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HomeMy WebLinkAboutMinutes 08/23/94 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING AUGUST 23, 1994 Present: Johnnette Phillips George "Bud" Gates James Johnson, Jr. Bob Loffler Sara J. Fisher Chairman Commissioner commissioner Assistant 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: Commissioner Gates moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensin;J Authority. Commissioner Johnson seconded the motlon. The vote was declared unanimous. Hyatt Regency Beaver Creek Earlene Roach, County Liquor Inspector, presented a renewal of a Hotel and Restaurant License with Extended Hours for Colorado East West Partners dba/Hyatt Re;Jency Beaver Creek. She stated all documentation was in order and the Sherlffs 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 Colorado East West Partners dba/Hyatt Re;Jency Beaver Creek. Commissloner Johnson seconded the motion. The vote was declared unanimous. wildwood Shelter Earlene Roach presented a renewal of a Hotel and Restaurant License with Extended Hours for vail Food Services, Inc., dba/Wildwood Shelter. She stated all documentation was in order and the Sheriff Office reports no complaints or disturbances during the past year. Staff recommended approval. Commissioner Johnson moved to approve the renewal of a Hotel and Restaurant License with Extended Hours for Vail Food Services, Inc. dba/Wildwood Shelter. Commissioner Gates seconded the motion. The vote was declared unanimous. Rancho Del Rio Earlene Roach presented a renewal of a Retail Liquor Store License and a 3.2% Beer License for Rocky Mountain Enterprises, Inc., dba/Rancho Del Rio. She stated all documentation was in order and the Sheriffs Office reports no complaints or disturbances during the past year. Staff recommended approval. Commissioner Gates moved to approve the renewal of a 3.2% Beer License and a Retail Liquor Store License for Rocky Mountain Enterprises, Inc., dba/Rancho Del Rio. Commissioner Johnson seconded the motion. The vote was declared unanimous. El Jebeverage Earlene Roach presented a renewal of a Retail Liquor Store License for Jebel Capital Corporation, dba/EI Jebeverage. She stated all documentation was in order and the Sheriffs Office reports no complaints or disturbances during the past year. Ms. Roach stated also included in the file was a manager's registration for WaYne Allmon. The Sheriffs Office reports Mr. 1 Allmon is of good morale character. Staff recommended approval. Commissioner Johnson moved to approve the renewal of a Retail Liquor Store License for Jebel Capital Corporation, dbaj EI Jebeverage. Commissioner Gates seconded the motion. The vote was declared unanimous. Comrrdssioner Johnson moved to approve the Managers Registration for WaYne Allmon. comrrdssioner Gates seconded the motion. The vote was declared unanimous. June Creek Grill Earlene Roach presented a renewal of a Hotel and Restaurant License with Extended Hours and Optional Pren4ses for Sonnenalp prope~ties, . Inc., dba/ qnne Creek Grill. She recommended thlS renewal be tabled nntll a tlme nncertaln as there are ownership issues to be resolved. Commissioner Gates moved to table the renewal for Sonnenalp Properties, Inc. dba/Jnne Creek Grill to a time uncertain. commissioner Johnson seconded the motion. The vote was declared unanimous. Champion I S Tavern Earlene Roach presented a renewal for Monet's Tavern Inc., dba/ Champion's Tavern. She commented there are concerns with the amonnt of alcohol that is bein;J served. She stated there were six (6) DUI' s, several disorderlys and servlce to a minor reported by the Sheriffs Office during the past year. She informed the Board she met with Ralph and Kathy Dochery on August 11, 1994 who expressed concern and discussed ways to deal with the issues at hand. Commissioner Gates asked how long the Dochery's have owned the establishment. Ralph Dochery, owner, commented he and his wife have been operating the establishment for five years but a year ago Mrs. Dockery bought out the partnership. Bob Loffler, Connty Attorney, questioned if the Dochery's were aware of the violations reported against the establishment. Ralph Dochery commented no, they were not aware of all the violations. He commented two bartenders were let go and the existin;J bartenders are participants in the TIPS program. Ralph stated a survelllance camera has been installed and a tipsy taxi service is in place. Ralph stated it takes time to change an image. He commented they have eliminated the bands and food sales have gone from 30% to 55% of business. commissioner Gates asked if control can be restored. Mr. Dochery commented the change is becoming more prononnced from day to day. Commissioner Johnson questioned a chan;Je in management. Mr. Dochery replied the establishment lS currently interviewing individuals for the management position. Commissioner Johnson moved to approve the renewal of a Hotel and Restaurant License with Extended Hours for Monet's Tavern, Inc. dba/Champion'S Tavern with the condition Staff return in six months and report back to the Board on the progress of the establishment. Commissioner Gates seconded the motion. The vote was declared unanimous. Comrrdssioner Gates moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of Connty Comrrdssioners. Commissioner Johnson seconded the motion. The vote was declared unanimous. Adam I s Rib Sketch Plan Keith Montag, Community Development Director, presented a request for extension of sketch plan by Adam's Rib Recreational Area. He stated this matter was previously tabled. Richard Carlisle, representing Adam's Rib, stated the applicant thought 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 the meeting was closed but had no objections to it becoming open to the public. Jim Fritze, Connty Attorney, replied there was a request to close the record but the Board concurred to leave the hearing open to the public. Art Champ, .Army Corps of Engineers, stated the Corps is currently processing the permlt involving the removal of fill material from approximately twenty five acres associated with the project. Commissioner Johnson asked Mr. Champ to explain what the duty of the Army Corps of Engineers is when evaluating a 404 permit regarding the wetlands. Mr. Champ stated there are two goals in terms of evaluating a permit, first to determine if the proposal is in the publics best interest and secondly to determine whether the proposal is in compliance with Section 404B1. Commissioner Johnson questioned the denial of a 404 permit in 1993. Richard Carlisle objected to the question as he believes those issues would be better addressed at the time of preliminary plan. Jim Fritze responded the question was more than just due diligence and it appears this line of questioning is appropriate. Commissioner Johnson stated the reason for the question is the chronolo;w listed in the application. He asked if this is the same applicatlon and same site plan as presented in 1987. Art Champ replied it was a revised application. Chairman Phillips questioned if the Court helped with the revision of this plan. Art Champ replied yes. commissioner Johnson asked if the revised documents are now before the Board. Art Champ states he believes the revised documents are now before the Board. Commissioner Johnson asked if the Corp would issue a permit based on the site plan of 1987. Chairman Phillips asked if a 404 permit could be granted if the Board denies the plan. Art Champ replied Board approval is not necessary to move forward. Richard Carlisle submitted a letter paraphrasing his review of due diligence and abandonment in respect to the project. He asked for review of the 1982 Resolution, page 19, paragraph 1, one of the conditions was the applicant must provide a PUD document. Mr. Carlisle reminded the Board of the second condition that requires the applicant to identify with specificity and integrate all miti;Jation measures. He stated, how ironlc, if Adam's Rib has merely been complYlng with the order to seek mitigation, there has been no chan;Jes to the order, but changes made to comply with the order only to have thlS extension denied. Adam's Rib has been in complete compliance with the 1982 Resolution. Erik Martin, Program Manager for winter Sports for White River National Forest, stated he has been involved with this project since 1972. He and Kit Buel, Project Manager, are present today on behalf of Adam's Rib. Commissioner Gates suggested going back to the initial approval of the special use permit for the ski area and determine if any changes have been made. Erik Martin stated the Forest Service completed an Environmental Impact Statement. The Forest Service issued a record of decision containing for items: 01) water augmentation plan 02) financial capability 03) connty a!?proval through zoning 04) acquisitlon of 404 permit. He commented with the approval of the sketch plan the assumption was made that zoning had been ap!?roved. Commissioner Gates replled in 1982 there was approval of the sketch plan with conditions. Erik Martin commented the Forest Service will not give approval without the Connty's approval. 3 Commissioner Phillips asked what would happen without Connty approval. Erik Martin said the special use permit could be extended. He stated the Forest Service may have to react in a different manner. Erik stated a special use permit could be revoked for cause. Jim Fritze expressed "what happens" is not a final decision on the project. He stated the applicant can file a new sketch plan application. He related an approval does not necessarily mean they can move forward. Mr. Fritze stated the Board needs to determne if things are so different from twelve years ago that the sketch plan needs to be reviewed. Richard Carlisle referred to the Saur case in Larimer County. commissioner Gates asked if the suggestions made by the Corps had been approved. Kit Buel answered there had been discussion but not necessarily approval. Fred Kummer, applicant, stated this is the same project in the same location as in 1982. Discussion continued on the proposal. Commissioner Johnson read excepts from various letters for the record. Mr. Kummer stated the opening statement is very simple. He stated the applicant is asking for extension of the sketch plan and assured the Board the plan is the same as when originally approved. Jim Fritze stated there is correspondence the Board should enter as part of the record. Comrrdssioner Johnson moved to submit all documents and letters into the record. Commissioner Gates seconded the motion. The vote was declared unanimous. The Board asked questions of the applicant concerning continuance with the proposed project. Kim Graber, Attorney from Gersh & Danielson, stated two letters have previously been submitted to the Board. She stated denial of this extension does not result in a denial of the project. She stated the current plans the applicant has bears little resemblance to the original plan submitted in 1982. She related revised plans have been required for the golf course and discussed the special use permit issued in 1983. Gene Lorig, area property owner, informed the Board Judge Cain did not find the law suit was frivolous and did not impede Mr. Kummer from moving forward. He stated the Board does not have the power to grant extensions. Patty Brave, area property owner stated she feels the project should go forward and urged the Board to allow the extension and to be objective. Jim Kunkel, president of Johnson & Kunkel, stated he as worked on Adams Rib for the past twenty years and has mapped from the Town of Eagle to Vasser Meadow and has been worklng on environment concerns. Richard Turgeon, area property owner, assured the Board that Johnson & Kunkel have been working diligently on the surveying. He stated the Fish and Game Department has also been up there working. He stated he believes it would be nnjust for the Board to deny this project. Juanita Eaton, area proI;>erty owner, referred to the boxes of evidence presented at a previous hearlng and stated she believes if Commissioner Johnson had not wanted answers to his questions the boxes would not have been opened. She stated after twelve years a sketch plan should be updated. She questioned how many extensions are too many. She requested the Board deny any further extenslons on the 1982 sketch plan. Steve Peters, area property owner, stated the applicant is still trying to move throu;Jh the ganntlet set up by the proponents. Mr. Carllsle stated Mr. Kummer wanted all information in the boxes presented at a previous hearing submitted for the record. Mr. Kummer stated he pulled the financial statements of HBE Corporation and the applicant has spent $26,573,000.00 on the Adams Rib Recreation Area thus far. Commissioner Johnson asked how much of that figure was for land purchase. Mr. Kummer stated he did not have those figures. Questions and answers from the Board followed. Commissioner Gates moved to close the meeting to public comment. Commissioner Johnson seconded the motion. The vote was declared unanimous. 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEl'S 387869 Commissioner Johnson referred to the definition of due diligence provided to the Board by County Attorney. Commissioner Johnson moved to deny the extension of sketch plan by Adams Rib Recreational Area. Commissioner Gates seconded the motion. In discussion, commissioner Gates stated he reviewed the hearing on the last extension request to see if it had been indicated that it would be a last time extension. He stated it had not. He stated he would have to oppose Commissioner Johnson's motion for denial. Commissioner Johnson stated he believes the applicant has proceeded against the recommendation of the governing agencies and until the 404 Permit was denied the applicant did not make alterations. He stated he believes that twelve (12) years is beyond a reasonable amount of time and related things have changed drastically and an updated plan should be submitted. commissioner Gates stated he believes there should be a ruling about the number of extensions an applicant can request but not in the middle of the game. Chairman Phillips stated she understands both sides but has reserved her decision until hearing all the facts. She stated she does not feel the Board is looking at a Preliminary Plan and feels due diligence has ben shown. Chairman Phillips called for the question on the motion. Commissioner Johnson voting aye, comrrdssioners Gates and Phillips voting no. Commissioner Gates moved to approve the extension request for the 1982 Sketch Plan for Adams Rib Recreational Area. Commissioner Johnson asked how long of an extension was being granted. Commissioner Gates stated his motion was for up to a three year extension. Commissioner Johnson seconded the motion. In discussion, Commissioner Johnson stated he feels if the Board is going to ;Jrant an extension it should be for a lessor period of time. Commlssioner Gates stated his motion stands as is. Jim Fritze stated the Board must attach a time certain. Commissioner Gates stated his motion is for an extension of three years, to August 25, 1997, and the County Attorney's Office shall provide a Resolution of findings. Commissioner Johnson concurred. Chairman Phillips called for a question on the motion. Commissioners Gates and Phillips voting aye and Commissioner Johnson voting no. Commissioner Gates moved to adjourn as the Board of County Commissioners and reconvene as the Board of Equalization. Commissioner Johnson seconded the motion. The vote was declared unanimous. Board of Equalization Allen Black, Eagle County Assessor, requested the Board sign the State annual abstract, certifying decisions during the hearing process. Commissioner Johnson moved to approve the Abstract of Assessment as presented by County Assessor. Commissioner Gates seconded the motion. The vote was declared unanlmous. Commissioner Gates moved to adjourn as the Board of Equalization and reconvene as the Board of County Commissioners. Commissioner Johnson seconded the motion. The vote was declared unanimous. Eby Creek Mesa Phase II Sid Fox, Planning Manager, presented file number SU-155-94-AF, Eby Creek Mesa Phase II, amended final plat. He stated the revised plan was submitted to the Surveyor and has not yet been reviewed. He stated there is a mortgagee signature block on the plat which has not been signed. 5 Jim Fritze sug;Jested the Board allow discussion to determine if it would be possible to condltion the approval or denial. He stated everything will be'collateralized conventionally and the lots deeded over next week. The Board questioned if walting until next week would create a hardship. Les Finkelstein, Attorney representing the applicant, stated the Letter of Credit will fully collateralize all of Phase I and the twelve lots along Phase II. Wendy Sachs, developer, stated it would make it easier to market if the moratorium could be lifted. Commissioner Johnson stated it would be cleaner if the Board tabled the plat until next week. Jim Fritze advised the moratorium is in place until the 30th of September. He stated there will be no reason to not lift that moratorium at that time. He sU;Jgested the Board either table this matter or approve and authorize the Chalrman to sign once technical corrections have been made. Mr. Fox stated the County Surveyor has had concerns in the past. Phil Scott, Engineering Techniclan, asked if there will be a Subdivision Improvements Agreement with this plat. Mr. Fritze answered no, but all improvements must be complete and collateralized. Commissioner Gates moved to approve file number SU-155-94-AF, Eby Creek Mesa, Phase II, conditional upon receiving the Connty Surveyor's approval and comments and the signature by the Bank. Commissioner Johnson seconded the motion. The vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned nntil August 29, 1994. Attest: C ~ 6