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HomeMy WebLinkAboutR96-079 permit to construct extensions to Upper Eagle Valley Consoidated Wastewater collection system' ~ _ ~ a ~,~,,- '31~ ~ Commissioner _ moved adoption of the following Resolution: __ BOARD OF COUNTY COL~IISSIONERS COUNTY OF EAGLE, STATE OF COLORADO JUj~~ ~ ",' ~~~~ RESOLUTION NO. 96 - ~g APPROVAL OF PERMIT TO CONSTRUCT EXTENSIONS TO THE UPPER EAGLE VALLEY CONSOLIDATED SANITATION DISTRICT WASTEWATER COLLECTION SYSTEM AND THE ARROWHEAD METROPOLITAN DISTRICT TO SERVE THE KNUDSON RANCH File Number 1041-038-96 WHEREAS, SUMMIT HABITATS, INC. (hereinafter "Applicant"), submitted to the Eagle County Department of Community Development an application to extend the existing water & wastewater collec- ~ tion facilities to serve The Knudson Ranch; and WHEREAS, the Eagle and Colorado Valley Planning Commission conducted a public hearing on May 15, 1996 after public notice as required by law, to consider Applicant's request to conduct the following activities of state interest: 6.04: Major extensions of existing water supply & sewage collection systems: 6.05 Efficient utilization of municipal and industrial water projects. WHEREAS, the Board of County Commissioners ("the Board"), in its capacity as the Eagle County Permit Authority, conducted a public hearing on May 28, 3996, 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 Appli- ~~ cation as it pertains to Section 6.04.15 and 6.05.15 of the County Land Use Regulations: 1 5y~'/fib R-(iy'! Y-'/43 UEi/l~jyb U5•U1~' YG 1 U~' lU K~:C llUC Sara J . !Fisher Eagle County Clerk lfc 1Zecorder U.UU a. New domestic water and sewage treatment systems shall be constructed in areas which will result in the proper utili- zation of existing water and sewage treatment systems of communities within this County within the development area and source development area; FINDINGS: This is not a new system, however, if~approved as proposed, the development will properly utilize the existing Upper Eagle Valley Consolidated Sanitation Districts sewage treatment facilities and the Upper Eagle Regional Water Authority Facilities. 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 208 Plan or other 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. d. Adequate water supplies,~as determined by the Colorado Department of Health,~are available for efficient opera- tional needs; FINDINGS: Adequate water supplies, as determined by the Colorado Department of Health, are available for efficient operational needs. e. Existing domestic water treatment systems servicing the area must be at or near operational capacity; 2 . FINDINGS: The exi .ng water treatment syste or the Upper Eagle Regional Water Authority is near operational capacity and significant upgrade are planned. The Cordillera water system has been planned to serve the proposed density. f. Existing domestic sewage treatment facilities servicing the area must be at or greater than eighty percept (80~) of operational capacity; FINDINGS:, No new density or new sewage treatment capacity is proposed. The existing sewage treatment facilities are near operational capacity during peak periods and upgrades are planned. g. The scope and nature of the proposed development will not compete with existing water and sewage services or create duplicate services; FINDINGS: This proposal will not duplicate existing services and will make use of excess and planned capacity in the . Upper Eagle Valley Consolidated Sanitation District's system, the Cordillera water system and the Upper Eagle Regional Water System. h. Age of existing water and sewage systems, operational effi- ciency, state of repair or level of treatment is such that replacement is warranted;_ FINDINGS: NA i. Area and community development and population trends demon- . strate clearly a need for such development; FINDINGS: Area and community development and population trends demonstrate strong growth trends. This project is a redistribution of approved density. j. Existing facilities cannot be upgraded or expanded to meet waste discharge permit conditions of the Colorado Water Quality Control Division; FINDINGS: NA 3 k. Appropriate cements can be obtained f any associated collector or distribution system that will serve existing and proposed needs; FINDINGS: Appropriate easements can be obtained for the proposed line extensions. 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 project 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 imple- mented. 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 4 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 deteri- orate aquatic habitats, marshlands and wetlands, groundwater recharge areas, steeply sloping or unstable terrain, forest and woodlands, critical wildlife habi- tat, big game migratory routes, calving grounds, migra- tory ponds, nesting areas and the habitats of rare and endangered species, public out-door recreation areas, and unique areas of geologic, historic or archaeologi- cal 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 develop- ment 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 be financed and main- tained and will not create an undue financial burden on existing or future residents within the development area and the source development area. r. The development site of a proposed major extension of an existing domestic water or sewage treatment system is not 5 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 major extension of an existing 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. s. Any proposed domestic water treatment and distribution system is capable of providing water meeting the require- ments of the Colorado Department of Health; FINDINGS: The proposed domestic water treatment and distribution system is capable of providing water meeting the re- quirements of the Colorado Department of Health. t. The construction of structures, buildings, and improvements associated with the proposed development will not signifi- cantly impact existing or proposed communities within the development area and source development area; FINDINGS: The construction of structures, buildings, and improve- ments associated with the proposed development will not significantly impact existing or proposed communities within the development area and source development area. In accordance with Section 6.05.15 of the Eagle County Land Use Regulations: a. The need for the proposed water project can be substanti- ated; FINDINGS: The need for the proposed water line and sewer line extensions can be substantiated based on historic and anticipated growth rates. b. Assurances of compatibility of the proposed water project with Federal, State, Regional and County planning policies regarding land use and water resources; 6 FINDINGS: The proposed development does not conflict with The Eagle County Master Plan or the Regional 208 Plan. c. Municipal and industrial water projects shall emphasize the most efficient use of water, including, to the extent per- missible under existing law, the recycling and reuse of water.--Urban development, population densities, and site layout and design of stormwater and sanitation systems shall be accomplished in a manner that will prevent the pollution of aquifer recharge areas; FINDINGS: The proposed project will emphasize efficient use of water through metering and cost structure and through the adopted water conservation plan. d. Provisions to insure that the proposed water project will not contaminate surface water resources; FINDINGS: Provisions have been proposed to control sedimentation and erosion to insure that the proposed 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 decreased the quality of peripheral or down- stream 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: The project does not propose to divert water from the source development area. g. The proposed development and the potential diversions of water from the source development area will not signifi- cantly deteriorate aquatic habitats, marshlands and wetlands, groundwater recharge areas, steeply sloping or 7 unstable terrain, forests and woodlands, critical wildlife habitat, big game migratory routes, calving grounds, migra- tory ponds, nesting areas and the habitats of 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 deteri- orate 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 and the habitats of rare and endangered species, public outdoor recreational areas, and unique areas, and unique areas of geologic, historic or archaeological 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 there- with, if any, have been paid; FINDINGS: NOT APPLICABLE i. The construction of structures, buildings and improvements associated with the proposed development will not signifi- cantly impact existing or proposed communities within the development area and source development area; FINDINGS: The construction of improvements associated with the proposed development will not significantly impact existing or proposed communities within the development area and source development area. Waiver of the Special Use Permit requirement as provided for in Section 2.09.04(3)(c)(1)(2), based on a determination that requiring a Special Use Permit in addition to the permit(s) required under the Guidelines and Regulations of Areas and Activities of the State Interest, as amended, would serve no further legitimate planning, zoning or other land use objective. 8 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO, acting as the Permit Authority: THAT, the permit to construct an extension of the Upper Eagle Valley--Consolidated Sanitation District and~the Arrowhead Metropolitan District water lines to serve the Knudson Ranch (File No. 1041-038-96~ is granted to the Applicant, SUMMIT HABITATS. INC. With the following conditions: 1. Payment of the $100 review fee to NWCCOG. 2. A Stormwater Management Plan must be prepared and submitted with the first grading or building permit application. The Stormwater Management Plan should include Best Management Practices as adopted in the Regional Water Quality Manage- ment Plan. 3. Amendment of the PUD Guide to demonstrate water conservation measures. THAT, the Board of County Commissioners directs the Depart- ment of Community Development to provide a copy of this Resolu- tion 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. 9 MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, Stage of Colorado, at its regular meeting held the ~~~ day of .(.(i~~ 1996; nunc pro tunc May 28, 1996. ATTEST : - ` °~:;.' ~:~ ~: . ~~ ~~ ~1 J By: r Sara J. Fisher Clerk to the Board COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS By Johnnette Phillips, Commissioner Commissioner ~+ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner George A. Gates Commissioner Johnnette Phillips ,~,< .~ j Commissioner James E. Johnson, Jr. This Resolution passed by ~~~,yy;i,~,~yu~1~ vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 10