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PTTIQN COUNTY COMMISSIONERS � . �'4;
WORK SESSION AGENDA �'� '=.;:
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�� Loca6on: Plaza One Conference Room � s• f
T[LF.�DAY NOVEMBER 14. 1995 � � s
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�� 10:00 AM 1. Natural Gas Transportation Agreement,Tom Newland r:� �
�j 2. Memos of Interest ''"`K
� 3. BOCC OPEN DISCUSSION }•,'' �
=j Agenda Requests/Future Agendas
10:05 EXECUTIVE SESSION '� a
Potential Litigation, Gary Esary . �1
Potential Litigation,John Ely � .P..
• Commissioner Appointment Discussion,John F1y
Land Negodaflons,John Ely
ADJOURN SPECIAL MEEfING ,.;
11:30-1:00 JOIIVT SESSION WITH CITY COUNCIL - it
4. Agenda: Entrance to Aspen Draft EIS
` ' � Location: Plaza One ,
(Lunch Provided by City) �{
#� 1:30 PM 1996 BUDGET PRESENTATION _
� Clerk&Elec6on,Library,Translator '��-,
� 2:15 Airport
3:15 Administrative Services
� 5:00 PM ADJOURN
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� V 5:30 PM SPECIAL MEETING-Dishrict Court �
Land Use Public Hearing '
Rural/Remote Rezoning and Cade Amendments,Cindy Houben,
_'�• `� Ellen Sassano.
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BOARD OF COUNTY CO1bIIVIiSSIONF.EtS ���•:- ���
PITKIN.COUNTY,COLORADO ;�'=� �`";
SPECIAL MEETING '�`=..
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NOVEI�BER 14, 1995,5:30 PM-TUESDAY � •�:
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Present and voling: Chairperson Mick Ireland,Williazn Tuite,James True and Wayne Ethridge. �t ,,_ ,;
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Public Members Identified as Present: Betty LaMont,Roz Turnbull,Tom 1lirnbull,Jacr Arbaney,Jim Auster,Joe as;`: j
Welis,Mazk Neislanik,Nancy Boot6e,Dave Hopkins,Walter Weiben,Bob Perry,Wilk Wilkinson,and Daa Shipp. {?<-
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RURAL AND REMOTE ZONfNG CONSIDERATIUN-Mick Ireland opened the public hearing on t6e 7th �`:r�� '
meeting on the issue of Rural and Remote Rezoning. Mick aske�the public to limit theu comments to matters which
have not been heazd before. Throughout the past six meetings he noted that the comments tend W drive direcdy into ''%::- -
certain issues again. A sign up sheet was passed azound for the public to sign up to speak. ���. :
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; Cindy Houben introduced the item for the Boazd of County Commissioners. She read the intent}anguage from thF
proposed ordinance as follows: '.`�t
"The intend of the Rural/Remote Zone District is to preserve the natural euvironment and the low scale,low !,'•
density backcountry chazacter;to minimize environmental degradation and retain open space;to balance y��t
recreacionai uses and limited development. This zone district applies to azeas of the County which aze
removed from emergency services and traditionat services(such as electricity,phone service,year mund and �,
` road maintenance,and central water and sewer). T6ese lands aze often encumbered by a variety of natural
- ' hazard azeas such as steep slopes,avalanche,wiidlife or wildfire. Typically,lands within this wne aze
' subalpine and alpine. Among other qualities,subalpine aod alpine ecosystems function to coliect,store,fiiter
and distribute water for all the in-stream,agricultural,municipal,domestic,industrial and recreation purposes
� for which water is essential. As such,these ecosystems represent a unique environmentai resource in the
communitY. • �:`;¢�
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Laads within this zone contain qualities and resources which aze intrinsic to the cdazacter of the Community.
� These lands maintain a unique lifesryle alternative for backcountry individuals,protect the integriry of the
� lazger overall ecosystem and provide backcountry(non-wilderness)winter and summer low impact
; recreational uses."
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Cindy Houben reviewed the history of this issue,and spoke about the existing situation in the zones which have been .
studied for rural and remote wning azeas. The reason the intent is so important is to look at the changes in the '
__.. . _ community and the things that are happening in the coaununity and for all to remember the fact that the community is
� faced with larger homes up on the Little Annie azea,such as Yellin and Nye. She acked that everyone take a look at °
what that means in terms of ihe changes of chazacter to these azeas and in terms of what required services the County a�
may now be expected to provide to these azeas. � �
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' Cindy Houben explained that it has been the County's experience that lazger homes on an average have more F •
bedrooms and the smaller homes have fewer bedrooms. The way in which the County looks at the number of people �� '
associated with each unit is based on the number of bedrooms. The Land Use Code has a standazd to look at how
many people there aze per bedroom. 'fiey then estimate population counu and impacts as faz as services,afFordable
housing requirements and many other provisions in t}ie code that relate back to the be�room count. Staff has a hazd �
time determining,in some of the larger homes,what is a bedroom or what is not a bedroom. Staff feels there is an
' indication that as the square footage increases,so do the number of hedrooms,as weli as the number of rooms in the �:
suucture. Cindy noted a report done by the Aspen School Disuict which indicated that the more bedrooms in a a;:� ���-:
home,the more studenu were in the school district. This supported ihe County's theory that the number of �
bedrooms equate to the number of people,tt►us increased demand on County services.
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• Board of County Commissioners of Pitldn County Page 2 ;� ,':'.
Minutes of November 14, 1995 ,`i;a` "
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Bob Braudis Pitkin Coun Sheriff, tained that ublic safe enForcemen emer enc medicai search and rescue •�'!' ��'
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and fire are all reasons certain people choose to 3ive in a commuaity. If given enough money,service levels can be
� acceptable. Growth is a major impact on those services. He expiaiaed that the Sheriff's Depactme.nt is now finding ;'`'��;i- .
� itself responding W burglar alarms 45 minutes away from the CouRhouse. That is one to 2 hour service. He spoke ':._c ., .'.'"
about statuto res onsibilities,includin wildfire. If growth is enco 4` �
i ry P S uraged in rural and remote areas that aze not !- , f.
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included in spec[al tax districts,then the SherifFs Department is in chazge of suppressing that fire. He expfained that , i
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by the time they get to respond to a fire in the rural and remote area,they are only saving the foundation. Bob ; :�:,.�;?: ;'
- - pointed out that if a home is built in an avalanche azea,ihey will be performing search and rescues ia places whece ��.�?
homes and people did not ezist previousiy. Growth threatens the governments ability to provide historical levels of E '� �
service. Bob explained that if the growth calls for service increase,they will have to ask for more money. If they �`��`"-::� '
don't get the money,a drastic degradation of the level of service that we have all become used W will occur.
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; Responding w emergency,wildlife,search and rescue and keeping peace is ihe Sheriff's responsibility.
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A member of the public offere�that all of back country uses,i.e.,hut systems,hunting,hiking is also a demand on
the sheriff's service. .' T?
Bob Braudis explained that back country use must be thrown into the formula to determine what is best for the
general population of Pitkin County. �'��.
A member of the public asked if there is any.indication that there aze more calls to a house of 1000 s.f.rather ihan a , �?
. f house 2500 s.f.
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Bob Braudis explaine�that they have not broken their cails for service down inw house sizes. However,a 15,000 €
p s.f.home usuaily does not plow 6is owa driveway,do his own gardening,or clean his own bathrooms. So there is a
� ripple affect in the trophy homes which generate employees. He attested that t5e huge homes have created jobs that �'
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t require humans w fill them. As a result,there is more commudng,more people in the valley,becanse of the luge >?��
� homes. Bob does not believe there is a big difference between a 1000 s.f.and Z500 s.f.6ome. '�
� A member of the public asked if there aze any statistics that there has been any demand for increase of services over
� the past ten years relating direcdy to development in the oudying areas of the Counry. ,
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i Bob Braudis does not have any statistics but he said he could generate them. He knows that the calls for service
include the oudying areas and that the fardier away you aze from the core of Pidcin County,i.e.,the Highway 82
'a � conidor,the longer a Deputy Sheriff hu to travel to get there and tcavel back w gex to where most of the activity is.
, A member of the public asked if Bob could recall any specific instances where the deparhnent was stresse�because
I of development in the oudying azeas. .
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' � Bob Braudis explained that ihey aze responding to burglary alazms in Thomas Creek. As development cecu�s in the
j upper Frying Pan azeas there are more calis to that area. RedsWne is demanding more services. Statistically he f_ '
! could break it down in the geographic azeas. Bob said that they do not break down the responses into tourist or
I resideatial response.
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� A merober of the public reminded everyone that the County consists of the entire County even though the Sheriff is
based in Aspen. The residents on the outer reaches of Pidcin County should have the same services and level of �
services offered to Aspen metro residents. =y'�
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Bob Braudis believes that there is going to be a need for more Deputy Sheriffs within the next year or nvo or se�vices �`
will be dropping.
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Board of County Commissioners of Pitldn County Page 3 t� :� .:.�
Minutes of November 14, 1995 ,, .,: ��:`��
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Cindy Houben spoke about the danger w service providers and asked Bob to speak on this matter. t",:�,.,ti�
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Bob Braudis explaiaed that Doug Hamilton died in a tepee in a residential area. The 5heriffs Off►ce had W make an i -
infarmed decision whether or not to go into a known avalanche azea,during a white out to attempt to look for poug. � �� •'
The Sherift's Office policy is that you don't spend lives to save lives. They had to toil with that decision in this �,",~� ,- 's•:
� instance. Accessibility,avalanche and wildfire wnes is something which needs to be considered when rural and �;. . �
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� remote azeas aze being develope�. The crime rate is not a function of police activity in Pitkin County. Lt genecal, I�'�°;';_,._ "
_. I this is a very peaceful valiey. The Sheriffs Office is included in wildfire and avalanche land use reviews. .���.
, Developers bring in their own experts and Bob believes that the Counry should hire their own avalanche,wildfire an '
biologists on staff to make determinations on land use applications. -
There was a quesdon as to whether downzoning lazge pieces of Pitkin Coumy is a function of the Boazd in order to �"�
avoid having to send officers to the remote areas that aze geographically going to generate more and more calls. Is °.�
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there not an altemadve to making Aspen the hub?, ��..
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Mick Ireland did not think this was an appropriate question for Bob Bcaudis but explaine3 that it should more "
appropriately be addresse�by the Boazd of County Commissioners. Mick ezplained that Bob is not making decisions �:
in this instance and should not be cross-examined by the public. '�'�n
� Cindy Houben is attempting to bring out all of We factors of the Rural and Remote zoning. She explained that while
i emergency services is one factor,the whole chazacter issue of the backcountry is another. Impacts on resources is
' i another factor in ternLC of the fragile environment and the ecosystem. The approach ac far as the 1/2 mile zone of
! influence is an approach learne�from the Didision of Wildlife in protection of some of the larger species. This is a j
� standazd that has been in the Land Use Code for a number of years and that is why staff chose to use that here under
the guidance of the Division of Wildlife. �;4��
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Cindy Houben explained that they have looked at recent sales in the Assessor's O�ce to see what has happened since i
. i the wne district went into effect in the Little Annie area. The Urshcel property sale was an extraordinary$500,000
sale under the limitadons of the Rural and Remote Zone District. Another sale that took place is a 1Z acre piece of
propecty towards the lower end,9200 foot elevazion,and was recendy purchased by a women who was tully aware of
- the Rural and Remote Zone District limitations That property sold for 5246,000. `?'
Cindy Houben offere3 to overview changes which have been made to the Ordinance since the last meeting based on
commenu offered by the Boud and direction given by the Boazd,as well as walking through some changes staff
-�-----� made since the packet came out. '
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The following was changed in the ordinance: ' '
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, • Gardening outside of the building envelope up to 50'x50'in size. ;
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• Agricultural operations and practices which were in existence prior to the adopUOn of thu regulation
will be allowed.
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� • Fences which meet DOW standazds and aze located outside of critical wildlife habitat as defined by �'
the Pitkin County Land Use Code aze now allowed. _
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• Termination of noxious weeds(as defined by the Pitkin County Land Management Depaztment) 1 ,
j within and ouuide of the building envelope aze now allowed. _ �_`
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Boatd of County Commissioners of Pitkin County Page 4 , ��
Minutes of November 14, 1995 �-..' .�'�°�
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- Fences which meet DOW standazds and which aze located in the critical wildlife habitat and/or �•.�.::,a
- ± migration corridors as defined by the Pitkin County Iand Use Code aze now special review uses. �.�
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� • They have removed the qualification that uses such az water,sewage disposal and ezpansion of the *�•
� fooiprint of the structure up ro 1000 s.f.,must be below the subalpine ecosystem,from the special :;;:, �'
review use category. ;a::::•.: :�
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Extension of utilities such as electricity,water,sewer,telephone and cable which adequately address ;r: .
specific issues in addition to the special review criteria of Section 3-210.10 has been added to the :.�r:.:?-.
- � Special Review Use category. `+;;,;�.
• A revision made to prohibited uses is prohibiting the eztension of utilities. .'� ..
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• Language was added stating that the provision does not prohibit the general gathering of Firewood '�1
from dead fall nor does it prohibit the grazing of animals which have historically grazed the pazcel -� .
prior to�e adoption of the regulation.
I • The ordinance has additional language to relate to the process and timing relative to the TDR reviews. .r
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_ • 'Ihe elevation of the subalpine zone begins at 9000 feet and the alpine zone at 11,400 feet. The �
reference to thaz elevation in the ordinance has been changed appropriate. .
• The Frying Pan River Ranch has been removed from the RR zone disuict.
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• The Little Annie map has been altered to include tl�e I/2 mile wne of influence Janguage.
• ' � Cindy Houben began addressiag items which were not discussed in the staff memorandum. She referred to page 3 of � r .
; the proposed ordinance. �
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"9. All publiciy owned lands incIuding U.S.F.S.boundazies and/or owned by the BLM,wid►in the �
' define�Rural and Remote study areas. . . ." �
; "10. Criteria for identi in areas ��
,_,__ fy g appmpriate for inciusion the RR zone must include as least four of the
> following chazacteristics. . . " Then"A"will become the 1/2 mile discussion,B.,C.,D.,E.,F., �
� G.,H.,I.,etc.will be Iisted."
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Just before 11.on page 4 of the draft ordinance,staff proposes some wording to further describe some of the ,
. ezceptioas:
. . .exceptions have also been made for known existing,approved subdivisions and where residential �' ` '
neighborhoods aze establishe�az further described on the attached maps and the written descriptions of We �
study areas aod boundaries."
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The Frying Pan River Ranch language has also been added to this section of the Ordinance. ` e,,.'.�
'� A d�nition for the alpine and subalpine zone disuicts has been added to the ordinance. i; ��:'
Page 5,provision 12.has additional text adding another chazacteristic. i� .{, '
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Board of County Commissioners of Pitkie County Page 5 �r �'`
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Minutes of November 14, 1995 ,;...,, _�.,`
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"After review of environmental issues,emergency impa�s,and impacts on the character af the back country, • �.�
! tbe BOCC. . . �•� .
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Page 9,provision 21,speaking to allowing additional density on a parcel has been changed as follows: �,'..' `
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"Existing dwelling uoits may be deducted from the allowed density if they are eaciscing legal unitc,and deed .;;.:;'J_ :_
cestricte,d to be occupied by residents as determined by the Housing Authority Guidelines,however,year �;'`:'::R.
mund occupancy of this unit s6a11 not be required." :.�'.:<;,�_��,
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Page 11,provision F.is being deleted,which refernd to the number of permits which would be allowed per study
area.
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I Page 11,provision G.was altered to make the determination by the BOCC rather than the P&Z. . '` w
Cindy Houben began discussing the Transfer of Development Rights provisions. She noted technica[wmputer
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problems associated with the c6arts which did not come out on the print out. This has been revised with respect to '
the naw numbering system. Cindy aiso pointed out a change to Exhibit'E". �=
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� Mick Ireland explained that public comment will be taken based on the sign up sheet,but others can still comment or j�
extended comments wili be taken at the end. He aske�that comments be limite3 to the changes offered by staff at �"
€ today's meeting.
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� Bob Perry aske3 why there is a limit on the size of a gazden. Ae believes a 1000 s.f.garden is too sma1L He also �
wants to know if he can cut greeo trees for fence stays on his property. He asked about non-commercial recreation
and if he can put in a hydro-plant for power. Winter maintenance is prohibited on Page 9,and 6e thinks that is �;+�
unfair. Ae also reminded the Commissioners that wells aze state controlled. ;�„_•
Cindy Houben explained that the size of the gardens aze restricted outside of the building envelope. The size of the
� garden is related to the amount of disturbance in the fragile ecosystem and this is the reasoa or the proposed
limitation. Cindy Houben explained that no disriubance to any living,native vegetation outside of the building
� envelope is to be allowed. Residents would not be allowed to cut green uees. ' 4`
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� Discussion ensued on the stays using green trees. . � "
�-- - Mick Ireland explained that things at 9000 foot elevation take a long time to grow.
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' Bob Percy explained thac gardens grow faster at 9000 feet than at 6000 feet because they compensate for t6e shortet ;.�
growing season.
Cindy Aouben explained that ea�amples of non-commecciat reereation inetude hanging out on che property,camping ' � .
on the property,riding bicycles on property,non-commercial oriented uses. They were begioning to see jeep tours
� and people being taken to the top of a dirt road and let out on bikes to ride down. This is intended W be prohffiited. k
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Bob Perry asked if picking mushrooms is considered a commercial operation. �' .
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Cindy Houben said nature walks as compazed to commercial activity needs to be addressed. Cindy believes that s,+ , •'-'-_�
hydro-plants may be appropriate on a limited scale in cectain iastances. �
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Jim True believes and proposed that hydroplants aze appropriate,at least,under special review. Staff concuaed. '
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Baard of County Commissioeers of Pitldn County Page 6 � ..�' +•!
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M'inutes of November 14, 1995 �'°� `c;
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Discussion ensue�about the use of gteen aspen trees traditionally for fence stays making it an allowed use because it i •„;:�:;1�
' is grandfathered in. `
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! Wayne Etluidge explained that the stays is not something which is a concern as much as where the County has seen i '.-,c :. .
areas clear cut just to improve views. i l5"�;.`
s
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Hob Pecry believes ffiat winter maintenance should be allowed and this pait of the ordinance is unfair. � �_ ,.; =
Discussion ensued on we11s and state wntrol of water rights and wells. John Ely ezplained that the State Water , *�`� �
Engineer controis issuaace of water wells and is something that is not direcdy in the purview of the County. k.
f�
Mick Ireland does not see tbe point of putting it in the ordinance because of the sensitive nature of the azea. �
I �� �
Cindy Houbea explained that it originated in ffie ordinance because of the sensitive nature of the area. 1,.� ,
;:�7i
Mick Ireland agress with the reasoning but he does not think the County is in any position to do anything about it. ���' •
John Ely described the distinction between the land use review process and the State Water Engineer's permitting ��':�:r
process for wells and how the two aze related or not and how it could be addressed in this ordinance. The County F '
does not have any control over what the State Engineer does as far as issuing wel!permits. At different points in
ume,the policy of the State Water Engineer changes so that it does,from time to time,consult with the Counry on �
development aspects of properry prior to issuing well pecmits. At present that level of consultation is minimal. It ,�
may char�ge in the future. However,ihe actua!issuance of that permit is in rhe purview of the State as opposed to
the purview of the County. The distinction on this issue is that if the properry owaer comes in and requests
development approval on the pmperty and goes through the 1041 process,the general submission process or a special
review proeess,in allowing or approving that development,the County can condition thaz approval on whaz water ,y�i-
source is going to be available for that development and in thaz respect the County can get invoived with the use or i
. �utilization af water on-site on the property. But the welt itself is estabiished and permitted through the State office
aad not the County.
i
' . DISCIlS510II CIISUCd. �i•
� Wilk Wilkinson addressed Page 3,pazagraph 2,in serving subalpine versus alpine,raises the alpine wne to 11,400 +���
:a � foot,but the subaipine went down to 9000 feet. He asked why this caa move aroaad in such great strides.
Mick Ireland explained that at all the other presentations,except the previous presentation by staff past evening)9000
feet was the established level for subalpine. It was an ovecsight on the part of staff to speak of 9500 feet at the .
previous meeting.
ti
, j
A member of the public explained that in Saze Migeie!Conety they use the 9500 foot elevation line to define ' . , '
subalpine. �
� Wilk Wilkinson believes that 9600 feet is the more appropriate elevation to be established. Wilk asked about TDRs f�'
Iand if they will require oniy a special review while others wili require a three step subdivision review process. He ���'
i believes the County needs to be more realistic about giving something and not encumbepng it with a whole other set �j
' of regulations. ,
:;�. � . � '=
Cindy Houben exptained that there aze situations where a properry does not have to go chrough Growth Management �
or would have to go through Growth Management,but doesn't go through subdivision for a lazgec number of units ''
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Board of County Commissioners of Pitldn County pa8e�
Minutes of November 14, 1995 ��`'° ',r.j
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on the property. In this case,special review would be appropriate. The reason for the other layers is to give people " �`'� '
the ability to do more than just one TDR. If it makes sense for someone to do five TDRs and have a subdivision in .;' •'" �
, the metco azea,then it is only realistic to look at all of the subdivision issues that g along with subdivision and even '��>��.:i� ,
'; though staff agrees that it is another process to have to go through and it does take more time,they believe it would ;, :, .':"
� be unrealistic for the County to throw those standazds out of the window. Certain requirements of subdivision must `•; ,
i bemet. �y:�'. r-
_c__i .
Wilk VYilkinson agrees with this comment,but in order to get the value,taken the amount of property that the County �'.�`;: '
� �<x:.='
I. intends to take doing the TDRs,choices have to be made. He ezplained the choices as being a 1000 s.f.house,
allowe�on a 500 s.f.footprint,two story,or does that get stripped and taken to a developer w get some value for �r�'
i� The process described to give it w a developer is so complex that it is going to reduce the value and the
developer will not have saved any time or money. -
�
Cindy Houben believes that this is a faster process for a developer. As a landowner,you may sell that development
right prior to the whole process without the special review taking place first. The fact that the while value in the ��t
TDR is an exemption from Growth Management is important because Growth Management is only allowed to take `: �*
place one time per year for residential Growth Management in the metro area. Therefore,with tf►is,you are not ���
encumbered by that once a year deadline. �'��
,•
' Wilk Wilkinson explaine�that a lot of these properties aze exempt. Every one of the properties aze exempt_ They ;ij
were subdividefl prior to the subdivision regulations.
Cindy Houben explained that the property where you aze sending the Growth Management right is not exempt. They �
would still require Growth Management. They aze offering Growth Management exemption on those pazcels.
' Betty LaMont state that the subalpine goes down to the valley floor. Betty aiso noted that there aze coughly 150 plus _;�
' landowners involved in the RR downzoning and she asked if anyone gave any thought as to who is goiag to make up
. i
the ta��revenue if this is passe�.
Roz Turnbull would like the BOCC to abandon the ordinance because of the agricultural issues. Governmenfs s6ould
work with people to come up with solutions. They have repeatedly asked the County to bring the landowners,staff 5.
and Commission to the table in the spirit of cooperation to solve this issue. Some progress has been made,but not 'r
nearly enough. The TDR proposal was quickly concocted and needs a lot more work before it is an acceptable .
solution. There is a lot of danger in putting a TDR program out there that doesn't work_ She urged the BOCC to
'� think through what Wilk Wilkinson said about the encumbrances to peaple attempting to use that system. To look for ;
� a receiving site thac is not encumbered by something in this County will be extremely difficult. 3he suggested '
looking at a County cap on house size as a method of growth controi. Roz contends that the ordinance will result in ;
� an approximately 90 peccent squue footage average reduction and average of 5396 build-0ut reduction. She asked �
how the 90 percent reduction improves the landowners general welfaze. She doesn't think the legislation should be
� � passed without looking at the overall picture. She feels the Commission is picking on a specific group of landowners. '
Bill Tuite explained that he agrees that this is a part of a larger picture but believes that if nothing is done until the
� entire picture is looked at,nothing would ever get done. Bill believes that the legislation can be adjusted as TDR ;,��
legislation develops,if need be. `
Roz Turnbull asked what happened to Resolution 95-97 with respect to agricultural operations. Roz asked why ,� r?'�
: TaggeR Lakes and Warran Lakes were excluded from the legislation. � '-
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Board of County Commissioners of Pitldn County paSe 8 r•a�`� <�;
Minutes of November 14, 1995 ��':"•�- �'�''
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Ellen Sassano explained that Taggert Lakes had already submitted a develapment application before the RR legisladon '":.;�'a
discussions began and thus was excluded. EIIen ezplained that the azea also does not meet the criteria. •-y"��'.;�:+,
Mick Iteland explained that a separate task force is being formed w deal with agriculmral lands. Mick explained that �+`�:,.-�
; the proposed ordinance does not govem agricultural lands outside of these proposed wne districts. They do not '�
i create zoning for agricultural lands that aze not rural and remote. , �`r'��
�:::
i
- � John Ely eacplained that the bifurcation of the study azeas was accomplishe3 by Resolution 95-97. The proposed ' r '.
ordinance deals with rezoning in other azeas. It does not affect the study azeas that originally encompassed the down , �;, -
! valley agriculiural areas. The resolution of the Boazd was just to divide up the study areas in order to proceed with '�
fi aa ordiaance rezoning parts of the County. The Resolution took out some of these study azeas for any rezoning right �� � ' ��
I now and the task force will look at those areas,as well as many other azeas,that aze agricultural in aature,to '�`���'
determine how to hel those landowners,ro reserve those t es of lands and those es of issues. This is v �5� "
� P P YP �YP �Y ,:��::
complicated and in all reatity won't get off the ground until the passage of the ordinance being considered today. �_�;,�t
�-
Wayne Ethridge explained that there aze no properties which carry an agricultural assessment contained in these study
,�.��
areas. I..,�
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Iack Arbaney signed up to speak and declined comment whea give the opportunity at this moment. �' .•
. Jim Auster spoke to aansfer of development righu and the formula being suggested. � �.
��
Wayae Ethridge explained that there is a chart contained within the ordinance dealing with TDR formulas. g:
Mick Ireland explained that if somebody has an 5000 s.f.approved development right,and they propose to transfer �:,',.:��
that right after the rezoning,they would be allowed to transfer the entire 8000 s.f. Prior existing approvals will not
be changed as a result of the rezoning. This language needs to be included in the ordiaance.
Joe Wells explained that he had asked that Planning Office for a more cleaz definition of the areas. He submitted
suggested clazifications which do not in any way affect substance of boundaries. He also suggeste,d some language �{.
clazifications.Joe submitted this information to the record.
� Mazk Neislanik asked about using lands for agricultural activities(i.e.,pasturing horses or grazing cattle)in the RR
•a � zone district,on property previously not used for agricultural acavity. StafF explained thaz this would not be allowed
� - unless horses or catUe had been pashsred on the property previously.
Mazk Neislanik aske,d if he wanted to rent a cabin in the area and advertise it as a good cross-country skiing,
snowshoeing,etc.,if this would be allowed. It was explained that the properry is free market,and the prope�ty can ' .
` be occupied and used by the occupanu for those purposes. However,it cannot be used foc a commercial operadon of � •
those activities. � �
' Mick Ireland ezplained that they don't want to see a lazge scale,disrupting commercial operation or vacation homes •,t;
,� being graated an exemption as an agricultural operation.with only one or two horse or cattle grazing. A resort cabin �(`•
i ought to bear the burden that the rest of the County bears. �.�%
�i, ;
Discussion easued. � �X'-
1
Nancy Booth stated that she believes the direction the Boazd is taking today is still a taking of landowners propeRy
and rights. She continues w oppose the proposed legislation. �y��[� .
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Board of County Commissioners of Pitkin County Page 9 '`�+
Minutes of November 14, 1995 ;:�;� .s;
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Dave Hopkins has a problem with the numbers. Fie spoke about the TDR tegislation,square tootage which is '��-'�' ��''
;;, ..�. ,��
, ; transfened,the development rights applied and the gazden sizes which wouid be allowed. ; , ...,�:.
i-.�.,: :�.�+
jMick Ireland eacplaine3 tt►at gazden sizes will be further discussed. �'�c;.....
t ���`j.- .: .,
, Dave Hopkins ezplained rhat ihe angle of repose in the Coumy is about i to 1. Dave believes 1 to 2 is reasonable 4 `: �
and wou[d be a 5096 reduction. He questioae�the Coumy's 15% regulation. + r.='
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t f4T�:^�%..
Some discussion ensued on the enlazgement of the footprint and reduction of swries of st:uctures allowed. i;'r.r .
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Walt Weiben explained that quite a bit of the County is classifie�as deer and elk habitat. I�e believes the legistation � ` °
; being proposed is unfair and discriminatory]egislation. He believes the references to fencing and repair to fencing is '�'��� ''
i much too detailed. He ask e d t h e C o m m i s s i o n e r s t o m a k e s t h i s an e v e n p l a y i n g fi e l d a n d h e s a g g e s t e d a 5 0 0 0 s.f. �.'�
t limitation on house size througfiout the County as alternative to that being considerefl today. He noted�at staff '�F �
; supported a down valley plan which is now being thrown out the window. Yr'
,
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I Cindy Houben spoke about Low Impact Subdivisions and the Down Valiey Piart. :��_
:,�fT
Wayne Ethridge explained that existing fences and e�cisting agricultural uses aze exempt from this legislation. New
fencing would be subject to review. , �;
,..,
Mick 7reland waots to discuss agricultural uses on the properties. He noted that if tands contain ctitical habitat,the
fencing will need to be reviewed. If it is not critical habitat no review would be require�. �
s
Roz Turnbull noted that the Growth Management Quota System turned Aspen into a second home town. She "
questioned why anyone would want to buy TDRs,for ezample,from Betty LaMont and whether it would be wo�th it �tij�
for Z$units.
Cindy Houben spoke about developing the mazimum density under ffie curreM zoning and under RR mning. A
. rezoning W 35 acre parcels would end¢p with only 28 development righu.
Roz Turnbull questioned,under the current zoning,with the number of units which would be allowed,whether this �
�' i type of drastic rezoning is necessary. .
`�
�, Tom Tumbull questioned t6e 1/2 mile zone of influence. He does not believe that any expert testimony has been ;e
heard to establish tt►e 1/2 mile as the zone of iafluence. He contends thas this is a one size fits ail and he does not 1,
feel this is a valid determination. He also questions the vatue of the TDRs and whether ihe growth management
avoidance is going to bring value to the TDRs. �
Dan Shipp does not feet d►at the BOCC,based on the comments presented,has changed its mind a great deal on a lot � '
of things. This individual urged the BOCC to work on the TDRs and asked that the process be refined in order to ` �
make rhe process work.
�'
Bill Tuite thinks t6at the BOCC nee3s to make sure that the TDR system works and if it doesn't work,then it needs ��'
ro be reviewed. �
� �.:
Dan Shipp expiained that t6e moment this legislation is passed,it will be frozen in time. Some people ate going to � =
take issue with what the BOCC does with regard to the ordinance and some people will choose ro litigate against the ; {
County. If the Ordinance is passed it is going to be looked at by the courts in detecmining the values at t6e dme that
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-� Board of County Commissioners of Pitkin County Page 10 ��R ��
Nlinutes of Nwember 14, 1995 .ri^,��,�
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the ordinaace assed. He ur ed the BOCC before the ass this one,to do the best'ob � •�'' ��"� `
P S , y p � possible and look at the �, .�.,��
TDR pmgram as closety as possible. �
� , ��•t..�•+��
Chairman Ireland adjourned tl�e meeting for a short break. c :.,.,.'
i 1 �}';•;.. :
Biil Fates believes tfiat a lot of the tcstimony has been presented as evidence by Tom Cazdamoee. Bil1 feels that j ;;��_;_'-. r"
__ � since so much is based on Tom Cazdamone's opinion,it would lend a lot more credibility to t4e people at tfie I -�•�`_?�. `
� hearings if he were to present this evidence himself. Bill is opposed tot his whole thing, He questioned the t �,; ;
I prohibition of gathering firewood. He does not think the Boazd is hearieg a large amouat of comments asking the � �t '�
( Boud to go forward with this tegislatioa. � �:;.';
,�:.:�.: -
Wi(k Wilkinson asked staff ro clazify its estimate of the t5 unit buildout under current wnin g in the Hunter Creek �;��::� =
area. . ! 1::y
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Wilk Wilkinson,for the record,wanted to establish historic uses on 3muggler Mountain,being the Hunter Creek and �#Y�
' Smuggler Mine Road,which in I891 had year-round maintenance. Anything on those roads would be wirhin rhat 1/2 �-' ••
mile exempt from influence. The mines were also the f►rst to receive electricai,utility and water use,going back w �r,�
the late 1800s. He also�ted that timberiu on the ro �''1,� '
g p perty has been going on for a long time. Tha property has <x
bad agricultural uses such as horses grazing since the 1980s and 1990s. Trrigation ditches exist on the property.
'Ihere aze also well permits for each of the patented mining c(aiins,
The Board discussed garden sizes. It was detecmined that direction to staff was clarify the language to allow for
vaziation in shape or contiguity. �7
3
The Board discussed fencing and using quaking aspen for fence stays. It was noted that existing agricultural uses y,;,.
would not be prohibited. The Boazd is not attempting to change existing practices. �;�
I Jim True moved to add hydro-plants as a special review use noting thu he believes it is important for it to be special
review,unlike sa(az or wind powered items because thece aze certainly potential impacu. Seconded by Mick Ireland.
All in favor,
ks•
The Boazd discussed winter maintenance as suggested by the pnblic. There was no support for tbis change to the �
�{ ordinance. ,:'
' Discussion ensuetl regarding the altitude at which subalpine should be define.d. Jim True moved to change the �
elevation to clazify that subalpine starts at 9000 foot. Seconded by Bi11 Tuite. ;,
f�.
, . Bili Tuite reminded staff rhat the testimony of Tom Cardaznone was to be added to the record, Staff indicated this
j has been accomplishe�.
� r: .
� All in favor of the change to the definipon of subalpine to begin at 9000 feet. � y
�
' Mick Ireland reminded the members that Aoz Turnbull had asked the BOCC to form a task force. FIe suggested that ��'
� a review be set for one year from now to overview the ordinance and TDRs, Mick betieves that there is substantial '�'
� value for TDRs already in existence. Discussion ensued. 4 '
.t. ,:j�'
1 Roz Turnbull reminded the Boazd that she had asked that a house size cap be considered. " ` '
4 �i
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Board of County Commissioners of PiNdn County Page 11 ` '��
Minutes of November 14, 1995 �= jq;
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a ��t;� -:. ,
. i Mick Ireland moved for a formal review one year from the date of adoption of this ordinance. Seconded by Bill ,-,.� ,;,�
Tuite. Some discussion ensaed. Bill Tuite reminded the public that this is not the end of this matter,it is oNy a ,:.,;.;�;._,
� � piece of the legislation and other legislation will be on the books for TDRs. All in favor. i.�'''_•-:+;r,
i.:�. ' .
�_;c :.:_�•
� Transfec of existing devetopment rights ti�at aze in excess of what the ordinance grants off of the property was �'` i..
discussed. Mick Iretand moved to amend the ordinance to allow the transfer existing development righu such that s r
one unit of development of the squaze footage ia the ezisting right would be allowed W be hansferred. This is a[L or ; :�t*:•�. :>
_. nothing. Seconded by Wayne Ethridge. Discussion ensued. Ai(ia favor. I+�R� :;:
Mick Iretand noted that Mark Nieslanik raised issues regazding pasmring cattle and horses. VJhile this can be � '
environmentaliy companbte,it caa also end up being overgrazing. �� ' `.
Cindy Houben suggested that it be handled under special review. Wayne Ethridge suggested that if it has been done `;;S•�
historicalty on the parcel,it can continue to be done. Mick Ireland moved to allow pasturing.of horses and cows by ��� .
�?;:w
special review. The motion died for lack of a second. „�<�1
Mick Ire(and noted that there is a rule within the ordinance that allows for the repair and restoration of exisdng �"
fences and it further allows new fences consistent with the DOW oa any piece of property unless that property is �
within critical wildlife habitat and in that case the owners of the propose3 fence would need special review approval. "•'�'?� V
Discussion ensued regazding altering the 1/Z mile wne of influence. No support for a change was offered. • ��
�.
" Mick Ireland closed the public 6earing. Mick overviewed the motions whicit were approved based on the comments
offered by the public and specified ffie changes offered in the staff inemorandum. Mick Ireland move�to approve the r
changes suggested by staff,Joe Wells'boundary descriptions and the motions previously approved. Seconded by Jim
Tme. AIl in favor.
A motion to accept the ordinance as amended,tabling the heariag and setting for a reading and adoption on `�f�
, November 15, I995 at 5:00 PM was offere.d by Bill Tuite and seconded by Jim True.
Mr.Turnbull reminded the Commissioners that most of the comments which were offered during the hearings were
- � not in favor of adopting this onlinance. ±-F,
�
' Mick Ireland called the question. AIl in favor.
'��--\I Respectfully submitte�,
- ';
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anet Raczak / , � ;
Transcribing Secretary �io�� � l�C��s9� '. '
' RACZAK�WC. ` ' s
' � 215 S.MONARCH,SUTTE 104
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