HomeMy WebLinkAboutR00-091 1041 for Buckhorn ValleyC
Commissioner �� moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2000-
APPROVAL OF PERMIT TO CONSTRUCT A MAJOR EXTENSION OF EXISTING
DOMESTIC SEWAGE TREATMENT SYSTEMS.
File Number 1041 -0024
WHEREAS, ROARK Partners, L.L.P., (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 the Buckhorn Valley Development (Exhibit A),
specifically, the applicant proposes improvements to the existing Town of Gypsum's wastewater
collection system located in U.S. Highway 6; all as more specifically described in the applica-
_ L tion; and,
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°, WHEREAS, the Eagle County Planning Commission conducted a public hearing on May
L 3, 2000, after publication and notice as required by law, to consider Applicant's request to
w conduct the following activities of state interest:
6.04: Major Extension of Existing Water and Sewage Treatment Systems.
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m WHEREAS, the Board of County Commissioners ( "the Board "), in its capacity as the
N o Eagle County Permit Authority, conducted a public hearing on June 19, 2000, to consider the
Application; and
m WHEREAS, the Board, acting as the Permit Authority, has considered all the evidence,
� tO 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:
In accordance with Section 6.04.13 (Major Extension of Existing Domestic Sewage Treatment
Systems) of the Eagle County Land Use Regulations, and as more specifically described in the
application for the Buckhorn Valley Development — Sanitary Sewer Main Extension to U.S.
Highway 6:
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;
FINDINGS: This extended sewer system, as proposed, can be accommodated within the
financial and environmental capacity of the development area and source develop-
ment area to sustain such growth and development. The Town of Gypsum's site
application for modification and expansion of its domestic water treatment works
has been approved by the Colorado Department of Public Health and Environ-
ment.
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;
FINDINGS: The proposed development does not conflict with the Eagle County Master
Plan, or the 208 Regional Water Quality Plan, or other applicable Regional,
State or Federal land use or water plans. The development activity will have
adequate facilities to collect, treat, and dispose of anticipated types of quantities of
wastewater.
C. The proposed development does not adversely affect either surface or
subsurface water rights of upstream or downstream users;
FINDINGS: Not applicable. 'There is no water diversion associated with this development.
d. Adequate water supplies, as determined by the Colorado Department of
Health, are available for efficient operational needs;
FINDINGS: Not applicable. Proposed development is not a water project.
e. Existing domestic water treatment systems servicing the area must be at or
near operational capacity;
FINDINGS: Not applicable. Proposed development is not a new water treatment system but an
extension of existing Town of Gypsum system.
L ' Existing domestic sewage treatment facilities servicing the area must be at or
greater than eighty percent (80 %) of operational capacity;
FINDINGS: Not applicable. Proposed development is not a new wastewater treatment system
but an extension of existing Town of Gypsum system.
g. The scope and nature of the proposed development will not compete with
existing water and sewage services or create duplicate services;
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FINDINGS: Not applicable. The water and sewer services provided by Gypsum are extensions
of its existing systems and will not create competing or 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;
FINDINGS: The proposed sewage conveyance facilities are not a replacement of existing
facilities but an extension of currently existing sewage district system.
i. Area and community development and population trends demonstrate
clearly a need for such development;
FINDINGS: The development of such a system is appurtenant to a sketch plan approval and
annexation proceeding granted by the Town of Gypsum.
j. Existing facilities cannot be upgraded or expanded to meet waste discharge
permit conditions of the Colorado Water Quality Control Division;
FINDINGS: Not applicable. This is not a wastewater treatment plant. Proposed development
extends Gypsum's existing sewage collection system.
k. Appropriate easements can be obtained for any associated collector or
distribution system that will serve existing and proposed needs;
FINDINGS: The applicant has necessary easements for this system.
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;
FINDINGS: No losses of any agricultural resources are rendered through the approval of this
sewer line extension. After the proposed line extension is in place, it will be
buried below grade and revegetated on the surface.
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;
FINDINGS: Not applicable. Development does not discharge either directly or indirectly into
any peripheral surface water sources nor will it communicate with groundwater
resources.
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n. The proposed development or its associated collector or distribution system
or new service areas will not violate Federal or State air quality standards;
FINDINGS: Not applicable. Proposed development extends Gypsum's existing sewage
collection system which complies with Federal and State air quality standards.
o. The proposed development or its associated collector or distribution system
will not significantly deteriorate aquatic habitats, marshlands and wetlands,
groundwater 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 endan-
gered species, public out -door recreation areas, and unique areas of geologic,
historic or archaeological importance;
FINDINGS: The proposed development of this line extension will not significantly deteriorate
environmental, recreation areas, and unique areas of geologic, historic or archaeo-
logical importance if the construction is in accordance with the application
submitted.
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;
FINDINGS: The proposed development of this line extension will not significantly degrade
existing natural scenic characteristics, create blight, nor cause other nuisance
factors.
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;
FINDINGS: The proposed development will not create an undue financial burden on existing
or future residents within the development area and the source development area.
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;
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FINDINGS: The site is not subject to natural hazards, as evidenced by the application submit-
ted.
S. Any proposed domestic water treatment and distribution system is capable of
providing water meeting the requirements of the Colorado Department of
Health;
FINDINGS: Not applicable. Not a water system.
t. The construction of structures, buildings, and improvements associated with
the proposed development will not significantly impact existing or proposed
communities within the development area and source development area;
FINDINGS: The construction of structures, buildings, and improvements associated with the
proposed extension will not significantly impact existing or proposed communi-
ties within the development area and source development area.
FINDINGS
In accordance with Section 2.09.04 (3) of the Eagle County Land Use Regulations,
approval of the Permit application:
C. 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 Commissioners upon a written petition by the applicant that:
2. That compliance with the special use permit requirements would be unrea-
sonably burdensome for the applicant.
FINDINGS: The applicant has requested a waiver of the special use permit requirements, as
such application would serve no further legitimate planning, zoning or other land use objective.
THAT, the Board of County Commissioners hereby approves this permit application.
THAT, the Board of County Commissioners directs the Department of Community
Development to provide a copy of this Resolution to the Applicant.
THAT, the Board hereby finds, determines and declares that this Resolution is necessary
for thJheth, safety and welfare of the citizens of Eagle County.
By: By:
Sara J. Fis er Tom C. Stone, Chairman
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Clerk to the Board of
County Commissioners
Commissioner seconded adoption of the foregoing resolution. The roll
having been called, the votL as follows:
Commissioner, Tom C. Stone ad4e
Commissioner, Michael L. Gallagher
Commissioner, Johnnette Phillips
This Resolution passed by c - U vote of the Board of County Commissioners of
the County of Eagle, State of Colorado.
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