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HomeMy WebLinkAboutR23-065 Cordillera II PUD PD 293-91-P Modification of Condition No. 7 - Establishing the Cordillera Wildlife Fund Eagle County, Co 202314865 DocuSign Envelope ID:3COFFECA-CA76-4C6A-9860-3E06CCAC5A36 Regina O'Brien 10/31/2023 Pgs: 4 04:15:11 PM REC: $0.00 DOC: $0.00 Commissioner McQueeney moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2023- 065 APPROVAL OF A MODIFICATION TO CONDITION OF APPROVAL NO. 7 OF THE RESOLUTION OF APPROVAL OF THE CORDILLERA II PUD TO ALLOW THE DISSOLUTION OF THE CORDILLERA HABITAT ENHANCEMENT FOR WILDLIFE COMMITTEE AND THE TRANSFER OF FUNDS FROM THE CORDILLERA WILDLIFE TRUST FUND TO FUND A CORDILLERA WILDFIRE MITIGATION PROJECT AND A NEW CORDILLERA WILDLIFE FUND WHEREAS,the Eagle County Board of County Commissioners(hereinafter"the Board") approved the application for Preliminary Plan(Eagle County File No.PD-293-91-P)for Cordillera Phase II PUD on January 28th, 1992 (the"Preliminary Plan"); and WHEREAS, the Cordillera Phase II PUD Resolution of approval (R92-11) ("Resolution of Approval") was conditioned upon the Cordillera Developer, Kensington Land Investment Partners ("Applicant"), meeting fourteen(14) conditions of approval; and WHEREAS, Condition of Approval Number 7 of the Resolution of Approval (the "Approval Condition") specified the following: The first organizational meeting of the "Cordillera Habitat Enhancement for Wildlife" committee shall meet within 30 days of Preliminary Plan approval and will perform the commitments and responsibilities contained in the Final Environmental Impact Report dated July 1991"). Applicant will fund the committee prior to the submittal of a Final Plat with an amount sufficient to yield $2,000 annually to cover the cost of operations. The CHEW committees shall submit a summary of the following representatives and as further described in the PUD Guide: a. The Applicant's representative b. The biologist designated by the Applicant C. The homeowners association's representative d. The CDOW representative e. Two adjoining landowners who are affected by the plan. The CHEW committee shall submit a summary of the years activities to the Department of Community Development by January 1 of each year until the year 2000; and DocuSign Envelope ID:3COFFECA-CA76-4C6A-9860-3E06CCAC5A36 WHEREAS, in accordance with the Approval Condition, Applicant created and funded a trust fund (the "Wildlife Trust Fund"), and the interest on the corpus of the Fund was to be used to fund authorized wildlife enhancement projects south of I-70; and WHEREAS, a Consolidated Wildlife Plan dated October 31, 2007, (the "Consolidated Wildlife Plan")endorsed by the Cordillera Metropolitan District("CMD"),the Cordillera Property Owners Association(the"Association"),the Club at Cordillera,the Colorado Division of Wildlife (now known as and referred to as Colorado Parks and Wildlife) ("CPW"), consolidated five prior wildlife agreements and now governs wildlife protection in all of the Cordillera PUD; and WHERAS, pursuant to the Consolidated Wildlife Plan, the Cordillera Habitat Enhancement for Wildlife Committee("CHEW")decides how the income from the Wildlife Trust Fund is spent, and it is to be spent solely for the benefit of wildlife habitat in Cordillera or on the associated habitat in the area; and WHEREAS, according to audits performed by CMD, the Wildlife Trust Fund is used to account for resources legally held in trust by CMD solely for mitigating impacts on wildlife within CMD, and as such the Wildlife Trust Fund is held in trust by CMD and for use by CMD as the sole beneficiary; and WHEREAS, according to the CMD Final Financial Statement dated December 31, 2022, the Wildlife Trust Fund contained$250,880 at the end of 2022,and as stated by CMD,the Wildlife Trust Fund currently contains approximately$250,991; and WHEREAS, as stated in the Consolidated Wildlife Plan, CHEW is managed by the Association's Wildfire and Healthy Forest Committee with agreement from CPW; and WHEREAS, on June 9, 2023, CMD approved a resolution (the "CMD Resolution") allowing CMD to use the Wildlife Trust Fund corpus to fund a Cordillera wildfire mitigation project (the "Wildfire Mitigation Project") and a new wildlife mitigation fund (the "Cordillera Wildlife Fund"). CMD has stated it will apply $200,991, or whatever current amount that will leave $50,000 remaining, of the Wildlife Trust Fund to the Wildfire Mitigation Project in conjunction with Eagle Valley Wildland South-Central Avon Fuels Reduction Project grant funds. CMD's funding contribution will be matched up to 100%. CPW agrees with the use of funds for the Wildfire Mitigation Project.CMD further appropriated$50,000 to the Cordillera Wildlife Fund for fiscal year 2023, such funds to be taken from the Wildlife Trust Fund corpus after funding of the Wildfire Mitigation Project as described herein. CMD desires to fund the Cordillera Wildlife Fund annually and to ensure a minimum of$50,000 always remain in the fund; and WHEREAS,the CMD Resolution has been executed by CMD,the Association,and CPW to date. WHEREAS, in a separate resolution, CMD proposed the creation of a new wildlife committee(the"Wildlife Committee")to replace CHEW and to administer the Cordillera Wildlife Fund. The proposed Wildlife Committee will be managed by CMD and will allow CMD, with DocuSign Envelope ID:3COFFECA-CA76-4C6A-9860-3E06CCAC5A36 agreement from CPW, to use the Cordillera Wildlife Fund as it sees fit for wildlife impact mitigation purposes; and WHEREAS,CMD has worked with CPW and Eagle Valley Wildland("EVW")to design the Wildfire Mitigation Project and to create new projects to be financed by the Cordillera Wildlife Fund; and WHEREAS, CPW and EVW have designed the Wildfire Mitigation Project in a way to prioritize wildlife habitat enhancement along with mitigating wildfire risks; and WHEREAS,CMD has requested that the County approve a modification to the Approval Condition to allow for the dissolution of CHEW, and for CMD's establishment of a new Wildlife Committee, and to allow transfer of funds from the Wildlife Trust Fund to fund the Wildfire Mitigation Project and the Cordillera Wildlife Fund; and WHEREAS, the County's Open Space and Natural Resource Department ("OSNR") has met with CMD, EVW, and CPW to review the Wildfire Mitigation Project and the proposed wildlife mitigation projects and agrees that the proposed projects meet the purpose and intent of the Approval Condition because CMD is committed to ensuring wildlife habitat enhancement is a priority by working closely with CPW to design the Wildfire Mitigation Project and requiring agreement from CPW for any future projects financed by the Cordillera Wildlife Fund. To ensure continued compliance with the Approval Condition, OSNR recommends that the Wildlife Committee continue to work closely with CPW for all future projects using the Cordillera Wildlife Fund. 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 CMD's dissolution of CHEW and its creation of a new Wildlife Committee meets the purpose and intent of the Approval Condition and is otherwise acceptable because the new committee was established for the purpose of reviewing and evaluating matters concerning wildlife and wildlife habitat in Cordillera(including,without limitation,habitat enhancement, conservation, wildfire mitigation, and similar matters) in accordance with the Consolidated Wildlife Plan. The Wildlife Committee is strongly encouraged to collaborate and coordinate efforts with CPW on an annual basis to identify and accomplish priority projects for the Cordillera community. THAT, the Board hereby finds that the transfer of$50,000 from the Wildlife Trust Fund to the new Cordillera Wildlife Fund meets the purpose and intent of the Approval Condition and is otherwise acceptable because the funds will be used to support authorized wildlife enhancement projects on and around Cordillera properties south of I-70 for the benefit of Cordillera; and THAT,the Board hereby finds that CMD's use of approximately$200,991of the Wildlife Trust Fund for the Wildfire Mitigation Project meets the purpose and intent of Approval Condition and is otherwise acceptable because the Wildfire Mitigation Project has been created in partnership k. DocuSign Envelope ID:3COFFECA-CA76-4C6A-9860-3E06CCAC5A36 with CPW and EVW and proposed fuel breaks will improve the surrounding wildlife habitat by restoring areas back to open grass lands for grazing for wildlife. 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 31St day of October 2023. i— DocuSigned by: F� �� COUNTY OF EAGLE, STATE OF COLORADO,by and Through Its ATTEST: caonoo' BOARD OF COUNTY COMMISSIONERS DocuSigned by: Lf t, UA.a t-'6VU,In, By: r0DC2r2'80084'0.. Regina O'Brien Kathy Chandler-Henry Clerk to the Board of Chair County Commissioners ,_ DocuuSigned by: 1 A itt Mani E§Clelr 73... Commissioner DocuSigned by��JJ,`/� X�uy r CMAC1281-8/M47A Jeanne McQueeney Commissioner Commissioner scherr seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner Kathy Chandler-Henry Absent Commissioner Matt Schen Aye Commissioner Jeanne McQueeney Aye This Resolution passed by 3/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado.