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HomeMy WebLinkAbout2019.04.04 OSTB Regular Session Minutes_S MINUTES OPEN SPACE AND TRAILS BOARD REGULAR SESSION April 4, 2019 530 E Main Street,Aspen OSTB Present: Graeme Means Howie Mallory Amy Barrow Michael Kinsley Wayne Ives Dist. 1, Chair Dist. 2 Dist. 3 Dist. 4 Dist. 5 Staff Present: Gary Tennenbaum, Jessie Young, Janet Urquhart, Kim Arensdorf, Dale Will, Leslie Lamont, Suzanne Wolff Others Present: Wayne Ethridge, Ellen Anderson, Bland Nesbit, Linda Koones, Margie McNamara, Grafton Smith, Suzanne Stephens, Matt Annabel, Lee Bowers, Lenny Oates Graeme Means called the meeting to order at 9:03 a.m. PUBLIC COMMENT Wayne Ethridge, chair of the W/J Ranch Metropolitan District HOA, commented on a briefing provided to the Woody Creek Caucus from Mike Moore, a Black Hills Energy representative, regarding the construction project to install an alternative gas line through McLain Flats Road into Aspen. Ethridge stated that during the meeting Black Hills Energy was asked if any alternative routes for the pipeline had been considered, he stated that Moore explained that OST staff had been broached for a potential option to route the gas line through the Rio Grande Trail (RGT), and it was not endorsed by OST staff Ethridge asked the OSTB to reconsider moving the trail to RGT, stating it was far less distributive than McLain flats road. Ellen Anderson,participant for the Woody Creek Caucus, stated that the gas line project is not an emergency being that it is a backup gas line. Therefore, she asked if Pitkin County could take time to reassess the alinement of the gas line. Graeme Means noted this being the first time the OSTB hearing of the gas line being alternatively routed through the RGT, recommending first going through the BOCC for the request. Gary Tennenbaum explained that OST did not receive a formal application from Black Hills Energy to put the gas line through the RGT. The request would also need to be presented to BOCC, Tennenbaum said. Howie Mallory commented that traffic disruption should be minimized for this project and would consider other options,providing the OSTB receive additional details. Mallory also asked what the process would entail if the gas line be positioned through the RGT. Tennenbaum explained that the RGT is a Pitkin County owned property, therefore, many details would need to be resolved in granting an easement, including going through all of the existing deeds. He also explained that Black Hills Energy is a utility, which has a legal right to use the McLain Flats Road as a road right-of-way to install the gas line, with restrictions by Pitkin County. 04/04/2019 OSTB Regular Session Minutes Page 1 of 8 Tennenbaum stated that if Black Hills Energy does submit a formal proposal to use the RGT for the gas line the BOCC will have the final decision, but will seek the OSTB recommendation. Means clarified that the OSTB would be open to looking into alternative options for the gas line, however the initiative would need to come from the BOCC. Wayne Ethridge and Ellen Anderson left at 9:15 a.m. APPROVAL OF THE MINUTES Michael Kinsley moved to approve the OSTB regular session minutes and joint OSTB-BOCC regular and executive session minutes of March 5, 2019 and OSTB special session minutes of March 18, 2019 as amended. Wayne Ives seconded. Motion passed(5-0). Jaffee River Trail Dog Policy Tennenbaum explained the process OST conducted to determine amending the dog off-leash policy for Jaffee River Trail. OST provided an online survey for public comment, the results showing the majority of the public in favor of dog off-leash, under voice and sight control. OST also conducted a wildlife survey to look at any potential wildlife constraints in the Jaffee River Trail area, the results reflected that the area is not considered critical wildlife habitat and Colorado Parks and Wildlife is supportive of the dogs off leash policy. Therefore, OST staff asks that the OSTB recommend to the BOCC to allow a dog off-leash area from the entrance of the Jaffee River Trail to the RGT connection. Tennenbaum explained that an ordinance is needed from the BOCC in order to change the title 12 current regulations. Jessie Young commented if any future issues arise from allowing dogs off-leash then OST will take that into account and reconsider the policy. Bland Nesbit commented that Jaffee River Trail is a great place for locals to take dogs off-leash. She explained that the trail users are very respectful of rafters, also keeping dogs on-leash until the head of the trail. Linda Koones also voiced her support for dogs off leash on the Jaffee River Trail. Margie McNamara commented that the trail area is very local-friendly and dogs are kept under voice and sight control. Mallory asked if the voice command regulation has any standard conditions. Tennenbaum explained that dogs must be under voice control and able to respond to their owners. Mallory commended the process conducted by OST. Wayne Ives commented on the survey having 88% of the public in support of dogs off leash. It is beneficial to have some local areas available to have dogs off leash due to many trails requiring leashes, Ives said. Amy Barrow noted her support for dogs off leash on the trail, stating that it is a great amenity for the community. 04/04/2019 OSTB Regular Session Minutes Page 2 of 8 Board action below Bland Nesbit, Linda Koones and Margie McNamara left at 9:41 a.m. Leslie Lamont, Dale Will, Suzanne Stephens and Matt Annabel entered at 9:45 a.m. Referrals Oxenberg GMQS Tennenbaum commented on two referrals OST staff is currently working on with Community Development staff,both applicants involving growth management quota system(GMQS). The first referral applicant: Bob Oxenberg, property located below Deer Creek at 2520 Lower River Road, Lot 6. The applicant and RFTA are currently debating the right of way for a section of the RGT located outside of the 100-foot RFTA corridor on the Oxenberg property, Tennenbaum said. Oxenberg is offering an easement to resolve the RGT encroachment and the preservation of agricultural/pasture areas and wildlife habitat areas on the parcel. Tennenbaum stated that if feasible OST could also look into to re-aligning the trail within the existing RFTA Corridor. Jessie Young explained that Oxenberg is requesting to subdivide their 39-acre parcel into three parcels. The applicant is competing in the GMQS to obtain subdivision allotment for two new lots, Young said, therefore offering the easement along the RGT and a deed restriction for the agriculture and wildlife areas. Young explained that OST is also requesting the applicant offer a fishing easement along the property riverfront, which would fill the gap of existing fishing easements to achieve a contiguous stretch. Young stated OST would like to resolve the property encroachment of the RGT outside of the RFTA 100 foot right of way. Leslie Lamont explained that the applicant had submitted a planned unit development(PUD) subdivision, as one of the parcels will be under 10 acres. Lamont stated that the applicant is competing with square footage through subdivision by GMQS, with underlining AR-10 zoning. The property holds a significant wildlife area the applicant is delineating outside of their activity envelopes, therefore, staff would like to see a concrete conservation easement, Lamont said. Grafton Smith, representation for Bob Oxenberg, stated that within the context of the application Oxenberg is committed to granting OST an easement for the encroachment of the RGT through the property, which equals one point towards the GMQS. He explained that additionally through the application, Oxenberg went with the PUD subdivision in order to preserve agriculture and wildlife areas in perpetuity. The applicant is willing to dedicate the conservation easement per Pitkin County's recommendations in order to protect from future residential development, Smith said. He stated that the fishing easement is not currently offered in the current application, however, the client may offer it in the future through the GMQS process. Kinsley asked what Pitkin County can do with designations to maintain the native vegetation. Young stated OST can include that into a conservation easement. Means asked about the connectivity of the river from hills on the parcel for wildlife. Mallory commented that the current subdivision request has the proposed buildings spread out, it would 04/04/2019 OSTB Regular Session Minutes Page 3 of 8 be better to cluster the development to support wildlife connectivity. Tennenbaum stated OST is proposing Oxenberg cluster development to increase connected wildlife acreage. Mallory asked what the underlying residence size and Transfer of Development Rights (TDRs) are available for the parcels. Smith commented that the underlying zoning is AR-10, which allows building development of 15K sq. ft. for each parcel, Oxenberg is asking for 8,250 sq. ft. for the two new subdivided parcels with no changes to the existing residential parcel. Tennenbaum stated that OST is concerned about large residential parcels, and OST can revise the referral letter to limit the development size to 8,250 sq. ft. OSTB referral letter additions: 1.) The BOCC should consider a building configuration that optimizes wildlife habitat, especially habitat connectivity, the OSTB does not support subdivisions that fragment wildlife habitat. 2.) A conservation easement should be established on all the wildlife and agricultural areas. 3.) Securing an easement on the section of the RGT that may be outside the existing easement would be an important public benefit and should be part of any approval. 4.) The fishing easement on both sides would be an important public benefit. 5.) The approval should eliminate the potential for future residential development. 6.) The residential development be limited to 8250 sq. ft. Board action below Grafton Smith and Leslie Lamont left at 10.40 a.m. 1762 Red Mountain Road GMQS Tennenbaum explained the second OST referral; 1762 Red Mountain Road GMQS allotment application and establishment of activity envelope approvals. The applicant, Irwin N. Gold Family Trust, is requesting GMQS approval for an urban area allotment of 2,762 square feet of additional floor area on an existing lot and the designation of an activity envelope. Tennenbaum stated the applicant is proposing a $15K donation to the Hunter Creek Cooperative Plan and Interpretive project that OST is currently working on with the Aspen Historical Society and the City of Aspen in order to receive the GMQS points. The efforts identified in the project are to be funded partially by the County and partially through private donations. Tennenbaum asked if OSTB would like to accept the $15k donation for the referral. OSTB referral comments: 1.) The applicant is requesting additional floor area which is similar to a TDR, and the market value of a TDR is significantly higher than $15K. 2.) The donation offered is inadequate in relation to the respective development allotment and encourages the applicant to consider a more substantive amount to earn the requested GMQS points. Board action below Lee Bowers and Lenny Oates entered at 10:50 a.m. 04/04/2019 OSTB Regular Session Minutes Page 4 of 8 Richard Neiley and Suzanne Wolff entered at 11 a.m. Aspen Valley Land Trust Conservation Plan Dale Will commented on a 2018 OST retreat that AVLT staff attended, to which they provided a wildlife mapping application that will be used for a conservation plan through public process to ask constituents what items ought to be included for future conservation and how it will be structured. Suzanne Stephens commented on receiving data from the Watershed Biodiversity Initiative (WBI), which will be included in AVLT's future plans. Stephens also thanked OSTB for the Red Hill Trail support. Matt Annabel explained the AVLT is currently at the data collection and analysis stage for the conservation plan. Based on the data there will then be a strategic planning process, which will take place summer and fall of 2019, then implement the conservation plan for 2020 and beyond, Annabel said. Annabel provided AVLT's presentation for the conservation plan process: The first stage being data collection and analysis, which will include; habitat biodiversity, agricultural lands, and protected areas riparian areas. AVLT would like to incorporate community development and recreational use data, also working with Pitkin County and town planners. AVLT would like to understand where there are opportunities to improve and distinguish where any conflict zones might exist in regards to wildlife. Currently AVLT is embarking on community engagement to determine what conservation needs to be looked at in the future. AVLT will host listening sessions to include three public forums: Aspen, Rifle, and mid-Roaring Fork Valley. Eight focus groups will be included: agency and nonprofit partners, agriculture, education, recreation and tourism, next generation, western Garfield County, former AVLT board and staff members, and AVLT donors and land owners. A community survey will be launched in mid-April, available for anyone to participate. Annabel asked how the OSTB would be interested in participating in the community engagement process, and ways to partner with AVLT. Stephens noted that the OST will have two opportunities to weigh into the conservation plan, either in the beginning stage during data collection and analysis, or after the information is collected and maps are provided to determine where development is appropriate. Mallory questioned how the conservation plan results will relay to recommendations for land planning and development decisions for the region. Stephens explained the WBI's process, in which biodiversity data collection will be gathered over the next two years, then included in mapping integration to evaluate potential areas for conservation. In the meantime, AVLT will also be looking into agricultural aspects, as well as reaching out to the community to assess potential conservation or community development areas, Stephens said. Kinsley stated his support of the project and questioned how OST could be involved in the process. Will suggested OST staff generate ideas of how best to get involved in the process and then provide suggestions at a future OSTB meeting. 04/04/2019 OSTB Regular Session Minutes Page 5 of 8 Crystal Basin Holdings,LLC Trail Easement Richard Neiley explained that the trail easement is a condition set forth in a land use application with the BOCC regarding Crystal Basin Holdings, LLC property in Coal Basin. The BOCC Resolution No. 138-2018 approved the Crystal Basin Holdings LLC (CBH) activity envelope and site plan review for trails and restoration, which included a condition that the applicant grant a trail easement to Pitkin County. Part of the Resolution condition is that OSTB accept the trail easement as an asset into the OST program for public use, then recommend the BOCC accept that trail easement. Neiley explained that the trail easement, once accepted, can be modified or removed in the future. He also stated as currently drafted, the trail easement provides an option, but not a requirement, that in the event the owners are no longer interested in operation the trails OST program has the option to assume management of the trail easement. Lee Bowers, representation for the owners of CHB and property manager for the 221 acre parcel containing the trail easement, explained that the owners of the property want restoration, recreation, and education to be the vision of the parcel, and an amenity for the community. He stated that the owners are avid bikers, who would like to restore erosion areas of the property and open the trail to the public. The Forest Service was consulted in regards to partnering with the trail project, and while they don't endorse development on private land, they are open to partnering on upgrading the existing parking area, Bowers said. One other condition of the Resolution is to provide emergency services communication for regularly scheduled user groups, Bowers said, which will be included in the restoration construction. Trail building through Progressive Trail Design, will start in July, 2019 and would go through the summer season with a grand opening summer of 2020. Suzanne Wolf stated that the applicant had to go through the standard land use approval process including the activity envelope and trail alignment. Wolff stated that the Crystal River Caucus reviewed the land use application and sent an objection to the BOCC, stating concerns about impacts to the surrounding Forest Service land. Bowers explained that any connection the trail will have to Forest Service land will have signage to indicate the area is not approved for mountain bike usage. He stated that if a trail were to be illegally constructed from property to Forest Service property, the owners will immediately close it and restore to its original design. Bowers explained that the design includes 10 foot disturbance corridor in regards to vegetation. Kinsley mentioned the bike trail having great potential to upgrade from its current condition, however expressed concern of having more mountain bikers in wildlife areas. Bowers stated that the owners hired a wildlife consultant to verify that the activity envelope will not disrupt sensitive wildlife areas. Bowers also mentioned developing relationships with the current user groups in the area, specifically the Cattleman's Association and equestrians, and working with them to focus on opportunities to educate mountain bikers about conservation of wildlife areas. Mallory requested restoration plan information regarding drainage runoff management for the property. Bowers explained that within the land use application CBH has the ability to irrigate 20 acres at a time. The restoration efforts will start in the lower section of the property at the wetlands area and will continue restoring in 20 acre blocks. Bowers stated that the pond by the 04/04/2019 OSTB Regular Session Minutes Page 6 of 8 barn will be also utilized for restoration and fire suppression needs. Due to an erosion issue an emergency ditch was previously put in along Dutch Creek and will be included in the restoration plan to catch erosion debris, Bowers said. Mean commented in regards to the trail easement having many admirable qualities. He stated that if recommended by OSTB, the motion should include that the OSTB did not have a chance to review the referral comments from the Crystal River Caucus. Board action below Lee Bowers and Lenny Oatts left at 12:10 a.m. BOARD AND STAFF COMMENTS Jessie Young provided the revised Oxenberg referral letter with the amended specifications above for OSTB review and approval. Mallory requested to add to the referral letter consideration should be given to limit and cluster the activity envelopes to ensure the conserved lands are optimized for wildlife connectivity. Means added that the OSTB needs to be kept abreast of the referral process. EXECUTIVE SESSION The OSTB entered executive session at 12:42 p.m. in accordance with(CRS 24-6-402(4)(a)), (CRS 24-6-402 (4)(e)) and(CRS 24-6-402 (4)(b)) for the purpose of acquisitions, negotiations and attorney consultation. The OSTB adjourned the executive session at 1:27 p.m. BOARD ACTION Jaffee River Trail Howie Mallory moved to recommend an ordinance from BOCC to amend the policy allowing dogs to be walked off leash under voice and sight control, along a portion of the Jaffee River Trail. Michael Kinsley seconded. Motion passed 5-0. Oxenberg GMQS Referral Michael Kinsley motioned to recommend the referral as amended to the BOCC. Howie Mallory seconded. Motion passed 5-0. 1762 Red Mountain Road GMQS Mallory motioned to decline the referral. Michael Kinsley seconded. Motion denied 5-0. Crystal Basin Holdings,LLC Trail Easement Michael Kinsley moved to recommend the BOCC accept the proposed trail easement, with the understanding that the OSTB did not review the overall land use plan nor receive the referral comments from the Crystal River Caucus. Wayne Ives seconded. Motion Passed 5-0. 04/04/2019 OSTB Regular Session Minutes Page 7 of 8 ADJOURN The OSTB Regular and Executive meetings of April 4, 2019 adjourned at 1:27 p.m. Approved: Attest: Howie Mallory, Chair Kim Arensdorf Pitkin County Open Space &Trails Board Pitkin County Open Space &Trails Administrative Specialist 04/04/2019 OSTB Regular Session Minutes Page 8 of 8