HomeMy WebLinkAboutR01-087 1041 for Nova Guidesq1 . � I d Commissioner L/ f't ^L moved adoption o e following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2001- Qa ? APPROVAL OF PERMIT FOR SITE SELECTION AND CONSTRUCTION OF MAJOR NEW DOMESTIC WATER AND SEWAGE TREATMENT PLANTS TO SERVE THE NOVA GUIDES EAGLE COUNTY SITE AND EFFICIENT UTILIZATION OF MUNICIPAL WATER PROJECTS File Number 1041 -0037 WHEREAS, Nova Guides, 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 projects; and, WHEREAS, this application proposed the construction of a seven septic systems, a primary well and other improvements as described in the application that will serve the Nova Guides Eagle County site located approximately 15.5 miles North of State Road 91 on U.S. Route 24. WHEREAS, the Eagle County Planning Commission conducted a public hearing on June 6, 2001, 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 June 19, 2001, 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 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 1041 application for Nova Guides: I��IIIII�IIIIIINI�JII NIIIXIIRIIIII� eifi 9wp:a..1cc Sara J Fisher Eagle, CO 370 R C C 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 2 C 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. FINDING: The applicant has requested a waiver of the special use permit requirements, as such application would serve no finther 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: 4 G 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; and for Efficient Utilization of a Municipal Water Project be and is hereby conditionally granted subject to the following conditions of approval: 1. All material representations by the Applicant will become conditions of the permit. 2. The site plan associated with the construction drawings submitted with the Building Permit Application for the lodge must detail the location of existing streams, disturbed areas, impervious cover and illustrate the implementation of BMP's. 3. No vegetation should be removed, or soil disturbed or covered, within 25 feet of a wetland, stream, lake, or other waterbody. THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the health, sakty and welfare of the,,eiJj7,gns�f Eagle County. aA—Qy Michael L. Gallagher, Commissioner Commissioner seconded adoption of the foregoing resolution. r � g The rill having been called, the vote was as follows: Commissioner, T6& •G.` Stone 1z__ Commissioner, Michael L. Gallagher Commissioner, Arn M Menconi This Resolution passed by c3 -0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 5