No preview available
HomeMy WebLinkAboutMinutes 08/23/05 PUBLIC HEARING August 23, 2005 .resent Am Menconi Peter Runyon Tom Stdne biane MaUriello Kathy Scriver Chairman Cotntnissioner Commissioner COtii1ty Attorney Deputy Clerk to the Board Absent: Keith Montag Acting County Administrator Tlii'sb'eing a schedUled Public Hearing, the following items were presented to the Board of COtihty L:otntriissioriers' for their consideration: Exe'ctltiveSession Cdrnmis'sloriRuriyonmovedthat the Boatd of County Cotntnissionersgo into executive session fot the 'purPoseotreceiVing legal adVice On the bond requirement for the senior center expansion project as well as legal advice concerning i pending Mi11er Rartchmatters and discussing personnel issues associated with the vacant county. a:iliri:inistrat<5rand facilities management director positions and fmally for the purpose of receiving legal adVice GoncetningtheC\VCB rule making regarding RICD's all of which are appropriate topics for discussion putSuantto C.R.S.24~6--402(4)(b) and(f).Cori11ni~sioner Stone seconded the motion which passed unanimollsly. A:tthecloseofpart ofthediscussion Commissioner Stone moved to adjourn from executive session arid Cothtrtissionet Rtitlyon seriondedtheirtotion which passedtin:animously. .. the Bioa.rd15y.trtotioflfrotriCotntnissioner Stone went back into executive se'ssion for the purpose of . . cel~iIg . legal advice concetfiing !vfilIerRanch matters and discussing personnel issues associated with the Vacant' 'couIityadministtatotand facilities management director positions and for the purpose of discussing other personnel mattets which ate appropriate t6pics for discussion pursuant to CRS 24-6-402 (4)(b) and (f). . CommiSsioner Runyon secorided the motion which passed unanimously. At the close of the discussion COIIlIIlissioner Runyon moved to adjoUtrtfrofil exeeutive session and Commissioner Stone seconded the motion which passed unanimously. L:ortrihissiOrierRtiuyonmovedforthe Boatd of County Commissioners to go back into executive session f6rthepl.1.l:pose ofteceiVing legal advice and discussing persortnel matters associated with the cotntnunication difet:tbfposition which iSanapptdptia:te topic for discussion pursuant to CRS24-6-402(4)( f). Cortltrlissioner Stone se'condedthemotion whichpassed lirtanimously. At the close of the discussion Commissioner Stone moved to adjotirti from executive session and Commissioner Runyon seconded the motion which passed unanimously. CousentAgenda Chairlllan Menconi stated the first item before the Board was the Consent Agenda as follows: A. Approval dfBillPaying for the Week of August 22,2005 (Subject to review by the County Administrator) Mike Roeper, Finance Department B. Public Improvements AgreemetiHortlie Village Walk Project and Associated Building Permits Phillip Bowman, Engineering Resolution Conferring PoWer of Attorney upon Diane H. Mauriello, County Attorney, Walter Mathews, IV, Deputy County Attorney, Bryan R. Treu, Assistant County Attorney and Debbie Faber, Assistant County Attorney, to act as Attorney In Fact for the County of Eagle, State of Colorado, with Respect to I 8/23/05 Letter of Credit No. 4750177003 in the Amount of$1,630,164.72 for the Account ofWarIler Developtnents,.I11c. DraWn on Alpine Bank and Expiring on August 24,2005 Attorney's Office Representative D. Resolution. 2005-108 Authorizing the Distribution ofl\1onies from the School District Land Dedication Fund to Eagle County School District RE-50-J TreaSurer's Office Representative Eo Agreement between HolyCross Energy and Eagle County to apprdve Underground Right-of-Way Easement fot Miller Ranch Childcare and Community Center Recreational Parcel, Refund of Cons1:riictidn Deposit, WO#18064...01 Jason Hasenbetg, Facilities Management F. lriiergoVer:mhehtal Agreement between Eagle County and West Grand School District I-JT Teak Simonton, Clerk & Recorder's Office Cl1ai:itria'tl MencOtii asked the Attotney's bffice if there were any changes to the Consent Agenda. DimreMautiello,CoU11tyAttomey asked that Item C be ptilled. Cotritnissioner Stone moved to approve the Consent Agenda Itetns A-F, excluding Item C. Commissioner Runyon seconded the motion. The vote was declared unanimous. Planning and Land Use Resolution Consent Agenda Clifford Simonton, Commtinity Development There are fro Resoltitions for the Bdard's consideration this week. MlJiot SubdlvislooPlat Signing Clifford Simonton,. Community Development A. 5MB-00313, Lot 9, Block15 of the Homestead -Filing No.2. A Minor Type B Subdivision to subdivide art existing duplex structl.lre down the party wall, bisecting each half of the duplex unit and the attendant Lot 9, Block 15, Filing 2 of the Homestead Subdivision into two Yz duplex lots, Lots 9N and 9S respectivelY. Mr. Simonton presented the file to the Board. He stated that all findings were positive and staff rec6ri1:rhetided approval. CommiSsiortefRtinyon moved to approve 5MB-00373, Lot 9, Block 15 of the Homestead --- Filing No. 2 and authorize the Chairfilan to sign the plat. Commissioner Stone seconded the motion. ,The vote was declared unanimous. Commissioner Stone moved to adjourn as the Board of County Commissioners and re-convene as the Board of the Eagle County Ail' Terminal Corporation COlnmissioner Runyon seconded the motion. The vote was declared unanimous. 2 8/23/05 Eagle COlinty Air Terminal Corporation Meeting Attorney's Office Representative 1. Approval of minutes of JUly 26, 2005 meeting Coffiinissioner Runyon movedto approve the minutes of July 26, 2005 meeting. Cotnmissioner Stone seconded the motion. The vote was declared unanimous. 2. Cori~id.eration of First Amendment to Agreement for Operation of Retail Concession between Eagle County Air Terminal Corporation and Richard H. Cashman (West Space) 3. ConsirlefaJion.ofFirstNnendment to Agreement for Operation of Retail Concession between Eagle CoutityAir Tetmimll Corporation and Richard H. Cashman (East Space) Diane MaUtieiIo, County Attorney presented the agreement to the Board. She stated that Mr. Cashman is. a tehantlltthe terminal building presently and has retail space behind security whefe he sells itemS such as magazines and candy. ThepufpoSeofthe tWo First Amendments is to extend the agreement for a one year period, which will expifeNdvemberl,2006. Coh1J:hissidnefStdrte moved to approve both First Amendments to the Agreements for Operation ofR.etail C6rtcession between Eagle County Air Terminal Corporation and Richard H. Cashman (West & East Space). .Mike Roeper seconded the motion. The vote was declared Unanimous. Coffiinissionet Runyon opted not to second the motion do to a conflict. of interest. C6:rflh'rissionef Stone moved to adjourn as the Eagle Cdunty Air Terminal and re-convene as the Board of County Commissioners. CointnissionerRtinyon seconded the motion. the vote was declared tirtanimous. Srgningo{ the Absttact of AsseSsment }oyceMack, Assessor's Office Joyce Mackpresehted the file to the Board. Ms. Mack read from statute CRS 39-5-123, Abstract of Asse'sSmeht of Amended Absttact of Assessment.. She stated the grand total to be $2,373,551,350. Coffiinissiortet Rl1nyon moved to approve the signing of the Abstract of Assessment. Commissioner Stone seconded the motion. The vote was declared unanimous. A.bateIi1ent....Heatifig~s Assessor's Office Representative 1. Schedule No. R006444 Current Lodging Corp. d/b/a Turntable Restaurant Ruth BerglUnd presented the file to the Board. Ms. Berglund stated that the original value was based on market income data. The petitioners submitted actual contract information and the result did not support the current value. The value was adjusted and the Assessor's office recommended abatement for 2003 in the amount of $5157.42 and for the tax year 2004 the amount of$5154.1O. . Commissioner StOne moved that the Petition of Contract Lodging Corp. for Abatement/Refund of taxes for . chedule No. R0064444 be approved for the tax years 2003 and 2004 in the amounts and for the reasons set forth in the Assessor's recommendation. Commissioner Runyon seconded the motion. The vote was declared unanimous. 3 8/23/05 Vail Valley JetCefitet Paul GordOn, Ptesident,VailValley Jet Center Paul Gordon presented the proposal to the Board. He explained the proposed development for the 6 acre parceLof1and and expressed a desire to get approval for a 28,000 square foot hanger and the immediate ramp space associated with it. His presentation include paper diagrams that illustrated the layout of the Jet Center, the proposed 4 acre parcel, existing 6 acre parcel, futl.lre hangars and the proposed 38,000 square foot and 12,000 square foot ramps. He stated that they had received FAA and fire department approval and would like to begin development this fall. He estimated the hangar cost alone to be 2.4 Million dollars. Commissioner Runyon asked why out of the 4 possible sites, they chose the one they did and not the dne heat tlle exiSting building. Mt.Gordon stated thatthe hafigarwas already attached to fhe ramp and there were elevation and drainage issl.lesWith the others. Commissioner Runyon asked about the cutrent extent of paving and what they were proposing to do in 1006; Mr. Gordon. showed diagtamsof the proposed complex and explained their intention to master plan ahead t6 saVe money d6Wn the toad in utilities for the site. Commissioner Stone asked Mr. Gordon if he expected an approval on the 4 acre parcel that day. Mr. Gordon stated that he wduld like an approval for hangar and the phase 1 ramp associated with it. Cdlfunissioner Stone asked Jim Allen to define ramp space, apron and the current project. Mr. Allen defined apron. He explained their intent to build additional ramp space if they were leased the 4 acfepafceLMr. Allen stated that the ramp would be built at their expense because there is no money in the Cdllll'ty;s capital budgefto dO so. comft:iiSsi'dner Stone stated that it woulan't be appropriate to ask the Board to approve a project without fesearching.all proposalsnrst. He believes the Board owes a decision for the building on the 6 acre parcel that they arecurrerltly leasing, buUt would be premature to jUlllp ahead. Chairman Menc6fi:i sfatedthat Commissioner Stone was speaking for himself. He clarified the proposal a:trdasked that Mr. Gordon finish his presentation in regards to the building and the hangar. Mr. Gordoi1 continued his presentation. lIe explained the cost benefits of planning ahead and the need for auditiomll ramp space. He stated that there would be a significant amount of grading needed, leading to an excess amoutltof dirt and no where to put it. Commissioner Runyon asked ifthey needed the 4 acre parcel for the dirt. Mr. Gordon stated there Would be a significant savings if the utilities Were put in at the same time in prepatationfot the 4 hanger complex and there would be a lot of dirt work needed on both sides. Commissioner Stone asked if they could build the ramp without the 4 acres and why they were interested in leasing inore land that is not needed at this time. Mt. Allen stated they Wefe trying to stay ahead of demand and there wasn't enough room for the propoSed tamp withotit the additional property. Mr. Gordon stated that the ramp extension would accommodate additional aircraft ultimately bring in revenue fdr Eagle County. Chairman Mencdhi asked if Community Development had given an approval. Brian Treu, Deputy County Attorney stated that they did have staff approval ofthe requirements for the proposed hangar on the 6 acre parcel. He also.stated there was a memo from Engineering stating their concerns. Chairtnan Menconi asked Phillip Bowman to come down and explain the report from Engineering. Mr. Bowman, Engineering stated that the Master Plan served as guidance but was not an official documefit. Engineering did look at the grading plan, but had not seen a utility plan. Chairman Menconi asked Mr. Treu what additional conditions if any would be needed. Mr. Treu stated that the motion he had drawn up included all the needed conditions. Mr. Bowman stated his concern for the Cooley Mesa road alignment and his report was based on Cooley Mesa road not being realigned. Chairman Menconi asked if the 6 acre parcel would affect Cooley Mesa road. Mr. Bowman stated that the 6 acre and 4 acre parcel would not affect the road alignment. Chairman Menconi asked Ovid Siefers, Airport Facilities Manager to answer a few questions. 4 8/23/05 Mt. ยท Sieferspassed out a graph that showed the existing alignment of Cooley Mesa road and explained that there would belittle room for a hangar with its existing alignment. He explained the expense and impact to the area if the road were realigned. Chairman MencOfii asked his thoughts and recommendations with regards to the 4 acre parcel. Mr. Siefers expressed his support. He stated that during the holidays the ramp is very cramped, if there were astofin nothing could move. He felt there was a need for those 12 or so holidays Chaifnlan Menconi asked NIr. Siefers if any businesses had been turned away that could have been accorfunodated. Mr.Siefers stated th<itifthe expansion does not take place, there would be people turned away without question. ChaIrman Menconi asked the applicant if they would be willing to hold off on the hangar developmetIt Mr. GOfdon expressed a desire to get started and would like to get approval on the hangar andfamp irfunediate1y. Comniissioner Stone asked the applicants if they understood his disapproval. He stated that the Board needed to go through the right process to arrive at the right decision. He would like the Board to research and look at other options and alternatives. He Would like to hear all perspectives before making any decisions. CoiIDI1issioner Runyon qtiestioned the (old) Master Plan and asked if Cooley Mesa could be moved. Helen Migchelbrink, Engineering stated that there had been discussions and the Board felt that it wotildnot .be cost efficient to do so. cotrtn1issioner Stone explained his c()ncerIl for the cost of moving Cooley Mesa road and the fill dirt that would be neededfO do so. Coiltrhissioner Runyon stated that he was 90.% in favor of what the applicant was proposing for the 4 acres. Chairman Menconi stated the need for a more fofinalized staff discussion. He asked that the disctission continue Within the next 60 days. COri1:rhiSSioner Stone stated he would like to see more optidns presented to the Board. Chairman Mencortiaskedabout the deicing and the regulations for de-icing. Mr.Seifets stated the regulations were confined to openand drinking water sources and were expanding to lcIilde grol1hd soilcontathination. Mr.GordoI1 expressed their cOncern for de-icing and stated that they would be willing to build artd maintain a de"icing facility. Chairman Mertconi requested a futl.lre de-icing plan. Cotfutiissioi1etStone moved to approve the Hangar Construction proposed by the Vail Valley Jet Center on the expansion pafcel subject to the folloWing conditions: . 1. that Cohstrllctioncori1:rhence not later than April 30, 2006 with a minimum constrllction cost of one million dollars ($1,000,000.00). 2. that prior to development, any and all FAA permits and approvals, toWn. of Gypsum 1041 petmits and building petmits,and other requisite pefinits required for this constructiort be obtained and copies delivered to Eagle County. 3. That the Strllctute complies with the minimum setbacks, height restrictions, and other applicable construction standards as set forth in the Eagle County Regidnal Airport PUD, tn1nimum startdards and requirements for the provision of commercial aeronautical services, and the Eagle County Regional Airport Rtilesand Regulations. 4. That all material representations made by the requesting patty in Submitted materials and in public meetings shall be adhered to and considered cdnditions of approval unless otherwise amended by other conditions. COfumissioner Runyon seconded the motion. The vote was declared unanimouS. 5 8/23/05 Planning Files AFP..00211Ilardscrabble Creek Subdivision - Lilienthal Parcel Joe Forinash, Planner (30 Minutes) ACTION: Amended Final Plat which would remove a plat restriction designating this parcel as "park and open space" and allow single family residential USe. LOCATION: Park and Recreation Parcel, Hardscrabble Creek Subdivision (231 Yale CoUrt) TIThE: FILE:NO./PROCESS: LOCATION: OWNER: APPLICANT: REPRESENTATIVE: Hardscrabble Creek Subdivision - Park and Recreation P~lrcel AFP-00211/ Amended Final Plat Hardscrabble Creek Subdivision (east of Valley Road, south of Gypsum) Jack Lilienthal Jack Lilienthal Knight Planning Services, I11c. (Temlll<night, Tom Boni) STAW.ItECOMMENDATION: Approval PROJECT DEScRIPTION . StJMMARY:Anamended final phit which wouldrettlove a plat restriction desigrtatihgthis parcel as "park aiid open space" and allowsingle family residential use. CHRONOLOGY: 1981 - The Board of County Commissioners approved the Final Plat for the Hardscrabble Creek Subdivision, which inc1uded28 single family residential lots and a Park and Recreation Area. The requirements ofthe Subdivision Improvements Agreement Were not fulfilled by the Developer. 199i .....Tlie Board of County Connnissioners approved the Coyote Subdivision, which re-subdivided tots 1 tlirotigh20 of the Hardscrabble Creek Subdivision. This Park and Recreation Parcel waS not included in the Coyote Subdivision. In connectiOn Withthere-subdiVision, certain of the public rights-of-way internal to the Hardscrabble Creek Subdivision were vacated, including Amherst Road (north of and adjacent to the subject parcel), Wesleyan Road (east of and adjacent to the subject parcel), Harvard Court and Access Road. (Board Resolution 91- 105) 199"7-EagleCoUi1ty PlanniilgStaffreceived from Patil Carey Galligan (Galligan Development Co., Inc.), the developerofthe original Hardscrabble Creek Subdivision in 1981, an application for a Type B Minor SubdiVisioh tha:twould have removed the use restriction from this Park and Recreation Parcel and subdivideditmto two single family residential lots. 111 June 1998, this application was "withdrawn" by Planning Statfbased on a Board policy of not accepting applications which propose to develop platted open space lots. 1998 - Eagle Cdunty Planning Staff received from Paul Carey Galligan (Galligan Development Co., Inc.), another similar application for a Type B Minor Subdivision that would have removed from this Park and Recreation Parcel the use restriction and subdiVided it into two single family residential lots. 111 December 1998, Planning Staff notified the Applicant that Staff was unable to process the application due to Board policy. 6 8/23/05 1999 - F ollMving an Appeal of a Staff Determination that the August 1998 application to amend a final plat to permit residential uses on a previously platted park and recreation parcel could not be accepted by Staff for processing, the Board of County Commissioners determined, without ruling on the merits of the situatioh, that Staff could accept such an application. (Board Resolution 99-017) 200t-An application for an amended final plat (File No. AFP-(0124) was received from Jack Lilienthal for the purpose of removing the park and recreation restriction on the parcel so that it could be used for residential purposes. After Staff reviewed the plat and provided comments to the Applicant, a revised plat was not submitted ahd the application was dormant until 2005, at which time the current application was received (File No. AFP..0021 1). File No. AFP-00124 was closed. 2004 ~ A portion of the Coyote Subdivision was annexed into the Town of Gypsum and re-subdivided ihtb the Hardsctabble Ranch Subdivision, including two Open Space Tracts totaling 10.509 acres. SITEj:JAtA: Surrounding Lalld Uses I Zohing: East: West: North: South: Residential/Rural Residential Residential. / Rtifal ReSidential Residential/Rural Residential Residential/Rural Residential Existing Zoning: Dwelling Units: Total Atea: Acces"s: Rural Residential 1 6.464 acreS Yale Court STAFF REPORT STAFF~INDINGS:PursuaIitto Section5-290.G.3 of the Eagle County Land Use Regulations, the Community DevelopmentDirector has made the following findings: STANDAlU>: Adjai:elitJ'topefty. [Section 5-290.G.3.a.] -- Review of the Amended Final Plat to determine if the ptoposed amendment adversely affects adjacent propetty oWners. 'rhefol1oW1rig adjacentproperty oWtietshave been notified: William, Wilma; Bart & Mary Ewing; Josh Fitzsimmons/Sara Brook, JamesA Fitzsimmons Trust; Donald W. & Gail E. Eaton; William P. & Rtith E. Moran. No letters have been received by the Community Development Department. [+] FINDING: Adjacent Property. [Section 5-290.G.3a.] The Amended FinalPlat DOES NOT adversel affect ad'acent owners. StANDARD: Final Plat Consistency [Section 5-290.G.3.b.] ~ Review of the Amended Final Plat to determine thatlheprbpbsed dmendmentis not inconsistent with the intent of the Final Plat. Most of the area included on the original plat for Hardscrabble Creek Subdivision has been re-subdivided into the Coyote Subdivision and, more recently, the Hardscrabble Ranch Subdivision. The remaining portions of the original Hardscrabble Creek Subdivision are some distance removed from this parcel which was designated as a "park ahd recreation" area on the initial plat. The park and recreation parcel has been held privately and was never conveyed to a homeOWners association or similar entity. While the initial intent indicated on the final plat for the -~ardscrabble Creek Subdivision was for this parcel to be used for park and recreation uses, the subsequent reO. obdivision of the subdiVision largely negates the initial intent. [+] FINDING: Pinal Plat Consistency [Section 5-290.GJ.b.] 7 8/23/05 I The"prl:lfJ(jsed atnendment IS consistent with the intent of the Final Plat. SfANDARi:>: Conformance with Final Plat Requirements [Section 5~290.G.3 .c.] - Review of the Amended Final Pldttbdetermine iftheptopbsed amendment cOilforms to the Final Plat requirements and other applicable . regulations, policies and guidelines. StANDAR:I>: ImptiJvtments Agreement [Section 5-290.G.3.d.] ~Adequacy of the proposed improvements agreements dnd/or off-site road improvements agreement when applicable. [+] FINDING: Improvements Agreement [Section 5-290.G.3.d.] . Anlilf rovements Agreement IS NOTapplicable. SfANbAlID: Restr'dive Plllt Note Alteration [Section S-290.G.3.e.] - If the amendment is an alteration of a restrictive plat note at least bne ofthefallowing criteria must he met: (1) That area fat which the amendment is requested has changed or is changing to sllch a degree that it is in the public interest to encourage a new use or density in the area; br (2) That the proposed amendment is necessary in order to provide landfor a demonstrated community need. ~ As noted previOusly, most oftheatea included on the original plat for Hardscrabble Creek Subdivision Bas heen re~subdivided into the Coyote Subdivision and, more recently, the Hardscrabble Ranch Subdivision. The remaining portions of the original Hardscrabble Creek SubdivisiOh are some distance removed from this parcel which was designated as a "park and recreation" area on the initial plat 'the park and recreation parcel has been held privately and was never conveyed toa homeoWners association or similar entity. While the initial intent indicated6n the final plat for the Hardscrabble Creek. Consequently, the area for which the amendtnent is requested has changed or is changing to such a degree that itis in the public interest to encourage a neW uSe or density in the area. . H FINDING: Restrictive Plat Note Alteration [Section 5-290.G.3.e.] this ahlendmentIS an alteration of a restrictive plat note, but at least one of the required .. .criteriallAyE beertrrtet. filSCtJSSION: Mr.. Forinash presented aPowerPoint presentation. Mr. Forinash explained the history of the property and theapplicartt'stequest to remove aplat restriction designating the parcel as park and open space to allow a single farrtilytesidential unit. The presentation included maps from 1981, 1991 and 2005 of the Hardscrabble Creek stibdhrisi()rtartd surtouriding subdivisions. Cofi1trtissioner Rurfyon asked Mr. Forinash ifthe new open space was in what used to be tract 100 and Was originafly goingto be a residential lot. Chaifinan Menconi asked about the 1991 map and what would be happening to the area to the left of the Hardscrabble subdivision. Mr. Forinash explained that the area was part of the Hardscrabble subdivision and that there were three subdivisions in the area all of similar in lot size. CommissionetRunyon asked why the open space wasn't included when the parcel was resubdivided in the 1991. Tom Boni, Knight planning services, representing the applicant explained that there were two different ownerships and a lack of coordination at the time. He stated that they had approached the Town of Gypsum and the Town would issue a water permit provided there were stipulations. 8 8/23/05 MLForinash presented the staff findings and that recommended approval. He stated that the notary for the signature on the certificate of dedication of oWnership did not apply the seal to the notary stamp. He suggested that this be acOrtdition for approval. Commissioner Runyon questioned the vicinity map. ML Boni explained the history of the property and that the previous developer did not follow through with theirintentionsand the bank foreclosed on the property. The 35 acre parcels were then sold and resubdivided. Since 1991 the Water sittiationhas been a patch work. The comer of the property did not pfoVide good water flow, siilce then the town had upgraded the area and the applicant has agreed to pay his prorated share for those improvements. Chairman Menconi opened public comment. There was none. He closed public comment. GommissionetRunyOh asked the applicant ifhe was aware ofthe property's restrictions at the time he purchased. JackLllieilthal, applicant stated that he was not unaware of the restriction. . Chairman Menconi requested clarificatidn. He asked if the Hardscrabble Creek subdivision was part of the Hardscrabble Ranch subdivision. Mf. Bonistated it was not. Chairman Mencoriiasked ifan approval were given, what exactly woilld the.approvalallow. Mr. Forinash stated that if there were an approval it would allow for a single family dwelling to be built. Chaihtlan Menconi asked Mr. Lilienthal his intentions for the property. Mr. tilientha,lstated his intent to build a single family dwelling. Go:rnfuiSsi6net Rtnlyon moved to approve File No. AFP-002ll, incorporating the Staff findings, and atithorize the Chairman to sign the plat with the condition that the notary seal being secured as part of the requirement Chairman Menconi seconded the motion. CommissionetStorie explamed the need for more park and recreational areas. Commissioner Rtnlyon stated that he agreed With Cdmmissioner Stone cori1:rhents referencing the need for open space. His decision waS based on the large lot size. Chairman Menconi qtiestioned the open space in the surrounding subdiVisions. Mr. Bdhistated the lot sizes were large and therewasn't any open space provided. Of the two voting Commissioners, the vote was declared unanimous. There.being no further business before umed until August 30,2005. -< Attest Clerk to the Boa iij 9 8/23/05