HomeMy WebLinkAboutR00-050 1041 for The Summit Enclave, Cordillera PUD and clubhouse and maintenance facilityCommissioner moved adoption
of the follovAg Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2000 -
APPROVAL OF PERMIT TO CONSTRUCT A MAJOR.EXTENSION OF EXISTING -
DOMESTIC WATER AND SEWAGE TREATMENT SYSTEMS, AND EFFICIENT UTILI-
ZATION OF MUNICIPAL AND INDUSTRIAL, WATER PROJECTS:
File Number 1041 -0026
WHEREAS, Cordillera (d.b.a. Squaw Creek Reality Corp.,hereinafter "Applicant"),
submitted to the Eagle County Department of Community Development an permit application to
construct a major extension of existing water and sewage treatment systems, to serve areas as
described in the application (The Summit Enclave, Cordillera PUD, Planning Parcel U -1, as well
as the clubhouse and maintenance facility, Eagle County, CO); and
WHEREAS, the Eagle County Planning Commission conducted a public hearing on
March 15, 2000, after publication and notice as required by law, to consider Applicant's request
to conduct the following activities of state interest:
6.04: Major Extension of Existing Water and Sewage Treatment Systems.
6.05: Efficient Utilization of Municipal and Industrial Water Projects.
WHEREAS, the Board of County Commissioners ( "the Board ") in its capacity as Eagle
County Permit Authority, conducted a public hearing on March 27, 2000 to consider the
Application; and
WHEREAS, the Board,. acting as the Permit Authority, has.considered all the evidence,
exhibits and arguments presented at and prior to 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 and Section 6.05
of the Eagle County Land Use Regulations.
In accordance with Section 6.04.15 (Major Extensions of Existing Domestic Water and Sewage
Treatment Systems) of the Eagle County Land Use Regulations, and as more specifically
described in the amendment application for the Cordillera Summit Enclave Water and
Wastewater System:
a. Major extensions of domestic water or sewage treatment systems 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
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financial and environmental capacity of the development area and source
development area to sustain such growth and development;
FINDINGS: The proposed water and sewer uses can be accommodated within the financial and
environmental capacity of the development area.
b. The proposed development does not conflict with an approved local master
plan or other applicable Regional, State or Federal land use or water plan;
FINDINGS: The proposed water and sewer line extensions do not conflict with the Eagle
County Master Plan, the Eagle County Open Space Plan, The Eagle River Water-
shed Plan, The 208 Water Quality Management Plan, or other applicable Re-
gional, State or Federal land use or water plans.
C. The proposed development does not adversely affect either surface or
subsurface water rights of upstream or downstream users;
FINDINGS: The proposed development will not adversely affect either surface or subsurface
water rights of upstream or downstream users. The applicant has sufficient legal
water rights for the proposal.
d. Adequate water supplies, as determined by the Colorado Department of
Health, are available for efficient operational needs;
FINDINGS: Adequate water supplies, as determined by the Colorado Department of Health,
will be available for efficient operational needs.
e. Existing domestic water treatment systems servicing the area must be at or
near operational capacity,
FINDINGS: Not Applicable.
f. Existing domestic sewage treatment facilities servicing the area must be at or
greater than eighty percent (80 %) of operational capacity;
FINDINGS: Not Applicable.
g. The scope and nature of the proposed development will not compete with
existing water and sewage services or create duplicate services;
FINDINGS: The scope and nature of the proposed development will not compete with existing
water or sewage services.
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h. Age of existing water and sewage systems, operational efficiency, state of
repair or level of treatment is such that replacement is warranted;
FINDINGS: Not Applicable.
i. Area and community development and population trends demonstrate
clearly a need for such development;
FINDINGS: Area and community trends demonstrate clearly a need for increased domestic
water supply and wastewater conveyance systems in the development proposed.
j. Existing facilities cannot be upgraded or expanded to meet waste discharge
permit conditions of the Colorado Water Quality Control Division;
FINDINGS: Not Applicable.
k. Appropriate easements can be obtained for any associated collector or
distribution system that will serve existing and proposed needs;
FINDINGS: All easements required for the proposal are owned by the developer.
1. The benefits of the proposed development outweigh The losses of any natural
resources or agricultural lands rendered unavailable as a result of the
proposed development;
FINDINGS: The benefits of the proposed water and wastewater system extensions outweigh
the losses of any natural resources or agricultural lands rendered unavailable as a
result of the project.
m. The proposed development will not decrease the quality of peripheral
downstream surface or subsurface water resources below that designated by
Colorado Water Quality Control Commission as established on May 22,
1979, and effective July 10, 1979, or more stringent standards subsequently
adopted;
FINDINGS
up
FINDINGS:
Not applicable.
The proposed development or its associated collector or distribution system
or new service areas will not violate Federal or State air quality standards;
The proposed development and its associated collector system will not violate
Federal or State air quality standards.
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o. The proposed development or its associated collector or distribution system
will not significantly deteriorate aquatic habitats, marshlands and wetlands,
groundwater recharge areas, steeply sloping or unstable terrain, forest and
woodlands, critical wildlife habitat, big game migratory routes, calving
grounds, migratory ponds, nesting areas and the habitats of rare and endan-
gered species, public out -door recreation areas, and unique areas of geologic,
historic or archaeological importance;
FINDINGS: The proposed development will not significantly deteriorate aquatic habitats,
marshlands and wetlands, groundwater recharge areas, steeply sloping or unstable
terrain, forest and woodlands, critical wildlife habitat, big game migratory routes,
calving grounds, migratory ponds, nesting areas and the habitats of rare and
endangered species, public out -door recreation areas, and unique areas of geo-
logic, historic or archaeological importance if the construction is in accordance
with the application submitted.
P_ The proposed development or its associated collector or distribution system
will not significantly degrade existing natural scenic characteristics, create
blight, nor cause other nuisance factors such as excessive noise or obnoxious
odors;
FINDINGS: The proposed development will not significantly degrade existing natural scenic
characteristics, create blight, nor cause other nuisance factors such as excessive
noise or obnoxious odors if the construction is in accordance with the application
submitted.
q. The proposed development or its associated collector or distribution systems
will not create an undue financial burden on existing or future residents
within the development area and the source development area. The cost of
securing an adequate supply of water for existing and future needs of the
residents of the County shall be considered in determining whether an
"undue financial burden" will result;
FINDINGS: The proposed development will not create an undue financial burden on existing
or future residents within the development area and the source development area,
since all project facilities will be paid for by the owner of the proposed develop-
ment.
r. The development site of a proposed major extension of an existing domestic
water or sewage treatment system is not subject to significant risk from
earthquakes, floods, fires, snowslides, landslides, avalanches, rock slides or
other disasters which could cause a system operation breakdown;
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FINDINGS: The development sites of the proposed water and sewage extensions are not
subject to significant risk from earthquakes, floods, fires, landslides, avalanches,
rock slides, or other disasters which could cause a system operation breakdown,
according to the information submitted by the applicant.
S. Any proposed domestic water treatment and distribution system is capable of
providing water meeting the requirements of the Colorado Department of
Health;
FINDINGS: The proposed development and associated distribution system is capable of
providing water meeting the requirements of the Colorado Department of Health.
t. The construction of structures, buildings, and improvements associated with
the proposed development will not significantly impact existing or proposed
communities within the development area and source development area;
FINDINGS: The construction of structures, buildings, and improvements associated with the
proposed development will not significantly impact existing or proposed commu-
nities within the development area and source development area.
FINDINGS
In accordance with Section 6.05.15 (Efficient Utilization of Municipal and Industrial
Water Projects)of the Eagle County Land Use Regulations, approval of the Permit application:
a. The need for the proposed water project can be substantiated;
FINDINGS: The need for the proposed water system can be substantiated based on historic
growth rate and prior land use approvals.
b. Assurances of compatibility of the proposed water project with Federal,
State, Regional, and County planning policies regarding land use and water
resources;
FINDINGS: The proposed development does not conflict with The Eagle County Master Plan,
The Eagle County Open Space Plan, The Eagle River Watershed Plan, The 208
Water Quality Management Plan, or other applicable Regional, State of Federal
land use or water plans.
C. Municipal and industrial water projects shall emphasize the most efficient
use of water, including, to the extent permissible under existing law, the
recycling and reuse of water. Urban development, population densities, and
site layout and design of storm water and sanitation systems shall be accom-
plished in a manner that will prevent the pollution of aquifer recharge areas;
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FINDINGS: The proposed project will, through its water conservation plan and associated
protective covenants, implement policies and practices that will assure the
efficient utilization of water resources delivered through the domestic water
system, as well as the efficient use of water. The potential to pollute aquifer
recharge areas was not identified as a potential problem.
d. Provisions to insure that the proposed water project will not contaminate
surface water resources;
FINDINGS: Provisions have been proposed to insure that the proposed water project will not
contaminate surface water resources;
e. The proposed water project is capable of providing water pursuant to
standards of the Colorado Department of Health;
FINDINGS: The proposed water project is capable of providing water pursuant to standards of
the Colorado Department of Health;
f. The proposed diversion of water from the source development area will not
decrease the quality of peripheral or downstream surface water resources in
the source development area below that designated by the Colorado Water
Quality Control Division on May 22, 1979, and effective July 10, 1979, or
more stringent standards subsequently adopted;
FINDINGS: Not Applicable.
g. The proposed development and the potential diversion of water from the
source development area will not significantly deteriorate aquatic habitats,
marshlands, and wetlands, groundwater recharge areas, steeply sloping or
unstable terrain, forests and woodlands, critical wildlife habitat, big game
migratory routes, calving grounds, migratory ponds, nesting area and the
habitats or rare and endangered species, public outdoor recreational areas,
and unique areas, and unique areas of geologic, historic or archaeological
importance;
FINDINGS: The proposed development will not significantly deteriorate aquatic habitats,
marshlands and wetlands, groundwater recharge areas, steeply sloping or unstable
terrain, forests and woodlands, critical wildlife habitat, big game migratory routes,
calving grounds, migratory ponds, nesting areas, recreational areas, and unique
areas, and unique areas of geologic, historic or archeological importance.
h. The salinity and advanced wastewater treatment offset plans required by
Section 6.05.13 (16) and (17) have been approved by the Permit Authority
and required fees associated therewith, if any, have been paid;
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FINDINGS: Not applicable
I. The construction of structures, buildings and improvements associated with
the proposed development will not significantly impact existing or proposed
communities within the development area and source development area;
FINDINGS: The construction of structures, buildings and improvements associated with the
proposed development will not significantly impact existing or proposed commu-
nities within the development area and source development area.
FINDINGS
In accordance with Chapter II, Article 3, Section 3.310.I of the Eagle County Land Use
Regulations, approval of the Permit application:
C. Major new domestic water or sewer systems, major extensions of such
systems, and municipal and industrial water projects may be waived in
whole or in part by the Board of County Commissioners upon a written
petition by the applicant that:
2. That compliance with the special use permit requirements would be unrea-
sonably burdensome for the applicant.
FINDINGS: The applicant has requested a waiver of the special use permit requirements, as
such application would serve no further legitimate planning, zoning or other land
use objective.
THAT, pursuant to Chapter III, Article 3, Section 3.310.I of the Eagle County Land Use
Regulations, the Board waives the requirement that the applicant apply for a special use permit.
THAT, The Board hereby approves this application with the following condition(s):
1. 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.
- THAT, the Board of County Commissioners directs the Department of Community
Development to provide a copy of this Resolution to the Applicant.
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.
in
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MOVED, READ AND ADOPTED by the Board of County Commissioners of the
Coupjy of Eagle, State of Colorado, at its regular meeting held the /OZ,-,, day of
� ' 2000; nunc pro tunc March 27, 2000.
ATTEST:
By:
Sara J. Fisher
Clerk to the Board of
County Commissioners
COUNTY OF EAGLE, STATE OF
COLORADO, by and Through Its
BOARD OF COUNTY COMMISSIONERS
By: �i./1.Piw�
Commissioner 4 , seconded adoption of the foregoing resolution. The roll
having been called, the vote asv� as follows:
Commissioner, Tom C. Stone
Commissioner, Michael L. Gallagher��
Commissioner, Johnnette Phillips _
This Resolution passed by 4 -0 vote of the Board of County Commissioners of
the County of Eagle, State of Colorado.
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