Loading...
HomeMy WebLinkAboutMinutes 01/19/99 PUBLIC HEARING JANUARY 19, 1999 Present: Johnnette Phillips James Johnson, Jr. James Hartmann Sara J. Fisher Chairman Commissioner County Administrator Clerk to the Board Absent: Tom Stone Commissioner This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: Consent Calendar Chairman Phillips stated the first item on the agenda was the consent calendar as follows: A) Approval of bill paying for week of January 19, 1999, subject to review by County Administrator B) Resolution 99-012 and Power of Attorney conferring authority on Attorney's Office to draw on Letter of Credit No. 50 in the amount of$60,823.95 to expire 1-23-99, Eby Creek Subdivision, Phase III C) Change Order for Lake Creek Pedestrian and Bicycle Bridge project. Commissioner Johnson thanked Ellie Caryl for her explanation and backup. He stated it made it possible to make a decision. Commissioner Johnson moved to approve the consent calendar as presented. Chairman Phillips seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Commissioner Stone was not present today as he is attending a two day Commissioner training program. Plat & Resolution Signing Scot Hunn, Planner, stated there are no plats or resolutions for the hearing today. Resolution 99-013, Special Use Permit, Edwards Station Terry Bernath, Planner, presented a Resolution for approval ofthe Special Use Permit for Edwards Station, East West Partners, file number ZS-00033. Chuck Madison, applicant, was present for the hearing. He questioned not being eligible for the building permit until the approval. He asked for clarification. He asked about condition #6 stating it was previously agreed that they would pay a fair share. Now it reads as ifthey are paying 100%. Bob Loeffler, Deputy County Attorney, explained it reads it will be in accordance with the access permit. Ms. Bernath supplied the applicant with a copy. Mr. Madison stated on #7 they agreed the applicant would provide for maintenance ofthe path until accepted by Eagle County. He asked it read Eagle County or any other public entity. Ms. Bernath stated there is not problem with that. Commissioner Johnson suggested the wording Mr. Madison used was appropriate. 1 01-19-1999 Mr. Madison spoke to #9 and the agreement with the street light being installed before the TCO. Commissioner Johnson added they did not require them to maintain it. Mr. Madison stated it is alright as stated. They will build the office first and the restaurant second. He would like it clarified it would be with occupancy of the restaurant building. Commissioner Johnson spoke to the discussion that this summer they will know if CDOT will maintain it. Mr. Madison stated they want to be sure they have enough time to get it installed. Commissioner Johnson stated he doesn't have a problem with linking it to the restaurant. He stated his preference would be prior to the TCO of the second structure or a date certain. They may decide not to build until next year. Mr. Madison agreed saying the second TCO or October 15, 1999. The Board agreed. Ms. Bernath spoke to the highway access permit. She stated condition #22 delineates that all costs be the responsibility of the applicant. She stated this is true on all permits along the Spur Road. All entities will share in the costs. It is implied rather than spelled out. Mr. Madison stated the correspondence received talked about a fair share. Commissioner Johnson asked if there is pay back so that whoever does the development pays up front. Mr. Madison stated there is currently no traffic light proposed there. He stated it is a catchall for the future. Mr. Loeffler stated the access permit requires the applicant and others to pay all of the costs associated with certain improvements. The cost sharing will be driven by the access permits not by the land use regulations. He stated they are not imposing a fair share on anybody because they are not in the process. Mr. Madison asked if they change the language to you and others. Commissioner Johnson asked what the language was previously. Mr. Madison stated at Planning Commission and at the previous Commissioner meeting they have said the fair share. Phil Scott, Engineering Department, stated the condition is a standard supplemental condition they were directed to include. He spoke to a letter from Jack Dunn. He reviewed the language stating that the language has been included on every agreement. He explained there are other traffic generators and all will be looked at. Commissioner Johnson asked if on the ones already built if they placed a condition. Mr. Scott stated everyone out there is under this condition. Commissioner Johnson asked if they changed the language to read fair share. Mr. Loeffler stated he took it out because Eagle County doesn't know what fair share is. He stated the land use regulations do not specify and the County won't be involved. Commissioner Johnson reviewed alternative language stating "or such share as provided by the access permit". Mr. Madison agreed to the change. He spoke to # 11 and the rewording stating they will provide 106 public parking spaces. Mr. Madison stated that is their intent. He showed a diagram. He suggested if the school board does not go through for Miller Ranch road they will have the access points. In the interim, they will be providing six spaces less to provide for the access. He stated they are currently providing 35 spaces more than code. He asked for clarification. He stated this wasn't a condition in either of the hearings. He questioned this being placed under the new land use code which may change their parking configuration. He suggested they say they will provide a total of 101 under the interim plan and 106 of the ultimate plan. Commissioner Johnson stated they approved the 106 with the provisions of handicapped parking. 2 01-19-1999 He suggested they reduce the requirement to 105 so they can reduce the number of handicapped spaces. Mr. Madison suggested ifthey return to the original approval they'd be fine. Commissioner Johnson stated that is what they have here today. He stated they have written a condition he can't comply with. Mr. Loeffler stated he went offthe material presented with the site plan. He stated that was approved and then allows a grace period for the reduction of handicapped spaces. Mr. Madison stated there are two site plans that have been provided, one is the interim site plan and then the final. Commissioner Johnson stated this Board approved a site plan for 106 parking spaces. He stated this resolution is only to adopt what was heard. He suggested ifthey want to make changes, they will have to rehear it. Mr. Madison suggested he didn't hear in the hearing they were going to place 106 spaces. Chairman Phillips stated there was much discussion on the handicapped parking. Commissioner Johnson stated the discussion was that the applicant didn't want to provide the number of handicapped spaces. Mr. Madison stated there is no dispute over the handicapped spaces. He stated the 106 spaces were not part of the application. Ms. Bernath stated there are ultimately two accesses, one on Miller Ranch and one on the Spur Road. She stated they submitted a site plan for the interim period as that may be built first. What staff understands being approved was the final plan of 106 spaces. Mr. Madison stated the interim plan has six fewer spaces which would be 100. Once Miller Ranch Road is built they will provide the other six spaces. He spoke to the new code and the fact they may wind up with 102 spaces because of other requirements. Commissioner Johnson suggested it is the landscaping requirements that might not allow them to meet the requirements. Mr. Madison concurred. Mr. Loeffler stated they can deal with that by showing the 100 spaces until the Miller Ranch Road is constructed. Commissioner Johnson stated he would like to reduce the number of spaces to 105. Everyone agreed. Mr. Loeffler reviewed the language. He asked about the timing and the issuance ofthe TCO on the second structure. He suggested the same issue comes up in paragraph 11 which is regulated by the occupancy permit of the restaurant. He suggested that be changed to the same language. Commissioner Johnson suggested all the handicapped parking spaces will be provided. He doesn't see it necessary to put a date certain. Discussion continued on the review of the regulation. Commissioner Johnson moved to table the Resolution for approval of the Special Use Permit for Edwards Station, East West Partners, file number ZS-00033 to January 25, 1999. Commissioner Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Agreement, Town of Eagle/Eagle Ranch Annexation Plat Bob Loeffler, Attorney, presented the Intergovernmental Agreement between Eagle County and the Town of Eagle for assignment of Brush Creek Stables Subdivision Improvements Agreement and collateral. He stated they have to withdraw this as the IGA has not been done. It is in connection with the proposed annexation. Commissioner Johnson asked when this will be done. 3 01-19-1999 Rick Plyman, Jamar & Associates, stated it has been submitted to the Attorney's office for review and that should be able to be done next week. The second issue, the plat, involves the County as a property owner. He stated they have asked the County to sign the plat as the owner. They have signed it. He spoke to the third annexation petition and the signing by the owner. He stated the Town of Eagle has approved the annexation. Now the plat must be signed. He stated the Brush Creek Stables is more complicated. Commissioner Johnson moved to table the IGA, Town of Eagle and the approval Eagle Ranch Annexation Plat to February 1, 1999. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanImous. Resolution 99-013, Housing Revenue Bonds Chairman Phillips, presented Resolution 99-013, setting forth the intention of the County of Eagle to issue Multi-Family Housing Revenue Bonds to finance acquisition of Riverview Apartments. Commissioner Johnson moved to approve Resolution 99-013, setting forth the intention of the County of Eagle to issue Multi-Family Housing Revenue Bonds to finance acquisition of Riverview Apartments. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanImous. Commissioner Johnson moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanImous. Dusty Boot Saloon Earlene Roach, Liquor Inspector, presented a renewal of a hotel and restaurant license for Boulder Beaver LLC, dba/Dusty Boot Saloon. She stated this application is in order and all fees have been paid. The Sheriffs Office reports no complaints or disturbances during the past year. Staff recommended approval. Steve Progar, applicant, was present for the hearing. Commissioner Johnson asked about TIPS training and if all employees have been TIPS trained. Mr. Progar responded positively. Commissioner Johnson moved to approve the renewal of a hotel and restaurant license for Boulder Beaver LLC, dba/Dusty Boot Saloon. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanImous. Eagle's Nest Restaurant Earlene Roach presented a managers registration for Jeffrey Whiteside, Vail Food Services, Inc., dba/Eagle's Nest Restaurant. She stated this application is in order and all fees have been paid. Mr. Whiteside is reported to be of good moral character. Staff recommended approval. Karen Devotney, legal council for Vail Resorts, stated Jeffrey was not able to be present but she understands that he has been present numerous times beforehand. Ms. Roach confirmed. 4 01-19-1999 Commissioner Johnson moved to approve the managers registration for Jeffrey Whiteside, Vail Food Services, Inc., dba/Eagle's Nest Restaurant. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanImous. Saddleridge at Beaver Creek Earlene Roach presented a managers registration for Jeanne McCann, Beaver Creek Food Services, Inc., dba/Saddleridge at Beaver Creek. She stated this application is in order and all fees have been paid. Ms. McCann is reported to be of good moral character. Staff recommended approval. Ms. McCann was present for the hearing. Commissioner Johnson asked if she is TIPS trained. Ms. McCann stated she is. Commissioner Johnson asked how long she has been in the restaurant business. Ms. McCann stated since she was 21. She has been at Saddle Ridge for five years. Commissioner Johnson moved to approve the managers registration for Jeanne McCann, Beaver Creek Food Services, Inc., dba/Saddleridge at Beaver Creek. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unammous. Broken Arrow Cafe Earlene Roach presented a managers registration for Scott Fritzler, Beaver Creek Food Services, Inc., dba/Broken Arrow Cafe. She stated this application is in order and all fees have been paid. Mr. Fritzler is reported to be of good moral character. Mr. Fritzler was present for the hearing. Commissioner Johnson asked ifhe is TIPS trained. Mr. Fritzler responded he is and his staff all are. He stated he has been in the restaurant business for about twenty years. Commissioner Johnson moved to approve the managers registration for Scott Fritzler, Beaver Creek Food Services, Inc., dba/Broken Arrow Cafe. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanImous. Mid-Vail Restaurant Earlene Roach presented a modification of premises for Vail Food Services, Inc., dba/Mid-Vail Restaurant. She stated the applicant proposed to add additional covered seating. This application is in order and all fees have been paid. The Sheriff's Office reports no complaints or disturbances during the past year. Staff recommends approval. Commissioner Phillips questioned the map and noted she can't see the difference. John Bailey was present for the hearing. Mr. Bailey explained the footprint is the same but they have enclosed the picnic area by adding a covered structure. Commissioner Johnson asked how the premise is delineated. Mr. Bailey responded by signage. He stated they use ski racks and the edge of the picnic tables. In the summer they would put up split rail fences when needed. 5 01-19-1999 Commissioner Johnson moved to approve the modification of premises for Vail Food Services, Inc., dba/Mid-Vail Restaurant. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unammous. Spruce Saddle Restaurant Earlene Roach presented an application for modification of premises for Beaver Creek Food Services, Inc., dba/Spruce Saddle Restaurant. She stated the applicant is proposing to enlarge the Birds of Prey area to accommodate the 1999 ski championships. This application is in order and all fees have been paid. The Sheriffs Office reports no complaints or disturbances during the past year. Staff recommended approval. Steve Rose, Manager of Spruce Saddle and Chad Anderson, Food and Beverage Manager for Beaver Creek during the World Championships were present. Commissioner Phillips asked if they intend on building anything specifically. Mr. Rose stated they will delineate by split rail fences and tenting. Commissioner Johnson asked if this is a temporary fix for the event or will it be permanent. Mr. Anderson responded it will be just for the event. Ms. Roach stated they will have to do a modification to return it to its original structure. Commissioner Johnson asked about conditioning it. Ms. Black stated they could voluntarily come in for the modification. She stated it is specified it is for the ski championships, the applicant has the responsibility to come back in. Commissioner Johnson questioned them restricting it or rescinding it. Ms. Black suggested the license that is being given could be rescinded. Commissioner Phillips asked if they only plan on using this for the championships and once it is over they do not intend to come in again. Commissioner Johnson moved to approve the modification of premises for Beaver Creek Food Services, Inc., dba/Spruce Saddle Restaurant with the understanding it has been presented that this will be used only for the 1999 World Alpine Ski championships. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unammous. Champions Grill Earlene Roach presented a new application for a hotel and restaurant license for Monet's Tavern, Inc., dba/Champions Grill. She stated this establishment has been in business for the past ten years but let their license expire and had to re-apply. Since this establishment has been in business the Board can find the neighborhood and the needs of that neighborhood have previously been established. The application is in order and all fees have been paid. Cathy Dockery is 80% owner and is reported to be of good moral character. Dolores Johnson is 20% owner and the manager. There are several reports from the Sheriffs Office for 1995,1996 and 1998 included in the Boards packets. Staff recommended approval. Chairman Phillips questioned not presenting the needs of the neighborhood. Commissioner Johnson moved to establish the neighborhood to be two miles from the establishment. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanImous. 6 01-19-1999 Commissioner Johnson moved to establish the need for a hotel and restaurant license for Monet's Tavern, Inc., dba/Champions Grill. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanImous. Ms. Roach asked the Board to review the reports submitted. Commissioner Johnson asked Dolores if she has a drinking problem. Ms. Johnson responded no. He stated the reports indicate the problems have happened after she has been drinking. Ms. Johnson stated she quit drinking last fall. Chairman Phillips asked if Mr. Johnson is still around. Ms. Johnson responded the are separated. Commissioner Johnson moved to approve a new application for a hotel and restaurant license for Monet's Tavern, Inc., dba/Champions Grill. He asked that when this does come back next year that they have a look at the manager's behavior between now and that time. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unammous. Commissioner Johnson thanked the management for the efforts they have made since issues were brought forward before. EI Jebel Convenience Store Earlene Roach presented a renewal of a 3.2% Beer License for El Jebel LLC, dba/El Jebel Convenience Store. She stated this application is in order and all fees have been paid. The Sheriff s Office reports no complaints or disturbances during the past year. Staff recommended approval. David See was present for the hearing. Commissioner Johnson reviewed the location and asked about beer business. Mr. See stated it is mostly Sundays. Commissioner Johnson stated he has seen no problems in the neighborhood. Commissioner Johnson moved to approve the renewal ofa 3.2% Beer license for El Jebel LLC, dbalEl Jebel Convenience Store. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanImous. Quattros Coffeehouse Earlene Roach presented a renewal of a tavern license for Four Friends, Inc., dba/Quattros Coffeehouse. She stated this application is in order and all fees have been paid. The Sheriff s Office reports no complaints or disturbances during the past year. Staff recommended approval. David Leach was present for the hearing. He is one of the four friends. He stated liquor is not a big part of their business. He stated it has been a very good year. Commissioner Johnson moved to approve the renewal of a tavern license for Four Friends, Inc., dba/Quattros Coffeehouse. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unannTIOus. Commissioner Johnson moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. 7 01-19-1999 Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unammous. AFP-00056, McCune Subdivision Eric McCafferty, Planner, presented file number AFP-00056, McCune Subdivision. He stated this was a request to reconfigure Lots 1 & 2 of the McCune Subdivision and to add acreage shown as Parcel B. The applicant proposes to amend the boundaries ofthe subdivision lots to decrease the size of Lot 1 to .575 acres and increase the size of Lot 2 to 1.881 acres. These lots would be inclusive of the .40 acres of land that was previously deducted from the individual lots. Mr. McCafferty spoke to the considerations and staff recommended approval with conditions. Commissioner Johnson asked if there is just the one condition. Tom Boni, Knight Planning, was present for the hearing representing the applicant, Sean McCune. He stated he is happy to answer any questions the Board may have. Commissioner Johnson moved to approve file number AFP-00056, McCune Subdivision, incorporating Staff findings and the one condition. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unammous. Galligan/Hardscrabble Appeal Paul Clarkson, Planner, presented an appeal of staff determination for Galligan/Hardscrabble. He stated this relates to Hardscrabble Creek Subdivision, three miles south of Gypsum. Mr. Clarkson suggested that this application will not be possible as much ofthis is platted "open space" and is no longer available for subdivision for residential purposes. Paul Galligan was present for the hearing along with Wendall Porterfield, council for the applicant. Mr. Porterfield stated they received a letter stating the application will not be processed. Mr. Porterfield stated he is unaware of the policy referred to and that being the case, it is their position the application should be accepted on its merits. He stated that is their question and their request. He stated they are not here today to ask for approval, but they would like the application reviewed on its merits. Commissioner Johnson asked what they are to look for and what are the findings to have an appeal. Ms. Black stated this is under the appeal to the Director of Community Development. She stated it was interpreted the application was not complete because it is for something that is not allowed as it has be platted as open space. Paul Galligan stated the plat is dated 1981. He purchased this in 1972 and this was always lot 30. He met with the other land owners at the time and asked about having an area that all could use. It was never deeded. When the subdivision was vacated after foreclosure, he began getting tax bills. He stated when he discussed this with Mrs. Phillips last summer, he had his application in. He wants to build two homes. The application was in May of 1997. He never got an answer. He stated it was never open space, and he was paying taxes on it. He referred to the plat which he sent in. He spoke of Pete Nolan's acre and Mr. Lucas'. He stated when he goes down to the Clerk's office looking for the original plat, its not there. Only that of 1981. Mr. Porterfield stated there has not been a failure to submit documents. The only contention is "the policy" but it can't be pointed to in writing that they are not to accept an application platted as open space. Commissioner Phillips asked if they have received any letters of opposition or that this is and has been a recreation area. 8 01-19-1999 Mr. Clarkson pointed out the partial vacation and the purchase of lots. He stated there is a platted park and recreation area. Mr. Galligan spoke to a letter he has from Mr. Carey stating he purchased the lots and that his lot was best suited for two residential lots. He spoke to the letter from the Town of Gypsum and their plan to expand the line. He stated he wrote a letter to the property owners and they asked what he is going to do. They didn't want trailers. He is building one log home for himself and a single family home. Commissioner Phillips asked the date of the plat. Mr. Clarkson stated that was in 1991. Mr. Galligan stated at that time, he was here. He stated he didn't then have the funds to build. Mr. Galligan explained the chain of events and his realization the lot had been vacated. He stated starting in 1991 he was getting bills as recreation. Before that, he was paying as a lot. Commissioner Johnson asked if when the tax status changed if it was mentioned. Mr. Galligan stated yes he did and he spoke with Terry Quinn. He came to the Assessors office and wrote a letter accordingly in February 1992. He stated when he returned he talked with Mr. Quinn and Darrell White who confirmed the plat. He stated they submitted it then and heard nothing. Mr. Clarkson stated what he is applying for is in conformance with the existing zoning. Commissioner Johnson asked how the space got platted without the owner doing so. He questioned who replatted this. Mr. Clarkson suggested it is three property owners who had different interest but not in this lot. Chairman Phillips stated if he owns this lot, how did it get replatted without his input. Mr. Clarkson stated the park and recreation label was put orii111981. Ms. Black suggested that what they are reviewing today; is whether tJ1ey will hear this. Commissioner Johnson suggested they need to determipe if this is or isn't open space. Chairman Phillips suggested ifit was done in error, they,need to find out how and why. Commissioner Johnson suggested this should be taken under the Board's review. Mr. Clarkson stated he does not believe that this particular lot has ever been replatted. He stated it was originally platted as such. Chairman Phillips stated she remembers when this came in the 1970's and the discussion. She asked how Mr. Galligan retained lot 30 during the foreclosure. Mr. Galligan stated that lot was not included. He stated he has contracts with Nick and his first montage on certain lots. He stated when he was approved for Hardscrabble subdivision, it was not included. He explained his discussion with the other property owners. He stated in his covenants there is not mention of dedication and there has been no deeding. He stated he doesn't know how it happened. Mr. Galligan stated the Clerk and Recorder showed this as the original plat. Chairman Phillips suggested he should find the original plat. Mr. Clarkson stated he doesn't believe there is an original plat. Ms. Black asked if Mr. Galligan signed the 1981 plat? Mr. Galligan stated that is his signature. Commissioner Johnson stated it is the same plat that shows it as park and recreation. He stated in looking at the plat it is clearly shown as park and recreation. At that time, what he signed his name to was what he figured it was. He suggested the question is whether the Board wishes to change its policy. Mr. Clarkson suggested it is whether the Board wants to direct staff to accept applications. Mr. Porterfield spoke to a Colorado Supreme Court Case so that it can be part of the record. 9 01-19-1999 Commissioner Johnson moved to close the hearing for the appeal for Galligan/Hardscrabble, incorporating staff findings allowing them to review the information presented today. Chairman Phillips seconded the motion and accepted the Court case into the record. Of the two voting Commissioners the vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until January 25, 1999. Attest: Clerk to the Bo 10 01-19-1999