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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 1 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. 2 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 3 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 4 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 5 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. 6 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 7 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 8 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 9 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. 10 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 11