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PITKIN COUNTY COMMISSIONERS REGULAR MEETING AGENDA
Plaza One Meeting Room
WEDNESDAY,JULY 11,2012 12:00 NOON
ADDITIONS/DELETIONS TO AGENDA
PUBLIC COMMENT, COMMISSIONER COMMENTS
CONSENT ACTIONS
1. Minutes of Work Session June 12 and June 19. Regular Meeting June 27.
2. Resolution Appointing Independent Referees (Hearing Officers)to Hear Tax Payers' Appeals of the
Pitkin County Assessor's Valuation and Developing a List of Persons Qualified to Act as Arbitrators
of Property Valuation Disputes, Jeanette Jones
CONSENT PUBLIC HEARINGS
3. Special Event Liquor Permit for Friends of the Aspen Animal Shelter, Jeanette Jones
4. Special Event Liquor Permit for the Wilderness Workshop , Jeanette Jones
CONSENT ACTIONS- lst Readings, Set for Public Hearing on Julv 25
5. Resolution Authorizing A Memo of Understanding with the Bureau of Land Management for the
Administration of Certain Commercial Rafters Taking Out at Wingo Junction, Gary Tennenbaum
CONSENT PUBLIC HEARING,2°d Readings
6. Ordinance Vacating A Trail Easement On Sparovic Lot 1-A And Accepting A New Trail Easement
And River Access Easement From River Sanctuary LLC, Dale Will
7. Ordinance Accepting Temporary Construction Easements and a Permanent Construction Easement
from Property Owners along Coal Creek Road for the Coal Creek Culvert Replacement Project, GR
Fielding
8. Resolution Authorizing Pitkin County to Perform Consumer Protection Services on Behalf of the
Colorado Department of Public Health and Environment, Cindy Houben
LAND USE PUBLIC HEARINGS
1. AnthesBrown Constrained Site TDR, Designation to Historic Register & Historic Incentives,
(Continued from 6/27/12), PH (PN 4/5/12), S. Wolff
LAND USE ACTIONS
2. Elam Minor Amendment to a Development Permit for Night Operations, M. Kraemer
3. Deadwood Ranch I LLC Amendments to BOCC Resolution No. 059-2010, (Continued from
6/27/12), S. Wolff
BOCC OPEN DISCUSSION
ADJOURN
AGENDA IS SUBJECT TO CHANGE
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MINUTES
BOARD OF COUNTY COMMISSIONERS
REGULAR MEETING
JULY 11, 2012
PLAZA ONE MEETING ROOM
NOTE: For all staff memorandums and associated documents, including additional
exhibits submitted to the record, refer to the BOCC PACKET FOR JULY 11, 2012.
CALL TO ORDER: Chairman Michael Owsley called the Board of County
Commissioners Regular Meeting to order at 12:00 PM.
COUNTY COMMISSION MEMBERS PRESENT: Michael Owsley, Jack Hatfield,
Rachel Richards, George Newman and Rob Ittner
COMMISSION MEMBERS ABSENT: None
ADDITIONS/DELETIONS TO THE AGENDA: None
PUBLIC COMMENT: None
COMMISSIONER COMMENTS:
Commissioner Newman spoke about KJAX Radio and some outstanding interviews he
has heard on that station. One, in particular, was with Walter Isaacson about his
biographical book on Steve Jobs. The programs that the Aspen Institute provides to the
community are a great amenity for us to enjoy, he said. He also listened to a few of the
conversations and presentations from the Aspen Ideas Festival as well. He
commended all the organizations and entities that are involved in providing this access
to all of us.
Commissioner Ittner shared Commissioner Newman's comments and was, himself,
attending that and there was an overFlow into Paepcke Auditorium where they broadcast
it on a big screen for about 500 people. We have so many amenities here in Aspen and
we're very grateful for them, he concluded.
BOARD OF COUNTY COMMISSIONERS 1 REGULAR MEETING NLY 11,2012
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Commissioner Ittner also spoke about protecting those amenities as we still have a fire
ban in this town. He spoke about hiking in the southern part of the state and picking up
three cigarette butts along the trail and said it was dry as a bone there. He warned
everyone to be on the alert as there is still a high fire danger out there.
Commissioner Hatfield said that last weekend he was asked to read a Resolution that
Michael had already read honoring the Aspen Physics center. It was a great time at
their 50th Anniversary and a great time was had by all.
Commissioner Richards said that the deficit we've had in moisture has not yet been
made up. It would take a month of rain, she thought, to get us out of the drought
conditions we're already in. She urged everyone to sign up for Pitkin Alert at
www.aspenpitkin.com and follow the links to the emergency alert system or go directly
to www.pitkinemergencv.org.
CONSENT ACTiONS:
MINUTES OF THE BOARD OF COUNTY COMMISSIONERS' WORK SESSION
MEETtNG OF JUNE 12 AND JUNE 19, 2012 AND REGULAR MEETING OF JUNE 27,
2012 — MOTION TO APPROVE
STAFF: LYNDEE R. DEAN/JEANETTE JONES, CLERKS TO THE BOCC
Commissioner Ittner and Commissioner Newman were both absent during the June 27,
2012 Regular meeting. Commissioner Ittner, therefore, made the following motion.
Commissioner ittner moved to approve the Work Session minutes of June 12,
2012 and June 19, 2012. Commissioner Newman seconded the motion. Motion
passed 5 to 0 with Commissioners Owsley, Hatfield, Richards, Newman and Ittner
voting aye.
Commissioner Hatfietd then moved to approve the Regular Meeting minutes of
June 27, 2012. Commissioner Richards seconded the motion. Motion passed 3
to 0 with Commissioners Owsley, Hatfield and Richards voting aye and
Commissioners Newman and Ittner abstaining.
REQDtNG ON RESOLUTION APPOINTING INDEPENDENT REFEREES (HEARING
OFFICERS) TO HEQR TAX PAYER'S APPEALS OF THE PITKIN COUNTY
ASSESSOR'S VALUATION AND DEVELOPING A LIST OF PERSONS QUALIFIED
TO ACT AS ARBITRATORS OF PROPERTY VALUATION DISPUTES — MOTION TO
APPROVE
STAFF: JEANETTE JONES, CLERK TO THE BOARD OF EQUALIZATION
Joining Ms. Jones was Larry Fite, Deputy Assessor for Pitkin County. Ms. Jones
informed the board members that it has been a quiet year this year with one exception
and that is agricultural appeals. She said that will probably been the most that come in.
BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING NLY 11,2012
So far, she noted, she has nine agricultural properties, one commercial and one
residential.
Mr. Fite explained to the board that there has been a new law established regarding
agricultural tax. He said that he believes the majority of appeals will be in this area. The
new law charges the Assessor to assign a home site value under the homes of
properties that are inhabited by people who are not integral to the "AG" operation on
whatever the property may be. He said that his office sent out about 125 changes to
that effect.
A short discussion ensued on this information.
Ms. Jones added that this year the three individual Hearing Officers will sit as a panel
when hearing the appeals rather than hearing them individually.
Commissioner Newman moved to approve the Resolution Appointing
Independent Referees (Hearing Officers) to hear Tax Payer's Appeals of the Pitkin
County Assessor's Valuation and Developing a List of Persons Qualified to act as
Arbitrators of Property Valuation Disputes. Commissioner Hatfield seconded the
motion. Motion passed 5 to 0 with Commissioners Owsley, Hatfield, Richards,
Newman and Ittner all voting aye.
CONSENT PUBLIC HEARINGS:
SPECIAL EVENT LIQUOR LICENSE APPLICATION FOR THE FRIENDS OF THE
ASPEN ANIMAL SHELTER— MOTION TO APPROVE
STAFF: JEANETTE JONES, CLERK TO THE BOCC
Ms. Jones gave the board a short presentation and asked Seth Sachson from the
Aspen Animal Shelter to give the details of his event.
Mr. Sachson, today representing the Friends of the Aspen Animal Shelter, the non-
profit, explained that it is his yearly fund raiser and it will be held on Saturday, July 28,
2012 at 2129 Snowmass Creek Road in Snowmass for the non-profit and is scheduled
from 6:30 to 10:30 PM. The non-profit generates revenue to neuter animals all over the
country. For tickets, people can call the non-profit line at 927-1771 or the Shelter at 544-
0206.
The party is a 70's disco theme with a live band called Boogie Machine. There will also
be a dinner, auction, silent auction and adoptable pets on display at the gathering.
Commissioner Hatfield moved to approve the Special Event Liquor License
Application for the Friends of the Aspen Animal Shelter. Commissioner Richards
seconded the motion.
BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING JULY 11,2012
Chairman Owsley opened the hearing to public comment. There being none, he
closed the public hearing and called the question.
Motion passed 5 to 0 with Commissioners Owsley, Hatfield, Richards, Newman
and Ittner all voting aye.
SPECIAL EVENT LIQUOR LICENSE APPLICATION FOR THE WILDERNESS
WORKSHOP — MOTION TO APPROVE
STAFF: JEANETTE JONES. CLERK TO THE BOCC
Ms. Jones introduced Dave Reed of Wilderness Workshop to speak about his upcoming
event.
Mr. Reed said the Wilderness Workshop's event called "Wild FesY' will be held on July
14, 2012 at the Flying Dog Ranch in Woody Creek with three bands this year.
Chairman Owsley opened the hearing to public comment. There being none, he
closed the public hearing and called for a motion.
Commissioner Richards moved to approve the Special Event Liquor License
application for the Wilderness Workshop. Commissioner HatField seconded the
motion. Motion passed 5 to 0 with Commissioners Owsley, Hatfield, Richards,
Newman and Ittner all voting aye.
CONSENT ACTIONS - 1ST READING, SET FOR 2ND READI_NG AND PUBLIC
HEARING ON JULY 25, 2012:
FIRST READING ON RESOLUTION AUTHORIZING A MEMORANDUM OF
UNDERSTANDING WITH THE BUREAU OF LAND MANAGEMENT FOR THE
ADMINISTRATION OF CERTAIN COMMERCIAL RAFTERS TAKING OUT AT
WINGO JUNCTION — MOTION TO APPROVE ON FIRST READING AND SET .
SECOND READING AND PUBLIC HEARING TO JULY 25, 2012
STAFF: GARY TENNENBAUM. OPEN SPACE AND TRAILS
Dale Will gave the presentation as shown in Gary Tennenbaum's Agenda Item
Summary. Mr. Tennenbaum was away this week on vacation.
Commissioner Newman moved to approve the first reading on the Resolution
authorizing a memorandum of understanding with the Bureau of Land
Management for the Administration of certain commercial rafters taking out at
Wingo Junction and set second reading and public hearing to July 25, 2012.
Commissioner Ittner seconded the motion. Motion passed 5 to 0 with
Commissioners Owsley, Hatfield, Richards, Newman and Ittner all voting aye.
CONSENT PUBLIC HEARINGS, 2"° READINGS:
BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING JULY ll,2012
SECOND READING AND PUBLIC HEARING ON ORDINANCE VACATING A TRAIL
EASEMENT ON SPAROVIC LOT 1-A AND ACCEPTING A NEW TRAIL EASEMENT
AND RIVER ACCESS EASEMENT FROM RIVER SANCTUARY LLC — MOTION TO
APPROVE ON SECOND READING
STAFF• BARB D'AUTRECHY, OPEN SPACE AND TRAILS
Dale Will gave the presentation on this item as outiined in Barb D'Autrechy's Agenda
Item Summary as she was unable to make today's meeting.
Chairman Owsley opened the hearing to public comment. There being none, he
closed the public hearing and asked for a motion.
Commissioner Richards moved to approve the Ordinance Vacating a Traif
Easement on Sparovic Lot 1A and accepting a new Trail Easement and River
Access Easement from River Sanctuary LLC on second reading. Commissioner
Hatfieid seconded the motion. Motion passed 5 to 0 with Commissioners Owsley,
Hatfietd, Richards, Newman and Ittner atl voting aye.
SECOND READfNG AND PUBLfC HEARING ON ORDINANCE ACCEPTING
TEMPORARY CONSTRUCTION EASEMENTS AND A PERMANENT EASEMENT
FROM PROPERTY OWNERS ALONG COAL CREEK ROAD FOR THE COAL
CREEK CULVERT REPLACEMENT PROJECT — MOTION TO APPROVE ON
SECOND READING
STAFF: G.R.FIELDING. COUNTY ENGINEER
G. R. Fielding proceeded with his presentation as mirrored in his Agenda Item
Summary.
Chairman Owsley opened the hearing to public comment. There being none, he
closed the public hearing and asked for a motion.
Commissioner HatField moved to approve the Ordinance Accepting Temporary
Construction Easements and a Permanent Easement from Property Owners along
Coaf Creek Road for the Coa1 Creek Culvert Replacement Project on second
reading. Commissioner Newman seconded the motion. Motion passed 5 to 0 with
Commissioners Owsley, Hatfield, Richards, Newman and Ittner aif voting aye.
SECOND READING AND PUBLIC HEARING ON RESOLUTION AUTHORIZING
PITKIN COUNTY TO PERFORM CONSUMER PROTECTION SERVICES ON
BEHALF OF THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT — MOTION TO APPROVE ON SECOND READING
STAFF: C1NDY HOUBEN COMMUNITY DEVELOPMENT DfRECTOR AND BRIAN
DAUGHERTY, PITKIN COUNTY ENVIRONMENTAL HEALTH
Ms. Houben introduced Kurt Dahl, the new Manager of the Pitkin County Environmental
Health department. Ms. Houben informed the board that Mr. Dahl comes with a lot of
BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING JULY I1,2012
experience. He is the President elect for the Colorado Chapter of the Environmental
Health Association and has a lot of experience in onsite waste water systems, treatment
systems and consumer protection.
Chairman Owsley opened the hearing to public comment. There being none, he
closed the public hearing and asked for a motion.
Commissioner Newman moved to approve the Resolution Authorizing Pitkin
County to Perform Consumer Protection Services on behalf of the Colorado
Department of Public Hearing and Environment on second reading.
Commissioner Richards seconded the motion. Motion passed 5 to 0 with
Commissioners Owsley, Hatfield, Richards, Newman and Ittner all voting aye.
LAND USE PUBLIC HEARING:
CONTINUED READING AND PUBLIC HEARING ON RESOLUTION DENYING TWO
CONSTRAINED SITE TDRs FOR PARCEL 7 OF SECTION 36 TO DAVID BROWN
AND JODY ANTHES — MOTION TO CONTINUE TO JULY 25, 2012
STAFF: SUZANNE WOLFF. SENIOR PLANNER
APPLICANT: David Brown and Jody Anthes
REPRESENTATIVE: Mitch Haas, Planner
SUMMARY OF REQUEST: The applicants are seeking to have the parcel
deemed a constrained site based on the archaeological resources identified on the
property, and to obtain two TDRs in exchange for severing all future development rights.
In addition, the applicant agreed to designate the parcel to the Historic Register as an
archaeological site, if two TDRs are granted.
The BOCC continued the hearing on May 9 and conducted a site visit on June 7. The
BOCC considered the application on June 27 and continued the hearing to allow the
applicant to further address the preservation of the archaeological site. Staff memo and
minutes from June 27 are attached to staff's packet material.
Lance Clarke, sitting in for the vacationing Suzanne Wolff, informed the board that the
applicant and staff have agreed to a continuation of this item to July 25, 2012. He said
that Dale Will, Director of Open Space and Trails looked into some other directions
where Open Space might be able to help, as directed by the board at the last hearing.
Mr. Clarke said that there are some archeological conservation easements and Mr. Will
has been in touch with the group that does them and the group even goes so far as to
prepare management plans for these types of sites and they even perform some
services for free. Mr. Will is trying to continue and enhance that discussion. There was
an understanding by those involved that this may take up to a month for Mr. Will and the
archeological group to get this together, but the applicants requested July 25, 2012 as
the continuation date.
BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING JULY 11,2012
Commissioner Richards moved to continue the Resolution Denying Two
Constrained Site TDRs for Parcel 7 of Section 36 to David Brown and Jody
Anthes to July 25, 2012. Commissioner Hatfield seconded the motion.
Chairman Owsley opened the hearing to public comment. There being none, he
closed the public comment portion and called the question.
Motion to continue to July 25, 2012 passed 5 to 0 with Commissioners Owsley,
Hatfield, Richards, Newman and Ittner all voting aye.
LAND USE ACTIONS:
READING ON RESOLUTION GRANTING APPROVAL FOR THE ELAM GRAVEL PIT
MINOR AMENDMENT TO A DEVELOPMENT PERMIT— MOTION TO APPROVE
STAFF: MIKE KRAEMER, PLANNER
APPLICANT: Elam Construction, Incorporated
REPRESENTATIVE: Gayle Lyman
SUMMARY OF REQUEST: The applicant is requesting to amend a previous
BOCC Resolution to allow for an increase in permitted night operations at the gravel pit.
Also requested is the use of the existing concrete batch plant and to increase the
maximum number of truck loads per night from 40 truck loads to 60 truck loads.
The reason for this request is because the applicant has been awarded the contract for
improvements to the Aspen/Pitkin County Airport south deice pad apron and service
road improvements, connector taxiway "A3", and runway safety improvements and
drainage on the north and south portions of the runway. It is stated that the majority of
improvements to the airport are needed to be performed during the nighttime hours and
the current maximums are requested to be increased.
Lance Clarke, Assistant Director of Community Development gave the presentation on
this item as shown in Mike Kraemer's staff memorandum. Mr. Clarke noted that Mr.
Kraemer was on vacation at this time.
Representing the applicant was Gayle Lyman, Environmental Property Manager for
Elam Construction and Todd Bauer, President of Elam Construction. Elam
Construction's request is attached to staff's packet material. In securing the successful
low bid for the improvements at the airport, Mr. Lyman explained that they will have to
work at night after the airport closes. Work would most likely begin around midnight and
stop around 5:30 in the morning.
This minor amendment would allow for an increase in permitted night operations at the
gravel pit. They are also requesting use of the batch plant and increasing the maximum
BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING JULY 11,2012
number of truck loads per night from 40 truck loads to 60 truck loads and an increase to
20 night operations instead of the 10 night operations they currently have.
Mr. Lyman assured the board and the public that there would be no mining or crushing
at night.
Commissioner Ittner wanted a complaints protocol set up for those who had any
complaints during these additional nighttime operations.
Mr. Clarke said that there would be no one available at 2:00 o'clock in the morning to
answer the phone in Community Development, but the public could certainly leave
messages that would be responded to the next morning. Pitkin County Community
DevelopmenYs phone number is 970-920-5526. Mr. Clarke also suggested called the
Elam Gravel Pit directly with any complaints as there should be someone there during
the night operations.
Chairman Owsley would like a flashing light or some type of warning system to let
people know trucks would be pulling in and out from Elam's pit during this time.
Mr. Lyman said he would see to a warning system, but informed the board that
condition 16 in the original Resolution (052.2009) covers the requirements regarding
traffic control plans.
Gail Braun and her attorney, Jody Edwards, had no objection with the amendments with
Gayle Lyman's assurances.
Jody Edwards did tell the board that there have been problems with the last approval
given to Elam and things are not working out very well with the revegetation and other
issues. But, he said that he would bring these to the board's attention when they come
back in for Elam's yearly review.
Commissioner Ittner moved to approve the Resolution Granting Approval for the
Elam Gravel Pit Minor Amendment to a Development Permit. Commissioner
Hatfield seconded the motion. Motion passed 5 to 0 with Commissioners Owsley,
Hatfield, Richards, Newman and Ittner all voting aye.
CONTINUED READING ON RESOLUTION APPROVING THE DEADWOOD RANCH I
LLC AMENDMENTS TO BOCC RESOLUTION NO. 059-2010 (MIDDLE RANCH CD-
PUD PLAN) — MOTION TO APPROVE, AS DISCUSSED AND AMENDED
STAFF: SUZANNE WOLLF, SENIOR PLANNER
APPLICANT: Deadwood Ranch I LLC
REPRESENTATIVES: Mitch Haas, Planner
BOARD OF COUNTY COMMISSIONERS 8 REGULAR MEETING JULY 11,2012
SUMMARY OF REQUEST: The applicant is requesting to amend BOCC
Resolution No. 059-2010 as follows:
• Clarify the allowed usage of the two historic cabins
• Exempt the floor area of the two historic cabins
• Allow the restoration work on the historic cabins to proceed without triggering the
• requirement to construct the new driveway
The BOCC continued this hearing on May 23, 2012 to allow the applicant to address
issues raised at the hearing. The minutes from May 23 are attached to staff's packet
material. The applicant submitted an update/revision to the application dated June 6,
2012. The revisions include:
• Deduct the total square footage of the large historic cabin (approximately 850
square feet, including a small addition for a bathroom) from the 3,000 square feet
available in the CD-PUD zone district for special review uses, one of which is a
ranch manager's unit. Thereafter, 2,150 square feet of floor area would be
available for a ranch manager's unit or other special review use.
• Complete the exterior and interior restoration work on the historic cabins
simultaneously, with a condition prohibiting issuance of Certificates of Occupancy
for the cabins until such time as the Fire Marshal deems access to the property
adequate.
The revisions are discussed in more detail in staff's packet material.
Again, Lance Clarke gave the presentation on this item as outlined in Suzanne Wolff's
staff memorandum, as she was on vacation.
i4s Commissioner Richards was not present at the last meeting on this item, she wanted
to reiterate what the three options were that the board had. They were:
➢ 850 square feet out of future uses.
➢ 8250 out of the two primary residences
➢ One of the two CDUs that are allowed.
Mitch Haas, representing the applicant Jerry Parker, said that Lance Clarke covered it
quite well. He said he didn't think he had to rehash that. Since the last meeting, he has
spoken to the applicant and for the record, Mr. Haas said that there are definite plans to
come back eventually with a ranch manager's residence proposal for special review.
Mr. Haas added that the applicant has agreed to accept the proposal from the
Commissioners to basically take whatever the final built cabin size is. They would do an
FAR calculation once it's built and have it confirmed by County Zoning Office, Joanna
Schaffner and have that amount deducted from the 3000 square feet potentially
available for any special review uses. The plan is to use it for a ranch manager's
BOARD OF COUNTY COMMISSIONERS 9 REGULAR MEETING JULY 11,2012
residence. That would be confirmed and put in writing before the applicant would ever
be allowed to apply for any special review square footage.
Mr. Haas continued that the applicant does not want to eliminate the Caretaker unit.
The applicant told Mr. Haas that he feels it's important to have it up where the homes
will be and not down at the bottom of the property. He also suggested a limitation on
use of this guest house. Those limitations he suggested were: no more than two weeks
at a time, no more than 26 total weeks in any calendar year, limited only to his family
and friends, no public use, and no renting out. He also suggested that no Certificate of
Occupancy (hereinafter referred to as CO) be issued until the access to the property
satisfies the Basalt Rural Fire Marshal. Mr. Haas said that the applicant has already
begun to work with Sopris Engineers on the construction design drawings for the
approved driveway, but doesn't want to build that right away. There's a ticking clock on
when these restoration projects have to be completed so he wants to undertake that
effort first and there would be no CO, no use or occupancy of the structures until the
other driveway is built.
Mr. Haas said that all the conditions are acceptable; however, he would like to add
some wording to the end of condition number 3. He said that the square footages of the
cabins are just approximate numbers right now.
SUGGESTION FOR ADDITION TO CONDITION #3 FROM APPLICANT - Mr. Haas
suggested adding to the end of condition number 3 as follows: The final floor area of the
restored larger cabin shall be confirmed with the Pitkin County Zoning Officer prior to
application for any special review uses and remaining available floor area for such uses
shall be determined accordingly.
SUGGESTION FROM COMMISSION NEWMAN - Commissioner Newman gave
another suggestion as well. He said as a sort of compromise in between because we
don't know when these homes will be built and we don't know how many CDUs will
actually be needed and we don't know when the ranch manager's home will be built.
Perhaps we can look at this historic cabin, which in his mind is really another CDU. If
we can word this as follows: that the historic cabin would replace a CDU if a ranch
manager's house is not built, otherwise that square footage could come off the ranch
manager's house.
Further discussion ensued.
Mr. Haas said that he understands where the board is coming from and he doesn't think
it's an unreasonable suggestion.
Commissioner Ittner likes Commissioner Newman's suggestion regarding having this
historic cabin be one of the CDUs, but he thinks there are time constraints needed. If
you build the two houses and the two CDUs, so now you have three CDUs on two
houses, but you haven't built the other one. Let's say the time period elapses, does that
mean you have to get rid of one of the CDUs?
BOARD OF COUNTY COMMISSIONERS 1 O REGULAR MEETING JULY 11,2012
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Mr. Haas said he thinks what Commissioner Newman was suggesting was that the
applicant wouidn't be allowed to buiid a second CDU until we get a special review for a
ranch manager's residence and then the cabin is not a CDU and you can build the other
CDU then. He doesn't want to think about time constraints as this property still has
another 19 years of its vested rights.
Commissioner Ittner and Commissioner Richards support Commissioner
Newman's suggestion.
CLARIFICATION OF COMMISSiONER NEWMAN'S SUGGESTION - Lance Clarke
reiterated what Commissioner Newman was saying. He said that only one CDU can be
built until the determination is made, finally, that there will or will not be a ranch
manager's unit. If there is to be a ranch manager's unit, the second CDU can get built
at that point, but the square footage gets taken out of the ranch manager's house.
NOTE: Mr. Haas suggests the wording on this suggestion with a carrection by
Commissioner Newman and additional wording by Commissioner Richards: The :
restored historic cabin will count as one of the two potential Caretaker Dwelling units
until such time a special review approval is granted for and a ranch manager's unit (or
other special review use) is built. And then a second sentence would read: Further, the
allowed square footage of 3000 square feet shalf be reduced by the actual built FAR of
the restored historic cabin.
NOTE: Mr. Clarke clarifies that the restored historic cabin is going to be a maximum of
100 square feet for an addition.
NOTE: Mr. Haas adds that there's another condition requiring that the Historic
Preservation Officer review and approve all the restoration and addition plans.
NOTE: Mr. Haas also stated that they are not actually going to file the CDU deed
restriction or use it as a CDU at this point. They can't even get a CO until the road is
built and access is in, but it would count as one of the available CDUs and we couldn't
come in and ask for two CDUs until this happens.
ADDITION TO CONDITION NUMBER 4— Commissioner Newman wants wording
added that says the historic cabin, although not deed restricted, cannot be used as a
rental property. .
Commissioner Newman moved to approve the Resolution Approving the
Deadwood Ranch I LLC Amendments to BOCC Resolution No. 059-2010 (Middle
Ranch CD-PUD Plan), as discussed and amended. Commissioner Ittner
seconded the motion. Motion passed 5 to 0 with Commissioners Owsley,
Hatfield, Richards, Newman and ittner all voting aye.
BOCC OPEN DiSCUSSION:
Jon Peacock, County Manager, brought back to the board an item that was briefly
discussed yesterday at the board's Work Session. He handed out a list of those people
who have been interviewed for various citizen board positions by the BOCC. He
BOARD OF COUNTY COMMISSIONERS 11 REGULAR MEETING JULY 11,2012
discussed the list with the board to get their final responses to several positions as
follows:
➢ Animal Shelter (2 openings) — 1 joint position and 1 County Alternate
OUTCOME -Yesterday the board directed staff to forward the names of
both interviewed applicants to the City of Aspen to consider for the Joint
Applicant Position and then consider the other applicant for the Alternate
Position.
➢ Housing Authority— Kristin Sabel resigned. Marcia Goshorn re-appointed.
This leaves one vacancy on the board. Steve Stunda is the one applicant
that has been interviewed. There are no other applications to Mr.
Peacock's knowledge.
Commissioner Hatfield and Commissioner Richards had concerns with conflicts
of interest with Steve Stunda. Commissioner Richards thinks we should re-
advertise this position and allow Steve Stunda to apply for another board.
Commissioner Ittner added that there's value in having his kind of experience.
Chairman Owsley shares Commissioner Ittner's views. Commissioner Newman
is willing to agree to re-advertise, but he could support Steve Stunda.
OUTCOME —This position will be re-advertised. Jon Peacock will return in
one month to tell the board if there are additional candidates and see if the
board wants to reconsider Steve Stunda's candidacy.
➢ Citizen Grant Review Committee — I youth position vacant. 2 renewals
awaiting decisions and 4 new applicants:
The board wants to appoint Kidd Duhe Solomon to the Youth Position.
Commissioner Ittner said that he wants to explore the possibility of whether this
should be a seven member board made up of five regular and finro youth
positions. Chairman Owsley said that is a good suggestion, but it's very close to
their August reviews and he would be reluctant to change it now and he's not
sure that they could. But, he would entertain talking to Nan Sundeen and Mitzi
Ledingham and looking at their Articles and see what is involved and do it for a
year or at least in January. Commissioner Hatfield would initiate this now.
Commissioner Richards is open to the idea of the suggestion, but she has
concerns with the timelines. Discussion ensued.
OUTCOME — Chairman Owsley said that he thinks given the applicants,
they can handle the workload for this particular calendar year and we'll
address the issue later. Mr. Peacock will bring this discussion back to the
board. Commissioner Ittner wants this brought back sooner than later.
Commissioner Hatfield proposed re-appointment for poris Downey.
OUTCOME — Doris Downey appointment supported by rest of the board
Commissioner Hatfield proposed re-appointment for Ashley Connolly.
OUTCOME — Commissioner Richards will not support this re-appointment.
The rest of the board was comfortable with this re-appointment.
Commissioner Newman proposed Robin van Domelen.
OUTCOME —The rest of the board was also in favor.
BOARD OF COUNTY COMMISSIONERS 12 REGULAR MEETING JULY 11,2012
DIRECTION TO STAFF - Commissioner Hatfield would like a letter sent out to
those not appointed to the Citizen Grant Review Committee adding that the
BOCC is considering expanding the size of that board.
After the board appointments were reviewed, Mr. Peacock and the Commissioners went
over future meetings and agendas, discussed a CCI fund raiser, high level strategic
planning areas, staff working with broker on housing purchase, Health Care Summit end
of August, and responding to exterior threats. Mr. Peacock did not yet have an update
on the Red Butte Ranch for Commissioner Newman but would speak to John Ely about
it.
ADJOURNMENT:
Commissioner Richards moved to adjourn the regular meeting at 2:41 PM.
Commissioner Hatfield seconded the motion. Motion passed 5 to 0 with
Commissioners Owsley, Hatfield, Richards, Newman and Ittner all voting aye.
BOARD OF COUNTY COMMISSIONERS 13 REGULAR MEETING JULY 11,2012
_
Respectfully submitted,
c
n e R. Dean
ler to the Board -f ounty Commissioners
Jea tte ones
Cle to the Board of County Commissioners
r.
ch el M. sley
Chair of the Board of County ommissioners
g\bocc\m i n utes�2012\s pec\07112012
BOARD OF COUNTY COMMISSIONERS 14 REGULAR MEETING JULY 11,2012