Loading...
HomeMy WebLinkAboutbocc.min.reg.06092004 PITKIN COUNTY COMMISSIONERS REGULAR MEETING AGENDA Plaza One Conference Room Note: 3:30pm start time WEDNESDAY~ JUNE 9~ 2004 3:30 PM ADDITIONS/DELETIONS TO AGENDA PUBLIC COMMENT, COMMISSIONER COMMENTS, PROCLAMATIONS CONSENT ACTIONS 1. Minutes of May 26 Regular Meeting 2. Resolution Approving FAA Grant for Airport Improvement Project 3-08-0003-28, Jim Elwood 3. Resolution Approving Planning and Zoning Commission Bylaws, Debbie Quinn 4. Abatements for J. Borders, B. Milvich, J. McBride, Carol Foote CONSENT ACTIONS- 1st Reading~ Set for Public Hearing on June 23: 5. Resolution Approving the Highland Trail IGA with the City of Aspen, Barb D'Autrechy 6. Renewal o£ Intergovernmental Contract for Consumer Protection with Colorado Department of Health and Environment, Carla Block 7. Resolution Setting Rental Car User Fee, Jim Elwood 8. Ordinance Approving Lease with Aspen Valley Hospital, Nan Sundeen CONSENT PUBLIC HEARING 9. Special Event Liquor License for Bow Wow Meow Ball, Jennifer Doss 10. Special Event Liquor License for the Buddy Program, Jennifer Doss 11. Resolution Recognizing East of Aspen Caucus, E. Sassano (to be continued to July 14) ADMINISTRATIVE ACTIONS - 1st Readin~ Set for Public Hearing on June 23: 12. Resolution Providing Supplemental Appropriations to the 2004 Budget for 2003 Carryover Projects and Other 2004 Projects Approved to Date, Debe Nelson LAND USE CONSENT PUBLIC HEARINGS 1. Code Amendment Caretaker Dwelling Units, Ist Reading (PN 4/24/04) (cont'd from 5/26/04) (to be continued to 6/23/04), E. Louthis LAND USE CONSENT ACTIONS 2.Elk Mountain Lodge Annual Report, S. Wolff 3. Morrow Wingo Junction Ranch Subdivision/PUD Conceptual Submission, 1041, Special Review, GM Exemption, 2nd Reading (PN 5/29/04), S. Wolff 4.Aspen Ridge LLC, (Lot 12, Ridge 7 Red Mtn.) Eliminate CDU Deed Restriction, S. Wolff 5. Allocation of Allotments for 2004 Rural Area GMQS Competition for Additional Floor Area, S. Wolff LAND USE PUBLIC HEARINGS 6. Aspen Pitkin Animal Shelter and Boarding Kennel Growth Management/Subdivision Exemption, Special Review, Scenic Overlay Review, 1041 Hazard Review, Rezoning, Code Amendment (PN4/I 7/04) (cont'd from 5/26/04), E. Louthis 7. Public Works Rezoning, Subdivision Exemption, GMQS Exemption, 1st Reading Ordinance (PN 4/24/04) (cont'd from 5/26/04), L. Clarke 8. Code Amendment - Historic Preservation, Ist Reading (PN 5/29/04), S. Wolff 9. Redstone Historic Preservation Guidelines, 2na Reading, S. Reid, C. Houben 10. Code Amendment - Historic and Archeological Resource Areas - Code Section 3-80-60, 2na Reading, (PN 5/29/04), C. Houben, S. Reid 11. Collins Subdivision Detailed Submission/Final Plat, 1st Reading (PN 8/9/03) (cont'd from 5/26/04), L. Clarke ADJOURN NOTE: There was an executive session held at 5:30 PM I APPROVED JUNE 23, 2004 MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR MEETING JUNE 9, 2004 NOTE: For all staff memorandums and associated documents, including additional exhibits submitted, refer to BOCC PACKET for June 9, 2004 CALL TO ORDER: Chairperson Farris called the regular meeting of the Board of County Commissioners to order at 3:45 PM. COMMISSION MEMBERS PRESENT: Commissioners Dorothea Farris, Patti Clapper, Shellie Roy, Mick Ireland and Jack Hatfield ADDITIONS/DELETIONS TO AGENDA: Lance Clarke requested that the Resolution and the Ordinance associated with the PubliC Works Rezoning, Subdivision Exemption and GMQS Exemption to added to the Land Use Consent Public Hearings to be continued to August 11, 2004 It was agreed that this item would be moved to the Land Use Public Hearings Agenda PUBLIC COMMENT: Lada Vrany appeared before the Board to discuss ongoing ditch issues associated with the Airport Ditch. COMMISSIONER COMMENTS: Commissioners commented on the CCI conference, which was held the last three days in Snowmass. They thanked Colorado Counties, the Silvertree Hotel and the Town of Snowmass Village for all their work in pulling together this conference. Commissioner Roy said she met several other county commissioners from around the state and she is very proud of them taking a role in being good stewards in preserving the lands that we have here in Colorado. Additionally, they thanked Senator Entz for his attendance at the conference and two other trips to the Smuggler and Droste properties. Commissioner Clapper said she wanted to send her heartfelt thought and prayers to the people of Grandby Colorado who just went through a terrorist attack on their community. Commissioner Haffield said he has announced his bid for reelection as one of the members of the Board of County Commissioners. He said his hard work and BOARD OF COUNTY COMMISSIONERS t REGULAR MEETING JUNE 9, 2004 track record shows the kind of commissioner he is and he hopes to earn the votes again. Commissioner Farris announced that Bob George passed away last night. She said she would like to express sympathy to his family and the people who worked with him. Commissioner Ireland announced that Chris Seldin, Assistant County Attorney, was the winner of the Iron Horse Bike Classic. Also, he said he was sad to hear of the passing of Ronald Reagan, Ex-President of the United States. PROCLAMATIONS: Chairperson Farris read into the record a proclamation implementing a burn ban in Pitkin County. CONSENT ACTIONS: APPROVAL OF MINUTES OF REGULAR MEETING OF MAY 26, - MOTION TO APPROVE - STAFF PERSON: JEANETTE JONES, CLERK TO THF BOARD OF COUNTY COMMISSlONER~ RESOLUTION ACCEPTING THE OFFER OF FEDERAL AVIATION ADMINISTRATION (FAA) AIRPORT IMPROVEMENT PROGRAM (ALP) GRANT TO ASSIST IN THE FUNDING OF ASPEN/PITKIN COUNTY AIRPORT CAPITAL IMPROVEMENTS - MOTION TO APPROVE - STAFF PERSON: JIM ELWOOD~ PUBLIC WORKS DIRECTOR RESOLUTION APPROVING PLANNING AND ZONING COMMISSION BY LAWS - MOTION TO APPROVE - STAFF PERSON: DEBBIE QUINN RESOLUTION APPROVING AN ABATEMENT PETITION FOR PROPERTY TAX REFUND FOR JOHN M. BORDERS - MOTION TO APPROVE - STAFF PERSON: CAROL FOOTE, DEPUTY COUNTY TREASURER RESOLUTION APPROVING AN ABATEMENT PETITION FOR PROPERTY TAX REFUND FOR BORIS MILVICH - SCHEDULE NO. R006575 - MOTION TO APPROVE - STAFF PERSON: CAROL FOOTE, DEPUTY COUNTY TREASURER RESOLUTION APPROVING AN ABATEMENT PETITION FOR PROPERTY TAX REFUND FOR BORIS MILVlCH - SCHEDULE NO. R006332 - MOTION TO APPROVE - STAFF PERSON: CAROL FOOTE, DEPUTY COUNTY TREASURER RESOLUTION APPROVING AN ABATEMENT PETITION FOR PROPERTY TAX REFUND FOR JOHN P. MCBRIDE - MOTION TO APPROVE - STAFF PERSON: CAROL FOOTE, DEPUTY COUNTY TREASURER BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING JUNE 9, 2004 Commissioner Hatfield moved approval of the Consent Actions Agenda. Commissioner Roy seconded the motion. Motion passed unanimously. CONSENT ACTIONS: FIRST READINGS AND SET FOR PUBLIC HEARINGS ON JUNE 23~ 2005 FIRST READING - A RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN PITKIN COUNTY AND THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT FOR RENEWAL OF THE INTERGOVERNMENTAL AGREEMENT (IGA) FOR CONSUMER PROTECTION SERVICES - MOTION TO APPROVE - STAFF PERSON: CARLA BLOCK~ ENVIRONMENTAL HEALTH DEPARTMENT FIRST READING - RESOLUTION IMPOSING A THREE DOLLAR RENTAl CAR FACILITY USE FEE TO FUND IMPROVEMENTS TO THE AIRPORT RENT-A-CAR FACILITIES - MOTION TO APPROVE- STAFF PERSON: Jl~ ELWOOD~ AIRPORT DIRECTOR Commissioner Hatfield requested that the IGA with the City of Aspen, for the Highland Trail, be pulled from this portion of the agenda. Commissioner Clapper requested that the lease with Aspen Valley Hospital be pulled from this portion of the agenda. Commissioner Clapper moved approval of the Consent Actions Agenda as amended. Commissioner Roy seconded the motion. Motion passed unanimously. FIRST READING - RESOLUTION APPROVING AN INTERGOVERNMENTAl AGREEMENT WITH THE CITY OF ASPEN FOR THE ASPEN HIGHLANDS TRAILS - MOTION TO APPROVE - STAFF PERSON: BARB D'AUTRECHY~ OPEN SPACE AND TRAILS Commissioner Hatfield said he certainly supports a trail but maybe not in this location. He said he is very concerned that the cost to the county has gone up $122,000, but most importantly, he does not like the fact that we are going to have this partnership about continually maintaining this trail. He said he thinks that the trails within the Aspen area, and especially the Aspen Urban Growth Boundary, should be maintained by the City of Aspen. Barb D'Autrechy, with the Open Space and Trails Department said this agreement was taken to the Open Space and Trails Board and they approved this additional revenue, which was at the request of their partners in this project who is the City of Aspen. She explained that a large portion of this trail is on open space property and that is one of the reasons that they felt it would be BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING JUNE 9, 2004 ~.~ appropriate. She said they won't be handling any of the day to day maintenance costs of the cleaning and the sweeping or patrolling of it, but in terms of keeping it structurally sound and good quality, they will be partnering in that responsibility. Commissioner Hatfield read into the record a portion of the agreement which states "Pitkin County will reimburse the City up to 50 percent of direct costs associated with capital replacement and long term maintenance of the trail, including repaving and structural repair or replacement, providing that the County has a dedicated open space maintenance fund and provided that such replacement or repair projects are approved by both parties. He said this is where he is having the heartburn, and he will not be able to support this today. Commissioner Roy said all the Pitkin County voters, including the people in the City of Aspen, pay a larger bill for open space than they do to the general fund and she believes that is the source of funding that the voters are looking at to be earmarked for trails, including maintenance of the trails. She urged Commissioner Hatfield to rethink his vote on this matter. Commissioner Clapper moved to approve the Resolution. Commissioner Roy seconded the motion. Motion passed with four yea votes with one nay vote by Commissioner Hatfield with a comment that the additional heartburn for him is the fact that we agreed to spend $350,000 and an additional $122,000 just got him sideways on this. FIRST READING - ORDINANCE APPROVING A LEASE WITH ASPEN VALLEY HOSPITAL - MOTION TO APPROVE - STAFF PERSON: NAN SUNDEEN~ COMMUNITY RELATIONS DIRECTOR After a clarification from staff posed by Commissioner Clapper, she moved to approve first reading of the Ordinance and set for second reading on June 23, 2004. Commissioner Roy seconded the motion. Motion passed unanimously. CONSENT PUBLIC HEARINGS: Chairperson Farris opened the public hearing on the Consent Public Hearings Agenda. SPECIAL EVENT LIQUOR LICENSE FOR BOW WOW MEOW BALL I~iO¥iON TO APPROVE - STAFF PERSON: JENNIFER DOSS~ DEPUTY COUNTY CLERK SPECIAL EVENT LIQUOR LICENSE FOR THE BUDD PROGRAM - MOTION TO APPROVE - STAFF PERSON: JENNIFER DOSS~ DEPUTY COUNTY CLERK BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING JUNE 9, 2004 .,~ SECOND READING - RESOLUTION RECOGNIZING THE EAST OF ASPEN CAUCUS - MOTION TO CONTINUE TO JULY 14~ 2004 - STAFF PLANNER: ELLEN SASSANO~ LONG RANGE PLANNER Commissioner Roy moved approval of the Consent Public Hearings Agenda. Commissioner Clapper seconded the motion. Motion passed unanimously. Chairperson Farris closed the public hearings on the Consent Public Hearings items. ADMINISTRATIVE ACTIONS - FIRST READINGS SET FOR PUBLIC HEARINGS ON JUNE 23~ 2004 FIRST READING - RESOLUTION PROVIDING SUPPLEMENT.~J APPROPRIATIONS TO THE 2004 BUDGET FOR 2003 CARRYOVER PROJECTS AND OTHER 2004 PROJECTS APPROVED TO DATE - MOTION TO APPROVE FIRST READING AND SET FOR SECOND READING AND PUBLIC HEARING ON JUNE 23, 2004-- STAFF PERSON: DEBE NELSON~ FINANCE DIRECTOR Commissioner Clapper noted a correction to the Resolution changing the public meeting date to June 9th. Debbie Nelson, Finance Director explained two amendments that she is proposing to add to the resolution. Commissioner Hatfield commented that he has several questions but he will meet with staff to discuss his questions prior to second reading. Commissioner Clapper moved approval of first reading of the Resolution and set for second reading on June 23, 2004. Commissioner Hatfield seconded the motion. Motion passed unanimously. LAND USE CONSENT PUBLIC HEARINGS: Chairperson Farris opened the public hearings on the following matters: CONTINUED FIRST READING - ORDINANCE REPEALING AND RE.. ENACHNG SECTION 9-110-041 (C) DENSITY BONUS FOR CARETAKER DWELLING UNIT - MOTION TO CONTINUE TO JUNE 23~ 200,~ CONTINUED FIRST READING - RESOLUTION APPROVING THE PUBLIC WORKS FUELING STATION SPECIAL REVIEW FOR ESSENTIAl GOVERNMENTAL FACILITIES, GMQS EXEMPTION FOR ESSENTIAl COMMUNITY FAClLITIES~ CONCEPTUAL SUBMISSlON~ 1041 HAZARI') BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING JUNE 9, 2004 REVIEW AND SUBDIVISION EXEMPTION FOR PARCELS FOR ESSENTIAl COMMUNITY FACILITIES FIRST READING - ORDINANCE GRANTING A REZONING FROM AAFR-10 TO PUBLIC (PUB) FOR THE PITKIN COUNTY FUELING STATION - MOTION TO APPROVE FIRST READING AND SET FOR SECOND READING ON JUNF 237 2004 - STAFF PLANNER: LANCE CLARKE~ ASSISTANT PLANNINR DIRECTOR Commissioner Ireland moved approval of the Land Use Consent Public Hearings. Commissioner Hatfield seconded the motion. Motion passed unanimously. LAND USE CONSENT ACTIONS: ANNUAL REPORT FOR ELK MOUNTAIN LODGE - NO ACTION REQUIREr) STAFF PLANNER: SUZANNE WOLFF RESOLUTION APPROVING THE 257 ASPEN RIDGE LLC REQUEST TO ELIMINATE AN EMPLOYEE DWELLING UNIT DEED RESTRICTION MOTION TO APPROVE - STAFF PLANNER: SUZANNE WOLFF RESOLUTION ALLOCATING 2004 RURAL AREA GMQS ALLOTMENTS FOR ADDITIONAL FLOOR AREA - FIRST COMPETITION - MOTION TO APPROVE - STAFF PLANNER: SUZANNE WOLFF Commissioners Hatfield and Ireland requested that the Morrow/VVingo Junction matter be pulled from the Consent Actions Agenda for discussion purposes. Commissioner Hatfield moved approval of the Consent Actions Agenda as amended. Commissioner Roy seconded the motion. Motion passed unanimously. SECOND READING - RESOLUTION APPROVING THE MORROW/WlNGO JUNCTION SUBDIVISION/PUD CONCEPTUAL SUBMISSION~ '1041 HAZARD REVIEW~ SPECIAL REVIEW AND GMQS EXEMPTION - MOTION TO APPROVE - STAFF PLANNER: SUZANNE WOLFF Commissioner Hatfield entertained a discussion with staff with respect to questions he had with the context of some of the language in the resolution, which was explained to his satisfaction with the exception of Condition No. 15 C., which states that the applicant shall avoid fruit-bearing trees and shrubs in any landscaping. Commissioner Ireland commented that we need to straighten out the affordable housing development. He said it was his understanding, when he was on the BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING JUNE 9, 2004 property, that the units would be sold to the tenants or someone else, and they would be sold as a Category 2 or 3 restriction. He said Condition No. 10 C. needs to be more specific and identify the category and the designation and he thinks there needs to be some resolution as to whether the property is being owned by a homeowners association or what because he does not want people owning the buildings without owning the lot underneath. Herb Klein, representing the applicant stated that they would probably be condominimizing the units since these are going to be on that common pameh Mitch Haas, representing the applicant said with respect to the sales prices, they have scheduled the building department to go look at the units to tell them what has to be done in terms of upgrading them. He said they figured they would be based on the size, which would tell them what categories to make them. He said they have no problem saying category deed restricted they just don't know what category at this point. Suzanne Wollf pointed out language in Condition 3 D., which says at Detailed Submission, the applicant will provide staff with a specific proposal and plans for the types, size and categories for the deed restricted housing. And at that time the Board will be able to review what they are proposing. After a discussion the consensus that the plan for the deed restricted units will be as follows: · The plan will be based on employer designation of units for those units in excess of required mitigation · Property to be condominimized and deed restricted as category units · Units that are for mitigation will not be job attached. · The issue of the 180 days associated with selling the units will be addressed at detailed submission Herb Klein referred to Condition No. 3 I in the resolution. He requested that a portion of the language read "dedicate a separate lot to the County as referred to in paragraph 4 D below. It was agreed that this condition will be further discussed at detailed submission. Mr. Haas referred to Condition No. 6 D. He requested that the words "to the extent required" be added to the end of the sentence. It was agreed that this change would be acceptable. Mr. Haas referred to Condition No. 10 C. He said their intention was to say "existing tenants or employees of the ranch" rather than just existing tenants. It was agreed that this language will be further worked on and come back at detailed submission. BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING JUNE 9, 2004 Commissioner Hatfield moved approval of the Resolution as amended. Commissioner Clapper seconded the motion. Motion passed unanimously. LAND USE PUBLIC HEARINGS: CONTINUED FIRST READING - RESOLUTION GRANTING GMQS ANI3 SUBDIVISION EXEMPTIONS FOR ESSENTIAL COMMUNITY FACILITIES~ 1041 HAZARD REVIEW7 SPECIAL REVIEW AND SCENIC OVERLAY APPROVAL FOR THE ASPEN/PITKIN ANIMAL SHELTER AND BOARDINR KENNEL - MOTION TO CONTINUE TO JUNE 237 2004 - STAFF PLANNER: EZRA LOUTHIS CONTINUED FIRST READING AND PUBLIC HEARING - ORDINANC~ REPEALING AND RE-ENACTING SECTION 3-40-190~ PUBLIC7 ANr) GRANTING A REZONING FROM AFR-10 TO PUBLIC (PUB) FOR THF ASPEN/PITKIN ANIMAL SHELTER - MOTION TO APPROVE FIRST READING AND SET FOR SECOND READING ON JUNE 237 2004 - STAFF PLANNER: EZRA LOUTHIS Chairperson Farris opened the public hearings on the remaining items. Ezra Louthis and representatives from the City and Stan Clauson proceeded to review their proposal, as they presented it at the last meeting, and as outlined in the BOCC packet for this meeting. Commissioner Clapper requested that the date in Recital No. 4 be changed from 2003 to 2004. Commissioner Haff'ield entertained a discussion with the representatives with respect to a few clarifying questions he had with the project, which were answered to his satisfaction. Chairperson Farris opened the hearing to public comment. Representatives, of the applicant, and members of the public, thanked commissioners and county staff for making it possible for this project to move forward. A discussion ensued with respect to the open space and trails referral comment associated with dogs using the open space trail in the area. Stan Clauson requested that the ultimate resolution of this issue be tied to the Certificate of Occupancy rather than building permit. It was the consensus of commission members that this would be acceptable. BOARD OF COUNTY COMMISSIONERS 8 REGULAR MEETING JUNE 9, 2004 Seth commented that when people come to the shelter, to walk the dogs, they need to sign a contract to protect him. He said he could add in wording underneath, that says all dogs must be kept leashed and you must pick up and dispose of dog fesses. Chairperson Farris opened the hearing to public comment. There being no comment, she closed the public hearing and entertained a motion. Commissioner Hatfield moved approval of the Resolution and the Ordinance with the condition that the issue associated with dogs using the trail be worked out prior to certificate of occupancy, and set for second reading on June 23, 2004. Commissioner Ireland seconded the motion. Motion passed unanimously. FIRST READING AND PUBLIC HEARING - ORDINANCE AMENDING TITLE ~ OF THE PITKIN COUNTY CODE - THE LAND USE CODE - AMENDING THF FOLLOWING: SUB-SECTION 3-80-060~ HISTORIC AND ARCHAEOLOGICAl RESOURCE AREAS; SUB-SECTION 3-150-030~ URBAN GROWTH BOUNDARY GROWTH MANAGEMENT EXEMPTIONS; SECTION 4-$0-010~ ONE-S I~-F REVIEWS- GENERAL; SUB-SECTION 5-50-010~ GROUP I DEVELOPMENT APPLICATIONS - GENERAL; AND SUB-SECTION 9-110- 043~ RURAL AREA GROWTH MANAGEMENT INCENTIVE FOR PRESERVATION OF HISTORIC STRUCTURES; AND ADDING SUB-SECTION 3-150~070, URBAN GROWTH BOUNDARY GROWTH MANAGEMENT EXEMPTION FOR ONE ADDITIONAL SINGLE FAMILY DWELLING UNIT O,~ A LOT/PARCEL WHICH CONTAINS AN HISTORIC STRUCTURE(S) MOTION TO APPROVE FIRST READING AND SET FOR SECOND READING ON JUNE 23~ 2004 - STAFF PLANNER: SUZANNE WOLFF Suzanne Wolff, staff planner, gave a presentation on this item as summarized in her memorandum to the Board contained in the BOCC packet for this meeting. Commissioner Haffield moved approval of first reading of the Ordinance and set for second reading on June 23, 2004. Commissioner Clapper 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 ADOPTING NEW AND REVISED DESIGN GUIDELINES FOR THE REDSTONE HISTORIC DISTRICT - MOTION TO APPROVE ON SECOND READING AND SET FOR THIRD READING ON JULY 14~ 2004 - STAFF PLANNERS: CINDY HOUBEN~ COMMUNITY DEVELOPMENT DIRECTOR AND SUZANNAH REID BOARD OF COUNTY COMMISSIONERS 9 REGULAR MEETING JUNE 9, 2004 SECOND READING AND PUBLIC HEARING - ORDINANCE REPEALING AND REENACTING LAND USE CODE SECTIONS 3-80-00607 HISTORIC ANI3 ARCHEOLOGICAL RESOURCE AREAS - MOTION TO SET FOR THIRI3 READING ON JULY 14, 2004 - STAFF PLANNERS: CINDY HOUBEN, COMMUNITY DEVELOPMENT DIRECTOR AND SUZANNAH REID Lance Clarke explained that the County Attorney has advised staff that the 50 pages of the guidelines need to be published therefore, there will need to be a third reading on the ordinance. Suzannah Reid, Pitkin County Historic Preservation Officer, gave a presentation on this matter as summarized in her memorandum to the Board contained in the BOCC packet for this meeting. She explained that there will be a couple of minor amendments made to the diagrams and those changes will be made prior to third reading. Commissioner Hatfield requested that the Ordinance be brought back, at third reading, as an emergency ordinance so that it will go into effect immediately upon adoption on July 14th. Chairperson Farris opened the hearing to public comment on these two matters. There being no comment, she entertained a motions from the Board. Commissioner Clapper moved approval of second reading of the Ordinance approving the Redstone Historical Guidelines and schedule for third reading on July 14, 2004. Commissioner Roy seconded the motion. Commissioner Clapper moved to approve the Ordinance amending Section 3-80-60 of the land use code. Commissioner Hatfleld seconded the motion. Motion passed unanimously. EXECUTIVE SESSION CONVENED AT 5:35 PM. Commissioner Hatfield moved to go into executive session to discuss Hunter Creek litigation pursuant to C.R.S. 24-6-402 4 b. Commissioner Ireland seconded the motion. Motion passed unanimously. Chairperson Farris reconvened the meeting at 5:45 PM. FIRST READING - RESOLUTION APPROVING THE RIVER RIDGE WOODY CREEK - COLLINS SUBDIVISION/PUD DETAILED SUBMISSIOn'! AND FINAL PLAT - MOTION TO APPROVE AND SET FOR SECONI') READING ON JUNE 23~ 2004- STAFF PLANNER: LANCE CLARKE~ ASSISTANT PLANNING DIRECTOR BOARD OF COUNTY COMMISSIONERS t0 REGULAR MEETING JUNE 9, 2004 I~ Commissioner Ireland moved approval of the Resolution approving the River Ridge in Woody Creek (Collins Subdivision) application with the conditions as noted. Commissioner Clapper seconded the motion. Motion passed unanimously. Lance Clarke gave a presentation on this item as summarized in his memorandum contained in the BOCC packet for this meeting. A discussion ensued with respect to the issue of an agricultural assessment status for the lots. Commissioner Hatfield said he supports the county attorney's recommendation that no agricultural activities conducted for profit or with the anticipation of profit will be prohibited. Jim Collins said he is in agreement with the County Attorney's recommendation and any way that it can be accomplished to give up the opportunity for the exemption, he is willing to do that, but he does not want to give up any of the rights under the zoning. He said it will work for him because he is willing to cooperate to come up with something that will work on a broader basis and he will pledge to continue that if it is not resolved before this part of the process is complete. He said if we can come to some method that just restricts the right to have the exemption he is perfectly willing to agree to that. Herb Klein, Attorney for Mr. Collins, said this is all a function of state law and there is a real serious question, in his mind, about the board's authority to impose this condition. He said Jim is willing to voluntarily impose some type of condition and it seems to him that is something that should be given some greater consideration. Commissioner Ireland said the Board has the power to prohibit agricultural uses altogether. And the greater power includes the lesser power, which is to prohibit a form of agricultural activity as intended to make a profit. He said if the board wanted, it could rezone this property and say no agricultural use permitted. Chairperson Farris opened the hearing to public comment. Tim Semrau commented that his notice on the previous hearing went to the wrong address and so he had no idea this application was happening until he got notice on the final hearing. He said when he came in, for his PUD next door to his, Mr. Collins and the caucus fought long and hard to limit his FAR, which was limited to 5750 - 6300 including sub-grade and everything else. So he said his first question is why is Mr. Collins getting approved for two houses of 11,500 a piece. And the second part of the question is why is it approved about 1,000 feet from his house and 50 feet from his property? BOARD OF COUNTY COMMISSIONERS REGULAR MEETING JUNE 9, 2004 Mr. Collins clarified that Mr. Semrau's property was a county owned property, which went out to bid so there was a negotiated deal, because the county owned the property and sold it for what they paid for it after carrying it for 13 years, and so they put some requirements on the property. Commissioner Ireland advised Mr. Semrau that he could apply for TDR's to supersize his property and that he wouldn't have any objection to that, but he would have to change his covenants to do this. Mr. Semrau said he just might do that but he is just curious because the argument made then, by Mr. Collins and the caucus, that anything bigger than 5750 would be inappropriate for the neighborhood. Mr. Collins responded that he went through a different process to get where he is, which was the GMQS process. He said Tim also has four houses of 6300 feet so he has more FAR than he does. Additionally, he said the GMQS process allows a tradeoff to get points and he reduced the house size from 30,000 to 22,000 to get a point and he could have reduced it further to get more points. Mr. Klein explained that they then, negotiated it down even further through the P&Z process to limit the maximum size of the house to 11,250 on any lot, and if there was a barn space they would go up to a total of 15,000 if the excess was used for a barn or agricultural buildings. Mr. Klein further said that notices were sent out to Tim's address of record, at the early stages of this process, and they don't know why he did not get the notice. Michael Owsley, representing the Woody Creek Caucus explained that all applications are different and the land use code does not equalize everybody, but rather, simply allows people avenues of development. He further said the caucus is comfortable with a house size of 5750 and TDR's. In certain locations large houses are appropriate and in certain locations they are inappropriate. Commissioner Roy questioned whether or not the issuance of TDR's should be tied to this subdivision approval? John Ely explained that the way the code is written, there is no special review process to pull the TDR's out of this approval due to the fact that anyone in a board approved subdivision has the right to apply for a TDR. Commissioner Ireland said it is within the discretion of this board whether or not to approve the square footage. However, he is not going to vote for this until the language associated with the agricultural operation is adopted. He said he can accept whatever decision the Board makes on house size but the AG issue is a deal breaker for him. BOARD OF COUNTY COMMISSIONERS 12 REGULAR MEETING JUNE 9, 2004 I~ A discussion ensued with respect to what house size would be appropriate and whether or not a TDR would be appropriate. Tim Semrau said he would like a cap of 5750 with no ability to go above that or he would like an explanation why this property is different from his. Mr. Collins said they have followed the code to the letter, and the GMQS process is a series of tradeoffs and he gave up certain things to get other things, and then later on to say that he has to give up things that he kept, is frustrating. Commissioner Ireland suggested that Mr. Collins might think about moving his house farther away from Mr. Semrau's house. A discussion ensued with respect to limiting the square footage of the house closest to Mr. Semrau. Tim Semrau listed the three additional things that he is seeking: · A 30 foot ditch easement · A requirement to submit a report to the County Engineer for reasonable approval of a water engineering study indicating that the development of the lot will not adversely affect the flow or maintenance of the ditch · A condition that new ponds, constructed with new rights, not take or diminish the flow of water in the Walton Ditch. Mr. Klein said that in order to put a 30 foot easementl around the ditch in its current location, they would have to move the ditch outside the envelopes because everything goes right through the middle of the envelope and they would need Tim's consent to do this. He said if Tim will agree to let them move the ditch they will agree to all the three points. Mr. Semrau said he is opposed to the ditch being moved at this point in time because he has not seen any plans for the relocation. It was the consensus of commission members that Mr. Collins could move the ditch. Mr. Klein said in the process of trying to accommodate Tim's concerns about the houses, they would like him to agree to the moving of the ditch. He said he appreciates that the Board would give them approval, but if he doesn't they would have to go to court. He explained that it seems unfair for them to go and negotiate down house sizes if he is thinking about making them go to court over moving the ditch. Chairperson Farris asked Mr. Semrau if he would be willing to allow him to move the ditch. BOARD OF COUNTY COMMISSIONERS 13 REGULAR MEETING JUNE 9, 2004 Mr. Semrau responded not until he knows what the whole development is. Pete, a down stream neighbor said his interest is only with the water from the ditch. He said he thinks it is up to everyone down stream from Jim Collins' property, whether or not the ditch could be moved and as far as he knows, no one has been notified at this point in time. Bob Noone, water attorney for Mr. Collins, said the ditch owners must agree to moving the ditch or you must go to court and obtain a judicial declaration that the proposed modification does not significantly lessen the utility of the ditch easement, does not increase the burdens on the owners of the easement (the other ditch users), does not increase the burdens on the owner of the easement and its use and enjoyment or the modification does not frustrate the purpose for which the easement was created. He said the common practice is to hire a water engineer to design the modification and to demonstrate that it does not violate any of these conditions on movement. And if that is there, and it has the engineer's certificate and the seal on it that should pretty much resolve the question of impact. He said they hope to go forward with the intent of moving the ditch on their property. Commissioner Ireland proposed that the one lot have a restriction to 8,250 and the other remain at 11,200. A discussion ensued with respect to this suggestion and with respect to whether or not the one house could be moved farther away from the Semrau house. Mr. Collins said the problem is that most of the property (setback from the Semrau house) is mostly a riparian area. Commissioner Ireland asked Mr. Semrau if he would accept a package, which is a limitation of 8250 square feet on the house next to him and allow them to move the ditch with a provision that Mr. Collins would provide a 30 foot easement. Mr. Collins stated that he would be willing to limit the size of the house next to Mr. Semrau to 5,750 square feet with a TDR, which would be a total of 8,250 square feet and would be willing to move the ditch, with appropriate engineering showing that there is no reduction in water delivery, agreeing that the new ponds will not impact the ditch, increasing the easement to a total of 30 feet, from where it enters the new lots, and move the building envelope, within the development envelope, another 30 feet away from Mr. Semrau's property. Mr. Semrau said he would like to see the 30 foot easement going through the whole property because the argument was made that 30 feet would be needed to protect the lower ditch owners rights to get in, with machinery, and keep the flow going. BOARD OF COUNTY COMMISSIONERS 14 REGULAR MEETING JUNE 9, 2004 Commissioner Hatfield said he would feel comfortable with a 30 foot easement, on the ditch, on the whole property, but Jim does not have to relocate the bottom section if he does not want to. Bob Noone, Attorney for the applicant, commented that the law is, today, without this board doing anything further, that Jim may not interfere with the rights of the ditch users to maintain, repair, or do whatever they deem necessary, in their discretion to insure that the ditch continues to carry water, and he cannot prohibit that. Mr. Collins said if this is the last issue, prior to reaching an agreement, they will be willing to grant a 30 foot easement. Herb Klein stated that with respect to the agricultural status issue, their proposal would be that they would agree to a covenant, which would require, if for some reason the lots were classified as AG, that the owner would pay to the county what the county's share of the taxes would be calculated as though it was classified as residential. Mr. Collins said if this is the last issue to get approval and go forward in two weeks, he will accept the county attorney's language if they cannot come up with language, in the next two weeks, that will be to the satisfaction of the county attorney. Commissioner Ireland said he is willing to go along with this proposal. It was agreed that the county attorney would work on specific language addressing the agricultural status issue. Commissioner Ireland moved approval of this application with the conditions specified and the understanding that Jim is free to work with the county attorney on the specific language on the agricultural status issue.* Commissioner Clapper seconded the motion. Chairperson Farris opened the hearing to public comment. There being no comment, she called the question. Motion passed unanimously. Motion passed unanimously. Chairperson Farris closed the Land Use Public Hearings portion of the agenda. ADJOURNMENT: The meeting was adjourned at 7:00 PM BOARD OF COUNTY COMMISSIONERS 15 REGULAR MEETING JUNE 9, 2004 Je~nette Jones ~/ Cl~rk to the Board of County Commissioners Dorothea Farris, Chairperson Board of County Commissioners g\bocc\minutes~2004\06092004 BOARD OF COUNTY COMMISSIONERS 16 REGULAR MEETING JUNE 9, 2004 17