Van't Hoff RSM 4. Walsh RSM 5. Napolitano RSM 6. Eagle / Pitkin County Tree Farm PUD 7. Sopris Village Subdivision RSM 8. Hurst PUD 9. Foster CL 10. Phillips CL 11. Smith CL 12. Patten CL 13. CDOT CL 14. Shook CL 15. Duroux I 16. CDOT PUD 17. Basalt Church of Christ RR 18. Dills RSL 19. Dillion RSL 20. Bosshard RSL 21. Wilson . RSL 22. Bellevue RSL 23. CDOT PUD 24. Dunning RSL 25. MVMD Wastewater Treatment Plant R 7 Michael L. Commissioner PPA seconded adoption of the foregoing resolution. The roll having been called, the vot as as follows: Commissioner, Tom C. Stone 0--OZ Commissioner, Michael L. Gallagher _ Commissioner, Johnnette Phillips This Resolution passed by 3 - O vote of the Board of County Commissioners of the County of Eagle, State of Colorado. ��K), `' v �. Z C_ 0