HomeMy WebLinkAboutbocc.min.reg.03122014 PITMN COUNTY COMMISSIONERS
REGULAR MEETING AGENDA
Plaza One Meeting Room
(Commissioner Child not present.)
APPROVED BY BOCC
WEDNESDAY, MARCH 12, 2014 -12:00 NOON ON -12-Z01/I
ADDITIONS/DELETIONS TO AGENDA
PUBLIC COMMENT, COMMISSIONER COMMENTS
CONSENT ACTIONS
1. Minutes of Work Sessions of 2/18 and 2/25/14, Special Meetings of 2/25/14 and Regular Meeting of
2/26
2. Resolution of the Board of County Commissioners of Pitkin County, Colorado, Approving the 2014 List
of Highway User Tax Fund (HUTF) Roads, GR Fielding
3. Resolution Approving a Government Renewable Energy Mitigation Plan Request, Brian Pawl
4. Resolution Approving Setting the Colorado Child Care Assistance Income Eligibility at 200% of the
Federal Poverty Guideline,Nan Sundeen
CONSENT PUBLIC HEARING
5. Application Submitted by Shawna and Garrett Patrick d/b/a STASH for a Retail Marijuana Cultivation
Facility, Jeanette Jones
CONSENT PUBLIC HEARING, 2"d Readings
6. Resolution Approving an Amendment to the 1GA Regarding the Comprehensive Valley Transportation
Plan,Torn Oken
LAND USE PUBLIC HEARING
1. WOMP Overlay Zone District-Code Amendment, 2 11d Reading, PH (PN 1/23/14), M. Kraemer
2. WOMP Overlay Zone District-Code Rezoning, 2"d Reading, PH (PN 1/23/14), M. Kraemer
3. Nakagawa Annual Review, PH (PN 2/6/14), M. Kraemer
4. Burkholder Investments LTD/Verizon Wireless Special Review for a Cellular Facility, PH (PN 2/6/14),
M. Kraemer
LAND USE ACTION
5. GOVT 33 LLC Extension of Vested Rights, S. Wolff
BOCC OPEN DISCUSSION
ADJOURN
AGENDA IS SUBJECT TO CHANGE
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 March 12,
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.
G -n under hand and official seal this 26th day of March, 2014.
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Jean- e Jones, Deputy tie unty Clerk and Recorder t SEAT
Clergy to the Board of C unty Commissioners y /J
BOARD OF COUNTY COMMISSIONERS 1 REGULAR MEETING MARCH 12, 2014
MINUTES
BOARD OF COUNTY COMMISSIONERS
REGULAR MEETING
MARCH 12, 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: Chairman Rob Ittner called the Board of County Commissioners
Regular Meeting to order at 12:00 PM.
COUNTY COMMISSION MEMBERS PRESENT: Rob Ittner, Rachel Richards, Michael
Owsley, and George Newman
COMMISSION MEMBERS ABSENT: Steve Child
ADDITIONS/DELETIONS TO THE AGENDA: Bocc Clerk Lyndee Dean informed the
board that under Minutes to be approved in the agenda March 12, 2014 were placed
there in error.
PUBLIC COMMENT: None
BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING MARCH 12, 2014
COMMISSIONER COMMENTS:
Commissioner Richards had family in town and they have pushed her to give them a
shout out today. So, she shouted out to Kato, Zach, Kelsey and Bob to enjoy the snow
on Ajax today.
CONSENT ACTIONS:
Minutes of the Board of County Commissioners’ Work Session Meetings of
February 18 and February 25, 2014; Special Meetings of February 25, 2014 (Board
of Health and Board of Social Services); and Regular Meeting of February 26,
2014 – MOTION TO APPROVE
Staff: Lyndee R. Dean, Clerk to the Board of County Commissioners
Action: Commissioner Owsley moved to approve the Work Session minutes of
February 18, 2014 and the Regular Meeting minutes of February 26, 2014.
Commissioner Richards seconded the motion. Motion passed 4 to 0 with
Commissioners Ittner, Richards, Owsley, and Newman voting aye and Commissioner
Child not present.
Action: Commissioner Owsley moved to approve the Work Session minutes of
February 25, 2014 and the two Special Meetings of February 25, 2014. Commissioner
Richards seconded the motion. Motion passed 3 to 0 with Commissioners Ittner,
Richards and Owsley voting aye, Commissioner Child not present and Commissioner
Newman recusing himself as he did not attend these three meetings.
Resolution No. 027-2014 - Approving the 2014 List of Highway User Tax Fund
Roads – MOTION TO APPROVE
Staff: G. R. Fielding, County Engineer
Action: Commissioner Owsley moved to approve. Commissioner Richards seconded
the motion. Motion passed 4 to 0 with Commissioners Ittner, Richards, Owsley and
Newman voting aye and Commissioner Child not present.
Resolution No. 028-2014 - Authorizing the Chief Building Official to Exempt the
Roaring Fork Transit Authority’s (RFTA) Bus Rapid Transit Station (BRT)
Snowmelt System Fees – MOTION TO APPROVE
Staff: Brian M. Pawl, Chief Building Official
Action: Commissioner Owsley moved to approve the Resolution Authorizing the Chief
Building Official to Exempt the Roaring Fork Transit Authority’s (RFTA) Bus Rapid
Transit Station (BRT) Snowmelt System Fees. Commissioner Newman seconded the
motion. Motion passed 4 to 0 with Commissioners Ittner, Richards, Owsley and
Newman voting aye and Commissioner Child not present.
BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING MARCH 12, 2014
Resolution No. 029-2014 - Approving the Colorado Child Care Assistance Income
Eligibility at 200% of the Federal Poverty Guideline – MOTION TO APPROVE
Staff: Nan Sundeen, Director of Pitkin County Health and Human Services
Action: Commissioner Richards moved to approve the Resolution Approving the
Colorado Child Care Assistance Income Eligibility at 200% of the Federal Poverty
Guideline. Commissioner Owsley seconded the motion. Motion passed 4 to 0 with
Commissioners Ittner, Richards, Owsley and Newman voting aye and Commissioner
Child not present.
CONSENT PUBLIC HEARING:
Public Hearing on Application Submitted by Shawna and Garrett Patrick d/b/a
STASH for a Retail Marijuana Cultivation Facility – MOTION TO APPROVE, AS
CONDITIONED
Staff: Jeanette Jones, Deputy County Clerk, Brian Pawl, Chief Building Official
Action: Commissioner Richards moved to approve the Application Submitted by
Shawna and Garrett Patrick d/b/a STASH for a Retail Marijuana Cultivation Facility, with
the following conditions:
Expressly conditioned upon the needed required upgrades for the fire district to
be completed within 75 days. And, a letter to Brian Pawl from the Fire Marshall
within the next three days stating that they are okay with operations ongoing until
the final upgrades have been completed.
Commissioner Owsley seconded the motion.
Action: Commissioner Ittner requested an amendment to the motion that any
outstanding problems with the septic system and Building Code must be rectified and
that the applicant file an application with the State Water Court to bring the water rights
up to standards as required by the State Division of Water Resources. The applicant
will coordinate with the Division of Water Resources in the Engineer’s Office to take
whatever steps might be determined to be necessary by that office consistent with State
law. This amendment was acceptable to Commissioner Richards and Commissioner
Owsley
Motions passed 3 to 0 with Commissioners Ittner, Richards and Owsley voting aye,
Commissioner Child not present and Commissioner Newman voting nay as he is still
bothered by classifications (i.e. agricultural or commercial).
CONSENT PUBLIC HEARING, 2ND READING:
Second Reading and Public Hearing of Resolution No. 30-2014 - Approving an
Amendment to the Intergovernmental Agreement regarding the Comprehensive
Valley Transportation Plan – MOTION TO APPROVE
Staff: Tom Oken
BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING MARCH 12, 2014
Action: Commissioner Owsley moved to approve the second reading and public
hearing of Resolution Approving an Amendment to the Intergovernmental Agreement
regarding the Comprehensive Valley Transportation Plan. Commissioner Richards
seconded the motion. Motion passed 4 to 0 with Commissioners Ittner, Richards,
Owsley, and Newman voting aye and Commissioner Child not present.
LAND USE PUBLIC HEARINGS:
Second Reading and Public Hearing of Ordinance No. 005-2014 - Amending Title 8
of the Pitkin County Code, Specifically the 2006 Land Use Code to Create the
West of Maroon Planning Area Overlay Zone District – MOTION TO APPROVE
Staff: Mike Kraemer, Staff Planner
Action: Commissioner Richards moved to approve the second reading and public
hearing of Ordinance Amending Title 8 of the Pitkin County Code, specifically the 2006
Land Use Code to Create the West of Maroon Planning Area Overlay Zone District.
Commissioner Newman seconded the motion. Motion passed 4 to 0 with
Commissioners Ittner, Richards, Owsley, and Newman voting aye and Commissioner
Child not present.
AND
Second Reading and Public Hearing of Ordinance No. 006-2014 - Rezoning for the
West of Maroon Planning Area Overlay Zone District – MOTION TO APPROVE
Staff: Mike Kraemer, Staff Planner and Cindy Houben, Director of Community
Development
Action: Commissioner Richards moved to approve the second reading and public
hearing of Ordinance Rezoning for the West of Maroon Planning Area Overlay Zone
District. Commissioner Newman seconded the motion. Motion passed 4 to 0 with
Commissioners Ittner, Richards, Owsley, and Newman voting aye and Commissioner
Child not present.
Reading and Public Hearing of Resolution No. 031-2014 - Granting Annual Review
Approval to the Nakagawa Special Review Permit – MOTION TO APPROVE, AS
AMENDED
Staff: Mike Kraemer, Planner
Applicant: Heitor Nakagawa and Jimmy Nakagawa
Action: Commissioner Richards moved to approve the public hearing of the Annual
Review Approval to the Nakagawa Special Review Permit, with the addition of the
following conditions for clarity sake:
No staging of day to day operations on the site
No landscaping material storage or transporting on the site, from the site
Neighbors shall be notified in advance of the seasonal swap -out of equipment
maneuvers.
BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING MARCH 12, 2014
The Board of County Commissioners shall be notified by their staff at the next
scheduled Work Session or Regular Meeting of any violations that staff finds of
these terms and conditions.
NOTE: Commissioner Richards informed the applicant that the owner of this business
has substantial investments already here and that he could lose the ability to operate
the business in the way it was intended if these stipulations and conditions are not lived
up to.
Commissioner Newman seconded the motion. Motion passed 4 to 0 with
Commissioners Ittner, Richards, Owsley and Newman voting aye and Commissioner
Child not present.
Reading and Public Hearing of Resolution No. 032-2014 - Granting Approval for
the Burkholder Investments LTD/Verizon Wireless Special Review for Building
Mounted Cellular Telephone Antennae – MOTION TO APPROVE
Staff: Mike Kraemer, Planner
Applicant: Burkholder Investments LTD/Verizon Wireless
Representative: Brad Johnson, Consultant for Verizon Wireless
Action: Commissioner Newman moved to approve the Resolution Granting Approval
for the Burkholder Investments LTD/Verizon Wireless Special Review for Building
Mounted Cellular Telephone Antennae. Commissioner Owsley seconded the motion.
Motion passed 4 to 0 with Commissioners Ittner, Richards, Owsley and Newman voting
aye and Commissioner Child not present.
LAND USE ACTIONS:
Reading of Resolution Denying the GOVT 33 LLC Extension of Vested Real
Property Rights – MOTION TO CONTINUE TO MAY 14, 2014
Staff: Suzanne Wolff, Senior Planner
Applicant: GOVT 33 LLC
Representative: Mitch Haas
First Action: Commissioner Owsley moved to approve the Extension of Vested Real
Property Rights for GOVT 33, LLC for three years (with the contribution of $106,000.00
towards the Spruce Street improvements). Commissioner Richards seconded the
motion. Motion FAILED 2-2 with Commissioners Richards and Ittner voting aye and
Commissioners Owsley and Newman voting nay and Commissioner Child not present.
Second Action: Commissioner Ittner moved to continue the Reading of Resolution
Denying the GOVT 33 LLC Extension of Vested Real Property Rights for one year.
MOTION FAILED FOR LACK OF A SECOND.
Third Action: Commissioner Ittner moved to continue the Reading of Resolution
Denying the GOVT 33 LLC to April 9, 2014. MOTION FAILED FOR LACK OF A
SECOND.
BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING MARCH 12, 2014
Fourth Action: Commissioner Richards moved to continue the Reading of Resolution
Denying the GOVT 33, LLC to May 14, 2014. Commissioner Ittner seconded the
motion. Motion passed 4 to 0 with Commissioners Ittner, Richards, Owsley and
Newman voting aye and Commissioner Child not present.
BOCC DISCUSSION:
There was no BOCC Discussion held today.
ADJOURNMENT:
Action: Commissioner Newman adjourned the Regular Meeting at 3:45 PM.
Commissioner Richards seconded the motion. Motion passed 4 to 0 with
Commissioners Ittner, Richards, Owsley and Newman voting aye and Commissioner
Child not present.
Respectfully submitted,
AAA ,i11.1k/ / Af ),
Ly -e R Dean
;Clerk o the Board of/Co my Commissioners
'I.�Y v.//l,Ge-.J
Jea -tte Jones
Clerk to the Board of ' ounty Commissioners
Robert A. tuner, Jr.
Chairman of the Board of County Commissioners
Gthocc\min utes\2014\reg\03122014
BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING MARCH 12,2014