HomeMy WebLinkAboutR05-036 Town of Eagle Water Line File No. 1041-0058
Commissioner moved adoption --
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2005-
APPROVAL OF A PERMIT TO CONSTRUCT MAJOR EXTENSIONS OF
EXISTING DOMESTIC WATER SYSTEMS, AND FOR THE EFFICIENT
UTILIZATION OF A MUNICIPAL WATER PROJECT, IN ORDER TO MOVE AND
UP-SIZE A WATER LINE TO SERVE THE TOWN OF EAGLE, COLORADO
File Number 1041-0058
WHEREAS, on or about December 9, 2004, Kummer Developement Corporation, d.b.a.
Adams Rib Recreational Area, Inc. (hereinafter the "Applicant"), representing the Town of
Eagle, submitted to the Eagle County Department of Community Development an application for
a Major Extension of an Existing Domestic Water and Sewage Treatment System to serve the
Town of Eagle, Colorado, said project described as follows:
The relocation and up-sizing of approximately 3500 feet of existing 14" domestic
waterline that extends from the Town of Eagle Treatment Plant (located 7 miles south
of the Town of Eagle, Colorado on Brush Creek) north to the Mosher Subdivision.
The new line will be 24 inches in diameter, and will parallel Brush Creek Road. The
existing line that crosses to the west of Brush Creek through the future development
area of the Frost Creek Planned Unit Development will be abandoned in place. No
additional development is associated with this project; and
WHEREAS, in accordance with Chapter II, Article 3, Section 3.310.1.2, Waiver
Provision of the Eagle County Land Use Regulations, the Applicant requested a waiver from the
requirement for a Special Use Permit by the Board, as such application for Special Use would
serve no further legitimate planning, zoning or other land use objective; and,
WHEREAS, notice of the application was given to all proper agencies and departments
as required by the Eagle County Land Use Regulations, Section 5-210.E; and
WHEREAS, the Board of County Commissioners of the County of Eagle, State of
Colorado (herein after "the Board"), in its capacity as the Eagle County Permit Authority,
conducted a public hearing on March 15,2005, to consider the Applicant's request; and
WHEREAS, based on the evidence, testimony, exhibits, comm{(nts of the Eagle County
Department of Community Development, comments of public officials, agencies, and interested
1
parties, the Board of County Commissioners of the County of Eagle, State of Colorado, acting as
the Permit Authority, finds as follows:
Pursuant to Eagle County Land Use Regulations Section 6.04.01, Permit Application Approval
Criteria for matters of State Interest.
1) 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 requirements and conditions.
5) The Project is technically and financially feasible.
6) The project is not subject to significant risk from natural hazard.
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 of
recreational opportunities and experience.
12) The planning, design and operation of the Project shall reflect principals 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 ground water quality.
2
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 create 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 do 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.
Pursuant to Eagle County Land Use Regulations Section 6.04.02, Additional Criteria Avplicable
to Municival and Industrial Water Projects,
1) The Project shall emphasize the most efficient use of water, including the
recycling, reuse and conservation of water.
2) The Project shall 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
the County of Eagle, State of Colorado:
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 permit for Major Extension of Existing Water and Sewage Treatment
Systems and for Efficient Utilization of a Municipal Water Project be and is hereby granted
subject to the following conditions:
3
1. That a Grading Permit and a Permit to Construct in the Right-of-Way shall be obtained from
Eagle County Engineering for this project prior to any site disturbance.
2. That pursuant to the referral response from the Eagle County Planning Commission
(03/02/05) mature cottonwood trees in close proximity to the trenching operation that can be
saved shall be fenced with wooden lathe or other suitable fencing material to protect them
from damage.
'"l That 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 hereby directs the Department of
Community Development to provide a copy of this Resolution to the Applicant.
THAT, the Board further finds, determines and declares that this Resolution is necessary
for the health, safety and welfare of the inhabitants ofthe County of Eagle, State of Colorado.
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the:;;tt day
2005, nunc pro tunc to the 15th day of March, 2005.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
e;;p~: .
By:
Teak J. Simonton
Clerk to the Board of
County Commissioners
4
Commissioner seconded adoption of the foregoing resolution. The roll .-
having been
Commissioner, Am M. Menconi
Commissioner, Peter F. Runyon
Commissioner, Torn C. Stone
This Resolution passed by vote of the Board of County Commissioners of
the County of Eagle, State of Colorado.
5