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HomeMy WebLinkAboutR04-112 Permit to Construct Water & Sewage Treatment Systems .1111111 IIIIIiII 111111 II III 8 Page: 1 of 8 Teak J Simonton Eagle, CO 870 R 0.00 11/03/2004 04:09P .00 D 0.00 Commissioner / � ,/C 0 A(J moved adoption of the following Resolution: 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 TOWN OF EAGLE WATER TREATMENT PLANT PRETREATMENT FACILITY LOCATED SOUTH OF EAGLE, COLORADO File Number 1041 -0056 WHEREAS, on or about July 12, 2004, the Town of Eagle (hereinafter "Applicant ") submitted to the Eagle County Department of Community Development an application for a Major Extension of an Existing Domestic Water Treatment System to serve a new pretreatment facility at the Town's existing domestic water treatment plant located 7 miles south of the Town on Brush Creek Road; and WHEREAS, the Applicant requested the approval of a 1041 Permit which would allow for development as follows: The construction of a new building to enclose water pretreatment equipment, and the construction of a series of outdoor drying beds and water storage lagoons. The pretreatment will remove fines from raw water through the process of coagulation, flocculation and settling. Solids from the settling tanks will be placed in the drying beds before being collected and shipped to the local landfill. See Exhibit A, Site Plan and Exhibit B, Legal Description of the property; 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 1 • • • WHEREAS, the Board of County Commissioners of 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 September 28, 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 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. 2 • • 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. 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 will emphasize 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 will 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 will be accomplished in a manner that will prevent the pollution of aquifer recharge areas. 3 • • Pursuant to Eagle County Land Use Regulations Section 6.04.03, Additional Criteria Applicable to Major New Domestic Water and Wastewater Treatment Systems and Major Extensions of Existing Domestic Water and Wastewater Systems 1) The Project is reasonably necessary to meet projected community development and population demands in areas to be served by the Project, or to comply with regulatory or technological requirements. 2) The proposed water treatment facilities will be consolidated with existing facilities within the area. 3) The Project will be constructed in an area 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 will be 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. 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: 1. That a grading permit be obtained from Eagle County Engineering for the preparation of the site and a building permit be obtained from the Eagle County Department of Community Development for the construction of the pretreatment facility. 2. That a Hazardous Materials Management Plan for the treatment plant be submitted and approved by Eagle County Environmental Health prior to issuance of a building permit for construction of the new facility. 3. That a landscape plan indicating additional evergreen trees of appropriate size in the area between the proposed drying beds and Brush Creek Road for the purpose of visual screening be submitted with and made a part of the application for a building permit. 4. 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. 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 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 ab day of J(To84.R 2004, nunc pro tunc to the 28 day of September, 2004. all v By :., (2 B TT eak J. Simonton Tom . Stone, hairman Gto Clerk to the Board of O c�'c County Commissioner ; °couao 4 t4. - L. Gallagher, Commissioner • % • ►� -mom', Commissioner Commissioner Sr() (\J C- seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner, Tom C. Stone Ry e Commissioner, Michael L. Gallagher Commissioner, Arn M. Menconi AY This Resolution passed by a -Q vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 5 1/14/04 15:28 CURT R15 P:\EAGLE\EACLE33-WTP\ BASES\XC-E-MAIL-TOPO-1()-94-03.DWG XREFS: P:\EAGLE\EAGLE33-WTP\BASES\XC-REVISED PARCEL.DWG; �o 0 : t- > � n m > b �� �,; , , , Ill ��,��.. 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Box 609 • Eagle, CO 81631 4 ' ' (970) 328 -6354 • Fax (970) 328 -5203 . 14V - WATER PLANT PRE-TREATMENT FACILITY Legal Description A parcel of land located in Tract 86, S W 1 /4, Section 36, Township 5 South, Range 84 West of the Sixth Principal Meridian, Eagle County, Colorado, being more particularly described as follows: Beginning at a point on the southerly line of the Town of Eagle Water Treatment Facility Subdivision as recorded in Book 513 at Page 708 in the office of the Eagle County Clerk and Recorder, from which the Southeast corner of said Subdivision, thence S 00 °28'36" E, 849.73 feet; thence S 89 °46'28" W; thence N 24 °36'53" E, 372.89 feet; thence N 07 °28'51" E, 282.38 feet; N 00 °52'06" E, 49.47 feet; thence N 24 °06' 17" W, 199.58 feet to the Southwest corner of said Town of Eagle Water Treatment Facility Subdivision; thence along the southerly line of said Subdivision N 89 °46'28" E, 314.24 feet to the Point of Beginning, containing 5.796 acres more or less. H: \P &Z Folders &Files\EagleCountyLURs \SubExmptLegal.doc