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HomeMy WebLinkAboutR99-069 1041 for Lake Creek MeadowsCommissioner J14 moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 99 - &— APPROVAL OF PERMIT AMENDMENT TO CONSTRUCT A MAJOR EXTENSION OF EXISTING DOMESTIC WATER TREATMENT, STORAGE, AND DISTRIBUTION SYSTEMS AND FOR THE EFFICIENT UTILIZATION OF A MUNICIPAL WATER PROJECT. File Number 1041 -0017 (Amendment) n WHEREAS, The Lake Creek Metropolitan District, (hereinafter "Applicant'), submitted to the Eagle County Department of Community Development an application to construct a major extension of existing domestic water treatment, storage, and distribution system to serve areas referred to as Lake Creek Metropolitan District, specifically, a project to construct an underground 200,000 gallon water tank on Lot 22 of Lake Creek Meadows Subdivision; and WHEREAS, after publication and notice as required by law, to consider Applicants request to conduct the following activities of state interest: 6.04: Major Extensions of Existing Domestic Water and Sewage Treatment Systems; and 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 April 26, 1999, to consider the Application for permit amendment; 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 6.04 of the County Land Use Regulations: 111111111111111111111111111111111111111111111111111 IN 696962 05/13/1999 03:20P 370 Sara Fisher 1 of 9 R 0.00 D 0.00 N 0.00 Eagle Co In accordance with Section 6.04.15 of the Eagle County Land Use Regulations, and as more specifically described in the application for the Lake Creek Metropolitan District System Tank Amendment: 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; FINDINGS: This extended water system, as proposed, will result in proper utilization of the water supply and wastewater systems for the 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; 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. physical and legal water. 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: Existing water storage systems in the region are at or near operational capacity, and originally designed to serve only their respective developments. Additionally, water loss through defective storage needs immediate correction. f. Existing domestic sewage treatment facilities servicing the area must be at or greater than eighty percent (80 %) of operational capacity; 2 FINDINGS: Existing systems are near capacity, or with little capacity which would require prohibitive costs to the feasibility of the proposed project. g. The scope and nature of the proposed development will not compete with existing water and sewage services or create duplicate services; FINDINGS: The scope and nature of the proposed development will not compete with existing water or sewage services. h. Age of existing water and sewage systems, operational efficiency, state of repair or level of treatment is such that replacement is warranted; FINDINGS: Replacement is warranted by the applicant. I. Area and community development and population trends demonstrate clearly a need for such development; FINDINGS: Area and community development and population trends demonstrate clearly a need for increased domestic water supply storage and conveyance systems. 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. k. Appropriate easements can be obtained for any associated collector or distribution system that will serve existing and proposed needs; FINDINGS: All easements required for proposed water and sewer systems servicing the Lake Creek Metropolitan District are on property owned by a private property owner in the district, or public property which is being for the benefit of this amendment. 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: The benefits of the proposed domestic water storage system outweigh the losses of any natural resources or agricultural lands rendered unavailable as a result of the project. m. The proposed development will not decrease the quality of peripheral downstream surface or subsurface water resources below that designated by ar 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 if non -point source water pollution control techniques are properly implemented. n. The proposed development or its associated collector or distribution system or new service areas will not violate Federal or State air quality standards; 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 endangered 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 geologic, 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. � y 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 owner of the proposed development. 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; FINDINGS: The development site of the proposed water and sewage system extension is not subject to significant risk from earthquakes, floods, fires, landslides, avalanches, rock slides, or other disasters which could cause a system operation breakdown. 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 development will not significantly impact existing or proposed communities within the development area and source development area. FINDINGS In accordance with Section 6.05.15 of the Eagle County Land Use Regulations, approval of the Permit application: a. The need for the proposed water project can be substantiated; 5 } FINDINGS: The need for the proposed water system can be substantiated based on historic growth rate and current water system deficiencies. 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, 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. 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, through its water conservation plan and associated protective covenants, implement policies and practices that will assure the efficient utilization of water resources delivered through the domestic water system, as well as the efficient use of water. The potential to pollute aquifer recharge areas was not identified as a potential problem. d. Provisions to insure that the proposed water project will not contaminate surface water resources; FINDINGS: 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; L 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. Once construction is complete, disturbed soils would be reclaimed and revegetated. } 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 archaeological 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; 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 communities within the development area and source development area. FINDINGS In accordance with Section 2.09.04 (3) of the Eagle County Land Use Regulations, approval of the Permit application: C. 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: 2. 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. _t e3 THAT, the Board of County Commissioners hereby approves this permit with the following condition(s): 1. Best Management Practices for erosion and sediment control shall be Clerk to the Board of County Commissioners installed and maintained during the construction of this water tank. Erosion and sediment control plans, which specifically address installation and maintenance of control structures, shall be submitted for sufficiency review by the Eagle County Environmental Health and the County Engineer prior to any disturbances on site. 2. This 1041 permit amendment shall be revoked if the Petition to Vacate the Public Way (File G- 00006) for the said tank placement is not approved by Eagle County. . 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. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the Z6U ,, day of 1999; nunc pro tunc April 26, 1999. COUNTY OF EAGLE, STATE OF i -�, .'• COLORADO, by and Through Its ATTEST: n ' iz;` �`r BOARD OF COUNTY COMMISSIONERS In B3�2 Johnette Phillips, Chairman t 1.1 Tom C. Stone, Commissioner _ Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner, Johnette Phillips Commissioner, James E. Johnson, Jr. . Commissioner, Tom C. Stone 2 j�t This Resolution passed by - 0_ vote of the Board of County Commissioners of the County of Eagle, State of Colorado. h: Iplanning110411 resolufnVakecrk2. res