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HomeMy WebLinkAboutMinutes 09/27/11 PUBLIC HEARING September 27, 2011 Present: Jon Stavney Chairman Peter Runyon Commissioner Sara Fisher Commissioner Keith Montag County Manager Bryan Treu County Attorney Kathy Scriver Deputy Clerk to the Board This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: Consent Agenda Chairman Stavney stated the first item before the Board was the Consent Agenda as follows: A. Approval of Bill Paying for the Week of September 26, 2011 (subject to review by the Finance Director) Finance Department Representative B. Approval of Payroll for October 6, 2011(subject to review by the Finance Director) Finance Department Representative C. Approval of the Minutes of the Eagle County Commissioner Meetings for July 26 and August 2, 2011 Teak Simonton, Clerk and Recorder D. License Agreement Amendment between Eagle County and Buchholz Family Partnership for Radio Site Lease Barry Smith, Emergency Management E. Application for Federal Assistance for the Early Head Start 2012 Continuation Grant Sherri Almond, Health & Human Services F. Resolution 2011 -119 Conferring Power of Attorney upon Bryan R. Treu, County Attorney, Robert L. Morris, Deputy County Attorney, Christina C. Hooper, Assistant County Attorney and Diane H. Mauriello, Assistant County Attorney, to Act as Attorney In Fact for the County of Eagle, State of Colorado, with Respect to US Bank Letter of Credit No. SLCPPDX04336 in the amount of $127,641.58 for the Account of Kummer Development Corporation — Salt Creek Equestrian Center County Attorney's Office Representative Chairman Stavney asked about items A and B, the items related to bill paying and payroll. The board did not have the items in packets. Mr. Montag stated that the items were reviewed by him and sent back to finance for further processing. Chairman Stavney requested that the information be available every so often for the board's review. He also asked about item F. Mr. Treu stated that this was mainly collateral. The board would be advised on any issues. Commissioner Fisher moved to approve the Consent Agenda, Items A -F. Commissioner Runyon seconded the motion. The vote was declared unanimous. 1 09/27/2011 Citizen Input Chairman Stavney opened and closed citizen Input, as there was none. Commissioner Runyon moved to adjourn as the Board of County Commissioners and re- convene as the Eagle County Liquor Licensing Authority. Commissioner Fisher seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Renewals A. The Gashouse, Inc. d/b /a Gashouse Restaurant #04- 66775 -0000 This is a renewal of a Hotel and Restaurant License in Edwards. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. B. Ritz- Carlton Hotel Company, LLC d/b /a Ritz Carlton, Bachelor Gulch #41 -17214 -0000 This is a renewal of a Hotel and Restaurant License in Bachelor Gulch. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. Commissioner Fisher moved that the Board approve the Liquor Consent Agenda for September 27, 2011 consisting of Items A -B. Commissioner Runyon seconded the motion. The vote was declared unanimous. APPLICANT: Vail Food Services, Inc. DBA: The 10 REPRESENTATIVE: Vail Corporation, Owner LOCATION: Vail Mountain — NE 1 /4, Sec. 20, Township 5 South, R 80 W 6 P.M., Vail, CO 81657 REQUEST: New — Hotel and Restaurant Liquor License STAFF REPRESENTATIVE: Kathy Scriver DESCRIPTION: The applicant, Vail Food Services, Inc. submitted an application for a new Hotel and Restaurant Liquor License on August 15, 2011. The owner has thirty years of experience in this business. Other restaurants on Vail Mountain include Eagle's Nest, Game Creek Club, Mid Vail, Two Elk, and Wildwood Shelter. The 10 is located near Mid Vail restaurant and will be open seasonally. The restaurant will be open 7 days a week from 9:00 am - 4:00 pm daily, primarily for light breakfast, lunch, and apres in the winter. Summer use will depend on pre - scheduled functions. The restaurant will offer soups, salads, pizzas, lunch main plates, and desserts. ESTABLISH NEIGHBORHOOD: The first order of business is to establish the neighborhood. 2 09/27/2011 Staff recommends that the definition of the "neighborhood" include the area within a five -mile radius from the proposed location. Commissioner Fisher moved that the Local Liquor Licensing Authority establish the neighborhood to include the area within a five -mile radius from the proposed location. Commissioner Stavney seconded on the motion. The vote was declared unanimous. NEEDS AND DESIRES OF THE NEIGHBORHOOD 1. All members of the Local Licensing Authority have been provided with copies of the petition submitted by the applicant included is a summary provided by the Clerk's Office. 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. Petition circulation was conducted by Oedipus, Inc. The results were as follows: • 230 Signatures Favoring Issuance Businesses: 80; Residences: 150 • 6 Signatures Opposing Issuance Businesses; Residences: 5 LIQUOR AUTHORITY CONSIDERATIONS: 1. Whether the licensee shall possess and maintain possession of the premises for which the license is issued by ownership, lease, rental, or other arrangement for possession of such premises. 2. Whether the premises are within 500 feet of any public or parochial school or the campus of any college, university, or seminary. 3. Whether the fees have been paid. 4. Whether the applicants are of good moral character. STAFF FINDINGS: 1. The applicant has filed an application on forms provided by the state licensing authority and provided information as required by the state licensing authority. All applicable requirements have been met, all the proper forms have been provided, and all fees paid. 2. The applicants are 21 years of age and reported to be of good moral character. 3. Public notice has been given by the posting of a sign in a conspicuous place on the premises September 16, 2011 and publication in the Eagle Valley Enterprise on September 15 and 22n 2011. 4. 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. 3 09/27/2011 5. The premises are not within 500 feet of any public or parochial school or the campus of any college, university, or seminary. 6. The applicant has submitted proof of possession of premises. 7. The Planning, Environmental Health, and Engineering Departments expressed no concerns or issues with the application at this time. 8. Staff received no comments concerning this application from the Sherriff, Building, Treasurer, or Road and Bridge Departments. 8. The applicant has provided an alcohol management plan per the requirements of the Local Licensing Authority. The applicant will insure that all staff that serve, sell, or dispense alcohol will be trained within 30 days of hire. 2- Certified TIPS trainers are on staff with Vail Mountain Dining. STAFF CONCLUSION: The applicant has met all the necessary requirements for a Hotel and Restaurant liquor license. DISCUSSION: Ms. Scriver presented he request. Max Scott of Oedipus, Inc. explained the petition procedures and the results of the survey. 97.11% favored the issuance of the hotel and restaurant license. Chairman Stavney wondered if the restaurant would be open to the public. Mike Friery, Food and Beverage Director for Vail Mountain stated that the restaurant would be open to the public. He introduced George Bigly who would be the new general manager of the facility. He explained the restaurant seating. The facility was just about complete. Their targeted opening date was December 1St. Commissioner Runyon asked if the applicant had to get a building permit from the Forest Service. Mr. Friery stated that the Forest Service had to approve the permit as well did Eagle County. Vail Resorts had a use permit with the Forest Service but still needed to get approval for any new facilities on the mountain. Commissioner Runyon stated that his only concern was that the building would cast a long shadow on the mountain. Mr. Friery stated that the building sat back and they had no concerns with the shadows cast by the building. Ms. Scriver reviewed the staff findings and stated that staff had no concerns with the request. Nicole Ament of Brownstein Hyatt Farber & Schreck stated that she was present as legal counsel for Vail Resorts. Commissioner Runyon asked if the restaurant would be by reservation or by first come first served. Mr. Friery stated that everyone had the opportunity to make reservations up to a week early. 50% of the restaurant was available for the public and 50% was available for members of Vail Mountain Club. The 40 seats at the bar would be first come first served. The reservation line opens October 1S Commissioner Runyon moved that the Board find that there is a reasonable requirement and desire for the issuance of this license, therefore approve a Hotel and Restaurant Liquor License for Vail Food Services, Inc. d/b /a The 10th 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 the Clerk and Recorder's Office to determine that the applicant has complied with the site information provided, as required by the Colorado Liquor Code. Commissioner Fisher seconded the motion. The vote was declared unanimous. 4 09/27/2011 Commissioner Fisher moved to adjourn as the Eagle County Liquor Licensing Authority and re- convene as the Board of County Commissioners. Commissioner Runyon seconded the motion. The vote was declared unanimous. Plannin g Files AFP -3402 Villas at Beaver Creek Kris Valdez, Planning Department Rohn Robbins, Applicant's Attorney ACTION: The purpose of this Amended Final Plat is to combine Units R9 and R10 into a single residential unit. The renovations were completed in 2006. LOCATION: 63 Avondale Lane, #670 Beaver Creek Are TITLE: Amended Final Plat — Villas at Beaver Creek, Units R -9 and R -10 FILE NO. /PROCESS: AFP -3402 / Amended Final Plat OWNERS: 10 Mountain Villas, LLC APPLICANT: Same REPRESENTATIVE: Rohn Robbins, Law Offices of R.K. Robbins LLC ENGINEER: . Cynthia Lepthien, Alpine Engineering, Inc. 1. PROJECT DESCRIPTION A. SUMMARY: The intent of this application is to remove the duplex lot line between Units R -9 and R -10 in Villas at Beaver Creek. In 2006, under Building Permit #17388, the units were combined into one unit. The notes in the building permit file indicated that the duplex line required removal or the unit must be reverted back to a duplex. This Amended Final Plat request is needed to bring the plat into compliance with the renovation. B. SITE DATA: Surrounding Land Uses / Zoning: East: Residential / Beaver Creek (PUD) West: Residential / Beaver Creek (PUD) North: Village Core — Mixed Use / Beaver Creek (PUD) South: Village Core — Mixed Use / Beaver Creek (PUD) Existing Zoning: Planned Unit Development (PUD) Total Area: .886 Acres / 38,594 sq. ft. Water: Public Sewer: Public Access: Avondale Lane C. STAFF FINDINGS: . `" ,. " � ,` Pursuant to Section 5-290.G.3. Standards for Amended llafPlat: 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. The only exterior change to the building was a vent addition for the fireplace. The Beaver Creek DRB approved this change per a letter dated October 23, 2006. Please see the attached copy. 5 09/27/2011 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. 1 Requirements. i c. Conformance with Final Plat Rev ew 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. D. ATTACHMENTS: 1. Vicinity Map 2. Proposed Amended Final Plat DISCUSSION: Chairman Stavney disclosed that he was the project manager on this project. He had no more financial interest in the project or relations with the owners. Ms. Valdez stated that this was a cleanup item. The request would remove the duplex lot lines between two units. The only exterior change on the project was a vent for a new fireplace. She provided photos of the complex. Commissioner Runyon wondered why staff could not approve this request. Ms. Valdez explained that because it was an amended final plat and it could not be placed on the consent agenda. Rohn Robbins was present but had nothing to add. Commissioner Runyon moved to approve this Amended Final Plat /Eagle County File No. 3402 and authorize the Chairman to sign the Amended Plat. Commissioner Fisher seconded the motion. The vote was declared unanimous. Discussion with Minturn Cemetery District Board (recorded) There being no further business before d, the meetin_ . as adjourned unti • ctober 4, 2011. if - Nikutt Attest: Agri 02. a _/ erk to the Boa : * � * Cha 6 09/27/2011