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HomeMy WebLinkAboutbocc.min.exec.01-25-2023 (regular meeting) AGENDA and TIMES ARE SUBJECT TO CHANGE Board of Commissioners Regular Meeting Agenda WEDNESDAY, JANUARY 25, 2023, 12:00 PM BOCC Meeting Room, 1st Floor 530 E Main St, Aspen, CO 81611 MEETINGS ARE VIRTUAL AND IN PERSON You can view the livestream on our website (pitkincounty.com/374/County-Webcasts) or on Grassroots TV (Channel 11 CGTV) View meeting via Zoom: https://us02web.zoom.us/j/87552073730?pwd=Y1JEMk9nYTRtNWFFa05xdC9ITEx6QT09 Passcode: 209570 Webinar ID: 875 5207 3730 Phone: 1 719 359 4580 Are you presenting at this meeting? Click here for instructions. 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 January 11, 2023 Regular Meeting 2. Resolution to Appoint Citizen Board Members - Charlotte Anderson Confirmatory Public Hearings 3. An Emergency Ordinance of the Board of County Commissioners of Pitkin County, Colorado, Adopting Title 6.05 of the Pitkin County Code, Secure Transportation Services - Phylis Mattice 4. Emergency Resolution of the Board of County Commissioners ("BOCC:") of Pitkin County, Colorado, Authorizing the Pitkin County Solid Waste Center to Submit Grant Applications to the United Sates Environmental Protection Agency for the Consumer Recycling and Outreach Grant Program and the Solid Waste Infrastructure for Recycling Grant Program for Political Subdivisions of States and Territories Grant Program - Brian Pettet Individual Consideration Items: Individual Consideration Items / First Readings set for Public Hearings on February 8, 2023: 5. Ordinance of the Board of County Commissioners of Pitkin County, Colorado, Amending Title 9 of the Pitkin County Code, Section 9.08.130 Regarding Definitions and Repealing and Reenacting Title 9, Section 9.12, Regarding the Road Maintenance and Management Plan - Brian Pettet, D.J. Hughes, Scott Mattice 6. Ordinance of the Board of County Commissioners of Pitkin County, Colorado, Authorizing the Renewal of Open Space and Trails Agricultural Leases between the Board of County Commissioners and Grange Family Ranches LLC for Emma Noth, Two Roots Farm LLC, for Emma Shoolhouse, South and Matherhouse, Alec Parker for Glassier Lease A, Tony Vagneur for Grace Open Space, and Ty Burtard for Thompson Divide Ranch - Drew Walters 7. Ordinance of the Board of County Commissioners of Pitkin County, Colorado, Authorizing an Agricultural Lease of the Wheatley Open Space between the Board of County Commissioners and Wheatley Tract II LLC - Drew Walters Individual Consideration Items / Emergency Resolution - Set for Confirmatory Reading on February 8, 2023 8. Emergency Resolution of the Board of County Commissioners of Pitkin County, Colorado, Approving a Grant Agreement with the Central Federal Lands Federal Highway Division Under the Federal Lands Access AGENDA and TIMES ARE SUBJECT TO CHANGE Program, for Funding for the Brush Creek Park and Ride Improvements - Linda DuPriest Individual Consideration Items / One Reading: 9. Resolution Approving a Rural and Remote Short Term Rental License for Mine Claim, LLC for 100 Upper Hurricane Road - Jeanette Muzio - WITHDRAWN BY APPLICANT (continued from 12/7/22) Individual Consideration Items / Public Hearing, 2nd Readings: 10. Resolution of the Board of County Commissioners ("BOCC:) of Pitkin County, Colorado, Authorizing the BOCC Chair to Sign the Memorandum of Understanding Regarding the Roaring Fork Transit Authority 2023- 2028 Regional Bikeshare Services - Brian Pettet Land Use Items: Land Use Public Hearings: 11. Resolution Granting Approval for a Subdivision Exemption for a Major Plat Amendment and Lot Line Adjustment, GMQS Exemption for BOCC Approved Lots and Replacement of Structures and TDRs, and Activity Envelope and Site Plan Review for 972 Willoughby Way LLC, WW Colorado Holdings LLC, and Aspen RM 7 LLC, Tami Kochen CONTINUED From 10/12/2022; CONTINUE TO 05/24/2023 12. Resolution Designating 2211 East Sopris Creek Road Historic Resources to the Pitkin County Historic Register and Granting Incentives for the Designation, Including a Density Bonus for an Additional Residence and One Transferable Development Right, Special Review for an Additional Dwelling Unit, and Granting Activity Envelope and Site Plan Review Approval to John and Janie Bennett, Leslie Lamont (CONTINUED FROM 12/7/22) Open Discussion Adjourn Regular Meeting CERTIFICATION OF PUBLICATION I, Julia Ely, 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 January 25, 2023 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 8th day of February, 2023. ________________________________ Seal Julia Ely, County Clerk Clerk to the Board of County Commissioners 1 APPROVED 02-08-2023 MINUTES BOARD OF COUNTY COMMISSIONERS REGULAR MEETING JANUARY 25, 2023 • 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: Chair Francie Jacober called the regular meeting of the Board of County Commissioners to order at 12:00 p.m. COMMISSION MEMBERS PRESENT: Commissioners Patti Clapper, Francie Jacober, Steve Child, Kelly McNicholas Kury, and Greg Poschman COMMISSION MEMBERS ABSENT: None. Additions/Deletions to Agenda: • Proposed change to the agenda: o Add an Executive Session to the end of the Regular Meeting for the puporose of discussion of the Centennial Deed Restriction for affordable and employee housing with counsel pursuant to CRS 24-6-402 4b. Motion: *Due to a technical transmission error, the motion was not captured electronically. Chair Jacober called the motion. Motion passed with five yea votes. PUBLIC COMMENT: The following members of the public spoke under public comment, which has been recorded and available at http://pitkincounty.com/374/County-Webcasts • Ruth Harrison COMMISSIONER COMMENT: 2 • Community events • Commissioner Child meeting attendance • Winter X Games • California shootings Consent Items – Single Reading: Minutes of January 11, 2023 Regular Meeting Motion: Commissioner Child moved approval of the Minutes as written. Commissioner Poschman seconded the motion. Motion passed with five yea votes. Resolution to Appoint Citizen Board Members - Charlotte Anderson Motion: Commissioner Clapper moved to continue this Resolution on Febuary 8, 2023. Commissioner McNicholas Kury seconded the motion. Motion passed with five yea votes. Consent Items – Confirmatory Public Hearings An Emergency Ordinance No. 003-2023 of the Board of County Commissioners of Pitkin County, Colorado, Adopting Title 6.05 of the Pitkin County Code, Secure Transportation Services - Phylis Mattice Motion: Commissioner Child moved approval of the Emergency Ordinance on Confirmatory Reading. Commissioner Poschman seconded the motion. Motion passed with five yea votes. Emergency Resolution No. 003-2023 of the Board of County Commissioners ("BOCC:") of Pitkin County, Colorado, Authorizing the Pitkin County Solid Waste Center to Submit Grant Applications to the United Sates Environmental Protection Agency for the Consumer Recycling and Outreach Grant Program and the Solid Waste Infrastructure for Recycling Grant Program for Political Subdivisions of States and Territories Grant Program - Brian Pettet Motion: Commissioner Poschman moved approval of the Emergency Resolution on Confirmatory Reading. Commissioner Child seconded the motion. Motion passed with five yea votes. Individual Consideration Items / First Reading set for Public Hearing on February 8, 2023: Ordinance of the Board of County Commissioners of Pitkin County, Colorado, Amending Title 9 of the Pitkin County Code, Section 9.08.130 Regarding Definitions and Repealing and Reenacting Title 9, Section 9.12, Regarding the Road Maintenance and Management Plan - Brian Pettet, D.J. Hughes, Scott Mattice 3 Motion: Commissioner Clapper moved approval of this Ordinance and set for second reading and public hearing on February 8, 2023. Commissioner McNicholas Kury seconded the motion. Motion passed with five yea votes. Ordinance of the Board of County Commissioners of Pitkin County, Colorado, Authorizing the Renewal of Open Space and Trails Agricultural Leases between the Board of County Commissioners and Grange Family Ranches LLC for Emma Noth, Two Roots Farm LLC, for Emma Shoolhouse, South and Matherhouse, Alec Parker for Glassier Lease A, Tony Vagneur for Grace Open Space, and Ty Burtard for Thompson Divide Ranch - Drew Walters Motion: Commissioner Poschman moved approval of this Ordinance and set for second reading and public hearing on February 8, 2023. Commissioner Child seconded the motion. Motion passed with five yea votes. Ordinance of the Board of County Commissioners of Pitkin County, Colorado, Authorizing an Agricultural Lease of the Wheatley Open Space between the Board of County Commissioners and Wheatley Tract II LLC - Drew Walters Motion: Commissioner Poschman moved approval of this Ordinance and set for second reading and public hearing on February 8, 2023. Commissioner Clapper seconded the motion. Motion passed with five yea votes. Individual Consideration Items / Emergency Resolution - Set for Confirmatory Reading on February 8, 2023 Emergency Resolution of the Board of County Commissioners of Pitkin County, Colorado, Approving a Grant Agreement with the Central Federal Lands Federal Highway Division Under the Federal Lands Access Program, for Funding for the Brush Creek Park and Ride Improvements - Linda DuPriest Motion: Commissioner Poschman moved approval of the Emergency Resolution and set for confirmatory reading and public hearing on February 8, 2023. Commissioner Clapper seconded the motion. Motion passed with five yea votes. Individual Consideration Items / One Reading: Resolution Approving a Rural and Remote Short Term Rental License for Mine Claim, LLC for 100 Upper Hurricane Road - Jeanette Muzio - WITHDRAWN BY APPLICANT (continued from 12/7/22) No action required. Individual Consideration Items / Public Hearing, 2nd Readings: 4 Resolution No. 005-2023 of the Board of County Commissioners ("BOCC:) of Pitkin County, Colorado, Authorizing the BOCC Chair to Sign the Memorandum of Understanding Regarding the Roaring Fork Transit Authority 2023-2028 Regional Bikeshare Services - Brian Pettet Motion: Commissioner Child moved approval of this Resolution as written. Commissioner McNicholas Kury seconded the motion. Motion passed with five yea votes. Land Use Items / Land Use Public Hearings: Resolution Granting Approval for a Subdivision Exemption for a Major Plat Amendment and Lot Line Adjustment, GMQS Exemption for BOCC Approved Lots and Replacement of Structures and TDRs, and Activity Envelope and Site Plan Review for 972 Willoughby Way LLC, WW Colorado Holdings LLC, and Aspen RM 7 LLC, Tami Kochen CONTINUED From 10/12/2022; CONTINUE TO 05/24/2023 Motion: Commissioner Poschman moved to continue this Resolution on May 24, 2023. Commissioner Child seconded the motion. Motion passed with five yea votes. Resolution No. 006-2023 Designating 2211 East Sopris Creek Road Historic Resources to the Pitkin County Historic Register and Granting Incentives for the Designation, Including a Density Bonus for an Additional Residence and One Transferable Development Right, Special Review for an Additional Dwelling Unit, and Granting Activity Envelope and Site Plan Review Approval to John and Janie Bennett, Leslie Lamont (CONTINUED FROM 12/7/22) Motion: Commissioner Clapper moved approval of this Resolution with amendments as discussed. Commissioner Jacober seconded the motion. Motion passed with four yea votes with Commissioner Poschman abstaining. Open Discussion: • Wolf reintroduction event and donation Executive Session Motion: Commissioner Clapper moved to go into an Executive Session for the purposes of discussion of the Centennial Deed Restriction for affordable and employee housing with counsel pursuant to CRS 24-6-402 4b. Commissioner Poschman seconded the motion. Motion passed with five yea votes. ADJOURN REGULAR MEETING The regular meeting of the Board of County Commissioners adjourned at 3:53 p.m. 5 Respectfully submitted, _______________________________ Julia Ely Clerk to the Board of County Commissioners ______________________________ John Ely, County Attorney The above signed attorney, representing the Board of County Commissioners and being present at the Executive Session, attests that the subject of the unrecorded portions of the session constituted confidential attorney-client communication. __________________________ Francie Jacober, Chair Board of County Commissioners