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Minutes 02/12/2002 PUBLIC HEARING FEBRUARY 12,2002 Present: Michael Gallagher Tom Stone T om Moorhead Jack Ingstad Sara J. Fisher Chairman Commissioner County Attorney County Administrator Clerk to the Board Absent: Am Menconi Commissioner This being a scheduled Public Hearing the following items were presented to the Board for their consideration: Consent Agenda Chairman Gallagher welcomed the Seniors joining the hearing this morning. Chairman Gallagher stated the first matter before the Board was the Consent Agenda as follows: A) Approval of bill paying for the week of February 11,2002, subject to review by County Administrator B) Approval of the minutes of the Board of County Commissioners meeting for January 22,2002 C) Resolution 2002-020, order for cancellation of certain uncollectible taxes D) Resolution 2002-021, Final release of collateral and termination ofthe warranty period for Fox Run Meadows E) Agreement between Eagle County and Bums Rodeo Company concerning serving as stock contractor at the County Fair and Rodeo. Chairman Gallagher asked the Attorney's Office if there were any changes to the Consent Agenda. Diane Mauriello, Assistant County Attorney, stated there are no items to be removed. Commissioner Stone moved to approve the Consent Agenda as presented. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Menconi was not present at this hearing. Approval of Settlement Stipulations Diane Mauriello presented the Settlement Stipulations of the Board of Assessment Appeals. She spoke to exhibit A which lists seven properties with newly assessed values. She stated the new values were arrived on and based on comparable sales, inventories as well as physical inspections by the Appraiser's. Chairman Gallagher asked if they can make a motion to approve Exhibit A. Ms. Mauriello answered yes. Commissioner Stone stated that a stipulation is where the County and the property owner have agreed to the values. Commissioner Stone moved to approve the stipulations, as shown on Exhibit A as presented. The owners of the properties are as follows: Jon and Diana Silver 1 02-12-2002 John R. and Karen K. Bergey Laurence C. Hicks Mark E. and Patricia A. Beagley James O. Newman Karl and Nancy Schultz Grouse Valley LLC Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Contract, Golden Eagle Apartments Diane Mauriello presented a contract for the purchase of the Golden Eagle Apartments. She spoke to the agreement before them. She stated the document has been executed by Mr. Christenson with a purchase price of#1.6 million dollars to be paid through a combination of loan assumption and grants. All of the items that were of issue have now been resolved. She stated the Board may want to make the motion contingent upon receipt of a letter from Mr. Christenson, indicating there will be no negotiations during the contingency period, which runs until March 8, 2002. Chairman Gallagher asked if anyone would like to comment. The Seniors indicated they were very pleased and had faith in the Board all along. Ethel Borgan, Eagle County Senior Citizen, stated she wishes that her mother, Lucielle Liber, were here. She started the senior programs in Gypsum, Eagle, Minturn and Burns. She thanked the Commissioners and all of her friends and that they are very very happy today. Chairman Gallagher thanked the Seniors for coming. Commissioner Stone asked Ms. Mauriello to review the details. Ms. Mauriello stated this is for the purchase of the Golden Eagle Apartments at a price of $1.6 million. Earnest money will be funded by the County in the amount of $25,000.00 and the County is applying for grants in the amount of $306,000.00 through the State of Colorado. The County will be assuming the loan balance through the United States Department of Agriculture, Rural Development Arm, in the amount of $1 ,070,000.00, with cash at closing of $198,000.00 Commissioner Stone stated he would like to have the information on the record. He questioned out of pocket, what will be the total from the County. Ms. Mauriello stated approximately $235,000.00, estimating the inspection, closing and such costs of $1 0,000.00, for a total of $235,000.00. Commissioner Stone related it is the Commissioners that are handling this but the Seniors need to thank the taxpayers of Eagle County. He stated he also asked her to review the numbers because he thinks it is important to each of the Commissioners to have a facility where the rates will not increase~ He stated this was a wonderful opportunity and he is glad that the Commissioners were all in agreement to keep senior housing here forever. He thanked them for the cupcakes as well. Commissioner Stone moved to approve the contract for the purchase of the Golden Eagle Apartments with the contingency that they receive a letter from the seller, indicating his willingness to postpone negotiations with any other buyers until a fully executed document. The Chairman shall be authorized to sign the contract. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Resolution 2002-022, First Supplementary Budget Mike Roeper, Finance Director, presented Resolution 2002-022, adopting a first supplementary Budget and appropriation of anticipated revenues for Fiscal Year 2002, and authorizing the transfer of 2 02-12-2002 budgeted and appropriated moneys between various spending agencies. He stated the total amount is $4,007,453.00. He stated there is $892,000.00 in carry overs, a transfer between funds and the new items total approximately $2,165,000.00. He spoke to the salary market adjustment, funding for the Berry Creek 5th project and funding for the assisted living facility. Commissioner Stone stated there is an additional position being funded in the Roaring Fork Valley and the assisted living project. Chairman Gallagher stated that half of the person for Health and Human Services was budgeted. Commissioner Stone moved to approve Resolution 2002-022, adopting a first supplementary Budget and appropriation of anticipated revenues for Fiscal Year 2002, and authorizing the transfer of budgeted and appropriated moneys between various spending agencies. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Plat and Resolution Signing Matt Gennett, Planner, presented the following plats and resolutions for the Board's consideration: 5MB-00290. Berry Creek Ranch. Filing No.4. A Resubdivision of Lot 44. Block 3. A Type B Minor Subdivision, the purpose of which is to create two Yz duplex lots, Lot 44A and Lot 44B, and Lot 44C for the common area surrounding the duplex structure. Staff findings are as follows: Pursuant to Section 5-290 (G) (1) ofthe Eagle County Land Use Regulations: 5-290 (G) (1) Standards for Type A and Type B Subdivision (G) Standards. The Board of County Commissioners and the Community Development Director shall consider the following in the review of a Type A Subdivision, a Type B Subdivision, and an Amended Final Plat. Standards for Type A and Type B Subdivision. a) Access, potable water, and sewage disposal on the land to be subdivided are adequate; b. The plat does conform to Final Plat requirements and other applicable regulations, policies, standards, and guidelines; and c. No Improvement Agreement is applicable. Commissioner Stone moved to approve final plat file number 5MB-00290, Berry Creek Ranch, incorporating staff findings. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. LUR-00037, Land Use Regulation Amendment Keith Montag, Director of Community Development, presented file number LUR-00037, Land Use Regulation Amendment. Chairman Gallagher asked if in fact these regulations have been modified 37 times. Keith Montag, Director of Community Development, responded that was the case. Commissioner Stone asked about the direction for today's meeting. Mr. Montag responded he has a general presentation and will try to hit the highlights of the amendments. Commissioner Stone asked if they might take a poll of the people present today to be sure that those particular items are covered today. He asked the Division of Wildlife what they would like to discuss. The Division of Wildlife indicated they were present for the critter storage, others were present 3 02-12-2002 for tree storage. Pat Tucker, Division of Wildlife, stated they are here more to offer their opinion and answer questions. Mr. Montag stated the Eagle County Land Use Regulations (LUR) consists ofa series of Articles which combine to create a document "to implement the Eagle County Master Plan and to promote the health, safety and general welfare of the present and future residents of and visitors to Eagle County". The LUR's provide, in a single location, those standards and procedures applicable to development and the use of land in the unincorporated areas of the County. The LUR's are organized into seven Articles: 1) General Provisions; 2) Definitions; 3) Zone Districts; 4) Site Development Standards; 5) Administration; 6) Nonconformities and; 7) Enforcement. In addition to the seven Articles, the LUR's also contain six chapters and four appendices. The current LUR's were originally adopted on November 23, 1998 and became effective on January 1, 1999. Although a prodigious amount ofthought and detail went into the LUR's prior to its original adoption, it is necessary from time to time to amend the regulatory language in order to better reflect the original intent; to make the LUR more user friendly; to reconcile unintended discrepancies between sections of the LUR and; to add or subtract regulatory language in order to keep pace with Eagle County's growth. All proposed amendments are presented to the Board with the intent of furthering health, safety and general welfare of Eagle County. Proposed are minor modifications of Articles 1 through 6, as well as, adjustments to Appendix A and Chapter V ofthe Land Use Regulations. Each amendment is anticipated to clarify the intent ofthe Land Use Regulations by reconciling discrepancies between written text and the tables, and to eliminate ambiguities in the intended regulatory outcome. This amendment package proposes changes in the following areas: Chapter 2: Land Use Regulations Article 1: General Provisions Reason for Amendment: To allow site grading to occur prior to Final Plat approval. Due to the relatively short construction season in Eagle County, it would be helpful to allow a developer to begin grading prior to Final Plat. This proposed regulation amendment, would allow early grading to occur only with very specific requirements to bond the restoration of the site should the project not proceed. Grading collatera1ization protects the County from a potential environmental hazard while accommodating the needs of Eagle County's development community. Article 2: Definitions Reason for Amendment: To provide clarification of commonly questioned definitions. Definitions found within these Land Use Regulations require updating in order to better convey the intent of the definition eliminating the possibility of inconsistent interpretation. Additional definitions are also necessary to more clearly interpret the regulations. Article 3- Zone Districts Reason for Amendments: To correct existing errors and omissions in the LUR, as well as, to create standards for Mass Gathering Events and Minor RV Parks. These are items that are either not in the regulations or needed to be modified. With regard to the tree storage proposed, staff is suggesting they accommodate the proposal in the proposal in answer to numerous requests for such a use, by allowing the temporary storage of live plant material only in the agricultural or resource zone district. This would be for those individuals needing to store plant material on a temporary basis. Commissioner Stone stated that this is a fine line. When you look at a tree storage place it does require watering, storage and heavy equipment to move the trees. Mr. Montag stated they will have to define tree storage. He stated this regulation is only for the storage of plant materials. It is similar to an agricultural type use. It is not intended to allow for a landscaping company to operate their business from this site nor for contractors storage. There would 4 02-12-2002 not be employees coming and going from this site and there would not be a lot of storage of heavy equipment. Commissioner Stone spoke to the issue in Wolcott on the eastern end, that he believes was a code compliance issue. He believes they could be developing a code enforcement problem. Mr. Montag spoke to the standards they have developed and what those would be to allow for this type of operation. There would be no retail sales on this property. There would be no advertising and it is limited to the operation of the storage from 8 to 5. There is an element about nuisance and watering. He stated the intent is truly to allow for the storage of trees. He suggested there may be additional criteria as well. Chairman Gallagher suggested the words storage and care would be sufficient. He stated he has comments and asked what constitutes a sale. He asked ifhe picks his tree in Eagle-Vail could he then pick it up in Eagle. Mr. Montag stated the intent is not allow retail sales on this property. The customer would not be traveling to this site. Commissioner Stone stated the problem is intent means nothing. Ms. Mauriello replied she will look at the regulations as drafted and report back to the Board. Commissioner Stone stated whether it is the intention or not, it becomes an issue. Chairman Gallagher questioned the operation and that no heavy equipment is stated but then there is a noise clause. The owner will have to have some heavy equipment on site to do maintenance. He questioned 8 a.m. to 5 p.m. and suggested it might read 8 a.m. to sunset. He stated he is trying to understand the goal. He suggested that they are allowing for extra storage and nothing else. He questioned if the expectation is reasonable. Mr. Montag stated the intent is to try to protect adjacent property owners or neighbors by trying to limit the use. Commissioner Stone asked if this is met to be a use by right. Mr. Montag stated it is a limited review within the resource or agricultural zone districts. lena Skinner, Planner, stated ifthere is an adjacent property owner in opposition oflimited review, it would come before the Board. Commissioner Stone stated then it would be noticed to adjacent property owners. He stated it is not a special use permit. Chairman Gallagher asked if they have consulted with tree storage operators to see what was involved with tree storage. Ms. Skinner stated they have had several meetings with those operations and find this regulation is appropriate. Mr. Montag the spoke to the mass gatherings. Currently, the LUR does not contain general standards for Mass Gathering Events. The proposed amendments will provide applicants for such events with guidance in planning and preparing for appropriate support services. Importantly, it is proposed to allow Mass Gathering Event permits to be evaluated via the Limited Review Process versus the Special Use Process as is currently required. This change of review procedure will cut down the time to obtain such a pennit from approximately three months to three weeks or less. The end result should be that more Mass Gathering Event sponsors will submit to the county's procedures, thereby significantly reducing potential health, safety and welfare concerns which may arise from inappropriately organized events. As always, with Limited Reviews, the applicant may request that the Board review a staff decision or potentially controversial Mass Gathering Event during a public hearing. Accessory Dwelling Units are an allowed use in most residential zone districts per Table 3-300. The language needs to be updated to more accurately reflect the original intended outcome. The proposed amendments with regard to Accessory Dwelling Unit size restrictions is intended to correct existing errors/omissions in the LUR. At present the LUR does not contemplate accommodations for smaller scale RV Parks. Rather, 5 02-12-2002 the L UR anticipates that every R V Park will exceed 5 acres in area and will provide a full range of water and sanitation facilities. The proposed amendments will introduce the ability for Eagle County to accommodate smaller scale RV facilities of less than 5 acres which would be required to provide only the minimum water and sanitation facilities. Language is proposed to formalize the County's ability to obtain an Improvement Location Certificate whenever a structure is proposed to be constructed within 18 inches of a required setback line. Finally, it is proposed to include language which regulates structural setbacks from streams. This language is currently found as a footnote to the LUR's Schedule of Dimensional Limitations thereby making it applicable only to standard zone districts. By duplicating this language under Section 3-340, Zone District Dimensional Limitations, it may be applied to proposed Planned Unit Developments as well. Article 4- Site Development Standards Reason for Amendments: To provide greater consistenl':Y between chapters within the LUR's; to create standards for Wildlife Proof Refuse containment and to clarify timing of Road Impact Fee collection. The Eagle County Engineering Department has set forth mos.; of the changes within Article 4, of Chapter II of the Eagle County Land Use Regulations. The intention with the changes to Landscaping Plan requirements (Sections 4-220 and 4-230), is to make them more consistent with Chapter 5 Regulationsfor Construction in the Right of Way. The changes to the Grading and Erosion Control Standards are being proposed because the current regulations do not refelence any of the UBC grading requirements. The proposed amendments also include standards for Wildlife Proof Refuse containment which would be applied to all new applications for Special Use Permit, Subdivision or Planned Unit Development. He mentioned that the Attorney's Office is working on an appendix regarding the feeding of wildlife. Lastly, language has been added to the section regarding Road Impact Fees which will allow the County to collect fees prior to the commencement of any new traffic generating activity absent the need for a building permit. Currently, a building permit is the 'trigger' requiring the payment of Road Impact Fees. Article 5- Administration Reason for Amendments: To clarify the requirements for published and mailed notice by land use file type; to make clear the findings which must be made for PUD amendm.ents; to provide procedural clarification to aid understanding of the land use procedures. The proposed amendments will make the advertising requirements for all file typ~ more clear, amendments to both the text, and tables were necessary. Other amendments included: Clarification of the Standards for a Minor A subdivision and the reintroduction of the Correction Plat procedure. Article 6: Nonconformities Reason for Amendment: To provide clarification, in easily understood terms, as to what exactly is allowed to occur on lots which do not meet the minimum size requirements. Appendix A: Reason for Amendment: To remedy the problem of incorrectly completed Title Certificates. The current Title Certificate is worded in such a manner that an individual working for a title company could become unnecessarily liable. The proposed change places any liability upon the title company and\not the individual working for the company. Chapter 5: Regulations for Construction in the Public Way of Eagle County Reason for Amendment: To allow greater flexibility in determining what is a public way. By removing the word 'drainage' from easements, it defines any public easement as an Eagle 6 02-12-2002 County public way. Chapter 6: Areas and Activities of State Interest Reason for Amendment: To formalize internal organization responsibilities. The County Engineer has been acting as the Flood Plain Management Administrator since 1996, and this change will formalize that action. Eagle County Planning Commission: The Land Use Regulation Amendment package was reviewed by the ECPC during three separate public hearings. The ECPC helped to refine the proposed language throughout the amendment package but particularly for Mass Gathering Events and for Minor RV Parks. Ultimately, all proposed amendments were unanimously recommended for approval on November 21, 2001. Roaring Fork Valley Regional Planning Commissioner: The Land Use Regulation Amendment package was reviewed by the RFVRPC during two separate public hearings. On November 8, 2001, the Commission unanimously recommended approval of the amendment package with direction to staff to build discretion into the proposed Mass Gathering language. All of the necessary changes to the Mass Gathering Event language have been made. The RFVRPC also recommends that the definition for 'GARAGE' limit total garage square footage to only one-half (Y:z) of the total habitable space located on a lot with the exception of the Resource zone district. Staff recommends that the total amount of allowed garage square footage should not exceed the total square footage of habitable space located on a lot. Mr. Montag stated currently there is no size limitation on garages and they have had some applications come through that are enormous. Commissioner Stone asked what is the issue with having a humongous garage. Mr. Montag spoke to the impact to neighbors and that the garage may turn into more than a garage. Ms. Skinner stated they currently they classify this as a secondary use. Some applications are coming in with a huge gm;age and a tiny home. Mr. Montag stated staff did ask for referral comments from approximately forty referral agencies as shown below: County Engineering Department, County Attorneys Office, County Department of Environmental Health, County Road and Bridge Department, County Sheriff s Office, Board of County Commissioners, Eagle County Planning Commission, Roaring Fork Valley Regional Planning Commission, Colorado State Division of Local Affairs, Colorado Division of Wildlife, Knight Planning Services, Isom and Associates, Braun and Associates, Inc., PJA Land Planning, Vail Resorts, Inc., Cordillera, The Land Studio, Sid Fox and Company, Johnson and Kunkel, Alpine Engineering, Peak Land Surveying, High Country Engineering, Lines in Space, White Surveying, Starbuck Surveying, Benchmark Engineering, Sopris Engineering, Intermountain Engineering, Marcin Engineering, Eagle Valley Surveying, Meyer Land Systems, Town of Avon, Town of Basalt, Town of Eagle, Town of Gypsum, Town of Minturn, Town of Redc1iff, Town of Vail. Responses were received from the following agencies, firms or individuals: Bob Shultz, RFVRPC member memo dated August 15t\ 2001, Knight Planning Services, Inc, letter dated August 30th, 2001, Division of Wildlife, memos dated Sept. 7th, 2001, September 25, 2001 and September 26,2001, Vail Resorts, a memo dated September 10th, 2001 and October 4,2001, P JA Land Planning, a memo dated September 11 th, 2001. A letter of encouragement dated October 5, 2001 was received from Kristine Woodruff (State Bridge) with regard to the proposed Minor RV Park amendment. A letter dated November 26,2001 was received from Glen Ellison of Land Designs by Ellison indicating the need for Eagle County to accommodate landscape contractors in areas other than commercially zoned properties. 7 02-12-2002 Chairman Gallagher asked to move through the changes quickly. He suggested that he learned you do not put regulations into definitions. Ms. Mauriello stated the goal is to try and separate those items, have the definition purely defined as to what an accessory dwelling is. There may be a way to make this flow smoothly in the regulations so that it will not appear in the definition section. Mr. Montag stated they could look at moving that into Chapter 3. Chairman Gallagher stated he also see they have Accessory Building, but they also have accessory dwelling. He suggested they may wish to have separate definitions. He suggested an accessory dwelling does have a life of its own. On page 3, mass gatherings, he asked to add the word reasonable before the word expected. On page 5, at the top of the page, paragraph q, he asked if sludge is limiting them or is there other fertilizer application. Ms. Skinner replied. Chairman Gallagher asked if that is limiting them. Mr. Montag suggested they go with Land Application which leaves it more open. Chairman Gallagher spoke to Accessory Dwelling Units. He stated he wants to talk about the effort they are making to have inclusionary zoning. He questioned building a mansion and not being able to build enough to house the caretakers. He stated he is looking for a better definition of Accessory Dwelling Unit. He would like them to look at this as part of housing for the labor force. Rebecca Leonard, long range planner, stated they are looking at that as part of the inclusionary housing process. Chairman Gallagher stated he would not like to see that a family could not be housed. Commissioner Stone stated the risk they are running is if it is an Accessory Dwelling Unit or a duplex. Ms. Leonard suggested they want to make sure they are not canceling things out. Chairman Gallagher spoke to mass gatherings and who approves the EMS. He stated they also need to have a fire boss approving it so that if they are having a RAVE in the sage brush, will there be a defensible zone. He stated he also believes in the site plan and areas of concern, they need to include the egress, exit, aisles, and design of getting people in and out. On page 8, paragraph e, the applicable emergency medical provider needs to include the ambulance district or applicable fire district. On page 10, paragraph 8, paving mobile home park roads, he questioned if they should be engineered and surfaced. Helen Migche1brink, County Engineer, responded yes. Chairman Gallagher spoke to page 14 and the major RV Parks. He spoke to the permanent occupancy and that it is not allowed, but it is not defined. He asked if in the definitions they would refer the citizen to the regulatory page. On page 15, site improvements, minimum area, it should read "major R V park shall". Commissioner Stone questioned page 15, 6C and it being State Forest Service approved or U.S. Forest Service approved. Mr. Montag stated they will check into that and change the regulations appropriately. Chairman Gallagher spoke to permanent occupancy, and questioned the two different statements and no more than 14 nights. Chairman Gallagher stated there should be the same road specifications on a minor as on a major. On page 22, paragraph 7, he questioned RV parks and Mobile home parks are lumped together. Mr. Montag stated currently they are lumped together. Chairman Gallagher spoke to page 23, and Stream Setbacks, he asked what is a projection. Ms. Skinner stated it is on page 3-55, projections and concerns encroachments on stream set- back lines and there shall be no projections into that. This includes decks, roof overhangs, stairways and fire escapes. 8 02-12-2002 Chairman Gallagher spoke to page 30 and the refuse containers. Ms. Leonard stated in their discussion with the Planning Commission they have concerns about wildlife resistant and wildlife proof containers. She stated she met with the DOW and they have requirements for a wildlife proof refuse container that will be outdoors for standard practice. If you don't want to go to that expense you could have a wildlife resistant that would need to be kept in the house or the garage or some kind of enclosure. Chairman Gallagher spoke to page 32 and asked if they know the flows on unnamed streams. John Vengrin, Engineering Department, stated they wanted to separate in some fashion where the 100 year flood would apply and that any stream named to be significant enough to warrant that requirement. Chairman Gallagher asked if they have checked the standard against reality. Mr. Vengrin stated they made an assumption that if it has a name it is significant. Chairman Gallagher asked why the difference. Mr. Vengrin stated they are trying to protect larger streams and are trying to make a division. Chairman Gallagher asked why they are trying to draw the line. Helen Migchelbrink stated the rational is that it is reasonably more expensive to develop hydraulic structures for areas that are less likely to flood. They realize they have a very high potential for flooding in what they call named stream. She stated they had discussions and felt it prudent to make it less stringent where there is less likelihood of flooding. Chairman Gallagher suggested that this makes sense but would like to see something backing up the assumptions. Mr. Vengrin stated any body of water has the potential for flooding and that is why they have the 100 year maps. What they are trying to do is present a regulation that an engineer could use from his office to determine a standard. Rather than go through the County and make a list of streams that needed to have 100 year flood designation. He stated they made an arbitrary assumption that if it has a name it is within the 100 year flood plain. Chairman Gallagher stated that is a good effort, but he would like have something that makes sense, whether they have a name or do not. Ms. Migchelbrink stated they will work on that and will come up with a better solution. Chairman Gallagher moved to page 42 and read from #2. He asked ifthey should add the phrase "beyond existing capacity" after the word increase. He suggested the fact that it increases it does not mean it is beyond capacity. Ms. Skinner replied this standard for was subdivision exemptions. If pre-existing, the applicant would .not have to go through an costly engineering process. Chairman Gallagher stated if an old subdivision puts in an apartment over the barn, that is increasing it but not necessarily over the capacity. Mr. Montag concurred and stated they will work on it. Commissioner Stone asked how do you define capacity to what standards. If he is the owner and doesn't want to do anything he could say that he is the owner and the addition would not put it over the capacity. Mr. Vengrin stated they are trying to make it easier for somebody to go through the subdivision exemption process. He stated they are allowing someone to be exempt from the standards until such time they modify the property. Chairman Gallagher stated what do they do if in fact it can handle one more dwelling unit. Mr. Vengrin stated they would look at that. Chairman Gallagher questioned if it is within the existing capacity. Mr. Migchelbrink stated you don't generally define a driveway by its capacity. Commissioner Stone suggested he would be willing to leave it up to the discretion of the Engineer with an appeal process. 9 02-12-2002 Chairman Gallagher asked who made the change from recordation to recording. Ms. Skinner stated she did. Chairman Gallagher thanked her for the change. Chairman Gallagher spoke to page 49 and the title certificate. Ms. Skinner stated in the previous Land Use Regulations they did not identify a single person. She stated it should be a company statement. Chairman Gallagher spoke to Public Way ad it should be under definitions. Ms. Migchelbrink stated chapter 5 is laid out differently and in the past it has included drainage. Chairman Gallagher asked if in chapter 5 it there is a definition section. He stated it is important to have definitions as definitions and regulations as regulations. Commissioner Stone stated on page 43 he questions under g,l,a, the use of the word shall. Mr. Montag stated he thinks it is the same language as found in the other processes. Commissioner Stone asked what a type A subdivision is. Mr. Montag stated it is a minor subdivision that creates three or less lots and combines sketch, preliminary and final plat into one process. Commissioner Stone asked if they can not make that finding if it can not be approved. Mr. Montag stated that is the way it is written now. Chairman Stone asked staff how long it might take to incorporate these ideas. Mr. Montag stated not very long at all. Commissioner Stone asked if they could ask for public comment. Chairman Gallagher asked if there were any members of the public who would like to comment. There were none. Chairman Gallagher closed public comment. Commissioner Stone suggested they could either table this or they could ask staff to make the changes and approve the file with those instructions. Mr. Montag stated staff does have good notes and can make the changes. There still has to be a resolution prepared and brought back to the Board. Staff findings are as shown on staff report and as follows: 1. Pursuant to Chapter 1, Section 1.15.04 Referrals ofthe Eagle County Land Use Regulations: the proposed amendments HAVE been referred to the appropriate agencies, including the applicable towns within Eagle County, and to the Colorado Division of Local Affairs. 2. Pursuant to Chapter 1, Section 1.15.05 Public Notice of the Eagle County Land Use Regulations: Public notice HAS been given. 3. Pursuant to Chapter 2, Section 5-230.B.2 Text Amendment of the Eagle County Land Use Regulations: (a) The proposed amendments AMEND ONLY THE TEXT of the Eagle County Land Use Regulations, and do not amend the Official Zone District Map. (b) Precise wording of the proposed changes HAS been provided. 4. Pursuant to Chapter 2, Section 5-230.D Standards of the Eagle County Land Use Regulations as applicable: (a) The proposed amendments ARE consistent with the purposes, goals, policies, and Future Land Use Map of the Eagle County Master Plan. 10 02-12-2002 (b) The proposed amendments DO address a demonstrated community need. ( c) The proposed amendments ARE in the public interest. Commissioner Stone moved the Board approve file number LUR-0037, Land Use Regulations Amendments, incorporating all Staff findings and all changes mentioned at this hearing. Commissioner Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until February 19,2002. 11 02-12-2002