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Home My WebLink Aboutbocc.min.reg.05-22-2019 APPROVED BY TKIN BOCC ON l Board of Commissioners - ��, a/ C0UNT' Regular Meeting Agenda WEDNESDAY,MAY 22,2019,12:00 PM '9 BOCC Meeting Room,1st Floor 530 E Main St,Aspen,CO 81611 Additions/Deletions to Agenda Public Comments(please limit to 3 minutes per speaker unless otherwise advised by the Chair) Commissioner Comments Consent Items:Consent items are generally perceived as non-controversial and allow the Board to spend its time on more complex items elsewhere on the agenda.A Board member or member of the public may ask for a Consent item be removed for individual consideration.Consent items typically have been discussed in work sessions with the Board and are approved by a single motion. Consent Items-Single Reading: 1. Minutes of Regular Meeting of May 8,2019-Jeanette Jones 2. Resolution of the Board of County Commissioners Appointing Citizen Board Member-Charlotte Anderson Individual Consideration Items: Individual Consideration Items/Public Hearing, 2nd Readings: 3. Ordinance of the Board of County Commissioners Accepting Development Covenants Executed by the Community Development Director from November 1,2017 through March 31,2019 in Connection with Land Use Development Approvals Pursuant to Ordinance No.032-2017-Suzanne Wolff 4. Resolution of the Board of County Commissioners Authorizing the BOCC to Enter into an Intergovernmental Agreement with the USDA,Forest Service,White River National Forest for the 2019 Annual Operating and Financial Plan-Ron Ryan 5. Resolution of the Board of County Commissioners Approving an Intergovernmental Agreement with the City of Aspen Regarding the Aspen/Pitkin County Housing Authority-Phylis Mattice 6. Ordinance of the Board of County Commissioners Amending the Pitkin County Code Title 5,Section 5.04.070(Dogs Running at Large)-Jessie Young Individual Consideration Items/Emergency Ordinance and Resolution Confirmatory Reading: 7. Emergency Resolution of the Board of County Commissioners Authorizing Entering into a Mutual Aid Agreement to Provide for Public Safety in the Event of a Significant Mud/Flood Event-Valerie Macdonald Land Use Items: Land Use Public Hearings: 8. Resolution-Celestial Land Company Ltd Reinstatement of Vested Rights,Continue to 8/28/19 Due to Stay (PN 9/7/17),Suzanne Wolff 9. Morton Appeal of Hearing Officer Determination No. 006-2018,Approving the Matthew Patel Activity Envelope Amendment&Site Plan Review for a driveway,Continued from 2/27/19 Due to Litigation Stay (PN 2/7/19),T.Kochen(P071-18) 10. Aspen Mountain Ski Area Amended and Restated SKI-REC Master Plan,Rezoning,Activity Envelope and Site Plan-Suzanne Wolff • a. Resolution of the Board of County Commissioners Approving the Amended and Restated Aspen Mountain Ski-Area SKI-REC Master Plan,Activity Envelope and Site Plan Review,Continued from 5/8/19-Suzanne Wolff b. Ordinance of the Board of County Commissioners Amending the Zoning Map for a Citizen Initiated Rezoning on Private Property Owned by the Aspen Skiing Company and a Portion of National Forest Service Lands, Continued First Reading from 4/24/19-To be Continued to 6/12/2019-Suzanne Wolff Land Use Actions: Open Discussion AGENDA and TIMES ARE SUBJECT TO CHANGE Adjourn Regular Meeting AGENDA and TIMES ARE SUBJECT TO CHANGE CERTIFICATION OF PUBLICATION I, Jeanette Jones, Deputy County Clerk to the Pitkin County Board of County Commissioners, do hereby certify that all the documents subject to a public hearing on this agenda dated May 22, 2019, were posted by full text on the Official Pitkin County Website pursuant to Pitkin County Home Rule Charter, Article II, The Board of County Commissioners, Section 2.8. Actions. Given under hand and official seal this 24th day of May, 2019. i(4114,1 S`; SEAL ea'ette Jones, Deput ounty Clerk , ; Cl: k to the Board of d ounty Commissioners ►►'cyoLoR•9o. APPROVED BY BOCC ON MINUTES p 'l - 2 Of BOARD OF COUNTY COMMISSIONERS REGULAR MEETING MAY 22, 2019 • The agenda items contained in these minutes are written in an action only format. • For a video and/or audio production of this meeting, go to: http://pitkincounty.com/374/County-Webcasts • To access the Board of County Commissioners meeting packet material, meeting minutes and final documents associated with the items listed in these minutes go to: http://pitkincounty.com/452/Browse-to-a-File CALL TO ORDER: Commissioner Poschman, Chair called the regular meeting of the Board of County Commissioners to order at 12:00 p.m. COMMISSION MEMBERS PRESENT: Commissioners Greg Poschman, George Newman, Kelly McNicholas Kury, Patti Clapper and Steve Child COMMMISSION MEMBERS NOT PRESENT: None ADDITIONS/DELETIONS TO AGENDA: None PUBLIC COMMENTS: Lee Mulcahy appeared before the Board to request a hearing associated with his notice of violation issued by the Aspen/Pitkin County Housing Authority. COMMISSIONER COMMENTS: • Announcement of upcoming local events • Condolences expressed to the family and friends for the passing of local residents Rosemary Bingham, Peter Birrfelder and Sam Coffey • Update on mental health first aid classes conducted by Mind Springs; 26 teachers graduated last weekend CONSENT ITEMS: Consent Items — Single Reading: Minutes of Regular Meeting of May 8, 2019—Motion to approve BOARD OF COUNTY COMMISSIONERS 1 REGULAR MEETING MAY 22,2019 Staff Person: Jeanette Jones, Administration Action: Commissioner Newman moved approval of the minutes as written. Commissioner Child seconded the motion. Motion passed with five yea votes. Resolution of the Board of County Commissioners Appointing Citizen Board Members —Motion to approve Staff Person: Charlotte Anderson Action: Commissioner Clapper moved approval of the Resolution as written. 1 Commissioner McNicholas Kury seconded the motion. Motion passed with five yea votes. INDIVIDUAL CONSIDERATION ITEMS: Individual Consideration Items/Second Readings Second Reading— Ordinance No. 035-2019 of the Board of County Commissioners Accepting Development Covenants Executed by the Community Development Director from November 2, 2017 through March 31, 2019 in Connection with Land Use Development Approvals as Required Pursuant to • Ordinance No. 32-2017—Motion to approve Staff Person: Suzanne Wolff, Community Development Action: Commissioner Clapper moved approval of second reading of the Ordinance as written. Commissioner Child seconded the motion. Motion passed with five yea votes. Action: Commissioner Child moved to reconsider the motion since the public hearing was not opened. Commissioner McNicholas Kury seconded the motion. Motion passed with five yea votes. Action: After the opening of the public hearing, Commissioner Clapper moved to reapprove the Ordinance. Commissioner Child seconded the motion. Motion passed with five yea votes. Second Reading—Resolution No. 036-2019 of the Board of County Commissioners Authorizing the BOCC to enter into an Intergovernmental Agreement with the USDA Forest Service, White River National Forest for the 2019 Annual Operating and Financial Plan —Motion to approve Staff Person: Ron Ryan, Sheriff BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING MAY 22,2019 Action: Commissioner Child moved approval of second reading of the Resolution as written. Commissioner Newman seconded the motion. Motion passed with five yea votes. Second Reading—Resolution No. 037-2019 of the Board of County Commissioners Repealing Resolution No's 131-1982, 003-1984, 008-1989, 179- 1999, 132-2002, 105-2007, and 092-2013 in the Entirety and Adopting a Resolution Approving an Intergovernmental Agreement between the City of Aspen and Pitkin County Establishing the Aspen/Pitkin County Housing Authority—Motion to approve Staff Person: Phylis Mattice Action: Commissioner Newman moved approval of second reading of the Resolution as written. Commissioner McNicholas Kury seconded the motion. Motion passed with five yea votes. Ordinance No. 018-2019 of the Board of County Commissioners Amending the Pitkin County Code Title 5, Section 5.04.070 (Dogs Running at Large)—Motion to approve Staff Person: Jessie Young Action: Commissioner Clapper moved approval of second reading of the Ordinance as written. Commissioner Child seconded the motion. Motion passed with five yea votes. OPEN DISCUSSION: • Discussion on upcoming bicycle event scheduled and sponsored by the Little Nell Hotel consisting of 25 people riding up Castle Creek Road to Ashcroft on June 13th It was the consensus that this event as well as any other organized event would not be allowed to bike up this road during the construction process. Additionally, that a biking event of this many riders would have to come through a permitting process. Individual Considerations Items/Emergency Ordinance Confirmatory Reading and Public Hearing Emergency Resolution No. 034-2019 of the Board of County Commissioners Authorizing Entering into a Mutual Aid Agreement to Provide for Public Safety in the Event of a Significant Mud/Flood Event—Motion to approve confirmatory reading Staff Person: Valerie Macdonald BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING MAY 22,2019 Action: Commissioner Newman moved to approve the confirmatory reading of the Resolution as written. Commissioner Clapper seconded the motion. Motion passed with five yea votes. LAND USE ITEMS: Land Use Public Hearings: Resolution — Celestial Land Company Ltd Reinstatement of Vested Rights— Motion to continue to August 28, 2019 Staff Planner: Suzanne Wolff, Community Development Action: Commissioner Clapper moved to continue this item to August 28, 2019. Commissioner Child seconded the motion. Motion passed with five yea votes. Morton Appeal of Hearing Officer Determination No. 006-2018 Approving the Matthew Patel Activity Envelope Amendment and Site Plan Review for a Driveway— Motion to remand back to the hearing officer Staff Planner: Suzanne Wolff Community Development Action: Commissioner Clapper moved to grant the appeal and remand it back to the hearing officer for finding of further fact to justify the use of Area 4 or to look at other possible opportunities to access the southern area of the activity envelope. Commissioner Newman seconded the motion for discussion Action: Commissioner Clapper amended her motion to grant the appeal and remand it back to the hearing officer for further fact-finding and for the opportunity to review the access to the southern portion through modification of the activity envelope. Commissioner Newman seconded the motion. Motion passed with five yea votes. Commissioner Clapper recused herself from participating on the Aspen Mountain application because the Aspen Skiing Company employs her son-in-law year round on Aspen Mountain. Resolution Approving the Amended and Restated Aspen Mountain Ski Area SKI REC Master Plan, Activity Envelope and Site Plan Review—Motion to continue to June 26th. Staff Planner: Suzanne Wolff Action: Commissioner Newman moved to continue the Resolution to June 26th. Commissioner Child seconded the motion. Motion passed with four yea votes. BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING MAY 22,2019 Ordinance of the Board of County Commissioners Amending the Zoning Map for a Citizen Initiated Rezoning on Private Property Owned by the Aspen Skiing Company and a Portion of National Forest Service Lands —Motion to continue to June 26th. Staff Planner: Suzanne Wolff Action: Commissioner McNicholas Kury moved to continue the Ordinance to June 26th Commissioner Child seconded the motion. Motion passed with four yea votes. ADJOURN REGULAR MEETING: Action: Commissioner Newman moved to adjourn the regular meeting of the Board of County Commissioners at 5:30 p.m. Commissioner McNicholas Kury seconded the motion. Motion passed with five yea votes. BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING MAY 22,2019 Respectfully submitted, !. Il I % d11 kko Jea -tteJones l Cle to the Board of County Commissioners 1 reg oschman, Chair �'' zu Board of County Commissioners /�� BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING MAY 22,2019