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HomeMy WebLinkAboutbocc.min.reg.04282004PITI{IN COUNTY COMMISSIONERS REGULAR MEETING AGENDA Location: Plaza One Conference Room WEDNESDAY~ APRIL 28~ 2004 2:00 PM ADDITIONS/DELETIONS TO AGENDA PUBLIC COMMENT, COMMISSIONER COMMENTS CONSENT ACTIONS I. Minutes of 4/6 Work Session, 4/6 Special Meeting and 4/14 Regular Meeting 2. Three Year Core Services Plan, Kate Jangula 3. Resolution Approving Supplemental 2004 Budget for 1/2 Cent Transit Sales and Use Tax, Tom Oken CONSENT ACTIONS - Ist Reading~ Set for Public Hearing on May 12: 4.Ordinance Approving License and Use Agreement with Pitkin Portage, Inc. for Baggage and "Sky Cap" Services at the AsperffPitkin County Airport, Jim Elwood CONSENT PUBLIC HEARING - 2~a Readings 5. Resolution Approving Agreement with Aspen Valley Hospital for Inmate Meals, Don Bird 6. Resolution Authorizing Filing of a New Passenger Facility Charge Application with the Federal Aviation Administration, Jim Elwood 7. Resolution Accepting 2003 Homeland Security Grants, Ellen Anderson 8. Resolutign Approving Statewide Emergency Management Intergovemmentai Agreement, E.Anderson 9. Resolution Providing Supplemental Appropriations to the 2003 Budget, Debe Nelson 10. 3rd Reading, Resolution Approving Grant to AsperffPitkin County Housing Authority, Tom Oken LAND USE CONSENT PUBLIC HEARINGS 1. Sport Obermeyer, Ltd. (Rocky Mountain Martial Arts) Special Review (PN 3/2/04), E. Louthis 2. Aspen Pitkin Animal Shelter and Boarding Kennel Growth Management/Subdivision Exemption, Special Review, Scenic Overlay Review, 1041 Hazard Review, Rezoning, Code Amendment (PN 2/7/04) (PN 4/17/04) (cont'd from 4/14/04) (cont'd to 5/26/04 at request of Applicant) 3. Collins Subdivision Detailed Submission/Final Plat, 1st Reading (PN 8/9/03) (cont'd from 4/14/04) (to be cont'd to 5/12/04 at request of Applicant), L. Clarke LAND USE CONSENT ACTIONS 4.Rural Area Growth Management Allocations, E. Louthis 5.Conundrum Retreats, LLC Taking Remediation (cont'd to 7/14/04 at request of Applicant), S. Wolff LAND USE PUBLIC HEARINGS 6. W/J Metropolitan District Special Review 2nfl Reading, Lance Clarke 7. Appeal of Abrams Hearing Officer Determination (PN 3/27/04), S. Wolff 8. Code Amendment - Barns, 1st Reading (PN 4/17/04), S. Wolff 9. Code Amendment - LIR, 1st Reading (PN 4/17/04), L. Clarke 10. Code Amendment - AH, 1st Reading (PN 4/17/04), L. Clarke LAND USE ACTIONS 11. Whiddon Appeal Resolution (cont'd from 4/14/04), E. Louthis 12. Airport Code Amendments 2nd Reading, S. Wolff 13. Aspen Country Day School Annual Review, S. Wolff BOCC OPEN DISCUSSION ADJOURN / APPROVED MAY 12, 2004 MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR MEETING APRIL 28~ 2004 NOTE: For all staff memorandums and associated documents, including additional exhibits submitted, refer to BOCC PACKET for April 28, 2004 CALL TO ORDER: Chairperson Dorothea Farris called the regular meeting of the Board of County Commissioners to order at 2:00 PM. COMMISSION MEMBERS PRESENT: Commissioner Dorothea Farris, Patti Clapper, Jack Haffield, Shellie Roy and Mick Ireland ADDITIONS/DELETIONS TO AGENDA Lance Clarke requested that the ordinance adopting land use code amendments pertaining to the airport be moved to the Land Use Consent Actions Agenda. PROCLAMATIONS: None PUBLIC COMMENT: Lada Vrany appeared before the Board to express his concern with respect to the East Owl Creek project laying sewer line too close to irrigation ditches in the area. Additionally, he spoke to other concerns he has with respect to the airport ditch. COMMISSIONER COMMENTS: None CONSENT ACTIONS: APPROVAL OF MINUTES OF PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR MEETING OF APRIL 14, SPECIAL MEETING OF APRIL 6 AND WORK SESSION MINUTES OF APRIL 6, 2004- MOTION TO APPROVE - STAFF PERSON: JEANETTE JONES~ CLERK TO THE BOARD OF COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS 1 REGULAR MEETING APRIL 28, 2004 APPROVAL OF THREE-YEAR CORE SERVICES PLAN - MOTION TO APPROVE - STAFF PERSON: KATE JANGULA RESOLUTION APPROVING A SUPPLEMENTAL 2004 BUDGET FOR THE ONE HALF CENT TRANSIT SALES AND USE TAX - MOTION TO APPROVE - STAFF PERSON: TOM OKEN~ CHIEF FINANCIAL OFFICER Commissioner Haffield moved approval of the Consent Actions Agenda. Commissioner Roy seconded the motion. Motion passed unanimously. CONSENT ACTIONS - FIRST READINGS~ SET FOR PUBLIC HEARING ON MAY 127 2004 FIRST READING - ORDINANCE APPROVING A LICENSE AND USE AGREEMENT BETWEEN PITKIN COUNTY AND PITKIN PORTAGE~ INC. FOR THE PROVISION OF BAGGAGE AND SKY CAP SERVICES AT THE ASPEN PITKIN COUNTY AIRPORT - MOTION TO APPROVE AND SET FOR SECOND READING ON MAY '127 2004 -STAFF PERSON: JIM ELWOOD~ AIRPORT DIRECTOR Commissioner Hatfield moved approval of the Consent Actions - First Readings Agenda. Commissioner Clapper seconded the motion. Motion passed unanimously. CONSENT PUBLIC HEARINGS - SECOND READINGS: Chairperson Farris opened the public hearings portion of the agenda. SECOND READING AND PUBLIC HEARING - RESOLUTION AUTHORIZING THE BOARD TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE ASPEN VALLEY HOSPITAL FOR PREPARATION OF MEALS FOR THE PITKIN COUNTY JAIL - MOTION TO APPROVE - STAFF PERSON: DON BIRD Commissioner Roy noted that the date in the contract needed to be changed from 2004 to 2006. SECOND READING AND PUBLIC HEARING - RESOLUTION AUTHORIZING THE FILING OF A NEW PASSENGER FACILITY CHARGE APPLICATION TO BE FILED WITH THE FEDERAL AVIATION ADMINISTRATION (FAA) - PULLED FROM THE CONSENT AGENDA FOR DISCUSSION PURPOSES- STAFF PERSON: JIM ELWOOD~ AIRPORT DIRECTOR SECOND READING AND PUBLIC HEARING - RESOLUTION ACCEPTIN~ 2003 HOMELAND SECURITY GRANT AWARD CONTRACTS WITH THF STATE OF COLORADO~ DEPARTMENT OF PUBLIC SAFETY~ OFFICE OF BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING APRIL 28, 2004 PREPAREDNESS~ SECURITY~ AND FIRE SAFETY - MOTION TO APPROVE - STAFF PERSON: ELLEN ANDERSON~ EMERGENCY MANAGEMENT COORDINATOR SECOND READING AND PUBLIC HEARING - RESOLUTION APPROVING INTERGOVERNMENTAL AGREEMENT FOR EMERGENCY MANAGEMENT - MOTION TO APPROVE - STAFF PERSON: ELLEN ANDERSON, EMERGENCY MANAGEMENTCOORDINATOR SECOND READING AND PUBLIC HEARING - RESOLUTION PROVIDING SUPPLEMENTAL APPROPRIATIONSTO THE2003 BUDGET-PULLED FROM THE CONSENT AGENDA FOR DISCUSSION PURPOSES - STAFF PERSON: DEBE NELSON~ FINANCE DIRECTOR THIRD READING AND CONTINUED PUBLIC HEARING - RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH AND A $500~000 GRANT FOR THE ASPEN PITKIN COUNTY HOUSING AUTHORITY AND APPROPRIATING A SUPPLEMENTAL BUDGET THEREFORE- MOTION TO APPROVE - STAFF PERSON: TOM OKEN, CHIEF FINANCIAL OFFICER Commissioner Roy requested that the new passenger facility charge be pulled from this portion of the agenda for discussion purposes. Commissioner Hatfield requested that the Resolution providing supplemental appropriations to the 2003 budget be pulled from this portion of the agenda for discussion purposes. Chairperson Farris opened the hearings to public comment. There being no comment, she entertained a motion from the Board. Commissioner Hatfield moved approval of the Consent Public Hearings Agenda as amended. Commissioner Roy seconded the motion. Motion passed unanimously. SECOND READING AND PUBLIC HEARING - RESOLUTION AUTHORIZING THE FILING OF A NEW PASSENGER FACILITY CHARGE APPLICATION T~ BEFILED WITH THEFEDERALAVlATION ADMINISTRATION(FAA)- MOTION TO APPROVE-STAFF PERSON: JIM ELWOOD, AIRPORT DIRECTOR Commissioner Hatfield entertained a discussion with Jim Elwood, Airport Director with respect to some clarifications associated with the application. Commissioner Roy moved approval of the Resolution. Commissioner Clapper seconded the motion. BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING APRIL 28, 2004 Chairperson Farris opened the hearing to public comment. There being no comment, she called the question. Motion passed unanimously. SECOND READING AND PUBLIC HEARING - RESOLUTION PROVIDING SUPPLEMENTAL APPROPRIATIONS TO THE 2003 BUDGET - MOTION TO APPROVE - STAFF PERSON: DEBE NELSON7 FINANCE DIRECTOR Commissioner Hatfield expressed a cOncern with respect to projects going over budget. In the future, he would like to see the estimates as close to budget as possible when a project goes out to bid. He explained that three projects in a row have come in over budget. Chairperson Farris opened the hearing to public comment. There being no comment, she closed the public hearing and entertained a motion from the Board Commissioner Hatfield moved approval of the Resolution. Commissioner Roy seconded the motion. Motion passed unanimously. LAND USE CONSENT PUBLIC HEARINGS: PUBLIC HEARING ON RESOLUTION APPROVING THE SPORT OBERMEYER LLC SPECIAL REVIEW AND GMQS EXEMPTION FOR COMMERCIAL DEVELOPMENT WITH NEGLIGIBLE GROWTH IMPACTS - MOTION TO APPROVE - STAFF PLANNER: EZRA LOUTHIS CONTINUED FIRST READING AND PUBLIC HEARING FROM APRIL 147 2004 ON ASPEN PITKIN ANIMAL SHELTER AND BOARDING KENNEL GROWTH MANAGEMENT SUBDIVISION EXEMPTION7 SPECIAL REVIEW7 SCENIC OVERLAY REVlEW~ 1041 HAZARD REVIEW7 REZONING~ CODF AMENDMENT MINOR PLAT AMENDMENT - MOTION TO CONTINUE TO MAY 267 2004 AT THE REQUEST OF THE APPLICANT - STAFF PLANNER: LANCE CLARKE7 ASSISTANT PLANNING DIRECTOR CONTINUED FIRST READING ON RESOLUTION APPROVING THE RIVER RIDGE IN WOODY CREEK (COLLINS) SUBDIVISION PUD DETAILED SUBMISSION AND FINAL PLAT - MOTION TO CONTINUE TO MAY 127 2004 AT THE REQUEST OF THE APPLICANT - STAFF PLANNER: LANCF CLARKE~ ASSISTANT PLANNING DIRECTOR Commissioner Roy moved approval of the Land Use Consent Public Hearings Agenda as amended, pulling the Obermeyer matter. Commissioner Haffield seconded the motion. BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING APRIL 28, 2004 Chairperson Farris opened the hearing to public comment. There being no comment, she closed the public hearing and called the question. Motion passed unanimously. PUBLIC HEARING ON RESOLUTION APPROVING THE SPORT OBERMEYER LLC SPECIAL REVIEW AND GMQS EXEMPTION FOR COMMERCIAL DEVELOPMENT WITH NEGLIGIBLE GROVVTH IMPACTS - MOTION TO APPROVE - STAFF PLANNER: EZRA LOUTHIS Commissioner Clapper stated that she would excuse herself from participating in the discussion on this matter due to a potential conflict associated with her husband's company. After a short discussion with the applicant Commissioner Roy moved approval of the Resolution. Commissioner Hatfield seconded the motion with a comment that he appreciates what the Obermeyer people have done to accommodate displaced business people during the construction phase of the project. Chairperson Farris opened the hearing to public comment. There being no comment, she called the question. Motion passed with four yea votes. Commissioner Clapper had excused herself. LAND USE CONSENT ACTIONS: RESOLUTION ALLOCATING 2004 RURAL AREA GMQS ALLOTMENTS FOR ADDITIONAL FLOOR AREA - FIRST COMPETITION - MOTION TO APPROVE - STAFF PLANNER: EZRA LOUTHIS RESOLUTION FINDING A TAKING AND REMEDIATING THE TAKING FOR THE CONUNDRUM RETREATS LLC 1041 HAZARD REVIEW AND CONCEPTUAL SUBMISSION - MOTION TO CONTINUE TO JULY 14~ 2004~ AT THE REQUEST OF THE APPLICANT - STAFF PLANNER: SUZANNF WOLFF Commissioner Roy moved approval of the Land Use Consent Actions Agenda. Commissioner Clapper seconded the motion. Motion passed unanimously. Commissioner Farris closed the public hearings portion of the agenda. SECOND READING - ORDINANCE AMENDING THE FOLLOWING SUB- SECTIONS OF THE PITKIN COUNTY LAND USE CODE: 3-90-040~ SlTF SELECTION OF AIRPORTS~ AIRFIELD AND LANDING STRIPS 3-100-010~ APPLICABILITY- AREAS AROUND KEY FACILITIES 3-100-020~ BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING APRIL 28, 2004 STANDARDS FOR AREAS AROUND ALL KEY FACILITIES - MOTION TO APPROVE - STAFF PLANNER: SUZANNE WOLFF Commissioner Hatfield moved approval of the Ordinance with direction to staff to work on the grammatical structure of the language. Commissioner Roy seconded the motion. Motion passed unanimously. LAND USE PUBLIC HEARINGS: SECOND READING AND PUBLIC HEARING - RESOLUTION APPROVING THE W/J RANCH METROPOLITAN DISTRICT SERVICE PLAN - MOTION TO APPROVE - STAFF PLANNER: LANCE CLARKE, ASSISTANT PLANNING DIRECTOR Lance Clarke gave a presentation on this item as summarized in his memorandum to the Board contained in the BOCC packet for this meeting. He explained that there has been one letter from the Roberts family asking to be exempted from the district due to the fact that they feel that their septic system is a healthy system and therefore, they would retroactively be fixing other people's systems. A copy of this letter is attached to the end of the BOCC packet for this meeting, under additional exhibits. Mark Fuller, representing the W/J homeowners, gave a presentation on this item as outlined in the service plan contained in the April 14th BOCC packet. He explained that there are no other service providers who could provide all these services and therefore, a metro district is the only way to provide such services in a professional way. Additionally, he said Lowe is providing 1.7 million dollars of infrastructure improvements that would be turned over to the homeowners association. Rhonda Basil, representing Lowe, stated that the Roberts' exclusion request was filed too late. She said possibly an exterritorial contract could be entered into, but there is still the issue of how the house would obtain water service outside of the district and additionally, they would still be using the roads. Commissioner Ireland expressed a concern with respect to a floating mill levy. He said he thinks the plan should provide protection for homeowners who could not afford a catastrophic increase in mill levy. Mr. Fuller explained that any increase in the mill levy would have to go back to the voters. Paul Jones introduced himself as a category four homeowner. He said the floating mill levy was set up to decrease the mill levy if possible. He explained that 20 percent of the free market owners would be paying 80 percent of the BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING APRIL 28, 2004 taxes. He stated that the homeowners association is satisfied with the way the mill levy is proposed. Chairperson Farris opened the hearing to public comment. There being no comment, she entertained a motion from the Board on this matter. Commissioner Clapper moved approval of the Resolution approving the W/J Metropolitan District Special Review with a denial of the exclusion application by the Roberts family. Commissioner Roy seconded the motion. Motion passed unanimously. PUBLIC HEARINGS - RESOLUTION DENYING AN APPEAL BY MICHAEL KLEIN AND JOAN FABRY OF A HEARING OFFICER DETERMINATION NO. 03-20047 GRANTING 1041 HAZARD REVlEW~ CONCEPTUAL SUBMISSlON~ SCENIC OVERLAY AND SPECIAL REVIEW APPROVAL AND GMQS EXEMPTION TO THE PENNY AND FRED ABRAMS PROPERTY - MOTION TO DENY APPEAL - 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. Stan Clauson, representing Michael Klein and Joan Fabry, submitted a copy of the public notice, which was sent to his clients and a letter from them voicing their opposition of removal of some of the trees on the property to increase the new owner's views. A copy of this letter and the notice are attached to the end of the BOCC packet for this meeting, under additional exhibits. Mr. Clauson explained that he does not want to criticize staff on the noticing issue, but it was not clear, in the notice, exactly what the intentions were of the applicants with respect to removing vegetation on the site. He said what their concerns are about, is in fact, a series of changes proposed for the property at the same time that a TDR has been requested, which will result in an increase in the building mass yet not mitigating for it; providing less mitigation and less screening. He said they do not want to prevent the Abrams, in any way, of not having the house they want to have on their property; that they have no issue with that. He said their issue is with the screening and the amount of vegetation to be removed. He said after the Kleins became concerned about the tree removal that was reported to them, he met on several occasions with the owner's representatives on site, to determine which areas of landscaping the Abrams were going to remove, which are areas of mature stands of fir and softwoods, and which they want to have removed specifically to enhance their views. He referred to the TDR section of the code, which says under special review, that the visual impacts should be minimized and that the house should require more screening rather than less screening. He further said that the application for special review must display that the house shall not endanger or severely impact the visual impact from Hwy 82 because of failure to provide screening. He BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING APRIL 28, 2004 presented drawings of the Abrams property pointing out that all the aspen and spruce are proposed to removed. He made a suggestion that two of the spruce be retained. He explained that they are not asking that the TDR be denied, but that the Board take it under review and ask for a landscape plan that provides reasonable protection to adjacent landowners and the public from Highway 82. John Ely, County Attorney explained that the Kleins could give their comments to the planning office with respect to the landscape plan and that the planning office could consider those comments. He further explained that if the appellants don't like the landscaping plan they can appeal to the Board. But the Board's job right now is to grant or deny the appeal. Commissioner Roy said it is not the purpose of a TDR landing to open up the door for neighbors to require landscaping so they don't see their neighbor's house. Alan Feldman, representing the Arbrams, stipulated that proper notice was given to Mr. Clausen's clients and that the time period for comments to the hearing officer has come and gone. He said that moving a couple of trees is not going to reduce the value of the neighbor's house. He explained that scenic overlay special review is to determine if development on that real estate is in the scenic overlay and subject to review and there are no scenic overlay issues with this property. He said they will be submitting a landscaping plan, which will show that 90 percent of trees are going to stay on the property. He said there is no development planned in the scenic overlay or ridgeline and that Pitkin County cannot tell someone, if the property is outside of scenic review, how to landscape their yard. And the reason the Abrams propose to move these two trees is because they would block their view of Aspen Mountain and the Maroon Bells. Fred Abrams said they bought the property for the views and the existing trees directly block the view of the major mountain scene. Additionally, he said that the fire marshal asked that some trees be removed due to fire hazard, but they will not remove any further vegetation except for fire mitigation and the two trees that would block their views. Commissioner Clapper moved to deny the appeal and suggested that the neighbors work together on a landscaping plan, Commissioner Roy seconded the motion. Mr. Clausen reiterated that he has tried to work with the Abrams to produce a settlement agreement including providing them with a landscape plan that provides retention of the two spruce trees. He said there were many meetings in an attempt to resolve this matter. He further reiterated that the applicants should be required to submit a landscaping plan with some reasonable screen to mitigate the residence. BOARD OF COUNTY COMMISSIONERS 8 REGULAR MEETING APRIL 28, 2004 Commissioner Ireland also encouraged the neighbors to work together to resolve the issues. Commissioner Farris called the question. Motion passed unanimously. FIRST READING AND PUBLIC HEARING - ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AMENDING TITLE 8 OF THE PITKIN COUNTY CODE - THE LAND USE CODE AMENDING THE FOLLOWING: SUB-SECTION 3-200-090~ RESIDENTIAL DEVELOPMENT WITH MORE THAN 15, 000 SQUARE FEET OF RESIDENTIAL FLOOR AREA; ARTICLE 8 DEFINITIONS; SUB-SECTION 9- 110-030, GENERAL DESCRIPTION OF RURAL AREA GROWTH MANAGEMENT INCENTIVES AND EXEMPTIONS; SUB-SECTION 9-110-043, INCENTIVE FOR PRESERVATION OF HISTORIC STRUCTURES; AND SUB- SECTION 9-'1'10-051, EXEMPTION FOR ONE LARGE-SIZED SINGLE-FAMILY DWELLING UNIT; AND ADDING SUB-SECTION 9-110-056~ GROWTH MANAGEMENT EXEMPTION FOR BARNS - MOTION TO APPROVE AS AMENDED-STAFF PLANNER: LANCE CLARKE~ASSISTANT PLANNING DIRECTOR Suzanne Wolffgaveapresentationonthisitem assummarizedinher memomndum containedintheBOCCpac~t~rthis meeting. Chairperson Farris opened the hearing to public comment. Herb Klein commented that he has a couple of clients who would be affected by this legislation. He explained that they have ranch property and because of various prior subdivision activities, the AG buildings are located, in both cases that he is dealing with, on lots that are less than 160 acres. They also have buildings that would exceed the limits that we have here. He explained that there is a provision in the legislation for grandfathering and he wants to talk about that. He said just for clarification in paragraph C, when it talks about height restrictions, he questioned if there are nice homes on the ranch and open space and pasture and are still working and irrigating what is the county going to say is the principal use? Suzanne Wolff responded that using Chapparal as an example, on the common parcel with the agricultural buildings they have allowed them to take principal height because staff recognized that in that case that specific parcel had been designated the common parcel where agricultural buildings will be and it will also have residential use on it in addition. So it essentially has multiple uses. Mr. Klein requested that a clarification be made changing the language from "principal use on the property" to "on the lot on which the barn is located." BOARD OF COUNTY COMMISSIONERS 9 REGULAR MEETING APRIL 28, 2004 It was agreed that this clarification would be acceptable. Mr. Klein continued by referring to Paragraph E addressing the grandfather provision he said he thinks it would be good to indicate that barns are exempt not only from the calculation of floor area, but also the height because these may be higher. Also, if it could be made clear that this grandfathering would also apply to relocation or replacement of these barns and that they could still have their floor area and height equivalent to what was there before. It was agreed that this clarification in the language would be acceptable. Dorothea asked staff to make sure that the maximum height is enough to house the new farm types of farm equipment that are taller in height. Marry Schlumberger expressed a concern that the legislation had not taken into consideration structures for the health of the animal e,g, shade sheds, etc. Also, he said small tractors take up the same amount of room as large tractors and this ordinance, he thinks, is adversely affecting the man who does not have large acreage. He said if you add up all the structures it takes for a ranching operation it takes up a lot of square footage. He emphasized that small acreage has all the same requirements, but would not be allowed the same square footage. Mr. Schlumberger was advised that a valid agricultural operation would qualify for more square footage under an administrative special review process. Commissioner Ireland moved approval of first reading and set for second reading on May 12, 2004. Commissioner Clapper seconded the motion. Motion passed unanimously. FIRST READING AND PUBLIC HEARING - ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY~ COLORADO REPEALIN~ AND REENACTING SECTION 3-40-111 (LIR) OF THE PITKIN COUNTY LAND USE CODE~ RELATED TO USE OF TRANSFERABLE DEVELOPMENT RIGHTS - MOTION TO APPROVE AND SET FOR SECOND READING ON MAY 127 2004 - STAFF PLANNER: LANCE CLARKE~ ASSISTANT PLANNING DIRECTOR BOARD OF COUNTY COMMISSIONERS 10 REGULAR MEETING APRIL 28, 2004 Lance Clarke gave a presentation on this item as outlined in his memorandum contained in the BOCC packet for this meeting. Commissioner Clapper moved to approve the Ordinance with changes in the language to clarify the TDR approval. Commissioner Ireland seconded the motion. Chairperson Farris opened the hearing to public comment. There being no comment she called the question. Motion passed unanimously. FIRST READING AND PUBLIC HEARING - ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY~ COLORADO REPEALING AND REENACTING SECTIONS 3-40-071~ 3-40-073~ 3-40-074~ 3-150-1007 9- 110-030~ AND 9-110-041 OF THE PITKIN COUNTY LAND USE CODE~ RELATED TO CATEGORY AFFORDABLE HOUSING - MOTION TO APPROVE AND SET FOR SECOND READING ON MAY 12~ 2004 - STAFF PLANNER: LANCE CLARKE~ ASSISTANT PLANNING DIRECTOR LAND USE ACTIONS: RESOLUTION DENYING WHIDDON 1041 HAZARD REVIEW APPEAL AND GRANTING A SUBDIVISION EXEMPTION - MOTION TO CONTINUE TO MAY 12~ 2004 - STAFF PLANNER: EZRA LOUTHIS Ezra Louthis gave a presentation on this item as summarized in his memorandum contained in the BOCC packet for this meeting. He explained that since the last meeting he had received two letters one from the Snowmass/Capitol Creek Caucus Board of Directors, dated April 26 and a letter from Sue Helm dated April 27th voicing opposition to the Boards determination that the two subject lots had not merged. Copies of these letters are attached to the end of the BOCC packet for this meeting, under additional exhibits, Commissioner Clapper moved to continue this matter to May 12, 2004 pending talking to staff and legal council with respect to the additional information submitted today. Commissioner Ireland seconded the motion. Commissioner Roy commented that the prior decision met all the criteria of the code and everything raised in the caucus letter has been addressed. BOARD OF COUNTY COMMISSIONERS 1t REGULAR MEETING APRIL 28, 2004 Commissioner Ireland commented that it is not in the best interest of the Board of the Mick to act any further on this matter prior to the neighbors trying to work the issues out. Alan Richmond, Planning Consultant for the applicants commented that he needs the right to apply for 1041 and will agree to meet with the caucus. Cindy Tester, representing the Whiddons said she believes the caucus was properly notified. Her concern is that the matter is going to come back again and again. Michael Kinsley, representing the Snomass/Capitol Creek Caucus stated that he thought, in reading the notice, that the application was only associated with a 1041 matter not about a lot merger issue. He said there are just assumptions about what the caucus' intentions are. He said after reviewing the record and the resolution, it is not clear on why the board made the decision rather, the only thing that is clear is that it was based on lack of legal knowledge. There being no further comment, Chairperson Farris called the question. Motion passed with four yea votes with one nay vote by Commissioner Roy. RESOLUTION CONSIDERING THE ANNUAL REVIEW FOR THE ASPEN COUNTRY DAY SCHOOL AND MAKING A FINDING OF NON-COMPLIANCE WITH CONDITION 35 OF RESOLUTION NO. 93-161 - Suzanne Wolff gave a presentation on this item as summarized in her memorandum contained in the BOCC packet for this meeting, which in summary reflects that the Aspen County Day School (ACDS) has submitted a report documenting the current and projected number of full-time equivalent employees as compared to the number in 1992-1993 in order to determine if mitigation is required for additional employees. ACDS would like to replace an existing building with a modular classroom. The building is located within the building envelope that was approved in 1993, and no further land use review is required. However, before a building permit can be submitted, the applicant must address the prior condition of approval with regard to employee generation. She explained that the issue before the Board tonight is whether the modular building should be permitted before finalizing the housing mitigation and what kind of housing mitigation would be required and the timeframe. Commissioner Clapper disclosed that there have been a few board members who have met up on the site, not talking about this specific issue, but rather BOARD OF COUNTY COMMISSIONERS 12 REGULAR MEETING APRIL 28, 2004 talking about future potential plans of the entire facility, entire master plan, fire safety issues and 1041 issues. John Suiter, Principal of Aspen Country Day School, said he and the music school are engaged in this strategic plan for their campus. And this is a question that they are addressing as part of the plan. He said their request is to get by with a modular building until they can get their strategic plan finished for the music school. He said if the Board says it is okay, they would hook up the sewage and the water and the spring and still use the original building then at the end of the summer session, two weeks before their kids start, they would move the modular classroom in and the bunker would come out in the fall. When they get their master plan finished they will come back before the Board with the whole site plan of their space and address the housing issue at that time. Commissioner Hatfield suggested taking staff's recommendation to find them not in compliance, and to require the applicant to come into compliance such as a letter of credit or something in lieu of completion of the master plan. Allen Schwartz said he thinks they are dead in the water if they have to provide a letter of credit because he does not think it is possible. After a discussion, it was agreed that the ASDS could move forward with a building permit to create the infrastructure for the new structure, but before they put the modular on the property that there be a mitigation plan that addresses the housing issue. ADJOURNMENT: The meeting was adjourned at 7:05 p.m. BOARD OF COUNTY COMMISSIONERS 13 REGULAR MEETING APRIL 28, 2004 /¢ /~. cffully sub~ ~anette Jo es/~~lerktothenBoar~l of County Commissioners Dorothea Farris, Chairperson Board of County Commissioners g\bocc\minutes~004\04282004 BOARD OF COUNTY COMMISSIONERS 14 REGULAR MEETING APRIL 28, 2004