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HomeMy WebLinkAboutMinutes 10/11/2022 PUBLIC HEARING October 11, 2022 Present: Jeanne McQueeney Chairman Matt Scherr Commissioner Jeff Shroll County Manager Matt Peterson Assistant County Attorney Kathy Scriver Deputy Clerk to the Board Absent: Kathy Chandler-Henry Commissioner This being a scheduled Public Hearing,the following items were presented to the Board of County Commissioners for their consideration: Constituent Input Carol Alleman, local Eagle resident, spoke about the Fairground property. She and her husband utilized the area to walk their dogs. She believed it was a well used amenity,but over the years the grounds and open space had deteriorated immensely. The area had become a breeding ground for noxious weeds. The weeds were choking the trees by the river, and after special events,the area was left littered and unclean. Last year she spoke to the person who oversaw the property, and this person indicated that they weren't aware of any problems. She also reached out to the person with the county who handled vegetation management and received no response. Commissioner Updates Commissioner Scherr stated that at 1:30 p.m. this afternoon there would be a Fairgrounds Master Plan presentation. He also reminded everyone about the upcoming election,and if folks were unsure about their voter registration or needed to register to vote,they could go to govotecolorado.gov. Chairman McQueeney spoke about the"Night of Excellence"event at 4 Eagle Ranch to recognize first responders. Jeff Shroll was a keynote speaker and did a fabulous job talking about all the people that made this community what it was. County Manager Updates Jeff Schroll spoke about the"Night of Excellence". He recognized all the first responders throughout the valley and the air rescue and fire team out at the airport who were awarded. Consent Agenda 1. Fourth Amendment to Agreement between Eagle County,Colorado and Citadel Security and Investigations, LLC for security services for the Eagle County Justice Center located at 0885 Chambers Road,Eagle, Colorado;, the Eagle County Campus (Eagle County Building located at 500 Broadway, Eagle,Colorado;the Old Court House-HHS located at 551 Broadway,Eagle, Colorado; and the Facilities Management Building located at 590 1 10/11/2022 Broadway, Eagle, Colorado);,the Avon Annex located in the Avon Center at 100 Beaver Creek Blvd., Avon, Colorado; and the El Jebel Community Center located at 0020 Eagle County Road, El Jebel, Colorado Ron Siebert,Facilities Management 2. Agreement between Eagle County and CDPHE for Master Task Order Contract Amendment#1 Maria Gonzalez,Public Health&Environment 3. Approval of Amendments to Warranty Deeds for Tree Farm PUD Beth Oliver,Attorney's Office Commissioner Scherr moved to approve the Consent Agenda for October 11, 2022 as presented. Chairman McQueeney seconded the motion. Of the two voting commissioners,the vote was declared unanimous. Commissioner Scherr moved to adjourn as the Board of County Commissioners and reconvene as the Eagle County Liquor Licensing Authority. Commissioner McQueeney seconded the motion. Of the two voting commissioners,the vote was unanimous. Eagle County Liquor Licensing Authority 1.Application for New Hotel&Restaurant Liquor License-Benderz Burgers LLC DBA Benderz Burgers APPLICANT: Benderz Burgers LLC TRADE NAME: Benderz Burgers REPRESENTATIVE: James Pavelich,Noah Bender,and Steve Shelman Owner(s) LOCATION: 105 Edwards Village Blvd,B-#103 (Edwards Village Center) REQUEST: Application for NEW Hotel&Restaurant liquor license DESCRIPTION: The applicant submitted an application for a new Hotel & Restaurant liquor license for a location in Edwards, previously licensed by Larkburger of Colorado LLC. After a kitchen fire in 2019,Larkburger closed and never reopened. The applicants currently hold other licenses in Eagle County; Northside Kitchen, Southside Benderz and Fattoria in Avon, Northside Kitchen Grab and Go in Vail, and was recently approved for a new license in Edwards for Ed's. The proposed location is currently undergoing some major renovations and the applicant hopes to open soon. The layout of the establishment will be similar to that of Larkburger. ESTABLISH NEIGHBORHOOD: The first order of business is to establish the neighborhood for petitioning purposes. Staff recommended that the neighborhood consist of a two(2)mile radius from the proposed location- 105 Edwards Village Blvd. #B-103 Edwards CO. FIRST MOTION-Establishing the Neighborhood: 2 10/11/2022 Commissioner Scherr moved that the Local Liquor Licensing Authority establish the neighborhood to include the area within a two (2) mile radius surrounding the proposed location - 105 Edwards Village Blvd. #B-103. Chairman McQueeney seconded the motion. Of the two voting commissioners,the vote was unanimous. NEEDS AND DESIRES OF THE NEIGHBORHOOD: 1. The Local Licensing Authority shall 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 44-3-301 (2)(a). 2. A petition was circulated by the applicant. • 75 Signatures Favoring Issuance • 0 Signatures Opposing Issuance OTHER LOCAL AUTHORITY CONSIDERATIONS: 1. Whether the applicants 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 submitted a complete application and paid the appropriate fees. 2. The applicants are all over 21 years of age and reported to be of good moral character based on the background reports provided by CBI. 3. Public notice has been given by the posting of a notice in public view on the premises September 29,2022 and by publication in the Eagle Valley Enterprise and Vail Daily on September 29 and October 6, 2022. 4. The proposed location is not within 500 feet of any public or parochial school or the campus of any college, university, or seminary. 5. The applicant has provided an alcohol management plan per the requirements of the Local Licensing Authority and proof of server training will be provided upon issuance of the license. STAFF CONCLUSION: 3 10/11/2022 The applicant has met all the necessary requirements for a NEW Hotel &Restaurant Liquor License. SECOND MOTION-Approval of the Application: Commissioner Scherr moved that the Local Liquor Licensing Authority find that there is a reasonable requirement and desire for the issuance of this license and therefore approve the application for a Hotel & Restaurant liquor license for Benderz Burgers LLC DBA Benderz Burgers based on the testimony, petitions, and incorporating staff's findings. Chairman McQueeney seconded the motion. Of the two voting commissioners,the vote was unanimous. Commissioner Scherr moved to adjourn as the Eagle County Liquor Licensing Authority and reconvene as the Board of County Commissioners. Commissioner McQueeney seconded the motion. Of the two voting commissioners,the vote was unanimous. Work Session - Gypsum 1. Open House Visit of the New Northwest Colorado Council of Governments Office &Warehouse Executive Summary: The Northwest Colorado Council of Governments has finished building their Gypsum office. The commissioners will be visiting the open house in their new location at 210 Spring Creek Rd, Unit C-4 in Gypsum. Work Session - Eagle County Room 1. Fairgrounds Master Plan Update-Final Presentation from Populous and Crossroads Consultants Executive Summary: The consultants have prepared the final Fairgrounds Master Plan documents for presentation. Commissioner Chandler-Henry was present for the planning file. Planning File - Eagle County Room/Virtual 1. Tabling: The Fields Subdivision Preliminary Sketch Plan Vince Hooper, Community Development Executive Summary: The Applicant is requesting a tabling for the Fields Subdivision, specifically: Zone Change ZC-9136-2021; Variation From Improvement Standards; Combined Sketch/Preliminary Plan SSP-9165-2021 and Areas&Activities of State Interest 1041 Permit-9137. The Commissioners will consider the tabling of these files to a later date. Vince Hooper, Eagle County staff planner, stated that the applicant requested a tabling of the application. In addition it was discovered that staff had not provided the required referral requests to three required agencies. This had been corrected and those referral comments were due back by October 17th. The Planning Commission 4 10/11/2022 would review the file on November 10th and staff was requesting that this hearing be rescheduled to December 20, 2022. Matt Peterson,Assistant Eagle County Attorney, explained that under Colorado Revised Statute §30-28-136 1.,C, anytime the Board of County Commissioners receives an application for a Preliminary Plan for Subdivision, the application must be referred to any utility, local improvement,and service district or ditch company when applicable. During public comment it was brought to staffs attention that there were three entities that did not receive a referral. The Attorney's Office recommended that the application also be returned to the Roaring Fork Valley Regional Planning Commission in order to consider any potential referral comments. Commissioner Chandler-Henry moved to return the Eagle County land use files SSP 9165-2021, ZC 9136-2021, and VIS 9169 to the Roaring Fork Valley Regional Planning Commission for consideration of additional referral comments from all applicable entities and to table those files and file 1041-9137 to a date certain of December 20, 2022 for continuance of the hearing before the Board of County Commissioners. Commissioner Scherr seconded the motion. The vote was declared unanimous. Eg61 \ There being no further business b o oG lthe meeting was adjourned until October 18, 2022. e� � � � 1,, � ' moo - 01Jk-1 � ORADO Attest: /' , Q-A-1L-A(i Clerk to the Board hairman 5 10/11/2022