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HomeMy WebLinkAboutMinutes 05/17/99 PUBLIC HEARING MAY 17,1999 Present: Johnnette Phillips Tom Stone James Johnson, Jr. James Fritze James Hartmann Sara J. Fisher Chairman Commissioner Commissioner County Attorney County Administrator Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: Consent Agenda Chairman Phillips stated the first item on the agenda was the consent agenda as follows: A) Approval of bill paying for week of May 17, 1999, subject to review by County Administrator B) Approval of payroll for May 20, 1999, subject to review by County Administrator C) Approval of the minutes of the Board of County Commissioners meeting of May 3, 1999 D) Project Agreement for East Brush Creek Road No. 415 and Hat Creek Road No. 416 between Eagle County and USDA Forest Service E) Resolution 99-072, appointing Robert Levine as Director of Lake Creek Affordable Housing Corporation F) Revision of the Title III Alpine Area Agency on aging notification of grant G) Fifth Amendment to Agreement with UGC Consulting for professional services for GIS implementation plan. Commissioner Johnson moved to approve the consent calendar as presented. Commissioner Stone seconded the motion. The vote was declared unanimous. Plat & Resolution Signing Scot Hunn, Planner, presented the following plats and resolutions for the Board's consideration: 5MB-00183. Lot 4. Berry Creek Ranch. Filing No.1. He stated this was a Minor "Type B" Subdivision, a resubdivision of Lot 4 to create two lots, Lot 4 A and Lot 4 B along with an access and utility easement for both lots. This plat does contain a duplex split caveat stating that only one (1) two-family residence may be built on the combined area of the two lots. Commissioner Stone moved to approve final plat file number 5MB-00183, Lot 4, Berry Creek Ranch, Filing No.1, incorporating staff findings. Commissioner Johnson seconded the motion. The vote was declared unanimous. Resolution 99-073 Supplementary Budget Terry Lowell, Finance Director, presented Resolution 99-073, adopting a supplementary budget and appropriation of unanticipated revenues for fiscal year 1999, and authorizing the transfer of 1 05-17-1999 budgeted and appropriated monies between various spending agencies. He explained the resolution relating to the Social Services fund as the original 1999 budget was done there was a large amount of funds transferred to the Capital Improvements Fund, which as indicated now, was too much money. Commissioner Johnson questioned the 200 thousand dollars and if the fund balance was to hover around zero. James Hartmann, County Administrator, explained they tried to maintain 15% in each fund. He stated it is not typical to have transfers throughout the year. He explained the reasoning for the transfer to the Capital Expenditures Fund. Commissioner Johnson stated for budgetary purposes, the County will not run out of funds for the Social Services Department. He questioned the building inspectors budget for the purchase of a lap top computer for $4500.00. Mary Kessler, Community Development, explained the expenditure to the Board. Discussion continued on the different lap tops and programs available. Keith Montag, Director of Community Development, stated they are currently interviewing for the additional staff needed. Chairman Phillips questioned the magnifier. Kathleen Forinash, Director of Health & Human Services, explained the reader was for the semors. Commissioner Stone questioned the water shed coordinator. Ray Merry, Environmental Health Officer, explained the possible grant and the needed position. He continued to explain the process. He stated the County is currently not spending any funds this proposal but establishing the account. He stated when and if the grant is received, the County will have the responsibility to match those funds. If the grant is for $20,000.00 the County will also put in $20,000.00. He stated he did not know how much the grant would be for. Commissioner Johnson moved to approve Resolution 99-073, adopting a supplementary budget and appropriation of unanticipated revenues for fiscal year 1999, and authorizing the transfer of budgeted and appropriated monies between various spending agencies. Commissioner Stone seconded the motion. The vote was declared unanimous. Proclamation, Older Americans Month Kathleen Forinash, Director of Health & Human Services, presented a proclamation declaring Mayas Older Americans Month. She explained the proclamation to the Board. Several older Americans were present to made a presentation of a torch and items of homemade food. Commissioner Stone moved to approve the proclamation declaring Mayas Older Americans Month. Commissioner Johnson seconded the motion. The vote was declared unanimous. Commissioner Johnson moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Commissioner Stone seconded the motion. The vote was declared unanimous. Asia Earlene Roach, Liquor Inspector, presented a new application for a hotel and restaurant license for Design by Teresa, Inc., dba/Asia. She stated the first order of business is to establish the neighborhood and then the needs of that neighborhood. She recommended the neighborhood be from 2 05-17-1999 the establishment in a three mile radius. Commissioner Johnson moved to establish the neighborhood for Design by Teresa, Inc., dba/Asia, as from the establishment in a three mile radius. Commissioner Stone seconded the motion. The vote was declared unanimous. Ms. Roach presented a petition of signatures as submitted by the applicant showing the needs of the neighborhood. Commissioner Stone moved to establish the needs of the neighborhood as evidenced by the submitted petition and testimony. Commissioner Johnson seconded the motion. The vote was declared unanimous. Ms. Roach stated this application is in order and all fees have been paid. The Sheriff s Office reports all applicants to be of good moral character. Staff recommended approval. Theresa Yee and Henry Yee Kunter, applicants, were present and answered questions from the Board. Mr. Kunter stated they owned a restaurant in Vail called Nozawa for several years. He stated that license was a Beer and Wine license and has been surrendered to the Town of Vail. Commissioner Johnson moved to approve the application for a hotel and restaurant license for Design by Teresa, Inc., dba/Asia. Commissioner Stone seconded the motion. The vote was declared unanimous. Trappers Cabin Earlene Roach presented a managers registration for Aaron Vasholz, Beaver Creek Food Services, Inc., dba/Trappers Cabin. She stated this application is in order and all fees have been paid. The Sheriff s Office reports Mr. Vasholz to be of good moral character. Karen Novotny and Aaron Vasholz were present for the hearing. Mr. Vasholz stated he has worked at Trappers Cabin for the past five years under the old manager and is TIPS trained. Commissioner Stone moved to approve the managers registration for Aaron Vasholz, Beaver Creek Food Services, Inc., dba/Trappers Cabin. Commissioner Johnson seconded the motion. The vote was declared unanimous. Tramonti Earlene Roach presented a change in corporate structure for 1. K. & F. Corporation, dba/Tramonti. She stated the applicant is requesting this matter be tabled until June 14, 1999 as he could not be present. Commissioner Johnson moved to table the change in corporate structure for J. K. & F. Corporation, dba/Tramonti, until June 14, 1999 at II :30 a.m. Commissioner Stone seconded the motion. The vote was declared unanimous. Red Tape Merchants Association Earlene Roach presented a special events permit application for Red Tape Merchants Association, dba/Beaver Creek Culinary Council. She stated this application is for June 5 & 6, 1999 from 10:00 a.m. to 5 :00 p.m. in the Beaver Creek Market area. Barbara Andrews, applicant, is present to answer any questions. Staff recommended approval. Ms. Andrews answered questions from the Board and explained the proposed event. Commissioner Johnson moved to approve a special events permit for Red Tape Merchants Association, dba/Beaver Creek Culinary Council, for June 5 & 6, 1999 from 10:00 a.m. to 5:00 p.m. Commissioner Stone seconded the motion. The vote was declared unanimous. 3 05-17-1999 Wildhorse Bistro at the Inn at Riverwalk Earlene Roach presented an application for managers registration for Bill McFarlane, Wild Horse Bistro, Inc., dba/Wildhorse Bistro at the Inn at Riverwalk. She stated the applicant could not be here ans is requesting this application be tabled to June 14, 1999 at 11 :30 a.m. Commissioner Stone moved to table the managers registration for Bill McFarlane, Wild Horse Bistro, Inc., dbalWildhorse Bistro at the Inn at Riverwalk to June 14, 1999 at 11 :30 a.m. Commissioner Johnson seconded the motion. The vote was declared unanimous. Commissioner Stone moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Commissioner Johnson seconded the motion. The vote was declared unanimous. PDA-00018, Lower Bachelor Gulch, Density Transfer Eric McCafferty, Planner, presented file number PDA-00018, Lower Bachelor Gulch, Density Transfer. He stated this was a request to transfer 10 units of residential density form Tracts J, L, 0 and Q to Tract U Lower Bachelor Gulch Village. Staff recommended approval. He stated the original density was amended down to 691 units. He reviewed staff findings as follows: Pursuant to Article 5-240(F)(3)(m) of the Eagle County Land Use Regulations (Amendments to PUD Review): 1) That proposed amendment is consistent with the efficient development and preservation of the entire PUD; 2) That the proposed amendment does not affect in a substantially adverse manner either the enjoyment of the land abutting upon or across the street from the PUD or the public interest; and 3) That the proposed amendment is not granted solely to confer a special benefit on any person. Peter Jamar, Jamar & Associates, stated this is a minor housekeeping item. He stated he will answer any questions the Board may have. Commissioner Johnson stated the units are going from multi-family cluster to mountain lodges. Mr. Jamar stated the project is proposed as a condominium project. Commissioner Johnson moved to approve file number PDA-00018, Lower Bachelor Gulch, Density Transfer, incorporating staff findings. Commissioner Stone seconded the motion. The vote was declared unanimous. AFP-00060, Cordillera Subdivision, Filing 24, Lot 13 Eric McCafferty presented file number AFP-00060, Cordillera Subdivision, Filing 24, Lot 13. He stated this was a request to remove the Primary/Secondary land use description and replace it with a Single Family land use. Staff recommended approval. He stated it is staff determination that all issues have been addressed. He read staff findings as follows: The following findings are made consistent with Section 1.05.2 and Section 1.05.4 of the Third Amended and Restated Cordillera Planned Unit Development Control Document, dated March 18, 1999; 1) The Amended Final Plat is consistent with the established goals of Cordillera and supports the stated intent of the Planning Parcel; 2) The Amended final Plat does not negatively impact adjacent land uses or the ability to implement the provisions of the PUD Guide; 3) It is found that this Amended Final Plat will accommodate anticipated changes in the resort industry . 4 05-17-1999 Kathy Eastley, representing Cordillera, was present to answer questions. Commissioner Stone questioned the mechanism used to track this kind of transfer. Mr. McCafferty stated the mechanism is the final plat, which shows the original designation and a new final plat that will show the removal of that designation. Commissioner Johnson questioned ifthe plat shows the number of units in the unit pool. Ms. Eastley stated the applicant does a listing of how many units have been platted on each plat. She stated there is a maximum number of units involved. She stated there is an allowance for 46 caretaker units, which have been platted with the primary/secondary units. She stated there are two remaining caretaker units left in the pool and those may be built anywhere on the ranch with certain stipulations. Mr. McCafferty stated during his review of this application he went back to verify the number of units built and the number left in the pool. Ms. Eastley stated previously the caretaker units were not platted. Commissioner Stone moved to approve file number AFP-00060, Cordillera Subdivision, Filing 24, Lot 13, incorporating staff findings. Commissioner Johnson seconded the motion. The vote was declared unanimous. AFP-00059, Cordillera Subdivision, Filing 24, Bearden Parcel, Lot 4 Terri Bernath, Planner, presented file number AFP-00059, Cordillera Subdivision, Filing 24, Bearden Parcel, Lot 4. She stated this was a request to revise the building envelope. Staff recommended approval. She stated there were no concerns from the referral responses. She noted that one of the adjacent property owners (Lot 5) did not submit a letter of approval. Ms. Bernath read staff findings as follows: The Board of County Commissioners and the Community Development Director shall consider the following in review of an Amended Final Plat pursuant to Section 5.290.G.2 ofthe Eagle County Land Use Regulations; a) The Amended Final Plat DOES NOT adversely affect adjacent property OWflers; b) the Amended Final Plat IS consistent with the intent of the Final Plat; c) The Amended Final Plat DOES conform to the Final Plat requirements and other applicable regulations, policies and guidelines; d) The Subdivision Improvements Agreement IS adequate. No SIA is required; e) This amendment IS NOT an alteration of a restrictive plat note; And, Pursuant to Section 1.05.3(vii) of the Fourth Amended and Restated Cordillera PUD Guide dated August 31,1998; a) The proposed amendment DOES NOT substantially impact in an adverse manner the view corridor of any property owner to whom notice of the proposed building envelope amendment has been sent, or is required by geologic or other hazard considerations; b) The envelope change DOES NOT adversely affect wildlife corridors; c) The envelope DOES NOT adversely impact ridge lines nor create any increase in impacts to ridge lines; '~'. d) The envelope amendment IS NOT inconsistent with the interitofthe Final Plat; and e) The envelope amendment IS NOT an alteration of a restrictive 'plat note. Commissioner Stone moved to approve file number AFP-00059, Cordillera Subdivision, Filing 24, Bearden Parcel, Lot 4, incorporating staff findings as read. Commissioner Johnson seconded the motion. The vote was declared unanimous. 5 05-17-1999 'PDF -00031, Final Plat, Bachelor Gulch Village, Filing 3 Scot Hunn presented file number PDF-00031, Final Plat, Bachelor Gulch Village, Filing 3, a resubdivision of Tract T-3. He stated this was a request for final plat. Staff recommended approval. Mr. Hunn read the findings as follows: Pursuant to Section 5-280.B.5.b(3), Final Plat for Subdivision, Action by the Board of County Commissioners of the Eagle County Land Use Regulations, the following findings are made; a) The Final Plat DOES conform to the approved Preliminary Plan for Subdivision for Lower Bachelor Gulch Village, Filing No.3; And; Pursuant to Section 5-280.B.3.e, Standards, of the Eagle County Land Use Regulations, the following findings are made; 1) The proposed subdivision IS consistent with the Eagle County Master Plan and the FLUM of the Master Plan; 2) The proposed subdivision DOES comply with all ofthe standards of this Section and all other provisions of these Land Use Regulations, including but not limited to, the applicable standards of Article 3, Zone Districts, and Article 4, Site Development Standards; 3) The proposed subdivision IS located and designed to avoid creating spatial patterns that cause .inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a leapfrog pattern of development; 4) The property proposed to be subdivided IS suitable for development, considering its topography, environmental resources and natural or mad-made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area; 5) The proposed subdivision IS compatible with the character of existing land uses in the area and will not adversely affect the future development of the surrounding area. Commissioner Johnson moved to approve file number PDF-00031, Final Plat, Bachelor Gulch Village, Filing 3, a resubdivision of Tract T-3, incorporating staff findings. Commissioner Stone seconded the motion. The vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until May 24, 1999. 6 05-17-1999