HomeMy WebLinkAboutR00-110 amended 1041 for Two Rivers Village DevelopmentBOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2000- /Zo
APPROVAL TO AMEND PERMIT No. 1041 -0013 TO CONSTRUCT A MAJOR NEW
DOMESTIC WATER AND WASTEWATER TREATMENT, STORAGE, AND DISTRIBU-
TION SYSTEM, AND FOR THE EFFICIENT UTILIZATION OF A MUNICIPAL WATER
PROJECT.
File Number 1041 -0027
WHEREAS, Two Rivers Village Development Co., L.L.C., (hereinafter "Applicant "),
received from the Eagle County Permit Authority approval, of PERMIT No. 1041-0013, to
construct a major new domestic water and sewage treatment, storage, and distribution system to
serve areas referred to as the Two Rivers Village, specifically, a project to construct 500,000
gallons of water storage, five wells, a 150,000 gallon per day wastewater treatment plant; and
WHEREAS, the applicant, through, File Number 1041 -0027, sought to amend PERMIT
No. 1041 -0013 to resize the previously approved 500,000 gallon tank to 350,000 gallons; Add
the school site to the service district and a lift station to service the school site. In addition, the
Application relocates the previously approved lift station 1700 feet east of the treatment plant to
avoid excessive system depth to the sewer main. The Application adjusts the land use potential
of commercial/residential units, though permitting the same number of previously approved taps
and increasing the wastewater treatment plant from 150,000 gallons per day to 200,000 gallons
per day.
WHEREAS, the Eagle County Planning Commission conducted a public hearing on May
3, 2000, after publication and notice as required by law, to hear File Number 1041 -0027 and
consider the amendments to the Applicant's permit to conduct the following activities of state
interest:
6.03: Site Selection and Construction Major New Domestic Water and Sewage Treatment
Systems; and
6.05: Efficient Utilization of municipal and industrial water projects.
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WHEREAS, the Board of County Commissioners ( "the Board "), in its capacity as the
Eagle County Permit Authority, conducted a public hearing on May 15, 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 6.03 of the County
Land Use Regulations:
In accordance with Section 6.03.15 of the Eagle County Land Use Regulations,* and as more
specifically described in the application for the Two Rivers Village Water and Sewage Treatment
Systems:
a. New domestic water and sewage treatment systems shall be constructed in
areas which will result in the proper utilization of existing water and sewage
treatment plants and the orderly development of domestic water and sewage
treatment systems of communities within this County within the development
areas and source development area;
FINDINGS: The applicant has adequately identified why this major new water and sewage
treatment system cannot comply with the regional 208 plan as it relates to system
consolidation.
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 development does not conflict with the Eagle County Master Plan,
the Eagle County Open Space Plan, or other applicable Regional, State or Federal
land use or water plans. The regional 208 plan policies do not recommend
development in any floodplain areas.
C. The proposed development does not adversely affect either surface or
subsurface water rights of upstream or downstream users;
FINDINGS: The water rights plan has been approved.
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
and related to water quality only, will be available for efficient operational needs.
e. Existing domestic water treatment systems servicing the area must be at or
near operational capacity;
FINDINGS: Existing water storage systems in the region are at or near operational capacity,
and originally designed to serve only their respective developments.
f. Existing domestic sewage treatment facilities servicing the area must be at or
greater than eighty percent (80 %) of operational capacity;
FINDINGS: Existing systems are near capacity and have not been proposed to be extended by
the developer.
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, as it is not offering water taps outside their existing
subdivision.
h. Age of existing water and sewage systems, operational efficiency, state of
repair or level of treatment is such that replacement is warranted;
FINDINGS: Their are existing water or sewage systems in the area, however, none for which
this utility is proposed to replace.
I. Area and community development and population trends demonstrate
clearly a need for such development;
FINDINGS: Area and community development and population trends demonstrate clearly a
need for such development.
j. Existing facilities cannot be upgraded or expanded to meet waste discharge
permit conditions of the Colorado Water Quality Control Division;
FINDINGS: There are no existing facilities at the site.
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 proposed water and sewer systems servicing the
development will be obtained by the developer.
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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 sewer systems 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: 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 if non -point source
water pollution control techniques are properly implemented.
n. The proposed development or its associated collector or distribution system
or new service areas will not violate Federal or State air quality standards;
FINDINGS: The proposed development and its associated collector system will not violate
Federal or State air quality standards.
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
endangered 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
geologic, 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
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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
development.
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;
FINDINGS: The development site of the proposed water and sewage system extension is not
subject to significant risk from earthquakes, floods, fires, landslides, avalanches,
rock slides, or other disasters which could cause a system operation breakdown.
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
communities within the development area and source development area.
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FINDINGS
In accordance with Section 6.05.15 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 and wastewater system can be substantiated
based on the approval of the associated land use file by the Eagle County Board of
Commissioners.
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, 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 accomplished in a manner that will prevent the pollution of
aquifer recharge areas;
FINDINGS: The proposed project will 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.
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 quality 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
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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: Any disturbances to the water resources would be temporary in nature, for the most
part, represent sedimentation due to runoff from disturbed soils. Once construction is complete,
disturbed soils would be reclaimed and revegetated.
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 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 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;
FINDINGS: Not applicable, This project does not divert water from the Colorado River and
requires no additional treatment to mitigate salinity.
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 he
proposed development will not significantly impact existing or proposed communities within the
development area and source development area.
FINDINGS
In accordance with Section 2.09.04 (3) of the Eagle County Land Use Regulations,
approval of the Permit application:
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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
unreasonably 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.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, applicant's request for waiver of the special use permit requirements in
accordance with Section 2.09.04 (3) of the Eagle County Land Use Regulations is hereby
granted.
THAT, the permit amendment for "major new domestic water and sewage treatment
systems" and for "efficient utilization of a municipal water project" be and is hereby
conditionally granted subject to the following conditions of approval:
1) A contingency plan for the lift stations proposed shall be submitted to and approved by
Eagle County Community Development prior to building permit, addressing maintenance
schedule, alarming and emergency power backup, noise, and odor control.
2) The Applicant must provide Eagle County Community Development with
documented approval from the Colorado Division of Wildlife (DOW) indicating DOW's
satisfaction that the development will not introduced non - native fish into the Colorado
River.
3) The size of the water tank shall be a minimum of 350,000 gallons and a maximum of
500,000 gallons, the size to be determined by the applicant and agreed to in writing by the
fire district. The written agreement must be filed with the Eagle County Department of
Community Development prior to issuance of the building permit.
4) 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.
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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
Co ty of Eagle, State of Colorado, at its planning meeting held the 31,1L day
of 2000; nunc pro tunc May 15, 2000.
r COUNTY OF EAGLE, STATE OF
COLORADO, by and through Its
ATTEST: BOARD OF COUNTY COMMISSIONERS
am
Sara J. Fishef
Clerk to the Board of
County Commissioners
Commissioner ,/ - p seconded adoption of the foregoing resolution. The roll
having been called, the vo4 was as follows:
Commissioner, Tom C. Stone
Commissioner, Michael L. Gallagher CZAjl
Commissioner, Johnnette Phillips
This Resolution passed by • Q vote of the Board of County Commissioners of
the County of Eagle, State of Colorado.
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By: GL�lirx�
Tom C. Stone, Chairman
