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HomeMy WebLinkAboutR02-016 1041 for Berry Creek/Miller Ranch1 M 85476 Sara J Fisher Eagle, co 370 R 0.00 02/07 D 2 0.00 111111111111 02: 00P Commissioner 6%zLi L moved adoption of the following Resolution: BOARD OF COUNTY COMNIISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2002- Q/ APPROVAL OF A PERMIT TO CONSTRUCT MAJOR EXTENSIONS OF EXISTING DOMESTIC WATER AND SEWAGE TREATMENT SYSTEMS AND FOR THE EFFICIENT UTILIZATION OF A MUNICIPAL WATER PROJECT IN ORDER TO SERVE THE BERRY CREEK/MILLER RANCH PROPERTY LOCATED IN EDWARDS, COLORADO. File Number 1041 -0039 WHEREAS, the Eagle County School District RE -50J, (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 Berry Creek/Miller Ranch mixed use development. Water services are to be extended from the Berry Creek and Edwards Metropolitan Districts and wastewater services will be extended from the Eagle River Water and Sanitation District. WHEREAS, the Eagle County Planning Commission conducted a public hearing on December 5, 2001, after publication and notice as required by law, to consider Applicant's request to conduct the following activities of state interest: WHEREAS, the Board of County Commissioners ( "the Board "), in its capacity as the Eagle County Permit Authority, conducted a public hearing on December 18, 2001, 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 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 r I f 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; 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 greater 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; j. 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; 1. 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; 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 standards 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 standards; OR I 0 o. The proposed development or its associated collector or distribution system will not significantly deteriorate aquatic habitats, marshlands and wetlands, groundwa- ter recharge areas, steeply sloping or unstable terrain, forest and woodlands, critical wildlife habitat, big game migratory routes, calving grounds, migratory ponds, nesting areas and the habitats of rare and endangered species, public out -door recreation areas, and unique areas 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 financial burden on existing or future residents within the development area and the source development area. 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 area; 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 Berry Creek/Miller Ranch 1041 Application for Expansion of Wastewater Collection and Potable Water Distribution Systems: a) The need for the proposed water project can be substantiated b) Assurances of compatibility of the proposed water project with federal, state, regional and County planning policies regarding 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 I C design of storm water and sanitation systems shall be accomplished in a manner that will prevent the pollution of aquifer recharge 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 10, 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 recharge areas, steeply sloping or unstable terrain, forests and woodlands, critical wildlife habitats, big game migratory routes, calving grounds, migratory ponds, nesting areas and the habitats of rare and endangered species, public outdoor recreational areas, and unique areas of geologic, historic or archaeological 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 area 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: b. That compliance with the special use permit requirements would be unreasonably burdensome for the applicant. N M Now Therefore, be it resolved by the Board of County Commissioners of Eagle County, Colorado hereby APPROVE File No. 1041 -0039 with the following conditions: 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 unless otherwise amended by other conditions. 2. Development of the site must adhere to the recommendations set forth in the memorandum dated November 19, 2001 from Northwest Colorado Council of Governments with regard to on -site stormwater detention, stormwater quality and erosion control measures. 3. Development of the site must adhere to the recommendations set forth in the letter dated November 21, 2001 from Colorado Geological Survey with regard to geological hazard avoidance, mitigation and monitoring. 4. As per Eagle County Engineering Department's Memorandum dated November 14, 2001, "All engineering reports and plans need to be signed and sealed by a Colorado Registered Professional Engineer." 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 finds, determines and declares that this Resolutio,{i is necessary for the heal e '' ?d welfare of the (itizens of Eaale County. IC Sara J. Fisher Clerk to the Board of County Commissioners i +...b i, v11.a11111GL11 Commissioner , ni, Commissioner W Commissioner �, seconded adoption of the foregoing resolution. The roll having been called, e vote was as follows: Commissioner, Michael L. Gallagher Commissioner, Tom C. Stone Commissioner, Am M. Menconi 5 This Resolution passed by 3 - c!) vote of the Board of County Commissioners of the County of Eagle, State of Colorado.