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HomeMy WebLinkAboutR96-089 etension to gypsum's wastewater collection system1 u J ~--- Commissioner _ `~`~l..C~~.,CL~.~ moved adoption ;~'" ~ J of the following Resolution ice. BOARD OF COUNTY CONII~iISSIONERS COUNTY OF EAGLE, STATE OF COLORADO .., RESOLUTION NO . 9 6 - 8 APPROVAL OF PERMIT TO CONSTRUCT EXTENSIONS TO THE TOWN OF GYPSUM J WASTEWATER COLLECTION SYSTEM AND WATER SUPPLY SYSTEM TO SERVE THE a EAGLE COUNTY REGIONAL AIRPORT, THE AIRPORT GATEWAY CENTER AND THE VALLEY AIRPARK o File Number 1041-039-96 :~ x - o WHEREAS, THE TOWN OF GYPSUM (hereinafter "Applicant"), . submitted to the Eagle County Department of .Community Development an application to extend the existing water & wastewater ~ collection facilities to serve The Eagle County Regional Airport, '~ ~+ The Airport Gateway Center and the Valley Airpark; and ~ ~ a~ ~ ~ o WHEREAS, the Eagle County Planning Commission conducted a ~-+ ~ public hearing on June 5, 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 ~:~ ~~ o ~ projects . ~ a~ ~ ~' ~ WHEREAS, the Board of County Commissioners ("the Board"), in ~~ ~ its capacity as the Eagle County Permit Authority, conducted a T public hearing on June 18, 1996, 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. ~ -~ ~ ~ ~ c~ ~ T ~ cd lO ;1~ 1 WHEREFORE, b~ ed on the evidence presen 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: a. New domestic water and sewage treatment systems shall be constructed in areas which will result is the proper utilization 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 Town of Gypsum 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 Town of Gypsum 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 operational 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: Not App cable, no new systems are ~ing proposed. f. Existing domestic sewage treatment facilities servicing the area must be at or greater than eighty percent (80~) of operational capacity; FINDINGS: No new sewage treatment system is proposed. The . existing sewage treatment facilities can be expanded and upgraded to serve the proposed development. 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. Town of Gypsum water and sewage treatment systems. 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 development and population trends demonstrate strong growth trends in and around the Town of gypsum. 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: Appropriate easements can be obtained for the proposed line extensions. 3 1. The benefits the proposed developmen utweigh 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 Commnissiom 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; 4 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 blight, aor 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 be financed with private funds and bonds 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 subject to significant risk from earthquakes, floods, fires, snowslides, landslides, avalanches, rock slides or other disasters which could cause a system operation breakdown; 5 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 requirements of the Colorado Department of Health; FINDINGS: The proposed domestic water treatment and 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. In accordance with Section 6.05.15 of the Eagle County Land Use Regulations: a. The need for the proposed water project can be substantiated; 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; - FINDINGS: The proposed development does not conflict with The Eagle County Master Plan The Town of Gypsum Master Plan or the Regional 208 Plan. 6 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 stormwater aad sanitation systems shall be accomplished is a manger 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 Town of Gypsum's water conserving policies. 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 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 1Q, • 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 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 and the habitats of rare and 7 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 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 therewith, if any, have been paid; FINDINGS: NOT APPLICABLE i. The construction of structures, buildings and improvements associated with the proposed development will not significantly impact existing or proposed coamnunities 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 town of Gypsum's water and sewer lines to serve The Eagle County Regional airport, The Airport Gateway Center and The Valley Airpark, (File No. 1041-039-96) is granted to the Applicant, THE TOWN OF GYPSUM. THAT, the requirements of a Special Use Permit contained in Section 2.09.04(3)(c) are waived. 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, Stat of Colorado, at its regular meeting held the day of 1996; nunc pro tunc JUNE 18 , 19 9 6 . ~ " "; _ _ titter. ATTEST : ~` ~; Y: ~,~''; ~~f COUNTY OF EAGLE, STATE OF ~' COLORADO, by and Through Its /~°~ ,~"~ ~ BOARD OF COUNTY COMMISSIONERS ~~Ju~~ d-/ ~~ ~~J h-• __ ~ ~ By Sara J. Fisher Clerk to the Board E Commissioner ,~1~/LrI~7L seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: a Y Commissioner George A. Gates Commissioner Johnnette Phillips Commissioner James E. Johnson, Jr. This Resolution passed by Z-~~~~2~~ ~~~~ vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 10 Commissioner