HomeMy WebLinkAboutR98-087 Efficient Utilization of a Municipal Water Project Extension 11
Commissioner a-6-0 moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 98 - S�
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 - 0014
WHEREAS, Stag Gulch Partners, (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
the Mountain Tract and Territories PUD (Exhibit A), specifically, a project to construct 250,000
gallons of raw water storage on the Mountain Tract, routing of new water distribution lines; all as
more specifically described in the application; and,
WHEREAS, the Eagle County Planning Commission conducted a public hearing on June
17, 1998, after publication and notice as required by law, to consider Applicants request to
conduct the following activities of state interest:
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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 July 13, 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 6.04.15 of the Eagle County Land Use Regulations, and as
more specifically described in the application for the Mountain Tract Water System.
11111111111111111111111111 11111111111 1111 11111
664903 08/04/1998 01:17P 370 Sara Fisher
1 of 10 R 0.00 D 0.00 N 0.00 Eagle CO
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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 and wastewater 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 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.
f. Existing domestic sewage treatment facilities servicing the area must be at or
greater than eighty percent (80 %) of operational capacity;
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;
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FINDINGS: The scope and nature of the proposed development will not compete with existing
water or sewage services, as it is not offering water taps outside their existing
subdivision.
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,
but are proposed as a new facility to enhance the capability of the existing systems
that it will be connected to.
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 wastewater 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 Far
Western 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;
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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 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
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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 develop-
ment.
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 commu-
nities within the development area and source development area.
In accordance with Section 6.05.15 of the EakIeetilbegtrjalinads, approval of the Permit application:
a. The need for the proposed water project can be substantiated;
FINDINGS: The need for the proposed water and wastewater system can be substantiated
based on historic growth rate.
b. Assurances of compatibility of the proposed water project with Federal, State,
Regional, and County planning policies regarding land use and water resources;
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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;
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.
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
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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 communi-
ties 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.
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 of County Commissioners hereby approves this permit application,
with the following conditions:
1. Except as provided in Condition #3, this permit is ineffective until final plat ap-
proval of the Mountain Tract PUD, as incorporated to the Cordillera PUD, by Eagle
County.
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2. The approval of Lower water tank location depicted on the Mountain Tract
Plans nullifies the previously approved water tank location on the Far
Western Parcel, as approved by the Eagle County Permit Authority on May
27, 1997 in the Far Western Parcel 1041 permit application 1041 -0004.
3. This permit is valid with respect to the construction of the Lower water tank,
as depicted on the detailed drawings submitted with the permit application,
together with all appurtenances and lines solely for service to the Far West-
ern Parcel, immediately, and regardless of the approval or disapproval of a
final plat for the Mountain Tract PUD.
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
Count of Eagle, State of Colorado, at its regular meeting held the day of
, 1998; nunc pro tunc July 13, 1998.
COUNTY OF EAGLE, STATE OF
COLORADO, by and Through Its
ATTEST: /1 1 BOARD OF COUNTY COMMISSIONERS
eoC pyLl`� � i l
By: Jo • Aimee.
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Sara J. Fishe .'mes E. Johns Jr., Chi
Clerk to the Board of
County Commissioners
/ Joh4tte Phillips, Commissio f er
Geor:%A. Gates, Commissioner
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Commissioner -01/14 seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner, George A. Gates
Commissioner, James E. Johnson, Jr.
Commissioner, Johnnette Phillips
This Resolution passed by 3 — vote of the Board of County Commissioners of
the County of Eagle, State of Colorado.
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