HomeMy WebLinkAboutR20-047 Amendment to Frost and Salt Creek PUD File No. PDA-7394 Eagle County, Co 202010323 DocuSign Envelope ID:C51C1F12-06BA-4875-A92E-438646F6A9B1 Regina O'Brien 07/06/2020 Pgs: 3 09:10:42 AM REC: $0.00 DOC: $0.00 Schen Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO.2020—047 APPROVAL OF A MODIFICATION TO CONDITION OF APPROVAL NO. 6 OF THE RESOLUTION APPROVING AN AMENDMENT TO THE FROST AND SALT CREEK PLANNED UNIT DEVELOPMENT TO ALLOW THE APPLICANT TO EXTEND THE COMPLETION DATE OF THE BRUSH CREEK ROAD VEHICLE PULL OUTS WHEREAS,on January 11, 2018, the County of Eagle, State of Colorado, accepted for filing an application submitted by Eagle County, Colorado ("Eagle County") for an amendment to the Frost and Salt Creek Planned Unit Development(Eagle County File No. PDA-7394) ("PUD Amendment")to remove certain property from the Frost and Salt Creek PUD Guide and to rename the PUD to the Frost Creek PUD ("PUD"); and, WHEREAS, on July 2, 2019,the Eagle County Board of County Commissioners (hereinafter"the Board") approved the PUD Amendment; and, WHEREAS, the PUD Amendment Resolution of approval (2019-071)("Resolution of Approval") was conditioned upon six(6) conditions of approval; and, WHEREAS, Condition of Approval No. 6 of the Resolution of Approval provides in pertinent part that: BCP-ARR, LLC proposed and has agreed to construct or cause to be constructed two pullout areas on Brush Creek Road (one in each direction) no later than June 27, 2020. The pullout areas shall be located approximately 1,000 feet east of the Hardscrabble property on land owned by Eagle County. The pullout areas shall also include any necessary drainage features such as roadside ditches. BCP-ARR, LLC shall coordinate the location of the pullouts with the Colorado Parks and Wildlife to avoid conflict with migration routes. WHEREAS,Eagle County and BCP-ARR, LLC have been coordinating the location and design of the Brush Creek Road pullout areas, including resolution of right-of-way and ditch issues. However, the outstanding issues will not be resolved prior to the deadline for completion of the pullouts as set forth in Condition 6 of the Resolution of Approval; and, WHEREAS, BCP-ARR, LLC has requested that Eagle County approve a modification to Condition of Approval No. 6 of the Resolution of Approval to allow for the required completion date of the Brush Creek Road pullout areas to be extended to November 15, 2020; and, DocuSign Envelope ID:C51ClF12-06BA-4875-A92E-438646F6A9B1 WHEREAS, the Eagle County Engineering Department is in support of the extension of the deadline for completion of the Brush Creek Road pullouts as set forth herein; and, NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT,the Board hereby finds that the extension of the completion date for the Brush Creek Road pullouts meets the purpose and intent of Condition No. 6 of the Resolution of Approval and is otherwise acceptable because only the timing of completion of the pullout areas will change; and THAT, Condition of Approval No. 6 of the Resolution of Approval is hereby amended and replaced in its entirety with the following: BCP-ARR, LLC proposed and has agreed to construct or cause to be constructed two pullout areas on Brush Creek Road (one in each direction) no later than November 15, 2020. The pullout areas shall be located approximately 1,000 feet east of the Brush Creek Ranch Open Space Property (formerly the Hardscrabble property) on land owned by Eagle County. The pullout areas shall also include any necessary drainage features such as roadside ditches. BCP-ARR, LLC shall coordinate the location of the pullouts with the Colorado Parks and Wildlife to avoid conflict with migration routes. THAT,the Board hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents of the County of Eagle, State of Colorado. MOVED,READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 30 day of June , 2020. COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its ATTEST: (i t/4GOF COUNTY COMMISSIONERS DocuSigned by: �. r—DocuSigned by: Ina �jV1 By: Regin. °':H 8440... oLORA_o� ' Kathy8GlileosHenry Clerk to the Board of County Commissioners Chair County Commissioners Absent Jeanne McQueeney Cops . M31t14'Zxr 18EEU4 Commissioner DocuSign Envelope ID:C51C1 F12-06BA-4875-A92E-438646F6A9B1 Commissioner Chandler-Henry ,econded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Kathy Chandler-Henry Aye Commissioner Jeanne McQueeney Absent Commissioner Matt Scherr Aye This Resolution passed by 2/0vote of the Board of County Commissioners of the County of Eagle, State of Colorado. •