HomeMy WebLinkAboutMinutes 03/12/96
BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
PUBLIC HEARING
MARCH 12, 1996
Present: George "Bud" Gates
Johnnette Phillips
James Johnson, Jr.
Sara J. Fisher
Chairman
corrmissioner
corrmissioner
Clerk to the Board
This being a scheduled Public Hearing the following items were presented
to the Board of County Corrmissioners for their consideration:
The Board convened as the Local Liquor Licensing Authority.
Mid-vail Restaurant
Earlene Roach, Liquor Inspector, presented a modification of premises
for vail Food Services, Inc., dba/Mid-Vail Restaurant. She explained the
modification to the Board and related this matter was tabled from February
27, 1996.
Corrmissioner Johnson apologized to Ms. Underwood about the tabling last
week.
Commissioner Phillips moved to approve the modification of premises for
Vail Food Services, Inc., dba/Mid-Vail Restaurant.
Corrmissioner Johnson seconded the motion. The vote was declared
unanimous.
Whitewater Package
Earlene Roach presented a renewal of a Retail Liquor Store License for
Three Seventy six COl1?oration, dba/Whitewater Package Store. She related
Staff has a concern wlth the sale of alcohol. In January 1996 the applicant
was cited for selling spirituous liquor to an intoxicated individual. The
applicant was previously closed for two days, December 21 & 22, 1994 for
selling alcohol to a minor. Staff suggested the applicant voluntarily close
for four days with the County holding three days in abeyance for a one year
period. Staff met with Gary Bates, State Enforcement Officer, who suggested
voluntary closing was not acceptable. Ms. Roach stated the Board has three
choices, directing staff to issue an order for Show Cause, asking the
applicant to voluntarily close or approving or denying the renewal as is.
Bob Loeffler, Assistant County Attorney, stated the presentation by
staff was in order. It is the determination of the Board as to what they
would like to do. At this hearing the option is either to renew or not. In
the past, the State's disagreement with the practice of suspension of a
license during a renewal hearing is questionable. If the applicant does not
want to close for four days Staff recommends the Board direct an Order for
Show Cause be issued to the applicant.
Corrmissioner Johnson asked about staff's recommendation.
Ms. Roach confirmed staff is recorrmending a closure of four days and
three additional days being held in abeyance.
Clairene Yonkers, applicant, stated they would be willing to close the
four days but asked if two could be this week and two next week.
Mr. Loeffler indicated if they voluntarily close in anticipation of the
renewal of the license it would be difficult to hold the three days in
abeyance.
corrmissioner Phillips suggested that could be voluntary.
Commissioner Johnson stated he is concerned about this being a second
violation and it does not appear the applicant puts forth much effort in the
sale of alcohol.
Mike Ping, manager, stated they see about 100 people per day. Last
night he turned three ;lroups of people away for not having ID's. He stated
he did make a mistake In selling to the intoxicated patron. He stated they
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do a good job but he is not able in the short amount of time someone is in
the store to tell if someone is intoxicated.
corrmissioner Johnson asked about signs of intoxication.
Mr. Ping explained some of the visible signs. He says they do try very
hard and he has lost customers because he has refused to sell llquor.
Corrmissioner Johnson asked about specifics of the individual in this
case.
Ms. Roach informed the Board the State may impose sanctions as well.
Chairman Gates stated he certainly does not approve of the violations
and he understands the concerns of the applicant and protecting their income.
He stated he would like to see a voluntary suspension.
Mr. Loeffler stated if the applicant and the Board members are so
inclined, he is wondering how much the applicant should volunteer. .
commissioner Johnson stated staff recommended a voluntary suspenslon of
seven days total.
corrmissioner Phillips suggested two violations in a year in a half with
different I;>eople serving is not that bad. She suggested four days with three
days held In abeyance.
Mr. Loeffler suggested they might have occasion for a Show Cause in the
future.
Ms. Yonkers stated they would voluntarily close their operation for four
days starting tomorrow. She asked if they are allowed in the store to clean
and accept deliveries.
commissioner Phillips moved to renew the liquor license for Whitewater
Package Liquors with the acceptance of the applicant's offer to voluntarily
close on March 13, 14, 15, and 16, 1996.
commissioner Johnson seconded the motion for discussion.
In discussion, commissioner Johnson stated the possibility and
probability of the State coming in is likely to happen. They will see this
authority as not taking its responsibility seriously by not ordering a Show
Cause hearing.
Chairman Gates called for the question on the motion. Commissioners
Phillips and Gates voting yes and Corrmissioner Johnson voting no.
Jet Center Cafe
Earlene Roach presented a renewal of a Tavern License with Extended
Hours for Jet Center Cafe, Inc. , dba/Jet Center Cafe. She stated the
Sheriff's Office reports no complaints or disturbances during the past year
and all fees have been paid.
Bob Loeffler indicated the Board must approve all sub-leases at the
Eagle County Regional Airport and this sub-lease has no County approval.
When they flrst reviewed this they had an expired lease. They have received
a new one. The sub-lease does require the County's consent and they still do
not have this. The applicant has been informed he should make a request to
the Jet Center management to get the approval.
corrmissioner Johnson asked if the applicant must rely on the Jet Center
or could the applicant make it directly with the county.
Mr. Loeffler stated he does not see that the appllcant has contacted the
Jet Center.
corrmissioner Johnson suggested the apI;>licant might make the request
directly with the County so to avoid the mlddle man.
Tim Kelly, applicant, questioned if no leases are in effect and they are
not approved by the landlord, then the County is the landlord.
Mr. Loeffler explained there is a lease between the County and the Jet
Center. That lease requires the Jet Center to obtain the County's approval
of sub-leases. The sub-lease states it is not valid until the County has
consented. There are two independent contracts.
Corrmissioner Johnson asked if the sub-lease could be submitted to the
County for the County's approval and then the renewal could take place.
corrmissioner Johnson moved to table the renewal of the liquor license
for the Jet Center Cafe until next week pending the receipt of the sub-lease
approval by the County which establishes legal possession.
Ms. Roach asked If Mr. Kelly would need to be present.
The Board indicated he would not.
corrmissioner Phillips seconded the motion. The vote was declared
unanimous.
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BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
Mr. Kelly asked for clarification about the County's consent and which
body gives that consent.
Mr. Loeffler stated it would be communicated to Mr. Kelly by the Airport
Manager or the Board of County corrmissioners. The Board has to make that
decision.
Cordillera Golf Club
Earlene Roach presented a renewal of a Hotel and Restaurant License with
Extended Hours and Optional Premises for GEMSA Corporation, dba/Cordillera
Golf Club. She stated all fees have been paid. The Sheriff's Office re~orts
no complaints or disturbances during the past year. The application is In
conformance with all rules and regulations governing liquor licenses. Staff
recommended approval. This matter was tabled from February 27, 1996.
Rick Rosen, legal council for GEMSA, clarified statements he made during
the last hearing as Corrmissioner Johnson had not voted for the approval of
their license.
Corrmissioner Phillips moved to approve the renewal of a Hotel &
Restaurant License with Extended Hours and Optional Premises for GEMSA
Corporation, dba/Cordillera Golf Club.
Commissioner Johnson seconded the motion for discussion.
In discussion, Corrmissioner Johnson asked about the controls they have
within this boundary.
Mr. Rosen stated the club house itself has a particular boundary which
is monitored by staff. The guests of the Cordillera Golf Club do have the
ability to take liquor onto the optional premise which is the golf course.
He reminded the Board they actually have four separate optional premises
because of the roads. Mr. Rosen stated the golf course is marked very
clearly. The liquor cart driver is well aware of the boundaries and there
will be si$"llage on the carts and the golf cart paths. They would like to
avoid puttln;l signs all around the golf course.
Commissloner Johnson suggested they put a disclaimer on the score cards
as well. He asked when they first came in if they were looking for one or
four optional premises.
Ms. Roach stated it was four.
Corrmissioner Johnson corrmended staff for the work they have done on
optional premises as well as the apI;>licants and their taking care of the
control issues around optional premlses.
Chairman Gates called for the question on the motion. The vote was
declared unanimous.
Food & Deli
Earlene Roach presented a renewal of a 3.2% Off Premise Beer License for
The Customer Company, dba/Food and Deli. She related also included in this
file is an applicatlon to request to change the trade name to Arm's Market.
All fees have been paid. The application is in conformance with all rules
and re;JUlations governing Beer Licenses. The Sheriff's Office reports no
complalnts or disturbances during the past year. Staff recommended approval
of both applications.
Commissioner Phillips moved to approve the renewal of a 3.2% Off Premise
Beer License and application to change trade name of this establishment to
Ann's Market.
Corrmissioner Johnson seconded the motion. The vote was declared
unanimous.
Beaver Creek Lodge
Earlene Roach presented a transfer of ownership of a Hotel & Restaurant
License with Extended Hours for DJONT Operations, LLC, dba/Beaver Creek
Lodge. She stated this application is in conformance with all rules and
regulations governing liquor licenses. All fees have been paid. The
applicant was issued a Temporary License for the interim. Also included in
this application is a Managers Registration for Jeffrey Solenberger, who was
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also the manager for the previous owners. Ms. Roach stated she spoke with
Mr. Solenberger concerning some disturbances during the past year relating to
alcohol. These concerns were two fights and an intoxicated person. The new
owners have nothing to do with past problems, but as management is staying
the same Staff discussed these concerns with Mr. Solenberger. The
neighborhood and need have previously been established. Staff recorrmended
approval.
Jeff Solenberger stated he has been and is the General Manager of the
Beaver Creek Lodge. He stated they were aware of one incident but the other
two were not written. They have made some significant changes including
longer hours for food servlce, a bouncer/server and no minors allowed after
10:00 p.m.
Corrmissioner Johnson questioned the complaints.
Ms. Roach stated the disturbances are vague.
Mr. Solenberger further explained the incidents.
corrmissioner Phillips moved to approve the transfer of ownership of a
Hotel and Restaurant License with Extended Hours for DJONT Operations, LLC,
dba/Beaver Creek Lodge.
Corrmissioner Johnson seconded the motion. The vote was declared
unanimous.
El Jebel Convenience Store
Earlene Roach presented a new application for a 3.2% Off Premise Beer
License for El Jebel LLC, dba/EI Jebel Convenience Store. This matter was
tabled from last year to allow the applicant to submit a new petition
establishing need from area residents. The neighborhood was established at a
previous hearing, that nei;lhborhood being from the establishment in a two
mile radius. The applicatlon is in conformance with all rules and
regulations governing liquor licenses. All members of the Limited Liability
Company are reported to be of good moral character. Staff recorrmended
approval.
Corrmissioner Phillips asked if this is a continuation.
Ms. Roach stated the neighborhood has been established but the needs are
defined through the petition process.
John Stonebreaker, Attorney representing the applicant, stated they have
two witnesses today. Mr. Sirrmons who is the general partner and Mr. Scott
who conducted the petition drive.
Jim Simmons introduced himself and described his role as well as the
convenience store in EI Jebel. He stated the requests for beer sales have
dropped off as the locals know that it is not currently licensed. They
discussed the location of this establishment and the location of other
license holders. He discussed store managers and alcohol training.
Mr. Loeffler asked if the training was TIPS training.
Mr. Stonebreaker responded they are classes provided by the State of
Colorado.
Corrmissioner Johnson asked how many package establishments are within In
the area.
Mr. Sirrmons stated EI
Fitzsirrmons Motor Company.
corrmissioner Phillips
before.
Ms. Roach responded no.
Mr. Scott, who conducted the survey stepped forward and Mr. Stonebreaker
passed out copies of the petitions. Mr. Stonebreaker asked Mr. Scott the
applicable questions regarding the survey process. Mr. Stonebreaker asked
the petitions be accepted as evidence by the Board.
Corrmissioner Phillips asked if they got the impression from residents it
was not really necessary as they have been without a license.
Mr. Scott stated he thinks the public wants the license there.
corrmissioner Johnson questioned the "no need" being 45% of the
responses.
Mr. Scott explained concerns by the public of off premise license and
stated they typically get a more conservative response.
Corrmissioner Phlllips moved to establish a need for this 3.2% Off
Premise Beer License for EI Jebel LLC, dba/El Jebel Convenience Store.
Commissioner Johnson seconded the motion for discussion.
Jebel Liquor, EI Jebeverage, City Market and
So presently there are four.
asked if there were violations in the Texaco
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BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
In discussion, Corrmissioner Johnson stated he does not see there being a
need with the number of outlets already there.
corrmissioner Phillips stated there was a liquor license that had been
located in this area and this is not really a new license. She sees there
being a need.
Mr. Loeffler stated they do not need a specific motion to define the
need.
Chairman Gates called for the question on the motion. corrmissioners
Phillips and Gates voting yes and Corrmissioner Johnson voting no.
corrmissioner Phillips moved to approve the license for 3.2% Off Premise
Beer License for EI Jebel LLC, dba/EI Jebel Convenience Store.
Commissioner Johnson seconded the motion. Commissioners Phillips and
Gates voting yes and Corrmissioner Johnson voting no.
Eagle County Govermnent
Earlene Roach presented an application for Special Events Permit for
Eagle County Government. She related this Permit is to cover the Rocky
Mountain Oyster Feed and will be held at the Eagle County Fai~rounds on
March 29, 1996. She explained the Staff has concurred the entlre Fairgrounds
should be licensed to allow for better control. The application is in
conformance and Staff recorrmended approval.
Lori As smussen, Event Coordinator for Eagle County, stated the Sheriff's
office will be helping to control the area and they will also have
volunteers.
corrmissioner Johnson moved to approve the Special Events Permit for
Eagle County Government.
Corrmissioner Phillips seconded the motion. The vote was declared
unanimous.
Mulligan's
Earlene Roach presented a renewal of a Hotel & Restaurant License with
Extended Hours and Optional Premises for Eagle-Vail Metropolitan District,
dba/Mulligan's. She stated this application is in conformance with all rules
and regulations governing liquor licenses. All fees have been paid. The
Sheriff's Office reports no complaints or disturbances during the past year.
Staff recorrmended approval.
The applicant was not present.
Corrmissioner Johnson moved to table the renewal of a Hotel and
Restaurant License with Extended Hours and Optional Premises as the applicant
was not present.
Corrmissioner Phillips seconded the motion. The vote was declared
unanimous.
Corrmissioner Johnson moved to adjourn as the Local Liquor Licensing
Authority and reconvene as the Board of County Corrmissioners.
Corrmissioner Phillips seconded the motion. The vote was declared
unanimous.
Plat & Resolution Signing
Patti Haefeli presented SM-990-95 Berry Creek Ranch, Filing 3, Lot 3,
Block 2. This is a Minor Type B subdivision, a resubdi vision of Lot 3 to
create Lots 3A and 3B. This plat does contain a duplex-split caveat which
states only one two-family residence may be constructed on the combined area
of these lots.
Commissioner Phillips moved to approve SM-990-55 Berry Creek Ranch,
Filing 3, Lot 3, Block 2.
Corrmissioner Johnson seconded the motion. The vote was declared
unanimous.
Patti Haefeli presented SM-I027-96 Berry Creek Ranch, Filing 4, Lot 53,
Block 5. This is a Minor Type B subdivision, a resubdivision of Lot 53 to
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create Lots 53A and 53B. This plat does contain a duplex-split caveat which
states only one two-family residence may be constructed on the combined area
of these lots.
Corrmissioner Johnson moved to approve SM-I027-96 Berry Creek Ranch,
Filing 4, Lot 53, Block 5.
corrmissioner Phillips seconded the motion. The vote was declared
unanimous.
Patti Haefeli presented SM-I026-96 Final Plat, Ea;lle-vail Subdivision,
Filing 2, Lots 1 & 2. The purpose of this Final Plat lS a Minor Type B
Subdivision of Lot 1 and to amend the common lot line between Lots 1 & 2.
The plat does include the duplex split caveat stating only one two-family
residence can be constructed on Lot 1. Adj acent property owners were
notified with regards to the lot line amendment.
Commissioner Phillips moved to approve SM-I026-96 Final Plat, Eagle-Vail
Subdivision, Filing 2, Lots 1 & 2.
Corrmissioner Johnson seconded the motion. The vote was declared
unanimous.
Resolution 96-24 - PD-313-95-Al
Patti Haefeli presented Resolution 96-24, PD-313-95-Al Amendment of the
El Jebel Texaco Planned Unit Development. This is a resolution for
conditional approval of an amendment to the POD which was presented to the
Board of County Commissioners on October 31, 1995.
corrmissioner Johnson moved to approve PD-313-95-Al, Amendment of the El
Jebel Texaco Planned Unit Development.
Corrmissioner Phillips seconded the motion. The vote was declared
unanimous.
PD-311-95-A, Blue Ridge POD Amendment
Paul Clarkson, Planner, presented file number PD-311-95-A, Blue Ridge
PUD Amendment. He stated the applicant is requesting relief from the
preliminary ~lan condition requiring a completed road from the project to
Highway 82/Wlllits Lane intersection. He further explained the request to
the Board. Staff recorrmended denial.
Chairman Gates asked if he was not present on the 22nd day of February.
Mr. Clarkson responded yes and related Chairman Gates was not present on
January 16th either.
Steve Isom, representing the applicant, reviewed the request and the
history of the project. They are asking the BOCC to change the resolution
allowing Kevin and Tarrmy Tucker to be able to build parts 1 & 2, the hotel
sites and the apartment units above without having to have the road
completed. A traffic study was prepared by Matt Dillage and it concluded the
request would not detrimentally effect EI Jebel Road.
Chairman Gates asked if there would not be too much traffic on to EI
Jebel road.
Mr. Isom responded his conclusion was this intersection would continue
to function as a category C and not a D that was feared.
Chairman Gates asked about emergency access to the area.
Mr. Isom stated they have the old access as well as Crawfords commercial
center access. He stated Ace Lane seems to be getting prepared to build but
not sooner than six to nine months.
Chairman Gates asked about the agreement between Ace Lane and the
Tuckers.
Mr. Isom responded they would each pay their reasonable share. They
would build up to Ace Lane's property.
Corrmissioner Phillips asked about the building time scheduled.
Mr. Isom explained the upgrades the Tuckers would be responsible for.
They are looking at doing some of the culverts in April and then doing the
rest of the construction this fall.
Corrmissioner Phillips asked for more specifics.
Mr. Isom stated the infrastructure would be this summer and the
corrmercial building and the hotel in 1997.
commissioner Phillips asked about Ace Lane and if it was possible they
would be coming in before 1997.
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BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
Mr. Isom stated he has talked with Ace Lane but he would have to come
back and amend his POD. He discussed the desires of the hotel builder to
increase the number of hotel rooms to 100 from 80 and reducing the number of
apartments. Mr. Isom stated the hotel would not be effecting the traffic
because they would be non-peak hours.
George Roussos, County Engineer, stated the traffic report was revised
and staff replicated the number of trips. On the corrmercial aspect, the
traffic engineer used the capture rate theory where use of more than one
store at a time will happen. The capture rate used was 41%. Mr. Roussos
stated studies as such are mostly site specific. Level of service C for that
roadway is what exists now. Level of service D is that of the intersection.
C is what the intersection has been designed for.
Paul Clarkson stated it is staff's opinion the applicant proposed this
road with their Sketch Plan and it was a condition of the Sketch Plan
approval. Issues associated may be more of a legal nature. Removing the
requirement of this completed road, Staff is unable to determine if there is
then conformance with the Sketch Plan and Preliminary Plan.
Corrmissioner Johnson asked if this however was an amendment.
Mr. Clarkson responded yes. He further explained staff's position this
will not provide the circular nature of traffic. Mr. Clarkson asked for
clarification if the applicant is asking for complete relief.
Mr. Isom responded it was only for phase 1 & 2.
Mr. Clarkson referred to a letter from Mr. Isom requesting complete
relief, dated November 7, 1995. Mr. Clarkson read from the letter.
Commissioner Johnson asked Mr. Isom for clarification.
Mr. Isom stated they are asking for relief from phases 1 & 2.
Mr. Roussos stated it could be done maintaining acce~table service.
Corrmissioner Johnson asked Mr. Fritze about the wordlng of the
Resolution.
Mr. Fritze stated he would recommend a date by which it be done either
linked to the building or a drop dead date.
corrmissioner Johnson asked about the trigger being a drop dead or need
to accommodate traffic.
Mr. Fritze responded it could be done by a traffic counter or when phase
three is completed.
Steve Isom stated since Ace won't dedicate the right-of-way it would
have to be condemned.
Mr. Fritze asked Mr. Clarkson if they had been through preliminary
approval but not final plat. He asked if the Planning Corrmission heard it as
relief from all three.
Mr. Clarkson responded yes.
Mr. Fritze questioned the lots now drawn on it. Mr. Fritze asked if
they would be coming back with another amendment.
Mr. Isom responded he doesn't know.
Mr. Fritze stated the lots should be part of the POD amendment.
Mr. Isom responded they have always considered each building to stand by
itself. The intent was not to sell the lots. The infrastructure thus far is
1.2 million dollars.
Corrmissioner Phillips asked if the hotel purchaser would build the road.
Mr. Isom stated not without the right-of-way. They have made an offer
to Ace Lane to build the road if he will provide the right-of-way. They
would at least like to start on the buildings.
Chairman Gates asked if the change in the motel and number of units
would be a major change where they would have to resubmit.
Mr. Isom stated two parties are happy with 80 rooms and one wants 100.
They would have to come back.
Tom Boni, representing Knight Planning and the Crawfords, stated there
are some minor concerns they have with the construction of the project. He
referred to the traffic study and his discussions with the Matt Dillage. Mr.
Boni stated there are concerns with Blue Ridge Lane and EI Jebel Road. It
would take several cycles for traffic stopped on that road. There seems to
be contrary opinions as to what traffic conditions are currently encountered.
He asked Matt Dillage when the counts were taken and he indicated he had not
done the actual counts himself. The Crawford family is concerned traffic
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flow within the area is backing up along the road and without the second
entrance
Corrmissioner Johnson asked where the traffic numbers came from.
Mr. Dillage stated he got the numbers from the applicant.
commissioner Phillips asked Mr. Roussos if they had the numbers.
Mr. Roussos responded Phil Scott may have numbers but is not present
today.
Mr. Isom stated come sI;>ring there will be a second left hand turn lane
which will double the trafflc through there.
corrmissioner Phillips questioned that issue and there might be other
considerations.
Kevin Tucker, applicant, stated they are trying to do all the work at
the same time. They have escrowed the money. He related they were going to
do this last fall but needed nine months for the traffic lights.
Corrmissioner Johnson moved to table file number PD-311-95-A, Blue Ridge
PUD Amendment until 3:45 this afternoon so that staff can work out the needed
language.
Corrmissioner Phillips seconded the motion. The vote was declared
unanimous.
Beaver Creek Sub, Filing 5, 1st Amendment
Patti Haefeli, Plannin;l Technician, presented the amended final plat for
Beaver Creek Subdivision, Flrst Amendment to the Fifth Filing, Lot 3, Block
2 . Staff recorrmended a~proval.
Corrmissioner Philllps moved to approve the amended final plat for Beaver
Creek Subdivision, First Amendment to the Fifth Filing, Lot 3, Block 2
including staffs findings.
Corrmissioner Johnson seconded the motion. The vote was declared
unanimous.
SU-339-95-AF3, Remonov Center
Six Fox, Planning Manager, presented file number SU-339-95-AF3, amended
final ~lat continued from the hearing on February 20th. The mylar needed to
be revlewed by the attorney's office which has been done. Staff recommended
approval. Staff also requests the previous file be withdrawn by the
applicant.
Terrill Knight, Knight Planning, stated they would so request.
Corrmissioner Johnson moved to apI;>rove file number SU-339-95-AF3, Remonov
Center, amended final plat inco:rporatlng staff's findings.
Corrmissioner Phillips seconded the motion. The vote was declared
unanimous.
ZS-342-94 and ZS-342-96-A
Daniels Special Use Permit
Ellie Caryl, Plannin;l Technician, presented file numbers ZS-342-94 and
ZS-342-96-A, Daniels Speclal Use Permit. She explained the application to
the Board and that the applicant has been working on the items of concern.
She reminded the Board it was not the 13 conditions but there were two
specific instances that brought them to this point. After two meetings with
the applicant where they were advised the Avis operation was not appropriate.
The applicant chose to 19nore that advice. The second issue was the building
of the garage which the applicant has said would be connected to the house.
The actual building permit application was for a large car wash facility some
distance from the applicant's house.
Corrmissioner Johnson asked about the 13 points.
Ms. Caryl stated most of these have been remedied using the piles of
dirt as an example. She reviewed the proposed amendments to the existing
special use permit filed subsequent to the notice of revocation. She read
the seven items into the record and explained each item. upon reviewing this
proposed amendment with the master plan they find some compliance and some
non-conformance. They used the Ai:rport Sub-Area Plan and the Gypsum Master
Plan. There is nothing else in the area at this time.
Ms. Caryl stated there are some items in the applicant's reguest that
are not unreasonable but there are some that clearly are. She dlscussed
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BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 3871169
staff's opinion and potential concerns with rezoning. Ms. Caryl stated upon
original approval, the types of business discussed were for resource zoned
I;>roperty. The site is extremely visible from Highway 6 and 170. Staff finds
lncreasing the pile height to 14 feet to be visibly lntrusive. The lighting
height is not a concern so much as the number of llghts and the positioning
of the lights. Ms. Caryl discussed item #7 and removal of the stipulation
that limits the number and type of contractors. She discussed staff's
opinion after visiting the slte. If an increase in the number of contractors
is considered, also a limit should be considered.
Staff finds the amendment reg:uests as submitted do not meet staff's
findings and are recommending denlal as is. The Planning corrmission
recorrmended denial of the amendment as submitted. Staff would be happy to
work with the applicant to maintain the integrity of the underlying zoning
and work within the master plans of the area.
Jodi Daniels, applicant, thanked Ms . Caryl for her surrrnarization. He
added the issues discussed would perhaps have been dealt with had they been
reviewed beforehand. He stated there were some minor things which they have
dealt with. Mr. Daniels stated they met with Bruce and Ellie last week.
Regarding those amendments, they were not made in haste. He apologized for
making decisions and changes that were not complete nor approved. Mr.
Daniels showed some maps to the Board.
Chairman Gates asked about the car wash.
Mr. Daniels stated the garage was submitted as a garage.
Mr. Poffenberger, attorney for the applicant, stated the original
building which is on the original plan was the corrmercial warehouse. There
was a carwash included in that building. In the interim, he stated
construction of the garage was actually moved and included a wash bay. He
handed out letters from the adjoining neighbors and people in the community
that are in favor of this I;>roject.
Chairman Gates asked If the special use permit should be changed.
commissioner Johnson asked what the letter from Don Welch has to do with
this, he stated is was in an enterprise zone. T. Knight surrrnarized the
project.
Ms. Caryl commented use of the garage for a car wash, a phasing of
employee housing, enclose the greenhouse area, lower the lights, a reasonable
number of contractors to use the sight (6,12).
Mr. Poffenber;ler stated it meets the needs of the community by Avis
using the land durlng the winter and a construction company using the land
during the sumner. With the fence you will not see the car's during the
winter, however during the sumner you will be able to see the tops of the
trucks, and other equipment.
Commissioner Phillips asked if the cars would be removed during off
season?
Mr. Poffenberger answered yes they bring autos in during the peak times
of the year, and only a few cars are kept in the area.
Discussion contlnued on the apI;>lication.
Bob Loeffler stated the Board lS loosin;l site of what is the permit in
front of them today. He stated with the addltion of 4 tenants instead of 2
tenants, placing the building some 300 feet away from where is was approved.
Ms. Caryl stated when one of the tenants came to her and asked what else
could be done with the property.
Discussion continued on the proposal.
Tim, Kelly, area resident, stated the County has property East and West
of the alrport and County property should be used for rental car storage.
Sta~f recorrmended the Board deny this application and revoke the Special
Use Permlt.
Commissioner Phillips moved to not revoke this Special Use Permit at
this time, file numbers ZS-342-94 and ZS-342-96-A, Daniels Special Use
Permit.
Commissioner Johnson seconded the motion.
Discussion continued on the application.
Chairman Gates called for the question on the motion. The vote was
declared unanimous.
Corrmissioner Phillips stated the three business on the site are
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acceptable and Avis could stay until the end of the season.
Corrmissioner Phillips move to table the Special Use Permit until a date
can be determined.
Corrmissioner Johnson seconded the motion. The vote was declared
unanimous.
Resolution 96-23, Girl Scouts Be Your Best
Chairman Gates stated the next item on the agenda was Resolution 96-23,
proclaiming March 12, 1996 as Girl Scouts Be Your Best.
Corrmissioner Phillips moved to approve Resolution 96-23, proclaiming
March 12, 1996 as Girl Scouts Be Your Best.
corrmissioner Johnson seconded the motion. The vote was declared
unanimous.
PD-311-95-A, Blue Ridge POD Amendment
Steve Isom informed the Board the Tuckers find the proposal of Phase I
and Phase II of the accell/decell acceptable.
Commissioner Johnson stated he did not find the proposal acceptable and
suggested County Engineer perform the study for the road.
Tom Boni stated he wants this proposal to work for the community.
Commissioner Johnson moved to approve file number PD-311-95-A, Blue
Ridge PUD Amendment with the following condition:
a) When the level of service for Blue Rid;le Lane to EI Jebel Road
is at Level of Service D, or when the Level of Servlce at the Blue Ridge
Lane/EI Jebel Road intersection is at Level of Service E, and, in both cases,
if Blue Ridge Lane through Kodiak Park to State Highway 82 at the realigned
intersection of willits Lane has not been constructed, then the subdivider
will secure any and all necessary land rights-of-way or easements for the
construction of the remaining portion of Blue Ridge Lane, and to have them
deeded to the County. Should the subdividers be unable to secure the
necessary lands, rights-of-way or easements for the construction of the
remaining portion of Blue Ridge Lane, the subdividers:
1) Shall schedule a meeting with the Board of County Commissioners
to discuss the Subdividers inability to secure such pro~erty, and should the
Board and County Engineer determine that such property lS required, it shall
assist the subdlviders in fulfilling its obligations under this contract by
using its power of eminent domain.
2) The Subdividers shall secure after consultation with the County
Attorney, an appropriate appraiser to conduct the appraisal of the property.
Phase III will necessitate the road construction.
3) After an appraisal, a good faith offer in conformance with the
statute shall be made to the owner of the property.
4) If the offer of the County is not accepted, the County shall
proceed to condemn the property.
5) All expenses of said condemnation, including all legal and
Attorney fees, costs, appraisal fees and incidental expenses, shall be paid
as they are due by the Subdividers, it being understood the condemnation
proceeding may be prosecuted by the County Attorney or S~ecial Counsel
retained by the Board of County Corrmissioners. The Subdlviders shall further
pay any deposit necessary for the County to secure immediate possession as
well as the final award to the owner.
corrmissioner Phillips seconded the motion. The vote was declared
unanimous.
Jet Center Cafe
Tim Kelly, owner of the Jet Center Cafe, requested the Board re-open his
liquor license hearing.
corrmissioner Johnson moved to adj ourn as the Board of County
Corrmissioners and reconvene as the Local Liguor Licensing Authorlty.
Corrmissioner Phillips seconded the motlon. The vote was declared
unanimous.
Mr. Kelly presented the Board with a letter indicating the County's
consent to his sub-lease with the Vail Beaver Creek Jet Center.
Bob Loeffler indicated he would need time to review this letter.
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BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEl'S 387869
Commissioner Phillips moved to approve the renewal of a Tavern License
with Extended Hours for Jet Center Cafe, Inc., dba/Jet Center Cafe, with the
condition the lease is found to be in order by County Attorney.
corrmissioner Johnson seconded the motion. The vote was declared
unanimous.
Corrmissioner Johnson moved to adjourn as the Local Liquor Licensing
Authority and reconvene as the Board of County Corrmissioners.
Corrmissioner Phillips seconded the motion. The vote was declared
unanimous.
There being no further business to be brought before the Board the
meeting was adjourned until March 18, 1996.
Attest:
~4.g~.LJ
al
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