HomeMy WebLinkAboutR21-010 Approval of File No. LR 9119-2020 Mountain Recreation Temporary Ice Rink Eagle County, Co 202102362
DocuSign Envelope ID:4D300FC0-D8AC-4537-B757-7163814EDD5A Regina O'Brien 02/03/2021
Pgs: 8 04:21:19 PM
REC: $0.00
DOC: $0.00
Commissioner McQueeney moved adoption
of the following Resolution:
BOARD OF EAGLE COUNTY COMMISSIONERS
COUNTY OF EAGLE,STATE OF COLORADO
RESOLUTION NO.2021- 010
RESOLUTION FOR THE APPROVAL OF THE
SITE PLAN FOR A TEMPORARY ICE RINK FOR MOUNTAIN RECREATION
AT 450 MILLER RANCH ROAD
Eagle County File No.LR-9119-2 020
WHEREAS,on or about September 25,2020,the County of Eagle,State of Colorado,accepted
for filing an application submitted by Mountain Recreation (the "Applicant") for approval of a Site
Plan for a seasonal,temporary ice rink(the"Proposal"),located at 450 Miller Ranch Road,Edwards,
CO,and legally described on Exhibit A,attached hereto and incorporated herein by this reference(the
"Property");
WHEREAS,the Property is known as Tract C of the Berry Creek/Miller Ranch Planned Unit
Development (the"PUD"),containing 35.6 acres,as shown on the final plat recorded with the Eagle
County Clerk and Recorder's Office at Reception Number 799649,and;
WHEREAS,the Proposal is located on a portion of the above described Property,with a total
footprint of approximately 19,158 square feet,or 0.4398 acres,as shown in Exhibit B-Site Plan,and;
WHEREAS,the Proposal is for construction of a seasonal,temporary ice rink and supporting
amenities including traffic barriers, a temporary maintenance shed approximately 8' x 8' in size, a
fire pit,and benches,to provide additional recreation opportunities to the greater Edwards and Eagle
County Community,and;
WHEREAS,the application is documented with Eagle County as a Limited Review application
to best review the site plan,as this is an application process outlined in the Berry Creek/Miller Ranch
PUD Guide,but is not a process specified in the Eagle County Land Use Regulations (the"ECLURs"),
and;
WHEREAS,the Property is zoned PUD with a designation for Recreation uses,and ice/hockey
rinks are a use-by-right within the Recreation designation but require a site plan review process,and;
WHEREAS,in accordance with ECLUR,Section 5-210.E -Notice of Public Hearings, notice of
the Proposal was mailed to all owners of property adjacent to the Property and was duly published
in a newspaper of general circulation throughout the County concerning the subject matter of the
application and setting forth the dates and times of meetings for consideration of the application by
the Eagle County Planning Commission (the "Planning Commission") and the Board of County
Commissioners of the County of Eagle(the"Board");and
WHEREAS,at its public hearing held on November 18,2020,the Planning Commission,based
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upon its findings,recommended approval with conditions of the Proposal,and;
WHEREAS, at its regular public hearing of December 8, 2020, the Board considered the
Proposal; associated plans; and the statements and concerns of the Applicant, the Eagle County
Community Development staff, and other interested persons; and the recommendation of the
Planning Commission;and
WHEREAS,all conditions of approval proposed by staff to the Planning Commission and the
Board were met by the time of approval of this Resolution,and;
WHEREAS,based on the evidence,testimony,exhibits,and study of the PUD Guide,the Berry
Creek/Miller Ranch Preliminary Plan,the Master Circulation Plan,and the Master Drainage Plan,as
well as the comments of the Eagle County Department of Community Development,recommendation
of the Planning Commission,and comments from all interested parties,the Board,finds as follows:
1. THAT,proper publication and public notice was provided as required by the ECLURs and
state law for the hearings before the Planning Commission and the Board.
2. THAT,the Proposal complies with the standards in the Berry Creek/Miller Ranch PUD Guide
Section B.-Development Review,Section B.2.-Development Review for Recreation Tract C,Open Space
Tracts 1 and J,and Section D.-Land Uses and Development Standards,as set forth below:
A. Consistent with the PUD Guide. Pursuant to Section B. - Development Review,and Section
B.2.-Development Review for Recreation Tract C,Open Space Tracts I and J,the Proposal is in
substantial compliance with the purpose, permitted uses, PUD Guide review standards,and
development standards for Tract C, the use designation of the Property upon which the
Proposal is requested.
Purpose. The purpose of Tract C is to provide recreation facilities and community-
oriented facilities. Staff finds the Proposal is in substantial conformance with this
purpose.
Permitted Uses.The permitted uses for Tract C include indoor and outdoor ice/hockey
rinks, as reviewed and approved through a site plan. Staff finds the Proposal is in
substantial conformance with the permitted uses and review process.
PUD Review Standards. Staff evaluated the Proposal against the application material
requirements for a site plan review application, as outlined in the PUD Guide. Staff
analysis found the application materials included all applicable requirements for
review of the application.
Development Standards. The Proposal was evaluated for conformance with
dimensional limitation standards for Tract C that included minimum lot area,
setbacks,lot coverage of buildings and impervious materials,floor area,and parking.
Staff found the Proposal met all dimensional limitation requirements for Tract C.
Conformance with parking standards was reviewed. The Proposal is located on a
portion of an existing parking lot during winter months when demand for parking at
this location is low due to limited use of the adjacent sports fields in the winter
months.Staff found a low impact on parking for the location due to seasonal use and
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found the remaining parking to meet parking needs during winter months.Therefore,
this standard is met.
B. Consistent with the Preliminary Plan. Pursuant to Section B.-Development Review,of the
PUD Guide,the Proposal is in substantial conformance with the Preliminary Plan for the PUD.
The Preliminary Plan was approved through file number PDSP-00014, as part of the
application for a Zone Change and Planned Unit Development Combined Sketch and
Preliminary Plan for the PUD in 2002. Two main items were considered in review of the
Proposal for conformance with the Preliminary Plan:Ownership and Restrooms.As outlined
below,staff finds this standard is met.
Ownership. Eagle County owns Tract C.The applicant utilizes a portion of Tract C for
previously approved activities under a lease agreement between the County and
Mountain Recreation.The portion of land included in this Proposal is not part of the
existing lease agreement. Therefore, the County entered into a license agreement
with Mountain Recreation on December 8, 2020 to allow use of the subject property
for the ice rink,all on the terms and conditions of the License Agreement.
Restrooms. The Preliminary Plan approved in 2002 included review for adequate
services and facilities to the Property.Staff found the Proposal met this standard with
the inclusion of Condition 2, as outlined in the staff report, which the Applicant
proposed.Condition 2 ensures a port-a-potty is available for use at the Property for
the 2020/2021 season. The condition was met through a contract between the
Applicant and a Vail Honeywagon dated November 17, 2020. It is the Applicant's
responsibility to maintain a valid contract each season.
C. Consistency with the Master Circulation Plan. Pursuant to Section B. - Development
Review, of the PUD Guide, the Proposal is in substantial conformance with the Master
Circulation Plan for the Property.As discussed under item"B"of this Resolution-Consistency
with Preliminary Plan, conformance with parking requirements is met. The other
consideration for conformance with the Master Circulation Plan is access for waste services
and trash removal. The proposed location of the rink interfered with Waste Management's
ability to access and remove trash from the Property.The Applicant proposed either rotating
the existing dumpster or relocating the existing dumpster to a determined location on the
west side of the existing Mountain Recreation Fieldhouse. Staff review found both solutions
exhibit conformance with the Master Circulation Plan and proposed Condition 3,as outlined
in the staff report,to confirm Waste Management also agreed with the solutions.Condition 3
was satisfied with written approval from Waste Management dated August 31, 2020, and
November 18, 2020. Therefore, staff finds the condition is met and the Proposal conforms
with this standard.
D. Consistency with the Master Drainage Plan. Pursuant to Section B.-Development Review,
of the PUD Guide,the Proposal is in substantial conformance with the Master Drainage Plan
for the Property.The Applicant proposed using sand and foam boards to level the ice rink.
The addition of using geo-fabric, erosion control logs, and curb socks mitigates concern of
sand run-off into drainage infrastructure. Further, the Applicant proposes weather-
permitting seasonal closure of the rink,allowing the ice to melt naturally.Staff finds the ice
will melt slowly enough that drainage infrastructure can accommodate the additional water.
Therefore,this standard is met.
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NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the County
of Eagle,State of Colorado:
THAT this Proposal is hereby approved, subject to the following conditions, and that
violation of any condition shall be the basis for revocation of the Permit pursuant to the ECLUR5:
1. Except as otherwise modified by this development permit, all material
representations made by the Applicant in this application and in public meetings
shall be adhered to and considered conditions of approval.
THAT,this Proposal shall be subject to review as provided for by the ECLURs.
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 ADOPTED by the Board of County Commissioners of the County of
Eagle,State of Colorado,at its regular meeting held the Feb.2nd,2021 ,nunc pro tunc to the 8th
day of December,2020.
COUNTY OF EAGLE, STATE OF
4r'LE CO0.4 COLORADO, By and Through Its
\i BOARD OF COUNTY COMMISSIONERS
ATTEST: DocuSigned by: ) /—DocuSigned by:
itn.A 0-16rit.JA. :ogP° By: l4} Sctwir
Clerk to the =s!.Edivag6440 matt-grtharisE0473
County Commissioners County Commissioners Chair
—DocuSigned by:
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J&mgt44C+l tWdney
conunitiakeer
Ot.A1ti,IL r—ALIA irti
I atl t itittr-Henry
Commissioner
Commissioner Chandler-Henry seconded adoption of the foregoing resolution. The roll
having been called,the vote was as follows:
Commissioner Scherr Aye
Commissioner McQueeney Aye
Commissioner Chandler-Henry Aye
This resolution passed by 3/0 vote of the Board of County Commissioners of
the County of Eagle, State of Colorado
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Exhibit A
Legal Description for 450 Miller Ranch Road,Edwards,CO,Tract C:
BEGINNING AT A BRASS CAP MONUMENT FOUND MARKING THE NW CORNER OF SAID SECTION
4, FROM WHENCE AN ALUMINUM CAP MONUMENT,ALPINE ENG., FOUND MARKING THE W 1/4
CORNER OF SAID SECTION 4 BEARS S 02'03'34"W 2578.08 FEET, BEING THE BASIS OF BEARING
FOR THIS DESCRIPTION; THENCE S 25.14'54" E 1918.7B FEET TO THE TRUE POINT OF
BEGINNING, SAID POINT BEING AN ALUMINUM CAP MONUMENT, L.S. No. 24325, FOUND
MARKING THE NORTHEASTERLY CORNER OF TRACT B, EDWARDS STATION, PER THE PLAT
THEREOF RECORDED MARCH 8, 1999 AT RECEPTION No. 689048 IN THE OFFICE OF THE EAGLE
COUNTY CLERK AND RECORDER, SAID POINT ALSO BEING ON THE RIGHT- OF-WAY OF
INTERSTATE HIGHWAY No, 70; THENCE S 69'46'33"E 248.69 FEET ALONG THE SOUTHERLY
RIGHT- OF-WAY OF INTERSTATE HIGHWAY No, 70; THENCE S 57'38'37" E 319.26 ALONG SAID
SOUTHERLY RIGHT- OF-WAY TO THE NORTHWESTERLY CORNER OF A PARCEL OF LAND
RECORDED IN BOOK 462 AT PAGE 277 IN THE OFFICE OF THE EAGLE COUNTY CLERK AND
RECORDER; THENCE DEPARTING SAID SOUTHERLY RIGHT-OF-WAY THE FOLLOWING THREE (3)
COURSES,
1)S 42'33'36"W 141.00 FEET ALONG THE BOUNDARY OF SAID PARCEL OF LAND;
2)THENCE S 47'26'24" E 1 50,00 FEET:
3) THENCE N 42'33'36" E 150.03 FEET TO A POINT ON SAID SOUTHERLY RIGHT- OF- WAY;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY THE FOLLOWING SIXTEEN(16) COURSES:
1 ) 128.94 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS
OF 2126.80 FEET, AN INTERIOR ANGLE OF 03'28'25" AND A CHORD WHICH BEARS S 44'22'14"E
128.92 FEET TO A FOUND COLORADO DIVISION OF HIGHWAYS MONUMENT;
2)THENCE S 40'05'18" E 288.38 FEET;
3) THENCE S 38'51'48" E 295.36 FEET TO A FOUND COLORADO DIVISION OF HIGHWAYS
MONUMENT;
4) THENCE S 43'13'28" E 368.04 FEET TO A FOUND COLORADO DIVISION OF HIGHWAYS
MONUMENT;
5) THENCE 642.03 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEfT HAVING A
RADIUS OF 1,787.00 FEET, AN INTERIOR ANGLE OF 20'35'07" AND A CHORD WHICH BEARS S
55'18'34"E 638.59 FEET;
6) THENCE S 65'36'08" E 367.13 FEET TO A FOUND COLORADO DIVISION OF HIGHWAYS
MONUMENT;
7)THENCE S 72'41'44"E 1363.37 FEET;
8)THENCE S 72'54'44"E 309.80 FEET;
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' 9) THENCE 501.48 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT HAVING A
RADIUS OF 2441.80 FEET, AN INTERIOR ANGLE OF 11'46'01" AND A CHORD WHICH BEARS S
81'16'19" E 500.60 FEET;
10)THENCE S 87'18'49"E 153.50 FEET;
11)THENCE S 87'14'49"E 893.80 FEET;
12)THENCE N 79'38'11" E 304.10 FEET;
13)THENCE N 89'05'41" E 700.00 FEET;
14)THENCE S 64"20'19" E 111.80 FEET:
15)THENCE N 85'16'41"E 300.70 FEET;
16) THENCE N 89'05'41" E 700.78 FEET TO A POINT OF INTERSECTION OF SAID SOUTHERLY
RIGHT- OF-WAY OF INTERSTATE HIGHWAY No. 70 AND THE NORTHERLY RIGHT- OF-WAY OF
THE DENVER AND RIO GRANDE WESTERN RAILROAD; THENCE DEPARTING SAID SOUTHERLY
RIGHT-OF-WAY OF INTERSTATE No. 70 ALONG SAID NORTHERLY RAILROAD RIGHT-OF- WAY
THE FOLLOWING THIRTEEN COURSES: 92.70 FEET ALONG THE ARC OF A CURVE TO THE LEFT
HAVING A RADIUS OF 1482.60 FEET, AN INTERIOR ANGLE OF 03'34'57" AND A CHORD WHICH
BEARS S 77'14'53" W 92.68 FEET; THENCE S 75'27'24" W 2316.14 FEET; THENCE 578.72 FEET
ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 2813.98 FEET, AN INTERIOR
ANGLE OF 11'47'00" AND A CHORD WHICH BEARS S 81'20'54" W 577.70 FEET; THENCE S
87'14'24" W 2044.00 FEET; THENCE 788.22 FEET ALONG THE ARC OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 1859.86 FEET, AN INTERIOR ANGLE OF 24'16'56" AND A CHORD WHICH
BEARS N 80'37'08" W 782.33 FEET TO THE INTERSECTION OF SAID RAILROAD RIGHT-OF-WAY
AND THE WEST LINE OF THE SE1/a.OF SAID SECTION 4;THENCE N 02'01'08"E 53.14 FEET ALONG
SAID WEST LINE: THENCE DEPARTING SAID WEST LINE 72.85 FEET ALONG THE ARC OF A CURVE
TO THE RIGHT HAVING A RADIUS OF 1809.86 FEET, AN INTERIOR ANGLE OF 02'18'22" AND A
CHORD WHICH BEARS N 66"45'47" W 72.84 FEET; THENCE N 65'36'36" W 1553.87 FEET TO A
POINT ON THE NORTHERLY LINE OF THE SW%SW%OF SAID SECTION 4;THENCE N 89'07'05"W
121.78 FEET ALONG SAID NORTHERLY LINE; THENCE DEPARTING SAID NORTHERLY LINE
1570.99 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAYING A RADIUS OF 1848.86 FEET,
AN INTERIOR ANGLE OF 48'41'05" AND A CHORD WHICH BEARS N 39'01'08" W 1524.15 FEET;
THENCE N 14'40'36" W 240.71 FEET TO A POINT ON THE WESTERLY LINE OF THE NW%.OF SAID
SECTION 4; THENCE N 02'03'34" E 173.63 FEET ALONG SAID WESTERLY LINE; THENCE
DEPARTING SAID WESTERLY LINE N 14'40'36" W 288.49 FEET TO A POINT ON THE SOUTHERLY
RIGHT-OF-WAY OF THE STATE OF COLORADO DEPARTMENT OF HIGHWAYS ROAD E; THENCE
DEPARTING SAID RAILROAD RIGHT-OF-WAY ALONG SAID ROAD E THE FOLLOWING THREE (3)
COURSES;
1)N 78'17'07" E 12.77 FEET;
2)THENCE N 74'05'37"E 220.50 FEET;
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3) THENCE 141.56 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT HAVING A
RADIUS OF 577.50 FEET; AN INTERIOR ANGLE OF 14'02'42" AND A CHORD WHICH BEARS N
59'15'48" E 141 .21 FEET TO THE WESTERLY CORNER OF SAID EDWARDS STATION; THENCE
ALONG SAID EDWARDS STATION THE FOLLOWING TWO (2) COURSES:
1)S 53'56'09"E 399.82 FEET ALONG THE BOUNDARY OF SAID TRACT B;
2)THENCE N 36'35'44" E 513.40 FEET TO THE TRUE POINT OF BEGINNING,
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL:
BEGINNING AT A BRASS CAP MONUMENT FOUND MARKING THE NW CORNER OF SAID SECTION
4, FROM WHENCE AN ALUMINUM CAP MONUMENT, ALPINE ENG., FOUND MARKING THE W 1/4
CORNER OF SAID SECTION 4 BEARS S 02'03'34" W 2578.08 FEET, BEING THE BASIS OF BEARING
FOR THIS DESCRIPTION; THENCE S 52'15'17" E 6644.65 FEET TO A BRASS CAP MONUMENT
FOUND MARKING THE SOUTHEAST CORNER OF SAID SECTION 4; THENCE N 08'54'34" E 924.40
FEET TO THE TRUE POINT OF BEGINNING; THENCE N 88'37'38" W 111.37 FEET; THENCE S
03'01'10" W 0.70 FEET;THENCE 73.77 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING
A RADIUS OF 91.62 FEET, AN INTERIOR ANGLE OF 46'07'51" AND A CHORD WHICH BEARS N
45'21'46" W 71.79 FEET; THENCE 77.91 FEET ALONG THE ARC OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 214.87 FEET, AN INTERIOR ANGLE OF 20'46'27" AND A CHORD WHICH
BEARS N 13'14'47" W 77.48 FEET; THENCE S 89'51'34" E 15.97 FEET; THENCE N 02"50'57" E
60.02 FEET: THENCE S 89'38'32" E 59.33 FEET; THENCE N 03'02'08" E 217.27 FEET; THENCE S
87'12'57" E 110.92 FEET; THENCE S 02'55'18" W 399.46 FEET TO THE TRUE POINT OF
BEGINNING. EXCEPTING 1.260 ACRES MORE OF LESS, SAID PARCEL CONTAINING 189.964 NET
ACRES MORE OR LESS;
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