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HomeMy WebLinkAboutR09-010 Approval 1041 Permit Ruedi Shores MetroCommissioner ~~~., vti moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2008- ~ ( ~ RESOLUTION FOR APPROVAL OF A 1041 PERMIT TO ALLOW MAJOR NEW WATER TREATMENT SYSTEM FOR THE RUEDI SHORES SUBDIVISION (RUEDI SHORES METROPOLITAN DISTRICT) File Number 1041-1974 WHEREAS, on our about August 18, 2008, the Ruedi Shores Metropolitan District submitted to the Eagle County Department of Community Development the "Application" for the approval of a 1041 Permit for the installation of a major new water treatment system within the Ruedi Shores Subdivision, as well as, on, over and across the "Holton" parcel to serve the Ruedi Shores Subdivision. WHEREAS, the Board of County Commissioners ("the Board"), in its capacity as the Eagle County Permit Authority, conducted a public hearing on January 13, 2009, 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: Pursuant to Eagle County Land Use Regulations, Section 6.04.01, PermitApplication Approval Criteria for Matters of State Interest, and as more specifically described in the application materials. (1) Documentation HAS BEEN provided demonstrating that 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. 1 (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 WILL 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 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) Tlie 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. Pursuant to Eagle County Land Use Regulations Section 6.04.02, Additional Criteria ~plicable to Municipal and Industrial Water Projects, and as more specifically described in the application materials. (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 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. 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 oj'ExistinQ Domestic Water and Wastewater Treatment S sty ems, 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, or 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 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 3 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 may be 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 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 Board of County Commissioners hereby directs the Department of Community Development to provide a copy of this Resolution to the Applicant. 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: 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. A dust suppression plan be prepared and submitted with the grading permit application; 3. The applicant incorporates additional water conservation techniques and methods into, protective covenants for the subdivision; 4. The applicant shall coordinate final system design with the Basalt and Rural Fire Protection District (the "District") to ensure proper (allowable) fire flow and to avoid negative system pressures during fire flow operations within the water 4 distribution system. The applicant shall submit "as-built" drawings to Eagle County and the District verifying compliance with the District's standards and requirements upon completion of the system installation; 5. The applicant shall comply with all comments and conditions as listed on the referral response letter from the Eagle County Engineering Department dated December 30, 2008. - 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 , 2009, nunc pro tunc to the 13th day of January, 2009. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: By; By: Sara J. Fisher, airman ~tetr F. Runyon, Cow' loner Commissioner ~T~~~ ~ Commissioner ~ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner, Peter F. Runyon IQ-,~ Commissioner, Sara J. Fisher a Commissioner, Jon Stavney y ~J This Resolution passed by l ~ vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 5 Clerk to the Board of County Commissioners ~ ti', ~ Vf~