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HomeMy WebLinkAboutregular.meeting.mins.01142004MINUTES OF PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR MEETING DATED JANUARY 14, 2004 APPROVED JANUARY 28, 2004 MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR MEETING JANUARY 14, 2004 CALL TO ORDER: Chairman Hatfield tailed the regular meeting of the Board of County Commissioners to order at 2:00 p.m. COMMISSION MEMBER PRESENT: commiss oners DorO(hea Farris, Patti ClapPer, Shellie Roy, Mick Ireland and Jack Hatfield ADDITIONS/DELET ONS TO AGENDA: NONE PROCLAMATIONS: None PUBLIC COMMENT~ Glenn FiornI representing AShcroft Ski Touring reqUested an addition to the agenda with respect to a condition regarding interim on-site affordable housing on the site. Commissioner Roy moved to add this item to the Land Use Actions Agenda. CommissiOner Clapper seconded the motion. Motion passed unanimously. COMMISSIONERS COMMENTS: Commission members gave an update on local issues and current events, Chairman Hatfield gave an overview of his chairmanship during 2003 and thanked his fellow board members for all their work in accomplishing the commission's goals. CONSENT ACTIONS: APPROVAL OF MINUTES OF DECEMBER 9 AND 16TM WORK SESSIONS AND DECEMBER 17 REGULAR MEETING - MOTION TO APPROVE - STAFF PERSON: JEANE¥¥E JONES, CLERK TO THE BOARD OF COUNTY COMMISSIONER~ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKI,~.' COUNTY, COLORADO APPOINTING REPRESENTATIVES TO VARIOUS BOARDS, COMMI I ~ ~'ES AND AUTHORITIES AND DESIGNATING THE OFFICIAL AGENDA POSTING PLACE - STAFF PERSON: HILARY SMITH, COUNTY MANAGER BOARD OF COUNTY COMMISSIONERS I REGULAR MEETING JANUARY 14, 2004 Commissioner Roy requested that this item be pulled for discussion purposes. RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING THE UPDATED LIST OF HIGHWAY USERS TAX FUND (HUTF) ROADS - MOTION TO- STAFF PERSON: BERT PEARCE RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY~ COLORADO TO APPOINTPROXlES FOR CCI MEETINGS - MO i'lON TO APPROVE - STAFF PERSON: DEBBIE QUlNN, ASSISTANT COUNTY MANAGER READING ON DRAFT RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ESTABLISHING THE FORMULA FOR THE DISTRIBUTION OF THE MUNICIPAL SHARE OF COUNTY SALES TAX REVENUE FOR THE YEAR 2004 AS REQUIRED BY RESOLUTION 78- 121 - MOTION TO APPROVE - STAFF PERSON: DEBE NELSON, FINANCE DIRECTOR AUTHORIZATION TO THE CHAIRPERSON OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO TO SIGN A Lb I ~ Et< NOTIFYING THE STATE OF COLORADO OF THE MINERAL LEASING DISTRIBUTION TO THE SCHOOL DISTRICTS - MOTION TO APPROVE - STAFF PERSON: DEBE NELSON, FINANCE DIRECTOR Commissioner Clapper moved approval of the Consent Actions Agenda as amended, pulling the Resolution appointing representatives to various boards. Commissioner Roy seconded the motion. Motion passed unanimously. RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPOINTING REPRESENTATIVES TO VARIOUS BOARDS, COMMITTEES AND AUTHORITIES AND DESIGNATING THE OFFICIAL AGENDA POSTING PLACE - MOTION TO APPROVE AS AMENDED - STAFF PERSON: HILARY SMITH, COUNTY MANAGER Commissioner Roy explained that she needs to step down from the Grassroots Board of Directors due to the [act that her six-year term has expired. She requested that she be appointed as the liaison to the Aspen School District Board. Commissioner Hatfield moved to delete any appointment to the Grass Roots TV Board and to change the Aspen School District representative to Commissioner Roy; Commissioner Ireland seconded the motion. Motion passed unanimously. Commissioner Roy and Farris thanked Commissioner Hatfield for his excellent service as chairman for 2003. BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING JANUARY 14, 2004 Commissioner Hatfield turned the meeting over to Commissioner Farris who was selected to be the new Chairperson for 2004. CONSENT ACTIONS: FIRST READING- RESOLUTION OFTHE BOARD OF COUNyy c~MMiSsiONERR ' OF PITKIN COUNTYi' COLORADO AUTHORIZING THE BOARD TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF ASPENr .COLORADo FOR ACCE88 MANAGEMENT PLAN AGREEMENT - MOTION TO APPROVE STAFF PERSON: BUD EYLAR, COUNTY ENGINEER FIRST READING- ORDINANCE OF THEBO~RD OF COEINTY COMMiSSIO~N~ OF PITKIN COUNTY, COLORADO AUTHORIZING THE CHAIR TO EXECUTE THF NECESSARY DOCUMENTS TO APPROVE THE AIRPORT LAYOUT PLAN DATE~ SEPTEMBER 03, 2003 - MOTION TO APPROVE - STAFF PERSON: STEVF HOWARD Commissioner Hatfield moved approval of the Consent Actions Agenda. Commissioner Clapper seconded the motion. Motion passed unanimously. CONSENT PUBLIC HEARINGS: PUBLIC HEARING AND APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO OF THE NEW LIQUOR LICENSE FOR THE MERRY-GO-ROUND RESTAURANT - STAFF PERSON: JENNIFER DOSS, DEPUTY CLERK PUBLIC HEARING AND APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO OF THE NEW LIQUCR LICENSE FOR CECILY'S RESTAURANT - STAFF PERSON: JENNIFER DOSS, DEPUTY COUNTY CLERK PUBLIC HEARING AND APPROVAL OF ALL CDOT (COLORADO DEPARTMENT OF TRANSPORTATION) TRANSIT RELATED GRANT REQUESTS WITHIN THF INTERMOUNTAIN REGION (SECTION 5309, 5310, 5311 BUS GRANT REQUESTS) MOTION TO APPROVE ' STAFF PERSON: BRIAN PE,TET Commissioner Hatfield moved approval of the Consent Public Hearings Agenda. Commissioner Clapper seconded the motion. Chairperson Farris opened the hearings to public comment. There being no comment, she closed the public hearings and brought the matter back to the Board for action. Motion passed unanimously. Commissioner Farris requested that the International Building Code ordinance be pulled from the Consent Public Hearings Agenda. BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING JANUARY 14, 2004 SECOND READING AND PUBLIC HEARING ON ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY~ COLORADO REPEALING THE 1997 UNIFORM COMMERCIAL CODE, THE t997 UNIFORM MECHANICAL COD~-, THE NATIONAL ELECTRICAL CODE, THE 1997 INTERNATIONAL PEUMBING CODE~ THE 1997 UNIFORM HOUSING CODE~ THE 1997 UNIFORM CODE FOt~ THE ABATEMENT OF DANGEROUS BUILDINGS, THE UNIFORM CODE FOR BUiLDiNG CONSERVATION; ADOPTING AND AMENDING THE 2003 INTERNATIONAL BUILDING CODE~ THE 2003 INTERNATIONAL MECHANICAL CODE~ THE NATIONAL ELECTRICAL CODE, MOST CURRENT EDITION~ THE 2003 INTERNATIONAL ELECTRICAL CODE ADMINISTRATIVE PROVISIONS, THE 2003 INTERNATIONAL PLUMBING CODE, THE 2003 INTERNATIONAL RESIDENTIAL CODE, THE 2003 INTERNATIONAL EXISTING BUILDING CODE, THE 2003 INTERNATIONAL FUEL GAS CODE; AND AMENDING THE CONTRACTOi~ LICENSING PROGRAM - MOTION TO APPROVE - STAFF PERSON; TONY FUSARO, CHIEF BUILDING OFFICIAL Chairperson Farris expressed a concern with respect to the sprinkling clause in the ordinance. She explained that she would not want to have sprinkling in structures, such as the Redstone Castle, due to the historic value of materials on the ceilings. Tony Fusaro, Chief Building Official, explained that this requirement is only for new construction. With respect to the issue with the castle he explained that the structure would have to be demolished and re-built for this condition to go into effect. Chairperson Farris opened the hearing to public comment. There being no comment, she closed the public hearing and brought the matter back to the Board for action. Commissioner Hatfield moved approval of the Ordinance. Commissioner Clapper seconded the motion. Motion passed unanimously. SECOND READINGS TO BE CONTINUED TO JANUARY 28, 2004 SECOND READING AND pUBLIC HEARING ON RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR JOINT FUNDING OF A REGIONAL TRAFFIC PATTERNS STUDY - TO BE CONTINUED TO JANUARY 28, 2004 - MOTION TO CONTINUE TO JANUARY 28, 2004- STAFF PERSON: ELLEN ANDERSON, EMERGENCY MANAGEMENT COORDINATOR SECOND READING AND PUBLIC HEARING ON RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING A "MASTER" (Number 1422CAA030010), ASSISTANCE AGREEMENT WITH THE UNITED STATES DEPARTMENT OF INTERIOR BUREAU OF LAND MANAGEMENT - TO BE CONTINUED TO JANUARY 28, 2004 - MOTION TO CONTINUE TO BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING JANUARY 14, 2004 JANUARY 28, 2004- STAFF PERSON: ELLEN ANDERSON, EMERGENCY MANAGEMENT COORDINATOR SECOND READING AND PUBLIC HEARING ON RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING "TASK ORDER ONE" ("TOl" Number 1422CAA030010) ASSISTANCE AGREEMENT WITH THE UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT - TO BE CONTINUED TO JANUARY 28, 2004 - MOTION TO CONTINUE TO JANUARY 287 2004 - STAFF PERSON: ELLEN ANDERSON, EMERGENCY MANAGEMENT COORDINATOR SECOND READING AND PUBLIC HEARING ON RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING A "MASTER" (Number 1422CAA030011) ASSISTANCE AGREEMENT WITH THE UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT - TO BE CONTINUED TO JANUARY 28, 2004 - MOTION TO CONTINUE TO JANUARY 28, 2004 - STAFF PERSON: ELLEN ANDERSON, EMERGENCY MANAGEMENT COORDINATOR SECOND READING AND PUBLIC HEARING ON RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING "TASK ORDER ONE" ("TOl" Number ~422CAA030011) ASSISTANCE AGREEMENT WITH THE UNITED STATES DEPARTMENT OF INTERIOR BUREALI OF LAND MANAGEMENT - TO BE CONTINUED TO JANUARY 28, 2004 - MOTION TO CONTINUE TO JANUARY 28, 2004 - STAFF PERSON: ELLEN ANDERSON, EMERGENCY MANAGEMENT COORDINATOR SECOND READING AND PUBLIC HEARING ON ORDINANCE OF TH E BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AUTHORIZING THF SALE OF THE COUNTY'S PARK AVENUE PROPERTY, CONSISTING OF APPROXIMATELY 1248 SQUARE FEET, TO DALE/PARK AVENUE, LLC - TO BF CONTINUED TO JANUARY 28, 2004 - MOTION TO APPROVE - STAFF PERSON: DEBBIE QUINN, ASSISTANT COUNTY ATTORNEY Commissioner Clapper moved to continue ail these matters to January 28, 2004. Commissioner Ireland seconded the motion. Chairperson Farris opened the hearings to public comment. There being no comment, she closed the public hearings. Motion passed unanimously. RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING THE CHEEK SUBDIVISION LOT 4 HAZARI3 REVIEW, TDR RECEIVER SITE, AND SPECIAL REVIEW TO EXCEED !5,000 SQUARE Fb~- I - TO BE CONTINUED TO JANUARY 28, 2004 AT THE REQUEST OF APPLICANT - MOTION TO CONTINUE TO JANUARY 28, 2004 - STAFF PLANNER: EZRA LOUTHIS BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING JANUARY 14, 2004 . Commissioner Roy moved to continue this item to January 28, 2004. Commissioner Haffield seconded the motion. Chairperson Farris opened the hearing to public comment. There being no comment, she closed the public hearing and called the question. Motion passed unanimously. RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ACCEPTING THE 2003 ANNUAL REVIEW REQUIRED BY THE WHITE BANKS ALABASTER MINE SPECIAL REVIEW PERMIT AND AMENDING RESOLUTION '98-64 RELATED TO HOURS OF OPERATION, WINTER OPERATIONS, AND LIMITATIONS ON BLASTING - MOTION TO APPROVE WITH CONDITIONS - STAFF PLANNER: LANCE CLARKE, ASSISTANT PLANNING DIRECTOR Lance Clarke summarized this item and the outstanding issues as addressed in his memorandum to the Board contained in the BOCC packet for this meeting, Mr. Clarke introduced Bill Westbrook and Cindy Dean with the United States Forest Service and the applicant. Richard Congdon. Commissioner Clapper asked if the relocation of the Forest Service Road has been mapped out and accepted by the Forest Service? Mr. Clarke responded that the Forest Service has met on site and has flagged a route, but they have not, at this point, permitted the construction of that road pending more engineering work from the applicant. Commissioner Clapper asked if there were public comment involved in the relocation of the Forest Service Road where the public, in the neighborhood, has the opportunity to comment? It was agreed that the Forest Service would respond to this question when they make their comments. Commissioner Farris said it seems to her, knowing the physical geographical constraints of Swiss Village, which has rock fall and avalanche issues, and if there are times when the avalanche hazard is higher that it would be appropriate to say blasting cannot occur because of the hazards. John Ely, County Attorney stated that the property is owned by the United States ultimately. And as the consequence of that you get into legally, is what is called a document preemption. If the United States, through the Congress, as determined that actions are appropriate with regard to certain of their properties, including this property in particular, then the County would be preempted from taking any regulatory action. He said the best way is to keep that in mind, when going through the different changes that are talked about to the special use permit, is to look at them in the context of off-site BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING JANUARY 14,2004 impacts. In other words, the fundamental land use decision has been definitely decided by the United States. However, the United States has not preempted local jurisdictions from looking at environmental impacts or health impacts of a given activity, for e~(ample, the mine itself. The mine is as an activityl in federal property, has been approved, and its use has been contemplated and approved by the United States Congress and there is no ability, in our hands, to say they can't mine there. However, in the conduct of the mining activity, we can look at what that activity might do to property that is not owned by the United States, which might have off-site impacts, weather they are impacts to the water quality, air quality, traffic impact on state and local roads and those type of issues. He said Lance mentioned camping and he is fairly certain that the United States has determined that camping is appropriate on lands within the White River National Forest. And so our ability to say "no" you can't have people camping on site iS probably not there. However, we can take a look at the off-site impacts and the only off-site impact he heard discussed by Lance was the scenic impact. However, at this point, he does not think there is enough facts on the record to demonstrate that one way or the other. Bob Congdon, applicant stated that a lot of the things he is asking for are things of which he voluntary gave up his rights to years ago and now he is looking in retrospect that he shouldn't of and he is fighting to get those rights back. He said everything he is applying for is necessary for his operation to run: The conStruction Of the second portal is something he is required to do because the Mine Safety Health Association (MSHA) makes him go the shortest distance to get another escape way. He said the relocation of road is a public safety issue because there are ,40 to 50 cars going through in the summer time, and due to the fact that there are always a lot of people in the area he is afraid somebody is going to get hurt. And he has agreed that the relocation of the road will be done at his expense if everyone can come to terms on how and where it is going to be done. He said three quarters of the road that he is applying to move, is an existing road and probably only 300 to 400 feet of new construction. With respect to mine timbers he said he just has to have timbers. He doesn't need them all the time, but it just happens right now, he needs them due to roof control problems. With respect to the well, it will be in his name however, the location has not been determined yet. With respect to camping on site, he said there are not too many miners left in this valley and therefore, the people he needs to recruit are going to be coming from the Paonia/Delta/Montrose/Grand Junction area whom already have homes and places to live in other areas that can't commute so they need a place to stay. With respect to the construction of a showroom office/shipping receiving building this something that was approved in 1995 for a building, but it was for a different use which was a use of a grinding/crushing/bagging operation which would create rock dust for the coal mines, which have since been shut down. So he is applying to convert that approval to an ofce/showroom/shipping/receiving building. With respect to year-round operations he cannot financially make it on six months per year because he is now dealing with wholesalers that want steady outflow. BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING JANUARY '14, 2004 With respect to the hours of operation he is proposing possibly 16 hours in the summer and eight hours in the winter. He explained that he is trying desperately to find another way in lieu of blasting. He is testing a foam machine, which would eliminate big time blasting. Additionally, he said he could possibly cut blasting down to four times a month. Commissioner Hatfield said that according to the State Office of Colorado Minerals and Geology the blasting should not create the vibratior] and the conce[n beyond 1,000 feet however, there have been numerous reports and complaints by neighbors about the vibrations. He questioned how the vibrations and off-site impacts, from blasting occur if, in fact, the proper charge is being used? Mr. Congdon responded that the proper charge will still make noise what is reduced is the vibrations that go through the earth. He said they are only using 12% of the charge that is allowed per hole.. He further explained that yesterday a representative from the Division of Minerals yesterday and he went to take pictures of a reported crack in a foundation and the owner of the house told him that they have rocks falling down all the time. He said he knows they do because they built in a rockslide and he hears the rocks coming down all the time. He further said it is strange that out of all those houses that are over there only one has a cracked foundation when there are other houses much closer that have not had any problems. He said the house that reported the crack is in the Morrison formation and he is in a different formation. Commissioner Ireland asked the Forest Service representatives if the County has the ability to protect adjacent homes, windows and foundations from damage? Bill Westbr°ok, representing the Forest Service said with respect to the road reroute for public safety reasons, that was approved in the '95 decision and due to the increased traffic Robert has decided that he wants to go ahead with that road reroute. He further explained that their wildlife biologist has conducted studies to insure that there are no impacts to the wildlife or the environment. He said that there was a public comment period conducted in 1995 and he does not feel there are any extraordinary circumstances that would 'cause him to want to revisit the road relocation approval again. With resPect to whether or not the county has any authority with regard to the blasting issue, the Forest Service does not have any authority but rather, that authority is strictly through the state's permitting process. Commissioner Clapper said it's been 10 years since the 1995 process and the changes are significant enough that she thinks it might be in the best interest of everyone to bring the public comment period back into play. Commissioner Hatfield said he thinks it would be a disservice to the public not to request an environmental assessment study because of the dramatic change in operations to year-round. He said the County's goal is to cooperatively work with the. BOARD OF COUNTY COMMISSIONERS 8 REGULAR MEETING JANUARY 14, 2004 applicant and afl other agencies to have the best result, but feels that an environmental assessment is necessary. Mr. Westbrook responded that one of the reasons for doing the wildlife assessment was to see if there were any extraordinary circumstances that showed that they would need to do an additional analysis. He further said that the Second pedal would require a small environmental assessment. However, he thinks in working with Mr. Congdon and learning about his operation plans they can address the resource and public concerns, with, in his plans, w~thout going through the expense and time of go ng throu(3h and env~ronmenta assessment study. Additionally, he explained thai at t-his tim~, they are going to be going to be monitoring the winter operation season and review that next year and that may have them go into further analysis. Commissioner Clapper questioned if the show room has Forest Serv ce approval? Mr. Westbrook responded that under mining laws, Robed has the right to show his product, enhance it to a certain degree and have the opportunity to display that and show that on site. He explained that commercial activity would fall under special use. Commissioner Roy questioned if the drilling levels are established to also Soften the off- site impacts. Mr. Congdon responded that MSHA does not take into aCCount off-site impacts however, the Colorado State DiVision of Mineral and GeOlogY is responsible for reclamation and off-site impacts. Commissioner Farris opened the hearing to public comment. There were several residents of the area who expressed their concerns with respect to the impacts associated with the mining activity. Copies of letters from the neighbors are contained in the BOCC packet for this meeting. Bill Hanks expressed a concern with the off-site impacts associated with an industrial operation being allowed to proceed adjacent to public and private lands. He further said that homes in his subdivision are located in the same rock formation as the mine. He said if Bill Westbrook with the United States Forest Service cannot help them and it's outside the County'S purview, even throUgh off-site imPlications are very obvious, they will have to go someplace else. Russ Schweis commented that he spoke with MSHA today and was advised that their records show this mine as being a totally abandoned mine~ He submitted a document a copy of a FAX'd document from MSHA related to his comments. A Copy of this document is attached to the end of the packet for this meeting under additional documents. BOARD OF COUNTY COMMISSIONERS 9 REGULAR MEETING JANUARY 14, 2004 Chairperson Farris closed the public hearing and brought the matter back to the Board for discussion, Commissioner Ireland said he doesn't know what process the US Forest Service, is proposing, but he would suggest to this Board that it thoroughly monitor whatever process to see if that process satisfies the interests of our constituents. He said this Board has limitations on wha~ it can regulate but the burden cannot rest on the homeowner ta prove that he hasn't been harmed by an operation that hasn't been exam ned for all of its effects. He said that examination ,has tO happen and if the Forest Service can come up with a way of creating an examination that allows a good science look at the impacts rather than an ElS or an EA process then more power to them. But if they can't then he thinks this Board is going to have to look for a more formal process. He said he respects Mr. Congdon's dedication to mining, but we cannot, as a local government, do what the federal government is and let the industry self regulate and be the one who dispenses the expert opinion on impacts, and he sees that at the national level. Commissioner Roy commented that she has complete sympathy for the concerns about the neighbors however, there is a limitation over what Pitkin County can decided. She reminded everyone about what has happened to downtown Aspen under that same philosophy. People mention how downtown has become more of a residential town with no commercial and that if feels dead to them. So we have to, as citizens, think about how we go forward, as a community where, we have uses other than homes and needs of people in the homes, while simultaneously respecting that when we are in our home we expect to have certain rights, peace, quiet or whatever. She said this Board is struggling, constantly, with that balancing act. Commissioner Roy moved approval of the resolution adding the following. The Board of County Commissioners is accepting the annual review, allowing the applicant to operate from 7:00 a.m. to 7:00 p.m. Monday through Saturday. The reason being that in this County, that is what the code says. The mining operation shall be year-round the idea being that we can put in a one-year trial for operations as outlined that allow the Dow, the Forest Service and Pitkin County to understand what is happening and what the on-site and off-site impacts are. Add onto condition No. 3 that we will have a work session in six months with the Forest Service, the Division of Geology, Swiss Village representatives, the Dow and Mr. Congdon. The blasting would take place from 10:00 a.m. to 3:00 p.m. with a 24-hour notification to the DOW, Pitkin County, the Environmental Health Department and adjacent homeowners. Commissioner Farris suggested an amendment incorporating Commissioner Ireland's recommended public input process to be used by Forest Service. Additionally that the Scenic Byway Committee be asked for referral comments. Commissioner Clapper said she would like to see some specific conditions of camping as far as the numbers of people, visitors, etc. Additionally, she said she BOARD OF COUNTY COMMISSIONERS 10 REGULAR MEETING JANUARY 14, 2004 would like to offer to this Board, prior to the six-month work session, that a site visit be scheduled to review the operation itself. Commissioner Farris requested an amendment that asks Mr. Congdon to keep track of the amount of traffic, specific to the mine that is generated for the six- month period. Comm!ssioner Hatfield said he is trying to get a handle on how we deal with the visual impacts whether it's the second porta! or in fact the camping and how it's impacting the Swiss Village Subdivision. Additionally he Would iikb §ome knoWledge as to how the vibration is impacting the subdivision. John Ely responded that these are off-site impacts so we would have the purview to require mitigation and so forth. However, at this point in time, there are no facts on the record to prove that there are any impacts. Therefore, we need to have some kind of facts upon which to base any conditions. He said that sort of investigation we could do ourselves. We can take on the burden of monitoring these impacts, if the Board so directs, to determine if there actually is something we need to be concerned about. Commissioner Hatfield said he thinks the first Step is to internally ask staff what our options are with respect to the activity, and the costs of those options? He further said he thinks there should be some kind of improved public process that doesn't seem incrementalized. He said we need to somehow be able to truly monitor what is going on at the site both visually and geologically. Commissioner Clapper seconded the motion as amended. Commissioner Ireland suggested an amendment that within 60 to 90 days representatives from our staff, representatives of the neighborhood, the US Forest Service and Mr. Congdon to outline a process to evaluate the concerns with respect to the off-site impacts. Commissioner Roy accepted this to her motion. Commissioner Clapper accepted this to her second. Motion passed unanimously. FIRST READING AND PUBLIC HEARING ON ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, cOLORAD° AUTHORIZING VACATION AND CONVEYANCE OF A NONrEXCLUSIVE EASEMENT ACROS,~ MOLLIE GIBSON PARK FOR PURPOSES OF ACCESS AND LANDSCAPING STAFF PLANNER: ~-~'~LA LOUTHiS Ezra Louthis gave a presentation on this item as summarized in his memorandum to the Board contained in the BOCC packet for this meeting. Curt Sanders, representing the applicant referred to his application contained in the BOCC packet for this meeting. He said he would be glad to answer any further questions if necessary, but he thinks the application is fairly self-explanatory. BOARD OF COUNTY COMMISSIONERS REGULAR MEETING JANUARY '14, 2004 Chairperson Farris opened the hearing to public comment. There being no comment, she closed the Public hearing and brought the matter back to the Board for Action Commissioner Clapper moved approval of first reading and set for second reading on January 28, 2004. Commissioner Hatfield seconded the motion. Motion passed unanimously. FIRST READING AND pUBLIC HEARING - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO GRANTING APPROVAL TO GEORGE STRANAHAN FOR THE FLYING DOG RANCH 1041 HAZARD REVIEW, CONCEPTUAL SUBMISSION, SPECIAL REVIEW, GMQS EXEMPTION CARETAKER DWELLING UNIT, AND DESIGNATING THE HIS i'ORIC RESOURCES TO THE PITKIN COUNTY HISTORIC INVENTORY, AND DENYING THE APPEAL OF AN ADMINISTRATIVE DECISION WITH REGARD TO CERTIFICATION OF TDRs - STAFF PLANNER: SUZANNE WOLFF FIRST READING AND PUBLIC HEARING - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO DENYING A REQUEST BY GEORGE STRANAHAN TO REZONE A PORTION OF THE FLYING DOG RANCH FROM RS-20/PUD TO "TRANSITIONAL RURAL/REMOTE" - STAFF PLANNER: SUZANNE WOLFF Suzanne Wolff, Staff Planner explained that the applicant proposes to preserve the ranch and to legalize certain structures on the ranch as part of his estate planning· She said the applicant's goals for the ranch is: To pass the ranch to his estate without selling of subdividing To create a ranch operating endowment using TDR"s; and To establish restrictions on development of the ranch if he estate or heirs should sell the ranch. Mr. Wolff explained that the applicant is requesting the following land use approvals: · Rezoning of a portion of the property from RS-20 to "Transitional Rural/Remote" in order to obtain TDRs. · Code amendments to transfer density betWeen separate parcelS, subject to Special Review; and to exempt historic structures from the minimum lot area per dwelling unit requirement of the underlying zone district, so an historic structure would not count as a unit of density. · PUD to transfer the South Parcel's development right to the North Parcel and to combine the acreage of the South and North Parcels for density and TDR calculations. · Special Review and GMQS EXemption to utilize one TDR to legalize the Ranch Manager's residence. · GMQS Exemption for pre-1978 parcels. BOARD OF COUNTY COMMISSIONERS 12 REGULAR MEETING JANUARY 14, 2004 · 1041 Hazard Review and Conceptual Submission to establish a building envelope that encompasses all of the existing residential and most of the agricultural structures on the ranch A maximum of 15,000 square feet of residential floor area is requested for the four residential structures within the building envelope. · Caretaker dwelling unit approval to egalize the "underground bunkhouse" · Certification of 6 TDRs from the Upper Lenado mining claims (separate from the ranch) in order to obtain YDRs. She proceeded with her presentation on these matters as summarized in her memorandum contained in the BOCC packet for this meeting. Ms. Wolff finished her presentation by saying that staff is recommending the following: · Deny the request to rezone a portion of the ranch to "Transitional Rural/Remote"' · Deny the appeal regarding certification of TDRs for the Upper Lenado mining claims; · Approve the 1041 Hazard Review. Conceptual Submission, GMQS Exemption, Special Review and Caretaker Dwelling Unit, subject to conditions; · Approve the Code Amendments to transfer density between separate parcels, and to exempt historic structures from the minimum lot area per dwelling unit requirement of the underlying zone district. Chairperson Farris explained that the dilemma here is that we're trying to find a way to place a conservation easement on a part of the property and allow the applicant to have some benefit from "rights" that he has. She said she does not want to hear that the code does not allow it. She said we have amended the code several times in the last six years and it seems to her that we could find a way to this. She thinks the goal is legalize certain structures and protect the property from future development. Commissioner Hatfield asked for a clarification with respect to the four options: Ms. Wolff explained the four options as follows: 1. The development right would be transferred and the fathering parcel would not be restricted against further development. 2 Staff's proposal of being able to transfer the right, but it is sterilized. 3. That the fathering parcel would not be sterilized but would be prohibited from being a TDR receiver site. 4. The proposal presented by the apPlicant the piece about the 50% density reduction. BOARD OF COUNTY COMMISSIONERS 13 REGULAR MEETING JANUARY 14, 2004 Jim Curtis, representing the applicant said the rural and remote with a transitional definition, is codified in the existing cede. He said he can clearly understand and appreciate staffs concern saying it should not be used in this situation, but it is a codified provision of the code. And in looking at that he thinks there is a way to go from A to B, working with the existing code, understanding that there are iSsues and concerns, etc. about doing that. He proceeded to review their concept with respect to transitional rural & remote zoning as stated in their application contained in the BOCC packet for this meeting. Mr. Curtis said from his point of view, and he thinks what the P&Z concluded is at best, the County looking at the public good, is certainly no worse off because you down zoned a piece of property. Secondly, you retain more review processes over the remaining unit because someone would have to go through a growth management competition with all of the criteria. The other point he made to P&Z, and which he thinks most people accepted is if you make the code amendment sterilize a piece of property then there is absolutely no incentive for a larger property owner to use it, because in their case, they have four units, and just to transfer to the north, why would we give up those other rights? Lance Clarke, Assistant Planning Director said the transitional section of the code is not really codified the way Jim is talking about using it. He said what Jim was recommending is that property be rezoned to transitional rural and remote. There is or never was a zoning district called transitional rural and remote. Rather there is a definition .of transitional or fringe rural and remote area and what that says is if an area is already zoned rural and remote, it may be considered transitional or fringe rural and remote if it meets certain characteristics, but we don't have a zoning district classification in the code called transitional or fringe rural/remote. Commissioner Ireland questioned if there is a pool on the property, which does not have a building permit? Mr. Curtis replied that that pool probably does not have a permit when it was built and he personally, does not know what permit would have been necessary, but he will follow up and factually find out. Commissioner Ireland moved the concept that the fathering parcel may compete for growth management allotments for development rights, but shall be prohibited from utilizing TDR's for new development rights or additional floor area, but as a condition he wants everything out there to have a permit. Commissioner Roy seconded the motion. Mr. Curtis requested some clarifications to the conditions of approval to the Resolution granting 1041 Hazard Review as follows: · Elimination of Condition No. 1. D. because it is no longer applicable. BOARD OF COUNTY COMMISSIONERS 14 REGULAR MEETING JANUARY t4, 2004 · Elimination of Condition No. 7. A. because it is no longer applicable. · Condition No. 7. B. an amendment to the language changing the "ranch manager's house" to the "straw bale house". · The Be it Further Resolved clause be amended to read "that the BOCC hereby designates the "appropriate" historic structures of the Flying Dog Ranch to the Pltkin County Historic Inventory. · Condition No. 2.A. further research to be done by staff. · Elimination of Condition No. 3. A. because it is no longer applicable. · Condition No. 3 5~ To amend the beginning language to say "The parcel has four legal development rights use to legalize the following structures: main house, straw bale house, ranch manager's house and historic cabin. Additionally to change the square footage from 15,0000 to 15,459. Commissioner Ireland accepted these amendments to his motion. Commissioner Roy accepted this to her second. Chairperson Farris opened the hearing to public comment. A short discussion ensued with Paul Taddune regarding clarifications with respect to the potential development rights on the property. Commissioner Farris asked that at second reading staff try to have some suggestion for someway to put the land in question, in a conservation easement, and that the applicant receives some benefit for doing that. Commissioner Hatfield suggested that the Board technically approve the buildings that need approval now and continue the rest of this pending a code amendment. Mr. Curtis said it seems like legalizing the existing structures is something that can be done now With the documents in front of the b°ard. It seems like the discussion on the Lenado mining claims and the additional conservation's on the ranch need to be postponed and that discussion take place at a future juncture. Ms. Wolff suggested that the resolution in front of the board does include denying the TDR appeal. Secondly, because the code amendment does need a second reading and needs to be re-noticed With all of the proper language, the matter would have to come back, to the Board, on February 11th. Commissioner Roy said she would like to amend her second to the motion by deleting paragraph 8, which reads: The BOCC further finds that the Applicant is not eligible for TDRs, based on the eliminatiOn of the development rights associated with the parcels bY the 1978 ConServation easement. Commissioner Ireland said he would like Condition No. 8 to remain in the resolution because he sees it as a benefit to the County to have TDRs extinguished. BOARD OF COUNTY COMMISSIONERS 15 REGULAR MEETING JANUARY 14, 2004 Commissioner Clapper said she does not have a problem deleting this condition, but she supports staff's position that TDRs should be denied. She further said what she is hoping for is some way of getting TDRs off of the AG lands for the conservation easements. Mr. Curtis clarified that in the application the package was taking the six TDRs from the Lenado claims, the five TDRs from the. Flying Dog and in aggregate they would create the endowment fund. With respect to the cleaning up the issue on [he Lenado claims, if it was the preference of the County, they would just deed those fee simple to the County so there is no debate abe~t a conservation easement. Bpt !twa~ the accu~ulative of the two that created the engine to create the operating endowment. Commissioner Ireland moved to eliminate Condition No. 8. Commissioner Roy accepted this to her second. After a discussion it was agreed that the resolution would be continued with Condition No. 8 included and further discuss the issue at the next reading. Commissioner Farris called the question on the motion to amend certain portions of the Resolution Granting Approval to George Stranahan for the Flying Dog Ranch 1041 Hazard Review, Conceptual Submission, Special Review, GMQS Exemption Caretaker Dwelling Unit, and Designating the Historic Resources to the Pitkin County Historic Inventory, and Denying the Appeal of an Administrative Decision with Regard to Certification of TDRS. Motion passed unanimously. Commissioner Roy moved to continue the resolution to February 25, 2004, Commissioner Clapper seconded the motion. Motion passed unanimously. Commissioner Hatfield moved approval of first reading of the Ordinance Amending Section 9-110-051 (A) of the Pitkin County Land Use Code, Growth Management Exemption for One Single Family Dwelling Unit on any Parcel which was Legally Created Before June 12, 1978, Section 3-80-060, Historic and Archaeological Resource Areas and 9-110-043, Growth Management Incentive for Preservation of Historic Structures and set for second reading on February 25, 2004 and to continue the Resolution Denying a Request by George Stranahan to Rezone a Portion of the Flying Dog Ranch From RS-20/PUD to "Transitional RurallRemote". Commissioner Roy seconded the motion. Motion passed unanimously. Chairperson Farris closed the public hearing on this item. FIRST READING AND PUBLIC HEARING - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO DENYING A REQUEST BY ST BENEDICT'S MONASTERY TO AMEND THE LAND USE CODE BOARD OF COUNTY COMMISSIONERS 16 REGULAR MEETING JANUARY 14, 2004 TO ADD A NEW SECTION 9-110-045, GROWTH MANAGEMENT INCENTIVE Tf3 OBTAIN A TDR TO EXTINGUISH AN EXISTING DEVELOPMENT RIGHT Suzanne Wolff, Staff Planner gave a presentation on this matter as summarized in her memorandum, which is contained in the BOCC packet for this meeting. Jim Curtis, representing the Monastery said the Monastery is trying to make some decisions about how to potentially buy er not buy some other parcels up there. So if they could get a TDR off of this property it would allow them to potentially entertain a purchase of a second property and if that would create a TDR it would potentially allow them to entertain a purchase of a third property. He said the date for them to make a decision to purchase the Schuster property is approximately May 1st. It was agreed that this matter should be tabled pending further discussion in the near future with respect to the TDR program. Commissioner Ireland suggested that staff research whether or not there is a simple amendment that would apply to areas like the Crystal, Frying Pan and Capitol Creek areas that would allow the Board' to.make discretionary decisions and applying a set of criteria that would allow people to extinguish these and obtain TDRs. Commissioner Haffield moved to continue this matter pending future discussion on the TDR program. Commissioner Ireland seconded the motion. Chairperson Farris opened the hearing to public comment. There being no comment, she closed the pUblic hearing and called the question. Motion passed unanimously. Commissioner Clapper left the meeting at this point in time to attend a family event. DIRECTION BY THE BOARD OF COUN~ COMMISSIONERS OF PiTKiN COUNTY;' COLORADO GIVING AUTHORIZATION TO THE COMMUNITY DEVELOPMENT DIRECTOR TO SIGN THE ADMINISTRATIVE DETERMINATION APPROVING ^ TEMPORARY COMMERCIAL USE/SPECIAL EVENT PERMIT TO UTILIZE COZY POINT RANCH AND THE BASE OF BUTTERMILK SKI AREA FOR THE 2004 ESPH WIN I ~-~t X GAMES - MOTION TO APPROVE - STAFF PLANNER: ROSEANN SULLIVAN RoseAnn Sullivan gave a presentation on this matter as summarized in her memorandum contained in the BOCC packet for this meeting. She said the main issue was the nighttime transportation issue and this has been taken care of by bringing in buses from other areas. Additionallyl there were some last minute security issues, which were brought up last week, but again, it is her understanding that the only issues that we had remaining was some issues with respect to the private security force that has been hired from the east coast. BOARD OF COUNTY COMMISSIONERS 17 REGULAR MEETING JANUARY 14, 2004 Joe DiSalvo, De,puty County Sheriff explained that there was a meeting this afternoon with the Sheriff's Department and representatives from the Ski Company and he is hoping by Friday that this minor hurdle will be resolved. Bob Braudis, County Sheriff said he thinks they are well on their way to get to a level of comfort that he needs, relative to security issues associated with on scene and off scene traffic, parking and crowd control. Commissioner Hatfield said he thinks this is reassuring for the board, but how do we articulate this for closure? He said almost doesn't give him enough security that it is there. He wants to feel comfortable that we as a county and the public safety council are going to be able to provide the securi'~y and the management for this event, as we have done in the past, which has been a complete success by many cooperative efforts. Commissioner Farris agreed by saying there needs to be some way to have the assurance that the games are going to be safe and secure for the people who live in this community, for the people who are coming for the X-Games, and for those who are arriving transit. She said she thinks everyone is a little Stunned by the lateness of the hour. Sheriff Braudis explained that because this is a non-ticketed event, it is hard to project how many people to expect. He assured the board he will have all hands on deck and that coupled with the fact that ESPN is very organized, he is very confident that when the games start that if we see any voids or deficits they can arrange to have the private and public security shift to fill those holes. He said he does not think they are going to be confronted with anything they can't handle. A representative from ESPN assured the Board that their concerns are his concerns and the problems will be worked out prior to the beginning of the games. He explained that the last part of the puzzle is staffing and they are in the process of resolving that right now and he is one hundred percent confident that they will get that worked out long before Wednesday of next week. He said they will accomplish and protect the County's assets through the cooperation of the Ski Company, the Sheriffs department, etc. Commissioner Hatfield moved to approve the special use permit contingent upon the satisfactory resolution of the items identified that are in the works or in fact will be done in a timely manner. Commissioner Roy seconded the motion. Motion passed with four yea votes. Commissioner Clapper not present. RECONSIDERATION OF RESOLUTION 149-2003 OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO GRANTING APPROVAL OF A MAJOR AMENDMENT TO A DEVELOPMENT PERMIT FOR LOT A, RESNICK SUBDIVISION (Reconsideration for the option of Category 3) - MOTION TO RECONSIDER DIED FOR A LACK OF A SECOND - STAFF PLANNER: LANCE CLARKE, ASSISTANT PLANNING DIRECTOR BOARD OF COUNTY COMMISSIONERS 18 REGULAR MEETING JANUARY 14, 2004 Lance Clarke summarized this item by saying that on December 17, 2003, the Board approved by a 3-1 vote (Commissioner Roy opposed) an amendment for Ms. Resnick that provided options for providing the required housing mitigation for Lot A of the Resnick Subdivision. Ms. Resnick is asking that the Board determination be "reconsidered", specifically as it relates to the requirement that if housing is built on site it be Category 1 or 2. Ms. Resnick would like the option of Category 3. The Board must take a vote on whether or not to "recOnsider'' a matter. A motion to reconsider can only be made by someone who voted on the prevailing side in the original decision. Commissioner Haffield moved to reconsider this appliCatiOn. Candice Resnick said that she didn't know about the Category 3 units until Commissioner Roy alerted her to it. She said she doesn't know if she is even going to build a Category 1 or 2 units, but all she asking for is for the opportunity to build the Category 3 unit. Commissioner Roy explained that to her, going to a Category 3 unit broadens the opportunity for more people to have a chance at having a place out of the city that is affordable. Commissioner Ireland said he would approve waiver of the fee for the construction of a Category 1 or 2 unit if it were to be constructed. The motion for reconsideration of the application died for a lack of a second. REQUEST BY THE PINECREEK COOKHOUSE FOR USE OF THE A~FRAMES FOR EMPLOYEE HOUSING - MOTION Glenn Horn, representing John Wilcox and the Pine Creek Cookhouse, stated that the Forest Service has given them an additional two years for use of the schoolhouse for employees. He asked that they be able to use the A-Frame for the remaining .9 FTE's. He submitted a letter associated with this request. This letter is attached to the end of the packet for this meeting under additional documents. John Ely, County Attorney said he does not have a financial security, a letter of credit or anything else for $372,000 per the requirement in the resolution. Commissioner Ireland moved to extend the temporary certificate of occupancy for one week and that it become permanent within that week provided that the applicant provide a letter of credit for $372,000. Secondly a letter from the Forest Service saying that there is an additional two years of use for the school house and then the A-frames can qualify for the .9 FTE's. BOARD OF COUNTY COMMISSIONERS '~9 REGULAR MEETING JANUARY 44, 2004 Glenn Horn explained that there is a disagreement between the applicant the county staff regarding special events, how they should be applied for and what constitutes a special event. He said there are two ways that this issue could be addressed one would be through a master plan amendment or another might be an appeal of an administrative decision as to what constitutes a special event. He asked that if it is the staff's position that activities described in [hi~s letter constitutes a special event that this be placed in writing to the applicant and t~at the applicant be given the opportunity as laid out in the code, to appeal the administrative decision short of amending the master plan. Cindy Houben said she was faced red tagging the Pine Creek Cook House over the holidays because of two seatings when it very clearly states, in the master plan, that there shall only be one winter night seating. And she made the concession that we would consider those second seatings because John was just getting started with his new building, and we would call them special event nights and those would be deducted from the 35 special events that he could have in order to get him through the holidays. She said she feels that she really stuck her neck out there doing that but it was her understanding was that we were going to clarify through amendments now it has been brought in again, in this letter, as "some misunderstanding" about the way it runs. She said she feels that this should be cleaned up through very clear amendments that are applied for and debate it that way. John Ely, County Attorney, supported Ms. Houben by saying the temporary CIO should have never been issued period, and we were all being accommodating and that's the reality of it. And it comes to a point where staff needs to check in with the decision- makers to see if we are going too far and where do we draw the l!ne and start making everybody tow it. John Wilcox said that the interpretation is that historically, for as long as he has the place for 16 years, that during high season, for certain times of the year, there has been more than one seating. He requested that the board go back and look at the resolution, look at your material from your files, you will see that nothing says that you cannot have two seatings but rather, it says "normally" there is one seating. With respect to the letter of credit, he said he in good faith, did block the $372,000 at the bank. He said those funds are still available to the County. Commissioner Farris suggested that this matter be placed on the agenda on January 20th for further discussion on the issues. Commissioner Haffield seconded the m0ti0n. Motion passed with four yea votes. Commissioner Clapper not present. ADJOURNMENT: Commissioner Haffield moved to adjourn the meeting at 8:30 p.m. Commissioner Roy Seconded the motion. Motion passed with four yea votes. Commissioner Clapper not present. BOARD OF COUNTY COMMISSIONERS 20 REGULAR MEETING JANUARY 14, 2004 Respectfully submitted, Jeanette Jones Clerk to the Board of County Commissioners Dorothea Farris, Chairperson Board of County Commissioners g\minutes\2OO4\bocc, reg.01142004.doc BOARD OF COUNTY COMMISSIONERS 21 REGULAR MEETING JANUARY 14, 2004