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HomeMy WebLinkAboutbocc.min.reg.12052012 REGULAR MEETING AGENDA 1'LA'LA 1 1VlGETING ROOM WEDNESDAY,DECEMBER 5.2012 12:00 NOON ADDITIONS/DELETIONS TO AGENDA PUBLIC COMMENT, COMMISSIONER COMMENTS CONSENT ACTIONS 1. Minutes of Work Sessions of 11/13 and 11/20/2012, Special Meetings of 2/28, 10/23, and 11/20/2012 CONSENT ACTIONS- lst Readings, Set for Public Hearing on December 19 2. Resolution Establishing the Formula for Distribution of the Municipal Share of County Sales Tax Revenue for the Year 2013 as Required by Resolution 78-121, Susan Atwood ADMINISTRATIVE ACTIONS � 3. Emergency Ordinance Amending Ordinance 30-2009 Regarding Establishment of Fees for the Community Development Department Hearing Officer, John Ely 4. Emergency Resolution Approving an Intergovernmental Agreement by and between the City and County of Denver a Municipal Corporation of the State of Colorado and the Pitkin County Board of County Commissioners Acting on behalf of the Pitkin County Sheriff, Don Bird CONSENT PUBLIC HEARING ,2"d Reading 5. Resolution Approving 2012 Airport Master Plan Update Draft Final Report, Jim Elwood 6. Resolution to Enter into an Intergovernmental Agreement with Snowmass Water and Sanitation District for Maintenance and Repair to the District's Vehicles, Chris Bull 7. Resolution to Enter into an Intergovernmental Agreement with Aspen Fire Protection District for Maintenance and Repair and Supply of Fuels to the District's Vehicles, Chris Bull LAND USE CONSENT PUBLIC HEARINGS 1. Lenado Twelve LLC Silver Creek Lot 2 Activity Envelope Review, (Continued to 2/13/13), PH (PN 09/06/12), S. Wolff 2. Lenado Twelve LLC Hidden Treasure Parcel Activity Envelope Review, (Continued to 2/13/13), PH (PN 09/06/12), S. Wolff 3. Last Chance#2 Inc. South Parcel Activity Envelope Review, (Continued to 2/13/13), PH (PN 09/06/12), S. Wolff 4. Last Chance#2 Inc.North Parcel Activity Envelope Review, (Continued to 2/13/13), PH (PN 09/06/12), S. Wolff LAND USE ACTIONS 5. Sharp Takings Determination, L. Clarke BOCC OPEN DISCUSSION ADJOURN DECEMBER 6,2012 NWCCOG—Full Council Meeting Minturn aPPROVED BY Boc� ON - �-20 /3 MINUTES BOARD OF COUNTY COMMISSIONERS REGULAR MEETING DECEMBER 5, 2012 PLAZA ONE MEETING ROOM NOTE: For all staff memorandums and associated documents, including additional exhibits submitted to the record, refer to the BOCC PACKET FOR DECEMBER 5, 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, George Newman, Rachel Richards and Rob Ittner COMMISSION MEMBERS ABSENT: None ADDITIONS/DELETIONS TO THE AGENDA: There will be two additions to the agenda. One is an Emergency Ordinance Amending BOCC Ordinance 30-2009 regarding Establishment of Fees for the Community Development Hearing Officer. The other is an Emergency Ordinance Approving an Intergovernmental Agreement by and befinreen the City and County of Denver and the Pitkin County Board of County Commissioners Acting on Behalf of the Pitkin County Sheriff. A change in the agenda will be to move the Airport Master Plan Draft Finaf Report from the first position under Consent Public Hearings, 2"d Readings to the (ast position in order to address both Resolutions regarding Maintenance and Repair to District Vehicles first. Commissioner Hatfield moved to approve the agenda as amended. Commissioner Richards seconded the motion. Motion passed 5 to 0 with Commissioners Owsley, Hatfield, Richards, Newman and Ittner voting aye. BOARD OF COUNTY COMMISSIONER 1 REGULAR MEETING DECEMBER 5,2012 PUBLIC COMMENT: Paui T. Chichester approached the board regarding a NON Medical Marijuana License Letter of Application Memorandum. This Letter was originally sent to John Ely and is , dated November 29, 2012. Jon Peacock informed the board that Amendment 64 to Regulate Marijuana Like Alcohol Act of 2012 requires the State to have their rules in place for licensure by July 1, 2013 and then counties have an opportunity to figure out implementation and are required to accept license applications by October 1, 2013 if communities haven't opted out. Mr. Chichester said then that he's a little ahead of the curve. A copy of his Letter of Application Memorandum to John Ely was submitted by Mr. Chichester for the record. Clerk to the Board Ms. Dean will see that all the Commissioners and Mr. Peacock have a copy. COMMISSIONER COMMENTS: Commissioner Richards said that now that we're heading toward the holiday season we are still a country at war. A great number of our young men and women are far from home and in harm's way. She asked for a Moment of Silence for their safety and solace for their families and for those who have lost loved wars on both sides of these conflicts. A Moment of Silence was observed. Commissioner Newman stated that although it is not yet winter outside, it is flu season. He reminded everyone that there is still time to get their flu shots. In fact, this weekend the Ski Company will be at Bumps Restaurant from 7 AM to 11 AM hosting a mini- health fair where you can get your flu shots and blood work done and other health related opportunities. CONSENT ACTIONS: MINUTES OF THE BOARD OF COUNTY COMMISSIONERS' WORK SESSION MEETINGS OF NOVEMBER 13 AND NOVEMBER 20, 2012: SPECIAL MEETINGS OF FEBRUARY 28, OCTOBER 23, AND NOVEMBER 20, 2012 — MOTION TO APPROVE STAFF• LYNDEE R. DEAN/JEANETTE JONES, CLERKS TO THE BOCC Commissioner Richards moved to approve the minutes. Commissioner Ittner seconded the motion. Motion passed 5 to 0 with Commissioners Owsley, Hatfield, Richards, Newman and Ittner voting aye. BOARD OF COUNTY COMMISSIONER 2 REGULAR MEETING DECEMBER 5,2012 . . . . ,..�.�.. . . _.. �!!!�� CONSENT ACTIONS — 1ST READINGS. SET FOR PUBLIC HEARtNG ON DECEMBER 19. 2012: FIRST READING ON RESOLUTION ESTABLISHING THE FORMULA FOR THE DISTRIBUTION OF THE MUNICIPAL SHARE OF COUNTY SALES TAX REVENUE FOR THE YEAR 2013 AS REQUIRED BY RESOLUTION 78-121 — MOTION TO APPROVE ON FIRST REQDING AND SET SECOND READING AND PUBLIC HEARING TO DECEMBER 19. 2012 STAFF: JOHN REDMOND AND SUSAN ATWOOD. FINANCE DEPARTMENT John Redmond, Finance Director, gave his presentation to the board as outlined in his Agenda Item Summary. Commissioner Hatfield moved to approve the Resolution Establishing the Formula for the Distribution of the Municipal Share of County Sales Tax Revenue for the Year 2013 as Required by Resolution 78-121 on first reading and set second reading and public hearing to December 19, 2012. Commissioner Ittner seconded the motion. Motion passed 5 to 0 with Commissioners Owsiey, Hatfield, Richards, Newman and Ittner voting aye. CONSENT PUBLIC HEARtNGS — 2"° READINGS: SECOND READING AND PUBLtC HEARING ON RESOLUTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH SNOWMASS WATER AND SANITATION DISTRtCT FOR MAINTENANCE AND REPAIR TO THE DISTRtCT'S VEHICLES — MOTiON TO APPROVE STAFF: CHRISTOPHER BULL. FLEET MANAGER The board had no further questions for this second reading. Chairman Owsley opened the hearing to public comment. There being none he closed the public hearing. Commissioner Hatfield moved to approve the Resolution to enter into an tntergovernmental Agreement with Snowmass Water and Sanitation District for Maintenance and Repair to the District's Vehicles. Commissioner Richards seconded the motion. Motion passed 5 to 0 with Commissioners Owsley, Hatfield, Richards, Newman and Ittner voting aye. SECOND READING AND PUBLIC HEARING ON RESOLUTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ASPEN FIRE PROTECTION DISTRICT FOR MAiNTENANCE AND REPAIR AND SUPPLY OF FUELS TO THE DISTRICT'S VEHICLES — MOTION TO APPROVE STAFF: CHRISTOPHER BULL. FLEET MANAGER The board had no further questions for this second reading. BOARD OF COUNTY COMMISSIONER 3 REGULAR MEETING DECEMBER S,2012 Chairman Owsley opened the hearing to public comment. There being none he closed the public hearing. Commissioner Ittner moved to approve the Resolution to enter into an Intergovernmental Agreement with Aspen Fire Protection District for Maintenance and Repair and Supply of Fuels to the District's Vehicles. Commissioner Richards seconded the motion. Motion passed 5 to 0 with Commissioners Owsley, Hatfield, Richards, Newman and Ittner voting aye. SECOND READING AND PUBLIC HEARING ON 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— MOTION TO APPROVE, AS AMENDED STAFF: JIM ELWOOD, AVIATION DIRECTOR Additional members present on this "team" were: Tim Malloy, local planner; Dan Reimer, Attorney with Kaplan, Kirsh and Rockwell as outside counsel for the County; Mark McFarland is with Mead and Hunt; Steve Horton, Leibowitz and Horton, Financial Consultants; J.D. Ingram with Jviation, Inc., Denver Engineering firm. Mr. Elwood reminded the public that they can go to www.aspenairportplanning.com and see all of the work done on this project, including unedited comments that have come in throughout the process and the 80-some meetings. Mr. Elwood asked Dan Reimer to speak to the board. He is with Kaplan, Kirsh and Rockwell and they are the outside counsel to Pitkin County on airport issues. Mr. Kaplan first addressed the board on framing the regulatory environment on which the Master Plan is taking place. He said they have been through of this in public sessions during the period of the last two years while the Master Plan update has been going on. He spoke about the Master Plan and the FAA (Federal Aviation Administration) role in the Master Plan itself. He also spoke about grant assurances and what they mean for us in terms of the lessons that we need to be mindful of as we move forward. Chairman Owsley asked how the County became responsible for these grant assurances. Mr. Reimer responded that the County became responsible for these grant assurances through the acceptance of grant funding. There is a contract that the County signs every time it accepts a grant from the FAA which it has done for decades. These 39 grant assurances are included each time a contract is signed for an FAA grant. BOARD OF COUNTY COMMISSIONER 4 REGULAR MEETING DECEMBER 5,2012 Mr. Kaplan submitted the following sheet entitled FAA Grant Assurances and Guidance Quotes which shows Use of Airport Property; Making Space Available: and Exclusive Rights. � Commissioner Richards asked what typically occurs with airports that are found to have , violated their grant assurances. Mr. Reimer responded by saying that the penalty for violating your grant assurances is a withholding of payment of existing grant funds from the FAA. That is if there are open grants that are paid out in an intermittent basis, there can be a withholding of payment of existing grants. And equally or more important than that, is a suspension of eligibility for all future FAA grant funding until such time as the County would return to compliance status. Jim Elwood and Tim Malloy gave the board their Power Point Presentation. A copy of said presentation is attached to Mr. Elwood's Agenda Item Summary. Mr. Malloy goes over Section 6.3, BOCC Conditions of Approval in their presentation as follows: ➢ Protection of Owl Creek ➢ Traffic Impacts on Owl Creek ➢ Design Guidelines ➢ Location and Extent Review Process ➢ Mass Transit ➢ Approach to FAA Standards ➢ Trails ➢ Project Coordination ➢ Noise Monitoring ➢ Airport Ranch AMENDMENT TO ITEM 3 IN 8.3 BOCC CONDITIONS OF APPROVAL 1 THROUGH 10 - In staff's packet material on page 6-5 of the Recommended Improvement Plan, Chapter 6, 6.3 BOCC Conditions of Approval, Commissioner Richards noted item 3, in particular the last sentence which reads: To help achieve this objective, the Airport shal! draft and present to the BOCC, a set of design guidelines to govern all future improvements at the airport. Commissioner Richards would like to add the following words after the Airport shall draft with community input and then finish the rest of the sentence as shown. AMENDMENT TO 6.3 BOCC CONDITIONS OF APPROVAL 1 THROUGH 10 — Commissioner Richards would like the following added to the list of Conditions of Approval: She would like to add a condition 11 that would say something to the effect of should Federal funds be implicated in this process, that not only wil! these conditions be satisfied, but also a NEPA review. Chairman Owsley opened the hearing to public comment at this time. BOARD OF COUNTY COMMISSIONER 5 REGULAR MEETING DECEMBER 5,2012 Fred Mosher, General Manager of Atlantic Aviation had concerns that the Master Plan has been directed at a second FBO. He said that Atlantic Aviation is a seasonal operation that requires highly skilled and trained employees. He is not sure of the outcome with a second FBO and the dilution of his business by taking a piece of the pie. He thanked all who were part of the process, however, and put their energy forth for it. Howie Mallory is a Snowbunny Lane resident. His comments focused on something that hasn't been addressed in the slides so far and that's the numbers, the financial pro- forma of the Airport Master Plan. He said Jim (Elwood) and his team have done a superb job. He doesn't think there has been the same amount of attention to the details � of the financial modeling that has been forecast in this particular package. He understands that the project will have an indebtedness of$55,000,000.00 and that is the debt that the Airport Enterprise Fund will undertake and will try to issue bonds on it. He said he was told that the County is guaranteeing that $55,000,000.00. NOTE: Chairman Owsley tried to clarify this for Mr. Mallory by saying that there have been projections about possible figures for the airport. None of them will take effect until there is a project in hand. This is just a space reservation with preliminary figures. The talk of indebtedness is gloominary and not at all germane right now. NOTE: Jon Peacock, County Manager, said that when the County did the pro-forma we did not consider general obligation debt. They estimated interest rate just on the enterprise. And, he said, that is a future decision as Chairman Owsley pointed out. NOTE: Chairman Owsley said that the board understands his concerns, but there's no part of this meeting that obligates the County, the Enterprise Fund or anyone to indebtedness at this time. David Corbin is Vice-President for Planning with the Aspen Skiing Company. He commends Jim (Elwood) and Tim (Malloy) and their team for a very thorough and complete process. As a permittee on public lands for the four mountains, he is very familiar with this sort of Master Planning process. He said that the Aspen Skiing � Company supports the document before the Commissioners. Rob Schneider is concerned with how the airport is going to grow and people coming through it. He said they had their best year in 1993 and back then we had a number of varying airlines and all kinds of incentive programs and coupon packages where you could fly to Denver roundtrip for the day for under $100.00. We haven't seen numbers like we saw in 1993 since. He finds some of the projections that get us to the growth rates that we need to financially support this a little suspect and in some cases, quite hopeful. As a nation we are down to four major airlines. Where are we going to get the increased flights that we need. He worries about the ability to grow the numbers to support this, to get the landing fees and other things from the flying public that comes in here. It is atso heavily reliant on the income from the current FBO operation and hopefully a second FBO. Almost every airport he has checked on, big and small, has an Airport Advisory Board that works closely with airport staff and governing body. He suggests that they amend the enabling legislation to provide for an Advisory Committee to be formed of knowledgeable and concerned citizens. BOARD OF COUNTY COMMISSIONER 6 REGULAR MEETING DECEMBER 5,2012 Brian O'Shane asked what the Commissioners are doing as far as requirements to make this a sustainable, environmentally friendly project. The second thing he point out was if the project doesn't make its numbers then landing fees will have to go up and people will travel less frequently to fly out of this airport. Junee Kirk is concerned that this process is being more directed by outside, paid consultants and less by community input, even though we've had ample, ample times at open houses and visitations to the airport. She still thinks it has to be vetted further. She is concerned that we have a 1,010 car parking garage when this community and the board members have been urging disincentives for autos in and out of town, yet we're providing a huge parking garage. She also questioned the size of the terminal (80,000 square feet). Do we really need that? Debbie Braun is the President of ACRA (Aspen Chamber Resort Association). She sat in on the Study Committee for the Master Plan and she also got to take the airport tour and she supports the Master Plan and applauds the efforts of the airport staff and the Commissioners. Dieter Bibbig has been flying for 50 years and also flies gliders for 45 years. He hasn't seen gliders or sail planes mentioned in the Master Plan. He asked that they not be forgotten. And, take care of the little guys, sport aviation, small airplane parking. He said that they do need hangars. He thinks the Owl Creek traffic is more affected by Snowmass as more people are using Owl Creek rather than Brush Creek. John McBride is the Airport's closest neighbor at the AABC. He said that he thinks it's one of the better airports he's been in. He doesn't know what's wrong with the last Master Plan. He presumes it might be for establishing a fixed base operation on the other side. He doesn't hear anybody that he knows in the flying world saying gee, I wish we had a lot more big hangars over there or l wish we did have a two-story terminal with jet wings. He is confused by the demand. We have a wonderful airport now, he said, and he doesn't see private aviation growing a lot based upon hangars up for sale in Rifle and Eagle. Helen Klanderud is Chair of the Public Affairs Committee for the ACRA. She applauds this plan and speaks on behalf of the ACRA business members and community members and our guests who come here. The airport is critical for the economic well being of this community. Safety is important, accessibility is important and the comfort of the entry into Aspen and the departure are very important for our guests. We are talking about the future here. And that certain assumptions have been made about that future. It may not occur. There is no current specific plan before the board so there are no immediate financial considerations. Bill Tomsich is the President of Stay Aspen/Snowmass and 17 years ago when he moved to town was that it was pretty much etched in stone that the only commercial aircraft known in 1995 that would ever be able to serve this airport was a 4-engine BA146. He said that it was Jim Elwood when he came along soon after 2001 who really BOARD OF COUNTY COMMISSIONER 7 REGULAR MEETING DECEMBER 5,2012 challenged that belief. And it was that vision toward the future and the fact that technology would change and enable twin engine airport to fly in and out of here. He encourages a long view of this plan. He lends his support for this Master Plan. Sam Houston is a commercial and private pilot. This is a great airport, he said, and Jim (Elwood) and his team are doing a great job. Peter Loran worries that space reservation is a nice way of saying this is what's going to get built. This is an out of control train that is coming in through the back door. He would like to have some assurances and he would like to know what additional information the board needs to say let's go to the smali end. Is it hiring a consultant who looks at what's the smallest we can do? Chairman Owsley ciosed the public hearing at this time. Commissioner Richards 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, with amendments to Chapter 6, 6.3 BOCC CONDITIONS OF APPROVAL (as noted in these minutes). Commissioner Newman seconded the motion. Commissioner HatFiefd gave the following comments regarding his decision to support the Master Planning process, but NOT support the resuits. He said that this has been a fong, arduous and expensive process. He said that he thinks we have an inadequate terminal, both operation-wise and as far as maintenance. It's apparent, he said, that TSA is continually evolving and we're going to need more space for equipment. And, the waiting rooms are inadequate. He said that he would never criticize the board, staff and consultants as they have done a great job. The financial plan shows $44,000,000.00 potential costs for parking. That is a cost that the FAA is not going to pay for. He continued on by saying that he doesn't like structured parking and he doesn't support an 80,000 square foot terminal size. He's more for 60,000.00 square feet. He is also concerned that the County doesn't have Affordable Housing requirements. Chairman Owsley called the question to approve. Motion passed 4 to 0 with Commissioners Owsley, Richards, Newman and Ittner voting aye and Commissioner Hatfield voting nay for reasons shown above. LAND USE CONSENT PUBLIC HEARINGS: LENADO TWELVE LLC SILVER CREEK LOT 2 ACTIVITY ENVELOPE REVIEW— MOTION TO CONTINUE TO FEBRUARY 13. 2013 STAFF: SUZANNE WOLFF. SENIOR PLANNER LENADO TWELVE LLC HIDDEN TREASURE PARCEL ACTIVITY ENVELOPE REVIEW— MOTION TO CONTINUE TO FEBRUARY 13. 2013 BOARD OF COUNTY COMMISSIONER 8 REGULAR MEETING DECEMBER 5,2012 STAFF: SUZANNE WOLFF, SENiOR PLANNER LAST CHANCE #2 tNC. SOUTH PARCEL ACTIVITY ENVELOPE REVIEW— MOTION TO CONTINUE TO FEBRUARY 13. 2013 STAFF: SU_ZANNE WOLFF, SENiOR PLANNER LAST CHANCE #2 INC. NORTH PARCEL ACTIViTY ENVELOPE REVIEW— MOTtON TO CONTINUE TO FEBRUARY 13. 2013 STAFF: SUZANNE WOLFF, SENIOR PLANNER Commissioner Richards moved to continue all four items under Land Use Consent Pubiic Hearings to February 13, 2013, Commissioner Ittner seconded the motion. Chairman Owsley opened the hearing to public comment on these four items. There being none, he closed the public hearing and called the question. Motion passed 5 to 0 with Commissioners Owsley, HatFieid, Richards, Newman, and Ittner voting aye. ADDITIONAL ITEMS ADDED TO TODAY'S AGENDA: EMERGENCY RESOLUTION APPROVING AND INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY AND COUNTY OF DENVER A MUNICIPAL CORPORATION OF THE STATE OF COLORADO AND THE PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS ACTING ON BEHALF OF THE PtTKIN COUNTY SHERIFFs ASPEN, COLORADO, 81611 — MOTION TO APPROVE THE EMERGENCY RESOLUTION AND SET CONFIRMATORY READING AND PUBLIC HEARING TO DECEMBER 19. 2012 STAFF: DON BIRD, COUNTY SHERiFF'S DEPARTMENT Don Bird explained to the Commissioners that there is a long term inmate awaiting trial who requires medical attention that cannot be administered here. His condition requires him to be taken to Denver for approximately two weeks. This has been confirmed by a local physician. The cost of care in Denver will be approximately $12,000.00. If approve, this Resolution will be good for two years should this issue arise in the future. Commissioner Newman asked if the inmate had insurance. Mr. Bird responded that he had Medicare coverage. Further discussion ensued. Commissioner Richards moved to approve the Resolution Approving and Infiergovernmentat Agreement by and between the City and County of Denver, a Municipal Corporation of the State of Colorado and the Pitkin County Board of County Commissioners Acting on Behalf of the Pitkin County Sheriff, Aspen, BOARD OF COUNTY COMMISSIONER 9 REGULAR MEETING DECEMBER 5,2012 Colorado, 81611, and set confirmatory reading and public hearing to December 19, 2012. Commissioner Newman seconded the motion. Motion passed 5 to 0 with Commissioners Owsley, Hatfield, Richards, Newman, and Ittner voting aye. EMERGENCY ORDINANCE AMENDING ORDINANCE 30-2009 REGARDING ESTABLISHMENT OF FEES FOR THE COMMUNITY DEVELOPMENT DEPARTMENT HEARING OFFICER— MOTION TO APPROVE, AS AMENDED AND SET CONFIRMATORY READING AND PUBLIC HEARING TO DECEMBER 19, 2012 - MOTION TO APPROVE AND SET CONFIRMATORY READING AND PUBLIC HEARING TO DECEMBER 19, 2012 Lance Clarke, Assistant Director of Community Development approached the board with this item. His Agenda Item Summary and draft Emergency Ordinance have been added as additional documents to today's meeting agenda. He proceeded with his presentation as outlined in his Agenda Item Summary. Staff has determined that the fees for the Hearing Officer are not consistent with current costs and fluctuate occasionally. Previously, the Hearing Officer Jim True, who is now the City Attorney, was paid $175.00 per hour. The current Hearing Officer, Tom Smith, is billing at a rate of $225.00 per hour. In order to be consistent, the Community Development Director will set the rates which may increase or decrease. Such costs will be passed onto the applicants. The Hearing Officer fees will be set administratively based on actual costs by the Community Development Director. Amendments to the fee schedule will be as follows: OLD LANGUAGE: Hearing Officer - $175.00 per hour NEW LANGUAGE: Hearing Officer— Actual cost of service set by the Community Development Director AMENDMENT TO EMERGENCY ORDINANCE — County Attorney, John Ely requested an additional paragraph 7 be added to the first page of the Emergency Ordinance that states that the board recognizes this Ordinance as a Rule of General Applicability. Commissioner Hatfield moved to approve the Emergency Ordinance, as amended above. Commissioner Richards seconded the motion. Motion passed 5 to 0 with Commissioners Owsley, Hatfield, Richards, Newman and Ittner voting aye. LAND USE ACTIONS: SHARP TAKINGS DETERMINATION — MOTION THAT A TAKING HAS OCCURRED AND HAVE STAFF WORK THROUGH THE REMEDIATION PROCESS AND BRING BOARD OF COUNTY COMMISSIONER 1 O REGULAR MEETING DECEMBER 5,2012 IT BACK TO THE BOARD. INCLUSIVE OF THE FIRE DISTRICT AND THE EASEMENT ISSUES, AND ALL THAT PART OF THE REMEDIATION, AS AMENDED STAFF• LANCE CLARKE, ASSISTANT DIRECTOR OF COMMUNITY DEVELOPMENT APPLICANT: Grant and Christina Sharp REPRESENTATIVES: Peter W. Thomas, Esq. and Alan Richman SUMMARY OF REQUEST: The Applicant has requested a hearing, pursuant to Section 4-150 of the Pitkin County Land Use Code, as a result of the Community Development Director's denial of the Sharp Activity Envelope and Site Plan Review, pursuant to Administrative Decision No. 69-2012. Most of the parcel is within the River and Stream Corridors required 100' buffer area, where development is prohibited by Sec. 7-20-80 of the Land Use Code ("Code"). The Applicant contends the denial constitutes a taking and denies reasonable use and economic return on the properly. Lance Clarke gave his presentation to the board on this Takings Determination as outlined in his staff memorandum. Peter Thomas, representing the applicants, proceeded with his presentation by starting with the'background on this property for the benefit of Commissioners Newman and Ittner who were not on the board in 2005/2006. He also referenced information from his October 16, 2012 letter to Lance Clarke. He said that they would like the ability to continue with the building on site. Alan Richman, applicant's planner, will discuss the land use aspects. His memo dated October 16, 2012 is in staff's packet material with his review of the Activity Envelope Site Plan. He uses two large maps in his presentation. Smaller copies of said maps have been submitted by Mr. Richman as exhibits to the record. These maps will be attached to end of this items packet material. Mr. Thomas introduced Bubba Ecclestone to speak to the board regarding property sales. Mr. Ecclestone is a local real estate broker with Aspen/Snowmass Sotheby's and has been a broker for seven years specializing in Upper and Mid-Valley properties working with buyers and sellers. He spoke to the board regarding recent valuations. He said in the real estate world they have to come up with some sort of equalizer and what works best throughout the valley is price per square foot. He said that it is their way to equalize and translate value between properties. They then factor in some sort of uniqueness whether it is the amount of land, the type of land, waterFront, riverfront or new construction. Sales in old Snowmass of newer construction over the last two years have a pretty wide range of $400.00 a square foot to $700.00 a square foot. December 1, 2011 at 776 BOARD OF COUNTY COMMISSIONER 11 REGULAR MEETING DECEMBER 5,2012 Snowmass Creek Road a home of new construction sold for $409.00 a square foot with four bedrooms. If you translate the $409.00 a square foot into what the Sharps intended to build here translates to about $2.35 million dollar on the finished product. Mr. Ecclestone noted in August of 2011 another Snowmass Creek Road property sold for $616.00 a square foot which, if you were to apply that value, translates to about $3.45 million dollars on Starlit Lane. The closest comp he had was across the creek and a little to the north where a smaller home was built, a 20D0 square foot home that sold for $714.00 a square foot which translates to $4.1 million dollars on a 5,750 square foot home that's proposed. Grant Sharp, applicant, makes his comments to the board. He said that he and his wife bought the house and used logs from Lenado. They moved in, had a son, loved the house, but during the winter snow was coming in between the logs. They took on the idea of expanding and found out from Alan Richman that if they didn't get their permits in, the setbacks would then put them in the situation they are in today. His way of paying for it was going to be to build another house nearby, sell it, use the proceeds and live in it in between. Of course, he ended up taking a loan for 1.9 million dollars and then selling the property for 1.75 million. He lost out on the land costs, he had to pay off the rest of the loan and at the same time trying to build this other one he had to pull the plug. He said that his dream house is now his nightmare, He can't live in it. He can't finish it to live in it. He can't sell it and he really can't afford to pay the mortgage on it. Commissioner Newman said that the valuations were almost irrelevant and he would question the accuracy. An appraiser would not use a price per square foot for a home on a lot. They would use a price per square foot for a condominium unit. So that is aside. Commissioner Newman then asked Mr. Sharp if he were granted a taking, what would be his next step. Mr. Sharp said until he's granted a taking and told what he can do, he doesn't know. However, in a perfect world he would love to get the permit and go back and finish building the cabin. He didn't take a loan out; he put his cash into it. He has a loan on the original house, but all the construction was paid for out of pocket. Commissioner HatField said that he's sure the board is sensitive to the applicant's situation, but this has nothing to do with valuation. Can you build or not to meet the current Code. If you can't build, he said he thinks the board should move forward and declare a taking. Commissioner Ittner made the following statement as he has not been in on many takings and wanted to clarify what happens: He said that if the board declares a taking then it goes to remediation. Then that remediation defines either compensation for the applicant or a variance to the Code, as approved by the board. BOARD OF COUNTY COMMISSIONER 12 REGULAR MEETING DECEMBER 5,2012 John Ely said he would re-state the second "or" in Commissioner Ittner's statement. He said he would express it as direction to Lance Clarke to come back to the board with a proposal for remediation that would involve construction. Therefore, that would incorporate trying to accommodate as much of or whatever limitations are on site of the setbacks, the other development criteria that are in the Code, of the comments that were furnished to the board in this packet, particularly the road and the comments from the Fire District as well as the statements made by Peter (Thomas) and his submission. Commissioner HatField moved to support staff's recommendation that a taking has occurred and have staff work through the remediation process and bring it back to the board, inclusive of the Fire District and the easement issues, and all that part of the remediation. Commissioner Richards seconded the motion. NOTE: Commissioner Ittner asked to add a friendly amendment as follows: staff's direction to any recommendations that might limit the environmental impact to the river regarding any further construction that goes on at the site. This amendment was acceptable to Commissioner Hatfield and Commissioner Richards. Chairman Owsley called the motion, now amended. Motion passed 5 to 0 with Commissioners Owsley, Hatfield, Richards, Newman and Ittner voting aye. BOCC OPEN DISCUSSION: Commissioner HatField had a resident call him and bring to his attention that there has been a request for a Special Use Permit for fireworks at a private function at the east side of town. The caller made several arguments about wildlife, disturbance, and public safety. He spoke to Sheriff Joe DiSalvo who said public safety wasn't an issue because of the current moisture content. Discussion ensued on this request. STAFF DIRECTION — Staff should look into environmental impacts negative to the Roaring Fork and are there different or better quality fireworks to buy these days. Also, regarding the general and broader fireworks procedure, the City of Aspen requires some form of noticing to the neighbors so that they are aware of when the fireworks would be set off. If possible, noticing could happen through the Caucus for that area, should one exist. Staff should also check other environmental, social and health concerns. ADJOURNMENT: Commissioner Richards moved to adjourn the Regular Meeting at 3:32 PM. Commissioner Hatfield seconded the motion. Motion passed 5 to 0 with Commissioners Owsley, Hatfield, Richards, Newman and Ittner voting aye. BOARD OF COUNTY COMMISSIONER 13 REGULAR MEETING DECEMBER 5,2012 Respectfully submitted, � % E l� dee . Dean Cler the Board of County Commissioners : �� �� Jean eJones Cler o the Board of C unty Commissioners , ichael M. Owsley Chair of the Board of County ommissioners g\bocc\m i n utes�2012\reg\12052012 BOARD OF COUNTY COMMISSIONER 14 REGULAR MEETING DECEMBER 5,2012