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HomeMy WebLinkAboutMinutes 05/08/12 PUBLIC HEARING May 8, 2012 Present: Jon Stavney Chairman Pro -Tem Sara Fisher Commissioner Keith Montag County Manager Robert Morris Deputy County Attorney Teak Simonton Clerk to the Board Absent: Peter Runyon Chairman This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: Resolution 2012 -050 Designating May 2012 as Older Americans Month Karen Koenemann, Health & Human Services Ms. Koenemann spoke about the importance of the contribution Eagle County's older residents had played over the years. Pat Nolan spoke about the traditional fitness day and this year the concept was expanded offering a challenge for 60 healthy adults to track their healthy activities. Lifestyle changes and energy levels would be documented. Commissioner Stavney spoke briefly about the progress on the Continuum of Care facility and the fact that they were close to making an announcement. Commissioner Fisher stated that there was still a gap in the funding for this type of facility. She suggested the possibility of setting up some donations for the program as estate planning. She hoped there was a lot of participation in this type of tracking program. Commissioner Fisher read the resolution for the record. RESOLUTION DESIGNATING MAY 2012 AS EAGLE COUNTY OLDER AMERICANS MONTH WHEREAS, Eagle County has more than 5000 citizens aged 60 and over; and WHEREAS, Eagle County is committed to helping all individuals maintain their health and independence in later life; and WHEREAS, the older adults in Eagle County have an important role in sharing knowledge, wisdom, and understanding of the history of our community through interactions with children, youth, and adults from other generations; and WHEREAS, the fruits of knowledge and experience can be effectively transferred from generation to generation through meaningful social interactions and enrich the lives of everyone involved; and WHEREAS, our community can provide opportunities to enrich citizens young and old by emphasizing the value of including elders in public and family life, creating opportunities for older Americans to interact with people of different generations, and providing services, technologies, and support systems that allow older adults to participate in social activities in the community NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT May 2012 be proclaimed Older Americans Month in Eagle County. 1 05/08/2012 THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents of the County of Eagle, State of Colorado. We encourage citizens to take time this month to engage with our older citizens to promote health physically, mentally, and socially. Commissioner Fisher moved to approve the resolution designating May 2012 as Older Americans Month. Commissioner Stavney seconded the motion. Of the two voting commissioners, the vote was declared unanimous. Consent Agenda Chairman Pro -Tem Stavney stated the first item before the Board was the Consent Agenda as follows: A. Approval of Bill Paying for the Week of May 7, 2012 (subject to review by the Finance Director) Finance Department Representative B. Approval of Payroll for May 17, 2012 (subject to review by the Finance Director) Finance Department Representative C. Approval of the Minutes of the Eagle County Commissioner Meetings for April 3, April 10 and April 17, 2012 Teak Simonton, Clerk and Recorder D. Intergovernmental Agreement between Eagle County and the Colorado State Forest Service for Participation in the Emergency Fire Fund Barry Smith, Emergency Management E. Temporary Construction Easement Agreement between Eagle County and Colorado Department of Transportation for Dotsero Bridge Eva Wilson, Engineering F. Software License Agreement, Software Maintenance Agreement and Acknowledgement and Release between Eagle County and Aptitude Software Solutions, Inc. Teak Simonton, Clerk & Recorder Karen Valas spoke about the new software program selected by the Clerk's office, which would improve functionality and citizen's access to recorded documents. She added that most of the cost was paid for by the E- recording surcharge fund. Teak Simonton thanked Diane Mauriello and Amanda Bay for their efforts to get the agreements in order. Barry Smith spoke about the renewal of the Emergency Fire Fund. 42 of the 64 counties participate and the fund could be utilized for wildfires. Commissioner Fisher moved to approve the Consent Agenda, Items A -F. Commissioner Stavney seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Citizen Input Chairman Pro -Tem Stavney opened and closed citizen Input, as there was none. 2 05/08/2012 Commissioner Fisher moved to adjourn as the Eagle County Board of County Commissioners and re- convene as the Eagle County Local Liquor Licensing Authority. Commissioner Stavney seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Renewals A. Marko's Pizzeria of Edwards, Inc. d/b /a Marko's Pizzeria #06- 19233 -0000 This is a renewal of a Hotel and Restaurant Liquor 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 and proof of server training has been provided. B. Larkburger, LLC d /b /a Larkburger #42- 90984 -0006 This is a renewal of a Hotel and Restaurant Liquor 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 and proof of server training has been provided. C. South Central Trading Company d/b /a Market Wine & Spirits #42- 95740 -0000 This is a renewal of a Retail Liquor Store License in Avon (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 and proof of server training has been provided. D. Falcon & Falcon, LLC d/b /a Cafe Milano #42- 68807 -0000 This is a renewal of a Hotel and Restaurant Liquor 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 and proof of server training has been provided. E. Rancho Viejo, Inc. d/b /a Log Cabin Sports Bar & Grill #28- 20442 -0000 This is a renewal of a Hotel and Restaurant Liquor 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 and proof of server training has been provided. F. Flexible Restaurants, Inc. d/b /a Vista at Arrowhead #35- 17007 -0000 This is a renewal of a Hotel and Restaurant Liquor License 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 and proof of server training has been provided. G. Adam's Mountain Country Club, LLC d/b /a Adam's Mountain Country Club #15 -59226 -0000 This is a renewal of an Optional Premise Liquor License with 3 -Opt. Premises in Unincorporated Eagle. 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 and proof of server training has been provided. 3 05/08/2012 Other H. Cordillera Golf Club, LLC d/b /a Timber Hearth Grill #26- 64178 -0003 This is a Report of Change / Manager Registration. The applicant wishes to register David Wilhem as the new manager, replacing William Rhodes. Mr. Wilhem was reported to be of good moral character and has no criminal history based on both the Sheriff and CBI reports. Commissioner Fisher moved that the Board approve the Liquor Consent Agenda for May 8, 2012 consisting of Items A -H. Commissioner Stavney seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. APPLICANT: Rink Productions, Inc. TRADE NAME: Rink Productions REPRESENTATIVE: Jean Dennison LOCATION: 26 Avondale Lane — Avon (Beaver Creek Plaza) REQUEST: Report of Change/Temporary Modification STAFF REPRESENTATIVE: Kathy Scriver CONCERNS / ISSUES: None DESCRIPTION: The applicant has requested a permit to modify the premises. The temporary modification would include a section of the Park Hyatt Beaver Creek optional premises. Approval of the modification would allow the expansion of the Blues Brews & BBQ event being held Saturday, May 26, 2012. The Hyatt Corporation has granted Rink Productions permission to use the property for 1 (one) day only. STAFF FINDINGS: 1. The application is in order, all requirements have been met, and all fees are paid. 2. As a boundary changes is occurring to the licensed premise, although temporary, a public notice was posted on the premises. 3. No complaints or concerns were received in the Clerk's Office. DISCUSSION: Mr. Scriver explained the request for a one -day modification, May 26, 2012. She introduced Jean Dennison from Rink Productions. Ms. Dennison explained the event and provided a schedule for the Memorial Day weekend. Their goal was to enhance the experience for the guests. There would be great entertainment. Commissioner Fisher moved that the Local Licensing Authority approve the temporary modification as presented for Rink Productions, Inc. d/b /a Rink Productions. Commissioner Stavney seconded the motion. The vote was declared unanimous. 4 05/08/2012 APPLICANT: Ritz- Carlton Hotel Company, LLC TRADE NAME: Ritz- Carlton Bachelor Gulch REPRESENTATIVE: Christin Kruczek, Event Manager LOCATION: 0130 Daybreak Ridge, Avon (Bachelor Gulch) REQUEST: Report of Change /Temporary Modification STAFF REPRESENTATIVE: Kathy Scriver CONCERNS / ISSUES: None DESCRIPTION: The applicant has requested a permit to modify the premises. The temporary modification would allow the hotel to host a private wedding reception behind the hotel. The area borders their existing optional premise as indicated in the diagram and would be contiguous with the licensed premises. Vail /Arrowhead, Inc. owns the property and a lease agreement has been provided. The temporary modification would start on July, 21, 2012 and end July 22, 2012. STAFF FINDINGS: • 1. The application is in order, all requirements have been met, and all fees are paid. 2. As a boundary changes is occurring to the licensed premise, although temporary, a public notice was posted on the premises. 3. No complaints or concerns were received in the Clerk's Office. 4. The applicant requested the same modification last year, and there were no issues. DISCUSSION: Ms. Scriver introduced Christin Kruczek. The modification was for July 21S and 22 2012. They held a similar event last year and had no problems. It would be a very elegant event. Commissioner Fisher moved that the Local Licensing Authority approve the temporary modification as presented for the Ritz - Carlton Hotel Company, LLC d/b /a The Ritz - Carlton Bachelor Gulch. Commissioner Stavney seconded the motion. The vote was declared unanimous. Commissioner Fisher moved to adjourn as the Eagle County Liquor Licensing Authority and re- convene as the Board of County Commissioners. Commissioner Stavney seconded the motion. The vote was declared unanimous. • Planning Files LUR -3398 Eagle County Land Use Vesting Regulation Amendments Bob Narracci, Planning NOTE: Tabled from 1/17/2012, 2/21/2012 and 3/20/2012 ACTION: Multiple amendments proposed with intent to provide greater clarity; to eliminate unnecessary regulation; to provide greater flexibility for the elected officials; and to bring Eagle County's Vesting Allowances into conformance with the minimum requirement of 5 05/08/2012 Colorado State Statute for PUD Preliminary Plans, Subdivision Preliminary Plans and Special Use Permits. LOCATION: Unincorporated Eagle County MEMORANDUM TO: Board of County Commissioners FROM: Bob Narracci, Planning Director DATE: May 8, 2012 RE: File No. LUR -3398 / Amendment to Eagle County Land Use Regulations During the last hearing on this matter on March 20, 2012, the Board of County Commissioners began review of the proposed regulation amendment package, line -by -line. Prior to the second tabling of this application, the Board completed review of the draft through Page 37. Through the review and discussion, it became clear that the proposed changes to the county's land use vesting allowances generated more questions and concerns amongst the Board than the proposal was initially attempting to solve. Due to the fact that the overall amendment package includes a variety of necessary clean -up and clarification items in addition to the vesting regulation changes; some of which are time - sensitive, staff is formally requesting withdrawal of the proposed vesting regulation amendments. Acceptable solutions for the perceived downfalls of the county's existing vesting allowances requires more thorough vetting amongst the development community, lenders and the Board. Staff will initiate this process and schedule work sessions with the Board to discuss suitable options prior to re- initiating the vesting regulation amendment proposal process. Staff further requests that the Board approve the remainder of the proposed amendments. A revised draft of the regulation amendment package is attached; which eliminates all proposed vesting amendments except one. The one necessary vesting change is to increase vesting of Preliminary Plans for Subdivision from two years, as presently specified, to three years which is the minimum length of time required by State Statute. In reviewing the first 37 pages of the draft regulation amendment package, the Board requested the following changes; which have been incorporated into the revised draft document: 1) Page 13, finding `b', under "Standards for Extension of Land Use Applications ", the Board questioned the existing finding that "The development is not speculative in nature", and requested that staff rework the language. All new development is arguably speculative in nature, and upon review of the four findings necessary for the Board to extend the life of a land use application, staff determined that deleting finding `b' is the cleanest method to resolve the concern. The remaining three findings provide the Board with adequate information to determine whether or not it is appropriate to extend the life of a given land use approval. Those findings being: 1) Beyond the applicant's control; 2) The development complies with these Land Use Regulations and the Comprehensive Plan; 3) There is a reasonable likelihood the next step in the development application will be submitted in the next two (2) years. The most important of which is the finding that "The development complies with these Land Use Regulations and the Comprehensive Plan ". In other words, the Board always has the latitude to verify if a previously approved development plan would still satisfy the purposes and intents of the now current land use regulations and comprehensive plan in determining whether or not to grant extension. It is important to note that finding `b' has been stricken throughout the draft document as follows: a) Page 23, fmding `b', under "Extension of Sketch Plan Approval ". (Sketch Plan for PUD) b) Page 36, fmding `b', under "Extension of Preliminary Plan Approval ". (Preliminary Plan for PUD) 6 05/08/2012 c) Page 46, finding `b', under Extension of Special Use Permit Approval ". d) Page 55, finding `b', under "Extension of Sketch Plan Approval ". (Sketch Plan for Subdivision) e) Page 63, finding `b', under "Extension of Preliminary Plan Approval ". (Preliminary Plan for Subdivision) 2) Related to the standards for "Extension of Sketch Plan Approval ", the regulations presently require an applicant whose land use application is about to expire to submit request for extension at least 30 calendar days prior to their application expiration. The Board suggested that Eagle County staff should provide courtesy notification to land use applicant's when their applications are going to expire. Planning staff concurs that providing courtesy notification is appropriate and is consistent with our desire to always provide exemplary customer service in all aspects of our duties. We will make a best effort to notify applicants by written mailed notice, email or telephone call accordingly when their land use applications are about to expire. 3) Page 22, last sentence of "Action by Board of County Commissioners ", the Board requested that a timeframe for completion of a Resolution memorializing the outcome of Sketch Plans for PUD be specified. To this end, staff incorporated the following additional sentence, "Finalization of the Resolution must occur within 90 days of the Board of County Commissioner's vote to approve, approve with conditions or disapprove the Sketch Plan for PUD application." It is important to note that this same language has been included throughout the draft document as follows: a) Page 11, "Action by Board of County Commissioners ", with regard to all types of land use applications. b) Page 27, "Action by Board of County Commissioners ", with regard to Preliminary Plans for PUD; c) Page 41, "Action by Board of County Commissioners ", with regard to Special Use Permits; d) Page 53, "Action by Board of County Commissioners ", with regard to Sketch Plans for Subdivision, and; e) Page 62, "Action by Board of County Commissioners ", with regard to Preliminary Plans for Subdivision. 4) Page 30, "Phasing ", the Board requested that the proposed new language be reordered and appended to the end of the existing language as follows: "Such public improvements shall be constructed with the first phase of the project as determined by the Board of County Commissioners in the resolution of approval." 5) Page 31, "Organization ", the Board requested that the last sentence of the paragraph be stricken. Said sentence is "Membership in the association or nonprofit corporation shall be mandatory for all landowners within the PUD ". This sentence has been so stricken. The revised draft regulation amendment package eliminates changes to the vesting regulations as described previously, and incorporates the changes requested by the Board during the second hearing. To recap, the remaining amendment package includes: 1) Revision of inconsistent language throughout Article 5 of the Land Use Regulations relating to findings on compliance of proposed new development with the Comprehensive Plan, Specialty Plans, and Future Land Use Maps; 7 05/08/2012 2) Clarification that mailed and posted notice for comprehensive planning document amendments is not required. Legal published notice is required; 3) Elimination of language which prevents the Planning Commission or Board of County Commissioners from tabling land use applications for a period of time exceeding six months, either cumulatively or all at once; 4) Revision of inconsistent language throughout Article 5 of the Land Use Regulations relating to Board of County Commissioner consideration of neighboring land uses when evaluating proposed new zone districts, subdivisions, Planned Unit Developments, and Special Use Permits to allow the Board to account for both currently existing well o bot current y e st ng land uses, as wel as, permissible future land uses located on adjacent and non - adjacent but impacted properties; 5) Clarification that Home Owners Associations or Property Owners Associations may apply for amendments to Planned Unit Developments on behalf of all individual property owners within the Planned Unit Development; 6) Provision for the Board of County Commissioners to grant variations to dimensional limitations and site development standards via the Special Use Permit process. This is proposed to be identical to the regulatory provisions existing within the Planned Unit Development process. 7) Requiring that all subdivision plat and subdivision exemption survey applications be accompanied by a Computer Printout of Parcel Summaries. This information is necessary to verify that surveyed data `closes' within acceptable statutory tolerances. 8) Revision of the Subdivision Exemption regulations to bring them into conformance with Senate Bill 35, which took effect on May 5, 1972. 9) To revise the Land Use Regulations, cover -to- cover, to replace all references to the `Community Development Department' or `Community Development Director' with `Planning Department' and `Planning Director', respectively. 10) Other general editing of regulatory language to correct formatting, misspellings, and otherwise intended to provide clarity. DISCUSSION: Chairman Pro -Tem Stavney suggested that there could be annotations at the end of the Land Use Regulations providing dates of amended changes. He stated that Commissioner Fisher had initially suggested this enhancement to the documents. Bob Narracci spoke about adjusting the vesting allowances to the minimum required by state statute. This piece would require more discussion in a work session setting perhaps. He agreed that reaching out to the lending community, development community and private players was wise. Commissioner Stavney spoke about the concern with vesting on multi - phased developments. There was a difference when the development actually never gets started. Commissioner Fisher asked about section 5 — 300 through 5 — 2400. Mr. Narracci spoke about the subdivision preliminary plan and the increase from 2 to 3 years. Remaining substantive pieces include the ability for the board to grant variations through the special use process, and with subdivision exemptions, there would be a change to sync it with new legislation. 8 05/08/2012 Commissioner Fisher moved to approve file no. LUR -3398 Eagle County Land Use Vesting Regulation Amendments. Commissioner Stavney seconded he motion. The vote was declared unanimous. Commissioner Fisher added that she was aware that Commissioner Runyon was also in favor. Joint Meeting with Gypsum Town Council (recorded) Gypsum Town Offices 50 Lundgren Blvd. Gypsum, Colorado There being no further business before the B.o,. • the meeting was adjourned until May 15, 2012. o t 064 Attest: - ∎••• - + ` Clerk to the Boar \ * ', .* Chairman. 9 05/08/2012