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HomeMy WebLinkAboutMinutes 07/12/99 PUBLIC HEARING JULY 12, 1999 Present: Johnnette Phillips Tom Stone James Johnson, Jr. James R. 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 record was the consent agenda as follows: A) Approval of bill paying for weeks of July 12 & 19, 1999, subject to review by County Administrator B) Approval of payroll for July 15, 1999, subject to review by County Administrator C) Approval of the minutes of the Board of County Commissioners meeting of June 28, 1999 D) Resolution 99-113 releasing collateral and terminating the Construction Improvements Agreement for Cordillera Subdivision, North East Water Main E) Change Orders 38 & 39 for the Grandstands Contract with Evans Mendel Allison F) Change Order 14 for the Grandstands Contract with Evans Mendel Allison G) Fair & Rodeo additional entertainment, Duane Reichert H) Fair & Rodeo additional4-H Judges, Anne Kraus Davis, Wanda Redmond, Urban Quint, Jean Wood and Clint Schwab I) Agreement between Eagle County Health & Human Services and Joel Karr J) Agreement between Eagle County Health & Human Services and Karen Laloy Smith K) Agreement between Eagle County Health & Human Services and Jose Banuelos L) Alpine Bank Automated Clearing House (ACH) Origination Agreement M) Resolution 99-114 and Power of Attorney conferring authority on the Attorney's Office to draw on Letter of Credit No. 204 for Stag Gulch Partners in the amount of $279,437.84, to expire July 15, 1999 for Filing 6 N) Resolution 99-115 and Power of Attorney conferring authority on the Attorney's Office to draw on Letter of Credit No.1 0139704 for Stag Gulch Partners in the amount of $93,308.27, to expire July 15, 1999 for Filing 7 0) Resolution 99-116 and Power of Attorney conferring authority on the Attorney's Office to draw on Letter of Credit No.205 for Stag Gulch Partners in the amount of $168,336.71, to expire July 15, 1999 for Filing 8 P) Resolution 99-117 and Power of Attorney conferring authority on the Attorney's Office to draw on Letter of Credit No.1 0 139703 for Kensington Partners in the amount of $1 0 1,151.84, to expire July 15, 1999 for Filing 16 Q) Resolution 99-118 and Power of Attorney conferring authority on the Attorney's Office to draw on Letter of Credit No.224 for Kensington Partners in the amount of $96,671.18, to expire July 15, 1999 for Filing 18 1 07-12-1999 R) Resolution 99-119 and Power of Attorney conferring authority on the Attorney's Office to draw on Letter of Credit No. 10139701 for Stag Gulch Partners in the amount of$12,262.30, to expire July 15, 1999 for Filing 23 S) Resolution 99-120 and Power of Attorney conferring authority on the Attorney's Office to draw on Letter of Credit No.1 01397230 for Stag Gulch Partners in the amount of$12,262.30, to expire July 15, 1999 for Filing 28 T) Resolution 99-121 and Power of Attorney conferring authority on the Attorney's Office to draw on Letter of Credit No. 10139705 for Stag Gulch Partners in the amount of $49,122.72, to expire July 15, 1999 for Filing 30 U) Resolution 99-122 and Power of Attorney conferring authority on the Attorney's Office to draw on Letter of Credit No. S406567 for Kensington Partners in the amount of $283,500.00, to expire July 15, 1999 for Filing 34 V) Resolution 99-123 and Power of Attorney conferring authority on the Attorney's Office to draw on Letter of Credit No. WSL890817 for Brett Ranch Holding LLC in the amount of $21,747.95, for Area D, CDOT Right-of-Way, to expire July 13, 1999 W) Resolution 99-124 and Power of Attorney conferring authority on the Attorney's Office to draw on Letter of Credit No. WSL890816 for Brett Ranch Holding LLC in the amount of $127,821.05, for Area D on site improvements, to expire July 13, 1999 X) Resolution 99-125 and Power of Attorney conferring authority on the Attorney's Office to draw on Letter of Credit No. WSL890818. for Brett Ranch Holding LLC in the amount of $30,806.18, for Area A, Lake Creek Village Drive, to expire July 13, 1999 Y) Resolution 99-126 and Power of Attorney conferring authority on the Attorney's Office to draw on Letter of Credit No. WSKK890819 for Brett Ranch Holding LLC in the amount of $1,851.85, for Area A, Off Site Improvements, to expire July 13, 1999 Z) Resolution 99-127 and Power of Attorney conferring authority on the Attorney's Office to draw on Letter of Credit No. WSL890820 for Brett Ranch Holding LLC in the amount of $161,443.15, for Area A, On Site Improvements, to expire July 13, 1999 AA) Agreement between Eagle County and McManis Associates, Inc BB) Exemption Plat, Eagle County Maintenance Service Center, Longview Subdivision, a resubdivision of Lot 2, Collins Subdivision, Town of Gypsum. Commissioners Stone and Johnson asked that the minutes be corrected to reflect Commissioner Johnson was not present for the hearing. On item E, Commissioner Johnson asked if the figure was final. Rich Cunningham, Director of Facilities Management, stated there is still one additional change with the electrical. Commissioner Johnson asked about a final cost. Mr. Cunningham suggested to add $20,000 to the $282,000. Commissioner Johnson asked about the railing and if it has been changed. Mr. Cunningham stated the railing is per code except for the ends. The will be adding a rope across the area with a caution. When people occupy the area as handicapped, it will be taken down. Commissioner Johnson asked about a permanent change. Mr. Cunningham stated if they would like him to do so, he will, but it is per code and he doesn't want to add something permanent that will effect the view. He suggested they may be able to put in a fold up railing. Commissioner Johnson asked him to look at a permanent fix. Mr. Cunningham stated he will do so immediately. Commissioner Johnson asked that item H be split out separately making CC Wanda Redmond, DD Urban Quint, EE be Jean Wood and FF be Clint Schwab. 2 07-12-1999 Chairman Phillips asked Kathleen Forinash to speak to the items I, J and K. She asked how long the contracts have been in effect. Kathleen Forinash, Director of Health & Human Services, responded a couple of years. Chairman Phillips asked with the low usage, how needed are their services. Ms. Forinash explained they have specialized treatment and offer a wide range of services. She stated they have no one on staff to handle this kind of service. Ms. Forinash explained the services they provide, the length of treatment and the types of services they provide. They require a monthly statement for services. Commissioner Johnson pointed out they have a not to exceed figure. Ms. Forinash explained these are maximum cases. Commissioner Stone asked if they have reached the maximum on item K. Ms. Forinash stated they have because these people are quite effective. Commissioner Stone asked for an explanation. Ms. Forinash explained that these are for high risk situations. She explained the programs can be used before the risks of permanent placement. She explained the funding for these programs. Commissioner Johnson asked what cost the County would bear without the replacement costs. Ms. Forinash stated for teenagers the cost is $2400 to $4000 per month for care. The County's cost is about 20%. Commissioner Johnson suggested the costs would be significantly higher without the programs. Commissioner Stone asked about item AA and extending the agreement after it has already expired. He asked if this could be done at the appropriate time instead of in arrears. Chairman Phillips asked why it wasn't completed. Ms. Forinash explained it went out to the various partners and then she was in Washington. All the final comments will be submitted today and all that remains is the production of the document and the public presentation. Chairman Phillips asked about the additional amount. Ms. Forinash stated there is no additional amount as they are being paid on the product. Chairman Phillips questioned the appropriation. Ms. Forinash stated it was appropriated in 1998 and it was not carried forward by the Finance Department into the supplemental. Commissioner Stone asked Mr. Loeffler about the resolutions and the powers of attorneys. He asked if these are the standard letters of credit. Bob Loeffler, Deputy County Attorney, stated there is nothing out ofthe ordinary. They are all expiring, they've made contact, but they have to be prepared if they are not renewed. Chairman Phillips asked if there was any notification that monies have been received. Mr. Loeffler stated he checked this morning. Commissioner Johnson moved to approve the consent calendar as amended by the Board other than item C to be voted on separately. Commissioner Stone seconded the motion. The vote was declared unanimous. Commissioner Stone moved to approve item C, the minutes of 6/28/99. Commissioner Johnson seconded the motion. Commissioner Stone and Phillips voting aye. Commissioner Johnson abstained. Resolution 99-130, Adopting Third Supplementary Budget Terry Lowell, Finance Director, presented Resolution 99-130 adopting a Third Supplementary Budget and appropriation of unanticipated revenues for fiscal year 1999 and authorizing the transfer of budgeted and appropriated moneys between various spending agencies. He explained the Resolution to 3 07-12-1999 the Board. Commissioner Stone asked about the listing of purchases of copier printer paper and why that is appearing in a supplemental at $7,200. Commissioner Johnson asked why the consumption has gone up so extensively. Mr. Lowell stated when they order paper they order 12 months at a time and sometimes more than 12 months. He explained they may use it up and if it isn't budgeted 12 months at a time it may need to be reordered. He stated in the past there was a large copier with a centralized copy service. In 1999, the budget allowed for departments to purchase their own machines. Commissioner Johnson stated most departments have always had copiers. He stated it doesn't make sense if you buy 18 months worth of paper why you wouldn't budget more at the appropriate time. Mary Kessler, Community Development, spoke to the need to budget for Y2K. Mr. Lowell stated that may be a small part of it but not the larger issue. Mr. Stone stated he would like to know what the real answer is and if it is just because it was not budgeted properly he can accept that. What he would find difficult to accept is if more copying is being done than should be. Mr. Lowell stated he spoke with Alicia and for the volume of paper being used by the departments, some have increased significantly. Commissioner Johnson suggested some may be needed for Community Development and some is needed in their department for the press. He suggested he and Commissioner Stone would like to look at the paper consumption and whether it is or isn't necessary. Mr. Lowell stated he would be happy to share the research he has done. Commissioner Stone spoke to the Berry Creek Special Assessment. He asked if they are just preparing for it. Mr. Lowell stated he is. Commissioner Stone spoke to the Y2K Contingency Expenses. Jim Hartmann, County Administrator, stated at some point in the past they did discuss it. There was a concern about having some financial contingency if there is the need to purchase generators and items as such. There is no authorization to spend at this time and they must come back to the Commissioners before such spending takes place. Normally this supplemental budget is the last one before the end of the year. The next one will reflect the final revised budget before the end of the year. Chairman Phillips asked if that also includes the earnest money for the Avon Office. Mr. Hartmann stated that money will have to be expended before the final adjustment. The option is due and we are dealing with that as we speak to be in a position to make that purchase. He explained we are anticipating in advance to avoid having to come up with additional funds later. Commissioner Stone asked about the $50,000 for the Road and Bridge site. Mr. Hartmann stated he planned on coming to the Board to see if they want to do some planning of that site. He stated that was money being set aside, and are not monies spent. There is not other money available for general planning. Commissioner Johnson stated they have a lot on their plate right now and ask to look at it during the regular budget process. Mr. Hartmann stated ifthey want to put some employee housing on that site they may want to have the planning process underway so that the building may be able to move forward more timely. Commissioner Stone suggested there is no approval to spend the funds and he would just as soon see it stay in this supplemental and carry forward if needed. Chairman Phillips stated that it is in the planning stage and she doesn't see any problem with leaving it in. Commissioner Johnson suggested he would just as soon see it come out and have a nice tight budget rather than having it sloshing around. He asked what key got missed regarding the Health and 4 07-12-1999 Human Services budget. Mr. Lowell stated he missed it. He stated there are still two pick up trucks that have not been listed for building department as well. There will then be a fourth adjustment. Chairman Phillips spoke to the 4% adjustment and the market adjustment for Social Services. Mr. Lowell explained his process for making the adjustment. Ifthere was something listed by program, there are portions of staff in those. It represents the FTE in those cases. Chairman Phillips asked about the duplication. Mr. Lowell stated it is done mechanically correct to cover the funds. Chairman Phillips asked if that is the same for the airport and housing. Mr. Lowell stated that is correct. Commissioner Johnson moved to approve Resolution 99-130, Adopting a Third Supplementary Budget and appropriation of unanticipated revenues for fiscal year 1999 and authorizing the transfer of budgeted and appropriated moneys between various spending agencies. Commissioner Stone seconded the motion. The vote was declared unanimous. Award of Bid, Landfill Scale, Bid Protest Ron Rasnic, Eagle County Landfill, stated the next item on the agenda was the award of the bid for the Landfill Pit-type scale and to consider a bid protest. He stated the bids were open June 1. There were two bids and Fairbanks bid was about $5000 lower than Cardinal. He explained his concern with compatibility with the equipment in the scale house and would prefer Cardinal. He explained Fairbanks submitted statements regarding compatibility and references to their equipment being used in conjunction with the Fairbanks. Commissioner Stone stated he then has two references in similar situations as ours, and asked if the research has changed his opinion. He stated they had originally gone with his previous recommendation. Mr. Rasnic stated he has no problem now using the Fairbanks scale having learned what he has. Commissioner Stone asked about reversing their decision to go with Fairbanks. Mr. Loeffler suggested they would move to grant the protest and grant the award to Fairbanks. Commissioner Johnson asked if there was additional information presented to the Board when this was first heard. There was no additional information submitted. Commissioner Stone moved to grant the protest and award the bid for the Landfill Pit-type scale to Fairbanks. Commissioner Johnson asked ifhe could receive the information that was provided to the Board previously. Mr. Rasnic provided that information to Commissioner Johnson. Commissioner Johnson seconded the motion. The vote was declared unanimous. Abstract of Appeals Jody Caruthers, Eagle County Assessor, presented the 1999 Abstract of Appeals. She stated the total number of protests were 3671. She handed out the protest log showing the detail of each schedule protested. She explained she also handed out a summary. She spoke to the changes they made by tax class which was provided to the Board. Chairman Phillips asked about an estimate of the number of protest hearings that will take place. They agreed it will be a third or approximately 1200. Mr. Caruthers also stated they received the preliminary audit report and have passed the audit. 5 07-12-1999 The Board thanked Ms. Caruthers for her presentation. Plat & Resolution Signing Scott Hunn did speak to the plat that was previously tabled and requested that being tabled to the 26th of July. Commissioner Stone stated this was a file that was tabled in Commissioner Johnson's absence and it is not yet ready for today. Discussion was held and it was questioned if the file could be tabled as far forward as August 2, 1999. Bob Loeffler stated after reviewing the statutes it could go to that date. Commissioner Stone moved to continue 5MB-OO 112 Highland Park to August 2, 1999. Commissioner Johnson seconded the motion. The vote was declared unanimous. Scot Hunn, Planner, presented the following plats and resolutions for the Board's consideration: Resolution 99-128. VIS-0002. Variation from Improvements Standards - Edwards Metropolitan District. He stated this was a resolution to approve the petition for a variance from the requirements ofSection(s) 4-620.J and 4-620.D, and Appendix C, of the Eagle County Land Use Regulations in order to construct improvements to Homestead Drive in Edwards to a lesser standard that required by the Eagle County Land Use Regulations. The Board considered this file on June 21, 1999. Commissioner Johnson moved to approve Resolution 99-128, file number VIS-0002, Variation from Improvements Standards, Edwards Metropolitan District. Commissioner Stone seconded the motion. The vote was declared unanimous. Resolution 99-129. PDA-OOOI0. PUD Amendment of the Arrowhead at Vail Planned Unit Development. He stated this was a resolution to approve the amendment to the Arrowhead at Vail PUD for Tracts C & D and Daybreak Ridge Road in Lower Bachelor Gulch Village to allow for certain height limitations to be increased, as well as change the size and / or shape of Tracts C & D and Daybreak Ridge Road and change the land use designation on Tract C from "Village Core" to "Open space and Recreation". Commissioner Stone moved to approve Resolution 99-129, file number PDA-000I0, PUD Amendment of the Arrowhead at Vail PUD. 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. Eagle County Government Earlene Roach, Liquor Inspector, presented an application for Special Events Permit for Eagle County Government, for the 1999 Eagle County Fair. She stated the event days are July 30, 1999 from 5:30 p.m. to 11 :30 p.m., August 5 & 6, 1999, from 5:00 p.m. to 11 :00 p.m., August 7, 1999, from noon to 11:30 p.m. and August 8, 1999 from noon to 3:00 p.m. The licensed premise will be the entire fairgrounds area, which will be fenced and all three entrances will be manned. This application is in order and all fees have been paid. Staff recommended approval. Rich Cunningham and Mike Millsaps, Facilities Management, were present for the hearing. 6 07-12-1999 Commissioner Johnson asked who is going to be responsible. Ms. Roach responded Jim Hartmann and Rich Cunningham. Rich Cunningham stated he will take responsibility for this license. Commissioner Johnson asked about control ofthe premise. Mr. Cunningham explained the perimeter and the fencing around the area. They will use the existing fence plus six foot chain link temporary fencing. He explained when the rodeo starts they will pick up two additional points to secure. There will then be three control points. Commissioner Johnson asked how they will control the access points. Mr. Cunningham stated they will have paid security and staff at each ofthe control entrances. Chairman Phillips asked about the security. Mr. Cunningham stated they have Eagle Access working as security, paid volunteers and TIPS trained staff from V A. Commissioner Stone moved to approve a Special Events Permit for Eagle County Government for the 1999 Eagle County Fair, for the event days being July 30, 1999 from 5:30 p.m. to 11:30 p.m., August 5 & 6, 1999, from 5 :00 p.m. to 11 :00 p.m., August 7, 1999, from noon to 11 :30 p.m. and August 8, 1999 from noon to 3 :00 p.m. Commissioner Johnson seconded the motion. The vote was declared unanimous. Commissioner Johnson asked what is happening July 30th. Mr. Milsapps stated it is bull-riding and it will be an extraordinary event. The Chaparral Earlene Roach presented a managers registration for Carey Brent for CVC Management LLC, dba/The Chaparral. She stated this application is in order and all fees have been paid. Mr. Brent is reported to be of good moral character. Staff recommended approval. Rick Rosen, Attorney representing CVC Management, LLC, and Carey Brent were present for the hearing. He introduced Mr. Brent. Commissioner Johnson asked be Mr. Brent how long he has been in the food and liquor business. Mr. Brent responded 29 years and with Cordillera since 1993. Commissioner Johnson asked if all employees are TIPS trained. Mr. Brent stated they are. Commissioner Johnson moved to approve the managers registration for Carey Brent, CVC Management, LLC, dba/The Chaparral. Commissioner Stone seconded the motion. The vote was declared unanimous. Riverwalk Wines and Spirits Earlene Roach presented a renewal of a retailliquor store license for Edwards Liquor Mart, Inc., dba/Riverwalk Wines and Spirits. 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. Terry Benedickt, owner, was present for the hearing. Commissioner Johnson asked about business. Ms. Benedickt said it was great. Commissioner Johnson recalled they discussed the number of retail operations in the area. He asked if they have trouble with under aged youth trying to purchase liquor. Ms. Benedickt stated they do have some that try, but no ID, no liquor. They do keep a log as well. 7 07-12-1999 Commissioner Stone moved to approve the renewal of a retail liquor store license for Edwards Liquor Mart, Inc., dba/Riverwalk Wines and Spirits. Commissioner Johnson seconded the motion. The vote was declared unanimous. Blue Moose Cafe Earlene Roach presented a renewal of a hotel and restaurant license for Pocantico Pizza, dbaIBlue Moose Cafe. 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. Brian Nolan, owner, was present for the hearing. Commissioner Johnson asked about the Pocantico Name. Mr. Nolan stated it is for an Indian tribe in New York and the name of his grade school. Commissioner Johnson moved to approve the renewal of a hotel and restaurant license for Pocantico Pizza, dba/Blue Moose Cafe. Commissioner Stone seconded the motion. The vote was declared unanimous. Inn at Beaver Creek Earlene Roach presented a managers registration for Brian Douglas Lew for Beaver Creek Food Services, Inc., dba/Inn at Beaver Creek. She stated this application is in order and all fees have been paid. Mr. Lew is reported to be of good moral character. Staff recommended approval. Karen Novotny, representing Beaver Creek Food Services, and Douglas Lew were present for the hearing. She stated Brian has been TIPS trained. Commissioner Johnson asked how long he has been in the hospitality industry. Mr. Lew stated in hospitality for twelve years and food and beverage for three years. He stated he has worked with Westin Hotels as Banquet Manager. Commissioner Stone moved to approve the managers registration for Douglas Brian Lew, Beaver Creek Food Services, Inc., dba/Inn at Beaver Creek. Commissioner Johnson seconded the motion. The vote was declared unanimous. Piney River Ranch Earlene Roach presented a managers registration for Ben Bajak, Piney River Ranch, Inc. She stated this application is in order and all fees have been paid. Mr. Bajak is reported to be of good moral character. Staff recommended approval. Karen Novotny, representing Vail Associates, and Ben Bajak, manager, were present for the hearing. Commissioner Johnson asked Ben what the boundaries of the premise are. Mr. Bajak stated they are posted around the restaurant at the ranch going approximately 200 yards to the south, 100 yards to the north. He stated they don't go to the stables but to the fields to the west. Commissioner Johnson asked about control. Mr. Bajak stated they have many people on site and they monitor those taking beverage on to and off of the property. Commissioner Johnson asked how long Mr. Bajak has been in the food and beverage business. Mr. Bajak stated 20 years with time at Mid-Vail, Fulton Ironworks and others. Commissioner Johnson moved to approve the managers registration for Ben Bajak, Piney River Ranch, Inc., 8 07-12-1999 Commissioner Stone seconded the motion. The vote was declared unanimous. Ms. Novotny explained an error on the application for Mr. Lew and that the name should read Brian Douglas Lew. Ms. Roach stated she will correct that. Peppers Mexican Grill Earlene Roach presented a new hotel and restaurant license application for Riverwalk Restaurant LLC, dba/Peppers Mexican Grill. She stated the first order of business is to establish the neighborhood then the needs of that neighborhood. Staff recommended the neighborhood be from the establishment in a two mile radius. She submitted the petition to the Chairman. Commissioner Stone moved to establish the neighborhood for Riverwalk Restaurant LLC, dba/Peppers Mexican Grill, as from the establishment in a two mile radius. Commissioner Johnson seconded the motion. The vote was declared unanimous. Ms. Roach presented a petition submitted by the applicant of 66 names as evidence of need. Commissioner Johnson stated there don't seem to be signatures from anyone in the two mile radius. Ms. Roach explained the signatures. Doug Cogswell, owner, stated they have located an area where there is tremendous need. He stated it will be one of two restaurants established as a quick service restaurant. This whole concept is similar to MexTex and Chipotle. He explained the product. He stated there are no waiters and waitresses. He thinks there is a large need for it. They are marketing to the local. Commissioner Johnson asked where they will be getting the alcohol. Mr. Cogswell explained the bar only shows six seats. They will come up to the bar and request the beverage or they will pick it up as they come through the line. The manager will ID at that point. Commissioner Johnson asked about bus people. Mr. Cogswell stated they will have one person that will clean up but most people will bus their own tables. Commissioner Johnson explained the concern is that without waiters, they will not have people monitoring the people drinking at the tables. Mr. Cogswell explained everyone will be TIPS trained. He stated this is not a large establishment and they will make sure that all are TIPS trained and he will be overseeing the site. Chad Anderson, manager, has worked for Vail Associates for eight years and is excited about this concept. He stated they plan on TIPS training all employees so all bases will be covered. Commissioner Johnson moved to establish the needs of the neighborhood as evidenced by the submitted petition and testimony given. Commissioner Stone seconded the motion. The vote was declared unanimous. Ms. Roach stated this application is in order and all fees have been paid. Mr. Cogswell is reported to be of good moral character. Staff recommended approval. Commissioner Stone moved to approve a hotel and restaurant license for Riverwalk Restaurant LLC, dba/Peppers Mexican Grill. Commissioner Johnson seconded the motion. The vote was declared unanimous. Chairman Phillips asked when this will open. Mr. Cogswell stated September 15. Jambalayas Cajun Grill Earlene Roach presented a new application for a hotel and restaurant for CNSC, dba/Jambalayas 9 07-12-1999 Cajun Grill. She stated the first order of business is to establish the neighborhood then the needs of that neighborhood. She recommended the neighborhood be from the establishment in a two mile radius. Ross Davis was present for the hearing and introduced Chris & Nicole Heiden, applicants. Mr. Davis stated they established the neighborhood as two miles from the establishment. Mr. Davis asked they adopt and approve the neighborhood as requested. Ms. Roach stated the application is in order and all fees have been paid. The applicants are reported to be of good moral character. Commissioner Johnson moved to establish the neighborhood as from the establishment in a two mile radius, for CNSC, dba/Jambalayas Cajun Grill at 101 West Main Street in Edwards. Commissioner Stone seconded the motion. The vote was declared unanimous. Ms. Roach handed the Board a petition submitted by the applicant of 158 signatures, one of those from Avon and one from Eagle. Mr. Davis spoke to the petition submitted and asked it be accepted. Chris stated the concept is Cajun and they are aware of two other restaurants that provide that food in Breckenridge and Glenwood Springs. Chairman Phillips asked if they will have bread pudding. Mr. Heiden stated they will. Commissioner Johnson asked when they will open. Mr. Heiden stated in November. Mr. Davis asked about TIPS training. Mr. Heiden stated he has managed numerous high volume liquor establishments. Commissioner Johnson asked Nicole about her background. She stated she has bartended at Red Lion, Vendettas, Cassidys. She has also done the books. Commissioner Johnson asked if they will be managing the restaurant themselves. Mr. Davis stated Chris will be the manager. Mr. Heiden stated the employees will all be TIPS trained. Chairman Phillips asked about the numbers of employees. Mr. Heiden stated 30 to 40 front and back of the establishment. Commissioner Stone moved to establish the needs of the neighborhood as evidenced by the submitted petition and testimony given. Commissioner Johnson seconded the motion. The vote was declared unanimous. Commissioner Johnson moved to approve an application for a hotel and restaurant license for CNSC, dba/Jambalayas Cajun Grill. Commissioner Stone seconded the motion. The vote was declared unanimous. Mirabelle at Beaver Creek Earlene Roach presented an application for transfer of ownership for Daniel's Foods, Inc., dbalMirabelle at Beaver Creek. She stated this application is in order and all fees have been paid. The applicants are reported to be of good moral character. Mr. & Mrs. Joly have been the managers of this establishment for the past several years. Staff recommended approval. Commissioner Johnson asked what Mr. Joly's position has been. Mr. Joly stated he has been the general manager and the executive chef. Commissioner Johnson asked if he has been involved with the liquor aspect as well as the food. Mr. Joly responded he has. Commissioner Stone moved to approve a transfer of ownership for Daniel's Foods, Inc., dba/Mirabelle's at Beaver Creek. Commissioner Johnson seconded the motion. The vote was declared unanimous. 10 07-12-1999 Wildhorse Bistro at the Inn at Riverwalk Earlene Roach presented a managers registration for Bill McFarlane, Wild Horse Bistro, Inc., dba/Wildhorse Bistro at the Inn at Riverwalk. She stated this application is in order and all fees have been paid. Mr. McFarlane is reported to be of good moral character. Staff recommended approval. Sandy Treat, owner, and Bill McFarlane, manager, were present for the hearing. Commissioner Johnson asked Mr. McFarlane how long he has been in the food and beverage servIce. Mr. McFarlane stated thirteen years, ten of those in Colorado. He was previously the manager at an establishment with Vail Food Services, Inc. He is TIPS trained and all of his staff will be as well. Commissioner Johnson moved to approve the managers registration for Bill McFarlane, Wild Horse Bistro, Inc., dba/Wildhorse Bistro at the Inn at Riverwalk. Commissioner Stone seconded the motion. The vote was declared unanimous. Tramonti Earlene Roach presented a change in corporate structure for J. K. & F. Corporation, dba/Tramonti. She stated the applicant is adding Jerome Weiss as an officer of the corporation and a stockholder. She stated Mr. Weiss is reported to be of good moral character. This application is in order and all fees have been paid. Staff recommended approval. Jerome Weiss, applicant, was present for the hearing. Commissioner Johnson asked if Mr. Weiss has ever owned a food and beverage establishment previously. Mr. Weiss stated he has not. He has been in restaurant management for twenty years and been at Tramonti since 1993. He was previously at Sweet Basil. Commissioner Stone moved to approve the change in corporate structure for J. K. & F. Corporation, dba/Tramonti, adding Jerome Weiss as an officer and stockholder. Commissioner Johnson seconded the motion. The vote was declared unanimous. Commissioner Johnson moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners Commissioner Stone seconded the motion. The vote was declared unanimous. AFP-00052, Amended Final Plat, Lot 1, Spring Creek Ranch Scot Hunn presented file number AFP-00052, Amended Final Plat, Lot 1, Spring Creek Ranch. He stated this was a request for amended final plat to change the shape of the platted building envelope. The new building envelope will be the same square footage as the existing envelope and will allow for better utilization of developable areas of the lot. He reviewed the referral responses as follows: 1. Engineering No Comment. 2. Surveyor Surveyor's Certificate has wrong date. 1. Cert. of Dedication and Ownership lists wrong area. 2. Monuments need to be shown on plat. 3. Show old building envelope to be vacated. 11 07-12-1999 3. Assessor Plat title ok. Mr. Hunn reviewed staff findings for the Board: Pursuant to Section 5-290 (G)(2) ofthe Eagle County Land Use Regulations: a) The proposed amendment does not adversely effect adjacent property owners; b) The proposed amendment is not inconsistent with the intent of the final plat; c) The proposed amendment conforms to the Final Plat requirements and other applicable regulations, policies, and guidelines; d) An improvements agreement is not applicable; e) The proposed amendment is not an alteration of a restrictive plat note. Staff recommended approval. Commissioner Johnson asked if the surveyor's concerns were resolved. Mr. Hunn responded they were. Chairman Phillips asked for public comment. There was none. Commissioner Stone moved to approve file number AFP-00052, Amended Final Plat, Lot 1, Spring Creek Ranch, incorporating staff findings and authorizing the Chairman to sign the plat. Commissioner Johnson seconded the motion. The vote was declared unanimous. Carol Ann Gravel Pit, Permit to Proceed Paul Clarkson, Senior Planner, presented a Permit to Proceed for the Carol Ann Gravel Pit. He stated this was a review of condition # 1 requiring submittal of information and permits prior to commencement of activity on site. He stated B&B Excavating was granted a conditional special use permit (ZS-380-95) by the Board of County Commissioners in November, 1996 for gravel pit operations on 30 acres of a 67 acre parcel owned by Carol Ann Schmidt. The applicant is requesting a "permit to proceed" with construction and operations of a gravel pit in conformance with the approval of that Special Use Permit. This request is made with the submittal of required information pursuant to Condition # 1 of that permit. He stated there were 15 conditions of the special use permit, one being the submission of the following information and permits to the Community Development Department for preparation of a resolution to be signed by the Board of County Commissioners. The signing of this resolution will be required for commencement of activity on this site: a. A revised legal description of the approved permit boundary; A revised legal description of the approved permit boundary has been submitted. b. A revised, approved site plan; The revised site plan submitted has been approved by Engineering Dept. c. An approved State Highway Access Permit; The applicant has submitted an (technically) approved State Highway Access Permit. d. An approved Railroad Crossing Permit; An approved Railroad Crossing Permit has been received. e. An approved MLRB Mining Permit; MLRB Permit #M-97-026 has been received. f. An approved Water Supply Plan or decreed augmentation plan; A court decreed water plan, Case #97-CW-138 has been submitted. g. Fire protection plan or service from the fire district; A letter of service from the Gypsum Fire Protection District has been received. 12 07-12-1999 h. An approved Gravel well permit (conversion of water rights for industrial uses); A Gravel well permit is not required as an approved water supply plan for all water needs has been submitted and approved. i. An approved Storm Water Management plan (SWMP); An approved Storm Water Management plan has been submitted. j. An approved Spill Prevention and Control Counter Measures (SPCC); An approved Spill Prevention and Control Counter Measures (SPCC) has been submitted.. k. An approved Fugitive Dust Control Plan or approved permit; An approved dust control plan has been submitted. 1. An approved Air Emissions Permit; An approved Air Emissions Permit, #97EA0350F, has been submitted. m. A BoCC approved Wildlife Mitigation Plan for the northern berm. The applicant and the CDOWare not in agreement on the terms and conditions of the Wildlife Mitigation Plan submitted. Wildlife Mitigation Plan Background - The Carol Ann Pit application was submitted with a mine plan that covered an area as depicted on Exhibit A. During the review process, the CDOW recommendation included comments which identified the Spring Creek drainage on the southeastern edge of the property, an unnamed drainage which ran almost the length of the property, and the northern berm east of the unnamed drainage as areas of wildlife habitat which should be protected. Based on those comments, the applicant submitted a revised site plan which excluded the Spring Creek drainage, the unnamed drainage and a portion (about halt) ofthe northern berm from the area to be mined and a written mitigation plan dated October, 1996. According to the CDOW, they did not receive a copy of this plan before it was submitted to the Board in November, 1996. The revised site/mining plan was approved by the Board of County Commissioners with various conditions, one of which was to submit a BoCC approved wildlife mitigation plan for the northern berm before operations commenced. From staff s perspective, and after considerable review of the previous application, it would appear that the mining plan was approved (removal of part of the northern berm), but that the mitigation ofthe berm after partial removal was not approved. The revised site/mining plan, upon approval by the Board, was submitted to the State DMGIMLRB and has subsequently been approved. He stated this covers about .7 acres. This Review Process - The applicant is now completing the requirements of Condition #1, part of which, is to submit an approved Wildlife Mitigation Plan for the northern berm. The Wildlife Mitigation Plan dated October, 1996 was referred to the CD OW during this process and their comments do not approve of the Mitigation Plan offered by the applicant. The CDOW contends that the northern berm should remain un-mined. The applicant, in this instance, believes that their efforts to compromise on this issue have been substantial and are not willing to leave the northern berm un-mined. They contend that leaving the Spring Creek drainage and the unnamed drainage un-mined and the northern berm partially intact with some replanting is appropriate mitigation of the project. An impasse now exists with respect to crafting a mutually acceptable plan and the applicant may not proceed without a resolution to this issue. While the Board of County Commissioners will ultimately approve an appropriate Mitigation Plan, staff offered the following compromise to both the applicant and the CD OW requesting comments on its adequacy. The elements are as follows: 1. Considering that the site/mining plan has been approved by both the Board and the 13 07-12-1999 State's MLRB, the mining plan which partially removes the northern berm should not be altered, 2. The replanting plan for the northern berm, which the CDOW indicates is inadequate, should be enhanced based on CDOW suggestions, and, 3. The applicant should make a one-time monetary contribution to a wildlife mitigation trust to be named by the CDOW for the area of disturbance on the northern berm, which is estimated to be less than one acre, at a minimum rate of 1 : 1 and not to exceed 5: 1. Comments on Compromise offered by staff - CD OW again commented that this proposal is "not adequate mitigation of wildlife impacts.", but offers a formula for determining #3 above. (Note: Calculation for the Principle Amount is incorrect in Mr. Heicher's letter. Z divided by 5% is the correct formula which results in $1,269.00) The applicant has agreed to provide $1,269.00 payable to the Gypsum Wildlife Trust for mitigation of the berm. Enhancing the replanting of the berm has been omitted from both responses. Staff is of the opinion that this additional monetary mitigation is appropriate and, taken with the already proposed mitigation plan, constitutes fulfillment of mitigation for the Carol Ann Pit permit under review. Mr. Clarkson stated the main purpose for today's meeting is to verify condition #1. He asked Bob Loeffler if the other items can be discussed at this hearing. Chairman Phillips asked why his concern. Mr. Clarkson state conditions 2 - 15 have been arrived at and were approved by the Board 2 and ~ years ago. Commissioner Johnson suggested this is not an amendment to the special use permit. Mr. Loeffler stated this isn't a review of the permanent conditions or compliance. Ifthere is some reason to review the conditions as a whole, there may need to be another hearing. Commissioner Johnson suggested 1m states that a Wildlife Mitigation Plan shall be submitted to the Board of County Commissioners and a resolution drafted and approved by the BoCC. He suggested they have missed a step in that process. Mr. Clarkson stated he understood the BoCC recognized 2 and ~ years ago there was a question regarding the northern half of the berm and that it was resolved prior to the approval of the special use permit. They are mitigating this by a donation to the Gypsum Land Use Trust in the amount of $1260.00. Betsy Blanford, B & B Excavating, stated there was a mitigation plan turned in previously. That was not enough and so it will be a combination of those two measures. Mr. Clarkson reviewed staff findings as follows: 1. That no public notification for the Board proceedings conducted on July 12, 1999, was required by law, but the hearing was duly noticed in accordance with the Open Meetings Law; 2. That the proposed special use conforms to the requirements and approval condition No.1 of Resolution 97-002, which are incorporated herein as if set forth with particularity; 3. That the proposed special use will be compatible with existing uses in the area. 4. That for the above-stated and other reasons, the proposed special use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Eagle County. The applicant has submit to the County a check for $1,269.00 made payable to the Gypsum Wildlife Trust for forwarding on to the CDOW. Commissioner Johnson asked ifthe Wildlife Mitigation Plan is that which was submitted back in 1996. Ms. Blanford responded yes it is. Chairman Phillips asked Mr. Clarkson to elaborate on the road. 14 07-12-1999 Mr. Clarkson stated there is a state highway access permit that has been issued. Chairman Phillips stated that answered her question. Greg Lewicki, Engineer on this pit, stated regarding the wildlife mitigation there were a number of items they incorporated in addition to the fund. They avoided the Spring Creek drainage and the unnamed drainage. They had the entire berm to be taken out and mitigated that on the east side where there is a spring, keeping that in tack. They only plan to take out the western portion. They've done an inventory of shrubs and are planting shrubs in the wetland area. They did try to accommodate the desires of the division of wildlife and those of the land owners. They tried to balance as best they could. Commissioner Johnson moved to approve the wildlife mitigation plan that has been submitted for the Carol An Pit, ZS-380-95. Commissioner Stone seconded the motion. The vote was declared unanimous. Commissioner Stone moved to approve the requested permit to proceed for the Carol Ann Gravel Pit incorporating staff findings and continue the application to July 26, 1999 for the signing of the resolution. Commissioner Johnson seconded the motion. The vote was declared unanimous. PDA-00019, Cordillera Beatty & Mountain Tracts Commissioner Stone stated he would like to abstain from voting on this file unless it becomes necessary to break a tie vote. He stated although he doesn't believe there is a conflict, it may appear as such due to the involvement he has had with Cordillera. Jean Garren, Planner, presented file number PDA-000I9, Cordillera Beatty & Mountain Tracts. She stated this was a request to extinguish the uses allowed on the Beatty Parcel and establish the right to construct and operate a golf course on the Mountain Tract. She reviewed what was being removed and that it adds an eighteen hole golf course. It creates an amendment to the wildlife mitigation plan, to the PUD guide and some text changes. Ms. Garren stated at the Planning Commission hearing of June 30 they recommended approval as does staff. The concerns are the route of the water line. There is a condition that is drafted regarding public play that the Planning Commission and the applicant can live with. There are questions regarding the forest service trail. In the previous set of conditions they were waiting for the information from the Colorado Geological Survey. There is one comment that has been placed in the golf course management plan that has been accepted by the Environmental Health Department. At the June meeting the road variance was heard and accepted. The housing requirements have been met. Cordillera has worked with environmental health on the golf course management plan. The Town of Avon Fire Department and the Forest Service are happy. An outstanding issues is regarding the Forest Service Trail. Staffis somewhat concerned about creating a Condition of approval part of which Cordillera may not legally or otherwise be able to comply with. Given Cordillera's apparent constraints (physical, legal, and otherwise) on the West Squaw Creek Road route, requiring Forest Service approval of any trail across the Mountain Tract to Forest Service land may be unreasonable. She finds this may be creating a catch 22 for Cordillera. She stated the golf course management plan removed conditions I.Ea and 1.Eb and condition 2.3 on page. Those are incorporated into the golf course management plan. The applicant has asked the Summit Course be noted as that available for local play. Commissioner Johnson stated that is actually condition 2. Mr. Loeffler asked if those plans have been submitted. Ms. Garren stated they have and been approved by Environmental Health. Lance Badger, representing Cordillera, stated before beginning, he asked to bring the Board up to 15 07-12-1999 speed. He stated excluding CBC and the pending parcel, Cordillera offers 6,000 some odd acres. He spoke to the number of units there with 250 acres of property left to sell and 530 acres to design at build out. He stated they are at a point in time to bring the project to closure. The current application is part of the process. He stated todays application consists of two primary changes, allowing for a golf course on the Mountain Track and to redesignate the uses on the along Squaw Creek Road. He stated they have addressed staff s concerns and the Planning Commission concerns. He stated one issue is this trail. He stated at the Planning Commission hearing Cordillera had a requirement to provide an access easement through the area. He showed the route to the forest service. Cordillera acquired the property and furthered the trail to the Forest Service boundary. They agreed to build it at their expense. The problem is that physically there is no room to create a trail head on their property and it was never part of the original conditions. They have platted and sold these areas, there are wetlands and utilities in that area. Essentially they are precluded from putting a trail head on the property. The Planning Commission asked if there is a better area to place the trail head. They looked at an alternative and met with the Forest Service. That would be to take the existing trial head and build a trail up to the existing area. They are fine with doing either and this makes more sense from a public trails standpoint. The Forest Service agreed to this and feel it can be achieved. They have agreed to fund it up to $80,000. The language in the original requirement is acceptable except for the forth to the last line where it says, "with access to said Forest Service lands as said by the Forest Service". Mr. Badger explained physically there is no way to put a trail head on the property, the Forest Service would like one in either place. They feel confident they can do so at the existing trail head. He asked it read "with access approved by the Forest Service." The second issue is the providing public play. He stated they have extended the times and the number of days from four to seven. Chairman Phillips asked for public comment. Diana Donovan, area resident, stated they own the property that runs below Cordillera and that most easily accesses this. She asked that West Squaw Creek Road be used only for emergency situations and for egress not access. Susan Shepard, 0015 West Squaw Creek Road, stated most of her concerns are off site issues. She stated they have been assured time and again there is enough water. She stated in the past they have found that there wasn't enough water as wells have gone dry. Water in the Eagle River is a hugh issue. She stated it will obviously leave the river lower. She stated one of the things she feels should be done is an extra storage tank up on top of the course in case the Eagle River is at minimum stream flow they could water for a few days if necessary. She spoke to the Edwards Access Road plan. She stated to date there is more of everything else up there. There is no left turn lane onto Highway 6. She stated they are hauling road base and it is really tight and dangerous. She spoke to accidents there and at Hill Crest Drive. The wildfire hazard is a definite concern. She is very concerned about the water needed up there. She questioned if an extra pond could be of assistance. She spoke to the housing with wooden siding and wooden roofs. The variance to the road standards she thinks in general is a very bad policy. She stated when you grant a road variance it is a hugh mistake or don't have the standards. She thinks the golf course should be private. She stated in the first place, most locals can't afford to play and it will increase the numbers of people coming up there. The trail head looks to be resolved. She thanked the Board. Commissioner Johnson asked about the variance that was granted. Mr. Badger explained on filings 35 and 36 they requested the variances. He stated they were not part of this application. Chris Gunion, Building Inspector, stated the variances had to do with filing 35 and 36 and the 16 07-12-1999 road design criteria with the new regulations. He explained they had an understanding beforehand and the Board approved a variance accordingly. John Vengrin, stated there was a list of about 14 items, some applied to every part ofthe road, others incidental to specific locations. He understood that variance was necessary to the final plat and should be adequate to serve the Mountain Track Golf Course. Commissioner Johnson asked to review these and asked when they were approved. Mr. Vengrin stated on June 28. Mr. Badger stated the variances did not apply to all the roads but to specific locations. Chairman Phillips stated it was just for travel in the particular tracts. Ms. Garren stated John's sign off and concerns were attached to staffs addendum. Mr. Loeffler addressed the condition with respect to the PUD agreement. He explained in reviewing this application they discovered when they revised the regulations they required the PUD Agreement be done at the time of the preliminary plan and that would be now. So all of the improvements collateralization and such associated with an SIA have to be done at preliminary plan. He stated what this condition does is deals with the practicality that the timing is wrong. It postpones the actual approval of the agreement until the final plat. Commissioner Johnson asked if this is a section they are proposing to change. Mr. Loeffler stated yes, but not today. Chairman Phillips asked Mr. Loeffler to address lB. Mr. Loeffler stated the applicant has expressed they can not build a trail head off of their road. What it requires is an access easement. So what the Planning Commission appears to have added in the language is because the Forest Service requires a trail head. That would change the condition. Commissioner Johnson asked with the water augmentation plan, where are they planning to augment the water from. Harvey Curtis, Cordillera's water lawyer, stated the water for this plan comes from Lake Creek and Squaw Creek itself. He explained the partnership and the pump station at the confluence with Squaw Creek. The water rights on Lake Creek will be used for the water supply. He explained the reduced consumptive use will increase the flows on the Eagle River. The other source are water rights on Squaw Creek. He stated with those rights they will leave over 800 acre feet in the stream for reserve flow. He stated they have contracted for water up at Eagle Park Reservoir. He stated they have had a good relation with the Colorado Conservation Board. He stated they met on June 29 and there protective provisions are in the decree which states they won't use their water rights when they adversely effect the stream flow. He spoke to the golf course ponds that will provide some water as needed. Commissioner Johnson stated Eagle Park is diverting water into the Eagle River. He asked who recommended it. Mr. Curtis stated he did. Commissioner Johnson expounded on that. Mr. Curtis stated the short course has been set up on an exchange and they have been using water from the Avon Water Treatment Plant. By doing so, that water will come all the way through the Lake Creek, Squaw Creek section, adding another 40 acre feet of water per year into the Eagle River. Chairman Phillips asked about the wildfire hazards. Mr. Badger reviewed the concerns ofthe Avon Fire Department and the Colorado State Forest Service. They incorporated all of their comments into the development. He explained all but one segment is sprinkled. They agreed to provide the Forest Service with a license agreement to use their roads through the project to gain access. Chairman Phillips asked about water storage. 17 07-12-1999 Mr. Badger spoke to the water truck stationed in the area. Chairman Phillips asked about the turn lane. Mr. Badger stated physically they are limited. He spoke to Hill Crest Drive and stated they are improving that right now, bringing up the standards. Commissioner Johnson stated the shoulder is less than two feet on highway 6. Mr. Badger said it is pretty narrow there between the road and the hillside. Mr. Badger stated they did follow the recommendations of this Board to do invasive water in their augmentation plan and they have done so in their last applications. Chairman Phillips asked about limiting access to the back gate. Mr. Loeffler stated that deals with the approval of a different piece of this property. Ms. Garren stated that was a condition of the approval of the Mountain Tract. Commissioner Johnson stated Diana's concern has been addressed and they would have to amend their preliminary plan. The concern has been addressed previously. Commissioner Johnson stated as far as housing is concerned, they are now even. He questioned what the golf season will be. Mr. Badger stated June 1 to October 15. Commissioner Johnson stated on the Jouflas course the local play could be reserved up until the day and if not taken up they would revert back. He stated here this is requiring a week in advance. Commissioner Johnson asked if it is necessary to have it reserved seven days in advance. Mr. Badger it makes more sense to have the lead time. Commissioner Johnson asked if that can be shortened to three days. Mr. Badger asked for Monday through Thursday at three days and weekends at seven days. Commissioner Johnson asked if the for charity play if the Board might request two organizations. He suggested it makes good sense to have charitable events that are done locally. Mr. Badger explained they would welcome the dialogue with the Board. Commissioner Johnson asked if they could help to take part in directing them they would like to do so. He asked if the local play on the Summit Course will be allowed. Ms. Garren agreed. Mr. Badger explained the desire is to have the requirements in before the owners take control. Mr. Badger stated he is talking with Patrick Paul about a student tournament in the future. Chairman Phillips stated she too would like to work with them and be able to make suggestions to worthy recipients. Commissioner Johnson asked how they are proposing the wording on lB. Ms. Garren stated in the event they must do the trail, the word seasonal should be reinstated as it is already restricted by the Division of Wildlife. Commissioner Johnson asked if it could go on to state it would conform to DOW seasonal closure. Mr. Badger recommended it be consistent with the wildlife mitigation plan. Mr. Loeffler clarified the wording. Jean Garren read staff findings into the record: Pursuant to Eagle County Land Use Regulations Section 5-240.F.3.e Standards for the review of a Sketch and Preliminary pun Plan: (1) It IS represented that title to all land is owned or controlled by one (1) entity under two (2) different corporate names. (2) Uses that may be developed through the proposed PUD Amendment ARE those uses that are designated as uses that are allowed, allowed as a special use or allowed as a limited use in Table 3-000 18 07-12-1999 or Table 3-320 for the zone district designation in effect for the property at the time of the application for PUD. (3) "Schedule of Dimensional Limitations": Does not apply since there are no regulatory dimensional limitations have been established by Eagle County for an existing PUD zone district. Dimensional limitations for golf course structures are set forth in the Cordillera PUD Guide as part of this Application. (4) It HAS been demonstrated that off-street parking and loading to be provided in the PUD Amendment can comply with the standards of Article 4, Division 1, Off-Street Parking and Loading Standards (5) It HAS been demonstrated, by virtue of the existing Cordillera Design Guidelines, that landscaping to be provided for structures contemplated by the PUD Amendment complies with the standards of Article 4, Division 2, Landscaping and Illumination Standards. Applicant HAS demonstrated that the proposed landscaping provides sufficient buffering of uses from each other (both within the PUD and between the PUD and surrounding uses) to minimize noise, glare and other adverse impacts; creates attractive street scapes and parking areas; and is consistent with the character of the area. (6) A comprehensive sign plan for the PUD that is determined to be suitable for the PUD EXISTS within the existing Cordillera Design Guidelines and the Cordillera PUD Guide. (7) The applicant HAS demonstrated that the development proposed by the PUD Amendment will be provided with adequate facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply; and will be conveniently located in relation to schools, police and fire protection, and emergency medical services; the applicant HAS demonstrated that the development proposed by the PUD Amendment will be provided with adequate facilities for fire protection and roads. (8) It HAS been demonstrated that the improvement standards applicable to the development are as specified in Article 4, Division 6, Improvements Standards. It HAS been demonstrated that the development achieves greater efficiency of infrastructure design and installation through clustered or compact forms of development or achieves greater sensitivity to environmental impacts. (a) It HAS been demonstrated that there is safe, efficient access to all areas of the proposed development. (b) It HAS been demonstrated that internal pathways form a logical, safe and convenient system for pedestrian accesses with appropriate linkages off-site. (c) It HAS been demonstrated that the roadways are designed to permit access by emergency vehicles to all lots or units. (d) The principal vehicular access point IS designed to provide for smooth traffic flow, minimizing hazards to vehicular, pedestrian or bicycle traffic. (e) Adequate areas for snow storage HAVE been provided on the plans submitted. (9) The development proposed for the PUD Amendment IS compatible with the character of surrounding land uses. (10) The PUD IS NOT fully consistent with the Master Plans, including, but not limited to, the 1996 Future Land Use Map (FLUM) which previously regulated the area and is now PUD. (11) A phasing plan for the PUD Amendment HAS been provided and guarantees SHALL be provided for public improvements and amenities that are necessary and desirable for residents of the project, or that are of benefit to the entire County. Such public improvements shall be constructed with the first phase of the project, or, if this is not possible, then as early in the project as is reasonable. (12) The PUD Amendment DOES comply with the following common recreation and open space standards: (a) Minimum Area: Recommended "minimum open air recreation or other usable open 19 07-12-1999 space, public or quasi-public" (as defined) is 25%; (b) Improvements Required: All common open space and recreational facilities shall be shown on the FINAL PLAT for the PUD Amendment and shall be constructed and fully improved according to the development schedule established for each development phase of the PUD Amendment. (c) Continuing Use and Maintenance: Not applicable to this application. (d) Organization: Common open space is proposed to be maintained through an association or nonprofit corporation, and such organization shall manage all common open space and recreational and cultural facilities that are not dedicated to the public, and shall provide for the maintenance, administration and operation of such land and any other land within the PUD not publicly owned, and secure adequate liability insurance on the land. (13) The PUD Amendment HAS considered the recommendations made by the applicable analysis documents, as well as the recommendation received by responding referral agencies as specified in Article 4, Division 4, Natural Resource Protection Standards: Wildlife Protection (Section 4-410); Development in Areas Subject to Geologic Hazards (Section 4-420); Development in Areas Subject to Wildfire Hazards (Section 4-430); Wood Burning Controls (Section 4-440: Not applicable); Ridgeline Protection (Section 4-450); Environmental Impact Report (Section 4-460). Pursuant to Eagle County Land Use Regulations Section 5-280.B.3.e. Standards for the review of a Sketch Plan for Subdivision: (1) The proposed subdivision IS consistent with the Eagle County Master Plan/s. (2) The proposed subdivision IS consistent with the Eagle County Land Use Regulations. (3) The spatial pattern IS efficient. The project 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 'leap frog' pattern of development." It CAN be shown that: (a) Utility and Road Extension: Proposed utility extensions are consistent with the utility's service plan or that County approval of a service plan amendment will be given; or that road extensions are consistent with the Eagle County Road Capital Improvements Plan. (b) Serve Ultimate Population: Utility lines will be sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under-sized lines. (c) Coordinate Utility Extensions: "Generally, utility extensions shall only be allowed when the entire range of necessary facilities can be provided, rather than incrementally extending a single service into an otherwise un-served area." (4) The property proposed to be subdivided IS suitable for development. (5) The proposed subdivision IS compatible with the character of existing land uses in the area and SHALL NOT adversely affect the future development of the surrounding area. Pursuant to Eagle County Land Use Regulations Section 5-240.F. 3.m Amendment to (1) The proposed PUD Amendment IS consistent with the efficient development and preservation of the entire Planned Unit Developm.ent; (2) The proposed PUD Amendment DOES NOT affect in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the planned unit development or the public interest; and . .' (3) The proposed PUD Amendment IS NOT granted solely to confer a special benefit upon any person. Staff recommended approval with the following conditions: Final Plat: Planning Parcel W. Planning Parcel W (the golf course overlay parcel) is subject to Final Plat approval by the Board of Eagle County Commissioners pursuant to Section 5- 280.B.5. Final Plat for Subdivision. Conditions of said Final Plat approval shall include: 20 07-12-1999 1.A. Section 5-280.B.5. Fulfillment of all requirements of Section 5-280.B.5. Final Plat for Subdivision. 1.B. Trail. proposed new condition text which appears in redline. Underline indicates additions of the Commission, staff, and the Legal Department to reflect the substance of the Commission's determination.} Submittal to the Eagle County Community Development Department of a fully executed Memorandum of Understanding (MOU), or similar document, between Cordillera and the United States Forest Service establishing the terms and conditions whereby Cordillera shall provide an amount not to exceed $80,000.00 (eighty thousand dollars) for construction of a trail and access to and/or across National Forest lands beginning at approximately the end of Squaw Creek Road. In the event said document shall not be executed by the Forest Service by the time of Final Plat approval, then Cordillera agrees to post with Eagle County in a manner acceptable to the County, the sum of $80,000.00 (eighty thousand dollars) which shall be held as collateralization ofa Trails Component of the Public Improvements Agreement requirement pursuant to Section 5-240.F.3.h.(4) and 5-280.B.5.e.(4) ofthe Eagle County Land Use Regulations for no longer than 90 (ninety) calendar days pending execution of the MOU. Upon execution of the MOU, said collateral shall be relinquished by Eagle County to the United States Forest Service in partial fulfillment of the requirements ofthat MOU and complete fulfillment of the Trails Component of the Public Improvements Agreement. However, in the event said MOU shall not be executed within the 90 (ninety) day period, then Cordillera shall be relieved of its obligation to enter into said MOU or other document, and shall provide a pedestrian / equestrian trail across Cordillera lands from West Squaw Creek Road to Forest Service lands south of the Mountain Tract, with access to said Forest Service lands approved by the Forest Service, and the $80,000.00 (eighty thousand dollars) shall be retained by Eagle County as collateral to fulfill the Public Improvements Agreement Trails Component obligation. 1.c. Water Augmentation Plan. Submittal at application for Final Plat of a Water Court approved water augmentation plan (Water Court Case No. 99-CW-031) at application at least as stringent as that presented to the Eagle County Planning Commission on June 2, 1999 as the "Settlement Document" for said Case No. 99-CW-031. t.D. Final Routing Plan. A Final Routing Plan, accompanied by an on-going Erosion and Sediment Control Best Management Practice Plan, shall be a requirement under Section 5-280.B.5.a.(2) Supplemental Requirements, and shall be submitted to the Eagle County Community Development Department (Engineering; Environmental Health; files) for review and recommendation. 1.E. Planned Unit Development (PUD) A ~ent. Pursuant to Section 5-240.F.3.h.(I) a PUD Agreement shall be drawn between the App. nt 'hnctE(lgle County to be signed prior to approval of Final Plat that shall include, but not be limited , the follo$g: Public play shall mean any resident of Eai lorado, who desires to play golf. Applicant agrees that the following shall be the p for the Summit [Mountain Tract] Golf Course at Cordillera: During the shoulder seaso 21 and after September 15, Cordillera will reserve four tee times after 2:30 teen (16) golfers, Monday through Sunday, for local play. If these tee times are no layers Monday through Thursday three calendar days or Friday through Sunday se in advance, they may be assigned to hotel/resort guests or members The cost of play fo ty residents will be discounted 40% from the hotel/resort fees in place at the time of play. uring the shoulder seasons, additional local play will be allowed for unused hotel/resort tee times at the Summit Course on a standby basis. IN ADDITION, Cordillera will make its courses available for four charity tournaments during the golfing season. There will be no charge to the individual charities for the use of the course, golf carts or golf 21 07-12-1999 course staff; however, Cordillera reserves the right to select the charity groups, tournament format and tournament dates and times. Said policy shall be implemented on the opening day of each season. Cordillera will work with the County in respect to which charities will be two of the fund raising charities. Chairman Phillips asked that it not be restricted that the County organize two tournaments per year. Mr. Badger asked that this not bind the members when they take over as they can't control that. Chairman Phillips stated if the County is restricting the right to organize two tournaments that bothers her as they have never requested that from any other entity. Commissioner Johnson stated that as part of the condition as Cordillera would not own this forever, is the exact purpose of his request. The members may decide that all the charities are national charities and perhaps they should be reserved for local charities. The Board agreed to that. Cordillera reserves the right to choose the charities, at least two of which must be local charities. 2. Section 5.240.F.3.h.(1) pun Agreement: General. Pursuant to this section, prior to the signing of any Resolution of the Board of Eagle County Commissioners approving File PDA-00019, Cordillera shall enter into a PUD Agreement satisfactory to Eagle County binding the PUD to each issue specified in the regulation. 3. All Material Representations. Except as otherwise modified by these conditions of approval, all material representations of the Applicant in its submittal package and in public hearing shall be binding. Commissioner Johnson moved to approve file number PDA-00019, Cordillera PUD Amendment, Beatty Parcel & Mountain Tracts, incorporating staff findings and the conditions as read by Jean Garren. Chairman Phillips seconded the motion. Commissioners Phillips and Johnson voting aye, Commissioner Stone abstaining. There being no further business to be brought before the Board the meeting was adjourned until July 19, 1999. Attest: Clerk to the Board ~~-. Chairman ~ 22 07-12-1999