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HomeMy WebLinkAboutR19-072 Approval of an Amendment to the Final Plat - Frost and Salt Creek PUD AFP-7392 r Commissioner CA-tx.vOULAinoved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE,STATE OF COLORADO RESOLUTION NO.2019- 011' RESOLUTION APPROVING AN AMENDMENT TO THE FINAL PLAT FOR THE FROST AND SALT CREEK PLANNED UNIT DEVELOPMENT Eagle County File No.AFP-7392 WHEREAS, on or about January 11, 2018, the County of Eagle, State of Colorado, accepted for filing an application submitted by Eagle County, Colorado (the"Applicant") for an amendment to the final plat for the Frost and Salt Creek Planned Unit Development,now known as the Frost Creek PUD (the "PUD") to remove the property that is more fully described in Exhibit A, attached hereto and incorporated herein (the"Property") from the PUD,and; WHEREAS, the Applicant simultaneously submitted an application for an amendment to the PUD to remove the Property from the PUD Guide and to rename the PUD to the Frost Creek PUD, and an application for an amendment to the official zone district map of Eagle County to change the zoning on the Property from PUD to Resource,and; WHEREAS, the Applicant requested approval of an amendment to the final plat for the PUD so that the Property could be created as an independent parcel and designated as part of the Brush Creek Valley Ranch and Open Space. Following the approval of this amendment to the final plat for the PUD, the final plat for the Property will be referred to as "Final Plat Brush Creek Valley Ranch and Open Space, a resubdivision of Filing No. 2, Salt Creek, Frost Creek and Salt Creek PUD County of Eagle,State of Colorado,"and; WHEREAS, in accordance with Eagle County Land Use Regulations (the"ECLURs"),Section 5-210.E - Notice of Public Hearings, notice of the proposed Amended Final Plat was mailed to all owners of property adjacent to the Property concerning the subject matter of the application and setting forth the dates and times of meetings for consideration of the applications by the Board of County Commissioners of the County of Eagle (the"Board"),and; WHEREAS, at its public hearing held on July 23, 2019, the Board considered the proposed Amended Final Plat, associated plans, the statements and concerns of the Applicant, the Eagle County Planning Department,Engineering staff,other interested persons,and; WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County, as well as the comments of the Eagle County Community Development Department, comments of public officials and agencies, and comments from all interested parties,the Board finds as follows: Eagle County,CO 201917208 Regina O'Brien 10/11/2019 Pgs: 4 01:19:10 PM REC: $0:00,,' DOC: $0.00 THAT, the application for the Amended Final Plat complies with the standards in ECLUR Section 5-290.G.3 -Amendment to Final Plat,as set forth below: 1. Adjacent Property. Pursuant to Section 5-290.G.3.a, the proposed Amendment will not have an adverse impact on adjacent property owners.Attributes originally protected within the Property will continue to be preserved, and uses will be further restricted to preclude residential development and the operation of an equestrian center.This Amended Final Plat will not have an adverse impact on adjacent property owners. 2. Final Plat Consistency. Pursuant to Section 5-290.G.3.b, the intention of the original final plat for the PUD was to create agricultural areas which met the standards of the underlying zone district. As part of the companion applications, the Property was removed from the PUD and the zoning was changed from PUD to Resource. However,the continued use of the Property for agricultural use remains consistent with the original final plat for the PUD. 3. Conformance with Final Plat Requirements. Pursuant to Section 5-290.G.3.c, the proposed Amended Final Plat conforms to the Final Plat parameters and applicable regulations,policies,and guidelines.All technical requirements for the Plat have been met. 4. Improvement Agreement.Pursuant to Section 5-290.G.3.d,this standard is not applicable. 5. Restrictive Plat Note Alteration. Pursuant to Section 5-290.G.3.e, this standard is not applicable. NOW, THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the County of Eagle,State of Colorado: THAT,this application for an Amended Final Plat is hereby approved. THAT, the Board directs the Department of Community Development to provide a copy of this Resolution to the Applicant. THAT, the Board hereby finds,determines and declares that this Resolution is necessary for the health,safety,and welfare of the citizens of Eagle County. MOVED, READ AND AD P ED by the Board of County Commissioners of the County of Eagle,State of Colorado,on this 0T1day of 0Uct1 i rd'2- 2019,nunc pro tunc July 23,2019. 2 COUNTY OF EAGLE,STATE OF �P�oF eaccF�oG COLORADO,By and Through Its BOARD OF COUNTY COMMISSIONERS AT - T: j 7 - `1 OR MP./ By: I - Cly, to the Board J:cne McQueeney Chair /1/ i Kathy C edler-Henry Commissioner Matt Sch r Commissioner Commissioner 5-41A-A-44" seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner McQueeney IATA N Commissioner Chandler-Henry �^ Commissioner Scherr 3 I EXHIBIT A Lot 1,Tracts A, B,C,and D,Adam's Rib Ranch Road,Salt Creek Road and Brush Creek Road,Frost Creek and Salt Creek PUD,Filing No.2 Salt Creek,According to the plat recorded July 8, 2008 at Reception No.200814345,County of Eagle,State of Colorado; containing 520.3858 acres,more or less and the same has been laid out,platted and subdivided into lots and blocks as shown on the Final Plat under the name and style of Final Plat,Brush Creek Valley Ranch and Open Space,a Resubdivision of Filing No.2,Salt Creek,Frost Creek and Salt Creek PUD in the County of Eagle, State of Colorado recorded at Reception No. 2- 01917 Z 0`? 4