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HomeMy WebLinkAbout2018.01.11 OSTB Regular Minutes_S MINUTES OPEN SPACE AND TRAILS BOARD REGULAR SESSION January 11, 2018 Aspen Firehouse 420 E. Hopkins Ave.,Aspen OSTB Present: Graeme Means Howie Mallory Hawk Greenway Tim McFlynn, Wayne Ives, Dist. 1 Dist. 2 Dist. 3 Dist. 4 Dist. 5, Chair Staff Present: Gary Tennenbaum, Paul Holsinger, Jessie Young, Janet Urquhart, Fran Soroka, Richard Neiley, Suzanne Wolff, Dale Will Others Present: Marcella Larsen (Maroon Creek Caucus) Media Present: Aspen Times: Jason Auslander; Aspen Public Radio: Elizabeth Steward-Severy Wayne Ives called the meeting to order at 9:05 a.m. PUBLIC COMMENT No Public Comment APPROVAL OF THE MINUTES Howie Mallory moved for the OSTB to approve the following minutes and was seconded by Graeme Means: 12/12/2017 OSTB and Joint BOCC regular session minutes as amended. 12/12/2017 OSTB and Joint BOCC executive session minutes as presented. 12/12/2017 Joint BOCC executive session minutes as presented. 12/19/2017 OSTB site visit minutes as presented. 12/21/2017 OSTB work session minutes as corrected. Motion Passed. (5-0) Emma Open Space South and Schoolhouse Agricultural lease areas Tim McFlynn questioned the origins of conservation easement held by Roaring Fork Conservancy. Hawk Greenway explained that the Trust for Public Lands (TPL) granted the conservation easement on Emma Open Space parcel when TPL acquired the land. TPL facilitated the land purchase and later sold to Pitkin County with an added 10% commission. Paul Holsinger highlighted points made in the presented memos while answering board questions. The agricultural structure anticipated would be approximately 36 feet by 48 feet with a washable floor,portable water and electricity. The structure would provide facilities for prepping vegetable for market that will meet regulatory food safety guidelines. Implementing any permanent structures will take some time and will require many steps, including going through Corn. Dev. process, meetings with neighbors and referral comments from the Emma Caucus. There was a question to explain why the Agricultural Policy does not prioritize produce 1 1/11/2018 OSTB Public Packet Materials:Memo-Two Roots Agricultural Lease 1/11/2018 OSTB Regular Session Minutes Page 1 of 5 production(diverse agricultural crops) over agricultural hay production. Paul explained the Emma Open Space Management Plan (MP)provides priority for diverse agricultural crops as well as organic production when selecting lessees. The Agricultural Policy is intentionally ambiguous to cover the many types of OST properties and management plans address appropriate agricultural uses. Hawk Greenway commented that utilizing the orchard expansion area would provide better operational functionality between the Schoolhouse and South lease areas, reduce potential agricultural operator conflicts, reclaim already damaged land and the structures would have less of a visual impact. Howie Mallory felt that visible agricultural structures would showcase the program's agricultural commitment. There was discussion about locating agricultural structures in the orchard lease area and to incorporate the orchard lease area with the Schoolhouse and South Lease areas as part of the Two Roots Farm's lease. Staff will pursue structure location by working with the lessee, the caucus and conducting educational outreach meetings. Graeme Means questioned if it is possible to start implementing structures this summer which would enable the lessee to be ready for the 2019 growing season. Full process will start once BOCC approves the lease. Location simulations are already in the works. Bringing electricity and providing a well can occur simultaneously with location process. Graeme also stressed the importance of housing farmers on or in close proximity to the land and for the OST to seriously consider housing opportunities at the Mather House and other potential opportunities near Emma OS. Wayne Ives was concerned that Two Roots requested 8 foot deer fencing running parallel to Sopris Creek Road would be problematic and thought a scenic buffer between the road and fencing would be appropriate; also noting the conservation easement calls for wildlife friendly fencing. Staff responded Two Roots first efforts would be away from the road on three-four acres of the eleven acre Schoolhouse lease area limiting their fencing needs. Also, fencing would be addressed annually with the annual operating plan. How infrastructure cost sharing would be implemented was questioned. Paul responded the structure question needs to be worked out first. In the meantime bringing electricity and a well will provide the essentials for Two Root to start investing in the land and in a permanent irrigation system. NRCS has awarded Two Roots a$45,000 grant contingent upon a successful lease. Paul will be presenting at the next Emma Caucus meeting. And he plans to incorporate the caucus comments in the amend and extend process. Paul will notify the board about the Emma Caucus date. See Board Action below. Richard Neiley and Suzanne Wolff entered the meeting at 9:45 a.m. Dale Will entered the meeting at 9:55 a.m. Pitkin Community Development Land Use Referrals Kloser Referral Jessie Young and Gary described the location—7.7 acres off Little Annie Road also described as Hercules Lode Mining Claim. The applicants are seeking approval for a 1,000 sq. ft. cabin with 160 sq. ft. storage shed on a 1.6 acre activity envelope with primitive driveway access. Little Annie Road runs through the parcel dividing the parcel referred to as lower and upper. The proposed activity envelop is located on the upper parcel far from Little Annie Road in the south eastern corner of the parcel. Proposed driveway access would be from Richmond Ridge Road across Forest Service land. Board referral comments: 1/11/2018 OSTB Regular Session Minutes Page 2 of 5 a) The parcel is within the Nordic Master Plan potential areas of expansion. Maintain potential for Nordic easement. b) The lower portion of this parcel sits on an avalanche pocket and drainage area and maybe appropriate as a transferable development right (TDR). c) The width of Little Annie's Road could be the extent of the County's easement through the parcel. Exact easement would need to be determined by Attorney's office. Maintain Little Annie's Road access. At this time the applicant is not proposing two parcels because Little Annie's splits the parcel. d) Open Space program is concerned about fragmenting Forest Service lands and does not support road cuts through Forest Service lands to access private development. Forest Service will have to review proposed road cut and this will require a NEPA process. OST will have another opportunity to comment during the Forest Service review process. Wayne added in general the Forest Service guidelines would be to first look at what access is available without using Forest Service land. Richard Neiley recommended saving road comments until there is a Forest Service application which will trigger the NEPA process. e) Staff was uncertain whether any TDR's have been pulled on this site. Adjacent landowner, Marcella Larsen commented. The applicant's lower parcel on the downhill side of Little Annie Rd. has been sterilized with a TDR. Although the upper parcel has access from Little Annie, the applicant is proposing an access easement with a 350 ft. long road (driveway) access from Richmond Hill Rd. through Forest Service land to their parcel's activity envelope. She then proceeded by presenting a broader big picture land policy comment for OST consideration. The use of public lands to access private development especially when there other existing roads will lead to greater fragmentation of those public lands and in turn will ultimately impede the future implementation of the Nordic Master Plan. The issue is not limited to the Little Annie basin, but is happening in other areas of the backcountry(rural remote areas). Ms. Larsen feels the core issue is the road access through Forest Service land. Elizabeth Stewart-Severy left the meeting at 10:15 a.m. Jason Auslander left the meeting at 10:25 a.m. Maroon Creek Caucus Master Plan Referral Part of OSTB's charter is to review area master plans. Initial referrals need to be in by January 15th, there will be additional referral opportunities before Planning and Zoning scheduled March adoption. Gary summarized staff's overall plan review. The master plan is in keeping with OST mission by trying to protect the rural character of the Maroon Creek area. The plan keeps development pressure low. Staff has flagged the plan's trailhead prohibition verbiage because the area is heavily used by the public and recommends allowing some kind of responsible development for public land access with trailhead facilities. Bike trails prohibition verbiage is another point. Staff does not want to see a bike trail prohibition in the plan. OST has partnered with Aspen on the Highlands Trail, and it has always been a future thought to continue that trail up the road especially to T-Lazy 7 area whether as separated bike path or widen road shoulders. Staff does believe there is currently a bike safety issue. Maroon Creek Caucus member Marcella Larsen was available to answer master plan questions. 1/11/2018 OSTB Regular Session Minutes Page 3 of 5 Board referral comments: a) Adjust master plan's language content to reflect a more positive position about bikes and bike pathways. b) Incorporate in the master the plan the ability for pedestrian pathways up the Maroon Valley providing public access to the forest. c) Add to the master plan the ability for road, trailhead and pedestrian improvements. Marcella Larsen left the meeting at 10:40 a.m. Highlands Ranch Referral The applicant has eliminated development on the east side of Castle Creek Rd. Applicant wants to transfer the development rights from the Castle Creek Rd. Parcel to the Ranch Parcel for new barn construction. Applicant is proposing to take down the existing barn and putting in a house. Applicant is proposing a development activity envelop on the west side of Conundrum Creek Rd. (Conundrum Creek Parcel) to include a 5750 sq.ft. development right. OST staff recommends protecting the natural resources and scenic values of the Castle Creek Valley by minimizing the disturbance impacts from any new development construction activity. OST supports the applicant proposal to pursue historic designation for the Highlands Bavarian Lodge. OST would like the Ranch Parcel's northern meadow area be conserved into the future. Board questioned whether the Conundrum Creek Parcel is considered a developable lot. Suzanne Wolff responded it is under debate and hopefully the planning process would work out determining whether the Conundrum Creek Road actually creates the Conundrum Creek Parcel. Richard Neiley added the legitimacy of the Conundrum Creek Parcel (separation from the parent Mesa Parcel)would be subject to the interpretation of various underlying deeds. Board asked Suzanne what potential dwelling sizes could occur within the submitted scenario. Under the current land use code, in theory up to 15,000 sq. ft. on all activity parcels. Applicant is asking for 5,750 on the Conundrum parcel; 13,250 for new house on the Mesa Parcel and the potential to use TDR's. Board referral comments: a) Place conservation easement on the parcel east of Castle Creek Rd. and ask for conservation easement on the Ranch Parcel's northern meadow area. b) Utilize OSTB's Biodiversity Policy to explain why conservation easements are preferred conservation tool instead of deed restrictions. c) Board supports staff's recommendations to support historic designation of the Highlands Bavarian Lodge. d) Minimize construction disturbance impacts to the natural resources and scenic values. e) Minimize to the degree possible the size of the activity envelope. Jessie Young left the meeting at 11:00 a.m. BOARD COMMENTS Howie Mallory questioned whether the Commissioners received the 12/21/17 OSTB Special Work Session minutes. The Commissioners receive digitally all OSTB meeting materials which 1/11/2018 OSTB Regular Session Minutes Page 4 of 5 I/ include draft meeting minutes. OSTB December 21th draft minutes were included in the packet for today's meeting. Dale announced he will be attending the historic preservation conference, Saving Places in Denver from January 31 —February 3`d. He will miss the next OSTB meeting. Next OSTB meeting will be a joint meeting with Aspen Open Space Board on February 1s` Castle Creek Trail project and the Agricultural Tool Library will be joint agenda items. There will be a second OSTB meeting February 22nd, Gary announced. Wayne Ives announced Aspen Valley Land Trust (AVLT) has successfully purchased the property at the base of Red Hill. AVLT continues a fund raising campaign for a conservation easement and trail. Celebration fund raising party tonight at the Marble Distillery in Carbondale. BOARD ACTION Emma Open Space Agricultural Lease Areas Schoolhouse and South to Two Roots Farm, LLC Graeme Means moved for the OSTB to recommend authorizing an agricultural lease of the Emma Open Space Schoolhouse and South agricultural lease areas to Two Roots Farm, LLC. With the potential to expand these lease areas into the Orchard area. Tim McFlynn seconded. Motion passed. (5-0) EXECUTIVE SESSION The OSTB moved to enter executive session in accordance with CRS 24-6-402(4) (a)(b) and (e) for the purpose of discussing acquisitions, attorney consultation and negotiations at 11:10 a.m. The OSTB adjourned executive session at 1:05 p.m. ADJOURN The OSTB meetings of January 11, 2018 were adjourned at approximately 1:05 p.m. Approved: Attest: Wayne es, Chair ran Soroka Pitkin County Open Space &Trails Board Pitkin County Open Space &Trails Administrative Specialist 1/11/2018 OSTB Regular Session Minutes Page 5 of 5