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HomeMy WebLinkAboutERWSD response_EverVail Referral � EAGLE RIVER ��r WATER 8c SANITATION DISTRICT � 846 Forest Road�Vail,Colorado 81657 (970)476-7480�FAX(970)476-4089 www.erwsd.org December 8, 2008 Mr. Warren Campbell Department of Community Development Town of Vail 75 South Frontage Road Vail, CO 81657 Subject: EverVail Preliminary Plan Referral Dear Warren, Thank you for the opportunity to comment on the Ever Vail Preliminary Plan Application submitted by Vail Resorts Development Company (VRDC). We have reviewed the Town's referral package and we are currently working with VRDC to determine the conditions necessary to provide water and wastewater service to the proposed Ever Vail development. The proposed development is currently being processed through the Eagle River Water & Sanitation District's (District) development approval procedures, which for this proposed development, will include: • Determination of water rights dedication requirements; and • District Infrastructure Acceptance Procedure, which includes Construction Plan Approval, Construction Acceptance and Final Acceptance. The Construction Plan Approval procedure includes the evaluation of the proposed infrastructure, including efficiency of the system as it relates to future operating and maintenance costs; and the impacts that the proposed development will have on existing water and wastewater systems, including the capacity and function of distribution, collection and treatment facilities and operations and maintenance impacts. In addition, VRDC and the District are currently working together to evaluate the feasibility of alternatives for integration of the District's Vail Wastewater Treatment Plant (VWWTP) and the future Vail Drinking Water Facility (VDWF) into the proposed Ever Vail development. The alternatives being evaluated include: • The VWWTP remains in its existing location, mitigation is provided to screen the plant from the proposed development and decrease the potential for odors to migrate off the plant site, and the VDWF is constructed at some time in the future on the District's property; WATER,WASTEWATER,OPERATIONS Hc MANAGEMENT SERVICES � Page 1 of 3 EAGLE RIVER WATER&SANITATION DISTffiCT • The VWWTP is relocated to an area in the western portion of the Ever Vail development, a building space for a future VDWF is located either adjacent to the VWWTP or in another location within the Ever Vail development, the District offices are relocated outside of the Town of Vail, the existing VWWTP is abandoned and ownership of the District's existing property is transferred to Vail Resorts; and • The VWWTP is relocated to an area in the eastern portion of the Ever Vail development, a building space for a future VDWF is located either adjacent to the VWWTP or in another location within the Ever Vail development, the District offices are relocated outside of the Town of Vail, the existing VWWTP is abandoned and ownership of the District's existing property is transferred to Vail Resorts. A final draft of this analysis is expected in late January 2009. A dedication of water rights to the District to serve the proposed development may be required. The District will require the submittal of a Water Demand Worksheet from VRDC for the proposed development. Proposed demands will be evaluated in order to determine the amount and characteristics of water needed to serve the proposed development and, alternatively, the dollar amount of a cash payment in lieu of a water rights dedication, if such a cash payment is approved by the District Board of Directors. We have not yet received a proposal for the dedication of waters rights or indication of a request for an alternative cash payment in lieu of a water rights dedication from VRDC. The Ever Vail plans, as have recently been presented to the Town, raise a number of concerns for the District that we feel are critical items to be addressed by the Town in its review process: 1. We request that our site be shown and clearly labeled "Sewage Treatment Plant" on any drawings on which other uses are labeled; 2. We request that the Town, the District and VRDC cooperate to create a mechanism to protect the Town and the District from nuisance lawsuits brought by EverVail homeowners who are unhappy with the proximity of their homes to the VWWTP and the VDWF. The mechanism will include: a. A disclosure of the existence and locations of the VWWTP and the VDWF and their potential impacts on homes; b. An acknowledgement by homeowners of the existence, locations and potential impacts of the VWWTP and VDWF; and c. A waiver and release of all claims against the Town and the District and a covenant not to sue the Town or the District with respect to the VWWTP and VDWF by all homeowners within EverVail. We suggest that these concepts be documented in (a) all public offering documents and contracts used in connection with the sale and marketing of new homes within EverVail and (b) one or more documents recorded against the EverVail property, such as the subdivision plat, master association declaration and condo declarations. Finally, we request that the Town's final approvals for EverVail (zoning, subdivision and site plan) require such documentation of the protections for the Town and the District. Page 2 of 3 EAGLE RIVER WATER&SANITATION DISTffiCT 3. The abandonment of the frontage road severely affects the access to both ends of the District's existing property. We request that, as an important stakeholder within the Town of Vail and the Ever Vail neighborhood, we be fully included in discussions and evaluation of the impacts of the proposed relocation of the frontage road. The frontage road provides the only access for delivery trucks and construction and maintenance access to the VWWTP and future VDWF and serves as a beneficial buffer between the District's facilities and adjacent properties. It should be noted that a portion of the existing driveway that serves the District's office parking deck is in the existing frontage road right of way. 4. We request that the Town tie its approval process for the proposed development to the District's Construction Plan Approval. This coordination of approvals between our two entities will assure that water rights and the water and wastewater service issues, including those listed above, are resolved before construction on the proposed development proceeds. If the VWWTP remains at its present location, the following items will be of concern: 5. Preserving access on the west to what is now our lower level parking lot and VWWTP will be as important as the current access on the east; 6. We request that setbacks be respected so that future construction on our site can be effectively achieved. Building to the property line, by either the District or VRDC, will restrict future access and could hinder the ability of the District to provide adequate and cost-effective operations to our service area within the Town; The District staff and Board of Directors believe that adequate resolution of these issues is crucial to the continued high quality level of drinking water and wastewater treatment services provided to the residents and guests of the Town of Vail. Because of the complex nature of this project's application, we suggest a meeting between the District and Town staffs to review issues of mutual concern and the alternatives analysis report when it is complete, sometime around the end of January. Again, thank you for the opportunity to provide input in the Town's review of this proposed development. Sincerely, Linn Brooks Assistant General Manager Eagle River Water & Sanitation District c: Dennis Gelvin, Diane Johnson, Jim Collins, Glenn Porzak, Kevin Kelley, Tom Miller Page 3 of 3