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HomeMy WebLinkAboutbocc.reg.mtg.mins.11192003MINUTES OF BOCC REGULAR MEETING HELD NOVEMBER 19, 2003 APPROVED DECEMBER 3, 2003 MINUTES PITKIN COUNTY BOARD OF COUNTY COMMiSSIONER~ REGULAR MEETING NOVEMBER 19, 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 Haffield, Patti Clapper, Dorothea Farris Mick Ireland and Shellie Roy. ADDITIONS/DELETIONs TO AGENDA: None PUBLIC COMMENT: None COMMISSIONER COMMENTS: Commission members gave comments on local sports and political issues. PROCLAMATIONS: None CONSENT ACTIONS: APPROVAL OF MINUTES OF,JUNE 12, 2003 SPECIAL MEETING WITH THE TOW~.' OF SNOWMASS VILLAGE, SEPTENIBER 10, 2003 JOINT MEETING WITH OPE~.' SPACE AND TRAILS, OCTOBER 28, 2003 AND NOVEMBER 5, 2003 WORK SESSIONS AND NOVEMBER 5, 2003 REGULAR MEETING- STAFF PERSON: JEANJI= I ! E JONES, CLERK TO THE BOARD OF COUNTY COMMISSIONERF, Commissioner Farris moved approval of the minutes. Commissioner Clapper seconded the motion. Commissioner Clapper requested an amendment to the September 10 special meeting minutes. Motion passed unanimously~ BOARD OF COUNTY COMMISSIONERS 1 REGULAR MEETING NOVEMBER 49, 2003 CONSENT ACTIONS FIRST READINGS AND SET FOR SECOND READINGS ON DECEMBER 3, 2003 FIRST READING - RESOLUTION APPROVING THE CONTRACT BETWEEN COLORADO DEPARTMENT OF TRANSPORTATION AND PITKIN COUNTY FOR FUNDING OF THE PROJECT STE C570-011, MITIGATION OF WATER POLLUTION ON STATE HIGHWAY 82 AT INDEPENDENCE PASS - MIDDLE CUT - MOTION TO APPROVE AND SET FOR SECOND READING AND PUBLIC HEARING ON DECEMBER 3, 2003 FIRST READING - ORDINANCE SETTING INITIAL AIRPORT FEES AND CHARGES FOR 2004 - MOTION TO APPROVE AND SET FOR SECOND READING AND PUBLIC HEARING ON DECEMBER 3, 2003 Commissioner Farris moved approval of the Consent Actions Agenda. Commissioner Roy seconded the motion with a correction to Class User "Seasonal" to change the percentage from a one- percent increase to a 17 percent increase. Motion passed unanimously. CONSENT PUBLIC HEARINGS - SECOND READINGS RESOLUTION APPROVING CONTRACT WITH COLORADO DEPARTMENT OF TRANSPORTATION FOR FUNDING OF THE PROJECT SIlO C570-012, SAFETY/HAZARD ELIMINATION ON OWL CREEK ROAD - MOTION TO APPROVE STAFF PERSON: Commissioner Farris moved approval of the Consent Public Hearings Agenda. Commissioner Clapper seconded the motion. Motion passed unanimously. LAND USE CONSENT PUBLIC HEARINGS: ASPEN VALLEY RANCH/H2J RIDING ARENA EXTENSION OF VESTED RIGHTS - MOTION TO CONTINUE TO FEBRUARY 11, 2003 - STAFF PLANNER: LANCE CLARKE ASPEN SNOW REMOVAL SPECIAL REVIEW - WITHDRAWN BY APPLICANT - STAFF PLANNER: EZRA LOUTHIS Chairman Hatfield opened the public hearing on these matters. Commissioner Farris moved approval of the Land Use Consent Public Hearings Agenda. Commissioner Clapper seconded the motion. Motion passed unanimously. There being no comment, Chairman Hatfield closed the Land Use Consent Public Hearings. BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING NOVEMBER t9, 2003 LAND USE PUBLIC HEARINGS: RESOLUTION DENYING AN AMENDMENT TO THE CHAPARRAL ASPE.'; Si= ~ ! LEMENT AGREEMENT - MOTION TO APPROVE AS AMENDED. STAFF PLANNER: SUZANNE WOLFF Chairman Hatfield opened the public hearing on this application. Suzanne Wolff proceeded with her presentation associated with this item as summarized in her memorandum to the Board contained in the BOcc packet for this meeting. The following are the requests proposed by the applicant: · To reduce the total above grade floor area on the main ranch from 100,000 to 90,000 square feet; To obtain the right to seek approval for three additional cabin sites on the remote parcel; · To extend the vested rights period to 20 years; · To construct the public pedestrian trail from Upper river Road across the main ranch parcel; · To voluntarily impose a real estate transfer tax With Pitkin County as the beneficiary; · To extend the deadline by Which the Ranch Manager's unit was required to be constructed. Ms. Wolff said staff's recommendation is denial due to the fact that a real estate transfer tax is not addressed in the land use code. Additionally, all of the proposals made by the applicant are amendments to a settlement agreement, which needs to be negotiated by the Board with direction to staff about how to proceed. Commissioner Clapper disclosed that she had no conversation with the applicants with respect to a real estate transfer tax that it came as a total surprise when she read the proposal in the memorandum. Ms. Wolff submitted a letter into the record from Holland and Hart representing Henry and Jessica Catto and Sadies Holdings who stated their opposition to the proposed amendments particularly as they relate to the additional rural and remote cabins. A copy of this letter is attached to the end of this packet under additional exhibits. John Sarpa, representing Woody Creek Ventures, said that all this started a number of monthS ago when the County asked them to look at some affordable housing aspects of the old settlement agreement. He said as they looked at that they started looking at what they have learned so far since they settled with the County on the whole project, which are: 1. There is an interest in additional cabins up there. BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING NOVEMBER ;19~ 2003 2. The overall square footage, in the lower bench, was a concern to a lot of people. With respect to the real estate tax, Mr. Sarpa said these lots sale for millions of dollars so the kind of money they are talking about, with a one percent sales on the raw land, and one half percent on the constructed buildings, would be somewhere in the range of $350,000 over the next couple of years, up to perhaps $500,000 depending upon what sales and at what price. He said they think the money would be appropriate for open space or other things that the Board might find that this kind of money be used for. He proceeded to review their letter of October 15, 2003, which addresses their proposed amendments to the settlement agreement. A copy of this letter is contained in the BOCC packet for this meeting. John Ely advised the Board that they are not tied to a one-percent real estate tax fee. Mr. Sarpa said that one percent may sound small, but these are multi-million dollar transactions. Additionally, he stated that the tax would be assessed on every sale and/or re-sale of the properties. Commissioner Clapper said if the Board were to move forward with approval of the three additional cabins she wants it on the record that she has very significant concerns about the road safety issue. She said her other concern is the settlement process and whether or not we want to continue to negotiate these changes outside the settlement process or inside the settlement process. She thinks we need to come to some closure on continuing to amend the agreement without just putting it off through the land use process and she thinks this issue needs to be discussed. Commissioner Hatfleld questioned what the public benefit was with respect to the issue of reducing the above grade floor area. Mr. Sarpa responded that they would actually concentrate the square footage in some of the larger homes. He referred to his October 15th letter where they highlighted how that would be accomplished. A copy of this letter is contained in the BOCC packet for this meeting. Clarke Lipscomb, representing Woody Creek Ventures, stated that they have two 15,000 square foot above grade homes approved, then two 12,000 square foot homes and the balance averages out. He said they propose to get rid of the two 15,000 square foot homes thereby reducing them to 10,000 square feet each. With respect to the use of the cabins, he said the cabins will be coordinated solely by the ranch manager, who would coordinate service and limit maintenance and service personnel to the cabins. Chairman Hatfield opened the hearing to public comment. Michael Owsley, Chairman of the Woody Creek Caucus, voiced the caucus s object~o with respect to allowing any more cabins due to the impacts on the land and wildlife. BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING NOVEMBER 19, 2003 Janet Schoeberline, an adjoining neighbor, voiced her opposition to the project having any more cabins on the property due to the impacts on the wildlife and the land. Additionally she expressed a concern about the safety of the road. Commissioner Clapper explained that if approval is given via the settlement agreement the applicants would still have to go through the 1041 review process and would need to address any wildlife issues. John Sarpa said they are very familiar with the wildlife patterns, they do know that they would have to go through the 1041 process and they are comfortable where they sited the cabins. He said they wouldn't be doing this if they thought there were significant impacts because for them, the deer and elk are a huge part of what the ranch is all about and they want to protect the wildlife; With respect to year-round use of the cabins, there is no .way he would envision people living there year-round. He said this particular cabin is more of a retreat or an amenity to the ranch itself. Cynthia Millling suggested that possibly the ranch manager could institute a key system for the cabins. Wayne Wagner, owner of Lot 4 of the ranch, voiced his approval of the proposed cabins. He explained that the cabin sites are out of the way of the elk trail and other wildlife habitat. Dave Mars, Senior Vice President of the West Star Bank, spoke in favor of the entire proposal. John Miller said he thinks this is a very appropriate use of the ground. He said there would be 62 acres per cabin so they would spread out considerably and would have a Iow impact on the whole area including the Wildlife. Chairman Hatfield closed the public hearing and brought the matter back to the Board for discussion. He said he does not like the idea of three additional cabins because to him, the least amount of impacts in the rural and remote area the better. With respect to the real estate transfer tax he thinks it is a generous offer but he really doesn't like the idea however, he said he would go with the Board if that is something that they are interested in. Commissioner Farris said she thinks the trail is important. With respect to the one- percent real estate transfer tax she would not say that it would only exist for the 20 years of vesting, but rather it exists every time this property is sold. Additionally, she would like to see a greater reduction in the house size. With respect to the cabins she said they need to be totally off the grid with a restriction that they will permanently be kept offthe grid. John Sarpa said they would limit filling the propane tanks for the cabins to twice a year. BOARD OF COUNTY COMMisSiONERs 5 · REGULAR MEETING NOVEMBER'Re, 2003 Commissioner Clapper said she would like to see a one-percent real estate transfer tax in perpetuity and she agrees with a 20-year vesting period. She would like to See the square footage of the homes reduced by 20 percent and she does have significant concerns about the impact of the three cabins and the road safety issue. Commissioner Ireland said he would like to see the real estate transfer tax negotiated to two or two and one half percent or some amount of money that compensates for the impacts that are going to be created. Also, if there is an impact fee that a fair portion of that fee should be considered as a housing impact fee in some sort of enterprise. Chairman Hatfield asked commission members if there were any support for Mick's idea to increase the impact fee over one percent? Commissioner Roy voiced her support of the real estate transfer tax. She said to have a slush fund like this, to her, is a huge benefit to the community. Chairman Hatfield asked John Ely, County Attorney, if this real estate transfer tax is legal in this sense as the applicant has proposed it? John Ely responded that he has questions. He said in order to make himself comfortable he would have to have more in front of him to research the matter. A discussion ensued with respect to whether or not this matter should be continued pending further research on the real estate tax issue. John Sarpa said pending the research being done and assuming some form can be found that would give comfort to us all, they would increase the square footage reduction to 15,000 square feet, which would eliminate any 15,000 square foot buildings and no 12,000 square foot buildings. The highest single building they would have, above grade, would be 10,000 square feet. Lot 1 would be 10,000, Lot 2 would be 7,500, Lot 3 would be 10,000, Lot 4 would be 7,500, Lot 3 would be 10,000, Lot 4 would be 7,500, Lot 5 would be 10,000, Lot 6 would be 10,000, Lot 7 would be 7,500, 8 would be 5,000, 9 would be 10,000, and Lot 10 would be 7,500. With respect to the real estate transfer tax they are not willing to go above one percent, but it's in perpetuity, which is a huge difference due to the fact that the homes are 10-million dollars houses or more once they are constructed. He said everything else stands, they will do the trail, and 20-year vesting. Commissioner Clapper moved the following: · To reduce the total above grade floor area on the main ranch from 100,000 to 85,000. · To obtain the right to seek approval for three additional cabin sites on the remote parcel. · To extend the vested period to 20 years. BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING NOVEMBER t9, 2003 · To construct a public pedestrian trail from Upper River Road across the main ranch parcel on the same timeframe as the completion of the affordable housing project. · To voluntarily impose a real estate transfer tax with Pitkin County as the beneficiary of one percent across the board on all properties in perpetuity and these issues are all contingent upon the County's ability to legally create an enterprise fund or to facilitate the imposition and collection of this voluntary real estate tax. · To extend the deadline for'the ranch manager's house subject to the attached resolution. · All other issues or further changes will be addressed through the regular land use process. Commissioner Roy seconded the motion. Commissioner Ireland moved to amend the motion to delete the reference to a real estate transfer tax and describe it as a voluntary assessment. Commissioner Clapper accepted this amendment to her motion. Commissioner Roy accepted this amendment to her second. Motion passed with four yea votes and one nay vote by Chairman Haffield. Chairman Haffield closed the public hearing on this matter. RESOLUTION APPROVING THE HOAGLUND RANCH (BOOHER) SUBDIVISION/PUD FINAL PLAT - MOTION TO APPROVE - STAFF PLANNER: SUZANNE WOLFF Chairman Hatfield opened the public hearing on this application. Suzanne Wolff gave a presentation on this matter as addressed in her memorandum to the Board contained in the BOCC packet for this meeting. Rick Neiley, Attorney for the Applicants, presented some pictures reflecting the eight units, which are currently on the site. With respect to the water issues, Mr. Neiley said they have always anticipated the need to get water permits and contracts from the BaSalt Water Conservancy District to supplement the water supply they have out there. He said they were originally set to come before the BOard on September 24th and then staff called him to advise him that the Commissioners had directed staff not to bring plats forward unless the water supply issue is resolved. So they went back to GarY Beach, who did their original study, and they have retained water counsel to help with the water issue. He said they knew they had a well that was appropriated in 1941 and adjudicated in 1972 that serves the property historically. They were fortunate to find a letter with an affidavit from Warren Conner who did an evaluation of what had historically been on the property as of 1963, he concluded that there five units on the property. So their water counsel has indicated BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING NOVEMBER 19, 2003 to them that because those were on the system and the system was permitted and adjudicated prior to 1978, when the State Water Engineer's regulations came into effect governing what you could put on a well, that they have a legal well for five units and they know which those are because Warren's information also has a little map that showed the units that Were there and the dates they were installed. So they know they have a legal well for five of the units and the proposal that they would like to go forward with, at this point in time, is to say they can plat the five units as Phase 1 and then Phase 2 would be the other seven affordable housing units and the two free markets, and they will process those two well permits applications at the same time. He said it is conceivable that they can get through that process in perhaps four months. It is also conceivable that they may get some objections to the wells because the augmentation would be from Reudi and it's down river. However, they do have'some very high priority ditch rights that they could possibly trade as part of their augmentation plan, but they want to avoid that for a couple of reasons. One is that does ten~ ~0 drag the process out and secondly, they want to be able to continue to irrigate on this property as has historically occurred for some aesthetic reasons. Mr. Neiley said that they are comfortable with going forward with only five units now. He said the reason that they want to do this is that from Ed and Cherie Booher's point of view, part of the objective al~ along, was to phase the development so that they could get some of the units into the market place and these are all the affordable housing units that are being talked about so that they would then have some funds to get the infrastructure in and get the wells. He proceeded to review the issues associated with the project as addressed in their application contained in the Bocc packet for this meeting. Additionally, he said he feels confident that they could convince the environmental health department and the planning office, which units go with the historic development and they agree with all the conditions as they exist. Commissioner Roy referred to Condition No. 5. She requested that the language be changed to read "prior to recordation of Phase 2 plat" rather than "building permit application". Commissioner Roy moved to approve the application, with direction to staff to make the modifications demonstrating that this is a two-phase subdivision, adding in the Fire Marshal's recommendations, which is to sprinkle the units, necessary improvements to the driveway, amend the ISDS, and modify the language in item $ as is appropriate to Phase I. Additionally, to add a first right of refusal guarantee to the existing tenants for Lots 6, 8, 9 and '10. Commissioner Farris seconded the motion. Staff was directed to place the amended resolution on a future consent agenda. Chairman Hatfield opened the hearing to public comment. There being no comment, he closed the public hearing and ca~led the question. Motion passed unanimously. ADJOURNMENT: Commissioner Farris moved to adjourn the meeting at 6:00 p.m. Commissioner Roy seconded the motion. Motion passed unanimously. BOARD OF COUNTY COMMISSIONERS 8 REGULAR MEETING NOVEMBER 19, 2003 Respectfully submitted, Jeanette Jones Clerk to the Board of County Commissioners Jack Hatfield, Chairman Board of County Commissioners BOARD OF COUNTY COMMISSIONERS 9 REGULAR MEETING NOVEMBER 19, 2003