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HomeMy WebLinkAboutR11-049 Public Service Special Use Permit (Xcel) EAGLE COUNTY, CO 20110848? TEAK J SIMONTON Pgs: 7 022715PM 05/11/2011 REC: S0.00 DOC: $ 111 111 TO 11 111111 1111 Commissioner A.A.4,460 moved adoption of the folio ing Resolution; RESOLUTION of the COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2011 - Ci APPROVAL OF THE SPECIAL USE PERMIT Public Service Company of Colorado Edwards-Meadow Mountain Natural Gas Line FILE NO. ZS-3122 WHEREAS, Public Service Company of Colorado (hereinafter "Applicant") operates a 6-, 8- and 12-inch natural gas transmission pipeline running along U.S. Highway 6/24 between Edwards and Meadow Mountain, generally in the westbound lane of the road; and WHEREAS, Applicant has determined that the existing pipeline is inadequate to meet the anticipated future demands of consumers of natural gas in Eagle County; and WHEREAS, Applicant proposes to replace the existing pipeline with a 16-inch pipeline that will have the capacity to meet the demands of Eagle County consumers in the foreseeable future; and WHEREAS, construction to replace the existing pipeline with the proposed pipeline (the "System Upgrade") will occur in the Colorado Department of Transportation ("CDQT") right of away under the road between Edwards and Meadow Mountain and necessarily will (a) substantially disrupt the flow of traffic along U.S. Highway 6/24, (b) result in increased traffic on alternative routes, and (c) have largely unavoidable but material adverse impacts on businesses, residents and County trails adjacent to and in the vicinity of U.S. Highway 6/24; and WHEREAS, on or about January 20, 2011, Applicant filed an application with Eagle County for a Special Use Permit to allow the System Upgrade; and WHEREAS, the Special Use Permit request was considered at a public meeting by the Eagle County Planning Commission on April 20, 2011 and unanimously recommended for approval; and WHEREAS, the Eagle County Board of County Commissioners at a public hearing on May 3, 2011 considered the application; and WHEREAS, the Planning Commissioners and the Board of County Commissioners recognize both the importance of the System Upgrade to businesses and residents of Eagle County and visitors to the County and the likely temporary adverse impacts of the System Upgrade on such businesses, residents and visitors; and WHEREAS, experience has indicated that in order to minimize the temporary adverse impacts of the System Upgrade, the County, CDOT, Applicant and the contractor that will perform the construction work (the "Contractor") must jointly plan ahead and continuously coordinate on scheduling of work, including days of work and hours of work, and to keep the public advised of the anticipated location and schedule of work, to minimize such adverse impacts; and WHEREAS, the necessary cooperative effort will require both (a) communication to the traveling public, the neighborhood businesses and neighborhood residents and trail users as to the timetable for construction and its anticipated impacts, and (b) provision for ready communication by affected travelers and neighboring businesses and residents with the Contractor as to unforeseen impacts and issues concerning the construction; and WHEREAS, the schedule of days of the week and hours of the day during which construction will occur will be a material factor in reducing (a) the duration of the construction activity, (b) the risk of physical injury to the public or employees of such entities, (c) the cost of the system upgrade and (d) the adverse impacts of the system upgrade on the public, particularly the traveling public and neighboring businesses and residents; and WHEREAS, Applicant and Contractor recognize that because Eagle County is a major summer recreational and resort community, it is certain that during the anticipated construction period for the System Upgrade, automobile, bicycle and pedestrian traffic on and across the Highway 6/24 is subject to periodic substantial increases as a result of holidays, special events, and bicycle races or tours, and such periodic increases will require that construction be scheduled to accommodate them; and WHEREAS, Applicant and Contractor recognize that Contractor necessarily will be the public face and voice of the work associated with the System Upgrade, and Applicant agrees to require adherence by its Contractor to the terms of the Special Use Permit and this Resolution of Approval thereof, but that Applicant itself nonetheless P" shall be considered ultimately responsible for compliance with the terms of the Special Use Permit and the provisions of this Resolution of Approval; and WHEREAS, based on the evidence, testimony, exhibits, and study of the Master Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, comments of public officials and agencies, the recommendation of the Planning Commission, and comments from all interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado ( "the Board "), finds as follows: That proper publication and public notice of this application was provided as required by law for the hearings before the Planning Commission and the Board. 2. As required by Eagle County Land Use Regulations Section 5 -250.8 Standards for the review of a Special Use Permit: [1] Section 5- 250.B.1. Consistent with Master Plan The proposed Special Use IS appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies of the Master Plan and Master Plan FLUM, and related sub -area master plans. [2] Section 5- 250.8.2 Compatibility The proposed Special Use IS appropriate for its proposed location and IS compatible with the character of surrounding land uses. [3] Section 5- 250.13.3 Zone District Standards. The proposed Special Use DOES comply with the standards of the zone district in which it is located and the standards applicable to the particular use, as identified in Section 3 -310, Review Standards Applicable to Particular Residential, Agricultural and Resource Uses [4] Section 5- 250.6.4 Design Minimizes Adverse Impact The design of the proposed Special Use DOES adequately minimize adverse impacts, including visual impact of the proposed use on adjacent lands. The Special Use WILL avoid significant adverse impact on surrounding lands regarding trash, service delivery, parking and loading, odors, glare, and vibration. Adverse impact on surrounding lands regarding noise and traffic, WILL NOT create a nuisance. [5] Section 5- 240.F.3.e (5) Design Minimizes Environmental Impact The proposed Special Use CAN fully minimize environmental impacts, and will not cause significant deterioration of water and air resources, wildlife habitat, and other natural resources, and it WILL NOT cause significant deterioration to scenic resources. [6] Section 5- 250.13.6 Impact on Public Facilities The proposed Special Use IS adequately served by public facilities and services such as roads, pedestrian paths, potable water and waste water facilities, parks, schools, police and fire protection, and emergency medical services. [7] Section 5- 250.13.7 Site Development Standards The proposed Special Use, as conditioned, DOES fully comply with all the appropriate standards in Article 4, Site Development Standards [8] Section 5- 250.13.8 Other Provisions The proposed Special Use DOES comply with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT the Special Use Permit for replacement of the existing natural gas pipeline running along U.S. Highway 6/24 as hereinabove described be approved, subject to the following conditions, and provided that failure of the Applicant to fulfill and continue to abide by any such condition shall be the basis for revocation or modification of the Special Use Permit: CONDITIONS Except as otherwise modified by this Special Use Permit, all material representations made by the Applicant in its application and in public meeting shall be considered conditions of approval of this Special Use Permit, and this Special Use Permit will be interpreted and administered in light of the considerations outlined in the preamble to this approval. 2. A revised construction schedule to be submitted to Eagle County Community Development once all dates and times are finalized. 3. Prior to the commencement of construction, Applicant will provide the County and CDOT with the names and telephone numbers (including cell phone numbers) of the System Upgrade project managers for both Applicant and Contractor, and County and CDOT will in turn provide their contact numbers to Applicant and Contractor. The purpose of this provision is to insure that there will be ready communication between the entities involved and the public during the System Upgrade. Both Applicant and Contractor also will provide the County contact with the name and contact information for their respective "public relations" officers or representatives. Prior to the start of 4 construction on the System Upgrade, the Applicant and Contractor shall develop and obtain County approval of a comprehensive Communication Plan that will inform travelers and residents of the County likely to be affected by the System Upgrade of the current location of zones of construction, anticipated days and hours of construction. Applicant and Contractor at all times will provide the County Engineering Department representative with a copy of the then current work schedule, showing when and where work is schedule to be performed. 4. Prior to the commencement of construction, the Applicant will obtain all required permits for the construction, and will abide by the terms of all such permits, including County- mandated storm water management permits and /or erosion control plans. In addition, Applicant will identify any staging areas where hazardous materials may be stored and prepare and submit a spill prevention, control, and countermeasures plan to Eagle County Environmental Health before work commences. 5. All recommendations contained in the HP Geotech report dated February 25, 2011 will be adhered to by the Applicant during the construction and maintenance of the system upgrade. 6. Applicant will conduct a pre- construction survey of vegetation in key areas where vegetation will be removed or impacted, particularly any area within the Eagle River 75' stream setback/riparian area, and after completion of the System Upgrade will restore such areas to their original condition. 7. Any disturbance or damage to the ECO trails system caused by the System Upgrade construction will be completely repaired by the Applicant within 24 hours after such disturbance or damage is brought to Contractor's attention. 8. Applicant and Contractor will observe and adhere to all applicable CDOT regulations relating to work within the CDOT right of way. 9. Applicant and Contractor will at all times keep CDOT and the County apprised of the name and cell phone number of the Contractor's on- site project manager. 10.Traffic control plans shall include directional signs for bicyclists and pedestrians using roadway and detoured to other routes or required to merge with traffic due to the work locations. Traffic control regarding use of or detour to the Eagle Valley Trail shall be approved by the ECO Trails Department prior to installation. 5 11. This Special Use Permit shall be valid for a period of not more than three (3) years prior to actual implementation of the permitted use. Upon implementation of the approved use, such permit shall remain valid in perpetuity and shall run with the land thereafter, provided that in the event that maintenance or repair work on the System Upgrade requiring disruption of traffic and /or impacts on the neighborhood for a period longer than 5 days is anticipated, Applicant will advise the County Community Development Director of such anticipated disruption and /or impacts, and obtain approval for such work before proceeding therewith. In the event that the County Manager or Community Development Director determines at any time that the work associated with the System Upgrade is creating an intolerable situation affecting the public interest, he will promptly notify Applicant and Contractor and attempt to work out a solution with minimum disruption of the construction schedule, but if necessary such Manager or Director may direct that the activity causing the situation be discontinued pending further discussion between Applicant, the Contractor, CDOT and the County as to a resolution of the issue, and Applicant and Contractor will abide by such direction. 12.The following dates or periods have been identified as likely requiring suspension or modification of construction activities or schedules because of holidays, or special events impacting traffic in the vicinity of the System Upgrade. It is understood that the Applicant, the Contractor, the County and CDOT will communicate and cooperate to provide adequate warning of unanticipated events and to minimize the disruption of progress on the System Upgrade while avoiding unjustified interference with the holiday traffic or events or other special events. Applicant and Contractor agree that they will schedule the work on the System Upgrade so as not to disrupt unreasonably holiday traffic or special event periods. a. May 28, 29, and 30 (Memorial Day) b. Wednesday, June 22 Bike To Work Day c. July 2, 3 and 4 (Independence Day) d. July 9 1h -1 0 th Triple Bypass race e. July 16 X -terra triathlon f. July 23 Colorado River Ride g. August 8 th BEC Triathlon h. August 25 -26 Quiznos /US Pro Challenge i. September 3, 4 and 5 (Labor Day) j. October 10 (Discovery Day) THAT, this permit shall be subject to review as provided for by the Eagle County Land Use Regulations. THAT, the Board of County Commissioners directs the Department of Community Development to provide a copy of this Resolution to the Applicant. THAT, the Board 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 the day of May, 2011. COUNTY OF EAGLE, STATE OF COLORADO, and Through Its BOARD OF COUNTY COMMISSIONE ATTEST: NIN Teak J. Simonton Clerk to the Board of County Commissioners n L3'1 Am M BY: n Sara J. Fisher, Commissioner Commissione seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Stavney Commissioner Runyon Commissioner Fisher This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado.