02-25-2020 1041 Permit Findings of Fact and Record of DecisionAvon
C U L U R A D U
AVON TOWN COUNCIL
FINDINGS OF FACT AND RECORD OF DECISION
EAGLE RIVER WATER AND SANITATION APPLICATION FOR 1041 PERMIT
AVON WASTEWATER TREATEMENT PLANT IMPROVEMENTS
DATE OF PUBLIC HEARING: February 25, 2020
APPLICATION TYPE: 1041 Permit
FILE NUMBER: TEN 19001
PROPERTY LOCATION: Tract N, Block 3, Benchmark at Beaver Creek
APPLICANT/OWNER: Eagle River Water and Sanitation District
This Record of Decision is made in accordance with the Avon Development Code Section
7.16.150(b):
DECISION:
Based upon these written Findings of Fact, the Council hereby APPROVES the Application.
FINDINGS:
1. The development application is complete;
2. The development application provides sufficient information to determine that the
development application complies with the relevant review criteria;
3. The development application complies with the goals and policies of the Avon
Comprehensive Plan including:
a. Goal G.1, Protect Avon s unique natural setting and its open spaces;
b. Policy G. 1. 2, Maintain the Eagle River as a valued resource in accordance with
the most recent Eagle River Watershed Plan;
c. Policy G. 1. 4, Minimize and mitigate potential development impacts to wildlife
and watersheds;
d. Policy 1.1.2, Develop community services and facilities based on demand;
e. Goal J.1, Collaborate with other agencies to implement this plan and to ensure
Avon's needs and goals are being met;
a. J.1.1, Collaborate with county, regional, state, and federal agencies and adjacent
municipalities on cooperative planning efforts and regional issues;
b. Policy J. 1. 3, Refer applicable development submittals to regional agencies and
adjacent municipalities to coordinate on regional issues;
4. The demand for public services or infrastructure exceeding current capacity is mitigated
by the development application; and
5. The Guidelines and Requirements of Avon Development Code Section 7.40, 1041
Regulations, have been adhered to as documented in the Application and Staff's February
20, 2020 report.
CONDITIONS:
1. Construction activities that produce audible noise shall be limited to the hours of lam to
7pm Monday through Saturday, and Sam to 6pm on Sundays and Holidays;
2. Physical condition of Millie's Lane will be documented prior to construction. If
significant deterioration of the road surface from construction related activities is
observed, the District must restore the roadway to pre-existing condition or better prior to
the permit being closed;
3. A Minor Subdivision Application is required to modify lot lines prior to building permit
issuance.
4. Prior to the completion of the project, screening alternatives, color schemes, and
architectural elements will be brought before PZC to alleviate south elevation, west
elevations, and comprehensive roof treatment.
5. A new landscape plan must be approved by PZC and installed prior to completion of the
project. The former Hahnewald Barn area shall be planted with appropriate riverine trees
to replace, at a 1:1 ratio or better, any trees removed and not replanted on the adjacent
property (Lot 9 Block 3 Benchmark at Beaver Creek) and to properly screen the Eagle
Valley Trail;
6. The fence design will be presented to Planning Staff for approval before its construction;
7. All lighting on the property shall comply with Avon's Dark Sky Ordinance before a final
Certificate of Occupancy will be issued;
S. On or before March 1, 2021, and each year thereafter for the life of the permit, ERWSD
shall submit a written report to the Town Council, via the Director, detailing all past
activities conducted by the applicant pursuant to the Permit, including a satisfactory
showing that the Permittee is in compliance with all conditions of the Permit and
applicable regulations; and
9. The financial structure and plans for plant improvements will be implemented as
described in the application, as needed. Revenue Bond issuances proceed and close as
described. Revenue bond and other financial information will be provided to the Town
Attorney for review and comment at the applicant's expense.
APPROVED BY MOTION on March 10, 2020.
AVON,TOWNUN L
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By: W. g410 Attest:
Sarah Smith Hymes, qayor
Torres, Town
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