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:
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Sara J . !Fisher Eagle County Clerk lfc 1Zecorder
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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;
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. 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
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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
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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
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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;
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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
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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.
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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.
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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.
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