HomeMy WebLinkAboutR04-087 Vail Christian High School PUD Water and Sewage Treatment Systems 882 :58P
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08/20/200 846 ,
Teak J Simonton Eagie: C0 370 R 0.00 D 0.00
Commissioner ►` moved adoption
of the following Re olution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2004-
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 VAIL CHRISTIAN HIGH SCHOOL PLANNED UNIT
DEVELOPMENT LOCATED IN EDWARDS, COLORADO
File Number 1041 -0054
WHEREAS, on or about June 11, 2004, Vail Christian Schools and the Eagle River
Water & Sanitation District (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 Vail Christian High School
Planned Unit Development, described as follows:
A mixed -use development consisting of: A 7.278 acre campus for the Vail Christian
High School with up to 70,000 square feet of building area; a 5.023 acre site for an
interfaith chapel and community outreach facility of up to 22,500 square feet; a 1.897
acre commercial office/ retail site for of up to 20,000 square feet; 119.50 acres of
designated private Open Space, and; 66.6 acres of land underlying various public
rights -of -way and the Union Pacific Railroad. (Eagle County companion File No.'s
PDP -00027 and ZC- 00068). In total, the subject property consists of 205.40 acres of
which 58% is designated as private Open Space. The project is situated within the
Edwards Metropolitan District, and will 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 depaitiiients
as required by the Eagle County Land Use Regulations, Section 5- 210.E; and
WHEREAS, the Board of County Commissioners of the County of Eagle, State of
Colorado in its capacity as the Eagle County Permit Authority (hereinafter "the Board or
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Permit Authority"), conducted a public hearing on July 27, 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:
Pursuant to Eagle County Land Use Regulations Section 6.04.01, Permit Application
~proval 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.
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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.
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:
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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 condition:
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.
THAT, the Eagle County Permit Authority hereby directs the Department of Community
Development to provide a copy of this Resolution to the Applicant.
THAT, the Permit Authority 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 17th day of August, 2004,
nunc pro tunc to the 27th day of July, 2004.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
ATTEST: o~ ~`~F ~
c
Bv:C ~1~'!~~ i/
Teak J. Simdnton "
Clerk to the Board of
County Commissioners
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Commissioner seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner, Tom C. Stone
Commissioner, Michael L. Gallagher
Commissioner, Arn M. Menconi
This Resolution passed by ~ / ~ vote of the Board of County Commissioners of
the County of Eagle, State of Colorado.
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