HomeMy WebLinkAboutMinutes 10/09/07
PUBLIC HEARING
October 9, 2007
Present:
ArnMenconi
Sara Fisher
Peter Runyon
Bruce Baumgartner
Robert Morris
Pat Magdziuk
Kathy Scriver
Chairman
Commissioner
Commissioner
County Manager
Deputy County Attorney
Deputy Clerk to the Board
Deputy Clerkto the Board
This being a scheduled Public Hearing, the following items were 'presented to the Board of County
Commissioners for their consideration:
Executive Session
It was moved, seconded and unanimously agreed to go into Executive Session for the purpose of receiving
legal advice on and negotiation strategy regarding the Gates Ranch which is an appropriate topic for discussion
p~uant to C.R.S. 24-6-402(4)(e) Colorado Revised Statutes. It was moved, seconded, and unanimously agreed to
adjourn from Executive Session.
Special Recognition Eagle County's Got Talent Volunteers
Kate Forinash, Health & Human Services
Chairman Menconi stated that Eagle County's Got Talent was started by Kathy Dunn Lewis and Cheryl
Thomas. The performance was on September 28, 2007. Bright Start was the beneficiary of the event. He stated
that this is an important topic to his heart helping to fund the outreach programs for early childhood development.
This was a great opportunity for these individuals to showcase thcir talents.
Commissioner Fisher thanked aU the participants for making the perfonnance happen. She commended the
host John Lewis and stated that it was a great opportunity. She hopes that it is the fIrst of ongoing events.
Commissioner Runyon added his thanks and stated that it's an extension of the American idol phenomenon
that has swept the country. He thanked Mr. Lewis for his participation and commended him for his many talents.
Ms. Forinash stated that the show was the brainchild of Kathy Dunn Lewis. She estimated 150-200
attendees. The. event raised community awareness of theneoos of young children and their families. She presented
certificates of appreciation to Josh Stowell, Scott Fifield, 10hn Lewis, Cheryl Thomas and Kathy Dunn Lewis.
Ms. Thomas stated that the end result met the goal of community awareness to Bright Start and other
organization related to Bright Start. They expect a bigger and better success next year.
Chairman Menconi thanked Ms. Forinash for her hard work and personal contribution to Bright Start.
Ms. Forinash thariked Lachie Thomas for his design on the posters and programs.
Consent Agenda
Chairman Menconi stated the ftrSt item before the Board was the Consent Agenda as follows:
A. Approval of bill paying for the week of October 8, 2007 (subject to review by the Finance Director)
Finance Department Representative
B. Approval of the minutes of the Eagle County Board of Commissioners meeting for September 11, 2007
Teak Simonton, Clerk & Recorder
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C. Memorandum of Understanding between the State of Colorado Department of Human Services and Eagle
County for implementation of the Colorado Works Program and the Child Care Assistance Program
Kate Forinash, Health & Human Services
D. Agreement between Eagle County and Spanish Peaks Mental Health Center for Day Treatment Services
Kate Forinash, Health & Human Services
E. Agreementbetween Eagle County and Early Childhood Partners for Early Care and Learning
Quality Improvement Services
Kate Forinash, Health & Human Services
G. Gatekeeper Software Maintenance A~ment for the operation of Commercial Vehicle Management
System
Airport R~resentative
H. Ratification of Frequency Reconfiguration Agreement with Nextel West Corporation and the
Reconfiguration Implementation Phase Agreement with Motorola
Attorney's Office Representative
I. Minor T~ B Subdivision Berry Creek Ranch Filing No.1, are-subdivision of Lot 10, (Eagle County File
No. SMB-00428)
Bob Narracci, Community Development
Chairman Menconi 'asked the Attorney's Office. if there were any changes to the Consent Agenda.
( Bob Morris, Deputy County Attorney had no comment.
Chairman Menconi stated that the agreement for ItcmF had not been received so the item would be pulled
from the consent agenda.
Commissioner Fisher moved to approve the Consent Agenda, Items A-E and G-H, excluding Item F.
. Commissioner Runyon seconded the motion. The vote was declared unanimous.
Citizen Input
There was none
Commissioner Fisher moved to adjourn as the Board of County Commissioners and re-convene as the
Eagle County Liquor Licensing Authority.
Commissioner Runyon seconded the motion. The vote was declared unanimous.
Eagle County Liquor License Authority
Kathy Scriver, Clerk and Recorder's Office
Consent Agenda
A. Eagle Valley Charitable Fund
This is a request for a Speeial Events Permit. Eagle Valley Charitable Fund will be hosting the Genelin
Family Benefit October 27,2007 at the Eagle River c;f(lnter from 12:00 p.m. to 12:00 a.m. All fees have
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been paid, and no protests have been filed. Staff has had no problems with events held by this applicant in
the past.
B. BeaYer Creek Food Serviees, Ine. d/b/a Toseanini
This is a request to modify its licensed premises. The modification will NOT affect the licensed premises
boundaries. All the necessary fees have been paid and the required documentation provided.
Laurie Asmussen was present and spolce about the GenelinFamily fundraiser. She stated that the Genelins
have been residents of Eagle County over 20 years and recently Laura was diagnosed with stage four colon cancer.
The event will raise money for treatment and help her husband and children. The event will go from 3:00-9:00 p.m.
There will be 3 bands and activities for children... Several restaurants will be providing the food . and they would like
to server wine and beer. Lone Star security will be providing security and only TIPS certified servers will be
serving the alcohol.
Commissioner Runyon moved that the Board approve the Liquor Consent Agenda for October 9,2007, .
consisting ofItems A-B.
Commissioner Fisher seconded the motion. The vote was declared unanimous.
Commissioner Runyon moved to adjourn as the ~gle County Liquor Licensing Authority and re-convene
as the Board of County Commissioners.
Commissioner Fisher seconded the motion. The vote was declared unanimous.
Final Settlement of Agreement between Eagle County and GMCO LLC of Colorado
for chip .seal project
County Attorney's Office Representative
Mr. Morris Stated that he did not have anything to add. The item has met with the approval of the
Attorney's Office.
Conunissioner Fisher moved that the Board approve the Final Settlement of Agreement between Eagle
County and GMCO LLC of Colorado for chip seal project.
Commissioner Runyon seconded the motion. The vote was declared unanimous.
Final Settlement of Agreement between Eagle County and Hammond Custom
Builders for Maintenance Service Center Fleet Remodel
County Attorney's Office Representative
Mr. Morris stated that he did not have anything to add.
Commissioner Fisher moved that the Board approve the Final Settlement of Agreement between Eagle
County and Hammond Custom Builders for Maintenance Service Center Fleet Remodel.
Commissioner Runyon seconded the motion. The vote was declared unanimous.
Commissioner Runyon wondered why the items were not part of the consent agenda.
Mr. Baumgartner stated that it is a statutory requirement that contracts be advertised and objectors have the
right to come before the board.
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Commissioner Fisher moved that the board go into Executive Session for the purpose of discussing
negotiations with the Denver Water Board, which is an appropriate topic for discussion pursuit C.R.S. 24-6-402 (4).
subsection (e).
Commissioner Runyon seconded the motion. The vote was declared unanimous.
Abatement Bearings
County Attorney's Office Representative
Petitioner
US Bancorp Equip. Finance Inc.
Sterling National Bank
Vail Iriternational Condo. Assoc.
Peter Hatzenbeller,Jr.
Rocky Mtn. Water SkiClub
Sehedule No.
P023787
P029614
R009234
R055710
R058850
Christina Hooper, Assistant County Attorney stated that Lee Martens and Ed Smith from the Assessor's
office were present for the abatement hearings. She stated that there were 4 recommendations for approval and 1
for denial.
Commissioner Runyon moved that the Petitions for Abatem<.mt/Refund of Taxes for the following
individuals and Schedule Numbers be approved for the tax years, in the amounts, and for the reasons as set forth in
the Assessor's recommendation sheets, such recommendations being incorporated into this hearing by reference:
Petitioner Name
Vail International Condo Association
Rocky Mountain Water Ski Club.
US Bancorp Equipment Finance, Iric.
Sterling National Bank
Schedule No~
R009234
R058850
P023787
P029614
Commissioner Fisher seconded the motion. The vote was declared unanimous.
Mr. Smith stated the next petitioner asked for agricultural classification. Irispections to the property
showed no agricultural use.
Commissioner Runyon stated the petitioner stated the property was being used to raise. horses.
Lee Martens, Eagle County Appraiser stated that having horses for pleasure is not considered an
agricultural use. Upon inspection of the site, he witnessed no animals on the property.
Mr. Smith stated that Mr. Hatzenbeller might pursue this denial through the board of assessment appeals
Commissioner Fisher asked the location of the property.
Mr. Martens stated that the property was located south of the airport between Spring Creek road and
Buckhorn.
Commissioner Fisher moved that the petitions for Abatement/refund of Taxes for the following individuals
and Schedule Numbers be denied for the tax years and for the reasons as set forth ill the Assessor's
recommendation sheets, such recommendations being incorporated into this hearing by reference:
Petitioner Name
Peter Hatzenbeller, Jr.
Schedule No.
R055710
Commissioner Runyon seconded the motion. The vote was declared unanimous.
Planning Files
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LUR-0075 - LandscaDine: Storae:e Yard
Adam Palmer, Planning Department
ACTION:
Proposed for amendment to the Eagle County Land Use Regulations is the inclusion of a use definition and
standards for a Landscaping Storage Yard which is currently not allowed in ruraVagriculturaVresidential zone
districts. The amendment would allow for such uses if the standards were met for a special use permit in the
proposed zone districts.
LOCATION: N/A
FILE NO./PROCESS:
APPLICANT:
REPRESENTATIVE:
LUR-0075
Eagle County Department of Community Development
Eagle County Department of Community Development
1. PROJECT DESCRIPTION
A. SUMMARY:
Proposed for amendment to the Eagle County Land Use Regulations is the inclusion of a use deftnition and
standards for a Landscaping Storage Yard which is currently not allowed in ruraVagriculturaVresidentia1 zone
districts. The amendment would allow for such uses if the standards were met for a special use permit in the
proposed zone districts.
The proposal. received approval.by the Eagle County Planning Commission with a vote of ~ on September
19,2007.
The proposal received recommendation for denial by the Roaring Fork Vaney Regional Planning
Commission with a vote of 8-5 September 20, 2007. The following eoncerns were raised:
. Noise, hours of operation
. Potential scale of use
. Potential for uses in inappropriate locations
. 'Industrial' use in residential area
While staff agrees these are valid concerns, we feel that such issues would be adequately addressed
through a special use permit and the proposed standards of compliance.
In Artiele 2, Chapter D, Definitions, the following definitions would be inserted:
LANDSCAPING STORAGE YARD means a parcel of land, or portion thereof, used for the.purpose(s) of
storing landscaping materials, including plants, trees, masonry, dirt, mulch, gravel and equipment necessary
for the landscaping operation,' as well as horticulture or protection of plants within a greenhouse. Any
motorized equipment or machinery is required to be stored entirely within a garage, shed, or other enclosure.
Onsite sales of materials are not allowed
HORTICULTURE means the growing or production for income of fruits, vegetables, flowers and nursery
stock including ornamental plants, trees and/or shrubs.
In Article 3, Chapter D, Zone Distriets, the following. use Standards would be inserted for Landseaping
Storage Yard:
1. Parking. A landscaping storage yard shall demonstrate adequate parking for employees working from the
site. Employee parking shall be behind any structures on site and/or effectively screened. One parking
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space shall be required for each employee. Any mechanical equipment, work vehicles, or machinery stored
on the property would require demonstrated storage space inside a garage, shed, or other enclosure.
2. Signs and Illumination. Signs, illumination, and other outdoor structures advertising the business shall not
be permitted.
3. Patrons. Patrons shall not be served on the premises.
4. Sales. Sales of supplies, services, or products shall not be permitted on the premises.
5. Nuisanee.The landscaping storage yard shall be in compliance with Noise and Vibration Standards
(Section 4-520); Smoke and Particulate Standards (Section 4-530); Heat, Glare, Radiation and Electrical
Interference Standards (Section 4-540); Storage of Hazardous and Non-Hazardous Materials
Standards(Section 4-550) and Water Quality Standards (Section 4-560); and shall not operate or generate
vehicle traffic in such a manner as to create a public nuisance or disturb neighbors. Hours of operation
shall be restricted to daylight orily, and may be. further restricted if necessary.
6. Sereeninglteneing. A fencing and/or landscaping plan is required that demonstrates adequate visual
screening from adjacent properties, applicable view corridors, and/or public roads and rights of way. In
some cases wildlife fencing may be required to prevent deer and elk from causing damage to trees and/or
plants on the property.
7. Wildfire Hazard. In applicable wildfIre hazard areas, building materials and storage of plant and tree
materials shall be in co.mpliance with Section 4-430 Development in Areas Subject to Wildfire Hazard
Areas.
8. Aceess. Legal access shall be established for the operation pursuant to Section 4-620.9. Where required,
an access permit may be necessary for the proposed operation. Road Impact Fees may apply pursuant to
Section 4-710.
9. Special Use Permit. In zone districts or parcels where a Special Use Permit is required, the Special Use
Permit shall be renewed every five years after its issuance to demonstrate compliance with the standards
listed above. The renewal shall be approved by the Director of Community Development. If the special
use permit is not renewed appropriately or compliance with these and other applicable standards is not
clearly demonstrated, it will be terminated and such uses shall cease accordingly.
The following procedures are recommended for inclusion in Table 3-300 of Chapter II. Article 3 Zone Districts for
Landsca1;>ing Storage Yard:
I:
RMF
RSM RSL
RR
AL
AR
RL
R
RP
BC
N
N N
S
S
S
S
S
s
N
*The use would not be inserted into Table 3-320 Commercial and Industrial Zone District Use Table since
Contractor Storage is a listed line item in that table which would cover such landscaping uses within it.
S = Special Use Review LR = Limited Review R = Use by Right N = Not allowed
2. STAFF REPORT
A. REFERRAL RESPONSES:
. Letter from Bill Gibson, Planner, Town of Vail; see attached.
. Phone conversation with Bill Andree of the Colorado Division of Wildlife. His concerns are that
CDOW would not become potentially liable to compensate parcel owners for tree damage that may
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be caused by deer and elk accessirig the property. Since a special use permit would be required, the
fencing requirement could be reviewed on a case by case basis which Bill recommended.
Language to that effect was added to the standards under Screening/fencing.
Referral Agencies: Eagle County Attorney's Office, Eagle County Engineering Department, Eagle
County Department of Environmental Health, Eagle County Assessor's Office, Colorado Department of
Loca1Affairs (Division of Planning), aU private planning frrms in Eagle County, all private engineering and
surveying fmns in Eagle County, all registered design review boards, homeowner associations, and metro
districts in Eagle County; Town of Avon, Town of Eagle, Town of Minturn, To~ of Red Cliff, Town of
Vail, Town of Basalt, and Town of Gypsum.
B. STAFF DISCUSSION:
1. Pursuant to Chapter 1, Eagle County Land Use Regulations Section 1.15.04 Referrals, the
proposed amendments HAVE been referred to the appropriate agencies, including . all towns within
Eagle County, and to the Colorado Division of Local Affairs.
!
2. Pursuant to Chapterl, Eagle County Land Use Regulations Seetion 1.15.05 Public Notiee, Public
notice HAS been given.
3. Pursuant to Chapter 2, Eagle County Land Use Regulations Section ~230.B.2 Text Amendment:
a. The proposed amendments AMEND ONLY THE TEXT of the Eagle County Building
Resolution, and do not amend the Official Zone District Map. No changes to the map are
proposed. ..
b. Precise wording of the proposed changes HAS been provided.
4. Pursuant to Chapter 29 Eagle County Land Use Regulations Seetion ~230.D., Standards for the
revielY of Amendments to the Text of the Land Use Regulations, as applieable:
STANDARD: Consistency with Master Plan. [Section 5-230.D.1.] Whether and the extent to which the
proposed amendment is consistent with the purposes, goals, policies and FLUM (Future Land Use Map) of
the Comprehensive Plan.
b. Commercial development should fit a
regional economic structure that promotes a
coherent regional 'community' while
respecting sub-area . character and identity.
Determine and work to resolve both the unmet commercial
demand and overcapacity of certain commercial types in the
region.
Landscaping storage yards that are currently not allowed in residential zone districts have created an unmet demand
for landscaping and local horticulture needs. While by defmition the use is commercial in nature, a landscaping
storage yard that does not allow onsite sales is a low-impact activity that can be compatible with adjacent rural land
uses when done properly. However, such uses allowed without site-specific review could create compatibility
issues and unwanted impacts and/or proliferation. Since a special use permit would be required for such uses, it is
expected that the potential for such impacts would be reduced or eliminated.
c. Future economic development in Eagle County should center on area's existing amenities, while encouraging
new knowledge and technology based enterprises.
Provide a positive regulatory andtax environment that rewards viable entrepreneurial activity.
Support small business incubator programs in Eagle County.
Encourage home occupation (lone eagle) uses.
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Allowing for landscaping storage yards supports these policies and action items from the Comprehensive Plan.
First, allowing these uses supports viable entrepreneurial activity that is currently unreasonably limited. Also, this
use is more typical of a small business operation and would support local business owners and entrepreneurs. . The
use would also allow for home occupationlbusiness opportunities on a rural property since it may be an accessory
use to a residence on the property or as a stand alone commercial use.
f. Commercial uses should be appropriately scaled and should be located within towns and community centers.
Currently a landscaping storage yard would be allowed in existing commercial and industrial zoned properties, as
well as in existing towns. This amendment would allow a commercial use outside of existing towns and
community centers. . However, staff sees landscape storage yard uses appropriate in fringe districts as a transition
between a town and rural areas, where there is enough lot size to make such a use functional, but still close to other
businesses and services. The use must be appropriately scaled to the site and designed to retain a transitional
ruraVagricu1tural appearance.
[+] FINDING: Consistent with Comprehensive Plan. [Section 5-230.0.1.] The proposed regulation
amendment is in conformance with the Comprehensive Plan
STANDARD: Compatible with sUITounding uses. [Section 5-230.0.2.) 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
theproposed zone district.
. . . .
It is the intent of the proposed regulation amendments that the proposed uses and compliance with the
proposed standards for special use permit approval demonstrate compatibility with surrounding uses and
character. Also, by placing a 5-year lifespan on the special use permit, ifunforeseen issues are raised
during the operation of the landscape storage yard which were not adequately addressed, or the use was
expanded in some manner which was not originally proposed in the special use permit, the permit would
not be renewed and would cease to exist on the property.
[+] FINDING: Compatible withsu"ounding uses. [Section 5-230;D.2.]. As proposed, the
amendment would be compatible with surrounding land uses since demonstration of this
standard would a requirement for special use permit approval.
STANDARD: Public Benefit. [Section 5-230.0.3.] Whether and the extent to which there is a
demonstrated community need or otherwise result in one or more particular public benefits that offset the
impacts .of the proposed use.
There is an ongoing need for landscaping services, as well as landscaping materials and horticulture.
Currently most of the landscaping materials used in Eagle County are imported from elsewhere, partly due
to the fact that unreasonable restrictions exist on landscaping storage yard uses. Allowing for such uses
through a special. use permit would allow fora public benefit to be met by using locally grown materials
and/or landscape storage yard uses to support ongoing landscaping demands.
[+) FINDING: Public Benefit. [Section 5-230.0.3.] B There IS demonstrated public benefit.
STANDARD: Change of circumstances. [Section 5-230.D.4.] Does theproposal address or respond to a
beneficial material change that has occurred to the immediate neighborhood or the greater Eagle County
community?
Historically, Contractor Storage Yards were allowed as a use by right in Eagle County. However,
after the proliferation of such uses created numerous conflicts and impacts, the use was removed
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10/09/07
from the land use regulations altogether for residentiaVagricultural zone districts. WhiIethis move
may have been appropriate at the time, the Ulldueside effect was to eliminate less impactful uses
such as landscape storage yards that if allowed through a special use permit, can be controlled in a
manner to eliminate or reduce the potential for negative impacts to adjacent property owners and
the local community.
This combined with the increase in developed properties in Eagle County demonstrate a trend for a
increased ongoing demand that is notable to be met. An resulting consequence of this trend is the
increasing frequency of illegal landscaping . operations which have created a significant burden on
the Environmental Health Code Enforcement staff.
[+] FINDING: Change of circumstances. [Section 5-230.0.5.] The proposed amendment
beneficially addresses a change of circumstances.
STANDARD: Adequate Infrastructure. [Section 5-230.0.5,] Is the property subject to the proposal
served by adequate roads, water, sewer, and other public use facilities?
This standardis not applicable to the proposed amendment.
[n1a] FINDING:Adequate Infrastructure. [Section 5-230.0.5.] This standard is not applicable.
DISCUSSION:
Mr. Palmer presented the file. He presented a letter from Ray Merry who supportedthe,amei1dment. He
reviewed the chronology of land use storage yard regulations and reviewed proposed changes. He presented the
comments from various entities. Mr. Palmer discussed general special use standards. He stated the Eagle River
Planning Commission recommended approval and tile Roaring Fork Planning Commission recommended denial
conditionally.
Commissioner Runyon asked Mr. Palmer to explain the number of dwelling units per acre as allowed under
each use.
Mr. Palmer stated that the limited lot size for rural residential is 2 acres, agricultural limited is 5 acres,
agricultural resource is 10 acres, resource limited is 20 acres,. resource is 35 acres, resource preservation is 35 as
well. In all cases, it's one dwelling unit plus caretaker unit except for resource preservation.
Commissioner Runyon asked Mr. palmer if he had considered not including either rural residential or
agricultural limited. He wondered if the board would be able to disallow an operation on a two-acre parcel. if it was
not compatible with the neighborhood.
Mr. Palmer stated these areas may not entirely be separated from, communities and towns but still retain the
rural character. The board would be allowed to deny an operation if it was not compatible with the neighborhood.
Special use permits would need to be renewed every five years aftertheir issuance to demonstrate compliance.
Commissioner Runyon wondered if he were to buy a two-acre parcel and wanted to supply the local
nurseries,if he would need a special use permit -
Mr. Palmer stated that right now it would not be allowed other than commerCial general for industrial.
Horticultural use is allowed by right. He stated there was an issue with contractor storage yards that were illegal
and the current standards were a conscious decision to limit storage yard requirements. He discussed how these
proposed changes came about. Mr. Merry believes it would reduce some of his code enforcement load by allowing
some of these uses.
Commissioner Runyon stated that it is an imperfect process if approved. He is disinclined to approve this
file at the rural residential and agricultural limited size; he would prefer to start at the 10-acre lot size.
Chairman Menconi asked for public comment.
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10/09/07
Scott Fritzler, owner of American Lawn Care and Irrigation, discussed the reason for spearheading this
request. He stated his reasons for agreement with these changes to the Land Use Regulations. He stated these
proposed regulations open up.a lot more land for this special use.
Chairman Menconi closed public comment.
Commissioner Fisher referred to the increased code enforcementissues and wondered how that load would
change with these proposed changes. She stated that she is not necessarily opposed to this amendment but wonders
what the impact could be on residential neighborhood. She wondered if each storage yard could be looked at
individually.. .
Mr. Palm~r stated that they could look at each appliclU1t individually, He agreed that code enforcement
would still be. an iSsue although he believes this amendment would help.
Chairman Menconi stated this is better that what we currently have. He stated this could.be tabled to allow
Mr. Palmer to incorporate some of the Board's concerns.
Commissioner Runyon stated that he would like to see some zoning removed from the proposed
requirement and perhaps limit the lot s~.
Mr. Palmer responded that his only concern is that someone with resource zoned property and only one
acre would be able to apply for a special use permit.
Commissioner Fisher added that she thought the file needed additional work. She moved to table the file
for further review. \,
Commissioner Runyon seconded the motion.
Chairman Menconi. stated additional work should be done regarding infringement of adjacent property.
Keith Montag asked that a date be set for a further hearing.
The question was called for on the motion. The motion failed by unanimous vote.
Commissioner Fisher moved to table the file to October 23,2007.
Commissioner Runyon. seconded the motion. Due to a conflict of date, Commissioner Runyon withdrew
the second.
Commissioner Fisher amended her motion totable the file until October 30, 2007.
Commi~sioner.Runyon seconded the motion. The vote was declared unanimous.
Commissioner Fisher c1aritie<l her concerns on this file.
Bob Morris, Deputy County Attorney added that the file could sunset a special use permit and this could.be
detailed in the LUR.
Attest:
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