HomeMy WebLinkAboutR03-071 Town of Eagle Water Treatment Project to Serve Eagle Ranch File No. 1041-0045~f~ ~-
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Commissioner moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION N0.2003- (~ `vJ j
APPROVAL OF A PERMIT TO CONSTRUCT
MAJOR EXTENSIONS OF EXISTING
DOMESTIC WATER TREATMENT SYSTEMS
AND FOR THE , ,
EFFICIENT UTII,IZATION OF A MUNICIPAL WAT>/R PROJECT IN ORDER TO SERVE
THE TOWN OF EAGLE
File Number 1041-0045
WHEREAS, the Town of Eagle, (hereinafter "Applicant"), submitted to the Eagle
County Department of Community Development an application for major extensions of its
existing domestic water treatment system to serve the Eagle Ranch and other development within
its municipal boundaries; and,
WHEREAS, the Applicant provided plans which would allow for development as
follows:
The installation of approximately 4,350 feet of 24" water main. The segment of mainline
to run between the lower Brush Creek Water Tank north to the location where the
existing 16" mainline entering Eagle Ranch intersects the existing 12" mainline running
into the Town of Eagle. This junction is located adjacent to and south of the bridge
entering Eagle Ranch,'at the intersection of Ouzel Lane and Brush Creek Road.
See Exhibit A, Transmission Line Replacement, attached; and,
WHEREAS, the Board of County Commissioners ("the Board"), in its capacity as the Eagle
County Permit Authority, conducted a public hearing on Apri115, 2003, after publication and
notice as required by law, to consider the Applicant's request to conduct the following activities
of state interest:
6.04: Major Extension of Existing Water Treatment Systems
6.05: Efficient Utilization of Municipal Water Projects
WHEREAS, the Board, acting as the Permit Authority, has considered all the evidence,
exhibits and arguments presented at and prior to the hearings.
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Commissioner moved adortion
' of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION N0.2003- d ~ J
APPROVAL OF A PERMIT TO CONSTRUCT
MAJOR EXTENSIONS OF EXISTING
DOMESTIC WATER TREATMENT SYSTEMS
AND FOR THE
EFFICIENT UTILIZATION OF A MUNICIPAL WATER PROJECT IN ORDER TO SERVE
THE TOWN OF EAGLE
File Number 1041-0045
WHEREAS, the Town of Eagle, (hereinafter "Applicant"), submitted to the Eagle
County Department of Community Development an application for major extensions of its
existing domestic water treatment system to serve the Eagle Ranch and other development within
its municipal boundaries; and,
WHEREAS, the Applicant provided plans which would allow for development as
follows:
The installation o~ approximately 4,350 feet of 24" water main. The segment of mainline
to run between the lower Brush Creek Water Tank north to the location where the
existing 16" mainline entering Eagle Ranch intersects the existing 12" mainline running
into the Town of Eagle. This junction is located adjacent to and south of the bridge
entering Eagle Ranch, at the intersection of Ouzel Lane and Brush Creek Road.
See Exhibit A, Transmission Line Replacement; attached; and,
WHEREAS, the Board of County Commissioners ("the Board"), in its capacity as the Eagle
County Permit Authority, conducted a public hearing on April 15, 2003, after publication and
notice as required by law, to consider the Applicant's request to conduct the following activities
of state interest:
6.04: Major Extension of Existing Water Treatment Systems
6.05: Efficient Utilization of Municipal Water Projects
WHEREAS, the Board, acting as the Permit Authority, has considered all the evidence,
exhibits and arguments presented at and prior to the hearings.
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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 of the County
Land Use Regulations:
An application was submitted in compliance with section 6.04.13 ECLUR. The Board
makes the following findings as required by 6.04.15 which are supported by the evidence
and application:
a. Major extensions of domestic water and sewage treatment systems 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 development area and source development area
.to sustain such growth and development.
b. The proposed development does not conflict with an approved local master plan
or other applicable Regional, State or Federal land use or water plan. '
c. The proposed development does not adversely affect either surface or subsurface
water rights of upstream or downstream users. ..
d. Adequate water supplies, as determined by the Colorado Department of Health,
are available for efficient operational needs. '
e. Existing domestic water treatment systems servicing the area must be at or near
operational capacity.
f. Existing domestic sewage treatment facilities servicing the area must be at or
gireater than eighty percent (80%) of operational capacity.
g. The scope and nature of the proposed .development will not compete with existing
water and sewage services or create duplicate services.
h. Age of existing water and sewage systems, operational efficiency, state of repair
or level of treatment is such that replacement is warranted.
i. Area and community development and population trends demonstrate clearly a
need for such development.
Existing facilities cannot be upgraded or expanded to meet waste discharge permit
conditions of the Colorado Water Quality Control Division.
k. Appropriate easements can be obtained for any associated collector or distribution
system that will serve existing and proposed needs.
The benefits of the proposed development outweigh the losses of any natural
resources or agricultural lands rendered unavailable as a result of the proposed
development.
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m. The proposed development will not decrease the quality of peripheral downstream
surface or subsurface water resources below that designated by Colorado Water
Quality Control Commission as established on May 22, 1979, and effective July
10, 1979, or more stringent standazds subsequently adopted.
n. The proposed development or its associated collector or distribution system or
new service areas will not violate Federal or State air quality standazds.
o. The proposed development or its associated collector or distribution system will
not significantly deteriorate aquatic habitats, marshlands and wetlands, groundwa-
ter rechazge areas, steeply sloping or unstable terrain, forest and woodlands,
critical wildlife habitat, big game migratory routes, calving grounds, migratory
ponds, besting areas and the habitats of rare and endangered species, public
out-door recreation azeas, and unique azeas of geologic, historic or archaeological
importance.
p. The proposed development or its associated collector or distribution system will
not significantly degrade existing, natural scenic characteristics, create blight, nor
cause other nuisance factors such as excessive noise or obnoxious odors.
q. The proposed development or its associated collector or distribution systems will
not create an undue fmancial burden on existing or future residents within the
development azea and the source development azea. The cost of securing an
adequate supply of water for existing and future. needs of the residents of the
County shall be considered in determining whether an "undue financial burden"
will result.
r. The development site of a proposed major extension of an existing domestic water
or sewage treatment system. is not subject to significant risk from earthquakes,
floods, fires, snowslides, landslides, avalanches, rock slides or other disasters
which could cause a system operation breakdown.
Any proposed domestic water treatment and distribution system is capable of
providing water meeting the requirements of the Colorado Department of Health.
t. The construction of structures, buildings, and improvements associated with the
proposed development will not significantly impact existing or proposed commu-
nities within the development area and source development azea.
In accordance with Section 6.05.15 (Efficient utilization of municipal water projects) of the
Eagle County Land Use Regulations, and as more specifically described in the Town Of
Eagle 1041 Application for a Major Extension of an Ezisting Domestic Water Distribution
System:
a) The need for the proposed water project can be substantiated.
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b) Assurances of compatibility of the proposed water project with federal, state,
regional and County planning policies regazding land use and water resources.
c) Municipal and industrial water projects shall emphasize the most efficient use of
water, including, to the extent permissible under existing law, the recycling and
reuse of water. 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 rechazge areas.
d) Provisions to insure that the proposed water project will not contaminate surface
water resources.
e) The proposed water project is capable of providing water pursuant to standards of
the Colorado Department of Health.
.f) ~ The proposed diversion of water from the source development area will not '
decrease the quality of peripheral or downstream surface and subsurface water
resources in the source development area below that designated by the Colorado
Water Quality Control Division on May 22, 1979, and effective July 1.0, 1979, or
more stringent standards subsequently adopted.
g) The,proposed development and the potential diversions of water from the,source
development area will not significantly deteriorate aquatic habitats, marshlands
and wetlands, groundwater rechazge areas, steeply sloping or unstable terrain,
forests and woodlands, critical wildlife habitats, big game migratory routes,
calving grounds, migratory ponds, nesting azeas and the'habitats of raze and
efldangered species, public outdoor recreational areas, and unique areas of
geologic, historic or azchaeological importance.
h) The salinity and advance wastewater treatment offset plans required by Subsec-
tions 6.05.13(16) and (17) have been approved by the Permit Authority and
required fees associated therewith, if any, have been paid.
i) The construction of structures, buildings, and improvements associated with the
proposed development will not significantly impact existing or proposed commu-
nities within the development azea and source development area.
In accordance with Section 3-310.I (2) of the Eagle County Land Use Regulations--Waiver
Provision of the Special Review Use permit requirements:
2. The Special Review Use permit requirements for major new domestic water or
sewer systems, major extensions of such systems, and municipal and industrial
water projects may be waived in whole or in part by the Board of County Com-
missioners upon a written petition by the applicant that:
WHEREAS: The Board of County commissioners, during the April 15, 2003
hearing for File 1041-0045, approved a motion to waive compliance with the
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special use permit requirements as they would be unreasonably burdensome for
the applicant and would serve no further land use objective.
Now Therefore, be it resolved by the Board of County Commissioners of Eagle County,
Colorado hereby APPROVE File No. 1041-0045. with the following conditions:
1. All material representations by the Applicant will become conditions of the
permit.
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 of County Commissioners hereby fords, determines and declares that this
Resolution is necessary for the health, safety and welfare oft c 'ens of gle Coun
By: ~ By:
Teak J. Simo ton Michael L. Gallagher_ C '
Clerk to the Board of
County Commissioners
Menconi, Commissioner
Commissioner seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner, Michael L. Gallagher
Commissioner, Tom C. Stone
Commissioner, Arn M. Menconi
This Resolution passed by vote of the Board of County Commissioners of
the County of Eagle, State of Colorado.
APPROVED AS TO FO N~'
r
's Office's
By. Eagle County Attorney
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