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HomeMy WebLinkAboutbocc.min.reg.07102002 PITKIN COUNTY COMMISSIONERS REGULAR MEETING AGENDA WEDNESDAY,JULY 10, 2002 2:00 PM Location: Plaza One Conference Room ADDITIONS/DELETIONS TO AGENDA CONSENT ACTIONS Minutes of July 2, June 25, May 14 Special Meetings and June 26 Regular Meeting I"Reading, Set for Public Hearing on 7/24, Resolution Amending Child Care IGA with Eagle, Pitkin, Garfield, Lake, Summit Counties, Kate Jangula CONSENT PUBLIC HEARINGS ADMINISTRATIVE ACTIONS 1. is Reading and Set for Public Hearing on July 24, Resolution for Proposed Gateway to Snowmass Mesa Subdivision District Service Plan, Lance Clarke 2. 1" Reading, Contract Between Pitkin County and Shaw Construction for Construction Services to Build Lot 1, Stillwater Ranch Subdivision/PUD, B. Pettet, Troy Rayburn 3. 151 Reading, Set for Public Hearing 7/24, Housing Office IGA with City of Aspen, B. Pettet 4. 1" Reading, Set for Public Hearing 7/24, Supplemental Budget Appropriation for Carryforward Budgets, Debe Nelson ADMINISTRATIVE PUBLIC HEARINGS 5. 2 Id Reading, Ordinance Accepting Conveyance of Real Property from Raymond and Camilla Auger and an Ordinance Accepting the Conveyance of Real Property from R&R Trading, Inc., Debbie Quinn, (PN 6/29) 3:00 PM PUBLIC COMMENT, COMMISSIONER COMMENTS, PROCLAMATIONS Proclamations for Colorado Cares Award Winners LAND USE AGENDA CONSENT PUBLIC HEARINGS 1. Aspen Valley Ranch (112J) Riding Arena Extension of Vested Rights, (continued from 05/22/02), (to be continued to 9/11/02 at applicant's request)—T. Pregl CONSENT ACTIONS LAND USE PUBLIC HEARINGS 2. Moore Special Review for a Caretaker Dwelling Unit, (continued from 03/08/02)—E. Louthis 3. Sunshine Ranch LLC, Appeal of Hearing Officer Determination, (continued from 06/26/02) — B. McNellis 4. Kister 1041 Hazard Review, Conceptual Submission, Special Review for a Caretaker Dwelling Unit, Special Review for TDR Receiver Site, (PN 6/08/02)—B. McNellis LAND USE ACTIONS 5. Jazz Aspen Special Event Permit—E. Louthis 6. Reconsideration of Cozy Point Ranch GMQS Exemption, 1041 Hazard Review—S. Wolff 7. Town of Snowmass Village—Amendment to Sign Permit—L. Clarke 8. Spencer Appeal for Takings Determination—B. McNellis BOCC OPEN DISCUSSION ADJOURN FRIDAY,JULY 12, 2002 8:00 AM Castle/Maroon Creek Caucus Meeting Thunderbolt Cafe at Aspen Highlands APPROVED JULY 24,2002 MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR MEETING JULY 10, 2002 NOTE: For all staff memorandums and associated documents, including additional exhibits submitted, refer to BOCC PACKET for July 10, 2002 COMMISSION MEMBERS PRESENT: Commissioners Patti Clapper, Shellie Roy, Dorothea Farris, and Mick Ireland COMMISSION MEMBERS ABSENT: Commissioner Jack Hatfield due to illness. ADDITIONS/DELETIONS TO AGENDA: Commissioner Ireland moved to amend the agenda by moving Item No. 5 an Ordinance Accepting the Conveyance of Real Property from R&R to Consent Public Hearings to be continued to July 24,2002. Commissioner Farris seconded the motion. Motion passed with four yea votes. Commissioner Hatfield absent. Hilary Smith, County Manager, introduced Maureen Dobson as the new housing director. CONSENT ACTIONS: APPROVAL OF MINUTES OF JULY 2, JUNE 25, MAY 14 SPECIAL MEETINGS AND JUNE 26 REGULAR MEETING —MOTION TO APPROVE—STAFF PERSONS: JEANETTE JONES, DEPUTY COUNTY CLERK FIRST READING—RESOLUTION AMENDING CHILD CARE INTERGOVERNMENTAL AGREEMENT WITIH EAGLE, PITKIN, GARFIELD, LAKE, SUMMIT COUNTIES—MOTION TO APPROVE FIRST READING AND SET FOR SECOND READING ON JULY 24,2002—STAFF PERSON: KATE JANGULA, SOCIAL SERVICES DIRECTOR Commisisoner Farris moved approval of the Consent Actions portion of the agenda. Commissioner Roy seconded the motion. Motion passed with four yea votes. Commissioner Hatfield absent. CONSENT PUBLIC HEARINGS: BOARD OF COUNTY COMMISSIONERS 1 REGULAR MEETING JULY 10, 2002 SECOND READING - ORDINANCE ACCEPTING THE CONVEYANCE OF REAL PROPERTY FROM R&R TRADING INC TO THE PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS MOTION TO CONTINUE TO JULY 24, 2002 —STAFF PERSON: DEBBIE QUINN,ASSISTANT COUNTY MANAGER—APPLICANTS: RAYMOND N. AND CAMILLA S. AUGER SECOND READING—ORDINANCE ACCEPTING THE CONVEYANCE OF REAL PROPERTY FROM RAYMOND N. AUGER AND CAMILLA S. AUGER—MOTION TO APPROVE—STAFF PERSON: DEBBIE QUINN, ASSISTANT COUNTY MANAGER APPLICANTS: RAYMOND N. AND CAMILLA S. AUGER Commissioner Roy moved approval of the Consent Public Hearings portion of the agenda. Commissioner Ireland seconded the motion. Chairperson Clapper opened the hearing to public comment. There being no comment, she closed the public hearing and called the question. Motion passed with four yea votes. Commissioner Hatfield absent. ADMINISTRATIVE ACTIONS: FIRST READING—RESOLUTION APPROVING THE SERVICE PLAN OF THE GATEWAY METROPOLITAN DISTRICT—MOTION TO APPROVE AND SET FOR SECOND READING ON JULY 24, 2002—STAFF PLANNER: BRIAN MCNELLIS APPLICANTS: GATEWAY SUBDIVISION Commissioner Ireland moved approval of first reading of the Resolution and set for second reading and public hearing on July 24,2002. Commissioner Farris seconded the motion. Motion passed with four yea votes. Commissioner Farris seconded the motion. Motion passed with four yea votes. Commissioner Hatfield absent. FIRST READING—CONTRACT BETWEEN PITKIN COUNTY AND SHAW CONSTRUCTION FOR CONSTRUCTION SERVICES TO BUILD LOT 1, STILLWATER RANCH SUBDIVISION/PUD, B.—MOTION TO TABLE TO A DATE UNCERTAIN—S AFF PERSON: BRIAN PETTET, PUBLIC WORKS DIRECTOR AND TROY RAYBURN, HOUSING OFFFICE—APPLICANT: HOUSING AUTHORITY Commissioner Roy moved to table this matter to a date uncertain. Commissioner Ireland seconded the motion. Motion passed unanimously. FIRST READING—RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT )MITH THE CITY OF ASPEN TO CREATE AN INDEPENDENT HOUSING AUTHORITY—MOTION TO APPROVE FIRST READING AND SET FOR BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING JULY 10, 2002 3 SECOND READING ON JULY 24,2002—STAFF PERSON: BRIAN PETTET, PUBLIC WORKS DIRECTOR Commissioner Roy moved an amendment to add language that the executive director, under the guidance and assistance of the authority shall prepare affordable housing guidelines every two years including annual updates to the housing master plan. Commissioner Ireland seconded the motion with direction to staff to work out the language. Motion passed with four yea votes. Commissioner Hatfield absent. Staff was directed to change the language on Page 7, under Affordable Housing Guidelines to include language which states "including deletions and additions: as a duty of the Authority to review. Commissioner Clapper referred to page 13. She directed staff to change the County Manager address from 506 East Main to 530 East Main. Commissioner Farris moved approval of first reading of the Resolution as amended with direction to staff. Commissioner Ireland seconded the motion. Motion passed with four yea votes. Commissioner Hatfield absent. FIRST READING—RESOLUTION APPROVING A 2002 SUPPLEMENTAL APPROPRATION FOR 2001 CARRYOVER AND OTHER 2002 PROJECTS—MOTION TO APPROVE FIRST READING AND SET FOR SECOND READING AND PUBLIC HEARING ON JULY 24, 2002—STAFF PERSON: DEBE NELSON Commissioner Farris moved approval of first reading of the Resolution and set for second reading and public hearing on July 24, 2002. Commissioner Roy seconded the motion. Motion passed with four yea votes. Commissioner Hatfield absent. PROCLAMATIONS: The board members were very proud to present proclamations for the Colorado Care Awards to a number of local residents. Jim Ward was presented the PUBLIC COMMENTS: None COMMISSIONER COMMENTS: Commissioner Farris commented on an Aspen Times article regarding the Yucca Mountain Site. She said the Commissioners had written to both Senator Allard and Senator Campbell about their concerns. They also passed a resolution about the safety of transit of nuclear waste through our state because it's a long-term project and that the Board would not support it until that transit safety could be assured. And, those determinations as to where this will go and what protective mechanisms will be in place have not yet been decided. She pointed out that Senator Allard continues to believe that it will be decided and there will be safety in place. So, he voted, as a Senator, for the Yucca Mountain Site. BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING JULY 10, 2002 Commissioner Farris said that Senator Campbell, on the other hand, agreed with the Commissioners. And, as one of three Republicans, he voted against the Yucca Mountain project saying that there are concerns about the waste going through mountainous roads. If you look at the map, she said, no matter where the roads go that eventually they cut through Colorado to get to Yucca Mountain. Commissioner Farris stated that in the House, our State Representatives Udall and DeGette voted against it, but Scott McInnis, Tom Tancredo and Bob Schaffer voted for it. She said that she thinks it is important to direct staff to write a letter of support and thank you from the Board to Senator Campbell and State Representatives Udall and DeGette. Commissioner Farris' second issue was about the scenic by-way that extends from Carbondale in West Elk Loop and goes through Delta and back around Crested Butte and through Kehler. She said she listened to a discussion by Tom Leach about the Gunnison Energy Companies proposal to drill up to 600 welts in Delta County for coal methane. She said the presentation was on not only how it was done but also the effect on the water and why Delta County is concerned about it. She said that Mid-Continent Mine is one of the highest methane producing coalmines in the nation. She said that there have been several Carbondale deaths as a result of explosions related to the methane. She said that that is a site for potential drilling and potential development and that's in Pitkin County. So, she said, we must keep track of what's going on and watch it carefully. John Stickney lives on the other side of Pitkin County and backs up Commissioner Farris' remarks. Commissioner Roy passed out some Ducky Derby forms explaining the yearly event put on by the Rotary Club of Aspen. And, she reminded people of how many community charitable groups benefit from the money raised by that event. Commissioner Hatfield addressed the County's recent discussions regarding budget cuts. He urged the public to contact the board if they had any questions or suggestions. The board will be going to all the caucuses and neighborhood meetings as well as visiting the senior members of the community. Chairperson Clapper added to Commissioner Hatfield's comments. She said that any Homeowners' Associations or any other group or organization that would like to set up a meeting at which the Commissioners could speak they were to contact Karen Sahr in the County Administration Department at 920-5200. Commissioner Ireland further explained to the public what he referred to as the Death of A Sales Tax. He addressed Pitkin County property taxes that, by the way, are some of the lowest in our state. He informed them how merchant businesses were being replaced with types of businesses that do not generate sales tax, such as real estate offices. Sales tax revenue is a large part of the County budget. BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING JULY 10, 2002 5 Commissioner Ireland went on to say that we have two choices to replace lost sales tax revenue. One choice is to increase revenue. The other choice is to cut services provided by the County. He said that he agrees with Commissioner Hatfield that the board needs public input. He said that meetings and caucuses will be noticed in the paper and urged everyone to attend. Commissioner Ireland said that he knows everyone is really excited about the budget. In the excitement over all those numbers he said that he forgot to wish a County employee and resident worker in the Clerk's Office, who you probably all bought driver's licenses from, Shellie Popish, Happy Birthday. He also wanted to announce, for all the runners out there, that the Race for the Cure was being held on Saturday, July 20. And then the next day, July 21, is the Ride for the Cure. They are both great events and he urged everyone to attend. ADDITIONS/DELETIONS TO THE LAND USE AGENDA: Cindy Houben, Director of Community Development, had one change request for the board. The applicants on the Kister 1041 review have requested their application be tabled to August 14, 2002. Commissioner Roy moved to table the Kister 1041 review to August 14, 2002 at the request of the applicant. Commissioner Ireland seconded the motion. Chairperson Clapper opened the hearing to public comment. There being none, she closed the public hearing and called the question. Motion to table to August 14, 2002 passed unanimously. CONSENT PUBLIC HEARINGS: READING AND PUBLIC HEARING ON RESOLUTION GRANTING EXTENSION OF VESTED REAL PROPERTY RIGHTS TO ASPEN VALLEY RANCH RIDING (H2J RIDING SCHOOL) ARENA—MOTION TO CONTINUE TO SEPTEMBER 11,2002 STAFF PERSON:' TAMARA PREGL—COUNTY PLANNER; APPLICANT: MARY JANE GARTH ' Commissioner Farris moved to continue the Aspen Valley Ranch Riding Arena extension of vested rights application to September 11,2002. Commissioner Hatfield seconded the motion. Chairperson Clapper opened the hearing to public comment. There being none, she closed the public hearing and called the question. Motion passed unanimously. LAND USE PUBLIC HEARINGS: RESOLUTION GRANTING SPECIAL REVIEW APPROVAL TO THE MOORE CARETAKER DWELLING UNIT—MOTION TO CONTINUE TO JULY 24, 2002 BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING JULY 10, 2002 WITH DIRECTION TO STAFF TO INSPECT THE SITE AND RED TAG ANY VIOLATIONS—STAFF PERSON: EZRA LOUTHIS—COUNTY PLANNER- APPLICANT: SANDY MOORE Ezra Louthis began his presentation as summarized in his memorandum contained in the BOCC packet for this meeting. He did inform the board, however, that the applicant, Mr. Sandy Moore, was unable to attend today's meeting due to untimely employment obligations. He said that Mr. Moore did ask that this application be tabled until he was able to attend. As there was public present that wanted to voice their opinions on this item, the board decided to hear their concerns. Chairperson Clapper opened the hearing to public comment. John Stickney lives in the "BRB" area, Sewell, Upper and Lower Tracts. He has lived there for the last thirty years. He reminded the board that the covenants allow one family dwelling unit only. He said that he does not think the board should approve bandit units. He asked the board to respect the covenants he bought into thirty years ago and not approve this request. Howard Barnes is also a resident of this area and has lived there for eighteen years right next door to the Alexander Moore property formerly owned by Bill Harrison. Mr. Barnes said that when Mr. Moore bought this property it was purchased with an illegal apartment and an illegal septic system. He said it was turned in but they couldn't find the septic system because they built a fence. And, by doing so, Mr. Barnes claims, they cut through his yard and tore his yard up as well as his telephone lines to put in the septic tank in there. And, he said, it couldn't be found because it was buried. Mr. Barns said that now the septic tank has been uncovered and an engineer came up and he said the septic was fine. Mr. Barnes said it's fine except for one thing. He said that coming down through a flood plane it's buried where Bill Harrison's garage was almost torn down and his house was damaged from a flash flood. The septic tank was put about fifteen feet from Mr. Barnes' property. And, he said, it's on the same water table as his well and others. He said at the same time down stream that the Upper Seven Oaks Division has their well in the same water plane that does the whole Seven Oaks Division. Mr. Barnes submitted several photographs for the record. He added that for the last two and one- half years Mr. Moore has been doing a total remodeling about seven days a week. He doesn't understand how he can do that. The photographs submitted are attached to the July 10, 2002 BOCC Packet under additional exhibits as EXHIBIT "A". Mr. Stickney spoke again saying that he is also the President of the Crystal Oaks Bridge Association. He said it is the only access for sixty lots up there. He said that in the last two years since Mr. Moore bought that property he has never seen that much traffic. He does not want to say what kind of traffic it is, but it's kind of questionable. But, he said, there is no question in his mind that there's a lot of traffic. BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING JULY 10, 2002 Darrell Munsell lives on Riverside Road down from the Moore property. He was speaking as a property owner as well as a board member of the Crystal River Caucus and also a member of the Crystal River Master Plan Task Force. He wanted to reinforce what Mr. Stickney just said by saying that the traffic is horrendous. He said that he thinks that one of the reasons for the covenants that provide for or restrict the properties to single family dwellings is the fact that Riverside Road is very narrow. And, right now there is only one access to the properties on Riverside Road. And, that access cuts through all of our properties right on down to the end. He said the traffic has really picked up. He did want to reinforce the argument that their covenants do restrict the properties to single family dwellings. He asked the board to honor their private covenants. Mr. Munsell added that in May the Crystal River Caucus passed a resolution that the Caucus would urge the County to honor local, private covenants. He also added that the Task Force has included in its goals and objectives a statement about honoring private covenants. Again, he said, he speaks against legalizing this CDU and thanked the board for their time. Chairperson Clapper reiterated that the County has no legal authority or ability to enforce their private covenants. It doesn't mean that the board doesn't read them, listen to them or take them into consideration. But, unless the County is party to those covenants the County has no authority to invoke those covenants. Commissioner Ireland asked Mr. Barnes if he heard him say earlier that the current owner Mr. Moore was doing work on the septic? Mr. Barnes responded that the former owner, Mr. Harrison put that septic in. Mr. Barnes said that while he was in Steamboat for a week and came home he found that the septic work had been done, without'a permit, as well as a garage, without a permit, as shown in one of his photographs. Pat Barnes, Howard Barnes' wife, said that Mr. Moore called her the week before the last meeting and told her that Ms. Jane would be out of there in two weeks. Mrs. Barnes had also asked Mr. Moore about the open septic. She said that he told her that the inspector told him the septic was fine and that there was nothing wrong with it. She said that he also told her that the open septic would not be covered up until Pitkin County Environmental Health inspects it. She said that it is now two months later and it is still an open hole. She would like to know why. She added that Mr. Moore has also cut a hole in the garage and put in windows and has been building seven days a week for the last two months since the last meeting. Chairperson Clapper closed the public hearing and brought the matter back to the board for discussion. Commissioner Farris questioned why the board was considering this application if the septic has not had a permit, is not approved, and if it's a bandit unit that's in violation of the Code. She said these types of violations keep coming up in this area and she wants them to be addressed once and for all. She wants to direct staff to test the water quality in the Crystal to see how it is being effected by all these septic tanks. She said that she thinks we need to find out if there are BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING JULY 10, 2002 changes on the site. If doors and windows are going on in order to rent rooms out like a boarding house in a single-family unit,the board needs to know that. Also, she wants the traffic issues to be researched as those roads are not built to County standards and that the property owners up there do not want them to be built to County standards. She said that those subdivisions have that right to do that, but that the County needs to know what those traffic impacts are. Chairperson Clapper agrees with Commissioner Farris but questions the amount of authority or resources the County has to check into some of these things. She does, however, agree that where the board needs to go today is to find out what is going on there at this property and what can be done to prevent any further activity until such time as the board knows what's legal and what's not legal. Commissioner Farris does not want this item to return to the board and have someone ask for a continuance until she has all of her questions answered. Nancy MacKenzie of Environmental Health informed the board that Mr. Moore provided her with some documentation back in April indicating to her department that he did not have a legal system. She said that there is a plastic thousand-gallon septic tank with some sort of piping around it. Chairperson Clapper said that technically right now the current status of that septic system is that it is not legally approved. Is that correct, she asked? Ms. MacKenzie said yes. Ms. MacKenzie added that her department also made the determination that it is probably too close to his well and she said that she doesn't even know about the neighbor's well. She said that it was put upon Mr. Moore to contact an engineer to see if he could fit in a legal septic system which is the correct size and correct set-back from the well, which is one hundred feet by state statute. In responding to Chairperson Clapper's question, Ms. MacKenzie said that this septic system serves just the bandit unit. Further discussion ensued on the problem of having an illegal septic system serving an illegal bandit unit and whether or not this application should be tabled or not. Mr. Louthis informed the board that Mr. Moore hired an engineer to see how to do a legal septic system but didn't want to put out the money unless he got approval for the bandit unit. Commissioner Farris said that she thinks it is an insult to the County to table an item and allow illegal uses to continue until the next meeting is scheduled. Andrea Morrison is Mr. Moore's fiancee. Ms. Morrison said that much of the work Mr. Moore has done is not in order to rent out the unit. She said that he has made at least twenty dump runs as he is cleaning out the entire back area. She said that they both are trying to work with the board on this, as they want a solution, as this is their home. BOARD OF COUNTY COMMISSIONERS 8 REGULAR MEETING JULY 10, 2002 Commissioner Farris moved to deny this application and not table it. John Ely, County Attorney asked Mr. Louthis if the property had been red tagged? Mr. Louthis said yes, he believed it was red tagged for the bandit unit, not the septic. Ms. MacKenzie said that her department has never been put on notice on the status of the septic system. She said she was in discussion with Miles Stotts, Manager of the Solid Waste Center, earlier today. She said they talked about doing a cease and desist notification. Mr. Ely suggested to the board that if they are going to discuss the merits of this application to entertain a motion to deny or approve that they focus on page two of Mr. Louthis' May 08 memorandum. There are a series of criteria there related to special review approval numerated as C, D, E and possibly F. Commissioner Ireland said that he is not inclined to approve this but believes the applicant has the right to speak to the board regarding what has been said here today. Commissioner Ireland also directed staff to red tag that violation of the septic system so that everybody in the neighborhood knows that we are going to require legal septic systems. Commissioner Farris withdrew her motion to deny. Commissioner Roy said that she wants to never again be in the situation where she has to figure out whether traffic has increased or not based on a couple of people saying one thing and another group of people saying something else. She said that she doesn't know if it's within the board's ability to establish some base lines of what traffic is in certain neighborhoods by perhaps renting a traffic monitor"hose" from CDOT. She said that she would like to have staff find a way to determine these traffic impacts in the future. Commissioner Farris said that she believes these roads were built to accommodate single family homes being built on each lot. Suddenly, because CDUs aren't considered not to be increased density, although they double it, the road capacity doubles to accommodate these CDUs. Commissioner Hatfield moved to table this application to July 24, 2002. Commissioner Farris seconded the motion. Mr. Barnes made final comments on the road issue. He said that it is not a road. It is a single driveway that is an easement that was supposed to stop at his house. It did not. He said they gave a building material easement to a man that is three lots down. The next lot to him got the same easement. They were to use North Bill Creek Road and build a common driveway. And, when they changed something about the grade that goes up and down so these people use his driveway easement for two houses below and they cross the Becker property without any permission. There is no maintenance on this driveway unless you do it yourself. He said that it BOARD OF COUNTY COMMISSIONERS 9 REGULAR MEETING JULY 10, 2002 /d is not compatible to all the traffic that is there because no one cares. He added that the only reason it is called Riverside Road is so the police and fire departments can find it. Mr. Barnes commented on Ms. Morrison's remark about the construction noise being a clean up situation. He said that on Monday they tore one-half of the walls of the south end of the house open. He said they put in French doors on one side and Sandy uses that for his study. And the other bedroom, he said, they put French doors in and they tore it out on Monday and had canvas hanging over the house because it was wide open on Monday night. On Tuesday, the guy came back and finished it up. He added that the detached garage of Mr. Moore's has turned into a full house that has a kitchen, a bathroom, a shower, and a bedroom. Chairperson Clapper reminded Mr. Barnes that the board would have staff look at all of these supposed violations. Nancy MacKenzie informed the board that there is a catch 22 here. She said it is really possible that Mr. Moore cannot have his engineer design a legal septic system for this CDU at all. She said that the engineer has not been able to up to this point as she has been in discussion with him. She said that he could not meet the setback from the wells. She said that is why Mr. Moore doesn't want to put any more money into it. Ms. Houben reminded the board that if there is illegal activity on this site the application could not be reviewed. Chairperson Clapper called the question to continue this application to July 24. Motion passed 4 to 1 with Commissioner Farris voting nay. READING AND )PUBLIC HEARING ON RESOLUTION APPROVING THE APPEAL OF THE HEARING OFFICER DETERMINATION DENYING USE OF THE SUNSHINE RANCH AS A TDR(TRANSFERABLE DEVELOPMENT RIGHT) RECEIVER SITE—MOTION TO APPROVE, AS CONDITIONED — STAFF PERSON: BRIAN MCNELLIS—COUNTY PLANNER—APPLICANT: SUNSHINE RANCH, LLC APPLICANT'S REPRESENTATIVE: JESSICA ROTHSTEIN, ESQ Brian McNellis, County Planner, proceeded with his presentation as summarized in his memorandum contained in the BOCC packet for this meeting. Mr. McNellis also handed out, for submission for the record, a February 12, 2002 letter from Kevin Wright, District Wildlife Manager to the Community Development Department regarding wildlife impacts for Sunshine Ranch. Jessica Rothstein, applicant's legal representative, addressed some of staff s primary points. With regard to how visible the property is she said that Mr. Morley would demonstrate later with his visual aids. But, she said, there is going to be significant landscaping. She said that trees and vegetation that are already there heavily obstruct the site itself. With regard to setback she mentioned District Wildlife Manager Kevin Wright's suggestion that there be a 50 foot setback. The requirement is, 100 feet. The way the site planning is now, she said, there is a 205-foot BOARD OF COUNTY COMMISSIONERS 10 REGULAR MEETING JULY 10, 2002 / setback from the road. Regarding the other homes that currently exist in that area, she said the average size is 10,900 square feet. Finally, she said that she thinks that Kevin Wright's memo addressed the first site plan submitted that had a substantially larger home and a barn. She said that the site plan itself has an improvement of 7,200 square feet and there are no plans for a barn. Cindy Houben, Director of Community Development, stated that the site plan that was reviewed is a different site plan than what is being proposed apparently. Kevin Morley, applicant's representative, responded by saying that it just didn't have a footprint on it, correct? Mr. McNellis tried to clarify by saying that the one that was brought before the Hearing Officer was, in fact, a different site plan. He then showed the board and the applicant's representatives the one that was presented to the Hearing Officer. Further discussion developed on the two different site plans and what the board was actually reviewing. John Ely, County Attorney, said that the map or plan that Mr. McNellis showed the board is now part of the record. He asked Mr. McNellis if he would mark on that what it is so that it can be clear. Mr. Ely informed the board that the issue before the board today was an appeal of the denial of the Hearing Officer. He said it is not a new application. Ms. Houben pointed out that the use of a TDR is based on criteria that's in the Code that the board determines whether or not the applicant has met those criteria in a manner that's acceptable. That's why, she said, that the site plan is so important to make sure that the board's information is accurate regarding what the referral agency is giving them. Mr. McNellis further clarified the issue by saying that he does think that this is, in fact, the site plan that the DOW was looking at when they made their recommendations because this was submitted as part of the application. The Hearing Officer record should reflect that Glenn Horn did say that this should not be representative of what's being brought before the Hearing Officer. He said that this is what was approved back in 1998 and we're requesting two TDRs with no specific site plan. Ms. Houben wanted to insure one more thing before the board proceeded. She said that what Mr. Morley is showing is within the same envelope that's shown on the original site plan, the building envelope. ' Mr. Morley said there was also a landscape plan that was submitted with the package that showed some landscaping and the separate berm in the front. He said that is the map that is on here except it has a representative house of an appropriate size that we're discussing today. BOARD OF COUNTY COMMISSIONERS 11 REGULAR MEETING JULY 10, 2002 There was no house on that, he said, and he actually wasn't aware that Glenn Horn submitted the 1998 plan. So the area of disturbance envelope has not changed, asked Ms. Houben? Mr. Morley answered, correct. Mr. Morley proceeded with his presentation. He has three boards in front of the board. One is a board of photographs, one is a site plan as he just explained that was a copy of the schematic landscape plan that was submitted in the package with a house that is a representative size of the 10,750 square feet that we are discussing, he said. The last board is an enlarged version of that showing a fagade and what happens with the landscape screening and the septic berms that are required along the front for the septic design. Mr. Morley said that this request for a TDR received site was deemed inappropriate due to criteria set forth in Section 3-210-020. He said that he would base his presentation on each of those items, A through G, in the Code. Originally, in the submittal he said, Subsections A, B, F and G were all found to be in conformance. Subsection C stated that the special use would be consistent with the intent of the zone district in which it's located. Mr. Morley said that we feel that the project would be in character with the surrounding neighborhood and that will be the same whether it receives TDRs or doesn't receive TDRs. The use won't change, he said, and the character probably won't change a whole lot. Mr. Morley said that Subsection F deals with the adequacy of public facilities and services. He said that it is their opinion that those public facilities such as schools, medical, fire won't change whether the house is 5,750 or 10,750 square feet. He said they feel this because only five bedrooms are allowed in these houses, period. So, essentially he said we are capping the numbers of people who are going to be living in these houses. Also, he added, there has been a house and garage on this property that has been serviced from Owl Creek Road since 1914, so it's not a blank piece of property that's been on that road. Subsection E is in regards to harmonious design of the structure and the site, including the visual impacts and impacts on natural resources. Mr. Morley said that they think that the proposal would be completely in character with Owl Creek and East Owl Creek. Probably more so, he said, than if it was 5,750, given the size of the homes there. In the original 1041 hazard review submitted in 1998,the Hearing Officer found sufficient evidence to grant the ability to build 15,000 square feet on the same parcel. And, he added, the character of the neighborhood hasn't changed since then. Mr. Morley said the biggest concern of staff and the Hearing Officer is the visual impact to Owl Creek Road. He said the current house and garage is 3900 square feet and sits less than 30 feet from Owl Creek Road. He said that the site is basically obstructed until you crest the hill almost to the edge of the property. He said that they do feel, with the landscaping, that it's going to be very screened from view until you get around that - -. Mr. Morley went into more detail on the type of proposed landscaping. BOARD OF COUNTY COMMISSIONERS 12 REGULAR MEETING JULY 10, 2002 /3 Mr. Morley said that with approval, the applicants would be willing to put 2/3 of the available square footage on the main floor, allowing for 1/3 of the construction as two-story space. Mr. Morley addressed the wildlife concerns. He said that he doesn't know how you can say a house of 5,750 has less impact on migration patterns than a house of 10,750. He said that there is no guarantee that the 5,750 square foot house wouldn't be as wide, as tall and closer to the road than their proposed development. Mr. Ely informed the board that the special review criteria for evaluating the utilization of two TDRs begins at the bottom of page 3 of the April 16 memorandum from Brian McNellis to the Hearing Officer. Commissioner Hatfield had numerous questions for the applicant and staff that were answered to his satisfaction. Commissioner Roy reminded the board that what a TDR does is sterilize a parcel in the backcountry. So, she said, with two TDRs you could find that it does preserve rural character, but perhaps not in the situation where it is. Commissioner Farris said that she hasn't been convinced enough regarding wildlife issues and she felt that the wildlife issues were somewhat passed over. Commissioner Ireland said that he has always been a believer that you put great, big houses where the other great, big houses are. And you put employee housing where the other employee housing is and you proceed from there to places like Filoha Meadows or beyond should be smaller houses. Visual is very objective to him, he said. He said that he wouldn't vote for this unless the applicant withdrew the offer of$225,000.00. He finds that totally inappropriate. Commissioner Ireland is referring to a letter put in the Commissioners' mailboxes dated July 08, 2002 from Jessica L. Rothstein, of Garfield& Hecht to the Housing Authority, the County Commissioners, and Suzanne Wolff and Brian McNellis of Community Development. A copy of this letter is attached to the July 10, 2002 BOCC Packet under additional exhibits as EXHIBIT "B". Commissioner Ireland went on to say that out of the blue the applicant is offering $225,000.00 toward the Housing fund. He said that he couldn't support that. He said that yes, we have a need for housing, but he doesn't think our process should be an option. Secondly, he said that he believes the land beneath this property needs to be ineligible for use as commercial agricultural activities. He also agrees with Commissioners Hatfield and Farris regarding the wildlife issues. He counts the wildlife impacts higher than the visual impacts. So, he would shape it to minimize wildlife disturbance. BOARD OF COUNTY COMMISSIONERS 13 REGULAR MEETING JULY 10, 2002 Commissioner Farris said that she would rather see a two-story house with a better design in a 5,750 footprint as she feels it is less impactive. Is this possible, she asked the applicant's representatives? Mr. Morley responded by saying, yes, he thinks that could be an option, as the house hasn't yet been designed. Commissioner Hatfield said that he is torn on this application because of the benefit of TDRs. On the other hand, he said, for thirty years he has lived in Snowmass Village and driven down that road and feels somewhat connected. He said that he does not think that a large home is appropriate here. Therefore, Commissioner Hatfield moved to deny the appeal based on the following criteria: 1 County Code Section 3-210-020, C. —consistency with the intent of the zone district. He does not believe that this application maintains the rural character of the lands proximate to the roads and in the general area. 2 County Code Section 3-210-020, D.—the character of the immediate vicinity of the parcel proposed for development and surrounding land uses shall enhance the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed. He said it does nothing to enhance or etc. 3 County Code Section 3-210-020, E. —location, size, design and operating characteristics of the proposed special review use must be in harmony with the surrounding area and minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise,vibrations and odor on surrounding properties. He said that to him, a10, 750 square foot home is not in harmony with the surrounding area. Chairperson Clapper seconded the motion to allow for discussion. Commissioner Ireland agrees with Commissioner Hatfield that a large house is not consistent with rural character but he said that he thinks a 5,750 is also a large house and he doesn't see what a difference it,is. He does, however, disagree with Commissioner Hatfield with regard to consistency of the Character. He said that he thinks the character of that neighborhood is something different. Chairperson Clapper supports Commissioner Hatfield's motion because she has issues with the wildlife corridor, the road setback, and the scenic view plane. Chairperson Clapper opened the hearing to public comment. Susan Crown asked to read a statement into the record. Her statement was submitted as a letter dated July 08, 2002 from Susan Crown and William Kunkler(perspective owners) to Suzanne BOARD OF COUNTY COMMISSIONERS 14 REGULAR MEETING JULY 10, 2002 / / t) Wolff and Brian McNellis of Community Development. A copy of this letter is attached to the July 10, 2002 BOCC Packet under additional exhibits as EXHIBIT "C". Chairperson Clapper called the question to deny. Motion failed 2 to 3 with Commissioners Hatfield and Clapper voting aye to deny and Commissioners Ireland, Farris and Roy voting nay. Commissioner Farris then moved to grant the appeal conditioned upon: 1 minimum 200 foot setback from the road 2 minimum 75 foot setback from riparian areas 3 allowing the two (2) TDRs that will preserve sites 4 no barn 5 no horses 6 preservation of the Nordic Trail Commissioner Ireland seconded the motion with the addition of no commercial agricultural activities if Commissioner Farris accepted that to her motion. Commissioner Farris Was Fine With The Additional Condition Of No Commercial Agricultural Activities. Mr. Ely pointed out to the board that the Nordic Trail already exists and will continue to exist no matter what is done here. Commissioner Ireland also had one other condition he would ask Commissioner Farris to agree to. The condition is that the board does not accept, solicit, or approve the offer of $250,000.00 in cash as payment for housing. The board, he added, does appreciate the generous spirit. Commissioner Farris was acceptable to this additional condition. Chairperson Clapper called the question to grant the appeal, as conditioned. Motion passed 3 to 2 with Commissioner Hatfield and Chairperson Clapper voting nay. Chairperson Clapper closed the public hearing. RESOLUTION APPROVING THE KISTER 1041 HAZARD REVIEW, CONCEPTUAL SUBMISSION, SPECIAL REVIEW, AND GROWTH MANAGEMENT EXEMPTION FOR A TDR RECEIVER SITE AND CARETAKER DWELLING UNIT—MOTION MADE AT THE BEGINNING OF THE LAND USE AGENDA TO CONTINUE TO AUGUST 14,2002 STAFF PLANNER: BRIAN MCNELLIS—APPLICANT: MARK KISTER LAND USE ACTIONS: BOARD OF COUNTY COMMISSIONERS 15 REGULAR MEETING JULY 10, 2002 RESOLUTION APPROVING A TEMPORARY USE/SPECIAL EVENT PERMIT TO UTILIZE THE BASE OF BUTTERMILK AREA AND COZY POINT RANCH FOR THE PROPOSED 2002 JAZZ ASPEN/SNOWMASS LABOR DAY FESTIVAL—MOTION TO APPROVE, AS CONDITIONED—STAFF PLANNER: EZRA LOUTHIS -APPLICANT JOE LANG,ASPEN SNOWMASS FESTIVAL DIRECTOR Ezra Louthis, County Planner proceeded with his presentation on this matter as summarized in his memorandum contained in the BOCC packet for this meeting. Discussion focused primarily on the parking situation for this event. Parking will be staged at the Cozy Point Ranch Parcel, the Brush Creek Intercept Lot and Buttermilk, with contingency parking plans for the Rodeo lot and Two Creeks). RFTA will be utilized again to service the Aspen area and Snowmass as well as the Cozy Point lot and the Brush Creek Intercept lot. Commissioner Roy asked if there would be a fee charged for the Stapleton portion parking? Mr. Louthis said that the Stapleton portion would not be reserved parking for the public. It will be first come, first serve. Commissioner Roy doesn't want people driving to Buttermilk, finding out it's full and then go out. She suggested a $10.00 charge to park at Buttermilk and use some of the money generated there to offset and snake less expensive the Cozy Point bus route. Mr. Louthis wasn't sure they could use the Stapleton portion and charge for it. A discussion on this suggestion, as well as parking problems in general, ensued. Commissioner Farris emphatically stated that there needs to be a final discussion on large event parking. She said that this discussion keeps coming up and it never gets finalized. She said the board must address this problem as soon as possible so that this discussion does not occur again at the next special event hearing. Commissioner Hatfield echoed Commissioner Farris' concerns regarding large event parking solutions. Chairperson Clapper asked if there would be any way the board could provide for the use of the Stapleton parking lot? John Ely, County Attorney, responded by saying that he thinks it should be discussed with our joint tenants. Certainly, he added, he would not do it without discussing it with the state. The use of the Stapleton property for parking will be checked out and clarified. BOARD OF COUNTY COMMISSIONERS 16 REGULAR MEETING JULY 10, 2002 l� Chairperson Clapper directed County Manager, Hilary Smith to set up this large event parking discussion at the board's upcoming EOTC meeting. Commissioner Hatfield moved to approve the temporary use/special event permit to utilize the base of Buttermilk area and Cozy Point Ranch for the proposed 2002 Jazz Aspen/Snowmass Labor Day festival conditional upon clarification of the use of the Stapleton property. Commissioner Roy seconded the motion. Although not a noticed public hearing, Chairperson Clapper allowed comments from the public on this issue. Jerry Scheinbaum, Vice-President and speaking on behalf of the Brush Creek Metro District, was not in favor in using Cozy Point for parking for the Jazz Festival. He said that he resents Cozy Point being referred to as a lot. He said it is not a lot, it is a ranch, and it is open space. He also mentioned a City Council meeting, two meetings ago, where the District voiced their strong opinion against using Cozy Point for parking. He said that there was a subsequent meeting to which the District was not invited. He said that he thinks that's against the rules of the IGA. He said that the City of Aspen and Pitkin County need to address special event parking. Commissioner Farris and Commissioner Roy asked the applicant to suggest to RFTA that they have at least a number of busses to not just go from the event directly to Cozy Point but to make other stops along the way as well. Perhaps, Commissioner Roy suggested, it could be every fifth bus. Commissioner Ireland said that he would be making a symbolic no vote in hopes of sending a message to subsequent organizers that the Cozy Point problem needs to be addressed. Chairperson Clapper called the question to approve. Motion passed 3 to 2 with Commissioner Ireland and Commissioner Farris voting nay. READING ON RESOLUTION AMENDING THE APPROVAL GRANTED PURSUANT TO BOCC RESOLUTION NO. 105-2002, APPROVING THE COZY POINT RANCH 1041 HAZARD VIEW, CONCEPTUAL SUBMISSION AND GMQS EXEMPTION FOR RELOCATION OF THREE CABINS—MOTION TO APPROVE,AS AMENDED— STAFF PLANNE SUZANNE WOLFF—APPLICANT: CITY OF ASPEN Ms. Wolff proceeded with her presentation as summarized in his memorandum contained in the BOCC packet for this meeting. He said there are two conditions of approval that the City of Aspen has asked to be reconsidered. One is the condition regarding dogs and the other is how much or how little review is necessary by the board. The board first addressed those items that the BOCC would NOT be required to review. One of those items was "to expand existing structures or to construct new structures, limited to a BOARD OF COUNTY COMMISSIONERS 17 REGULAR MEETING JULY 10, 2002 / G � cumulative total of 1,000 square feet (beyond what exists on the date of this approval and the three cabins) shown as proposed condition 63 in the draft resolution. Discussion on this ensued when Commissioner Hatfield asked why the board would want to say 1,000 square feet? Chairperson Clapper said she could live with the language in condition 6.13., but she wants it added in the condition that there is an objection from an adjacent neighbor then it comes before the board. Commissioner Farris moved to eliminate condition 6.B that reads "expand existing structures or to construct new structures, limited to a cumulative total of 1,000 square feet (beyond what exists on the date of this approval and the three cabins)". Commissioner Roy seconded the motion. The next discussion focused on the proposed change to condition 3.A. regarding dogs. Commissioner Ireland stated his concerns regarding condition 3.A. regarding dogs. He said that the way it is worded has no meaning that he can ascertain as a limitation on anything. Commissioner Hatfield agrees with Commissioner Ireland that the language on proposed condition 3.A needs to be restated. Commissioner Farris suggested the following wording regarding condition 3.A. and 6.A. Proposed Condition 6.A. showing those items the board would NOT be required to review reads "to remodel existing structures (no change in footprint or use, and no increase in square footage)". She said that she would like to see it read "to remodel OR REPLACE existing structures (no change in footprint or use, and no increase in square footage)". On proposed condition 3.A. she would like it to suggest "only dogs belonging to those who live on the ranch shall be permitted on site". Commissioner Roy would like to make a motion to approve both the amendments stated by Commissioner Farris. County Attorney John Ely informed Commissioner Farris that proposed condition 6.B., the way she would like it reflected, is more restrictive as it would require a review for anything more than 1,000 square feet. Right now in the Code, he explained, if the applicant came in for more agricultural buildings or storage facilities in conjunction with the operation, they would just get a permit and go. Commissioner Farris therefore withdrew her motion to eliminate condition 6.B. Commissioner Roy also withdrew her second. Commissioner Roy's motion to approve the two suggestions made by Commissioner Farris regarding conditions 3.A. and 6.A failed for lack of a second. BOARD OF COUNTY COMMISSIONERS 18 REGULAR MEETING JULY 10, 2002 /g l ` After further discussion, Chairperson Clapper moved to approve the amending of the approval granted pursuant to BOCC Resolution No. 105-2002, approving the Cozy Point Ranch 1041 hazard review, conceptual submission and GMQS exemption for relocation of three cabins with the following changes. Condition 3.A. will state "only dogs belonging to those who live and/or work on the ranch shall be permitted on site". Condition 6.A. will state "to remodel or replace existing structures (no change in footprint or use, and no increase in square footage)". Condition 6.B. will remain as proposed reading "to expand existing structures or to construct new structures, limited to a cumulative total of 1,000 square feet (beyond what exists on the date of this approval and the three cabins) and subject to 1041 hazard review, if required". Commissioner Hatfield asked what new agricultural operations meant in condition 6.C? Brian Flynn, City Parks and Open Space Coordinator informed the board that there has been a desire, in the area where the trolleys have been sitting, to start producing hay. He said that they want to start expanding in that field and that's new agricultural use not currently being done on that specific area. Mr. Ely stated to the board that the concern is that additional or new agricultural operations might be undertaken. He suggested new agricultural operations period. Changes in existing operations means that it could go out of agricultural use into something else without a board review. Chairperson Clapper added the follow amendment to her motion to approve. Under condition 6.C. it should read only "new agricultural operations". Commissioner Hatfield moved to second the motion. Chairperson Clapper called the question. Motion to approve, as amended, passed 4 to 1 with Commissioner Farris voting nay. RESOLUTION GRANTING APPROVAL TO THE TOWN OF SNOWMASS VILLAGE FOR AN AMENDMENT TO A LOCAL GOVERNMENT JURISDICTIONAL SIGN TO ADD A SOLAR COLLECTOR—MOTION TO DENY—STAFF PLANNER: LANCE CLARKE—APPLICANT: TOWN OF SNOWMASS VILLAGE Mr. Clarke proceeded with his presentation as summarized in his memorandum contained in the BOCC packet for this meeting. Mr. Clarke handed out a sketch by T. Michael Manchester & Associates. A copy of this sketch is attached to the July 10, 2002 BOCC Packet under additional exhibits as EXHIBIT '°D". record. Also submitted for the record is a July 5, 2002 letter from Thomas Todd of Holland and Hart, representing the Brush Creek Metro District to Lance Clarke with regard to this application. A BOARD OF COUNTY COMMISSIONERS 19 REGULAR MEETING JULY 10, 2002 copy of this letter is attached to the July 10, 2002 BOCC Packet under additional exhibits as EXHIBIT "E". D. Craig Thompson, Community Development Director for the Town of Snowmass Village explained to the board that a line could be run from the City of Aspen meter under Brush Creek Road into the conduit on the island and run it down to the sign. Several board members asked why solar instead of electric? Mr. Thompson answered by saying that about six to eight weeks ago, the Snowmass Town Council looked at both options. They directed staff to do a parallel review or evaluation of both options. Council's preferred option was solar because, he said, they thought it was energy efficient. Commissioner Ireland said that he is opposed as he looks at the solar addition as one more thing for a car to hit in that location. Commissioner Hatfield said that this is the first time he has disagreed with the Town of Snowmass Village since sitting on the Board of County Commissioners. He said that he thinks solar is unnecessary. Commissioner Hatfield moved to deny the approval to the Town of Snowmass Village for an amendment to a local government jurisdictional sign to add a solar collector. Commissioner Farris seconded the motion. Motion passed unanimously. TAKINGS DETERMINATION ON THE (PAUL) SPENCER LOT 14 1041 HAZARD REVIEW AND CONCEPTUAL SUBMISSION TAKINGS—MOTION TO FIND A TAKINGS HAS OCCURRED AND DIRECT STAFF TO PREPARE A RESOLUTION AND RETURN IT TO THE BOARD FOR APPROVAL —STAFF PLANNER: BRIAN MCNELLIS —APPLICANT: PAUL SPENCER Brian McNellis began his presentation as summarized in his memorandum contained in the BOCC packet for this meeting. Commissioner Roy moved to find that a taking has occurred because the proposed building envelope is in the most suitable location on the property for development and that the denial constitutes a taking of all reasonable use and economic return from the subject property. Commissioner Ireland seconded the motion. Chairperson Clapper called the question. Motion to find a takings has occurred passed unanimously. ADJOURNMENT: BOARD OF COUNTY COMMISSIONERS 20 REGULAR MEETING JULY 10, 2002 �1 Commissioner Hatfield moved to adjourn the regular meeting at 8:00 PM. Chairperson Clapper seconded the motion. Motion passed unanimously. BOARD OF COUNTY COMMISSIONERS 21 REGULAR MEETING JULY 10,2002 Re ectfully submi ed, �q Jganette Jones (Administrative Items) Clerk to the Board of County Commissioners 2� % Lyndee Dean (Land Use I ems Clerk to e Board of County Commissioners Patti Kay-Clap�er Chairperson of the Board of County Commissioners ww/g/minutes/2002/07102002 BOARD OF COUNTY COMMISSIONERS 22 REGULAR MEETING JULY 10,2002 G � TRZ ASPE Timis 310 East Main Street, Aspen, Colorado 81611 PROOF OF PUBLICATION 04 STATE OF COLORADO } / LI p i 1 } ss. i 1 COUNTY OF PITKIN } R�cnortce . . I, Andy Stone/Jena Weatherred do solemnly swear that 1 RE: '�'ni� ICI&R& am PUBLISHER of the ASPEN TIMES WEEKLY; that the NOME IS WRWY GIVPN ihw•v� �s same Is a weekly newspaper printed, in whole or in part, and v"vw � sass'wr'o° "t,,e"' published in the County of PITKIN, State of Colorado and has miter n e c�e10ft"""°O°"", Won WMY Cemmbetonen,pba One a general circulation therein; that said newspaper has been coda:=:""a #:d bS5r` en toe. eWI � tldby Metk astite published continuously and uninterruptedly In said County of wWsaebamkenraewe&&WW1 hteneetete Pitkin for a period of more than fifty-two consecutive weeks � Nw t"`"'h�� y Cris.me awdty k tbww m they w Wft tenet next prior to the first publication of the annexed legal notice or Ceea V4%y en it*dan➢bw a a time,of rda advertisement; that said newspaper has been admitted to the *M11W to Mtn"3/4. Seaton 27, emu+. seer Z,7brrnmv a swth,n.nae wept w United States mails as second-class matter under the provi- eft"VA.Yhe+PWkethm/reeekmion en eral4 pWYc�woeeUep m the commynxy De. sions of the Act of March 3, 1879, or any amendments there- swept Deaetbneet.Cry wo. 130 g OYem of, and that said newspaper is a weekly newspaper duly 9ual- sc � , a„ m cNrw ec ified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado, ® A 20* 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 publication of said notice was in the Issue of ` said newspaper dated . ANyA A.D.,20 OZ and the last publication of said gQtjce was in the issue of said newspaper dated_furJ,`—Y, A. D. 20 QZ- In witness whereof I have hereunto set my hand. r ublisher 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 00 . (SEAL) n�` Notary P is My Commission expires i THE ASPEN TIMES 310 East Mein Street, Aspen, Colorado 81611 PROOF OF PUBLICATION STATE OF COLORADO } /1"001A, 6 } ss. COUNTY OF PITKIN } PUR61C110M no7fM oP;PI1B17e 16ApQw PLEASE TARE fro1xE:t1r tl,a9aeid of Canty Conuriwlorrem d PWb ,.� consider the fotbMng Rlsehraen at.the eov t I, Andy Stone/Jenna Weatherred do solemnly swear that 1 1e°"._"" a°° :��/at i99 pov w to noon arereaRer Y the modrrtt d bmF am PUBLISHER of the ASPEN TIMES WEEKLY; that the M.e °fie• InPWa 1 McMag Roeat;bM. same is a week) newspaper r p Au't l' &IImeAe0"•fthepubl°� n� Yp inted, in whole or in art, and and wave all meuben a the public uq appear and he h.M: published in the County of PIT P IN, State of Colorado and has AN txeD94AotnArvce OF IM navto OF tbiiem a general circulation therein; tliat said newspaper has been oo�Of, y'mm published continuously and unnterruptedly in said County of ,'R"MM RA KAU mr Pitkin for a period of more than fifty-two consecutive weeks °FCO1NTMINDAM CO 0 I next prior to the first publication of the annexed legal notice or 1 Raynrurd ra andnCamiaa 5 Ar ge,.,,noo, of advertisement; that said newspaper has been admitted to the in:aiP�ama landed tg a United States mails as seeondrelass matter under therovi- the NEI/4 a$ection 7. Tdwnhtw a. 1¢Sato P Range 84,West,%P.M.noda�d in tat S of sions of the Act of March 3, 1879, or any amendments there- the`Oe°tae s" Wid"n coat 3—A*d. of, and that said newspaper is a week) newspaper dul krina in Putel A open SPO In the dubs m YY qual- grand m1.pateat..open�a eke ware of ified for publishing legal notices'and advertisements within the "«��Cortur , of Paid. Count% (the meaning of the laws of the State of Colorado. „. The BOCC dea9ea'm accept me property 99L nude by SpeetY WAMrAy.thee,dated Decm"ber 31. 29 and d h eung d b UN teat That the annexed legal notice of advertisement was published p rder-OP" fiords at ce tion County ClerkdRe ber 3J, Office at Reception d M2150 on Deeuo- in the regular and entire Issue of every number of said week- be g1�TIMEREPME.he R wd lwd by the ly newspaper for the period of consecutive insertions; Coid a�°etye Bowil f Count PCooroditkin ' Cobra that the aoud a County Cunuwwr. and that the first publication of aid notice was in the issue of u d t°�re.RrflP d tee the S"°d° _2 .and toner fly d In PExhM A NtKb�iwe said newspaper dated _ A.D.,20 U the last publication of said notice was in the issue of said CoPiea a se the proposed Resolution M avdlable dated .-77 for public wpeeon ""ring rem b°"Ipewe newspaper iLy1lU-C_?-9 A. D. 20 0 . hours in the t>reer a the.clerk WA Reeordend29 Faat Mato Street.Alien,Cebrado dell 1. Phme (970)92D6157 or(9M 9206M In witness whereof I ha a hereunto set my hand. �r��. Pnbariied In The Aspen 17r0o,WeeheeE Minn, on Au,29,2902.(91M u lisher Subscribed and sworn to before me, a notary public in and for the County of Pitkin, State of Colorado, this �_ day of M-14_A.D., 20 _ . (SEAL) p Notary Public My Commission expires ! - -U� Tzz SPAN IM:S \� 310 East Main Street, Aspen, Colorado 81611 k p/H/N. 14 PROOF OF PUBLICATION STATE OF COLORADO } } ss. COUNTY OF PITKIN } I, Andy Stone/Jenna Weatherred do solemnly swear that I PUBLIC NOTICE am PUBLISHER of the ASPEN TIMES WEEKLY; that the PLEASE TAKE NOTOICP a,IN Board of County same is a week) newspaper rinted, in whole or in art, and Co""dt8t'"fu w P'te^ county, Coo ado, YP P adopted the Idlowlpg O dinance at the for Board's published in the County of PITKIN, State of Colorado and has Regular^KKH^g^^Wednesday.July 10,zooz,at a duty no pub002. lic hearing notice publlah- a general circulation therein; that said newspaper has been ed in the Weekend Edition of the Aapen Time,on published continuously and uninterruptedly in said County of JuneRDNANCE OF THE BOARD OF COUNTY COMMMONER5 OF PITKIN COUNTY, Pitkin for a period of more than fifty-two consecutive weeks COLORADO,ACCEPTING THE CONVEYANCE OF next prior to the first publication of the annexed legal notice or REAL PROPERTY FROM RAYMOND N.AUGER AND CAMILLA S.AUGER TO THE PITKW COUNTY advertisement; that said newspaper has been admitted to the BOARD OF COUNTY COMMISSIONERS Coptea of the Ordinance are available for public United States mails as second-class matter under the provi- hvpection during regular bualneaa hon"in the Office of the Clerk and Recorder,530 Eaat Male sions of the Act of March 3, 1879, or any amendments there- Street.Aapen,Colorado 81611. Phone(97D)M of, and that said newspaper is a weekly newspaper dui ual- 5I57 YY q Jeanettebnea ified for publishing legal notices and advertisements within the Published In The Aa Deputy County Clerk meaning of the laws of the State of Colorado. on July 20,2M2.(g ape.Tirn.,Weekend Edition, 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-10 4-tA.D.,20n;z�—, and the last publication of said noticq was in the issue of said newspaper dated 71ul -,3 D A. D. 20 C . In witness whereof I 4ave hereunto set my hand. Pubiishe Subscribed and sworn to before me, a notary public in and for joe County of Pitkin, State of Colorado, this at day of A.D., 20 f>Z _ . (SEAL) e r EJt Notary Public My Commission expires Lb�__6Z THz AsrzwTimzk,o - 7-la - el2 M/Al P AS 310 East Main Street, Aspen, Colorado 81611 � PROOF OF PUBLICATION 90 STATE OF COLORADO } } ss. PUBIJC NOTIC£ NOTICE OF HEARNING COUNTY OF PITKIN } Pt UBLICmeBowdotcdanty Conrmrriwers m,ralr.Car®ty,.Cebrado;wBl rerAwhonest" raoloe ttlr Bovd•a raedrt meetbra he WWi a s� M'IOtt f 2dp Pny a a won th F ar r the dog go of 530 I, Andy Stone/Jenne Weafherred do solemnly swear that I neu awe,is the euw I 64aana�goose,sso am PUBLISHER of the ASPEN TIMES WEEKLY; that the and klsce AU aso spae,CeherW46Wbldrdme pNas W m.nbea a<the public may Wpeer same is a weekly newspaper printed, In whole or in part, and nano,°fit;, CIF TM SOMW OF car,, published In the County of PITKIN, State of Colorado and has Co OF orsxs OF?MaN COUMT,COLORA- DO, ACC7PTMj TIX-CCWRYANC6 OF VAL a general circulation therein; that said newspaper has been PBOPMY MM RU TRADMD, INC. HE To T published continuously and uninterruptedly in said County of SloffmC01x" 1D of canon covens Pitkin for a period of more than fifty-two consecutive weeks ,. Ite ItTrading,Wnc,N the urger of certain next prior to the first publication of the annexed legal notice or rcm property .tudea is Pbllp county and advertisement; that said newspaper has been admitted to the b1eWe u e tract a whe located In the Lion 22 all in Se is and�To Nn hly,8,/4 sec United States malls as second-class matter under the provi- nRwge 0 all in & zz�er with and as sions of the Act of March 3, 1879„ or an amendments there- �tally described 1n Exhibit A attached h� y to,dalree-to great this parcel a open spore to of, and that said newspaper is a weekly newspaper duly qual- the Bound of sets'commissioners of PMn ified for publishing legal notices and advertisements within the County BCCCCC'n, e TWe BOCb aeabes to accept dated e property meaning of the laws of the State of Colorado. M,an'd reca edm`�red recund.• o1 the Phil.County CketQ Retarder'.Office at Reception 0 4663M onAWK 15,2M. That the annexed legal notice or advertisement was published go„d �tsT "e, unlighted ioner,ofc yth In the regular and entire Issue of gvery number of said week- Colorado that the Board of county Commis.loo- ly newspaper for the period of / consecutive Insertions; R'e'RtTr hereby°accept the fWeydescrl�bed b a�a- and that the first publication of said notice was in the Issue of c`owa attached o�J Resolution son awllable said newspaper dated -2uOL z1 A.D.,20 QZ and public In '°Bae�n R �,� the last publication of said notice was in the issue of said Eestele,Street.Aspee,ColonEe816u. Pea. newspaper dated -r.� A. D. 20 OZ (970)9MI57 or(9T0)62DZM Jeannette done Deputy County Clerk Published In The Aspen Tees,Weekend Edition, In witness whereof I have hereunto set my hand. on June 29,2b62.M39) l ublishe Subscribed and sworn to before me, a notary public in and for tt1e County of Pitkin, State of Colorado, this day of d6�4 _ A.D., 20 0-Z K (•U Notary P&lic My Commission expires k.0 -OCR—O is HI AVETIMM 310 East Main Street, Aspen, Colorado 81611 pi,�k c ff PROOF OF PUBLICATION STATE OF COLORADO } } ss. COUNTY OF PITKIN } I, Andy Stone/Jenna Weatherred do solemnly swear that I am PUBLISHER of the ASPEN TIMES WEEKLY; that the NBIIC NOTICE NOTICE IS Fff"V OIVMN TO THE 001rnAL same is a weekly newspaper printed, in whole or in part, and PUBUC TIM nn doh 10,2=the Eoerd of Coin. ty ComnLLtlonera of PHI& Conway, Colorado, published in the County of PITKIN, State of Colorado and has angled naowunn No. 123w= +needing din Vp.W granted a general circulation therein; that said newspaper has been No. 11052DOZ apprork,ianeCo"Faint "n n published continuous) and uninterruptedly in said County of 1041 baand review,ewttphul aebawlon and Y P Y `7 OMQS exe"t .for rel"ion o1 three"bins. Pitkin for a period of more than fifty-two consecutive weeks The anblect wv"rty 10 dewrl a ae a po'cel w land eltoatod In See"N.1!laid 21,Tew W 9 next prior to the first publication of the annexed legal notice or sash,xa,ae gS%FM aide ft ekL being'Per- advertisement; that said newspaper has been admitted to the gre am° ea"tgyk�.nga,�a..1aa te awe d el°Ma4eieet vlee Includes.wdrea United States mails as second-class matter under the provi- Waparty'dmd °"^""`to 71We 24,Ardde W sions of the Act of March 3, 1879, or any amendments there- JmnwtteJnaa Do"Canty Clerk of, and that said newspaper is a weekly newspaper duly qual- Published In The Aspen Tlna on August 09,202 ified for publishing legal notices and advertisements within the (9142) 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 A.D.,20 Q;_ , and the last publication of said tice was in the issue of said newspaper dated n X An A. D. 20 Oa In witness whereof I have hereunto set my hand. Pu lisher Subscribed and sworn to before me, a notary public' and for t e County of Pitkin, State of Colorado, this day of A.D., 20 Q . (SEAL) Notary Public My Commission expires t -O2—