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HomeMy WebLinkAboutMinutes 01/14/03 PUBLIC HEARING JANUARY 14,2003 Present: Michael Gallagher Am Menconi Tom Stone Diane Mauriello Jack Ingstad Teak Simonton Chairman Commissioner Commissioner County Attorney County Administrator Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: State of the County Address Chairman Gallagher stated the first matter before the Board was the State of County Address. He stated when performing the County address last year they were still wounded over the 911 disaster. Everyone wondered what this traumatic assault would have over the nation as a whole and particularly here at home. They were wondering how safe and secure they would be in a place where they have enjoyed confidence and self assurance, courage and self reliance, and a fondness for fun, all of which are a part of Eagle County. He stated the State of the County is excellent. They are well and they are well off. They are also very confident through the leadership of the Sheriff, the Emergency Coordinator, and the Public Health Director. With the work of the entire staff, they are confidently prepared for challenges against public safety. With this confidence they will continue to make all ofthe decisions and do all of the work that simply makes this County the best. Everyone in the room and in this County makes that possible. Far beyond the awards, they have a multitude of community improvements and accomplishments to show why this is the best run County in the State. Chairman Gallagher spoke to the finances of Eagle County and having a very healthy bond rating. They have continued to enhance the quality of County services without additional County staff and County debt. They have kept the mill levy at the lowest level of all Colorado Counties. Your County has maintained and further built up a reserve fund that is sufficient to endure foreseeable economic downturns. This is the best group of government employees anywhere in this nation. Several capital projects like the EI Jebel Community Center have been finished. Berry Creek is emerging from commitment to reality. A community is rising from the ground. They have opened Miller Ranch Road and the new Cemetery Bridge is designed for construction this year. There will be 282 affordable homes at Berry Creek. Affordable housing remains a priority for the Commissioners. The residents have this Board's affirmation that the purchase of the Golden Eagle Senior Center is safe and sound. The County budget continues to fund the Down Payment Assistance Program. The County works with community partners on the Mortgage Credit Certificate Program. They are well on the way to new affordable housing regulations. The County recognizes the importance of the Foreign National Labor Pool and have helped fund a Hispanic Advocate. The Board has assigned high priority to public safety facilities and programs. The Board approved Wildfire Regulations aimed at prevention. He spoke to the Resource Center and the opening the Freedom Ranch Safehouse. The Airport continues to grow. There are a new group ofT- Hangars and construction will soon begin on a new tower. The investments are paying off. The County continues with relationships with CDOT to improve traffic flow and to improve safety for pedestrians. He stated the Commissioners work everyday to nurture and secure the home everyone calls Eagle County. 1 01-14-2002 Eagle County Service Awards The next item before the Board was the County Service Awards. Chairman Gallagher stated the first award goes to Pat Magdziuk for 15 years in the Clerk & Recorder's Office. He stated Pat Magdziuk is an incredible lady and a great steward for Eagle County. Pat has served as Chief Deputy for the Clerk and Recorder's office since January 1991. Pat's positive attitude and steadfast desire to serve the residents of Eagle County can only be topped by her friendliness and her always welcoming smiles. Pat has worked hard to provide support to the elected officials she's served as well as to be there for her co-workers. Pat's willingness to go the extra mile for everyone is evident by the many compliments she receives from her customers. Not only do they praise her efforts, but they are often amazed by all the stuff she knows. Commissioner Stone presented Colleen Wirth with an award for five years of service in Community Development. Ms. Wirth is a dedicated and loyal Community Development employee who was initially hired in 1997 as an Administrative Technician for the Planning Division. After 3 years of service keeping the staff planners organized and the Planning Commissioners "in line", she decided a new challenge was in order and transferred over to the Building Division as a building inspector where she continues to provide exceptional service. Commissioner Menconi presented a five year award to Dan Stanek, Chief Building Official. He stated Mr. Stanek is a dynamic and devoted Community Development employee who was originally hired as a building inspector in 1997. After two years in that position, an opportunity arose and Dan was promoted to Chief Building Official where he remains today. Dan's knowledge and dedication are truly an asset to the Eagle County Organization. Chairman Gallagher presented a five year award to John Vengrin, Engineering Department. He stated Mr. Vengrin has been an outstanding member of the Eagle County Engineering team for the past five years. His keen attention to detail and his handling of development review, traffic operations and general engineering issues has made Eagle County a better and safer place to live. We hope that Mr. Vengrin will continue to anchor the Engineering Department for many more years to come. Commissioner Stone presented Nancy Foster with a five year award. He stated Ms. Foster has been working for CSU Cooperative Extension's office in Eagle County since 1997. She has always approached her job with cheerful helpfulness, in many instances going above and beyond the call of duty. We are proud to have her as part ofCSU Cooperative Extension in Eagle County, and look forward to a future with Ms. Foster as a part of our team. Commissioner Menconi presented Robbie Arndt with a ten year award. He stated Ms. Arndt stated with the County on June 4, 1992 as a Social Services Clerk and a year later transferred to Finance as an Accounting Fiscal Technician, a position she held until July 14, 2000 when she was promoted to her current position as an Accounting Technician. During her tenure in Finance, Robbie has developed expertise in the intricacies of the KVS computer system, the fixed asset system and the budget process as well as an overall valuable knowledge of all aspects of the Finance Department. We all enjoy working with Ms. Arndt and we feel very fortunate to have her as a County employee. Chairman Gallagher presented Linda Pankuch with a fifteen year award. He stated Ms. Pankuch started with the County on July 2, 1987 as an Accounting Clerk and a year later was promoted to Office Assistant, a position she held until February 2, 1993 when she was promoted to a Fiscal Technician. On October 16, 2000, Linda was promoted to the position of Accounting Technician, a position she currently holds. All in the Finance Department think that Ms. Pankuch has been quite enjoyable to work with and she is a valuable employee to the Department and to the County. She continually contributes her experience and skills with payroll processing, new employee orientations, purchase order processing and bill paying. Commissioner Stone presented Rita Woods with a five year award. He stated the County appreciates Ms. Woods for making sure we earn the money to pay our bills, for keeping us in 2 01-14-2002 compliance with a jillion accounting and reporting requirements, for troubleshooting the computer interface between State and County, for organizing our contract and grant records, for getting the service man to the copy machine, fax, shredder and more, for always being available and making our issue your priority - regardless of the many other items on your plate, for arranging food and fun for staff meetings, for being cheerful and smiling through all the details, and for your unfailing efforts to achieve excellence. Commissioner Menconi presented Steve Hansen with a fifteen year award with the Information and Technologies Department. He stated Mr. Hansen joined the Eagle County Innovation and Technology team before Microsoft invented Windows. He has grown and grappled with the County's network -- and sometimes its users -- through dramatic changes in technology. IT refers to Mr. Hansen as the "network history guy" and he'll put that history to great use as the County tackles a major network overhaul these next few months. Chairman Gallagher presented a five year award to Ray Long. He stated Mr. Long is a very motivated, enthusiastic young man who is always there when you need him. In the winter you will find him plowing the high country roads of Bellyache Mountain, Squaw Creek, and Lake Creek with his all- wheel drive International Pay Star 5000. During the summer months he is hauling heavy equipment fromjob site to job site with the County's semi tractor and lowboy trailer and operating the heavy equipment as well. Commissioner Stone presented a five year award to Rusty Williams, Animal Control Director. He stated Rusty wears two hats at Eagle County. He heads up Animal Control and the Animal Shelter as well as overseeing fair and fairgrounds activities. For the 5th year in a row, the animal shelter has kept its no kill status. Animal control violations are down 36% over the last three years. The County should be proud of its animal Control Department with its unparalleled accomplishments. The fair and rodeo continue to improve year after year with Rusty's leadership and vision. Commissioner Menconi presented a five year award to Jim Jackson, Eagle County Airport employee. He stated Mr. Jackson has been a dedicated member of the Airport Management Team. He has actively participated in several specialized training classes in equipment operation, airfield electrical repair, and runway safety. He takes pride in every task assigned to him. He is a leader and has become an expert in airport equipment operation, airfield systems control, and snow removal. Chairman Gallagher presented a five year award to Sheila Vigil, Assessor's Office. He stated Ms. Vigil started out in the Assessor's Office in 1997, as a customer service Administrative Technician II. In 1999, she promoted into a data entry Administrative Technician III. During the past five years, Sheila has learned a lot about the assessment business and has become an experienced and trusted member of our staff. It's easy to see that all Assessor's Office staff respects Sheila's expertise and truly appreciates her service. Commissioner Stone presented a fifteen year award to Ed Smith, Assessor's Office. He stated Mr. Smith has worked in the Eagle County Assessor's Office for more than fifteen years. In these past fifteen years he has been assigned the task of valuing a wide assortment of properties throughout Eagle County. The State of Colorado has licensed him as a Certified General Appraiser which is the highest level of appraisal license attainable in Colorado. Mr. Smith is a professional appraiser and he is equally at home valuing multimillion dollar homes in Vail or simple mountain cabins in a remote area of Eagle County. His appraisal expertise is very valuable to the Eagle County Assessor's Office. However, his value to the citizens of Eagle County is best demonstrated by his willingness to listen to their concerns regarding individual property valuations and respond in a fair and evenhanded manner. The County is both fortunate and proud to have him as a member of the Eagle County Team. Commissioner Menconi presented a five year award to Mae Pittman, Human Resources. He stated Ms. Pittman had a dream of living in a log cabin in the mountains. Well, she doesn't have the cabin but we're happy she moved to the mountains. She has been consistently commended on the professionalism, dedication and hard work she has provided to Eagle County. She never fails to take on 3 01-14-2002 additional challenges and does so with an upbeat attitude. Weare very happy she is part of Eagle County and commend her on five years of great service. Chairman Gallagher presented a five year award to Wendy Bogner, Site Facilitator. He stated Ms. Bogner has been the Site Facilitator for the Roaring Fork area for more than five years. She is a whirl wind of energy and enthusiasm, and always ready to serve the Roaring Fork Seniors. Ms. Bogner hails from New Zealand and became a US citizen this past year. Weare proud to have her as part ofthe Senior Team. He thanked Ms. Bogner for all her good work and dedication. We could not present the quality programs we do without her carrying the Roaring Fork program. Commissioner Stone presented a five year award to Lea Vasten, van driver for Eagle County Senior Services. He stated she is dedicated to the Seniors and always goes the extra mile to serve. "Safety first" is her chant whenever a rider is refusing to buckle their seat belt. She not only drives, but she helps to assure that senior programs run smoothly in the Roaring Fork. She is a great team player and help mate to the Site Facilitator and Senior Coordinator. Weare proud and happy to have Ms. Vasten as part of the Eagle County Team. Commissioner Menconi presented a five year award to Justin Clark, Sheriff Deputy. He stated Mr. Clark has been a valuable road officer for 5 years. He is always helpful with anything that might come up while he is on duty. Chairman Gallagher presented a five year award to Brain Hollenbaugh. He stated Mr. Hollenbaugh is a valuable member of our Special Operations Unit as well as a valuable road officer. Commissioner Stone presented a five year award to Dan Hanson, Sheriff Deputy. He stated Mr. Hansen is a valuable member of our Special Operations Unit as well as one of our School Resource Officers. Commissioner Menconi presented a five year award to Leonard Valdez, Sheriff Deputy. He stated Mr. Valdez is a valuable road officer. He shows no mercy to traffic violators. You are either getting a ticket or going to jail. Chairman Gallagher presented a five year award to Rose Valdez, Sheriffs Office Kitchen. He stated Ms. Valdez has been instrumental in the initial start-up of the Eagle County Sheriff Office kitchen. Her perseverance and dedication have made her a valued employee. She continues to maintain one of the cleanest kitchens in the Eagle/Vail Valley. Commissioner Stone presented a five year award to Bob Beyer, Sheriffs Deputy. He stated Mr. Beyer is a great team player, he gets along with everyone he comes in contact with. He gives as well as receives respect from inmates and staff alike. He is a pleasure to work with. Commissioner Menconi presented a five year award to Cathy Rysavy, Sheriffs Office Kitchen. He stated Ms. Rysavy has come a long way since she started in the kitchen five years ago. She is determined and willing to do what it takes to get the job done. Ms. Rysavy is fun to work with. Commissioner Gallagher presented a fifteen year award to Mike McWilliam, Detective Sargeant, Sheriffs Office. He stated Mr. McWilliam is a valuable member of the fire team, detective sergeant overseeing our investigation's unit. Commissioner Stone presented a fifteen year award to Bill Kaufman, Eagle County Sheriffs Deputy. He stated Mr. Kaufman is one of our Public Information Officers's. He answers car seat questions and was instrumental in developing the "Give a Click" Program for the Eagle County Sheriffs Office. Commissioner Menconi presented a fifteen year award to Charlie Cooper. He stated Mr. Cooper is Certified in Vehicle Certification numbers and as a civil officer. He is also a hostage negotiator for the Special Operations Unit. 4 01-14-2002 Resolution 2003-006, Annual Appointments Resolution Chairman Gallagher stated the next matter before the Board was the Annual Appointments Resolution. He reviewed last years positions and asked the Board if they were willing to leave those the same. The Board concurred. Chairman Gallagher asked for public comment. Andy Weisner, resident of Vail, stated he hopes the Commissioners follow the rotation that has been followed for the past 20 years and appoint Commissioner Menconi as Chairman for 2003. He stated it is important with a small Board that everyone get their turn. The Board has been contacted by members of the community and he urged the Commissioners to do the right thing. Don Cohen, resident of Edwards, expressed his views and those of his friends. He stated the traditional rotation seems most reasonable. He hasn't heard an intellectual argument for anything other than that. He wondered if this was a personal argument. He believes that all the Commissioners are bright and capable people. He is worried about small inconsequential acts. If there isn't thoughtful intellectual underpinnings in relation to a choice, what else will be handled this way. He has expressed his concern in the Vail Daily. It is important to have high quality interaction and that the citizens can trust the integrity of the Commission to work together. Chairman Gallagher explained the Resolution determines how the Commissioners choose to do business between themselves, and the areas that they are responsible for help determine this as well. He disputed the fact that if one Commissioner wasn't given the opportunity to be Chairman, his district would suffer. There is no power in being Chairman. It is simply how the majority of the Board chooses to operate internally within itself. He disputed the 20 year history of rotation. Commissioner Stone moved to approve Resolution 2003-006, the Annual Appointments Resolution, filling in Michael Gallagher's name as Chairman of the Board of County Commissioners and Tom Stone's as Vice-Chairman of the Board of County Commissioners. Chairman Gallagher seconded the motion. Commissioners Gallagher and Stone voting aye and Commissioner Menconi voting no. Consent Agenda Chairman Gallagher stated the next item before the Board was the Consent Agenda as follows: A) Approval of bill paying for the week of January 13, 2003, subject to review by the County Administrator B) Approval of the minutes of the Board of County Commissioner meeting of December 17,2003 C) Resolution 2003-007, designation of Official Eagle County Newspaper D) Agreement between the County of Eagle and Beth Harvey for services to children and families E) Agreement between the County of Eagle and Joel Karr for services to children and families F) Agreement between Eagle County and Michael Claussner for services to children and families G) Agreement between the County of Eagle and Mary Ezequello for services to children and families H) Agreement between the County of Eagle and Don Bissett for services to children and families I) Agreement between the County of Eagle and Terri Allender for services to children and 5 01-14-2002 families J) Agreement between the County of Eagle and Colorado West Regional Mental Health Center for services to children and families K) Agreement between Eagle County and White River Counseling for services to children and families L) Agreement between the County of Eagle and Jose Banuelos for services to children and families M) Agreement between the County of Eagle anc Julie Lewis for services to children and family N) Agreement between the County of Eagle and John McCormick for services to children and families 0) Agreement between the County of Eagle and Chris Morton for services to children and families P) Agreement between the County of Eagle and Karen LaJoy Smith for services to children and families Q) Agreement between the County of Eagle and Samaritan Center of the Rockies for services to children and families R) Agreement between the County of Eagle and Catherine Zakorian for services to children and families S) Agreement between the County of Eagle and Roaring Fork Legal Services for services to children and families T) Agreement between the County of Eagle and Mountain Board for Cooperative Educational Services for services to children and families U) Agreement between the County of Eagle and Colorado West Mental Health for the Early Childhood Coaching and Consultation Project V) Airline Shuttle Airport Signage W) Intergovernmental Agreement between Eagle River Water and Sanitation District and the County of Eagle for water/sewer lines at relocation near Berry Creek entryway X) Intergovernmental Agreement between Eagle River Water and Sanitation District and the County of Eagle for water/sewer lines at relocation near Berry Creek Middle School Y) Agreement concerning Protective Covenants and Restrictions for Miller Ranch, a subdivision of Tract D, Berry Creek/Miller Ranch PUD Z) Berry Creek Limited Subdivision and on-site Improvements Agreement AA) Letter of Support to State of Colorado, Department of Local Affairs Energy and Minerals Assistance Program Committee for grant funds to the Town of Mintum BB) Change Order #1 to the 2002 Centerline Marking Contract. Chairman Gallagher asked the Attorney's Office if there were any changes to the Consent Agenda. Diane Mauriello, County Attorney, stated there are no changes or revisions but noted item Z, the Berry Creek Limited Subdivision and on-site Improvements Agreement, has just been passed out and signed. She stated she would provide additional if so needed. Chairman Gallagher questioned item V, Airport Signage, and ifit should be on this Consent Agenda or before the Airport Authority. Ms. Mauriello stated it is on both agendas and must be approved by both entities. Commissioner Stone questioned item AA, a letter of support for the Town of Minturn, to the State of Colorado. Chairman Gallagher explained the Super Fund site and the conditions for funding. They are applying for support to round out the money needed to complete the project. Commissioner Stone understood that the grants that are available normally go to Counties where 6 01-14-2002 there are impacts from mining. He questioned if this qualifies? Chairman Gallagher explained the Town of Minturn has been successful obtaining funds in the past. Commissioner Menconi moved to approve the Consent Agenda as presented. Commissioner Stone seconded the motion. The vote was declared unanimous. Plat & Resolution Signing Chairman Gallagher stated there are no plats and resolutions for the Board's consideration. Resolution 2003-008, Adopting Supplementary Budget Mike Roeper, Finance Director, presented Resolution 2003-008, adopting a first supplementary budget and appropriation of anticipated revenues for fiscal year 2003, and authorizing the transfer of budgeted and appropriated monies between spending agencies. He spoke to adding the merit pool back into the budget. Jack Ingstad, County Administrator, stated they decided they would get back to the Board after determining the numbers from sales tax revenues. He didn't feel it would be necessary to dip into reserves or accounts with balances. Commissioner Stone reiterated that the Board committed to reviewing the status of revenues. He believed there would be some incremental increases with the addition of the Home Depot and super Wal-Mart. He believes there would be a boost in sales tax revenues. Commissioner Stone moved to approve Resolution 2003-008, adopting a first supplementary budget and appropriation of anticipated revenues for fiscal year 2003 and authorizing the transfer of budgeted and appropriated monies between spending agencies. Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Stone moved to adjourn as the Board of County Commissioners and reconvene as the Eagle County Air Terminal Corporation. Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Stone moved to adjourn as the Eagle County Air Terminal Corporation and reconvene as the Board of County Commissioners. Chairman Gallagher seconded the motion. The vote was declared unanimous. Airport Master Plan Diane Mauriello stated the next matter before the Board was the Airport Master Plan. She stated the next step is for the Board to indicate it's approval of the Master Plan as it exists today. It would then be sent to the FAA for their approval. Following this approval the Board of Commissioners would have the opportunity for final review and approval. She stated the plan has gone through a peer review process. She stated she has recommendations in their packets. Chairman Gallagher inquired as to what the FAA would receive. Ms. Mauriello explained they would receive the last draft of the bound volume, the peer review comments and the maps. Chairman Gallagher asked that the Master Plan include a runway extension in both directions. Commissioner Stone moved to approve the document be forwarded to the FAA as approved by the Board, incorporating peer review comments, contingent on comments by the FAA. Commissioner Menconi seconded the motion. The vote was declared unanimous. Ms. Mauriello stated there is an outstanding payment for services for Bernard Dungleberg in the 7 01-14-2002 amount of $8,300.00. She stated they have completed the peer review and she asked the Board to consider payment. Chairman Gallagher stated before approval, he would like to review payments to this corporation. The Board concurred. Commissioner Stone moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Commissioner Menconi seconded the motion. The vote was declared unanimous. Liquor License Consent Agenda Earlene Roach, Eagle County Liquor Inspector, presented the Liquor License Consent Agenda for January 14, 2003. A) Ski Resorts Concepts, Inc. Grouse Mountain Grill This is a renewal of a hotel & restaurant license. This establishment is located along Scott Hill Road, in the Pines, in Beaver Creek. There have been no complaints or disturbances during the past year. Commissioner Stone moved to approve the Liquor License Consent Agenda for January 14, 2003 as presented. Commissioner Menconi seconded the motion. The vote was declared unanimous. Wild Turkey Federation Earlene Roach presented a special events permit application for the Wild Turkey Federation for January 25,2003 from 5:00 p.m. to 10:00 p.m. She stated this is an annual event and there have been no problems in the past. Staff has no concerns with this application. This application is in order and all fees have been paid. James Miller and Bob Kearns, applicants, were present for the hearing. Mr. Miller stated this is the fifth annual event and they are held at the Eagle County Fairgrounds. Chairman Gallagher asked who will be serving the alcohoL Mr. Miller stated he has a TIPS trained employee from Fiesta's Mexican Restaurant in Edwards who will serve all alcohoL He stated they have one keg of beer and a gallon of wine for the ladies. Commissioner Menconi moved the Board approve the Special Events Permit for the National Wild Turkey Federation for January 25,2003 from 5:00 p.m. to 10:00 p.m. Commissioner Stone seconded the motion. The vote was declared unanimous. Commissioner Stone moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Commissioner Menconi seconded the motion. The vote was declared unanimous. Road Impact Fee Board Meeting Commissioner Stone moved to adjourn as the Board of County Commissioners and reconvene as the Road Impact Fee Board. Commissioner Menconi seconded the motion. The vote was declared unanimous. Chairman Gallagher stated he has reviewed the minutes concerning the road impact fees for the project known as Edwards Comer in detail, and is of the opinion that road impact fees should be 8 01-14-2002 assessed to this property. He requested information from the applicant as to why the fees should be discounted. Commissioner Stone added that it was his belief that there were two areas of discussion. The road impact fees already paid and if this was a new subdivision. He stated he is of the belief that this is a new special use permit. The only reason this file was continued was so research could be conducted as to which credits were appropriate. Commissioner Menconi inquired as to whether the other two Commissioners wanted to go onto what the credits would be or if they wanted the applicant to go forward with a presentation. Chairman Gallagher stated it was his understanding thatthere should be a request for credits that the applicant will present today. Ms. Mauriello stated the procedure will be that the Board will consider credits and the issue may be remanded back to the Road Impact Fee Committee. There should be no negotiations about this matter during the hearing. Helen Migchelbrink, County Engineer, pointed out that George Roussos, Chairman of the Road Impact Fee Committee, no longer works for Eagle County. Most of the conversations between Mr. Mueller and Mr. Roussos was done with Mr. Roussos as Chairman. She stated she has summarized those comments. She reviewed the ten point claims for credit. One of the points the Road Impact Fee Committee did recommend for credit. The other issue was the capital improvement plan. In order for a credit to be applied, the credit has to appear as one ofthe capital improvement projects identified in the Land Use Regulations. If the project were identified on the list, it would be looked at. The other item looked at was the improvement associated with this development. Many of the credits asked for are either not associated with this project or they are not on the capital improvement list. In order to widen the Spur Road it is necessary to also widen Edwards Village Blvd. She requested the developer explain why the other 9 credits would be applicable. Chairman Gallagher asked for the total amount of Road Impact Fees. Ms. Migchelbrink stated the amount is $200,448.54. Rick Mueller had no response to Ms. Migchelbrink's request. John Goodman, attorney for applicant; stated they do not agree this is a new subdivision. It is their position that they are associated with the project at Edwards Village Commercial. That is the basis for the appeal but not to the potential appeal at District Court. Chairman Gallagher asked the applicants to make a presentation of items 1-10 as they are presented down the page. Rick Mueller apologized for the last meeting of July 2, where road impact fees were presented and discussed. It took three months before any decision was made regarding the road impact fees. He stated this is a difficult situation. Their basic premise is of no consequence in his opinion to the Board. There were two letters from Mr. Roussos. He reviewed the second letter with the Board. Commissioner Stone asked Mr. Mueller to tell the Board what he hoped to prove by reviewing the exhibits. Chairman Gallagher stated the applicant is presenting evidence as to why they should have additional impact fees. He requested the applicant continue presenting his case as planned. Mr. Mueller reviewed each of the tabs in the package of documents. These tabs included various approvals and correspondence between the applicant and the County regarding the roads involved. He reviewed the change in parcel and lot numbers. Chairman Gallagher asked staff to address the items presented by Mr. Mueller. Keith Montag, Director of Community Development, stated that would be difficult without a copy of the handout being used by Mr. Mueller. Mr. Mueller began with claim #1. When you look at the site standards and road impact fees, there is an exemption unless re-plat occurs that increases the traffic. He argued that this was a previous subdivision, and the plat has been in place. Even though it was re-platted they have not increased the 9 01-14-2002 traffic. He referred to a traffic study that was prepared. The traffic study actually showed less traffic. The zoning in place was for 63,000 square feet. When it went to commercial general it went to 67,000 square feet. Based on their application they applied for 50,588 square feet which is 20% less. They feel they have decreased the impacts. Under number 2D they feel they have complied. They have changed the zoning but have reduced the impacts. Commissioner Stone questioned whether or not there was a prior approval for anything to have been built on the property. He stated he believes there was no approval for anything to be built on the property. He questioned if it was generalized zoning. There was no specific building approved that was to be built on the property. Chairman Gallagher asked Ms. Mauriello as to whether the road impact fee would apply to a property that had a final plat prior to the date of the adoption of road impact fees. Is there anything in the road impact fees that addresses a re-plat situation. Ms. Mauriello stated in the Road Impact Fee Regulations it is stated that the following will be exempt. Any development of a lot receiving final plat approval prior to the effective date of this regulation shall be exempt from the payment of road impact fees unless there is a re-plat that occurs which increases traffic. She asked whether this development fell within this exemption. Statutes allow the imposition of impact fees on capital facilities needed to serve new development. Chairman Gallagher asked if the question rested around the word "development" . Even though this property had been developed it had not been final platted. Mr. Mueller reviewed item #2. He stated the impacts are already present. The lighting is in, the road is in. The work has already been done. He believes that the difference in fees should be determined based on the difference in the impact. In 1985 this subdivision improvement was put in place and an extension was given in 1989. In 1994 he bought the property. He had to finish the subdivision improvements agreement stipulations that weren't finished at the time to release lot 36 from foreclosure. Chairman Gallagher asked staff to respond to the monies that were paid for improvements in that area. Ms. Migchelbrink: did not recall any mention of these agreements mitigating road impact fees. This was the agreement that was entered into to do Homestead, Filing 3. It was the Road Impact Fees Committee opinion that by re-platting this and abandoning the lot line, it was changing the intended use of parcel 12, to add on Lot C-l. No matter what was contemplated in Filing 3, it was not contemplated that a lot line would be abandoned and another lot would be brought in and the use would be two and half times the amount platted for that lot. Chairman Gallagher asked if there was anything in any record reviewed to indicate that any money collected was earmarked for road impact fees. Mr. Montag said that there were no road impact fees at that time. Chairman Gallagher asked if an SIA would include road impact fees at this time. Commissioner Stone stated that Mr. Warner did not install trails as promised, but it is a separate Issue. Mr Mueller reviewed #3, moving the entryway away from the intersection.. Ms. Migchelbrink: stated that access improvements on the property are not eligible for impact fee reduction. That is found on page 4-100, # 11, definition of a road impact capital improvement. Mr. Mueller reviewed #4. The question about the intersection was raised. They paid $36,400.00 for the intersection. He stated he has a letter from Mr. Roussos indicating those monies would only be used for the intersection. Ms. Migchelbrink: referred to the fact that the $36,400.00 was a supplemental condition on his State Highway Access Permit. It was a part of the access permit for another piece of property that had nothing to do with the property in question today. Mr. Mueller reviewed #5. He stated he was unhappy about the ruling on this item. He feels it's a 10 01-14-2002 rule by convenience. He was required to build a bike path to a bus stop. He asked why a credit would be approved on one side and not on the other. The road impacts do include the bike path. Ms. Migchelbrink recognized the benevolence of the owner in doing the work. However the road impact fees do not allow for this type of credit. If he had agreed to donate that right of way, and it was deemed that it could be used to achieve one of the capital improvement projects, then the Road Impact Fee Committee would have agreed to give that credit. He must keep that easement on the property to fulfill his green space requirements. Mr. Mueller stated that they did donate the land. Ms. Migchelbrink stated that the easement is not donated but is on his property as part of his green space requirement. Mr. Mueller stated he is asking for credit for the bike path. Commissioner Stone asked whether the County agreed to credit the fees regarding this path. Mr. Mueller said they had not agreed. Mr. Mueller skipped #6, #7, #8 and #9. He reviewed #10. They were asked by Mr. Roussos to not put the access point in. He was concerned that he had to do work twice based on requests by the County. Commissioner Menconi asked a question related to access - #10 and #4. The reason for the committee's denial is because an access is not to be given a credit. He asked if Mr. Mueller would please cite his interpretation of the regulation in order for a credit to be appropriate. Mr. Mueller stated the fee that was paid was applied to the intersection. Commissioner Menconi asked if Mr. Mueller felt that this was not an access issue but rather an intersection question. Mr. Mueller stated that he indeed felt it was an intersetion question. Ms. Migchelbrink reiterated that the $36,400 was related to another project 500 feet away. Ms. Mauriello recommended that first it be determined that there was no additional information to be presented. There could be direction given to the Attorney's Office to prepare findings of fact. They could also reverse the recommendations of the Road Impact Fee Committee, or return this matter to that committee for re-calculation. Ms. Migchelbrink recommended that the impact fee be applied. The remaining balance is $95,000. Commissioner Menconi asked staff why this was considered to be new development and subject to road impact fees. Mr. Montag answered that there is a purpose statement for the regulations. These regulations state that new developments contribute their share of the costs of providing improvements. Impact fees are triggered by traffic generating development. Land development designed or intended to permit use of land that would convert to more floor space. Commissioner Menconi inquired whether any new activity would be subject to the road impact fees. Mr. Montag stated that this is correct. In this situation they have a previously plated lot showing no development. There was zoning - two different commercial zones. In order for the applicant to develop the lots the zoning was changed on one lot and a special use was triggered. Based on the new activity it was staffs feeling that a new development had occurred. He explained that zoning doesn't determine the type of impact that there might be. It is staffs belief that there may have been less development if it had remained two lots. Any use over 22,000 square feet requires a special use permit. This triggered an additional review of the development application. Mr. Mueller disagrees entirely with the opinion of the staff. He referred to the Gateway building in Vail. He referred to the statement of any development which might occur. Commissioner Menconi asked Ms. Mauriello for her clarification as to the difference between what staff was stating and what Mr. Mueller was stating. 11 01-14-2002 Ms. Mauriello explained she believed that Mr. Mueller felt, based on the fact that there was a final plat in place, they were exempt. She believes that staff interpreted the re-plat request to mean a new development. The re-plat or new development, is the reason for staffs position. It is up to the Board to decide how to interpret the requirements. Chairman Gallagher asked ifthe Board could interject another file as Commissioner Stone had to leave. Commissioner Menconi stated that he did not desire to continue this file without Commissioner Stone. He suggested tabling the file until the next meeting if it couldn't be wrapped up in 10 minutes Mr. Mueller asked that the issue be returned to the Commissioners for further consieration. Mr. Goodman asked that the issue be tabled. Commissioner Stone moved that the road impact issue for Edwards Comer be tabled until January 28,2003. Commissioner Menconi seconded the motion. The vote was declared unanimous. ZC-00057, Lot 5, Mosher Subdivision Joseph Forinash, Planner, presented file number ZC-00057, Lot 5, Mosher Subdivision. He stated Staff cannot support this zone change request. He stated the Planning Commission recommended denial and deliberated on the following: Suitability of site for subsequent subdivision. Applicability and conformance with Eagle Area Community Plan, including the Future Land Use Plan Map. Precedence which may have been set by clustered subdivision to the north (Ladybelle View) and Abrams Subdivision to the east along Brush Creek Road. Application to re-zone a 10 acre parcel from Resource to Agricultural Limited (minimum lot size: 5 acres) for the purpose of subsequently applying for subdivision into two 5 acre parcels. The chronology of the application is as follows and as shown on staffreport: 1974 - Plat recorded which created ten 10 acre parcels, collectively known as Mosher's Subdivision, including this Lot 5. 1979 - Final Plat approved for Mo's Subdivision, immediately south of Mosher's Subdivision, which created four lots ranging in size from 8.095 to 10.435 acres. 1987 - Final Plat approved for Ladybelle View Subdivision, immediately north of Mosher's Subdivision, which created one lot of 28+ acres and four clustered lots of 5+ acres. 2001 - Final Plat approved for Abrams Subdivision, immediately east of Mosher's Subdivision, which created two lots of 5.1 acres and 9.7 acres, respectively. Referral responses are as shown on staff report and as follows: Eagle County Engineering Department Driveway to proposed north lot will have a grade of approximately 13% assuming the existing driveway is used. Lot is on a hill side with an average slope of 25%, making construction of structures and septic systems difficult. Cedar Lane ( off-site) is outside of easement provided for that purpose. Greater Eagle Fire Protection District No comments. Additional Referral Agencies: Eagle County Attorney, Eagle County Environmental Health, Eagle County Housing Division, Eagle County Surveyor, Town of Eagle, Colorado Division of Wildlife, USDA Natural Resources Conservation Service Staff findings are as follows and as shown on staff report: 12 01-14-2002 Pursuant to Eagle County Land Use Regulations Section 5-230.D., Standards for the review of Amendments to the Text of the Land Use Regulations: STANDARD: Consistency with Master Plan. [Section 5-230.D.l.] - Whether and the extent to which the proposed amendment is consistent with the purposes, goals, policies and FLUM (Future Land Use Map) of the Master Plan. EAGLE COUNTY MASTER PLAN Conformance x4 Non Conformance x2 Mixed Conformance Xl x3 x x x Xl - Site is located in Mule Deer Winter Range, Mule Deer Severe Winter Range and Mule Deer Winter Concentration Areas. It may be possible to mitigate adverse impacts during subsequent subdivision review. x2 - Further subdivision of the site would tend to allow more dense uses away from an existing community. Further subdivision of the site would not be consistent with the Future Land Use Map. x3 - Greater density on the site may be consistent with the spirit of this Policy. However, the site is not close to transportation and jobs, as proposed for affordable housing. x4 - It appears that the intent of the Future Land Use Map may be to include this site in an area designated as "Countryside", which includes an expected dwelling unit density range of from 1 dwelling unit per 2 acres to 1 dwelling unit per 35 or more acres. EAGLE AREA COMMUNITY PLAN Communi Open ty Size & & Re Character Environment & Sensitive Areas Economic Development Non Conformance Xl x2 x5 x3 x4 x x X I - Further subdivision of the site would be contrary to the policy of concentrating development in and around the Town of Eagle. Site is well beyond the "10-20 Year South Growth Boundary". x2 - Further subdivision would be contrary to policy of retaining existing resource development densities of I unit per 35 acres. x3 - Site is located in Mule Deer Winter Range, Mule Deer Severe Winter Range and Mule Deer Winter Concentration Areas. It may be possible to mitigate adverse impacts during subsequent 13 01-14-2002 subdivision review. X4 - Greater density on the site may be consistent with the spirit of this Policy. However, further subdivision of the site would not be consistent with the Future Land Use Plan Map. X5 - Site is well beyond the "10-20 Year South Growth Boundary" on the Future Land Use Plan Map. EAGLE COUNTY OPEN SPACE PLAN Land Use Open Space Unique Char. Coo eration Provision Preservation Visual uali Development Patterns Conformance x Non Conformance Xl Mixed Conformance X2 X X X X X I - Further subdivision of the site would be contrary to the policy of concentrating development in and around existing communities to enhance open space values in the outlying areas. x2 - Site is located in Mule Deer Winter Range, Mule Deer Severe Winter Range and Mule Deer Winter Concentration Areas. It may be possible to mitigate adverse impacts during subsequent subdivision review. EAGLE RIVER WATERSHED PLAN WatetQuantity Water Quality Wildlife Recreation t..",UTOQ Conformance Non Conformance Mixed Xl ConfOrmance Not X X X X Applicable Xl - Site is located in Mule Deer Winter Range, Mule Deer Severe Winter Range and Mule Deer Winter Concentration Areas. It may be possible to mitigate adverse impacts during subsequent subdivision review. Based on the above analysis, the proposed zone change and intended subdivision is clearly not consistent with the Master Plan. However, there a number of other factors which exist that should taken into account during the consideration of this Standard, including the following: The Future Land Use Map (FLUM) ofthe Eagle County Master Plan recognizes this area comprised of from 5 to 10 acre lots which have existed for a number of years, some even preceding zoning in the unincorporated areas of the County. An area designated as "Countryside" is shown on the PLUM in the general area of these smaller lots. "Countryside" indicates areas with expected density of from 1 dwelling unit per 2 acres to 1 dwelling unit per 35 acres. 14 01-14-2002 While the detail on the FLUM showing the extent of the "Countryside" area is not entirely clear, it appears that the intent of the FLUM maybe to include this subject lot in the "Countryside" area. What is not clear from the FLUM is what lot size for this particular site is appropriate, that is, 1 dwelling unit per 2 acres or 1 dwelling unit per 35 acres, or at what point in between. That determination must be determined by other factors. While the subject site is located in areas indicated as critical wildlife habitat, it is located on the fringe of those areas. If subdivision were subsequently proposed for this site, it may be possible to adequately mitigate adverse impacts. The Future Land Use Plan (FLUP) Map in the Eagle Area Community Plan (EACP) shows greater detail in this area. A strict reading of the FLUP Map indicates that this subject lot is in an area with density of 1 dwelling unit per 35 acres, even though this lot and others in the immediate vicinity are less than 35 acres. It appears that zone changes to increase density for this particular lot, and others in the immediate vicinity, are not contemplated. The FLUP Map of the EACP (adopted in 1996) has a 20-year growth boundary extending from the community center ofthe Town of Eagle which is well northwest of the subject site. That is to say that the subject site is well outside the 20-year growth boundary. Considering both the analysis of the proposed zone change and the factors enumerated above, Staff concludes that density that currently exists in the area ofthe subject site is consistent with the Master Plan, including the Future Land Use Map and the Future Land Use Plan Map ofthe Eagle Area Community Plan, but that the increase in density that would result from the proposed zone change is not consistent with the Master Plan. [-] FINDING: Consistency with Master Plan. [Section 5-230.D.l.] - The proposed amendment IS NOT consistent with the purposes, goals, policies and FLUM (Future Land Use Map) ofthe Master Plan. STANDARD: Compatible with surrounding uses. [Section 5-230.D.2.] Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zone district for the land, considering its consistency with the purpose and standards of the proposed zone district. The proposed zoning would permit subdivision of this site into two 5 acre lots. Issues raised by the County Engineering Department include the suitability of the site for a second building site on what would be the north lot, if subdivision into two 5 acre lots were to be approved. Specific issues included the necessary grade of the driveway to the proposed north lot, and the slope of proposed second building site. The Applicant has responded that both issues can be addressed satisfactorily. There is no conclusive resolution of these issues at this point. Detailed consideration of these issues might better occur at the time an application for subdivision was under review. With respect to surrounding uses, the area in the immediate vicinity includes residential and agricultural lots ranging from 5 to 10 acres. Other than with respect to density, the proposed zone change would result in a land use which would be generally compatible with the existing agricultural and residential uses surrounding the subject land. The proposed increase in density would not be compatible nor appropriate for this part of the Brush Creek Valley. [-] FINDING: Compatible with surrounding uses. [Section 5-230.D.2.] - The proposed amendment IS NOT compatible with existing and proposed uses surrounding the subject land, and IS NOT an appropriate zone district for the land, considering its consistency with the purpose and standards of the proposed zone district. STANDARD: Changed conditions. [Section 5-230.D.3.] Whether and the extent to which there ARE changed conditions that require an amendment to modifY the use or density/intensity. Certainly, the Eagle area and the Brush Creek Valley have changed since the existing zoning was established. There has also been changes since the Eagle County Master Plan and the Eagle Area 15 01-14-2002 Community Plan were adopted in the mid-l 990s. However, most of the recent development which has occurred in the area has been closer to the community center near the Town of Eagle. The pending status of the Adam's Rib Frost Creek and Salt Creek PUD application creates a degree of uncertainty with respect to the nature and degree ofthe changed conditions. However, even if the proposed Adam's Rib Frost Creek and Salt Creek PUD were to be approved as proposed, with its' gross residential density of one unit per 20+ acres on 1627+ acres and minimum lot size of 4 acres, the density in this area would be greater than that of the proposed Frost Creek and Salt Creek PUD. The extent of the changed conditions in this area are not sufficient to warrant the increase in density that would be permitted by the proposed zone change. [-] FINDING: Changed conditions. [Section 5-230.D.3.] - There ARE NOT changed conditions that require an amendment to modify the use or density/intensity. STANDARD: Effect on natural environment. [Section 5-230.DA.] Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment, including but not limited to water, air, noise, storm water management, wildlife habitat, vegetation, and wetlands. Adverse impacts on the natural environment might occur since the site is located in Mule Deer Winter Range, Mule Deer Severe Winter Range and Mule Deer Winter Concentration Areas. Given the location of the site on the fringe of these critical wildlife habitat areas, it may be possible to mitigate adverse impacts during subsequent subdivision review. Other adverse impacts on the natural environment do not appear to be likely. [+] FINDING: Effect on natural environment. [Section 5-230.DA.] - The proposed amendment WILL NOT result in significantly adverse impacts on the natural environment, including but not limited to water, air, noise, storm water management, wildlife habitat, vegetation, and wetlands. STANDARD: Community need. [Section 5-230.D.5.] Whether and the extent to which the proposed amendment addresses a demonstrated community need. The Applicant notes a community need in the form of addressing a wide range of housing options. Staff agrees that the proposed zone change would serve to accommodate this need. [+] FINDING: Community need. [Section 5-230.D.5.] - It HAS been demonstrated that the proposed amendment addresses a community need. STANDARD: Development patterns. [Section 5-230.D.6.] Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern, and not constitute spot zoning, and whether the resulting development can logically be provided with necessary public facilities and services. The proposed zone change, and the subdivision application which is expected to follow, would begin to substantially increase the intensity of the use in this part of the Brush Creek Valley. The recently approved zone change to AL (minimum lot size of5 acres) and subdivision of the Abrams Subdivision had in its' favor the fact that it is adjacent to Brush Creek Road. The greater distance of this subject site from Brush Creek Road makes the smaller lots less appropriate. And it is likely that a number of similar zone changes which could be proposed for this area could result in a significant concentration of 5+ acre lots. It is further noted that the existing dwelling is served by municipal water from the Town of Eagle. Since the Town of Eagle is not currently selling water taps outside its' corporate boundaries, a second dwelling would necessarily have to be served by a private well. This points out the limits of being able to provide necessary public facilities and services. [-] FINDING: Development patterns. [Section 5-230.D.6.] - The proposed amendment WILL NOT result in a logical and orderly development pattern, WILL constitute spot zoning, WILL NOT logically be provided with necessary public facilities and services. STANDARD: Public interest. [Section 5-230.D.7.] Whether and the extent to which the area 16 01-14-2002 to which the proposed amendment would apply has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area. The factors discussed above with regard to Standards for Consistency with the Master Plan, Changed Conditions and Development Patterns suggest that the area in the vicinity ofthis subject site may have changed or may be changing in the direction of increased residential density. However, it is not clear that the change is sufficient to warrant AL (minimum 5 acre lot) zoning on this subject site. To the extent that other property owners in the area were to be encouraged to seek changes to AL zoning, the resulting density in the area could be more than that would best serve the public interest. [-] FINDING: Public interest. [Section 5-230.D.7.] - The area to which the proposed amendment would apply HAS NOT changed or IS NOT changing to such a degree that it is in the public interest to encourage a new use or density in the area. If the Applicant can provide the Board with sufficient evidence to compel the reversal of several negative findings, than a recommendation of approval could be appropriate. Tom Boni, Knight Planning, presented a power point review ofthe location ofthe property, it's history, the standards for the zone change, Planning Commission considerations and the Future Land Use Map. Ron Marmon, applicant, made additional comments related to approval of the request. He presented letters from his neighbors recommending approval. Chairman Gallagher stated if this application were approved it would not be approval for building, but only for subdivision. Commissioner Stone asked if they were aware of issues with building on the site, and would the Wildfire Regulations apply to any building on the property. Mr. Forinash stated they will affect this property and will go into effect in April. Mr. Boni showed some pictures of the property with relation to the number of trees and the difficulty in getting a building permit due to the density of existing trees. Commissioner Menconi asked Mr. Forinash ifhe would place conditions on building on the property. Mr. Forinash stated that the application is very much on the border of the decision to approve or deny. The recommendation was based on the Master Plan and the fact that it could increase the density in this area. Mr. Forinash explained that the future land use plan addresses the particular site. The overall Master Plan is unclear as to the density of this area. The Eagle Area Plan is very clear that this parcel is not designed for 5 acre parcels, and the Master Plan was implemented after the current 5 acre parcels were subdivided. Mr. Boni stated there had been one subdivision approved after this Master Plan was implemented. Commissioner Stone moved the Board approve File No. ZC-00057, Mosher Subdivision, incorporating the amended staff findings to find this application is in compliance with the Master Plan. Commissioner Menconi seconded the motion. The vote was declared unanimous. PDS-00025, Star Route Cliff Simonton presented file number PDS-00025, Star Route. He stated on December 18,2000, the Board of County Commissioners approved a Sketch Plan for the Star Route Planned Unit Development. The Star Route PUD would create a small mixed use enclave on a vacant 10.55 acre parcel north ofI-70 and east of the Colorado River in Dotsero. The Applicant proposes an artisan's workshop community, with a centralized cafe/restaurant and retail outlet, three studio workshops, two employee housing units located on top of the cafe, office space, and related commercial support facilities 17 01-14-2002 located on the 3.6 acre portion ofthe lot that exists outside the adjacent flood plain of the Colorado River. The remaining 7 acres (in the flood plain) would be allocated to open space uses. A proposed green house would support seasonal sales from a road side stand. Pedestrian path systems are proposed to connect internal facilities to open space areas and a picnic site. Water would be provided by well; sewage disposal would be by ISDS. Present zoning on the parcel is Resource. Pursuant to Section 5-280.B.3.f of the Land Use Regulations, while the approval of a Sketch Plan is valid for only two years, it may be extended by the Board of County Commissioners for an additional two year period. The Applicant has requested such an extension. No significant land use actions predate the present plan for the Star Route PUD. A plan for a restaurant was contemplated for this site in the spring of 1996 (reference letter to Bill Joseph from Terri Bernath, 5/3/99, file PA-00163) but was never formalized. No referrals have been made with regard to this request for Sketch Plan approval extension. STAFF FINDINGS: Pursuant to Eagle County Land Use Regulations Section 5-280.B.3.f (4), Extension, An extension ofthe Sketch Plan's life may be granted by the Board of County Commissioners, not to exceed two (2) years in length, if the Applicant demonstrates that: STANDARD: Failure to obtain approval of a Preliminary Plan for Subdivision was beyond the applicants control (allowing reasonable time for the review process). The letter from the Applicant's representative (attached) indicates that the preparation of the Preliminary Plan has been delayed due to efforts to obtain a court approved water plan, and to prepare construction drawings in accordance with the approved Colorado Department of Transportation access permit. As this work is being performed by others, the delays were beyond the control of the Applicant. [+] FINDING: The Applicant HAS indicated that the failure to obtain approval of a Preliminary Plan for Subdivision was beyond the applicant's control (allowing reasonable time for the review process) STANDARD: The Sketch Plan is not speculative in nature. Whether the Sketch Plan is "speculative" in nature is taken by Staff to refer to whether the proposed development has a reasonable likelihood of being realized. The Applicant asserts that the plan is not speculative, that work is continuing to refine the design of the development, and that an application for Preliminary Plan is forth-coming. Of the variety of conditions imposed at sketch plan approval, none are problematic to a degree that would preclude the eventual implementation of the Applicant's plan. [+] FINDING: The Sketch Plan is NOT speculative in nature STANDARD: The Sketch Plan still complies with the Land Use Regulations and the Master Plan. It was determined by the Board of County Commissioners in December of 2000 that the Sketch Plan is consistent with the Eagle County Master Plan, including the Future Land Use Map, and does comply with Land Use Regulations. Neither the Master Plan nor the Land Use Regulations have been amended in any manner that would cause this Sketch Plan to be out of compliance. [+] FINDING: The Sketch Plan DOES still comply with the Land Use Regulations and the Master Plan. STANDARD: There is a reasonable likelihood the Preliminary Plan for Subdivision will be developed in the next two (2) years. The Applicant reports that work on the design and engineering portions of the Preliminary Plan is continuing, and that here is a reasonable likelihood that an application for Preliminary Plan will be submitted within the next two years. [+] FINDING: There DOES appear to be a reasonable likelihood the Preliminary Plan for Subdivision will be developed in the next two (2) years. Mr. Simonton went through a power point presentation with the map and staff findings related to 18 01-14-2002 this file. Staff recommends approval due to the fact that all findings are positive. Sid Fox, representing the applicant, stated significant progress has been made on the requirements to submit preliminary plans. Commissioner Menconi moved the Board of County Commissioners approve the extension of the Sketch Plan for the Star Route Planned Unit Development, File No. PDS-00025, incorporating staff findings. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Stone had to leave the meeting. ZC-00061, Rather Zone Change SMA-00019, Rather Subdivision Bob Narracci, Planner, presented file number ZC-00061 Rather Zone Change and SMA-00019, Rather Subdivision. He stated the applicant is requesting this matter be tabled to March 18,2003. He stated they are waiting for the State Division of Water Resources to re-classify their well to accommodate the proposed use. Commissioner Menconi moved to table file numbers ZC-00061, Rather Zone Change and SMA- 00019, Rather Subdivision, to March 18,2003, at the applicants request. Chairman Gallagher seconded the motion. The vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until January 21,2003. Attest: Clerk to the 19 01-14-2002