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Home My WebLink Aboutbocc.min.reg.11-20-2019APPROVED BY k 'FK I N Board of Commissioners BOC'C ON Regular Meeting Agenda WEDNESDAY, NOVEMBER 20,2019,12:00 PM -- , BOCC Meeting Room, 1st Floor 530 E Main St, Aspen, CO 81611 (Commissioner Clapper not attending) 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 Minutes of Regular Meeting of November 6, 2019 - Jeanette Jones Individual Consideration Items: Individual Consideration Items /Public Hearing One Reading Application Submitted by Silverpeak Corporation for a New Medical Marijuana Optional Premises Cultivation Facility License and a Retail Marijuana Cultivation Facility License - Jeanette Jones Individual Consideration Items /First Readings set for Public Hearings on December 4 2019 3. Ordinance of the Board of County Commissioners Repealing Ordinance No. 014-2016 and Ordinance No. 003-2019 and Repealing and Reenacting Title 11, Section 11.32, The International Energy Conservation Code - Brian Pawl 4. Ordinance of the Board of County Commissioners Amending Title 9, Section 9.10 (Road Management Plan) - Brian Pettet, G.R. Fielding, Scott Mattice 5. Ordinance of the Board of County Commissioners Authorizing Purchase of the Harvey Conservation Easement - Dale Will Individual Consideration Items /Public Hearing 2nd Readings • Ordinance of the Board of County Commissioners Approving North Star Conservation Easement Amendment - Dale Will 7. Ordinance of the Board of County Commissioners Adopting the Updated Moore Management Plan - Lindsey Utter Ordinance Accepting Juniper Hill Donations Parcel - Dale Will Individual Consideration Items I Emergency Ordinance and Resolution Confirmatory Reading• Emergency Ordinance of the Board of County Commissioners Granting an Underground Right -of -Way Easement to Holy Cross Energy and Approving a Trench, Conduit and Vault Agreement with Holy Cross Energy to Facilitate an Interim Terminal Improvements Project at the Aspen/Pitkin County Airport - John Kinney Land Use Items: Land Use Public Hearin s: 10. Resolution - Celestial Land Company Ltd Reinstatement of Vested Rights, CONT TO 2/12/20, Suzanne Wolff 11. Second Reading of an Ordinance of the Board of County Commissioners Amending the Pitkin County Code, Specifically Title 8, of the Land Use Code, Sections 2, 4, 5, 7 and 11 (Renewable Energy) and Amendments to the Pitkin County Zoning Plan Certified by the Planning and Zoning Commission, Ellen Sassano & Cindy Houben, Zachary Hendrix AGENDA and TIMES ARE SUBJECT TO CHANGE 12. Resolution approving the Aces Toklat LLC Expansion of Non -Conforming Use or Structure with Significant Changes, Activity Envelope and Site Plan Review, and Special Review and GMQS Exemption for Caretaker Dwelling Unit (CDU), PH (PN 10/17/2019), T. Kochen 13. Ordinance Approving Sunfire Ranch Open Space Master Plan, 1st Reading (continued from 11/6/19), Suzanne Wolff Land Use Actions: 14. Resolution Granting Approval to the Elam Gravel Pit to Extend the 2019 Operating Season- Tami Kochen 15. Ordinance Approving an Amendment to Section 5-10 of the 2006 Pitkin County Land Use Code, Title 8 of the Pitkin County Code, Specifically Table 5-1.B: Dimensional Requirements Urban/Suburban Residential Zone Districts other than Affordable Housing Districts and Certification of the Pitkin County Zoning Plan - Istreading, Suzanne Wolff Open Discussion 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 November 20, 2019, were posted by full text on the Official Pitkin County Website pursuant to Pitkin County Home Rule Charter, Article I1, The Board of County Commissioners, Section 2.8. Actions. under hand and official seal this 4th day of December, 2019. Jeane eJones, Deputy C Clerk o the Board of Cd y Clerk Commissioners ,��tN CSG Seal 4.-' : a APPROVED BY BOCC ON MINUTES /-� LL— ao/- BOARD OF COUNTY COMMISSIONERS REGULAR MEETING NOVEMBER 20, 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/COLjnty-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: Greg 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 and Steve Child COMMISSION MEMBERS ABSENT: Patti Clapper due to attendance at a conference and a scheduled vacation. ADDITIONS/DELETIONS TO AGENDA: • Resolution Appointing Citizen Board Members Action: Commissioner Child moved to add this item to the Consent Items Agenda. Commissioner McNicholas Kury seconded the motion. Motion passed with four yea votes. PUBLIC COMMENTS: None COMMISSIONER COMMENTS: Commissioners gave an update on local events. CONSENT ITEMS: Consent Items/Single Reading: 1 Minutes of Regular Meeting of November 6, 2019— Motion to approve Staff Person: Jeanette Jones, Clerk to the Board Action: Commissioner Child moved approval of the minutes as written. Commissioner McNicholas Kury seconded the motion. Motion passed with four yea votes. Resolution Appointing Citizen Board Members Staff Person: Charlotte Anderson, Administration Action: Commissioner Child moved approval of the Resolution as written. Commissioner McNicholas Kury seconded the motion. Motion passed with four yea votes. Application Submitted by Silverpeak Corporation for a New Medical Marijuana Optional Premises Cultivation Facility License and a Retail Marijuana Cultivation Facility License — Motion to approve with conditions Staff Person: Jeanette Jones, Clerk to the Board, Marijuana Licensing Authority Action: Commissioner Child moved approval of the application with the following conditions: 1. That the license shall not be issued until the applicant provides proof of ownership or a lease agreement is in place. 2. That the license shall not be sent to the Colorado Department of Revenue Medical Enforcement Division until the applicant provides proof of ownership or a lease agreement is in place. 3. That the condition associated with odor mitigation on the current license be carried over to the new license when issued. Commissioner McNicholas Kury seconded the motion. Motion passed with four yea votes. Individual Consideration Items/First Readings set for Public Hearings on December 4, 2019:' Ordinance of the Board of County Commissioners Repealing Ordinance No. 014- 2016 and Ordinance No. 003-2019 and Repealing and Reenacting Title 11, Section 11.32, the International Energy Conservation Code — Motion to approve first reading Staff Person: Brian Pawl, Building Department 2 Action: Commissioner Newman moved approval of the Ordinance as written, on first reading and set for second reading on December 4th. Commissioner McNicholas Kury seconded the motion. Motion passed with four yea votes. First Reading - Ordinance Amending Title 9, Section 9.10 (Road Management Plan) — Motion to approve first reading Staff Person: Brian Pawl, Public Works Action: Commissioner Child moved approval of first reading of the Ordinance as written and set for second reading and public hearing on December 4th. Commissioner McNicholas Kury seconded the motion. Motion passed with four yea votes. INDIVIDUAL CONSIDERATION ITEMS: Individual Consideration Items/Second Readings and Public Hearings: Second Reading - Ordinance No. 038-2019 of the Board of County Commissioners Approving North Star Conservation Easement Amendment — Motion to approve Staff Person: Dale Will, Open Space and Trails Action: Commissioner Child moved approval of second reading of the Ordinance as written. Commissioner Newman seconded the motion. Motion passed with four yea votes. Second Reading — Ordinance No. 039-2019 of the Board of County Commissioners Adopting the Moore Open Space Management Plan — Motion to approve Staff Person: Lindsey Utter, Open Space and Trails Action: Commissioner Child moved approval of second reading of the Ordinance as written. Commissioner Newman seconded the motion. Motion passed with four yea votes. Resolution — Celestial Land Company Ltd Reinstatement of Vested Rights — Motion to continue to February 12, 2010 Staff Planner: Suzanne Wolff Action: Commissioner McNicholas Kury moved to continue this Resolution to February 12, 2020. Commissioner Newman seconded the motion. Motion passed with four yea votes. Second Reading — Ordinance No.040-2019 Amending the Pitkin County Code, Specifically Title 8, of the Land Use Code, Sections 2, 4, 5, 7, and 11 (Renewable 3 Energy) and Amendment to the Pitkin County Zoning Plan Certified by the Planning and Zoning Commission — Motion to approve as amended Staff Planners: Ellen Sassano, Cindy Houben and Zachary Hendrix Action: Commissioner Newman moved approval of second reading of the Ordinance as amended (recommending that outbuildings be site oriented). Commissioner McNicholas Kury seconded the motion. Motion passed with four yea votes. Resolution No. Approving the ACES Toklat LLC Expansion of Non -Conforming Use or Structure with Significant Changes, Activity Envelope and Site Plan Review and Special Review and GMQS Exemption for Caretaker Dwelling Unit (CDU) — Motion to Staff Planner: Tami Kochen Action: Commissioner Newman moved approval of the Resolution as written. Commissioner Child seconded the motion. Motion passed with four yea votes. Commissioner Newman left the meeting at this time to attend another meeting on behalf of the county. Resolution Granting Approval to the Elam Gravel Pit to Extend the 2019 Operating Season — Motion to Approve Staff Planner: Tami Kochen Action: Commissioner McNicholas Kury moved approval of the Resolution as written. Commissioner Child seconded the motion. Motion passed with three yea votes. First Reading — Ordinance Approving Sunfire Ranch Open Space Master Plan — Motion to Staff Planner: Action: Commissioner McNicholas Kury moved approval of the Ordinance as written and set for second reading and public hearing on December 18th. Commissioner Poschman seconded the motion. Motion passed with three yea votes. First Reading — Ordinance Approving an Amendment to section 5-10 of the 2006 Pitkin County Land Use Code, Title 8 of the Pitkin County Code, Specifically Table 5-1-B: Dimensional Requirements Urban/Suburban Residential Zone Districts other than Affordable Housing Districts and Certification of the Pitkin County Zoning Plan — Motion to approve first reading Staff Planner: Suzanne Wolff Action: Commissioner Child moved approval of first reading of the Ordinance as written and set for second reading and public hearing on December 18th. Commissioner McNicholas Kury seconded the motion. Motion passed with three yea votes. OPEN DISCUSSION: None ADJOURNMENT: Action: Commissioner McNicholas Kury moved to adjourn the regular meeting of the Board of County Commissioners at 7:06 p.m. Commissioner Child seconded the motion. Motion passed with three yea votes. IWA�JIM't,* Ate Jones to the Board o County Commissioners OPoschman, Chair rd of County Commissioners