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HomeMy WebLinkAboutMinutes 05/23/06 PUBLIC HEARING May 23, 2006 resent: Peter Runyon Tom Stone Bruce Baumgartner Bryan Treu Walter Mathews Kathy Scriver Chairman Commissioner County Administrator County Attorney Deputy County Attorney Deputy Clerk to the Board Absent: Am Menconi Commissioner This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: Executive Session Commissioner Stone moved the Board of County Commissioners go into Executive Session for the purpose of receiving legal advice on pending matters related to State Bride Liquor License, the Miller Ranch closeout and Big 0 tire land use applications which are appropriate topics for discussion pursuant to C.R. S. 24-6-402 (4)(b), Colorado Revised Statutes. Commissioner Runyon seconded the motion, which passed unanimously. At the close of the discussion, Commissioner Stone moved to adjourn from Executive Session which was seconded by Commissioner Runyon and unanimously approved. Consent Agenda Chairman Runyon stated the first item before the Board was the Consent Agenda as follows: A. Approval of bill paying for the week of May 22,2006 (subject to review by the finance director) Mike Roeper, Finance Department B. Approval of payroll for May 25,2006 (subject to review by the finance director) Mike Roeper, Finance Department C. Agreement between Eagle County and Aspen Center for Women's Health for health care services Kathleen Forinash, Health & Human Services D. Agreement between Eagle County and Kids First for child care information and referral services Kathleen Forinash, Health & Human Services E. Limited Amendment No.2 between Eagle County and the Colorado Department of Public Health & Environment for the Public Health Nursing Services Program Kathleen Forinash, Health & Human Services F. Application for 2006 Early Head Start one time funding Kathleen Forinash, Health & Human Services G. Approve agreement for consulting services with Carter & Burgess for terminal sense of place and layout improvement research and creation of map for inclusion in the Town of Gypsum 1041 permitting process Airport Representative [. Intergovernmental Agreement between Eagle County and Routt County for road maintenance Road & Bridge Representative 1 5/23/06 I. Intergovernmental Agreement between the County of Eagle, State of Colorado and Edwards Metropolitan District and Berry Creek Metropolitan District and Arrowhead Metropolitan District and Cordillera Metropolitan District and Lake Creek Metropolitan District for the final engineering designs of the Edwards Spur Road Engineering Department Representative J. First Amendment to the agreement with Reilly Johnson Architects expanding the scope of phase 1 planning services and adding phase 2 and phase 3 master planning services for the Eagle County Justice Center County Attorney's Office Representative K. AFP-00229, Cordillera Subdivision- Filing 11, Lot 2. An amended final plat to re-orient and reconfigure the building envelope on Lot 2. Bob Narracci, Community Development L. 5MB-00389, Berry Creek Ranch- Filing 2, Lot 3, Block 6. The purpose of this Plat is to subdivide Lot 3, Berry Creek Ranch Filing 2, Block 6 to create two (2) 12 duplex lots to be known as 3A and 3B Bob Narracci, Community Development M. 5MB-00388, Berry Creek Ranch- Filing 2, Lot 49, Block 6; "Stonehaven Duplex". The purpose of this Plat is to subdivide Lot 49, Berry Creek Ranch Filing 2, Block 6 to create two (2) 12 duplex lots to be known as A-I West and A-2 East. Jena Skinner-Markowitz, Community Development Chairman Runyon asked the Attorney's Office if there were any changes to the Consent Agenda. He asked that Item I be removed for separate consideration. Bryan Treu, County Attorney stated that he had no changes of revisions. Commissioner Stone moved to approve the Consent Agenda, Items A-M, excepting item I. Commissioner Runyon seconded the motion. Of the two voting Commissioners the vote was declared unammous. I. Intergovernmental Agreement between the County of Eagle, State of Colorado and Edwards Metropolitan District and Berry Creek Metropolitan District and Arrowhead Metropolitan District and Cordillera Metropolitan District and Lake Creek Metropolitan District for the final engineering designs of the Edwards Spur Road Engineering Department Representative, Helen Migchelbrink Ms. Migchelbrink stated that there would be a joint press release at a later date. She stated that within 12- 18 months a design will have been chosen and they will be ready to proceed. Commissioner Runyon congratulated Ms. Migchelbrink on her work and ability getting the metro districts together in agreement. Commissioner Stone concurred. He hopes the funding and construction comeS to fruition. He received a letter from the School District suggesting that they may do a bond issue this fall and look at building several new schools at Miller Ranch. This will greatly increase the traffic. Commissioner Stone moved to approve The Intergovernmental Agreement between the County of Eagle, State of Colorado and Edwards Metropolitan District and Berry Creek Metropolitan District and Arrowhead Metropolitan District and Cordillera Metropolitan District and Lake Creek Metropolitan District for the final engineering designs of the Edwards Spur Road Commissioner Runyon seconded the motion. Of the two voting commissioners the vote was declared unammous. 2 5/23/06 Citizen Input There was none Commissioner Stone moved to adjourn as the Board of County Commissioners and re-convene as the Eagle ~ounty Liquor Licensing Authority. Commissioner Runyon seconded the motion. Of the two voting Commissioners the vote was declared unammous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Other Liquor STAFF REPRESENTATIVE: CONCERNS 1 ISSUES: Conway's State Bridge Lodge, Inc. State Bridge Lodge Gregory Conway, Owner 127 Trough Road Bond, Colorado Kathy Scriver None APPLICANT: DBA: REPRESENTATIVE: LOCATION: DESCRIPTION: This is a request for renewal ofa Hotel and Restaurant Liquor License for Conway's State Bridge Lodge, Inc. d/bla State Bridge Lodge for the years 2006 and 2007. STAFF REPORT AND FINDINGS: 1. This application is in order and all fees have been paid. 2. No new license will be issued. 3. No new privileges will be granted. 4. Processing the renewals will simply allow the new owner to process a Transfer of Ownership. STAFF RECOMMENDATION: Staff recommends approval. DISCUSSION: Bryan Treu explained that the lodge had been sold and the renewals were necessary to transfer the ownership of the liquor license to the new owners. In conjunction with State a scenario had been worked out to allow the renewals to be processed and allow for a transfer to the new owner. Scott Stoughton, Director of Operations spoke to the Board. Commissioner Stone asked Mr. Stoughton about his awareness of past problems with the establishment. In his opinion the issue is related to the location. Mr. Stoughton informed the Board that he has been in the hospitality industry for 25 years, and in this area for 13 years. Most recently he ran a bar called Simano Lounge which he made profitable in less than 2 years. He has seen State Bridge and seen it's potential. He assembled a team of individuals to run the State Bridge lodge. The neW owner, Mitch Garfinkel doesn't want any problems. They will be targeting the river resort crowd. He has experience running special events. He understands the hazards and problems. It is his intention to run the operation right. He understands the law in Colorado. He knows it's illegal to over serve and the people he has already hired are TIPS trained. There will be strict guidelines as to how they will operate. He believes that they have a solid plan. Commissioner Stone asked Mr. Stoughton how much time he would spend at the lodge. Mr. Stoughton stated that he will be there five days each week. He has moved into the on site apartment. Commissioner Stone asked what the main issues have been with this location. Mr. Stoughton stated that the main issue is changing the concept ofthe location - it's not a free for all. There needs to be better lighting. They have already increased the parking. He believes the shows should end 3 5/23/06 earlier. He intends to have extra security and additional training of staff as well as making the location safer. His door people will be prepared to deal with people who have had too much to drink. Commissioner Stone asked if there was a copy of the agreement with the previous owner. Mr. Treu indicated that we do have a copy, but not at the meeting. Commissioner Stone asked that the new owners sign on to the existing term and conditions, which include some operational details. He asked staff to provide this document. Sheriff Joe Hoy spoke to the Board. He stated that he would like to sit down with the new owners and find out what the plan is for cleaning up the place and the safety issues. He will support the new concept. Mr. Treu indicated that a joint meeting could be held between the staff, owners and the Sheriff. Commissioner Runyon stated that he is impressed with Mr. Stoughton's statements related to cleaning up the operation. Commissioner Stone moved the local licensing authority approve the Hotel and Restaurant Liquor License renewals for the years 2006 and 2007 for Conway's State Bridge Lodge, Inc. d/bla State Bridge Lodge. Commissioner Runyon seconded the motion. Of the two voting Commissioners the vote was declared unammous. STAFF REPRESENTATIVE: CONCERNS 1 ISSUES: State Bridge Lodge, Inc. State Bridge Lodge Scott Stoughton, Director of Operations 127 Trough Road Bond, Colorado Kathy Scriver None APPLICANT: DBA: REPRESENTATIVE: LOCATION: DESCRIPTION: This is a request for a Temporary Hotel and Restaurant License for State Bridge Lodge, Inc. d/bla State Bridge Lodge. State Bridge Lodge, Inc. has applied for a Transfer of Ownership of the Hotel and Restaurant Liquor License from Conway's State Bridge, Inc. The applicant has submitted all of the required documents and associated fees for the transfer. The applicant completed the purchase of the lodge on May 1 st, 2006 and is requesting a temporary license to operate until the transfer of ownership process can be completed. STAFF REPORT AND FINDINGS: I. The premises where the alcoholic beverages will be sold has been previously licensed by the state and local licensing authorities. 2. The applicant has applied on forms provided by the Department of Revenue and includes the name and address of the applicant, the names and addresses of the president, vice-president, secretary and managing officer, the applicant's financial interest in the proposed transfer, and the premises for which the temporary permit is sought. 3. An affidavit of transfer and statement of account for all alcohol beverages sold has been filed and signed by both parties. 4. The application for the temporary permit has been filed no later than thirty (30) days after the filing of the application for the transfer of ownership and the appropriate fee has been paid. STAFF RECOMMENDATION: All findings are positive and staff recommends approval. Commissioner Stone moved the local licensing authority approve the issuance of a Temporary Hotel and Restaurant Liquor License to State Bridge Lodge, Inc. d/bla State Bridge Lodge, which will be valid until such tim as the application to transfer ownership of the license is granted or denied or for one hundred twenty (120) days, whichever occurs first; except that, if the application to transfer the license has not been granted or denied within 4 5/23/06 the one hundred twenty day period and the transferee demonstrates good cause, the local licensing authority may extend the validity of said permit for an additional period not to exceed sixty (60) days. The collaborative meeting must be held before the end of the week. Commissioner Runyon seconded the motion. Of the two voting Commissioners the vote was declared nanimous. APPLICANT: DBA: REPRESENTATIVE: LOCATION: STAFF REPRESENTATIVE: Our Dish, Inc. Dish Pollyanna Forster and Jenna Johansen, owners 56 Edwards Village Blvd. #230 in Edwards Kathy Scriver DESCRIPTION: This application is for a new Hotel and Restaurant liquor license. This establishment will be located in the Corner @ Edwards building in Edwards. The first order of business is to establish the neighborhood. The Board has been provided with a petition submitted by the applicant. STAFF FINDINGS ESTABLISIDNG THE NEIGHBORHOOD: Staff recommends the following: A two mile radius including but not limited to the Homestead subdivision, South 40 Subdivision, Edwards Village Center, Riverfront Subdivision and Old Edwards Estates. MOTION #1: Commissioner Stone moved that the Board establish the neighborhood to include the area within a two mile radius from the proposed location but not limited to the Homestead subdivision, South 40 Subdivision, Edwards Village Center, Riverfront Subdivision and Old Edwards Estates. Commissioner Runyon seconded the motion. Of the two voting Commissioners the vote was declared Lnammous. NEEDS AND DESIRES OF THE NEIGHBORHOOD: 1. All members of the Board have been provided with copies of the petition submitted by the applicant. 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 13 Hotel and Restaurant liquor licenses issued in the vicinity of the proposed location. However, there are no provisions in the Colorado Liquor Code for denial based upon undue concentration. 3. Both Ms. Forster and Ms. Johansen are Tips certified and are reported to be of good moral character, and both are over 21 years of age. 4. Public notice has been given by the posting of a sign in a conspicuous place on the premises May 11,2006, and by publication in the Eagle Valley Enterprise on May 11 th, and May 18th, 2006. 5. The premises are not within 500 feet of any public or parochial school or the campus of any college, university, or seminary. 6. These findings have been made known, in writing, to the applicant and other interested parties, five (5) days prior to this hearing. No concerns about this application have been received from the following Eagle County Departments: Sheriff, Community Development, Environmental Health, Building, Road & Bridge, and Engineering. 5 5/23/06 8. All documentation is in order and all fees have been paid. CONCERNS 1 ISSUES: Staff has no concerns with this application. STAFF RECOMMENDATION: All findings are positive and staff recommends approval. Commissioner Stone asked how many signatures had been received. Jenna Johansen, Executive Chef and Pollyanna Forester were present. They indicated that they circulated the petitions were circulated amongst local businesses within the neighborhood, and some residents in the area and received 112 signatures. The signatures were obtained from within a five mile radius. There were two or three people who lived in Avon, but wanted to show support nonetheless. Commissioner Stone indicated that this was acceptable. Commissioner Stone asked for public comment. There was none. Commissioner Runyon asked for a specific location. Ms. Forrester indicated that "Dish" will be located above Eat! 1 Drink!. Ms. Johansen stated that the only association is the reputation of the two establishments. Commissioner Stone asked the applicants to provide background on their experience. Ms. Forrester stated that she has 18 years of restaurant experience and is a TIPS trainer. She opened and managed Zinos restaurant, was a sales representative for a wine vendor and then in 2004 opened Eat! Inc. She plans to utilize all the successful practices used in "Eat!" in her new establishment. Ms. Johansen stated that she has 16 years of restaurant experience in the back of the house. She is also TIPS trained. MOTION #2: Commissioner Stone moved that the Board find that there is a reasonable requirement and desire for the issuance of this license, therefore approve a new Hotel and Restaurant liquor license for Our Dish, Inc. dlb/a Dish 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 to determine that the applicant has complied with the site information provided today and as may be required by the Colorado Liquor Code. Commissioner Runyon seconded the motion. Of the two voting Commissioners the vote was declared unammous. Commissioner Stone moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Board of County Commissioners. Commissioner Runyon seconded the motion. Of the two voting Commissioners the vote was declared unammous. Public Hearing of proposed issuance of airport terminal project revenue refunding and improvement bonds County Attorney's Office Representative Jack Gardner spoke to the Board. He indicated that a public hearing is required according to the law to approve of these bonds. Bruce Baumgartner indicated that the hearing is for two new projects at the airport. The first project is the de-icing facility which consists of a new concrete pad to be built at the western end of the runway for general aviation aircraft. The fluid and de-icing water would be conducted via a pipeline to a commercial parking area on the western side of the terminal, and a drainage collection system would be built. These fluids would be joined with other fluids and stored for metering and discharge into the Town of Gypsum sewage lines or to an on-site treatment facility prior to discharge. The preferred alternative has not been chosen. The estimate for this project is 6 5/23/06 around $2,000,000. The second project is the construction of a new entrance road to service the terminal. It would be aligned to oppose Spring Creek Road. This would provide a safer intersection for the airport. The acquisition of property is also included in the cost estimate which is around $1,000,000 which includes property acquisition. Mr. Gardner indicated that included in the bond amount is some re-financing of existing bonds. The Iroposed issue is up to $10,000,000 to finance the two projects and the re-financing of the 1996 bonds. Commissioner Stone asked what the new funds would be. Mr. Gardner answered that the $10,000,000 includes some cushion. Expected costs are around $8,000,000 in addition to some cushion. Notice of the hearing was published in the Eagle Valley Enterprise on May 4 and May 11,2006. Chairman Runyon opened public comment. There was none. He closed public comment. Mr. Gardner spoke about the resolution approving the issuance of bonds up to $10,000,000 and related documents with respect to the new projects. Commissioner Stone asked about the parking lot. Mr. Gardner indicated that this lot was ground leased to ECA T and subleased back to the county in 2001. These are year to year appropriations for which the county has not had to pay any rental. Commissioner Stone asked whether this would produce more parking and as such a new additional lease that would take place. Mr. Baumgartner indicated that this is not anticipated at this time. Although the county is promising to pay rent sufficient enough to pay the debt, the private facilities charges will also generate funds to pay for the debt service of the bonds. Should these revenues fall below current levels, the county would be liable for the debt payments. Mr. Gardner stated that the resolution provides that the bonds will not be deemed to be obligation of the county. Resolution 2006-054 Approving the issuance by Eagle County Air Terminal Corporation )f up to $10,000,000.00 aggregate principal amount of airport terminal proj ect revenue refunding and improvement bonds, series 2006 to refund the series 1996 bonds, finance certain improvements and to acquire land related to the airport facilities; authorizing the execution and delivery of a second supplemental project agreement, a 2006 project agreement, a de-icing facility ground lease, a de-icing facility sublease, a road improvements lease, a 2006 construction agreement and other related project documents; assigning certain rights and interests of the county in connection with the project; ratifying action previously taken; authorizing incidental action; and repealing inconsistent actions County Attorney's Office Representative Commissioner Stone moved to approve Resolution 2006-054Approving the issuance by Eagle County Air Terminal Corporation of up to $10,000,000.00 aggregate principal amount of airport terminal project revenue refunding and improvement bonds, series 2006 to refund the series 1996 bonds, finance certain improvements and to acquire land related to the airport facilities; authorizing the execution and delivery of a second supplemental project agreement, a 2006 project agreement, a de-icing facility ground lease, a de-icing facility sublease, a road improvements lease, a 2006 construction agreement and other related project documents; assigning certain rights and interests of the county in connection with the project; ratifying action previously taken; authorizing incidental action; and repealing inconsistent actions Commissioner Runyon seconded the motion. Of the two voting Commissioners the vote was declared unammous. .Eagle County Air Terminal Corporation Meeting 7 5/23/06 Commissioner Stone moved to adjourn as the Board of County Commissioners and re-convene as the Board of Eagle County Air Terminal Corporation for the purpose of conducting ECA T business. Commissioner Runyon seconded the motion. Of the two voting Commissioners the vote was declared unammous. Commissioner Stone moved to adjourn as the Eagle county Air Terminal Corporation and re-convene as the Board of County Commissioners. Commissioner Runyon seconded the motion. Of the two voting commissioners the vote was declared unammous. Planning Files AFP-00231 Cordillera Filine 17. Block 2. Lot 18 Bob Narracci, Community Development ACTION: Vacate the common lot line between Lots 17 and 18, Cordillera Subdivision, Filing 17, and Block 2, creating a single new Lot 18. LOCATION: 520 Black Bear Trail STAFF RECOMMENDATION: Approval TITLE: FILE NO./PROCESS: OWNERS: APPLICANT: REPRESENTATIVE: Amended Final Plat Cordillera, Filing No. 17, Block 2, Lot 18 AFP-00231; Amended Final Plat John S. Rainey Owner Johnson, Kunkel & Associates PROJECT DESCRIPTION SUMMARY: The intent of this plat is to vacate the common lot line between Lots 17 and 18, Cordillera Subdivision, Filing 17, Block 2; thereby creating a single new Lot 18. One single family residence already exists on Lot 17. SITE DATA: Surrounding Land Uses 1 Zoning: East: Single-Family 1 PUD West: Common Area 1 PUD North: Single-Family 1 PUD South: Single-Family 1 PUD Existing Zoning: PUD Total Water: Sewer: Access: Public Public Via Black Bear Trail STAFF FINDINGS: Pursuant to Section 5-290.G.3. Standards for Amended Final Plat: a. Adjacent property. Review of the Amended Final Plat has determined that the proposed amendment DOES NOT have an adverse effect on adjacent property owners. b. Final Plat Consistency. Review of the Amended Final Plat has determined that the proposed amendment IS consistent with the intent of the Final Plat. 8 5/23/06 c. Conformance with Final Plat Requirements. Review of the Amended Final Plat has determined that the proposed amendment DOES conform to the Final Plat requirements and other applicable regulations, policies and guidelines. d. Improvement Agreement. DOES NOT apply. e. Restrictive Plat Note Alteration. DOES NOT apply. DISCUSSION: Mr. Narracci presented the file with the USe of a PowerPoint presentation. His presentation included a vicinity map of Cordillera and aerial view of lot 17 and 18. He summarized the applicant's request. He stated that there were no comments from neighbors and is satisfied the amended plat criteria therefore staff was recommending approval. Chairman Runyon opened and closed public comment, as there was none. Commissioner Stone moved that the Board of County Commissioners approve File Number AFP-00231 Cordillera Filing 37, Block 2, Lot 18 incorporating the Staff findings and authorize the Chairman to sign the plat. Commissioner Runyon seconded the motion. Of the two voting Commissioners, the vote was declared unammous. AFP-00232 Cordillera FiliuS! 37. Phase 2. Lots 18 & 19 Bob Narracci, Community Development ACTION: The purpose of this amended final plat is to amend a portion of the lot line between the two lots. The lot line is being moved to allow for better driveway accesS to Lot 18. LOCATION: 0351 Gore Trail and 0029 Cantle Place STAFF RECOMMENDATION: Approval TITLE: OWNERS: APPLICANT: REPRESENTATIVE: Amended Final Plat Cordillera, FIg No. 37, Phase 2, Lots 18 & 19 Vail Capital Partners III, LLC Owner Marcin Engineering, Stephen R. Wujek, PLS PROJECT DESCRIPTION SUMMARY: The intent of this plat is to realign a portion of the lot line common to Lots 18 & 19, Cordillera Subdivision, Filing No. 37, Phase 2. The change in the lot line is intended to allow better driveway access to Lot 18, while still leaving room for good driveway accesS to Lot 19. With the new lot line configuration, the driveways for both lots will gain driveway access via Cantle Place; whereas currently, Lot 18 is intended to take accesS via Gore Trail. The Cantle Place driveway orientation offers a more moderate gradient and can be constructed without the need of walls and retaining structures. By eliminating the retaining structures, costs for the driveway will be reduced as well as the overall site impacts. As proposed, Lot 18 will have much improved safer driveway access. SITE DATA: Surrounding Land Uses 1 Zoning: East: Single-Family 1 PUD vest: Single-Family 1 PUD North: Single-Family 1 PUD South: Single-Family 1 PUD Existing Zoning: PUD 9 5/23/06 Total Area: Water: Sewer: Access: 1.831 Acres Public Public Via Cantle Place STAFF FINDINGS: Pursuant to Section 5-290.G.3. Standards for Amended Final Plat: a. Adjacent property. Review of the Amended Final Plat has determined that the proposed amendment DOES NOT have an adverse effect on adjacent property owners. b. Final Plat Consistency. Review of the Amended Final Plat has determined that the proposed amendment IS consistent with the intent ofthe Final Plat. c. Conformance with Final Plat Requirements. Review of the Amended Final Plat has determined that the proposed amendment DOES conform to the Final Plat requirements and other applicable regulations, policies and guidelines. d. Improvement Agreement. DOES NOT apply. e. Restrictive Plat Note Alteration. DOES NOT apply. DISCUSSION: Mr. Narracci presented the file with the USe of a PowerPoint presentation. He summarized the applicants request to realign a portion of the common lot line to provide for better driveway access. An aerial view photo was shown oflot 18 and 19 that illustrated the applicant's request. Chairman Runyon opened public comment. There was none. Public comment was closed. Commissioner Stone moved that the Board of County Commissioners approve File Number AFP-00232 Cordillera Filing 37, Phase 2, Lots 18 & 19 incorporating the Staff findings and authorize the Chairman to sign the plat. Commissioner Runyon seconded the motion. Of the two voting Commissioners, the vote was declared unammous. AFP-00234 Cordillera FilinS! 17. Lot 7. Block 1 Jena Skinner-Markowitz, Community Development ACTION: The purpose of this plat is to amend the existing building envelope in order to accommodate a small building modification. In addition, t his plat will also correct a previous surveying error. LOCATION: 0165 Peregrine Drive, Edwards FILE NO./PROCESS: OWNERS: APPLICANT: REPRESENTATIVE: AFP-00234; Amended Final Plat Michael and Karen Mayell Owners Brent Aim STAFF RECOMMENDATION: Approval PROJECT DESCRIPTION SUMMARY: 10 5/23/06 The intent of this plat is to modify the existing building envelope on Lot 7. In order to accomplish this goal, the existing envelope shall be vacated, in order to create the new envelope. According to the applicant, in order to add a closet to the existing residence, it was necessary to first modify the existing building envelope; the Cordillera DRB supports this modification. In addition to the building envelope modification, this plat will also correct a previous surveying error. SITE DATA: Surrounding Land Uses / Zoning: East: Residential 1 Cordillera Subdivision PUD West: Residential 1 Cordillera Subdivision PUD North: Unplatted 1 Cordillera Subdivision PUD South: ROW: Peregrine Drive 1 Cordillera Subdivision PUD Existing Zoning: Cordillera Subdivision PUD Total Area: 0.900 acres Water Public Sewer: Public Access: Peregrine Drive STAFF FINDINGS: Pursuant to Section 5-290.G.3. Standards for Amended Final Plat: a. Adjacent property. Review of the Amended Final Plat has determined that the proposed amendment DOES NOT have an adverse effect on adjacent property owners. All adjacent property owners were notified for this file. No responses were received from the following adjacent property owners, as supplied by the applicant: James and Jennifer Douras; William and Marsha Rickett; William Nelson; Squaw Creek Metro District; Charles and Jennifer Hays; William and Susan Keiley. b. Final Plat Consistency. Review of the Amended Final Plat has determined that the proposed amendment IS NOT inconsistent with the intent ofthe Final Plat. Originally platted in 1994, the intent of the original plat was to create Cordillera Filing 17, consisting of 34 residential lots, open space, etc. The residential intent of this plat has not changed; the building envelope on Lot 7 shall remain in the same location as originally platted. c. Conformance with Final Plat Requirements. Review of the Amended Final Plat has determined that the proposed amendment DOES conform to the Final Plat requirements and other applicable regulations, policies and guidelines. d. Improvement Agreement. DOES NOT apply. e. Restrictive Plat Note Alteration. DOES NOT apply. This plat is not undertaking the administrative process as permitted via the Cordillera PUD guide. As such, all the Amended Final Plat findings as found within the Eagle County Land Use Regulations are solely applicable. DISCUSSION: Ms. Skinner-Markowitz presented the file with the use of a PowerPoint presentation. The presentation included aerial photos of the site. She stated that the intent was to vacate the existing building envelope on lot 7 in order for the applicant to create a new building envelope. The purpose of the modification is to accommodate a minor architectural modification to the existing structure. The new envelope will remain the same size as the old ne. She indicated that all staff findings were positive and staff recommended approval. Chairman Runyon opened and closed public comment, as there was none. 11 5/23/06 Commissioner Stone moved that the Board of County Commissioners approve File Number AFP-00234 Cordillera Filing 17, Lot 7, Block 1 incorporating the Staff findings and authorize the Chairman to sign the plat. Commissioner Runyon seconded the motion. Of the two voting Commissioners, the vote was declared unammous. Attes There being no further business befo o~ v,'-i : 12 5/23/06