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Home My WebLink Aboutbocc.min.spec.01131997 .�;, ,��4`. PITKIN COUNTY COMMISSIONERS �t, .'��r: AGENDA �+�;"+�'.'�5�';� y.''��. Plaza One Conference Room - - . `3•+- -: MONi�AY.JANtIARY 13 1 7 %�:;•'�y �2:00 PM SPECIAL MEETING �.■:,'.�" Moore Family PUD Detailed Submission,3rd Reading, Rick Magill �:c .,.�'." �:?. i::'�.5.;.::;,,; '�'iTF_SDAY.JANiTt�RY 14 1997 ; �-::s. ,- WORK SESSION �;,�r;�r4' 10:00 AM EXECUTNE SESSION Litigation,John Ely �'��'^� AD70URN EXECUTIVE SESSION � 12:00 OATH OF OFFICE CEREMO�iY '''` . . Courthouse Steps � � Reception Following in Courrhouse Lobby 2:30 PM COUNTY MANAGER'� F.PORT ,;�-x ', 1. BRB Update,Lance Clarke and Joanna Schaffner r�'�. Memos of Interest • 'r BOCC OPEN DISCUSSION - i 3:15 2. Futare Agendas/Agenda Requests + Computer Request I Meeting Schedule Citizen Board Interview Schedule BOCC Retreat 3:30 5. Woody Creek Master Pian Update and Request for Funding,Cindy Houben 4:00 6. Lazy Glen Sewer Line,Temple Glassier 4:15 7. Board Appoinunents to Committees,Tom Newland ,I�- .; 5:00 PM 8. SPECIAL MEETING ,� � 2nd Reading,Ordinance Prohibiting On Street Pazking Within Brush Creek Village,John � Ely Letter of S�pport for RFTA Transit Grant,Tom Newland ` > , �1.- � �, ... � t� � �, _ , . , � , . _.... ;;}:''� _ . ,. . : �. / . . . . , . ... ....:... ... • �. } - . . . t �::� , . ,,-- : ,., ,: . _ , . . . I i • / ` • k . � .___...�-.. _. _...� .._ ___ ' '__�'...�__�._, .�� r1� _ � ^ .::• � ____ _ _,.,. ,...... _..: `—__—_.__.-- .. ,.::::- ' �;�'` h'w til' :x�J'�".'. �„a:��.: ��'a.:��:.�i� �;% �;� Approved 04-23-97 ';�`'� '`•• Y�^ �, MINUTES ,'y: :�'. �•,` . �PECIAL MEETING .:�_..�. . PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS i�,::�:.:;.��. . .k,;:;>.;. ,TANUARY 13.1997 ��:<-'`�-� ' �... ��_ :. .. ;J:. t.� :: �;�� . .�r.. ` � CALL TO ORDER: Chairman True opened the special meeting of the Board to `�� ' order at 2:05 p.m. �y.j COMMISSION MEMBERS PRESENT: Commissioners Jim True,Mick Ireland and ' � ,:�. E Lesfie Lamont ; .,,y _ i �ONTINUED SECOND READING-RLSOLUTION CRANTING DETAILCD j� I crrunrrCCr[N1T_vr_anrNF.n rnviT nRVRT.c►rn�rFlvT=SrrBDIVISION.SPECIAL REVIEW. RiDGEi.INE REV[EW.GMQS EXEMPTION AND 1(141 ENVIRONMENTAL HAZARD :7 RF VIEW APPROVALS FOR THE JAMES E MOORE FAMILY PARTNERSHIP Pi2n 7F(°r T n(�s�rFD ADiA('FNT T(l THF ASPFN PUBL•IG SCHOOL CAMPUS- MOTION TO SET A NEW PUBLiC HEARIN('FOR FEBRUARY 26.1997 - - ('ONTINUFD SECOND READING-ORDiNANCE GRANTIIYG APPROVAL OF RF.7.ONING FROM AFR-2 AND AFR-10 TO AFR-1 FOR THE PORTIONS OF THE Mn(lRF PRnPFRTY T.n('ATF.n AD.TA('FNT TO TFIE ASPEN PUBLIC SCHOOL � '�'t iCAMPU AND AMENDIN OFFI IA . OUNTY ZONING MAPS � a_�rORDINGLY-MOTION TO SET A NEW PUBLIC HEARING ON FEBRUARY 26 � i 1997 � Rick Magill,Staff Planner,presented Board members with the proposed ordinance for rezoning and resolution. He proceeded to review the changes to the dowments since the last meeting. �j - 1 Witli respect to the resolution,Magill said tl�ere was an additional Recital No.13 added which � clarifies the fact that the rezoning application for the Moore property was referred to the City b , Planning and Zoning Commission for General Submission. With respect to the conditions,the ; Board made some changes at the last meeting limiting scheduling of adult uctivities on the playing fields from Monday through 5:00 p.m.Sunday. Condition No.13 was changed to read }1.- prior to building permits. Condition No.24 was changed to clarifying the two Moore family i units. �' ` �t, '' , - � -: 1 i;" �, BOARD OF COUNTY COMMISSIONERS 1 SPECIAL MEET[NG JANUARY 13,1997 1...� . . h='F. ,,. _. •,.�'-:�:':. . . _. _ _ ,1 . _ ;� : ! ��. i . ; 6 Yi t � � ,i. ' �.. � . - - '�"_.. . ' . r ,� � . , . . __.__ . . _ ._._ _. .__ ____._' . f...r.�.�-"" -+ • 'u� '�: - ;�� ,, ; r Nl.�G:. ��'ib . 4�'.1..� 4:��' � �ti�y' • Commissioner True said is really a question of priority,not a question of complying with the %y'" guide{ines on the occupancy issue. �. , ''r. . � '�� With respect to the Ordinance,it was not discussed at the last meeting. However,staff hns made ' some very minor changes from the draft ordinance that was in the packet at the last meeting. He �'�' .'.,� � referred to Recitals No.4 and 5 where there has been language added that indicated that the rezoning request is to rezone from AF-R2 and AFR-10 to AF-l. He said other than that the f`'•�` �• ordinance is the same as was in the packet at the last meeting. c..: Chairman True o ened the ublic hearin �-' P P S. ;..;,'c.�..�' iJodi EdwTrds,representing the Meadowood Homeowners Association,stated that at the end of ' the last meeting there was some discussion about trying to get the homeowners closer to the ; Moores. He said they have had some discussions which have been mildly fruitful. But given the , � short timeframe,they haven't moved real far. He requested that the hearing be continued for another week to give them a little time to continue discussions. Secondly,this is legally a quasi judicial hearing and there was an a�davit of posting of public notice filed at the very last `�' � meeting. He questioned if that notice was posted on the Maroon Creek Road? His second � � question is wheUier there is a mnp on those notices of the proposed remning because he couldn't � find this on any of the notices that he did find. �� - � Rick Magill said there was a map on the notices that were mailed. He was not sure about the •.;�� posted notices. ,� Chairman True said there is no one here to address these either of those questions. But lie will note to have the applicant or stnffto address them further,if it is appropriate. A ' John Keleher commented that he thinks everyone in Meadowood,that he has been able to talk ' i to,has agreed tl�at the project is a good project. The only stumbling block is We adult use of the recreation fields. He said he has thought about the adult recreation and just tried to quantify it somehow. He said he thinks that out of the number days that it would be used specifically for summer.activities,are Jw�e,]uly,August and September,l20 days. The previous consideiation given was that adult recreation would only be used four days a week;that is seventeen weeks for the summer. Seventeen weeks times four is 68 days. He thinks out of that 68 days that it seems i to him tliat he is there half the time. He lives there all the time,but you're either later from work � or you are out to dimier,or something like that and so you are just not there. So that leaves us 38 ' j days that we're concemed about. Half of that time there wouldn't be an incident on the ball (� � field;it would be a nice quiet game. Tim would be making sure that there is no activities so we + y are talking about 17 days through the summer period,that there might be an incident. From his ,E own personal standpoint it does itot constitute grounds for a lawsuit,he does not see any sense in � it. He thinks tlie project is good,and he supports Tommy and the Moore family and tlie work F , they have done. , Bill Ayres,a resident of Meadowood,said l�e supports the project. He also is concerned about the t6reat of a lawsuit. He thinks that we should get on�vith the project and get it completed. � f� Carmen Kobacher,a resident of the Highlands Subdivision,said there have been an incredible �: . ' amount of compromises made by the Moores. Also,she dces not think that people having fun � � ' �.: 'X- BOARD OF COUNTY COMMISSIONERS 2 SPECIAL MEETING JANUARY 13,1997 � ��` .,�;i, � , � _. .__..____.._'____.. .'� � .. . �. . � � ' � ' - � / . . . .. . . �, � ' ,f'� � f1 , . ♦ � � . i. i, i , . ' ' . '__'._'__—_'_ . . — — .. -.-- q. _.__��___ .._... — _. , ..t�w�" . . ?q� 5'. A:�,� i'• .��i�,_ ;e^'S�� 1: �'�};�.';A2?`'. �;a,: :y. . 's.:.�:tk'.. ;,�.. ' from playing baseball etc.,is not offensive. She noted that there are always compromises that ' have to be made with respect to where you live anywhere in the country. j:;•; ��; i� Gerald Allen,a resident of Meadowood commented that he thinks the project is going to be a I;,{`,.�' •.-� wonde�i'ul development,but he thinks it is inappropriate for adult recreational activities to go on ' �� from 5:00 p.m.to 9:30 p.m. He does think the noise would be offensive. He also thinks the ski " � ' 1''` lift is an important issue. ; ;�'. �,:�.>_. . . Chairman True closed the hearing to public commenL ' 9i'�:'- /` � I;:i:::..,4`�. !;' ?' Commissioner Lamont said tliat the Board is also struggling with the issue associated with the ballfields. She said if this hearing is continued for a week,she would encourage everyone to k-�' , ; keep working on this issue to come to a resolution. � Gideon Kaufinan,representing the applicant,said they have spoken with the Moore family with ?I` regard to the proposal that was given to them by some of the neighbors in Meadowood � addressing some thoughts they had and they responded back to them. He thinks it is important ro � point out at this time that this has been an over three year process. There have been more public hearings than he thinks anybody could count in tertns of opportunity for discussion and �" partici pation. And those hearings have had neighbors express their concerns individually and �`�'� j through a representative of the homeowners assceiation and through legal counsel. At least one y f. j representative from Meadowood has been at every single P&Z and Board of County ',�� Commissioners meetings for General and Detailed Submission. He said it is distressing to tlie . Moore family,to the County,and to the community that there are objections at this stage that �i there have been assertions that the public had received inadequate notice of this application. � They believe that the facts clearly show that is not the case. Hundreds of citizens have � participated in hearings before the Board of County Commissioners and the Planning and Zoning I Commission. Neighbors and members of the public have expressed every conceivable viewpoint concerning this application,not once,not twice,not three times,but many times more. And they � strongly disagree with counsel for the neighborhood's laundry list of technical objections to this - application,and believe there is no merit in those objections. They also disagree that the County failed to give the public every possible opportunity to understand,to comment and to be part of this application and this process. Since tltey will be working on a finai plat that will take 30 to 40 days to prepare,they would suggest that there be yet another public hearing before the Board. � They would also ask that during that 30 day period,that there be referral back to the Planning � and Zoning Commission for additional comments on the rezoning. The ultimate approval date �, � for this project will not change nor will it be delayed because they are 60 to 90 days out on the final plat. This additional time will also give them an opportunity to continue to talk to the � � neighbors. Therefore,they would ask that the Board schedule a new public hearing for February �I 26th and also refer it to the Planning and Zoning Commission,as a priority,for additional ? comments on the rezoning. i ' . j Chairman True said he supports a continuance. �� ', Commissioner Ireland said he supports a continuance ro February 26th. He would urge that all the concerned parties try to work out the outstanding issues prior to the next meeting. �1� �i, . ., . 1 '- r;• I BOARD OF COUNTY COMMISSIONERS 3 SPECIAL MEET[NG JANUARY l3,1997 5,..� 4'� � ../ ... _.. . . ...... . . . . . . . � . . ' . .. . . . . .. - . .. . . ...-.' � �. E i', '. � +a _ . . •�.�. ' f .. .. . � � . , . -- ...___---- ��: �__ --�_ _ - .. - - _-_ . ;!, h - ' .JI .�. � -�:��Y:��: ,�:'..:�-'-� ' 1 - ,' .1.; ay �r;a< �� ; ��'��;:� ` Commissioner Ireland moved set a nerv public hearing to consider this application for "Y�� ', � February 26,1997. Commissioner Lamont seconded the motion. Motion passed Y; :r unanimously. ,, ?� i ��: ' ADJOURNMENT: The meeting was adjoumed at 3:00 p.m. . ' .�''• ''c �� ;j` •�';'^ r:=:._ i . ;:.;��- I ':%; � -i.�. � t:Y� .'•� .'v�'. � I �' � I y; �S �� 4y. i f � 1 . r.y �; � �1 €, BOARD OF COUNTY COMMISSIONERS 4 SPECIAL MEETING JANUARY 13,1997 .�} ,' I ��t i I....._._�„.�-.......-.�<i:y � . . -� r '� . 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