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Home My WebLink Aboutbocc.min.reg.07092014 PITKIN COUNTY COMMISSIONERS REGULAR MEETING AGENDA Plaza 1 Meeting Room WEDNESDAY,JULY 9, 2014 12:00 NOON ADDITIONS/DELETIONS TO AGENDA PUBLIC COMMENT, COMMISSIONER COMMENTS CONSENT ACTIONS. 1. Work Session Minutes of May 6, May 20, June 17. and June 24; Special Meeting Minutes of June 18th and Regular Meeting Minutes of June 25 CONFIRMATORY READING 2. Emergency Ordinance Establishing a Temporary•Moratorium Prohibiting the Issuance of Any and All Permits that would Allow for Structures that Would Violate the Use and Dimension Restrictions of the Rural and Remote Zone District, Jahn Ely (to be continued to July 23) CONSENT ACTIONS- 1st Readings, Set for Public Hearing on July 23 3. Resolution Authorizing the Expenditure of Funds Generated Through the Renewable Energy Mitigation Program, Jason Haber, Cindy Houben . 4. Ordinance Authorizing a Settlement Agreement in Connection with Cd Holdings,.LLC, El Al:Case No. 14CV30028 and the Conveyance of Property to C1) Holdings, LLC, John Ely CONSENT PUBLIC HEARINGS —2"a Reading • 5. Ordinance Authorizing A 40-Year Old Ground Lease of Lands Underlying the Hunter Longhouse Condominium Project, John Ely 6. Ordinance Repealing Resolution # 062-2012 and Adopting Medical Marijuana Licensing Regulations into the Pitkin County Code, Section 6.49, John Ely 7. Ordinance Authorizing Acquisition of the Wheatley Property, Dale Will and Matt Adeletti 8. Resolution Approving the Acceptance of CDOT Division of Aeronautics Grant Agreement—Airport Management Intern, Brian Grefe 9. Application for a Conversion.of a Medical Marijuana License to a Retail Marijuana Cultivation Facility License, Jeanette Jones (continued to July 23 al the request of staff and the applicant ) CONFIRMATORY READING 10. Emergency Ordinance Authorizing the Third Amendment to the Communications Use Lease for Elephant Mountain and the Execution of a Plan of Operations for Modifications to the Site and Rebuilding of the Powerline, Jodi Smith LAND USE PUBLIC HEARINGS 1. American Tower Corporation Woody Creek/Elam Special Review for a Cellular Facility, (Continued from 6/11/14), PH (PN 6/25/14), L. Clarke 2. American Tower Corporation Highway 82/Snowmass Canyon Special Review for a Cellular Facility, (Continued From 6/11/14), PH (PN 6/25/14), L. Clarke LAND USE ACTIONS 3. Land Use Code Amendments-Various, 1" Reading, S. Wolff 4. Gardner-Takings Determination, (Continued from 6/25/14), M. Kraemer(Continued to 7/23) 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 July 9, 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. Given under hand and official seal this 5th day of August, 2014. LiA Seal 'ty Copt Jean tte Jones, Deputy ounty Clerk `p�+'+, Clerk to the Board of unty Commissioners s � 1 SEAL , • APPROVED JULY 23, 2014 MINUTES BOARD OF COUNTY COMMISSIONERS REGULAR MEETING JULY 9, 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 meeting minutes and final documents 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 lttner, Steve Child, Rachel Richards, Michael Owsley, and George Newman COMMISSION MEMBERS ABSENT: None ADDITIONS/DELETIONS TO THE AGENDA: PUBLIC COMMENT: John Miller appeared before the board to discuss issues associated with his property on the back of Little Annie Mountain. Mr. Miller was advised that the chair and the county manager would be willing to meet with him to discuss this matter. COMMISSIONER COMMENTS: Commissioner Child commented that the Snowmass Capitol Creek picnic is scheduled to be held on July 12th. Commissioner Richards BOARD OF COUNTY COMMISSIONER 1 REGULAR MEETING JULY 9,2014 commented that she will be in New Orleans with the National Organization of Counties. She gave a brief update on the budget. CONSENT ACTIONS — FIRST READINGS, SET FOR PUBLIC HEARING ON JULY 23, 2014 Minutes of the Board of County Commissioners' Work Session Meetings of May 6, May, 20, June 17 and June 24, 2014; Special Meeting Minutes of June 18, 2014 and Regular Meeting Minutes of June 25, 2014 — Motion to Approve as Written Staff: Jeanette Jones, Clerk to the Board of County Commissioners Action: Commissioner Newman moved approval of the minutes as written. Commissioner Richards seconded the motion. Motion passed unanimously. Emergency Ordinance Establishing a Temporary Moratorium Prohibiting the Issuance of any and all Permits that would allow for Structures that would violate the Use and Dimension Restrictions of the rural and Remote Zone District — Motion to Continue to July 23, 2014. Commissioner Child move to continue this matter to July 23, 2014. Commissioner Richards seconded the motion. Motion passed with five yea votes. First Reading - Resolution Authorizing the Expenditure of Funds Generated through the Renewable Energy Mitigation Program for Hunter Creek Condominiums — Motion to Approve on First Reading and Set for Second Reading on July 23, 2014 Staff Person: Cindy Houben, Director, Community Planning and Development Commissioner Richards recused herself from participating in this matter due to the fact that she lives in close proximity of the Hunter Creek Complex. Action: Commissioner Newman moved approve first reading of the Resolution as written and set for second reading and public hearing on July 23, 2014. Commissioner Child seconded the motion. Motion passed with four yea votes with Commissioner Richards recusing herself from participating on this matter. First Reading - Resolution Authorizing the Expenditure of Funds Generated through the Renewable Energy Mitigation Program — Motion to Approve on First Reading and Set for Second Reading on July 23, 2014 Staff Person: Cindy Houben, Director, Community Planning and Development Action: Commissioner Richards moved approval of first reading of the Resolution and set for second reading on July 23, with an amendment to increase the amount of the BOARD OF COUNTY COMMISSIONER 2 REGULAR MEETING JULY 9,2014 funding for Rocky Mountain Institute to $20,000. Commissioner Child seconded the motion. Motion passed with four yea votes by Commissioners Richards, lttner and Newman and one nay vote by Commissioner Owsley. First Reading — Ordinance Authorizing a Settlement Agreement in Connection with CD Holdings, LLC, Et Al. Case No. 14CV30028 and the Conveyance of Property to CD Holdings — Motion to Approve as Written and set for Second Reading and Public Hearing on July 23, 2014 Staff Person: John Ely, County Attorney Action: Commissioner Richards moved approval of the Ordinance on first reading and set for second reading and public hearing on July 23. 2014. Commissioner Newman seconded the motion. Motion passed with five yea votes. CONSENT PUBLIC HEARINGS — SECOND READINGS Second Reading — Ordinance No. 023-2014 - Authorizing a 40-Year Old Ground Lease of Lands Underlying the Hunter Longhouse Condominium Project — Motion to Approve as Written Commissioner Richards recused herself from participating in this matter due to the fact that she lives in close proximity to the Hunter Longhouse Condominium Project. Action: Commissioner Child moved approval of the Ordinance as written. Commissioner Newman seconded the motion. Motion passed with four yea votes. Commissioner Richards recused herself. Second Reading — Ordinance No. 026-2014 - Amending Sections 6.48.050; 6.48.070(A)(10) and 6.48.100 (G) of the Pitkin County Retail Marijuana Licensing Regulations and Adding Section 6.48.100(M) to the Pitkin County Retail Marijuana Licensing Regulations Section of the Pitkin County Code — Motion to Approve as Written Staff Person: John Ely, County Attorney Action: Commissioner Richards moved approval of the Ordinance as written. Commissioner Child seconded the motion. Motion passed with five yea votes. Second Reading — Ordinance No. 024-2014 - Repealing Resolution No. 062-2012 and Adopting Medical marijuana Licensing Regulations into the Pitkin County Code, Section 6.49 — Motion to Approve as Written Staff Person: John Ely, County Attorney BOARD OF COUNTY COMMISSIONER 3 REGULAR MEETING JULY 9,2014 Direction: Commissioner Child suggested that there be further discussion on allowing medical establishments to sell medical paraphernalia as part of their operation, including possibly sending letters out to owners asking what their needs are to offer other products associated with medical marijuana sales. Action: Commissioner Richards moved approval of the Ordinance as written. Commissioner Child seconded the motion. Motion passed with five yea votes. Second Reading — Ordinance No. 025-2014 - Authorizing Acquisition of the Wheatley Property — Motion to Approve as Written Staff Person: Dale Will, Open Space and Trails Director, Matthew F. Adeletti, Open Space and Trails Acquisition Manager Action: Commissioner Newman moved approval of the Ordinance as written. Commissioner Richards seconded the motion. Motion passed with five yea votes. Second Reading — Resolution No. 074-2014 - Accepting a Grant Offer from the Colorado Department of Transportation Colorado Aeronautical Board, Division of Aeronautics to Assist in the Funding of an Airport Management Internship at the Aspen/Pitkin County Airport - Motion to Approve as Written Action: Commissioner Richards moved approval of the Resolution as written. Commissioner Child seconded the motion. Motion passed with five yea votes. Application for a Conversion of a Medical Marijuana License to a Retail Marijuana Cultivation Facility License — Motion to Continue to July 23, 2014 Staff Person: Jeanette Jones, Deputy County Clerk Action: Commissioner Child moved to continue this item to July 23, 2014. Commissioner Richards seconded the motion. Motion passed with five yea votes. CONFIRMATORY READING AND PUBLIC HEARING: Emergency Ordinance No. 022-2014 - Authorizing the Third Amendment to the Communications Use Lease for Elephant Mountain and the Execution of a Plan of Operations for Modifications to the Site and Rebuilding of the Power Line — Motion to Approve as Written Staff Person: Jodi Smith, Facilities Superintendent Action: Commissioner Richards moved approval of confirmatory public reading on the Emergency Ordinance as written. Commissioner Child seconded the motion. Motion passed with five yea votes. BOARD OF COUNTY COMMISSIONER 4 REGULAR MEETING JULY 9,2014 LAND USE PUBLIC HEARINGS: Resolution No 075-2014 - Granting Approval for the American Tower Corporation Special Review for a Wireless Communications Facility at the Elam Gravel Pit in Woody Creek — Motion to Approve as Written Staff Person: Lance Clarke, Assistant Community Development Director Action: Commissioner Richards moved approval of the Resolution as written. Commissioner Newman seconded the motion. Motion passed with five yea votes. Resolution No. 076-2014 - Granting Approval for the American Tower Corporation Special Review for a Wireless Communications Facility in Snowmass Canyon— Motion to Approve as Written Staff Person: Lance Clarke, Assistant Community Development Director Action: Commissioner Richards moved approval of the Resolution as written with two bases; a second tower would require an additional review. Commissioner Child seconded the motion. Motion passed with five yea votes. OPEN DISCUSSION A discussion ensued with respect to an advertisement of a Special Event to be held at Chaparral Ranch on July 16th. It was the opinion of the county attorney that a special event liquor permit would not be required, but the applicants would have to comply with the regulations for a special event permit through the community development department. Commissioners agreed that they want to visit the issue of large special event permits in a future forum. LAND USE ACTIONS: First Reading — Ordinance Amending Title 8 of the Pitkin County Code, the 2006 Land Use Code, for Various Land Use Code Amendments to Clarify Language — Motion to Approve on First Reading and Set for Second Reading and Public Hearing on July 23, 2014 Staff Planner: Suzanne Wolff, Senior Planner Direction: Staff was asked to schedule a discussion with the Planning and Zoning Commission specifically that constrained sites cannot be TDR receiving sites. Commissioner Richards moved to approve the Ordinance on first reading and set for second reading and public hearing on July 23, 2014. Commissioner Child seconded the motion. Motion passed with five yea votes. Gardner Takings Determination — Motion to Continue to July 23, 2014 BOARD OF COUNTY COMMISSIONER 5 REGULAR MEETING JULY 9,2014 Staff Person: Mike Kraemer Action: Commissioner Richards move to continue this matter to July 23, 2014. Commissioner Newman seconded the motion. Motion passed unanimously. BOCC OPEN DISCUSSION: ADJOURNMENT: Commissioner Child moved to adjourn the regular meeting at 4:17 p.m. Commissioner Richards seconded the motion. Motion passed with five yea votes. Respectfully submitted, BOARD OF COUNTY COMMISSIONER 6 REGULAR MEETING JULY 9,2014 Jeanette Jones Clerk to the Board of County Commissioners Robert A. lttner, Jr. Chairman of the Board of County Commissioners BOARD OF COUNTY COMMISSIONER 7 REGULAR MEETING JULY 9,2014 Jean e Jones Cler o the Board of ounty Commissioners 1 � � Robert A. Ittner, Jr. Chairman of the Board of County Commissioners BOARD OF COUNTY COMMISSIONER 7 REGULAR MEETING JULY 9,2014