HomeMy WebLinkAboutbocc.min.reg.08271991 ____.__._.
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PITRIN COONTY COMMISSIONERS
REGULAR ME$TING AGENDA -
` District Court ' .
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TIIESDAY. AIIGIIBT 27. 1991 ' ,:��
5:00 PM PIIBLIO COMMENT
CONS$NT AGSNDA '' �=
1. Ratification of Nominations for Aspen Area Community Plan ;•;,�. ��'
Subcommittee, Amy Margerum
-;'::..,... .,
- ADMINISTRATIVE PUBLIC IiEARINGS ir;�';i"_,�
2. Abatement Hearing - Muller, Walter & Herta, Carol Foote �-°
3. Skier Shuttle Utility Fee, Tim Whitsitt '`^z ,
4. 1991 Supplemental Budget Resolution, Lynn Dunlop ;_�
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I,A2TD USE PDSI,IC AEARINGS .
� 5. Newbert General Submission, Mary Lackner �� �
; 6. Roaring Fork Mobile Home Park Rezoning, Licensing and 1041 �;� ���
- j Hazard Review, Cindy Aouben (TO be tabled at the 'A� ;°
� ' ' request of the applicant) i'� �'�
j 7. Aspen Valley Hospital Master Plan-Ambu2ance Barn, Ellen ��`�"
Sassano ��.'
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LAND USE ACTIONS
-" 8. River Divide Low Tmpact Subdivision Final Plat, Ellen
Sassano '
9. Aspen Valley Hospital Community Picnic Temporary Use Permit, � !•
Suzanne Konchan
10. The Trans American Ultra Quiz Temporary Use Pezmit, Suzanne
�
Konchan ,
ADMINISTRATIVE ACTION3 �'
� 11. Klein Purchase Contract, Mark Fuller
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A BREAK WILL BE TAKEN AT 7 PM. i
PLEASE NOTE: ALL POHLIC HEARTNGS ARE NOTICED FOR 5:00 PM. ACTIIAL TIME8
WILL VARY. '
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MEETING
MINIITES
� BITRIN COIINTY BOARA OF CODNTY COMMISBIONERS �� ,�
REGOLAR MSSTING '
AUG08T 27. 1941
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CALL TO ORDER: Chairman Ethridge called the meeting to order at
5:30 p.m. :'�;
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MEldSBRB PRESENT: Chairman Wayne Ethridge, Commissioners Jim True, .`•�'
Fred Crowley, Bill Tuite and Herschel Ross '
YIISLIC COMNIENT: Gordan Denton, a member of the Aspen Benefit ��
Committee for the Smithsonian Museum for the Native of America , �,� .
appeared before the Board to thank the Board of County * ���
Commissioners and the Pitkin County Building Department for the :�' ;.
opportunity in holding the event at the Elk Mountain Ranch and •�,„� "
Lodge. -#;'- .
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Patty Fox, representing the Waldorf School, appeared before the
Board to request permission to accelerate a zoning variance
application to operate a school at the Buttermilk Powder Panda
Building.
Staff was asked to accelerate the process and bring to a work '��� a
session next week, and a special meeting set to consider the
_ application.
Rob Gile appeared before the Board to request permission to hold ;':x: •
his wedding at the Elk Mountain Lo@ge on September 14. �4%.
�
Suzanne Konchan, Assistant Planning Director, stated that she had
, been contacted by several parties, Rob beinq one of them, that have :.,�� �
lease arrangements with the Elk Mountain Lodge during the month of `����`
September; two weddings and aaother event which is a business ;,� i
luncheon type event. However, the lodqe has been red tagged for
safety violations, and therefore, she suggested that the parties i�• �
appear before the Board tonight to request special permission for • ' -
- their events.
;�
Peter O'Grady stated, that he has the event Por the business group
of 2S0 people to be held on September 27. He requested that his
scheduled event be allowed in the lodge. ,�
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Rocky Chap stated, that he reserved the Elk Mountain Lodge for his ` :
wedding to be he18 on September 28. He requested that his ?;.ti{ : '
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80ARD OF COUNTY COMMISSIONERS 1 AUGIIST 27� 2991 ; �i:i '
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scheduled event be allowed in the lodge.
Members of the Aspen/Pitkin County Building Department proceeded
to discuss the safety issues which needed to be addressed before •
. the events take place. They felt the red tagging could be iifted � '. .
..
for the three events if the recommended changes be made.
Reid Haughey, County Manager, addressed the matter by stating, that '
he thinks the three events could be handled by a special events
permit process. He said staff had been asked to review the special � -
use permit under which the Elk Mountain Lodge is currently :•r
operating under to see if it is in compliance with that permit.
Tim Whitsitt, County Attorney, recommended that the Board require '. >'.� �
the owner ot his representative to come in and obtain the permits ��'� . .
for those three events if they are to be obtained. •;:i ,
A discussion ensued with regard to this matter. � •,j
,-. ,
Mary Martin, stated that the owner was called out of town and could ;�'
not attend this meeting. She said that her group, which had the ' �
last event at the lodge, put money into safety improvements, and =�, :';
the owner put $1400 into more current and better lighting, and �"' =
other money into other safety improvements. She said the building '�"':�'
� brings so much pleasure to so many people, and she would be willing
; to raise money to help the owner bring the building up to code.
Further discussion ensued.
Konchan stated, that she is comfortable that the safety issues can
be dealt with for these three events at a staff level. Iiowever, '�.'
there is a larger issue of whether or not the site is a special
event site, and she thinks that the owner should be come in with
this regard. .
_Ci�
Haughey suggested, that staff would be willing to handle the three �;''
discussed events at a staff level, mitigate the safety issues, etc.
if the Board would delegate the authority to them, and then bring ��� �
back to the Board at the next meeting the status of a special use
. permit. �-.��X
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Staff was instructed to send a letter to the owner that no future
� events will be considered by the Board until the issue is settled. :� �
Commissioaer Crowley moved to direct staff throuqh the building . „
departmeat to solve the life safety problems for the three special
events, and direct ataff to briaq back a report on the special use �
permit, aad have the buildinq Separtment to notify the owner by � • •
letter advisinq him that these are the last three events to be �'
� approved by this Board. Also, that the special use permit be
suspeaded as of October 1, 1991 pendinq the findinq of the staff �!
report to be brouqht back on September 10, 1991. With a second by .�`i �
BOARD OF COIINTY COMMISSIONSRS 2 AIIGIIST 27� 1991 � ��i ,
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Commissioaer Trus, the motion passed unanimouslp.
Glenn Horn appeared before the Board on beha2f of A1 Dietch the -
owner of a piece of property on South 7th Street between Castle .
� Creek and the Marolt Bridge. He said they are asking the Board's �
consideration to expedite a land use review to correct a technical _
error that was made back in 1986 when Pitkin County approved a
subdivision exemption to abandon a trails easement on Mr. Dietch's
property. He said Mr. Dietch is in the process of selling the , _
property, and when the attorneys were getting ready for the closing .
they discovered the technical error in the subdivision exemption. �`+'
He said when an easement is abandoned via subdivision exemption is
does not become effective for seven years. He said they have been '
advised, that the proper procedure would have been an easement �`'•� ,
vacation, and this is a two step review. And because of this �
error, Mr. Dietch's deal to sell the property is on shaky ground. �
Commissioner Ethr3dqe moved that agenda and staff priority be qiven �
� to Mr. Dietch. With a seaond by Commissioner True, the motion ! �
passed unanimously. 'j �
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� � CONSSNT AGENDA
~ ' RATIFZCATTON OF NOMINATIONS FOR ASPEN AREA COMMIINITY PLAN `,i ;.
SUBCOMMITTBE — MOTION TO APPROVS — PASSED UNANIMOIISLY
RESOLIITION APPROVING �►RBITRATORS FOR THS BOARD OF EOUALIZATION —
MOTION TO APPROVE — PASSED [JNANIMOQSLY � ,
i '
RSSOLUTSON APPROYTNG ABATEMENT OR REFIIND OF TA$ES FOR AALTER AND �
HERTA MIIELLER — MOTION TO APPROVE — PASSED iJNANIMOIISLY — Mr.
Mueller was present to request back to 1973. A copy of his letter
a is made a part of this record as EXHIBIT ��A��.
. 1
Ethridge advised Mr. Mueller that the Assessor's office is limited
- by state law to three years of tax rebate. Therefore, they are
recommending, that an amount of $652.58 be rebated. They don't
dispute the fact that the home was improperly measured but state
• �� law limits the County's ability to go back 17 years.
� Commissioner Ross moved approval of the abatement. Aith a second
�.r bp Commissioner Crowley, the motion pa�sed unanimously. �
OPEN LETTER TO THE PEOPLE OF PITRIN COIINTY REGARDZNG HtTNTER CRfiER .
Commissioner Crowley moved to add this letter to the aqenda. Aith
":j a sacond by Commissioner 8thriQge the motioa passed with four pea
� ;� votes by Commissioners Tuite, Crowley, Ethridge and True, and one
>;, abatention by Commissioner Ross.
Ethridge proceeded to read the text of the letter. A copy of this -
lettez is made a part of this record as ERxiBIT ��8��.
HOARD OF COONTY COMMISBIONSRS 3 AUGIIST 27, 1991 i.
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Ethridge asked if there was any member of the public who wished to
speak about this letter.
•.
.. Bill Morman stated, that he thinks the letter is real good. He . • •
also thanked the Board dealing with signs placed in the area. • •
• Commissioner Tuite moved to authorize the Chairman o! the Board of
County Commissioners to siqn the latter. With a second by ,
Commissioner Croaley, the motion passed with four yea votes by .
Comm3ssionera Crowley, Ethridqe, Tuite and True, and oae abstention ?':r
by Commissioaer Ross.
ORDINANCE TO ESTABLISB A SRIER TRAITSPORTATION IITILITY FEE - MOTION � .`�•a� ,
TO CONTINUE - PASSED WITH FOIIR YEA AND ONE NAY VOTE
,: .
Chairman Ethridge opened the publia hearing on the proposed •�
ordinance. There being no comment he entertained a motion to
continue the public hearing. `�, �
,� ,
. .�
Commissioner Ross moved to coatiaue the public hearinq to October ;, ;
15, 1991 on the skier shuttle ntility fee. With a second by � `.'
Commissioner Tuite, the motion passed with four yea votes by : �,,;
� Commisaioners Tuite, Ethridqe, True and Ross, and one nay vote by � ; .
Commissioner crowiey.
BECOND RSADING - 1991 SUPPLEMENTAL BDDGET R&SOLUTION - MOTION TO
APPROVB - PASSED IINANIMOIISLY - Lynn Dunlop proceeded to summarize
the purpose of the budget appropriation is to mitigate some of the ,
revenue short falls which the County has experienced this winter ��,. �
and spring which are primarily from sales tax being down,
reductions in vehicle registrations, and construction in the
community affecting building inspection revenues. ;��
' Chairman Ethridge opened the hearing to public comment. There ;R� '
being none, he closed the public hearing.
Commissioner Ross moved approval of the 1991 Supplemental Budqat .`�,��
. Resolution. Nith a secon8 by Commissioner Crowley, the motion
passed unanimously. �;-��.(I
REB4LDTION APPROVING GENERAI, BIIBMISSION FOR A SINGLE FAMILY AOIISE
SIIHMITTED BY CHR28 AND BIRGITTE NEWBERT - MOTION TO APPROVE - ; i' . .
PASSED IINANIMOOSLY - Mary Lackner, representing the Planning
Office, summarized this item by stating, that the applicants, Chris . ,
and Birgitte Newbert, are requesting approval to construct a single ',�I
family residence with an attached garage on a metes and bounds
, parcel located in the Sopris Mountain Ranch. ;, '
Lackner said the general submission concern with the Sopris
Mountain Ranch area has to do with the road design construction. �.�;� _
She said the existing road system around the ranch has received no : � _
BOARD OF COIINTY COMMISSIONERS 4 AOGIIST 27� 1991 ' `T�
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County approvals, and the county engineer is requesting that prior
to any approvals, the road be brought up to County V Access -
Standards. �'
•.
'- Lackner said the Planning and Zoning Commission and Planning Staff • � •
are recommendinq approval of the application with the conditions � '
listed in staff's memorandum.
John Young, representing the applicant, stated, that they have � , _
reviewed all the conditions of approval as the Planning Office has .
suggested, and agree to abide by them. "''
Young presented a site plan showing the proposed building envelope. ;�' :`n•.•
� ,S
Commiasioner Rosa moved approval of the Newbert General 8ubmissioa. �
Commissioner Crowley seconded the motion. � '
A discussion ensued with regard to wildlife and particularly
calving areas. i
� Young addressed the matter by stating, that there are migratory ; �1
movements throughout the ranch. However, the main miqration �.:•`
� corridors are not on the ranch.
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i A discussion ensued with regard to Condition 2 (d) which states "a
' metal roof shall be placed on all buildings."
It was agreed that the language shall state "a metal, tile or
asphalt roof shall be placed on all buildings."
�
' Commisaioaer Ross accepted this lanquaqe change in his mot3on of
� approval. Commissioner Crowley accepted the lanquaqe cLanqe to his i�
� second to the motion of approval.
True suggested that a condition be added, that "all development
j activity shall be within a building envelope."
� Commissioners Roas and Crowley acceptod this to their motioa of I'
• approval. �� .
.; �
� Young asked for a clarification that the driveway would be exempt �
� from this condition.
; Ross stated, that it was not his intent to include the driveway. ��.•
�" Etbridqe called for a vote on the motion. The motion passed �
� unanimously. �� ,. ,
i ROARINt3 FORR MOHILB $OME PARK REZONING LICENSING AND 1041 HAZARD
� REDIEtiP - MOTION TO TABLE - PASSED IINANIMOIISLY
i 1' ' �
� Ethridge stated, that the applicant has requested that this item
SOARD OF COIINTY COMMISBIONERB 5 AIIGUST 27� 1991 � i
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be tabled to November 12, 1991.
Ethridge opened the hearing to public comment. There being none, • .
he entertained a motion to table the matter and continued the ' -
., public hearing to November 12, 1991. '
Commissioner Crowley moved to tabie the matter to November 12, -
1991. lfith a aecond by Commissioner Tuite, the motion passed
unanimously. •
RESOLIITION RECOMMENDING A MASTER PI+AN AMENDMENT APPROVAL TO THE �.r .'.
ASPEN VALLEY HOBPITAL DISTRICT TO ALLOW CONBTRIICTION OF AN
AMSULANCS GARAGE AND EMER(3ENCY EMPLQYES OUARTSRS - MOTION TO ;. >?..Vj"` �
APPROYE - PASBED IINANIMOUSLY - Ellen Sassano, representing the '
Planninq Office, summarized this time by stating, that the • '',•-, �
applicant, Aspen Valley Hospital District, is requesting a master ;.��
plan amendment to allow construction of an ambulance garage and ,j
emergency employee quarters to be housed within a two story ,-
structure build into the ground of the hospital property. A 2,000 �w �
square foot garage and 2,00o square foot living quarters are ;+ ��
proposed. �"�_ '
Sassano said that with regard to the living quarters, the Planning �i�{"'�'
Commission wanted to make it clear that the units are to be ;"
sleeping quarters to be used on a temporary basis only by ambulance ';
drivers who are on call; not to be rented. The Planning Commission
recommended approval of the application with a number of conditions
+ they #orwarded to the Board as recommendations. A copy of these
conditions are made a part of this record as EXHIBIT ��c��. She said
� the Planning office also recommends approval with the recommended �'' ! •
i conditions in staff's memorandum.
- - ; A discussion ensued with regard to Condition No. 9 (a) which states %'�,'
i "the expansion of the cafeteria shall require the addition of a Y�� �
� grease interceptor.° ��%•
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It was agreed, that the condition should be deleted. :��'� ,
• ! Further discussion ensued with reqard to the recommended conditions ;•��� .
by staff and the planning commission. ;' �'
Ethridge opened the hearing to public comment.
� .
King Woodward, an adjacent property owner, stated that he would �
Zike to look at the color of the roofs to be assured, that they are �' .' '
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non reflective.
� j Tom Lake, representing the applicant, stated that they intend to R�
work closely with the homeowners' association and the adjacent `9�.`' .
property owners in this respect. a .
;i .
Nick Kuhn asked what the plans are for the trail and the gate Por , �t - . _
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SOARD OF COIINTY COMMISBIONERB 6 AUGUST 27, 1991 '�'� '
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people who do volunteer work in the hospital.
Lake responded that the topic had come up on numerous occasions
because they do have quite a few people who volunteer who live in
`• Meadowood, quite a few people who come down for board meetings or ' �. ,
financial committee meetings. Therefore, leaving the gate where ,
it exists would he fine with them. However, they have been told
by the men on the Board, that the gate has to be closed as soon as �
the cross country trail is not used anymore from a liability ' _
standpoint. ,
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Ethridqe closed the public hearing.
- Commissioaer Crowley moved to approve the amendment to allow the ' r �~j" �
Aspen valley Hospital to build an ambulance barn outside tha aorrral .
maste= plan process �ritL the chanqes discussed in the conditions. � ,
Commiasioner Ross seconded the motion. �
Lake asked if he could further comment on the conditions. t
�
With raqard to ConBition No. 8, he said the Stata of Colorado does [ ��
not regulste ambulanae qaraqes. It was agreed that the condition
will refer to the Pitkin County Sealth Department. �:..,
• � ,
' Commissioner Crowley accegted this change to his motion. � -:'
Commissionas Ross also accepted this chanqe to the motion. �.
f
Lake continued with regard to Condition No. 4 regarding a pro-rata (
share for improvements to Castle Creek Road. He said, they are a �;
public agency and are growing to meet the needs of the community. �
�j; Therefore, they do not feel that it is fair for them to be paying !'
for those improvements. He said he thinks it would be a much t
- cleaner relationship if road and bridge revenue would pay for >
• repairing roads and use ambulance revenue for health care tax � , .
dollars to pay for ambulance and health care facilities. ,
;.�
A discussion ensued with regard to this matter. �
. ,; f : .
.� Commiasioner Crowiey amended his motion to strika Condition No. �.
i Commissioner Ross acaspted this amendment.
:,� A discussion ensued with regard to the concern of the Meadowood
� Homeowners with regard to the color of the back of the building •
which faces their property.
,j Commissioner Crowley amended his motion tbat a new cond3tion be '
� ad8ed which statas: ��the applicant shall consult vrith the Meadowood
� � Arohitectural control committee, the Twin Ridge Homeowners� .. .
Association adjacent property owners reqarding the desiga, color '
and material of the back of the building, vhich wf1Z be the facade
facinq the Meadowood Subdivision. Commissioner Ross accepteII this i ,
amendment to his aecond.
:;
HOARD OF COUNTY COMMI68IONERB 7 AUGUBT 27� 1991
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Chairman Ethridqe aalled for a vote on the motion as amended. The
motion passed uaanimously.
RESOLOTION GRANTING FINAL PLAT APPROVAL TO THE BCHLUMHERGER LOW ' ,
IMPACT SDBDIVISION ARA/ RIVER DIVIDE - MOTION TO APPROVS - PASSED
IINANIMOIISLY - Ellen Sassano, representing the Planning Office, �
summarized this item by stating, that the applicant Aspen River
Valley and Martin Schlumberger is requesting final plat approval ' -
of the Schlumberger Low Impact Subdivision. The proposed :•.r �'
subdivision of two lots received 1041 environmental hazard and �
general submission approval from the Board of County Commissioners
on December 4, 1990. She said there are not outstanding issues, �' ��'��� �
and staff recommends approval of the application with conditions. .
- A copy of these conditions are made a part of this record as � ,
gR$IgIT uDn, :.�
. .f
Ethridge asked that Condition No. 1 (d) be rewritten to state "the .•
applicant shall clearly indicate the highway right-of-way". •,s
i.
Martin Schlumberger, applicant, referred to Item B of the Revisions �,� s'
to covenants. He asked that this item be taken out entirely.
..�i ..
- ;; 'f :
Sassano addressed this request by stating, that the Low Impact
Subdivision Regulations stipulate, that the applicant shall make r
provisions to insure historic access to ditches and headgates. So
this condition comes straight from the Low Impact Subdivision
Regulations. The intent is to make sure that the agricultural
integrity of the property remains intact.
�'. ,
A discussion ensued with regard to this matter.
:�
Schlumburger stated, that this paragraph is acceptable. His :�,'� . .
- objection is with the language that states "In the event that one •:i�
or more of the lots are not to be permanently occupied, the '���
� applicant "shall make provisions to insure adequate maintenance for �� �
irrigation ditches which traverse the site." He said there are
irrigation ditches that traverse the site that have no water right ,��
to a person who owns that property. He has objection to having to ``?,•'�.
• maintain a ditch that he has no interest in and has no right to ` �
, touch. �` �
f;
Commissioner Ross moved to strike tbe seoond paraqraph. With a ' ` �
second by Commissioner Crowley, the motion passed unanimously.
Commissioner Rosa moved to approve the Schlumberqer Low Impact .
Subdivision. Nith a second by Commission Crowley, the motion
passed uaanimously. . "
,.:
ASPEN VALLEY H08PITAI, COMMIINITY PICNIC TEMPORARY US& PERMIT - �
MOTION TO APPROVE - PASSED iTNANZMODSLY ..'�
�,
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HOARD OF COUNTY COMMISSIONERS 8 AIIGUBT 27� 1991 :�s+
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Commis$ioner crowley moved approvai of the Aspen valiey Hospitai
Community Picnic Temporary IIse Permit to be heid on september 7,
� 1991 celebration to commemorate their anniversary. With a second
by Commisaioner Rosa the motion passed unaaimously.
.
�' R880LDTION GRANTING A TEMPORARY USE PERZSIT TO ALTBRNATE CIIRRENTING
INTERNATIONAL - MOTION TO APPROVE - PASSED IINANIMOIISLY
Commissioner Ross moved approval of the Temporary IIse Permit with
conditions, to Alteraate Currenting International to film a � :
television ahow on October 4, 1991. With a aecond bp Commisaioner ;';YN.
Crowley, the motion pasaed unanimously.
RESOLi1TION AIITHORIZINti EXECIITION OF TH& RLEIN REAL ESTATE CONTRACT �':'*�'�.;�'�
MOTION TO APPROVS - PASSSD IINANIMDIISLY - Reid Haughey stated, that ��'
as per direction at the work session when this matter was ;,�.� ,
discussed, the resolution has been amended to add language
regarding how to pay taxes in the year of closing, and that ;•."j
j language has been added. ;". • ' '.
; k� ��
� Commissioner Ross moved approval of the Resolution Authorizinq ;:;, �. �
Esecution of the Rleia Real Estate Contract with conditions as ��; {A
; amended. With a secoad by Commissioher Tuite, the motioa passed , '• �
" ' unanimousiy. ���'r ;
i ;;
An7oIIRNMENT: The meeting was adjourned at 7:2o p.m. }
r
�
R p ctfully s it ed,
; �5 , .
� nette Jones
i erk to the B ard of County Commissioners
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BOARD OF CaONTY COI�IIdI88ION8RB 9 AD6IIST 27� 1991 !'i� .� �
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Pitkin County Assessor� PI1KItd GG'U�+7Y :,..
p,1';:;+,Hearinc[s1;;cits / ...
506 E. Main Street ��-9'_,. >;;.�
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Desr Ton Isascc: �=•`:'l`:''. 11 ""-rl---T
An investigation oP the assessment o� our property, lot 17, Bloek2, ._
� Pt_tkin Green Subdivision, revealed that in 19'73 your office� ''�r
incsorsectly aeasured the house �16 sqit or 19� too high. ;`.:,•_<•-.,'
:f.°.�'
Until. aow we have never seen or questioned the correctness oi this
sssessment, taking for granted that the bui:ldi.ng and accups�cy f �
Ii pernit of our county was the ¢orrect neasurment. For 17 yesrs we �
�
have been paying too high a tax, which aecarding to 9our statement
� can only be eompensated �or two years„ in account of State Law Zini- �j��
. � tations. To aor�ply with the letter of the law, in this c�se, would '�!>`
. �•.y
r f olearly be in eontradiction to the intend of our constitution, !3':'�
, �;:
' base@ on justice, mora�ity and honesty. Since we did not eause the �.`'
;;
� error;we feel i:hat we are entitled to the Pu1Z rePund aP the overpaid f:
� f�.
! taxes. In aur opinion an adjustment of the new assessrrent in the
� �: .
aaount of the overpaid taxes, would be a jnst compensation without +
; .
�.j eoagra�nising the conscience of aqp autharity. ^ ��'
��� Anothet� thought ta this matter. When we settled in Aspen 25 ye�:rs �
i a�go, we selected a guiet and beautifu� town £or retirement. The wild � •� �
i real estate speculation in Aspen does not enhance our income. At age
'' 83 and 84, the anit thing we are haping for is an affor@able and f .
;; peaoeful sanset for our lifes.
}:
Resnectfu2ly yours l
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August 27, 1991
Re: �,n ODen Letter to the Peot�le of Pitkin Countv • :'r�
At this point in time, it is undoubtedly not news to anyone in this
County that there is an ongoinq dispute between the County and , J'.� �
numerous landowners with respect to the existence of a public �. . .
access roadway across private lands into the Hunter Creek Valley. :'
The County recently took certain actions in order to insure that
public access remains available along this route during the ,
pendancy of litigation among the parties as to this road. In those �
actions, the County asked that the McCloskey family remove a gate � ;
which had been recently placed on the road on the Red Mountain side ; �
ot their property and remove certain "Private Property" signs which 1:. �'
�, had been placed in or adjacent to the roadway. The McCloskeys '
; responded by removing the gate and the County has taken the further ��'`j:
step of removing those signs considered by it to be inappropriate.
Regardless of the continuing disagreement over the existence of
that public access, there is one issue upon which the County and
the McCloskey family do agree. That issue is that the McCloskey
family does have a home and a substantial parcel of private '
� property in which there are no public rights and which they have '
a right to enjoy peaceably. We therefore urge all users of this
� access to respect the clear private property rights of the
McCloskeys and all other land owners located upon either side of , -
the disputed access road. '••
�.
' The County Commissioners and the McCloskeys have recently met and "�
discussed�these issues and have jointly agreed that the McCloskeys k�
• may replace their gate immediately, so long as they further agree (
during the pendancy of this legal action to leave the gate open i I
(with a locking device to prevent its closure). The McCloskeys � �
have further been advised to work with County staff to determine
where "Private Property" signs may be posted without objections ,
from the County. It is ouz belief that this procedure will insure �'„
continued access across the roadway with provision for recognition ,
of the private lands surroundinq this disputed roadway.
� It is our hope that temperate and considerate behavior by all will •�
lead shortly to a resolution of all remaining issues in this case. �::
i .
AdmiNstration Counly Commissionets CouMy Attomey Personnel and Ffnar+ae RoM ard B�id9e I ' ,
.; 530 E Main.3rd Floor Suite B SWte I Suite F ��9e�� � - .
Aspen,CO 81611 506 E Main SVeet 530 E.Main SVaet 530 E.Main SVeet 2027a W H�9MaaY 82
(303)920-5200 Aspen,CA B7617 ASpen,CO B161t Aspen.C0876l7 Aspen.CO 87611
- . ' FAX 920�5198 ' � (303)92P5150 (303j920-5190 ' (303)920-5220 (303)920-5390 '
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RECOMMLrNDATIONO
Staff recommends one the following: ` •'�,.� ,
1. A recommendation to the Board for approval of the amendment `T � .
subject to the elimination of the employee housing building � .
as it is currently situated based on its visual impact on the 9 .�.
! Highway 82 corridor. �
2, Tabling for a site visit by the Commission to review visual ; ;
_ impacts associated with the proposed multi-family structure. ; '~
I ,. ,
Staff has included recommended conditions, in the event that the V��'f;
� Commission chooses to recommend approval of the application, as
proposed. They are as follows:
� :...
1. The applicant shall abide by all pertinent conditions of
. Resolution No. 89-79. �
I 2. Prior to issuance of a building permit, the applicant shall �
� provide a "wi12 serve" letter from the water department and
. ! coordinate with the water department to investigate the
feasibility of installing a second water feed source. A ,
' signed agreement between the Hospital and Water Department
; for use of raw water for irrigation shall be submitted prior t:
! to issuance of a building permit. �_
. } 3. Prior to issuance of a building permit the applicant shall �.
� provide adequate water supply for fire flow to the ;,I.
` satisfaction of the Fire Marshal.
) �
+ 4. Prior to issuance of a building permit, the applicant shall .
pay a pro rata share for improvements to Castle Creek Road.
+ The pro rata share shall be determined by the County Enyineer ; . ,
based on the most current traffic analysis for the Castle
� Creek Road. •
` 5. Prior to review before the Board, parking design for the .
# employee housing building shall be reviewed and approved by .�'
, the County Engineer. Employee parking shall be designed to �I�� .
accommodate overflow parking from the senior center. ��` �
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6. Prior to review before the Board, drainage plans, and
specifically, treatment of non-point source pollutants, shall
be reviewed and approved by the Environmental Health
t. . Department. � '� �
'7. Prior to issuance of a building permit, the applicant shall
submit a drainage plan which addresses mitigation of poorly
designed drainage from the Senior Center. Said plan shall be
reviewed and approved by the County Engineer. "
8. The applicant shall comply with County air quality regulations ` r
in effect at the time of issuance of a building permit. . .
j'•�
9. The applicaat shall compZy with any applicable regulations of •"' .
the Health Facilities Division of the Colorado Department of � ,
Health. ,�
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10. Kitchen design shall comply with the "Rules and Regulations �•. �
Governing the Sanitation of Food Service Establishments in ;i
Colorado" and be licensed as a food service establishment. ;; i'
Prior to any kitchen construction or remodeling, the operator :i', ':
„ shall submit plans and specifications for changes (from the ="� :
existing status) to the Environmental Health Department. ;��'"
t .
li. Prior to issuance of a building permit, the applicant shall `
be in compliance with the following:
a. The expansion of the cafeteria shall require the addition
of a qrease interceptor. '
b. vehicle garages with floor drains shall require I
- installation of a District approved (ACSD) oil and �
sand separator. �� . �
c. Roof drains and outdoor floor drains shall be �1''
serviced by a dry well. j .i
� t � .
• d. Cut sheets for the revised access road and the detailed �
drawings for the on-site drainage plan shall be reviewed '''[�:,
and approved by ACSD. ��
e. All connection and related fees shall be paid prior to ��
tapping into the City system.
f. The applicant shall investigate the remaining capacity � .� �
� of the on-site collection system since the AVH master
� plan has expanded and the flows within the on-site
collection continue to increase.
12. The applicant shall comply with the Meadowood Homeowners °`� ; ,
' Association covenants concerning building design in design of ,� .
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the single family residence on-site. Said residence shall be
limited to a maximum size of 3,500 square fee�. .
..
13. Prior to issuance of a building Department the applicant shall • "
�. provide "will-serve" letters for electric and natural gas '
- service. .
14. The applicant shall revegetate any areas disturbed during .
construction within one growing season of construction. _
• •.r .
15. Any deed restrictions required by the Housing Authority shall
be recorded prior to issuance of a building permit. :"r -
. ��+,�',�� �-
16. The applicant shall obtain a fugitive dust control permit from '�•,7 �
: the Environmental Health Department prior to issuance of an ' '� `
excavation permit.
•f
17. Prior to issuance of a building permit, design of the new ` �
habitable structures and additions to existing structures 4s �
shall be reviewed and approved by the Fire Marshal for -•� �.
conformance with Fire Code. r� '�`
;
- ;�i�.;..
� 18. All representations made as to building materials shall be
adhered to. �
19. Prior to issuance of certificates of occupancy, the applicant,
in coordination with the County, shall complete the relocation
and improvement of the Doolittle/Castle Creek Road •; ,
intersection. Temporary access to the Hospital, Castle Ridge, �'� , .
Twin Ridge and Mountain oaks shall be provided during the
construction of the new entrance. A temporary access plan �_�
shall be approved by the County Engineer prior to issuance of
� an excavation permit. ��� •
:�;.
20. Prior to issuance of an excavation permit the applicant shall
provide a traffic control plan which shall address :',• ��
construction traffic control, signing, delineation of cross
walks, flagging, pavement damage and disposal of material. �•.,;"
� Said Plan shall be reviewed and approved by the County :;� �:
Engineer.
21. Construction shall be limited to the hours between 8:00 a.m. � � .
and 5:00 p.m. Monday through Friday and to the hours between
9:00 a.m. and 6:00 p.m, on Saturday. •
22. All representations depicted on the Landscaping plan shall be
adhered to. ��, '"'
23. All parking lot and outdoor building lights shall conform to
Lighting Standards specified in the Pitkin County Land Use _`;�` :
' Code at the time of issuance of a building permit. (
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24. All cuts and fills on the project shall not exceed 2:1 slopes
and shall be fully revegetated.
�::..
25. The applicant shall coordinate with the City Engineerinq . • �
:. Department on design considerations for development within � �
; City public rights-of-way and shall obtain necessary permits
for any work or development within city public rights-of-way ' �.
from the City Streets Department. '=:,:
� 26. A cost estimate and provision for a letter of credit for ±:'.ry�
' j landscaping and revegetation for the site shall be provided �� '� '
by the applicant prior to issuance of a building permit. �'.�•;_�••..
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27. Prior to review by the Board of County Commissioners, the � .
�± applicant shall submit an alignment for the relocated nordic F� � .
j trail which meets the approval of the Nordic Council and
� Planning Staff. •f �. ;
� j ,
28. No building shall occur on slopes which exceed 15� in grade. FI ';
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29. All material representations made in the public hearing and !�, '-r
_ in the application shall be adhered to, i,�,.,
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BOARD OF C9.C0�`�+°JI'R'S .�?�-��ri+}��.i t..�
pitKlid CQUM'(Y
pi:Ltic Hearinp C-xhibits
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D'a�...___--.P- 6,EK, �}a� �.�
:. sun;,���iv�`� v�b 4- ' �.�.
,:th ��;:,. —_!!-�-!'°.-----°
� RECOMMENDATION ,
Staff recommends approval of the Schlumberqex Low Impact � �
Subdivision Final Plat subject to the following conditions: � ,.<�,
1�:�
i 1) Prior to recording of the Einal plat and covenants, the ;:`�. .
; following revisions shall be made: :�� - ,
� Plat Revisions ' •.i
<• .
ia. The fishing easement shall be noted on the Plat by '. f�,i ;
book and page; ;, ;
;;w: ::.
„ � b. The 100 year floodplain elevation, as estahlished by a � �:
� professional engineer, shall be clearly delineated on the " ��'��'
plat;
c. Property lines separating the parcels sha12 be more
a
clearly defined.
d. Highway 82 is shown o» the plat as 80 feet wide. The ;�.�..'
applicant shall clarify as to whether this width includes '
the Highway right-of-way or shows pavement only; .�
. i ;'�
e. Delineate and identify the irrigation ditch on Lot 2. , -
f. If, as represented on the General Submission Plan �{".
" Exhibit, there is a 5� foot access easement on portions .:''�j
p of the southeastern and eastern property boundary of Lot : �j
- 2, the easement shall be delineated on the Plat.
�'�., .
. g. The driveway for Lot 2 shall be delineatad on the Plat. -•' �
h. Temporary access permits which have been issued for well ". �•
drilling are reflected on the plat. The applicant shall
obtain residential access permits prior to issuance of i'.: `•;
a building permit. The plat shall reflect the
residential, rather than temporary permits.
Revisions to Covenants -� �
a. Article V Y tit ` .
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Paragraph 1 - Amend to read, "All structures, except , :
, fencing, shall be constructed within the building
envelopes as shown on the plat of the subdivision." •- .
.�.,.
;, Paragraph 2 - Add a sentence which stipulates that the : �.�
barn on lot 2 shall be limited to a maximum floor area
of 2,500 square feet, inclusive of a caretaker unit. -
b. Pursuant to Section 4-6.1(D) (iii)f. of the Land Use Code, . � :_
the applicant "shall make provisions to insure historic �
; �..::. .. ,.
' i access to ditches (and) headgates..." Provisions shall .�•` r
be referenced in the Covenants.
�;t, j;�;•
In the event that one or more of the lots are not to be Q
permanently occupied, the applicant "shall make �'^ �
� provisions to insure adequate maintenance for irrigation
ditches which traverse the site." '��
!
c. Any amendments to the covenants which contradict :`s`., .
conditions of approval referenced in Board of County i: ��'
Commissioner Resolution #90-162 shall be subject to ;:�, ;.�
approval by the Board of County Commissioners. '[`;;�'y
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