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Home My WebLink AboutR03-072 Town of Eagle Water Treatment Project to Serve the Bluffs File No. 1041-0047t° COIriTY11SSlOner ~~"~~"-~-~/-~~ moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO.2003- APPROVAL OF A PERMIT TO CONSTRUCT MAJOR EXTENSIONS OF EXISTING DOMESTIC WATER TREATMENT SYSTEMS AND FOR THE EFFICIENT UTILIZATION OF A MIJNICII'AL WATER PROJECT IN ORDER TO SERVE THE TOWN OF EAGLE File Number 1041-0047 WHEREAS, the Town of Eagle, (hereinafter "Applicant"), submitted to the Eagle County Department of Community Development an application for major extensions of its existing domestic water treatment system to serve the Bluffs and other development within its municipal boundaries; and, WHEREAS, the Applicant provided plans which would allow for development as follows: The installation of a new 423,000 gallon, above ground storage tank above the Upper Kaibab subdivision. WHEREAS, the Board of County Commissioners ("the Board"), in its capacity as the Eagle County Permit Authority, conducted a public hearing on Apri122, 2003, after publication and notice as required by law, to consider the Applicant's request to conduct the following activities of state interest: 6.01.04 (1): Major Extension of Ezisting Water Treatment Systems 6.01.04 (2): Efficient Utilization of Municipal Water Projects 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 Section 6.04 of the County Land Use Regula- tions: WHEREAS, in accordance with Chapter II, Article 3, Section 3.310.I.2, WaiveY PYOVlslon of the Eagle County Land Use Regulations, the Applicant requested a waiver from the requirement for a Special Use Permit by the Board, as such application for Special Use would serve no further legitimate planning, zoning or other land use objective; and, WHEREAS, notice of the application was given to all proper agencies and departments as required by the Eagle County Land Use Regulations, Section 5-210.E; and, 1_~~~~ II~'VNY~IV~N~~IIMVIII~IYIYA 838:83., • • / Commissioner ~/~'~"LC3~ moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2003- D~`"~ APPROVAL OF A PERMIT TO CONSTRUCT MAJOR EXTENSIONS OF EXISTING DOMESTIC WATER TREATMENT SYSTEMS AND FOR THE EFFICIENT UTILIZATION OF A MUNICIPAL WATER PROJECT IN ORDER TO SERVE THE TOWN OF EAGLE File Number 1041-0047 WHEREAS, the Town of Eagle, (hereinafter "Applicant"), submitted to the Eagle County Department of Community Development an application for major extensions of its existing domestic water treatment system to serve the Bluffs and other development within its municipal boundaries; and, WHEREAS, the Applicant provided~plans which would allow for development as follows: The installation of a new 423,000 gallon, above ground storage tank above the Upper Kalbab subdivision. WHEREAS, the Board of County Commissioners ("the Board"), in its capacity as the Eagle County Permit Authority, conducted a public hearing on Apri122, 2003, after publication and notice as required by law, to consider the Applicant's request to conduct the following activities of state interest: 6.01.04 (1): Major Extension of Existing Water Treatment Systems 6.01.04 (2): Efficient Utilization of Municipal Water Projects 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 fmdings with regard to the Application as it pertains to Section 6.04 of the County Land Use Regula- tions: WHEREAS, in accordance with Chapter II, Article 3, Section 3.310.I.2, Waiver Provision of the Eagle County Land Use Regulations, the Applicant requested a waiver from the requirement for a Special Use Permit by the Board, as such application for Special Use would serve no further legitimate planning, zoning or other land use objective; and, WHEREAS, notice of the application was given to all proper agencies and departments as required by the Eagle County Land Use Regulations, Section 5-210.E; and, • ! WHEREAS, the Board of County Commissioners of the County of Eagle, State of Colorado (herein after "the Board"), in its capacity as the Eagle County Permit Authority, conducted a public hearing on Apri122, 2003, to consider the Applicant's request; and, WHEREAS, based on the evidence, testimony, exhibits, comments of the Eagle County Depart- ment of Community Development, comments of public officials, agencies, and interested parries, the Board of County Commissioners of the County of Eagle, State of Colorado, acting as the Permit Authority, finds as follows: Pursuant to Eagle County Land Use Regulations Section 6.04.01, Permit Application Approval C~iteYia for matters of State Interest. 1) Prior to site disturbance for the Project the applicant will have obtained all necessary property rights, permits and approvals. 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 experrise and financial capability to develop and operate the Project consistent with all requirements and conditions. 5) The Project is technically and financially feasible. 6) The project is not subject to significant risk from natural hazard. 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 of the 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 of recreational opportu- nities and experience. 12) The planning, design and operation of the Project shall reflect principals of resource conservation, energy efficiency and recycling or reuse. 2 LJ 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 ground water 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 create a nuisance. 22) The project will not significantly degrade areas of paleontological, historic or archaeological importance. 23) The Project will not result in unreasonable risk of releases of hazardous materials. 24) The benefits accruing to the County and its citizens from the project outweigh the losses of any natural, agricultural, recreational, grazing, commercial or industrial resources within the County, or the losses of opportunities to develop such resources. Pursuant to Eagle County Land Use Regulations Section 6.04.02, Additional Criteria Applicable to Municipal and Industrial Water Projects, 1) The Project shall emphasize the most efficient use of water, including the recycling, reuse and conservation of water. 2) The Project shall not result in excess capacity in existing water or wastewater treatment services or create duplicate services. 3) The Project shall be necessary to meet community development and population demands in the areas to be served by the Project. 4) 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 3 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: WHEREAS: The Board of County commissioners, during the Apri122, 2003 hearing for File 1041-0047 approved a motion to waive compliance with the special use permit requirements as they would be unreasonably burdensome for the applicant and would serve no further land use objective. Now Therefore, be it resolved by the Board of County Commissioners of Eagle County, Colorado hereby APPROVE File No. 1041-0047. with the following conditions: 5) All material representations by the Applicant will become conditions of the permit. THAT, the Board of County Commissioners hereby directs the Department of Community Develop- ment to provide a copy of this Resolution to the Applicant. THAT, the Board of County Co h~ by fmds, determines and declares t this Resolution is necessary for the health, safety ,~ ~e citizens of~,agle Cfaunty. By Teak J. Simont6n Clerk to the Board of _ Michael L. Gallagher, Ch r `r ,, County Commissi 'om C. Stone, Commissioner Commissioner ~, Arn M. Menconi, Commissioner ti K ~,~ „9 * d adoption of the foregoing resolution. The roll having been called, the vote was as Commissioner, Michael L. Gallagher Commissioner, Tom C. Stone Commissioner, Arn M. Menconi This Resolution passed by County of Eagle, State of Colorado. vote of the Board of County Commissioners of the 4