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HomeMy WebLinkAboutBOCC Packet 11282012 Minutes1:00 PM 2:00 PM PITHIN COUNTY COMMISSIONERS WORK SESSION AGENDA TUESDAY, NOVEMBER 6, 2012 Election Day — Meeting cancelled PITKIN COUNTY COMMISSIONERS WORK SESSION AGENDA ASPEN FIREHC)USF, WEDNESDAY, NOVEMBER 7, 2012 Oil & Gas Comment Letter on Proposed COGCC Rulemaking Ellen Sassano SPECIAL MEETING — EXECUTIVE SESSION 1. Sutey Land Exchange CRS 2�4-6-402(4)(e) 2. Housing Acquisition CRS 24-6-402(4)(a) 3. Hydro IGA CRS 24-6-402(4)(b) 4:30 PM ADJOURN SPECIAL MEETING SATURDAY, NOVEMBER 10, 2012 Aspen Valley Hospital Ribbon Cutting Ceremony 10:00 AM — 2:00 PM AGENDA SUBJECT TO CHANGE John Ely MINUTES OF WORK SESSION Date: November 7, 2012 Commissioners present: ❑ Jack Hatfield � Rob Ittner � George Newman ❑ MichaelOwsley � Rachel Richards Meeting Start Time: 1:10 PM Commissioners not present: � Jack Hatfield ❑ Rob Ittner ❑ George Newman � Michael Owsley ❑ Rachel Richards WORK SESSION ITEM: Oil & Gas Comment Letter on Proposed COGCC Rulemaking, Ellen Sassano Ellen Sassano explained there are 2 proposed rules changes: 1) setback rules and 2) water quality sampling and monitoring. She reviewed the recommendations she has made in the drafted comment letter. The Board discussed changes to the draft document regarding setbacks. She provided and overview of the suggested changes made by Kurt Dahl, Environmental Health Manager regarding water quality. The Board recommended changes regarding water monitoring. STAFF DIRECTION: Staff was provided additional content for the letter and will prepare a revised letter for the Board's signature. Commissioner Richards requested a copy of the letter be provided to QQ. MEETING ADJOURNED AT 1:55 FOR EXECUTIVE SESSION Prepared by: , - ' - -- Phylis attice, Assistant County Manager Michael M. Owsley, Chairman Board of County Commissioners Respectfully � �' / ce K. Vos Caudill, Clerk and Recorder PITKIN COUNTY COMMISSIONERS / REGULAR MEETING AGENDA I.� RIO GRANDE MEETINC Fi00M WEDNESDAY, NOVEMBER 14, 2012 10:00 AM — SPECIAL MEETING — EXECUTIVE SESSION — PLAZA 3 • Negotiations CRS 24-6-402 (4)(e) 12:00 NOON ADDITIONS/DELETIONS TO AGENDA PUBLIC COMMENT, COMMISSIONER COMMENTS CONSENT ACTIONS 1. Work Session Minutes of 10/9, 10/16 and 10/23/12 2. Resolution Approving a Revision to the 2012 Budget for the 1/2 Cent Transit Sales and Use T�, Brian Pettet & Tom Oken 3. Resolution Approving the Initia12013 Budget for the 1/2 Cent Transit Sales and Use Tax, Tom Oken CONSENT ACTIONS- lst Readings, Set for Public Hearin� on November 28, 2012 4. Resolution Setting Initial Airport Fees and Charges for 2013, Jim Elwood & Tom Oken 5. Ordinance Approving the Purchase of Columbines at Elk Run Unit 104 for the Pitkin County Employee Housing Inventary and Authorizing the Chair to Execute the Necessary Documents, Jon Peacock, Brian Pettet & John Redmond CONSENT ACTIONS- lst Readings, Set for Public Hearing on December _512Q12 6. Airport Master Plan, Jim Elwood CONSENT PUBLIC HEARING, 2°d Readin� 7. Resolution Accepting a Grant Offer from the Community Office for Resource Efficiency, Jack Wheeler 8. Ordinance Amending Title 9(Roads and Public Places) of the Pitkin County Code by Adding a New Section 9.08 Titled Address Standards, Ginny Bultman, Bruce Romero, Cindy Houben LAND USE CONSENT PUBLIC HEARINGS 1. WCCP 1 LLC, WCCP2 LLC, Compass for Lifelong Discovery Rezoning, 2nd Reading, (Continued from 10/24/12), (PH 8/23/12), S. Wolff 2. WCCP1 LLC, WCCP2 LLC, Compass for Lifelong Discovery PUB Master Plan Amendments, Amendment to BOCC Resolution No. 036-2008, Subdivision Exemption for Lot Line Adjustments, Activity Envelope Review, Minor Amendment to Development Permit, (Continued from 10/24/12), PH (PH 8/23/12), S. Wolff LAND USE ACTIONS 3. R-6 Zone District Land Use Code Text Amendment, 2°a Reading, M. Kraemer 4. Ridge of Red Mountain Rezoning, 2"d Reading, M. Kraemer BOCC OPEN DISCUSSION ADJOURN AGENDA SUBJECT TO CHANGE MINUTES BOARD OF COUNTY COMMISSIONERS REGULAR MEETING NOVEMBER 14, 2012 RIO GRANDE MEETING ROOM NOTE: For all staff memorandums and associated documents, including additional exhibits submitted to the record, refer to the BOCC PACKET FOR NOVEMBER 14, 2012. CALL TO ORDER: Chairman Michael Owsley called the Board of County Commissioners Regular Meeting to order at 12:00 PM. COUNTY COMMISSION MEMBERS PRESENT: Michael Owsley, Jack Hatfield, Rachel Richards, George Newman and Rob Ittner COMMISSION MEMBERS ABSENT: None ADDITIONS/DELETIONS TO THE AGENDA: Lyndee Dean, Clerk to the BOCC, announced that there was a typographical error under number 1 of the Consent Actions. The last set of minutes under Consent Actions read 10/12/12. They should read 10/23/12. The correction will be made to the agenda. PUBLIC COMMENT: None COMMISSIONER COMMENTS: Commissioner Richards, Commissioner Newman and Commissioner Hatfield gave the full board's thanks to the staff at the County Clerk and Recorder's office for running a smooth, seamless and clean election and were happy to see the large turnout of voters (close to a 98% turnout of active voters). It was noted that the Clerk's office is still working on finalizing the ballot count, primarily provisional ballots. Thanks were also given to all the election judges as well as the Republican and Democratic Chairpersons, Frieda Wallison and Blanca O'Leary respectively. BOARD OF COUNTY COMMISSIONERS 1 REGULAR MEETING NOVEMBER 14, 2012 ��.� � . � v � Commissioner Richards asked all Americans to come together after the election for the best of their communities and the nation. She also congratulated Commissioner Michael Owsley and Commissioner George Newman on their re-elections and welcomed, in his absence, incoming Commissioner Steve Child who will be taking over for Commissioner Jack Hatfield who is term limited out. Commissioner Rob Ittner addressed the east coast devastation due to Hurricane Sandy. Tens of thousands of people are without homes or electric power and he offered his blessings to those going through all of that. He asked everyone to reach out to the Red Cross or other reputable charitable organizations to assist in the recovery of those in need. CONSENT ACTIONS: MINUTES OF THE BOARD OF COUNTY COMMISSIONERS' WORK SESSION MEETINGS OF OCTOBER 9, OCTOBER 16 AND OCTOBER 23, 2012 — MOTION TO APPROVE STAFF: LYNDEE R. DEAN/JEANETTE JONES. CLERKS TO THE BOCC Commissioner Richards moved to approve the October 23, 2012 minutes. Commissioner Hatfield seconded the motion. Motion passed 4 to 1 with Commissioners Owsley, Hatfield, Richards, and Newman voting aye and Commissioner Ittner abstaining due to his absence from this meeting. Commissioner Hatfield moved to approve the October 9 and October 16, 2012 minutes. Commissioner Ittner seconded the motion. Motion passed 4 to 1 with Commissioners Owsley, Hatfield, Newman, and Ittner voting aye and Commissioner Richards abstaining. READING ON RESOLUTION APPROVING A REVISION TO THE 2012 BUDGET FOR THE'/Z-CENT TRANSIT SALES AND USE TAX FUND — MOTION TO APPROVE STAFF: BRIAN PETTET AND TOM OKEN Commissioner Richards moved to approve the Resolution approving a revision to the 2012 Budget for the'/2-cent transit sales and use tax fund. Commissioner Newman seconded the motion. Commissioner HatField will vote nay on this item as he has a real concern for this expenditure and actually the pedestrian crossing which will now be a tunnel. He said that we have many unsafe intersections and he's just not sure about the expenditures related to this and where all of the money is coming from at the end of the day. He said that he was shocked by the 3000 hours of planning. Chairman Owsley called the question to approve. Motion passed 4 to 1 with Commissioners Owsley, Newman, Richards and Ittner voting aye and Commissioner Hatfield voting nay for reasons shown above. BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING NOVEMBER 14, 2012 READfNG 4N RESOLUTfON APPROVING THE INITIAL 2013 BUDGET FOR THE'/2- CENT TRANSIT SALES AND USE TAX FUND — MOTION TO APPROVE STAFF: BRIAN PETTET AND TOM OKEN Commissioner HatField will vote nay on this as he does not like allocating money through a locked box. He said that it has gotten overly compfex. He supports expenditures, but not aflocation of funds. He would prefer un-appropriated balances. Commissioner Newman moved to approve the Resolution approving the initial 2013 Budget for the'/Z-cent Transit Sa{es and Use Tax. IVlotion passed 4 to 1 with Commissioner Owsley, Newman, Richards and Ittner voting aye and Commissioner Hatfield voting nay for reasons shown above. CONSENT ACTIONS-1ST READINGS. SET FOR PUBLIC HEARING ON NOVEMBER 28, 2012: FfRST READING ON RESOLUTION SETTING INITIAL AIRPORT FEES AND CHARGES FOR 2013 — MOTION TO APPROVE ON FfRST READING AND SET SECOND READ{NG AND PUBLIC HEARING TO NOVEMBER 28, 2012 STAFF: JIM ELWOOD AND TOM OKEN Commissioner Ittner moved to approve the Resolution setting initial airport fees and charges for 2013 on first reading and set second reading and public hearing to November 28, 2012. Commissioner Richards seconded the motion. Motion passed unanimously 5 to 0 with Commissioners Owsfey, Hatfield, Richards, Newman, and Ittner voting aye. FIRST READING ON ORDINANCE APPROV{NG THE PURCHASE OF THE COLUMBINES AT ELK RUN UNIT 104 FOR THE PITKIN COUNTY EMPL�YEE HOUSING INVENTORY AND AUTHORIZING THE CHAIR TO EXECUTE THE NECESSARY DOCUMENTS — MOTION TO APPROVE ON FfRST READING AND SET SECOND READING AND PUBLIC HEARING TO NOVEMBER_28, 2012 Commissioner Newman moved to approve the first reading on Ordinance Approving the Purchase of the Columbines at Elk Run Unit 104 for the Pitkin County Employee Housing Inventory and Authorizing the Chair to execute the Necessary Documents and set second reading and public comment to November 28, 2012. Commissioner Hatfield seconded the motion. Motion passed unanimous{y 5 to 0 with Commissioners Owsley, Hatfield, Richards, Newman, and Ittner voting aye. CONSENT ACTIONS� 1ST READING SET FOR PUBLIC HEARING ON DECEMBER 5, 2012: BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING NOVEMBER 14, 2012 FIRST READING ON RESOLUTION APPROVING THE 2012 ASPEN/PITKIN COUNTY AIRPORT MASTER PLAN UPDATE DRAFT FINAL REPORT QND AUTHORIZING SUBMISSION OF THE DOCUMENT TO THE FAA FOR REVIEW — MOTION TO APPROVE THE RESOLUTION ON FIRST READING AND SET SECOND READING_AND PUBLIC HEARING TO DECEMBER 5. 2012 WITH DIRECTIOIV TO STAFF TO PUT REQUESTED WORDING IN FOR SECOND READING STAFF: JIM ELWOOD. AVIATION DIRECTOR Mr. Elwood introduced the team working on this project who will be giving their Power Point presentations after Mr. Elwood's. They were Tim Malloy, Planner; Steve Horton, of Liebowitz and Horton, financial consultants and specialists on this project. He also introduced the following people present in the audience. They were J.D. ingram from Jviation; Mark McFarland from Mead/Hunt; Dan Reimer with Kaplan, Kirsh and Rockwell for outside counsel for the County. Mr. Elwood proceeded with his Power Point presentation, a copy of which is attached to this packet material. When Mr. Elwood reached the Planning and Zoning Referral Comments, he turned the Power Point presentation over to Tim Matloy. After Mr. Malloy's presentation portion was completed, Steve Horton continued on with the Power Point presentation regarding the financial plan section. Commissioner Richards had several requests she would like to see either included in the Master Plan or the Resolution of approval addressed them for input from the board on whether they agreed or disagreed. They were: ➢ She would like the riparian setback from Owl Creek creek to be more than 100 feet. She would be more comfortable with 150' to 200'. ➢ She wants to make sure that the building is not so "non-descript" that it becomes unattractive. ➢ She said that she thinks it would be worth sending a letter between now and second reading to the 18 referral agencies that did not respond and see if there is any further comment. ➢ She would like the referral comments from the Planning and Zoning Commission included in the Master Plan as an amendment. ➢ She is interested in the aspect of the Airport Ranch's eligibility for the National Register of Historic Places which could be amended to a step of our Master Plan that the County intends to pursue that as we are pursuing airport development. ➢ East SidelWest side FBO recommendations —!f this were to proceed with a West side FBO, what improvements to Owl Creek Road might that drive? She concluded her list by making a general statement. She said that we may say that this is a Master Plan for the year 2025 or 2030 or whatever. But, ultimately we are not BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING NOVEMBER 14, 2012 gaining any new land for the airport facility. Space Reservations will exist far beyond that. Maybe update it as a Master Plan, but there is no condemning or annexing or adding more land to the airport. This is about setting up a template on how the airport wiil function and what availability there is for airport service needs far beyond our timing right now. FIRST REQUEST- RIPARIAN SETBACK - Chairman Owsley started the discussion among other board members beginning with Commissioner Richards' first request of a riparian setback. Discussion ensued with the Commissioners with the board wanting the highest possible protection in the riparian corridor of Owl Creek or wording that wouid say in view of the development proposed in the Master Plan the board wants the highest possible protection being afforded to Owl Creek. !t was noted that Commissioner Richards wants to make sure 100' setback is the minimum. Later in the meeting, Mr. Malloy suggested a 100' minimum plus at the time of development an analysis that would suggest whether or not some additional setback is necessary. DECISION: Allow staff to prepare wording for second reading and whether it should be in the master plan or the resolution. SECOND REQUEST — AIRPORT RANCH HISTORIC DESIGNATION — Commissioner Richards clarified this request. She said that she's going from the P&Z comments in today's packet on page 3, 3�d paragraph which states, The Airport Ranch has been identified as eligible for inclusion on the National Register of Historic Places, and portions of the site could be impacted by the west side general aviation area, which contradicts our County's goals for maintaining rural character and heritage. She wants to know how that area can be protected and whether the protection of that historic area could be used as mitigation for the improvements to the airport that are conceived here and how does it affect the remaining airport land as it goes up towards Shale Bluffs. Mr. Elwood said that speaking to the professionals about this he was told it was an historic ranch site so there could be some connection, but he has been advised that that's a relatively low ranking system in their overall protection. He has continued to watch that issue and they've gone about as far as they can without doing a whole environmental assessment process. Should development ever take place on that side, Mr. Elwood said that there would have to be an Environmental Assessment and that would have to be reconciled as part of any of those improvements that might take place. DECISION: Since there will be an Environmental Assessment done IF development occurs at a later date, that should be sufficient for the board's concerns. SIXTH REQUEST — IMPROVEMENTS TO OWL CREEK ROAD/INCLUSION OF P&Z COMMENTS — Chairman Owsley said that the Owl Creek Road request is for further consideration, too. Further development of the west side has implications for development of Owl Creek Road IF that development occurs. Chairman Owsley said that he does not think it needs to be added to the Resolution, but to know that it is present and is a concern of the board's. BOARD OF COUNTY COMMISSIONERS S REGULAR MEETING NOVEMBER 14, 2012 Further discussion ensued which led into another discussion on making sure that the P&Z comments become a part in the Resolution either by attachment or some other way (or perhaps the Master Plan). Tim Malloy offered his services to the board to go through the P&Z comments and concerns and draft them up within the Resolution. DECISION — allow staff to decide where all of these requests belong — either in the resolution or in the master plan. NEW ADDITIONAL REQUEST — STUDY SOME FORM OF TRANSIT — Commissioner Richards would like staff to study some form of transit after the Master Plan but before the adoption. Chairman Owsley thinks some transit component is worth studying, but he doesn't want to relate it to other airports as suggested by Commissioner Richards. He said that Aspen's airport is very unique. County Manager Jon Peacock stated that this could quickly turn into a regional transportation plan which would be outside the scope of what the airport should be doing. He said that he thinks the P&Z in their letter gave some specific examples of what they're looking for such as less use of rental cars and having baggage delivered in order for passengers to ride the bus. THIRD REQUEST — SENDING MEETING NOTICE TO THOSE WHO DID NOT RESPOND: DECISION - Send notice to those who did not respond to referral comments as a reminder of the 2"d reading and public hearing that is scheduled for December 5, 2012. Chairman Owsley suggested that they be notified and welcome to attend the December 5, 2012 meeting. Commissioner Hatfield supports the terminal, but with the following concerns: • He is not on board with the parking. His goal is to eliminate structured short term parking. • He is concerned with the 80,000 square feet. He prefers 60,000.00 square feet with the understanding that someday, tong term, there could be 80,000. • He does not support the west side development as it is not consistent with the community character and there is really no need for it. • Regarding Affordable Housing - as this occurs, he hopes the board • Finally, he said that he believes you don't build anything unless it's needed. Commissioner Newman moved to approve the Resolution Approving the 2012 Aspen/Pitkin County Airport Master Plan Update Draft Final Report and Authorizing Submission of the Document to the FAA For Review on first reading and set second reading and public hearing to December 5, 2012 with direction to staff to put requested wording in for second reading. Commissioner Ittner seconded the motion. Motion passed 4 to 1 with Commissioners Owsley, Newman, Richards, and Ittner voting aye and Commissioner Hatfield voting nay for the reasons shown above. The board took a 15 minute break at this time. BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING NOVEMBER 14, 2012 CONSENT PUBLIC HEARINGS — 2"° READINGS: 2ND READING AND PUBLIC HEARING ON RESOLUTION ACCEPTING A GRANT OFFER FROM THE COMMUNITY OFFICE FOR RESOURCE EFFICIENCY — MOTION TO APPROVE STAFF: JACK WHEELER, FACILITIES Chairman Owsley opened the hearing to public comment. There being none and no further questions from the board, he called for a motion. Commissioner HatField moved to approve the Resolution accepting a Grant Offer from the Community Office for Resource Efficiency on second reading. Commissioner Richards seconded the motion. Motion passed unanimously 5 to 0 with Commissioners Owsley, HatField, Richards, Newman, and Ittner voting aye. SECOND READING AND PUBLIC HEARING ON ORDINANCE AMENDING TITLE 9 (ROADS AND PUBLIC PLACES) OF THE PITKIN COUNTY CODE BY ADDING A NEW SECTION 9 08 TITLED ADDRESS STANDARDS — MOTION TO APPROVE, AS AMENDED STAFF: GINNY BULTMAN AND BRUCE ROMERO OF COMMUNICATIONS AND CINDY HOUBEN, COMMUNITY DEVELOPMENT Ms. Houben gave the board an update on this item since the board asked for particular amendments. They are outlined in staff's Agenda Item Summary. She noted for the record that there will not be any sweeping changes to any of the neighborhoods without a general Implementation Plan (about how it would be tailored for neighborhoods, but not specifically calling out any) that the board reviews and approves. This will include even the ones the board has identified. Commissioner Hatfield clarified for the record and so the public knows that this is no pro-active measure. Things will stay the same and then when certain circumstances occur, the issue will be dealt with. Commissioner Hatfield moved to approve Ordinance amending Title 9(Roads and Public Places) of the Pitkin County Code by Adding a New Section 9.08 Titled Address Standards, as amended for second reading. Commissioner Ittner seconded the motion. Chairman Owsley opened the hearing to public comment. There being no comment, he called the motion. Motion passed unanimously 5 to 0 with Commissioners Owsley, Hatfield, Richards, Newman, and Ittner voting aye. LAND USE CONSENT PUBLIC HEARINGS: BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING NOVEMBER 14, 2012 CONTINUED READING AND PUBLIC HEARING ON RESOLUTION GRANTING APPROVAL TO COMPQSS, WCCP1 LLC AND WCGP2 LLC FOR AN AMENDMENT TO THE COMPASS QND ASPEN COMMUNITY SCHOOL PUB (PUBLIC) MASTER PLAN; AMENDMENTS TO THE ACTIVITY ENVELOPES ON COMPASS PARCELS 1 AND Z; AN AMENDMENT TO RESOLUTION NO. 036-2008; SUBDIVISION EXEMPTION FOR LOT LINE ADJUSTMENTS; AND EXTENSION OF VESTED RIGHTS — MOTION TO APPROVE, AS AMENDED STAFF: SUZANNE WOLFF, SENIOR PLANNER AND SECOND READING AND PUBLIC HEARiNG ON ORDINANCE REZONING A PORTION OF THE COMPASS SCHOOL PARCEL FROM PUBLIC IPUB) TO RS-20 AND A PORTION OF PARCEL 2, COMPASS SUBDIVISION EXEMPTION, FROM RS- 20 TO PUBLIC (PUB) — MOTION TO APPROVE STAFF: SUZANNE WOLFF, SENiOR PLANNER APPLICANTS: REPRESENTATIVE: COMPASS, WCCP1 LLC and WCCP2 LLC Jim Curtis SUMMARY OF REQUEST: The applicant is requesting ta amend the approvals granted pursuant to BOCC Resoiution Nos. 128-2005 and 036-2008 as follows: • Amend the property lines to add 9.8 acres from the School Parcel to Parcel 1, and 0.1 acres from Parcel 2 to the School Parcel. • Rezone the land added to Parcel 1 back to RS-20 from PUB, and the land added to the School Parcel from RS-20 to PUB. • Amend the PUB Master Plan for the School Parcel to reflect the amended School Parcel boundary. The resulting School Parcel will contain 20+ acres. • Increase the size of the Activity Envelopes on Parcels 1 and 2, and create pond and landscaping envelopes on Parcels 1 and 2. • Increase the maximum floor area for Parcels 1 and 2 from 7,500 to 8,250 square feet. • Amend the road corridor that serves Parcels 1 and 2 and the adjoining Apogee Associates. • Amend the School Parcel Activity Envelope to accommodate a future realignment of the main road to lessen the grade. • Obtain a 3 year vested rights extension for Parcels 1 and 2(extend from April 9, 2013 to April 9, 2016). • Amend BOCC Resolution No. 128-2005: (1) To defer the requirement to house 4 employees on-site until such time as a new school is constructed; and (2) To extend the deadline for commencement of construction of the improvements to the intersection of the driveway with Woody Creek Road and the septic system to December 31, 2013. The current deadline is within one year of the sale of the first free market lot, which occurred July 29, 2011. BOARD OF COUNTY COMMISSIONERS 8 REGULAR MEETING NOVEMBER 14, 2012 The Planning Commission considered the application on August 14, 2012, and recommended approval by a vote of 5-0. The BOCC approved the Ordinance and Resolution on first reading at the September 26, 2012 regular meeting. Suzanne Wolff gave the board her presentation as outlined in her staff memorandum going over the fist of issues included in that memorandum. Jim Curtis represents the applicants. He said that he has worked closely with Ms. Wolff and has no comments on the Resolution. It's fine, he said. He said that the applicants thought all the board's suggestions from the last meeting were very good and they've agreed to all of those. The public benefit, he added, is that the applicants are buying five (5) TDRs and using four (4). One complete TDR is given as a public benefit if they choose to go beyond 7500 square feet, which is most likely, he said. Ms. Wolff then went over some corrections as follows: ✓ In the draft Resolution title, it notes amendment to Resolution No. 036- 2008. The title also needs to include Resolution 128.2005 which was the first approval and staff is amending conditions from that approval. ✓ Condition 8 of the draft Resolution erroneously shows the �rst sentence reading as: Condition #E.3 of Resolution No. 128-2005..... It should correctly read: Condition #E.3 of Resolution No. 036.2008. ✓ Condition 8 of the draft Resolution, second sentence from the bottom of that paragraph will be corrected to read: The 1,500 square feet shall only be used for below grade space, as defined in Exhibit A. ALSO, after this sentence there will be added the following: The TDRs may be obtained from any eligible TDR sending site which is status quo of the Code. The final sentence will remain as is. Chairman Owsley asked Mr. Curtis what the sequence of development was for the septic system and the turning radius on the driveway Vis a Vis this development. Mr. Curtis said they are trying to get both of those under construction in April/May of 2013 and these people are going to be two, three, four years post that, based on what he knows. Chairman Owsley clarified that the applicants will be proceeding forthwith with the safety improvements to access to Woody Creek Road and the health improvements with the septic system. BOARD OF COUNTY COMMISSIONERS 9 REGULAR MEETING NOVEMBER 14, 2012 Mr. Curtis responded that the board will see an invitation to bids in the newspaper with intent of opening bids on January 17, 2013. Chairman Owsley opened the hearing to public comment on the rezoning Ordinance. There being no comments he asked for motions. Commissioner Richards moved to approve the Ordinance Rezoning a Portion of the Compass School Parcel from Public (PUB) to RS-20 and a Portion of Parcel 2, Compass Subdivision Exemption, from RS-20 To Pubtic (PUB) on second reading. Commissioner Newman seconded the motion. Motion passed unanimously 5 to 0 with Commissioners Owsley, HatField, Richards, Newman, and Ittner voting aye. Commissioner Richards moved to approve the Resolution Granting Approval to Compass, WCCP1 LLC and WCCP2 LLC for an Amendment to the Compass and Aspen Community School PUB (Public) Master Ptan; Amendments to the Activity Envelopes on Compass Parcels 1 and 2; An Amendment to Resolution No. 036- 2008; Subdivision Exemption for Lot Line Adjustments; And Extension of Vested Rights, as amended for second reading. Commissioner Ittner seconded the motion. Motion passed unanimously 5 to 0 with Commissioners Owsley, Hatfield, Richards, Newman, and Ittner voting aye. LAND USE ACTIONS: SECOND READING ON ORDINANCE AMENDING TITLE 8 OF THE PITKIN COUNTY CODE, SPECIFICALLY THE 2006 LAND USE CODE FOR LAND USE CODE TEXT AMENDMENTS — MOTION TO APPROVE. AS AMENDED STAFF: MIKE KRAEMER, STAFF PLANNER SECOND READING ON ORDINANCE REZONING LOTS C23 — C27 OF THE RIDGE OF RED MOUNTAlN SUBDIVISION FROM THE R-30 ZONE DISTRICT TO THE R-6 ZONE DISTRICT — MOTION TO STAFF: MIKE KRAEMER. STAFF PLANNER APPLICANT: REPRESENTATIVES: Wendy Whitman, Vangerslindt, Hunter Creek Road Ventures, LLC, Mimi Teschner and Rita Souki Wendy Whitman representing all 5 homeowners SUMMARY OF REQUEST: The applicant is requesting approval to rezone a portion of the BOCC approved Ridge of Red Mountain Subdivision from the R-30 zone district to the R-6 zone district. TMe proposal implicates 5 lots within the subdivision. This item was continued from the first reading on March 28, 2012 in order for the board to do a site visit. The site visit occurred on April 23, 2012. BOARD OF COUNTY COMMISSIONERS 1 O REGULAR MEETING NOVEMBER 14, 2012 On June 13th, at continued first reading, the BOCC continued deliberation of the request. At this meeting, the BOCC acknowledged that P&Z recommended a 5,750 gross square foot floor area minimum, but felt that a 3,500 gross square foot floor area maximum was more appropriate Pursuant to Land Use Code Section 2-40-10(b), if the BOCC wishes to substantially change any Land Use Code Text amendment or rezoning recommended by the P&Z, the change shall first be submitted to the P&Z for its approval, disapproval, or suggestions. The P&Z provided comments on the change at an August 14, 2012 meeting in which they discussed the impact of a 3,500 square foot minimum house size. The Applicant attended this meeting and argued that a residence of at least 4,000 square feet is more desirous than a 3,500 square foot residence and created no substantial additional impact. The representation was made that because of the awkward lot shapes in the subdivision, a residence of three (3) floors of approximately 1,000 square feet each and a 500 square foot subgrade space would be constructed. The Applicant expressed that a 1,Q00 square foot subgrade space will have the same impact as a 500 square foot subgrade space and therefore a 4,000 square foot house maximum is appropriate. The P&Z agreed with this logic and recommended a 4,000 square foot maximum house size for the R-6 zone district. Mike Kraemer gave the board a review of this item as it has been several months since this item has been before the board. Basically, the request is to rezone to R6 and make these five lots, C23-C27 within the Ridge of Red Mountain, subdivision conforming in size. Staff has drafted the ordinance to reflect the BOCC's determination of a 3,500 gross square foot maximum house size. However, the BOCC has the discretion to accept the P&Z's comments to establish a 4,000 gross square foot maximum house size. NOTE: Commissioner Richards is acceptable to 4,000. Commissioner Hatfield says we're liberal with 3500. Commissioner Newman is acceptable to 3500. Commissioner Ittner is acceptable with P&Z's recommendation of sub-grade of 1000 square feet. Chairman Owsley has no problem with allowing 1000 subterranean space Wendy Whitman reminded the board that it's only ever going to be 3,000 square feet above grade in this R6. It's not 4,000 maximum above grade. It's only 3,000 square feet above grade. Further discussion ensued. Commissioner Ittner moved to approve the Ordinance Amending Title 8 of the Pitkin County Code, specifically the 2006 Land Use Code for Land Use Code Text BOARD OF COUNTY COMMISSIONERS 11 REGULAR MEETING NOVEMBER 14, 2012 Amendments amended to reflect 4000 square feet in the Exhibit A in the bottom of the column of R6. Commissioner Richards seconded the motion with clarification from Mr. Kraemer. Motion passed 3 to 2 with Commissioners Owsley, Richards and Ittner voting aye and Commissioners Newman and Hatfield voting nay. NOTE: Commissioner Hatfield and Commissioner Newman were both in favor of 3500 square feet and therefore voted nay. Commissioner Hatfield has concerns with setting the stage in an area within the UGB that could comply. There wifl be more above grade square footage than we're thinking is going to occur here. Discussion ensued on Commissioner Hatfield's concerns. Commissioner Ittner moved to approve the Ordinance Rezoning Lots C23 — C27 of the Ridge of Red Mountain Subdivision from the R-30 Zone District to the R-6 Zone District. Commissioner Richards seconded the motion. Motion passed 3 to 2 with Commissioners Owsley, Richards and fttner voting aye and Commissioners Newman and HatField voting nay. NOTE: Commissioner Newman won't support this. He thinks that the reason we looked at creating this zone was to address the concerns of the homeowners and he thought the board did that. And, he concluded, the homeowners obviously came back with a different number to P&Z. BOCC OPEN DISCUSSION: County Engineer Gerald Fielding approached the board and gave them an update on several County projects. He has received proposals for the Woody Creek Road retaining wall projects. They came in over what was budgeted. The proposals came in at about $175,000.00 and staff budgeted $135,000.00. He said there was talk at that Work Session about funding the rest of that out of the contingency line item. At this time, most of the contingency Iine item is tied up with another wall project on Snowmass Creek Road. He does have significant savings from paving and chip seal projects. They have over $150,000.00 dollars in savings from the Brush Creek Chip Seal Project. What Mr. Fielding is proposing to do is fund that additional $40,000.00 -$50,000.00 for the Woody Creek Road project out of project savings from earlier. As this is a{ready allocated budget, he doesn't believe he has to go through a supplemental budget request. It's already in the road program. The board supports this request from Mr. Fielding. Jon Peacock, County Manager, gave the board a quick de-brief about last night's City Council meeting he and Commissioner Richards, as a single member of the board, attended at the BOCC's request. He said that the Aspen City Counci{ is proposing going to $300,000.00 for non-profit funding this coming year (2013), and he betieves he heard that it will be going down to $200,000.00 for the proposal for 2014, but it wasn't entirely clear to him. BOARD OF COUNTY COMMISSIONERS 12 REGULAR MEETING NOVEMBER 14, 2012 Discussion ensued. There are some things in the proposal that, at some point, the BOCC may need to respond to or get board feedback on. One, he said, is that the City is not going to make contributions to individual agencies. Their discussion is to give that $300,000.00 to the County and have the County make decisions about how that money is distributed. The flip side of that is that the County is charged with deciding where cuts would come from the decreased funding. Discussion ensued on this. Mr. Peacock suggested that the Board may re-visit and have further discussion on this topic next Tuesday at the Work Session scheduled for November 20, 2012. Commissioner Richards began a discussion on the implications of climate cMange going forward in the Roaring Fork Valley. The following piece of correspondence was submitted for the record on this issue: ➢ November 14, 2012 email from Rachel Richards to Jon Peacock re: regional climate planning grant with letter of support for NOAA grant attached. Commissioner Richards said that one of the participants was John with the Aspen Global Change Institute. The Aspen Global Change Institute has found a national brand and they are asking if the County would sign as a supporter for their grant application. There's no local match and no commitment financially from Pitkin County. County Manager, Jon Peacock, added that it's to NOAA and he thinks they're looking to adding Pitkin County's name to paragraph five (5) in the above letter of support. It has no financial commitment, but it does ask for a participant from the organization. Chairman Owsley asked Commissioner Richards if she wanted to be on that board. Commissioner Richards responded with yes, she will make that commitment. If others would prefer to do this, she doesn't want to jump ahead in line. ADJOURNMENT: Commissioner Richards moved to adjourn the regular meeting at 5:05 PM. Commissioner {ttner seconded the motion. Motion passed unanimously 5 to 0 with Commissioners Owsley, Hatfield, Richards, Newman, and fttner voting aye. BOARD OF COUNTY COMMISSIONERS 13 REGULAR MEETING NOVEMBER 14, 2012 Respectfully submitted, � n R. Dean Cler to the Board of County Commissioners Jeanette Jones Clerk to the Board of County Commissioners Michael M. Owsley Chair of the Board of County Commissioners g\bocc\m i n utes�2012\reg\ 11142012 BOARD OF COUNTY COMMISSIONERS 14 REGULAR MEETING NOVEMBER 14, 2012