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HomeMy WebLinkAboutbocc.min.reg.07242002 PITKIN COUNTY COMMISSIONERS REGULAR MEETING AGENDA WEDNESDAY, JULY 24, 2002 Location—Plaza 1 Conference Room 2:00 PM ADDITIONS/DELETIONS TO AGENDA CONSENT ACTIONS Minutes of June 25 Special Meeting and July 10 Regular Meeting Tri County Child Care MOU, Kate Jangula Board of Equalization Ratification, Jeanette Jones Amendment to the Pitkin County Public Employee's Retirement Plan, Tom Oken CONSENT PUBLIC HEARINGS 2" Reading, Resolution Amending Child Care IGA with Eagle, Pitkin, Garfield, Lake, Summit Counties, Kate Jangula 2"d Reading, Ordinance Accepting the Conveyance of Real Property from R&R Trading, Inc. (to be continued to 8/28), Debbie Quinn ADMINISTRATIVE ACTIONS 1. North-40 Intersection Analysis and Recommendations, Bud Eylar 2. Is`Reading and Set for Public Hearing on August 141h, Ordinance Raising Clerk's Fees, Jeanette Jones (PN 8/4) 3. 151 Reading and Set for Public Hearing on August 14 Resolution Approving an Annexation IGA with the Town of Basalt, Ellen Sassano (PN 8/2) ADMINISTRATIVE PUBLIC HEARINGS 4. Fr Reading, Housing Office IGA with City of Aspen, Brian Pettet 5. 2nd Reading, Public Hearing, Resolution Approving the Service Plan of the Gateway Metropolitan District, Brian McNellis 6. 2"a Reading, Supplemental Budget Appropriation for Carryforward Budgets, Debe Nelson 3:00 PM PUBLIC COMMENT, COMMISSIONER COMMENTS, PROCLAMATIONS Proclamation Recognizing Michael Ferrara, Pitkin County Sheriff s Deputy LAND USE AGENDA CONSENT ACTIONS 1. Duckworth Development Agreement—S. Wolff 2. Spencer 1041 Takings Remediation—B. McNellis CONSENT PUBLIC HEARINGS 3. Bane Tracts 1, 2, 3, 4, 5 Appeal of Hearing Officer Determination, (application withdrawn), (PN 6/22/02)—T. Pregl 4. Hot Springs Ranch Subdivision Exemption and Development Agreement, (PN 6/22/02)—S. Wolff 5. Crystal River Flats/Frei Subdivision Exemption, 1041 Hazard Review and Conceptual Submission, (PN 6/22/02)—B. McNellis 6. Oxenberg Appeal of Hearing Officer Determination, (continued from 6/12/02)—T. Pregl 7. McCloskey Appeal of Hearing Officer Determination, (continued from 6/12/02)—T. Pregl 8. KJAX Special Review, Scenic Review, GMQS Exemption for Commercial Development with Negligible Growth Impacts, (to be continued to_), (PN 6/22/02)—T. Pregl LAND USE PUBLIC HEARINGS 9. Moore Special Review for a Caretaker Dwelling Unit, (continued from 7/10/02)—E. Louthis 10. Uncle Chuck's Glade Rezoning and Buttermilk Master Plan Amendment, 1st Reading, (PN 6/22/02)—S. Wolff 11. Holland Hills Metropolitan District 1041 Hazard Review and Site Selection of Major New Domestic Water System, (PN 6/22/02)—T. Pregl LAND USE ACTIONS BOCC OPEN DISCUSSION ADJOURN APPROVED AUGUST 14, 2002 MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR MEETING JULY 249 2002 NOTE: For all staff memorandums and associated documents, including additional exhibits submitted, refer to BOCC PACKET for July 24,2002 CALL TO ORDER: Chairperson Patti Clapper called the regular meeting of the Board of County Commissioners to order at 2:00 p.m. COMMISSION MEMBERS PRESENT: Commissioners Patti Clapper, Shellie Roy, Dorothea Farris and Jack Hatfield COMMISSION MEMBERS ABSENT: Commissioner Mick Ireland attending other governmental meetings on behalf of the county. ADDITIONS/DELETIONS TO AGENDA: None CONSENT ACTIONS: MINUTES OF JUNE 25,2002 (Erroneously submitted for approval twice) SPECIAL MEETING AND JULY 10,2002 REGULAR MEETING—MOTION TO APPROVE—STAFF PERSON: JEANETTE JONES, DEPUTY COUNTY CLERK MEMORANDUM OF UNDERSTANDING WITH GARFIELD AND EAGLE COUNTIES—MOTION TO APPROVE—STAFF PERSON: KATE JANGULA, SOCIAL SERVICES DIRECTOR RATIFICATION OF HEARING OFFICER'S DETERMINATION FROM BOARD OF EQUALIZATION HEARING HELD ON JULY 119 2002—MOTION TO RATIFY HEARING OFFICER'S DETERMINATIONS—STAFF PERSON: JEANETTE JONES, DEPUTY COUNTY CLERK AMENDMENT TO PITKIN COUNTY PUBLIC EMPLOYEES RETIREMENT PLAN—MOTION TO APPROVE—STAFF PERSON: TOM OKEN, ADMINISTRATIVE SERVICES MANAGER BOARD OF COUNTY COMMISSIONERS 1 REGULAR MEETING JULY 24,2002 Commissioner Hatfield moved approval of the Consent Agenda. Commissioner Farris seconded the motion. Motion passed with four yea votes. Commissioner Ireland absent. CONSENT PUBLIC HEARINGS RESOLUTION APPROVING AN AMENDED AGREEMENT WITH EAGLE, LAKE, GARFIELD AND SUMMIT COUNTIES FOR CHILD CARE PROJECT— MOTION TO APPROVE—STAFF PERSON: KATE JANGULA, SOCIAL SERVICES DIRECTOR SECOND READING —ORDINANCE ACCEPTING THE CONVEYANCE OF REAL PROPERTY FROM R&R TRADING, INC—MOTION TO CONTINUE TO AUGUST 28,2002—STAFF PERSON: DEBBIE QUINN, ASSISTANT COUNTY MANAGER—APPLICANTS: : RAYMOND N. AND CAMILLA S. AUGER Chairperson Clapper opened the hearing to public comment on the above two items. There being no public comment, she closed the public hearing and brought the matter back to the board for action. Commissioner Farris moved approval of the Consent Public Hearing Agenda. Commissioner Hatfield seconded the motion. Motion passed with four yea votes. Commissioner Ireland absent. ADMINISTRATIVE ACTIONS: NORTH FORTY INTERSECTION ANALYSIS AND RECOMMENDATION— MOTION TO APPROVE INTERSECTION LOCATION AND CONTINUE DISCUSSION ON FINANCIAL ASPECTS OF THE PROJECT—STAFF PERSON: BUD EYLAR, COUNTY ENGINEER—APPLICANT: BIDGLE INC (JOHN MCBRIDE Bud Eylar, County Engineer, proceeded with a presentation on this item as outlined in his agenda item summary and memorandum to the Board. Commissioner Hatfield moved to accept the recommendation of the county engineer. Commissioner Farris seconded the motion. A discussion ensued with respect to the funds provided by Bidgle, which were tied to the creation of a new signalized intersection at Front Way and Highway 82, and whether or not those funds could be used on the proposed improvements at Baltic Way or refunded to the applicant. Commissioner Hatfield amended his motion to accept alternative 2,which would add an additional lane to the existing Baltic Avenue intersection. Other than some minor to work reconfigure lanes, no other improvements would be made here or BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING JULY 24,2002 elsewhere within the study area, to retain the funds and to direct staff to do an analysis on the funding. Commissioner Farris amended her second accordingly. Chairperson Clapper entertained public comment on this matter. John McBride, Manager of Bidgle Corporation, said they spent a considerable amount of money to move the intersection, which was a condition mandated by the county on their final plat approval. Additionally,the easement has not been conveyed to the county and it doesn't become the County's until it's used. He said they might abandon it and give it back to the original people. They all believed that this was going to happen and they should pay for it, and it was supposedly going to be a good public benefit. They believed that it was an absolute and was going to happen in a certain time period and at the latest April 2003. He said he thinks the fees should be reimbursed because they spent it strictly because of what the county told them. Chairperson Clapper called the question on the motion. Motion passed with four yea votes. Commissioner Ireland absent. Commissioner Hatfield asked if there was anything in the language of approval relative to the mitigation monies that only tied that money to the new intersection improvements or was it general mitigation for traffic at build-out? John Ely, County Attorney, responded that it is directly related to the improvement of the future intersection at Front Way Road; not general improvements. Bud Eylar questioned that if these funds cannot be touched then who pays for the mitigation for future projects associated with the North 40 Subdivision? Mr. McBride said they would be willing to pay a fair share of future improvements and a proportionate share towards Baltic Avenue. Commissioner Roy motioned that we determine a fair share of the improvements that the county has to make at Baltic Way,take that from the $200,000 and refund the rest to Bidgle. At the time of application for development of the two remaining lots, appropriate mitigation for traffic will be assessed to Bidgle. Motion died for a lack of a second. John Ely said this motion would set up an inability to use these funds at Front Way. Commissioner Hatfield suggested that staff be directed to meet with the applicant and go through some negotiating and finalize what the mitigation would be for Phase 1 of the North 40 as it exists today. And an absolute agreement and understanding that in the language agreed upon that as Lots 1 and 2 are developed, they will have their own mitigation to be determined at that time through the process. He said he has no problem returning the money to Bidgle if in fact, we have a future agreement that is firm that says they will mitigate traffic in the future. BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING JULY 24,2002 After a discussion staff was directed to schedule a work session with the applicant to discuss the issue brought up today. PROCLAMATIONS: RECOGNIZING MICHAEL FARRER FOR PROVIDING LIFE SAVING RESPONSE TO THE VICTIMS OF A CAR ACCIDENT ON HIGHWAY 82. FIRST READING—ORDINANCE ESTABLISHING FEES FOR THE CLERK AND RECORDER'S OFFICE FOR PREPARATION OF COURT ORDERED RECORDS—MOTION TO APPROVE AND SET FOR SECOND READING AND PUBLIC HEARING ON AUGUST 14,2002—STAFF PERSON: JEANETTE JONES,DEPUTY COUNTY CLERK Commissioner Farris moved approval of first reading of the Ordinance and set for second reading and public hearing on August 14,2002. Commissioner Hatfield seconded the motion. Motion passed with four yea votes. Commissioner Ireland absent. FIRST READING—RESOLUTION AUTHORIZING PITKIN COUNTY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE TOWN OF BASALT—MOTION TO APPROVE ON FIRST READING AND SET FOR SECOND READING AND PUBLIC HEARING ON AUGUST 14,2002—STAFF PERSON: ELLEN SASSANO, SENIOR LONG RANGE PLANNER Commissioner Farris moved approval of first reading of the Ordinance and set for second reading and public hearing on August 14,2002 with direction to staff to work with the Town of Basalt on the issues and the language in the intergovernmental agreement as discussed in staffs memorandum. Commissioner Hatfield seconded the motion. A discussion ensued between commission members, representatives from the Town of Basalt and staff with respect to some of the issues associated with the agreement. Staff was directed to work on these additional issues with the Town of Basalt and bring back a revised agreement at second reading. Chairperson Clapper called the question. Motion passed unanimously. SECOND READING - RESOLUTION APPROVING A THIRD AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF ASPEN AND PITKIN COUNTY HOUSING AUTHORITY—MOTION TO APPROVE AS AMENDED AND SET FOR THIRD READING ON AUGUST 14, 2002—STAFF PERSON: BRIAN PETTET, PUBLIC WORKS DIRECTOR BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING JULY 24,2002 5 After a discussion the following amendments were made to the intergovernmental agreement: • The City of Aspen shall cover most of the budget line overhead if the housing projects are in the city. • Housing Guidelines reviewed in their entirety every five years • A three-year term for the Joint Director and a two-year term for Joint Alternate Director • Woody Creek Trailer Project change to Woody Creek Mobile Home Park Commissioner Farris moved approval of second reading, as amended and set for third reading on August 14,2002. Commissioner Hatfield seconded the motion. Motion passed with four yea votes. Commissioner Ireland absent. SECOND READING—RESOLUTION APPROVING THE SERVICE PLAN OF THE GATEWAY METROPOLITAN DISTRICT—MOTION TO APPROVE— STAFF PERSON: BRIAN MCNELLIS—APPLICANT: GATEWAY SUBDIVISION Allen Adger, Counsel for the proposed Gateway Metropolitan District, gave an overview of the proposed service plan for the district. Chairperson Clapper opened the hearing to public comment. Don and Norma Olsen, residents of the Gateway Subdivision, submitted a request to withdraw from the district due to a concern that the outside water users would not have to pay their fair share of the costs associated with the water improvements in the proposed district. Mr. Adger assured the Olsen's that pursuant to state statute, the out of district homeowners would be billed for their proportionate share of the costs associated with upkeep of the improvements. However,they could not incorporate it into the service plan. After a discussion associated with this issue, Mr. and Mrs. Olsen agreed to withdraw their request to withdraw from the proposed district as long as they could be assured that the out of district's users would have to pay their proportionate share of the costs. Chairperson Clapper closed the public hearing and brought the matter back to the Board for action. Commissioner Harper moved approval of second reading of the Resolution approving the Service Plan for the Gateway Metropolitan District. Commissioner Hatfield seconded the motion. Motion passed with four yea votes. Commissioner Ireland absent. BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING JULY 24,2002 SECOND READING—SUPPLEMENTAL BUDGET APPROPRIATION FOR CARRY-FORWARD BUDGETS—MOTION TO CONTINUE TO THIRD READING—STAFF PERSON: DEBE NELSON,FINANCE DIRECTOR After a discussion, it was agreed that this matter be continued to a third reading pending certain department heads being prepared to come and explain their need for the requested carry over projects i.e. new voting equipment, web costs, Woody Creek culvert, Open Space and Trails office furniture, Snowmass Master Plan and communication costs, strategic planning and county wide software acquisition. Commissioner Farris moved to continue this matter to third reading and public hearing on August 14,2002. Commissioner Hatfield seconded the motion directing staff to bring feedback from department heads to the next meeting. Motion passed with four yea votes. Commissioner Ireland absent. PUBLIC COMMENT: COMMISSIONER COMMENTS: Commissioner Harper encouraged the public to support the Ducky Derby. She explained that proceeds will go to various local charities, whose funding had to be cut due to budget shortfalls. LAND USE AGENDA: CONSENT ACTIONS: RESOLUTION APPROVING A DEVELOPMENT AGREEMENT WITH THOMAS J. DUCKWORTH—MOTION TO APPROVE—STAFF PERSON: SUZANNE WOLFF, SENIOR PLANNER—APPLICANT: THOMAS J. DUCKWORTH FINDING A TAKING AND REMEDIATING THE TAKING FOR THE SPENCER 1041 HAZARD REVIEW AND CONCEPTUAL SUBMISSION ON LOT 149 SECTION 36 SUBDIVISION—MOTION TO APPROVE—STAFF PERSON: BRIAN MCNELLIS—APPLICANT: PAUL SPENCER Commissioner Hatfield moved approval of the items on the Consent Actions Agenda. Commissioner Roy seconded the motion. Motion passed with four yea votes. Commissioner Ireland absent. CONSENT PUBLIC HEARINGS: BANE TRACTS 21,2,39 4, AND 5 APPEAL—APPLICATION WITHDRAWN— STAFF PERSON: TAMARA PREGL, PLANNER—APPLICANTS: TIMOTHY H. TURNBALL, ROSAMOND P. TURNBULL, AMY U. TURNBALL,THOMAS M. TURNBALL AND CATHERINE T. BARRON BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING JULY 24,2002 RESOLUTION APPROVING THE HOT SPRINGS RANCH SUBDIVISION EXEMPTION, GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION AND DEVELOPMENT AGREEMENT—MOTION TO APPROVE—STAFF PERSON: SUZANNE WOLFF, SENIOR PLANNER—APPLICANT: PITKIN COUNTY AND THE CONSERVATION FUND RESOLUTION GRANTING APPROVAL OF THE FREI CRYSTAL RIVER FLATS SUBDIVISION AND GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION FOR CREATION OF AN OPEN SPACE PARCEL, 1041 HAZARD REVIEW AND CONCEPTUAL SUBMISSION—MOTION TO APPROVE AS AMENDED—STAFF PERSON: BRIAN MCNELLIS,PLANNER—APPLICANT: ALBERT R. FREI-THIS ITEM WAS PULLED FROM THE CONSENT PUBLIC HEARINGS AGENDA FOR DISCUSSION AND PUBLIC COMMENT RESOLUTION GRANTING THE APPEAL BY ROBERT OXENBERG OF HEARING OFFICER DETERMINATION NO. 47-2001 —PROHIBITING DOGS— MOTION TO APPROVE—STAFF PERSON: TAMARA PREGL, PLANNER— APPLICANT: ROBERT OXENBERG RESOLUTION GRANTING THE APPEAL BY MAUREEN MCCLUSKEY OF HEARING OFFICER DETERMINATION NO. 46-2001 PROHIBITING DOGS— MOTION TO APPROVE—STAFF PERSON: TAMARA PREGL—APPLICANT: MAUREEN MCCLUSKEY KJAX SPECIAL REVIEW, SCENIC OVERLAY REVIEW AND GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION OF COMMERCIAL DEVELOPMENTS WITH NEGLIGIBLE GROWTH IMPACTS AND CHANGES IN USE—MOTION TO CONTINUE TO AUGUST 28,2002—STAFF PERSON: TAMARA PREGL—APPLICANT: ROARING FORK PUBLIC RADIO Commissioner Roy moved approval of the Consent Public Hearings Agenda. Commissioner Farris seconded the motion. Chairperson Clapper opened the hearing to public comment. Tom McBrair said he would like to comment on the Frei application. It was agreed that this application should be pulled from the Consent Public Hearings Agenda. Chairperson Clapper called the question. Motion passed with four yea votes. Commissioner Ireland absent. RESOLUTION GRANTING APPROVAL OF THE FREI CRYSTAL RIVER FLATS SUBDIVISION AND GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION FOR CREATION OF AN OPEN SPACE PARCEL, 1041 HAZARD REVIEW AND CONCEPTUAL SUBMISSION—MOTION TO APPROVE AS AMENDED—STAFF PERSON: BRIAN MCNELLIS,PLANNER—APPLICANT: ALBERT R. FREI BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING JULY 24,2002 Dale Will, Open Space and Trails Director asked that the language in Condition No. 1 that refers to a book and page be amended to read recorded in "reception no." because the Clerk and Recorder is no longer using Book and Page. Secondly to add a sentence at the end of this condition that says "the applicant shall not grant any other access easement allowing motorized use or a use that is otherwise inconsistent with the Pitkin County Trails Regulations under Title 12 of the Pitkin County Code. Commissioner Clapper requested that under Condition 9, F that the Ordinance number be added to the language regarding bear proof trash containers. Commissioner Farris asked staff to come back with legislation addressing dogs in a wildlife area. She suggested language,which says "dogs must be leashed or kenneled", or subject to a first violation substantive fine. Additionally, language that states if a dog is caught chasing wildlife or animals in a wildlife area they can be shot. Commissioner Hatfield requested that the vote of the Planning and Zoning Commission reviews be noted in staffs memorandums. Chairperson Clapper opened the public hearing to comment. Tom McBrair, a resident of Crystal River Country Estates, said that on July 2, 2001, the property owners association held a special meeting to discuss the subdivision and open space proposal for Albert Frei and Mr. Frei was at that meeting. He said during that meeting a task force was created and he was elected to be one of the people on that. He said they support Albert Frei, who is a member in good standing of the property owners association and support, as a group,the open space, which they feel is good for people. However, they are concerned, and it was made clear to Albert Frei, and the realtor who was there that the position of the property owners association was that their bridge, and the roads on the association side of the river on are private property, and they were very concerned about attempts to use that for public access. He said he has personally talked to Dale Will and Kathy Morgan the former Assistant County Attorney, who suggested that they retain legal representation and they have contacted an attorney about that. Their feeling is that the northern border of the property touches national forest and that is already public property. They are very concerned about loss of their privacy and mostly concerned about exposure to liability if someone tries to open up their bridge and roads to the public. He said basically that he is here to get his comments on the public record. Commissioner Farris said this subdivision has made it quite clear that it does not want non-residents using their bridge, which they pay for and maintain and so on. She thinks the county has been clear, in the past with open space,that it is not our intent to use their private bridge for access. Dale Will said just to clarify from the Open Space Board's point of view on this issue, the purchase of property comes with a grant of the same access rights, which the current BOARD OF COUNTY COMMISSIONERS 8 REGULAR MEETING JULY 24,2002 owner has enjoyed, which include the use of that bridge and including an easement across that bridge for access. The question is whether that access easement would include access by the general public as opposed to simply by Pitkin County as the new owner. He thinks it's an open question, but he doesn't really think that it is something that this approval affects one way or the other. Mr. McBrair said this has been discussed that and it is a matter of concession because Albert Frei has paid his association dues and therefore, his portion of the bridge and so on. But when it gets subdivided, the other portion has not. So they feel the access is for what is called"Lot B" and is not an open access to the other parcel because it has not been paid for over the last 30 years like Albert Frei has. Dale Will suggested that if need be, another bridge could be placed parallel to the existing bridge to let pedestrians in and out of there. He said that is not something that is in their current project list or something they will necessarily do, but it will be something that will be identified on the plat that would be approved today. He noted that when the access was originally reserved,to this property, it was reserved for development of up to one unit per one acre on this 75-acre parcel. So the potential burden, to the Crystal River County Estates, on an existing easement across that bridge onto the property being purchased, is for up to 75 homes. So rather than dividing the property into 75 pieces it is being divided into two and that's the end of the road. He said he does not think it is relevant to the approval we have before us. The Open Space Board feels that we acquiring access, at a minimum, for maintenance and stewardship purposes across that bridge. Commissioner Roy asked that a recital be added to the Resolution of approval that by purchase of this property, by the Open Space Board, it basically sterilizes the potential of 75 homes and for that reason, we are making this exempt from GMQS for the public good. Mr. McBair said that rezoning of the property to RS-30 precluded 75 lots on the property. He said if this proceeds, in this form, (claiming to have public access) that the property owner's association is going to request that the commissioners deny this application. Dale Will said that Commissioner Roy's additional recital would simply acknowledge that we have conserved a greater percentage of this property and that our exemption, as a subdivision exemption, is predicated on creating a publicly owned open space parcel. However, he thinks the question, as the exact nature of the access across that bridge, is an open question. He does not think it is affected by this subdivision approval. He stressed that this is something that they can discuss with the homeowners once the deal is closed. Francis Krizmanich, Land Use Planner for Albert Frei, said they gave a 30 feet easement adjacent to the existing bridge. However, this approval doesn't change the situation that Albert Frei has paid into the subdivision homeowners association for years and that sort of thing. But it is irrelevant, because we are giving them a totally separate access that BOARD OF COUNTY COMMISSIONERS 9 REGULAR MEETING JULY 24,2002 /O open space can always use if they are not able to work anything out with the homeowners association. Mr McBair reiterated that they are concerned about public access across their bridge because of the issues of liability and loss of their privacy. Dale Will said the question on the table today is whether to create this subdivision exemption with a 10-acre parcel that would have a development approval on it. He said the issue of the nature of the access is one that will come along with the purchase of some portion of the property. Staff was asked to work with the homeowners association to resolve the bridge issue. John Ely, County Attorney said the issue of access to this bridge is a separate issue than what is being approved today. Chairperson Clapper closed the public hearing on this matter and entertained a motion from the board. Commissioner Farris moved approval of the Resolution as amended. Commissioner Roy seconded the motion. Motion passed with four yea votes. Commissioner Ireland absent. LAND USE PUBLIC HEARINGS: RESOLUTION DENYING SPECIAL REVIEW APPROVAL TO THE MOORE CARETAKER DWELLING UNIT—MOTION TO APPROVE RESOLUTION OF DENIAL—STAFF PERSON: EZRA LOUTHIS,PLANNING TECHNICIAN— APPLICANT: SANDY MOORE Ezra Louthis, staff planner proceeded with a presentation associated with this item and as summarized in the BOCC packet material. He said staff is recommending denial of the Moore Caretaker unit based upon the septic system and compatibility with the neighborhood. Sandy Moore said all he wants to do is begin to make this right out there. He noted that the survey from the Crystal River Caucus says that 50% of the people up there want CDU's. He said he would do what ever it takes to make it right including moving the well. He urged approval of his application in order for him to provide employee housing for a resident of the valley. He encouraged the board to work with him, test his systems, and make him a test case or whatever it would like. He stated that he would do anything to create a beautiful place for someone to live in. Nancy McKenzie, Environmental Health Officer, said she issued a cease and desist order and Mr. Moore has not complied with the requirements of that order as of this point in time. BOARD OF COUNTY COMMISSIONERS 10 REGULAR MEETING JULY 24,2002 Chairperson Clapper opened the hearing to public comment. Commissioner Roy questioned if the existing septic system for the main house would have the capacity to serve the caretaker unit? Ms. McKenzie said that she was unable to locate a permit for any sewage disposal system on the property. Lee Beck, Howard Barns, and Darryl Munsell, all neighbors of Mr. Moore's, voiced opposition to his application due to concerns about access over the bridge and questions about the roads in general in the subdivision. Additionally, they were concerned that if this CDU is approved then there is no reason why everybody else that owns one of the other 60 homes cannot come in for a CDU and they could potentially double the density of their subdivision. They all noted that they already supply employee housing to the workers in the valley due to the size of the homes in the subdivision being small. They further expressed concerns with respect to the long-term pollution of all of their wells. Chairperson Clapper closed the public hearing and brought the matter back to the Board for action. Commissioner Farris said that based on the facts some being the home size issue, the character of the neighborhood,the traffic impact, the septic and well issues, the issue of density the issue of the bridge,the fact that the neighbors already meet employee housing needs and part of that is because the house sizes are small. She thinks the homeowners have expressed their opinions and she does think the carrying capacity is important. She thinks that the fact that the home and the septic are illegal as separate units is illegal she would make a motion to deny. Commissioner Hatfield seconded the motion. Commissioner Roy expressed a concern that there is not going to be enough employee housing, in the future,to serve the needs of the valley. She encouraged everyone to start thinking about this issue. Commissioner Hatfield said he seconded the motion because he believes this is a public health, safety and welfare issue. He believes that it is very clear that this proposed use is not compatible as a land use in the neighborhood. Commissioner Clapper said she has concerns about the septic, the water quality and compounding issues of wells reaching septic systems and vice versus. She said she has been pretty consistent on her support of caretaker dwelling units and she has been very consistent on her position of covenants. If the homeowners have a covenant they need to figure out a way to enforce their own covenants because the county's land use code does allow for this caretaker dwelling unit. BOARD OF COUNTY COMMISSIONERS 11 REGULAR MEETING JULY 24,2002 Commissioner Clapper called the question. Motion failed two to nothing with Commissioners Clapper and Roy voting nay. Commissioner Clapper moved to approve the special review of a caretaker unit. Motion died for a lack of a second. Commissioner Hatfield moved to deny the application. Commissioner Farris seconded the motion. Motion passed with four yea votes. Commissioner Ireland absent. FIRST READING—ORDINANCE REZONING UNCLE CHUCK'S GLADE WITHIN THE BUTTERMILK SKI AREA FROM AFR-10 TO AF-SKI— MOTION TO APPROVE AND SET FOR SECOND READING ON AUGUST 14, 2002—STAFF PERSON: SUZANNE WOLFF, SENIOR PLANNER— APPLICANT: ASPEN SKIING COMPANY Chairperson Clapper opened the hearing to public comment. There being no comment, she closed the public hearing and brought the matter back to the Board for action. Commissioner Farris moved approval of the Resolution. Commissioner Hatfield seconded the motion. Motion passed unanimously. RESOLUTION GRANTING 1041 HAZARD REVIEW AND SITE SELECTION FOR A MAJOR DOMESTIC WATER SYSTEM APPROVAL TO HOLLAND HILLS METROPOLITAN DISTRICT—MOTION TO APPROVE—STAFF PERSON: TAMARA PREGL, PLANNER—APPLICANT: HOLLAND HILLS METROPOLITAN DISTRICT Chairperson Clapper opened the hearing to public comment. There being no comment, she closed the public hearing and brought the matter back to the Board for action. Commissioner Hatfield moved approval of the Resolution. Commissioner Farris seconded the motion. Motion passed unanimously. BOARD OF COUNTY COMMISSIONERS 12 REGULAR MEETING JULY 24,2002 13 spee!cc^t''fully su ted, J et Jones erk to the Board of County Commissioners c —G ay-Clap�er, Chairperson Board of County Commissioners Pcjmj\ww\g\minutes\07242002 BOARD OF COUNTY COMMISSIONERS 13 REGULAR MEETING JULY 24,2002 r� TRZ Asrzx Tlmzs 310 East Main Street, Aspen, Colorado 81611 L n lq /S Y PROOF OF PUBLICATION C /, STATE OF COLORADO } } ss. COUNTY OF PITKIN } 6p pCU91 HHEE NOTIC .AWNG I, Andy Stone/Jena Weatherred do solemnly swear that I F EAae TAKE NoTIM.thartl,e am PUBLISHER of the ASPEN TIMES WEEKLY; that the Commissioners of P ldn Count,.goeb a ty Colorado.will Consider the lofkxrlPg Resotutbn their regular same is a weekly newspaper printed, in whole or in part, and m�IM of tj ROard of county cat,mmisslonera published in the County of PITKIN, State of Colorado and has °°Jalrz+,2A"`oh a:eo P.m as avon.busl. cress allows, In the%ass I kleeting.Room let a general circulation therein; that said newspaper has been s°�e'tCOUrthO1 eu=Building,s3Geaat Main • AaPen,Colorado, whkh tkae and place published continuously and uninterruptedly in said County of heard:all °�°befi Rnhk may aPpera and be Pitkin for a period of more than fifty-two consecutive weeks "-'IN OF THE BOARD Of COUNTY Cob& next prior to the first publication of the annexed legal notice or A"MO11 G AN p"x°" COUNTY, COLORADO, g 'AID RVTERGOYERHfdEN- advertisement; that said newspaper has been admitted to the A D s ,EAGLE ALW LWANG GIONAL CHILD CARE pROGRAM United States mails as second-class matter under the provi- COPlea of the Prapw d u�Availabler y amendments there-of the Act of March 3, 1879 or an dts th for P'bPublic �Inaon d" regWer business ho,¢s In the Ofgce of the Clerk and Reeorder,W of, and that said newspaper is a weekly newspaper duly qual- saw MOOR- eet.Aspen,Colorado 81611. phone if led for publishing legal notices and advertisements within the (g7�820.518R meaning of the laws of the State of Colorado. p Deputy Clerk °®lt"°"" ubWhed m The Aspen Times Weekly P002,(�) y oo July 13, That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said week- ly newspaper for the period of I consecutive insertions; and that the first publication of sal notice was in the issue of said newspaper dated t-'( j (3 A.D.,20 �� , and the last publication of said notice was in the issue of said newspaper dated JL-A�3 l 3*'-A. D. 20 0 . In witness whereof I have hereunto set my hand. Pu firlher Subscribed and sworn to before me, a notary public in and for t County of Pitkin, State of Colorado, this � day of A.D., 20 C>,)- — . (SEAL) (� Notary Public My Commission expires 0 0 1� THE ASPER TIMSS 7_ � y 310 East Main Street,Aspen, Colorado 81611 Apmat 66 y PROOF OF PUBLICATION STATE OF COLORADO } } ss. COUNTY OF PITKIN . PUBi�N0710E Non or t+OBIJC IEAROVO I, Andy Stone/,lenna Weatherred do solemnly swear that I PMASE TAKE" " am PUBLISHER of the ASPEN TIMES WEEKLY; that the consider n4,tOl�t Resolgtlon atahe Board, BB°I8!!9�tta8 0o Wahxsdry,July 24,200E at same is a weekly newspaper printed, in whole or in part, and � 8eoa,e�; due t of published in the County of PITKIN, State of Colorado and has FisEMain Streeqovea .then,Colorado.at whkh tlme a general circulation therein; that said newspaper has been Place e h«ea�Mlotnemhers a the publk may appear published continuously and uninterruptedly in said County of A,esolutio�tithe Board W Comuy C nnrd.skur ers of Plt�in Pitkin for a period of more than fifty-two consecutive weeks County,Cglaa�,aMoving en In- t onto Agree,nen,between The City 01 aha'f+h , Cotudg next prior to the first publication of the annexed legal notice or Copaes a d e proposed Bteolutton are available advertisement; that said newspaper has been admitted to the t, r:in he'Ofq�cmf the�a neeord r';M United States mails as second-class matter under the provi- Brt A4m street,(970)9268157or�7s Aaven.caaado Blsu. Phone ZtAr3r yg sions of the Act of March 3, 1879, or any amendments there- ,eanette,ona of, and that said newspaper is a week) newspaper dul ual- Published in 7y,e y Dtty County Clerk YY q pen Timee,weekend P.ditten, ified for publishing legal notices and advertisements within the °"'"n' 2001 M10 _ meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said week- ly newspaper for the period of—I consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 1v !j L:`L�'A.D.,20 _,and the last publication of said noticq was in the issue of said newspaper dated -1-t 14. (3"A. D. 20 �� . In witness whereof I have hereunto set my hand. Pub her Subscribed and sworn to before me, a notary public in and for th8 County of Pitkin, State of Colorado, this �S day of A.D., 20 Oa_ . (SEAL) Notary Public My Commission expires \0--�-CZ-- 0 To Asrm imps 310 East Main Street, Aspen, Colorado 81611 PROOF OF PUBLICATION STATE OF COLORADO } } ss. COUNTY OF PITKIN } I, Andy Stone/Jenne Weatherred do solemnly swear that I am PUBLISHER of the ASPEN TIMES WEEKLY; .that the same is a weekly newspaper printed, in whole or in part, and published in the County of PITKIN, State of Colorado and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as second-class matter under the provi- sions of the Act of March 3, 1879, or any amendments there- of, and that said newspaper is a weekly newspaper duly qual- ified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said week- ly newspaper for the period of_L consecutive insertions; and that the first publication of said notice was in the Issue of said newspaper dated 4 rc.791 A.D.,20 0-2— and the last publication of said notice was in the issue of said newspaper dated :1"OC 79t A. D. 20 0 2, . In witness whereof I have hereunto set my hand. Publish Subscribed and sworn to before me, a notary public in and for lh�e County of Pitkin, State of Colorado, this day of A.D., 20 01- (SEAL) Notary P6b6p My Commission expires ko -06-oz /OI 2 I e i# E d z Willi F ilj L Z E@- - WIR - WU IL a * 2 wm m wm a a > X J a mw A : V� 'i U 9—� pNoO v a ^2� r� va' LO) C :, o B - >= o- F m� ° - y 9- Y` U C O0 w ' i_ o i6 q$c3 uc9 .3S o W � � poa 'Ga 24- 4zo `o � ei o ° cr off' v .y2 z.- c`ai F3� "ookcc'y ` c o yS7 =�w `qi oa+W 'Om K e�. dVWdO TYT� oVV �+ u L a� B-V opL9 q�d� 5 . 12 ° oV 'o y p g vE� p otaV`" 0. 1� MC � O h ^ iC RO Tlmzs 310 East Main Street, Aspen, Colorado 81611 PROOF OF PUBLICATION STATE OF COLORADO } } ss. COUNTY OF PITKIN } SUPPLFJAWAL APPROPR]ATION TO THE 211os BUDW FOR PMaN COUNTY,COLORADO I, Andy Stone /Jenna Weatherred do solemnly swear that I Notre Is hereby given that a supplemental W propriaUon to the 2002 budget has been submit- am PUBLISHER of the ASPEN TIMES WEEKLY; that the ted to the Pfddn County Board of County Com- same is a weekly newspaper printed, in whole or in part, and enssloners• A PUB1JC WAR[VG bas been sched- uled on Wednesday,July 24,2002 to begin at 2:00 published in the County of PITKIN, State of Colorado and has Pill,wwseams the conduct of business auowa, a general circulation therein; that said newspaper has been at the Pius 1 Meeting Room,fast floor,Court- house Annex Building,53o East Main Street,As- published continuously and uninterruptedly in said County of pen,Colorado,at which time and piece all mem- Pitkin for a period of more than fifty-two consecutive weeks cop d the public may appear pri ti !ward.A copy of thesuppkdevttal appropriation Is Bled next prior to the first publication of the annexed legal notice or with the Pltldn County Finance Office on the sec- advertisement; that said news a er has been admitted to the and Door antra at pe Fiat Maio Steel P P pan,Colorado and is open for for Public Inspection. . United States mails as second-class matter under the provi- Citizens are Invited to mate written or oral cola- meats with regard to the proposed budget either sions of the Act of March 3, 1879, or any amendments there- at the public hearing or by corttaarthi6'1)ebe Nel- of, and that said newspaper is a weekly newspaper duly qual- son,Finance Director,at 92PSM SUNKM OF MWIPOND CHANGES ified for publishing legal notices and advertisements within the Net Expenditures; meaning of the laws of the State of Colorado. Hem Is a summary of the changes In revs cores and expetWitures by fund: General Pond- unrestricted That the annexed legal notice or advertisement was published Gen land di"designateax23t9'888 in the regular and entire issue of every number of said week- kind balance ],a ONS I newspaper for the period of Translator fund 17" YP —� consecutive insertions; Lime T axturnI64,047 and that the first publication of said notice was in the issue of Road&Bridge how 0 -+ Opera Spaee MW 2^6,87S said newspaper dated - i v\u (3F``A.D.,20 � ,and from Authority fund 11,09 the last publication of said�notic was in the issue of said Ubrary&Wb'"�atfund 8 ubrary fund - 96,e12 newspaper dated _'T c1� 13 ",, D. 20 0.s cent Mass,ranaR Saks/- Use Tax fund 1,4NX0 Airport herd 740382 In witness whereof I have hereunto set my hand. Solid Waste Centsr fund 529,572 IET INCREASED EXPENDMAMS Ile fat e�3 BOARD OF COUNTY COMMISSIONERS OF M W1 COUNTY COLORADO - &1&a� By.EWO Kay Clapper,Chairperson Publisher Published to The Aspen Thua'ac July 13,M. �1) Subscribed and sworn to before me, a notary public in and for the County of Pitkin, State of Colorado, this day of _A.D., 20 Off_ . (SEAL) Notary Public My Commission expires t0- -OZ 0 TRZ AVE TIMM a , 310 East Main Street, Aspen, Colorado 81611 �a PROOF OF PUBLICATIONS 7 -2 `l STATE OF COLORADO ) 4 L) } ss. NOTIM COUNTY OF PITKI N } xg BASE TRACn B.2 a 4.AM s APPEAL OF HEAEra OPPICPA DETERMWATION (Muoa, Pp"Z P03M 602 JkPOM'Yf Nam 13 MjY 03LIVEN that.a;WA.bmting behaNm tVedoeeMT.Juy 34 .a�>tff I, Andy Stone/Jenne Weafherred wW do solemnly swear that I Ube, �,,,,,E„�snsnr>..,,00,n� am PUBLISHER of the ASPEN TIMES WEEKLY; that the eter as the eaauet of bapr.e aaa.a,bane the Bond aJ CM*ComlNWoose•Plan One same is a weekly newspaper printed, In whole or in part, and Ca"Iamea lldon•33D 661ab St.Aspen to tar ddw a. mb=M Limn Han, published in the County of PITKIN, State of Colorado and has oPPa.we a caa 0=01 a 16M oel�b;;w a general circulation therein; that said newspaper has been ;° �of� P`b°p ",P published continuous) and uninterruptedly in said Count of a+de The PeePe'tlee are ides, to m Done P Y P Y Y ataete J.2,8.4.and 3 and to Anddbed o avaet Pitkin for a period of more than fifty-two consecutive weeks a bad greeted In,teoaow A 3%31 atd 32. next prior to the first publication of the annexed legal notice or �pew h a�makitim�a.��P.M. De advertisement; that said newspaper has been admitted to the Be 1aa"°`Ben°dtec3D S.Gd-R.,As e n CO pettaent,Cnr Jtep tto S.caena x,A.Pm m United States mails as second-class matter under the provi- em'Iotmec hkwrzu on.canted Tke o a Prea a sions of the Act of March 3, 1879,,or any amendments there- (970' 'w eft Jwez,Deputyc�acw of, and that said newspaper is a weekly newspaper duly qual- Bow of cmatycomm:aaee,, Poblbhed u,The Aven 71aea an Jane 22,2M. ified for publishing legal notices and advertisements within the (M) meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published In the regular and entire Issue of every number of said week- ly newspaper for the period of 1_ consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 7YLA nG 7-2-- A.D.,20 0 Z, and the last publication of said notice was in the issue of said newspaper dated A. D. 20 02- In witness whereof I have hereunto set my hand. - r--) ublisher Subscribed and sworn to before me, a notary public in and for j_hq County of Pitkin, State of Colorado, this 4Lt_ day of A.D., 20 OZ . (SEAL) It ,,, y ew Notary P&is My Commission expires La b� off_ To Asms T:mzs a �9 310 East Main Street,Aspen, Colorado 81611 PROOF OF PUBLICATION STATE OF COLORADO } ss. COUNTY OF PITKIN } Puln,cno„cE RL Nor sPEuirs xAncx stieolvtseon flffMP- non AlA1 oevannn+ENwT A +1I7 O'rlCe 6 fER®Y CdYP.fi tht•puWk Iea.rbY 1, Andy Stone/Jena Weatherrec do solemnly swear that I MYbehddonWedoSed$.wAM am PUBLISHER of the ASPEN TIMES WEEKLY; that the uler o:t belder7dIBPlA0&= dl 111" o the rneauee d dweeu aoow°.nefert same Is a week) newspaper rint d, In whole or in art, and Yprinted, P �Odgm�x Room.530 E Wb St:,MPm W cat published in the County of PITKIN. State of Colorado and has •Ider.h°vq °d c°°"' �„�.m nrb,m miENNde th.eormer a general circulation )herein; that said newspaper has been ceenwwPOP=4 tm ewe PmuBe m ublished continuous) and uninterruptedly in said Count of as.oeWe bu,.t patta1ffl �emNucrml- P Y P Y Y �dw ootw+whW mid a 1SS 7.' eomm- Pitkin for a period of more than fift -two consecutive weeks V a'.L eAd n 'P° d cm ° u "e° P Y e0aemm,t eebeed to heeet re on uw es,acre next prior to the first publication of the annexed legal notice or e� Tee woP'9 1e Aw*°d ON of "WrIa 193 a W b dWrOMd"h4N.°.porlbn of the advertisement; that said newspaper has been admitted to the Elr75Wl/4 of Eenlm U TboeddP 9 sous,, United States mails as second-cl ss matter under the rovi- R°"R°Se°nd xW°WSW 10 d lob P.e a 8 P wM f t ewn�.'revmehk o wo Rmwe EE Nbe d the&h P2r.71m W�� sions of the Act of March 3, 1879,nor any amendments there- °m"�,,,pubEe b me c«e. of, and that said newspaper is a weekly newspaper duly qual- °^ y DW&VUWA Dum64p a4 HA'190 &c.kne 9t,ANm C08101L filed for publishing legal notices and advertisements within the Per furtlK htlmmtlb0.emhet ° meaning of the laws of the State of Colorado. z e ,umw+c.-a o-'k Board of cmmer COMMW� - Pobllehed In The Mpm Tber oo J"22,2M. That the annexed legal notice or advertisement was published t in the regular and entire Issue of every number of said week- ly newspaper for the period of_ I consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated U N Z A.D.,20 04 ,and the last publication of said notice was in the issue of said newspaper dated '37�Avv_ Z-2- A. D. 20 O 2- In witness whereof I have hereunto set my hand. f5uHisfier Subscribed and sworn to before me, a notary public in and for the- `County of Pitkin, State of Colorado, this � day of -ZAP,A.D., 20 S0-2- . (SEAL) per �Nloottaryry P is My Commission expires V) -4 Z, �� SPANTins . � 310 East Main Street, Aspen, Colorado 81611 O PROOF OF PUBLICATION STATE OF COLORADO ) as. COUNTY OF PITKIN } POBt1C NOTICE RE:MtWCRYSSAL-RIVER FLATS SUBDIVISION ER y, EMPTION @ OMQS RuWnON FOR CREATION OF AN OPEN SPACE PARCEL(PO4") I, Andy Stone /Jenna Weatherrect do solemnly swear that I NOTICE L5 HEREBY GIVEN that a Image hearing will be held on Wedoesday.July 24,2002 at reg- am PUBLISHER of the ASPEN TIMES WEEKLY; that the ular meeting to begin at 3:00.PM or as soon them after ae the c .dW of business allo va,before same is a weekly newspaper printed, in whole or in part, and the Board of County CommhemRn,Pleura One Conlanareh Room,530 E.Main St..Aspen to con, published in the County of PITKIN, State of Colorado and has eider an application submitted by Al Prei,for Sub: a newspaper eneral circulation therein; that saidhas been division and G1QS Exemption to divide a 77 acre gparcel Into fam parcels of 10 saes and 67 acres. published continuously and uninterruptedly in said County of � 5`� l` ; to rty aWTrai .Tl Pitkin for a period of more than fifty-two consecutive weeks located adlaceat to the Crystal River Subdb,lalon and is described as being a portion of.the next prior to the first publication of the annexed legal notice or El/24E1/4 of Section 9,Town hip 9 South,Range 88 West,of the 6th P.M.The appiication/resolu- advertisement; that said newspaper has been admitted to the non are available for while inspection in the United States mails as second-class matter under the provi- ommuntyiaDevefome t Deppartment,City Hall, sions of the Act of March 3, 1879, or any amendments there- For further Information.cotdact Brlaa McNellis at (970)9205092. of, and that said newspaper is a weekly newspaper duly qual- Jeanette lures,Deputy County Clerk oners ified for publishing legal notices and advertisements within the Published in The Mepeen Times Countyrd of m�zz,2002. meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire Issue of pvery number of said week- ly newspaper for the period of I consecutive Insertions; and that the first publication of said notice was in the issue of said newspaper dated ,Tutu-Lt A.D.,20 U 2. and the last publication pj, said notice was in the Issue of said newspaper dated O4 re z2 A. D. 20 UZ In witness whereof I have hereunto set my hand. � P Isher Subscribed and sworn to before me, a notary public in and for f_he County of Pitkin, State of Cplorado, this Z\-k day of A 4V__ A.D., 20 0 . (SEAL) /, 9 Notary P c My Commission expires `��Z 7- C9 TRZ Arm TIMS ICA C I 310 East Main Street, Aspen, Colorado 81611 PROOF OF PUBLICATION STATE OF COLORADO } ) ss. COUNTY OF PITKINPUBUC} I, Andy Stone/Jenna Weatherred do solemnly swear that I nm,CE,IS saa ro TM ar,OM am PUBLISHER of the ASPEN TIMES WEEKLY; that the PL"X,That on Aft24.2MtMBGWofCoon. ty Conmwtoom w PBtm County. cWoneh same is a weekly newspaper printed, in whole or in part, and adopted� .13 published in the County of PITKIN, State of Colorado and has ,na;Oz r« == spsen Patent.red harms*e Iew And onncogAud a general circulation therein; that said newspaper has been wnnaaalon.The wc7ire prop"b doscrittatu published continuously and uninterruptedly in said County of ;a"Sww""ZI=11=11=m Pitkin for a period of more than fifty-two consecutive weeks s" w mow. a�wu.d a Sun apeNk ae�tilaMn.ne'0W r 4duaW a veatod next prior to the first publication of the annexed legal notice or SWOP"40r Punnowl to We 24,�a, advertisement; that said newspaper has been admitted to the United States mails as second-class matter under the rovi- Dm tyCounty Clmt P PuWNh1 'wllie Aspen non on A� 03. sions of the Act of March 3, 1879, or any amendments there- zare.(9 44) of, and that said newspaper is a weekly newspaper duly qual- ified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said week- ly newspaper for the period of consecutive insertions; and that the first publi ion of said notice was in the issue of said newspaper date c, A.D.,20 0a ,and the last publication of said- tice was in the issue of said newspaper dated A. D. 20 0, 0 In witness whereof I have hereunto set my hand. P6611sher Subscribed and sworn to before me, a notary public in and for the County of Pitkin, State of Colorado, this S'_ day of A.D., 20 A0. . (SEAL) Notary Public My Commission expires TO ASPIN TIMM 310 East Main Street, Aspen, Colorado 81611 PROOF OF PUBLICATION PH _ .7 -2V- oz STATE OF COLORADO ) I'm Q 4 ) ss. PUBLIC NOTICE COUNTY OF PITKIN } REKAIXRAMSPECIALREVIEWSCENICOVER- LAY REVIEW AND OMOS EXEMPTION FOR COW MERCOL DEVELOPMENT WITH NEGIJGIRIB. GROVITH IMPACTS I, Andy Stone/Jenna Weatherred do solemnly swear that I NNauCCE Is REBEBY crveN that a Public hearing am PUBLISHER of the ASPEN TIMES WEEKLY; that the will be held onNedreaday,Jody 2+;2002.atareg- ular meeting to begin at 3:00 PM or as soon there same is a weekly newspaper printed, in whole or in part, and after as the conduct of business wows,before published in the County of PITKIN; State of Colorado and has ���� � One conf en E. o se� o con, a general circulation therein; that said newspaper has been alder an application submitted by Thomas Eh- published continuously and uninterruptedly in said County of man,for the existing radio tranamieelon site In rated on Smuggler Mountain.Temporary use was Pitkin for a period of more than fifty-two consecutive weeks panted to the site In IgN pursuant to limitation next prior to the first publication of the annexed legal notice or 6atl 1.The applicant,his estimatingthemissing in"oiler for new structure to house the existing operating advertisement; that said newspaper has been admitted to the equipment required for the tower. In a"110n, United States mails as second-class matter under the rove- tioapp6eug mo co4 re on te. heo.ratio p "tbealterrlers to collocate on the age.The prop sions of the Act of March 3, 1879, or any amendments there- erty is located on Smuggler Mountain and M de- scribed as a portion of land In the SEI/A of the of, and that said newspaper is a weekly newspaper duly quai- NEI/,w Section 7,Township 10 South,Range s+ ified for publishing legal notices and advertisements within the West of the 6th P.M.The application/resolution are available for.public Inspection In the Com meaning of the laws of the State of Colorado. munity Deeelopment DepartmeaL city(fall, 130, S.Galena St.,Aspen CO 81611.. For further information,contact Tamara Pmgl at That the annexed legal notice or advertisement was published (970)621)d109. In the regular and entire Issue of eve number of said week- Jeanette Jones,Deputy CoumyCiark g every Board o1 County Commissurners ly newspaper for the period of It consecutive Insertions; Published In The Aspen Times on June 22,2002. and that the first publication of said notice was in the Issue of (8900) said newspaper dated ; L4✓ - ZIL A.D.,20 0 2- , and the last publication of said notice was in the issue of said newspaper dated aAne- U- A. D. 20 07- In witness whereof I have hereunto set my hand. ublishe Subscribed and sworn to before me, a notary public In and for the County of Pitkin, State of Colorado, this day of 01'r- A.D., 20 00- /Q(SEAL) Notary P&l1c My Commission expires lA�66a� THE ASPEN T:mzs 9 o/x 310 East Main Street,Aspen, Colorado 81611 a� PROOF OF PUBLICATION 7-zy - 62- /_ UPS STATE OF COLORADO } PUBLIC NOTICE } ss. RE, UNCLE CHICK'S GLADE W TEBMILK SIG AREA)RPZONg'10(P78.00) COUNTY OF PITKIN } NOTICE HEREBY ONEN that a public besrkrg will be held on wednesdaY.J*21.2009.M.a tsg- else meeting to begin M 100 PM or as soon there- after u the conduct of business Miows,below I, And Stone/Jenna Weatherred do solemnly swear that I the Board of County Cmmnbsbnera,Plan One y Y Conference Room,530 E.Maio St.,Aspen to cow am PUBLISHER of the ASPEN TIMES WEEKLY; that the sidse an spp eatbn submitted by the Aspen Sib WE Compaor fa resonkng d an approximately 7 same Is a weekly newspaper.printed, in whole or in part, and Acre area ,lUm,the Buttermilk Sid arcs thM bro fend tows Grele Chuck's Glade been AM10 to published In the County of PITKIN, State of Colorado and has APSE] In order to Improve IntermedlMe skiing a general circulation therein; that said newspaper has been and to sepM^J^mberived1ate skier"from begin, me.skies M Homestead Road.The ski ere"Is Iw published continuously and uninterruptedly in said County of °My01Asp , ndUnclefhunk's'eaweMwtne City d A"put;mth side i e 1 High .sleds b to f the Pitkin for a period of more than fifty-two consecutive weeks oil at rlmeoteed lined uM connect,mto the Js cobs ladder aM tn0. The Wilestbajrcsobstion next prior to the first publication of the annexed legal notice or en,erasable for public tespOctmu In the Cam` munity Development Department,City Hall, 130 advertisement; that said newspaper has been admitted to the S.Gelerm SE,Asp.CO 81611. United States malls as second-class matter under the provi- Pe(970))920 lnlnrm.b",cant•°tsmaMewnw at u"g13. sions of the Act of March 3, 1879„or any amendments there- ""'a`;` o�"c m�a,`„IllemClerk of, and that said newspaper is a weekly newspaper duly qual- Published In The Aspen Time"on Jmre 22,hogs. ified for publishing legal notices and advertisements within the ass meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published In the regular and entire Issue of every number of said week- ly newspaper for the period of_L consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated T14 ro.2-Z A.D.,20 O 2 and the last publication �2L said notice was in the Issue of said newspaper dated Ll Z L A. D. 20 (nL . In witness whereof I have hereunto set my hand. ,S (L Publisher Subscribed and sworn to before me, a notary public in and for the County of Pitkin, State of Colorado, this _2,� day of �QOe A.D., 20 Q:Z .. (SEAL) ( CJNotary PlU61ic My Commission expires THE ASPEN T:mzs 310 East Main Street,Aspen, Colorado 81611 � PROOF OF PUBLICATION STATE OF COLORADO } ss. COUNTY OF PITKIN } PUBLIC NOTICE RE, HOLIANO HILLS METROPOLITAN DISTRICT nonce(PO )I �HEREBY GIVEN that a vPak na.rmg I, Andy Stone /Jena Weatherred do solemnly swear that I IN be held bit wedneday,Jaly 24,2002,of a reg ular meeting to begin a 3:00 PM or as soon there am PUBLISHER of the ASPEN TIMES WEEKLY; .that the .nee as the<..duct of bualeeas .nmrs,before the Board of Comky Comntlrbaera,Plana One same is a weekly newspaper printed, In whole or in part, and Confe ee<e Room•s3o E.Mam Ss.,Moen to<on aMe an eppkadon Wbmnted by Holland Hips published In the County of PITKIN, State of Colorado and has Ma iopolnan Iwtn<t to<onaUWI w.er ator- a general circulation therein; that said newspaper has been `s`t`°h` thexwredlRuas�wwon.The gProperty le locazed od Burcau d Isnd published continuously continuously and uninterruptedly in said County of m 11,e'�';�I25 Wer;t in heH-1 Pitkin for a period of more than fifty-two consecutive weeks Wn1 HINS Metropolitan DArh t Smi ons Id 9 2L Township g South,Range 86 Wean,of the 6th P.M. next prior to the first publication of the annexed legal notice or The appheadon,resotut on,are available for Pub advertisement; that said newspaper has been admitted to the partmeM,City Hall, 130 S.Gelene�8l1,ASPen ent o United States mails as second-class matter under the provi- 11. For further hdeenaden,ewrteet Temer,Pregl at sions of the Act of March 3, 1879, or any amendments there- t970J9T I k, tee junta,Deputy County Clark of, and that said newspaper is a weekly newspaper duly qual- Bow of countycomnd"Inear, Published in The Aspen Times on Jun!22.2002. ified for publishing legal notices and advertisements within the (8eo6) meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said week- ly newspaper for the period of t consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 7—?- A.D.,20 02 , and the last publication of said notice was in the issue of said newspaper dated TLAn& ZZ A. D. 20 OZ In witness whereof I have hereunto set my hand. Publi r Subscribed and sworn to before me, a notary public in and for Us County of Pitkin, State of Colorado, this 2q_ day of J A.D., 20 _ . (SEAL) Notary PWic My Commission expires to -06 -t L To Asrss TIMS ' 7 310 East Main Street,Aspen, Colorado 81611 1V&4,L4,* 0 /1/icts EGG ,tf//-A PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF PITKIN } ss. I, Andy Stone/Jenna Weathemed do solemnly swear that I am PUBLISHER of the ASPEN TIMES WEEKLY; that the norrc� o ,+ram" " same is a weekly newspaper printed, in whole or in part, and eueuc TW=J'*K2M ub saam of Co published in the County of PITKIN, State of Colorado and has "ty 'MM �"w ad a general circulation therein; that said newspaper has been � "°"`°`"°`"°`o""y°"da published continuously and uninterruptedly in said County of d �ttu°*' win m Pitkin for a period of more than fifty-two consecutive weeks P"vW w. At Vedk d„b��� next prior to the first publication of the annexed legal notice or =A R nw.er "�""� W""` zo.Naa.a,qa advertisement; that said newspaper has been admitted to the United States mails as second-class matter under the provi- The 4-- sions of the Act of March 3, 1879, or any amendments there- of, and that said newspaper is a weekly newspaper duly qual- ified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said week- ly newspaper for the period of� consecutive insertions; and that the first public ion of said notice was in the issue of said newspaper dated t. !c A.D.,20�_ ,and tion of saidyndtic the last publication was in the issue of said newspaper dated A. D. 20 C);�4_ _ . In witness whereof I hive hereunto set my hand. J Publis er Subscribed and sworn to before me, a notary public in and for the County of Pitkin, State of Colorado, this 5'_ day of A.D., 20 _ , (SEAL) 9 Notary Public My Commission expires