HomeMy WebLinkAboutMinutes 07/14/15 PUBLIC HEARING July 14, 2015 Present: Kathy Chandler-Henry Chairman Jeanne McQueeney Commissioner Milian Ryan Commissioner Brent McFall County Manager Beth Ayres-Oliver Assistant County Attorney Kathy Scriver Deputy Clerk to the Board This being a scheduled Public Hearing,the following items were presented to the Board of County Commissioners for their consideration: Commissioner Updates Chairman Chandler-Henry reminded everyone that next week was the 76th Annual Eagle County Fair and Rodeo. Consent Agenda Chairman Chandler-Henry stated the first item before the Board was the Consent Agenda as follows: 1. Resolution 2015-055 Authorizing the Clerk and Recorder's Office, Including the Motor Vehicle Office,to Close to the Public the Day of the Odd Year Coordinated Mail Ballot Election,November 3, 2015 Teak Simonton, Clerk and Recorder 2. Resolution 2015-056 Concerning Ambulance Licensing Standards and Appointments to the Regional Emergency Trauma Advisory Council Bryan Treu, Attorneys Office 3. Third Amendment to Agreement between Eagle County and AMEC Foster Wheeler Environment & Infrastructure, Inc. for Professional Design Services for the Eagle County(Burns)Bridge EAG-301-23.5 Ben Gerdes, Engineering 4. Agreement between Eagle County and Schmueser Gordon Meyer, Inc. for Construction Management Services for the Eagle County(Burns)Bridge EAG-301-23.5 Replacement Ben Gerdes, Engineering 5. First Amendment to Agreement between Eagle County and Schmueser Gordon Meyer,Inc. for Construction Management Services for the Eagle County(Burns)Bridge EAG-301-27.7 Replacement Ben Gerdes, Engineering 6. Resolution 2015-057 Concerning an Appointment to the Minturn Cemetery District Board of Directors Kathy Chandler-Henry, Commissioner 7. Amended Final Plat for Creamery Ranch Subdivision Lots 10 and 11 to Relocate the Common Lot Line between Lots 10 and 11,and to Create a New Utility Easement on Lot 11 (Eagle County File No. AFP- 5285) Scot Hunn,Planning 1 07/14/2015 Chris Montera provided an overview and spoke about the changes to the licensing standards. The regulations had not been revised in about eight years. The resolution adopted the recently updated licensing standards and appointed new members to the Regional Emergency Trauma Advisory Council (RETAC). Aim Montera, Executive Director Central Mountain RETAC spoke. The council was made up of six counties. Their primary goal was to engage all the public health departments. She spoke about some of the programs in the region. Chairman Chandler-Henry highlighted the appointment to the Minturn Cemetery District Board of Directors. Art Chavez from Minturn was being appointed. Commissioner Ryan moved to approve the Consent Agenda for July 14, 2015, as presented. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Citizen Input Chairman Chandler-Henry opened and closed citizen input, as there was none. Business Items 8. Grant and Cooperative Agreement between Eagle County and the Bureau of Land Management for Control, Eradication and Inventory of Noxious,Invasive Species across Multiple Property Boundaries Scott Griffin,Weed and Pest Mr. Griffin stated that the agreement allowed the county to help them control noxious weeds on BLM land. The contract had been reviewed and it was cumbersome. It was a multi-year agreement and the county would receive$6,000 towards weed management. Ms. Ayres-Oliver stated that agreement was in the realm of a service agreement and had been reviewed by Diane Mauriello it the County Attorney's Office. Commissioner McQueeney moved to approve the Grant and Cooperative Agreement between Eagle County and the Bureau of Land Management for Control,Eradication and Inventory of Noxious,Invasive Species across Multiple Property Boundaries. Commissioner Ryan seconded the motion. The vote was declared unanimous. 9. Agreement between Eagle County and Hill Marketing and Advertising, Inc., DBA Hill Aevium, for flyvail.com Website Design, Implementation and Maintenance Greg Phillips, Airport Mr. Phillips stated that Chris Anderson had worked hard on the project. Paying attention to detail, providing focused information, and creating immeasurable benefit to the airport and the county. Mr. Anderson stated that the project was a long time coming. The Eagle County Regional Airport currently operated and maintained two websites which provided information about the airport. The goal was to update the website making it more user-friendly and refresh the flyvail.com branding. Hill Aevium would host the new website and maintain the site. Linda Hill stated that the website would be the first piece and the organic optimization was an ongoing process. The platform was very search engine friendly. Commissioner McQueeney moved to approve the Agreement between Eagle County and Hill Marketing and Advertising, Inc.,DBA Hill Aevium, for flyvail.com Website Design, Implementation and Maintenance. Commissioner Ryan seconded the motion. The vote was declared unanimous. 2 07/14/2015 Commissioner Ryan moved to adjourn as the Eagle County Board of County Commissioners and re- convene as the Board of Equalization. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Board of Equalization 10. Resolution 2015-058 Reports of Valuation for Assessment of Taxable Real and Personal Property, and List of Actions on Real and Personal Property Appeals Mark Chapin,Assessor Mr. Chapin presented the report. The new appraisal for 2015 was based on the market or an appraisal date of June 30, 2014. By the time everyone received their tax bill it would well into 2016 for this year. Assessor Report to County Board of Equalization July 14,2015 Pre Assessor Level Appeals: Assessed Actual Value of Real Taxable Property: $3,022,378,180 $29,873,927,050 Value of Personal Property: 89,543,630 308,771,630 Value of all Taxable Property: $3,111,921,810 $30,182,698,680 Post Assessor Level Appeals: Value of Real Taxable Property: $2,983,037,550 $29,660,840,880 Value of Personal Property: 89,257,920 307,786,470 Value of all Taxable Property: $3,072,295,470 $29,968,627,350 Count Total Real Property Appeals 3,211 Adjusted 1,678 -$45,545,330 -$279,487,070 Denied 1,533 Total Personal Property Appeals 53 Adjusted 31 -$ 285,710 -$ 985,160 Denied 22 TOTAL ASSESSOR LEVEL APPEALS 3,264 Adjusted 1,707 -$45,831,040 -$280,472,230 Denied Denied 1,557 Commissioner Ryan moved to approve the resolution regarding the Reports of Valuation for Assessment of Taxable Real and Personal Property, and List of Actions on Real and Personal Property Appeals. Commissioner McQueeney seconded the motion. The vote was declared unanimous. 3 07/14/2015 Commissioner Ryan moved to adjourn as the Board of Equalization and re-convene as the Eagle County Local Liquor Licensing Authority. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Other Liquor Business 11. Transfer/Temporary Permit-Frisco Restaurant,LLC DBA Ti Amo Italian Restaurant APPLICANT: Frisco Restaurant, LLC DBA: Ti Amo Italian Restaurant REPRESENTATIVE: Scott and Deborah Yenerich—Owner(s) LOCATION: 40928 South Hwy 6#2 A—Eagle Vail REQUEST: Transfer of Ownership/Temporary Permit STAFF REPRESENTATIVE: Kathy Scriver CONCERNS/ISSUES: None DESCRIPTION: The applicant has applied for the transfer of a Hotel and Restaurant liquor license and is requesting a Temporary permit to allow them to operate during the period in which the application to transfer ownership of the license is pending. The applicant has submitted all of the required documents and associated fees for the transfer. Ti Amo, Inc. d/b/a Ristorante Ti Amo currently holds the license. STAFF FINDINGS: 1. The premises where the alcoholic beverages will be sold have been previously licensed by the State and Local Licensing Authority, and were valid as of the date of receiving the application. 2. The applicant has applied on forms provided by the Department of Revenue and includes the name and address of the applicant,the names and addresses of the president,vice-president, secretary and managing officer,the applicant's financial interest in the proposed transfer, and the premises for which the Temporary Permit is sought. 3. An Affidavit of Transfer that all accounts for alcohol beverages have been paid,has been filed. 4. The application for the Temporary Permit has been filed no later than thirty(30)days after the filing of the application for the transfer of ownership and the appropriate fees have been paid. DISCUSSION: Ms. Scriver presented the request. Scott Yenerich stated that he had been the manager for five years. It was a fantastic restaurant and he believed he was fortunate to have the opportunity to take care of the business. There would not be changes made to the operation. Commissioner McQueeney moved that the Local Liquor Licensing Authority approve the issuance of a Temporary Permit to Frisco Restaurant, LLC d/b/a Ti Amo Italian Restaurant which will be valid until such time as the application to transfer ownership of the license is granted or denied or for one hundred twenty(120) days, whichever occurs first; except that, if the application to transfer the license has not been granted or denied within 4 07/14/2015 the one-hundred-twenty day period and the transferee demonstrates good cause, the local licensing authority may extend the validity of said permit for an additional period not to exceed sixty(60)days. Commissioner Ryan seconded the motion. The vote was declared unanimous. Commissioner Ryan moved to adjourn as the Eagle County Local Liquor Licensing Authority and re- convene as the Eagle County Board of County Commissioners. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Planning File 12. AFP-5227 Cordillera Subdivision filing 17,lots 2,3,4,block 1 Kris Valdez,Planning David Bentley and Hollis Rademacher,Applicants Dominic Mauriello, Representative Note: Tabled from December 30,2014,January 27 and April 28,2015 Action: The purpose of this Amended Final Plat is to eliminate the lot located at 109 Peregrine Drive/Lot 3,Block 1, Cordillera Subdivision Filing 17. The lot will be incorporated into the adjacent lots 2 and 4. Location: 109 Peregrine Drive, Edwards Area TITLE: Amended Final Plat—Cordillera,Filing No. 17, Block 1,Lots 2, 3 &4 FILE NO./PROCESS: AFP-5227/Amended Final Plat LOCATION: 85, 109, 123 Peregrine Drive OWNERS: David and Tracey Bentley; Hollis Rademacher APPLICANT: David Bentley and Hollis Rademacher REPRESENTATIVE: Mauriello Planning Group,Dominic Mauriello STAFF PLANNER: Kris Valdez,MURP,AICP I. SUMMARY: The intent of this Amended Final Plat is to vacate the lots lines between three contiguous lots: Lots 2, 3 & 4,Block 1, Cordillera Filing No. 17, thereby creating two lots—new Lot 2 and new Lot 4. Lot 3 which was jointly owned between two separate owners is now being eliminated, the land area of which will be added to Lots 2 and 4, respectively. There are currently single-family residential structures on Lot 2 and Lot 4; each owned by different parties. Lot 3 is held in common ownership between the two lot owners. The owners have decided to eliminate Lot 3 and to include the area from Lot 3 into their respective properties. No other changes are proposed and staff does not believe that the proposed change will negatively impact any adjacent property owner. This Amended Final Plat has been reviewed and approved by the Cordillera Metropolitan District Design Review Board. However, the Applicant was unable to secure approval letters from each of the adjacent properly owners therefore the project is required to have a formal hearing. A sign has been posted at the entrance to the property, and mailed notice of the proposal and hearing dates has been sent to each adjacent property owner of record. 5 07/14/2015 In response to public notification, staff has not received any inquiries from any party who may be affected by the proposed amendment. Staff Findings and Recommendation Staff believes the proposed building envelope amendment is in keeping with 1) the intent of the original final plat and building envelope locations for Filing No. 17, and 2) the requirements of the Eagle County Land Use Regulations (ECLURs). Specifically, staff believes the Amended Final Plat meets each of the following, applicable criteria: Adjacent property. Staff believes the proposed amendment will not adversely affect any neighboring property. Final Plat Consistency. Staff has reviewed the original Final Plat for Filing No. 17, Cordillera Subdivision, and finds that the proposed amendment is consistent with the intent of the original plat. Conformance with Final Plat Requirements. The Applicant's surveyor has made all necessary revisions and refinements to the plat document as required by the Eagle County Surveyor, the Eagle County Engineering Department and the Eagle County Planning Department. Furthermore, the plat has been reviewed by the Eagle County Attorney's Office for compliance with legal requirements. The plat, as signed by applicable parties is, therefore, consistent with the intent of the Eagle County Land Use Regulations. II. SITE DATA: Surrounding Land Uses/Zoning: East: Lot 7,Filing No. 17,Block 1 /PUD West: Ole Creek Ranch Parcel H/Resource North: Cordillera Metropolitan District/PUD Lot 7,Filing No. 17, Block 1 /PUD South: Peregrine Drive(R.O.W.)/PUD Lot 5, Filing No. 10/PUD Lot 6, Filing No. 10/PUD Existing Zoning: PUD(Single Family) Total Area: Lot 2: 1.918 Lot 4: 1.573 Acres Water: Public Sewer: Public Access: Peregrine Drive III. STAFF FINDINGS: Pursuant to Section 5-290.G.3., Standards for Amended Final Plat: a. Adjacent property. Review of the Amended Final Plat has determined that the proposed amendment DOES NOT have an adverse effect on adjacent property owners. b. Final Plat Consistency. Review of the Amended Final Plat has determined that the proposed amendment IS consistent with the intent of the Final Plat. c. Conformance with Final Plat Requirements. Review of the Amended Final Plat has determined that the proposed amendment DOES conform to the Final Plat requirements and other applicable regulations,policies and guidelines. d. Improvement Agreement. DOES NOT apply. e. Restrictive Plat Note Alteration. DOES NOT apply. 6 07/14/2015 DISCUSSION: Ms. Valdez presented the request. The request would split lot 3. There were currently single-family structures on Lot 2 and Lot 4. The owners decided to eliminate Lot 3 and include the area into their respective properties. Chairman Chandler-Henry wondered about the delay. Dominic Mauriello stated that the bank lending requirements held up the process. Chairman Chandler-Henry opened and closed public comment as there was none. Commissioner Ryan believed agreed with staff findings. Commissioner McQueeney stated that the file was fairly straight forwards. Chairman Chandler-Henry concurred. Commissioner Ryan moved to approve this Amended Final Plat/Eagle County File No. AFP-5227 and authorize the Chairman to sign the Amended Plat. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Work Session 13. El Jebel Road Project Eva Wilson, Engineering Board of Social Services 14. Board of Social Services Rita Woods,HHS tf61-4� There being no further busines • d,the meetin_ as adjourned until July 2 ,2015. V :4c Attest: 1.44-4 5t stn v 1 o • .P+9° (/t, Clerk to t - Board Chairm 1bl f- pu-p 7 07/14/2015