HomeMy WebLinkAboutR06-107 -approval of 1041 for area located at Wolcott
Commissioner
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of the following Resolution:
moved adoption
BOARD OF COUNTY COMJ\lISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2006-
APPROVAL OF PERMIT FOR SITE SELECTION AND CONSTRUCTION OF A
MAJOR NEW DOMESTIC WATER AND SEWAGE TREATMENT SYSTEMS AND
EFFICIENT UTILIZATION OF A MUNICIPAL WATER PROJECT FOR THE VINES
AT VAIL 1041 PERMIT AREA LOCATED IN WOLCOTT, COLORADO
File Number 1041-0065
WHEREAS, KIW A Associates, LLC ("Applicant"), with the agreement of the Eagle
River Water and Sanitation District, submitted to the Eagle County Department of Community
Development an application for the establishment of a new water storage tank and public water
and wastewater system in Wolcott ("the Project"). More specifically, the 1041 permit allows for
the construction of a water storage tank for the benefit of the Vines at Vail 1041 Permit area, the
Vines at Vail PUD development, and the Wolcott Area as a whole, as well as a public water and
wastewater treatment system for the Vines at Vail 1041 Permit area; and
WHEREAS, the Vines at Vail 1041 Permit area is limited and does not encompass all
properties within the Eagle River Water and Sanitation District (see attached 'Exhibit A' and
'Exhibit B '); and
WHEREAS, the Vines at Vail will host interim water and wastewater treatment facilities
until such a time as the Eagle River Water and Sanitation District establishes permanent facilities
for the Wolcott area; and
WHEREAS, the Eagle River Water and Sanitation District has sole ownership ofthe
water storage tank located on BLM property, accessed through the Vines at Vail PUD property;
and
WHEREAS, the Vines at Vail Planned Unit Development Preliminary Plan and Zone
Change was approved as files No. PDP-00033 and No. ZC-00079; and
WHEREAS, the Board of County Commissioners ("the Board"), in its capacity as the
Eagle County Permit Authority, conducted a public hearing on September 5t\ 2006 to consider
the Application; and
WHEREAS, the Board, acting as the Permit Authority, has considered all the evidence,
exhibits and arguments presented at 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
Approval Criteria for Matters of State Interest. and as more specifically described in the
application materials:
(1) The Project will not impair property rights held by others.
(2) The Project is consistent with relevant provisions of applicable land use and water
quality plans.
(3) The applicant has the necessary expertise and financial capability to develop and
operate the Project consistently with all the requirements and conditions.
(4) The Project is technically and financially feasible.
(5) The Project is not subject to significant risk from natural hazards.
(6) The Project will not have a significant adverse effect on land use patterns.
(7) 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.
(8) The Project will not create an undue financial burden on existing or future residents
of the County.
(9) The Project will not significantly degrade any current or foreseeable future sector
of the local economy.
(10) The Project will not have a significant adverse effect on the quality or quantity of
recreational opportunities and experience.
(11) The planning, design and operation ofthe Project shall reflect principles of
resource conservation, energy efficiency and recycling or reuse.
(12) The Project will not significantly degrade air quality.
(13) The Project will not significantly degrade existing visual quality.
(14) The Project will not significantly degrade surface water quality.
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(15) The Project will not significantly degrade groundwater quality.
(16) The Project will not significantly degrade wetlands and riparian areas.
(17) The Project will not significantly degrade terrestrial or aquatic animal life or its
habitats.
(18) The Project will not significantly deteriorate terrestrial plant life or plant habitat.
(19) The Project will not significantly deteriorate soils and geologic conditions.
(20) The Project will not cause a nuisance.
(21) The Project will not significantly degrade areas of paleontological, historic, or
archaeological importance.
(22) The Project will not result in unreasonable risk of releases of hazardous materials.
(23) 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.
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Pursuant to Eagle County Land Use Regulations Section 6.04.03, Additional Criteria
Applicable to Maior New Domestic Water and Wastewater Treatment Svstems and Alaior
Extensions of Existinf! Domestic Water and Wastewater Treatment Svstems. and as more
specifically described in the application materials.
(1) The Project is 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 is permitted in an area 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:
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.
THA T, the Board of County Commissioners hereby directs the Department of
Community Development to provide a copy of this Resolution to the Applicants.
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THAT, the permit for Site Selection and Construction of A Major New Domestic Water
and Sewage Treatment Systems and Efficient Utilization of A Municipal Water Project For The
Vines at Vail 1041 Permit Area be and is hereby conditionally granted subject to the following
conditions of approval:
1. 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, except to the extent that they are
amended by other conditions.
2. Any grading plans must include detailed site plans identifying erosion control Best
Management Practices (BMPs); construction staging areas for equipment stage and
a Spill Prevention Control and Countermeasures Plan (SPCC).
3. Prior to site disturbance, the applicant must either obtain a 404 Permit or
concurrence that a 404 Permit is not necessary from the U.S. Army Corps of
Engineers.
4. Prior to the issuance ofthe 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.
5. A Storm Water Management Plan (SWMP) must be prepared by the applicant and
approved by the Eagle County Environmental Health Department prior to obtaining
a grading permit.
6. A Dust Suppression Plan must be prepared by the applicant and approved by the
Eagle County Environmental Health Department prior to obtaining a grading
permit. The plan shall be kept onsite and implemented at all times during
construction. The plan must identify who can be contacted immediately to abate
dust issues and how such contact may be made.
7. Failure to adhere to these conditions will result in the cessation of work until
appropriate measures have been taken to restore compliance.
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.
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MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held this :; \ day of ~,
2006, nunc pro tunc to the 5th day of September, 2006.
BY:
COUNTY OF EAGLE, STATE OF COLORADO, By and
Through Its BOARD OF COUNTY COMMISSIONERS
Te
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Clerk:fQ
County-cQtnn::~s}gners
BY:
ByArn ~ i::oner
Tom C. S ne, CommIssIOner
J!11 ~.
commissioner~ seconded adoption of the toregoing resolution.
been called, the vote was as follows:
The roll having
Commissioner Peter F. Runyon
Commissioner Am M. Menconi
Commissioner Tom C. Stone
Lll-J -(
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This Resolution passed by ~ vote of the Board of County Commissioner of the
County of Eagle, State of Colorado.
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00.036.07
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Vines at Vail 1041 Permit Area
1041-0065
Exhibit '~"
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Use of this map should be for general and
informational purposes only. Eagle County
does not warrant the accuracy of the data
contained herein.
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