HomeMy WebLinkAboutR02-129 Donovan Parcel water and sewer treatment projectCommissioner &Ln--a moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2002- la
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 ARROWHEAD RIVER RANCH PROPERTY (FORMERLY THE DONOVAN PARCEL)
LOCATED IN EDWARDS, COLORADO.
File Number 1041.0043
WHEREAS, John and Diana Donovan, (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 Arrowhead River Ranch (formerly
the Donovan Parcel) development. Water services are to be extended from the Arrowhead
Metropolitan District 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 July
17, 2002, after publication and notice as required by law, to consider Applicant's request to
conduct the following activities of state interest:
6.04: Major Extension of Existing Water and Sewage Treatment Systems
6.05: Efficient Utilization of Municipal Water Projects
WHEREAS, the Board of County Commissioners ( "the Board "), in its capacity as the
Eagle County Permit Authority, conducted public hearings on July 30, 2002 and on September
10, 2002, 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 and 6.05 of the
County Land Use Regulations:
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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;
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;
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;
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;
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;
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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 Cornmission 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;
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;
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;
S. Any proposed domestic water treatment and distribution system is capable of
providing water meeting the requirements of the Colorado Department of Health;
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 Donovan
Parcel 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
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- 310.1(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
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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.
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.
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 -31012 of the Eagle County Land Use regulations is hereby granted.
THAT, the Board of County Commissioners hereby directs the Department of Commu-
nity Development to provide a copy of this Resolution to the Applicant.
THAT, the permit for Major Extension of Existing Water and Sewage treatment Systems
and for Efficient Utilization of a Municipal Water Project be and is hereby conditionally granted
subject to the following conditions of approval:
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 provisions of the Stormwater Manage-
ment Plan dated February 21, 2002 and amended June 20, 2002.
Development of the site must adhere to recommendations for site landscaping
submitted by Rick Olsen, Natural Resources Conservation Service, dated 4/17/02.
4. Development of the site must adhere to recommendations set forth in the memo-
randa dated May 8, 2002 from Northwest Colorado Council of Governments and
dated July 17, 2002 from Eagle County Engineering.
Development of the site must provide a program to insure the scheduled inspec-
tion and cleaning of the proposed stormwater run -off detention structures.
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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.
F,
Sara J. Fisher
Cleric to the Board of
County Commissioners
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Am M. Menconi, Commissioner
Commissioner seconded adoption of the foregoing resolution. The roll
having been called, the v was as follows:
Commissioner, Michael L. Gallagher
Commissioner, Tom C. Stone _
Commissioner, Am M. Menconi
This Resolution passed by a —0 vote of the Board of County Commissioners of
the County of Eagle, State of Colorado.
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