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Minutes 07/13/10 PUBLIC HEARING July 13, 2010 Present: Sara Fisher Chairman Peter Runyon Commissioner Jon Stavney Commissioner Keith Montag County Manager Bryan Treu County Attorney Robert Morris Deputy County Attorney Christina Hooper Assistant County Attorney Kathy Scriver 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: 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 July 12, 2010 (subject to review by the Finance Director) Finance Department Representative B. Intergovernmental Agreement between Holy Cross Energy and the County of Eagle for Maintenance Service and Fuel Gusty Kanakis, Fleet Services C. Supplemental Intergovernmental Agreement between Eagle County and the Town of Gypsum for the Provision of Water and Sewer to the North Side of the Airport County Attorney's Office Representative D. Amended Final Plat for Market Square Condominiums, Unit 301, Lot 18, Block 1, Tract A, Beaver Creek Subdivision, to add floor area space and revise ceiling heights of residential unit 301. (Eagle County File No. AFP -2776) Scot Hunn, Planning Commissioner Stavney commented that Item C was one of several agreements the county had with the Town of Gypsum, this one pertained to the water service at the airport. Chairman Fisher asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney stated that there were no changes to the consent agenda. Commissioner Stavney moved to approve the Consent Agenda, Items A -D. Commissioner Runyon seconded the motion. The vote was declared unanimous. Citizen Input Chairman Fisher opened and closed citizen Input, as there was none. Commissioner Stavney moved to adjourn as the Board of County Commissioners and re- convene as the Eagle County Board of Equalization. Commissioner Runyon seconded the motion. The vote was declared unanimous. 1 07/13/2010 Eagle County Board of Equalization Assessor's Office Representative Mark Chapin, Eagle County Assessor reported the results of the pre and post appeals to the Assessor for 2010. At this time, he was unable to provide the post values, as the computer software was not working properly. The pre- assessor level value was over $3,501,386,470 for real property and $148,042,360 for personal property. The Assessor's Office had 1,152 appeals for real property and 23 personal property appeals. Chairman Fisher asked the total number of properties. Mr. Chapin stated that the total number of properties in the county, taxable and exempt were 44,000. Commissioner Runyon asked about the negative implications on the budget. Mr. Chapin stated that once the computer issues were resolved he would be able to report the total value change and submit that number. Mr. Treu stated that the resolution presented was only for the protests that came before the Assessor's Office. Mr. Chapin could provide the requested information at a later meeting. Chairman Fisher asked about the number of unreported personal property. Mr. Chapin stated that it was difficult to track new and existing businesses. He explained that if a property was valued under $4000, it was exempt from taxation. He expected the exemption to increase to $7500 in the near future. Chairman Fisher wondered about those individuals that failed to report. Mr. Chapin stated that he was currently forming a task force with the Vail Board of Realtors in order to help the understand the process as well as help the Assessor's Office. Commissioner Runyon stated that $3,501,386,470 was not the real market value of all properties. The number represented approximately 7% of the real market value, 29% of commercial property and included agricultural property, which was valued, based on its ability to produce income. Mr. Treu asked Mr. Chapin if it would be possible to provide the actual values for commercial residential and agricultural property. Mr. Chapin stated that the information was available. Resolution 2010 -079 Regarding Presentation of Reports of Valuation for Assessment of Taxable Real and Personal Property, and List of Actions on Eagle Real and Personal Property Appeal Commissioner Stavney moved to approve the resolution regarding the presentation of reports of valuation for assessment of taxable real and personal property, and list of actions on Eagle real and person property appeal. Commissioner Runyon seconded the motion. The vote was declared unanimous. Commissioner Stavney moved to adjourn as the Eagle County Board of Equalization and re- convene as the Eagle County Liquor Licensing Authority. Commissioner Runyon seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Renewals A. Atlas Pizza, LLC d /b /a Atlas Pizza #03- 80434 -0000 This is a renewal of a Hotel and Restaurant License in El Jebel. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. 2 07/13/2010 B. Behringer Harvard Residence at Cordillera d /b /a Cordillera Mountain Club #42 -50069 -0002 This is a renewal of a Tavern License in Edwards. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. C Behringer Harvard Residence at Cordillera d /b /a the Lodge and Spa at Cordillera #42 -50069 -0001 This is a renewal of a Hotel and Restaurant license in Edwards. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. D. 131 Smokehouse, LLC d /b /a 131 Smokehouse #26 -66613 -0000 This is a renewal of a Hotel and Restaurant License in Bond. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. E. Flexible Restaurants, Inc. d /b /a Vista at Arrowhead #35- 17007 -0000 This is a renewal of a Hotel and Restaurant License with 1- Optional Premises located in Edwards (Arrowhead). There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. F. Rancho Viejo, Inc. d /b /a Rancho Viejo Restaurante & Bar #26- 18840 -0000 This is a renewal of a Hotel and Restaurant License in Edwards. There have been disturbances in the past year. However, none have been related to alcohol service. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. Other G. Enterprise Hotels of Colorado, Inc. d /b /a Rocks Modern Grill #25- 39682 -0000 Enterprise Hotels of Colorado, Inc. has submitted a Report of Change /Manager Registration. The applicant wishes to register Gregory Croff as the new manager, replacing Simon Chen. Mr. Croff was reported to be of good moral character based on both his Sheriff and CBI reports. Commissioner Runyon moved that the Board approve the Liquor Consent Agenda for July 13, 2010, consisting of Items A -G. 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. 3 07/13/2010 Planning Files AFP -2630 Bear Gulch Subdivision Bob Narracci, Planning, ACTION: The purpose of this Amended Final Plat is to amend the location of the envelopes on both Lot 4 and Lot 5. Also, to reorient a previously defined access easement for access to Lot 5 across Lot 4. LOCATION: 247 Travis Road, Wolcott Area TITLE: Second Amended Final Plat Bear Gulch Subdivision Filing No. 1, Lots 4 and 5. FILE NO./PROCESS: AFP -2630 / Amended Final Plat OWNERS: William R. Hibbs — Lot 4 / Belly Ache Ridge Properties, LLC — Lot 5 APPLICANT: Owner REPRESENTATIVE: Thomas Mayhew STAFF RECOMMENDATION: Approval 1. PROJECT DESCRIPTION A. SUMMARY: The intent of this application is to reconfigure the Building Envelopes for Lots 4 and 5 of the Amended Final Plat Bear Gulch Subdivision Filing No. 1 and to realign the existing access easement. The building envelope locations are proposed to change to allow for a maximum 8% access grade on a north - facing slope. The realignment will facilitate Eagle River Fire Protection District access to the respective building sites on each lot. Also, the new building envelope locations will accommodate future construction of the residences on slopes less than 30 %. Further, the proposed amendment will reduce visual exposure of the future residences from (and toward) the I -70 corridor. Lastly, the amendment will allow the areas of each lot outside of the building envelopes to be mitigated through restoration of damage to existing tree cover and wildlife habitat. The subject property is currently zoned and platted with building envelopes; as such, building permits may be obtained on both lots within the building envelopes as currently configured without having to comply with the county's ridgeline and hillside development standards. This proposal represents an opportunity to improve future impacts to both the subject property, due to excessive grading that would be required to actually access each platted building envelope, and will reduce visual impacts from the I -70 corridor once each lot is developed. The spirit and intent of the ridgeline and hillside regulations will be satisfied. B. SITE DATA: Surrounding Land Uses / Zoning: East: Bureau of Land Management / Resource Preservation West: Residential / Agricultural Residential North: Residential / Agricultural Residential South: Residential / Agricultural Residential Existing Zoning: Agricultural Residential Total Area: 20.001 +/- Acres Water: Individual Wells Sewer: ISDS Access: Shared driveway off of Travis Road C. STAFF FINDINGS: 4 07/13/2010 Pursuant to Section 5 -290. G.3. Standards for Amended Final Plat: a. Adjacent property. Review of the Amended Final Plat has determined that the proposed amendment DOES NOT have an adverse effect on adjacent property owners. Pursuant to the Eagle County Land Use Regulations, all adjacent property owners have been notified of this request with no response received. b. Final Plat Consistency. Review of the Amended Final Plat has determined that the proposed amendment IS consistent with the intent of the Final Plat. c. Conformance with Final Plat Requirements. Review of the Amended Final Plat has determined that the proposed amendment DOES conform to the Final Plat requirements and other applicable regulations, policies and guidelines. d. Improvement Agreement. DOES NOT apply. e. Restrictive Plat Note Alteration. DOES NOT apply. DISCUSSION: Mr. Narracci presented the request. The intent of the application was to reconfigure the building envelopes for lots 4 and 5 of the amended final plat and realign an access easement across lot 4 for the benefit of lot 5. The reconfigure envelopes and access easement would allow a maximum 8% access grade on the north - facing slope, which is consistent with the land use regulations recommendations. The proposal would facilitate access to each of the building sites. The proposed adjustments would reduce impacts from the I -70 corridor once each lot was developed. Areas outside of the building envelopes would be mitigated through restoration of damage to existing tree cover and wildlife habitat. Lisa Turkey, representative for the applicant spoke. She presented several photos of the property and explained which trees would remain on the property. She presented distant visibility photos. Large red balloons were used to illustrate the visibility of the proposed building easement and ridgeline from I -70. Mr. Montag believed that the land use regulations for this zone district required a maximum 35 foot height. He asked the height of the proposed roof. Tom Mayhew, the applicant stated that they had a desip Lin mind and as far as height of the roof, they anticipated around 32 -33 feet. Mr. Narracci presented the findings. He stated that all the adjacent property owners were notified with no response received. Both the Eagle River Fire Protection District and Colorado Division of Wildlife supported the proposal. The proposed building envelope configuration was more favorable than the existing platted building envelopes and all applicable land use regulations standards had been satisfied. Commissioner Runyon believed there was no down side to the proposal. He wondered how many homes were currently in the subdivision Mr. Mayhew stated that Bear Gulch Subdivision allowed for 5 homes. Commissioner Stavney believed the reconfiguration was for all the right reasons. Commissioner Runyon moved the Board of County Commissioners approve File No. AFP -2630 incorporating the Staff findings and authorize the Chairman to sign the plat. Commissioner Stavney seconded the motion. The vote was declared unanimous. Future Meeting Agendas Mr. Montag spoke about upcoming commissioner agendas. 5 07/13/2010 Work session - Medical Marijuana Bryan Treu provided an update on the current regulations and explained the approval process, licensing standards, licensing fees, zoning, distance requirements, restrictions, policy decisions, and an overview of Colorado Medical Marijuana House Bill 109. Commissioner Stavney noted that this was the 3rd or 4"' meeting. He was impressed by the increased level of discussion. He complemented the Attorney's office for taking the lead. His main concern was proliferation throughout residential neighborhoods and the growth question. He was not eager as a local official to set up a licensing scheme. He was impressed how those currently operating dispensaries were serious about their role in the community. He expressed concerns with kids. He leaned towards moving the question towards the voters because he believed the level of the discussion has been elevated and the voters knew a lot more about the reality of the subject than they did when they voted in 2000. Commissioner Runyon shared Commissioner Stavney belief that the question should go before the voters. He believed there were some legitimate medicinal uses. However, he believed there were still individuals that misused marijuana for pain management. The real issue is as an elected official he would like to do the will of the people and with that said he believed the question should be put to the vote of the people. Chairman Fisher spoke about the option of placing the question on the ballot. She expressed the desire to visit a dispensary to learn more about the business. She encouraged the public to continue to weigh in Commissioner Runyon encouraged those with existing business to be aware of their advertisements and public lures. This meeting was recorded There being no further business before the Board the meeting was adjourned until July 20, 2010. Attest: I. —� Clerk to the Boa d * * ) Chairman IOgne 6 07/13/2010