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HomeMy WebLinkAboutMinutes 09/26/95 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING SEPTEMBER 26, 1995 Present: James Johnson, Jr. George "Bud" Gates Johnnette Phillips James R. Fritze Earlene Roach Chairman Corrmissioner Corrmissioner County Attorney Deputy Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Corrmissioners for their consideration: Chairman Johnson opened the meeting as the Local Liquor Licensing Authority. Sonnenalp Golf Club Earlene Roach, Liquor Inspector, presented a renewal of a Hotel and Restaurant License with Extended Hours and Optional Premises for SPI Golf, Inc., dba/Sonnenalp Golf Club. She stated an inspection was made of the premises and no licenses were posted. The applicant has been informed he must post the State and County, Licenses, Sales Tax License and current Federal Tax Stamp. The aPI?licant has the County license but it was not posted. The Sheriff's Offlce reports no complalnts or disturbances during the past year. Staff recorrmended approval. Charles Fray, applicant, stated the licenses were being kept at the accounting office but have now been posted on site. corrmissioner Phillips moved to approve the renewal of a Hotel and Restaurant License with Extended Hours and Optional Premises for SPI Golf, Inc., dba/ Sonnenalp Golf Club. Corrmissioner Gates seconded the motion. Corrmissioners Phillips and Gates voting yes and Chairman Johnson voting no. Golden Eagle Inn Earlene Roach presented a renewal of a Hotel and Restaurant License with Extended Hours for Golden Eagle Inn, Inc., dba/Golden Eagle Inn. An inspection was made of the premises and all was in order. The Sheriff's Office reports no complaints or disturbances during the past year. Staff recorrmended approval. Don Bird, applicant, was present for the hearing. Chairman Johnson asked if all employees have attended a TIPS training program. Mr Bird stated his bartenders do but not all of the wait staff does. corrmissioner Gates moved to approve the renewal of a Hotel and Restaurant License with Extended Hours for Golden Eagle Inn, Inc., dba/Golden Eagle Inn. Corrmissioner Phillips seconded the motion. The vote was declared unanimous. El Jebel Convenience Store Earlene Roach I?resented a new 3.2~ Beer application for EL Jebel LLC, dba/El Jebel Convenlence Store. She informed the Board the applicant is waiting for signatures on an assignment of lease. Corrmissioner Phillips moved to table the new 3.2~ Beer application for El Jebel LLC, dba/El Jebel Convenience Store. Corrmissioner Gates seconded the motion. The vote was declared unanimous. 1 Eagle Valley Chamber of Ccmmerce Earlene Roach presented a Special Events Permit application for the Eagle Valley Chamber of Corrmerce. She stated the application was in order, however, Staff has a concern with the control issue. She related in the past the Chamber of Corrmerce has indicated how the Fairgrounds would be controlled but what has been indicated is not necessarily what happens. During the 1995 County Fair, the Chamber informed the Liquor Authority they would have indivlduals posted at the gate to control alcohol cOffilng into or leaving the area. On Saturday night, the biggest night, this did not happen. Staff would like to be assured what is promised is what happens. Bob Loeffler, Ass't. County Attorney, stated the insurance for the event was not up to what the County requires. He related in the past the Chamber has been allowed to have inadequate insurance. Jim Maxwell, President of the Eagle Valley Chamber of Corrmerce, stated he was unaware of the different amounts needed for insurance. Chairman Johnson stated three weeks ago the Chamber's Attorney was informed of the changes. Earlene Roach stated on Saturday night, the biggest night during the fair, there was no one posted at the gate for several hours as promised. Chairman Johnson requested this matter be tabled for one week to look into the matter. Corrmissioner Gates moved to table for one week to allow the applicant time to submit the proper insurance and investigate problems during the Fair. Corrmissioner Phillips seconded the motion. The vote was declared unanimous. Tramonti I S Earlene Roach presented a renewal of a Hotel and Restaurant License with Extended Hours for JK & F Corporation, dba/Tramonti's. She requested this matter be tabled to allow the applicant to be present. Corrmissioner Phillips moved to table the renewal of a Hotel and Restaurant License with Extended Hours for JK & F Corporation, dba/Tramonti's. Corrmissioner Gates seconded the motion. The vote was declared unanimous. Spruce Saddle Restaurant Earlene Roach presented a modification of premises for Beaver Creek Food Services, Inc., dbalSpruce Saddle Restaurant. She stated the applicant and Staff held a work session on September 8, 1995 and have agreed to reduce the outside area, make it an optional premise and use fencin;J and natural boundaries to enclose the proI?osed new areas. Staff belleves this will solve the concern with the control lssue. The Sheriff's Office reports no complaints or disturbances durin;J the past year. Staff recorrmended approval. Tamara Underwood, representlng the applicant, stated the license proper would consist of the building, deck, winter seating area, the optional premise's would only be used in the sumner. She stated if it was needed during the winter the applicant would notify the County within 48 hours. Chairman Johnson asked where would liquor be stored for the Red Tail site. Beth Sloan, representing the applicant, stated it would be stored at the Red Tail warehouse. It would be only a winter operation and at this time we see not opening the Red Tail site durin;J the sumner. Chairman Johnson informed the appllcant he is concerned with approving the optional premise on a year round basis. Ms. Underwood related if the applicant decides there is a need to use their optional I?remises in the winter, they will work with Staff and the Board to determne if a modification of premises is needed. Corrmissioner Phillips moved to approve the modification of premises for Beaver Creek Food Services, Inc., dbalSpruce Saddle Restaurant. Corrmissioner Gates seconded the motion. The vote was declared unanimous. 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEt.:S 387869 Trappers Cabin Earlene Roach presented a modification of premises for Beaver Creek Food Services, Inc., dbalTrappers Cabin. She stated a work session was held with Staff and the applicant on September 8, 1995. It was decided to decrease the outside area, make it an optional premise and use fencing and natural boundaries. The Sheriff's Office reports no complaints or disturbances during the past year. Staff recorrmended approval. R.G. Jacobs, manager, stated the reason for the optional premise is to allow customers to have a drink while playing horse shoes, sitting around the campfire, etc. He stated the area will be fenced with jack fence and natural boundaries to assure a definite and distinct boundary. He stated the optional will be a sumner use only. Corrmissioner Phillips moved to approve the modification of premises for Beaver Creek Food Services, Inc., dbalTrappers Cabin. Corrmissioner Gates seconded the motion. The vote was declared unanimous. Inn at Beaver Creek Earlene Roach presented a renewal of a Hotel and Restaurant License with Extended Hours for Beaver Creek Food Services, Inc., dba/Inn at Beaver Creek. She stated an inspection was made of the premises and all was in order. The Sheriff's Office reports no complaints or disturbances during the past year. Staff recorrmended approval. corrmissioner Phillips moved to approve the renewal of a Hotel and Restaurant License with Extended Hours for Beaver Creek Food Services, Inc., dba/Inn at Beaver Creek. Corrmissioner Gates seconded the motion. The vote was declared unanimous. Two Elk Restaurant Earlene Roach presented a renewal of hotel and restaurant license with extended hours an optional premises. The Sheriff's Office reports no complaints or disturbances during the past year. Staff recorrmended approval. Jeff Whiteside, manager, stated he worked for Two Elk Restaurant for the last 2 years, and the last 10 years at different areas with Vail Associates. corrmissioner Phillips moved to approve the renewal of a hotel and restaurant license with extended hours and optional premises for Vail Food Services, Inc., dba/Two Elk Restaurant. Corrmissioner Gates seconded the motion. The vote was declared unanimous. Mid- Vail Restaurant Earlene Roach presented a modification of premises for Vail Food Services, Inc., dbalMid-Vail Restaurant. She stated after a work session with the applicant, the outside area has been decreased and is now an optional premise, which will be controlled by fencing and natural boundaries. The Sheriff's Office reports no complaints or disturbances during the past year. Staff recorrmended approval. Tamara Underwood stated they area eliminating one of the optional premise's leaving two. She stated the optionals are marked by ski racks, railing and fencing. There are 4 accesses to the area. Corrmissioner Gates moved to approve the modification of premises for Vail Food Services, Inc., dba/Mid-Vail Restaurant. Corrmissioner Phillips seconded the motion. The vote was declared unanimous. Eagle's Nest Earlene Roach presented a modification of premises for Vail Food Services, Inc., dbalEagle's Nest. Staff and the applicant met to discuss the 3 boundaries on September 8, 1995. The outside area will be controlled with fencing and natural boundaries. The Sheriff's Office reports no complaints or disturbances during the past year. Staff recorrmended approval. Tamara Underwood stated this summer they removed the first floor of the building and have found they need that area relicensed to transport alcohol. Ms. Underwood related the optionals will only be winter operations. Ski racks, fencing and natural boundaries will make the licensed premises. corrmissioner Phillips moved to approve the modification of premises for Vail Food Services, Inc., dba/Eagle's Nest. Corrmissioner Gates seconded the motion. The vote was declared unanimous. Beano's Cabin Earlene Roach presented a modification of premises for Beaver Creek Food Services, Inc., dbalBeano's Cabin. Ms. Roach related also included in this file is a manager's registration for Gloria D'Alessandro. She stated during a work session the applicant and Staff have asreed to a smaller outside area, this area to be an optional premise, and fenclng and natural boundaries. Staff no longer has concerns with control. The Sheriff's Office reports no complaints or disturbances during the I?ast year. Ms. Underwood stated Beanos's Cabln licensed area includes the building and the optional premise will be broken into two different areas, one would be an area where the guests meet to get on a snowcat then take a van to the Cabin. Area number two would be more of a special events area. These areas will use signage, fencing, ski racks and natural boundaries. corrmissioner Gates moved to approve the modification of premises for Beaver Creek Food Services, Inc., dba/Beano's Cabin. Corrmissioner Phillips seconded the motion. The vote was declared unanimous. Corrmissioner Gates moved to adjourn as the Local Liquor Licensing Authority and reconvened as the Board of County corrmissioners. ,Corrmissioner Phillips seconded the motion. The vote was declared unanlmous. Adams Rib The Board made a site visit to Adams Rib recreational area this afternoon. The meeting reconvened at 5:35 p.m. in the Eagle County Room. Keith Montag, Director of Community Development, presented file number PD-138-95-F1, Adams Rib. He stated the purpose of tonights meeting is to continue with public corrment. Staff has no corrments at this time, but if there are any questions relative to the site visit Staff will be happy to answer them at this time. Woody Laughtin, upper Kaibab resident, stated as far as development goes he believes Adam's Rib has a real good handle on it. He stated he believes there to be a need and believes the proposal to be in good taste. He spoke to the wildlife and related he does not see this proposal as being a deterrent. Leonard Sinclair, Gypsum resident, stated he is here as a member of the silent majority. He referred to letters to the editor in the paper. He stated he would like to see Adam's Rib being controlled and a concerned develoI?ment of the valley. He would like to see children growing up in the area wlth an excellent school system. He would like to have the feeling that the children can So into trades, open businesses and raise their children here. Mr. Sinclalr stated he is concerned about towns drying up and there being no work for kids to come back to. He sees Adam's Rib bringing good jobs within the area for children to remain here. He referred to the County's PUD system and believes the 35 acres will be broken up into even smaller parcels. He spoke concerning building on the property, horses, fencing and development of smaller, five acre parcels. He stated he hopes the Corrmissioners will listen to the quiet people. Ron Brave, president of the Builders Association, asked the corrmissioners why the County can't take on transportation and bike trails? He related Chairman Johnson's response was the County could not afford to 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 take on transportation and bike trails. He believes viable, sustainable, economic development is the way to achieve this. He stated without the economic base there is no way to do it. Mr. Brave spoke to those people who believe this is not an economically viable development. Mr. Brave stated to him, this is a viable, sustainable, well planned economic development for Eagle County. Patty Brave, area resident, stated she is in favor of Adam's Rib. She believes lt to be a well planned project which will provide for affordable housing for those people who will be working there. Dan Corcoran, a resident of Eagle County for 23 years, reviewed his various positions of Boards within Eagle County and related he makes his living from development. He stated Adam's Rib sketch plan was approved long before development of Beaver Creek, Arrowhead, Singletree, etc. He went on to discuss the transportation tax and the concern over how that will meet the needs of this development. He questioned the property that is close to the ski area being affordable. He urged the Board not to approve the development plan as it is not in the best interest of Eagle County. Marian McDonough, area resident, read a letter from her husband Torrmy McDonough offering his views which state he is against the project stating we simply don't need it. He disagrees as the current building boom is driving down the price for contractors because fly by knight subs have appeared to take work. Kathy Chandler-Henry, resident of Eagle, encouraged the Board to look at this as a part of the larger picture. She does not believe this is in line with the desires of the corrmunity. The desire for open space and recreation areas is not being considered. She asked the desires of the citizens be listened to. Hugo Benson, a Gypsum resident for eight years and printing company owner, e~hasized his enjoyment of living here as he has but he does not think it lS fair or wise to restrict other people from living here as well. By adding competition and practicing good stewardship, other people should have the opportunity to enjoy it. John Swanson, an Eagle resident, stated he now feels this file is where it should be in front of an open an unbiased Board. He stated most of those who disapprove of the project made their livings from the development up valley. Keeping this land agricultural will not allow for future generations to come. He discussed affordable housing and the increase in lot prices makes affordable a strange word to most people. The Eagle area and Brush Creek master plan is too broad. On a positive side, Mr. Swanson believes the developer has taken great strides to make this a good plan. A public golf course, true affordable housing and jobs are all shown within this project. Russell Smith, here as business owner and employer of employees, stands in support of Adam's Rib. He concurs with the corrments of Mr. Brave, Mr. Lotman, and Mr. Sinclair. He wants the Board to look at the benefits of having one developer as opposed to numerous builders. Luke Danielson, Attorney for concerned Citizen's of Eagle County, stated he does not believe this issue to be a no growth verses growth issue. The question is dealing with the i~acts, the contours, and the rate of growth. He believes the development as lt stands, is too much growth. They have attended six hearings of the planning corrmission last year. Several more meetings this spring at which time they voted four to one against the project. Mr. Danielson reviewed the 1982 hearing at which time the Board requested a single document which encompasses all of the project. He referred to Dr. Freilich's argument of numbers. The justification is development elsewhere. He referred to exhibit B and the denial from the Department of the Army. Now Adam's Rib is shifting the development to another location. He believes care for the county dictates the need to see the project as a whole and not piece meal. Exhibit D, referred to by Mr. Danielson asked if we want a new urban center in this location. He referred to the book "Rural Design" and indicated it has nothing to do with development in this area. Mr. Danielson questioned the water rights, exhibit E and the response of Adam's Rib to Eagle's concerns over water. He suggested the whole development be looked at together. He related Bob Young stated there would have to something akin to 5 the Berlin airlift or the Normandy invasion. This is too much growth. He grew up in a ski town which is now a corrmunity where nobody knows each other. He asked the Board if it is possible to preserve the sense of community in an environment that is growing too fast. Chairman Johnson asked about entering the exhibits with the numbers that were assigned. Jim Fritze, County Attorney, responded if the numbers conflict, the other exhibits would be numbered and or lettered at a future date. Doug Maxfield, Bellyache Ridge resident, asked the Board to do two things, take a drive up Bellyache and look east, seeing Game Creek, Beaver Creek, Singletree, etc., etc. He suggested they count the potholes and the patches in their road and use that as an example of what can be expected in every community with development. He stated when the weather is right you can see the pollution. Then he suggested they drive out to mile marker 144. He suggested that Adams Rib is just the beginning. The traffic ilTlf?act, the nature of the geography, and the pollution problems are just the tlp of the iceberg. He suggested they have an opportunity to visualize the i1Tll?act. Dwight Mertens, resident in the valley for thirteen years and ln Eagle for four years, stated he has no interest in Adam's Rib but is 100~ in favor of it. He suggested if Adam's Rib pulls out there will be multiple development. With Adam's Rib there will be control over the building. He referred to an article he read where there will be an astronomical number of people "bedded down" if that type of development takes place. With Adam's Rib there will be open spaces, but if left up to the individuals they will use their entire space. The wildlife will have a tougher time trying to survive on grass of manicured yards. wi th Adam's Rib there will be open spaces with ways to get back to the mountains. He questioned the tax increases if Adam's Rib goes in. The view of a checker board development design won't make for any prettier view. The natural aspect of Adam's Rib development will allow for plant life to survive. Mr. Mertens referred to his son moving here and not finding housing. He spoke about his father in law and a development in Iowa where the town almost disappeared because they denied the development. Lori Ann Mertens, area resident, stated she was concerned with her children. She blames the lack of things to do for children in the area, such as gymnastics, ski ins , hockey etc, they must rely on drivin;J: 40 miles away. The activities for klds are a long way away. with Adam's Rlb coming in, they are bringing in a 100 acre parcel to bring recreational activities for them to take part in. She would like to see this happen. Ella Bindley, former Eagle County Assessor, stated she's seen this valley grow since vail had ten buildings. She believes that growth and development is going to happen regardless and that a well planned development with a good road and the creek where it can be seen is the way to go. Many people who are asainst Adam's Rib are doing so because of the development up valley. She belleves the businesses that will be provided by this development will be good for all in the area. She feels the money spent by Adam's Rib is ridiculous. Dick Brooks, Gypsum resident, landscaper and ski planner for Vail Associates, believes Adam's Rib could be a good plan if done properly. He sees the plan has changed dramatically but these changes are not being proposed or provided to the Corrmissioners. He believes there are some major cracks that are not being looked at. He questioned the lack of gravel according to Adam's Rib but the movement of thousands of acres of land. The golf course plan, referred to by the developers as clustered, is not. They have taken every bit of buildable land and are planning to build on it. He stated every planner he has talked to that doesn't work for Adam's Rib have said this is a lousy plan. He sugsested the Board contact some of the planners and the communities in WhlCh Mr. Kummer has built and see what kind of person and developer he is. He would like to see the models of the buildings he plans to build. He thinks the Board should get the entire scope of the project. Rosie Sherwood, area resident, stated she had an opportunity to visit the area in the site visit today. After standing in those fields today, she felt a bit emotional about the memories. She stated after the visit they went to look at the development layout at the office and they looked at the density aspect of the development. She believes the development is flip flopped and density away from Eagle doesn't make sense. She believes it is a 6 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 plan with some very serious problems and especially so with density. The road offers a hugh challenge for a number of reasons. Folks will be driving through property where there are no easements. She recently had to dedicate 30 feet of proI?erty as right of way in the event of this development. She was in a positlon where the County held her over a barrel. This must be addressed early and there must be planned roadway for people south of town. Only a third of the plan was discussed today and this should not be a piece meal project. Kelly Pool, area resident stated she has recently learned the house she is living in has recently sold and adding Adam's Rib to this area will add to the cost of housing. The people who are going to build in Adam's Rib will force the prices up and make this area even less affordable for normal people. Mark Moore, Gypsum resident, stated he believes planned growth is what is needed in this area. Time will tell if a recession is in the works. Fifteen years of solid development will benefit all in Eagle County. Tom Brooks, a recent resident of Eagle County, stated he has moved here to make a better world for himself, even afford a place in Adam's Rib. Mr. Brooks says he is against stagnation. He was here in 1962 and made a living. Mr. Brooks stated Mr. Kummer has the right to do with his property what he chooses and what is good for the area in general. The present boom is finite. He is for Adam's Rib, for people's property rights. Let's not forget everyone is involved here. Small business opportunities is what brings people here. Jackie Allen, a Gypsum resident since November, believes this whole situation to have been different for her to look at. She works with people who are the "workins poor". She has a horticultural background in landscape architecture. She lS for Adam's Rib for many of the same reasons some of her friends are opposed to it. She sees the economic development and the ridiculous lengths that people have to drive to their jobs. She believes that by having Adam's Rib at this end of the county it will balance out the county bringing some of the corporate wealth to this area as well. Those up valley want and need the employees of these communities. She would like people to stop commuting so child abuse and concerns for children will reduce. Adam' Rib will have to address the concerns of the people and do so to be successful. She used to be opposed to high density. The sprawl is eating up the high density and hopefully, with developments like Adam's Rib there will still be some green space left. She would like to see the approval of Adam's Rib with contingencies that will be fair and even out the economy. Annie Eagne, a resident of Brush Creek Road, shared her reasons she wishes denial of all three developments of Adam's Rib. She stated there is a labor shortage and asked how can it be an advantage to create more jobs where there are not enough people now. People do not want thousands of people up their valley. Affordability, she asked the Corrmissioners where are people to go. What percentage of locals will be able to afford to buy on the course or even play golf there. Adam's Rib does not conform to the master plan or the County plan. How can it conform to the new plans being developed. She read a letter submitted to the Enterprize and asked Mr. Kummer why he might not take a look at becoming a friend of Eagle County. Craig Kenny, Brush Creek resident, reiterated any plan that requires the County and the Corrmissioners to condemn private property to gain right of ways lS enough for him to deny it. Rob Fosset, Eagle resident and a construction worker, stated he personally would probably benefit from the development but asked the Corrmissioners to reject the proposal. This is a perfect place to start saying no. Mr. Fritze referred to the exhibits and suggested they be listed as CC, exhibits 1 -H. Terrill Knight, Knight Planning, suggested an alternative schedule and believes some of the issues are tied together. Perhaps at the next meeting they can set the schedules for longer periods of time. He asked the pleasure of the Board. Mr. Montag responded the decision is up to the Board. He is willing to 7 work with any schedule but the one set by the Board has been published. Mr. Danlelson stated they have consultants they would like here as well and would like to plan accordlngly. Mr. Knight stated they would like to do whatever works. Perhaps based on the schedule tonight, they can create a new schedule. Mr. Fritze stated tonight they must notify the public of the next meeting and the context of the meeting. Charlie Wick, representing the applicant, read into the record what and when they would like to discuss which issues. The dates and the times are not a problem. Chairman Johnson suggested the November 14th items be moved to October 24th but informed the group Mr. Fritze would not be present at the 24th hearing. They will schedule through the 14th of November as is with the dates and times as listed. Commissioner Phillips moved to adjourn. Corrmissioner Gates seconded the motion. The vote was declared unanimous. The next public hearing will be October 2, 1995. Attest: _ 8