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HomeMy WebLinkAboutbocc.min.reg.06232004 PITKIN COUNTY COMMISSIONERS REGULAR MEETING AGENDA Plaza One Conference Room WEDNESDAY~ JUNE 23~ 2004 (Mick Ireland not Present) 12:00 NOON JOINT LUNCH MEETING WITH OPEN SPACE AND TRAILS BOARD 1:00 PM SPECIAL MEETING Executive Session ADJOURN SPECIAL MEETING 2:00 PM ADDITIONS/DELETIONS TO AGENDA PUBLIC COMMENT, COMMISSIONER COMMENTS, PROCLAMATIONS CONSENT ACTIONS 1. Minutes of May 19, 25 & June 1 Work Sessions and June 9 Regular Meeting 2. Resolution Appointing Lauren Lacy to Citizen Grant Review Board, Susan Berdahl 3. Resolution on RS2477, Debbie Quinn CONSENT ACTIONS- 1st Readings~ Set for Public Hearing on July 14: 4. Resolution Adopting Social Services Intergovernmental Agreement, Kate Jangula 5. Resolution Enacting Landfill Tipping and Sales Fees, Chris Hoofnagle CONSENT PUBLIC HEARING - 2na Readings 6. Resolution Approving the Highland Trail IGA with the City of Aspen, Barb D'Autrechy 7. Renewal of Intergovernmental Contract for Consumer Protection with Colorado Department of Health and Environment, Carla Block 8. Resolution Providing Supplemental Appropriations to the 2004 Budget for 2003 Carryover Projects and Other 2004 Projects Approved to Date, Debe Nelson 9.Ordinance Approving Lease with Aspen Valley Hospital, Nan Sundeen 10. Resolution Setting Rental Car User Fee, Jim Elwood LAND USE CONSENT PUBLIC HEARINGS 1.Nextel CommunicatiOns Facility Special Review (PN 5/22/04), E. Louthis 2. Grace Church Special Review, 1041 Hazard Review, CDU (PN 4/24/04) (con't to 8/11/04 at request of Applicant), E. Louthis LAND USE CONSENT ACTIONS 3. Code Amendment Historic Preservation, nd · 2 Reading, S. Wolff 4. Aspen Pitkin Animal Shelter and Boarding Kennel Growth Management/Subdivision exemption, Special Review, Scenic Overlay Review, 1041 Hazard Review, Rezoning, Code Amendment, Minor Plat Amendment, 2nil Reading, E. Louthis LAND USE PUBLIC HEARINGS 5. Aspen Field Biology Lab, Code Amendment, Special Review, 1041, GMQS Exemption 1st Reading (PN 5/22/04) (10 Day PN 6/12/04), S. Wolff 6. Code Amendment - Caretaker Dwelling Units, Ist Reading (PN 4/24/04) (con't from 6/9/04), E. Louthis LAND USE ACTIONS 7. Willoughby Way Special Event Permit, R. Sullivan 8. Warren Takings Determination, S. Wolff 9. Collins Subdivision Detailed Final 2nd Reading, L. Clarke BOCC OPEN DISCUSSION ADJOURN APPROVED JULY 14, 2004 MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR MEETING JUNE 23, 2004 NOTE: For all staff memorandums and associated documents, including additional exhibits submitted, refer to the BOCC PACKET for June 23, 2004 CALL TO ORDER: Chairperson Farris called the regular meeting of the Board of County Commissioners to order at 2:00 PM COMMISSION MEMBERS PRESENT: Commissioners Dorothea Farris, Patti Clapper, Shellie Roy, and Jack Hatfield COMMISSION MEMBERS NOT PRESENT: Commissioner Ireland due to a scheduled vacation. ADDITIONS/DELETIONS TO AGENDA: PUBLIC COMMENT: Dick Jackson appeared before the Board to speak to the issue of commercial operations being conducted absence of licensing requirements, liability insurance, etc. Staff was directed to look into the scope of the problem and possible regulations associated with these types of operations, which are being conducted in Pitkin County. Lada Vrany appeared before the Board to discuss ongoing ditch issues on the county's property located next to the airport. COMMISSIONER COMMENTS: Commissioner Hatfield complimented the Aspen Times for publication of the "Guide" magazine, which was recently released. PROCLAMATIONS: CONSENT ACTIONS: BOARD OF COUNTY COMMISSIONERS REGULAR MEETING JUNE 23, 2004 APPROVAL OF MINUTES OF WORK SESSIONS HELD ON MAY 19, MAY 25, AND JUNE I AND REGULAR MEETING OF JUNE 9, 2004 - MOTION TO APPROVE - STAFF PERSON: JEANETTE JONES, CLERK TO THE BOARD OF COUNTY COMMISSIONERS RESOLUTION APPOINTING LAUREN LACY TO THE CITIZEN GRANT REVIEW COMMI,,EE - MOTION TO APPROVE - STAFF PERSON: SUSAN BERDAHL RESOLUTION CONCERNING THE ADOPTION OF POLICIES ANI') PROCESSES THAT INVOLVE THROUGH PUBLIC INPUT TO IDENTIFY ANI') ASSERT RIGHTS-OF-WAY UNDER RS2477 - MOTION TO APPROVE STAFF PERSON: DEBBIE QUINN, ASSISTANT COUNTY MANAGER Commissioner Farris gave a short presentation on this matter. Debbe Quinn read into the record additional language that Commissioner Farris requested, which states Pitkin County believes that Colorado's national parks, national monuments, national wildlife refuges, wilderness, roadless areas, and other pristine wildlands are of special importance to the heritage, culture, and economy of this state and County, and should be given special consideration in the resolution of claims for R.S. 2477 highway rights-of-way. Commissioner Roy moved approval of the Resolution with the two amendments l) the amendment just read by staff and 2) the passage of the senate bill in support of this and the other additional items on the Consent Agenda. Motion passed with four yea votes. Commissioner Ireland not present. CONSENT ACTIONS: FIRST READINGS AND SET FOR PUBLIC HEARING-~ ON JUNE 237 2005 FIRST READING - RESOLUTION ADOPTING AN INTERGOVERNMENTAl AGREEMENT WITH EAGLE, GARFIELD AND SUMMIT COUNTIES - MOTIOn"_ TO APPROVE AND SET FOR SECOND READING AND PUBLIC HEARINC; ON JULY 14~ 2004- STAFF PERSON: KATE JANGULA~ SOCIAL SERVICER DIRECTOR FIRST READING - RESOLUTION AMENDING LANDFILL TIPPING ANt) SALES FEES - MOTION TO PULL FROM THE CONSENT AGENDA - STAFF PERSON: CHRIS HOOFNAGLF Commissioner Clapper requested that the Resolution Amending the Landfill Tipping and Sales Fees be pulled from the Consent Agenda. BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING JUNE 23, 2004 Commissioner Roy moved approval of the Resolution. Commissioner Clapper seconded the motion. Motion passed with four yea votes. Commissioner Ireland not present. FIRST READING - RESOLUTION AMENDING LANDFILL TIPPING AND SALES FEES - MOTION TO APPROVE AND SET FOR SECOND READING AND PUBLIC HEARING ON JULY 14~ 2004 - STAFF PERSON: CHRIS HOOFNAGLE Commissioner Clapper asked staff if the free dump day had been re-established? She was advised that it will be implemented in 2005. Commissioner Clapper moved approval of first reading of the Resolution and set for second reading and public hearing on July 14, 2004. Commissioner Haffield seconded the motion. Motion passed with four yea votes. Commissioner Ireland not present. CONSENT PUBLIC HEARINGS - SECOND READINGS: Chairperson Farris opened the public hearing on the Consent Public Hearings Agenda. SECOND READING AND PUBLIC HEARING - RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF ASPEN FOR THE ASPEN HIGHLANDS TRAIL - MOTION TO PULL FROM THE CONSENT AGENDA- STAFF PERSON: BARB D'AUTRECHY, OPEN SPACE ANr~ TRAILS DEPARTMENT SECOND READING AND PUBLIC HEARING - 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 SERVICES DEPARTMENT SECOND READING AND PUBLIC HEARING - RESOLUTION PROVIDINC SUPPLEMENTAL APPROPRIATIONS TO THE 2004 BUDGET FOR 2003 CARRYOVER PROJECTS AND OTHER 2004 PROJECTS APPROVED TO DATE - MOTION TO APPROVE - STAFF PERSON: DEBE NELSON SECOND READING AND PUBLIC HEARING - ORDINANCE APPROVING A LEASE WITH ASPEN VALLEY HOSPITAL - MOTION TO APPROVE - STAFF PERSON: NAN SUNDEEN, COMMUNITY SERVICES DIRECTOR BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING JUNE 23, 2004 L~ SECOND READING AND PUBLIC HEARING - ORDINANCE IMPOSING .~. THREE DOLLAR (~3) RENTAL CAR FACILITY USE FEE TO FUND IMPROVEMENTS TO THE AIRPORT RENT-A-CAR FACILITIES - MOTION TO APPROVE - STAFF PERSON: JIM ELWOOD~ AIRPORT DIRECTOR Commissioner Hatfield moved approval of the Consent Public Hearings Agenda. Commissioner Clapper seconded the motion. Motion passed unanimously. SECOND READING AND PUBLIC HEARING - RESOLUTION APPROVlNR AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF ASPEN FOR THE ASPEN HIGHLANDS TRAIL - MOTION TO APPROVE - STAFF PERSON: BARB D'AUTRECHY~ OPEN SPACE AND TRAILS DEPARTMENT Commissioner Hatfield said he is not going to be supportive of this Highlands Trails due to three reasons: 1. He has always been concerned about the location. 2. Due to the cost overruns. And he wants to send a message to staff, both City and County that we need to get closer to our bids. 3. The fact that we have decided, through this agreement that we will maintain, pave, as well as deal with the issue of structural rehabilitation down the road, etc. For these reasons, he said he is going to respectfully, for the first time ever, disagree with a trail issue in our county. Commissioner Clapper moved approval of the Resolution. Commissioner Roy seconded the motion. Motion passed with three yea votes, one nay vote by Commissioner Haffield with Commissioner Ireland not being present. LAND USE CONSENT PUBLIC HEARINGS: Chairperson Farris opened the public hearings on the following matters: RESOLUTION GRANTING APPROVAL FOR THE NEXTEL SPECIAL REVIEW FOR A TELECOMMUNICATION SITE AT THE ASPEN AIRPORT BUSlNES-~ CENTER - MOTION TO APPROVE - STAFF PLANNER: EZRA LOUTHIR GRACE CHURCH SPECIAL REVIEW- MOTION TO CONTINUE TO AUGUST 1'17 2004 AT THE REQUEST OF THE APPLICANT - STAFF PLANNER: EZRA LOUTHIS BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING JUNE 23, 2004 Commissioner Clapper moved approval of the Land Use Consent Public Hearings Agenda. Commissioner Haffield seconded the motion. Motion passed with four yea votes. Commissioner Ireland not present. LAND USE CONSENT ACTIONS: SECOND READING - ORDINANCE AMENDING TITLE 8 OF THE PITKIN COUNTY CODE - THE LAND USE CODE - AMENDING THE FOLLOWING: SUB-SECTION 3-80-060~ HISTORIC AND ARCHAEOLOGICAL RESOURCF AREAS; SUB-SECTION 3-150-0307 URBAN GROWTH BOUNDARY GROWTH MANAGEMENT EXEMPTIONS; SECTION 4-50-0107 ONE-STEP REVIEWS GENERAL; SUB-SECTION 5-$0-010~ 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 ON A LOT/PARCEL WHICH CONTAINR AN HISTORIC STRUCTURE(S) - MOTION TO APPROVE - STAFF PLANNER: SUZANNE WOLFF SECOND READING-ORDINANCEREPEALING AND RE-ENACTIN~ SECTION 3-40-190~ PUBLIC~ AND GRANTING A REZONING FROM AFR-10 TO PUBLIC 9PUB) FOR THE ASPEN/PITKIN ANIMAL SHELTER - MOTION TO APPROVE - STAFF PLANNER: EZRA LOUTH!-~ SECOND READING - RESOLUTION GRANTING GMQS AND SUBDIVISION EXEMPTIONS FOR ESSENTIAL COMMUNITY FACILITIES~ 1041 HAZARD REVIEW~ SPECIAL REVIEW AND SCENIC OVERLAY APPROVAL FOR THF ASPEN/PITKIN ANIMAL SHELTER AND BOARDING KENNEL - MOTION TO APPROVE - STAFF PLANNER: EZRA LOUTHIR Commissioner Hatfield moved approval of the Land Use Consent Actions Agenda with an amendment to the Animal Shelter Resolution that approval is conditioned upon a memorandum being executed by the City regarding a land swap with the airport, snow dump, and the animal shelter. Commissioner Clapper seconded the motion. Motion passed with four yea votes. Commissioner Ireland not present. LAND USE PUBLIC HEARINGS: FIRST READING AND PUBLIC HEARING - RESOLUTION GRANTINR APPROVAL TO ROBERT LEWIS FOR THE ASPEN FIELD BIOLOGY LABORATORY SPECIAL REVIEW~ 1041 HAZARD REVIEW~ CONCEPTUAl SUBMISSION AND GMQS EXEMPTION FOR AN ESSENTIAL COMMUNITY FACILITY- MOTION TO APPROVE - STAFF PERSON: SUZANNE WOLFF BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING JUNE 23, 2004 Suzanne Wolff gave a presentation on this item as summarized in her memorandum to the Board contained in the BOCC packet for this meeting, which consists of the following approvals: · Special Review for an indoor research facility · Code Amendment to add "research facilities, indoor" as a special review use in the AFR-10 zone district · GMQS Exemption for an essential community facility · 1041 Hazard Review and Conceptual Submission to establish a building envelope · Caretaker Dwelling Unit Ms. Wolff noted that Tom Todd, representing an adjoining neighbor, requested that an additional parking space be dedicated for the caretaker unit. Therefore, Condition 1-c has been amended to include one additional dedicated parking space for the caretaker unit, for a total of four spaces. Commissioner Roy referred to Condition No. 13 1 D, which states the AFBL shall be limited to a maximum of two employees. She requested that language be added, which says "limited to a maximum of two employees not including the three researchers" in case the researchers are paid an allowance of $100 a month or something like that, which might have the potential of classifying them as an employee. Mr. Lewis said he thinks that is a very important issue because many researchers have their own grants and a percentage of the money will go to the lab, but others will not and they will have to support those researchers. It was agreed that this language would be clarified. Commissioner Farris referred to Condition No. 1 C which states that additional parking shall be added, if determined necessary, during the annual review. She said she does not want to allow extra parking that if there is a need for additional parking, they will need to provide it somewhere else. Commissioner Roy suggested that the language be amended to state if there is a shortage of parking determined in the annual review, the plan will be amended to address that. Mr. Lewis said he doesn't want any extra cars either and he will do everything he can to live with the conditions. And when the annual review comes it could be talked about, if it's an issue. Commissioner Farris said she would like to point out that she thinks staff worked diligently both with the P&Z and with the neighbors to come up with restrictions 21, 22, and 23. BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING JUNE 23, 2004 Commissioner Hatfield referred to Condition No. 5 G, which states that the three additional bedrooms will only be occupied by employees of AFBL or visiting researchers from May 1 to November 1 .... He asked Mr. Lewis if he foresees any need to do winter research? Mr. Lewis responded that they have just learned that one of the scientists live in New Zealand and the other one south of the equator, whose seasons are reversed from our seasons. Therefore, they would be free to come to Aspen during the winter. He requested that they be permitted to occasionally have one or two scientists, during the winter time, to study the snowshoe hare, which is a primary food source for the Lynx, which are being introduced, and the migratory habits of deer and elk. Commissioner Hatfield said he is not supportive of limiting this from May 1 to November 1. He thinks the applicant should have the ability to manage this for the purpose so intended because he thinks science is year-round and he would like to take advantage of this proposal. He suggested that the language be changed to state that the bedrooms will be only occupied by ^FBL or visiting researchers and then end the sentence. Commissioner Roy suggested that Condition G be deleted because what Bob is requesting is that researchers be allowed to stay in his home. She explained that what this deed restriction is saying is that he cannot have an old friend come and stay in his extra bedroom. She suggested that the deed restriction state that the unit cannot be "rented". Ms. Wolff clarified that the purpose of the condition is to insure that this building will only be used by these researchers because otherwise, it starts to look like a short term lodging facility and that is where staff is trying to draw the line. It was the consensus of other commission members that this does not restrict what he can do in his house, but rather restricting the three bedrooms in the research facility, and that the deed restriction language should remain as written. Commissioner Clapper expressed a concern with respect to changing the operation to a year round operation. She said this is a significant change to this application; there was a great deal of public comment that went into it, and a great deal of time was spent with the Planning and Zoning Commission. Additionally, there was a request not to have to submit a PM-10 plan due to the fact that there was not a proposal for winter operations. She said not that she would not support the change if it would have been part of the application, but she is concerned that we are significantly deviating from the application. Mr. Lewis said there was not a lot of public comment, but rather, there were only two people who commented on the application during the P&Z process, one of BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING JUNE 23, 2004 which does not even live in the area. He said however, they have 11 people, living in the Caucus, that support the lab. So there are far more people who want the lab there than don't. A discussion ensued with respect to the PM-10 issue. It was agreed that the applicant should work with the Environmental Health Department to come up with a PM-10 report. Commissioner Hatfield moved that Condition No. G be amended to read: the deed restrictions shall ensure that the three additional bedrooms will only be occupied by AFBL or visiting researchers and ending the sentence at this point. Commissioner Roy seconded the motion. Tom Todd, representing Ed Bass, said they are opposed to changing the date from May 1 to November 1. He said the use of the additional wing of the structure was specifically agreed and represented at the P&Z hearings that it would only be used from May to November and this does change things. He referred to a letter from Glenn Horn to Suzanne Wolff, dated May 12th that specifically represents that this is only going to be used from May 1 to November Ist. He said the neighbors concerns are that historically, Bob has lent the bedrooms out to people over the wintertime and typically, there would be two, three or more cars parked on the highway right-of-way. So there was quite a bit of discussion about getting the cars off the road and on-site (dedicating these three parking spots for use of the facility). And the thinking was if this was turned into a bed and breakfast or lodging facility, during the wintertime, there could be more cars either on site or along the highway right-of-way. And that is when there were specific representations that this was just going to be a facility for summertime research. Mr. Lewis said if there are organisms that need to be studied in the winter, because of their habits, they would be lucky to find such a person. He said it's not something that is going to happen year after year after year. Fadia Middlebrook said they would be asking their guests, who come in the winter, not to bring their cars because they will be transporting them to the facility. Commissioner Clapper said her concern is that the application is very clear about the limited amount of use, and she is concerned to move forward with amending the application prior to it being remanded back to the P&Z. Commissioner HatT'ieid said he knows the P&Z meets on July 6th and we could ask them for a quick take on that one single issue about dates and then this issue could be discussed further at second reading. BOARD OF COUNTY COMMISSIONERS 8 REGULAR MEETING JUNE 23, 2004 After a discussion Commissioner Hatfleld moved to convene into an executive session at 3:45 PM, under C.R.S. 24-04-406 (b), to get advice from the county attorney on this issue. Commissioner Roy seconded the motion. Chairperson Farris reconvened the regular meeting at 4:00 PM. Commissioner Hatfield announced that he would be withdrawing his motion amending Condition No. 5 G, but have it read that at anytime, the applicant can request an amendment for the winter use. He explained that at this time, we cannot move forward without remanding it back to P&Z, which he gathers would not be that timely. Commissioner Roy withdrew her second. Commissioner Hatfield moved approval of the resolution. Commissioner Roy seconded the motion with an amendment to Condition No. 13 I D to be exclusive of the three researchers in calculating the number of FTE's. Commissioner Hatfield amended his motion to include Commissioner Roy's motion. Motion passed with four yea votes. Commissioner Ireland not present. Commissioner Clapper commented that since the application is not being changed, she would not require a PM-10 report at this time. Commissioner Hatfield moved approval of first reading of the Ordinance and set for second reading on July 14, 2004. Commissioner Roy seconded the motion. Motion passed with four yea votes. Commissioner Ireland not present. FIRST READING AND PUBLIC HEARING - ORDIANCE REPEALING ANF) RE-ENACTING SECTION 9-110-041 C DENSITY BONUS FOR CARETAKER DWELLING UNIT - MOTION TO APPROVE - 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. Marcella Larsen, applicant, made her presentation as addressed in her letter contained in the BOCC packet for this meeting. Chairperson Farris opened the hearing to public comment. There being no comment, she closed the public comment portion of the hearing and brought the matter back to the Board. BOARD OF COUNTY COMMISSIONERS 9 REGULAR MEETING JUNE 23, 2004 Chairperson Farris commented that in any case, whether the unit is 500, 700 or 1,000 square feet, she thinks we need to consider neighborhood covenants and she wants to respect these local covenants. A short discussion ensued with staff regarding clarifications to the proposed legislation. Commissioner Clapper suggested that all applications, for the additional square footage, be by an administrative review process with an appeal process to the BOCC. Commissioner Clapper moved approval of the Ordinance with an addition that if anybody wants to apply for an additional 300 square feet, up to 1,000 square feet, it goes through an administrative special review, whether it is an attached or detached unit. Commissioner Hatfield suggested an amendment to Condition No. C.1. a., which adds the R-15A zone district to the language. After a short discussion it was agreed that the existing language in the code, should be changed from 700 square feet to 1,000 square feet. Commissioner Roy said with respect to local covenants, there are more and more neighborhoods that are becoming opposed to long term rentals. She said she is not sure if we want to build in the concept of writing covenants against a county policy. Commissioner Clapper restated her motion to approve the Ordinance with the addition of the R-tSA zone district to Condition No. C 1 a. Commissioner Hatfield seconded the motion. Motion passed unanimously. Chairperson Farris closed the Land Use Public Hearings portion of the agenda. CONSIDERATION OF THE ADMINISTRATIVE DETERMINATION OF THF COMMUNITY DEVELOPMENT DIRECTOR APPROVING A TEMPORARY COMMERCIAL USE/SPECIAL EVENT PERMIT FOR GLORIA Gl SCHARLIN'S TWO FUNDRAISERS ASPEN CAMP AND SCHOOL FOR THF DEAF JULY 7, 2004 AND UNITED JEWISH APPEAL - JULY 12, 200~. WILLOUGHBY WAY SPECIAL EVENT PERMIT - MOTION TO APPROVE AS AMENDED - STAFF PLANNING TECHNICIAN: ROSEANNE SULLIVAN Roseanne Sullivan gave a presentation on this item as summarized in her memorandum to the Board contained in the BOCC packet for this meeting. She explained that staff would like to add an additional condition related to valet parking, which states "all parking at the events shall be (i) on site, (ii) on the property of homeowners in proximity to the event who have authorized the use of BOARD OF COUNTY COMMISSIONERS 10 REGULAR MEETING JUNE 23, 2004 their property for such purpose, or (iii) on one side of the street, on the shoulder of the road (on Willoughby Way and nearby streets). Applicant shall be required to obtain a Right of Way Work Permit from Pitkin County prior to the first event in order to utilize street parking. Ms. Sullivan said staff recommends that the special event permit be approved, for these two events, after which the tent will be taken down for the summer. Commissioner Haffield asked for an explanation of how the tents got put up without a permit. Gideon Kaufman, representing Gloria Scharlin, owner of the property where the events are going to be held, presented pictures of the tent, which is installed over an existing patio. He explained that two years ago Howard Scharlin passed away and the family wasn't aware of the rules and since then they have found out that they need to go through a special review. He also said that it costs $2500, which comes out of the non for profit expenses and it seems to him that there should be a simpler way of possibly going through an administrative review and not having to spend that kind of money. Commissioner Hatfield moved approval of the special event permit with the amendment suggested by staff. Commissioner Roy seconded the motion. Motion passed unanimously. WARREN 1041 HAZARD REVIEW AND RIDGELINE REVIEW- TAKINGS DETERMINATION - MOTION TO FIND A TAKINGS AND DIRECTION TO STAFF TO PREPARE A RESOLUTION REMEDIATING SUCH TAKINGS STAFF PLANNER: SUZANNE WOLFF Suzanne Wolff said she didn't have any further information to add to her memorandum on this matter, which is contained in the BOCC packet for this meeting. Commissioner Hatfield moved to find that a taking has occurred on the Warren property with direction to staff to prepare a resolution of remediation to be brought back to the Board. Commissioner Roy seconded the motion. Motion passed with four yea votes. Commissioner Ireland not present. SECOND READING - RESOLUTION APPROVING THE RIVER RIDGE IN WOODY CREEK (COLLINS) SUBDIVISION/PUD DETAILED SUBMISSION AND FINAL PLAT APPROVAL - MOTION TO APPROVE - STAFF PLANNER: LANCE CLARKE Herb Klein said they have an agreement with Tim Semaru, which does involve granting a 30 foot easement along the ditch, regardless of whether or not they BOARD OF COUNTY COMMISSIONERS '11 REGULAR MEETING JUNE 23, 2004 move it. He said they can implement the agreement if the Board would approve to two changes in their building envelopes. He and Mr. Collins proceeded to review a drawing reflecting the proposed changes. Lance Clarke recommended an amendment to Condition No. 6 C. regarding the question of floor area to eliminate the language "shelter of livestock". Additionally, he said Herb Klein suggested some additional language regarding the agricultural assessment and he would like the county attorney to have an opportunity to respond to this language. And finally, the applicant asked for a five year extension of vested rights and that issue has not been resolved. Commissioner Hatfleld asked Mr. Collins to explain what the benefit would be to the public to extend the vested rights. Mr. Collins responded that the rights are not going to be given up, so something will be built if the rights are threatened. Five years vesting would allow the development to take place at a slower pace. John Ely suggested that the application be approved subject to the AG language being approved by the County Attorney. Commissioner Clapper moved approval of the Resolution, as amended, with a five year vesting with the language associated with the agricultural operation contingent upon the county attorney's approval and amending Lot 2 to 1.5 acres for the building envelope and to remove the amount of the disturbance area from Lot 1. Commissioner Roy seconded the motion. Motion passed with four yea votes. Commissioner Ireland not present. ADJOURNMENT: Commissioner Hatfleld moved to adjourn the meeting at 5:10 PM. Commissioner Roy seconded the motion. Motion passed unanimously. BOARD OF COUNTY COMMISSIONERS 12 REGULAR MEETING JUNE 23, 2004 JE nette Jones ~/ Clerk to the Board of County Commissioners Dorothea Farris, Chairperson Board of County Commissioners g\bocc\minutes~2004\06232004 BOARD OF COUNTY COMMISSIONERS 13 REGULAR MEETING JUNE 23, 2004