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BOfiRD OF C4�JNTY G'OMMISSICihtERS
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'`j '1:00 a•m• P��blic Hearins and ?nd t�eading ��ode F:evision F'1an �1 .
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j,,`{�,,., c3t._�rn Subr.livision E^�:ernption, Franr_is Krizmanich
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, Approved 04-27-87.BOC ^
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PITKIN COUNTY '
HOARD OF COUNTSC COrIl�SISSIONERS
MINUTES ` •; -
SPECIAL MEETING MARCH 30 1987 ,� v ,
PRESENT: GEORGE MADSEN, COLETTE PENNE, TOM BLARE, BOB CHILD, AND ,;,�',,':, `-
FRED CROWLEY _
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George Madsen opened the meetinq at 9:10. J`��
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There was a brieP discussion reqarding the sequence and timing of �'n;•:�y..'
the afternoon's agenda.
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T PIIBLIC HEARING � SECOND READING (CONT.1 OF CODE REVISION PACKAGE `°
#1 - Cindv Houben (9:15AM) •!
Peggy Seeger and Jim WiZson £rom the Building Department were in
attendance. Peter Guy, Chairman of the P&Z Commission, was also
there.
Cindy Houben explained that the major revisions for today's
meeting concerned a) a tightened timeline for review schedules,
and b) procedures for properties obviously lying outside a 1041
hazard.
The neca review schedule appeared on Page 6, (3) of the ,
resolution.
Page 8 of the resolution had the "minor review" revisions.
� Houben expressed some concern that a drawback of the new
procedure may be that the applicant is not as informed of what is
t required, as the procedure has been made more informal.
� Penne felt that the Planning OfPice could and should be able to
' outline the necessary procedures for an applicant, to avoid an �t.-_
"incremental" review process. wherein some requirements might ;;;
take the applicant by surprise. Penne expressed her confidence
' in the Planning Staff to be able to handle this in a fair and �
; appropriate fashion. :��.
Alan Richman explained that his department's internal timing for � {
such procedures will have to be coordinated in such a way that
the applicant's deadlines and meeting dates can be handled - ^ ;��.,
efficiently, with the goal being to get the applicant through the "�'���
.:.�_4�-:.,
process within a couple weeks. He promised to set up parallel F{��`,�
administrative procedures to match the Board's timeline (E'{�\![ +�:
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BOARD OF COUNTY COMMISSIONERS 1 MARCH 30TH, 1987 �
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requirements for reviews.
Bob Child mentioned the importance of a careful log or record
procedure, even though the process is being made less formal.
Penne brought up a question regarding §5-400.2 on Page 2. The `�""''' �
Planning staff, after some discussion, agreed to clarify the �F�.� �
language of that section.
On Page 5 (3}, Penne questioned up the $5,000 exemption issue. ,' _
With some discussion, including comments from Tom Smith, County `
�
Attorney, it was decided to leave the exemption as is.
Fred Crowley expressed his feeling that there were "too many �'.`
people in the loop." Might it not be possible to simplify the ,:.•
, irocess? For instance if Rand Cote makes a recommendation, �`
sn't if possible to leave the m tter at that? Once the experts ��.•
have made their recommendation, why do we need more of a review �'. i••�,`
-�. �
procedure? �
� Crowley was more than willing to shift the responsibility to the
{ staff of the Building Department, or the Zoning Department, for
these decisions.
i .
Tom Smith felt that a review process of some sort was necessary,
; especially where some debate or disagreement was involved.
l Houben responded, in part, that the Planning Department often
felt that more requirements should be made of applicants than
those mandated Randy Cate, for instance.
� This topic was discussed in some depth, with many of the Board .
� members eacpressing their feelings that the experts should not be
given the direct authority for these decisions. Most of the
j board felt that the experts' opinions should be taken into
consideration, but that the County must retain the authority to
� review and decide these questions for its applicants.
� Smith felt that the Building Department should be making only
non-discretionarv decisions. Mitigating hazards, he felt, was i
� the duty of the Planning Department and/or the P&Z Commission. �1
Crowley solicited Peggy Seeger's opinion regarding the new
revisions to the review process.
Seeger said that she was unconvinced that the new procedures '�� :::
would be any faster or more efficient for the applicant. She ` ' '�-
expressed concern that an applicant would have to wait for two 60 � ,
day review periods, for instance, according to the new revision. �`;J ,r,.";
. �,;:
: With some further discussion, it was agreed that the procedures ' : � ,,�
were simplified for many applicants. Those whose building ;; -.�iy:
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BOARD OF COIINTY COMMISSIONERS 2 MARCH 30TH, 1987 ' �'�:: :e
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envelopes (and "development areas," i.e. road accesses to the
envelope, etc.) did not encounter hazards could skip the 1041 .
review process, and submit only to this "minor review."
`i. .-`
The inadequacy of the County maps was again discussed. Crowley =� -
was concerned that the Building Department should have the best I<�;:-�'_�
possible maps, in order to determine the hazard areas.
Penne said that she would like to see the resolutions presented ��� '.
with the Planning Office�s memo, to avoid two two-week periods of
waiting by the applicant.
:j Blake mentioned that the procedure used to be implemented in that
way, until the Northstar matter was reversed. Tom Smith
mentioned that in the very controversial applications, this would �.:� :
not be appropriate.
- ��:
' Penne didn't disagree, but suggested that on the simple, non- ��
" controversial applications, this procedure would be much more ;`' `
.. • desirable, as it affects the waiting period for the applicant.
i
=:i Penne asked, regarding Page 6 (3) (ii) of the resolution, if the
`� 60 day period for the P&Z action couldn't be reduced to 30 days. �
� ft.
� Richman responded that the time would be diPPicult to shorten, i•
,� considering legal noticing requirements, Code regulations, etc. �
,;� Jim Curtis clarified that the BOCC has been taken out of the �
review process, except as a Board of Appeals, for the P&Z. Thus,
; the P&Z review becomes a "one-step" process. Few applicants �
; would experience the double 60 day review period, unless they
! were appealing a decision of the P&Z. �
;�
� The discussion regarding the reliance on expert opinion was
� rekindled. During the discussion, Madsen stated firmly that the
experts' opinions should not be given an undue weight. He cited
' some examples wherein the opinions may not have been completely
� reliable. He also pointed out the liability of the County,
� regarding the decisions it made in such matters.
t
�� There was some discussion that a reduction on disclaimers and '•�
� "hedging�' by the experts, in making their written
: recommendations, might alleviate some oP the County's burden .�;
, regarding responsibility for the health and safety regarding the
applicants' building envelopes.
� .`:
These experts should, according to an opinion expressed at the
meeting, be backing their opinions with their professional �
standing and insurance, including for example, the typical Errors
and Omissions insurance. In this event, the County would not �;i� +-: '
bear the responsibility for an improper decision to allow ' 4a; .
development, where the County was making a reasonable reliance on ;�'��''�';iT�-
�"..`.;�'.
BOARD OF COIIN'PY COMMISSIONERS 3 MARCH 30TH, 1987 ,''.�,�,� �,_
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the data from the experts.
Jim Curtis suggested that the procedure could be further .
simplified by separating the "building envelope�� from other "
development, such as a driveway. He felt that alI were agreed ��`� �
that the building envelope should be reviewed, but that the 1041 �;'��°,
hazards were intended to protect the people living on the r
property, and that a driveway perhaps should not throw an l '' "
applicant into 1041 review, in and o£ itself.
„� There was a spirited discussion regarding the handling of roads
and driveways, including the distinctions between the two. s;
I f. ..
Crowley pointed out that many of these concerns should not apply
-�:�� to a single family house. A subdivision would naturally have to �' '
get approval for roads to and from the development. on the other 4'
. hand, a single family house applicant should be able to put in a y .
,,� road, with as little review process as possible. F''.
.:�� :`� �. .
Guy mentioned that one man's drive, with further development,
-:,-� becomes a road.
:-:� After some further discussion, it was agreed that the "threshold"
"1 for roads and driveways would be relaxed.
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At 10:20AM, the Board agreed, with help from Tom Smith, on
-`}�';� language for Page 5, adding an item (4) to the exemptions,
covering roads and driveways. Roads and driveways, except when
�,� proposed in geologic or floodplain hazard areas, are exempted
from review.
�_�{ Bob Child had a correction for Page l0 of the resolution, noting •
a discrepancy of dates in paragraph 2.
�'�
,s:3 A definition for County road #19 was again discussed.
_��� It was agreed that the proposed changes take BOCC effectively
_.a� "out of the loop" in most cases, and pull P&Z out of the loop in
LLsJ:� perhaps 50� of the app2ications, which was agreeable to jus about
,, everyone.
�;� Blake suggested that the revisions be implemented, and reviewed
in one year.
�:� It was suggested that the Code could be written in such a way as
to establish standards for these various hazards, and thresholds
that would put a property into review. It was generally agreed j
that this kind of standard would be desirable. Tom Smith �:.-.:
suqgested that the Board adopt the changes as they are today, and � . ,.
� the staff would watch for the possibility of establishing Code
standards for most of these hazard issues. �`"
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-::.� BOARD OF COiTNTY COrIIgSSIONERS 4 MA12CH 30TH, 1987 =' r`
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Fred Crowley brought up a discussion regarding Page 9(d) (2) .
Joe Edwards, spoke against the mid-review designation of an
additional hazard, as did Gideon Raufman. (Both are local
attorneys) . ;i;,.:
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After a good deal of Board discussion of this Special Procedures ,
issue, it was agreed to delete the phrase "during application �`' "
review process."
_,.� At 11:o0AM, Cindy Houben focused attention on the Employee
- Housing section of the package. Page 18 had major revisions
since the last reading. Also, the BOCC has been taken out of the i;
� review process, leaving the Housing Authority as the final �.
`'"' review. i�'
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Houben mentioned that Penne had asked that the applicant be
- spared the double expense of having two appraisals for the
-;'.1'�i property, (one at general submission, and one for final
:�_� approval). Houben sai.d that she felt certain she could come up
-•.� with the appropriate language to cover this. It may be possible
.,..t_,� to settle for an "Opinion of Value," rather than an appraisal,
which would be less costly for the applicant.
'�`>:� Concerning the section covering the 75� of allowable density
"'� (Paqes 18 & 19) , Alan Richman said that section (4) should also
?�?�� have a strikeover (cross-outj for the paragraph up until the word
"purchase," which would begin the paragraph. Density reduction �
J,;:� and employee housing should be treated as '�apples and oranges.�� `
x:,j Richman pointed out that he had argued against this language some
1 years ago with the Board, but a decision was made at that time to
;,_._.� retain the language. This Board had no objection to its
``� deletion.
i;'`°� Responding to a question of Crowley�s, Richman mentioned that the
Housing Master PZan will be coming mid-year. It was mentioned
-�: that there would be considerable opportunity at that time for
'�t:� further BoCC input regarding employee housing.
.---:�
` �j Carolyn Raufman asked if the Board couldn't act on the package
-::`j today, as she was concerned about how the revisions affect her
proposed residential addition project, and the 30% exemption in `
'� the new package would benefit her situation. �
,. .� Tom Blake moved that the Board appXOVe the resolution with the i
changes discussed at today�s meeting. Fred Crowley seconds.
.i Cindy Fiouben asked that the motion include an OK for the Chairman ��-_��, ,
to sign for the Board, without additional Board review. The �' .4f�''
i motion was amended to include the approval of the Chairman's ; e�` "
signing the resolution for the Board. F
3 �%`
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BOARD OF COUNTY COMMISSIONERS 5 MARCH 30TH, 1987 �" '�'
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Madsen invited the public to make any further or final comments, �
prior to closing the Public Hearing portion of the meeting.
Pat Dobie asked a question regarding caretaker units, as affected f
by Page 20{c) . He suggested that the Board allow caretaker `"�;
units, constructed and operated under the requirements of the . -
Housing Authority, to apply towards satisfaction of the
� requirements of the employee housing provisions of the Code. �, ,
Tom Smith expressed concern that employee housing, required as
- part of the subdivision or GMP process, would go to increasing
the density of the property, irrespective of zoning. :�:
; L•
=�;;�;,, The Public Hearing was closed at 11:15AM. Bob Child asked that �:�
= ' the matter, if approved by vote, be acted on immediately, for the
e.:'_.� benefit of the people in attendance at the meeting, who had been s
_ waiting so long for an action by the Board. Staff assured Child �
`` �"�� that the matter could be ready for signature almost immediately
•''�a� (the next day was mentioned). A vote on the motion �ras taken.
- _`'i AIFMC.
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�'';:'� A short break was taken.
� -
r^Ay At 11:35, Madsen reconvened the meeting.
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:`x,r;�� SUBDIVISION EXE[4PTION - STERN/ZIFF - Francis Krizmanich {11:35AP4)
� Colette Penne moved approval. Bob Child seconds. AIFMC
�f `� At 11:45, the special meeting was adjourned, and the balance of
the agenda (airport issuesj for the afternoon handled as a work
,;.l,� session.
:;',;� Respectfully submitted,
�''� , /
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�-=' David Highland
l-+� Deputy County Clerk ;;
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';;-� BOARD OF COUNTY COMM.'LSSIONERS 6 MPiRCi3 30TH, 1987 ��,�'
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MOhIC�RY� 23 FPRII.. 1587
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5:00 a.m. First readin3 of arn��ndment ��acka3? :��•, i_indy Haul��_n -
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` 10:45 Publ ir HEarin� - f-,'e3ion 12 F'evul vin3 L_oan� R��pl ir_ai ion for �: .
i F�.inds- Jol�n Hess C1/2 I-�r? � '�
'°����1 11-15 Hurrter Crr_el: ��OI1CIOfi71111Uh1 PIa4- Cindy Noul�en � min. �;;.
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,;N�� Lazy l� F ina I PI at. Cindy Hu�.ib�n
1041 F:?g��lation/f_:ode Riir._ndrn�nt� L�indy Hr�ub�_n
`":f:':� Residr_,ntial r.;i��ta =;y>t��rn Devr-loFrnent HF�pli�_ations from _Ii�nF 1
� � to Ci�cember 1: Hlan F;ichrnan
;`�'i'.,� F,esol�_iti.on rr._aF•��ointing E:ob Pietraak to P 2: Z
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'T�;�� 2=00 RESCILUTI�]NS HNL� �QNTRRCTS �
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+'?:` a+ertion 1�1 I.iplTfi Grant application F'�solution E.ruc� Rb��l 10
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C:rant liccess Easer,i�_nt to HsF•en Consolidat�ed '3anitation
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� ivorrect :lurvty Errors in C:on=�rvation Easernc,nts granted L,y
-� Jas.�ph �olin�. Tom Srnith -
Hi.rport Terr�iinal 1=i/F =�election C:ontract: i3ary Esary
2:20 First RPadinv and Set for Pu61ic Hearina f!uit i=�airn de?da '?:s;:;'-.;
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2=55 First keading 19=�5 �_:up�•lum�ntal f_,uclg�_t H��proF•riation� Lynn ?��^�.'�-`�,�`,.`:
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