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Home My WebLink AboutR98-079 Efficient Utilization of a Municipal Water Project Extension • Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 98 - 79 APPROVAL OF PERMIT 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 -0011 WHEREAS, Jay McGarvey, (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 Sopris Mesa Subdivision; and WHEREAS, the Roaring Fork Regional Planning Commission conducted a public hearing on May 7, 1998, after publication and notice as required by law, to consider Applicant's 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 June 1, 1998, 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 6.04 of the County Land Use Regulations: In accordance with Section 6.04.13 of the Eagle County Land Use Regulations, and as more specifically described in the application for the Sopris Mesa Water System: 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 1 111111 11111 1111111 1 11111 I III 11111 1111 1111 660047 06/19/1998 10:59A 370 Sara Fisher 1 of 12 R 0.00 D 0.00 N 0.00 Eagle CO • • 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 system for the development in question and the development from which the water is being extended from. 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. 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, have been deemed to 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. This extension proposes to correct deficiencies with existing systems and supply water to the proposed development. 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; 2 • • FINDINGS: The proposed extension of the existing water supply system is necessary to serve the proposed development on site and will not compete with existing water or wastewater 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: The proposed extension does not intend to repair or replace an existing system. simply to extend new main lines. 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 improved water 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 system servicing the Sopris Mesa Property are on property owned by the developer. 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 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 3 • • 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. 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; 4 • 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. 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, 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. 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 can be substantiated based on historic and new growth rate. 5 • • 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: 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. Once construction is complete, disturbed soils would be reclaimed and revegetated. 6 • • 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. 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. 7 • • 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. THAT, The Board hereby approves this application for a permit to extend a major water system from Aspen Mountain View Subdivision to Sopris Mesa Subdivison, and efficiently utilize the water provided thereto with the following condition(s): 1. This 1041 permit is ineffective until the final plat of Sopris Mesa is approved and recorded by Eagle County. 2. An executed easement agreement to permit grading and construction of the foundation of the proposed 120,000 gallon steel water tank must be submitted prior to submitting the application for final plat of Sopris Mesa. 3. The applicant, at his own expense, will enter system wells into a monitoring program with the Basalt Water Conservancy District. 4. The tanks will be bermed and landscaped with adequate irrigation provided. A landscape plan will be submitted with the Final Plat application, and must be approved by the Community Development Department before Final Plat recording. 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 day of , 1998; nunc pro tunc June 1, 1998. 8 r . • • °c COUNTY OF EAGLE, STATE OF ) K COLORADO, by and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS i B •■1 ∎ / /icei _ ii __ ., % � Sara J. Fisher ames E. . son, r. . irman Clerk to the Board of County Commissioners / / ," AP /" i Johnette Phillips, Commissioner / .1 ,. I .i. Georg-/ . Gates, Commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner, George A. Gates C� Commissioner, James E. Johnson, Jr. /-e-- Commissioner, Johnnette Phillips /,� This Resolution passed by )(/f4// of the Board of County Commissioners of the County of Eagle, State of Colorado. h: Iplanning11041 I resolutn I soprismsa. res 9 • • EXHIBIT A: LEGAL DESCRIPTION OF SOPRIS MESA SUBDIVISION t 1 EXHIBIT A LEGAL DESCRIPTION A parcel of land located in Sections 21, 22, and 28, Township 7 South, Range 87 West of the Sixth Principal Meridian in the County of Eagle, State of Colorado according to the Independent Resurvey of said Township and Range as approved by the Office of the U.S. Supervisor of Surveys on November 15, 1930. Said parcel being part of the "Future Development" as shown on the Aspen, Mountain View, Second Filing as on file in the Eagle County Clerk and Recorders office in book 365 at page 922. Bearings for this description being based on a bearing of S50 ° 52' 18 "W between the northeasterly corner of Parcel A as shown hereon, a number five rebar with a 1 '/ inch aluminum cap found marked "P.L.S. 20695 ", and the Southwest Corner of the N''/ of the NE 1/4 of said section 28, a number five rebar with an illegible plastic cap found. Said Parcel A being more particularly described as follows: Commencing at the northwest corner of Lot 1 of The Meadows, Aspen, Mountain View, Second Filing, The Point of Beginning; thence S.00° 17'45 "W 476.08 feet along the westerly line of said Lot 1 to a point on the northerly Right of Way line for Fender Lane, a number five rebar with a 1 '/z inch aluminum cap found marked "L.S. 11204 "; thence, leaving said Lot 1, N89 °43'29 "W 748.38 feet along said northerly Right of Way line; thence N89 °22'04 "W 614.15 feet along said northerly Right of Way line to the Southwest Corner of the N '/z of the NE 1/4 of said Section 28, a number five rebar with an illegible plastic cap found; thence, leaving said right of way line, N01 °57'59 "E 1325.51 feet to the North 1/4 Corner of said Section 28, a stone monument with a 3 inch aluminum cap on a one inch bar found marked "H.C.E. Inc. 19598 1995 "; thence 1 S89 °50'33 "E 1305.42 feet to the Southwest Corner of the SE 1/4 of the SE 1/4 of said Section 21, a number 5 rebar with a 1 ' inch aluminum cap found marked "R.L.S. 14109 "; thence N00 °45'26 "E 1341.98 feet to the Northwest Corner of the SE 1/4 SE 1/4 of said Section 21; thence S89 °47'31 "E 1308.81 feet to the Northeast Corner of the SE 1/4 SE 1/4 of said Section 21 a number five rebar with a 1 '/z inch aluminum cap found marked "L.S. 5993 Jerome Gamba "; thence N00 ° 55'03 "E 380.00 feet to the Southwest corner of Lot 20 of the Oak Ridge III, Aspen, Mountain View, Filing No. 3, a number five rebar with a 1 '/z inch aluminum cap marked "P.L.S. 26095 "; thence the following five courses along the southerly line of said Oak Ridge III: 1) thence S48 °59'47 "E 405.93 feet to a number five rebar with a 1 '/2 inch aluminum cap found marked "P.L.S. 20695 "; 2) thence S63 °02'43"E 100.86 feet to a number five rebar with a 1 '/ inch aluminum cap found marked "P.L.S_ 20695 "; 3) thence S05 °25'59 "E 100.00 feet to a number five rebar with a 1 '/2 inch aluminum cap found marked "P.L.S. 20695 "; 4) thence 205.79 feet along the arc of a nontangential curve to the left having a radius of 622.40 feet a central angle of 36 °35'34 ", the chord of which bears N66° 16'14 "E 390.78 feet; f; 5) thence N47 °58'27E 311.13 feet to a point on the Westerly line of Lot 16 of The Meadows, Aspen, Mountain View, Second Filing, a number five rebar with a 1 '/2 inch aluminum cap marked , • • "p.L.S. 20695 "; thence, leaving said Oak Ridge III, S10° 11'19 "E 479.02 feet along the westerly line of said Lot 16, thence S10 ° 00'00"W 591.59 feet along said westerly line; thence, leaving said Lot 16, N80 °00'00"W 512.58 feet to a point on the northerly line of a 15 foot Equestrian easement as platted in said Aspen, Mountain View, Second Filing; thence N73 °18'03"W 208.81 feet along the northerly line of said easement; thence, leaving said easement, S60 °03'39 "W 421.05 feet; thence N70° 17'02 "W 54.34 feet; thence N73 °09'09 "W 77.35 feet; thence S76 °22'09 "W 114.50 feet; thence S64 °34'51 "W 58.48 feet; thence N87 ° 47'30 "W 104.24 feet; thence N42 °38'51 "W 81.62 feet; thence N60 °39'42 "W 48.51 feet; thence S85 °36'52"W 30.09 feet; thence S63 °14'22"W 48.75 feet; thence S74 °44'27 "W 72.74 feet; thence N82 °55'41 "W 55.19 feet; thence N86° 54'51 "W 116.14 feet; thence N7 1 ° 14'04 "W 54.22 feet; thence S26° 48'04 "W 40.26 feet; thence S24° 18'22 "W 67.42 feet; thence S02 °20'04 "E 94.40 feet; thence( S63 ° 20'46 "W 106.52 feet; thence S25 °00'00 "E 80.00 feet; thence 698.92 feet along the arc of a curve to the right, having a radius of 470.00 feet and a central angle of 85°12'10", the chord of which bears S17 °36'05 "W 636.28 feet; thence S60° 12'10 "W 80.86 feet; thence S00° 17'45 "W 516.17 feet to the Point of Beginning Said parcel contains 88.677 acres or 3,862,780 square feet, more or less.