Loading...
HomeMy WebLinkAboutbocc.reg.mtg.mins.03242004MINUTES OF PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR MEETING DATED MARCH 24, 2004 APPROVED APRIL 14, 2004 MINUTES. PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR MEETING MARCH 24~ 2004 NOTE: For all staff memorandums and associates documents, including additional exhibits submitted, refer to BOCC PACKET for March 24, 2004 CALL TO ORDER: Chairperson Dorothea Farris called the regular meeting to order at 2:01 PM. COMMISSION MEMBERS PRESENT: Commissioner Dorothea Farris, Patti Clapper, Jack Hatfield, and Mick Ireland COMMISSION MEMBERS ABSENT: Commissioner Shellie Roy was on a family vacation in lovely Hawaii ADDITIONS/DELETIONS TO THE AGENDA: None PROCLAMATIONS: None PUBLIC COMMENT: Eric Skarvan is the event director for the Sun Dog Athletics. It will be held at Buttermilk Mountain on April 10, 2004 and is a fund raiser for the new Aspen/Pitkin Animal Shelter. He is requested the fee for the temporary commercial use/special event permit be waived. His application on this request can be found in the BOCC packet material for March 24, 2004. The board agreed to waive the fee in the amount of $420.00. It will be taken out of the board's discretionary fund. Staff was directed to do so. COMMISSIONER COMMENTS: Commissioner Clapper announced that Commissioner Shellie Roy was on a family vacation. Commissioner Clapper also announced that she would be on vacation next week in California to visit with her family. Commissioner Hatfield wanted to bemoan the going out of business of Little Feet at the Health and Human Services Building. He said that it's a shame that it went down due to a lack of economic sustainability. He said that it is a cycle the whole BOARD OF COUNTY COMMISSIONERS 1 REGULAR MEETING MARCH 24, 2004 country seems to be going in. He said that there is not enough funding for social services, education or public lands. Unfortunately, he concluded, there is enough funding for bombs. He added that there's a real challenge coming up in November and hopefully America rises up to the occasion and becomes less partisan and more hopeful. Commissioner Iretand said that he testified Monday afternoon against the legislation that would prohibit Pitkin County or the City of Aspen from acquiring open space land with condemnation. He said that he had the support of the board in that testimony and they're hopeful that condemnation will not be taken away from them as a means of acquiring open space. On Friday, he went on the State Transportation Advisory Committee recommended an increase in the gasoline tax which currently has the buying power of say 30% of what it used to have. He said the board's theory in that resolution was that you can't have highways for free, anymore than you can have education for free so he supported that. He continued on by saying that he was appalled that we are going to start charging money for kindergartens. He said that he thinks we have enough have not division in this country and community without creating yet another means of dividing people according to how much money they have as opposed to talent. Chairperson Farris wanted to follow up on Commissioner Ireland's last statement. She said that some have followed the State Park's issue and a threat from the JVC budget committee to cut funds to parks. Then, she explained, they were surprised when they found out that when some of those funds to parks were cut that some of those parks had fewer services or would have to close. Once they heard that ten (10) State Parks might have to close if they didn't get the funding, the JVC said they wished they had been told sooner. Now, they are going to put money back into the parks but it will be coming from education funds. So schools are looking at where they are legally allowed to cut. Unfortunately, kindergarten and bussing are two of the areas at which they are looking. Commissioner Clapper said that she has concerns that there are no plans yet for these educational cuts and that parents are going to be asked on April 5th to make a decision for full or half day without a plan in place. CONSENT ACTIONS: APPROVAL OF MINUTES OF PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS SPECIAL MEETING DATED FEBRUARY 24, 2004; REGULAR MEETING DATED MARCH l0T 2004; WORK SESSION DATED FEBRUARY 18~ 2004; AND WORK SESSION DATED MARCH 02~ 2004 - BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING MARCH 24, 2004 MOTION TO APPROVE - STAFF PERSON: JEANETTE JONES~ CLERK TO THE BOARD OF COUNTY COMMISSIONERS READING ON RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY ON ABATEMENT PETITION FOR PROPERTY TAX REFUND FOR CARTER A. SCHLUMBERGER - MOTION TO APPROVE - STAFF PERSON: CAROL FOOTE~ COUNTY TREASURER READING ON RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO OPPOSING DRILLIN(~ FOR NATURAL GAS ON THE TOP OF THE ROAN PLATEAU~ AND SUPPORTING GARFIELD COUNTY IN ITS CONCERNS ABOUT SUCH DRILLING - MOTION TO APPROVE - STAFF PERSON: DEBBIE QUINN~ ASSISTANTCOUNTY MANAGER Commissioner Clapper moved to approve the items under the Consent Actions. Commissioner Hat'field seconded the motion. Motion passed four to none (Commissioner Roy not present). Commissioner Clapper wanted to thank Debbie Quinn for helping the board rewrite the Roan Plateau resolution to clarify that it was on the top and to add the board's statements about this being a nationally recognized endangered plant species area. Commissioner Hatfield seconded Commissioner Clapper's statement and added that it was a real pleasure working with Garfield County on an issue such as this. CONSENT ACTIONS: FIRST READING ON ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY~ COLORADO ,APPROVING ACQUISITION OF THE LITTLE CHIEF LODE - MOTION TO APPROVE AT FIRST READING AND SET SECOND READING AND PUBLIC HEARING TO APRIL 14, 2004 - STAFF PERSON: DALE WILL~ OPEN SPACE DIRECTOR Commissioner Hatfield moved to approve the Little Chief Lode acquisition ordinance on first reading and set second reading and public hearing to April 14, 2004. Commissioner Clapper seconded the motion. Motion passed four to none (Commissioner Roy not present). Commissioner Hatfield thanked Lyle Reeder, the owner of the Little Chief Lode, for working with the County and making this available. BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING MARCH 24, 2004 CONSENT PUBLIC HEARINGS: County Manager Hilary Smith informed Chairperson Farris that staff had some additional information on item number 6 regarding the Ordinance setting Community Development Fees. Therefore, this item was pulled from Consent Public Hearings and addressed separately. SECOND READING AND PUBLIC HEARING ON ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY~ COLORADO AUTHORIZING THE CONVEYANCE OF A PARCEL OF LAND TO THE DEPARTMENT OF TRANSPORTATION~ STATE OF COLORADO - MOTION TO APPROVE - STAFF PERSON: BUD EYLAR~ COUNTY ENGINEER SECOND READING AND PUBLIC HEARING ON ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY~ AMENDING CHAPTER 11.36 (CONTRACTOR LICENSING) OF THE PITKIN COUNTY CODE - MOTION TO APPROVE - STAFF PERSON: TONY FUSARO, COMMUNITY DEVELOPMENT SECOND READING AND PUBLIC HEARING ON ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, APPOVING OFF-AIRPORT RENTAL CAR ASSlGNMENT~ ASSUMPTION AND CONSENT AGREEMENT WITH DTG OPERATIONS~ INC. FOR THE PROVISION OF OFF- AIRPORT RENT-A-CAR OPERATIONS AT THE ASPEN/PITKIN COUNTY AIRPORT - MOTION TO APPROVE - STAFF PERSON: JIM ELWOOD~ AIRPORT SECOND READING AND PUBLIC HEARING ON ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY~ APPROVING ON-AIRPORT RENTAL CAR ASSIGNMENT~ ASSUMPTION AND CONSENT AGREEMENT WITH DTG OPERATIONS~ INC. FOR THE PROVISION OF ON- AIRPORT RENT-A-CAR CONCESSION SPACE AT THE ASPEN/PITKIN COUNTY AIRPORT - MOTION TO APPROVE - STAFF PERSON: JIM ELWOOD~ AIRPORT RESOLUTION APPROVING GRANT TO THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY - TO BE CONTINUED TO APRIL 147 2004 Chairperson Farris opened the public hearing on these matters. BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING MARCH 24, 2004 Commissioner Hatfield approved the items under Consent Public Hearings. Commissioner Clapper seconded the motion. Motion passed four to none (Commissioner Roy not present). SECOND READING AND PUBLIC HEARING ON ORDINANCE OF THF BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY~ COLORADO~ ESTABLISHING FEES FOR THE COMMUNITY DEVELOPMENT DEPARTMENT AND REPEALING AND REPLACING ORDINANCE 007-2003 - MOTION TO APPROVE AT SECOND READING AND CONTINUE TO THIRI') READING ON APRIL 14~ 2004 - STAFF PERSON: LANCE CLARKF Assistant Community Development Director Lance Clarke addressed the board on this item. He informed them about the portion dealing with referral fees with regard to Environmental Health, Engineering and Wildlife Officer as they relate to Community Development applications. He said that they also have been increased by 4%. The document now in front of the board does not reflect that but the publication advertisement in the paper does. Mr. Clarke suggested that the board approve it today, if agreeable, and continue this item to a third reading on April 14, 2004. Mr. Clarke will then submit the corrected documentation. Commissioner Hatfield moved to approve this ordinance on second reading and continue it to third reading on April 14, 2004. Commissioner Clapper seconded the motion. Motion passed four to none. (Commissioner Roy not present) LAND USE CONSENT PUBLIC HEARINGS: Commissioner Clapper had some concerns about the following item and therefore Chairperson Farris pulled it from the Consent Agenda for discussion. READING AND PUBLIC HEARING ON RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY~ APPROVING THF SKI.COM SPECIAL REVIEW - MOTION TO APPROVE - STAFF PERSON: SUZANNE WOLFF, SENIOR COUNTY PLANNER Commissioner Clapper said that there is an issue in trying to keep locally serving businesses at this end of the valley. She said that the Ski Company recently repurchased part of their old building that they sold to Hansen Construction and BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING MARCH 24, 2004 eliminated a lot of small office spaces. She said that she thinks that this item is a good deed because it does serve the community. But, she wanted to remind everyone that we are losing a lot of office space. She wants the board to keep this in mind with future requests. Richard Klein, applicant/representative of Ski. Com, said that they are currently in town in the building that might become that parking structure across from the Weinerstube. Their lease is gone and they want to keep their employees in the upper valley. Commissioner Hatfield concurs with Commissioner Clapper's comments. But, he added, he hopes that the board looks at the AABC potential when re-writing the Code. Chairperson Farris opened this matter to public comment and added that the public hearing portion was open for the remainder of tonight's meeting. Commissioner Hatfield moved to approve the Ski.com special review. Commissioner Clapper seconded the motion. Commissioner Hatfield moved to approve Ski.com special review. Commissioner Clapper seconded the motion. Chairperson Farris opened the public hearing on this matter. As there was no comment, she called the question. Motion passed four to none. (Commissioner Roy not present) LAND USE PUBLIC HEARINGS: READING AND PUBLIC HEARING ON RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY~ DENYING THE WHIDDON APPEAL OF THE HEARING OFFICER'S DETERMINATION TO DENY THE WHIDDON 1041 HAZARD REVIEW AND CONCEPTUAL SUBMISSION - MOTION TO DENY THE APPEAL, BUT GRANT RELIEF FROM MERGE~ STAFF PERSON: EZRA LOUTHIS Ezra Louthis, County Planner, made a very short presentation based upon his memorandum to the board. Said memorandum can be found in the BOCC packet material for March 24, 2004. BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING MARCH 24, 2004 Mr. Louthis said that staff recommended denial based upon the fact that the subject parcel (Lot 21, Shield O Terrace) had no development right because it was merged with the adjacent parcel (Lot 20, Shield O Terrace). Tom Smith is the attorney for the applicants, John and Denise Whiddon who were present for this appeal. Mr. Smith gave an outline of what the applicants' position was on this appeal as outlined in his February 05, 2004 letter to the Board of County Commissioners. Said letter is in the BOCC packet material for March 24, 2004. He is asking the board to grant an exemption from the merger rule in accordance with statutes cited in his letter. Mr. Smith said that Lot 21 was separate from 1969 until 2000 when the Andrews, who owned the adjacent lot (Lot 20) on which their home stood, purchased Lot 21. In 2003, they sold Lot 21 to the Whiddons. He said that the Andrews thought that they owned a separate lot as did the Whiddons went they purchased it. The lot has been separately assessed by the County for tax purposes, he said. The Homeowners Association also assessed the Andrews twice because they treated.the two lots as separate lots. Although the Whiddons did not know the lots were merged, they did know, added Mr. Smith that a 1041 had to be submitted. Alan Richman was hired for that purpose. Alan Richman, applicant's planning representative, went on to address potential impacts and developmental lot issues. He went over three points with the board. They were: Point 1 He stresses the fact that Lot 21 is not a mining claim nor is it a rural or remote parcel of land which would be the typical parcel in a merger situation. This is a lot in a developing rural subdivision and one that is served by a standard level of service. Point 2 He walked the board through the 1041 issues to show the board that this particular lot could be developed in a manner that complies with the County 1041 standards. Point 3 Although there is an objecting neighbor, he went on to say that those objections should not be the basis for the board to say no to this application. The neighbor is Sallie Shatz. A letter from her attorney, Jennifer Causing to County Attorney John Ely is in the meeting packet and is dated January 21, 2004. Mr. Richman added that they are aware of Ms. Shatz's merger concerns and he believes that they are totally prepared to mitigate those concerns and work with the neighbor. Mr. Richman guesses that Ms. Shatz's real concern is with regard to the site specific development of this lot. BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING MARCH 24, 2004 Mr. Richman repeated what Mr. Smith had said earlier. He said that if the board can get through the merger question, they wou~d be totally comfortable with the board sending it back to the Hearing Officer to review the 1041 or the board could take on the 1041 itself. Tom Whiddon and Denise Whiddon gave the board a brief history of their contracting Lot 21. Jennifer Causing of Krabacher Sanders PC addressed the board on behalf of neighbor Sallie Shatz. Her presentation mirrored her January 21, 2004 letter to John Ely that can be found in the packet material for March 24, 2004. She handed out two maps from the Assessor's office with sales and sale prices of neighboring lots. Said maps are attached to the end of the meeting packet for March 24, 2004. Ms. Causing additionally argued that the price that the Whiddons paid for Lot 21 was well below the asking price. She also stated that no Deed of Trust was recorded in connection with that lot. Ms. Causing requested that should the BOCC grant this appeal, she would like the Whiddon's 1041 application remanded back down to the Hearing Officer to address the underlying matters of the 1041 hazard review. Commissioner Ireland asked Ms. Causing if she had any reason to believe that the Whiddons or their agents knew or had knowl,edge that the merger imperiled the value of their lot. Ms. Causing responded by saying that she had no reason to know if they knew the lots were merged or not. She said that they represented through their attorney Tom Smith that they did not know that the lots were merged. He asked no one in particular whether or not anyone asked the Planning Office if there was a pre-application conference or any kind of conference by the Andrews that would inform them of this prior to the sale. Lance Clarke and Ezra Louthis said that they knew of no contact made. BOARD OF COUNTY COMMISSIONERS 8 REGULAR MEETING MARCH 24, 2004 Sallie Shatz owns the property next to the Whiddons. She spoke to the board about the Shield O Terrace subdivision and the problems that it has had. Her argument is that "the law is the law". She said that if these two lots were merged then anything else is really not a question of substandard lots. Ms. Shatz submitted eight photographs of the area in question. These photographs can be found attached to the end of the meeting packet for March 24, 2004. Cynthia Tester, attorney from Beattie & Chadwick, represents Coates, Reid & Waldron realtors in Snowmass Village. Her letter dated January 26, 2004 can be found in the meeting packet material for March 24, 2004. She addressed the board as outlined in her letter. She informed the board that also present were Laurie and Ross Andrews, previous owners of Lot 21 and Steve Lamar and Greg Didier, both realtors at Coates, Reid & Waldron when the property was originally brokered. Ms. Tester discussed her concerns over portions of the Land Use Code regarding mergers and subdivisions. Laurie and Ross Andrews addressed the board. Mr. Andrews said that he had absolutely no idea about mergers. He has never met with any land use "people" and no one has ever mentioned mergers to him. He said he had to plead complete ignorance. Laurie Andrews said that she came in to begin the 1041 process and did go to the planning department, but only to check on the 1041 procedures. But, upon finding it too complex and too expensive, she stopped her pursuit and instead hired Alan Richman to assist her. Mr. Richman said that he did work with the Andrews for a short time but mergers were not discussed. Greg Didier is a co-listing realtor for Coates, Reid & Waldron. He was the transaction broker for the buyer but he was working at a different company at the time. It was I'isted for two years. He said that he suggested that the owners start the 1041 process to make the property more marketable. They were all in the process of the 1041 so that it would be ready for submission when a buyer came in. Commissioner Hatfield wanted to make a disclosure to the board. He said that he had had a very brief conversation with a friend of the Andrews who started to BOARD OF COUNTY COMMISSIONERS 9 REGULAR MEETING MARCH 24, 2004 talk to him about this appeal. As soon as he realized it was something that passed through his desk, he stopped the conversation. Also, he continued, Mrs. Andrews works for his wife at Highlands. He said her working for his wife would have nothing to do with his decision making process. Chairperson Farris asked Greg Didier, Alan Richman, and John Whiddon and Denise Whiddon if they were willing to go under oath and, under oath, swear that they were unaware that the lots were merged? Clerk to the board and notary, Lyndee R. Dean, had the following people raise their hands and swear that they had told the whole truth at this proceeding. They were Tom Smith, Alan Richman, John Whiddon, Denise Whiddon and Greg Didier and all responded yes. Commissioner Ireland moved to deny the appeal on the grounds that the proper procedure here is not granting of an appeal. This decision does not resolve the 1041 issues, but grants relief from merger on the basis of the Colorado Revised Statute (30-28-101 (10) (d), not on the basis of an interpretation of our Land Use Code. Commissioner Clapper seconded the motion. Commissioner Ireland made it clear that those who participated in swearing under oath agreed with the statement that they didn't have knowledge that this parcel was merged prior to the purchase. He asked those who participated if that were right? Tom Smith, Alan Richman, John Whiddon, Denise Whiddon and Greg Didier all responded with yes. Motion passed 4 to none (Commissioner Roy not present). Mr. Ely said that he would like the board to bring back the resolution. He said that he wants the board to reflect the findings of Commissioner Ireland's motion. CONTINUED READING AND PUBLIC HEARING FROM FEBRUARY 1 I, 2004 ON RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY~ COLORADO~ DENYING EXPANSION OF A NON- BOARD OF COUNTY COMMISSIONERS 10 REGULAR MEETING MARCH 24, 2004 CONFORMING USE AND GMQS EXEMPTION FOR PLANTED EARTH GARDEN CENTER - MOTION TO APPROVE~ AS AMENDED - STAFF PERSON: EZRA LOUTHIS Tom Smith, representing Dudley Hawkins (Planted Earth) applicant, addressed the board. He said that Mr. Hawkins already had plans to be out of town at this time, but Mr. Smith was ready to proceed. Mr. Smith would ask for a continuance if the board had any direct questions for Mr. Hawkins. Ezra Louthis, County Planner, proceeded with his presentation to the board as mirrored in his memorandum dated March 24, 2004 which can be found in the BOCC packet material. Mr. Smith began his presentation by speaking to the history and background of this property as outlined in his December 02, 2003 letter to the BOCC. Said letter, originally a part of the February 11, 2004 meeting packet, has been attached as a supplemental exhibit and can be found at the end of the packet material for March 24, 2004. Mr. Smith said that he is aware that a business called Mountain Greenery, Jillian Kops President, objects on the basis that five years ago they looked at the property and were told that they couldn't do this on the property. Mr. Smith said that whatever information they got he is sorry, but it was wrong. He said we are not going to cure that defect by turning down this application. Planted Earth is not going to go away if this application is turned down. Mr. Smith discussed the following three aspects to the application itself. They are: 1 2 3 The greenhouse Legalizing the overhang on the existing building which is a replacement of an old trailer that had been there before Wooden shade (pergola) structure Commissioner Hatfield questioned a 200 foot set back that wholly lies within the Highway 82 set back. Mr. Louthis responded by saying that in order to expand anything applicant would have to get a variance from the 200 foot set back which is part of the plan requirements. A short discussion ensued on this set back issue which is shown as requirement number 3 on the draft resolution which can be found in the meeting packet material for this item. The requirement reads as follows: any development located within the Highway 82 setback shall require a variance from the Board of Adjustment. This approval does not assure approval of the variance. BOARD OF COUNTY COMMISSIONERS 11 REGULAR MEETING MARCH 24, 2004 Ezra Louthis announced that he had received a letter from Mountain Greenery President, Jillian Kops on March 23, 2004. He submitted it for the record and it can be found attached to the end of today's meeting packet material. Jillian Kops, President of Mountain Greenery Plantscapes, wanted to address the board regarding her objections to this application. Ms. Kops made her comments based upon her letter dated March 22, 2004. Said letter is attached to the end of today's meeting packet material. Start Clauson, a Snowmass Village resident, told the board that this valley is blessed with some wonderful facilities to buy plant materials and landscape, Mountain Greenery among them. He said that he thinks the location of Planted Earth is so close to Aspen and Snowmass Village and he thinks it is a wonderful asset to the community. He encouraged the board to continue to maintain and support the diversity of facilities that exist up and down the valley. Chairperson Farris read a letter from Commissioner Roy who was not present at today's meeting. She requested support from the board on this application but also requested a rezoning to neighborhood commercial or the appropriate "B" zoning. Commissioner Roy's letter is attached to the end of the packet material. Commissioner Clapper moved to approve this application with the addition of the variance issues (setbacks - Highway 82 or the boundary) and clarification on the building permit (verify that there was one for the structure that exists). Commissioner Ireland seconded the motion. NOTE: Commissioner Clapper made it very clear that this is not an expansion. There are traffic egress issues on that stretch and there is an evaluation being done on that now. She does have public safety concerns with that Highway. Chairperson Farris reiterated the motion by saying that Commissioner Clapper was making a motion to approve the recommendation of staff with the two additions. One is to make the structure legal if it can't be proven that it has had a building permit. The other is the various set back issues (condition number 3 in the draft resolution). CommiSsioner Hatfield said that he supports the concept of what is being requested here, but he said that he is having some heartburn about expansion of non-conforming uses. We're building about 2000 square feet of structures here, he continued, and he said that he is feeling a little uncomfortable that that should occur because we're saying that can occur and you can go to the Board of Adjustment. For him, he said, he isn't sure that this should happen. Therefore, he respectfully declined to vote in favor of this request because of his discomfort of an expansion of a non-conforming use with that much development. If we re- BOARD OF COUNTY COMMISSIONERS '12 REGULAR MEETING MARCH 24, 2004 write the Code, he concluded, as we are intending and do some work on that, he said that he might be more favorable the next time something like this comes in. Chairperson Farris called the question. Motion passed three to one with Commissioner Hatfleld voting nay (Commissioner Roy not present). FIRST READING - RESOLUTION APPROVING THE W/J RANCH SUBDIVISION/PUD CONCEPTUAL SUBMISSION, 1041 HAZARD REVIEW, SCENIC OVERLAY REVIEW AMENDMENT TO DEVELOPMENT PERMIT~ MAJOR PLAT AMENDMENT, GMQS EXEMPTION/INCENTIVE FOR AFFORDABLE HOUSING, AND LOT LINE ADJUSTMENT - MOTION TO APPROVE AND SET FOR SECOND READING ON APRIL 14~ 2004 - STAFF PERSON: LANCE CLARKE, ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR Lance Clarke explained that there are some W/J residents in attendance tonight who want to make an appeal to the Board that this item be tabled this evening. He suggested that the Board hear the appeal and then entertain whether or not it wants to table this item at this juncture. Nina True, an adjoining homeowner of the project, requested that the Board table this matter pending the minutes from the Planning and Zoning Commission being submitted into the record. She said she thinks there is a very strong condition (in the minutes) that the P&Z approval was contingent upon the fact that this proposal mitigates the existing homeowners' concerns. After a short discussion, it was the consensus of commission members that the applicants should be allowed to give their presentation and then take comments from the homeowners on the road issue. Commissioner Ireland said he wants to know when the associations' affordable housing will be built, when the employee lots are going to be deeded to the homeowners association, how they are going to pay for the water system that is going to serve everybody, and how much the existing homeowner's association fees will be to cover the system. Commissioner Clapper questioned if there were sufficient rights for the project? Mr. Clarke spoke to Commissioner Ireland's issues by explaining that the agreement, with the homeowners association, is that they will take cash in lieu for the two lots. With respect to how the water system is going to be funded, an application has been filed, through the County, for a metropolitan district, which will come before the Board on April 28th. With respect to the homeowners fees associated with the metropolitan district, in comparison with what they pay today the preliminary numbers will equal essentially what they currently pay, which is $136 per month. With respect to the water issue, there are sufficient water rights BOARD OF COUNTY COMMISSIONERS 13 REGULAR MEETING MARCH 24, 2004 for all the units proposed and landscaping for those units. He explained that there is a not sufficient right for a pond, that already exists that has water in it or a swimming pool. He said the county attorney has said that there are sufficient rights'for the project, but if the applicant can not prove adequate water for the pond or the pool they will have to be eliminated from the project. With respect to Ms. True's issue, with the road alignment, he said that as far as the W/J Homeowners' having a say, he said they have had the opportunity to comment at the Growth Management hearing and two Planning and Zoning Commission meetings. He noted that the only comment they have stated, thus far, is that their Board of Directors agree to the movement of the three RIO lots. He explained that there are some homeowners who have particular concerns because they feel that this plan affects them deleteriously. He said his feeling is that the homeowners association, as a group, is probably not able to come to an agreement because there are some homeowners who are affected and many homeowners who are not. He proceeded with his presentation as summarized in his memorandum contained in the BOCC packet for this meeting. Jim Di Francia gave and overview of the project as outlined in their application contained in the BOCC packet for this meeting. He submitted into the record a letter of intent to annex the free-market lots into the White Star Association and to convey to White Star Ranch the approximately 25 acres of pasture land on the upper bench. A copy of this letter is attached to the end of the packet for this meeting, under additional documents. Mr. Di Francia said with regard to the W/J Homeowners' Association, he said he thinks it is absolutely correct to say that the W/J Homeowners' Association, as a Board, has endorsed this plan and is supportive of it. Additionally, he noted that they submitted a petition to the Planning and Zoning Commission, which had been circulated among the residents, comprising of 30 some signatures out of 45 inhabited units, expressing homeowner's support. He said there are three homeowners who are here this evening, and appeared at P&Z, who have a concern with respect to the road issue, but the majority of the homeowners are in support of the proposal. He said with respect to the two employee units they have a written agreement with the homeowners association to compensate them with cash in lieu upon approval of this plan. With respect to the road issue, he said they are reversing the cul-de-sac. It now dead ends on one end and they are going to have it dead end on the other end. So by definition, these folks instead of living at the end of a cul-de-sac will live at the beginning of the cul-de-sac. He said they have done a lot in terms of the alignment of the proposed new road and in terms of commitment to landscaping. He said they have gone the extra mile to try and resolve all the issues and with respect to the impact of the proposed new road on three homeowners, they think they have undertaken to mitigate that and they do think they can demonstrate that the mitigation is something that should be acceptable. They think it is a BOARD OF COUNTY COMMISSIONERS '14 REGULAR MEETING MARCH 24, 2004 change, but they don't think it's a dramatic change that should preclude the approval of this project. Stan Clauson, Planning Consultant for the applicant, proceeded with an overview of the project and disposition of some of the land as outlined in their application. With respect to the circulation issue, he said there are a number of planning reasons, including being able to have the open space flow into the upper areas, they are eager to eliminate the existing long piece of asphalt that goes around and also, as part of the proposal, they would be eliminating another piece of asphalt, which is currently used as part of the access. He explained that at the time of their meeting, with the P&Z, they showed the plan and there was some concern expressed that this would flip the cul-de-sac and the P&Z asked them to look carefully at this proposal and to work with the homeowners to the greatest extent possible. He pointed out that with the removal of three units they have very few additional units after Nina True's house that would be impacted by the proposed roadway. He explained that the road way alignment was done in conjunction with Bud Eylar (County Engineer) and his recommendations as well as working with Gordon, Schmuesser Meyer to make sure that they had good horizontal curvature. With respect to Nina True's property, he said in the road's present condition, the road cuts across her property and runs along side her property line and then comes to a dead end with no cul-de-sac or property turn- around provided for fire department purposes. Under the proposal, he said they would move the road 15 feet from her property and install landscaping to provide any screening from headlights to mitigate for the fact that the flow of traffic had been reversed. He said from a planning standpoint, the proposal is an appropriate road curvature, it's within the existing easement, and where it deviates from that it deviates away from the property owner's houses and provides for additional screening. So in that respect they feel they have tried hard to be forth coming and work on the problem in the manner that the P&Z had asked them to do. Mr. DeFrancia addressed Commissioner Ireland's three questions as follows: · The proposal calls for the employee housing to be built before the first permit is issued for a free-market lot. · With respect to the dedication of the lots to the homeowners association they have committed to pay the homeowners a cash in lieu payment Further upgrades to the water system, with expansion of the storage tanks and lines, would be done in conjunction with the infrastructure improvements associated with this approval. Commissioner Ireland requested that the agreement with respect to payment of cash in lieu, be submitted prior to second reading. BOARD OF COUNTY COMMISSIONERS 15 REGULAR MEETING MARCH 24, 2004 Commissioner Clapper and Haffield commented that the homeowners should create a capital reserve with the cash in lieu payment and it would be up to them to manage their future as part of future metro district. Chairperson Farris opened the hearing to public comment. Michael Owsley, Chairman of the Woody Creek Caucus Planning Commission, commented that the planning commission and the caucus are in favor of this settlement proposal, and urged the Board to accept this plan. Phil Holstein, a Board member of the White Star Ranch Homeowners Association and the Woody Creek Planning Commission, said the White Star Homeowners had a board meeting, as recently as today, where they further affirmed their support of this compromise, which will keep as open space, all of that beautiful agricultural land, which people in the entire community enjoy. He urged the Board to accept this proposal. Nina True, the homeowner who would be impacted greatly by the road, said rather than coming to the Board as a homeowner that says no, she walked the land the other day and came up with a revised plan that she believes would benefit the Lowe people as well as some of the homeowners. First she said she would like to make a correction with respect to what was presented with respect to the number of units that would be impacted by the new road alignment from 9 units to 11 units. Ms. True said she has two issues with respect to the proposal. The road alignment is a very serious issue to her, but also the loss of the ranch is her primary concern. She explained that there has been a ranch there ever since here house was built in 1903, with the exception of the last three or four years when John Musick got rid of all the animals. She said she thought of a plan that might be able to maintain those corrals and retain the ranch character of the neighborhood, which she has been told, since she lived there, was a prime concern to everyone. She said there was a meeting at her house last night, of several homeowners, who did not know that their Board brought the county a letter of support, they were not asked, and they in essence, made a land use decision without asking any of them. She said she called the president of the homeowners association, Phil Wittingham, and he apologized to her by saying that he believes that they try very hard to make correct decisions, but this one, he believes, was a mistake. She said the homeowners that met at her house last night would like an opportunity to meet with their board and talk to them about possibly never doing anything like that ever again. She proceeded with a presentation showing her amended proposal relocating the lots including a new proposal for the road alignment. She said her design would enhance the views of the proposed large free-market homes, and provide a private drive to the units. Additionally, she said the current alignment would remain a driveway, which it BOARD OF COUNTY COMMISSIONERS '16 REGULAR MEETING MARCH 24, 2004 has always been. A copy of this proposal is attached to the end of the packet for this meeting, under additional exhibits. Itzhic Vardy, a homeowner in Ms. True's area, expressed opposition to the new proposed road alignment. He said number one, he would not have access to his property and secondly, the headlights would bother him. Mr. Clauson explained that he thinks what Mr. Vardy is saying that his driveway would have to be extended somewhat, which they would do. There being no further comment, Commissioner Farris brought the matter back to the Board for action. Commissioner Clapper noted that right now, there are two approvals for cell sites in the existing barn and her concern is that they are hidden within that structure and she wants to bring it to everyone's attention that she does not want the cell sites sitting out there in that neighborhood. Mr. DiFrancia said they will provide the details for relocation of those cells at the detailed submission phase. He further explained that the Homeowners' association board meets on the first Monday, of every month, at the barn at 6:30. He said everybody in the community gets a notice, they get a notice, they attend, the board attends, other homeowners attend and he does not think it's fair to create an impression here that the board acted, in some fashion, by not informing its membership and that the membership did not have the opportunity to be informed. He reiterated that the record will reflect that there are petition signatures representing a good two thirds of the resident owners, in support of this application as submitted. With respect to the plan submitted by Ms. True, he said those are some interesting thoughts, but he thinks it's clear that it is revisiting the entire plan and he does not think this is appropriate, at this stage of the process. He said he thinks the issue, before the Board, is whether or not they have adequately mitigated the impacts on Nina's house as to the road realignment as they have shown it what they are proposing, and it is the board's judgment of whether that is adequate or not or whether they can come up with another issue on the road realignment, but he does not think that speaks to completely redesigning the whole subdivision. Tom Smith, Attorney for the applicant, said whatever the merits may be of Nina's proposal they are not prepared to go back through the growth management process, go back to the caucus, the homeowners association or White Star Ranch to renegotiate the agreements that have been reached. He said they think they are entitled to a decision on the application that is before the Board. Chairperson Farris summarized that the Board is being asked to approve the following: BOARD OF COUNTY COMMISSIONERS '17 REGULAR MEETING MARCH 24, 2004 The rezoning of the subdivision and development of the W/J ranch. There are approvals by the Planning and Zoning Commission, by White Star. Ranch Homeowners Association and the Woody Creek Caucus. There has been a request that the Planning and Zoning Commission minutes be submitted prior to second reading · The applicant shall submit the agreement that insures the payment of cash in lieu to the homeowners · The applicant shall provide proof of adequate water rights for the pond and the swimming pool · A letter approving the relocation of three of the lots be submitted Commissioner Clapper asked the applicants if there was a reason why they chose to move the road, from where it currently sits on the outside, to the inside. Mr. DiFarcio responded that it had to do with the annexation to White Star Ranch and the intent to try and integrate these units into the White Star Ranch and make a continuity of the open spaces into the existing White Star Ranch open spaces. Commissioner Clapper commented that she would like to limit the additional square footage to the five homes that are 5,000 square feet to just a TDR use. Commissioner Hatfield said the major issue for him is the road. He said he would like to entertain a discussion about the road, which would result in an alignment that leaves the present houses at the end of the cul-de-sac as they are now. He thinks this would be a benefit for all and would satisfy some homeowners who have raised an important concern. Additionally, he said he would be willing to do a site visit if necessary. Additionally he requested that staff come back at detailed submission with answers to the following questions: · A comment from the fire department of what the definition is of"buildings of consequence". · All conservation easements in a precise form for review. · That the $10,000 for RFTA be earmarked for Woody Creek transit services · That the water issues associated with the pond and the pool be addressed. BOARD OF COUNTY COMMISSIONERS 18 REGULAR MEETING MARCH 24, 2004 Commissioner Hatfield moved to approve the applicant's proposal with the considerations that the Board and the public have raised. Commissioner Clapper seconded the motion. Commissioner Ireland commented that with respect to the road issue that we not preclude the possibility of opening up the historic road because it might result in a cul-de-sac at one end and another cul-de-sac at the other with lower traffic and might eliminate that north/south strip, which might solve the problem. He said he is very interested in this kind of solution. Also, when he looks at his aerial map, it looks like someone is running a junk yard there and this needs to be cleaned up and the property brought into compliance. He said he would approve this on first reading and ask that one final effort be made to make sure that the homeowners know what we are doing here. Chairperson Farris called the question. Motion passed with four yea votes. Commissioner Roy not present. CHAPPARAL ASPEN SETTLEMENT AGREEMENT AMENDMENT - MOTION TO CONTINUE TO APRIL 14, 2004 - STAFF PLANNER: SUZANNE WOLFF Suzanne Wolff gave a presentation on this item as outlined in her memorandum to the Board included in the BOCC packet for this meeting. Mike Hoffman, Attorney for the applicant, said there was a narrow issue that the County Attorney, John Ely was uncomfortable with, which was the applicant had promised to impose a real estate transfer assessment that would be payable, in perpetuity, with Pitkin County as the beneficiary. He said John asked that they consider making a lump sum payment to the County rather than this assessment that would be payable by future owners. John Ely, County Attorney, said he did not recommend or suggest that a lump sum payment be paid, but rather that is something that came from the applicant. John Sarpa, representing the applicant, said there were two things they looked at either a lump sum payment, in the amount of $318,000, which they will volunteer to do, or making a contribution to a non-profit organization directly. Commissioner Ireland said he does not have a problem with approving the agreement, but he does not think the Board should be doing "gift deals". Commissioner Clapper said she agrees with the real estate transfer tax and feels that the Board could impose it. Commissioner Hatfield said he supports Commissioner Clapper's position to accept the gift. He moved to accept a lump sum payment, to be put into BOARD OF COUNTY COMMISSIONERS 19 REGULAR MEETING MARCH 24, 2004 the general fund for further discussion about distribution. Motion died for a lack of a second. Commissioner Roy not present. Commissioner Ireland moved approval of the settlement agreement amendment with the absence of the voluntary real estate tax. Commissioner Farris seconded the motion. Commissioner Roy not present. John Sarpa said they would be willing to continue the matter pending further discussions with staff. Chairperson Farris called the question. Motion passed with two yea votes by Commissioners Ireland and Farris and two nay votes by Commissioners Hatfield and Clapper. Commissioner Haffield moved to continue the matter to April 14 pending Commissioner Roy's attendance. Commissioner Clapper seconded the motion. Motion passed with four yea votes. Chairperson Farris opened the hearing to public comment. There being no comment, she called the question. Motion passed with four yea votes. Commissioner Roy not present. Chairperson Farris closed the public hearings portion of the agenda. SECOND READING - ORDINANCE AMENDING TITLE II OF THE PITKIN COUNTY CODE~ THE LAND USE CODE~ BY REPEALING AND REENACTING SECTIONS 3-40-907 AFR-10 ZONE DISTRICT~; 3-40-110, RS-20 AND RS-30 ZONE DISTRICTS; 3-40-120, RES-160 ZONE DISTRICT BY ADDING A SPECIAL REVIEW USE~ ACCESSORY STRUCTURES WITH BATHIN~ FACILITIES - MOTION TO APPROVE AS AMENDED - STAFF PLANNER: LANCE CLARKE~ ASSISTANT PLANNING DIRECTOR Lance Clarke gave a presentation on this item as outlined in his memorandum to the Board contained in the BOCC packet for this meeting. He explained that the following amendment had been made to the Ordinance: C. Special Review Uses: The following uses are subject to special review: 1. Accessory structures with bathing facilities on lots or parcels that contain at least 35 acres subject to the following: a. A deed restriction approved by the county Attorney ensuring only one dwelling unit exists on the parcel. BOARD OF COUNTY COMMISSIONERS 20 REGULAR MEETING MARCH 24, 2004 b. One structure on the parcel shall be designated "principal" for height measurement purposes. c. For purposes of calculating Fair Share Road Impact Fees or other Fair Share or Impact Fees each of the structures containing bathing facilities shall be considered separate dwelling units. Commissioner Ireland moved to amend this further by putting in a provision that says that any impact fees, enacted by the County, shall be based on the square footage; shall use the aggregate square footage of the development. Commissioner Hatfleld seconded the motion. A discussion ensued with Glenn Horn with respect to units, which might have historic designation. It was determined that Mr. Horn's concerns with respect to his applicant's pending application have been addressed in the proposed legislation. Chairperson Farris called the question on the amendment that impact fees be enacted based on the aggregate square footage. Motion passed with four yea votes. Commissioner Roy not present. Commissioner Hatfleld moved appro, val of the Ordinance as amended. Commissioner Clapper seconded the motion. Motion passed with three yea votes and one nay vote by Commissioner Ireland with a comment that he thinks there is a danger of condo minimization here and therefore, he is not comfortable with this concept. Commissioner Roy not present. CONUNDRUM RETREATS LLC 1041 HAZARD REVIEW AND CONCEPTUAL SUBMISSION - TAKINGS DETERMINATION - MOTION TO FIND A TAKINGS HAD OCCURRED - STAFF PLANNER: SUZANNE WOLFF Suzanne Wolff gave a presentation on this item as outlined in her memorandum to the Board contained in the BOCC packet for this meeting. Chairperson Farris moved to deny the takings based on the fact that our code does not allow development in a riparian area, that the buyer knew that restriction was in place in the 1041 code, that there is no area on the property that is out of the riparian area that could be developed and therefore, it is not a developable site. Commissioner Ireland seconded the motion. A discussion ensued with respect to other development applications that were approved on the property. BOARD OF COUNTY COMMISSIONERS 21 REGULAR MEETING MARCH 24, 2004 Commissioner Hatfleld moved to go into executive session pursuant to C.R.S. 24-6-203-4(b). Commissioner Clapper seconded the motion. Motion passed unanimously. Chairperson Farris re-convened the regular meeting of the Board of County Commissioners. Marta Steinmetz commented that she has an easement on a portion of the property and would like to have this issue addressed. Chairperson Farris called the question on the motion. Motion failed with one yea vote by Chairperson Farris and three nay votes by Commissioners Ireland, Hatfield and Clapper. Commissioner Clapper moved to find that a takings has occurred and directed staff to bring back a resolution defining the appropriate mitigation on the site and working on Ms. Steinmeitz's easement issue. Commissioner Ireland seconded the motion. Glenn Horn said the applicant is working with Marta to address the easement issue and they are also preparing a mitigation plan for the riparian area that includes replanting and additional plantings to mitigate the loss of riparian vegetation and that whole package will be presented to staff next week. Chairperson Farris called the question. Motion passed with three yea votes with one nay vote by Chairperson Farris. Commissioner Roy not present. ADJOURNMENT: The meeting was adjourned at 9:02 p.m. BOARD OF COUNTY COMMISSIONERS 22 REGULAR MEETING MARCH 24, 2004 Respectfully submitted, Jeanette Jones Clerk to the Board of County Commissioners Dorothea Farris, Chairperson Board of County Comissioners g\bocc\minutes\2004\03242004 BOARD OF COUNTY COMMISSIONERS 23 REGULAR MEETING MARCH 24, 2004