Loading...
Minutes 03/17/09 PUBLIC HEARING March 17, 2009 Present: Sara Fisher Peter Runyon Jon Stavney Keith Montag Bryan Treu Robert Morris Teak Simonton Kathy Scriver Chairman Commissioner Commissioner Acting County Manager County Attorney Deputy County Attorney Clerk to the Board 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 There was none. Consent Agenda Chairman Fisher stated the first item before the Board was the Consent Agenda as follows: A. Approval of bill paying for the week of April 16, 2009 (subject to review by the Finance Director) Finance Department Representative B. Approval of the minutes of the Eagle County Board of Commissioners Meetings for February 10,2009 Teak Simonton, Clerk & Recorder c. Assignment of Contract from ValueCheck, Inc. to ValueWest, Inc. for Assessor's Office payment of servIces Assessor's Office Representative D. Underground Right-of-Way Easement between Eagle County and Holy Cross Energy for Recycle Transfer Facility Ron Siebert, Project Management E. Agreement between Eagle County and Holy Cross Energy defining requirements and obligations for electrical installation and service to the Recycle Transfer Facility Ron Siebert, Project Management F. Final Settlement of Agreement between Eagle County and Gateway Construction for the El Jebel Road & Bridge Shop Tom Johnson, Public Works G. First Revision to Amendment between NIATION, Inc. and Eagle County for additional design engineering servIces Rick Ullom, Project Management H. Adoption of Agreement between GMCO LLC of Colorado and Eagle County for the 2009 Chipseal Project Road & Bridge Department Representative 1 03/17/09 I. Resolution 2009-015 Approval of Appointments County Attorney's Office Representative J. Resolution 2009-016 for Final Release of Collateral and Termination of the Warranty Period for Red Table Acres Homeowners Association Public Way Permit No. 3381 County Attorney's Office Representative K. Agreement between Eagle County and TUSCA II for Termination of Agreement for Construction and Design of Household Hazardous Waste Facility County Attorney's Office Representative L. Agreement between Eagle County and All Valley Women's Care for Prenatal Services Jill Hunsaker, Health & Human Services M. Agreement between Eagle County and Elam Construction for 2009 Overlay Project Road & Bridge Representative N. Minor Type B Subdivision / The Pointe at Edwards, are-subdivision of the Pointe at Edwards and Tract B, South Forty Subdivision - Filing No.1 (Eagle County File No. 5MB-1620) Bob Narracci, Community Development Chairman Fisher asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney stated that he had no concerns with the consent agenda as presented. Commissioner Stavney moved to approve the Consent Agenda, Items A-N. Commissioner Runyon seconded the motion. The vote was declared unanimous. Commissioner Runyon moved to adjourn as the Board of County Commissioners and re-convene as the Eagle County Liquor Licensing Authority. Commissioner Stavney seconded the motion. The vote was declared unanimous. Eagle County Liquor Licensing Authority Kathy Scriver, Clerk and Recorder's Office APPLICANT: DBA: REPRESENTATIVE: LOCATION: REQUEST: STAFF REPRESENTATIVE: CONCERNS / ISSUES: Falcon & Falcon, LLC Cafe Milano Michael Cavett and Dustin Aipperspach, owners 429 Edwards Access Road - Edwards, CO Temporary Permit Kathy Scriver None DESCRIPTION: Falcon & Falcon, LLC has applied for a Transfer of Ownership from Cafe Milano, Inc and has requested a Temporary permit to allow them to operate during the period in which the application to transfer the ownership of the license is pending. The applicant has submitted all of the required documents and associated fees for the transfer. STAFF FINDINGS: 2 03/17/09 1. The premises where the alcoholic beverages will be sold have been previously licensed by the state and Local Licensing Authorities, and were valid as of the date of receiving the application. 2. The applicant has applied on forms provided by the Department of Revenue and includes the name and address of the applicant, the names and addresses of the president, vice-president, secretary and managing officer, the applicant's financial interest in the proposed transfer, and the premises for which the Temporary Permit is sought. 3. A statement that all accounts for alcohol beverages sold to the applicant are paid has been filed. 4. The application for the Temporary Permit has been filed no later than thirty (30) days after the filing of the application for the transfer of ownership and the appropriate fees have been paid. STAFF RECOMMENDATION: All findings are positive and staff recommends approval. DISCUSSION: Ms. Scriver presented the staff findings from the staff report. The applicants/owners Michael Cavett and Dustin Aipperspach, were present. Chairman Fisher asked the applicants to share something about their restaurant and any other plans included in the transfer. Mr. Cavett stated the restaurant theme was an Italian bistro. They would be open for breakfast, lunch, and dinner upon approval of the liquor license. Chairman Fisher asked if the license included the outside eating area. Ms. Scriver stated that the outside patio area was included in their lease and the applicant had requested it be included in the licensed premises. At this time, staff had no concerns with the request. The area was previously licensed however, had never been fully utilized by the previous owner. Chairman Fisher expressed concerns for public traffic through the licensed premises and asked the applicants to explain management of the area. Mr. Cavett stated that any alcohol would be served in glasses and there would be a server designated to the patio area at all times. Chairman Fisher reminded the applicants to be cognizant of the responsibilities that go along with holding a liquor license in Eagle County. She suggested the applicants contact the Sheriffs Office in order to educate their staff on issues of over service, etc. Commissioner Stavney moved that the Local Liquor Licensing Authority approve the issuance of a Temporary Permit to Falcon & Falcon, LLC, which will be valid until such time as the application to transfer ownership of the license is granted or denied or for one hundred twenty (120) days, whichever occurs first; except that, if the application to transfer the license has not been granted or denied within the one-hundred-twenty day period and the transferee demonstrates good cause, the local licensing authority may extend the validity of said permit for an additional period not to exceed sixty (60) days. Commissioner Runyon seconded the motion. The vote was declared unanimous. APPLICANT: REPRESENTATIVE: LOCATION: STAFF REPRESENTATIVE: CONCERNS/ISSUES: Eagle Valley Chamber of Commerce Tim Cochrane, President/CEO Eagle River Center - 0794 Fairgrounds Road, Eagle Kathy Scriver None DESCRIPTION: 3 03/17/09 Eagle Valley Chamber of Commerce is requesting a special event permit for a Bull Riding event being held at the Eagle River Center on April 11, 2009 from Noon to 11 :00 p.m. STAFF FINDINGS: · This application is in order, all application requirements have been met, all necessary documents have been received, and all fees have been paid. · Public notice has been given by the posting of a sign in a conspicuous place on both premises on March 5,2009, 11 days prior to the hearing. · There have been no protests filed in the Clerk and Recorder's Office. · The applicant has provided proof of server training and an alcohol management plan. · Staff has had no problems with events held by the applicant in the past. DISCUSSION: Ms. Scriver presented the application. She indicated that staff had no concerns with the application. Chairman Fisher asked the applicant Tim Cochrane to share information about the event. Mr. Cochrane introduced Steven Quiring, Chamber Board Chairman and Peter Struve, Board Member. He spoke about the goals and recent changes within the Chamber. He spoke about the Chambers desire to preserve the western heritage and ranching community within Eagle County. He stated that the chamber had been successful in bringing various events in keeping with those desires over the years and had enjoyed 8-10 very successful events held in the Eagle River Center without any incidents. He would be involved in this event to make sure that record stayed in tact. He expected the Bull Riding event to be a success. The Dusty Boot would be supplying all the food. There would be ill stations were individuals wishing to purchase alcohol would be asked for identification and banded. There would be off-duty deputies to help with crowd control and Lone Star security was in charge of the ID checks and door security. Commissioner Stavney asked if the eating area had a dirt floor. Mr. Cochrane stated that the floor would be tarped and carpeted. Chairman Fisher asked if security would be present during all the hours requested on the application. Mr. Cochrane stated that there would security there the entire time. The additional time requested on the application would allow for set up and tear down. Commissioner Stavney moved that the Local Liquor Licensing Authority approve the Special Event Permit for the Eagle Valley Chamber of Commerce Bull Riding event held on April 11, 2009 from 12:00 p.m. to 11 :00 p.m. at the Eagle River Center. Commissioner Runyon seconded the motion. The vote was declared unanimous. APPLICANT: REPRESENTATIVE: LOCATION: STAFF REPRESENTATIVE: ISSUES/CONCERNS: Taste of Vail, Inc. Amy Oberley, Event Manager West of the Eagle's Nest Gondola terminal on Vail Mountain Kathy Scriver None DESCRIPTION: Taste of Vail, Inc. has requested a special event permit for their annual Taste of Vail event being held on Vail Mountain, April 3, 2009 from 9:00 am to 4:00 pm. 4 03/17/09 STAFF FINDINGS: . This application is in order, all application requirements have been met, all necessary documents have been received, and all fees have been paid. · Staff has had no problems in the past with events held by the applicant. . Public notice has been given by the posting of a sign in a conspicuous place on the premises on March 5,2009, 11 days prior to the hearing. . There have been no protests filed with the Clerk and Recorder's Office. . The applicant has provided proof of server training and an alcohol management plan. DISCUSSION: Ms. Scriver presented the application as presented in the staff report. Kevin Foley presented the details of the event. The area would be walled by snow. 60 wineries and 18 restaurants were invited. Attendance would be anywhere from 700-900. The event did not open until 12:30 pm but the wine would be shipped up to the site during the morning hours. There were no questions from the board Commissioner Runyon moved that the Local Liquor Licensing Authority approve a Special Event Permit for the annual Taste of Vail event held on April 3, 2009, from 9:00 a.m. to 4:00 p.m. Commissioner Stavney seconded the motion. The vote was declared unanimous. Commissioner Stavney moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Board of County Commissioners. Commissioner Runyon seconded the motion. The vote was declared unanimous. Citizen Input Chairman Fisher opened citizen input. Stew Weinerman, Eby Creek Mesa Road resident spoke to the board about a possible west 1-70 Eagle Interchange or some variation. He presented the board with illustrations that he put together of something he thought might be a viable interchange. Chairman Fisher encouraged Mr. Weinerman to contact Eva Wilson, Director of Engineering to discuss this further. Commissioner Runyon added that the board had looked at the situation, and the airport interchange was enormously expensive. He had just been in Washington lobbying for funds to make this happen. He believed there was a good possibility it could happen in the near future. The project was in the $40 million range and the Colorado Department of Transportation was somewhat concerned about the proximity to the Eagle interchange. Mr. Weinerman stated that he did not believe the airport interchange would relieve the traffic problems in Eagle. Commissioner Stavney stated that if the airport interchange did not get funded with stimulus dollars there were a number of other options on the table. Chairman Fisher thanked Mr. Weinerman for his time and closed citizen input. 5 03/17/09 State of the County Presentation County Commissioners Commissioner Runyon presented the state of the county address. He recognized the rest of the board and elected officials present. A video of the past year's highlights and accomplishments was presented. He thanked Josh Stowell and Scott Fifield for their hard work creating the film. He spoke about the election, the economy and Eagle County's year. He highlighted a handful of great projects accomplished. He provided specifics about each department's accomplishments. He showed the improvement in the county culture survey results from 2006 to 2008. He expressed confidence that 2009 would be a year of significant achievements. Chairman Fisher spoke about the vision for 2009. She thanked the seniors for being at the presentation, and remembered those who were no longer living. She spoke about the fact that there were many changes coming in 2009. She spoke about the world of uncertainty, and yet she believes Eagle County was prepared for the situation. Sales taxes for January were down 24%. With that in mind, the budget for 2009 included monies and contingency funds for anticipated reductions in revenues. She assured all present that the county was prepared for the long haul. The reduction in sales tax affects the land fill and road and bridge department as well as the ECO transit system. Many people rely on the bus system and they intend to do everything possible to maintain the level of service. She believed that everyone should be proud of the organization and provide the best possible service and personal for the people served. There is ongoing collaboration with Eagle County municipalities and districts. She spoke about the capital improvement fund and the fact that the board needed to look to the future. She spoke about all of the directors and elected officials in their role helping with being responsible and looking towards the future. The expansion of the justice center was costing around $24 million and was being done without asking for a tax increase or needing to leverage the funds. When the center opens, it is expected to be at almost 90% capacity. In the future additional modules could be added as the need arises. Almost all of the 2009 projects were partnered projects. The runway expansion cost was around $22.5 million, and 95% of those funds came from the FAA. The shoulder widening of Highway 6 was also matched more than 50% by CDOT. The recycle center at the landfill was a 14,000 square foot facility and they are currently looking for partners with other communities and counties. She spoke about many other current capital projects. She thanked the finance department for their hard work and dedication to Eagle County. She also thanked the Human Resource department for their efforts in the absence of a director. She thanked Keith Montag for his work as Acting County Manager for the past three months. He is helping craft the job description for the new county manager. She thanked Bryan Treu for his work as County Attorney. She encouraged everyone to review the 2008 annual reports available. She indicated that the board would continue to work with the salary committee to determine when and if wage adjustments could be made in 2009. She considered herselflucky to work in such an outstanding organization with great benefits and commitment to the community. She encouraged thoughts and ideas from the employees to make Eagle County the model of excellence by 2010. She thanked everyone for being present and working for the county. Commissioner Stavney began the awards presentation. He invited everyone to stand up and shake hands with their neighbors. He spoke about the 550 employees in the county organization, all of whom represented the most precious county asset. He introduced each individual and read the profile about each person. Employee Awards Diana Kafka, Human Resources 5 SEIFERS, OVID W. 5 ANDERSON, CHRISTOPHER 5 KELLY, MICHAEL 5 KOHRMANN, BRYAN S. 5 WARNER, KRISTINA 30 BERGLUND, RUTH 10 VIGIL, RIKKI R 5 SIMONTON, TEAK J. 5 KELLY, PHYLLIS 5 QUINONES, MARIA LOURDES 10 ROWE, BARBARA J 10 LINDOW, HELEN M 10 WILLEY, DENNIS G 6/16/2003 12/29/2003 2/4/2003 11/14/2003 3/17/2003 2/21/1978 2/23/1998 1/14/2003 3/17/2003 10/8/2003 1/7/1998 4/13/1998 6/29/1998 6 03/17/09 Airport Airport ARFF ARFF Assessor's Assessor's Attorney C&R C&R C&R C&R C&R Com Dev 5 BETTIS, KARA Coroner 5 SISK, GREGORY STEVEN 4/13/2003 ECO 5 SCHW ARTZ, ALL YSON 4/14/2003 ECO 5 ZIMMER, SHERYL LYNN 5/19/2003 ECO 5 BARRETT, GREGORY 5/27/2003 ECO 5 TAYLOR, HARRY 7/14/2003 ECO 5 WETZEL, JEFFERY L. 9/8/2003 ECO 5 BROWNE, STEVEN A. 11/12/2003 ECO 10 OLSEN, DONALD Y 2/28/1998 ECO 15 CARYL, EILEEN M 3/22/1993 ECO 15 FAWCETT, LAURA S 9/30/1993 Env Health 5 DAHLSEID, T ANY A 3/3/2003 Facilities 20 BAKER, BILL G 9/7/1988 Facilities 5 WILK, ROY 3/27/2003 Fleet 5 KANAKIS, GUSTY 10/6/2003 Fleet 5 NOLAN, PATRICIA 9/3/2003 HHS 10 SANCHEZ, ISABEL E 6/22/1998 HHS 10 ONTIVEROS, GUADALUPE 10/19/1998 HHS 30 MCCOLLUM, PATRICIA 9/27/1978 HHS 5 RIVERA, BENNY 10/1/2003 R&B 10 ADAMS, GORDAN 6/22/1998 R&B 5 HAY, TIMOTHY J. 5/20/2003 S.O. 5 HARRISON, ROSALIE 5/27/2003 S.O. 5 LANGFORD, MELISSA ANN 6/2/2003 S.O. 5 DINOWITZ, DAVID 6/2/2003 S.O. 15 COMROE, TIM 2/22/1993 S.O. 25 ANDREE, KIMBERLY 3/16/1983 S.O. 5 CORCORAN, DANNIE 1/14/2003 Surveyor 10 MARTINEZ, SOPHIA F 1/15/1998 Treasurer Planning Files VIS-2153 Eae:le-Vail Pool Pete Fralick, Engineering Department ACTION: The purpose of this Variance from Improvement Standards is to add one (1) access point from Eagle Road to the proposed Eagle Vail Pool. The proposed pool will be located adjacent to the existing pavilion. Currently, this location has two existing access points from Eagle Road. As a result, the applicant is requesting a variance from the maximum number of entryways regulation found in the Eagle County Land Use Regulations Section 4-620.J.9.c.(6). FILE NO.: RELATED FILE NOS.: LOCATION: OWNER: APPLICANT: REPRESENTATIVE: STAFF RECOMMENDATION: VIS-2153, Variance from Improvement Standards LEA-2058 0099 Eagle Drive; Tract J and Lot 34, Block 6, Eagle-Vail Subdivision Eagle-Vail Metropolitan District Eagle-Vail Metropolitan District Rick Pylman, Pylman and Associates, Inc. Denial 1. PROJECT DESCRIPTION A. SUMMARY: 7 03/17/09 The Eagle-Vail Metropolitan District, a quasi-municipal governmental entity within Eagle County, proposes to construct a new public swimming pool facility and related improvements on lands owned by the Metro District within the Eagle-Vail Subdivision. The proposed swimming pool facility is to be located along Eagle Road at the northeast corner of Pavilion Park. Pavilion Park has two existing access driveways to Eagle Road, and the applicant wants to add a third access for the pool and seeks a variance from improvement standards of the Eagle County Land Use Regulations (ECLUR) 4-620.J.9.c.6 Maximum Number of Entryways. The land use file was reviewed by the Eagle County Planning Commission on February 18, 2009, as a Location and Extent (LEA) application. The Planning Commission recommended approval with conditions. B. SITE DATA: Surroundin2 Land Uses / Zonin2: East: Metro District (Recreation) 'PUD' West: Residential (Multi-Family) 'PUD' North: Frontage Road; 1-70 ROW 'R' South: Residential (Multi Family) 'PUD' Existin!! Zonin2: PUD Proposed Zonin2: PUD Proposed No. of Dwelling Not Applicable Units: Total Area: 18.831 acres Water: Upper Eagle Regional Water Authority system Sewer: Upper Eagle Regional Water Authority system Access: Eagle Road 2. STAFF REPORT A. REFERRAL RESPONSES The referral notice was distributed via LEA-2058 on January 7, 2008. Eagle County Engineering provided a referral response dated January 28,2009 for the variance file. Eagle Couny Engineering Department - Please refer to attached referral response letter dated January 28, 2009. B. STAFF DISCUSSION: The existing Pavilion Park is located at 99 Eagle Drive at the intersection with Eagle Road in Eagle Vail. The proposed location of the third access is approximately 190 feet east of Eagle Drive on Eagle Road. Variance Request - Maximum Number of Entryways. (ECLUR) 4-620.J.9C.(6) The applicant seeks a variance from the Maximum Number of Entryways requirement. Specifically, the section reads as follows: Maximum Number of Entryways. Generally, no more than one (1) entryway shall be allowed for any parcel of property where the frontage is less than one hundred (100) feet. Additional entrances or exits for parcels of property having a frontage in excess of one hundred (100) feet shall be permitted only when the applicant demonstrates they are required for actual convenience and necessity, and that safety to the traveling public will not be compromised. 8 03/17/09 Reference Eagle County Land Use Regulations (ECLUR) 4-620.J.9.a. Findings. Control of access to public streets and roads is an area of increasing concern, since roads are rarely being built or upgraded fast enough to accommodate increases in traffic. The proliferation of access points and driveways along major local roads and state highways impairs the ability of such roads to efficiently carry traffic. Effective control of access can enhance the carrying capacity and safety of most roadways by reducing the opportunity for turning movements both to and from a major roadway. In addition, elimination of turning movements can decrease the need for acceleration and deceleration lanes. Section 43-2-147(1), C.R.S., authorizes local governments to regulate vehicular access to or from any public highway under their respective jurisdiction from or to property adjoining a public highway. Local governments control and operate streets and roads that are not a part of the state highway system. An effective access management system must consider the role that local streets and roads play in the overall transportation network. Property owners have the right of reasonable access to the general street system. It is recognized that an access management system can influence decisions concerning the use of property. An effective access management system must recognize and consider its impacts on public and private land use decisions while meeting the intent and purposes of the Act. State Highway Access Code 2.6 (6) Vehicular use and operation of local roads where they connect to (access) a state highway is the responsibility of the appropriate local authority. The local authority should maintain such state highway access location in conformance with the (Access) Code to the extent feasible and practicable within statutory and public funding limitations. Eagle County reviews and approves access requests via applications for construction within the public way. C. STAFF FINDINGS: 1. Safety to the traveling public and roadway efficiency is compromised with a third access to Eagle Road. a. The third access and the associated drop off area have the potential to create the queuing of vehicles onto Eagle Road. b. With a third access, the pool drop off area could become a vehicle cut through to the Pavilion. Internal access to the pool drop off via dedicated cul-de-sac is a safer alternative. c. Adding a third access increases the number of conflict points on Eagle Road. Criteria for Evaluation by the County Eneineer The County Engineer's responsibility in a variance application is described in Section 4-610 A.2. of the ECLUR. It states in part, "The County Engineer's evaluation shall consider whether the alternative will provide for an equivalent level of public safety and whether the alternative will be equally durable so that the normally anticipated user and maintenance costs will not be increased." Criteria for Evaluation bv the Board of County Commissioners The Board of County Commissioner's responsibility in a variance application is described in Section 5-260 G.2. of the ECLUR. It states in part: "The Board of County Commissioners shall balance the hardships to the petitioner of not granting the variance against the adverse impact on the health, safety, and welfare of the persons affected, and the adverse impact on the lands affected." 9 03/17/09 The Board may consider a hardship to be caused when the petitioner will be deprived of some or all of his right to use the land if the ECLUR is strictly followed. Board of Countv Commissioners Findin2s The Board of County Commissioners must make the following finding in order to approve or deny this file: (ECLUR 5-260.G.2.) Findings for Variance Request - Maximum Number of Entryways The Board of County Commissioners shall balance the hardships to the applicant of not granting the Variance against the adverse impact on the health, safety, and welfare of persons affected, and the adverse impact on the lands affected. List of Attachments # Name Pa2es A November 7,2008 Memo from Engineering Staff, Comment 3 Speaks to Access 1 B Aerial of Site 1 C Applicants Site Plan 1 D 60' Hammerhead Fire Apparatus Turning Diagram 1 E Resolution of Minutes from February 18, 2009, Planning Commission Hearing 1 F Adjacent Property Owners Mailing List & Letter 3 G Legal Notice Published in Eagle Valley Enterprise 1 H Sign Posting Affidavit Acknowledgement 1 DISCUSSION: Mr. Fralick presented the applicant's request. The applicant proposes to construct a new public swimming pool facility and related improvements on lands owned by the Metro Distinct with in the Eagle-Vail Subdivision. He provided a site plan and design rendering of the facility. The applicant had requested a third access for the proposed pool on Eagle Road. As such, the applicant was requesting a variance from the improvement standards of the Eagle County land use regulations. The Eagle County Planning Commission recommended approval with conditions. Staff believed a third access would increase the number of vehicle conflict points on Eagle Road. Rick Pylman of Pylman and Associates, Inc. spoke behalf of the Eagle-Vail Metro District. He stated that the current swimming pool was 30 years old and was not open during the summer of 2007 due to a technical issue and cost. They had reviewed alternate locations and ended up doing a study that reinforced the chosen site. He presented a PowerPoint presentation that illustrated the design of the proposed facility. He presented the applicant's response to the access and design concerns of the project. He believed that the access would not compromise safety or be a hazard to traffic on Eagle Road. The new pool would not be much larger than the existing pool. The site plan included a smaller kid's pool, lobby/changing building and the 6 lane pool. There would be a lot of pedestrian bike access and a one way in drop-off area with only one way out. The third access would keep the pool and pavilion parking segregated. Sherry Dorward stated that she believed the applicants design would be efficient, safer, clearer and would segregate any pavilion traffic. Mr. Pylman stated that safety to the traveling public would be compromised. The pool would only be open 90 days per year. Commissioner Runyon stated that the distance between the access points were small. Ms. Dorward did not believe the distance was an issue. Commissioner Stavney wondered if the Eagle River Fire District had reviewed the application. He also asked if the parking area would be gated during the off season. Ms. Dorward stated that gating the parking area had not been discussed. 10 03/17/09 Mr. Fralick stated that the Fire District had expressed approval of the proposal, however they had not been given the opportunity to review the current design. Mr. Pylman stated that he did not believe that an additional access on Eagle Road would be an issue considering the number of current access points. He understood the Engineering Department perspective but the applicant better understand the needs of the community. Chairman Fisher opened public comment. Tom Allender, Eagle-Vail Metro District spoke. He stated that the process had been long and very public process. The community was committed to this design. He fully supported the design. Tracy Walters spoke. He stated that the facility would be community amenity. He believed the parking and drop off area was a safe design. The HOA supported the proposal. He failed to see understand the concern with having a third access point. John Nichols spoke in support of the proposal. Chairman Fisher closed public comment. Mr. Fralick responded to the applicant's presentation. He spoke about the existing and proposed development in the area. He believed there would be an increase in traffic on the road in the near future. This access, if approved would be there forever. He believed the applicant should show that the proposed access would be safer than the existing two access points. Chairman Fisher asked the distance from Eagle Drive to the proposed access. Jason Cowles, with Alpine Engineering stated that it was approximately 195-200 feet. Chairman Fisher spoke about the pavilion parking and wondered if re routing the parking would cause confusion. She asked Eva Wilson to speak about her perspective. Eva Wilson stated that the Engineering Department had been working to reduce access points on primary roads. Eagle Road is a major part of the Eagle Vail area. Staff had proposed an alternative entrance from the pavilion parking lot. This alternative access was approved by the fire department. Commissioner Runyon asked Ms. Wilson if they considered the option of eliminating the middle access point. Ms. Wilson stated that staff did not believe it was an optimal option. Commissioner Runyon asked Mr. Pylman why the alternative design proposed by staffwas not doable. Mr. Pylman stated that the size of the drop off circle was too small and not functional. Ms. Dorward sated that they were trying to minimize the amount of pavement. Ms. Wilson stated that the hammerhead design proposed by staff was sufficient and achievable. Commissioner Runyon stated that he understood Mr. Pylman's point and the potential for overloading the system seemed fairly limited. However, there is a need to look to the future. Mr. Pylman believed that their proposal was the most appropriate. However, he thought that staff s proposal would provide better traffic flow if it were enlarged and had a landscaped island in the middle. Mr. Fralick compared the two designs and stated that the amount of asphalt used was comparable. Commissioner Stavney stated that he believed that the safety issues were neutral. He did not believe that one was safer than the other. He believed the applicant's design was more functional and flowed better. However, the question is was about existing versus future uses. He believed there was a lot of potential for the Eagle Vail area. He'd heard a lot of complaints about Eagle Road and shared staff s concerns with the addition of another access point. Chairman Fisher stated that the biggest challenge for her was the completion of the Eagle-Vail Master Plan. It's possible this could be retrofitted in the future. However, establishing a new entryway off Eagle Road would be premature. Mr. Pylman stated that the future is a big unknown. To postpone the pool was an emotional issue. Commissioner Runyon asked staff if any of the discussion had changed the balance of the equation. Ms. Wilson stated that they still believed there was a viable option. However, they had not changed their mind. Commissioner Runyon asked the applicant if staff s recommendation was doable. Mr. Pylman spoke about his concerns for parents dropping off on Eagle Road rather than pulling in the parking area. They felt strongly about their design. 11 03/17/09 Mr. Fralick stated that the applicant currently had two safe access points and should work with the two they already have. Commissioner Stavney stated the he supports staff s vision for the future and the access point would be hard to take away in the future. Commissioner Stavney moved to deny VIS-2I53 variance from improvements standards. Commissioner Runyon seconded the motion for discussion. Commissioner Runyon believed it was important to defer to staff s expertise. Chairman Fisher called for the vote. The vote was declared unanimous. There being no further business before the 12 03/17/09