HomeMy WebLinkAboutbocc.min.reg.120120049-10AM
PITKIN COUNTY COMMISSIONERS AGENDA
New Century Foundation Meeting
320 Main Street, Ste #200, Carbondale
CCI Annual Winter Conference, Colorado Springs Nov 29-Dec 1
REGULAR MEETING - Plaza One Conference Room
WEDNESDAY~ DECEMBER 1~ 2004
2:00 PM ADDITIONS/DELETIONS TO AGENDA
PUBLIC COMMENT, COMMISSIONER COMMENTS, PROCLAMATIONS
CONSENT ACTIONS
1. Minutes of Nov 9 and 11 Work Sessions, Nov. 16 Special Meeting, Nov. 17 Regular Meeting and
2. Abatements-William Mohrman, Gracie's Cabin, John and Frank Dolinsek, Snowmass Resort
Association, Carol Foote
CONSENT ACTIONS- 1st Readings~ Set for Public Hearing on December 15: 3. Intergovernmental Agreement with Basalt Fire Department, Tony Fusaro
4. Ordinance Accepting a Donation of Cozy Point South Trail Easement, Dale Will
CONSENT PUBLIC HEARING
5. Aspen Skiing Company New Liquor License for Ruthie's, Jennifer Doss
6. Water Intergovernmental Agreement with Multiple Counties, Cindy Houben
7. Ordinance Setting Airport Fees and Charges for 2005, Tom Oken, Jim Elwood
LAND USE CONSENT PUBLIC HEARINGS
1. Bennett Special Review to Amend Development Permit (PN 9/11/04) (cont'd from 10/13/04) (cont'd
to 1 / 12/05 at request of Applicant), S. Wolff
2.Collins/McCabe Ranch Request for Extension of Vested Rights (PN 10/30/04), S. Wolff
3. Grace Church Special Review, 1041 Hazard Review, CDU (PN 4/24/04) (cont'd from 11/3/04)
(cont'd to 1/12/05 at request of Applicant), E. Louthis
4. Public Works Rezoning, Subdivision Exemption, GMQS Exemption, Ordinance 1st Reading (cont'd
from 11/3/04) (cont'd to 1/12/05 at request of Applicant) (PN 4/24/04), L. Clarke
LAND USE CONSENT ACTIONS
5. Crystal River Park Drive Road Vacation Lot Line Adjustment, Minor Plat Amendment 2na Reading
(PN 11/20/04), E: Louthis
6. Ordinance Adopting an Amendment to the Pitkin County Land Use Code Section 3-310, Adding
Constrained Site Transferable Development Rights, Section 3-310-050, 1st Reading, set for Public
Hearing on 12/15/04, John Ely
7. Shifrin Minor Amendment to Development Permit (cont'd to 12/15/04 at request of Applicant), E.
Louthis
LAND USE ACTIONS
8. W/J Ranch Subdivision/PUD Detailed Submission/Final Plat, Special Review for Cellular Site, and
Rezoning, 2nd Reading (PN 10/16/04), L. Clarke
BOCC OPEN DISCUSSION
ADJOURN
APPROVED DECEMBER 15, 2004
MINUTES
PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS
REGULAR MEETING
DECEMBER 17 2004
NOTE: For all staff memorandums and associated documents, including
additional exhibits submitted, refer to the BOCC PACKET for December 1,
2004
CALL TO ORDER: Vice-Chairperson Roy called the regular meeting of the
Board of County Commissioners to order at 2:00 PM.
COMMISSION MEMBERS PRESENT: Commissioners Shellie Roy, Mick
Ireland, Patti Clapper, Jack Hatfield
COMMISSION MEMBERS ABSENT: Commissioner Farris due to attendance at
CCi Conference
ADDITIONS/DELETIONS TO AGENDA: None
PUBLIC COMMENT: None
PROCLAMATIONS: None
COMMISSIONER COMMENTS: Commission members gave comments on
local and state issues.
CONSENT ACTIONS:
APPROVAL OF MINUTES OF WORK SESSIONS OF NOVEMBER 9 AND 11~
SPECIAL MEETING OF NOVEMBER 16 AND REGULAR MEETING OF
NOVEMBER 177 2004- STAFF PERSON: JEANETTE JONES~ CLERK TO
THE BOARD OF COUNTY COMMISSIONERS
Commissioner Clapper moved approval of the minutes of previous
meetings. Commissioner Hatfield seconded the motion. Motion passed
unanimously.
BOARD OF COUNTY COMMISSIONERS t REGULAR MEETING DECEMBER 1, 2004
RESOLUTION APPROVING AN ABATEMENT PETITION FOR PROPERTY
TAX REFUND FOR WILLIAM MOHRMAN - MOTION TO APPROVE - STAFF
PERSON: CAROL FOOTE~ DEPUTY TREASURER
RESOLUTION APPROVING AN ABATEMENT PETITION FOR PROPERTY
TAX REFUND FOR PETER LIGHT FOR GRACIES CABIN LLC - MOTION TO
APPROVE - STAFF PERSON: CAROL FOOTE, DEPUTY TREASURER
RESOLUTION APPROVING AN ABATEMENT PETITION FOR PROPERTY
TAX REFUND FOR JOHN DOLINSEK AND FRANK DOLINSEK~ JR - MO I ION
PULLED FROM THE CONSENT AGENDA - STAFF PERSON: CAROL
FOOTE, DEPUTY TREASURER
RESOLUTION APPROVING AN ABATEMENT PETITION FOR PROPERTY
TAX REFUND FOR SNOWMASS RESORT ASSOCIATION - PULLED FROM
THE CONSENT AGENDA - STAFF PERSON: CAROL FOOTE~ DEPUTY
TREASURER
Commissioner Hatfield requested that the Snowmass petition be pulled from the
consent agenda for clarification.
Commissioner Hatfield moved approval of the remaining abatement
petitions on the consent agenda. Commissioner Clapper seconded the
motion. Motion passed with four yea votes. Commissioner Farris not
present.
RESOLUTION APPROVING AN ABATEMENT PETITION FOR PROPERTY
TAX REFUND SNOWMASS VILLAGE ASSOCIATION - MOTION APPROVE -
STAFF PERSON: CAROL FOOTE~ DEPUTY TREASURER
After a clarification on this petition from the assessors' office,
Commissioner Ireland moved approval of the Resolution. Commissioner
Clapper seconded the motion. Motion passed with four yea votes.
Commissioner Farris not present.
CONSENT ACTIONS - FIRST READINGS - SET FOR PUBLIC HEARING ON
DECEMBER 15~ 2004
FIRST READING - RESOLUTION AUTHORIZING THE BOARD TO ENTER
INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE BASALT AND
RURAL FIRE PROTECTION DISTRICT FOR THE PURPOSE OF
PERFORMING FIRE SPRINKLER PLAN REVIEWS - MOTION TO APPROVE
AND SET FOR SECOND READING AND PUBLIC HEARING ON DECEMBER
157 2004- STAFF PERSON: TONY FUSARO~ CHIEF BUILDING OFFICIAL
BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING DECEMBER 1,2004
FIRST READING - ORDINANCE ACCEPTING A DONATION OF COZY POINT
SOUTH TRAIL EASEMENT AND DESIGNATING THE SAME AS COUNTY
OPEN SPACE - MOTION TO APPROVE ON FIRST READING AND SET I-OR
SECOND READING AND PUBLIC HEARING ON DECEMBER 15~ 2004-
STAFF PERSON: DALE WILL~ OPEN SPACE AND TRAILS DIRECTOR
Commissioner Clapper moved approval of this portion of the agenda.
Commissioner Ireland seconded the motion. Motion passed unanimously.
CONSENT PUBLIC HEARINGS:
LIQUOR LICENSE APPLICATION FOR RUTHIES (ASPEN SKIING
COMPANY, LLC) - PULLED FROM THE CONSENT PUBLIC HEARINGS
PORTION OF THE AGENDA - STAFF PERSON: JENNIFER DOSS, DEPUTY
COUNTY CLERK
SECOND READING AND PUBLIC HEARING ON RESOLUTION
AUTHORIZING THE BOARD TO ENTER INTO AN INTERGOVERNMENTAL
AGREEMENT WITH EAGLE, GRAND AND SUMMIT COUNTIES FOR
MATTERS OF STATE INTEREST (WATER DEVELOPMENT ACTIVITIES) -
MOTION TO APPROVE - STAFF PERSON: CINDY HOUBEN, COMMUNITY
DEVELOPMENT DIRECTOR
SECOND READING - ORDINANCE SETTING AIRPORT FEES AND
CHARGES FOR 2005 - PULLED FROM THE CONSENT AGENDA - STAFF
PERSON: TOM OKEN~ CHIEF FINANCIAL OFFICER
Commissioner Ireland requested that Ruthie's liquor license application be pulled
from the consent agenda for discussion.
Commissioner Hatfield requested that the ordinance setting airport fees and
charges be pulled from the consent agenda for discussion.
Commissioner Hatfleld moved approval of the Intergovernmental
Agreement with Eagle, Grand and Summit Counties. Commissioner
Clapper seconded the motion.
Vice-Chairperson Roy opened the hearing to public comment. There being
no comment, she closed the public hearing and called the question.
Motion passed with four yea votes. Commissioner Farris not present.
LIQUOR LICENSE APPLICATION FOR RUTHIES (ASPEN SKIING
COMPANY, LLC) - MOTION TO CONTINUE TO DECEMBER 7~ 2004 - STAFF
PERSON: JENNIFER DOSS, DEPUTY COUNTY CLERK
BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING DECEMBER 1, 2004
Commissioner Ireland explained that the applicants had submitted their petition
with endorsements, but the signatures were not that of the immediate
neighborhood. Therefore, in order for the board to make a finding it must have
endorsement from the adjoining property owners.
It was agreed that this matter should be continued pending the applicant
submitting a revised petition from the adjacent property owners.
Commissioner Ireland moved to continue this application to December 7,
2004. Commissioner Clapper seconded the motion.
Vice-Chairperson Roy opened the hearing to public comment. There being
no comment, she closed the public hearing and called the question.
Motion passed unanimously.
SECOND READING - ORDINANCE SETTING AIRPORT FEES AND
CHARGES FOR 2005 - MOTION TO APPROVE - STAFF PERSON: TOM
OKEN7 CHIEF FINANCIAL OFFICER
After a short discussion with staff regarding some clarifications in the
language, Commissioner Hatfield moved approval of the Ordinance.
Commissioner Clapper seconded the motion.
Vice-Chairperson Roy opened the hearing to public comment. There being
no comment, she closed the public hearing and called the question.
Motion passed with four yea votes. Commissioner Farris not present.
LAND USE CONSENT PUBLIC HEARINGS:
Vice-Chairperson Roy opened the public hearings on the following matters:
BENNETT SPECIAL REVIEW TO AMEND A DEVELOPMENT PERMIT -
MOTION TO CONTINUE TO JANUARY 127 2005 AT THE REQUEST OF THE
APPLICANT - STAFF PLANNER: SUZANNE WOLFF
RESOLUTION APPROVING AN EXTENSION OF VESTED REAL PROPERTY
RIGHTS TO HARRY ANTHONY COLLINS~ TRUSTEE OF THE HARRY
ANTHONY COLLINS AND JUDITH ALLEN COLLINS REVOCABLE TRUST
FOR TRACT 8 OF J.H. MCCABE TRACTS AND THE FATHERING PARCEL
OF MCCABE RANCH LOW IMPACT SUBDIVISION - MOTION TO APPROVE
- STAFF PLANNER: SUZANNE WOLFF
GRACE CHURCH SPECIAL REVIEW7 1041 HAZARD REVIEW, CARETAKER
DWELLING UNIT - MOTION TO CONTINUE TO JANUARY 127 2005 - STAFF
PLANNER: EZRA LOUTHIS
BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING DECEMBER 1,2004
ORDINANCE REGARDING PUBLIC WORKS REZONING~ SUBDIVISION
EXEMPTION~ GMQS EXEMPTION - MOTION TO CONTINUE TO JANUARY
2004
Vice-Chairperson Roy opened the hearings to public comment. There being no
comment, she closed the public hearings and entertained a motion from the
board.
Commissioner Hatfield moved approval of the Land Use Consent Public
Hearings portion of the agenda. Commissioner Clapper seconded the
motion. Motion passed with four yea votes. Commissioner Farris not
present.
LAND USE CONSENT ACTIONS:
SECOND READING AND PUBLIC HEARING - ORDINANCE AUTHORIZING
THE VACATION AND RE-ESTABLISHMENT OF A PORTION OF CRYSTAL
PARK DRIVE - MOTION TO APPROVE - STAFF PLANNER: EZRA LOUTHIS
FIRST READING AND PUBLIC HEARING - ORDINANCE ADOPTING AN
AMENDMENT TO THE PITKIN COUNTY LAND USE CODE SECTION 3-3~10~
ADDING CONSTRAINED SITE TRANSFERABLE DEVELOPMENT RIGHTS~
SECTION 3-310-050 - PULLED FROM THE CONSENT AGENDA - STAFF
PERSON: JOHN ELY~ COUNTY ATTORNEY
SHIFRIN MINOR AMENDMENT TO A DEVELOPMENT PERMIT - MOTION TO
CONTINUE TO DECEMBER 157 2004 - STAFF PLANNER: EZRA LOUTHIS
Commissioner Roy requested that the Ordinance regarding constrained site
transferable development rights be pulled from this portion of the agenda.
Commissioner Ireland moved approval of the remaining items on the Land
Use Consent Actions Agenda. Commissioner Hatfield seconded the
motion. Motion passed with four yea votes. Commissioner Farris not
present.
FIRST READING AND PUBLIC HEARING - ORDINANCE ADOPTING AN
AMENDMENT TO THE PITKIN COUNTY LAND USE CODE SECTION 3-3107
ADDING CONSTRAINED SITE TRANSFERABLE DEVELOPMENT RIGHTS~
SECTION 3-310-050 - MOTION TO APPROVE - STAFF PERSON: JOHN
ELY~ COUNTY ATTORNEY
Commissioner Roy said her concern, with this amendment, as written, is that the
original purpose of the constrained lots was to give the BOCC an option outside
of the takings process. She said her particular concern is with respect to Item 3-
BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING DECEMBER 1, 2004
310-053.4 which states "Constrained site Transferable Development Rights are
not available for property zoned rural/remote.
John Ely, County Attorney commented that this paragraph was added after a
comment was received from the Planning and Zoning Commission. He said the
concern was that we had a zone district, where TDR's are allowed without any
limitation, until recently when we amended the code to restrict some parcels
within the rural and remote zoning to not be afforded TDR's, based on their size;
lots that could not accommodate development because of their size and the
siting restrictions for waste disposal, water resource development, and so forth.
Therefore, the thought was to not allow this to subvert the code change that the
Board implemented about a month ago.
Commissioner Roy referred to 3-310-053.3 - Conservation Easements. She
said her concern is if the parcels are already severely restricted or
undevelopable, the conservation easements are already providing a tax savings.
She questioned why we would be adding a double incentive with a TDR coming
off an already conserved parcel.
John Ely commented that this paragraph was also added after comments
received by the Planning and Zoning Commission. He said it was thought that
this would allow for greater latitude, on the part of the County and the property
owner, to work together to allow for realization of some gain to the property
owner that does not involve development on site. If the severance of TDR's
could be coupled with a conservation easement, in this instance only, as
opposed to our regular TDR program then this would be an additional
mechanism to facilitate someone requesting that constrained lot TDR.
Commissioner Roy said she thinks what would happen is that we would basically
be flooding the market with things that are undevelopable.
John Ely said that any TDR's that are severed, on a constrained lot, would have
to proceed to the BOCC. And the BOCC can judge for itself, at the time of the
request, as to whether or not it's an advisable procedure.
Commissioner Ireland offered clarifications with respect to these two parts of the
legislation.
Commissioner Roy said she is very concerned as the language is structured and
would urge the Board to look at zoning that reflects these truly undevelopable
pieces rather than what she is seeing as an incentive system and another
loophole in the way this is constructed.
Commissioner Ireland moved approval of first reading of the Ordinance, as
written, and set for second reading on December 15, 2004. Commissioner
BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING DECEMBER l, 2004
Clapper seconded the motion. Motion passed with three yea votes and one
nay vote by Commissioner Roy. Commissioner Farris was not present.
SECOND READING - RESOLUTION APPROVING THE W/J RANCH
SUBDIVISION/PUD DETAILED SUBMISSION~ FINAL PLAT~ SPECIAL
REVIEW FOR CELLULAR SITE - MOTION TO APPROVE - STAFF
PLANNER: LANCE CLARKE~ ASSISTANT PLANNING DIRECTOR
SECOND READING - ORDINANCE REZONING A PORTION OF THE WIJ
RANCH FROM RS-20 PUD TO AH-31PUD AND A PORTION FROM AH TO
RES-20/PUD - MOTION TO APPROVE - STAFF PLANNER: LANCE
CLARKE~ ASSISTANT PLANNING DIRECTOR
Commissioner Haffield said he would like to clarify the last sentence in Condition
No. 14, which states "sampling indicates that the standards for ground water
have been exceeded, then the systems must be redesigned and will be required
to meet standards at that time". He questioned if that would be the responsibility
of the new metro district.
Lance Clarke suggested clarifying language, which states
"Any required redesign or upgrade is the responsibility of the metropolitan
district".
Mr. Clarke referred to Condition No. 4 F. He suggested an amendment to the
language, which allows for a revocable right-of-way permit rather than a vacation
of the right-of-way. He said the revision would state," The applicant shall obtain
a revocable right-of-way permit for the use of this area for the leach field lots."
Mr. DiFrancia, representing the applicant, said this amendment would be
acceptable to the applicant.
Commissioner Ireland moved approval of the amendment to Condition No.
4 F. Commissioner Clapper seconded the motion. Commissioner Farris
was not present.
Mr. Clarke proceeded to review the other proposed changes to the resolution as
contained in his memorandum included in the BOCC packet for this meeting.
Commissioner Clapper moved approval of the Resolution as amended.
Commissioner Clapper seconded the motion. Motion passed with four yea
votes. Commissioner Farris was not present.
Commissioner Clapper moved approval of second reading of the
Ordinance. Commissioner Ireland seconded the motion. Motion passed
with four yea votes. Commissioner Farris was not present.
BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING DECEMBER 1, 2004
~/~ectfully s u/~ed,
J~i~nette Jones //
C~rk to the Board~of County Commissioners
Board of County Commissioners
g\bocc\minutes\2004\12 ~-~2004
BOARD OF COUNTY COMMISSIONERS 8 REGULAR MEETING DECEMBER 1, 2004