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HomeMy WebLinkAboutR20-089 Amendment to the Frost and Salt Creek PUD DocuSign Envelope ID:19C0F265-A2E6-4CDC-9851-7413CC7C0B9A Commissioner McQueeney moved adoption of the following resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2020- 089 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 PULLOUTS 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 required BCP-ARR, LLC to construct or cause to be constructed two pullout areas on Brush Creek Road (one in each direction) no later than June 27, 2020 and Eagle County extended such deadline to November 15, 2020 through Resolution 20-47; and WHEREAS, Eagle County and BCP-ARR, LLC continued to coordinated the location and design of the Brush Creek Road pullout areas, including resolution of right-of- way and ditch issues and Eagle County and BCP-ARR, LLC have resolved such issues. However, under the circumstances of weather and timing, BCP-ARR, LLC will not be able to complete construction the improvements prior to the deadline for completion of the pullouts as set forth in Resolution 20-47;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 July 31, 2021; and, 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. NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: Eagle County, CO 202021876 1 Regina O'Brien 11/16/2020 Pgs: 2 04:12:19 PM REC: $0.00 DOC: $0.00 Elm DocuSign Envelope ID:19C0F265-A2E6-4CDC-9851-7413CC7C0B9A 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 20-47 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 20-47 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 July 31, 2021. 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 this 10th day of November, 2020. y��pE EAGLE Vel. COUNTY OF EAGLE, STATE OF COLORADO,By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: ,—DocuSignedby: ,,¢¢ A� DocuSigned by: ._ rt*A4 �11/i ►OI0Ro By: l rD!' ',—("'_" _y1 1 Clerk to the P t3P46896440... K l ler-Henry County Commissioners Chair DocuSienne�d�by�:yr Ma t'h7P718E0473... Commissioner DocuSigned by: c� I CT Je eaMcQaieeiney Commissioner Commissioner Scherr seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner Chandler-Henry Aye Commissioner Scherr Aye _ Commissioner McQueeney Aye This resolution passed by 3/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado 2