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Home My WebLink AboutMinutes 10/03/2022 PUBLIC HEARING October 3, 2022 Present: Jeanne McQueeney Chairman Matt Scherr Commissioner Jeff Shroll County Manager Mike Nugent Chief Strategy Officer Virtual Matt Peterson Assistant County Attorney Kathy Scriver Deputy Clerk to the Board Absent: Kathy Chandler-Henry Commissioner This being a scheduled Public Hearing,the following items were presented to the Board of County Commissioners for their consideration: Planning File - Eagle County Room 1. LR-9274 Freedom Park Ice Rink David McWilliams, Community Development Executive Summary: Seasonal outdoor ice rinks on the sports fields, operated by Mountain Recreation. The ice rinks will be open to the public to provide a winter recreation activity at Freedom Park from roughly late November through early March. Project Name: Freedom Park Ice Rink File No.: LR-009274-2022 Location: 450 Miller Ranch Road Owner: Eagle County Government,Managed by Eagle County Facilities Department Applicant: Eagle County and Mountain Recreation Metro District Representative: Brad Johnson with Mountain Recreation Staff Planner: David McWilliams,AICP, Planner Staff Engineer: Julie Pranger,PE, CFM, Staff Engineer County Attorney: Matt Peterson,Assistant County Attorney Recommendation: Approval with Conditions Executive Session: On July 12,2022,Eagle County received an application(the"Application") for a Plan Review by Brad Johnson(the"Representative")on behalf of Eagle County and Mountain Recreation Metropolitan District (the"Applicant"). The Application is for a proposal located at 450 Miller Ranch Road,Edwards, CO 81632,Tract C of the Berry Creek/Miller Ranch Planned Unit Development(the"PUD"), also known as parcel number 2105-043-15-002. The purpose of the proposal is for seasonal outdoor ice rinks on the sports fields,operated by Mountain Recreation. The ice rinks will be open to the public to provide a winter recreation activity at Freedom Park from roughly late November through early March. The ice rinks will be located on Tract C, a 35.6 acre parcel platted as part of the larger 189.964 `Parcel 1' outlined in the Final Plat of the Berry Creek/Miller Ranch PUD. The footprint of the ice rinks is less than 20,000 square feet and the footprint of the total area improvements, including the ice rink and supportive amenities, is approximately 40,000 square feet, or just under 1 acre. 1 The lease agreement between Eagle County and Mountain Recreation Metro District is further explained under Standard 2,below. The proposal includes plans for two ice rinks, a fire pit,benches, and lighting. A similar application was approved, and the ice rink installed, during the 2021-2022 season. Its location within the parking lot east of its 1 10/03/2022 current proposed location presented several challenges that are not applicable to this area. The Berry Creek/Miller Ranch PUD Guide(the"PUD Guide")is the governing zoning document for the area. David McWilliams, staff planner, introduced Brad Johnson,Facilities Supervisor with Mountain Recreation to present the applicant's request. Mr. Johnson stated that the applicant was interested in relocating and expanding an existing ice rink, adding a second ice rink, and installing water lines to support the rink production. The ice rinks would be open to the public from November through early March. Temporary lighting would be installed and would be on a timer system running from 4:30 PM to 10:00 PM at night and would point west towards the Edwards Fieldhouse and parking lot area. They also proposed bench seating and a wood fire pit near the rink to add warmth and place for players to wait. Bear-proof trash containers were already in place and would be properly maintained. Signage would be displayed indicating use by the public and/or hockey players and tournaments. There would be temporary restrooms added to facilitate the two rinks. There would be minimal water going into the grass and drainage area. This has been a huge project and they have received a lot of positive feedback. He stated that Eagle County had been a great partner in this endeavor. Mr. McWilliams identified the surrounding land uses and listed the conditions of approval. The proposal was for a seasonal ice rink at Freedom Park, fire pit, shed, signage,and lighting. The ice rink was a use-by-right in the PUD Guide. Public notice was given and since the closing of the Eagle County Planning Commission public hearing,one public comment had been received by Maureen Burks with regards to portable toilets,vandalism, light noise,and evening hours. The Planning Commission voted 4-0 in favor of the application with conditions. He reviewed the standard of approval and indicated that the application met the standards with conditions. Commissioner Scherr asked about the temporary lighting. Mr. Johnson stated that the lighting would be similar to those used on construction sites. The power source would come off of the bathroom building and be controlled by timers. Commissioner Scherr asked about the fire pit. Mr. Johnson stated that the fire pit would burn wood Commissioner Scherr asked about the end date and whether a month should be added for clarification. Mr. Johnson stated that the closing date would be 2024-2025 ice skating season and depend on the condition of the ice. Chairman McQueeney expressed concern for lights and evening activity. She wanted to give folks that lived nearby an opportunity to provide feedback after a season to see if there were things that needed to be adjusted. Mr. Johnson stated that the rink would be available at sun up and the lights would be set to come on at 4:30 PM until 10:00 PM. They would begin building the rink in November. Chairman McQueeney asked about the porta potties and the concern they were being tipped over. She asked that the concern be addressed in some way. Mr. Johnson stated that there was signage around the complex so if something happened a number could be called and someone would clean things up right away. Commissioner Scherr asked when the rink would be available for people to skate on. Mr. Johnson stated that they typically begin building the rink in November, early December. Commissioner Scherr suggested there be something in place in case there were issues with lighting or other serious issues. Mr. McWilliams stated that staff wasn't opposed to a one year approval. Matt Peterson,Assistant County Attorney, stated that this was simply a modification to a plan that had already been approved so there was some validity running the permit to 2025. There could be a condition added if it was tied to a standard. Chairman McQueeney believed the addition of lighting was a big issue and she wanted to air on the side of caution. Mr. Johnson was confident that if the lights became an issue,they could be removed or moved. They were willing to work with the homeowners. Mr. Peterson believed it was possible to propose a condition tied to the preliminary plan standard and say that the standard was met subject to annual review of the lighting plan. 2 10/03/2022 Chairman McQueeney believed that the plan should come back to the board for review after a year's time. Chairman McQueeney opened a public comment. Chairman McQueeney requested a short break to allow the board to review additional emails received for public comment. Chairman McQueeney stated that there were four public comments received via email. The concerns related to lighting,noise, and parking. One of the comments stated that the proposed lighting was not dark sky compliant. Commissioner Scherr asked staff if the dark sky regulations applied. Mr. McWilliams stated the temporary use of lighting was considered. Mr. Johnson understood the concerns but stated that the construction lights were fairly small and had never been an issue. Bill Gibson, Eagle County Director of Community Development read the regulations related to outdoor lighting and the considerations allowable during review. Mr. McWilliams provided a crafted condition that required another public hearing between this upcoming ice skating year and the one after. Mr. Peterson stated that the condition was consistent with the language in the PUD Guide mentioned by Bill Gibson. As far as the timing, he recommended that the date May 1, 2025 be added. Chairman McQueeney stated that there was a comment about other events with lights being permitted. She clarified that there was no intent to hold other lighted events. Mr. Peterson asked the applicant if they were in agreement with the proposed conditions. Mr. Johnson stated that they agreed with the conditions. He noted that once the rink was shut down to public activity,maintenance was required to maintain the sheet of ice. It could be a challenge to get people off the ice at 8 PM to do maintenance but they could adjust whatever they need to do. It typically took about an hour. Chairman McQueeney understood the complexities of maintenance but wanted to move forward cautiously because the lights were a big change for the community. Commissioner Scherr believed a one year review would be a good time to check in with neighbors. Mr. Johnson believed the lights would not be an issue and that the lights could be monitored. Ideally,they would prefer a set time for lighting. Mr. Peterson suggested the language"that lighting shall cease at 9:00 PM" be added to the lighting plan in condition two. Chairman McQueeney closed public comment. Commissioner Scherr believed that as conditioned the application met the standards. Chairman McQueeney concurred. Commissioner Scherr moved to approve File No. LR-009274-2022, incorporating staff's findings and recommended conditions,because the application, as conditioned,met the standards for approval of a site-specific plan review under the PUD Guide. Commissioner McQueeny seconded the motion. Of the two voting commissioners,the vote was declared unanimous. sEAL pf4t, There being no further busin " ard,the meeting was adjourned until October 4,2022. q90 �~ ppo,,, ,� O Attest: iP .i`-�-�1--�� ov-7 101 /0(2.0„..e_z_.7 Clerk to the Board Chai 3 10/03/2022