HomeMy WebLinkAboutMinutes 04/17/06
PUBLIC HEARING
April 17 , 2006
Present:
Peter Runyon
Tom Stone
Am Menconi
Bruce Baumgartner
Bryan Treu
Walter Mathews
Kathy Scriver
Chairman
Commissioner
Commissioner
County Administrator
County Attorney
Deputy County Attorney
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
Commissioner Menconi moved that the Board of County Commissioners go into Executive Session for the
purpose of receiving legal advice regarding the County's waterrights, pending projects and issues that may impact
the County including the Colorado River Basin Proposal, Camp Hale, Eagle Park Projects, the Eagle River MOD,
the Shoshone Call Reductions, lands use regulations and water rights adequacy all of which are appropriate topics
for discussion pursuant to C.R.S. 24-6-402(4)(a), Colorado Revised Statutes. Commissioner Stone seconded the
motion, which passed unanimously. At the close of the discussion, Commissioner Menconi moved to adjourn from
Executive Session which was seconded by Commissioner Stone and unanimously approved.
Consent Agenda
Chairman Runyon stated the first item before the Board was the Consent Agenda as follows:
A. Approval of Bill Paying for the Week of April 3,2006 (Subject to review by the Finance Director)
Mike Roeper, Finance Department
B. Approval of the Minutes of the Eagle Board of County Commissioners Meeting for March 21, 2006
Teak Simonton, Clerk and Recorder
C. Agreement between Eagle County and Jerome Evans PhD for Early Childhood Independent Evaluation
Kathleen Forinash, Health & Human Services
D. Agreement between Eagle County and Darlene Hoffman to Provide Family Services
Kathleen Forinash, Health & Human Services
E. Agreement between Eagle County and Jean Paradis to Provide Family Services
Kathleen Forinash, Health & Human Services
F. Agreement between Eagle County and Roaring Fork Family Resource Centers
Kathleen Forinash, Health & Human Services
G. Agreement between Eagle County and Mountain Valley Developmental Services
Kathleen Forinash, Health & Human Services
H. Intergovernmental Sub grant Agreement between Eagle County and the Colorado Department of State for
the Purchase of Help America Vote Act 30 I-Compliant Voting Systems
Teak Simonton, Clerk & Recorder's Office
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I. Agreement between Eagle County and Hart InterCivic, Inc. for the purchase of Direct Recording
Electronic Voting System
Teak Simonton, Clerk & Recorder's Office
r. Resolution 2006-046 Regarding the Matter of Amending the Eagle County Land Use Regulations,
Chapter
III: Building Resolution and Chapter II: Article 5 In Order To Strengthen the Application Submittal
Requirements; Criteria; and the Standards Pertaining To Water and Wastewater for Building Permits;
Subdivision and PUD Sketch and Preliminary Plans (Eagle County File No. LUR0060)
Jena Skinner-Markowitz, Community Development
Chairman Runyon asked the Attorney's Office if there were any changes to the Consent Agenda.
Bryan Treu, County Attorney stated that Item I had been slightly changed, the new contract version had
deleted the extended warranty, added some wording that would credit unused training fees, increase the number of
systems to 56 and reduce the contract price by $1235.
Commissioner Stone asked for clarification of Item J, he wondered what it covered.
Ms. Skinner-Markowitz stated that the resolution pertained to both water and wastewater. It is simply
solidifying the approved Land Use Regulations amendment that the Board has heard and approved.
Chairman Runyon asked Mr. Treu ifhe was comfortable with the changes made to Item 1.
Mr. Treu stated that he was comfortable with the changes made and was pleased with the reduction in cost.
Commissioner Stone moved to approve the Consent Agenda, Items A-J.
Commissioner Menconi seconded the motion. The vote was declared unanimous.
Citizen Input
There was none.
Commissioner Stone moved to adjourn as the Board of County Commissioners and re-convene as the Eagle
County Liquor Licensing Authority.
Commissioner Menconi seconded the motion. The vote was declared unanimous.
Eagle County Liquor License Authority
Kathy Scriver, Clerk and Recorder's Office
Consent Agenda
Renewals
A. Gore Range Brewery, LLC
Gore Range Brewery
This is a renewal of a Brew Pub Liquor License in Edwards. There have been no complaints or
disturbances in the past year. All the necessary fees have been paid.
B. Top of the Rockies, Inc.
The Lodge at Camp Hale
This is a renewal of a Hotel and Restaurant Liquor License in Red Cliff. There have been no
complaints or disturbances in the past year. All the necessary fees have been paid.
Commissioner Stone moved that the Board approve the Liquor Consent Agenda for April 17, 2006,
consisting of Items A-B.
Commissioner Menconi seconded the motion. The vote was declared unanimous.
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Commissioner Stone moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as
the Board of County Commissioners.
Commissioner Menconi seconded the motion. The vote was declared unanimous.
Resolution 2006-047 Designating the Week of April 17- 23, 2006, Earth Awareness
Week
Ray Merry, Environmental Health
Mr. Merry explained that the resolution would bring focus within Eagle County to the understanding that
the preservation and improvement of our environment is the responsibility of each individual. The Environmental
Health Department coordinates an annual poster contest for fourth grade students as well as visits schools to speak
with young people about environmental education. The poster contest will be held at the end of the Board's day on
April 25, 2006.
Chairman Runyon read the Resolution aloud.
Commissioner Menconi moved to approve Resolution 2006-047 designating the week of April 17-23,
2006, Earth Awareness Week.
Commissioner Stone seconded the motion. The vote was declared unanimous.
Resolution 2006-048 Honoring Private First Class Tyson Ivie for his Contributions
to and Sacrifice for Eagle County and the United States of America
Peter Runyon, Chairman
Chairman Runyon gave his personal thanks and stated that he honored and valued Mr. Ivie's service on
behalf of the United States of America, Eagle County and the community. He is impressed with what he and his
fellow soldiers are doing by stepping up for the Country.
Commissioner Stone read the Resolution aloud.
Commissioner Stone moved to approve Resolution 2006-048 honoring private first class Tyson Ivie for his
contributions to and sacrifice for Eagle County and the United States of America.
Commissioner Menconi seconded the motion. The vote was declared unanimous.
Planning Files
LUR-0055 Ea2le County Land Use Re2ulation Amendment for Stream Setback
Allison Ochs, Planning Department
NOTE:
Request to table to 5/16/06
ACTION:
Amendment of the eagle County Land Use Regulation Stream Setback Standards.
Ms. Ochs stated that the Planning Commission would make their final recommendation on May 3,2006.
Commissioner Stone moved that the Board table File No. LUR-0055, Eagle County Land Use Regulation
Amendment for Stream Setback until May 16,2006.
Commissioner Menconi seconded the motion. The vote was declared unanimous.
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PDSP-00021 and ZC-00077 Ea2le Valley Relil!ious Foundation PUD
Jena Skinner-Markowitz, Planning Department
NOTE:
Request to table to 5/16/06
ACTION: 40,000 sq. ft. multi-denominational religious facility which includes two (2) worship chapels;
religious education space; meeting space and caretaker residence.
LOCATION: 5.2 acres west of the Eagle River Mobile Home Park on Highway 6; West Edwards (Section 6
Township 5S Range 82W) Formally the Ruder property.
Commissioner Menconi moved that the Board table File No. PDSP-00021 and ZC-00077, Eagle Valley
Religious Foundation PUD until May l6, 2006.
Commissioner Stone seconded the motion. The vote was declared unanimous.
PDR-00031 The Residences at Park Hyatt Beaver Creek-A Hyatt Vacation Club Resort
Adam Palmer, Community Development
ACTION: Timeshare plan establishing 1/20th ownership interests in 15 condominium units to be constructed
in space that is currently part of the Park Hyatt Beaver Creek Hotel, for a total offering of 300 interval ownership
interest.
LOCATION: 100 East Thomas Place, Avon
STAFF RECOMMENDATION:
Approval
TITLE:
FILE NO./PROCESS:
LOCATION:
OWNER:
APPLICANT:
REPRESENTATIVE:
Park Hyatt Time Share Condos
PR-00031 1 Planning Review
100 East Thomas Place, Beaver Creek PUD, Resort Commercial use designation
East West Partners
East West Partners
Tish Palmer
STAFF RECOMMENDATION:
Approval
PLANNING COMMISSION RECOMMENDATION:
Approval
PROJECT DESCRIPTION
SUMMARY: The applicant is requesting approval for creation and marketing of timeshare plan establishing 1/20th
ownership interests in 15 condominium units to be converted from existing hotel rooms currently part of the Park
Hyatt Beaver Creek Hotel, for a total offering of 300 interval ownership interests.
CHRONOLOGY:
1989: Hotel originally constructed
1990: Condominium Declarations recorded for Beaver Creek Hotel
2006: Building permit BP-I7222 issued for conversion of 36 hotel rooms into 15 condominium units.
SITE DATA:
Surrounding Land Uses / Zoning:
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East:'
West:
North:
South:
Beaver Creek PUD Resort Commercial
Beaver Creek PUD Resort Commercial
Beaver Creek PUD Resort Commercial
Beaver Creek PUD Resort Commercial
~xisting Zoning:
Total Area:
Access:
PUD
NA/ units only
Beaver Creek Blvd/Avondale Lane
STAFF REPORT
REFERRAL RESPONSES:
All land owners within the resort commercial land use designation were notified as well as newspaper publication
pursuant to notice requirements outlined in Section VIII: Timeshare Regulations of the Beaver Creek PUD Guide.
One referral response from Eagle County Engineering was received, see attached.
STAFF DISCUSSION:
Timeshare uses are allowed in the underlying Resort Commercial land use district for the subject property. The
proposed use is in compliance with the definition for "time-span estate" as set forth in CRS 38-33-110 as identified
in the Beaver Creek PUD Guide as an allowed use in the Resort Commercial land use district.
Pursuant to Section VIII: Timeshare Regulations of the Beaver Creek PUD Guide, a complete disclosure statement
and marketing plan is required of the applicant for the proposed timeshare uses. A disclosure statement and
marketing plan was submitted by the applicant with the required details included. The Beaver Creek PUD Guide
also requires that the following findings must be met in order for the Eagle County Commissioners to approve such
a use request:
1. The Eagle County Commissioners may disapprove the marketing plan if sales are to be made other than
through Colorado licensed real estate or securities salespersons,
The applicant has identified Slifer Smith and Frampton Real Estate as the firm responsible for selling the
300 interval shares for the project. This firm is a Colorado licensed real estate company.
2. The Eagle County Commissioners may disapprove the marketing plan if it appears that high pressure sales
tactics will be utilized.
While staff cannot accurately define "high pressure sales tactics" nor determine whether or not such
practices are being used since sales of units have not commenced, staff does not expect high pressure sales
tactics to be utilized as determined from the applicant's marketing plan and use of a reputable local real
estate firm.
3. The Eagle County Commissioners may disapprove the marketing plan if parking or traffic problems are
likely.
Eagle County Engineering submitted a referral response and had no particular comments with respect to
parking or traffic problems. The conversion of 36 hotel units to 15 condominium units reduces required
parking pursuant to the Eagle County Land Use Regulations, and the proposed use is in compliance. It is
expected that the use will have no significant impact on traffic or existing road use.
4. The Eagle County Commissioners may disapprove the marketing plan if it is inconsistent with the general
health, safety and welfare of persons within Eagle County, Colorado.
The proposed use is not expected to have impacts inconsistent with the general health, safety, and welfare
of persons within Eagle County, Colorado.
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s: The Eagle County Commissioners may disapprove any time span estate which does not provide for the unit
owners' association or corporation to pay real property taxes and assessments as provided by CRS 38-33-
111(3).
The disclosure statement submitted by the applicant outlines unit owners' association and percentage
interests, as well as real property tax allocation and assessment.
[+] FINDING: Conformance with PUD: The proposed use DOES comply with
requirements and policies outlined within Section VIII: TIMESHARE
REGULATIONS of the Beaver Creek PUD Guide.
DISCUSSION:
Mr. Palmer stated that the applicant is requesting approval for creation and marketing of timeshare plan
establishing 1/20th ownership interests in 15 condominium units to be converted from existing hotel rooms that are
currently part of the Park Hyatt Beaver Creek Hotel, for a total offering of 300 interval ownership interests. A brief
chronology of the property was given. He indicated that all staff findings were positive and staff recommended
approval.
Commissioner Runyon questioned the real estate property tax rate. He wondered if the rates would be
switching from commercial property tax rates to residential.
Mr. Palmer stated that the hotel rooms were condominiumized in 1990. Converting them over to larger
units will only be amending the condominium map.
Commissioner Stone stated that the property tax rates were residential.
Commissioner Stone moved to approve File No. PR-00031, The Residences at Park Hyatt Beaver Creek,
incorporating staff findings.
Commissioner Menconi seconded the motion. The vote was declared unanimous.
Bryan Treu stated for the record that because there was no one from the public to speak, public comment
was not necessary.
There being no further business befor.<~e meeting was adjourned until April 25, 2006.
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