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HomeMy WebLinkAboutMinutes 05/17/05 PUBLIC HEARING May 17,2005 'resent: Am Menconi Peter Runyon Tom Stone Keith Montag Diane Mauriello Teak Simonton Chairman Commissioner Commissioner Acting County Administrator County Attorney Clerk to the Board This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: Executive Session Commissioner Runyon moved that the Board go into Executive Session for the purpose of receiving legal advice on personnel matters regarding current open positions and for the purpose of receiving legal advice concerning liquor license matters concerning the Wolcott Yacht Club, all of which are appropriate topics for discussion, pursuant to C.R.S. 24-6-402(4)(b). Commissioner Stone seconded the motion, which passed unanimously. At the end of the discussion, Commissioner Stone moved to adjourn from Executive Session and Commissioner Runyon seconded the motion, which passed unanimously. During the ECAT/Airport work session concerning the discussion of the RFP for hangar development, Commissioner Stone moved that the Board go into Executive Session for the purpose of receiving legal advice and discussing potential negotiations, all concerning the hangar RFP, which are appropriate topics for discussion pursuant to CRS 24-6-402 (4) (b) and (e). Commissioner Runyon seconded the motion, which passed unanimously. ~t the close of the discussion, Commissioner Stone moved to adjourn from Executive Session and Commissioner ~unyon seconded the motion, which passed unanimously. Consent Agenda Chairman Menconi stated the first item before the Board was the Consent Agenda as follows: A. Approval of Bill Paying for the Weeks of May 16 and May 23,2005 (Subject to review by the County Administrator) Mike Roeper, Finance Department B. Approval of the Payroll for May 26, 2005 Mike Roeper, Finance Department ~ C. Approval of the Minutes of the Eagle Board of County Commissioners Meeting for May 3, 2005 Teak Simonton, County Clerk and Recorder D. Carpet Tile Purchase and mstallation for Sheriffs Office Remodel with Spectra Contract Flooring Jason Hasenberg, Facilities Management E. Carpet Tile Purchase and mstallation for Community Development and Engineering Departments with Spectra Contract Flooring Jason Hasenberg, Facilities Management Change Order #1 with the Architerra Group for the Berry Creek Skate Park Jason Hasenberg, Facilities Management G. Change Order #2 with American Civil Constructors for the Berry Creek Skate Park Jason Hasenberg, Facilities Management 1 5/17/05 H. mtergovernmental Agreement with Edwards Metropolitan District for Trail Pavement Overlay Costs Ellie Caryl, ECO Trails Pavement Overlay Contract for West Edwards Trail Ellie Caryl, ECO Trails J. Mid Valley Metropolitan District Crown Mountain Park Line Extension Agreement County Attorney's Office Representative K. Agreement between Colorado Department of Public Health & Environment and Eagle County- Tuberculosis Program Limited Amendment # 1 Jill Hunsaker, Health & Human Services L. Eagle River United Way - Application for Funds for Early Childhood Partners Kathleen Forinash, Health & Human Services M. Eagle River United Way - Application for Funds for Senior Wellness Activities Kathleen Forinash, Health & Human Services N. Provider Enrollment Form - Colorado Medical Assistance Program Kathleen Forinash, Health & Human Services O. Eagle County Consolidated Cost Allocation Plan and Indirect Cost Rate Mike Roeper, Finance P. Image Base Backfile Conversion Contract Teak Simonton, Clerk & Recorder Q. CM/GC Agreement for Eagle County Childcare/Community Center Building County Attorney's Office Representative Chairman Menconi asked the Attorney's Office ifthere were any changes to the Consent Agenda. Diane Mauriello, County Attorney stated that there was one revision. She requested that Item J be pulled so that additional language could be added. This item will be brought before the Board at the next meeting. Commissioner Runyon asked about the changes to the Skate Park in Items F and G. Jason Hasenberg of Facilities Management stated that this money was approved in November with the supplemental budget because of a need for additional site visits. He stated that the architects being used design and build skate parks and the concrete work involved is more exacting. Commissioner Stone moved to approve the Consent Agenda, Items A-Q, omitting Item J. Commissioner Runyon seconded the motion. The vote was declared unanimous. Commissioner Runyon moved to adjourn as the Board of County Commissioners and re-convene as the Eagle County Liquor Licensing Authority. Commissioner Stone seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Don DuBois, Clerk and Recorder's Office Consent Agenda ~enewals A. Ore House Mustang Grill 2 5/17/05 Edwards, CO This is a renewal of a Hotel and Restaurant Liquor License in Edwards. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. B. EI J ebel Liquors EI J ebel, CO This is a renewal of a Retail Liquor Store License in EI Jebel. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. C. Atlas Pizza EI Jebel, CO This is a renewal of a Hotel and Restaurant Liquor License in EI Jebel. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. Commissioner Stone moved that the Board approve the Liquor Consent Agenda, Items A-C. Commissioner Runyon seconded the motion. The vote was declared unanimous. Other Liquor A. Moe Mentum LLC dba Moe's Southwest Grill Edwards, CO REPRESENTATIVES: LOCATION: :ONCERNS / ISSUES: Mark Campisi and Thor Jensen, Owners 56 Edwards Blvd. Suite 111, Edwards None DESCRIPTION: This is a new application for a Hotel and Restaurant liquor license. This establishment is located in the Edwards Corner Shopping Center in Edwards. STAFF REPORT AND FINDINGS: ESTABLISIDNG THE NEIGHBORHOOD 1. During prior discussions the Staff determined that the neighborhood would be based on a two mile radius to the proposed location. Staff recommends the following neighborhood: A two mile radius including but not limited to the major subdivisions of Singletree, Lake Creek, Homestead, Berry Creek, Arrowhead, and Riverwalk. Commissioner Stone moved the Board establish the neighborhood to include the area within a two mile radius from the proposed location ofMoe's Southwest Grill, including, but not limited to, the major subdivisions of Singletree, Lake Creek, Homestead, Berry Creek, Arrowhead, and Riverwalk. Commissioner Runyon seconded the motion. The vote was declared unanimous. NEEDS AND DESIRES OF THE NEIGHBORHOOD 1. All members of the Board have been provided with copies of the petition submitted by the applicant in support of the issuance ofthis license. As of the date of the hearing, no protests have been filed with the Clerk. 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 12-347-301 (2) (a). 2. There are currently 21 Hotel and Restaurant licenses issued in Edwards. There are no provisions in the Colorado Liquor Code for denial based upon undue concentration, however. 3 5/17/05 3. This application is in order, all application requirements have been met, all necessary documents have been received, and all fees have been paid. 4. The applicants have been server trained, are reported to be of good moral character, and are over 21 years of age. 5. No concerns about this application have been received from the following Eagle County Departments: Sheriff, Community Development, Environmental Health, Building, Road & Bridge, and Engineering. 6. Public notice has been given by the posting of a sign in a conspicuous place on the premises and by publication in the Eagle Valley Enterprise on May 5th and May It\ 2005. 7. 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. The premises are not for the sale of fermented malt beverages at retail where, within one year preceding the date of the application, a license has been denied at the same location for the reason that the reasonable requirements of the neighborhood and the desires of the adult inhabitants were satisfied by existing outlets. The premises are not within 500 feet of any public or parochial school or the campus of any college, university, or seminary. 8. These findings have been made known, in writing, to the applicant and other interested parties, five (5) days prior to this hearing. STAFF RECOMMENDATION: All findings are positive and staff recommends approval. Thor Jensen and Mark Campisi, owners of the proposed establishment, were present for the hearing. Commissioner Stone asked about the petition and if all the signatures were valid. Mr. DuBois stated that there were some signatures that gave an Avon, Minturn, or Vail address. He thought that these might be local business owners, but asked that the applicant clarify these signatures. Mark Campisi, the applicant, spoke about the petition and the signatures they acquired. He stated that some local business owners had signed the petition, but gave their home residence on the form. Though an A vonN ail/Minturn address was given, they were allowed to sign as being a business owner within the defined neighborhood. Commissioner Runyon moved the Board find that there is a reasonable requirement and desire for the issuance of this license and that the existing licenses do not adequately satisfy these needs and desires and, therefore, approve a new Hotel and Restaurant Liquor License for Moe Mentum LLC dba Moe's Southwest Grill based on the testimony, petitions, and evidence submitted today and incorporating the staff findings. Such license is to be issued upon the written findings and decision of this Board and upon a final inspection of the premises by our Clerk and Recorder's Office to determine that the applicant has complied with the site information provided today and as may be required by the Colorado Liquor Code. Commissioner Stone seconded the motion. The vote was declared unanimous. B. Wolcott Yacht Club Grill Wolcott Yacht Club 1) Modification of Premises-Tabled from May 10t\ to be tabled to May 31,2005 2) Temporary Tavern Liquor License-Tabled from May 10t\ to be tabled to May 31, 2005 1) Transfer Ownership of Tavern Liquor License-Tabled from May 10th, to be tabled to May 31,2005 Commissioner Stone moved to table the following applications involving the W olcott Yacht Club: Modification of Premises, Temporary Tavern Liquor License Permit, and Transfer Ownership of Tavern Liquor License, at the applicant's request, until May 31, 2005. 4 5/17/05 Commissioner Runyon seconded the motion. The vote was declared unanimous. Commissioner Stone moved to adjourn as the Local Liquor Licensing Authority and re-convene as the Board of County Commissioners. Commissioner Runyon seconded the motion. The vote was declared unanimous. Planning Files ZS-00131- Casteel Creek Ranch Gatehouse Adam Palmer, Planner NOTE: Request to be Tabled Indefinitely ACTION: Construct a 1,625 sq. ft. gatehouse/accessory dwelling unit along Casteel Creek Road. The property currently has a single family residence on it and is zoned Resource. Normally accessory units as proposed would be allowed by right; however, since the property is less than 35 acres, which makes it a legal nonconforming lot in the Resource zone district, a special use permit is required. LOCATION: 0025 Casteel Creek Road Commissioner Runyon moved to table File No. ZS-OO l3l-Casteel Ranch Gatehouse, at the applicant's request, indefinitely. Commissioner Stone seconded the motion. The vote was declared unanimous. AFP-00212 Cordillera Lot 11 Block 1 Filin2 36 Adam Palmer, Planner, Community Development ACTION: A request for a building envelope amendment which, if approved, would rotate the position of the existing building envelope on the lot. The size and shape of the existing building envelope will not be changed by this application. According to the applicant, the purpose of this amended final plat is to be able to properly locate the sewer system for future site construction. LOCATION: 451 Pine Martin Way, Lot 11, Block 1, Piling 36, Cordillera Subdivision FILE NO. /PROCESS: PARCEL NUMBER: OWNER: APPLICANT: REPRESENTATIVE: AFP-00212/Amended Final Plat 210716203006 Peter F. Kyle owner owner STAFF RECOMMENDATION: Approval PROJECT DESCRIPTION SUMMARY: The applicant is proposing a reconfiguration of the building envelope on the subject property. The size and shape of the building envelope will not be changed, but it will be rotated slightly to accommodate proposed improvements. The applicant claims the adjustment is necessary to properly design the septic system in relation to the proposed residence. CHRONOLOGY: 2000: Cordillera Filing 36 platted and recorded at Reception #721641 with the Clerk and Recorder, which created subject 2.24-acre property. SITE DATA: 5 5/17/05 Surrounding Land Uses / Zoning: Adjacent: Adjacent: Adjacent: Adjacent: Adjacent: Cordillera Summit Golfmc. /PUD Parcel L Jennifer and Jeffrey A Allred/ PUD Residential Treat Johnson Ventures LLC/ PUD Residential Boland and Andrea Jones/ PUD Residential Daniel and Debra Rudin! PUD Residential Existing Zoning: Total Area: Access: Cordillera PUD Planning Parcel T Residential 2.248 Acres Pine Martin Way STAFF REPORT STAFF FINDINGS: Pursuant to Section 5-290.G.3 of the Eagle County Land Use Regulations, the Community Development Director has made the following findings: STANDARD: Adjacent Property. [Section 5-290.G.3.a.] -- Review of the Amended Final Plat to determine if the proposed amendment adversely affects adjacent property owners. The proposed reconfiguration of the units in this amended final plat is not expected to adversely affect adjacent property owners. Staff interpretation is that the proposed building envelope adjustment will not adversely affect view corridors or buffers between adjacent properties. No adjacent property owner comments were received regarding this amended final plat file. The following adjacent property owners were notified: Cordillera Summit Golf, mc.; Jennifer and Jeffrey Allred; Treat Johnson Ventures LLC; Boland and Andrea Jones; and Daniel and Debra Rudin. [+] FINDING: Adjacent Property. [Section 5-290.G.3a.] The Amended Final Plat DOES NOT adversely affect ad'acent owners. STANDARD: Final Plat Consistency [Section 5-290.G.3.b.] - Review of the Amended Final Plat to determine that the proposed amendment is not inconsistent with the intent of the Final Plat. [+] FINDING: Final Plat Consistency [Section 5-290.G.3.b.] The proposed amendment IS consistent with the intent of the Final Plat. STANDARD: Conformance with Final Plat Requirements [Section 5-290.G.3.c.] - Review of the Amended Final Plat to determine if the proposed amendment conforms to the Final Plat requirements and other applicable regulations, policies and guidelines, [+] FINDING: Conformance with Final Plat Requirements [Section 5-90.G.3.c.] The proposed amendment DOES conform to the Final Plat requirements and other applicable regulations, policies and guidelines. STANDARD: Improvements Agreement [Section 5-290.G.3.d.] -Adequacy of the proposed improvements agreements and/or off-site road improvements agreement when applicable. [n/a] FINDING: Improvements Agreement [Section 5-290.G.3.d.] Adequate improvements agreements are NOT APPLICABLE with this file. STANDARD: Restrictive Plat Note Alteration [Section 5-290.G.3 .e.] - If the amendment is an alteration of a restrictive plat note at least one of the following criteria must be met: 6 5/17/05 (1) That area for which the amendment is requested has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area; or (2) That the proposed amendment is necessary in order to provide land for a demonstrated community need. [n/a] FINDING: Restrictive Plat Note Alteration [Section 5-290.G.3.e.] This amendment IS NOT an alteration of a restrictive plat note. This finding is not applicable. Adam Palmer of Community Development presented this file to the Board. He summarized the request, stating it was a reconfiguration of the building envelope that would not change the size or shape of the envelope. He gave a chronology of the file using a PowerPoint presentation, and he showed many photographs and maps of the property. Staff findings are positive and staff recommends approval. Peter Kyle, the applicant, was present to answer any of the Board's questions. Mr. Palmer stated that the applicant had properly posted his property according to statute. Chairman Menconi opened public comment. There was none. Chairman Menconi closed public comment. Commissioner Runyon asked if the movement would change any possible ridgeline exposures. Mr. Palmer stated that there would be no significant impact. Commissioner Stone moved the Board approve File No. AFP-002l2, incorporating the Staff findings, and authorized the Chairman to sign the plat. Commissioner Runyon seconded the motion. The vote was declared unanimous. 5MB-00362 - Red Sky Ranch Bob Narracci, Planner, Community Development ACTION: This plat is a Minor B Subdivision to re-subdivide Tract AA into three (3) lots - Lot 26, Tract X (roadway) and a new Tract AA (future development) LOCATION: Red Sky Ranch - north and west of the intersection of Bellyache Ridge Road and Red Sky Road FILE NO./PROCESS: LOCATION: OWNER! APPLICANT: REPRESENTATIVE: 5MB-00362 / Minor Type B Subdivision Northwest Corner of Bellyache Ridge Road and Red Sky Road The Vail Corporation The Vail Corporation I Gerry Amold STAFF RECOMMENDATION: Approval PROJECT DESCRIPTION: Consistent with the approved Red Sky Ranch PUD Preliminary Plan, this plat is a Minor Type 'B' Subdivision to re-subdivide Tract AA into three (3) lots: · Lot 26 (residential building site); · Tract X (roadway), and; · A new Tract AA (for future development). SITE DATA: Surrounding Land Uses / Zoning: East: West: North: South: Existing Zoning: Total Area: Bellyache Ridge Road, Residential & Golf Course / Red Sky Ranch PUD Golf Course & Club House / Red Sky Ranch PUD Golf Course & Golf Maintenance Facility / Red Sky Ranch PUD Golf Course / Red Sky Ranch PUD PUD 26.796 acres 7 5/17/05 STAFF FINDINGS: Pursuant to Section 5-290.G.2 of the Eagle County Land Use Regulations the Community Development Director has determined the following in the review of this Type B Minor Subdivision: a. Access, Water and Sewage. The access, potable water, and sewage disposal on the land to be subdivided IS as determined with the PUD Preliminary Plan; b. Conformance with Final Plat Requirements. The subdivision IS in conformance with the Final Plat requirements, the PUD Preliminary Plan and other applicable regulations, policies, standards, and guidelines, and; c. Improvements Agreements. A Subdivision Improvements Agreement is NOT applicable to this application. STAFF RECOMMENDATION: Approval Bob Narracci of Community Development presented this file to the Board. This file was put on the regular agenda because it involves the subdivision of land. He summarized the proposal using a PowerPoint presentation, showing photographs and maps to the Board. Tract AA would be subdivided into three lots: Lot 26, a residential building site; a new Tract AA; and Tract X, a roadway. Lot 26 would have a home built on the property, once this file is approved. There are no outstanding issues and Staff recommends approval. The applicant was scheduled to arrive, but was not currently present. Chairman Menconi opened public comment. There was none. Chairman Menconi closed public comment. Commissioner Runyon asked about Tract AA and the number of homes that were approved. Mr. Narracci stated that 27 homes could be built upon it. Commissioner Runyon asked if the home built on Lot 26 would take up one of those 27 homes. Mr. Narracci concurred with that statement. Commissioner Runyon moved the Board approve File No. 5MB-00362 and authorized the Chairman to sign the plat. Commissioner Stone seconded the motion. The vote was declared unanimous. There being no further business to be brought before the Bo , the meeting was adj ourned until May 31, 2005. Attest: 8 5/17/05