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HomeMy WebLinkAboutR10-048 1041 Permit Cordillera Valley Club Water Storage Tank• EACaLE CgUNTY. CO ~ '~ ~, ~0Q4 TEAK J Sit1~i4[~i c / C ,}r ~y {{ Pgs: S 93=48: ISPtt ~+~( ~J( ~~ # REG= ~d.80 pOC~ S S ` ` i ~I~~ ~~~ ~ ~ ~II~ II ~~~~ ~I ~ I~ (~ Ccniunisicmer t,~c~,vcd udc~piic~n ctfithe foliowi ~ Ite.~lutiun: 13C}~1RE) CIF COUyTY COMiNISSIn~l~:RS Gt)LiV`i'Y 4E E~-GE.Ec ~Trl`E°E ~F Ct)Lt)R:4D( RESt)LUTEt)N C'C)R ,~I'PItUV11L C)E A IU~I PERMIT TtJ ALL41~V FCIR THE tC:'t)ivS'fltU(;'CIQN OE: ~1 E3E,JItI2tEQ 2.3 h1ILLtON GALLQN ~YATER STnRAGE TANK t~ ile Number I041-2332 ~VEIEEtE f1fi. t>n czar aFirrut ~Itay ?7`''. ?t30ai Upper Eagle Re~tonttl Witter Authority subrnittecl to the E,~.r~~le Ctaunty Department of Community Ueveloprnent the .`Application"' for the approval ol- a lCktl Permit ttrrr the uanstructton of a buried 2,~ mtilion ~uilon water sttara~e tank an the UP`S parcel dust I~lorth ot` the Cc~rdil{era Valley Club. W Hr~REt1S. [he F3crlr;t ot~ Cc~unry Cornmissionc:rs {"the Sctard"), in its canucity as the i~a~lc Cb~unty Perna t ,~u[honty, ct?nducted a public heunng on t':)ctober ?~', 2t,~ ti, consider the -lffiaii~=.[tton, ant! 1VHEREf~S, the 13cuirti, actiiia as the Permit r~uthoi~ity, has t;c~tisiclercci all the evidence. exhibits ant! ae<vuments ~re:;cnteei :it the hearm~s. VVNEFtEI~+C7EZE, based ern the evidence presentcci, the Permit Authority makes thta l'ollowin~ tindin~s with reeard to tcse `'Applicattc~n" as it ~rtains tra Section 6.fkt_01. b.(~.t}3 and ~i O~.t?3 of the County Land t~se E2e~ul:itians: Pursuant to Eaw=Ic County Lanai [,'c €tcgulations. Sectit~n G:CkI`.fll,. f'er,t,ir :1)~nlic~rrlinri ~~1~~r'r,E,crt C"rrtcrrrcT lrxr ~t~Irrtr~~ri cr~,~tcrte: irrtc~rt<sr~ ~rnct as more spet.it`icafly descnlaed in the upphcatit~n materials. t.l) I)t>cuntentatit~n that Ifrit;rr to site disturbance tci,r the Pra~ject, the a;>:plicant ~4 ilE have tiht~rined ~}Il necessary property rights, permits and approval4. The i3tu~rd may, at its tiiscretitin, deter tna#cin~ a tinaE tieeisinn nn tlae appliratian until csutst~tnding I>rr~lirerty rights. l~era-its «iriei ai~provaEs are obtained. (?) 'I`he Project will. not impair prupNrty rights held by others. {3) 'I"he Prc>ject is consistent with relevant provisions c>'t applicable land use and a ater tlurslity plasis. zflTaras~ss t of s • Commissioner ~'~~ moved adoption of the fo lowing Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO c RESOLUTION N0.2010- RESOLUTION FOR APPROVAL OF A 1041 PERMIT TO ALLOW FOR THE CONSTRUCTION OF A BURRIED 2.5 MILLION GALLON~WATER STORAGE TANK File Number 1041-2332 WHEREAS, on our about May 27th, 2009, Upper Eagle Regional Water Authority submitted to the Eagle County Department of Community Development the "Application" for the approval of a 1041 Permit for the construction of a buried 2.5 million gallon water storage tank on the USFS parcel just North of the Cordillera Valley Club. WHEREAS, the Board of County Commissioners ("the Board"), in its capacity as the Eagle County Permit Authority, conducted a public hearing on October 20th, 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, Permit Application Approval Criteria for Matters of State Interest, and as more specifically described in the application materials. (1) Documentation that prior to site disturbance for the Project, the applicant will have obtained all necessary property rights, permits and approvals. The Board may, at its discretion, defer making a final decision on the application until outstanding property rights, permits and approvals are obtained. (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. U r~ U (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 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 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. (22) The Project will not significantly degrade areas of paleontological, historic, or archaeological importance. 2 • • (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. Pursuant to Eagle County Land Use Regulations Section 6.04.02, Additional Criteria Applicable to Municipal and Industrial Water Proiects, and as more specifically described in the application materials. (1) The Project shall 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 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. Pursuant to Eagle County Land Use Regulations Section 6.04.03, Additional Criteria ~plicable to Major New Domestic Water and Wastewater Treatment Systems and Major Extensions of Existing Domestic Water and Wastewater Treatment Systems, and as more specifically described in the application materials. (1) The Project shall be 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 shall be consolidated with existing facilities within the area. (3) New domestic water and sewage treatment systems shall 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 shall 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. • • 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.L2.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 conditions of approval: 1. A wildlife mitigation plan which is acceptable to the Division of Wildlife, be submitted prior to or along with the grading permit associated with the project 2. Applicant shall follow recommendations outlined in the HP Geotech report dated November 19, 2009 3. Applicant will provide documentation that the project has been completed as proposed 4. A yearly progress report shall be submitted by the applicant to Eagle County Environmental Health by December 315` of each year demonstrating the restoration plans progress. The reports shall continue until the effectiveness of the restoration plan is evidenced and all criteria contained within the plan have.been met. 4 • • 5. Except otherwise modified by this permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval 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 C missioners of the County of Eagle, State of Colorado, at its regular meeting held this /~ , 2010, COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: / ~.~,::,, C_ :. B y. `~' c~ ~; Teak J. Si onton '~o~r~o~~~ Clerk to the Board of .County Commissioners Sara J. Fisher, Commissioner Stavnev-Commissioner ~ __ Commissioner .% seconded adop ion of the foregoing resolution. The roll having been called, the vote w s follows: Commissioner, Peter F. Runyon Commissioner, Sara J. Fisher _ Commissioner, John Stavney ~'ti7~' -~ ~%' Peter F. Runyon, Ch This Resolution passed by ~ vote of the Board of County Commissioners of the County of Eagle, State of Colorado.