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HomeMy WebLinkAboutMinutes 05/20/03 PUBLIC HEARING MAY 20, 2003 Present: Michael Gallagher Am Menconi Tom Stone Diane Mauriello Jack Ingstad Earlene Roach Chairman Commissioner Commissioner County Attorney County Administrator Deputy Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: Executive Session Chairman Gallagher stated the first item before the Board was an Executive Session. Commissioner Stone move to adjourn into an Executive Session for the purpose of determining positions relative to franchise negotiations with Comcast Cable and for the purpose of receiving legal advice concerning Coyote Cafe liquor license matters both of which are proper items for discussion pursuant to c.R.S. 24-6-402(4)(e) and (b). Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Menconi moved to adjourn from the Executive Session and reconvene into the regular meeting. Commissioner Stone seconded the motion. The vote was declared unanimous. Consent Agenda Chairman Gallagher stated the first matter before the Board was the Consent Agenda as follows: A) Approval of bill paying for the week of May 12, 2003, subject to review by County Administrator B) Approval of payroll for May 15, 2003, subject to review by County Administrator C) Approval of the minutes of the Board of County Commissioners meeting minutes of May 6, 2003 D) Colorado Department of Public Health & Environment Contract Change Order Prenatal Pro gram E) Colorado Trust, Letter ofIntent to apply for a Suicide Prevention Grant F) Application for one time Health & Safety Funds, Early Head Start G) Agreement for Wildfire Assessment and mapping services between the County of Eagle and Dynamic Corporation H) Resolution 2003-058, conferring Power of Attorney upon Diane H. Mauriello, County Attorney, Walter Mathews IV, Deputy County Attorney and Debbie Faber, Assistant County Attorney, to act as Attorney in Fact for the County of Eagle, with respect to Letter of Credit No. 1414010531, in the amount of $2,000.00 for the account of Con Sy Industrial Construction drawn on Alpine Bank and expiring on June 3, 2003 I) Senior Services United Way Grant. Chairman Gallagher asked the Attorney's Office if there were any changes to the Consent Agenda. 1 05-20-2003 Diane Mauriello, County Attorney, stated there are no changes, additions or deletions. Chairman Gallagher asked about item G, the Wildfire Assessment Agreement. He spoke to the differences in grading standards. He asked if everyone was in agreement. Barry Smith, Emergency Management, stated they have come to an agreement and the County Standards were adopted. Commissioner Menconi moved to approve the Consent Agenda, items A through I as presented. Commissioner Stone seconded the motion. The vote was declared unanimous. Plat & Resolution Signing Cliff Simonton, Planner, presented the following plats and resolutions for the Board's consideration: Resolution 2003-059, to Grant a Variance from the Improvement Standards Established in Section 4-620.J of the Eagle County Land Use Regulations for the Heritage Park PUD Subdivision (Eagle County File No. VIS-0020). The Board considered the Applicant's request on April 22nd, 2003. Commissioner Stone moved to approve Resolution 2003-059, to Grant a Variance from the Improvement Standards Established in Section 4-620.J of the Eagle County Land Use Regulations for the Heritage Park PUD Subdivision, file number VIS-0020. Commissioner Menconi seconded the motion. The vote was declared unanimous. Resolution 2003-060, To Approve a Permit for the Expansion of the Storage Capacity of an Existing Domestic Water Treatment System and for the Efficient Utilization of a Municipal Water Project in order to serve the Cordillera Subdivision (Eagle County File No. 1041-0046). The Board considered the Applicant's request on May 6th, 2003 Commissioner Menconi moved to approve Resolution 2003-060, a permit for the expansion of the storage capacity of an existing domestic water treatment system and for the efficient utilization of a municipal water project in order to serve the Cordillera Subdivision, file number 1041-0046. Commissioner Stone seconded the motion. The vote was declared unanimous. Resolution 2003-061, To Approve the Vagneur Subdivision Preliminary Plan (Eagle County File No. SUP-00006). The Board considered the Applicant's request on May 6th, 2003. Commissioner Stone moved to approve Resolution 2003-061 To approve the Vagneur Subdivision Preliminary Plan, file number SUP-00006. Commissioner Menconi seconded the motion. The vote was declared unanimous. Temporary Fire Suppression Plan Dan Stanek, Building Official, presented a temporary Fire Suppression Plan update for Two Rivers Village. He stated he and Dave Vroman did an on site inspection and their fire suppression plans now meet the fire code. He stated he believes there are no problems at this time. Dave Vroman, Gypsum Fire District, stated they have better access to the pond and temporary water supply with the construction pumps. They are in compliance for the next two weeks. Chairman Gallagher stated they do not meet for two weeks Mr. Vroman stated he and Mr. Stanek will stay in contact and they can update the Board in two weeks. Commissioner Menconi 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. 2 05-20-2003 Liquor License Consent Agenda Earlene Roach, Liquor Inspector, presented the Liquor License Consent Agenda as follows: A) Beaver Creek Food Services, Inc. Saddleridge at Beaver Creek This is a renewal of a hotel & restaurant. This establishment is located along Meadow Lane in Beaver Creek. There have been no complaints or disturbances during the past year. B) Gloria J. Deschamp EI Jebel Liquors This is a renewal of a retail liquor store license. This establishment is located along Highway 82 and El Jebel Road. There have been no complaints or disturbances during the past year. C) Summit Food & Beverage LLC The Summit This is a renewal of a hotel & restaurant license with optional premises. This establishment is located in Cordillera at 190 Gore Trail. There have been no complaints and disturbances during the past year. Commissioner Stone moved to approve the Liquor License Consent Agenda for May 20, 2003, as presented. Commissioner Menconi seconded the motion. The vote was declared unanimous. Beaver Creek Resort Earlene Roach presented a special events permit application for Beaver Creek Resort. This event is for June 14 & 15,2003 from 10:00 a.m. to 7:00 p.m., August 9 & 10,2003 from 10:00 a.m. to 7:00 p.m. and August 30 & 31, 2003 from 10:00 a.m. to 8:00 p.m. Staffhas no concerns with this application. The applicant holds numerous permits throughout the year and has not had any problems. Commissioner Stone asked about the dates read that are different than the dates shown on the Alcohol Management Plan. Jean Dennison, applicant, stated the Alcohol Management Plan has the wrong dates. Chairman Gallagher asked about the nature of the events. Ms. Dennison stated the event in June is the Culinary Festival. She stated there will be entertainment. It is a family event. They will have entertainment and food booths throughout the plaza. The Arts Festival is in its 20th year and has been very successful. She stated there will be many art vendors from all over the United States. The final event is the October Fest and is held on Labor Day. She stated this is also a recurring event. Chairman Gallagher asked about the number of events. Ms. Roach stated they are allowed to apply for ten days per year on an application. Each event has a separate license. Chairman Gallagher asked if all could be included in one motion. Diane Mauriello answered "yes but the specific dates must be included". Commissioner Menconi moved to approve a special events permit for Beaver Creek Resort Company for June 14 & 15,2003 from 10:00 a.m. to 7:00 p.m. and August 30 & 31, 2003 from 10:00 a.m. to 8:00 p.m. Commissioner Stone seconded the motion. The vote was declared unanimous. 3 05-20-2003 Coyote Cafe Earlene Roach presented a renewal of a hotel and restaurant license for Diamond Five, Ltd, d/b/a Coyote Cafe. She stated the applicant has been brought before the Board because of a disturbance which involves five intoxicated individuals that were served at this establishment. C.R.S. 12-47-302 provides that the local license authority may conduct a hearing after proper notice to determine if an application for renewal should be granted. This Board may reject a renewal application for "good cause" which is defined as 1) licensee's violation or failure to comply with the rules and regulations as set forth in the Colorado Liquor Code or 2) evidence that the licensed premises have been operated in a manner that adversely affects the public health, welfare, or safety of the immediate neighborhood in which the establishment is located, which evidence must include a continuing pattern of fights, violent activity, or disorderly conduct. Ms. Roach stated the premise was posted and notice was published. The Board can 1) renew the license issuing caution to the applicant, 2) deny the renewal of the license, or 3) in lieu of denial, stipulate with the applicant that renewal will be conditioned upon a term of suspension or other mitigating circumstances. Jeff Forbes, applicant, was present for the hearing. Gary Busby, manager, stated he was on duty that evening. He stated the report is very accurate. He stated that evening was very busy. At midnight it did start slowing down. He stated he was watching these specific individuals very closely. Chairman Gallagher asked why. Mr. Busby stated they seemed to be rougher type people than what they are used to. He stated he had a doorman on duty who was also watching these individuals. He stated their behavior was not out of line but he sensed he needed to pay attention. He stated they gave last call at about 1: 15 a.m. and were in the process of clearing out the establishment. He stated he went outside to give directions and when he returned the doorman was holding onto one of the five. He stated the two officers then came up and spoke to the individuals. Mr. Busby stated the officer calmed down one of the individuals who came back into the establishment to apologize. Chairman Gallagher stated in Mr. Busby's diligence as manager, he had been watching these five individuals. He asked how long of a period of time was that. Mr. Busby answered he had been watching them for about 45 minutes to an hour. Chairman Gallagher asked how many drinks had the group been served. Mr. Busby stated he looked back in the records. If someone is running a tab the computer system will keep track of the drinks ordered. He stated this group was ordering and paying for one drink at a time, which the computer does not track. Of the two items he was watching for the first was; how much were they drinking and two; where was their behavior going to lead. The entire time he was watching, they were really not causing trouble. He stated he did not trust them for some reason. He stated they were not staggering or slurring their words. He stated they were not doing shots, but drinking individual draft beers. Chairman Gallagher asked how long Mr. Busby had been serving alcohol. Mr. Busby stated he has been working in the restaurant business for 31 years. Chairman Gallagher asked if Mr. Busby had prior TIPS or Alcohol Server Training. Mr. Busby stated he has been TIPS certified twice. Chairman Gallagher stated he is trying to understand that with Mr. Busby's experience in observing alcohol it should be more than the Deputy Sheriff writing the report. He read from the Sheriff s report, "they were quite drunk and appeared to be looking for a fight with several patrons over the previous hour." He stated Mr. Busby related they were not causing any trouble and he thought he might be overreacting. He had stated Mr. Busby may dislike them because they were college kids. 4 05-20-2003 Chairman Gallagher stated he is not at all impressed with the liquor management that occurs in this establishment. Apparently there are people being escorted from this establishment because they are drunk after being in the establishment for an hour and being served. The appearance of being drunk does not happen quickly. It happens over a period of time. If someone has consumed sufficient alcohol to make it appear that they are drunk and looking for a fight, then this would have been evident prior to them leaving the establishment. He expressed distress that the law enforcement officer noticed it by chance and the bar manager did not. He stated he is a bit distressed that law enforcement happening upon it and had not been called. From this report they apparently had been looking for fight for about an hour. He asked what kind of establishment the applicant is running. "What is going on here"? Mr. Forbes stated their establishment is approximately 65% alcohol as compared to food. He disagreed with Chairman Gallagher because you can serve someone a drink and they seem fine. You can serve them a second drink and they seem fine. Then all of a sudden they are not fine. It is impossible to tell beforehand. Not everyone is like that. He stated Mr. Busby must have told the Officers that these five were looking for a fight as the Officers were not there beforehand. Chairman Gallagher stated he is wondering how someone can be looking for a fight in this establishment for an hour and law enforcement is not called but the patrons are still served for that time period. Mr. Forbes stated he agreed. They should not have continued to serve them. Chairman Gallagher stated that is not what the County issues liquor licenses for. Mr. Busby stated when he said "they were looking for a fight", that was his impression of them when they came in. He stated he felt he had judged them wrong. There were not actually looking for a fight. He stated he likes to know who is in his place. He wants to get to know them. He stated he tried to find someone who knew the other four. At that point he believed he had a connection with the group. He stated he would go to the group periodically and ask how they were doing and such, just to let them know that someone was in control. He stated this group behaved very well until they were walking out the door. He stated he was making every possible effort to keep an eye on them. Chairman Gallagher stated knowing someone's name is good but you cannot have it both ways. He told the Deputy Sheriff they were looking for a fight with several patrons over the previous hour. That is not that he thought they were going to. Chairman Gallagher asked when the license expires. Ms. Roach stated July 13, 2003. Chairman Gallagher stated he would like to hear from the other Commissioners but he is inclined to give the applicant two weeks to come up with an Alcohol Management Plan. Mr. Forbes stated he believed they already had one. Ms. Roach stated this establishment does not currently have an alcohol plan. Commissioner Stone stated he agreed with Chairman Gallagher. He stated he believed Chairman Gallagher was being lenient in offering two weeks to come back with an Alcohol Management Plan. At that point and time the Board would decide what to do. Commissioner Menconi stated he would like to see the applicant take over service seriously. It seems to be two sides of the story. He appreciates what the applicant is trying to do but they need to tighten it up a little. Chairman Gallagher asked if two weeks will give enough time to make a decision and still go through the State renewal process. Ms. Roach answered yes. Commissioner Stone referred to the Officers report, "initially he was quite belligerent but became more cooperative as I spoke with him. He was quite intoxicated and due to the apparent alcohol level he was not responding to my instructions to quiet down." That is a pretty clear indication of over servIce. 5 05-20-2003 Ms. Mauriello reminded the Board that for this type of hearing, the Board may approve the renewal or deny the renewal. However, there would be an opportunity for the applicant to stipulate to conditions in an agreement form. Commissioner Stone moved to table the renewal hearing for Diamond Five, Ltd, d/b/a Coyote Cafe for two weeks to June 3, 2003, to allow the applicant time to submit an Alcohol Management Plan for the Board's review. Commissioner Menconi 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 Menconi seconded the motion. The vote was declared unanimous. Resolution 2003-062, Recognizing Clean Up Volunteers, 1-70 Chairman Gallagher presented Resolution 2003-062, recognizing and commending the 1-70 cleanup volunteers. Commissioner Menconi spoke to those present thanking them for all the time and effort that is put into the clean up. He read the Resolution for the record as follows: "Whereas, this Board of County Commissioners, on behalf of the citizens of Eagle County, county officials and employees, and of themselves, wish to express to the volunteers for the Community Pride Clean Up, their acknowledgement and appreciation for an admirable job well done; and Whereas, The Eagle River Watershed Council, Vail Resorts, Vail Daily, 1 st Bank of Avon, Alpine Bank of Gypsum, Antlers Lodge, Arrowhead Alpine Club, Town of Avon Staff, Battle Mountain Crew, Beaver Creek Group Sales, Beaver Creek Jet Center, Beaver Creek Mountain Operations, Beaver Creek Resort Company, Bellyache Homeowners, Boy Scout Troop #228, Colorado Mountain Club, Christie Lodge, Colorado Mountain Express, Eagle County Sheriffs Office, Eagle Count School Students, Eagle Lions Club, Eagle River Fire Protection District, Eagle Vail Paint, Eagle Valley Library District, East West Resorts, Episcopal Church of the Transfiguration, Gallegos Corporation, Goyen Family, LDS Church, KZYR Radio, Lionsquare Lodge, Manor Vail Lodge, Mt. of the Holy Cross Lutheran Church, Philinda Gallery, R. A. Nelson Construction, Singletree Homeowners, Slifer Designs, Slifer, Smith & Frampton Real Estate, Snowboard Outreach Society, Sonnenalp Resort at Vail, Vail Daily, Vail Police Department, Vail Valley Medical Center and Western Eagle Valley Rotary Club, hereafter known as "the volunteers" rallied for a worthy project to benefit the people of Eagle County and all those traveling 1-70 through Eagle County; and Whereas, the annual cleanup collection program over the years is locating and collecting less trash, indicating reduced amounts of highway litter; and Whereas, the volunteers have shown exceptional community stewardship and commitment to Eagle County, its natural beauty and environmental health. Now, therefore be it resolved by the Board of County Commissioners of the County of Eagle, State of Colorado, on behalf of itself, the other elected officials, employees, appointed staff and all citizens of the County of Eagle and others who have organized and worked alongside the volunteers; That, the volunteers are hereby commended for their dedicated, enthusiastic public service to the citizens of Eagle County, State of Colorado. That, gratitude and best wishes are extended to the volunteers for their important public service. Be it further resolved, that this resolution be spread upon the public records of the official proceedings of this Board, the original hereof, shall be presented to the volunteers and a certified copy of the Resolution be preserved in the archives of the County of Eagle, State of Colorado. 6 05-20-2003 Moved, Read and Adopted by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 20th day of May, 2003." Commissioner Stone moved to approve Resolution 2003-062, recognizing and commending the 1-70 cleanup volunteers. Commissioner Menconi seconded the motion. The vote was declared unanimous. Chairman Gallagher spoke to those present thanking them for all their efforts. Those recognized were Caroline Bradford, Eagle River Water Shed Council, Evelyn Penny, Kim Blackford, Sonnenalp Resort, Chris Evans, FirstBank's, Carol Harkiaisis, Eagle Valley Rotary Club, Joe Macy, President of the Board ofthe Eagle River Water Shed Council, and Tom Steinberg, Board member and great supporter of the Water Shed Council. Commissioner Stone moved to adjourn as the Board of County Commissioners and reconvene as the Eagle County Liquor Licensing Authority. Commissioner Menconi seconded the motion. The vote was declared unanimous. Wolcott Yacht Club Earlene Roach presented a modification of premises for Wolcott Yacht Club LLC, d/b/a Wolcott Yacht Club. She stated the applicant proposes to add a lower patio area where an old condemned building was torn down. They also want to expand their back area to include a building that will be the bar and storage area, with additional seating. The entire premises including the grill will be fenced and the back of the property has a retaining wall. There will only be one entrance and exit point for customers. This application was filed with the State on the same form as an application for a retail warehouse storage permit. There are several different applications that are filed on the same form and can be filed at the same time. For some reason, unknown to staff or the State, the only application processed was the storage permit. The application form was not sent back to the applicant indicating they must obtain County approval for a modification. The State then sent the applicant their storage permit with instructions on where and how to post it. The owner assumed that everything was in order, posted his permit and started using his modified premise. This all happened last year. Staff found out there had been a change and went to investigate and informed the applicant the only premise they could use was the one on file in the Clerk's Office. After doing some research, I discovered we could hear a modification without publishing or posting, and without the full hearing. This item was posted according to the "Sunshine Law" and scheduled for this afternoon. In making its decision with respect to any proposed changes, alterations or modifications, the Licensing Authority must consider whether the premises as changed, altered or modified, will meet all of the pertinent requirements of the Colorado Liquor Code and the Regulations. Factors to be taken into account by the licensing authority include, by way of illustration but not limited to the following: 1. The reasonable requirements of the neighborhood and the desires of the adult inhabitants. 2. The possession, by the licensee, of the changed premises by ownership, lease, rental or other arrangement. 3. Compliance with the applicable zoning laws of the County. 4. Compliance with the distance prohibition in regard to any public pr parochial school or the principal campus of any college, university or seminary. 5. The legislative declaration that the Colorado Liquor Code are an exercise ofthe police powers of the State for the protection of the economic and social welfare and the health, peace and morals of the people ofthis State. If permission to change, alter or modify the licensed premises is denied, the licensing authority shall give notice in writing and shall state grounds upon which the application was denied. The licensee 7 05-20-2003 shall be entitled to a hearing on the denial if a request in writing is made to the licensing authority within fifteen days after the date of notice. Staff response is as follows: 1. This establishment has been in existence and has had a liquor license since July 12, 1999. The reasonable requirements of the neighborhood have previously been met. The applicant is only asking for improvements. The premises will be entirely fenced with only one entrance and exit. Staffbelieves the premise will be more controllable than it has in the past. 2. The licensee does have legal possession of the property as evidenced in his lease. The landlord is also present at this hearing. 3. The applicant is in compliance with the zoning laws. He did apply for and obtain a building permit for this change. 4. This establishment is not within 500 feet of any school, campus of any college, university or semmary. 5. This establishment is in compliance with all State and County rules and regulations. John Jouflas, applicant, and Jan Jouflas, Landlord, were present for the hearing. Chairman Gallagher asked about the nature of the fence. Ms. Jouflas stated around the grill it is a five foot fence and along the boundary is split rail. Mr. Jouflas stated he also has signage on the fence indicating no alcohol beyond this point. Chairman Gallagher stated he was concerned with not only containment of alcohol but also emergency evacuation in case of a fire. Commissioner Stone asked about the parking problem. He stated there is extensive parking that takes place along Highway 6. He stated he is not sure it is legal. Ms. Jouflas stated she has spoken with the Colorado Department of Transportation who have indicated they do not have a problem with it. She stated there will be bussing available on Friday afternoons I evenings to help alleviate some of the parking problems. Commissioner Stone stated they had a similar situation where there were complaints on the same type of parking. At that time the parking along Highway 6 was illegal. He stated he is concerned with the safety of the patrons. Keith Montag, Director of Community Development, stated there are certain parking requirements in the Land Use Regulations that must be met. He stated the parking requirements is one space for every four seats. The Regulations also state that spaces shall be shown with the application for building permit. He stated off street parking shall be on or off the lot. Commissioner Menconi stated on Friday afternoons there appear to be hundreds visiting this establishment. Ms. Jouflas answered that was correct. She stated the bands start at 5:00 p.m. and end at 8:00 p.m. Commissioner Menconi asked if the applicant brings in security and if so how many. Ms. Jouflas stated there are three security and twenty staff members. Commissioner Menconi wondered if there was enough security provided. Ms. Jouflas stated they only had one problem last year and it was taken care of immediately. She stated they have a new rule that a patron will only be served two drinks unless they are eating food. Commissioner Menconi asked if there was a way to have parking on their property. Ms. Jouflas stated she believes the field next to the barn could be fenced off and used for parking. Commissioner Stone moved the Board finds compliance with the following findings: 1. The reasonable requirements of the neighborhood and the desires of the adult inhabitants has been met. 2. The licensee does have possession of the establishment. 8 05-20-2003 3. As conditioned, the applicant will be in compliance with the applicable zoning laws ofthe County. 4. There is compliance with the distance prohibition in regard to any public or parochial school or the principal campus of any college, university or seminary. 5. The applicant is in compliance with the legislative declaration that the Colorado Liquor Code are an exercise ofthe police powers ofthe State for the protection ofthe economic and social welfare and the health, peace and morals of the people of this State. Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Stone moved to approve a modification of premises for Wolcott Yacht Club LLC, d/b/a Wolcott Yacht Club, contingent upon full compliance with the Eagle County Land Use Regulations, more specifically with regard to parking for the additional premise. Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Stone moved to adjourn as the Eagle County Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Commissioner Menconi seconded the motion. The vote was declared unanimous. PR-00021, CMC Eagle River Valley Academic Center Joe Forinash, Planner, presented file number PR-00021, CMC Eagle River Valley Academic Center. He stated the Planning Commission recommended approval with conditions. They deliberated on the following items: Explanation of information provided regarding ability oflarge vehicles to negotiate turns in the parking lot. Whether the storm water management plan based on the proposed detention pond is adequate in the event that the potential regional pond is not built. Nature of the "future buildings" shown on the site plans, and whether this approval would include those buildings. Timing and guarantee of installation of landscaping. Intentions and timing for achieving LEED certification. Whether any easements will need to be either vacated or created as a result of this proposed development. Mr. Forinash stated the proposed development is for a two story, 30,525 square foot, academic building located on the 16.0 acre Tract A ofthe Berry Creek / Miller Ranch PUD, representing the initial phase of development by Colorado Mountain College on this site. Other proposed site features include 158 parking spaces, a future ECO Transit bus shelter, and drainage to a detention basin near the east corner of the Tract that may eventually be converted to a larger regional pond on portions of this Tract and the adjoining Recreation Tract C. Access to the site from Miller Ranch Road is proposed at a location approximately 280 feet east of the proposed round-about intended to provide access to both the CMC site and the school site (Tract B) on the north side of Miller Ranch Road. Construction ofthis initial phase is scheduled to begin in June 2003 and be completed by Spring 2004. Landscaping will be installed in phases over three years. The chronology of the application is as follows and as shown on staff report: 1999 - The Eagle County Recreation Authority (whose interests were later to be transferred to Eagle County) and the Eagle County School District (RE-50J) entered into a Intergovernmental Agreement to develop the Berry Creek / Miller Ranch site on a joint basis. 2000 - A PUD Sketch Plan was approved by the Board of County Commissioners. 9 05-20-2003 2002 - A Combined PUD Sketch / Preliminary Plan Berry Creek / Miller Ranch was approved by the Board of County Commissioners in March. 2002 -- The final plat for the Berry Creek / Miller Ranch PUD was approved in May. Referral responses are as shown on staff report and as follows: Eagle County Engineering Department Various comments regarding easements; future structures; drainage and the drainage report; realignment of the existing path along Miller Ranch Road; culverts; adequacy of room for turning of large vehicles in the parking area; vacating and re-dedicating portion of the right-of-way for the roundabout, including concurrence of the property owner across Miller Ranch Road (Eagle County School District); responsibility for erosion control; and other items. Eagle County Facilities Management All electrical services to and within the site must be underground. CMC should alter their grading plan to utilize fill from the pond location to balance a larger site area rather than balance its site alone. Sand/oil interceptor should be provided on storm outfall to pond area or other means to maintain water quality. Questioned how landscape irrigation will be provided on the CMC site. CMC will probably have to participate in a central landscape irrigation system supplied by the pond. CMC should plan to use the pond site as a borrow location for their grading. Additional comments from Peak Civil Engineering, Inc., to Facilities Management include that [1] the 20 inch steel culvert that crosses under the railroad be changed to a 24 inch diameter concrete pipe for a length of 35 feet and a slope of 1.0%, and [2] a concrete headwall be installed at the inlet of the extended concrete pipe. ECO Trails No comment ECO Transit Based on a recent informal survey of CMC students, it is important for ECO to provide bus service to this location. Driving buses through the CMC parking lot to access the shelter and to turn around poses a significant safety issue. It is also important for ECO to have the option of either turning around at CMC (to travel back to Edwards Spur Road and on to 1-70) or to continue eastbound on Miller Ranch Road to Highway 6 after picking up or dropping off CMC passengers. Holy Cross Energy The site is within its certificated service area and Holy Cross Energy has existing power facilities and adequate capacity to provide electric power to the development. Additional Referral Agencies: Eagle County Assessor, Eagle County Attorney, Eagle County Environmental Health, Eagle River Fire Protection District, Edwards Metro District, Upper Eagle Water & Sanitation District, Century Tel, Holy Cross Energy, KN Energy Mr. Forinash stated the Preliminary Plan for Berry Creek / Miller Ranch PUD, approved by the Board of County Commissioners on 5 February 2002, created large development tracts for future development activities and projects. The Preliminary Plan provided for the development of Miller Ranch Road and conceptually indicated where access to this road may occur from the individual tracts. The uses for the respective Tracts within the PUD were identified as part of the Preliminary Plan, but the detailed plans for each of the uses were not available at the time. The PUD Guide provides certain additional Site Specific Development Review procedures for each of the Tracts. This Site Specific Review is for Phase 1 improvements on Tract A of the Berry Creek / Miller Ranch PUD. The specific development review procedure for this Alternative Use Tract requires a 10 05-20-2003 review ofthe proposed development to ensure that it is consistent with the vision of the overall PUD and Preliminary Plan. Colorado statutes require Colorado Mountain College to submit a site development plan to prior to construction of any structure or building. In addition to the type of information and level of detail provided as part ofthe site development plan required by statute, CMC is required to provide engineering detail for those elements of the site design which have potential off-site impacts, such as drainage and points of access to public roads, sufficient to enable the County Engineer to review and provide recommendations to the Planning Commission and the Board of County Commissioners. The Design Review Committee for the Berry Creek / Miller Ranch PUD (comprised of representatives of Eagle County, Eagle County School District, and the Edwards community at-large) has also reviewed the proposed CMC development on this Tract, and approved the design with conditions to include [1] architectural design changes to modify the window headers and gable ends as discussed; [2] a phased landscape plan showing a planting schedule, including types and location of materials and timing ofplantings; [3] submission of sample materials and colors to be used on the building; and [4] the final determination of the roof color. Findings addressed by this Staff Report are those related to consistency with the [1] PUD Guide, [2] the PUD Preliminary Plan, [3] the Master Circulation Plan, and [4] the Master Drainage Plan. Consistency with the PUD Guide Uses and Dimensional Limitations The Preliminary Plan approved for the Berry Creek / Miller Ranch PUD contemplates the development of Tract A as a site for a college facility and other related educational, learning and training facilities. The proposed development is consistent with the permitted uses stated in the PUD Guide for Tract A and conforms to the dimensional limitations regarding minimum setbacks (20 feet), maximum lot coverage for buildings (50%) and all impervious materials (SO%), and maximum building height (45 feet). Parking The minimum number of parking spaces to be provided is to be determined as a part of this site specific development review. The Applicant proposes to provide 158 parking spaces for this initial phase of development, which appear adequate to meet the needs of this type of facility. [+] FINDING: Consistency with the PUD Guide [PUD Guide, Section B.3.] The development occurring on this Tract IS consistent with the PUD Guide. Consistency with the PUD Preliminary Plan Landscaping The overall landscape plan for the Berry Creek / Miller Ranch PUD approved with the PUD Preliminary Plan includes a streetscape/landscape plan for the Miller Ranch Road right-of-way. Landscaping detail was shown along that part of Miller Ranch Road immediately southeast of its intersection with the Edwards Spur Road, in the vicinity ofthe Housing Tract D, and in the vicinity of the Berry Creek Middle School. Irrigation is proposed to be primarily by use of non-potable water. The overall landscape plan for the Berry Creek / Miller Ranch PUD provides that landscaping and irrigation of individual sites are to be reviewed during the site specific development review for each site. The landscape plan submitted for this phase of the CMC development is consistent with the overall landscape plan. Landscaping on the site is proposed to be completed in phases over three years, as shown in the application materials. Eagle County Facilities Management has questioned how irrigation will be provided on this site, and has suggested that participation in a central landscape irrigation system will probably be necessary. Pedestrian Path A portion of the existing pedestrian path that runs along Miller Ranch Road adjacent to this site is to be relocated to accommodate a traffic roundabout anticipated to be constructed on Miller Ranch Road at a future time, such as when a high school is constructed on Tract B across Miller Ranch Road. 11 05-20-2003 ECO Trails has indicated that it has no problem with the re-Iocation. Eagle County Engineering notes that no details, notes or design information has been provided for the re-alignment of this portion of the existing path. Electrical Services Holy Cross has provided a "will serve" letter. Eagle County Facilities Management has indicated that all electrical services to and within the site must be underground. Regional Pond The Grading and Drainage Plan for the site includes a detention pond near the east corner of the site. It was designed this way anticipating that a larger regional pond may be eventually constructed in the same general area and would straddle the common property line between this Tract and the Recreation Tract (Tract C). The timing of the construction of any larger pond is still being contemplated, but Eagle County Facilities Management has indicated that the Grading and Drainage Plan should be revised so that CMC utilizes the pond site as a borrow location for its grading and utilize fill from the larger potential pond location to balance the greater site which includes the Recreation Tract, rather than balancing its site alone. Easements Eagle County Engineering has raised several questions regarding vacation of the easement for the existing sanitary sewer lines and the need to create easements for the proposed re-Iocated sanitary sewer lines. Engineering has also requested a sheet showing existing easements on the site and indicating which may be affected by the proposed development. ECO Transit Stop ECO Transit has noted that it is unsafe for a bus to travel through the parking lot to access the shelter. Engineering has also noted that the design of the parking lot is such that large vehicles may have difficulty negotiating turns. In further discussion with ECO Transit, it has been determined that a pull- off along Miller Ranch Road that would access the proposed bus shelter without requiring buses to enter the parking area itself would be more desirable. This would likely require a revision to certain drainage features near Miller Ranch Road in the vicinity of the proposed bus stop, and an alternative re-alignment of the pedestrian path to avoid requiring buses to cross the pedestrian path to pull up to the shelter. ECO Transit has also noted the need for a turnaround along Miller Ranch Road to allow buses to serve CMC and to return to 1-70. Turning buses using the parking lot at the CMC site, as it is currently designed, is not desirable. An alternative for turning buses around may be possible at one of other sites along Miller Ranch Road, such as the parking lot at the Recreation Tract. Future Buildings Eagle County Engineering questions depicting buildings representing "future phase construction" which straddle the lot line common with the Recreation Tract. [+] FINDING: Consistency with the PUD Preliminary Plan [PUD Guide, Section B.3.] With the conditions of approval recommended below, the development occurring on this Tract IS consistent with the PUD Preliminary Plan. Consistency with the Master Circulation Plan Access to Miller Ranch Road A traffic study has been provided reflecting aT-intersection where the access to the parking area for this site enters Miller Ranch Road. The traffic study indicates that such aT-intersection is sufficient to handle the traffic generated by the proposed use. The Master Circulation Plan approved as part of the PUD Preliminary Plan provides a primary access point from Miller Ranch Road into this Tract and the high school site (Tract B) approximately 280 feet further to the northwest of that proposed as part of this development. Currently, the right-of- way for Miller Ranch Road includes a widened (circular) area at the point where the access to Tract A was initially intended. That widened portion of the right-of-way is depicted on most of the site drawings. 12 05-20-2003 While construction of a portion ofthe parking area within the widened (circular) portion of the Miller Ranch Road right-of-way may be acceptable in the short-run, Eagle County Engineering has questioned when the right-of-way for the existing roundabout will be vacated, and how and when the right-of-way for the roundabout at the proposed new location will be dedicated. In addition, it has not been demonstrated that the Eagle County School District is agreeable to the re-located roundabout. High Country Engineering has provided a written response dated 5 May 2003 addressing most of the engineering issues relating to the Master Circulation Plan. [+] FINDING: Consistency with the Master Circulation Plan [PUD Guide, Section B.3.] With the conditions of approval recommended below, the development occurring on this Tract IS consistent with the Master Circulation Plan. Consistency with the Master Drainage Plan Drainage and Drainage Report Eagle County Engineering notes that a signed and stamped Drainage Report is required. Engineering has also raised questions regarding certain features of the drainage plan and details of the drawings, including handling of irrigation water from the ditch that flows onto the sight. Culverts Eagle County Engineering has noted several questions regarding culverts, including culverts not addressed in the Drainage Report. Peak Civil Engineering, Inc., on behalf of Eagle County Facilities Management, has requested that the 20 inch steel culvert that crosses under the railroad be a 24-inch diameter concrete pipe for a length of35 feet and a slope of 1.0%, and that a concrete headwall at the inlet of the concrete pipe be included to provide increased hydraulic capacity and durability for the continuous flow-through of irrigation water that will discharge from the pond. Sand/Oil Interceptor Eagle County Facilities Management has requested that a sand/oil interceptor on the storm outfall to the pond area, or some other means, be provided to maintain water quality in the pond. Erosion Control Eagle County Engineering has questioned how the erosion control devices will be maintained and who will be responsible for their maintenance. High Country Engineering has provided a written response dated 5 May 2003 addressing most of the engineering issues relating to the Master Drainage Plan. [+] FINDING: Consistency with the Master Drainage Plan [PUD Guide, Section B.3.] With the conditions of approval recommended below, the development occurring on this Tract IS consistent with the Master Drainage Plan. Other Considerations Internal Circulation Eagle County Engineering has noted that the parking area is designed with very tight radii, and has questioned whether delivery vehicles will be able to get into, around and out of the parking lot. The Eagle River Fire Protection District has not provided a referral response. Other Concerns Eagle County Engineering has called out a few other miscellaneous items that should be addressed. High Country Engineering has provided a written response dated 5 May 2003 addressing most of the engineering issues relating to these Other Considerations. Doug Porterfield, DP A Architectural Group, stated he did bring some maps that were included in the Board's packets. He stated they are in the process of preparing an addendum to provide answers to the concerns from Engineering. Chairman Gallagher asked for public comment. 13 05-20-2003 Brian Odell, area resident, complimented the applicant on the proposal. He questioned Phase 2 and 3 and wanted to know if educational buildings were going to be on those phases also. Mr. Porterfield explained the phases and related they do not know the designs of future buildings as yet. It will depend on the needs of the college and demographics. Chairman Gallagher stated the college did commit to compliance with the Land Use Regulations concerning lot coverage, building heights, etc. Mr. Odell questioned if residential development will be a part ofthis project. Dave Verosky, Colorado Mountain College, stated they are in the process of completing their Master Plan and he does not see dormitories in the next five years. Commissioner Stone stated there are three more buildings in the shape of a quad that are proposed residential units. As a part of the PUD process the applicant must come back to the County each time they want to add a building. Mr. Odell stated his concern is with Edwards Access Road and it being able to handle the traffic. Commissioner Stone stated the County does have an access permit with CDOT. Mr. Verosky stated as part of future growth, they must also go through the Design Review Board, Partnership for Education and the County. Chairman Gallagher asked when they plan on breaking ground. Mr. Porterfield stated hopefully June. Commissioner Menconi requested at each of the partnership meetings there be discussion of where they are going with the 16 acres. He stated they see seven buildings now and there is talk about four more and so on. He stated there are rumors that they are looking into going to a four year institution. He requested they all work together. Commissioner Stone stated the Board has multiple personalities. He asked if they received the comments from himself and Karen Strackbein. Mr. Porterfield stated he spoke to Keith Montag and they believe those issued would be reviewed by the DRB at a later date. Commissioner Stone stated it was not required that they go back to the DRB. Mr. Porterfield stated the request for the roof of rust metal was a concern. Color ofthe flat roof was a concern. He stated they were looking at light gray. Commissioner Menconi asked about L.E.A.D. Mike Sawyer, Colorado Mountain College, stated their purpose was to position the building so that it will be L.E.A.D. certified. They are moving in that direction. There is a very favorable bidding climate. The college is taking the risk to design the building to the L.E.A.D. specifications. The campus at Vail is making great strides in raising money for this purpose. Chairman Gallagher spoke to the fax received from High Country Engineering. He asked if this had been okayed by the Fire Department. Mr. Porterfield stated Carol Mulson had received all the designs and they had made the necessary changes. Commissioner Menconi asked if they need to add a condition concerning round abouts and right of way. . Diane Mauriello stated if all the parties are in agreement it can come under condition number 6. Chairman Gallagher asked for public comment. There was none. Commissioner Menconi moved the Board approve file number PR-00021, Eagle River Parcel, incorporating staff findings and with the following conditions: 1. The proposed development be revised to incorporate the changes requested by Eagle County Engineering and Eagle County Facilities Management. 2. Prior to beginning construction, the Applicant provide such additional detail to satisfy the Eagle County Engineer and the Director of Facilities Management that the development will be 14 05-20-2003 adequately coordinated with other development in the area and that all adverse or potentially adverse off-site impacts will be adequately mitigated. 3. The bus access to the bus shelter for passenger pick-up be modified to improve convenience and safety in a manner satisfactory to the Director of the Eagle County Regional Transportation Authority and the Eagle County Engineer. 4. The Applicant provide a bond, or other form of collateral acceptable to the County Attorney, to guarantee installation of landscaping. 5. Except as otherwise modified by these conditions, all material representations of the Applicant in this application and in all public meetings shall be adhered to and be considered conditions of approval. 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 20, 2003. Attes : Clerk to the 15 05-20-2003