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Home My WebLink AboutR22-096 Approving File No. LR 9274-2022 Temporary Freedom Park Ice Rink DocuSign Envelope ID:BDD5CFE6-1 E25-4C06-807E-74B54CB952C9 Commissioner chandler-Henry moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2022- 096 RESOLUTION APPROVING THE SITE-SPECIFIC DEVELOPMENT PLAN FOR THE TEMPORARY FREEDOM PARK ICE RINK Eagle County File No. LR-9274-2022 WHEREAS, on or about July 12, 2022, the County of Eagle, State of Colorado, accepted for filing an application(the"Application") submitted by Mountain Recreation Metro District (the "Applicant") for approval of a Site Plan for seasonal, temporary ice rinks located at 450 Miller Ranch Road, Edwards, CO, and more particularly described as set forth in Exhibit A -Legal Description (the "Property"); and WHEREAS,the Property is designated 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 temporary ice rinks proposed by the Application are located on a portion of the above described Property, and including the footprint of the ice rinks and supportive amenities, are over 1 acre, as shown in Exhibit B -Site Plan; and WHEREAS,the Application includes construction of two seasonal, temporary ice rinks and supporting amenities, including a fire pit, benches, and lighting, to provide additional recreation opportunities to the greater Edwards and Eagle County Community; and WHEREAS,pursuant to Section B.2. of the Berry Creek/Miller Ranch PUD Guide and Land Use Restrictions (the "PUD Guide"), Tract C of the PUD allows recreational uses, including ice/hockey rinks, as uses by right,but requires review of a site-specific development plan by the Eagle County Planning Commission(the"Planning Commission") and the Board of County Commissioners of the County of Eagle (the"Board"); and WHEREAS, in order to review the Applicant's site-specific development plan as required by the PUD Guide, the Application has been documented by Eagle County as a Limited Review application as there is no application process outlined in the PUD Guide; and WHEREAS, in accordance with ECLUR, Section 5-210.E -Notice of Public Hearings, notice of the Application 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 1 DocuSign Envelope ID: BDD5CFE6-1 E25-4C06-807E-74B54CB952C9 subject matter of the application and setting forth the dates and times of meetings for consideration of the application by the Planning Commission and the Board; and WHEREAS, at its public hearing held on September 22, 2022, the Planning Commission considered the Application; the associated plans, documents, and studies; the statements and concerns of the Applicant; the statements of Eagle County Community Development and Engineering staff; and the statements of other interested persons, including the members of the public; and WHEREAS, at the same hearing, the Planning Commission voted unanimously 4-0 to recommend approval of the Application with conditions; and WHEREAS, at its public hearing held on October 3, 2022, the Board considered the Application, the associated plans, documents, and studies; the statements and concerns of the Applicant; the statements of Eagle County Community Development and Engineering staff; and the statements of other interested persons, including the members of the public; and WHEREAS,based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County, as well as comments of the Eagle County Planning Department, Eagle County Engineering Department, public officials and agencies, the recommendations of the Planning Commission, and comments from all interested parties, the Board approved the Application with conditions to meet the required standards of approval by a vote of 2-0 and further finds the following: THAT,the Application complies with the standards in 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 of the PUD Guide as set forth below: 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 Application is consistent with the purpose,permitted uses, PUD Guide review standards, and development standards for Tract C, the use designation of the Property upon which the Application is requested. Purpose. The purpose of Tract C is to provide recreation facilities and community-oriented facilities. As the Application seeks to provide ice rinks for hockey and skating to the public, the Application is consistent with this standard. Permitted Uses. The permitted uses for Tract C include indoor and outdoor ice/hockey rinks, as reviewed and approved through a site plan. The Application is in substantial conformance with the permitted uses and review process. PUD Review Standards. Staff evaluated the Application against the application material requirements for a site plan review application as outlined in the PUD Guide. The application materials include all applicable requirements for review of the Application. Development Standards. The Application was evaluated for conformance with dimensional 2 DocuSign Envelope ID: BDD5CFE6-1 E25-4C06-807E-74B54CB952C9 limitation standards for Tract C that included minimum lot area, setbacks, lot coverage of buildings and impervious materials, floor area, and parking. The Application meets all dimensional limitation requirements for Tract C. Conformance with parking standards was reviewed. The Application is located on an existing multi-use sports field which includes ample parking and operates during the winter months when demand for parking is low due to limited use of Freedom Park. Due to seasonal use, parking needs are met during winter months. Therefore, the Application is consistent with this standard. Illumination. The Application was also evaluated for conformance with Section H. - Illumination of the PUD Guide, which states that parking lot, street, and architectural lighting shall utilize concealed lighting and shall be designed and located as to not cast glare onto adjacent properties. The Application meets this standard with Condition 2 noted below. Consistent with the Preliminary Plan. Pursuant to Section B. -Development Review, and Section B.2. -Development Review for Recreation Tract C, Open Space Tracts I and J as addressed above, the Application is consistent 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 Application for conformance with the Preliminary Plan: Ownership and Restrooms. As outlined below, 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 Metro District. The portion of land included in this Application part of the existing lease agreement and the Applicant provided authorization from the County for the proposed recreational activities pursuant to the lease agreement. As the Applicant's lease with Eagle County extends until 2025, this standard is satisfied with condition 1 listed below. Restrooms. The Preliminary Plan approved in 2002 included review for adequate services and facilities to the Property. The Application meets this standard with the inclusion of Condition 3 stated below. It is the Applicant's responsibility to maintain a valid contract for sanitary services each season. Consistency with the Master Circulation Plan. Pursuant to Section B. -Development Review, and Section B.2. -Development Review for Recreation Tract C, Open Space Tracts I and J, the Application is consistent with the Master Circulation Plan for the Property. As shown in the, "Consistency with Preliminary Plan" section above, conformance with parking requirements is met. The Application is consistent with this standard. Consistency with the Master Drainage Plan. Pursuant to Section B. -Development Review, and Section B.2. -Development Review for Recreation Tract C, Open Space Tracts I and J, the Application is consistent with the Master Drainage Plan for the Property. The Application includes two example melt schedules, one assuming a longer winter keeping the ice from melting in March and one assuming a warm spring where ice melts in March. In either scenario, ice will melt naturally over a period of approximately 3 weeks. Melting of the ice rinks will not contribute to unsafe icing at the Eco Trail -Freedom Park sidewalk intersection, through the inclusion of Conditions 1 and 4. Therefore, the Application 3 DocuSign Envelope ID: BDD5CFE6-1E25-4C06-807E-74B54CB952C9 is consistent with this standard. NOW, THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT the Application for a Limited Review of site-specific development plan Application for the temporary Freedom Park Ice Rink described herein and in Eagle County File No. LR-9274-2022 is hereby approved, subject to the following conditions agreed to by the Applicant, and that violation of any condition shall be the basis for revocation of this approval pursuant to the ECLURs: 1. Approval of this Application is valid through May 1, 2025, and will be re-evaluated subject to the receipt of any complaints of the use or drainage issues. 2. The Board of County Commissioners shall hold a public hearing to review the lighting plan associated with the ice rink prior to the 2023-2024 ice skating season and prior to the 2024-2025 ice skating season to ensure continued compliance with the existing PUD Guide and Preliminary Plan. The rinks shall be illuminated no later than 9:00 p.m. 3. The Representative shall provide documentation of a contract for port-a-potty use at the site prior to initiating yearly rink operations. The Representative shall proactively monitor the conditions of the facilities and modify the servicing plan if needed. 4. Every attempt shall be made to ensure the drainage of the rinks does not further contribute to unsafe conditions on the Freedom Park sidewalks or ECO trail and further mitigation to retain water and reduce sheet flow across the paths will be implemented. 5. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in the public meeting shall be adhered to and considered conditions of approval. 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. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 4 DocuSign Envelope ID: BDD5CFE6-1E25-4C06-807E-74B54CB952C9 MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 6th day of December , 2022, nunc pro tunc to the 3rd day of October, 2022. DocuSigned by: aFFAGLf,x, COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its "�o0,/ BOARD OF COUNTY COMMISSIONERS ATTEST: DocuSigned by: DocuSigned by: !°tliLAa1 i'6Vitin- By: 'u "` l th Board J&a.nrvetaktrQvteeney County Commissioners Chair -DocuSigned by: ztlui f4.(,Vr—ttt ►li KathYrlf iittr .--Henry Commissioner DocuSigne'dby:' Aug J cLlryI^ Ntat-t-gttifft8E0473... Commissioner Commissioner scherr seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner McQueeney Aye Commissioner Chandler-Henry Aye Commissioner Scherr Aye This Resolution passed by 3/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 5 DocuSign Envelope ID:BDD5CFE6-1E25-4C06-807E-74B54CB952C9 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; 7 DocuSign Envelope ID:BDD5CFE6-1 E25-4C06-807E-74B54CB952C9 Exhibit B Site Plan 8 --AP ..-i, ... . . . -7------___ - ..: _ ... - .. ...... 41) ....••••,.............. . t I 4 i Am — , - ."****„............... or meI '• . \--- — — — Ai _ , . .. 7411,61411Wwir • " - - ,, :....:---' • • • T.4,8-.1laillaftliness.....2 •• 431 ** •• • • V ' • Y• • • • . , _•/#1\1111"lil 111(1) \ o ..--. ix x .._ •,,0.! -.--.. -,---. - . . . 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