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HomeMy WebLinkAbout20081008minutes MINUTES OPEN SPACE AND TRAILS BOARD JOINT MEETING WITH THE BOARD OF COUNTY COMMISSIONERS JUNE 24, 2008 Plaza One Conference Room, Pitlcin County Courthouse Plaza 530 East Main Street, Aspen Open Space Board Members Present: Franz Froelicher, Anne Rickenbaugh, Tim McFlynn, Hawk Greenway Commissioners Present: Dorothea Farris, Jack Hatfield, Michael Owsley, Rachel Itichazds Others Present: Dale Will, Bazb D'Autrechy, John Armstrong, Gazy Tennenbaum, John Ely, Hilary Fletcher, Brian Flynn The BOCC meeting was called to order at 11:00 a.m. BOARD & STAFF COMMENTS Jesse Boyce Dale informed the BOCC that Jesse Boyce, OSTB Trustee from District 2, resigned his position due to illness. Both boards wish Jesse a full and speedy recovery. Rio Grande Trail Ribbon Cutting Dale distributed a brochure on the Rio Grande Trail produced by RFTA for its grand opening celebration in Cazbondale last Saturday. Jack acknowledged RFTA's role in completing the trail. Tim informed the BOCC that the OSTB has received public comments requesting that the Pitkin County portion of the Trail (from Pitkin Iron to Stein Pazk) be paved. Staff discussed with the BOCC OST's proposal to upgrade the Woody Creek section of the trail from W/J Hill to Pitkin Iron to a dual surface, that has paved trail and soft surface trail that will accommodate equestrians, joggers and other wanting to use a soft surface. OST is seeking trail easements that would allow the soft surface to be sepazated from the paved surface. Once they have completed those negotiations, OST will submit a land use application for the trail project. Construction is anticipated to begin in Spring of 2009. Staff is submitting a grant to Great Outdoors Colorado to help fund the project. Filoha Management Plan Dale updated the BOCC on the adoption process for the Filoha Management Plan. The OSTB will be conducting a site visit on Filoha Meadows on Tuesday July 1. The Boazd will meet at 8:00 am in Elk Pazk in Redstone and walk to the far end of Filoha Meadows along Dorais Way and Travel Corridor A, as identified in the Draft Management Plan. It is a 6 mile walk round trip. Smuggler Mountain Open Space Management Plan Dale updated the Boazd on the process for adopting a Management Plan for Smuggler Mountain Open Space (SMOS). For over 20 yeazs, the City and County have worked to acquire land on Smuggler Mountain to protect for public enjoyment, with a total investment of over $20 million. The City and County Open Space Boards will be meeting on July 26s', at 4:00 to finalize a draft of the (SMOS) Management Plan to be released for public comment. The Open Space boards plan to hold a 2 month public comment period. Staff summarized information from the Plan and stated that the two issues on which staff expected public input were how much recreational development should occur, and the proposed voice control area for dogs. Jack voiced support for voice control on Smuggler Road. Tim stated that the OSTB was supportive of including voice control for Smuggler Road in the draft of the Management Plan, noting that it would require some outreach and education about responsible dog ownership and where else people can take their dogs. Rachel recommended clarifying in the Plan procedures for enforcements, so the public knows who to contact, and what agencies have jurisdiction. Recommendations for posters at the animal shelter, pet stores and veterinarian offices, discussing dogs and leashes were also offered. EXECUTIVE SESSION The BOCC voted unanimously to move into Executive Session at 12:00 p.m., in accordance with CRS 24-6-402(4) (a) and (b), for the purpose of discussing acquisitions and conferring with counsel. The OSTB moved the same motion. The boards moved out of Executive Session at .1:11 p.m. ADJOURN OSTB moved to adjourn at 1:11 p.m. Approved Approved -G Fn Froelic er, ~1 air Jack Hatfield, Chairman Pitkin Co y Open Space and Trails Boazd Pitkin County Board of County Commissioners ~t / I Attest D'Autrechy Jeanette Jones ni MINUTES OF WORK SESSION APPROVED BY BOCC ON ~7CT'~ g"~ ao0 8' Date: September 9, 2008 Meeting Start Time: 10:00 AM Commissioners present: Commissioners not present: ® Patti Clapper ? Patti Clapper ® Dorothea Farris ? Dorothea Farris ® Jack Hatfield ? Jack Hatfield ® MichaelOwsley ? Michael Owsley ® Rachel Richazds ? Rachel Richazds WORK SESSION ITEM: Review of Building Pernut #0016-2008.prbu STAFF DIRECTION: Joanna Schaffner provided a historical review of the property. Home of 2200 squaze feet was built prior to the floor area ratio ("FAR") limitation was imposed in the subdivision. She outlined activity on the parcel that was done with permits. The County took action and the property was ultimately was sold to the Beidlemans. The Boazd of Adjustment granted a variance for setback and FAR due to unusual topography and other conditions that allowed for a gazage that caused the structure to exceed the FAR. The Beidlemans subsequently applied for a new permit to replace the home. The permit was granted. The neighbors stated that there was an addition done in 1985 that should not have been granted due to the FAR limitation. The Boazd asked clarifying questions and staff responded. Ms. Schaffner stated that they aze currently 979 squaze feet over the current FAR. Jody Edwazds and Glenn Horn spoke on behalf of the Beidlemans. Discussion ensued regarding the purpose and decision-making abilities of the Board regarding this matter. Mr. Hom provided a plat map showing the development on the pazcel. Mr. Edwazds provided a summary of the issue and position on behalf of the Beidlemans. Mrs. Bilchak addressed the Boazd regarding her complaint. Commissioner Hatfield inquired about Mrs. Bilchak's desired outcome. She stated a preference to see the gazage be demolished and return the space to an open area, removal of the third story and that they be granted a variance for an additional 1,000 squaze feet for their property similar to that of the Beidlemans. Commissioner Clapper stated that she did not feel the request was reasonable. Discussion continued among Board members. Commissioner Owsley suggested that the neighborhood consider a discussion of increasing the FAR for the subdivision. Discussion ensued and Boazd members shazed their comments. The Boazd stated that they believed the right to appeal has expired and that they cannot reconstruct events that took place in the 1980s. The Boazd directed staff to not revoke the current permit and for staff to work with the neighbors to re-examine the current FAR. WORK SESSION ITEM: Lunch Meeting with Financial Advisory Boazd (FAB) re: Economic Assumptions STAFF DIRECTION: Tom Oken referred the Boazd to the summary sheet with all the economic assumptions. He reviewed each assumption. Discussion ensued regazding the Consumer Price Index and 91 Treasury Bills. The Boazd agreed with the FAB and staff recommendation. Discussion moved to the sales tax projections and Mr. Oken reviewed the historical experience for sales tax. The Boazd discussed the assumptions and requested information from the City of Aspen regazding their projections. The Board supported the staff recommendation. WORK SESSION ITEM: Introduction of the Two Rivers Fire Wise Council STAFF DIRECTION: Art Hougland was present to talk about the purpose of the Two Rivers Fire Wise Council. Jeanne Soulsby, a boazd member, discussed her experience from her evacuation during the Coal Seam Fire. She stated that FireWise Councils exist across the country. She stated their goal is to educate citizens regazding wildfire prepazedness and mitigation. She also stated that they want to act as support for the local fire departments. Elizabeth Phillips discussed some of the ambassador program to work door-to-door in high risk neighborhoods to educate and advise citizens on resources and plazming. Gloria Edwazds is the owner of a 1 z forest mi'figatiori~contra`c'tor and-spoke about the educational component. She also stated that they have apart- 6me candidate to help with their educational efforts. Discussion ensued. ADJOURNED WORK SESSION AT 1:40 PM. RECONVENED WORK SESSION AT 1:44 PM. WORK SESSION ITEM: Memos of Interest STAFF DIRECTION: 1. Budget MOI for Diesel Fuel and Gasoline Increase, Temple Glassier -approved. WORK SESSION ITEM: Future Agendas/Agenda Requests/Monthly Calendazs STAFF DIRECTION: 1. Brian Pettet will attend the Transportation Commission meeting on Sept. 19th. 2. Pitkin County Cares Volunteer Awazds Reception at Sept. 24a` at 11:OOam. 3. Redstone Sign reception on Sept. 24a' at 5:00 pm. The Commissioners requested a thank you letter to Lisa Wagner for her work. The Boazd directed $200 to donate to the reception costs. 4. Commissioner Richards will be absent on Oct. 8`h. The Boazd asked staff to advise Lance Clarke. WORK SESSION ITEM: Open Discussion STAFF DIRECTION: 1. Roadless Letter -Commissioner Farris drafted the letter and the Boazd supported it being sent. 2. Budget binders -all budget documents will be available electronically. Which Board members would like to have a budget binder? All Commissioners except Commissioner Owsley want a binder. 3. Commissioner Richazds stated that some progress had been made in ensuring there is a diverse representation in Club 20 membership. . 4. Staff was directed to notify all the caucuses when the Code work session is scheduled. Discussion ensured regarding the complexity of the issue and how it is perceived by the public. 5. Commissioner Farris commented that she appreciated the historic preservation information forwarded from Lake County. 6. Commissioner Hatfield thanked Commissioner Clapper for orgazuzing the elected officials volunteer aid station at Race for the Cure. 7. Commissioner Richazds will contact Doug Aden to get a status update on the Crystal Trail. 8. Commissioner Hatfield requested that the County Manager inform the BOCC if there is a policy for staff returning phone calls or information requests from Commissioners or any member of the public. 9. Commissioner Hatfield requested a follow up on the Henley Woody Creek Mobile Home Park issue after it goes before the Housing Boazd in two weeks. Meeting adjourned at 2:45 WORK SESSION ITEM: Annual Meeting with School District Board STAFF DIRECTION: 1. November ballot question on property tax for transportation and technology and employee housing. School Boazd Chair, Elizabeth Pazker, outlined the twp ballot questions the School District will be advancing. A property tax mill levy question for transportation and technology will be requested for 3 years, expecting to generate $1.SM per yeaz. A Bond question for creating teacher housing that the District will own will also be asked. Discussion followed. Chair Pazker identified that the most probable location for housing development is at West Ranch where the District owns property. 2. Aspen Area Community Plan. Commissioner Richards encouraged the District to participate in the AACP process as a place to contribute to future housing policy. 2 3. Traffic Management Plan. Superintendent Diana Sirko described the redesigned pazking and traffic flow plan that has been implemented. In addition the teacher bus, transporting teachers from downvalley communities has had increased ridership. Commissioner Hatfield asked if there has been any management of parent drop off/pick-up of students. Superintendent Sirko responded that information is sent to homes to discourage pazents from transporting students and currently 54% to 50% of all students are transported by the district. In addition, there aze those that utilize RFTA. 4. Sheriff's Department Resource Officer. Superintendent Sirko commented the program is working very well and the relationships between students and the officers aze beneficial. 5. Out of District enrollments and impacts on transportation of in-district and out-of-district students. Superintendent Sirko reported that there are approximately 300 out-of-district students. The acceptable number is controlled by stafTing ratio by grade and is carefully monitored. 6. School District staffing levels and recruitment issues. Superintendent Sirko stated that the district is still short three paza-professional staff and the District hired 30 new teachers this yeaz. Turnover due to housing remains an issue. Adjourned at 5:30 PM. Prepazed by: Respectfully submi d: ~ _ Hilary e her, County Manager ~J ce K. Vos Caudill, Clerk and Recorder Jack Hatfield, Chairman Board of County Commissioners 3 ti APPROVED OCTOBER 8, 2008 MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS SPECIAL MEETING SEPTEMBER 23. 2008 NOTE: For all staff memorandums and associated documents, including additional exhibits submitted to the record, refer to the BOCC PACKET FOR SEPTEMBER 23, 2008. CALL TO ORDER: Chairman Jack Hatfield called the Board of County Commissioners to order at 1:15 PM. COUNTY COMMISSION MEMBERS PRESENT: Jack Hatfield, Patti Kay-Clapper, Dorothea Farris, Jack Hatfield, Michael Owsley and Rachel Richards. COMMISSION MEMBERS ABSENT: None Commissioner Owsley moved to open the Board of Equalization Special Meeting. Commissioner Farris seconded the motion. Motion passed 5 to 0. APPEAL OF ASSESSOR'S DENIAL OF SENIOR PROPERTY TAX HOMESTEAD EXEMPTION DENIAL -MOTION TO SUPPORT STAFF AND DENY THE APPEAL STAFF: JEANETTE JONES Larry Fite of the Assessor's Office gave the board a short presentation on this appeal based upon the Agenda Item Summary of Jeanette Jones, Application and letter from George and Catherine Feeney. This information is available in today's packet material. Mr. and Mrs. Feeney were not present at this hearing. Commissioner Farris stated that since age alone doesn't qualify one for this and since Mr. and Mrs. Feeney are not full time residents, not registered to vote here and do not have their cars registered here she made the following motion. Commissioner Farris moved to support staff and deny this appeal. Commissioner Owsley seconded the motion. Motion passed 5 to 0. ADJOURNMENT: BOARD OF COUNTY COMMISSIONERS 7 SPECIAL MEETING SEPTEMBER 23, 2008 Commissioner Owsley moved to adjourn the Special Meeting at 1:20 PM. Commissioner Farris seconded the motion. Motion passed 5 to 0. BOARD OF COUNTY COMMISSIONERS 2 SPECIAL MEETING SEPTEMBER 23, 2008 APPROVED OCTOBER 8, 2008 MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR MEETING SEPTEMBER 24. 2008 NOTE: For all staff memorandums and associated documents, including additional exhibits submitted to the record, refer to the BOCC PACKET FOR SEPTEMBER 24, 2008. CALL TO ORDER: Chairman Jack Hatfield opened the regular meeting of the Board of County Commissioners at 12:00 PM. COUNTY COMMISSION MEMBERS PRESENT: Commissioners Jack Hatfield, Patti Kay-Clapper, Dorothea Farris, Michael Owsley and Rachel Richards COMMISSION MEMBERS ABSENT: None ADDITIONS/DELETIONS TO THE AGENDA: None PROCLAMATIONS: PITKIN COUNTY CARES VOLUNTEER AWARDS PUBLIC COMMENT: None COMMISSIONERS COMMENTS: Commissioner Kay-Clapper announced that there will be a service for Judge JE De Vilbiss' at St. Mary's Catholic Church on Friday, September 26th at 10:30 a.m. Additionally, a community service is scheduled for Saturday at 3:00 p.m. at the Paepcke Auditorium and a reception at 4:30 p.m. at the Elk's lodge. Other commission members spoke to the passing and offered their respect of Judge Devilbiss including comments with respect to their various working and personal relationships with him. They all emphasized that JE was an incredible wise soul and an amazing man and judge. Commissioner Richards asked for a moment of silence for all those at war at this time. A moment of silence was observed. BOARD OF COUNTY COMMISSIONERS 1 REGULAR MEETING SEPTEMBER 24, 2008 Commissioner Owsley reminded everyone that the last day to register to vote for the general election is on October 6~h. He encouraged everyone to vote. CONSENT ACTIONS: MINUTES OF BOARD OF COUNTY COMMISSIONER REGULAR MEETINGS OF AUGUST 27 AND SEPTEMBER 10 2008• WORK SESSION MEETINGS OF AUGUST 26 AND SEPTEMBER 2 AND SPECIAL MEETINGS OF SEPTEMBER 9 10 AND 16 -MOTION TO APPROVE -STAFF: LYNDEE R. DEAN/JEANETTE JONES CLERKS TO THE BOARD Commissioner Farris moved approval of the minutes submitted by staff. Commissioner Kay-Clapper seconded the motion. Motion passed unanimously. FIRST READING AND SET FOR PUBLIC HEARING ON OCTOBER 8. 2008 ORDINANCE APPROVING CONTRACTS AUTHORIZING OPEN SPACE CONVEYANCE OF 35 ACRE RYAN PARCEL TO THE UNITED STATES FOREST SERVICE IN EXCHANGE FOR REPLACEMENT OPEN SPACE. AND AUTHORIZING RECONVEYANCE OF AN 8.6 ACRE PARCEL THAT WILL BE REPLACED WITH ADDITIONAL OPEN SPACE -MOTION TO APPROVE -STAFF PERSON: DALE WILL. OPEN SPACE AND TRAILS DIRECTOR Dale Will, Open Space and Trails Director, gave a presentation on this item as summarized in his memorandum contained in the BOCC packet for this meeting. Commissioner Kay-Clapper moved approval of first reading of the ordinance and set for public hearing on October 8, 2008, with a comment that this land exchange will be subject to approval of a ballot question this November by the electorate. She stated that if the question passes successfully, Pitkin County will get a parcel, which could be sold and the funds from the sale would go back in the open space budget for future acquisition of open space parcels. Commissioner Richards seconded the motion. Motion passed unanimously. SECOND READING AND PUBLIC HEARING -ORDINANCE AUTHORIZING PURCHASE OF THE TWO ARGEROS PAROLES COMPRISING APPROXIMATELY TWENTY ACRES -MOTION TO APPROVE -STAFF PERSON: DALE WILL. OPEN SPACE AND TRAILS DIRECTOR Dale Will, Open Space and Trails Director, gave a presentation on this item as summarized in his memorandum contained in the BOCC packet for this meeting. He thanked Bob McCormick for his participation in this transaction. Commissioner Kay-Clapper moved approval of second reading of the ordinance. Commissioner Owsley seconded the motion. BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING SEPTEMBER 24, 2008 9 Chairman Hatfield opened the hearing to public comment. There being no comment, he closed the public hearing and called the question. The motion passed unanimously LAND USE PUBLIC HEARINGS: THREE LOST SOULS LLC SITE PLAN REVIEW REFERRED TO BOCC BY THE COMMUNITY DEVELOPMENT DIRECTOR -MOTION TO CONTINUE. AS PER THE APPLICANTS REQUEST. TO NOVEMBER 5. 2008 -STAFF PLANNER: MICHAEL KRAEMER FIRST READING -ORDINANCE REZONING TRACT 9. J.H. MCCABE TRACTS FROM AH TO RS-30 AND TWO SITES ON THE FATHERING PARCEL OF THE MCCABE RANCH LOW IMPACT SUBDIVISION FROM RS-30 TO AH -MOTION TO APPROVE FIRST READING AND SET FOR SECOND READING ON OCTOBER 8 2008 -STAFF PLANNER: SUZANNE WOLFF FIRST READING -RESOLUTION GRANTING APPROVAL TO COLLINS SUBDIVISION/PUD CONCEPTUAL SUBMISSION. 1041 HAZARD REVIEW AND GMQS EXEMPTION -MOTION TO APPROVE ON FIRST READING AND SET FOR SECOND READING ON OCTOBER 8. 2008 -STAFF PLANNER: SUZANNE WOLFF Applicant: Harry A. Collins, Trustee of the Harry Anthony Collins and Judith Allen Collins Revocable Trust Agreement Applicant's Representative: Alan Richman Request: the applicant requested the following approvals: • Resubdivide Tracts 8 and 9 of the McCabe Tracts into three lots: one containing 58 acres and the Aspen House (tract 8); one containing 14.5 acres and the Hex House (Tract 11); and one containing 32 acres and the duplex, which would be replaced with a new single family residence (Tract 9). • PUD to vary the size of Tract 11 in order to keep the pastures intact. • Rezone Tract 9 from AH to RS-30. • Rezone two sites on the Fathering Parcel from RS-30 to AH: the existing ranch manager's residence and a new site where the deed restricted duplex from Tract 9 will be replaced (which will result in an increase in on-site employee housing units from 5 to 6). • GMQS Exemption to replace the existing deed-restricted duplex on Tract 9 with a new duplex on the old shop site on the Fathering Parcel; and to deed restrict the ranch manager's residence and to utilize the development right currently associated with the Ranch Manager's House to construct a new "replacement" free market single family residence on Tract 9. BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING SEPTEMBER 24, 2008 I t~ • 1041 Hazard Review to establish building envelopes on Tracts 8, 9 and 11 to accommodate the redevelopment of the existing residences, and on the Fathering Parcel for the new duplex and the ranch manager's residence. As a result of this application, there will be no increase in the number of free market units (currently -Aspen House, Hex House and Ranch Manager's House; after resubdivision -Aspen house, Hex House and new residence on Tract 9) and there will be one additional deed restricted unit (the Ranch Manager's House). Alan Richman, representing the applicant, proceeded with his presentation associated with this request as addressed in their application and staffs memorandum contained in the BOCC packet material for this meeting. Mr. Richman referred to Condition No. 10 regarding fencing. He said the only concern they have with fencing is that fencing that complies with the county standards for wildlife doesn't always comply with the need to keep livestock within a particular meadow. It was agreed that the condition be amended as follows: • At the end of Condition 10 D, language that states "Except fences needed for livestock and the applicant will consult with the Division of Wildlife with respect to these fences. Such recommendation with respect to the guidelines shall be in writing from the Division of Wildlife. Mr. Richman referred to Condition No. 7. He stated that there will be commercial activities outside of the building envelope. It was agreed that the condition be amended as follows: • The language in Condition No. 8 will be carried over to Condition No. 7 allowing agricultural activities outside of the building envelope. Chairman Hatfield referred to the paragraph in staff's memorandum concerning homeowners' assessments. Ms. Wolff clarified that the language came from the housing authority's recommendation and the documents will be written so that the deed restricted occupants are not paying the same amount as the free market people. She clarified that if the units are rental units then there is not an issue only if they become sale units in the future. It was agreed that prior to detailed submission, the applicant will submit a deed restriction to the housing office and county attorney for review and approval. Chairman Hatfield asked about vesting. BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING SEPTEMBER 24, 2008 I! Ms. Wolff clarified that the vesting issue will be addressed at detailed submission. Herb Klein, attorney for the applicant, stated that at detailed submission they will be prepared to request that the vesting period be as per the period in the GMQS approval. Chairman Hatfield commented that Mr. Richman's presentation talked about no further subdivision of the property. He questioned if there should be a condition stating that "there shall be no further subdivision of the property"? Ms. Wolff said there is always a possibility that someone may ask to further subdivide the property. John Ely, County Attorney, said there is no harm in making this issue a condition of approval because it would reflect the current understanding. But it would not prohibit somebody from coming back in with an application requesting further subdivision of the property. Mr. Klein said that they would not like to have that type of restriction imposed on them because they don't think it is really relevant to the application. He further stated that they don't think these parcels should be penalized in that by adding such a condition it would be "really piling on" and therefore, they would object to such a condition. After a discussion, it was agreed that a condition would not be imposed at this time. The applicant was asked to come back at second reading with a map depicting the property, which is the subject of conservation. Mr. Richman stated that the only parcel, which could be subdivided would be the fathering parcel however, this parcel was deed restricted against no further subdivision via the Low Impact Subdivision approval. He said there is nothing in the tracts that could be subdivided under today's zoning. Commissioner Richards requested that some of the previous conditions from the Low Impact Subdivision approval be restated in the resolution for this application. Chairman Hatfield asked if there was a need to reference the conditions regarding the historic structures. Ms. Wolff clarified that the historic structures have been preserved by recordation of a covenant. Commissioner Owsley asked for a commitment from the applicant to preserve the irrigator's historic structure. It was determined that this structure was also included in the recorded covenant. Chairman Hatfield opened the hearing to public comment. There being no comment, he closed the public hearing and brought the matter back to the board for action. BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING SEPTEMBER 24, 2008 ~Z Commissioner Clapper moved approval of first reading of the Ordinance and set for second reading and public hearing on October 8, 2008. Commissioner Richards seconded the motion. Motion passed unanimously. Commissioner Clapper moved approval of first reading of the Resolution and set for second reading and public hearing on October 8, 2008. Commissioner Richards seconded the motion. Motion passed unanimously. WEINREIS SPECIAL REVIEW FOR A CARETAKER DWELLING UNIT -OBJECTION HEARING -MOTION OF CONDITIONS REGARDING VIOLATIONS -STAFF PLANNER, MICHAEL KRAEMER Michael Kraemer, Staff Planner, gave a presentation on this matter as summarized in his memorandum contained in the BOCC packet for this meeting. Anne Marie McPhee, Attorney for Mr. Weinreis requested that with respect to the current occupancy of the proposed caretaker dwelling unit that they be given three months to find alternative housing for these two local employees. Chairman Hatfield opened the hearing to public comment. Kathy DeWolfe appeared before the Board to urge commission members to set specific conditions with respect to Mr. Weinreis bringing the structures on his property into compliance with the zoning regulations. She commented that some of the units were vacated, but that at this point in time, the people are back in them. Additionally, she commented that one of the units is being used as a Laundromat. Two other neighbors reiterated Ms. DeWolfe's comments and urged the board to enforce the zoning regulations. Ms. DeWolff asked if the county could charge Mr. Weinreis for the measuring of the floor area, but be responsible for retaining the individual to perform this work. It was agreed that the person (who prepares the measurements) credentials would be recognized and those measurements would be accepted. Carrington Brown, Code Enforcement Officer for Pitkin County said he would be willing to do periodic reviews upon permission by Mr. Weinreis to enter the property. After a discussion, Commissioner Kay-Clapper moved to direct staff to accomplish the following: • Determine what the allowable floor area is for this property • Determine what structures are legal and which ones are illegal • Ensure that the tenants have vacated the illegal unit by July 1, 2009 BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING SEPTEMBER 24, 2008 14 • Ensure total compliance for the property by July 1, 2009 and if it has not been brought into compliance, then enforcement of the District Court settlement agreement • Staff to create on-going site inspections Commissioner Richards seconded the motion with an amendment that after the tenants have vacated the illegal unit then the dwelling shall be rendered immediately uninhabitable. The motion passed unanimously. FORWARDING THE PLANNING AND ZONING COMMISSION SCORE FOR THE 2008 RURAL AREA GMQS COMPETITION FOR ADDITIONAL FLOOR AREA -LISA MARIE SWALM - NO ACTION REQUIRED Lance Clarke, Assistant Planning Director, presented this item as summarized in his memorandum contained in the BOCC packet for this meeting. COLD MOUNTAIN RANCH SUBDIVISION AND OPEN SPACE MASTER PLAN - PULLED FROM THE AGENDA BOCC OPEN DISCUSSION: None ADJOURNMENT: Commissioner Kay-Clapper moved to adjourn the regular meeting at 3:00 PM. Commissioner Richards seconded the motion. Motion passed unanimously. Respectfully submitted, Jeanette Jones Clerk to the Board of County Commissioners Jack Hatfield Chairman of the Board of County Commissioners BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING SEPTEMBER 24, 2008 iU