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Home My WebLink AboutR08-142 Ewing Parcel 1041 Permit Approval EAGLE COUNTY, CO 200908331 R TEAK J SIMONTON Pgs: 5 03 :50:56PM 05/04/2009 REC: $0.00 DOC: $ 111 1 11 1111 111 111 11 1 11111 11 1 Commissioner 1 l C ► moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2008 / ° RESOLUTION FOR APPROVAL, OF A 1041 PERMIT TO ALLOW MAJOR EXTENSION OF A SEWER LINE TO THE WEST EAGLE ADDITION (EWING PARCEL) File Number 1041 -1547 WHEREAS, on our about July 21, 2008, the Town of Eagle submitted to the Eagle County Department of Community Development the "Application" PP lication" for the approval of a 1041 Permit for the extension of an existing Town of Eagle wastewater treatment system across the Green Acres Mobile Home Park parcel to serve the West Eagle Addition property (The Ewing Parcel); and WHEREAS, the Board of County Commissioners ( "the Board "), in its capacity as the Eagle County Permit Authority, conducted a public hearing on December 9, 2008 to consider the Application; and WHEREAS, the Board,•acting as the Permit Authority, has considered all the evidence, exhibits and arguments presented at 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 6.04.01, 6.04.02 and 6.04.03 of the County Land Use Regulations: In accordance with the Eagle County Land Use Regulations, Section 6.04.01, Permit Application Approval Criteria for Matters of State Interest, and as more specifically described in the application materials. (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. 1 (3) The Project is consistent with relevant provisions of applicable land use and water quality plans. (4) The applicant has the necessary expertise and financial capability to develop and operate the Project consistent with all the requirements and conditions. (5) The Project is technically and financially feasible. (6) The Project is not subject to significant risk from natural hazards. (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 or quantity of recreational opportunities and experience. (12) The planning, design and operation of the Project reflects principals of resource conservation, energy efficiency and recycling or reuse. (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 groundwater 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 cause a nuisance. 2 (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. In accordance with Eagle County Land Use Regulations Section 6.04.02, Additional Criteria Applicable to Municipal and Industrial Water Pro'e~ cts, and as more specifically described in the application materials. (1) The Project emphasizes the most efficient use of water, including the recycling, reuse and conservation of water. (2) The Project will not result in excess capacity in existing water or wastewater treatment services or create duplicate services. (3) The Project is 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 will be accomplished in a manner that will prevent the pollution of aquifer recharge areas. In accordance with Eagle County Land Use Regulations Section 6.04.03, Additional Criteria Applicable to Major New Domestic Water and Wastewater Treatment Systems and MaL Extensions o Existing Domestic Water and Wastewater Treatment Systems, and as more specifically described in the application materials. (1) The Project is reasonably necessary to meet projected community development and population demands in the areas to be served by the Project, and to comply with regulatory or technological requirements. (2) To the extent feasible, wastewater and water treatment facilities will be consolidated with existing facilities within the area. (3) New domestic water and sewage treatment systems will be constructed in areas which will result in the proper utilization of existing treatment plants and the orderly development of domestic water and sewage treatment systems of adjacent communities. (4) The Project is permitted in those areas in which the anticipated growth and development that may occur as a result of such extension can be accommodated within the financial and environmental capacity of the area to sustain such growth and development. Special Use Permit Waiver: In accordance with Chapter II, Article 3, Section 3.310.I.2, Waiver Provision, of the Eagle County Land Use Regulations, the Special Review Use Permit application for water and sewer projects maybe waived in whole or in part by the Board of County Commissioners upon a written petition by the applicant showing that: 3.310.I.2.a. A permit application pursuant to Chapter 6, Sections one through five of the Eagle County Guidelines and Regulations for Matters of State Interest has been submitted to the Eagle County Permit Authority relative to this land use which would be the subject of a special use permit application. 3.310.I.2.b. Compliance with the Special Use Review Permit requirements would be unreasonably burdensome for the applicant. The applicant has requested a waiver of the Special Use Review Permit requirements as such application would serve no further legitimate planning, zoning or other land use objective. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the permit for Major Extension of Existing Water and Sewage treatment Systems and for Efficient Utilization of a Municipal Water Project be and is hereby granted subject to the following condition of approval: 1. That except as otherwise modified by the Permit, all material representations of the Applicant in this permit application, correspondence, and public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 2. That the re-establishment of the riparian zone located on the southern side of the project area within the deeded easement [Eagle County] shall be constructed to meet the minimum standards outlined in the proposed revegetation/mitigation plan outlined in the applicant proposal. That if work within the deeded easement can not be negotiated within the current easement agreement, an alternate site on Brush Creek shall be chosen and this equivalent riparian mitigation work shall meet the minimum standards outlined in the proposed revegetation/mitigationplan as prepared by Western Ecological Resources for the North side of the project area contained in the applicant proposal. THAT, the Applicant's request for waiver of the Special Use Permit requirements in accordance with Section 3-310.I.2 of the Eagle County Land Use regulations is hereby granted. 4 THAT, the Board of County Commissioners hereby directs the Department of Community Development to provide a copy of this Resolution to the Applicant. THAT, the Board of County Commissioners 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 this , 2008, nunc pro tunc to the 9th day of December, 2008. ATTEST: By: ;~~ . . _ e , .t " t .' COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: Peter F. Runyon, Chairman .~- 0 Sara her, ommissioner enconi, Commissioner Commissioner ~ ,S ~-' seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner, Peter F. Runyon Commissioner, Sara J. Fisher Commissioner, Arn M. Menconi ~.~ ~~- ~t'ti ~ Gc ~ This Resolution passed by ~ - ~ vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 5 County Commissioners