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HomeMy WebLinkAboutbocc.min.reg.10092002 PITKIN COUNTY COMMISSIONERS REGULAR MEETING AGENDA WEDNESDAY, OCTOBER 9, 2002, 2:00 PM Location: Plaza One Conference Room ADDITIONS/DELETIONS TO AGENDA (Mick Ireland Not Present) CONSENT ACTIONS 1. Minutes of 9/10 & 9/24 Special Meetings and 9/25 Regular Meeting 2. Abatement Hearings, Carol Foote 3. Resolution Appointing Dorothea Farris to the Transit Advisory Committee, D. Quinn Convene as Board of Health 4. I st Reading, Set for Public Hearing 10/23, Communicable Disease IGA, N Sundeen, Y Hernandez Adjourn as Board of Health, Convene as Board of County Commissioners 5. Resolution Authorizing Renewable Energy Mitigation Program Expenditures, Cindy Houben 6. 1"Reading and and Set for Public Hearing 10/23, Personnel Policy Revisions, Amy Barwick ADMINISTRATIVE ACTIONS 1. Resolution Amending Administrative Policy Concerning Contracts, Debbie Quinn 2. 1s`Reading, Set for Public Hearing 10/23, Owl Creek Trail Easement Ordinance, Dale Will (PN 9/28) 3. 1st Reading,Set for Public Hearing 10/23, Resolution Authorizing Housing Office IGA with City of Aspen (Amending Resolution 02-132), Brian Pettet (PN 10/12) 4. 1"Reading, Set for Public Hearing 10/23, Resolution Concerning County Surveyor, D Quinn (PN 10/12) ADMINISTRATIVE PUBLIC HEARINGS 5. 2nd Reading, Annexation IGA with Town of Basalt, E Sassano, (to be continued to 11/6/02) 3:00 PUBLIC COMMENT, COMMISSIONER COMMENTS, PROCLAMATIONS LAND USE AGENDA CONSENT PUBLIC HEARINGS 1. Reeder/Johnson Appeal of Hearing Officer Determination, (to be continued to 10/23/02), S Wolff 2. Webster Expansion of Non-Conforming Structure, (PN 09/07/02), B McNellis CONSENT ACTIONS 3. Kirianoff(South Parcel) Conceptual Subdivision/PUD, 1041 Hazard Review, Special Review & GMQS Exemption, 2❑d Reading, S Wolff LAND USE PUBLIC HEARINGS 4. Capitol Creek Cabin Reinstatement of Vested Rights and Minor Amendment to Development Permit, (PN 09/07/02), B McNellis 5. Western Adventures Snowmobile Operation Annual Review, (PN 09/07/02), L Clarke 6. Crystal Island Ranch Subdivision/PUD Conceptual Submission, GMQS Exemption, 1041 Hazard Review, Special Review, 15c Reading, (PN 09/07/02), S Wolff LAND USE ACTIONS 7. Droste Takings Determination, S Wolff& J Ely 8. Andlinger 1041 Hazard Review and Amendment to a Development Permit—Water Line, C Houben BOCC OPEN DISCUSSION ADJOURN APPROVED OCTOBER 23,2002 MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR MEETING OCTOBER 9, 2002 NOTE: For all staff memorandums and associated documents, including additional exhibits submitted, refer to BOCC PACKET for October 9,2002 CALL TO ORDER: Chairperson Clapper convened the regular meeting of the Board of County Commissioners at 2:00 p.m. COMMISSION MEMBERS PRESENT: Commissioners Patti Kay-Clapper, Dorothea Farris, Shellie Roy, Mick Ireland and Jack Hatfield ADDITIONS/DELETIONS TO AGENDA: None AMENDMENTS TO AGENDA: The following items were pulled from the Consent Agenda: • Communicable Disease IGA • Vagneur Abatement Petition • Personnel Policy Revisions CONSENT AGENDA: APPROVAL OF MINUTES OF SEPTEMBER 10 AND 24Tn SPECIAL MEETINGS AND SEPTEMBER 25 REGULAR MEETING—STAFF PERSON: JEANETTE JONES, CLERK TO THE BOARD OF COUNTY COMMISSIONERS RESOLUTION APPROVING AN ABATEMENT PETITION FOR PROPERTY TAX REFUND FOR DUANE PIFFER—MOTION TO APPROVE—STAFF PERSON: CAROL FOOTE,DEPUTY COUNTY TREASURER BOARD OF COUNTY COMMISSIONERS I REGULAR MEETING OCTOBER 9,2002 RESOLUTION APPROVING AN ABATEMENT PETITION FOR PROPERTY TAX REFUND FOR THE BLOCK FAMILY TRUST—MOTION TO APPROVE— STAFF PERSON: CAROL FOOTE,DEPUTY COUNTY TREASURER RESOLUTION APPROVING AN ABATEMENT PETITION FOR PROPERTY TAX REFUND FOR 706 NORTH SPRUCE STREET C/O ARNOLD PORATH— MOTION TO APPROVE—STAFF PERSON: CAROL FOOTE,DEPUTY COUNTY TREASURER RESOLUTION APPOINTING DOROTHEA FARRIS TO THE TRANSIT ADVISORY COMMITTEE—STAFF PERSON: DEBBIE QUINN,ASSISTANT COUNTY MANAGER RESOLUTION APPROVING EXPENDITURES OF FUNDS GENERATED THROUGH THE RENEWABLE ENERGY MITIGATION PROGRAM - MOTION TO APPROVE - STAFF PERSON: CINDY HOUBEN, COMMUNTIY DEVELOPMENT DIRECTOR Commissioner Hatfield moved approval of the Consent Actions Agenda. Commissioner Farris seconded the motion. Motion passed unanimously. RESOLUTION APPROVING AN ABATEMENT PETITION FOR PROPERTY TAX REFUND FOR KATHRYN AND CLYDE VAGNEUR-MOTION TO APPROVE WITH DIRECTION TO STAFF—STAFF PERSON: CAROL FOOTE, DEPUTY COUNTY TREASURER Commissioner Farris moved approval of the Resolution with direction to staff that it be made clear in the resolution that this property is being assessed as residential property not as vacant land. Commissioner Hatfield seconded the motion. Motion passed unanimously. FIRST READING—RESOLUTION MAKING REVISIONS TO THE PITKIN COUNTY PERSONNEL POLICIES AND PROCEDURES MANUAL—MOTION TO APPROVE AND SET FOR SECOND READING AND PUBLIC HEARING ON OCTOBER 23, 2002—STAFF PERSON: AMY BARWICK,HEALTH AND HUMAN SERVCIES DIRECTOR Commissioner Farris requested that staff provided her with a memo, as these revisions are being used, to show how the changes are working. Commissioner Farris moved approval of the Resolution on first reading and set for second reading and public hearing on October 23,2002. Commissioner Hatfield seconded the motion. Motion passed unanimously. BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING OCTOBER 9,2002 BOARD OF COUNTY COMMISSIONERS SITTING AS THE BOARD OF HEALTH Commissioner Clapper entertained a motion to convene as the Board of Health to consider the communicable disease intergovernmental agreement. FIRST READING—INTERGOVERNMENTAL AGREEMENT BETWEEN COUNTIES OF EAGLE, GARFIELD, GRAND,JACKSON,MOFFAT, PITKIN, RHO BLANCO,ROUTT AND SUMMIT, STATE OF COLORADO—MOTION TO APPROVE AND SET FOR SECOND READING ON OCTOBER 23,2002 Commissioner Farris moved to convene as the Board of Health. Commissioner Hatfield seconded the motion. Motion passed unanimously. Commissioner Clapper moved approval of first reading of the agreement and set for second reading and public hearing on October 23,2002. Commissioner Ireland seconded the motion. Motion passed unanimously. Commissioner Farris moved to adjourn as the Board of Health. Commissioner Hatfield seconded the motion. Motion passed unanimously. ADMINISTRATIVE ACTIONS: RESOLUTION AMENDING ADMINISTRATIVE POLICY CONCERNING CONTRACTS—MOTION TO APPROVE—STAFF PERSON: DEBBIE QUINN, ASSISTANT COUNTY MANAGER Commissioner Roy moved approval of the Resolution. Commissioner Farris seconded the motion. Motion passed unanimously. FIRST READING—ORDINANCE APPROVING THE ACCEPTANCE OF A TRAIL EASEMENT FROM OWL CREEK RANCH—MOTION TO APPROVE AND SET FOR SECOND READING ON OCTOBER 23, 2002 —STAFF PERSON: DALE WILL, OPEN SPACE AND TRAILS DIRECTOR Commissioner Hatfield moved approval of first reading of the Ordinance and set for second reading and public hearing on October 23,2002. Commissioner Roy seconded the motion. Motion passed unanimously. FIRST READING—RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASPEN AND PITKIN COUNTY FORMING A MULTI-JURISDICTIONAL HOUSING AUTHORITY—MOTION TO APPROVE ON FIRST READING AND SET FOR SECOND READING AND PUBLIC HEARING ON OCTOBER 23, 2002— STAFF PERSON: BRIAN PETTET, ROAD AND BRIDGE DIRECTOR BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING OCTOBER 9,2002 Commissioner Roy suggested an amendment to the agreement that the master plan update fall under the special projects category rather than operations. Commissioner Hatfield reiterated his comment from previous hearings on this matter that he would not be supporting the IGA because he feels very strongly that the county should form its own housing authority. Commissioner Ireland moved approval of first reading of the Resolution approving an IGA with the City of Aspen,with the suggestion by Commissioner Roy, regarding future master plans, and set for second reading and public hearing on October 23,2002. Commissioner Farris seconded the motion. Motion passed with four yea votes and one nay vote by Commissioner Hatfield. FIRST READING—RESOLUTION CONCERNING THE COUNTY SURVEYOR MOTION TO APPROVE FIRST READING AND SET FOR SECOND READING ON OCTOBER 23, 2002—STAFF PERSON: DEBBIE QUINN, ASSISTANT COUNTY MANAGER Commissioner Clapper moved approval of first reading of the Resolution and set for second reading and public hearing on October 23,2002. Commissioner Farris seconded the motion. Motion passed unanimously. ADMINISTRATIVE PUBLIC HEARINGS SECOND READING—INTERGOVERNMENTAL AGREEMENT WITH THE TOWN OF BASALT RE: ANNEXATIONS—MOTION TO CONTINUE TO NOVEMBER 6,2002 Chairperson Clapper opened the hearing on this matter to public comment. There being no comment she closed the public hearing and entertained a motion from the Board to continue this matter to November 6, 2002. Commissioner Ireland moved to continue this item to November 6, 2002. Commissioner Farris seconded the motion. Motion passed unanimously. Commissioner Hatfield moved to add a discussion about reconsideration of the Bane Tracts approval to the Land Use Agenda. Commissioner Ireland seconded the motion. Motion passed unanimously. PUBLIC COMMENT: MZ Beezie III appeared before the Board to encourage the establishment of the Glenwood Springs to Aspen railroad trunk line. Lada Vrady appeared before the Board to discuss issues associated with the irrigation ditch that runs past the airport. BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING OCTOBER 9,2002 Staff was directed to work with Mr. Vrady to help clean any debris from the ditch. Additionally, Hilary Smith, County Manager asked to meet with Mr. Vrady to further discuss his issues with respect to the ditch and other matters that he has commented on during the past. COMMISSIONER COMMENTS: Commissioners Clapper and Ireland gave an update on the local sports events. Commissioner Ireland reminded everyone that early voting starts on October 21 and absentee ballots are available today. Additionally, he clarified some reports on the entrance to Aspen and explained that the Maroon Creek Bridge has the potential of suddenly becoming unsafe due to the fact that running water undermines it. He said the time to replace the bridge is before it becomes dangerous not after it becomes dangerous. PROCLAMATIONS: None DISCUSSION ON RECONSIDERATION OF THE BANE TRACTS DEVELOPMENT AGREEMENT APPROVED ON SEPTEMBER 25, 2002—NO ACTION TAKEN Commissioner Hatfield commented that he is bringing this to the Board for discussion because of circumstances and information that has come to his and the Board's attention since the approval was granted. He said that after representations by the applicant's representative, at two different hearings, he believed absolutely that this was a good development plan for the community. Since then, he has found out that in fact,there was a missing element in this discussion concerning the potential sale of the property. He explained that he made his decision based on what he thought was the applicant's representative's elusions to the family not being in any hurry to develop the property, etc., etc. He said taking that to heart,having worked with Roz and the family over the years, since the rural and remote days, he felt confident that what they were doing was in fact what they were saying. Now having found this out,he questions whether the fact that there could be, or might have been, a sale of the property he wonders if in fact, the same kind of statements could be made about the new owner and the desire to preserve the land as the Turnbulls have done. He proceeded to read into the record the following statement of the applicant's attorney, Gideon Kaufman, at the September 1 Ith meeting: " We are not going to sit here and say that there will be no development on this property for 20 years. I think that we're saying is that there are five family members in on it and the intention is not to put any kind of pressure on us to develop it within that time frame." Commissioner Hatfield said this is a very significant statement for him because it essentially says there is no pressure, because he inferred that the family was going to hold the property continually. He continued with Mr. Kaufman's statement as follows: BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING OCTOBER 9,2002 "There is no intention of putting 15,000 square foot houses on this particular property. But I think they would like to have the comfort level of knowing that if nothing happens for 10 years or 15 years, or whatever the time line is that no one has to rush out and do anything. And this is a perfect example of that kind of protection that benefits everybody." Commissioner Hatfield said he has to say, those words were significant for him and his decision to grant both the vesting and the exemption to future mitigation for housing. He said apparently there was an on-going discussion about a sale and he thinks that contradicts what this statement says, and therefore, he felt it necessary to bring this up in a public forum to have a discussion. He said he believes the public, the applicant's representatives, our staff, our board, all expect the county commissioners to act and interact at the highest standards with the highest ethics in our community. He said he also believes that the applicant's representatives also need to live by that same standard. He said he would like to get an understanding as to what Mr. Gideon's statement means relative to what apparently happened in a short time thereafter. So that is why he is asking to have this discussion, with the Board, at this time. Gideon Kaufman, Attorney for the applicants, proceeded to read the following statement into the record: "I am sorry if my statements were misinterpreted or if there is a feeling that the commissioners were mislead. We were, and continue to be, excited about the project that we have taken through this land use process. It is the same project that you were excited about just two weeks ago, that the Crystal River Caucus was excited about, and that you gave your approvals to at the last meeting. I think it is important to leave out personalities and people aside, and concentrate on the wonderful project that was approved for this property. We continue to believe that the project is deserving of the approvals that were received from you. The benefits the County received remain in tact, as does the one house on 500-acre limitation. As we have said all along, the extending vesting and protections that were received will help insure that the vision for the ranch will continue whether it is the Turnbulls, the Wexners, or any other owner. When the Crystal River Caucus was told of the plans and the potential new ownership, their response was a round of applause for the Turnbulls, in appreciation that the ranch would continue and fulfill the caucus and AG committee's goals for this particular property." Mr. Kaufman said to Commissioner Hatfield that as far as the quote that he has, to him the development that everyone was concerned about was the 15,000 square foot development. He said there continues to be absolutely no plans for that development. He said there have been discussions about the sale of this property and there is even a contract, but they are contingencies, and one thing about real estate is, no one knows whether something is going to close or not close. He said the bottom line was they came forward to you with a plan that we thought was great for the property. As the Turnbulls' said in their letter, that they wanted very much to insure that the property would continue to operate as a ranch. A copy of the Turnbulls' letter is attached to the packet and is listed under additional exhibits to the record as EXHIBIT "A". BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING OCTOBER 9,2002 Mr. Kaufman continued by stating that there is nothing about their application that changes, in any way, no matter who owns that property. He said his goal was to convince the board that the benefits of this property and the land use approval to this property conferred upon the county, was such that they were deserving of what was granted to them, and those approvals bind. He said one of the comments that he made at the last meeting was very specific, when he said that the wonderful part of this project is that it binds the Turnbulls and future owners, to the one house on 500 acres. He did not say it was under contract, because he does not feel it is appropriate for him to say that something is under contract. If there were something unique that was being granted to the Turnbulls, that a future could not abide by or bring to the property, then it would be encumbrant upon him to tell the board about something that may or may not happen. He said what they truly believed that what they brought in front of the board was everything that the AG Committee wanted, and everything that everybody else wanted. And the thing they were looking to do, with the new ownership, was even better that it would continue to be one tract rather than five tracts and continue to be operated as a ranch. Additionally he said that Mat Turnbull, who had left the valley, is so excited about the prospect that he will have an opportunity to move back to manage the ranch. He said if this doesn't happen the ranch would still be bound by the development agreement. He finished by saying that the important thing when they come forward with a land use application, is to bind the land and be committed to whatever representations are made about the land. As far as who owns the land,to him, is not the issue here, it's what goes with the land. He said he is 100 percent confident, in having talked with the future owners, if they are, that there are no plans for 15,000 square foot homes for the next 10, 15 or even 20 years. Additionally,he said that the commitments that are made on the land, those run with the land, those continue to run with the land, and that is what vested property rights are about. He said he feels very strongly that it is a wonderful application, it's a wonderful project, and the board did the right thing in what they did the last week He said he apologizes if the board feels he mislead them. Commissioner Hatfield said he does not think that the he was intentionally misled. However, by omission or misunderstanding those could be yes. Commissioner Farris said she agrees that the development approval runs with the land. However, she has a concern that there is no employee mitigation. She asked if there was any room for discussion that above 5750 square feet impact fees would apply? Mr. Kaufman said he does not think the approvals should be changed in any way. With respect to employee mitigation there has never been affordable housing criteria that has been adopted, that applies specifically to ranches. He said one of the issues is that ranching is a seasonal type operation and affordable housing mitigation that does not give credit for that. He said he would have to talk to the Turnbulls, but he would commit that when they come forward with any kind of plans for this particular property that they would be willing to talk and work with the board concerning mitigation as long as they can get credits for mitigation that is involved in seasonal type situations. He said as the BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING OCTOBER 9,2002 code changes they will be happy to look at that and talk about that if an when a project ever comes forward that has a house size of over 5750 square feet. Commissioner Ireland questioned what the preliminary plans are for the ranch under the new ownership? Mr. Kaufman said the preliminary plans, which they have talked about, is operating it as one ranch, having barns, running a horse and a cattle operation on it, having a home for a ranch manager, having development for people who work on the ranch, and one free- market house for people who will live on the ranch. Commissioner Ireland said what the owners are asking is that they be given benefits, having their rights protected to build 15,000 square foot houses for 20 years, protect their rights with the 500 acre subdivision and immunize them against any affordable housing mitigation that may be needed in the event that the future owner(s) decide to go with a 15,000 square foot house. He questioned what the public benefit would be for the board? Mr. Kaufman said the exemption for employee housing mitigation was granted because the county was getting the tremendous benefit of one house on 500 acres. The only thing that has changed is who the owner might be. Glenn Horn, Consulting Planner, for the Tumbulls said there weren't a lot of choices for them as to how to address the planning for this property. And they felt that the 500-acre choice was the best choice because it creates the opportunity to do something with the property in a ranch style development. He said even though they are not anticipating 15,000 square foot houses, the approval associated with that plan, creates the only mechanism for someone to really pursue a ranch style development. Commissioner Ireland said the previous decision was a bad decision. He said the whole story needs to be told right up front. And he thinks that warrants reconsideration because he thinks the Board relied on the notion that this property was going to remain in the hands of the current owners and that there were no plans by them, or anyone else, for development of the ranch. Roz Turnbull said she would not want the board to feel misled in any way, but as everyone knows,they have spent a long time trying to figure out how to do something with these ranches years ago. She asked Mick if he could once believe in the goodness that could happen? She said her husband has looked after this land for a long time, he looks after it working hard, he does a great job but they cannot do it forever. She said the possibility of having one person take all of the tracts, keep it as a ranch and hire their son to run it, was too good to be true. She said the discouraging thing is the Board does not distinguish between good and bad developments. This is 500 acres of land with a one house. She said she thinks the Board is going to be really happy with what they are doing with their ranch and they see it as a win-win situation. She urged the Board to look at this as a positive thing and give it a chance. BOARD OF COUNTY COMMISSIONERS 8 REGULAR MEETING OCTOBER 9,2002 Commissioner Roy said it has been shown, by example that when people know what they have, they act differently than when they are afraid that they are going to lose something, and a good example is the Wildcat Ranch. She said the ranch is being preserved by an element in our own code, and she made her decision based on this land. Bob Perry commented that he is very distressed by this whole procedure here today. He questioned what kind of a message is being sent to the remainder of the owners of large parcels of land when a deal that is obviously, as good as this for the sellers and probably for the buyers, and a benefit to the county, has this much controversy? Commissioner Hatfield said we are here today because of his absolute concern about the representations made during the last hearing. He said he thought about what he was doing and understood the consequences of getting people riled. He said it took a form of undefined courage to bring this up, because he has worked with Gideon Kaufman for a long time and he just misunderstood. But now he understands, by omission, the facts were not on the table. He said he is ready to end this now and will not ask for reconsideration of the development agreement. Commissioner Ireland said he would like to see the transcripts of today's proceedings and a transcript of the meeting he missed. He said he predicts that this property will be developed with big homes, and he continues to think that large, 15,000 square-foot homes should be located in urban areas where services are provided and not in remote areas. Mr. Kaufman thanked the Board for listening to them and told Commissioner Hatfield that he respected his comments and was certainly glad to have the opportunity to explain his point of view to the Board as well. LAND USE AGENDA: CONSENT PUBLIC HEARINGS: REEDER/JOHNSON APPEAL OF HEARING OFFICER DETERMINATION— MOTION TO CONTINUE TO OCTOBER 239 2002 —STAFF PLANNER: SUZANNE WOLFF—APPLICANT: LYLE REEDER/JOHNSON RESOLUTION GRANTING APPROVAL OF THE WEBSTER EXPANSION/RESTORATION OF A NON-CONFORMING STRUCTURE WITH MINOR BUILDING MODIFICATIONS—MOTION TO APPROVE—STAFF PLANNER: BRIAN MCNELLIS—APPLICANT: STEVE AND LINDA WEBSTER Chairperson Clapper opened the hearing to public comment on the Consent Public Hearings Agenda. There being no comment, she closed the public hearings and brought the matters back to the Board for action. BOARD OF COUNTY COMMISSIONERS 9 REGULAR MEETING OCTOBER 9,2002 Commissioner Hatfield moved approval of the continuation of the Reeder/Johnson application and the Resolution approving the Webster application. Commissioner Farris seconded the motion with an amendment to the Webster Resolution eliminating Condition No. 3. She explained that due to the fact that they are reducing the size of the deck,this recital no longer applies. Commissioner Hatfield left the meeting to attend to a priority business matter out of town. Peter Martin, member of the Planning and Zoning Commission, requested that he be able to voice his support, as an individual member of the P&Z, of the Jelinek application at this time due to the fact that he has another meeting. He said he wants to acknowledge and applaud the efforts of the applicant, the staff and the Planning and Zoning Commission to meet the goals of the county with this project. CONSENT ACTIONS: RESOLUTION APPROVING THE KIRIANOFF SOUTH PARCEL SUBDIVISION/PUD CONCEPTUAL SUBMISSION, 1041 HAZARD REVIEW, SPECIAL REVIW AND GM S EXEMPTION—MOTION TO APPROVE— STAFF PLANNER: SUZANNE WOLFF—APPLICANTS: PAT KIRIANOFF AND DR. GREGORY KIRIANOFF Staff s memorandum and associated documentation associated with this application is contained in the BOCC packet for this meeting. Commissioner Hatfield moved approval of the Resolution. Commissioner Hatfield seconded the motion. Motion passed with four yea votes and one nay vote by Commissioner Ireland. Commissioner Ireland stated that it his belief that 15,000 square foot houses, in non-urban areas, are inappropriate and create problems that the county does not have the money to solve. LAND USE PUBLIC HEARINGS: RESOLUTION GRANTING APPROVAL FOR REINSTATEMENT OF VESTED REAL PROPERTY RIGHTS FOR THE CAPITOL CREEK CABIN LLC PROPERTY—MOTION TO APPROVE—STAFF PLANNER: BRIAN MCNELLIS—APPLICANTS: CAPITOL CREEK CABIN LLC Brian McNellis proceeded with a presentation associated with this application as addressed in his memorandum, which is contained in the BOCC packet for this meeting. Commissioner Farris moved approval of the Resolution keeping the dog prohibition in place. Commissioner Ireland seconded the motion. BOARD OF COUNTY COMMISSIONERS 10 REGULAR MEETING OCTOBER 9,2002 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. WESTERN ADVENTURES SPECIAL REVIEW FOR SNOWMOBILE OPERATIONS—ANNUAL REVIEW—MOTION TO APPROVE—STAFF PLANNER: LANCE CLARKE—APPLICANT: HOWARD VAGNEUR Lance Clarke proceeded with a presentation associated with this application as addressed in his memorandum, which is contained in the BOCC packet for this meeting. Chairperson Clapper opened the hearing to public comment. Daniel Delano and Frank Peters appeared before the Board to voice their opposition to the snowmobile operation as stated in their letter dated September 30, 2002 and contained in the BOCC packet for this meeting. Howard Vagneur stated that he went to the site with Norm Marrah with the Environmental Health Department in early April, after they re-seeded the area, and Mr. Marrah told him everything was fine. He said as far as thistle vegetation, he is not sure that this issue is in his jurisdiction, because he is only there in the wintertime. There being no further public comment Commissioner Clapper closed the public hearing on the Vagneur application. Commissioner Ireland said he thinks that as a condition of approval, the operation should not be allowed to operate on county roads for any reason. After a discussion with respect to the ownership of the road and consideration of the comments by Mr. Delano and Peters it was the consensus of commission members that a site visit should be scheduled in the spring to look at the impacts issue. Commissioner Farris moved approval of the annual review for the Vagneur Special Review for a Snowmobile Operation with direction to staff to schedule a site visit in the spring and that the county road not be used for a staging area. Commissioner Ireland seconded the motion. Motion passed with three yea votes and one nay vote by Commissioner Roy due to the fact that she disagreed with the restriction on the road. FIRST READING -RESOLUTION APPROVING THE CRYSTAL ISLAND RANCH SUBDIVISION PUD CONCEPTUAL SUBMISSION, 1041 HAZARD REVIEW, SPECIAL REVIEW AND GM S EXEMPTION—MOTION TO APPROVE AND SET FOR SECOND READING ON NOVEMBER 6, 2002— STAFF PLANNER: SUZANNE WOLFF—APPLICANTS: RICHARD JELINEK, DEBBIE JELINEK,DUCK MEADOW A LLC, DUCK MEADOW B LLC,DJF RANCH,INC. BOARD OF COUNTY COMMISSIONERS 11 REGULAR MEETING OCTOBER 9,2002 Suzanne Wolff, Staff Planner, gave a presentation associated with this application as addressed in his memorandum, which is contained in the BOCC packet for this meeting. Commissioner Roy moved approval of the Resolution approving the Crystal Island Ranch Subdivision conceptual submission. Commissioner Farris 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. LAND USE ACTIONS: RESOLUTION OF THE BOARD OF COUNTY COMMISISONERS' DETERMINATION OF NO TAKINGS AS A RESULT OF THE DENIAL OF THE DROSTE RANCH SUBDIVISION/PUD APPLICATION—MOTION TO APPROVE—STAFF PLANNER: SUZANNE WOLFF—STAFF PERSON: JOHN ELY, COUNTY ATTORNEY—APPLICANT PETER C. DROSTE AND PETER C. DROSTE CHILDREN'S TRUST County Attorney, John Ely's, memorandum associated with this application, is contained in the BOCC packet for this meeting. Wayne Schroeder, Attorney for the Droste family,proceeded with his comments associated with this matter as addressed in his letter dated September 24, 2002, which is contained in the BOCC packet for this meeting. Commissioner Ireland moved approval of the Resolution that no takings has occurred on the Droste application as a result of the denial of the Droste Ranch Subdivision/PUD application. Commissioner Farris seconded the motion. Motion passed with four yea votes. Commissioner Hatfield absent. RESOLUTION OVERTURNING THE DRAFT RESOLUTION OF DENIAL AND APPROVING THE ANDLINGER PROPERTIES CAPITAL CORPORATION REQUEST FOR A 1041 HAZARD REVIEW APPROVAL REGARDING THE WATERLINE AND DEVELOPMENT OF THE SPRING—MOTION TO OVERRULE STAFF'S RECOMEMNDATION AND APPROVE THE REQUEST BY THE APPLICANTS—STAFF PLANNER: CINDY HOUBEN APPLICANT: ANDLINGER PROPERTIES CAPITAL CORPORATION Cindy Houben, Community Development Director, gave a presentation associated with this application as addressed in her memorandum, which is contained in the BOCC packet for this meeting. Ms. Houben submitted an additional letter for the record from Carla Block, representing the Environmental Health Department. A copy of this letter is BOARD OF COUNTY COMMISSIONERS 12 REGULAR MEETING OCTOBER 9,2002 attached to the packet and is listed under additional exhibits to the record as EXHIBIT «B» Commissioner Ireland commented that he thinks staff s point about undoing things is well taken. However, he thinks the overall public benefit will be better served by having a less impactive water treatment facility and having the wetlands restored so he would move approval of the Andlinger application regarding the waterline and development of the spring. Commissioner Roy seconded the motion. Motion passed with four yea votes. Commissioner Hatfield absent. ADJOURNMENT: The meeting was adjourned at 6:30 p.m. BOARD OF COUNTY COMMISSIONERS 13 REGULAR MEETING OCTOBER 9,2002 Kctfully sub ' ed, J ette Jones erk t the Board of County Commissioners Patti Kay-Clap�er, Chairperson Board of County Commissioners Pcjmj\ww\g\minutes\2002\10092002 BOARD OF COUNTY COMMISSIONERS I REGULAR MEETING OCTOBER 9,2002 / ADDITIONAL EXHIBITS SUBMITTED AT THE OCTOBER 9,2002 PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS MEETING EXHIBIT AGENDA ITEM EXHIBIT DATE NO. A Bane Tracts Development Letter from Roz and Tom Turnbull to 10-03-2002 Agreement—The Four Bar Ranch the Pitkin County Board of County Commissioners B Andlinger 1041 Hazard Review and E-mail Correspondence from Carla 10-17-2001 Amendment to a Development Block, Environmental Health Permit—Water Line Department to Tamara Pregl, Staff Planner Jul -07-02 10 : 33A Yusem / Horn 970 925-t--t- P.02 EXHIBIT ROZ AND TOM TURNBULL P.O. Box 686 Carbondale, Colorado 81623 97Q-963-2888 October 3, 2002 Pitkin County Board of County Commissioners 506 East Main Street Aspen, Colorado 81611 Re: The Four Bar Ranch Dear Commissioners.- Tom and I would like to share with you the exciting future in store for our Four Bar Ranch, located at the base of Mt. Sopris, 6 miles from Carbondale. For more than 40 years,the Turnbull Family has been privileged to enjoy and care for our 2,300 acre ranch located at the base of Mt. Sopris. Good land stewardship has enabled wildlife to flourish and traditional ranch activities to dovetail into a unique ranch operation. The ranch was homesteaded in the 1800s by the Bane and St. John families, and the property has been managed as a livestock operation for 120 years. As you know,we have been actively involved with the Agricultural Committee for over six years, working diligently with the County, exploring ways to help the continuation of ranching operations in this valley. The goals of the Committee and the County are to seek opportunities for ranchers to preserve ranching, and address the difficulties of federal estate taxes, while providing an opportunity for the ranchers to sell land after years of wonderful stewardship. While the Agricultural Committee process is ongoing, no new Code provisions have yet been ad opted. We decided the best solution for our family and the land was the existing simple growth management incentive to split the ranch into 500-acre tracts. Therefore, in January of this year, our 2,300 acre ranch was divided into five parcels. Four parcels of 500 acres each were conveyed to our children. One parcel was retained by Roa. We hired Gideon and Glenn to secure the land use approvals for our land,which we felt best preserved ranching and wildlife opportunities. In May, we received approvals for one 15,000 square foot single-family residence on each 500 acre tract, and 5,750 square feet plus TDRs on the 230-acre parcel. Twenty year extended vested property rights for our development plan were granted on September 11 of this year. The intent of our approvals was the preservation of the ranch, while preserving the economic value associated with a large home. Jul -07-02 10 : 33A Yusem / Horn 970 925+t P.03 Board of County Commissioners October 3, 2002 Page 2 During the land use process, we asked our friend, Bob Starodoj, if he knew of anyone who had a similar vision for our ranch, and who would be good stewards of the land. After 40 years of hard work, we find ourselves in our 60s knowing that it is time to pass the ranch on to the next generation, as the Banes, St. Johns, and Love families had done before us. Bob Starodoj approached Les and Abigail Wexner, whom he knew had an interest in a cattle and horse ranch. The Wexner Family, with four children, mirrored our family in size. They also share our values and vision for the modest size of development that should take place on the ranch. We feel fortunate that they will be acquiring the ranch. The Wexners are excited about the ranch, and it is a wonderful solution for our family. We get to see this beautiful land that we have worked so hard to protect and take care of continue as a working ranch. The ranch operation will be run by our son, Mat, who will take the ranch into the new century. Mat and his family, along with Les and Abigail Wexner, will be sharing the dream of raising horses and cattle on the upgraded Four Bar Ranch. So many of the things we wanted to do to improve the ranch, but were unable to, can now be accomplished. The irrigation system, ditches, and fences can be adequately maintained and upgraded. New fire, stock, and fishing ponds can be built. The fishing habitat on Prince Creek can be improved. The St. John Reservoir can be repaired. The historic Bane cabins can be restored. Housing for ranch hands and a ranch manager, and agricultural facilities to enable the ranch to move into the 21"century as a horse and cattle operation can be constructed. The free-market housing contemplated for the property will be complementary, as well as seconds in size and scale, to the agricultural buildings secondary g g and ranch operation. The approvals that you granted that run with the land have found their wayinto the hands of the next generation of ownership. 9 p We are confident that the Wexners will continue the tradition of ranching and land stewardship that has been a part of the Bane Tracts for over one hundred years. While the existing ranch operation will be run by Mat and continue in the Turnbull Family tradition, the Pitkin Countyland use approvals and t pp long-term vesting are an important key to make this long-term land use plan work. Development of the five tracts with large homes is n ro 9 of contemplated, and while the property has been split into five tracts, it will continue to be operated as one ranch. As we said at our land use hearing last week, we are confident that will be pleased with the product of the land use r you process. v1/e thank you for helping us with these land use approvals, thus creating a win-win situation for Pitkin Count and for i Y our family. The land can cont inue nue to be run as an active livestock operation for years to come. Since M`�Z Roz Turnbull c Tory Tumbulf y SMITH :_ NO,948 P.1 EXHIBIT 011056 AM p 17 O1 -06001 RIc: A�adha 6 ' l _� i X-Sender. carlab(a Olm ons .�' - s Eudora Pro Version 4.2.0.58 X-Mailer: QUALCOMM Window Wed 17 Oct2001 08:56:00 -0600 Date. � To: Tamara Pregl < arg p a ci aspen.co.us> From: Carla Block<carlab@d.aspen.ca.us> er wells Subject: , Re; •- .Mai1S caAne r: Found to be clean X ECS � • there are other alt+�rnativ�c s. Trc sting � The aziswer to yvus' question is�'ES, th r � is ssibd.6 tbfo�ugh several processes such as.•. hydrogen sulfide po • 1) Aeration 2) Potassium Pe rmaage hate 3) chlorination 4) Charcoal filters , 5 Rp (Reverse osmosis)} tame , • autsicie source -using a haldin$ I 6) �auhng m water from an . • wells. We do reguii'e a There are no state or local regulatios�a for PRIVATE we • of an a 'cation, which chcc for the olo test with the submission pPh . bacter1 gy • test comes back positive, We e� tlic . e se n ce of Barra bade spa. If flue tlu � � information on how to disuzfe ct the well in an attempt to get rid of applicant informa • not to do an g about it, that is the a nt �f the applicant chooses Y . bacteria, but ' v�emen� If the applicant chooses to do mroarc eatenssve of our departments uivol quality tcsting, as the Aga g dlin ere did the results give ladditiarisl water Qu� . ' Had w ' about tb�e quality water they are Using e information to the applicant of water they were been asked for advice ou how to handle the poor quality . receiving fro�aoa.the wells, we would have stic=3 some options such as.... R new locations meet setbacks from, ew location as long as the �. t 1) exploring for a new , t ' stc= and have prior county approvals9 the sepnc sY • st to discuss treatment op�looaS. 2 contacting a water treatment spc cash g i I'a t=c know if you have any other que stuns. f I Thanlo f cb At 04;26 FM 10 f 12 2W 1 , you Wrote: Carla, ms is letter to our de cnt in which one of the clai Torn Smith subiittendn d a ted for Tamara Psee <taiaasaP co.pitl�da.co.us} . 1 f i sl _SEP.25.2002-M-10:20Ah`lAUST I N PE I RCE & SDI I TH NO.948 P I3 Alf" vsr • 10 J 17 JO1 -Q6W9 R.e.An Q:Welu Carla Bloc 08.86 A� • ' v We were drilled as water Vs tern was because " that the instal],e�tian of the . ch at law b • n suMclewhy for h oge loorth tosted positive � the property, dc�asl imtant, �d at hi8hh • corrosive and a { Coi�lCentratlOnB Can� COST � conce nttatinns can be poisonous." that de exit dace }� had;indicated to me your - whcn we spoke awhile Hers if the • -water but tries to educate Pr��9 � not regulate the quality of wat which I am � (BacteriOlOgy); .with a positive Bac-T Test i water test come s back the h ogen sulfide. e claiming with ydr � • is �e n nt��what��y � � assuw�aing • sunvu. give the water a rorttcsi � o en sul5dc, which Y am.as g gi i If someone has hyd=' g , , e the one for the • when is to stcd what are � � e smcu, in there water whe with de ent that they Would word = . r Hers? Is this so�oaething a other c`p�ions to porope ty - t T asx� as�ng is were they or some oue else. Baslcauy wha, stem? Any on tt�n � a water sup�y 9y owner for the water beside pt� g tion for a the prope�y I am � to gat-her �orn�a , You can gave i ne =uld be greato help y r evacat' th% on he armg on Nc member 14 �. Tamara ' �w�+�.r.r��r wr Ar v.r�.—r w.•-d.r rr nr Ar Tamara Pregl cat � ' Co�as3auraity Develo�p�!aent De Aspen f Pitldn 130 south Galena street Aspen, CO 81612 970-920-51.03 (phone) ' 970-920-5439 (fAA ,•bzgjj.WWW.M,&§9gn4co.0 o � in htnl • Oar]ra Block .Environ3nental Health 920-5438 , moon Pre <tamarap a' o•pitkia.co.us> Pri�atstl for Tamara � - TRZ ASPER TIMIS s 310 East Main Street, Aspen, Colorado 81611 � p PROOF OF PUBLICATION STATE OF COLORADO } ) Ss. COUNTY OF PITKIN } PUBLIC NOTICE RE:REEDER/JOHNSON APPEAL OF HEARING OFFICER DETERMINATION NO.32-2002(P049-02) y NOTICE IS HEREBY GIVEN that a public hearing I, Andy Stone/Jenna Weatherred do solemnly swear that I will be held on Wednesday,October 9,2002 at aregular S am PUBLISHER of the ASPEN TIMES WEEKLY; that the thereafter easi the ng t onduct of bn at usiness PM all as ee- •`, fore the Board of County Commissioners,Plaza same is a weekly newspaper printed, in whole or in part, and One Conference Room,530 E.Main St.,Aspen to published in the County of PITKIN, State of Colorado and has consider an application submitted by Lyle Reeder &Stanford Johnson.The applicant is appealing a general circulation therein; that said newspaper has been the Hearing Officer Determination denying the published continuous) and uninterruptedly In said Count of approval of a second dwelling unit and accessory ' p y p y y caretaker unit.The property is within Aspen's Ur- Pitkin for a period of more than fifty-two consecutive weeks ban Growth Boundary.The property is located at 333 South 2nd Street;and is described as Tract A next prior to the first publication of the annexed legal notice or of Parcel A, Government Lot 20, located in the .' SEI/4 of Section 12,Township 10 South,Range 85 y - advertisement; that said newspaper has been admitted to the West of the 6th P.M. The application/resolution om- United States mails as second-class matter under the rovi- are available for public inspection in the p munity Development Department, City Hall,, 130 130 Infor- sions of the Act of March 3 1879 or any amendments there- S.Galena St.,Aspen CO For further - r r Wolff mation,contact Suzanne Wolff at(970)9205093.3. of, and that said newspaper is a weekly newspaper duly quaff- Jeanette Jones,Deputy County Clerk Board of County Commissioners ified for publishing legal notices and advertisements within the Published in The Aspen Times on September 7, meaning of the laws of the State of Colorado. 2002.(9298) That the annexed legal notice or advertisement was published j in the regular and entire Issue of every number of said week- ly newspaper for the period of�_ consecutive insertions; and that the first publicati of said notice was in the issue of said newspaper dated + A.D.,20 0_ ,and the last publication of said notice was in the issue of said newspaper dated _ A. D. 20 62 _ . In witness whereof I have hereunto set my hand. Publisher' Subscribed and sworn to before me, a notary public in and for the ounty of Pitkin, State of Colorado, this �_ day of A.D., 20 i (SEAL) Notary Public My Commission expires THE ASPEN TIMZS 310 East Main Street, Aspen, Colorado 81611 PROOF OF PUBLICATION P4+ STATE OF COLORADO } .l ) SS. COUNTY OF PITKIN } -- PUBLIC NOTICE I RE:WEBSTER EXPANSION OF A NON-CONFORM- I, Andy Stone /Jenna WeathefTed do solemnly swear that i NON-CONFORM- ING (PI I I-0z) am PUBLISHER of the ASPEN TIMES WEEKLY; that the NOTICE IS HEREBY GIVEN that a public hearing same is a weekly newspaper printed, in whole or in part, and will be held on Wednesday,October 9,2002 at a published in the County of PITKIN State of Colorado and has regular meeting to begin at bus PM or as soon � thereafter as the conduct of business allows,be- a general circulation therein; that said newspaper has been fore the Board of County Commissioners,Plaza published continuously and uninterruptedly in said County of One Conference Room,530 E.m Main St.,Aspen to consider an application submitted by Steve Web- Pitkin for a period of more than fifty-two consecutive weeks ster, for Expansion of a Nonconforming Struc- next prior to the first publication of the annexed legal notice or lure.The applicant proposes to eliminate existing i decks and construct new deck in different loca- advertisement; that said newspaper has been admitted to the tions,with no net increase in the floor area.The United States mails as second-class matter under the provi- property is known as Lot 23 Ridge of Red Moun- sions of the Act of March 9, 1879, or any amendments there- rain, (az salvation circle), Aspen The applica- tion/ resolution are available for public inspec- of, and that said newspaper Is a weekly newspaper duly Ctual- Lion in the Community Development Department, ified for publishing legal notices and advertisements within the City Hall,130S.Galena St.,Aspen COSISLI. For further information,contact Brian McNellis at meaning of the laws of the State of Colorado. (970)920.5092. Jeanette Jones,Deputy County Clerk That the annexed legal notice or advertisement was published Board of County Commissioners Published in The Aspen Times on September 7, f in the regular and entire issue of every number of said week- 2002.(9299) ly newspaper for the period of consecutive insertions; and that the first publicati of said notice was in the issue of said newspaper dated A.D.,20 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. n Pub0sher Subscribed and sworn to before me, a notary public in and for the Co � unty of Pitkin, State of Colorado, this _� day of JCS. -A.D., 20 0,-L .i (SEAL) Notary Public - My Commission expires la -06-OZ Tnz ASPEN TIMES 310 East Main Street, Aspen, Colorado 81611 n PROOF OF PUBLICATION �b-9-oZ STATE OF COLORADO } ) Ss. COUNTY OF PITKIN } 1, Jenny Weafherred do solemnly swear that I am PUBLISH- PUBLIC NOTICE NOTICE 15 HEREBY GIVEN TO'THE GENERAL ER of the ASPEN TIMES WEEKLY; that the same is a week- PUBLIC That on September 25.2002 it,,Board of County Con missionen of Pltkin Count)••Cul.'a ly newspaper printed, in whole or in part, and published in the do,adopted Resolulinu I88-2o112 Apprnvi w Find- ing*a Taking and Reniedlaling the Taking to,AI- County of PITKIN, State of Colorado and has a general circu- cayla Partnership.LET'1041 Hazard 12eview.Cnn tattoo therein; that said newspaper has been published con - ccptual Submission and Caretaker Dwelling UrilIt,, pmpertp surialed In a mast of land In the tinuously and uninterruptedly in said County of Pit in NW'I/4NwJ/4 of Section 2. Township 9 South,or a Range sn west of the 6th Principal Meridian Pit- period of more than fifty-two consecutive weeks next prior to kin Connie cobradu This approval of a site specilic develnpmeut plan fnehmdes a vested the first publication of the annexed legal notice or advertise- property right purmiant to 'Title 24 Article 68, ment; that said newspaper has been admitted to the United 1R1 Jeanette Jones Deputy County Clerk States mails as second-class matter under the provisions of NOTICE IS HEREBY GIVEN 'TO THE GENERAL the Act of March 3, 1879, or any amendments thereof, and PUBLIC:That Tin September 25,2002 tie Board or County Commissioners of Pltkin County, Coura- that said newspaper is a weekly newspaper duly qualified for do,adopted Resolntinn 189-2002 Granting Special publishing legal notices and advertisements within the mean- Review. Scenic Overlay Review and GMOS E. e mption of Commercial Developments with Negl4 ing of the laws of the State of Colorado. gible Growth Impacts and Changes in Use to the R,vx Roaring Fork Radio site on Smuggler Mun- twin fur property situated in it pm'tion of land in the SEI A ,,the NEI/4 01 Section 7,Township 10. That the annexed legal notice or advertisement was published South,Range 64 West,of we sixth Principal Meri- in the regular and entire issue of every number of said week . Coun[y. s dian Pltkin "This approval nl a he spe- sins development plan Includes a vested proper 14 m ly newspaper for the period of consecutive insertions; ty right pursuant to"Title 24,Article 68,CRS, ,eaneteJones,Depmml,•CountycJerk and that the first publication of said notice was in the issue of ✓ �( said newspaper dated DtE NOTICE IS HEREM GIVEN TO THE GENERAL CrP/r G f�f A.D., 20 O-� , and PUBuc Thad Tin Octnher 9. 2002 the Board of County Conunissioners of Pltkin County, Colura- the last publication of said notice was in the issue of said do,adopted Re`.nln,lnn,94-20112 Granting nppa,- vat d pte Welder Expansion2 Granting of e newspaper dated _��G I� A. D. 20 _L_ Non-conformins Strnetnre will, Minor Building Mudificafinns for lot 2:3,Ridge of Red Mnumain Subdivision. 'I"his approval of a site specific de� In witness whereof I have here Unto set my hand. veh,pnen plan include,:t vested properly tight t� pursuant to Tit,24,Article 68,CRS. /• �V I r -- Jeanette Jones. EB) r k County Cle YV NOTICE IS HEREBY obey TO THE [ioard of✓w P PUBLIC: 11io.i on October 9, 2002 the. Board of _ — County CommLssloners of Pltkin Count Y.Gilur.,- �yr Publ er do,adopted Rtsulut a 195-2002 Granting Apput- �r val for Reinstatenn nl of Vested Real Properly Rights lot the C'apitul Creek Cable for property Subscribed and sworn to before me, a notary public in and for situated In a Intel of land iu Secttons :3 and •1, uwnship 9 Somm.Range 96 we.t of the 6th Prtn the County of Pltkin . _ day of a.pal Me ndi ut. 9'hi al.pinval of , vil:.apex di, r gState of Colorado, this d Veh,Immnt plan mmindcS a veld grope„y \�}F e A.D., 20 5� • right l ur a nut to l'llh rt Ar1Ick 68 CRS Icam tt Juries,Deputy(.only Ch rk I'nblished Ih The Aspen 'I'fines on December 14, (SEAL) h�c — ------ 4ru,' , Notary Public My Commission expires l �'k' 0THEd� ASPIN � � z 310 East Main Street, Aspen, Colorado 81611 . I VP i PROOF OF PUBLICATION r r: STATE OF COLORADO } n•= } ss. COUNTY OF PITKIN ) PUBLIC NOTICE •I RE: CAPITOL CREEK CABIN LLC REINSTATE- , MENT OF VESTED RIGHTS AND MINOR AMEND 1, Andy Stone /Jenna Weatherred do solemnly swear that I MENTTO DEVELOPMENT PERMIT(P12M2) am PUBLISHER of the ASPEN TIMES WEEKLY; that the NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday,October 9,2002 at a ' same is a weekly newspaper printed, in whole or in part, and B B regular meeting to begin at 3:00 PM or as soon thereafter as the conduct of business allows, published in the County of PITKIN, e o Colorado State and has Plaza fore the Board of County Commissioners,Plaza a general circulation therein; that said newspaper has been One Conference Room,530 E.Main St.,Aspen to consider an application submitted by Capitol published continuously and uninterruptedly in said County of Creek Cabin LLC, to reinstate the vested rights Pitkin for a period of more than fifty-two consecutive weeks for three years the conditions of(expired In approval to eli o eli and to amend minate dog pro- next prior to the first publication of the annexed legal notice or hibition.The property is located on Capitol Creek advertisement; that said news a er has been admitted to the Road (formerly known as Satracts llamas p p Properties)and is described as a tract of land sit- United States mails as second-class matter under the provi- uated in Section 3 and 4, Township 9 South, Range B5 West of the 6th P.M. The sions of the Act of March 3, 1879, or any amendments there- application/resolution are available for public in- art- of, and that said newspaper is a weekly newspaper duly quai- ment,oC In the Community Development ee CO , ment, City Hail, 130 S. Galena St., Aspen CO Ified for publishing legal notices and advertisements within the 81611. meaning of the laws of the State of Colorado. For further information,contact Brian McNellis at g (970)920-5092. Jeanette Jones,Deputy County Clerk Board of County Commissioners That the annexed legal notice or advertisement was published 2002.(9296) The Aspen Times on September 7, 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 - A.D.,20 Qom_ ,and the last publication of said notice was In the issue of said newspaper dated A. D. 20 Q 2- In witness whereof I have hereunto set my hand. " n ublisher Subscribed and sworn to before me, a notary publ' in and for the C unty of Pitkin, State of Colorado, this day of 5� A.D., 20 � (SEAL) Notary Public I My Commission expires la-06 "82-- 3 � f .. I : Tuz ASPEN TIMES 310 East Main Street, Aspen, Colorado 81611 PROOF OF PUBLICATION , STATE OF COLORADO } ) Ss. .L COUNTY OF PITKIN } a , PUBL .: I I, And Stone /Jenne Weatherred do solemnly swear that I ADVENTURES SPECIAL : - Y RE: WESTERN ADVENTURES SPECIAL USE PER- am PUBLISHER of the ASPEN TIMES WEEKLY; that the MIT(PI2fr02) NOTICE IS HEREBY GIVEN.that a public hearing same Is a weekly newspaper printed, in whole or in part, and will be held on Wednesday,October 9,2002 at a published In the County of PITKIN, State of Colorado and has regular meeting to begin at bus PM or as soon thereafter as the conduct of business allows,be- a general circulation therein; that said newspaper has been fore the Board of County Commissioners,Plaza ' one Conference Room,530 E.Main St.,Aspen to published continuously and uninterruptedly in said County of consider an application submitted by Howard Va- Pitkin for a period of more than fifty-two consecutive weeks gneur with Western Adventures,Inc.,for the an- nual review for a commercial snowmobile opera- next prior to the first publication of the annexed legal notice or tion.The property is located at Woody Creek/Le- t nado Area.The application/resolution are availa- advertisement; that said newspaper has been admitted to the ble for public inspection in the Community Devel- United States mails as second-class matter under the P Asp rove- Asp ent Department,city Hall, 130 S.Galena St., en co 81611. sions of the Act of March 3, 1879, or any amendments there- For further Information,contact Lance Clarke at 970)920-5452. of, and that said newspaper is a weekly newspaper duly qual- Jea ( nette Jones,Deputy County Clerk ifled for publishing notices and advertisements within the Board of county commissioners p 9 legal Published in The Aspen Times on September 7, meaning of the laws of the State of Colorado. 2002.(9300) That the annexed legal notice or advertisement was published ;j 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 t said newspaper dated 5—R_ A.D.,20 _ ,and the last publication of;�sai{d-`notice was in the issue of said newspaper dated —_<` '— A. D. 20 0 In witness whereof I have hereunto set my hand. AkAblisher Subscribed and sworn to before me, a notary public in and for the County of Pitkin, State of Colorado, this C� day of A.D., 20 � . (SEAL) .i Notary Public l My Commission expires \ Qb '6Z -t c9 THE ASPEN TIM11 310 East Main Street, Aspen, Colorado 81611 1 PROOF OF PUBLICATION STATE OF COLORADO } x. ) SS. COUNTY OF PITKIN } PUBLIC NOTICE 1, Andy Stone/Jenna Weathen'ed do solemnly swear that I RE: CRYSTAL ISLAND RANCH SUBDMSION/PUD CONCEPTUAL SUBMISSION, GMQS EXEMPTION, am PUBLISHER of the ASPEN TIMES WEEKLY; that the A 1041 HAZARD REVIEW&SPECIAL REVIEW FOR same is a weekly newspaper printed, in whole or in part, and TDR RECEIVER SITES(P141-01) published in the County of PITKIN State of Colorado and has NOTICE HEREBY GIVEN that a public hearing , will be heell d on Wednesday,October 9.2002 at a a general circulation therein; that said newspaper has been regular meeting to begin at 3:00 PM or as soon thereafter as the conduct of business allows,he- published continuously and uninterruptedly in said County of fore the Board of County Commissioners,Plaza cutive weeks Pitkin for a period of more than fifty-two conse one Conference Room,530 E.Main St.,Aspen to consider an application submitted by Richard Je- next prior to the first publication of the annexed legal notice or linek,Debbie Jelinek,Duck Meadow A LLC,Duck .i Meadow B LLC,and DJF Ranch Inc.,to subdivide advertisement; that said newspaper has been admitted to the two existing parcels into 27 lots,6 of which are United States mails as second-class matter under the provi- configured around existing development or previ- ously approved building envelopes. The follow- sions of the Act of March 3, 1879, or any amendments there- ing approvals are requested and required: of, and that said newspaper is a weekly newspaper duly qual- • ]0 to Hazard Review and Conceptual Submis- sion to establish building envelopes; ified for publishing legal notices and advertisements within the •Conceptual Subdivision; r �+ Planned Unit Development to vary the mini- meaning of the laws of the to State of Colorado. mum lot area requirement; •GMQS Exemption and Special Review to estab- lish 19 of the lots as TDR receiver sites,each of That the annexed legal notice or advertisement was published which will accommodate a maximum of 5,000 In the regular and entire issue of eve number of said week- square feet of poor area; every •GMQS Exemption and Special Review to estab- ,,.., ly newspaper for the period of�_ consecutive insertions; lish several lots as TDR receiver sites,each of which will accommodate a maximum of 10,750 and that the first publicat n of said notice was In the issue of square feet of floor area; said newspaper dated A.D.,20 �� ,and GMQS Exemption for single family dwelling units on 35+ acre parcels created prior to;. the last publication of said notice was in the issue of said lno/ol. ` A. D. 2U G,., The property Includes a 1216 acre parcel off of '•' newspaper dated (2— Thomas Road and a 400 acre parcel off of Prince Creek Road and is legally described as tracts of land situated In Sections 22,23,24,25,26 and 27, In witness whereof I have hereunto set my hand. Township 8 South,Range 88 West of the 6th P.M. _ The application/resolution are available for pub- , / tic inspection in the Community Development De- partment,City Hall,130 S.Galena St.,Aspen CO 81611. _ For further information,contact Suzanne Wolff at 1 Publi er (970)920-5093. Jeanette Jones,Deputy County Clerk Board of County Commissioners Published in The Aspen Times on September 7, Subscribed and sworn to before me, a notary pub'c in and for 2002.(9297) the County of Pitkin State of Colorado, this day of S' A.D., 20 ,. (SEAL) (��✓`� IQ` � Q�� W Notary Public My Commission expires . A ,I f '�1