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HomeMy WebLinkAboutbocc.min.reg.01222014 • PITKIN COUNTY COMMISSIONERS REGULAR MEETING AGENDA Plaza One Meeting Room APPROVED BY BOCC (Commissioner Inner not present) ON c '�Z 240 J/ WEDNESDAY,JANUARY 22,2014- 12:00 NOON ADDITIONS/DELETIONS TO AGENDA PUBLIC COMMENT COMMISSIONER COMMENTS CONSENT ACTIONS 1. Minutes of Work Session of November 19, 2013 and Regular Meeting of January 8,2014 2. Resolution Appointing Citizen Board Members, Charlotte Anderson CONSENT ACTIONS-1st Readings, Set for Public Hearing on February 12, 2014 3. Ordinance Repealing Ordinance No. 21-2013 and Adopting Pitkin County Retail Marijuana Licensing Regulations to be Added to Title 6 of the Pitkin County Code as Chapter 6.48,John Ely 4. Resolution Approving a Grant Agreement with the State of Colorado, Department of Local Affairs to Fund the Pitkin County Best and Brightest Intern Using Funds from the Energy and Mineral Impact Assistance Program, Jon Peacock. 5. Resolution for a Memo of Understanding with 2014/15 SFY Colorado Works Program and Colorado Childcare Assistance Program,Nan Sundeen CONSENT PUBLIC HEARINGS 6. Special Event Liquor Permit—Bus to Show,Jeanette Jones CONSENT PUBLIC HEARINGS,2nd Reading 7. Resolution Authorizing IGA authorizing a GOCO grant agreement for Glassier Ranch, Dale Will CONFIRMATORY READING and PUBLIC HEARING 8. Emergency Ordinance Establishing a Temporary Moratorium to Suspend the Issuance of All New Licenses Pertaining to Medical Marijuana, John Ely LAND USE PUBLIC HEARINGS I. GSM LLC Major Plat Amendment, Activity Envelope, and Site Plan Review, PH (PN 12/19/13), M. Kraemer 2. ' Aspen Rent All Designation/Expansion of Non-Conforming Use, PH (PN 12/19/13), M. Kraemer 3. Edgington Appeal of Administrative Decision, (Continued from 12/18/13), PH(PN 12/19/13), L. Clarke LAND USE ACTIONS 4. Flatbush Farms (Pietrzak) Minor Amendment to a Development Permit, L. Clarke 5. Cameron(McLain)Forwarding of Commercial GMQS Scoring, M. Kraemer. BOCC OPEN DISCUSSION CCI STEERING COMMITTEE MEETINGS THURSDAY,JANUARY 23,2014 General Government 9:00 AM Tourism, Resorts& Economic Development 11:00 AM Taxation & Finance 12:30 PM Transportation&Telecommunications 2:00 PM FRIDAY,JANUARY 24,2014 Health& Human Services 9:00 AM Agriculture, Wildlife& Rural Affairs 11:00 AM Land Use&Natural Resources 12:30 PM Public Lands 2:00 PM CERTIFICATION OF PUBLICATION I, Jeanette Jones, Deputy County Clerk to the Pitkin County Board of County Commissioners, do hereby certify that all the documents subject to a public hearing on this agenda dated January 22, 2014, were posted by full text on the Official Pitkin County Website pursuant to Pitkin County Home Rule Charter, Article II —The Board of County Commissioners, Section 2.8, Actions. if en under hand and official seal this 12th day of February, 2014. 41> N CoVMj I .. .'.�� ; I .rte , Jean- to Jones, Deputy/County Clerk and Recorder i SEAL 1l Clerg to the Board of •'aunty Commissioners ��._.., ° • `�,otop,,v. BOARD OF COUNTY COMMISSIONERS 1 REGULAR MEETING JANUARY 22, 2014 MINUTES BOARD OF COUNTY COMMISSIONERS REGULAR MEETING JANUARY 22, 2014 PLAZA ONE MEETING ROOM  The agenda items contained in these minutes are written in an action only format.  For a video and/or audio production of this meeting, go to:  http://www.aspenpitkin.com/Departments/Board-of-County-Commissioners- (BOCC)/County-Webcasts/  To access the Board of County Commissioners meeting packet material and meeting minutes associated with the items listed in these minutes go to: laserficheweblink  To access BOCC Documents finally approved click on the document number in the minutes. If the document is not linked, it is still in the process of being finalized and scanned. Please call 970 -920-5157 for the status. CALL TO ORDER: Vice-Chairman Steve Child called the Board of County Commissioners Regular Meeting to order at 12:00 PM. COUNTY COMMISSION MEMBERS PRESENT: Steve Child, Rachel Richards, Michael Owsley, and George Newman COMMISSION MEMBERS ABSENT: Rob Ittner ADDITIONS/DELETIONS TO THE AGENDA: None PUBLIC COMMENT: None COMMISSIONER COMMENTS: Commissioner Child announced that on Wednesday, January 29, 2014, from 4PM to 7PM, the Basalt Library will have non-profit organizations there to give our citizens a chance to meet with different organizers and learn more about these groups. BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING JANUARY 22, 2014 CONSENT ACTIONS: Minutes of the Board of County Commissioners’ Work Session Meeting of November 19, 2013 and Regular Meeting of January 8, 2014 – MOTION TO APPROVE Staff: Lyndee R. Dean, Clerk to the Board of County Commissioners Action: Commissioner Owsley moved to approve minutes. Commissioner Richards seconded the motion. Motion passed 4 to 0 with Commissioners Child, Richards, Owsley and Newman voting aye and Commissioner Ittner not present. Resolution No. 010-2014 - Appointing Citizen Board Members – MOTION TO APPROVE Staff: Charlotte Anderson Action: Commissioner Richards moved to approve the Resolution Appointing Citizen Board Members (Shana Miller, Weed Advisory Board, Regular). Commissioner Owsley seconded the motion. Motion passed 4 to 0 with Commissioners Child, Richards, Owsley and Newman voting aye and Commissioner Ittner n ot present. CONSENT ACTIONS-1st Readings, Set for Second Reading and Public Hearing on February 12, 2014: First Reading of Ordinance Repealing Ordinance No. 21-2013 and Adopting Pitkin County Retail Marijuana Licensing Regulations to be added to Title 6 of the Pitkin County Code as Chapter 6.48 – MOTION TO APPROVE, AS AMENDED ON FIRST READING, AND SET SECOND READING AND PUBLIC HEARING TO FEBRUARY 12, 2014 Staff: John Ely, County Attorney Direction: Commissioner Richards asked if she could have the average salary of a Sheriff’s Officer for information while the board is looking over fees for enforcement activities and public safety. John Ely suggested instead that she request the Cost of Call as it should be more reflective as to response. Commissioner Richards was agreeable to this suggestion. Action: Commissioner Richards moved to approve, on first reading the Ordinance Repealing Ordinance No. 21-2013 and Adopting Pitkin County Retail Marijuana Licensing Regulations to be added to Title 6 of the Pitkin County Code as Chapter 6.48 with the following amendments, and set second reading and public hearing to February 12, 2014:  Regarding Regulation Section 6.48.100 FACILITY REQUIREMENTS new sub- section L, John Ely directed to come back at second reading with a sample of a hand-out of some form giving advisement of Colorado law with marijuana product purchases – The board accepts this regulation with addition of sub-section L in BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING JANUARY 22, 2014 that in that very same section they are talking about to read an advisement on Colorado laws and individual responsibility shall accompany every sale of retail marijuana products and be displayed in the premises of the retail marijuana sales store establishment.  Regarding Regulation Section 6.48.070 LICENSING PROCEDURE AND CRITERIA, under C.16, the Frying Pan Caucus area shall be added to that paragraph. In this paragraph, the review period of one year following the adoption of these regulations shall remain as is. Commissioner Child seconded the motion. Motion passed 3 to 1 with Commis sioners Richards, Child, and Owsley voting aye, Commissioner Newman voting nay and Commissioner Ittner not present. (Commissioner Newman has heard concerns from various areas and thinks it would be better to have community dialogues.) First Reading of Resolution Approving a Grant Agreement with the State of Colorado, Department of Local Affairs to Fund the Pitkin County Best and Brightest Intern Using Funds from the Energy and Mineral Impact Assistance Program – MOTION TO APPROVE ON FIRST READING AND SET SECOND READING AND PUBLIC HEARING TO FEBRUARY 12, 2014 Staff: Jon Peacock, County Manager Action: Commissioner Newman moved to approve the Resolution Approving a Grant Agreement with the State of Colorado, Department of Local Affairs to Fund the Pitkin County Best and Brightest Intern Using Funds from the Energy and Mineral Impact Assistance Program on first reading and set second reading and public hearing to February 12, 2014. Commissioner Richards seconded the motion. Motion passed 4 to 0 with Commissioners Child, Richards, Owsley and Newman voting aye and Commissioner Ittner not present. First Reading of Resolution to Approve the 2013-2015 Memorandum of Understanding for the Colorado Works Program and the Colorado Child Care Assistance Program – MOTION TO APPROVE ON FIRST READING AND SET SECOND READING AND PUBLIC HEARING TO FEBRUARY 12, 2014 Staff: Nan Sundeen, Director of Health and Human Services Action: Commissioner Richards moved to approve the Resolution to approve the 2013- 2015 Memorandum of Understanding for the Colorado Works Program and the Colorado Child Care Assistance Program on first reading and set second reading and public hearing to February 12, 2014. Commissioner Owsley seconded the motion. Motion passed 4 to 0 with Commissioners Child, Richards, Owsley and Newman voting aye and Commissioner Ittner not present. CONSENT PUBLIC HEARINGS: Special Event Liquor License Application for the Bus to Show, Inc. – MOTION TO APPROVE Staff: Jeanette Jones, Clerk to the BOCC BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING JANUARY 22, 2014 Action: Commissioner Owsley moved to approve the Special Event Liquor License Application for the Bus to Show, Inc. Commissioner Richards seconded the motion. Motion passed 4 to 0 with Commissioners Child, Richards, Owsley and Newman voting aye and Commissioner Ittner not present. CONSENT PUBLIC HEARINGS, 2ND READING: Second Reading and Public Hearing - Resolution No. 011-2014 - Approving an Intergovernmental Agreement with the State Board of the Great Outdoors Colorado (GOCO) Trust Fund (Glassier Ranch) – MOTION TO APPROVE Staff: Dale Will, Director of Pitkin County Open Space and Trails Amendment to Resolution: Dale Will informed the board that there was an error on the first page of the Resolution showing 37 acres when it should show 137 acres. He has corrected it and given the corrected version to the Clerk of the Board for the Chair’s signature. Action: Commissioner Newman moved to approve the Resolution, as amended above, Approving an Intergovernmental Agreement with the State Board of the Great Outdoors Colorado (GOCO) Trust Fund (Glassier Ranch) on second reading and public hearing. Commissioner Richards seconded the motion. Motion passed 3 to 1 with Commissioners Child, Richards, and Newman voting aye, Commissioner Owsley voting nay and Commissioner Ittner not present. (Commissioner Owsley said that since he hadn’t been in favor of this and did not vote for the purch ase, he will not support this) Confirmatory Reading and Public Hearing: Confirmatory Reading and Public Hearing - Emergency Ordinance No. 001-2014 Establishing a Temporary Moratorium to Suspend the Issuance of all new Licenses Pertaining to Medical Marijuana – MOTION TO CONTINUE TO FEBRUARY 12, 2014 Staff: John Ely, County Attorney Action (1st Motion): Commissioner Newman moved to approve the Confirmatory Reading and Public Hearing on Emergency Ordinance Establishing a Temporary Moratorium to Suspend the Issuance of all new Licenses Pertaining to Medical Marijuana. Commissioner Child seconded the motion. Motion FAILED 2 to 2 with Commissioners Newman and Owsley voting aye, Commissioners Richards and Child voting nay and Commissioner Ittner not present. Action (2nd Motion): Commissioner Newman moved to continue the Confirmatory Reading and Public Hearing on Emergency Ordinance Establishing a Temporary Moratorium to Suspend the Issuance of all new Licenses Pertaining to Medical Marijuana to February 12, 2014 when Commissioner Ittner will be back and there will be a full board. Commissioner Richards seconded the motion. Motion FAILED 2 to 2 with BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING JANUARY 22, 2014 Commissioners Newman and Child voting aye, Commissioners Richards and Owsley voting nay and Commissioner Ittner not present. Action (3rd Motion): Commissioner Newman moved to reconsider the previous continuation motion of the Confirmatory Reading and Public Hearing on Emergency Ordinance Establishing a Temporary Moratorium to Suspend the Issuance of all new Licenses Pertaining to Medical Marijuana to February 12, 2014 when Commissioner Ittner will be back and there will be a full board. Commissioner Richards seconded the motion. Motion passed 4 to 0 with Commissioners Child, Richards, Owsley and Newman voting aye and Commissioner Ittner not present. Action (4th & Final Motion): Commissioner Newman moved to continue the Confirmatory Reading and Public Hearing on Emergency Ordinance Establishing a Temporary Moratorium to Suspend the Issuance of all new Licenses Pertaining to Medical Marijuana to February 12, 2014 when Commissioner Ittner will be back and there will be a full board. Commissioner Richards seconded the motion. Motio n passed 4 to 0 with Commissioners Child, Richards, Owsley and Newman voting aye and Commissioner Ittner not present. LAND USE PUBLIC HEARINGS: First Reading and Public Hearing of Resolution Approving the GSM LLC Subdivision Exemption for a Major Plat Amendment, Activity Envelope, and Site Plan Review – MOTION TO APPROVE ON FIRST READING AND PUBLIC HEARING AND SET SECOND READING TO FEBRUARY 12, 2014 Staff: Mike Kraemer, Planner Applicant: GSM LLC Representative: Charles Cunniffe Architects Correction from staff: Mr. Kraemer informed the board that the correct name for the Applicant and the property is GSM Aspen LLC. Direction: Based upon staff’s packet material, Commissioner Richards and Commissioner Newman would like staff to supply a matrix and a chart with the numbers in it of lot sizes, floor areas, etc. in future land use applications rather than staff having to explain them. It would help to cut down on any confusion during presentations. Action: Commissioner Owsley moved to approve the Resolution Approving the GSM Aspen LLC Subdivision Exemption for a Major Plat Amendment, Activity Envelope, and Site Plan Review on first reading and public hearing and set second reading to February 12, 2014. Commissioner Newman seconded the motion. Motion passed 3 to 1 with Commissioners Owsley, Newman, and Richards voting aye, Commissioner Child voting nay and Commissioner Ittner not present. (Commissioner Child was still troubled by encroaching into the setback area and HOA concerns and agreed with P&Z that the BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING JANUARY 22, 2014 property was consistent with other large houses on Red Mountain, but not necessarily with this particular neighborhood.) Resolution No. 012-2014 - Approving the Aspen Rent-All Request for Designation/Expansion of a Non-Conforming Use with Significant Changes – MOTION TO APPROVE, AS AMENDED Staff: Mike Kraemer, Planner Applicant: Aspen Rent-All owned by ZG Girl Equity, LLC-Beth Hoff Blackmer Owner: Khatchgar LLC – Stephan and Heather Isberian Representative: Alan Richman Correction: Commissioner Newman noted that a correction needs to be made to Page 2 of Alan Richman’s presentation packet entitled ASPEN RENT-ALL DESIGNATION OF NON-CONFORMING USE. The 5th bullet reads as follows: The Caparrella property, which was recently approved by Pitkin County for construction of greenhouses to grow marijuana. Commissioner Newman stated that the BOCC approved the greenhouses only. There was no approval given to grow marijuana. For The Record: Commissioner Richards informed the board and the public that she spoke to Beth Hoff Blackmer on the phone several months ago and that she was considering this. This application, however, was not yet in the County process at that time. Direction: Commissioner Richards and Commissioner Newman support looking at the Stan Booth property which sits between Nakagawa and Aspen Rent-All to see about rezoning the Booth property to commercial. Action: Commissioner Richards moved to approve the Resolution Approving the Aspen Rent-All Request for Designation/Expansion of a Non -Conforming Use with Significant Changes with the following amendments:  Maintain the 7:00 AM starting hour  Shrink the size of the small equipment lot by 8 feet away from the fence and add some trees and a landscaping plan along the fence line. Commissioner Child seconded the motion. Motion passed 3 to 1 with Commissioners Child, Richards, and Newman voting aye, Commissioner Owsley voting nay and Commissioner Ittner not present. (Commissioner Owsley voted nay noting that he also opposed the Nakagawa property. This application, he said, has a great owner and is a great business, but the traffic going in and out onto Highway 82 is too dangerous). Resolution Denying the Edgington Appeal of Administrative Determination No. 60-2013 Related to Denial of a Caretaker Dwelling Unit – MOTION TO CONTINUE TO FEBRUARY 12, 2014 Staff: Lance Clarke, Assistant Director of Community Development Appellants: Bryan Edgington Representative: Glenn Horn BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING JANUARY 22, 2014 Action: Commissioner Newman moved to continue this item to February 12, 2014. Commissioner Owsley seconded the motion. Motion passed 4 to 0 with Commissioners Child, Richards, Owsley and Newman voting aye and Commissioner Ittner not present. NOTE: Commissioner Richards requested that this item be placed at the beginning of the Land Use items on the February 12, 2014 agenda. LAND USE ACTIONS: Resolution No. 020-2014 - Approving the Bob & Sue Pietrzak, LLC Minor Amendment to a Development Permit to Amend Provisions of the Flatbush Farms Protective Covenants – MOTION TO APPROVE Staff: Lance Clarke, Assistant Director of Community Development Applicants: Bob & Sue Pietrzak, LLC Representative: Gavin Brooke, Land + Shelter Action: Commissioner Newman moved to approve the Resolution Approving the Bob & Sue Pietrzak, LLC Minor Amendment to a Development Permit to Amend Provisions of the Flatbush Farms Protective Covenants. Commissioner Richards seconded the motion. Motion passed 4 to 0 with Commissioners Child, Richards, Owsley and Newman voting aye and Commissioner Ittner not present. Forwarding Planning Commission Score for the 2013 Commercial GMQS Competition for Employee Generation Unit’s (EGU’s) (Cameron) – NO ACTION REQUIRED AT THIS TIME Staff: Mike Kraemer Action: No action is required at this time. Direction: Commissioner Richards was informed by Lance Clarke that there are 43 EGUs yearly and they do not roll over. She would like to have an examination of whether there should be 43 each year. She said it doesn’t seem to really foster competition when there’s such a big bucket to d ip into. BOCC OPEN DISCUSSION: A discussion ensued on the Brush Creek Intercept lot and its signage. County Manager Jon Peacock responded to questions raised by Commissioner Owsley at the Work Session yesterday. Mr. Peacock informed him and the rest of the board that the Intercept lot is owned by CDOT and leased by the City of Aspen. The City of Aspen’s Parking Department actually manages it under an IGA. Commissioner Newman suggested that this might be a possible agenda item for discussion at EOTC. ADJOURNMENT: BOARD OF COUNTY COMMISSIONERS 8 REGULAR MEETING JANUARY 22, 2014 Action: Commissioner Newman moved to adjourn the regular meeting at 6:21 PM. Commissioner Richards seconded the motion. Motion passed 4 to 0 with Commissioners Child, Richards, Owsley and Newman voting aye and Commissioner Ittner not present. Respectfully submitted, A /41/4-- dee eDean Clerk to the Board o •unty Commissioners • r � / , 7, ■ i C.2>--J Je= e e Jones CI-r to the Board ofjCounty Commissioners v trlAA F cc/ Steve Child Vice-Chair of the Board of County Commissioners g\bocc\m i n utes\2014\reg\01222014 BOARD OF COUNTY COMMISSIONERS 9 REGULAR MEETING JANUARY 22,2014