HomeMy WebLinkAboutR21-074 Site Plan Approval Freedom Park Recycling Center DocuSign Envelope ID:6F884EA9-94AB-4408-9734-ABCFBAO7F000
Commissioner Chandler-Henry moved adoption
of the following Resolution:
BOARD OF EAGLE COUNTY COMMISSIONERS
COUNTY OF EAGLE,STATE OF COLORADO
RESOLUTION NO.2021-074
RESOLUTION FOR THE APPROVAL OF THE
SITE PLAN FOR FREEDOM PARK RECYCLING CENTER
Eagle County File No.LR-9147-2021
WHEREAS,on or about March 29, 2021,the County of Eagle,State of Colorado,accepted for
filing an application ("Application") submitted by Eagle County Solid Waste and Recycling (the
"Applicant")for approval of a site plan for construction of a new recycling center on the west side of
the existing recreation center (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 55-feet by 62-feet as shown in Exhibit B-Site Plan,attached hereto
and incorporated herein by this reference,and;
WHEREAS, the Berry Creek/ Miller Ranch PUD Guide (the "PUD Guide") is the governing
zoning document for the Property.The PUD Guide acknowledges that future development will take
place in the PUD that is not yet designed or detailed.As such, the PUD Guide outlines a process to
review applications for development in individual tracts within the PUD through what is called a
site-specific development plan. The PUD Guide includes provisions for reviewing development
applications in Section B of the Guide,and;
WHEREAS,the application was processed by Eagle County as a Limited Review application
because the Eagle County Land Use Regulations (the"ECLURs")do not contain a specific process for
review of site plans,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 May 5,2021,the Planning Commission,based upon
its findings,recommended approval with conditions of the Proposal,and;
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DocuSign Envelope ID:6F884EA9-94AB-4408-9734-ABCFBAO7F000
WHEREAS,at its regular public hearing of June 1,2021,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, 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
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 I 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, the Proposal is in substantial compliance
with the purpose,permitted uses, PUD Guide review standards, development standards for
Tract C,and the use designation of the Property.
Purpose. The purpose of Tract C is to provide recreation facilities and community-
oriented facilities. The Board finds the Proposal is in substantial conformance with
this purpose because a public recycling center is an important community-oriented
facility.
Permitted Uses. The permitted uses for Tract C include public/quasi-public facilities
compatible with other existing and proposed uses and utility facilities, as reviewed
and approved through a site plan. The Board finds the Proposal is in substantial
conformance with the permitted uses listed in PUD Guide at Section D.2. because
the recycling center can be considered both a utility facility and a public facility and
such uses are compatible with existing public recreation and community-oriented
facilities on Tract C.
PUD Review Standards. Staff evaluated the Proposal against the application material
requirements for a site plan review application, as outlined in the PUD Guide. The
Board finds that 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. The Board finds the Proposal meets all dimensional limitation
requirements for Tract C. Conformance with parking standards was reviewed. The
proposal does not create a need for additional parking spaces nor does it eliminate
existing parking,therefore,the Board finds this standard is met.
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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.The Plan designates the Tract property as designated
for Recreation.The proposal aligns with the designation for Recreation with permitted uses
including public/quasi-public facilities compatible with other existing and proposed uses as
well as utility facilities. The Board finds that the recycling center can be considered a
utility facility compatible with existing and proposed ides and; therefore this standard is
met.
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. The Proposal does not impede traffic circulation of park
visitors in the parking lot,nor does it change access points.The Proposal is located at the far
southern end of the parking lot in an area that is out of the way for traffic at the site. The
Proposal conforms with the overall circulation plan for the PUD.Therefore,the Board finds
that this standard is met.
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. Review for adequate drainage for the PUD occurred at the time the Zone
Change and the Planned Unit Development Combined Sketch/Preliminary Plan for the PUD
approved in 2002. Parking areas were reviewed for drainage at that time. The proposal is
located within a portion that is existing pavement,the amount of impervious materials does
not change with the proposal. Therefore,the Board finds this standard is met.
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 approval pursuant to the ECLURs:
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 21st day of ust, 2021, nunc pro tunc to
the 1st day of June,2021. SR-11(AAA
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DocuSign Envelope ID:6F884EA9-94AB-4408-9734-ABCFBA07F000
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BOARD OF COUNTY COMMISSIONERS
ATTEST:
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Commissioner
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Commissioner
Commissioner McQueeney seconded adoption of the foregoing resolution. The roll having
been called,the vote was as follows:
Commissioner Scherr Aye
Commissioner Chandler-Henry Aye
Commissioner McQueeney Aye
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