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HomeMy WebLinkAboutbocc.min.reg.08252004PITKIN COUNTY COMMISSIONERS REGULAR MEETING AGENDA Plaza One Conference Room Please Note 3:00 pm Start Time WEDNESDAY~ AUGUST 25~ 2004 3:00 PM ADDITIONS/DELETIONS TO AGENDA PROCLAMATIONS, PUBLIC COMMENT, COMMISSIONER COMMENTS Wilderness Workshop Proclamation CONSENT ACTIONS 1. Minutes of 7/27, 8/3, 8/4 Work Sessions, 8/11 Regular Meeting, 8/17 Special Meeting CONSENT PUBLIC HEARING - 2"d Readings 2. Resolution Setting Pitkin County Library Ballot Question, Kathy Chandler 3. Resolution Setting Ballot Question Dedicating Existing County Sales Taxes to the Roaring Fork Transportation Authority, Dan Blankenship ADMINISTRATIVE PUBLIC HEARING Convene as Board of Health 4. Black Diamond Holdings Cease and Desist Order, Carla Block Adjourn as Board of Health ADMINISTRATIVE PUBLIC HEARINGS - 2~a Readings 5. Resolution Setting Basalt Library Ballot Question 6. Resolution Setting Aspen Historical Society Ballot Question (no packet material) LAND USE PUBLIC HEARINGS 1. Diamond J Special Review (PN 7/24/04), E. Louthis 2. Crystal Island Ranch Subdivision/PUD Detailed Submission & Rezoning, 1 st Reading (PN 7/24/04) (PN 8/14/04), S. Wolff 3. Code Amendment - AH Mitigation, 2"d Reading (pN 10 day 8/14/04), S. Wolff Note: There was an executive session held during the Black Diamond Holdings Cease and Desist Order and at the end of the meeting BOCC OPEN DISCUSSION ADJOURN APPROVED SEPTEMBER 8, 2004 MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR MEETING AUGUST 25~ 2004 NOTE: For all staff memorandums and associated documents, including additional exhibits submitted, refer to the BOCC PACKET for August 25, 2004 CALL TO ORDER: Chairperson Farris called the regular meeting of the Board of County Commissioners to order at 3:00 PM COMMISSION MEMBERS PRESENT: Commissioners Dorothea Farris, Patti Clapper, Mick Ireland, Jack Hatfield and Shellie Roy PROCLAMATIONS - PITKIN COUNTY CARES AWARDS: Commemorating the 40th Anniversary of the Wilderness Workshop COMMISSIONER COMMENTS: None ADDITIONS/DELETIONS TO AGENDA: Hilary Smith, County Manager advised the Board that staff is requesting that the Diamond J Special Review application be continued to September 8, 2004. Additionally staff would like to add an executive session at the conclusion of the meeting. PUBLIC COMMENT: George Newman appeared before the Board to advise commission members that the residents of Emma are actively pursuing forming a caucus for Emma area. Lada Vraney appeared before the Board to speak to his concerns regarding various issues. A copy of his comments in writing is attached to the end of the BOCC packet for this meeting, under additional exhibits. CONSENT ACTIONS: APPROVAL OF MINUTES OF JULY 27~ AUGUST 37 AUGUST 4~ 2004 WORK SESSIONS~ AUGUST 11~ 2004 REGULAR MEETING AND AUGUST 177 2004 BOARD OF COUNTY COMMISSIONERS t REGULAR MEETING AUGUST 25, 2004 SPECIAL MEETING - MOTION TO APPROVE - STAFF PERSON: JEANETTE JONES~ CLERK TO THE BOARD OF COUNTY COMMISSIONERS Commissioner Hatfield moved approval of the Consent Actions Agenda. Commissioner Clapper seconded the motion. Motion passed unanimously. CONSENT PUBLIC HEARINGS - SECOND READINGS: SECOND READING - RESOLUTION SUBMITTING TO THE ELECTORATE AT AN ELECTION TO BE HELD ON NOVEMBER 27 20047 A FINANCIAL QUESTION ARISING UNDER SECTION 20 OF ARTICLE X OF THE STATF CONSTITUTION TO INCREASE PROPERTY TAXES FOR THE PITKIN COUNTY LIBRARY - MOTION TO APPROVE - STAFF PERSON: KATHY CHANDLER~ PITKIN COUNTY LIBRARIAN Kathy Chandler, Librarian requested an amendment to the Resolution, which reduces the mill levy from 0.24 to 0.23 not to exceed a dollar level of $385,000. Commissioner Clapper moved approval of second reading of the Resolution as amended. Commissioner Hatfield seconded the motion. Motion passed unanimously. SECOND READING - RESOLUTION SUBMITTING TO THE ELECTORATE AT AN ELECTION TO BE HELD ON NOVEMBER 27 20047 A FINANCIAL QUESTION ARISING UNDER SECTION 20 OF ARTICLE X OF THE STATF CONSTITUTION TO APPROVE A MULTIPLE FISCAL YEAR FINANCIAl OBLIGATION TO CONTRIBUTE TO THE ROARING FORK TRANSPORTATION AUTHORITY (RFTA) AN ADDITIONAL AMOUNT EQUAl TO THE PROCEEDS OF A TAX RATE OF 0.166% FROM PITKIN COUNTY'S EXISTING 0.5%TTRANSPORTATION SALESTAXES-MOTION TO APPROVE - DAN BLANKENSHIP~ROARING FORK TRANSIT AGENCY DIRECTOR After a discussion, regarding some clarifications from Mr. Blankenship with respect to the change from first reading changing the language in the title from 1.5% to 0.5% Commissioner Clapper moved approval of second reading of the Resolution with a comment that she thinks the upper valley (Aspen and Snowmass Village) should be voting individually. Commissioner Hatfield seconded the motion. Motion passed unanimously. BOARD OF COUNTY COMMISSIONERS SITTING AS THE PITKIN COUNTY BOARD OF HEALTH Commissioner Clapper moved to convene as the Board of Health. Commissioner Hatfield seconded the motion. Motion passed unanimously. BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING AUGUST 25, 2004 BLACK DIAMOND HOLDING CEASE AND DESIST ORDER - MOTION TO UPHOLD STAFF'S RECOMMENDATION TO LEVY FINES - STAFF PERSON: CARLA BLOCK~ ENVIRONMENTAL HEALTH OFFICER Chis Seldon, Assistant County Attorney, stated that this is a proceeding, under the Colorado Administrative Procedures Act. Carla Block is requesting that penalties be levied pursuant to the Individual Sewage Disposal System Act. And an administrative proceeding, under the Administrative Procedures Act, means that every party has an opportunity to present their case to the Board, provide it with evidence, people can request that witnesses be sworn in, parties will have the right to cross examine witnesses, and the burden of proof is on the Environmental Health Department. Carla Block Environmental Health Officer gave a presentation on this matter as summarized in her memorandum contained in the BOCC packet for this meeting. She submitted for the record the following documents: · Letter dated October 1,2003 from Carla Block, Environmental Health Department, to Rick Magill, Planning and Landscape Architecture Letter dated December 8, 2003 from Richard J. Magill, Magill and Associates for Black Diamond Development Corporation to Carla Block, Environmental Health Department · Letter dated December 10, 2003, from Carla Block, Environmental Health Department, to Rick Magill, Planning and Landscape Architecture · Letter dated June 28, 2004 from Carla Block, Environmental Health Department, to Jonathan Thomas, Black Diamond Holdings · Letter dated August 5, 2004 from Carla Block, Environmental Health Department, to Jonathan Thomas, Black Diamond Holdings Gregory Gordon, Attorney, with Garfield and Hecht, representing Black Diamond Holdings, said they are aware of the cease and desist order and they have been aggressively trying to get the tenant, Peter Luhn, out of the cabin. In addition, at this point, they have a trial date for September 17th, which is the earliest date that could get for a forcible entry and detainer action. He explained that until they can get the court order and until they go through the fordable entry and detainer process, they have simply been unable to get Mr. Luhn to vacate the cabin so they have been unable to comply with the order. He proceeded to give the judicial history of the cease and desist order, which was issued on June 28th. Commissioner Ireland asked Mr. Gordon why Black Diamond has not accomplished the improvements to fix the problem. BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING AUGUST 25, 2004 Mr. Gordon replied that they don't have the legal right to take possession of this cabin to they can comply with the cease and desist order, because it says nobody can be living there. He said the upper cabin is ready for occupancy and they have offered to relocate Mr. Luhn to the upper cabin so they could come into compliance with the cease and desist order. Commissioner Ireland asked Mr. Gordon what relief he is asking from the Board today. Mr. Gordon replied that they are asking that the penalties that are envisioned under the statute, in light of these circumstances, be waived. Commissioner Ireland asked Mr. Gordon what obstacle is there or has there been, since the submitted correspondence from Black Diamond, affecting the repairs on its property. Mr. Gordon replied that they have a lease and he has been told that the repairs require possession of the cabin. Commissioner Ireland asked Mr. Gordon if he had read the lease. Mr. Gordon replied that he had read the lease. Commissioner Ireland asked Mr. Gordon if the lease contains a provision, to his knowledge, that prohibits him from effecting compliance with the regulations as promised in the December 8, 2003 letter. Mr. Gordon said he didn't know that he would have to review the lease again. Commissioner Ireland advised Mr. Gordon that he is putting the Board in a difficult situation because he does not have any evidence that he can bring before it that demonstrates that it is impossible for him to effectively make the repairs, which they represented to the health department would be made. Chairperson Farris requested an executive session at this time to consult with the county attorney. Commissioner Clapper moved to go into executive session under C.R.S. 24-6-424 (b), at 3:50 PM. Commissioner Roy seconded the motion. Motion passed unanimously. Commissioner Hatfield moved to reconvene as the Board of Health at 4:55 PM. Commissioner Clapper seconded the motion. Motion passed unanimously. BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING AUGUST 25, 2004 John Case, representing Mr. Luhn, said his client has owned the land since 1963 and sold it to the developers in 2002, with the understanding that he could retain a life tenancy. He said the lease has a clause that it is the landlord's discretion in where to house him, but says it must be in a structure reasonably acceptable to Mr. Luhn. He said he moved to what is called the historic cabin last May at the landlord's request, from the cabin that he had lived in for the previous 30 years. In addition, after he moved there they wanted him to move to another cabin. He said they had a permit issued last October 15th for a new septic system for the historic cabin and a one month installation deadline was agreed upon, at the time of issuance, and they didn't do it, but rather, they took out the septic system where he is and left him with no plumbing. Then they said, "We want you to move to the upper cabin". He said after voluminous correspondence with the attorney's at the time, he said that is fine if they get a certificate of occupancy or some equivalent for the upper cabin and we will move up there. However, they never did it so he is where is saying that he is not going to move up there until you make that okay with the county. Commissioner Ireland moved to deny the request for the waiver of fees because the record before us indicates that Black Diamond had ample opportunity to remedy the matter in any one of several ways and we have no evidence that Black Diamond was prohibited to do so. Commissioner Hatfield seconded the motion with a comment that he believes this issue of non-compliance is with Black Diamond not the tenant. Motion passed unanimously. It was the consensus of commission members that fines shall be levied from July 28, 2004 at $50 per day until compliance with the environmental health code and other pertinent county codes. PUBLIC HEARINGS OPENED: Chairperson Farris opened the public hearings portion of the agenda. SECOND READING - RESOLUTION REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF PITKIN AND EAGLE COUNTIES~ COLORADO~ TO CALL AN ELECTION ON NOVEMBER 27 2004 TO AUTHORIZE A MILL LEVY INCREASE FOR BASALT REGIONAL LIBRARY DISTRICT; REQUESTING THE BOARD OF COUNTY COMMISSIONERS TO SET THE BALLOT TITLE AND BALLOT QUESTION FOR THE ELECTION; PROVIDING FOR OTHER MATTERS RELATING THERETO; RATIFYING ACTION PREVIOUSLY TAKEN THERETO; AND PROVIDING THF EFFECTIVE DATE OF THIS RESOLUTION - MOTION TO APPROVF Commissioner Hatfield moved approval of second reading of the Resolution. Commissioner Clapper seconded the motion. BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING AUGUST 25, 2004 Chairperson Farris opened the hearing to public comment. There being no comment, she called the question. Motion passed with four yea votes and one abstention by Commissioner Roy with a comment that she has not seen the proposal. PROPERTY TAX BALLOT QUESTION FOR ASPEN HISTORICAL SOCIETY -- PRESENTER: GEORGIA HANSEN - QUESTION WITHDRAWN BY THF ASPEN HISTORICAL SOCIETY DIAMOND J RANCH SPECIAL REVIEW- MOTION TO CONTINUE TO SEPTEMBER 87 2004- STAFF PLANNER: EZRA LOUTHIS Commissioner Clapper moved to continue this item to September 8, 2004. Commissioner Hatfield seconded the motion. Chairperson Farris opened the hearing to public comment. There being no comment she called the question. Motion passed unanimously. FIRST READING - RESOLUTION APPROVING THE CRYSTAL ISLAND RANCH SUBDIVISION/PUD DETAILED SUBMISSION/FINAL PLAT - MOTION TO APPROVE FIRST READING OF THE RESOLUTION AS AMENDED - STAFF PLANNER: SUZANNE WOLFF Dale Will, Open Space and Trails Director, commented that he has been talking with the applicants about this piece of property for some time. He said the proposed conservation area that is included in this application, is something that has an extremely high conservation area and, as per the DOW and the county wildlife management, contains important wildlife habitat and he thinks Richard has really tried to accommodate their views into the way the project is designed. He said the Open Space and Trails Board have asked him to help figure out someway that that 640-acre conservation area can be permanently protected. Suzanne Wolff gave a presentation on this item, including reviewing the issues associated with the application that need to be addressed at second reading as summarized in her memorandum to the Board contained in the BOCC packet for this meeting. Doug Pratt, representing the applicant, said that Richard is not a developer, but he is interested in maintaining some of the residential value that the property has well as maintaining the open space values which it has for wildlife, and that is why they came up with a clustered subdivision approach both on the east and west parcel. He proceeded with an overview of the project and the key components of their application as follows: · The Crystal Island Ranch PUD is seeking a 20 year vesting for the 1,620 acre ranch BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING AUGUST 25, 2004 The owners intend to conserve 346 acres and down zone an additional 640 acres of agricultural and wildlife habitat at the ranch to rural/remote, which will secure nearly 1,000 acres of buildable area and approximately 550 acres of additional open space. The use of clustered lots that the conservation has been committed to, and the down zoning to rural/remote, will reduce the overall value of the ranch. They would commit to restrict the TDR's either to use only on the ranch as original floor area or to increase the size of some of the floor areas on some of the building sites that will allow it. Pitkin County Open Space and Trails and the owners of the ranch are exploring additional compensation for the approximate $4,000,000 in value for reduction of the development potential to 18 1,000 square foot cabins. The applicants would be willing to talk to them about utilizing some of the benefits they could get by transferring TDR's from East parcel to help compensate for the loss in value on the west parcel. They have a well permit on the East parcel that is allowed to be shared for the three residences with the ability to pull a second permit based on 35- acre lots. They have approval of the water augmentation plan for the 19 units on the west parcel. They are requesting three dwelling units because these are second homes and there will be the need for some caretaker units. They are requesting three rental units on site to let people live and work in the same place to eliminate commuting from other communities. They are requesting a 20-year vesting for the purposes of including Lots 2E and 6 W, and 7W without having to come up with employee housing mitigation and all the other exactions for things that have already been approved and extended until the year 2007. Come up with a code amendment that might eliminate them having to pay a cash in lieu payment for parks and open space because of the acres of open space that have been talked about. They are willing to work with staff to set floor area limitations for the agricultural buildings. They would like to retain the RS-30 lot on the south end of the east parcel in RS-30 rather than rural/remote for future tax credit purposes. BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING AUGUST 25, 2004 Commissioner Clapper asked if there was going to be public access to the conservation easement. She said in her mind, there is a difference between the conservation easement and the dedication issues. She suggested to the applicants that if they intend to come back with a code amendment that is something they should keep in mind. With respect to employee housing, she would like the applicant to continue to work with the county attorney on the employee on-site rental housing. With respect to the water issue, she said she would like to acknowledge a letter from Linda and Roger Maynard. A copy of this letter is attached to the end of this packet, under additional exhibits. A discussion ensued between Commissioner Hatfield and Mr. Pratt with respect to open space funding issues. Mr. Pratt said they would be meeting with the Open Space and Trails Board in the near future to come up with a plan for the open space funding issues. He stated that should they come up with a number that they need funding for this project, and if they do get seven TDR's, on the east parcel, they would be able to attribute that funding to the reduction in value that they are talking to Open Space and Trails about. In addition, they are making a commitment that that can be part of the funding package for conservation on the overall ranch. Commissioner Hatfield asked if the PM-10 plan, road plan, etc. would be addressed. Mr. Pratt said they are willing to move through with staff on all of the issues that have been outlined in the packet. Chairperson Farris opened the hearing to public comment. Peter Martin said he has never to seen an applicant work so hard to accommodate to the concerns that have been raised by the P&Z, BOCC and other groups. He thinks this is a model project in that Richard has offered good tradeoffs. Additionally, he thinks the Board, in its discretion, could allow the seven TDR's over there in the interest of this overall project. Chuck Downey, stated that the Crystal River Valley Caucus endorsed the project and one thing that was key to the caucus' approval was the preservation of the 640 acres of land. He said the applicant has made many changes specifically, which came as a recommendation of the caucus meetings, which one was the elimination of one or two of the lots in the areas of Lots No. 14, 15 and 16 because they were visible from the Prince Creek area as well as possibly visible from Highway 133. He said, as a resident of the valley, he supports the project because of the protection of the land, wildlife, etc. He urged the Board to pass the application on first reading. BOARD OF COUNTY COMMISSIONERS 8 REGULAR MEETING AUGUST 25, 2004 Lee Beavers, representing the Prince Creek Homeowners' Association said they are concerned about the water as stated in the Maynard's letter. Additionally, he said they are concerned about the roads. He explained that the road presently, and historically, has not been plowed beyond the end of asphalt, and does narrow quite a bit. He said there are many vehicles parked there during the winter from recreationists and he thinks that in order to accommodate the vehicles that the road should be widened to alleviate those cars parking adjacent to the Prince Creek Subdivision. Ron Sorter commented that he thinks this is a good development. He said that the thinks the Board should be careful about allowing the transfer of TDR's off the conservation easement. He further said that the more things that we can come up with to entice a person to come up with a development that ends up like this, which he thinks is a good one, he would support. Shannon Meyer, representing the Aspen Valley Land Trust, said they are silent on the validity of transferring TDR's off the conserved property. She said from their prospective, further sterilizing that property, by taking TDR's off it would just increase the projection of the conservation values on that property. Mr. Sanderson said Mr. Jellinek has been forthright, honest and easy to work with as far as they are concerned with all issues and hope to continue to work with him on utility easements, etc., and to find out what we can do as far as road plowing and things of that nature. There being no further public comment, Chairperson Farris brought the matter back to the Board for discussion. Commissioner Ireland said he would like to applaud the applicant working with the caucus. However, he does not think the proposal is on affordable housing is a workable proposal. First, he proposes EDU's, which are challengeable in court and he is not going to subject future boards to having an applicant come back and renegotiate the agreement because of its legality. He clarified that he does not think Richard would do that to us, but he does not control his successors. He further said that he does support creating affordable rental units in a remote area. If people need caretaker units he is willing to approve caretaker units, but he does not want to build a complex out here on the property that could be challenged in court. He said the solution for affordable housing mitigation is to create the impact fee and avoid all the calculations based on certain factors. With respect to the tax benefit (someone saying I did not get enough benefit can I do it again) he said he has a problem with that and he has to weigh this against the overall benefits of the project, which are numerous with the exception of the housing. BOARD OF COUNTY COMMISSIONERS 9 REGULAR MEETING AUGUST 25, 2004 With respect to the issue of a park dedication fee, he said he agrees with staff because open space conservation easements are not publicly accessible. · With respect to the 20-year vesting rights, he is not in favor of it because it just creates problems for future boards. · With respect to the agricultural buildings, he said he is not concerned about them because he thinks people will build what they need to build. · There is a way to approve this project, but we need to think through some of these things and not ask us for a first reading approval. · There is not a PM-10 plan We still need to talk to the attorney about EDU's, the vesting question resolved and the legal question about whether 2E, and 6W and 7W are vested because they may statutorily vested by virtually the applicant's work on the properties. He said that where he is on this project and he would rather continue first reading until these issues are resolved. Chairperson Farris said she agrees that it is a good project, but she also agrees that these issues need to be resolved. Commissioner Hatfield said staff and the applicant needs to be complimented for their work on the project. He said this application conceptually is a very good application with the clustering, the protection of wildlife habitat, conservation values, etc. yet the application does have some challenges. He said he thinks the Board can come to conclusions with the exception of open space and trails. He proceeded to go through his comments on the outstanding issues as follows: · He would agree to the 20 year vesting (consistent with state law) as long as the tradeoff issue gets resolved · To work with Open Space and Trails Board to try to come up with some agreement for funds for the TDR's on the conservation (east) parcel. With respect to employee housing, he has a problem with the rental issue because of the Telluride decision, which would put the county into a real bind as to enforcing the amount of rent one could get. Additionally, he does not know how housing could be built in Carbondale because rural area is not contiguous for urban development. Therefore, he would like to see cash in lieu payment. · Concerning existing development rights and requiring the applicant to mitigate employee housing within the current standards (at the time of BOARD OF COUNTY COMMISSIONERS '10 REGULAR MEETING AUGUST 25, 2004 pulling permits) he would be willing (with the discretion of legal advise) to negotiate that and lower the bar again. With respect to the agricultural buildings, he thinks there needs to be a square footage cap because he thinks if unlimited square footage is built, there could be a possibility of someone in the future applying for a commercial operation. · With respect to the parks and recreational fee, if the Board has discretion, he would be willing to waive that fee. He summarized that he has the desire to make this project work because he thinks this is a positive application for the applicant, Pitkin County and the Crystal River Valley. Commissioner Roy commented on her position on the issues as follows: · She agrees with Jack on the park dedication fee. · She would agree to consider the conservation easement as a land dedication if possible. She would support on-site housing because she thinks it is best to create affordable housing near the source of the employment. Additionally, because the project is only about three miles from Carbondale and they do have a three-mile influence in which they do look at housing. If the applicant could find a solution to the problem with the Telluride case, she would like to give them the opportunity to do so. She disagrees with utilizing open space funds to buy out the TDR's because there were not enough funds available to purchase the Shadow Mountain property. She would rather pursue other opportunities with respect to the TDR's to avoid possible cash outage from open space funds. Commissioner Roy moved approval of first reading and provide the applicant the opportunity to come back at second reading in meeting the county attorney's scrutiny on language associated with housing, she would like to accept the TDR's from the conservation easement, and the applicants would have to meet all the other requirements that staff has stated in their memorandum. Commissioner Clapper commented that she thinks the TDR issues should be a broader discussion with the Open Space and Trails Board because of the possibility of a precedent setting nature. BOARD OF COUNTY COMMISSIONERS 11 REGULAR MEETING AUGUST 25, 2004 Commissioner Roy withdrew this portion of her motion. A discussion ensued with respect to the total use of TDR's Mr. Jellinek said the seven TDR's, from the east parcel, would stay on the ranch. The 18 TDR's on the west parcel would have an option to either be sold or stay on the ranch. He said he does not want to be stuck with TDR's that cannot be used anywhere. Commissioner Clapper second the motion as amended withdrawing the TDR issue. Mr. Jellinek said one problem with the housing cash in lieu, which they actually considered, is that it makes those parcels economically unfeasible because the cash in lieu is $230,000, under the existing code. And those clustered lots are being valued at about one half million dollars. He said by the time you put a TDR for $180,000 and $230,000 for employee housing, they are useless. So therefore, that approach does not make sense for a PUD down in Carbondale and that has been their issue all along. Commissioner Roy explained that the third option would be to buy down a unit in Carbondale to meet that condition. She told Mr. Jellinek that the motion is that they can come back, at second reading, and have the answer, whatever that answer would be. Also, the TDR versus open space would also be resolved at second reading. Commissioner Clapper said the other issue, which needs to be resolved, is the park and recreational fee and the road and parking issues on Prince Creek Road, the PM-10 issue. Commissioner Farris listed her comments as follows: She supports, if needed, employee housing on site (for ranch operation), but not for all the housing needs. She thinks a buy down in Carbondale might be appropriate. · She supports a 20-year vesting. · She supports the use of the TDR's on site. · In general, she supports the comments that were made by the members that went through all the caucus discussion. Commissioner Hatfield requested that the motion be stated to speak to how much housing would be for the ranch and on the other side, what is the greater mitigation for the county. BOARD OF COUNTY COMMISSIONERS 12 REGULAR MEETING AUGUST 25, 2004 A discussion ensued with respect to the employee housing issue. Mr. Pratt said they had a variety of mitigation options and on-site housing was a primary one that they wanted to explore, and housing in the Carbondale area was not an option because at the time, it said in Pitkin County. If they can work out an option in Carbondale that is something, they would pursue. Therefore, there are some other options out there, which are not resolved yet. Chris Seldin, County Attorney, asked if the motion approves taking TDR's off the land encumbered in the conservation easement. Chairman Farris clarified that the motion was to continue the discussion with the Open Space and Trails Board. Chairperson Farris called the question. Motion passed with four yea votes and one nay vote by Commissioner Ireland. FIRST READING - ORDINANCE REZONING A PORTION OF HE CRYSTAL ISLAND RANCH FROM RS-30/PUD TO RURAL/REMOTE (R&R) - MOTION TO CONTINUE TO SEPTEMBER 8, 2004 Commissioner Roy moved approval of the Ordinance, on first reading, conditional upon the issues in the Resolution being resolved. Commissioner Clapper seconded the motion. Motion passed with four yea votes and one nay vote by Commissioner Ireland. SECOND READING - ORDINANCE AMENDING TITLE 8 OF THE PITKIN COUNTY CODE - THE LAND USE CODE~ SUB-SECTION 3-130-020T AFFORDABLE HOUSING DEVELOPMENT EXACTION - STAFF PLANNER: SUZANNE WOLFF Glenn Horn commented that the Ordinance talks about coming up with something that satisfies the county attorney and it doesn't seem like it creates a lot of options unless something changes in the future. He explained that he is working on a land use application, which was approved a long time ago, a requirement that there be a ranch manager on the property. And he thinks there is a potential solution that could be codified that doesn't just leave this wide open to satisfy the county attorney. He said that would be, when you have a land use application where there is a requirement, for the benefit of wildlife that there be a ranch manager, that the housing requirement be satisfied by having a mandatory occupancy restriction for the ranch manager and income limitations, which in this case is category one, and let the rent restriction go because, in this case, they give the unit to the ranch manager, it has to be occupied. He said if this issue cannot be resolved at this juncture, he would ask that the ordinance be continued for two weeks pending further discussion. BOARD OF COUNTY COMMISSIONERS 13 REGULAR MEETING AUGUST 25, 2004 /¢ Commissioner Roy moved to continue the Ordinance for two weeks pending further discussion. Commissioner Haffield seconded the motion. Motion passed unanimously. Chairperson Farris closed the public hearings on this agenda. Commissioner Roy moved to go into executive session at 6:40 PM. Commissioner Hatfield seconded the motion. Motion passed unanimously. BOARD OF COUNTY COMMISSIONERS 14 REGULAR MEET'lNG AUGUST 25, 2004 J~ CI ectfully su/~tted, lette Jones f. ~rk to the Board of County Commissioners Dorothea Farri~ Chairp~r§on Board of County Commissioners g\bocc\minutes\2004\08252004 BOARD OF COUNTY COMMISSIONERS 15 REGULAR MEETING AUGUST 25, 2004