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HomeMy WebLinkAboutbocc.reg.mtg.mins.07232003MINUTES OF BOCC REGULAR MEETING JULY 23, 2003 APPROVED AUGUST 13, 2003 MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR MEETING JULY 23, 2003 NOTE: ALL ADDITIONAL EXHIBITS SUBMITTED AT THIS MEETING ARE ATTACHED TO THE END OF THE BOCC PACKET MATERIAL FOR THIS MEETING CALL TO ORDER: Chairman Hatfield opened the regular meeting of the Board of County Commissioners at 2:00 PM COMMISSION MEMBERS PRESENT: Commissioners Jack Hatfield, Mick Ireland, Dorothea Farris and Shellie Roy COMMISSION MEMBERS ABSENT: Commissioner Clapper due to vacation schedule. ADDITIONS/DELETIONS TO AGENDA: Chairman Hatfield added a resolution to the agenda appointing members to volunteer citizen boards for the Grants Review Committee. CONSENT ACTIONS: APPROVAL OF MINUTES OF REGULAR MEETING OF JULY 9, 2003, SPECIAL MEETING OF JUNE 2, 16, 24, 26, JULY 30 AND JULY 1, WORK SESSIONS OF JULY 1 AND 8, 2003- STAFF PERSON: JEANET'[~- JONES, CLERK TO THE BOARD OF COUNTY COMMISSIONERS - MOTIL)N TO APPROVE BOARD OF EQUALIZATION - RATIFICATION OF HEARING OFFICER DETERMINATIONS - STAFF PERSON: RET,A BRUEGGER, CLERK TO THE BOARD OF EQUALIZATION - MOTION TO APPROVE AS SUBMITTED BY STAFF WITH THE EXCEPTION OF THE BERNARD YOUNG PETITION, WHICH WAS CONTINUED TO AUGUST 5, 2003 CONSENT PUBLIC HEARINGS: BOARD OF COUNTY COMM1SS:GNEF. S 1 PEGUL,~R ~EET]NL _ULY 23, 20('~ FIRST READING - RESOLUTION APPROVING THE ASPEN VILLAGF METROPOLITAN DISTRICT SERVICE PLAN - STAFF PERSON: EZRA LOUTHIS MOTION TO APPROVE AND SET FOR SECOND READING ON AUGUST 13, 2003 TRANSFER OF OWNERSHIP OF LIQUOR LICENSE FOR ASPEN SKIINC' COMPANY, LLC DIBA BUMPS RESTAURANT - STAFF PERSON: JENNIFER DOSS, DEPUTY COUNTY CLERK- MOTION TO APPROVE RESOLUTION APPROVING CITIZEN BOARD APPOINTMENTS TO THE GRANTS REVIEW COMMITTEE - STAFF PERSON: KAREN SAHR, ADMINISTRATIVE SECRETARY Chairman Hatfield requested that the ratification of hearing officers' determinations be pulled from the Consent Agenda. Commissioner Farris moved approval of the Consent Actions Agenda as amended. Commissioner Roy seconded the motion. Motion passed with four yea votes. Commissioner Clapper not present. BOARD OF EQUALIZATION - RATIFICATION OF HEARING OFFICER DETERMINATIONS - STAFF PERSON: RETTA BRUEGGER, CLERK TO THF BOARD OF EQUALIZATION - MOTION TO APPROVE AS SUBMITTED BY STAFF WITH THE EXCEPTION OF THE BERNARD YOUNG PETITION, WHICH WA,~ CONTINUED TO AUGUST 5, 2003 Commissioner Roy moved approval of the BOE Hearing Officers' determination for Mid Con Realty Commissioner Farris seconded the motion. Motion passed with four yea votes. Commissioner Clapper not present. Commissioner Farris moved approval of BOE Hearing Officer's determination for Kevin Cassidy. Commissioner Roy seconded the motion. Motion passed with three yea votes with one abstention by Commissioner Ireland due to a disclosure that he represented Mr. Cassidy last year. Motion passed with three yea votes and one abstention by Commissioner Ireland. Commissioner Clapper not present. Commissioner Farris moved to continue the Bernard Young petition pending further clarification from the assessors' office as to why the valuation was adjusted. Commissioner Farris seconded the motion. Motion passed unanimously. Staff was directed to contact the Assessors' office and the petitioner with respect to this m~.. ~ter being continued. CONSENT PUBLIC HEARINGS: Chairman ~-iatfield opened the public hearings on the following matters: REGULAR MEETING J~JLY 23, 2093 SECOND READING AND PUBLIC HEARING ON RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN PITKIN COUNTY AND THE TOWN OF BASALT AND SNOWMASS VILLAGE FOR THE PITKIN COUNTY ENVIRONMENTAL HEALTH DEPARTMENT OT MANAGE THE TOWN'S CONSUMER PROTECTION PROGRAM - STAFF PERSON: CARLA BLOCK, ENVIRONMENTAL HEALTH DEPARTMENT - MOTION TO APPROVE AS AMENDED (CONTINUING THE AGREEMENT WITH THE TOWN OF BASALT) Hilary Smith, County Manager requested that the agreement with the Town of Basalt be pulled at this time pending further discussions with the Town of Basalt staff. Commissioner Roy moved approval of the Resolution approving an agreement with the Town of Snowmass Village and continuing the agreement with the Town of Basalt. Motion passed with four yea votes. Commissioner Clapper absent. SECOND READING AND PUBLIC HEARING- RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE UNll ~-D STATES FOREST SERVICE WHITE RIVER NATIONAL FOREST FOR MAINTENANCE OF ROAuS - STAFF PERSON: BERT PEARCE - MOTION TO APPROVE SECOND READING AND PUBLIC HEARING - ORDINANCE AUTHORIZING THE CONVEYANCE OF A DEED FOR THE RIGHT OF WAY FOR RELOCATED STATE HIGHWAY 82 IN THE VICINITY OF THE AIRPORT AND THE ACCEPTANCE OF A DEED FROM THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THI= RIGHT OF WAY FOR THE OLD HIGHWAY ADJACENT TO THE AIRPORT Chairman Hatfield opened the public hearing to public comment. There being no comment he closed the Consent Public Hearings portion of the agenda and brought the matters back to the Board for action. Commissioner Farris moved approval of the Consent Public Hearings Agenda. Commissioner Roy seconded the motion. Motion passed with four yea votes. Commissioner Clapper absent. PUBLIC COMMENT: Emzy Veazy ill appeared before the Board to speak about potential economic issues, which might afect the county. Terry Paulson appeared before the board to discuss a safety issue with respect to the landing field for the paraglider hand gliding group. He said that there are some new trees planted on the ridge, which create a turbulence problem when landing a non- motorized aircraft. He requested that the county consider moving the trees down the hill. BOARD OF COUNTY COMMISSIONERS 3 ~EGULAR iVIEETING JULY 23, ;2003 Staff was directed to talk with Mr. Paulson and the city staff to determine if the trees could be moved to another area. Mr. Paulson brought up another issue associated with a home on Red Mountain with respect to its driveway lights and the impact from [hose lights. Staff was directed to look into a potential violation of the lighting code. A representative of the Aspen Skiing Company appeared before the Board to ask for an extension of an August 1st deadline to reapply for Cloud Nine Restaurant nighttime use. It was agreed that an extension, to September 1st would be allowed, with the understanding that it will be in conjunction with a master plan amendment. A representative from the Aspen Ad Museum appeared before the Board to request a refund of their $420 special use permit fee for their summer fund raiser. It was agreed that the $420 would be refunded to the Aspen Art Museum out of the Board's contingency fund. COMMISSIONER COMMENTS: Commission members gave an update on state and local affairs. PROCLAMATIONS: None LAND USE AGENDA: LAND USE CONSENT PUBLIC HEARINGS: Chairman Hatfield opened the public hearing on the following matters. BUTTERMILK MASTER PLAN AMENDMENT- TO BE CONTINUED TO AUGUST 27, 2003 - STAFF PLANNER: SUZANNE WOLFF - MOTION TO CONTINUE LYLE REEDER APPEAL - WITHDRAWN BY APPLICANT - STAFF PLANNER: SUZANNE WOLFF HOLY CROSS SITE SELECTION FOR A MAJOR PUBLIC UTILITY, SCENIC, OVERLAY/RIDGELINE AND 1041 HAZARD REVIEW, CODE AMENDMENT ANI') SPECIAL REVIEW- STAFF PLANNER: CINDY HOUBEN- MOTION TO CONTINUE TO AUGUST 13, 2003 Chairman Hatfield opened the hearings to public comment. There being no comment he closed the public hearings and brought the matters back to the Board for action. Commissioner Farris moved approval of the Land Use Consent Public Hearings Agenda. Commissioner Ireland seconded the motion. MOtion passed with four yea votes. Commissioner Clapper not present. CONSENT LAND USE ACTIONS: REQUEST FOR A TAKINGS HEARINGS SUBMITTED BY NANCY HAYWOOD MCKENNEY FOR 1041 HAZARD REVIEW AND CONCEPTUAL SUBMISSION - STAFF PLANNER: EZRA LOUTHIS - MOTION TO FIND A TAKINGS AND DIRECTING STAFF TO PREPARE A RESOLUTION FINDING AND REMEuIATING A TAKINGS - RESOLUTION FINDING A TAKING AND REMEDIATING THE TAKING FOR THE BASS MOUNTAIN VALLEY 1041 HAZARD REVIEW AND CONCEPTUAL SUBMISSION - STAFF PLANNER: SUZANNE WOLFF - MOTION TO A~'PROVE RESOLUTION EXTENDING THE TIME PERIOD FOR THE REVIEW OF THE HOLY CROSS ENERGY BRUSH CREEK 115 KV TRANSMISSION LINE- STAFF PERSuN: CINDY HOUBEN- MOTION TO APPROVE Commissioner Farris moved approval of the Land Use Consent Actions Agenda. Commissioner Roy seconded the motion. Motion passed with four yea votes. Commissioner Clapper not present. LAND USE PUBLIC HEARINGS: Chairman Hatfield opened the public hearing on this matter. RESOLUTION GRANTING APPROVAL OF A MAJOR AMENDMENT TO A DEVELOPMENT PERMIT FOR LOT A, RESNICK SUBDIVISION - STAFF PERSON: LANCE CLARKE, ASSISTANT PLANNING DIRECTOR - MOTION TO CONTINUE TO SEPTEMBER 24, 2003 Lance Clarke gave a presentation on this item as addressed in his memorandum contained in the BOCC packet for this meeting. He recommended that if the Board approves the resolution that it be amended to read that "at the time of building permit the owner would have the option of a cash in lieu fee or providing a category one housing unit at that time". He noted that the Planning and Zoning Commission did not recommend approval because they were concerned that it might be precedent setting that allowing an affordable housing unit outside the urban growth boundary area might leave to other approvals down the road. Candace Resnick, applicant said she would be happy to answer any questions or concerns that commission members might have about her application. She said she BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING JULY 23, ~033 thinks it would be a great opportunity for someone to be able to live up there rather than live in a unit in town. Chairman Hatfield opened the hearing to public comment. There being no comment, he closed the public comment portion of the hearing and brought the matter back to the Board. Commissioner Roy said [his Board has decided [hat the appropriate way to make sure that the county has a policy of affordable housing that applies all over the county is to adopt a policy that would say dense affordable housing will occur within the urban growth boundaries. And that affordable housing needs will be met outside of the city in the form of EDU's, caretaker dwelling units, where you buy down existing units and on- site affordable housing. She said this application is very consistent with the new policy. Commissioner Ireland said he would be willing to do a compromise. If the applicant would be willing to forego any opportunity to create a caretaker dwelling unit, which is what the neighbors concern is, and build this unit in lieu of the caretaker dwelling unit, and sell it under the guidelines, then he would be willing to reduce their fee in half and use that cash to build a unit in the metro area. Commissioner Hatfield said he would be willing to compromise under this condition. Ms. Resnick asked if the Board would be willing to freeze the cash in lieu fee at what it is right now? Commissioner Ireland said toid Ms. Resnick that he would agree to this if she paid the fee in a certain amount of time. It was agreed that Ms. Resnick would work with staff and make a proposal to pay the fees. Chairman Hatfield opened the hearing to public comment. There being no comment, he dosed the public hearing and brought the matter back to the Board for action. Commissioner Ireland moved to continue this matter to September 24, 2003 pending the applicant working with staff on the detaiis of Commissioner Ireland's suggestion. Commissioner Farris seconded the motion. Motion passed with four yea votes. Commissioner Clapper not present. RESOLUTION DENYING AN EXTENSION OF VESTED REAL PROPERTY RIGHT,~ FOR GERALD AND CAROL STEIN - STAFF PERSON: LANCE CLARKE - MOTION TO DENY APPLICATION AS STATED IN THE RESOLUTION - MOTION TO CONTINUE TO SEPTEMBER 24, 2003 Lance Clarke gave a presentation on this item as addressed in his memorandum contained in the BOCC packet for this meeting. BOARD Of: CCUN~'f COMi~IISS;ONERS -~ ~,EGULAR MEETING JULY Richard Cohen, representing the applicant said [heir concern is that in the next couple of years things will change and the county building regulations might change and they would no longer be able to build as close to the river as they would like, and that is one of their concerns. He said the reason that nothing happened there is that after they got the 1041 the first time, as they started to make some plans then the highway plans started and that created quite a bit of concern as to where it was going to go, what it was going to look like, how exposed they would be and what kind of berm would CDOT build? And so they waited and [hat was the reason for the last extension. He said he is here now because there have been some substantial financial reverses and a lot of the money the Steins' planned to use for this disappeared and they need a little more time to get things put back together again. Their plan was to convert the existing house into a caretaker dwelling unit and then build a new house, which would either be attached to it or just located slightly closer to the stream. A discussion ensued with respect to the siting of the proposed house specifically in the context of how close the house would be allowed to the river. Mr. Clarke clarified that the building envelope has a 100-year flood plain line that puts any development approximately 60 feet back from the river. Chairman Hatfield asked Mr. Cohen to articulate what the public benefit would be to Pitkin County if the extension of vesting were to be allowed. Mr. Cohen responded that the county would get a deed restricted employee unit in the existing cabin. Commissioner Ireland said he would be willing to grant an additional three-year vesting to get an employee unit, but Mr. Cohen needs to understand that the matter of closeness to the river is a matter of public safety and the setback limitation line from the river cannot be changed. A discussion ensued with respect to the issues associated with a caretaker unit versus the issues associated with an employee dwelling unit. Chairman Hatfield opened the hearing to public comment. There being no comment, he closed the hearing and brought the matter back to the Board for action. Commissioner Roy moved to continue this matter to September 24, 2003 pending Mr. Cohen discussing the issue of the proposed employee unit with his client. Commissioner Farris seconded the motion. Motion passed with four yea votes. Commissioner Clapper not present. BISHOP FAMILY TRUST; LOT 5, BONANZA PLACER - TAKING5 DETERMINATION - STAFF PLANNER: LANCE CLARKE - MOTION TO FIND A BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING JULY': 23, 2003 TAKINGS AND DIRECT STAFF TO PREPARE A RESOLUTION FINDING A TAKINGS AND REMEDIATING THE TAKINGS Lance Clarke gave a presentation on this item as addressed in his memorandum contained in the BOCC packet for this meeting. Francis Krizmanich, representing Mr. Bishop said they have done everything they could, through the application process, to gain a development allotment. He said [hey have gone through a great deal of effort to work with the neighbors and they think they have worked the issues out and this is the best site available. He explained that they have actually designed a couple of alternative access routes across the Halls property just above their proposed site and they can do it engineering wise. He said there aren't really any hazards other than some short sections of 30% slopes, which encumber the whole property. Commissioner Roy moved to find that a taking has occurred because of the three items that staff listed in his memorandum with a fourth item that the applicant has exhausted the avenues available to receive a development approval and direct staff to prepare a resolution of approval with remediation. Commissioner Farris seconded the motion. Motion passed with four yea votes. Commissioner Clapper not present. RESOLUTION APPROVING A MINOR AMENDMENT TO THE ASPEN HIGHLANDS SKI AREA MASTER PLAN - STAFF PLANNER: EZRA LOUTHIS - MOTION TO APPROVE Ezra Louthis gave a presentation on this item as addressed in his memorandum contained in the BOCC packet for this meeting. Bill Kane, representing the Aspen Skiing Company said as staff has summarized they are just looking to adjust the approval for this patrol headquarters on the top of Highlands. Representatives present, from the Forest Service, said they support the application. Mac Smith, representing the Ski Company proceeded to review the site plan associated with the proposed building. Chairman Hatfield suggested that a condition be added with respect to the potential reflection of the structure e.g. windows, construction materials, etc. Commissioner Farris moved approval of the Resolution as amended by Chairman Hat'field's additional condition regarding potential reflection issues. Commissioner Roy seconded the motion. Motion passed with four yea votes. Commissioner Clapper not present. ADJOURNMENT: The meeting was adjourned at 5:00 p.m. BOAR£; OF COUNTY COMMISSI~?NERS 9 REGULAR ME~T!NG JULY C3, 2003 Respectfully submitted, Jeanette Jones Clerk to the Board of County Commissioners Jack Hatfield, Chairman Board of County Commissioners g\bocc\minutes\2003\bocc.min.reg.07232003.doc