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Home My WebLink Aboutbocc.min.spec.11231993 , i. � � . :� '. . r 1 f' •�� C "�S� Jy� �'r+d �4( w �,: . ,. k' �1'�� .r4Y�.� .yk �� t1''�i�'„ �e , st�,� � t . . �cl� f�. w y ,��'L '�� '�'b `��L�, :.�`-.,��t� �h, � '��&, �� - du��`�, � �5 ��'� .'^)�„ � 'v�� , ��•'� ti �, :,L ,.�;�N,_�.��k. ie� :`��rr. a�. ,.,' ..r S `%� �' i.�s+3 .c': #f :::Sr�,�Bt: � i�.: �I.�'�7}.b'•y . �I.'}F+►'., .,. � "L�r;� "'i., 7�t.'y;;' .i� ' '�, . ��.: .'.�� PTi'KIN COUNTY COMMIS570NERS � � � REGULAR MEETING AGENDA , . "�a�-�s:i. � .r...,�_ .. TUCSI7AY.NOVEMBER 23. ]943 {,;::.x;�`�. ,y; 2-4:3Q PM SPECIAL MEETING •ya:�..+:^:. . Location: SO Conference Room '{� ' ' ":e;:.. . . •,-f.�; 1. Agenda: Rural and Remote Code Amendments-lst Reading and Set 'i;-: " for Public Hearing, Cindy Haube❑ ��';;Y:? ,:�. j:�: . , . 5:O0 PM REGULAR MEE'TING-District Courtroom PUBLiC COMMENT �� COMMISSIONER COMMENTS ADDITIONS/DELETIONS TO AGENDA !;'"'r i CONSENT AG ENDA j 2. MINUTES -- November 9 and November 10 -:; � 3. Abatement Hearing, Carol Foote � i Resolution of Support for 35-Acre Subdivision I.egislation, Reid Havghey f", ! Letter to Legislature Regarding Agriculturat Exemptions, Reid Haughey ';)x� r . ; ADMINISTRATlVE PUBLIC HEARiNGS � 4. Revisions to Restaurant Ordinance, Nancy MacKenzie 5. Vailey Resource Management Intergovernmental Agreement, Reid Haughey 6. Open Space and Trails Use Regulations, Mark Fulter ` 7. Rubin Purchase, Mark Fuller 9� S3. �ndustrial Development Revenue Refunding Bonds for Aspen Skiing Company, Tom Oken f i� ; LAND USE PUBLIC HEARINGS ; 9. Hoffenberg Caretaker Dwelling Unit Review, Ellen Sassano ` ; 10. Johnson Caretaker Dwelling Unit Review, Rick Magill , � ll. Barr Employee Dwelling Unit Review, Rick Magill 12. Bighorn Rid�e Subdivision/PUD Detailed Submission, Ellen Sassano (To be tabled to l2/14) 13. Guber Lot Split General Submission & 1041 Hazard Review, Mary T.ackner '-'� (Tabled an ll/9) �':° M•; 14. Pitkin County Solid Waste Center Rezoning, Mary Lackner ��} ��, � #;` . i LAND USE ACI'IOIVS �"r,;� ; !` {, . 15. 24 Hours of Aspen Temporary Use Permit, Rick Magill �;; : _ ;, ADM[NISTRATIVE AGT(ONS �� ` � . ��., :; ��-,�, s��;.. ��,5 �t: � .�`'. _ � �, _ .�, : ' � l ,,,`zd�. � � � :.RC .. . � . . TMY _--.�_�.___.__-- �;; . . , � ' . . . . �'R°*- t'1 i'��'e„ '� L �,x_'Eit( Flt Y�"''. � j ;7:'-,- , . y . �? 't.o,"�a.�, 'i,Y�;e�t��is� 1. %'�t1+M � '�,�t��"}�"ct' �`��K n: z��t �1 .. � i�' L'��pw,Y�r,s��}4 }� $j;�'�[ tt -i� � q �, {"0�.� h'� �� h�, .� Y' y,�=Y C .t, - .. t ,.�lA��p,� er� �:��y' {, 1"� �� SL�. �- �-- �;�.• `�� Y S �,.� �y} 5 .��tl+lE�- �E..c _ . ... . , . '+y �y/};' � � �fh/1(f44!7 -,t:i�� .t�,�. %�_�`/_53 r: . ti. .Y'., " � :�� _ MINUTES �,'i. -� PITRIN COIINTY BOARD OF COIINTY COMMISBIONERB SPECIAL MEETINa NOVEMHER 23� 1993 ��=.`_%�, CALL TO ORDER: Chairman Child called the meeting to order at ''�:'r• �' 2:00 P.M. +; 'e�.,`-.;" CoMMI88ION MEMBERS PRESENT: Commissioners Bob Child, Jim True, �.`�`�! ^ Wayne Ethridqe and Mick Ireland. ��''`i COMMENTB: Cindy Houben informed the Commission that a gathering �'�' will be held on behalf of Jim Reser. �c�� RIIRAL AND REMOTE POLICY: Cindy Houben explained that the ��.� •Y� Commission has a very strict schedule to assist in coming up with i•:;;� a regulation by the end of January. The Planning Cammission worked hard over the last several months to bring forward a �-` . reso2ution. Cindy noted that members of the public were part of ��'�' - the process. The results did not come out with a great consensus with everyone that they had hoped. Cindy presented some background information to the Commission. The Planning Commission recommends the area be zoned to 35 acre minimum lot size. Cindy described several scenarios and noted Che environmental concerns in the area which were taken into � consideration in making the recommendation. '�;�� The most critical part of the proposal is the recommendation that every use in the area be reviewed under the specia2 review use criteria, and non-commercial recreational uses be allowed by right. Cindy Houben explained that the Planning Commission -- recommends a 400 s.f. footprint restriction. Bob Child asked about the recommendation for special review and �- prohibited uses and asked why they are not recommended to be allowed by right. Suzanne Caskey explained that the environmental presentation by , . Tom Cardamone convinced the Planning Commission that the area is very fragile which resulted in the recommendation for special '• , revieW of uses. Jim True asked about mechanical enclosure requirements. It was noted that noise was the reason for requiring enclosures. ,� �. Jim True asked about prohibition of septic/leach fieZds. Cindy c �:: Houben explained that she is workinq with the Environmental �j` :r Health Department to find acceptable alternatives. Discussion r'� � easued. �� , j Jim True asked about the prohibition of water wells. Staff clarified. � �,;' ,u._, . ;r:.- � � � •� ;:•.,; ).. - ' � - ' .. � l' � , - � .- ,t� � � : � . r t � r v r�'��i'�1�� f ��ii,��.�p��tt�4� ii'�-: r l-v t �5 '�� . �K�4,� �, �•.'f'�` "�q��r . .. .'+_ �_,` , _.�y ��', t`'�4'�'ti,� �ie��` �A.i# ku �t...� ?�. »� y#�,'��. .}Zi � y?� ,N..k , '',y c� .,Y�� 4 a� � SY � ' � - i 4Fy� f a+� P�'..aw .. � �# �J � C�1�,�Y(.i ! ,.�t a�? -��u�'��.-��..i.-r��"t 'a . .1��:`�� 4'k�?@:4w.- �.� . .�' } �'5�;,+f',: �'3� '�• • '�• . I�'• ��. �� Board of County Gotnm�ssioners = . � _ _ . �n County ''�t � .... Novemher 23.7893 � � ' � Page 2 - � �� 7�"-.''.� ' ' i Wayne Ethridge asked about the maximum building envelope j;,...Y'; ' anticipated. He requested that if there is a restriction to .5 ; acre, the language in the resolution is inadequate and needs to �"'"� ` j be amended to state that .5 acre specificaZly. �:;.; �,• . i ' � Cindy Houben explained the reasoning behind Platforms/Treehouses; ��` � the commercial recreational activity occurring in the area; and �� + heliaopter access for construction. ` Wayne Ethridge noted the recommendation Eor exemption for �• �' ' transfer of development rights. He be7.ieves that this could be �',j ; j problematic when transferring from scoring area to scoring area. ,.t. t ��- � Mick Ireland asked why so many illegal cabins are still in ' . existence in the area and nothing has been done about it. He contends the enforcement has been selective and sends a very bad message. Tom Cardamone made a presentation to the Commission about the ecasystems in the subjeot area. The subalpine ecosystem starts `:;�rr'S just a couple of thousand feet above Aspen. He described the 'tr�"� `' sub-arctic environment found there. Tom displayed several tree samples to demonstrate the difference in growth from one climate to another. Speed of recovery and speed of growth is much quicker in Aspen than in sub-alpine environments. Tom Cardamone described several reasons for the slow recovery and growth. Tom Cardamone has not done any qualitative, quantitative analysis �: in Little Annie. He is speaking about sub-alpine environments in -- general. However, he did use the Little Annie EIS. '� Mick Ireland summarized that any scars would take a long time to heal in the subject area. . � Tom Cardamone described the chambers that the animals create � , , underground, the snow fence that cannot be crossed by the animals, and the potential for the loss of a link in the food chain. Tom also described the compaction of the soils, potential for loss of recovery, and the spruce squirrel activity which �� assists in generating spruce trees. Tom Cardamone explained the Z importance of keeping dead snags for use by birds of grey. �` Discussion ensued on the affects of prohibition of cutting for d�' fi�� f i rewood. '��' � - ' � -_ Steve Crockett offered information on effects of fires in the � .+ � area on growth and recovery. ' 6 �., �t: :. �'�. ,;� •: ,�� s ;�,- . t:_. .:,:,:>. ;�:; rt ., . . ._1 ..i� � : . . .... '� yy 2.�'i+f y �'`1� : : 5�;�� x � a��:� . . S L � . � -� J ��, 4.�a�� L� u3�.-��*Y� L. �, d ��t:�. . , _.. � ,(� �1�. 1° "��,�.- 4 s � ' �t�l�'� ro +i�� ,�t��",t a. tt�� ,w"Y�'�aI �..�r��t'q�,p �iq°r�t ~�?r X 1, . {r: r.�' y' ,r,�� f.ak Ci� •��.. � R ��' , {. � . �.:;.ru�;LE�Y _:...N,fidt�' ��r . � ��e � ;#A LrT.'' �., 5j;i�- .i: . %� 'L • ,y.�' :�, Boerd ol County Commissionets ._ _i PHldn Counry November23,1983 i � Pege3 ..�j.�_;. .1�;.`'.•- .: -�� Wayne Ethridge questions what the critical mass is for — :;.:_r.:-: � destruction of habitat in reference to the comments that "wildly •�;`:;;�._ dispersed cabins create minimal disturbance . . . '� and the ? "density level at which the natural values of Richmond Hill could .;�`,.''•� '�" � ! be irretrievably compromised.�� Tom Cardamone responded. •:r".:, .• i :�. Cindy Houben noted the costs of servicing the area and issues �- ' � involved. She explained that no one wants to see Little Annie ��-'' ':? Road or Richmond Hill Road plowed to allow "driveable car access" �;tr . year-round. Discussion ensued regarding deed restricting to waive the rights �";!� ' to emergency services. •"�t�'_ . i�,�; Steve Crockett explained that when development is approved within . an area that does not have the standard infrastructure that response aqencies are designed for, the owners/residents are put � on notice that traditional response is not possible. � Mick Ireland explained that special districts can be formed to ' ' assure that the residents pay for the services that they incur. �;i'�` � Steve Crockett described the financial impacts on emergency ' services. Any additional development places additional strain on ? emergency services. In the winter, emergency service, rapid response is not going to happen, i .- Staff was requested to compile data on calls for services in the � � subject area. - Bob Child asked for public comment. � �Y Joy Candill believes that big houses are inappropriate in the area. She contends that restrictions are good, but there will be pressure to change the restrictions once people are up there. , ' Smaller cabins are acceptable. • i Stoney Davis owns property in the subject area. He contends that the public came to all of the meetings, and everyone listened, ��; but nothing that was suggested by the pub2ic is in the proposal. i � He contends that everyone that has what they want, now want to .,:.t. restrict anyone else fzom developing their own private property. �r. �:;;;' He contends that the proposed regulation is evidence of social � r•:;i � engineering. People's freedoms are beinq stepped on. Stoney ((� � � - believes that the County is taking the land and if it wants his 3:� � land, it should be paid for. �';; ;';; . Mick Ireland asked Stoney Davis what should be done with the back -'�� side of Aspen Mountain. Stoney responded that the"owners in the '�'r':. ��,.� r . v -i., 4 �.a;.. � ,�,`,'.:':._, . q% ' �. . , . • > A_ t' f,�`1Qp��'.�'«-"'�yY \�f'Y:"rlx�r7Y� +}�SS4 f '�+'�'(. `°�,.,. .. �',� ': . i + ^ � i614� !'r k�i�•5t��u�3'�Y�Yi �f,yy� J,{tA},�' �"�ry:�� f te ye � ^' 7f' t � �..�;� ati'�`i w, ,� C � t�l'� , � ,; �^�,�> .• � �i r .j?,;I:,� �;ls , ' "�l'<.��',��"r. r�,P. ` _'�C:`��.Sl .a"Y'm:.,j .��r� �,� , i 1,� . . �s'' ��i 1:j';: f �. . � . i}.i�- .�� i 'ti �� y�-'�:.� . � � Bonrd of Counly Commissloners • ---- -' PHkM County NoVember 23,1983 . � Page 4 � �� { .. '; area should have the right and ability to come in with a plan. r' �' � Stoney would like to see about 50 houses in the 2500 to 5000 s.f. :�_:r_�� range. Stoney believes that the responsibility of taking care of the area should be borne by the property owners. However, -�a.:� • whatever individual property owners choose to do on their own y,�• ' � property should be their own choice. If, however, Stoney causes � a problem, he would be responsible for it. .;:7;�:� John Miller is President of Castle Creek Investors and owners a ':' great deal of property in the area. He contends that not one ;:�:' single item exists in the document that was suggested, �; . recomme�ded, or approved by the land owners. He believes that �1.; the County is taking their property. If the County wants the '-+•":fi property, it should buy it. If the County doesn't want to buy j it, then give the owners the right to use it. He noted that • � members of the Planning Commission have been ,trespassing on the jproperty, and County employees that have been storing equipment . on his private property. Sterling Cooper is hearinq people are worried that if you allow a little bit oP development, a lot of development will end up ' coming forward. Sterling asked for the chance to work with the •;i".� Commission. Sterling believes that the public was present at the ,� - meetings of the Planning Commission and they listened, but their minds were closed. Sterling believes that the area can be developed and still maintain its character. Sterling believes the area can handle 50 single family homes in the 2500 to 5000 :�. s,f. range. Chuck Vidal warned the Commission against the process being �� followed which he contends is headed for litigati.on. He believes there are many important and common objectives. Chuck does not believe that the resolutions by the Planning Commission have achieved all that great of a solution. An example is the attempt ��, to retain agriculture and Chuck explained that agricultural is � not preserved, just things that look like agricultural are being preserve. He urged the Commission to try a different approach. ' Chuck Vidal believes that if it is in the public good the public _ should pay. He believes that there are number of things which need to come together to get a solution. Conservation easements �� is only one tool in making it work. Nothing alone can work. (' Someone needs to take the lead in beginning the dialogue. r. G �if. �''. Suzanne Caskey noted that the Planning Commission requested the r.-,:s � owners in the area come in with a plan and a creative solution. �'�' � { ' ft ! Chuck Vidal feels that a lot of listening still needs to be done. It is possible that people�s specific agendas may not prevail, ��: (� . ��i'. �.. : �';.`�._ �. . 1...; ` a ,_.�- ��i ,j�., . . . . . /. l.�',�.�: :. . ' 1 . ' � � . °r*-S' ',i.,f y�r�.�r r L � ��t � i� i� �i�,•, - �� . �r �# �{�� 1'�^ ?�7��'��,�'�� .��. . . . � •j; l �� . ., : ' ' � `'•�,.�e�.#`�,S�4�r 'J�,� �1t x�S �„ � � ;=`��if�,,. a��r �. C,�'v._J��} �'�'i'SrSar , ;�:i3�� !�� '�d�� Y��' ! � 49:""'�� •rF , ..�#�6`G'M.�_�� b. .9�!•.��-'��.w^r.'��fli.�"`rM:'e..L..;.`?!.� y�'y�:'�;` '�.. ��: .�� " i, �'' :�. Board ol Couniy Commissloners _ �. Pfllcln County November 23,1893 . . ._ �- Pege 5 . i but some hybrid agenda will result. He urged the Commission to ; ' .-� take the time to do this right. '-'';�r` ' I; .^,. Alan Shaffer concurs with Chuck Vidal's statements. Alan would t.�,�•::-�- . like to see the property purchased. The overwhelming policy �?�:'-° ' i determined in the visioning process was that the property ought to be reserved in its '� ' p present state. If it should be a public � �� , park, then it should take place. But the public needs to pay for �?` the ro ert Com ensation was an element that ot occasional i P P Y• P g �c'. lip service, but the focus was on regulations, because of the i� � deadline and moratorium hanging over the heads of the Planning Commission. He is hopeful that the focus of the conversation can i �4,�. shift to purchase. Alan suggested presenting to the voters the ' '- possibility of buying the land. � .,t.•'; Bill Dunaway noted that if the land cannot be purchase, and if . regulations are needed, the current proposal will only worsen the " situation. Bill summarized the previous Planning Commission discussions which suggested that the size of structures increase with the amount of land dedicated to the one structure. This � would discourage large land owners from dividing into 35 acre ;":�� parcels. '�`'.•' Peter Stouffer has been living in the Little Annie area for the �' - last 6 years. He described the damage which occurred as a result of building a small, romantic, back-country cabin. Because of building code requirements a great deal of infrastructure is . going on. Small, back country cabins is not possible. He urged preservation of the character of the area. �J - Discussion ensued as to the types and level of services which occurred in building the home which Mr. Stouffer helped to build and lives in. = 1.: Peter pobrovolny summarized his recollection of. the meetings with the public on this issue. The public was asked to come back with . a plan but Peter believes that they felt they were up against a � brick wall and didn't not have a chance to develop a plan. He is hopeful that during the Commission hearings the plan will be rejuvenated. `!+ Wayne Ethridge explained that the Commission is a long way from a Er�;� ,, "taking" situation. He would like this discussion reframed to ++ ��z�; what is appropriate rather than an "either/or" situation. ,� zt_'- f � - g Jack Hatfield noted several areas of commonalities between the �-�� proposal and public suggestions. A master planning process was .�'�`. not able to be accomplished. The main issue is use. 5..� • � ,`._-.', `''��. r '" .j, ` � ' a ,� :s?. .. ,t,.-_':.F:. . -..�i _.... _ ,� .� �� A I f I �'�' � U .. � . . �.q .. �.;ri . � . ' ��i � ��' --,�il .1. .�r'. :�. i�' ` �.ky t�� `�'r i ?i : : ': r �(:�, t , crt � �/ �r.a ; �' 'k l . �'� !} ( '"C � s s6'� ,� � °`S^�1 ,�a ;'�� .:1. .� . ~ '"w.� ��+�d';�i�t �+`�r K 1 s � � �-i' �y_� � ' ��, ��' � �+ , `��°'' a�.� � J_•.t: .., , . t'J�! . a� . ' Y. M�. �. '��; .�.:�+�. ... ... . . �"��'�i� v t 'y� �.. ,..�_ c. :�•i, �^ �i. .;y`�� - -� - '�1'.r1 _ .C,� � Boerd oi County Commissloners s�.-� .� i PIWn County I _,, , -{ , . _ , Nrnember 23.1983 . � �.:_lf�:.'..,. r' � Page 6 � .,�'4.,j`. . � ��ti•r.:i;•'^�.��i ,.� ADJOURNMENT: Bob Child closed the meeting. The next meeting on � , ,�,. • !' this item will be held on December 6, 1993. �:: , .� .� Respectfully submitted, ��. � �-±� �x "� � �;..;_,a. 4c ��'� anet Racz"alc �a��9 Recording Secretary� j;;:, ryC � . . RACZAK MMINISTtiA7IVE SEHVICES,INC. - �� : � BOC11 23.83 ' � � �. . * ''��• �i — i . � . . .:��q � I . . . .. ' . . . . . . . . . . �f YJ'f - _ . . . . . � . . . . . . { .� . � . . . . _ � � . � . . ��' . � . . . . � . . . �j� ' �. , �, � �. . . . � . - Pi'' . . . . . . . , . . � . . � .� � .,.. - - � � . . � � . � � . . . �� . . . . , . . . . . � � � � v. . 1 ;\ . . . . . � . . . � . . . . � . . . . . I } . ��pp �_ t ,�'� i - � � . . . � . . . . . �. � . .. - . . '�i,1' � �Lt ` � +�. �S'� f � �'� ;�i,� �. I,.� , �F � � . � . � � � � . i �� L p . I . . . � . } '1 ' ..._._ . . .. .. . .�..._ � -�,.,.. _.._. _.,..__.... ._,�..>_. .. , , ' , _._ ....:.�:,..s...... .,_;�..._.. ....�.......__,_; ..__:.,:_: . . .. . -,- �.'� . .. �, . . i � � .. . . . . ... .. -� ,- n ... . .e. . _ . ..t.� s r . . ` � . . ' ' i ,Gi�`t�'. , ' n�+ �x:,;�` � ^.�k. .,s.: