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Home My WebLink AboutR18-009 Stillwater File No. 1041-7143 Eagle County, co 201803499 Regina O'Brien 03/06/2018 Pgs: 6 04:42:45 PM REC: $0.00 DOC: $0.00 • Commissioner N2-1/4-1/4.-z--. 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. 2018- 00"I APPROVAL OF A 1041 PERMIT FOR THE EXTENSION OF EXISTING WASTEWATER COLLECTION SYSTEM AND WATER DISTRIBUTION SYSTEM TO SERVE THE STILLWATER PUD FILE NO. 1041-7143 WHEREAS, on or about July 12, 2017, Eagle River Water & Sanitation District (the "Applicant") submitted an application for a 1041 Permit to allow extension of the Eagle River Water & Sanitation District's public water and sewer infrastructure (the "Application")to serve 21 new multi-family residences for the Stillwater PUD (the "Project"); and • WHEREAS, the proposed extension encompasses approximately 3.0 acres owned by the Eagle River Water& Sanitation District;and WHEREAS, the Stillwater PUD is located within the Eagle River Water & Sanitation District's approved Service Plan Area; and WHEREAS, the Stillwater PUD is proposed as an affordable, workforce housing community, with access to the services that are currently provided in Edwards and located within 1/4 to 1/2 mile of the Eco Transit bus stop. The Project is also in close proximity to parks, opens space, commercial services and pedestrian paths;and WHEREAS,the Project has been developed with energy and water efficiency as a goal with water conservation measures outlined in the Stillwater PUD Guide;and WHEREAS, on December 19, 2017,the Board of County Commissioners, sitting as the Eagle County Permit Authority(the "Authority"), conducted a public hearing to consider the Application and considered all the evidence, exhibits and arguments presented at the hearing; and hereby makes the following findings with regard to this 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, Areas and Activities of State Interest: Pursuant to Eagle County Land Use Regulations, Section 6.04.01, Permit Application • Approval Criteria, or Matters gf 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. 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 techiiically 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 principles 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. 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. 2 • • Pursuant to Eagle County Land Use Regulations Section 6.04.02 Additional Criteria Applicable to Municipal and Industrial Water Proiect 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 Applicable to Major New Domestic Water and Wastewater Treatment Systems and Major Extensions of Existing Domestic Water and Wastewater Treatment Systems 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 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 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. WHEREAS, 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: 3.310.1.2.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 3.310.I.2.b Compliance with the Special Use Review Permit requirements would be • unreasonably burdensome for the Applicant;and WHEREAS, 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; and. 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 3.310.1.2 of the Eagle County Land Use regulations is hereby granted. THAT, the Applicant's request for waiver of fees pursuant to Section 6.03.04(4) of the Eagle County Land Use Regulations is hereby granted. THAT, the Eagle County Permit Authority hereby directs the Community Development Department to provide a copy of this Resolution to the Applicant. THAT, Permit Number 1041-7143 for: 1) for a Municipal and Industrial Water Project, and a Major Extension of Existing Domestic Water and Wastewater Treatment Systems 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 in this permit application, correspondence, and at all public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions; 2) Upon application for the County's consideration of the required Final Plat, in an acceptable form, format and version to the Community Development Department,the Applicant shall provide the final Riparian Enhancement Plan and final Riparian Management Plan; 3) The owner of the Property has agreed to grant an emergency cross-access easement through the PUD parking area and the entry drive connection to the Highway 6 right-of-way, to provide emergency access through the subject Property to adjacent parcels. The Easement must be depicted upon the Final Plat for the Stillwater PUD and will become functional when (i) the relevant adjacent property owner provides connection to the Applicant's parking area, and (ii) the relevant adjacent property 4 . • owner grants a reciprocal emergency cross-access easement from the adjacent parcel to the subject property. Each property owner shall be responsible for all costs to improve and maintain the Easement, except that(i) Applicant shall not be required to make any changes to the layout of the Property, including but not limited to existing paving, utilities, grading, trash enclosures,parking stalls,and similar design features; (ii) the cost of installation and maintenance of each emergency access gate (the "Gate") and fence along the property lines shall be shared equally between the Applicant and the respective adjacent parcel property owner, and (iii) the Gate shall match in height and design, to the extent possible, the privacy fence installed on the subject property. At the time the Easement becomes functional, the Applicant shall grant the relevant adjacent property owner access to the Easement for installation of and maintenance of the Gate to accommodate emergency service vehicles. Prior to implementation of the Easement, the Applicant agrees to confer with the applicable emergency service providers to determine the width of the access and the type of Knox Box/device and Gate to be used between the access points. Adjacent to each emergency access point, a sign shall be installed identifying the Gate as "for emergency access" and prohibiting obstruction of the emergency access; 4) The Applicant shall conform to the recommendations outlined in the October 2, 2017 • letter from the Colorado Geological Survey; 5) Upon application for the County's consideration of the required Final Plat, in an acceptable form, format and version to the Community Development Department,the Applicant shall provide the groundwater modeling report conducted by H-P Kumar, referred to during the October 25, 2017 regular Planning Commission hearing of this Application; 6) Simultaneously with submission of the application for the required Final Plat for the Stillwater PUD, the Applicant shall provide assurances, acceptable in form, format and version to the Community Development Department, that the Project's proposed fire pit does not burn wood. 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. • 5 MOVED, READ AND ADOPTED by the Board of County Commissioners of the II County of Eagle, State of Colorado, at its regular meeting held the (Q14 day of c-1451L4j w-n.-%.,, 2018,nunc pro tont to the 19th day of December, 2017. Q 'E coy COUNTY OF EAGLE, STATE OF o 0,41 ti ; COLORADO, :y and Through Its " f ` BOARD OF ' OUN OMMI: 0 E;/ ATTEST: if 1°1 1 I°�Yu 0OLORP° By: . .//�/.. rJ II S Clerk to the Board of Kathy tan. -r-He• County Commissioners d iii . Ryan i?os e� J 1(1 e McQueen q mmissioner v Commissioner WV-- tV t L4_A L LA seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Chandler-Henry 141, " Commissioner Ryan III ��nn 14--t4 ' Commissioner McQueeney V " This resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 6 III