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HomeMy WebLinkAboutMinutes 12/19/95 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKE~S 387869 PUBLIC HEARING DECEMBER 19, 1995 Present: James Johnson, Jr. George "Bud" Gates Johnnette Phillips Sara J. Fisher Chairman Commissioner Commissioner Clerk to the Board 'This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: 'The Board convened as the Local Liquor Licensing Authority. Legends Restaurant Earlene Roach, Liquor Inspector, presented a renewal of a Hotel and Restaurant License with Extended Hours for Robert Y. Prigmore, dba/Legends Restaurant. She stated all documentation is in order. 'The Sheriff's Office reports no complaints or disturbances during the past year. Staff recommended approval. Bob Prigmore, owner of Legends Restaurant, stated they now have about 30~ of their employees TIPPED trained but they are continuing to train their newer employees. Commissioner Phillips moved to approve the renewal of a hotel and restaurant license with extended hours for Robert Y. Prigmore, dba Legends Restaurant. Commissioner Gates seconded the motion. The vote was declared unanimous. Saddleridge at Beaver Creek Earlene Roach presented a managers registration for Barrie C. Holt, Beaver Creek Food Services, Inc., dba/Saddleridge at Beaver Creek. All documentation is in order. 'The Sheriff's Office reports Ms. Holt to be of good moral character. Staff recommended approval. Tamara Underwood, representing Beaver Creek Food Services, asked Ms. Holt how long she has been in the food and beverage industry. Ms. Holt answered for ten years. Commissioner Gates moved to approve the managers registration for Barrie C. Holt, Beaver Creek Food Services, Inc., dba/Saddleridge at Beaver Creek. Commissioner Phillips seconded the motion. 'The vote was declared unanimous. Broken Arrow Cafe Earlene Roach presented a renewal of a hotel and restaurant license with extended hours and oI?tional premises. Also included in the application is a modification of prenuses, adding an area off the deck of the premises, adding a deck to the optional, 'The Yurt, and adding a deck to the optional Anderson Cabin. A managers registration for Tom Poznanski is also included. All documentation lS in order. 'The Sheriff's Office reports Mr. Poznanski to be of good moral character. Staff recommended approval. Tamara Underwood asked Mr. Poznanski how long he's been in food and beverage. Mr. Poznanski answered six years. Previously he was assistant manager of Beano's Cabin. Ms. Underwood went on to discuss the maps they are submitting for Broken Arrow. Mr. Poznanski approached the Board and explained the maps. Ms. Underwood stated this premise also has two optional premises one 1 being Anderson Cabin and the second the Alpine Club Yurt. Both of these are surrounded by a rail cabin deck. Mr. Loeffler asked if the Broken Arrow is only a seasonal facility. Mr. Poznanski answered at this point they have used it occasionally for functions in the summer but is only planned to be a winter facility. Mr. Loeffler asked about using the optional premise in the summer if it has no boundaries. Mr. Poznanski answered there will be a split rail fence. Chairman Johnson asked if this is a real Yurt and the applicant answered yes. Commissioner Phillips moved to approve the renewal of a hotel and restaurant license with extended hours and optional premises for Beaver Creek Food Services, Inc., dba/Broken Arrow Cafe. 'The Board shall approve the modification of premises for the same and a managers registration for Tom Poznanski. commissioner Gates seconded the motion. The vote was declared unanimous. Fiesta's New Mexican Restaurant Earlene Roach presented a renewal of a hotel and restaurant license with extended hours for Marquez Restaurants, Inc., dba/Fiesta'S New Mexican Deli & Restaurant. Ms. Roach stated yesterday Staff received a letter from Environmental Health regarding a hand sink and staff is recommending approval with the condition of this. Ms. Marquez explained the issue as it was brought to their attention and stated they do not feel it is reasonable or convenient to use the sinks that are in place in their kitchen as they have been for the last four years. She stated they have looked into the issue of installing the hand sink but they would have to close down for a number of days to jack hammer the floor. A portable sink as recommended costs $4,200.00. Ms. Marquez further stated the re9Ulations state compliance can take place when a major remodel takes I?lace whlch happened four years ago but Environmental Health did not require lt at this time. Ms. Marquez stated she did not know that this was going to be an issue. Mr. Loeffler stated the Board does have the ri9ht at this time to approve the renewal of the license with this conditlon and that they must come to terms with this with Environmental Health. Ms. Marquez responded she is somewhat surprised it has gone this far in that she felt this was a recommendation by the health department and not a requirement. Chairman Johnson stated as a member of this Board he does not feel he has the knowledge to judge whether a sink is necessary or not. He believes they should renew the liquor license and allow Ms. Marquez the opportunity to work this out with Environmental Health. In the event they lose their food license, they will indeed lose their liquor license at the same time. Ms. Roach stated all documentation is in order. 'The Sheriff's Office reports no complaints or disturbances during the past year. Staff recommended approval. Commissioner Gates moved to approve the renewal of a hotel and restaurant license with extended hours for Marquez Restaurants, Inc., dba/Fiesta'S New Mexican Deli and Restaurant. commissioner Phillips seconded the motion. 'The vote was declared unanimous. Ms. Marquez asked if Earlene received a faxed copy of the report of change. Ms. Roach responded that would have to be done at a later date. Beaver Creek Golf Club Earlene Roach presented a managers registration for Tony Martinez, Beaver Creek Food Services, Inc., dba/Beaver Creek Golf Club Bar & Grill. All documentation is in order. 'The Sheriff's Office reports Mr. Martinez to be of good moral character. Staff recommended approval. Tamara Underwood asked Mr. Martinez how long he has been in food and beverage. Mr. Martinez answered ten years with two years with Vail Associates. Mr. Loeffler asked Mr. Martinez if he is familiar with the liquor laws 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 for Colorado. Mr. Martinez responded yes. Mr. Loeffler asked if Mr. Martinez was familiar with the boundaries of the establishment. Mr. Martinez answered affirmatively as well. Commissioner Gates asked if Mr. Martinez was familiar with the TIPS program. Mr. Martinez responded he is TIPS certified. Commissioner Phillips moved to approve a managers registration for Tony Martinez, Beaver Creek Food Services, Inc., dba/Beaver Creek Golf Club Bar & Grill. Commissioner Gates seconded the motion. 'The vote was declared unanimous. Game Creek Club Earlene Roach presented a new application for a private hotel and restaurant license with extended hours for Vail Food Services, Inc. and The Game Creek Club, dba/Game Creek Club. Ms. Roach read her findings for the record. Commissioner Gates asked about the difference between a club license and a private hotel restaurant license. Mr. Loeffler stated a club license is issued to a non-~rofit entity which is not required to show there is a need within the nelghborhood. 'They must also be in business as a club for three years before becomin9 private. Mr. Loeffler referred to a recent opinion by the state that says lf a need can be shown for a private operation then they may be eligible. Jim Mandel, Vail Food Services, stated he is the one who really started this. He stated when they decided to I?ursue this they went to the statutes and found that no where, ln their opinlon, is it required to be public. He further discussed the assumption of gaming facilities. He stated they came forward and from the onset have presented this as a private facility including their special use, the 1041, etc. They went to the state and referred to an August 7, 1995 letter from the State indicating a hotel and restaurant could be allowed to be a private facility. Mr. Mandel further discussed the private nature requirements and the conditions that address the specific findings. He has drafted a resolution accordin91y. Chalrman Johnson asked for a copy of the letter from the State Liquor Authority. Mr. Mandel went on to summarize their position. He introduced several individuals present, including Max Scott from Oedipus, Inc. who circulated the petition, and Mike Frierey who will be the manager of the Game Creek Facility and Paul Golden, Vail Associates. Mr. Mandel stated we are here to establish whether the needs of the neighborhood are being met and whether or not a license should be issued for this facility. He stated they are not here for a policy decision as that decision has been made and Game Creek Club has been marketed as being a private facility. At all of the hearings, the 1041, special use, etc. they have presented this as a private facility. Mr. Mandel stated this is not about gated communities, nor is it about the haves and the have nots, he stated this is not part public, part private. Mr. Mandel stated this is not about private use of public land. 'This facility is not on forest service ground. 'This is not about Eagle Springs. 'They are requesting what they are requesting. 'This is not about four other clubs, this will stand on its own. This is not about a Club license because they do not qualify accordingly. They are here simply to apply for that type of license in conjunction wlth those they already have. 'They simply want to restrict membership. Mr. Mandel asked if the public might speak at this time so that they can return to work. Stan Cope, owner of a small management company in Vail Village and member of the Tourism and Convention Board, stated as manager of a liquor license at the Vail Athletic Club he understands the guests are demanding of the things they do and do not want. He stated many of their guests wish to 3 use the facilities where they can get reservations and though they will not be members, it will open the door for seats to be available at those restaurants that do take reservations. Chairman Johnson asked if not having a liquor license would restrict that. Rob Levine, representing the Lionshead merchants and a holder of a liquor license, stated he believes the Game Creek Club will provide an opportunity to individuals who will use the club to experience something that does not require waiting for a reservation. Paul Gotthelf, Vail Village merchant for 19 years, stated the consensus is really for improved facilitles on the mountain. It gives those people who we want to visit our valley an opportunity they would not have otherwise. Chairman Johnson asked if by approving thlS particular type of license that our ski areas would be at the front of the curve as far as ratings. Mr. Gotthelf responded this is one more aspect of pulling the people into the area. Chairman Johnson questioned if this license is not granted would they go somewhere else. Mr. Gotthelf responded perhaps they would 90 somewhere else. Commissioner Gates questioned the lmplicatlon that people can't function without liquor consumption during the day. Mr. Gotthelf resI?onded a glass of Wlne merely enhances the experience. Mr. Mandel explalned we have more and more Europeans skiing on the mountain and that culture does like to have a drink with their meals. Mr. Loeffler asked how many Europeans have memberships. Mr. Mandel did not have an answer. Frank Johnson, I?resident of the Vail Valley Convention Bureau echoed what Mr. Gotthelf sald in that this club gives a wider range of dining opportunities, especially at the higher end. 'This frees up some of the seats in the public restaurants so that other $U:ests can use those. If there is any competition it is probably more so wlth their own restaurants. To offer this service, a liquor license is necessary. In order to take care of the expectations of those, a license is necessary. Commissioner Gates stated there is an implication there will be administrative concerns for staff. Ms. Roach responded there will most likely be several additional applications if this license is approved. She related when Eagle Springs wanted to apply for a private hotel restaurant license they were informed it would not be possible. Bran Jessum, stated as an employee of the mountain, a skier in Vail for 23 years, he understands the need for a club conceI?t. He stated personally, as an aging baby boomer, he avoids the public feedlng facilities. Jim Mandel tendered correspondence from E.B. Chester, Roger Behler, Kenny Friedman, Martha Head, Elaine Kelton, Rod Slifer, Paul Tyler, and Mike Closser who express support for this license. Mr. Mandel stated they must also do two additional things and related the State has required a record on this. Gary Reif, Attorney, stated once you do this license you do not need to approve every new license. He asked about the newspaper clipping and if it listed the private nature of the club. Mr. Loeffler asked what it said. Mr. Reif read the public notice to the Board. Mr. Reif introduced Mike Friery asking him where he lives, where he works, etc. Mr. Reif referred to exhiblt D in the packet which gives the description of the club and the floor plan. Mr. Reif asked if they are applying for an optional premise and if the posting described the private nature of the club. Mr. Friery tendered I?ictures showing the posting of the establishment. Mr. Reif asked who wlll be responsible for food service. Mr. Friery responded Vail Food Services. Mr. Reif asked about the food service and the specifics of the club, its management and control. Mr. Reif asked Mr. Friery's opinion if there is a need for this club. Mr. Friery stated yes there is. He was questioned if there is a need to serve alcohol a the club and Mr. Friery responded yes. Chairman Johnson asked how many members there will be and Mr. Friery responded there will be 407. commissioner Phillips asked how many there are now. 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Mr. Loeffler asked if any would withdraw their membership if they are not granted a license. Mr. Friery responded they have sold the establishment with that understanding. Nolan Rosel, a Boulder resident, with a masters in City and Regional planning from Cornell, and the president of RRC was introduced. Mr. Reif asked about his work in the resort communities. Mr. Rosel has worked for vail Associates since 1980. Mr. Reif asked about the work he has done for VA. Mr. Rosel explained the surveys they have and do conduct. 'The average number of skiers per day is 10,000. During the summer approximately 100,000 to 130,000 visitors. Mr. Rosel explained this as being a destination ski facili ty with a mixture of skiers. Mr. Rosel explained the age and wage distribution. OVer half of the skiers indicated household incomes of $100,000 or more. 'The primary competitors are Aspen, Steamboat, Telluride, the Utah resorts, and the European resorts. Vail also competes with warm weather resorts. Mr. Reif questioned if there is a need for a private facility on Vail Mountain. Mr. Rosel went on to explain their findings and there has been a need and a desire for a club like this. 'There is a need for a more private intimate nitch on the mountain. Mr. Reif asked about proposed members bringing their liquor to the mountain. Mr. Rosel stated that would not be a very popular method. Mr. Reif asked about other restaurants being able to satisfy the demand. Mr. Rosel stated this facility will provide an experience that is not found otherwise. Mr. Rosel stated this would not create excess supply and would not have an effect of competition. Chairman Johnson asked how many of Vail's competitors have private clubs. Mr. Rosel stated they are seeing a nitch, high end restaurants that are available but not private. Mr. Rosel explained that many of those facilities encourage upper end skiers. Mr. Reif introduced Max Scott, the owner and operator of Oedipus. Mr . Reif asked how many petitions they have distributed. Mr. Scott responded to questions asked by Mr. Reif. He explained the petitions before the Board. Mr. Reif explained the results of the petitions. Mr. Loeffler asked about the deletion of some signatures. Mr. Scott explained those deletions. Mr. Reif asked if an analysis was completed and Mr. Scott explained that as well. Mr. Loeffler asked about the red asterisks. Mr. Scott explained. Mr. Loeffler asked about the verbal responses and Mr. Scott showed how those opinions were voiced. Mr. Loeffler asked additional questions about the petitions and those who qualified to sign. Commissioner Phillips asked about those signatures being people using the mountain. Mr. Scott explained. Mr. Loeffler asked about the explanation of the "private club" facility. Mr. Scott stated they explained the nature of the club and the fees, etc. as required. Mr. Loeffler asked if the fee structure was described. Mr. Scott responded they did not state that specifically. Mr. Reif stated there is no legal requirement to state how much the memberships cost. Mr. Scott stated they really had no inquiries. Jim Mandel stated they are authorized to obtain the type of license required for this type of facility. He believes they have dotted all eyes and crossed not only all tees but all tall letters. He tendered a I?roposed resolution for this license and the state has required certain condltions be adhered to. Mr. Mandel stated they have used the format of resolutions used by this body. 5 Chairman Johnson asked Mr. Loeffler if in state statute there is any definition of the word public. Mr. Loeffler stated somewhere it would be defined for certain purposes and does not know whether it would be applicable here. commissioner Phillips asked if there were any comments from the Town of Vail and or any comments received from the general public. Mrs. Roach responded no. Chairman Johnson summarized his concerns and his opinions about the need for legislation for licenses of this type. Mr. Loeffler stated there has been legislation in respect to airline clubs. Chairman Johnson stated he's not looking for something specific to airlines but to legislation concerning private restaurant licenses. Commissioner Phillips stated Eagle County has been first in many things and there is always somebody looking for private clubs. She feels we are unique in alot of areas and that legislation may be good. Commissioner Gates stated this is a call that must be made by the state and he believes the applicant is using the alternatives and legal options that they have. Commissioner Phillips moved to approve the private hotel restaurant license for Game Creek Club. Commissioner Gates seconded the motion. commissioners Phillips and Gates voting yes and commissioner Johnson voting no. Commissioner Phillips moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. commissioner Gates seconded the motion. 'The vote was declared unanimous. Adams Rib Jim Fritze, County Attorney, stated as a result of a meeting with Mr. Carlysle they have a housekeeping item to take care of. 'There are exhibits 1 - 47 and with regard to this list they have made exhibits of the land use regulations and/or the master plan. Mr. Fritze stated they have no problem in including those, they will want to include certified copies. He recommends, based on the prior discussions, the Board accept those with #8 and #34 being accepted into evidence. He reminded them they have accepted those documents tendered by the Concerned Citizens. commissioner Gates moved to accept the documents into the record. Commissioner Phillips seconded the motion. 'The vote was declared unanimous. Mr. Fritze specified if the Board comes to a decision today to continue this hearing, it must be to a date certain and adopt the resolution as the final action of the Board. He suggested if this is to happen it be scheduled for hearing for January 2, 1996. 'The Board has three alternatives, to approve, to deny, to approve with conditions. In his opinion, he asks the Board to specifically enunciate that all conditions of the 1982 approval are in tact. Commissioner Gates stated there have been alot of issues brought to the Board for their consideration and he believes there are alot of concerns he still has regarding density and the division between the applicant and the public. He thinks in some ways they are infringing on personal property rights but this application must meet the community needs. Regardless of the decision made today, some of both sides may be unhappy but a conclusion must be made. commissioner Phillips stated she new when she woke up this morning she would make 50~ of the population unhappy. She referred to the judge's decision which has not yet been reached. She then referred to the Forest Service decision. She feels this is a good project and she believes it unfortunate that it has been taken to detail. She would rather see this plan than a subdivision that will be divided up in many ways. She believes they must look at what is really best for the community. She feels this Board has been charged with the important task of making the right decision for the community. Her concerns are still with density and prefers to see less density. She is concerned with the water issues and even though they've been 6 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 told it is there, she is not convinced it is adequate. Chairman Johnson stated they have heard alot of discussion about this being growth vs. no growth. What they are here to do is decide what is appropriate growth. Also there has been discussion of this being a private property right issue. The density issue has been discussed, in splitting the baby, but doing so will not satisfy either side. To do so, the project would die and/or it would not correspond with the master plan. Chairman Johnson believes this Board should look at the entire PUD as a whole and those impacts can only be judged by looking at it as a whole. He asked the Board in what direction they wish to continue. One approving without conditions, approve with condltions or to deny. Mr. Johnson suggested deliberation may not be necessary if approval without conditions or denial is made. Commissioner Gates moved to deny the amendment to the subdivision sketch plan, knowing the burden falls back on the applicant. He feels the only way the community can be part of this is if the applicant returns to the drawing board and comes back with a new application. Commissioner Phillips seconded the motion. In discussion, Commissioner PhilliI?s stated although it is the best sketch plan she has seen there are condltions that must be met. Chairman Johnson stated one thing that must be done at this time is to include the findings. Commissioner Gates moved to include Staff's original findings in the motion. Commissioner Phillips seconded the amendment. 'The vote was declared unanimous. Chairman Johnson called for the question on the motion. 'The vote was declared unanimous. Jim Carlysle asked for a point of clarification. He questioned the findings and their presentation to the Board. Mr. Carylsle questioned the concerns voiced by the Commissioners and asked if they can deal with those concerns rather than facing an out and out denial. Commissioner Gates stated the only way to come to a consensus between the applicant and the community is to start over. commissioner Gates moved to adjourn as the Board of County commissioners and reconvene as the Local Liquor License Authority. commissioner Phillips seconded the motion. 'The vote was declared unanimous. Game Creek Club Commissioner Johnson asked if Commissioner Phillips would authorize the Chairman to sign a drafted resolution to include the conditions as ~resented by the applicant. The staff will be directed to prepare an approprlate resolution. Commissioner Phillips moved to approve the resolution once drafted by the staff. commissioner Gates seconded the motion. 'The vote was declared unanimous. Commissioner Gates moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Commissioner Phillips seconded the motion. 'The vote was declared unanimous. Plat & Resolution Signing 1) SM-987-95 Berry Creek Ranch, Filing No.4, Lot 45, Block 3. This is a Minor Type "B" Subdivision, a resubdivision of Lot 45 to create Lots 45N and 45D. 'This plat does contain the Duplex Split Caveat which states only one two-family residence may be constructed on the combined area of the lots. 7 Commissioner Gates moved to approve file number SM-987-95, Berry Creek Ranch, Filin9 No.4. Commissloner Phillips seconded the motion. 'The vote was declared unanimous. 2) SM-1008-95 Arrowhead at Vail, Filing NO 15, Lot 27. This is a Minor Type "B" Subdivision, a resubdivision of Lot 27 to create Lots 27A and 27B. This plat does contain the Duplex Split Caveat which states only one two- family residence may be constructed on the combined area of the lots. commissioner Phillips moved to approve file number SM-1008-95, Arrowhead at Vail, Filing No. 15. commissioner Gates seconded the motion. 'The vote was declared unanimous. 3) SM-1009-95 Whiskey Hill, Lot 9. 'This is a Minor Type "B" Subdivision, a resubdivision of Lot 9, Whiskey Hill, creating Lots 9A and 9B. This plat does contain the Duplex Split Caveat which states only one two- family residence may be constructed on the combined area of the lots. Commissioner Gates moved to approve file number SM-1009-95, Whiskey Hill, Lot 9. Commissioner Phillips seconded the motion. 'The vote was declared unanimous. 4) SM-1013-95 Whiskey Hill, Lot 24. 'This is a Minor Type "B" Subdivision, a resubdi vision of Lot 24, Whiskey Hill, creating Lots 24E and 24W. 'This plat does contain the Duplex Split Caveat stating only one two- family residence may be constructed on the combined area of the lots. commissioner Phillips moved to approve file number SM-1013-95, Whiskey Hill, Lot 24. Commissioner Gates seconded the motion. 'The vote was declared unanimous. 5) SM-1014-95 Eagle-Vail Subdivision, Filing No.1, Lot 4, Block 4. 'This is a Minor Type "B" Subdivision, a resubdivision of Lot 4 to create Lots 4A, 4B, 4C and 4D and the Corrmon area. 'This plat does contain a statement the Zone District Requirements are being met with regards to the primary lot lines. commissioner Gates moved to approve file number SM-1014-95, Eagle-Vail Subdivision, Filing No.1, Lot 4, Block 4. commissioner Phillips seconded the motion. 'The vote was declared unanimous. 6) SM-1016-95 Eagle-Vail Subdivision, Filing No.2, Lot 35, Block 4. 'This is a Minor Type "B" Subdivision, a resubdivision of Lot 35 in the Eagle- Vail Subdivision to create Lots 35# and 35W. 'This plat does contain the Duplex Split Caveat stating only one two-family residence may be constructed on the combined area of the lots. Commissioner Phillips moved to approve file number SM-1016-95, Eagle- Vail Subdivision, Filing 2, Lot 35, Block 4. commissioner Gates seconded the motion. 'The vote was declared unanimous. 7) SM-1017-95 Eagle-Vail Subdivision, Filing No.1, Lot 67, Block 3. 'This is a Minor Type "B" Subdivision, a resubdivision of Lot 67 in the Eagle- Vail Subdivision to create Lots 67A and 67B. 'This ~lat does contain the Duplex Split Caveat stating only one two-family resldence may be constructed on the combined area of the lots. Commissioner Gates moved to approve file number SM-1017-95, Eagle-Vail Subdivision, Filing No 1, Lot 67, Block 3. Commissioner Phillips seconded the motion. 'The vote was declared unanimous. 8) SM-1018-95 Ber~ Creek Ranch, Filing No.2, Lot 18, Block 3. This is a Minor ~e "B" Subdlvision, a resubdivision of Lot 18 in the Berry Creek Ranch Subdi vlsion to create Lots 18A and 18B. 'This plat does contain the Duplex Split Caveat stating only one two-family residence may be constructed on the combined area of the lots. 8 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Commissioner Phillips moved to approve file number SM-1018-95, Berry Creek Ranch, Filing No.2, Lot 18, Block 3. Commissioner Gates seconded the motion. 'The vote was declared unanlmous. Resolution 95-152 - Extension of the Preliminary Plan for The Homestead, Filing 2, Blocks 13-16. 'This Resolution extends the Preliminary Plan for a period of seven months until the date of June 7, 1996. Commissioner Phillips moved to approve Resolution 95-152. Commissioner Gates seconded the motion. 'The vote was declared unanimous. Resolution 95-153 - PD-337-95-S2 Planned Unit Development Sketch Plan for Knudson Ranch. 'This Resolution reflects approval. Commissioner Gates moved to approve Resolution 95-152. Commissioner Phillips seconded the motion. 'The vote was declared unanimous. Resolution 95-154 - AS-361-95 The Lazy Ranch of Lake Creek Special Use Permit. 'This Resolution reflects approval of a Bed and Breakfast operation and an arts and crafts studio within the Resource Zone District. commissioner Phillips moved to approve Resolution 95-154. Commissioner Gates seconded the motion. 'The vote was declared unanimous. Resolution 95-155 ZS-337-95 Special Use Permit for the Wolcott Post Office/Substation within the Resource Zone District. Commissioner Phillips moved to approve Resolution 95-155. Chairman Johnson seconded the motion. commissioners Phillips and Johnson voting aye. Commissioner Gates abstained. Resolution 95-156 PD-330-95-P Northstar Center Planned Unit Development. This Resolution reflects approval of a Zone District Amendment and Preliminary Plan for the Northstar Center. Commissioner Gates moved to approve Resolution 95-156. Commissioner Phillips seconded the motion. 'The vote was declared unanimous. ZS-370-95, Bellyache Ridge Communication Site Paul Clarkson, Planner, presented file number ZS-370-95, Bellyache Ridge Communication Site. He stated this was a request for an expansion of the Bellyache Ridge Multi-user Communications Site.The applicant is proposing to expand the bUllding and tower capacity of an existing communications site on the top of Bellyache Ridge. 'The site was constructed in 1982. 'This application will bring the site into conformance with the County's Land Use Regulations. Staff is recommending approval with the four conditions as read by Mr. Clarkson. Commissioner Gates asked if this allows for multiple users. Mr. Clarkson responded this does allow multiple users. Chairman Johnson asked about staff's recommendation not to use a loop road. Mr. Clarkson responded that Mountain Top does plan on making improvements. Chairman Johnson asked about turnarounds. Mr. Clarkson responded the fire equipment now can back down and stated that physically it is really not possible to build a loop road. Commissioner Phillips moved to approve file number ZS-370-95, Bellyache Ridge Communication Site with the following conditions and staff's findlngs A-G: 01) The applicant shall be responsible for all relevant Eagle County permits. 02) The building ~ermit will not be issued without conformance to the wildfire hazard mitigatlon plan as outlined by the Colorado State Forest 9 Service in a letter dated October 23, 1995, except no loop road shall be required. 03) An internal remote sounding smoke alarm is required. 04) Compliance with all BLM conditions of Right-of-Way permit approval. Commissioner Gates seconded the motion. unanimous. 'The vote was declared Certification of Mill Levies Mark Silverthorne, presented the Certification of mill levies for Eagle County stating these are now being certified to the assessor. commissioner Gates moved to approve the Certification of Mill Levies as presented. commissioner Phillips seconded the motion. In discussion, Mr. Sartin clarified these are the mill levies that were adopted last week. 'This certification is required by law and submitted by the special districts to the Board. Every district must submit what they plan to impose as a levy for the up coming year. Chairman Johnson called for the question on the motion. 'The vote was declared unanimous. PD-293-95-S and PD-293-95-A, Cordillera Subdivision Sid Fox, Plannin9 Manager, presented file number PD-293-95-S and PD-293- 95-A, Cordillera Subdlvision. 'This is a request to add 320 acres, the Bearden parcel, to the Cordillera PUD. 'The proposed plan is to reallocate 65 units to the Bearden parcel from the existing approved zoning for the Cordillera PUD. Mr. Fox stated this was referred to a number of agencies and summarized the issues identified. 'The applicant has indicated a wlllingness to work with the agencies. 'The Planning Commission did recommend approval incorporating the conditions set by Staff. A 1041 will be included with preliminary plan and building envelopes be adjusted to avoid greater than 30 degree slopes. Jerry Ingall, representing the applicant, reviewed the history of the property. He showed the right of way on the map that provides access to the ranch. 'They purchased first right of refusal of the property though it was I?ut under contract with a separate group of people. 'The applicant feels this lS a natural extension of their PUD. Peter Jamar and staff joined in to decide what would be consistent with the development. Peter Jamar stated this project demonstrates they have thoroughly analysed this project before starting any planning to address wetlands and slopes, wildlife, wildfire hazards, etc. 'They have chosen to take the previously approved density at Cordillera and allocate it to the 320 acres. 'They are transferrin9 the density from the Ranch to this parcel. 'They are not adding any additlonal density which minimizes water use, air pollution, etc. In trying to come up with a plan that really fits the land, they incorporated staff, the existing homeowners, and the surrounding property owners to encourage their participation. The significant issue is they have unchanged the initial Cordillera units. Mr. Jamar showed a drawing of the homesite stating they range in size from 1 to 3 acres. The Squaw Creek Corridor will be preserved as open space. The clustering of homesites, they believe minimizes the development of open space. 'They want this plan to meet what is on the books now as the master plan and the pending master plan. Staff and the applicant concur this is a project that fits. Another thing they want to ensure is the density tapers off from the center. 'The density on this parcel is one unit per five acres. 'The benefits to Cordillera are a unified architectural control, the fact it will be incorporated into the homeowners association and from a maintenance standpoint. Commissioner Gates stated he felt good about the Squaw Creek portion. He asked about the wildlife mitigation. Mr. Jamar stated at preliminary plan they will come forward with the mitigation plan as recommended by the DOW. Jerry Engle stated they are going to preserve the barn and the cabins on the Bearden homestead. Some of the neighbors would like to create a trust for that preservation. Suzanne Shepard, Squaw Creek Road resident, stated she was here in 10 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 sup~ort of this ~lan. 'The overall density has always been a concern and movlng that denslty is very positive. Her concern with wildlife is her overall issue. 'The air quality is suffering and to see more cars on this property will adversely effect those who live down valley. Regarding the ISDS, the homes appear to be clustered and would benefit from sewer. Access to west Squaw Creek Road is an issue. She hopes that Cordillera will not use the road for parking. 'The wildfire hazard is something she has never understood as they have not been required to have a fire truck on both sides of the valley. She stated it takes ten minutes for a truck to get up the hill. She referred to the house that recently burned and a car fire last sumner. She would like to see a water truck parked on both sides of the valley for immediate response. Commissioner Gates asked about the road down West Squaw Creek and understands it is being used for re9Ular traffic. Jerry Engle responded traffic lS by the gas company who used it this sumner. He stated they are not using it for access purposes. Commissioner Phillips asked about the mitigation plan and the suggestion that monies be put into that fund. Sid Fox responded there is a component in there for contributions to the mitigation fund. Commissioner Phillips asked if that is going to be included in the mitigation plan. Mr. Fox stated the concept of the plan has been developed but it needs further refinement. Peter Jamar stated the DOW's position on compensation has been a one time payment of $750.00 per unit. 'That has been the standard request. Commissioner Gates stated it is not a condition of approval but a suggestion. Commissioner Phillips inferred neither the DOW or the Board has regulation over that. Mr. Jamar stated that in fact, this has already been approved as a condition of the previous approvals and they are belng transferred over. He suggested the Board and DOW might work together to determine who's requirement it is. Chairman Johnson asked if there is a wildfire mitigation plan that will be presented with the preliminary plan. Mr. Jamar stated there has been a plan submitted to staff and the DOW and that will be reviewed at preliminary plan. Chairman Johnson stated his appreclation to the applicant for comparing this proposal to the new master plan. commissioner Gates thanked Peter for his involvement in the public meetings. Commissioner Phillips moved to approve file numbers PD-293-95-S and PD- 293-95-A, Cordillera Subdivision, with the following conditions and incorporating staffs findings: 01) A detailed wildlife mitigation plan and wildlife Mitigation Agreement with the Colorado Division of wildlife shall be submitted with the Preliminary Plan. Commissioner Gates seconded the motion. 'The vote was declared unanimous. Game Creek Club Mr. Fritze presented Resolution 95-157, for the Board's consideration regarding Game Creek Club. Commissioner Gates moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Commissioner Phillips seconded the motion. 'The vote was declared unanimous. Chairman Johnson presented Resolution 95-157. Commissioner Phillips moved to ap~rove Resolution 95-157, approving a private Hotel and Restaurant License wlth Extended Hours for Vail Food Services, Inc. and Game Creek Club, dba/The Game Creek Club. 11 Commissioner Gates seconded the motion. commissioners Gates and Phillips voting yes and Commissioner Johnson voting no. commissioner Gates moved to adj ourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Commissioner Phillips seconded the motion. 'The vote was declared unanimous. SE-318-95, Shearwood Exemption Kathy Eastley presented file number SE-318-95, Shearwood Exemption. She stated thlS was a request to exempt a 3.359 acre parcel which was created in 1975. 'This is a lot that exists just south of the Shearwood Exemption. Rosie Sherwood, applicant, stated when they bought the property they were not aware of the regulations that had been passed. 'There was a deed on the property under a different name. She is now legalizing this I?iece of property as it is required by the County. She is actually combinlng this with her lot and she is not selling a lot to anyone. Mrs. Sherwood discussed the history of their property and the legalization of their older piece of property for tax purposes. She did sell 4.6 acres of property earlier after legalizln9 the property. COmmlssioner Phillips clarified that was when it split off from the Bishop Ranch. Mr. Fritze stated this is a public item and we are ahead of schedule. Commissioner Gates moved to table file number SE-318-95, Shearwood Exemption until 2:00 today. Commissioner Phillips seconded the motion. 'The vote was declared unanimous. commissioner Gates moved to approve file number SE-318-95, Shearwood Exemption. commissioner Phillips seconded the motion. 'The vote was declared unanimous. 'There being no further business to come before the Board, they adjourned until the next scheduled meeting. Attest: C t1!~+J#~ 12