HomeMy WebLinkAboutR99-145 1041 for Ten Peaks Mes and Pleasant Valley RanchCommissioner moved adoption
o the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 99 - ISIS
APPROVAL OF PERMIT TO CONSTRUCT A MAJOR NEW DOMESTIC WATER TREAT-
MENT, STORAGE, AND DISTRIBUTION SYSTEMS.
File Number 1041 -0020
WHEREAS, Ten Peaks Mesa Homeowners Association, (hereinafter "Applicant "),
submitted to the Eagle County Department of Community Development an application to install
a major new domestic water treatment, storage, and distribution system to serve areas as
described in the application(Ten Peaks Mesa Subdivision and Pleasant Valley Ranch); and
WHEREAS, the Roaring Fork Regional Planning Commission conducted a public
hearing on August 5, 1999, after publication and notice as required by law, to consider Appli-
cant's request to conduct the following activities of state interest:
6.03: Major New Domestic Water Storage, Treatment, and Distribution Systems.
6.05: Efficient Utilization of Municipal and Industrial Water Projects.
WHEREAS, the Board of County Commissioners ( "the Board "), in its capacity as the
Eagle County Permit Authority, conducted a public hearing on August 16, 1999, 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 Section 6.03 and 6.05 of the
Eagle County Land Use Regulations:
In accordance with Section 6.03.13 of the Eagle County Land Use Regulations, and as more
specifically described in the application for a major new domestic water system for the Ten
Peaks Mesa Water System (which includes all properties as described by the application).
a. New domestic water and sewage treatment systems shall be constructed in
areas which will result in the proper utilization of existing water and sewage
treatment systems of communities within this County within the development
area and source development area;
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FINDINGS: This new water system, as proposed, will result in proper utilization of the water
v supply and wastewater systems for the subdivision and the 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;
FINDINGS: The proposed development does not conflict with the Eagle County Master Plan,
the Eagle County Open Space Plan, or other applicable Regional, State or Federal
land use or water plans.
c. The proposed development does not adversely affect either surface or
subsurface water rights of upstream or downstream users;
FINDINGS: The proposed development will not adversely affect either surface or subsurface
water rights of upstream or downstream users. The applicant has sufficient legal
water for the system proposed.
d. Adequate water supplies, as determined by the Colorado Department of
Health, are available for efficient operational needs;
FINDINGS: Adequate water supplies, as determined by the Colorado Department of Health,
will be available for efficient operational needs.
e. Existing domestic water treatment systems servicing the area must be at or
near operational capacity;
FINDINGS: Not applicable. This is not a request for an expansion, but for a new domestic
water treatment system. This is a request for an improvement to the ability to
serve domestic water to a property(ies) in the source development area.
f. Existing domestic sewage treatment facilities servicing the area must be at or
greater than eighty percent (80 %) of operational capacity;
FINDINGS: No additional wastewater treatment facilities are proposed with this development.
g. The scope and nature of the proposed development will not compete with
existing water and sewage services or create duplicate services;
FINDINGS: The proposed new system may create duplicate services, however, the nearest
service line to the property is technically unfeasible to extend to offer the same
service.
h. Age of existing water and sewage systems, operational efficiency, state of
repair or level of treatment is such that replacement is warranted;
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FINDINGS: Not applicable.
I. Area and community development and population trends demonstrate
clearly a need for such development;
FINDINGS: Area and community development and population trends demonstrate a need for
an increased domestic water supply storage system in the area. The lots have
been divided and conveyed in large parcels to different owners, so the proposed
system development will provide more reliable water supply for domestic use and
fire protection.
j. Existing facilities cannot be upgraded or expanded to meet waste discharge
permit conditions of the Colorado Water Quality Control Division;
FINDINGS: This permit application does not propose a new wastewater treatment plant,
therefore, this criteria is unapplicable.
k. Appropriate easements can be obtained for any associated collector or
distribution system that will serve existing and proposed needs;
FINDINGS: The site of the proposal is owned by applicant, the Ten Peaks Mesa Homeowners
Association through various easements and contractual agreements.
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;
FINDINGS: No losses of any natural resources or agricultural lands will occur because of the
system requested. Those losses took place under the land subdivision.
m. The proposed development will not decrease the quality of peripheral
downstream surface or subsurface water resources below that designated by
Colorado Water Quality Control Commission as established on May 22,
1979, and effective July 10, 1979, or more stringent standards subsequently
adopted;
FINDINGS: The proposed development will not decrease the quality of peripheral downstream
surface or subsurface water resources below that designated by 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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- FINDINGS: The proposed development and its associated collector system 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, forest and
woodlands, critical wildlife habitat, big game migratory routes, calving
grounds, migratory ponds, nesting areas and the habitats of rare and endan-
gered species, public out -door recreation areas, and unique areas of geologic,
historic or archaeological importance;
FINDINGS: The proposed development will not significantly deteriorate aquatic habitats,
marshlands and wetlands, groundwater recharge areas, steeply sloping or unstable
terrain, forest and woodlands, critical wildlife habitat, big game migratory routes,
calving grounds, migratory ponds, nesting areas and the habitats of rare and
endangered species, public out -door recreation areas, and unique areas of geo-
logic, historic or archaeological importance if the construction is in accordance
with the application submitted.
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;
FINDINGS: The proposed development will not significantly degrade existing natural scenic
characteristics, create blight, nor cause other nuisance factors such as excessive
noise or obnoxious odors if the construction is in accordance with the application
submitted.
q. The proposed development or its associated collector or distribution systems
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;
FINDINGS: The proposed development will not create an undue financial burden on existing
or future residents within the development area and the source development area,
since all project facilities will be paid for by the developers existing fund bal-
ances.
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, rock slides or
other disasters which could cause a system operation breakdown;
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FINDINGS: To Eagle County's knowledge, the site(specific to the water system) is not subject
to natural hazards.
S. Any proposed domestic water treatment and distribution system is capable of
providing water meeting the requirements of the Colorado Department of
Health;
FINDINGS: The proposed development and associated 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;
FINDINGS: The construction of structures, buildings, and improvements associated with the
proposed enlargement of capacity will not significantly impact existing or
proposed communities within the development area and source development area.
FINDINGS
In accordance with Section 6.05.13 of the Eagle County Land Use Regulations, approval
of the Permit application:
a. The need for the proposed water project can be substantiated;
FINDINGS: The need for the proposed water system enlargement can be substantiated based
on historic growth rate, future growth scenarios, and the existing problems with
the delivery of water vis -a -vis individual wells in the Missouri Heights area.
Additionally, since the land has already been divided and conveyed, but was
exempt from Eagle County subdivision regulations, the proposed water system
will offer a greater degree of water storage for fire suppression to lots which were
created in absence of a subdivision process.
b. Assurances of compatibility of the proposed water project with Federal, State, Regional,
and County planning policies regarding land use and water resources;
FINDINGS: The proposed development does not conflict with The Eagle County Master Plan,
The Eagle County Open Space Plan, The Mid Valley Master Plan, or other
applicable Regional, State of Federal land use or water plans.
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.
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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;
FINDINGS: The proposed project will emphasize the most efficient use of water.
d. Provisions to insure that the proposed water project will not contaminate surface water
resources;
FINDINGS: Adequate provisions have been proposed 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;
FINDINGS: 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 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;
FINDINGS: Any disturbances to the water resources would be temporary in nature, for the
most part, represent sedimentation due to runoff from disturbed soils until
revegetation has been established.
g. The proposed development and the potential diversion 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 habitat, big game migratory routes, calving grounds, migratory
ponds, nesting area and the habitats or rare and endangered species, public outdoor
recreational areas, and unique areas, and unique areas of geologic, historic or archaeologi-
cal importance;
FINDINGS: The proposed development 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, recreational areas, and unique
areas, and unique areas of geologic, historic or archeological importance.
h. The salinity and advanced wastewater treatment offset plans required by Section 6.05.13
(16) and (17) have been approved by the Permit Authority and required fees associated
therewith, if any, have been paid;
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FINDINGS: Not applicable.
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;
FINDINGS: The construction of structures, buildings and improvements associated with he
proposed development will not significantly impact existing or proposed commu-
nities within the development area and source development area.
In accordance with Section 3 -310 (I) (2) of the Eagle County Land Use Regulations,
approval of the Permit application:
2. 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 unrea-
sonably 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. Staff supports such a waiver.
THAT, The Board hereby approves this application with the following condition(s):
1. This approval allows for two taps within the Pleasant Valley Ranch subdivision (as
described) to connect to the system.
2. Water users of this system shall be required to have water metered, and a graduated water
system service fee structure.
3. No water intensive grasses i.e. Kentucky Bluegrass shall be allowed beyond 2,000 square
feet on each lot which requires water derived from this domestic water system. This
minimal use of manicured turf will assist with fires suppression concerns around the
perimeter of a residence only. The remaining 3,000 square feet of lawn allowance may be
seeded with dry -land drought- tolerant seed mixes only.
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4. Except as otherwise modified by the Permit, all material representations of the Applicant
in this application and public meeting shall be adhered to and considered conditions of
approval unless otherwise amended by other conditions.
THAT, the Board of County Commissioners directs the Department of Community
Development to provide a copy of this Resolution to the Applicant.
THAT, the Board hereby finds, determines and declares that this Resolution is necessary
for the health, safety and welfare of the citizens of Eagle County.
Mop Aoo
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
Cour of Eagle, State of Colorado, at its regular meeting held the c3CCt. day of
1999; nunc pro tune August 16, 1999.
COUNTY OF EAGLE, STATE OF
COLORADO, by and Through Its
ATTEST: m ' , BOARD OF COUNTY COMMISSIONERS
By:
Johnnette Phillips, Chairman
By:
Sara J. Fishe
Clerk to the Board of
County Commissioners
4 ' (
mes E. Johnson, Jr, Commr r
Tom Stone, C ommission er
Commissioner V seconded adoption of the foregoing
resolution. The roll having been called, the vote was as follows:
Commissioner, Tom Stone
Commissioner, James E. Johnson, Jr. eaGx _
Commissioner, Johnnette Phillips _ L
This Resolution passed by , (5 vote of the Board of County Commissioners of
the County of Eagle, State of Colorado.
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