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Home My WebLink AboutMay Postings Posted on the Official Pitkin County Website on May 4, 2012 PUBLIC NOTICE NOTICE IS HEREBY GIVEN TO THE GENERAL PUBLIC OF THE FOLLOWING MATTERS OF INTEREST REGARDING THE PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS: • Unless otherwise notified all regular and special meetings will be held in the Board of County Commissioners, Plaza One Conference Room, 530 E Main St, Aspen • All regular meeting items begin at 12:00 p.m., or as soon thereafter as the conduct of business allows. Check agenda at http://www.aspenpitkin.com for meeting times for special meetings or call 920-5200 • Copies of the full text of any resolution(s) and ordinance(s) referred to are available during regular business hours (8:30 —4:30) in the Clerk and Recorder's office, 530 East Main Street, Suite 101, Aspen, Colorado 81611 NOTICE: THE BOARD OF COUNTY COMMISSIONERS MEETINGS WILL BE HELD IN THE RIO GRANDE CONFERENCE ROOM,455 RIO GRANDE PLACE, ASPEN FROM MAY 14T"THROUGH JULY 21, 2012 NOTICE OF PUBLIC HEARINGS BEFORE THE BOARD OF COUNTY COMMISSIONERS ON WEDNESDAY, MAY 23, 2012 Ordinance.Authorizing the Acquisition of the Redstone Country Store Property NOTICE OF UPCOMING PUBLIC HEARINGS BEFORE THE BOARD OF COUNTY COMMISSIONERS ON WEDNESDAY, JUNE 13, 2012 RE: Charlie Mountain LLC Activity Envelope, Site Plan Review, Designation to the Historic Register with Benefits, Subdivision Exemption for a Lot Line Adjustment, and Special Review for TDR Receiver Site(CASE# P034-12; PID 2645-111-00-001 & 2645- 11 1-00-002) An application submitted by Charlie Mountain LLC (700 Louisiana#4770, Houston, TX 77002) requesting to redevelop two adjacent parcels that are currently developed with single family residences. The properties are located at 4100 Snowmass Creek Road(Parcel A) and 4104 Snowmass Creek Road (Parcel B). 4100 Snowmass Creek Road proposes construction of single family residential improvements up to 3,400 square feet of floor area. 4104 Snowmass Creek Road proposes to construct a single family residence up to 8,250 square feet of floor area through use of Transferable Development Rights or through floor area benefits granted by designation of an existing structure to the Historic Register. The parcels are legally described as a parcel of land being situated in Sections 11 and 12, Township 9 South, Range 86 West of the 6th P.M. The State Parcel Identifications for these properties are 2645-111-00-002 (A) and 2645- 111-00-001 (B). The application/resolution are available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen CO 81611. For further information, contact Mike Kraemer at(970) 920-5482. RE: Aspen Kiwi Properties LLC Site Plan Review(Case P044-12) NOTICE IS HEREBY GIVEN that an application has been submitted by Aspen Kiwi Properties LLC (875 Star Mesa Drive, Aspen, CO 81612) requesting a site plan approval to construct a second " barn" for the purpose of providing support to an agricultural operation on a parcel that contains an existing 15,000 square foot residence. The property is located at 875 Star Mesa Drive and is legally described as a parcel of land situated in Lots 11 and 17 of Section 22 also Lot 19 of Section 23, all in Township 9 South, Range 85 West if the 6th P.M. The State Parcel Identification Number for the property is 2643-224-00-010. The application is available for public inspection in the Pitkin County Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Mike Kraemer at (970) 920-5482. NOTICE OF FINAL DETERMINATIONS BY THE COMMUNITY DEVELOPMENT DIRECTOR: NOTICE IS HEREBY GIVEN to the general public that on April 25,2012, the Pitkin County Community Development Director granted approval for the Jaleston US Inc Special Review for a Caretaker Dwelling Unit(Case P015-12; Deter. #0258-2012). The property is located at 0115 Meadowlark Lane and is legally described as Lot 6, White Star Ranches Subdivision. The State Parcel Identification Number for the property is 2643-153-01-001. This site-specific development plan grants a vested property right pursuant to Title 24,Article 68, Colorado Revised Statutes. S/Cindy Houben Community Development Director 2 Posted on the Official Pitkin County Website on May 13, 2012 PUBLIC NOTICE NOTICE IS HEREBY GIVEN TO THE GENERAL PUBLIC OF THE FOLLOWING MATTERS OF INTEREST REGARDING THE PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS: • Unless otherwise notified all regular and special meetings will be held in the Board of County Commissioners, Plaza One Conference Room, 530 E Main St, Aspen • All regular meeting items begin at 12:00 p.m., or as soon thereafter as the conduct of business allows. Check agenda at http://www.aspenpitkin.com or call 920- 5200 for meeting times for special meetings. • Copies of the full text of any resolution(s) and ordinance(s) referred to are available during regular business hours (8:30—4:30) in the Clerk and Recorder's office, 530 East Main Street, Suite 101, Aspen, Colorado 81611 • NOTICE: THE BOARD OF COUNTY COMMISSIONERS MEETINGS WILL BE HELD IN THE RIO GRANDE CONFERENCE ROOM, 455 RIO GRANDE PLACE, ASPEN FROM MAY 14TH THROUGH JULY 21, 2012 NOTICE OF PUBLIC HEARINGS BEFORE THE BOARD OF COUNTY COMMISSIONERS ON WEDNESDAY, MAY 23, 2012: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, ENACTING NEW TITLE 4 OF THE PITKIN COUNTY CODE, RELATING TO CAMPAIGN FINANCE REGULATIONS APPLICABLE TO COUNTY CANDIDATES,POLITICAL COMMITTEES AND ISSUE COMMITTEES, AND CLARIFYING THE RELATIONSHIP BETWEEN STATE CAMPAIGN FINANCE LAW AND PITKIN COUNTY CAMPAIGN FINANCE REGULATIONS AS SET FORTH IN SAID TITLE 4 AND IN THE PITKIN COUNTY HOME RULE CHARTER ORDINANCE NO. -2012 RECITALS WHEREAS, the electors and governing boards of home rule counties are vested by article XIV, § 16 of the Colorado constitution, and the Colorado Home Rule Powers Act, §§ 30-35-101 to 906 of the Colorado Revised Statutes ("C.R.S."), as amended, with the constitutional and statutory authority to adopt home rule charters and enact ordinances, establishing the organization and structure of county government; WHEREAS, the manner of electing county officers and of financing political campaigns supporting or opposing candidates for county office and ballot issues and questions referred to or initiated by county electors for a vote of the entire county electorate, are matters affecting the organization and structure of county government and therefore are within the constitutional and statutory authority of county electors and the governing board to regulate by duly adopted home rule charter or ordinance; WHEREAS, Pitkin County has been organized and operating as a home rule county by virtue of the adoption of the Pitkin County Home Rule Charter(the "Charter") on March 21, 1978; WHEREAS, on November 4, 1980, the electors of Pitkin County approved the addition of Home Rule Charter section 6.6, establishing unique campaign finance regulations for county candidates and political committees supporting or opposing their election,which regulations were substantively distinct from those set forth in state campaign finance law, then known as the Campaign Reform Act; WHEREAS, as a result of its status as a home rule county, Pitkin County has a thirty- two year tradition and culture acknowledging the value and importance of transparency and disclosure in the financing of campaigns in local elections; WHEREAS, continual amendments and revisions to the constitution and applicable statutes of the State of Colorado since 1980 have introduced ambiguity and uncertainty in the interrelationship between the campaign finance regimens of Pitkin County and the State of Colorado; WHEREAS, the purpose of this Ordinance is to clarify the original intent of the Charter's campaign finance provisions as being applicable only to certain campaigns active in Pitkin County elections, and further to provide the citizens of Pitkin County with an integrated and single source of campaign finance rules and regulations applicable to county campaigns, thus eliminating to the greatest extent possible the necessity of examining various sources of state campaign finance law, included article XXVIII of the state constitution, the Fair Campaign Practices Act, C.R.S. § 1-45-101 et seq., and the Rules Concerning Campaign and Political Finance promulgated by the Colorado Secretary of State, all as amended. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,that the Pitkin County Code is hereby amended by the addition of a new Title 4, which shall read as follows: TITLE 4 Campaign Contributions and Expenditures SECTIONS: 4.10 Definitions 4.20 Contribution Limits; Bank Accounts 4.30 Disclosure of Coordinated and Independent Expenditures 4.40 Organizational Filings by County Entities 4.50 Periodic Disclosures of Contributions and Expenditures 4.60 Changes to Committees; Termination 4.70 Calculation of Time; Timeliness 2 4.80 Penalties 4.90 Severability 4.10 Definitions A. The following terms shall have the following meanings for purposes of the remaining provisions of this Title 4: 1. "Appropriate officer" means the Clerk and Recorder. 2. "Board" means the Pitkin County Board of County Commissioners. 3. "Contribution" means the payment, pledge, or promise of payment of money or other thing of value; or other obligation, loan or advance of money, whether or not legally enforceable; or the provision of goods, materials, services or facilities; to any county candidate, county candidate committee, county political committee or county issue committee. "Contribution" includes a coordinated expenditure. "Contribution"does not include: a. An endorsement of a candidate or an issue by any person; b. Interest earned at commercially reasonable rates on funds held in bank accounts; c. The value of services rendered by natural persons volunteering their time to a county candidate or county committee, without compensation. 4. "Coordinated expenditure" means an expenditure: a. Supporting or opposing the nomination, election or retention of a county candidate in coordination, cooperation, consultation, or concert with - or at the request or suggestion of- a county candidate; and b. That is made or incurred by any person after one or more substantial discussion(s) with a county candidate, in which the person making the expenditure or incurring the expense receives non-public information about the county candidate's plans, projects, activities or needs, and such non-public information is material to the subject matter or purpose of the expenditure. 5. "County ballot issue" means a matter subject to the requirements of article X, section 20 of the state constitution that is referred by the Board for a vote of all county electors. 3 6. "County ballot question" means a matter, other than a ballot issue, that is referred by the Board to or initiated by electors of the county for a vote of all county electors. 7. "County candidate" means a person seeking nomination or election to, or retention in, any county elective office. "County candidate" includes any county candidate committee established or maintained under the authority of a county candidate, and any agent, employee, board member, director, or officer of any county candidate or county candidate committee. a. A person becomes a county candidate upon: i. The filing of nominating petitions with the Clerk and Recorder as provided in Charter § 6.2., or otherwise publicly announcing an intention to seek nomination or election to, or retention in, a county elective office; and ii. Accepting a contribution from a person other than the person seeking nomination or election to, or retention in, county elective office, or making an expenditure in support of such nomination, election or retention. b. A person remains a county candidate for purposes of this Title 4 so long as the county candidate maintains a county candidate committee. A person who maintains a county candidate committee after an election cycle, but who has not publicly announced an intention to seek election to public office in the next or any subsequent election cycle, is a county candidate for purposes of this Title 4. 8. "County candidate committee" means a person, including the county candidate, or group of persons with the common purpose of receiving contributions or making expenditures under the authority of a county candidate. a. A county candidate who accepts contributions from persons other than himself or herself must form a county candidate committee. b. A contribution to a county candidate by a person other than the county candidate shall be deemed a contribution to such person's county candidate committee. c. A county candidate shall have only one county candidate committee. d. A county candidate committee shall be considered open and active until affirmatively closed by the county candidate or by action of the Clerk and Recorder. 4 9. "County committees" means county candidate committees, county political committees and county issue committees. "County committees" also includes county political parties, but only to the extent they make contributions, coordinated expenditures or independent expenditures from segregated funds to, on the behalf of, or in opposition to the nomination, election or retention county candidates, as provided by Section 4.20(B) of this Title. 10. "County entity" means county candidates, county candidate committees, county issue committees and county political committees. "County entity" also includes county political parties, but only to the extent they make contributions, coordinated expenditures or independent expenditures from segregated funds to, on the behalf of, or in opposition to the nomination, election or retention of county candidates, as provided by Section 4.20(B) of this Title. 11. "County issue committee" means any person, other than a natural person, and any group of two or more persons, including natural persons, that have accepted or made contributions or expenditures in excess of one thousand five hundred dollars to support or oppose any county ballot issue or county ballot question. A county issue committee shall be considered open and active until affirmatively closed by such committee or by action of the Clerk and Recorder. 12. "County political committee" means any person, other than a natural person, and any group of two or more persons, including natural persons, that have accepted or made contributions or expenditures in excess of two hundred dollars to support or oppose the nomination, election or retention of any county candidate. "County political committee"does not include a county political party, county issue committee or county candidate committee. A county political committee shall be considered open and active until affirmatively closed by such committee or by action of the Clerk and Recorder. 13. "County political party" means any group of registered electors who, by petition or assembly, can confer its designation or nomination on a county candidate in the manner provided by state law, as permitted by Section 6.2.4 of the Charter. 14. "Election cycle" means the period of time beginning thirty-one days following a general election and ending thirty days before the next general election. 15. "Election year" means, with respect to any county entity, every even- numbered year and any other year in which a county candidate, county ballot issue or county ballot question appears on a ballot and is supported or opposed by the county entity in question. 5 16. "Expenditure" means the payment, pledge, promise of payment of money or anything of value, or other obligation, loan or advance of money, whether or not legally enforceable, or goods, materials, services or facilities, by any person, for the purpose of influencing the nomination, election, retention or defeat of any county candidate, or the passage or defeat of any county ballot issue or county ballot question; provided, however, the following items shall not be considered an "expenditure": a. Any news article, editorial endorsement, opinion or commentary writing, or letters to the editor printed in a newspaper, magazine or other periodical; b. Any editorial endorsement or opinion aired by a broadcast facility; c. Spending by persons other than county entities in the regular course and scope of their business or payments by a membership organization for any communication solely to its members and their families. 17. "Independent expenditure" means an expenditure, other than a coordinated expenditure, supporting or opposing the nomination, election or retention of a county candidate. 18. "Major election" means the election in which a county candidate is elected to county office or a county ballot issue or county ballot question is passed or defeated by the electorate. 19. "Off-election year" means, with respect to any county entity, any year other than an election year. 20. "Person" means any natural person, and any partnership, corporation, association, firm, committee, governmental entity or other organization or group of persons (however organized). 21. "Registered agent" means the natural person designated to receive mailings and notices, and to address concerns and questions, regarding a county committee. A county candidate may act as registered agent for a county candidate committee. 22. "Unexpended contributions" means the balance of funds on hand in any county committee at the end of any election cycle. 6 4.20 Contribution Limits; Bank Account A. No person shall make a contribution in an amount which exceeds five hundred dollars in the aggregate for any primary, general or special election to any county candidate or any county political committee making coordinated expenditures. B. Nothing in this Title shall be construed to prohibit a county political party from making contributions, independent expenditures or coordinated expenditures to or on behalf of county candidates, provided that: I. County political party contributions to county candidates, including coordinated expenditures, shall not exceed the aggregate contribution limit applicable to all other persons as set forth in Section 4.20(A); 2. All contributions, independent expenditures and coordinated expenditures made by a county political party to, on the behalf of or in opposition to a county candidate, shall be made from a segregated fund established for the sole purpose of making any such contributions or expenditures. Such segregated fund shall be maintained at a bank operating under federal or state charter, and all account activity of such segregated fund shall be exclusively subject to the provisions of this Title and not those of state law. 3. A county political party shall timely report and disclose all coordinated expenditures, and all independent expenditures in excess of two hundred fifty dollars($250.00), in the manner and to the extent required in Section 4.30 of this Title. C. All county committees shall deposit all contributions to and make all expenditures from a segregated account maintained exclusively for such purposes at a bank operating under federal or state charter. Contributions shall be deposited into such segregated account within seven (7) days of receipt by the committee in question. 4.30 Disclosure of Coordinated and Independent Expenditures A. All persons making coordinated expenditures, and all persons making independent expenditures in excess of two hundred fifty dollars, shall report the same to the Clerk and Recorder no later than seven days after the date on which such expenditures are made; provided, however,that reporting of such expenditures under this section must be performed no later than twenty-four hours after the time of such expenditures if the expenditure is made in the eight days preceding any election. The report to the Clerk and Recorder required by this subsection shall be in a form approved by the Clerk and Recorder and include the name and address of the person making the expenditure, the amount of the expenditure, a detailed description of the use of the expenditure, and the name of the county candidate whom the expenditure is intended to support or oppose. 7 B. Failure to comply with the provisions of this subsection shall have no effect on the validity of any election, issue or bonds issued pursuant to law, except as provided in Section 4.80. 4.40 Organizational Filings by County Entities A. County candidates: Not later than ten days after a person becomes a county candidate, he or she shall file the following documents with and in forms approved by the Clerk and Recorder: 1. A candidate affidavit specifying his or her name, residence and mailing addresses and other contact information,the county elective office to or in which election or retention is sought and the date of the election, and containing his or her sworn attestation that he or she has reviewed and understands the provisions of this Title 4 and § 6.6 of the Charter; 2. A written designation of all county political committees affiliated with, or known to be making expenditures in support of, the county candidate's campaign. B. County candidate committees: If a county candidate is required to form a county candidate committee because he or she accepts contributions from persons other than the county candidate, the county candidate shall file with and in a form approved by the Clerk and Recorder a new committee registration statement, specifying the name, physical address, mailing address and other contact information for the county candidate committee and its registered agent,and the name and address of the financial institution at which the segregated account required by section 4.20(C) is or will be maintained. C. County political committees: Not later than ten days after one or more persons become a county political committee, the natural person who will serve as its registered agent shall file with and in forms approved by the Clerk and Recorder: 1. A new committee registration statement specifying the name, physical address, mailing address and other contact information for the county political committee and its registered agent, and the name and address of the financial institution at which the segregated account required by section 4.20(C) is or will be maintained; and 2. An affidavit of organization demonstrating decision-making independence from any county candidate or other county political committee. Any county political committee not filing such an affidavit may not accept any contributions or make expenditures of two hundred dollars or more, in the aggregate. 8 D. County issue committees: Not later than ten days after one or more persons become(s) a county issue committee, the natural person who will serve as its registered agent shall file with and in a form approved by the Clerk and Recorder a new committee registration statement specifying the name, physical address, mailing address and other contact information for the county issue committee and its registered agent, and the name and address of the financial institution at which the segregated account required by section 4.20(C) is or will be maintained. 4.50 Periodic Disclosures of Contributions and Expenditures A. Content of Reports. Not later than five days after the end of each reporting period, a county entity shall file with the Clerk and Recorder disclosure reports itemizing contributions received and expenditures made by the county entity during the applicable reporting period. The periodic disclosure reports shall be in a form approved by the Clerk and Recorder and shall set forth: I. The balance of funds on hand at the beginning of the reporting period, if any; 2. An itemization of all contributions received during the reporting period from persons who have made contributions of twenty dollars or more during the reporting period, which itemization shall include: a. The contributor's name and address; b. The contributor's occupation and employer, if the contributor has made contributions of one hundred dollars or more during the reporting period; c. The aggregate amount of all contributions made by such contributors in the current and all prior reporting periods of the current election year. 3. The total amount of all contributions received during the current reporting period from persons who have contributed less than twenty dollars during the election year, stated in the aggregate; 4. An itemization of all loans received; 5. An itemization of loans wholly or partially repaid; 6. An itemization of contributions returned to contributors; 7. An itemization of all expenditures during the reporting period of twenty dollars or more, which itemization shall include the name and address of the person to whom the expenditure was paid, and a description of the purpose of the expenditure; 9 8. The sum of all individual expenditures during the reporting period of less than twenty dollars, stated in the aggregate; 9. The balance of funds on hand at the end of the reporting period, if any; 10. A statement by the county entity whether the report constitutes a regular filing for the most recent reporting period, and amended filing for a reporting period prior to the most recent reporting period, or a termination report. B. Reporting Periods and Filing Deadlines. 1. Reporting Due Dates in Election Years. During election years, a county entity shall file with the Clerk and Recorder periodic disclosure reports of contributions received and expenditures made during the applicable reporting period not later than: a. The twenty-first day and the Friday before, and the thirtieth day after,the primary election; b. The twenty-first day and the Friday before, and the thirtieth day after, the general election; c. The twenty-first day and the Friday before, and the thirtieth day after, a special election, if the county entity supports or opposes the nomination, election or retention of a county candidate who, or the passage of a county ballot issue or county ballot question that, will appear on the ballot for the special election. 2. Reporting Due Date in Off-Election Years. In off-election years, county entities shall file with the Clerk and Recorder periodic disclosure reports of contributions received and expenditures made during the applicable reporting period not later than the first day of the calendar month in which the anniversary of the major election occurs. 3. Reporting Periods. a. The reporting period for any disclosure report with a due date expressed in terms of a day or number of days before an election in Section 4.50(B)(1) begins on the day after the last day of the prior reporting period, and ends on the date that is five calendar days before the date that the report is due. 10 b. The reporting period for any disclosure report with a due date expressed in terms of a number of days after an election Section 4.50(B)(I) begins on the day after the last day of the prior reporting period, and ends on the last day of the calendar month in which the election was held. c. The reporting period for any disclosure report due in an off-election year begins on the first day of the calendar month following the month in which the major election occurred, and ends on the date that is five days prior to the due date for the disclosure report in the off-election year. d. Each year, the Clerk and Recorder shall publish a calendar of reporting periods and periodic disclosure report due dates and make the same available on the official county website and the Clerk and Recorder's website devoted to county elections, if any. 4.60 Changes to Committees; Termination A. Amendments. Changes to any information disclosed on a committee registration statement shall be reported to the Clerk and Recorder within ten days. B. Change of Office Sought. A county candidate who changes the office sought shall terminate his or her existing county candidate committee and register a new candidate committee within ten days of the change. C. Termination of County Committee. A county committee may terminate if the following conditions are met: 1. The county committee no longer intends to receive contributions or make expenditures; 2. The county committee has a zero balance because it has no cash or assets on hand and no outstanding debts or obligations; and 3. The county candidate or county committee files a termination report of contributions and expenditures with the Clerk and Recorder. 4. A county committee may dispose of assets remaining in its possession before termination in the same manner as allowed for the disposition of unexpended contributions. D. Unexpended Contributions. 1. Generally. Unexpended contributions of a county committee shall be reported as the ending balance throughout the election cycle. Unexpended balances II from the disclosure report filed thirty days after the applicable election shall be reported as the beginning balance in the next election cycle. 2. County candidate committees. a. Unexpended contributions of a county candidate committee may be retained by the county candidate committee for use in a subsequent election cycle for the same county elective office. b. Unexpended contributions of a county candidate committee may be transferred to a new county candidate committee established by the same candidate for a different county elective office, provided that the existing county candidate committee shall be affirmatively closed by the county candidate within ten days of registering the new candidate committee. c. Unexpended contributions held by a county candidate committee that wishes to terminate may be: i. Donated to a charitable organization recognized by the Internal Revenue Service; H. Returned to contributors; • Hi. For county candidates elected to county office, utilized for voter registration, political issue education, postsecondary educational scholarships, to communicate with constituents, or for expenses directly related to the officeholder's official duties. 3. County political committees and county issue committees. County political committees and county issue committees desiring to terminate may dispose of unexpended contributions by returning them to contributors or donating them to a charitable organization recognized by the Internal Revenue Service. 4.70 Calculation of Time; Timeliness A. In the event any due date for filing any statement or report required by this Title 4 falls on a weekend or legal holiday, the due date is extended until the next business day. B. All filings by county entities required by this Title 4 shall be deemed timely if made at or before the regular close of business of the office of the Clerk and Recorder. 12 4.80 Penalties A. The County Clerk and Recorder shall publish the names of all county entities not in compliance with the applicable provisions of this Title 4 no later than ten (10) days prior to any election, if such lack of compliance is known to the Clerk and Recorder at such time. B. Any county candidate who knowingly or intentionally violates any provision of this section, or who conspires with another to violate any provision of this section, shall, in addition to any other penalties, be denied his/her right to take oath for the office to which he/she was elected, unless he/she has already taken said oath, in which event the office shall be deemed vacated and shall be filled as otherwise provided by this Charter. C. Any person who knowingly or intentionally violates a provision of this Title 4 relating to a county entity is guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding one hundred ($100.00) dollars, or by imprisonment in the County jail for not more than ten (10) days, or both such fine and imprisonment. 4.90 Severability If any provision of this Title or the application thereof to any person or circumstance is determined to be invalid, such invalidity shall not affect other provisions or applications of this Title which can be given effect without the invalid provision or application and, to this end, the provisions of this Title are declared to be severable. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,AUTHORIZING ACQUISITION OF THE REDSTONE COUNTRY STORE PARCEL ORDINANCE# , SERIES OF 2012 RECITALS I. The Voters of Pitkin County and the Pitkin County Commissioners established an Open Space and Trails Fund for the purposes of preserving and providing open space and trails resources in Pitkin County, and established an Open Space and Trails Board of Trustees to guide the expenditure of those funds. 13 2. Robert McCormick is owner of the Redstone Country Store Property, located along the Crystal River across from Elk Park. Mr. McCormick desires to sell .67 acres of this property on the River to the County for open space purposes. 3. The property possesses scenic qualities that enhance the natural and historic attributes of the Redstone Area. The County acquisition of this parcel will protect the views of the historic Redstone Inn from the Elk Park and the West Elk Loop Scenic and Historic Byway, and will augment Elk Park by providing additional riverfront open space for residents' and visitors' enjoyment. 4. On May 3, 2012, the Open Space and Trails Board publicly recommended the expenditure of$225,000 for the purchase of the Redstone Country Store Property. NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners of Pitkin County,Colorado,that: 1. The Board approves an expenditure of $225,000 for the acquisition of the Redstone Country Store Property, and up to $25,000 in related transaction expenses. 2. Upon approval of the form by the Open Space Director and County Attorney, the Chair is authorized to execute an agreement for purchase of the Redstone Country Store Property for$225,000, and the Chair is further authorized to execute such documents as a necessary to consummate this transaction upon approval of the form thereof by the Open Space Director and County Attorney. 3. That adjustments be made to the year 2012 budget as follows: OPEN SPACE AND TRAILS FUND Previous Revised Budget This Change Proj Budget Redstone Country Store Property Expenditure 0 $250,000 $250,000 The BOCC finds that adoption of this ordinance is necessary for the immediate preservation of the public health, safety and welfare of the citizens of Pitkin County and therefore declares this ordinance and legislation to be effective immediately. 14 I, la 4 is -1,5!).:;;;;,,t i.,.,:kiteilm:,„4„:".14., 41p% _1... 1*.,1141;',aeliva; .4.7„VP-9,, er,A;s4 ; ‘,. .. b40'• fit.i.,y,,Lew Egs.,..;ri.;,...,11...,tt.isrityt_ii70,1ag•-.. vr.. ....1,v,A . r•,- `,. .4-1 0 t?fiyhto• -sage;fr.i „itirr:let4 st4-zirntij•iil, -- rit•4 ?IT:-,:. ,q,:pitei.-1.•• . i'v -4 r * .4.i'ocr .c1-f.e WC Ps,t ' --t. • . & fi: -cipt...*,,t.tre ....0:„.0. ,t,ii • 4"44,,.,, % .1 ;,:i...0...7..••a : 4•• • -'4:21," ; ; it • YX$Mt Cs **Ai, f..4 Tfittg...4‘, • •lit!, ‘!;..••;'4 1;1' ,:,41 14,.. 4. ea-s-„, x n' - ... 1 ,,--d:atta tirA.ty„.:• ,• ?to • (.. -.4.z.4.4_ krvi: --c----- .._ ;ti.:::: ,..:, 2 - -artaL-i, ik:../.1„,... , -. -4. , ii- :4:4 r : Tr ,,,„ %tr..., ,‘..s ...:4 .ipie- 44.,;ir WSCI.../R1C-,-..-', 4',A''st ,:'`:*-? ft, Kr,tetAte...: *,:ttiv.g 7:.41'z' \y.-: \‘__ri.- .A,-.: . - -- ; 3 .1141,,at-04 7,1,k 'ft klii&-•:-.t _k____IJ st- tv --- ..•71:1•ItPle -. -,• - ..4.-.7 . :L., • ...- . ie, _ r461 „ ) .. 1 -Et ifOrt,--- --;.2-_,. 24--: 0.; sr .. ,._,,- 1-. :ii5garmcc',47%Nt itiv.t 44VA,.. ,40grifc,`t :•:„.,, - :- --.4•12a...-441-7-4:-:-',4,4,44e..,*!'atit-‘ 'T„7-0;,-,ck: t.eTsegrifejel:!;:,Yi;it'":"111:rnciltlilit-.) ‘FA -1,;ter."4:„-"/ r:44%Sictts44:tc,f -4' j , r.% , ,:-.Y..;:•act:e. ...., .42'. /X ,,,.1Ti :.tt.;:ile S1+1 40,6. 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':.>- \\,-;t3r, 44 I. 4■ .t iN NOTICE OF FINAL ADOPTIONS AT THE FOLLOWING DULY NOTICED PUBLIC HEARINGS: The following Ordinance on April 11, 2012: Ordinance No. 010-2012 Amending Ordinance no. 001-2001 to Rezone Properties in the North Fork of the Upper Fryingpan Valley to RS-35 The following Resolution on April 25, 2012: Resolution No. 050-2012 Approving the Estate of Marvin Tillman Site Plan Review and Activity Envelope Amendment for a tract of land situated in Lot 3, Section 22, Township 9 South, Range 86 West of the Sixth Principal Meridian. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in the Pitkin County Land Use Code § 2-20-170 and C.R.S. § 24-68-105. The statutory vested rights granted herein shall expire on April 25, 2012 15 NOTICE OF APPLICATIONS TO BE CONSIDERED BY THE COMMUNITY DEVELOPMENT DIRECTOR: RE: Mulhern-Brodsky Activity Envelope and Site Plan Review(Case P045-12) NOTICE IS HEREBY GIVEN that an application has been submitted by Daneil Mulhern-Brodsky (146 Picket Pin Lane, Snowmass, CO 81654) requesting Activity Envelope and Site Plan approval for demolition of an existing garage and construct a new garage and addition to an existing residence. The property is located at 146 Picket Pin Lane and is legally described as a parcel of land in Tracts 82 and 82 of Section 34, Township 8, Range 86, West of the 6th P.M. The State Parcel Identification Number for the property is 2467-343-00-017. The application is available for public inspection in the Pitkin County Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Mike Kraemer at(970) 920-5482. 16 "PRIVATE": Purchase Order Number 200 Published May 24,2012 PUBLIC NOTICE NOTICE IS HEREBY GIVEN TO THE GENERAL PUBLIC OF THE FOLLOWING MATTERS OF INTEREST REGARDING THE PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS: • Unless otherwise notified all regular and special meetings will be held in the Board of County Commissioners, Plaza One Conference Room, 530 E Main St, Aspen • All regular meeting items begin at 12:00 p.m., or as soon thereafter as the conduct of business allows. Check agenda at http://www.aspenvitkin.com or call 920- 5200 for meeting times for special meetings. • Copies of the full text of any resolution(s) and ordinance(s) referred to are available during regular business hours (8:30—4:30) in the Clerk and Recorder's office, 530 East Main Street, Suite 101, Aspen, Colorado 81611 • NOTICE: THE BOARD OF COUNTY COMMISSIONERS MEETINGS WILL BE HELD IN THE RIO GRANDE CONFERENCE ROOM, 455 RIO GRANDE PLACE, ASPEN FROM MAY 14TH THROUGH JULY 21, 2012 NOTICE OF UPCOMING PUBLIC HEARINGS BEFORE THE BOARD OF COUNTY COMMISSIONERS ON WEDNESDAY, JUNE 27, 2012: The following Resolutions: RE: Alexander/Westchester Investments Inc. (Pride of Aspen) Subdivision Conceptual Submission,Activity Envelope Review, Special Review for TDRs for New Development Right, PUD Rezoning, Subdivision Exemption and GMQS Exemption (CASE# P I30-09; PID #2735-124-00-001, 2735-124-00-005, & 2735-132-00-001) An application submitted by The Pride LLC (739 25 Road, Grand Junction, CO 81505) and Westchester Investments Inc (121 Alhambra Plaza, Suite #1400, Coral Gable, FL 33134) requesting to subdivide the property into three lots: Tract A: 9.76 acre lot comprised primarily of the Homestake Lode and owned by Westchester Investments; Tract B: 17.94 acre open space parcel to be dedicated to Pitkin County; and Tract C: 1.64 acre lot to be developed with a new single family residence. The Application includes the following requests: Subdivision/PUD Conceptual Submission to create two developable lots (Tracts A and C); Rezoning with a PUD Overlay; Special Review and GMQS Exemption for a new dwelling unit on Tract C using up to three TDRs (7,500 square feet of floor area); Activity Envelope on Tract C; Subdivision Exemption to create a 17.94 acre Open Space Parcel to be dedicated to Pitkin County; and GMQS Exemption for Replacement on Tract A (existing fathering parcel development right). The properties are located off of West Hopkins Avenue on Shadow Mountain, and are legally described as Government Lot 19, Section 12, Township 10 South, Range 85 West of the 6th P.M.; Government Lot 34, Section 13, Township 10 South, Range 85 West of the 6th P. M.; The Extra Lode Mining Claim (U.S. Mineral Survey No. 7364); The Pride of Aspen Lode Mining Claim (U.S. Mineral Survey No. 7364); a portion of the Copperopolis Lode Mining Claim (U.S. Mineral Survey No. 1759); and the Homestake Lode (U.S. Mineral Survey No. 4211), also referred to as the Adjusted Gramiger Parcel as shown on the Gramiger/Sheehan Lot Line Adjustment Plat. The State Parcel Identifications for these properties are 2735-124- 00-001, 2735-124-00-005, and 2735-132-00-001. The application/resolution are available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen CO 81611. For further information, contact Suzanne Wolff at (970) 920-5093. NOTICE OF APPLICATIONS TO BE CONSIDERED BY THE COMMUNITY DEVELOPMENT DIRECTOR: RE: Nakagawa Site Plan Review for Installation of Landscaping (CASE# P030-12; PID 2467-174-00-024) NOTICE IS HEREBY GIVEN that an application has been submitted by Heitor Nakagawa(PO Box 1131, Basalt, CO 81621) requesting to gain approval to install landscaping along a Hwy 82, a designated scenic corridor. No structures or uses of the land are proposed at this time. Use and structure review will be conducted in a future public hearing that will be noticed. The property is located at 24041 Hwy 82, and is legally described as a parcel of land situated in Tracts 55 and 57, all in Section 17, Township 8 South, Range 86 West, of the 6th P.M. The State Parcel Identification for the property is 2467-174-00-024. The application is available for public inspection in the Pitkin County Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Mike Kraemer at (970) 920-5482. RE: Shook Site Plan Review and Minor Plat Amendment(Case P048-12) NOTICE IS HEREBY GIVEN that an application has been submitted by Barbara Ingalls Shook (2000 Morris Avenue, #1210, Birmingham,AL 35203) requesting for Site Plan approval for construction of a pond. The property is located at 1170 Willoughby Way and is legally described as Lot 2, Sickles Subdivision. The State Parcel Identification Number for the property is 2735-013-04-002. The application is available for public inspection in the Pitkin County Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Mike Kraemer at (970) 920-5482. NOTICE OF FINAL DETERMINATIONS BY THE COMMUNITY DEVELOPMENT DIRECTOR: NOTICE IS HEREBY GIVEN to the general public that on May 15,2012, the Pitkin County Community Development Director granted approval for the Barry-Wehmiller Group Inc Activity Envelope (Case P023-12-12; Deter.#28-2012). The property is located at 100 East River Ranch Rd and is legally described as a parcel of land situated in Tracts 70 and 72, Sections 25 and 26, Township 8 South, Range 86 West of the 6'h P.M. The 2 State Parcel Identification Number for the property is 2467-252-00-001. This site-specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. S/Cindy Houben Community Development Director Jeanette Jones, Deputy County Clerk Published in the Aspen Times Weekly on May 24, 2012 3 "PRIVATE": Purchase Order Number 200 Published May 24,2012 PUBLIC NOTICE NOTICE IS HEREBY GIVEN TO THE GENERAL PUBLIC OF THE FOLLOWING MATTERS OF INTEREST REGARDING THE PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS: • Unless otherwise notified all regular and special meetings will be held in the Board of County Commissioners, Plaza One Conference Room, 530 E Main St, Aspen • All regular meeting items begin at 12:00 p.m., or as soon thereafter as the conduct of business allows. Check agenda at http://www.aspenpitkin.com or call 920- 5200 for meeting times for special meetings. • Copies of the full text of any resolution(s) and ordinance(s) referred to are available during regular business hours (8:30—4:30) in the Clerk and Recorder's office, 530 East Main Street, Suite 101, Aspen, Colorado 81611 • NOTICE: THE BOARD OF COUNTY COMMISSIONERS MEETINGS WILL BE HELD IN THE RIO GRANDE CONFERENCE ROOM, 455 RIO GRANDE PLACE, ASPEN FROM MAY 14" THROUGH JULY 21, 2012 NOTICE OF UPCOMING PUBLIC HEARINGS BEFORE THE BOARD OF COUNTY COMMISSIONERS ON WEDNESDAY, JUNE 27, 2012: The following Resolutions: RE: Alexander/Westchester Investments Inc. (Pride of Aspen) Subdivision Conceptual Submission, Activity Envelope Review, Special Review for TDRs for New Development Right, PUD Rezoning, Subdivision Exemption and GMQS Exemption (CASE# P 130-09; PID #2735-124-00-001, 2735-124-00-005, & 2735-132-00-001) An application submitted by The Pride LLC (739 25 Road, Grand Junction, CO 81505) and Westchester Investments Inc (121 Alhambra Plaza, Suite#1400, Coral Gable, FL 33134) requesting to subdivide the property into three lots: Tract A: 9.76 acre lot comprised primarily of the Homestake Lode and owned by Westchester Investments; Tract B: 17.94 acre open space parcel to be dedicated to Pitkin County; and Tract C: 1.64 acre lot to be developed with a new single family residence. The Application includes the following requests: Subdivision/PUD Conceptual Submission to create two developable lots (Tracts A and C); Rezoning with a PUD Overlay; Special Review and GMQS Exemption for a new dwelling unit on Tract C using up to three TDRs (7,500 square feet of floor area); Activity Envelope on Tract C; Subdivision Exemption to create a 17.94 acre Open Space Parcel to be dedicated to Pitkin County; and GMQS Exemption for Replacement on Tract A (existing fathering parcel development right). The properties are located off of West Hopkins Avenue on Shadow Mountain, and are legally described as Government Lot 19, Section 12, Township 10 South, Range 85 West of the 6th P.M.; Government Lot 34, Section 13, Township 10 South, Range 85 West of the 6th P. M.; The Extra Lode Mining 1 Claim (U.S. Mineral Survey No. 7364); The Pride of Aspen Lode Mining Claim (U.S. Mineral Survey No. 7364); a portion of the Copperopolis Lode Mining Claim (U.S. Mineral Survey No. 1759); and the Homestake Lode (U.S. Mineral Survey No. 4211), also referred to as the Adjusted Gramiger Parcel as shown on the Gramiger/Sheehan Lot Line Adjustment Plat. The State Parcel Identifications for these properties are 2735-124- 00-001, 2735-124-00-005, and 2735-132-00-001. The application/resolution are available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen CO 81611. For further information, contact Suzanne Wolff at (970) 920-5093. NOTICE OF APPLICATIONS TO BE CONSIDERED BY THE COMMUNITY DEVELOPMENT DIRECTOR: RE: Nakagawa Site Plan Review for Installation of Landscaping (CASE# P030-12; PID 2467-174-00-024) NOTICE IS HEREBY GIVEN that an application has been submitted by Heitor Nakagawa(PO Box 1131, Basalt, CO 81621) requesting to gain approval to install landscaping along a Hwy 82, a designated scenic corridor. No structures or uses of the land are proposed at this time. Use and structure review will be conducted in a future public hearing that will be noticed. The property is located at 24041 Hwy 82, and is legally described as a parcel of land situated in Tracts 55 and 57, all in Section 17, Township 8 South, Range 86 West, of the 6th P.M. The State Parcel Identification for the property is 2467-174-00-024. The application is available for public inspection in the Pitkin County Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Mike Kraemer at (970) 920-5482. RE: Shook Site Plan Review and Minor Plat Amendment(Case P048-12) NOTICE IS HEREBY GIVEN that an application has been submitted by Barbara Ingalls Shook (2000 Morris Avenue, #1210, Birmingham, AL 35203) requesting for Site Plan approval for construction of a pond. The property is located at 1170 Willoughby Way and is legally described as Lot 2, Sickles Subdivision. The State Parcel Identification Number for the property is 2735-013-04-002. The application is available for public inspection in the Pitkin County Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Mike Kraemer at (970) 920-5482. NOTICE OF FINAL DETERMINATIONS BY THE COMMUNITY DEVELOPMENT DIRECTOR: NOTICE IS HEREBY GIVEN to the general public that on May 15, 2012,the Pitkin County Community Development Director granted approval for the Barry-Wehmiller Group Inc Activity Envelope (Case P023-12-12; Deter. #28-2012). The property is located at 100 East River Ranch Rd and is legally described as a parcel of land situated in Tracts 70 and 72, Sections 25 and 26, Township 8 South, Range 86 West of the 6`h P.M. The 2 State Parcel Identification Number for the property is 2467-252-00-001. This site-specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. S/Cindy Houben Community Development Director Jeanette Jones, Deputy County Clerk Published in the Aspen Times Weekly on May 24, 2012 3