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HomeMy WebLinkAboutR05-141 1041 for cattleman's club Commissioner 7Itn-( moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO, 2005- Iq( APPROVAL OF A PERMIT TO CONSTRUCT MAJOR EXTENSIONS OF EXISTING DOMESTIC WATER AND FOR THE EFFICIENT UTILIZATION OF A MUNICIPAL WATER PROJECT IN ORDER TO SERVE THE CATTLEMAN'S CLUB DEVELOPMENT LOCATED IN EDWARDS, COLORADO, File Number 1041-0064 WHEREAS, Hermes Custom Homes with agreements to the Lake Creek Metro District, (hereinafter "Applicant"), submitted to the Eagle County Department of Community Development an application for the extension of the Lake Creek Metro District's existing Domestic water treatment system to serve the Cattleman's Club Development, located in West Lake Creek. More specifically, the 1041 permit allows for waterline extension and construction of a 250,000 gallon water storage tank for the benefit of the Cattleman's Club development and the Lake Creek Metropolitan District as a whole; and, WHEREAS, the Cattleman's Club is an existing subdivision comprised of three (3) platted parcels (previously platted as the Williams Parcels) and five (5), unplatted parcels ofland each consisting of 35 acres in size (see attached 'Exhibit A'); and, WHEREAS, The proposed system will provide additional water storage and fire protection for the Lake Creek Metropolitan District simultaneously providing a reliable putault water source for the Cattleman's Club development, eliminating the need for individual wells; and, WHEREAS, potable water will not be used for irrigation purposes for the homesites within the Cattleman's Club; rather, non-potable irrigation water will be utilized to irrigate limited portions of each individual property and the continued common ranching activities will be provided via the existing raw water irrigation system (via water from the Moses Ditch). Pending the approval of a water augmentation plan, this system will also provide additional water for fire fighting purposes by filling small ponds fitted with dry hydrants. Failure to achieve approval of an augmentation plan will not prohibit the homeowner's ability to irrigate as they will still be able to utilize underground storage-water tanks (with water brought onto the site); or via individual well water; and, I WHEREAS, the Board of County Commissioners ("the Board"), in its capacity as the Eagle County Permit Authority, conducted a public hearing on November 8th, 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. WHEREAS, 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 Apvroval Criteria for Matters of State Interest. and as more specifically described in the application materials: (1) Documentation that 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 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. 2 (13) The Project will not significantly degrade air quality. (14) The Project will not significantly degrade existing visual quality. (IS) 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, (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 Projects, 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. 3 Pursuant to Eagle County Land Use Regulations Section 6.04.03, Additional Criteria Applicable to Major New Domestic Water and Wastewater Treatment Svstems and l\1ajor 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, (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.I,2.a. A permit application pursuant to Chapter 6, Sections one through five of the 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.I,2,b. Compliance with the Special Use Review Permit requirements would be unreasonably burdensome for the applicant. The applicant has requested a waiver of the 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 of the 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. 4 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. 2. Prior to site disturbance, the applicant must satisfy the comments set forth by the Eagle County Engineering Department in its memorandum dated October 19,2005. 3. The grading plan must include detailed site plans identifying erosion control Best Management Practices (BMPs), especially as it relates to West Lake Creek, wetland complex disturbance. 4. Each ISDS systems must be designed by a Registered Professional Engineer and must include nutrient removal technology. 5. Prior to site disturbance, the applicant must satisfy the comments set forth by the Eagle County Conservation District / Eagle County Weed Advisory Board in its letter dated October 20,2005. 6. Installation of the water system infrastructure and construction of the single family residences must comply with the recommendations set forth by the Colorado Geological Survey in its letter dated October 17,2005. 7. Prior to site disturbance, the applicant must satisfy the comments set forth by the Eagle River Fire Protection District in its letter dated October 3,2005. 8. Prior to site disturbance, the applicant must satisfy the comments set forth by the Colorado Division of Wildlife set forth in its letter dated October 13,2005. 9. Prior to site disturbance, the applicant must either obtain a 404 Pernlit or concurrence that a 404 Permit is not necessary from the U.S. Army Corps of Engineers as delineated in its letter dated October 20,2005. 10. No wood-burning fireplaces should be allowed within the Cattleman's Club development. 11. Prior to the issuance of the grading permit an "Hours of Operation Plan" will be established by the applicant to stop construction noise during off business hours and to reduce amount of vehicle (diesel and gasoline) fumes. Copies of this plan shall be provided to the County. 12. Prior to the issuance of the grading permit the applicant shall provide the County with a copy of the proposed Fuel Mitigation Plan. 5 13. Prior to the issuance of a grading permit for excavation of the non-potable water storage ponds, a plan for augmentation or temporary substitute supply plan for such ponds must be provided to the County. In the alternative, the applicant may use on- site water storage tanks for additional fire protection for Lots 5 and 6. 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 of the County of Eagle, State of Colorado, at its regular meeting held this 20th day of December, 2005, nunc pro tunc to the 8th day of November, 2005. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: BY: Teak J. Simonton Clerk to the Board of County Commissioners Peter F. Runyon, Commi BY: ~~ ~ Tom C. Stone, Commissioner Commissioner I~~ seconded adoption of the foregoing resolution. The roll having been calle6, the vote was as follows: Commissioner, Arn M. Menconi ~~ Commissioner, Peter F. Runyon ~ Commissioner, Tom C. Stone ad/' This Resolution passed by ~/O vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 6 (' Cattleman's Club EXHIBIT 'A' File No. 1041-64 ~ -, J ~ ~ J~ ~ " ~ ^~ - ~ ~ --- / r ~-- f I ill ... pard ~ \~~ I :\ ~lJir N~ J \',W ~ ~ .1 ~ r-l"'l "- 1 .. _ T A '8::'Yr ~ , m~~ ~ , ~ : J ",-, \i 1 ~~ '\ ----J .t~ ~ \ ' -'-~, r, ~ - :-0 ~ \ r 3 t~ \..- " ~ , dP .j " r::::O~ _ gS If Cardin e J"a .- ~r~ J I ~~ I _, '" t '5 1(...... :: wmlams ill IiII ' '-'_ 0 ~nplatted ,....... 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