HomeMy WebLinkAboutR13-101 1041 Permit Approval Wolcott Commissioner 0Jt+ t9 Moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE,STATE OF COLORADO,
SITTING AS THE EAGLE COUNTY PERMIT AUTHORITY
RESOLUTION NO. 2013 - f 1i
1041 PERMIT RESOLUTION OF APPROVAL FOR SITE SELECTION AND CONSTRUCTION OF
MAJOR NEW DOMESTIC WATER AND WASTEWATER TREATMENT SYSTEMS AND
INFRASTRUCTURE,AS WELL AS,THE EFFICIENT UTILIZATION OF
A MUNICIPAL AND INDUSTRIAL WATER PROJECT TO
SERVE THE WOLCOTT PLANNED UNIT DEVELOPMENT
AND SURROUNDING LANDS
File Number 1041-4122
WHEREAS,on January 3, 2013,the Eagle River Water and Sanitation District('ERWSD'and
'Applicant') submitted an application for 1041 Permitting to allow for Major New Domestic Water
and Wastewater Treatment Systems and Infrastructure, as well as,the Efficient Utilization of a
Municipal and Industrial Water Project,to serve the Wolcott Planned Unit Development (File No.
PDP-3830),the Vines at Vail Planned Unit Development(File No. 1041-0065),and other
surrounding properties that are included within the District's Wolcott service area (the "Project")
and are currently served by private wastewater systems or currently zoned to allow development
density of less than 10 residential dwelling units; and
WHEREAS,the Wolcott PUD straddles the Interstate-70/Wolcott Interchange and is
bisected by Interstate-70. The PUD encompasses approximately 384 acres of land. The northern
portion of the development is referred to as Wolcott Village, or the Valley Floor Parcel,and the area
south of Interstate-70 is referred to as Wolcott South. The 1041 Permit application includes
detailed plans for water and sewer infrastructure for Phases I and II of the proposed development,
and preliminary plans for water and sewer services to serve Phases III and IV. It is expected that
development of Phases I and II will commence in 2013 and will be completed over a period of
approximately 2 years,and will serve the equivalent of up to 469 single family residences.
Construction of Phases III and IV will begin around the year 2022. At full build out of the entire
PUD, Phases I-IV,the Project is expected to serve an equivalent total of 777 single family residences.
Domestic water for the PUD will be supplied by the ERSWD. The water treatment facility is to be
located on the west end of the PUD and north of Interstate-70,adjacent to the proposed wastewater
treatment facility. Potable water treatment to meet demands will be provided by construction of a
new Wolcott water treatment facility. The water treatment facility will be located on land within
the PUD north of Interstate-70 and West of Bellyache Ridge Road. The water supply will be
diverted from the Eagle River adjacent and downstream from the existing Holland Creek
Metropolitan District intake. The new water treatment facility will require construction of a new
raw water line and diversion point on the Eagle River, a new water treatment facility and a new 10"
treated water distribution pipeline.
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Treated domestic water storage needs for Phases I and II will be met using the existing 400,000
gallon ERWSD tank located on the north side of the Eagle River on BLM land permitted by 1041
Permit number 1041-0065. Pipelines connecting the water treatment plant to the ERWSD tanks
will be constructed in the rights-of-way for Highway 131 and Highway 6,and include a boring
under the Eagle River.
Additional storage capacity is necessary to serve the entirety of the Wolcott service area,including
other areas within the ERWSD boundaries. Within this 1041 Permit approval,a new 260,000 gallon
water storage tank located adjacent to the existing ERWSD tank and a new Upper Zone 360,000
gallon water storage tank located north of the upper part of Bellyache Ridge Road will be
constructed. The new north tank will serve non-PUD areas and/or low lying areas in Phases III and
IV, and a new Upper Zone tank will serve the remainder of Phases III and IV of the PUD.
Surface water will be diverted from the Eagle River via a new diversion structure on the Eagle
River, conveyed through a new pipeline approximately 3/4 mile west of the existing intersection of
US Highway 6 and the Wolcott Spur Road. A significant portion of the water supply will be from
diversions of senior historical irrigation and ranching water rights dedicated to ERWSD by the
Developer. ERWSD also has decreed augmentation plans (Case No's.08CW077 and 09CW191)to
divert water at the above described location,as well as several other alternate points of diversion.
The Developer of the Wolcott PUD and its consultants will design and construct the distribution
system infrastructure for the potable water system in accordance with the ERWSD standards.
Where feasible,distribution pipelines will parallel existing rights-of-way,easements and other
infrastructure associated with the Project.
Wastewater treatment services for the Project will be provided by the ERWSD. The wastewater
treatment system infrastructure will consist of a new wastewater treatment facility and collection
system. The wastewater treatment facility will be constructed at the PUD site,on the west end of
the Wolcott PUD.
Wastewater collection lines within the Project will be constructed by the Developer in accordance
with ERWSD standards and will gravity flow to an influent lift station adjacent to the new
wastewater treatment facility. Two remote lift stations are anticipated to serve the portion of the
planning area located to the west of the Wolcott PUD,one potentially located on the south side of
the river to the west of the existing Yacht Club and the other potentially located on the north side of
the river south of the railroad tracks, east of Highway 131.
The wastewater treatment facility will be constructed with an initial design capacity of 0.15 million
gallons per day to serve Phases I and II,expandable up to 0.35 million gallons per day to serve
future development within the ERWSD. Treated effluent from the facility will outfall to the Eagle
River approximately 25 feet downstream of the Wolcott water treatment facility diversion intake.
Extensions of the water and sewer infrastructure to serve development outside of the Wolcott PUD
equivalent to 10 or more residential dwelling units,or increases of treatment capacity or storage,or
relocation of infrastructure,including water storage tanks to areas not identified and assessed
during this 1041 Permit review will necessitate additional 1041 review and approval.
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WHEREAS,in the event that the Applicant determines that potable water to the Wolcott
PUD and other surrounding properties included within the ERWSD's service area,via an
interconnect with the Holland Creek Metropolitan District's water treatment system is the
preferred alternative,the Red Sky Ranch 1041 Permit(Eagle County File No. 1041-0031 /
Resolution 2001-011) shall be amended accordingly; and
WHEREAS,on April 23, 2013,the Applicant submitted a sub-district plan to Eagle County
creating the Wolcott Water and Sanitation Sub-district of the Eagle River Water and Sanitation
District; and
WHEREAS,the permanent water and wastewater treatment facilities included in this 1041
Permit application are intended to provide service to the Vines at Vail PUD,and will replace the
interim water and wastewater treatment facilities approved by(Eagle County File No. 1041-0065/
Resolution No. 2006-107); and
WHEREAS,the Board of County Commissioners,County of Eagle,State of Colorado,sitting
as the Eagle County Permit Authority(hereinafter the"Board"), conducted public hearings on April
23,April 30, May 7, May 15, May 20,June 26,July 2,and July 22, 2013 to consider the application;
and
WHERAS,on July 22, 2013,the Wolcott Planned Unit Development Preliminary Plan and
Zone Change were conditionally approved by the Board of County Commissioners as files PDP-3830
and ZC-3881; and
WHERAS,with this 1041 Permit Application,the Board has reviewed the environmental
impacts of the Project as a whole,and has appropriately placed conditions on the approval of the
1041 Permit Application to mitigate the environmental impacts associated with the Project. The
responsibility for each condition of approval has been specifically assigned to either the Developer
of the Wolcott PUD or the ERWSD (Applicant)to implement. The conditions of approval set forth in
this Resolution clearly identify which conditions of approval are the responsibility of the ERWSD
("The Applicant"), or the Developer of the Wolcott PUD ("The Developer"); and
WHERAS,the Board has considered all the evidence, exhibits and arguments presented at
the hearings; and find that:
WHEREFORE,based on the evidence presented,the Board makes the following findings
with regard to this Wolcott PUD Water and Wastewater Facility Infrastructure 1041 Permit
Application as it pertains to Chapter VI,Sections 6.04.01, 6.04.02,and 6.04.03 of the Eagle 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 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.
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(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 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.
(22) The Project WILL NOT significantly degrade areas of paleontological,historic,or
archaeological importance.
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(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 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 of Existing
Domestic Water and Wastewater Treatment Systems,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
within the financial and environmental capacity of the area to sustain such growth
and development.
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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:
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 COUNTY
OF EAGLE,STATE OF COLORADO,SITTING AS THE EAGLE COUNTY PERMIT AUTHORITY:
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 hereby directs the Planning Director to provide a copy of this Resolution
to the Applicant.
THAT,Permit Number 1041-4122 for New Water and Wastewater Facility Infrastructure
and for Efficient Utilization of Municipal Water Projects be and is hereby APPROVED subject to the
following conditions of approval:
1. That except as otherwise modified by the Permit,all material representations of the
Applicant and Developer in this permit application,correspondence,and all public
meetings shall be adhered to and considered conditions of approval,unless otherwise
amended by other conditions.
2. All appropriate Federal,State and Local permits shall be secured by the Applicant
prior to site disturbance. This is the responsibility of the ERWSD and the Developer and
has been included as a condition of the Wolcott PUD Preliminary Plan.
3. The application and supporting documentation shall be adjusted to indicate that the
water conservation measures identified in the application have been incorporated
into enforceable building codes within the Wolcott PUD Guide and will be
implemented in concert with the ERWSD. The raw water system shall incorporate
flow measurement to establish a baseline of the raw water necessary to irrigate. This
data will be used to continually seek efficiencies in the raw water irrigation system.
This is the responsibility of the ERWSD and Developer and has been included as a
condition of the Wolcott PUD Preliminary Plan.
4. In the event that Eagle County develops a regional air quality monitoring network,the
Wolcott Metropolitan District will agree to provide a location and assistance with
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monitoring device operations. This is the responsibility of the Developer and has been
included as a condition of the Wolcott PUD Preliminary Plan.
5. The Wolcott PUD Guide has articulated wood burning restrictions within the PUD
boundary by incorporation into the Wolcott PUD Guide stating that wood burning
devices be limited to three (3) areas of public gathering,such as the Inn,riverside
restaurant, or outdoor fire pit and not allowed within individual residences. Also,
Best Management Practices for dust control shall likewise be incorporated into a dust
suppression plan submitted for review and approval to Eagle County and enforceable
with any grading permits within the Wolcott PUD property. This is the responsibility of
the Developer and has been included as a condition of the Wolcott PUD Preliminary Plan.
6. The scope of the Stormwater Infrastructure Maintenance and Monitoring Plan shall be
expanded to become a Water Quality Monitoring and Mitigation Plan or a separate
plan shall be prepared to incorporate monitoring ground and surface water quality,
aquatic life and riparian health.Said Plan shall include provisions to gather data prior
to, during and after site disturbance for the purpose of quickly identifying and
eliminating impacts to surface and ground water as well as for detecting and
correcting adversarial impacts or trends caused by development and urban runoff.
Additional details,including the funding,monitoring and implementation mechanisms
of this plan by the Wolcott Metropolitan District shall be incorporated and submitted
to Eagle County for review and approval prior to site disturbance. Eagle County
reserves the right to suspend the issuance of building permits within the Wolcott PUD,
in its sole discretion,if there is a failure to monitor water quality and submit reporting
to Eagle County as detailed in said Plan. This is the responsibility of the Developer and
has been included as a condition of the Wolcott PUD Preliminary Plan.
7. The Riparian Management&River Access Plan has been revised to include
enforcement provisions along with additional detail regarding funding and
implementation by the Wolcott Metropolitan District.This Plan shall be submitted to
Eagle County for review and approval prior to site disturbance and will be included as
an addendum to the Wolcott PUD Guide. This is the responsibility of the Developer and
has been included as a condition of the Wolcott PUD Preliminary Plan.
8. Installation and maintenance of the potable water diversion and the wastewater
outfall infrastructure shall be timed in consultation with Colorado Parks and Wildlife
(CPW),generally between August 15th and September 30th to avoid critical periods of
fish reproduction and survival. This is the responsibility of the ERWSD.
9. Installation of any raw water diversion infrastructure shall be timed in consultation
with CPW,generally between August 15th and September 30th to avoid critical periods
of fish reproduction and survival. This is the responsibility of the Developer and has
been included as a condition of the Wolcott PUD Preliminary Plan.
10. Per the CPW,any in-stream or associated bank work shall incorporate Best
Management Practices for sediment control into the design and utilize these practices
during construction. Any work during construction should not increase turbidity
levels to concentrations exceeding those contained in the applicable discharge permit
approved by the Water Quality Control Division. This is the responsibility of the
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ERWSD and Developer and has been included as a condition of the Wolcott PUD
Preliminary Plan.
11. Harrington Penstemon populations were identified on the Southern Hillside;
additional evaluation to determine mitigation measures such as avoidance and/or
relocation shall be required prior to application for Final Plat for Planning Area PA-3.
This is the responsibility of the Developer and has been included as a condition of the
Wolcott PUD Preliminary Plan
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 Co my Com 'ssio er of the County of
Eagle, State of Colorado,at its regular meeting held the/7 day of 2013.
c ; COUNTY OF EAGLE, STATE OF
tiro ., COLORADO, By and Through Its
* * * BOARD OF COUNTY COMMISSIONERS
ATTEST:
By: (� L
Clerk to the Board of Sara J. Fisher
County Commissioners Chairman
,*•/ian H. Ryan
Cop issio►
lei / �� " '
Kathy C :ndler-Henry
Commissioner
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Commissioner 'L-� seconded adoption of the foregoing resolution. The roll
having been called,the vote was as follows:
Commissioner Fisher ‘47C14-1 1
Commissioner Ryan ti 4'
Commissioner Chandler-Henry u
/
This resolution passed by vote of the Board of County
Commissioners of the County of Eagle, State of Co
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