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HomeMy WebLinkAboutR06-107 -approval of 1041 for area located at Wolcott Commissioner St)(\~ 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. 2 (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. 3 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. 4 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. 5 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 ... 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 -( 4~} L? This Resolution passed by ~ vote of the Board of County Commissioner of the County of Eagle, State of Colorado. 6 00.036.07 I I " I I 0.14 Miles I I Vines at Vail 1041 Permit Area 1041-0065 Exhibit '~" ~(~LE CQUNTr Use of this map should be for general and informational purposes only. Eagle County does not warrant the accuracy of the data contained herein. o !'O Q) I.... <! Q) v > I.... Q) Vl .~ -<-I !'O '_ > E I.... -<-I Q) <!CL V1 Q)"- C'7 .~ 0 >..-