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Minutes 11/09/10 PUBLIC HEARING November 9, 2010 Present: Sara Fisher Chairman Peter Runyon Commissioner Keith Montag County Manager Bryan Treu County Attorney Kathy Scriver Deputy Clerk to the Board Absent: Jon Stavney Commissioner 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 Weeks of November 1 and November 8, 2010 (subject to review by the Finance Director) Finance Department Representative B. Approval of Payroll for November 18, 2010 (subject to review by the Finance Director) Finance Department Representative C. Resolution 2010 -134 Concerning Appointments to the Eagle County Regional Transportation Authority Board Kelley Collier, ECO Transit D. Resolution 2010 -135 for Final Release of Collateral and Termination of the Warranty Period and Termination of the Public Improvements Agreement for Sonnenalp Golf Club, File No. MI -12085 County Attorney's Office Representative E. Encroachment Easement Agreement Singletree Master Landscape Plan, Phase 2 between Eagle County and Berry Creek Metropolitan District Ben Gerdes, Engineering F. Public Improvements Agreement Singletree Master Landscape Plan, Phase 2 between Eagle County and Berry Creek Metropolitan District Ben Gerdes, Engineering G. Resolution 2010 -136 in the Matter of Granting an Extension to Previously Approved Special Use Permit ZS -00152 Foster ADU (Eagle County File No. PR- 2804) Adam Palmer, Planning Chairman Fisher asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney had no comments. Commissioner Runyon moved to approve the Consent Agenda, Items A -G. Chairman Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. 1 11/09/2010 Citizen Input Chairman Fisher opened and closed citizen Input, as there was none. Commissioner Runyon moved to adjourn as the Board of County Commissioners and re- convene as the Eagle County Air Terminal Corporation. Chairman Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Eagle County Air Terminal Corporation Airport Representative Mr. Montag stated that all the members of the ECAT board were present. He requested that the voting members participate in the voting. 1. Approval of October 19, 2010 meeting minutes Mr. Montag moved to approve the October 19, 2010 ECAT meeting minutes. Mr. Lewis seconded the motion. The vote was declared unanimous. 2. Consideration for execution a. Amendment for Agreement for Operation of Rental Car Services between Eagle County Air Terminal Corporation and Vanguard Car Rental USA, LLC, DBA National and Alamo b. Amendment for Agreement for Operation of Rental Car Services between Eagle County Air Terminal Corporation and Avis Budget Car Rental, LLC c. Amendment for Agreement for Operation of Rental Car Services between Eagle County Air Terminal Corporation and Frontier Rental, Inc. DBA Dollar Rent A Car and Thrifty Car Rental d. Amendment for Agreement for Operation of Rental Car Services between Eagle County Air Terminal Corporation and the Hertz Corporation Mr. Anderson explained that items a through d were amendments for agreements for operation of rental car services between ECAT and the car rental companies. The amendments addressed an extension of the current rental car terms, which were initially a 3 -year term. The same 3 -year extension would begin on November 22, 2010. Other considerations included in the amendments were a minimum annual guarantee adjustment, responsibilities for signage maintenance, and snow removal work. He explained the rental rate adjustment procedure. Mr. Runyon asked about the number of counter spaces. Mr. Anderson stated that there were currently four spaces. Enterprise previously occupied a fifth space. Enterprise recently acquired National Alamo and was still operating in the terminal in one way or another. Mr. Runyon moved to approve the amendments to the rental car agreements with Vanguard Car Rental USA, LLC, Avis Budget Car Rental, LLC, Frontier Rental, Inc., and the Hertz Corporation. Mr. Montag seconded the motion. The vote was declared unanimous. e. Ratification of Change Order No. 1 — Amendment to Agreement for Professional Services between Eagle County Air Terminal Corporation and BNP Associates, Inc. for Design Services and Construction Management related to Eagle County Regional Airport Checked Baggage Inspection System 2 11/09/2010 Mr. Anderson explained the change order to agreement between ECAT and BNP Associates, Inc. for design services and construction management related to the inline baggage project. This was a ratification of a change order as ECAT was under the amount anticipated for the architectural and engineering services with the original agreement. Any of the design services under the agreement related to mezzanine area would be reimbursable by TSA in the amount 95 %. Mr. Lewis moved to approve item e. the ratification of change order no. 1 amendment to agreement for Professional Services between Eagle county Air Terminal Corporation and BNP Associates, Inc. for Design Services and Construction Management related to Eagle County Regional Airport Checked Baggage Inspection System. Mr. Montag seconded the motion. The vote was declared unanimous. 3. New Business Mr. Anderson spoke about a recent ground transportation rate study. The basis of the directive was to see how rates compared to the rest of the market. The rates in the study were based on a one -way fare. He spoke about the current transportation options and the cost associated with the services. Ms. Fisher thanked Mr. Anderson for sharing the information. She believed that CME had always provided a great service in the community. Mr. Montag asked about the status of the master plan. Mr. Anderson expected that the master plan process to begin by the end of November. Mr. Montag asked about the minimum standards at the airport. Mr. Anderson stated that the minimum standards would be presented with some of the other components of the master plan project. Ovid Seifers stated that the airport was ready for the 2010 winter season. Mr. Anderson stated that American Airlines recently vacated some office space. TSA was interested in taking over the space at the current rate of $52.80 a sq. foot. He expected a lease to come before the board in the near future. The lease with TSA would tie up any extra space with but with the Continental and United mergertaking place next spring this would open up some space and allow some flexibility fir any new airlines. Ms. Fisher asked about the flexibility. Mr. Anderson stated that it was contingent on how the space agreement with TSA would be written. He expected that the merger would vacate enough space so that at least one more airline would be able to operate comfortably. There was a terminal plan put together in 2006, which organized all the office space by consolidating all the break rooms into one area and creating more airline office space. Mr. Anderson spoke about a flower shop and mobile massage request in the terminal. He would keep the board informed if these requests progressed. Ms. Fisher wondered if there had been any requests for cube space for business travelers. Mr. Anderson stated that they had not received any requests for private space. The biggest obstacle there was terminal space. Mr. Seifers stated that requests for meeting rooms had come up from time to time. Commissioner Runyon moved to adjourn as the Eagle County Air Terminal and re- convene as the Eagle County Board of County Commissioners. Mr. Montag seconded the motion. The vote was declared unanimous. 3 11/09/2010 Resolution 2010 -137 Concerning Taxpayer Generated Petitions for Abatements and Refunds of Taxes Mr. Treu stated that this resolution was on last week's agenda and the board wanted to continue the discussion to get more information from the hearing officer regarding his decision. The hearing officer, Roy Howell had not changed his decision but did provide more information to the board. Commissioner Runyon stated that he read the letter from the hearing officer and was satisfied with his explanation. Petitioner: Schedule No: Ari Mountain Center R059995 thru R060003 Ari Mountain Center R060006 thru R060012 Commissioner Runyon moved to approve the resolution concerning taxpayer - generated petitions for abatements and refunds of taxes. Chairman Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Resolution Variance from Improvements Standards for File No. VIS -2692 Berlaimont Estates, LLC County Attorney's Office / Engineering Representatives Ben Gerdes, County Engineer representative stated that the applicant had requested the application be withdrawn. Chairman Fisher asked if any explanation was given. Mr. Gerdes stated that none was given. Commissioner Runyon moved to adjourn as the Board of County Commissioners and re- convene as the Eagle County Liquor Licensing Authority. Chairman Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Renewals A. Ritz- Carlton Hotel Company, LLC d/b /a Ritz- Carlton Club, Bachelor Gulch (private) #12- 60336 -0000 This is a renewal of a Hotel and Restaurant License in Avon. 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. B. Big Sky Restaurant Company, LLC d/b /a Beaver Creek Chophouse #07 -59769 -0003 This is a renewal of a Hotel and Restaurant License with 2 -Opt. Premises located in Beaver Creek. 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. 4 11/09/2010 C. Edwards Discount Liquors, Inca d/b /a Bottle `N Cork #14- 43341 -0000 This is a renewal of a Retail Liquor Store License located 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. Commissioner Runyon moved that the Board approve the Liquor Consent Agenda for November 9, 2010 consisting of Items A -C. Chairman Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. APPLICANT: The Youth Foundation REQUEST: Special Events Permit EVENT: 4 Annual Eagle -Vail Turkey Trot DATE OF THE EVENT: November 25, 2010 REPRESENTATIVE: Katie Santambrogio, Event Manger LOCATION: Eagle -Vail Community Pool — 538 Eagle Rd., Avon STAFF REPRESENTATIVE: Kathy Scriver DESCRIPTION: The applicant has requested a special events permit for a fundraising event being held at the Eagle -Vail Community Pool on Thursday, November 25, 2010. Alcoholic beverages will be available to adults at the Turkey Trot finish line. STAFF FINDINGS: 1. The applicant has submitted all the required documents and associated fees for the permit. 2. Public notice has been given by the posting of a sign in a conspicuous place on the premises on October 29, 2010, 10 days prior to the hearing. 3. No protests have been received in the Clerk's Office. 4. The applicant has provided proof of server training and an alcohol management plan per the requirements of the Eagle County Local Licensing Authority. CONCERNS / ISSUES: As of October 29, 2010, the site appeared to be a construction zone. Staffs recommend that the applicant be required to provide proof of a Temporary Certificate of Occupancy (TCO) prior to the event date. DISCUSSION: Ms. Scriver presented the applicant's request. She explained that she took several photos of the site on October 29 and there seemed to be a lot of construction activity. However, she was assured by John Halloran that if at least a Temporary Certificate of Occupancy was not in place by Thanksgiving Day, they would not have the event. Sheencouraged the applicant to provide recent photos the day of the hearing. Other than that lconcern by staff, the applicant has submitted all the required documents and associated fees for this permit. Ms. Scriver introduced Katie Satambrogio from the Youth Foundation and Kris O'Neil and Leah Mayer from Eagle -Vail Metro District. 5 11/09/2010 Ms. Satambrogio stated that the registration for the event would take place in the Eagle -Vail Pavilion. The intent was that the event would end at the new pool facility. If they did not have a TCO, the event would end at the pavilion and there would not be any alcohol service. She stated that alcohol service would be minimal. Brian Nolan stated that he was a participant of the Turkey Trot and had moved to a sponsorship level this year. He believed the idea of serving alcohol was part of the ambiance of the event and was not a big deal. It's a component of the event but not a party. Chairman Fisher wondered who would be checking that everyone was 21. Ms. Satambrogio stated that ID's would be checked at the time of registration and at the service bar. Chairman Fisher wondered how non - participants of the race would purchase a beverage. Ms. Satambrogio stated that they anticipated that most of the people attending would have been participants of the race. Ms. O'Neil stated that a TIPs trained bartender would be serving and he would be checking everyone's ID. All drinks would be complimentary. Commissioner Runyon moved that the Local Liquor Licensing Authority approve the Special Events Permit application for the Youth Foundation event being held at the Eagle -Vail Community Pool on November 25, 2010 from 8 a.m. - 3:00 p.m. Chairman Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Chairman Fisher suggested that because this was an annual event it would be helpful in the future if applicant keep track of the number of coupons issued. APPLICANT: Big Sky Restaurant Company, LLC DBA: Beaver Creek Chophouse REPRESENTATIVE: Brian Nolan, Owner LOCATION: 15 W Thomas Place — Beaver Creek REQUEST: Trade Name Change, Manager Registration, and Modification STAFF REPRESENTATIVE: Kathy Scriver CONCERNS / ISSUES: None DESCRIPTION: The applicant has requested a trade name change from Beaver Creek Chophouse to Beaver Creek Chophouse Foxnut Slopeside Sushi. They also wish to register John Templey as the new manager, replacing Jay McCarthy. Lastly, they have requested a permit to modify the licensed premises. The modification will expand the patio area by approximately 700 square feet and include units 11 and 12 (formally a real estate office) - approximately 900 square feet of interior space. The additional interior space will accommodate Foxnut Slopeside Sushi. Although there will be the addition of a sushi bar, the main kitchen will service both menus as the interior is open. STAFF FINDINGS: 1. The application is in order, all requirements have been met, and all the necessary documents have been received. 2. A diagram of the current licensed premises and a diagram of the proposed changes have been provided. 3. The proposed change will not result in the licensed premises being located within 500 feet of any public or private schools. 4. The proposed change complies with the local building and zoning laws. 6 11/09/2010 5. As the license boundary will change, public notice was given by posting a notice on the premises 10 days prior to the hearing. 6. All fees have been paid. DISCUSSION: Ms. Scriver presented the applicant's request. The application was in order, all requirements were met, and all the necessary documents had been received. Commissioner Runyon asked if there had been any push back from local competitors. Brian Nolan, the applicant stated that he had not received any push back. Foxnut had been in existence for 3 years due to its popularity he decided to move it to the slope side location. Commissioner Runyon stated that the board was familiar with Mr. Nolan, his operation, his good record, and service to the community, etc. Chairman Fisher opened and closed public comment, as there was none. Commissioner Runyon moved that the Local Liquor Licensing Authority approve the request by Big Sky Restaurant Company, LLC d/b /a Beaver Creek Chophouse to register John Temply as the new manager, change the trade name, and approve their request to modify the licensed premises. Chairman Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. APPLICANT: MNN, LLC DBA: Flying Pig REPRESENTATIVE: Brian Nolan, Owner LOCATION: 120 The Plaza — Beaver Creek REQUEST: Temporary Permit STAFF REPRESENTATIVE: Kathy Scriver CONCERNS / ISSUES: None DESCRIPTION: MNN, LLC d/b /a Flying Pig has applied for the transfer of a Hotel and Restaurant liquor license from Sleepy Hollow Restaurants, LLC d/b /a Foxnut and has requested a Temporary permit to allow them to operate during the period in which the application to transfer ownership of the license is pending. The applicant has submitted all of the required documents and associated fees for the transfer. STAFF FINDINGS: 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. 7 11/09/2010 DISCUSSION: Ms. Scriver presented the request for a temporary permit. This establishment was located in the Beaver Creek Plaza near the Golden Eagle. The applicant had submitted all of the required documents and associated fees for the transfer. Mr. Nolan stated that the license being transferred was a full liquor license. However they menu would include nothing but beer and wine. Chairman Fisher asked if the layout would be the same. Ms. Scriver stated that the restaurant layout and perimeter would be the same. Chairman Fisher opened and closed public comment, as there was none. Commissioner Runyon moved that the Local Liquor Licensing Authority approve the issuance of a Temporary Permit to MNN, LLC d/b /a Flying Pig 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. Chairman Fisher seconded the motion. The vote was declared unanimous. APPLICANT: High Country Pizza, LLC DBA: Local Joe's Pizza REPRESENTATIVE: Owner, Matthew Crowder (Matt) LOCATION: 280 Main St. #103 Quartz Bldg. Riverwalk — Edwards, CO REQUEST: New Hotel and Restaurant License STAFF REPRESENTATIVE: Kathy Scriver DESCRIPTION: The applicant, High Country Pizza, LLC submitted an application for a Hotel and Restaurant Liquor License on September 21, 2010. Local Joe's Pizza opened for business in the summer of 2009 and is a family style restaurant with a sports bar theme. The applicant wishes to expand the menu to provide beer and mixed drinks to its customers. Mr. Crowder has chosen to register himself as the manager on record. ESTABLISH NEIGHBORHOOD: The first order of business is to establish the neighborhood. Staff recommended that the definition of the "neighborhood" include the area within a two -mile radius from the proposed location (280 Main St. - Edwards). Commissioner Runyon moved that the Local Liquor Licensing Authority establish the neighborhood to include the area within a two -mile radius from the proposed location. Chairman Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. LIQUOR AUTHORITY CONSIDERATIONS: 1. The board will consider the reasonable requirements of the neighborhood, the desires of the adult inhabitants of the neighborhood and whether the existing licenses are adequate to meet these needs and desires, per the Colorado Liquor Code, Section 12- 347 -301 (2) (a). 8 11/09/2010 2. Whether the licensee shall possess and maintain possession of the premises for which the license is issued by ownership, lease, rental, or other arrangement for possession of such premises. 3. Whether the premises are within 500 feet of any public or parochial school or the campus of any college, university, or seminary. 4. Whether the fees have been paid. 5. Whether the applicants are of good moral character. STAFF FINDINGS: 1. The applicants have filed an application on forms provided by the state licensing authority and provided information as required by the state licensing authority. All applicable requirements have been met, all the proper forms have been provided, and all fees paid. 2. The applicants are 21 years of age and reported to be of good moral character. 3. Public notice has been given by the posting of a sign in a conspicuous place on the premises October 29, 2010 and publication in the Eagle Valley Enterprise on October 28 and November 4, 2010. 4. The premises are not within 500 feet of a location for which, within 2 years preceding the application, a license of the same class was denied for the reason that the reasonable requirements of the neighborhood and the desires of the adult inhabitants were satisfied by existing outlets. 5. The premises are not within 500 feet of any public or parochial school or the campus of any college, university, or seminary. 6. The applicant has submitted proof of possession of premises. 7. Staff has received no response from the Eagle County Sheriffs Office, Community Development, Building Official, Eagle County Treasurer, or Director of Road & Bridge. 8. The Eagle County Engineering Department reports no traffic or parking concerns with this application. 9. The Eagle County Environmental Health Office indicated that the establishment was in good standing. 10. The applicant has provided an alcohol management plan and proof of server training per the requirements of the Eagle County Local Licensing Authority. STAFF CONCLUSION: The applicant has met all the necessary requirements for a Hotel and Restaurant Liquor License and staff findings are positive. DISCUSSION: Ms. Scriver presented the application.. She introduced Matthew Crowder, the owner. She presented the staff fmdings and stated that the applicant had met all the necessary requirements for a Hotel and Restaurant Liquor License and staff findings were positive. Mr. Crowder stated that he planned to make the restaurant a sports bar theme and give people more of a reason to hang out for a while as opposed to just ordering a pizza and going elsewhere while waiting for their pizza. The other location in Vail had a liquor license for over a year and had helped the business. He believed that adding a liquor license would increase his business. Chairman Fisher asked if the applicant intended on having a full bar. 9 11/09/2010 Mr. Crowder stated that he would mainly be serving beer and wine. He would only have a few bottles of the most popular liquors available. He recently renewed his TIPS certification and his staff would be trained as well. Chairman Fisher believed that Mr. Crowder,working in the business, was well aware of the responsibilities of alcohol service. She encouraged Mr. Crowder to contact the Sheriff's Office and have them come through periodically. Chairman Fisher opened and closed public comment, as there was none. Commissioner Runyon moved that the Board find that there is a reasonable requirement and desire for the issuance of this license, therefore approve a Hotel and Restaurant Liquor License for High Country Pizza, LLC d/b /a Local Joe's Pizza based on the testimony, petitions, and evidence submitted today and incorporating the staff fmdings. Such license is to be issued upon the written findings and decision of this Board and upon a final inspection of the premises by the Clerk and Recorder's Office to determine that the applicant has complied with the site information provided today and as may be required by the Colorado Liquor Code. Chairman Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Commissioner Runyon moved to adjourn as the Eagle County Liquor Licensing Authority and re- convene as the Board of County Commissioners. Chairman Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Planning Files PDS -2288 Edwards Village Mix -Use & Affordable Housing PUD Sean Hanagan, Planning NOTE: File withdrawn by applicant ACTION: The purpose for this Sketch Plan is for a mixed use Planned Unit Development which includes 80 multi- family residential dwelling units and 4,000 square feet of commercial uses. LOCATION: Southwest of the U.S. Highway 6 / Edwards Village Boulevard intersection; south of the existing Edwards Corner development. AFP - 2290 Remonov Center Sean Hanagan, Planning NOTE: File withdrawn by applicant ACTION: The purpose of this Amended Final Plat is to remove the restrictive Plat notes on the planning parcels of tract T, B and K of the Remonov Center Subdivision Plat in order to re -zone the property. Tract `T' is zoned `Commercial General' but is restricted by the Remonov Center subdivision plat to "Pedestrian, bicycle, and vehicular access, drainage structures, landscaping, utilities, trails, recreation facilities and open space." Tract `K' is currently zoned Commercial General but is restricted by the subdivision plat to use for "Pedestrian, bicycle and vehicular access, drainage structures, landscaping, utilities, trails and recreation structures." This requested re -zone would place a zoning designation of Planned Unit Development (PUD) on the respective tracts. 10 11/09/2010 The resulting PUD would propose 56 residential condominium units on tract `T' as well as 20 -24 units of workforce housing on tract `K' to be constructed by Habitat for Humanity. LOCATION: Southwest of the U.S. Highway 6 / Edwards Village Boulevard intersection; south of the existing Edwards Corner development. PR - 3006 Bair Family Subdivision PUD Sketch Plan Extension Adam Palmer, Planning ACTION: The purpose of this Plan Review file is to review the extension request to submit a PUD Preliminary Plan application for the Bair Subdivision. The Sketch Plan for Bair Subdivision was approved on November 18, 2008. LOCATION: 675 Frying Pan, Basalt Area FILE NO./PROCESS: PR -3006 Bair Family Subdivision PUD Sketch Plan Extension PROJECT NAME: Bair Family Subdivision OWNER: Virginia and Lowell Bair APPLICANT: Owners REPRESENTATIVE: Doug Dotson 1. PROJECT DESCRIPTION A. SUMMARY: The purpose of this application is to request an extension of previously approved PUD Sketch Plan approval for PDS -00054 Bair Family Subdivision. The Bair Family Subdivision PUD Sketch Plan is to rezone and subdivide the current 10.37 -acre Agricultural Residential property into six (6) single - family residential lots ranging from 0.365 acres to 0.587 acres in size and a 7.88 -acre common open space parcel. The original staff report, resolution, and site plan are attached to this Staff Report for reference. Pursuant to Section 5- 240.2.E(4) of the Eagle County Land Use Regulations, Sketch Plan approvals are valid for two (2) years prior to submittal of a preliminary plan. Since the Resolution for PDS -00054 was signed by the BOCC on November 18, 2008, the Sketch Plan would expire on November 18, 2010 unless a Preliminary Plan was approved or extension request was granted prior. The Board of County Commissioners may grant extensions to Sketch Plan approvals not to exceed 2 years in length, if the applicant demonstrates by competent substantial evidence that failure to proceed was beyond the applicant's control, the special use is not speculative in nature, complies with current Eagle County Land Use Regulations and Comprehensive Plan, and there is a reasonable likelihood that the Special Use will be developed in the extension period. B. NECESSARY FINDINGS: The necessary findings associated with the Sketch Plan Extension are articulated in Section 5- 240.2.E(4), as follows: 1. Extension Upon written request, an extension of the S1 etcli` Ian's life may be granted by the Board of County Commissioners, not to exceed two 2 �) 'ys in A gth, the applicant demonstrates that failure to obtain approval of the Preliminary Plan ,tor FU`D.k- than he a'pplica nt'a ,control (allowing reasonable time for the review process),., the , Stch Plan for PUD is not speculative in nature, the Sketch Plan for PUD still complies wit`ttIfe e Land Use Regulations and the Comprehensive Plan, 11 11/09/2010 and there is a reasonable likelihood the Preliminary Plan for PUD will be developed in the next two (2) years. No request for an extension shall be considered unless a written application requesting the extension is submitted to the Community Development Director no later than thirty (30) calendar days prior to the date the Sketch Plan for PUD is to expire. The permit shall be deemed extended until the Board of County Commissioners has acted upon the request for extension. Failure to submit an application for an extension within the time limits established by this Section shall render the Sketch Plan for PUD null and void. (am.11 /08/05) Failure to obtain Preliminary Plan approval was beyond the applicant's control: The applicant claims economic difficulties and challenges securing financing since the Sketch Plan approval. See attached written request from applicant. Special Use Permit is not speculative in nature: The applicant states that the primary purpose of the subdivision is to create legal lots for family members and is not speculative in nature. Compliance with Land Use Regulations and Comprehensive Plan: No significant changes to the Land Use Regulations nor Comprehensive Plan have taken place that would affect the approval of the Sketch Plan. There is a reasonable likelihood that the Special Use will be developed in the next two years: The applicant states that geotechnical review has been completed on the property and they plan on submitting the Preliminary Plan application within the next six months. C. BOARD OF COUNTY COMMISSIONERS OPTIONS: 1. APPROVE PR -3006 Bair Family Subdivision Sketch Plan Extension request with or without conditions if it is determined that the petition DOES meet the standards outlined in Section 5- 240.2.E(4). 2. DENY PR -3006 Bair Family Subdivision Sketch Plan Extension request if it is determined that the petition DOES NOT meet the standards outlined in Section 5- 240.2.E(4). 3. TABLE the PR -3006 Bair Family Subdivision Sketch Plan request if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff. Chairman Fisher stated that this file would be continued next Tuesday in in El Jebel. Mr. Montag stated that staff had made contact with the applicant and the applicant was in agreement to table the file until November 16 at 5 p.m. Commissioner Runyon moved to continue file number PR -3006 Bair Family subdivision Sketch Plan until November 16, 2010 at the community center in El Jebel at 5 p.m. Chairman Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. There being no further business before the . + . - • . eet • • • • was adjourned til November 16, 2010. o 414 Attest:. •�1�.I �� * T Clerk to the Bo. Td • '.. t►o Cha' rs • isr ' 71IPvfL 12 11/09/2010