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HomeMy WebLinkAboutR04-072 Heritage Park PUD Water and Sewage Systems Major Extensions I II II II II I III II III I II 883132 › i ' C ■ Page: 1 of 5 07/07/2004 03:1 Teak J Simonton Eaeie, C0 370 R 0.00 D 0.00 Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS JJ O L 2 p 2.004 COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2004- p `� Et' t. CON1N APPROVAL OF A PERMIT TO CONSTRUCT MAJOR EXTENSIONS OF EXISTING DOMESTIC WATER AND SEWAGE TREATMENT SYSTEMS AND FOR THE EFFICIENT UTILIZATION OF A MUNICIPAL WATER PROJECT IN ORDER TO SERVE THE HERITAGE PARK PLANNED UNIT DEVELOPMENT LOCATED IN EDWARDS, COLORADO File Number 1041 -0053 WHEREAS, on or about December 12, 2003, Heritage Park Building and Development, Inc. (hereinafter "Applicant ") submitted to the Eagle County Department of Community Development an application for a Major Extension of an Existing Domestic Water and Sewage Treatment System to serve the Heritage Park Planned Unit Development, described as follows: A residential development of twenty four (24) single family homes (Eagle County companion File PDP- 00026) located on 11.4 acres north of Allen Circle, which is a part of the Homestead Subdivision. The project is within the Edwards Metropolitan District, and would be served by domestic water and sewer lines owned and operated by the Eagle River Water and Sanitation District; and WHEREAS, in accordance with Chapter II, Article 3, Section 3.310.I.2, Waiver Provision of the Eagle County Land Use Regulations, the Applicant requested a waiver from the requirement for a Special Use Permit by the Board, as such application for Special Use would serve no further legitimate planning, zoning or other land use objective; and, WHEREAS, notice of the application was given to all proper agencies and departments as required by the Eagle County Land Use Regulations, Section 5- 210.E; and WHEREAS, the Board of County Commissioners the County of Eagle, State of Colorado (herein after "the Board "), in its capacity as the Eagle County Permit Authority, conducted a public hearing on June 15 2004, to consider the Applicant's request; and WHEREAS, based on the evidence, testimony, exhibits, comments of the Eagle County Department of Community Development, comments of public officials, agencies, and interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado, acting as the Permit Authority, finds as follows: 1 Pursuant to Eagle County Land Use Regulations Section 6.04.01, Permit implication Approval Criteria for matters of State Interest, 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. 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 requirements and conditions. 5) The Project is technically and financially feasible. 6) The project is not subject to significant risk from natural hazard. 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 of recreational opportunities and experience. 12) The planning, design and operation of the Project shall reflect 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 ground water quality. 17) The Project will not significantly degrade wetlands and riparian areas. 2 a' 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 create a nuisance. 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 do 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. Pursuant to Eagle County Land Use Regulations Section 6.04.02, Additional Criteria Applicable to Municipal and industrial Water Projects, 1) The Project shall emphasize the most efficient use of water, including the recycling, reuse and conservation of water. 2) The Project shall not result in excess capacity in existing water or wastewater treatment services or create duplicate services. 3) The Project shall be 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 shall be accomplished in a manner that will prevent the pollution of aquifer recharge areas. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: 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. 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 conditions: 3 1 1. That, reference referral responses from Eagle County Engineering, 02/02/04, the Colorado Water Quality Control Division, 01/29/04, and the Northwest Colorado Council of Governments, O1/29I04, a CPDES (Colorado Pollutant Discharge Elimination System) Permit shall be obtained prior to any disturbance on the site. 2. That all issues related to site drainage, erosion control and storm water detention and system maintenance, as identified in the referral response from Eagle County Engineering (02/02/04) and the Northwest Colorado Council of Governments, (01/29/04) be fully addressed to the satisfaction of the Eagle County Engineer prior to, any disturbance on the site. 3. 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. 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 further finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the inhabitants of the County of Eagle, State of Colorado. 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 ~.~. , 2004, nunc pro tunc to the 15th day of June, 2004. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS 4~~ a . n ". By: ~ C ~ '~ ak J. Simontg Tom . Ston ,Chairman Clerk to the Board f County Commissioners //~ ~ ../~ ~ _ Gallagher, C Menconi, Commissioner 4 t' Commissioner z-~ , ~I,~ seconded adoption of the foregoing resolution. The roll having been called, the vote was s follows: Commissioner, Michael L. Gallagher ~i ,, Commissioner, Tom C. Stone ~c.. Commissioner, Arn M. Menconi This Resolution passed by .~ the County of Eagle, State of Colorado. vote of the Board of County Commissioners of 5