HomeMy WebLinkAboutMinutes 03/08/16 PUBLIC HEARING
March 8, 2016
Present: Jeanne McQueeney Chairman
Jillian Ryan Commissioner
Kathy Chandler-Henry Commissioner
Aric Otzelberger Deputy County Manager
Bryan Treu County Attorney
Teak Simonton 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
Commissioner Chandler—Henry spoke about the community conversations of which they have had two.
They were discussing climate change in El Jebel shortly and were in Edwards earlier.
Consent Agenda
1. Agreement for Services between Eagle County and Walking Mountains Science Center for Administration
of Energy Smart Colorado Program
Adam Palmer,Environmental Health
Mr. Palmer explained the agreement. Energy Smart Colorado is a program started by the county and
transferred to Walking Mountains for administration. The program provides low-cost home and business energy
audits,helps the property owner select a contractor to perform energy upgrades, and manages the rebate program.
Mr. Palmer introduced Kim Langmaid,Vice-President of Sustainability for the Center. Dr. Langmaid reported on
the amount of green house gas emissions from leaky buildings that had been reduced through the program. Dr.
Langmaid stated that county funds would allow the program to leverage other funds and provide additional rebates
to consumers for energy efficiency efforts. Dr.Langmaid stated that not only does the Energy Smart program help
the environment,but also provides economic stimulus through contractors performing property upgrades. Energy
Smart has a new low-income program through Energy Outreach Colorado to conduct energy efficiency activities in
mobile homes.
Commissioner Ryan thanked Dr. Langmaid for the partnership. She had had a home energy audit
performed, and worked with the Center to make her home more energy efficient. She did it for environmental
reasons,but had seen a decrease in her home heating bills. She appreciated how Walking Mountains helps manage
the rebate process and said rebates help make energy efficiency measures affordable.
Dr. Langmaid suggested that people call the Center or access the Center's website for a home energy audit
request form.
Commissioner Chandler—Henry thanked Mr. Palmer for his work on sustainability.
Commissioner Ryan moved to approve the Consent Agenda for March 8,2016,as presented.
Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous.
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Citizen Input
Chairman Jeanne McQueeney opened and closed citizen input, as there was none.
Business Items
2. Intergovernmental Agreement between Eagle County and Pitkin County for Provision of Child Welfare and
Adult Protection Services
Kendra Kleinschmidt,Human Services
Ms.Kleinschmidt spoke to the board. Pitkin County representative were unable to join her. She explained
that the partnership with Pitkin County would provide child welfare and adult protection services. It was easier for
clients in Western Eagle County to provide services in the Roaring Fork Valley. Approximately 22%of Eagle
. County's clients came from that side of the county.
Commissioner Chandler-Henry moved to approve the intergovernmental agreement between Eagle County
and Pitkin County for Provision of Child Welfare and Adult Protection Services.
Commissioner Ryan seconded the motion. The vote was declared unanimous.
Commissioner Ryan moved to adjourn as the Eagle County Board of County Commissioners and re-
convene as the Eagle County Liquor License Authority.
Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous.
Eagle County Liquor License Authority
Kathy Scriver, Clerk and Recorder
Other Liquor Business
3. Application to Transfer Ownership of a Retail Liquor Store License
APPLICANT: Josbo Group,LLC
TRADE NAME: Riverwalk Wine& Spirits
REPRESENTATIVE: Jarett Osborn, Owner
LOCATION: 34295 Hwy 6,Bldg. L,Unit C-1 A(Riverwalk)Edwards—CO 81632
REQUEST: Transfer of Ownership
STAFF REPRESENTATIVE: Kathy Scriver
CONCERNS/ISSUES: None
DESCRIPTION:
The applicant has requested the transfer of a Retail Liquor Store License. Edwards Liquor Mart,Inc.
d/b/a Riverwalk Wine& Spirits currently holds the license. The applicant took possession of the premises January
1, 2016 and is currently operating under a Temporary Permit issued by the Clerk and Recorder's Office on January
13, 2016.
LIQUOR AUTHORITY CONSIDERATIONS:
1. Whether the fees have been paid.
2. Whether the applicants are of good moral character
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3. If applicant plans to make any physical change, alteration or modification of the licensed premises,
whether the premises, and if changed, altered or modified,will meet all of the pertinent
requirements of the Colorado Liquor or Beer Codes, including,but not limited to the following
factors:
a. the reasonable requirements of the neighborhood and the desires of the adult inhabitants;
b. the possession,by the licensee, of the changed premises by ownership, lease,rental or
other arrangement;
c. compliance with the applicable zoning laws of the county; and
d. compliance with the distance prohibition in regard to any public or parochial school.
•
•
STAFF FINDINGS:
1. This application is in order, all applicable requirements have been met, all the proper forms have
been provided, and all fees have been paid.
2. The state and local licensing authorities have previously licensed the premises where such alcohol
beverages will be sold and such licenses were valid at the time the application for transfer of
ownership was filed with the local licensing authority.
3. The applicant is reported to be of good moral character based on the report received from the
Colorado Bureau of Investigation.
4. The Affidavit of Transfer and Statement of Compliance has been received.
5. The applicant is over 21.
6. Public notice was given by the posting of a sign in a conspicuous place on the premises February
18,2016,at least 10 days prior to the hearing.
7. Publication is not required for a transfer of ownership.
8. The applicant does not wish to make any physical changes, alterations,or modifications to the
licensed premises,which would alter the licensed premises, or the usage of the licensed premises.
CONCLUSION:
The applicant has met all the necessary requirements for a transfer of ownership and all staff findings are
positive.
DISCUSSION:
Ms. Scriver explained the need for the hearing. The business has been there for 20 years and there have not
been any problems. The new owner was operating under a temporary permit.
Mr. Osborn spoke about his credentials and experience in the liquor business. There were no major
changes planned. Jerry Weiss would be his general manager.
Commissioner Chandler—Henry thanked the business for supporting the United Way fundraiser that was
recently held.
Chairman McQueeney echoed the sentiment.
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Commissioner Chandler-Henry moved that the Local Liquor Licensing Authority approve the transfer of
the license currently held by Edwards Liquor Mart, Inc. d/b/a Riverwalk Wine& Spirits to Josbo Group,LLC d/b/a
Riverwalk Wine& Spirits.
Commissioner Ryan seconded the motion. The vote was declared unanimous.
4. Application to Transfer Ownership of a Hotel and Restaurant Liquor License
APPLICANT: DeYoung, Inc.
TRADE NAME: Vista at Arrowhead
REPRESENTATIVE: Daryl DeYoung, Owner
LOCATION: 676 Sawatch Dr.Edwards (Arrowhead)—CO 81632
REQUEST: Transfer of Ownership
STAFF REPRESENTATIVE: Kathy Scriver
CONCERNS/ISSUES: None •
DESCRIPTION:
The applicant has requested the transfer of a Hotel and Restaurant Liquor License with two(2)
optional premises(golf course). Flexible Restaurants,Inc. d/b/a Vista at Arrowhead currently holds the license.
The applicant took possession of the premises January 1, 2016 and is currently operating under a Temporary Permit
issued by the Clerk and Recorder's Office on January 2,2016.
LIQUOR AUTHORITY CONSIDERATIONS:
1. Whether the fees have been paid.
2. Whether the applicants are of good moral character
3. If applicant plans to make any physical change, alteration or modification of the licensed premises,
whether the premises,and if changed, altered or modified,will meet all of the pertinent
requirements of the Colorado Liquor or Beer Codes, including,but not limited to the following
factors:
a. the reasonable requirements of the neighborhood and the desires of the adult inhabitants;
b. the possession,by the licensee, of the changed premises by ownership,lease,rental or
other arrangement;
c. compliance with the applicable zoning laws of the county; and
d. compliance with the distance prohibition in regard to any public or parochial school.
STAFF FINDINGS:
1. This application is in order, all applicable requirements have been met, all the proper forms have
been provided, and all fees have been paid.
2. The state and local licensing authorities have previously licensed the premises where such alcohol
beverages will be sold and such licenses were valid at the time the application for transfer of
ownership was filed with the local licensing authority.
3. The applicant is reported to be of good moral character based on the report received from the
Colorado Bureau of Investigation.
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4. The Affidavit of Transfer and Statement of Compliance has been received.
5. The applicant is over 21.
6. Public notice was given by the posting of a sign in a conspicuous place on the premises February
18,2016, at least 10 days prior to the hearing.
7. Publication is not required for a transfer of ownership.
8. The applicant does not wish to make any physical changes, alterations,or modifications to the
licensed premises,which would alter the licensed premises, or the usage of the licensed premises.
CONCLUSION:
• The applicant has met all the necessary requirements for a transfer of ownership and all staff findings are
positive.
DISCUSSION:
Ms. Scriver provided some detail about the transfer. This was an establishment that has operated for a long
time and the optional premises included the entire golf course on both sides of Hwy 6.
Mr.DeYoung spoke to the board. He has been the general manager since 2007 and he was very familiar
with the clientele. No changes were proposed from the previous ownership.
Commissioner Ryan moved that the Local Liquor Licensing Authority approve the transfer of the license
currently held by Flexible Restaurants, Inc. d/b/a Vista at Arrowhead Grill to DeYoung, Inc. d/b/a Vista at
Arrowhead.
Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous.
5. Application for a New Hotel and Restaurant Liquor License
APPLICANT: Wyatt's Wine Company,LLC
DBA: The French 75
REPRESENTATIVE: Marc Rouse,Owner
LOCATION: 275 Main St.Unit C-106 (Riverwalk)Edwards,CO 81632
REQUEST: Hotel and Restaurant Liquor License
STAFF REPRESENTATIVE: Kathy Scriver
DESCRIPTION:
The applicant, Wyatt's Wine Company, LLC, submitted an application for a new Hotel and Restaurant
Liquor License on January 26, 2016. The location was previously licensed by Corner Bistro, LLC d/b/a Corner
Bistro. The license expired in April of 2015 requiring the applicant to apply for a new license. Mr. Rouse currently
holds a liquor license in Avon but the establishment is currently closed due to substantial flooding. According to
the Avon Town Clerk,Mr.Rouse has been a responsible license holder.
ESTABLISH NEIGHBORHOOD:
The first order of business is to establish the neighborhood.
Staff recommends the following neighborhood: The neighborhood shall consist of a two (2) mile radius
surrounding the proposed location for the licensed premises.
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Commissioner Chandler - Henry moved that the Local Liquor Licensing Authority establish the
neighborhood to include the area within a two (2) mile radius surrounding the proposed location for the licensed
premises.
Commissioner Ryan seconded the motion. The vote was declared unanimous.
NEEDS AND DESIRES OF THE NEIGHBORHOOD:
1. The Board will consider the reasonable requirements of the neighborhood, the desires of the adult
inhabitants of the neighborhood and whether the existing licenses are adequate to meet these needs
and desires,per the Colorado Liquor Code, Section 12-47-301 (2)(a).
2. The petition was circulated by the applicant and owner,Marc Rouse.
• 55 Signatures Favoring Issuance
• 0 Signatures Opposing Issuance
OTHER LOCAL LICENSING AUTHORITY CONSIDERATIONS:
1. Whether the licensee shall possess and maintain possession of the premises for which the license is
issued by ownership,lease,rental, or other arrangement for possession of such premises.
2. Whether the premises are within 500 feet of any public or parochial school or the campus of any
college,university, or seminary.
3. Whether the fees have been paid.
4. Whether the applicants are of good moral character.
STAFF FINDINGS:
1. The applicant has filed an application on forms provided by the state licensing authority and
provided information as required by the state licensing authority. All applicable requirements have
been met, all the proper forms have been provided,and all fees have been paid.
2. The applicant is 21 years of age and reported to be of good moral character based on his Colorado
Bureau of Investigation background report.
3. Public notice has been given by the posting of a sign in a conspicuous place on the premises
February 18, 2016 and publication in the Eagle Valley Enterprise on February 18 and February 25,
2016.
4. The premises are not within 500 feet of a location for which, within 2 years preceding the
application, a license of the same class was denied for the reason that the reasonable requirements
of the neighborhood and the desires of the adult inhabitants were satisfied by existing outlets.
5. The premises are not within 500 feet of any public or parochial school or the campus of any
college,university, or seminary.
6. The applicant has submitted proof of possession of premises.
7. The applicant has provided an alcohol management plan per the requirements of the Eagle County
Local Licensing Authority and proof of server training will be provided upon issuance of the
license.
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STAFF CONCLUSION:
The applicant has met all the necessary requirements for the Hotel and Restaurant Liquor License.
DISCUSSION:
Ms. Scriver explained that this was a request for a new license. The establishment was located in
Riverwalk near the Bookworm. The new owner had been in the business for a while,holding a liquor license in
Avon. Avon provided a good reference for him as a business operator.
Mr.Rouse stated that he had been involved in the restaurant and liquor industry in the valley since the early
2000s. He named the restaurant after the 1920s cocktail with the same name. There would be 15—20 menu items
and brunch on Sundays. They hoped to open this month,but were at the mercy of the engineers and hood installers.
Ms. Scriver explained that there were names crossed out on the petition due to the use of Post Office boxes
for addresses rather than physical addresses.
Commissioner Ryan moved that the Board find that there is a reasonable requirement and desire for the
issuance of this license and therefore approve a Hotel and Restaurant Liquor License for Wyatt's Wine Company,
LLC d/b/a The French 75 based on the testimony, petitions, and evidence submitted today and incorporating the
staff findings.
Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous.
Commissioner Chandler-Henry moved to adjourn as the Eagle County Liquor License Authority and re-
convene as the Eagle County Board of County Commissioners Eagle County Board of County Commissioners.
Commissioner Ryan seconded the motion. The vote was declared unanimous.
Planning File
6. AFP-5956 Beaver Creek Filing 2,Lot 5A,Tract L
Scot Hunn and Andrea Weber,Planning
Action: To amend the final plat to change the building envelope to accommodate
a larger living room
Location: 0064 Bachelor Gulch Road,Beaver Creek Subdivision
FILE NO/PROCESS: AFP-5956/Amended Final Plat
LOCATION: Beaver Creek Subdivision,Filing 2,Lot 5A,Tact L
OWNER/APPLICANT: John&Maureen,Hendricks
REPRESENTATIVE: Steve Isom, Isom Associates
SURVEYOR: Starbuck Surveyor
I. SUMMARY:
The intent of this Amended Final Plat is to adjust the building envelope to accommodate a reconfiguration of the
building, specifically to accommodate a minor addition to the living room. The Applicant proposes to maintain the
overall size of the envelope by re-allocating unused square footage from one area of the envelope to the area
proposed.
•
This request has been reviewed and approved by the Beaver Creek Resort Design Review Board. DRB approval is
contingent upon successful completion of the County's process.
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And, pursuant to the Planned Unit Development Guide for Beaver Creek Resort, this plat must be considered
during a public hearing, due to the fact that written letters of approval from each adjacent property owner have not
been received.
A sign has been posted near the front of the property(visible from Bachelor Gulch Road), and mailed notice of the
proposal and hearing date has been sent to each adjacent property owner of record.
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 amendment is in keeping with 1) the intent of the original final plat, 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. 2, Beaver Creek
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 5B (Duplex Residential)/PUD
West: Tract L(Open Space)/PUD
North: Tract S (Open Space)/PUD
South: Bachelor Gulch Road(R.O.W.)/PUD
Existing Zoning: PUD
Total Area: .215 acre
III. STAFF FINDINGS AND RECOMMENDATION:
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.
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e. Restrictive Plat Note Alteration. DOES NOT apply.
DISCUSSION:
Mr. Hunn went through some details about the request. It is a duplex lot and the owners wish to do a minor
addition to the home.
Mr. Isom explained that the addition would be approximately 8 feet to bump out the living room. The
Beaver Creek design board has approved this request in principal. The same such extension was done on the other
side of the building years ago. There was no impact to or adverse effect upon adjacent property owners.
Mr. Isom stated that adjacent property owners had expressed no opposition. Many attempts to contact them
came back undeliverable.
Commissioner Chandler - Henry moved that the Eagle County Board of County Commissioners approves
the Amended Final Plat for Lot 5A, Filing No. 2, Beaver Creek Subdivision(Eagle County File No. AFP-5956), as
presented, based on its conformance with applicable standards and based on a review of staff findings, and
authorizing the Chair to sign the plat.
Commissioner Ryan seconded the motion.The vote was declared unanimous.
Work Session(s)
7. ECO Transit and Trails Update
Chris Lubbers,ECO Transit and Trails
8. Grand Avenue Bridge Replacement Project Update
Eva Wilson, Engineering
Tom Newland, Colorado Department of Transportation
There being no further business befor '4 eeting was adjourned until March 15,2016.
Attest: 7VA-AL I 14"be-11- o v Co 00
Clerk to the'3oard C rman
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