HomeMy WebLinkAboutR05-049 Brightwater Club Development Permit to Construct File No. 1041-0060
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 l\1AJOR EXTENSIONS OF EXISTING
DOMESTIC WATER AND SEWAGE TREATMENT SYSTEMS AND FOR THE
EFFICIENT UTILIZATION OF A MUNICIPAL 'VATER PROJECT IN ORDER TO
SERVE THE BRIGHTW ATER CLUB DEVELOPMENT (FORMERLY KNOWN AS
V ALAGUA) LOCATED IN GYPSUM, COLORADO.
File Number 1041-0060
WHEREAS, the Town of Gypsum, (hereinafter "Applicant"), submitted to the Eagle
County Department of Community Development an application for Major Extensions of Existing
Domestic Water and Sewage Treatment Systems to serve the Brightwater Club Development.
Water services are to be upgraded and extended from the Town of Gypsum Mosher Water
Treatment Facility and wastewater services will be extended from the Brightwater Club
Development tying into the Town's existing sewer lines and the ultimately to the Town's 1
million gallon per day sewage treatment plant.
WHEREAS, the Board of County Commissioners ("the Board"), in its capacity as the
Eagle County Permit Authority, conducted a public hearing on March 22, 2005 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 Application as it pertains to Section 6.04.01,6.04.02 and
6.04.03 of the County Land Use Regulations:
Pursuant to Eagle County Land Use Regulations, Section 6.04.01, Permit Application
Approval Criteria for Matters of State Interest. and as more specifically described in the
application materials.
This 1041 Permit Application is somewhat unique in that the development driving the need
for this 1041 Permit review and approval by the Eagle County Permit Authority is located
within and has already received approval by the Town of Gypsum. Given this arrangement,
the Permit Authority focused on the site specific impacts caused by infrastructure
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construction, as well as, related regional impacts that will be generated as a result of the
development.
(1) Documentation that prior to site disturbance for the Project, the applicant will has
obtained all necessary property rights, permits and approvals. The Board may, at
its discretion, defer making a final decision on the application until outstanding
property rights, permits and approvals are obtained.
(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 technically 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 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 groundwater quality.
(17) The Project will not significantly degrade wetlands and riparian areas.
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(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.
Pursuant to Eagle County Land Use Regulations Section 6.04.02, Additional Criteria
Applicable to Municipal and Industrial Water Proiects, 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 Svstems and Maior
Extensions of Existing Domestic Water and Wastewater Treatment Svstems, and 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.
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(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 will 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 the 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.
Special Use Permit Waiver: In accordance with Chapter II, Article 3, Section 3.310.1.2,
Waiver Provision, of the Eagle County Land Use Regulations, the Special Review Use
Permit application for water and sewer projects may be waived in whole or in part by the
Board of County Commissioners upon a written petition by the applicant showing that:
3.310.1.2.a. A permit application pursuant to Chapter 6, Sections one through five ofthe
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.
3.310.1.2.b. Compliance with the Special Use Review Permit requirements would be
unreasonably burdensome for the applicant.
The applicant has requested a waiver ofthe Special Use Review Permit requirements as such
application would serve no further legitimate planning, zoning or other land use objective.
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 ofthe Eagle County Land Use regulations is hereby granted.
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 permit for Major Extension of Existing Water and Sewage treatment Systems
and for Efficient Utilization of a Municipal Water Project be and is hereby conditionally granted
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 public meetings
shall be adhered to and considered conditions of approval, unless otherwise
amended by other conditions.
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2. A Permit to Construct in the Public Way for water and sewer line installation in
the Valley Road, Daggett Lane and Cottonwood Pass Road rights-of-way A.~ a
Grading Permit for any water and sewer line or infrastructure construction not
located in a right-of-way must be obtained from Eagle County prior to any work
commencing as set forth in the Eagle County Engineering Department in its
memorandum dated February 24,2005.
3. Implementation of the Water Quality Management Plan must adhere to the
recommendations set forth by the Northwest Colorado Council of Governments in
its letter dated February 24,2005.
THAT, the Board of County Commissioners hereby finds, determines and declares that
this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County.
MOVED, READ AND ADOPTED by the Board of County Commissioners ofthe
County of Eagle, State of Colorado, at its regular meeting held this 26th day of April, 2005,
nunc pro tunc to the 22nd day of March, 2005.
COUNTY OF EAGLE, STATE OF COLORADO, By and
Through Its BOARD OF COUNTY COMMISSIONERS
ATTEST:
By:
Clerk to the Board of
County Commissioners
Commissioner seconded adoption of the foregoing resolution. The roll
having been called, the v was as follows:
Commissioner, Am M. Menconi
Commissioner, Peter F. Runyon
Commissioner, Tom C. Stone
This Resolution passed by vote of the Board of County Commissioners of
the County of Eagle, State of Colorado.
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