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Home My WebLink Aboutbocc.min.spec.03282000 PITKIN COUNTY COMMISSIONERS WORK SESSION AGENDA Location: PLAZA 1 BOARD ROOM TUESDAY, MARCH 28, 2000 (Leslie Lamont Not Present) 10:00 AM EXECUTIVE SESSION Litigation,John Ely ADJOURN EXECUTIVE SESSION 12:00 LUNCH BREAK 1:00 PM CITIZEN BOARD INTERVIEWS 1:00 Letitia Bartlett—Weed Board 1:15 Suzy Brady—Housing Authority Board 1:30 Paul Rudnick—Housing Authority Board EXECUTIVE SESSION—Personnel ADJOURN EXECUTIVE SESSION 2:00 COUNTY MANAGER'S REPORT Legislative Update, Hilary Smith Memos of Interest 2:15 BOCC OPEN DISCUSSION Future Agendas/Agenda Requests 2:30 Lottery Policies, Jodi Smith, Lynn Dunlop 3:15 Human Service Agency Update Pitkin Division Garfield Youth Services Y 3:45 SPECIAL MEETING 1. Ritchie Abatement Hearing 4:00 j/2. 2ND Reading,Amending Rural and Remote Footprint Limitations, J Ely 3. Roaring Fork Club Abatement Hearing 5:00 PM ADJOURN SPECIAL MEETING APPROVED JULY 12, 2000 MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS SPECIAL MEETING MARCH 28. 2000 CALL TO ORDER: Chairperson Shellie Roy Harper called the special meeting to order at 4:00 PM. COMMISSION MEMBERS PRESENT: Commissioners Shellie Roy Harper, Mick Ireland, Dorothea Farris and Patti Clapper COMMISSION MEMBERS ABSENT: Commissioner Leslie Lamont RESOLUTION APPROVING THE PROPERTY TAX ABATEMENT PETITION FROM ROBERT DOUGLAS RITCHIE —WITHDRAWN BY PETITIONER Robert Douglas Ritchie - petitioner RESOLUTION APPROVING THE PROPERTY TAX ABATEMENT PETITION FROM THE ROARING FORK CLUB—MOTION TO CONTINUE TO MAY 09 2000—Roaring Fork Club—petitioner; Jeffrey Monroe of Tax Profile Services in Denver and Tom McElhenney—petitioner's representatives SEE ATTACHED ABATEMENT HEARING MINUTES FOR ABOVE RESOLUTION PETITION SECOND READING AND PUBLIC HEARING ON ORDINANCE ADOPTING AMENDMENTS TO THE PIT IN COUNTY LAND USE CODE: SECTION 3-40- 115 RURAL/REMOTE ZONE DISTRICT—MOTION TO APPROVE AT SECOND READING—Deborah Quinn—Assistant County Attorney John Ely, County Attorney, proceeded with Ms. Quinn's presentation as outlined in her memorandum. Said memorandum is attached hereto and made a part of this record as EXHIBIT "A". Chairperson Harper opened the hearing to public comment. There being none, she closed the public hearing and brought the matter back to the Board. BOARD OF COUNTY COMMISSIONERS 1 SPECIAL MEETING MARCH 28,2000 Commissioner Farris moved to approve the ordinance adopting amendments to the Pitkin County Land Use Code: Section 3-40-115,Rural/Remote Zone District on second reading. Commissioner Ireland seconded the motion. Motion passed four to none. (Commissioner Lamont absent from meeting) ADJOURNMENT: The meeting was adjourned at 5:55 PM. BOARD OF COUNTY COMMISSIONERS 2 SPECIAL MEETING MARCH 28,2000 Respectfully submitted, ,Lynde . Dean Clerk to the Board of County Commissioners Shellie Roy Harper Chairperson of the Board of County Commissioners ww/g/minutes/2000/03282000 BOARD OF COUNTY COMMISSIONERS 3 SPECIAL MEETING MARCH 28,2000 APPROVAL DATE MAY 24,2000 MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS SPECIAL MEETING ABATEMENT HEARING MARCH 28, 2000 Call to order at: 4:00 p.m. Commissioners present: Commissioners not present: X Shellie Roy Harper _Shellie Roy Harper X Dorothea Farris _Dorothea Farris X Mick Ireland _Mick Ireland _Leslie Lamont XLeslie Lamont X Patti Clapper Patti Clapper Petitioner: Robert Douglas Ritchie Also Present: Larry Fite, County Assessor's Office Resolution: FIRST AND FINAL READING ON RESOLUTION DENYING PETITION FOR ABATEMENT FOR PROPERTY TAX REFUND FOR ROBERT DOUGLAS RITCHIE Motion: NO MOTION—PETITION WITHDRAWN BY PETITIONER, ROBERT DOUGLAS RITCHIE Who moved: N/A 2nd N/A FOR: AGAINST: _ Shellie Roy Harper _Shellie Roy Harper _Dorothea Farris _Dorothea Farris _Mick Ireland _Mick Ireland _Leslie Lamont _Leslie Lamont _Patti Clapper _Patti Clapper Adjournment: This item was completed within a special meeting at 4:07 PM. BOARD OF COUNTY COMMISSIONERS 1 SPECIAL MEETING MARCH 28,2000 yndee Dean, Clerk to th Board of County Commissioners 6 -P Shellie Roy Harp , Chairperson of the Board of County Commissioners BOARD OF COUNTY COMMISSIONERS 2 SPECIAL MEETING MARCH 28,2000 APPROVAL DATE MAY 24,2000 MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS SPECIAL MEETING ABATEMENT HEARING MARCH 28, 2000 Call to order at: 4:00 PM Commissioners present: Commissioners not present: X Shellie Roy Harper !Shellie Roy Harper X Dorothea Farris _Dorothea Farris X Mick Ireland _Mick Ireland _Leslie Lamont X Leslie Lamont X Patti Clapper Patti Clapper Petitioner: Roaring Fork Club, represented by Jeffrey M. Monroe of Tax Profile Services and Tom McElhenny Present at Meeting: Petitioner's representatives and Larry Fite of the County Assessor's office Resolution: FIRST AND FINAL READING ON RESOLUTION DENYING PETITION FOR ABATEMENT FOR PROPERTY TAX REFUND FOR ROARING FORK CLUB Motion: MOTION TO CONTINUE TO MAY 09, 2000, along with direction from Commissioner Ireland for both the petitioner's representatives and Larry Fite of the County Assessor's office to submit a two page summary of their facts to the Board based upon today's presentations. (No need for petitioners to appear at May 09,2000, meeting) Who moved: Commissioner Dorothea Farris 2nd Commissioner Patti Clapper FOR: AGAINST: X Shellie Roy Harper !Shellie Roy Harper X Dorothea Farris Dorothea Farris X Mick Ireland !_Mick Ireland Leslie Lamont _Leslie Lamont X Patti Clapper Patti Clapper BOARD OF COUNTY COMMISSIONERS 1 SPECIAL MEETING MARCH 28,2000 Adjournment: This item was completed within a Special Meeting at 5:45 P.M. f � Ly ee R ean, Clerk to the bard of County Commissioners Shellie Roy Harp , Chairperson of the Board of County Commissioners BOARD OF COUNTY COMMISSIONERS 2 SPECIAL MEETING MARCH 28,2000 Exhibit MEMOR, DUM a 41N n 3_Zg-Zcoo TO: Board of County Commissioners Regular Meeting—March 29. 2000 FROM: John Ely, County Attorney RE: Second Reading Ordinance Amending Section 3-40-115, Rural and Remote Zone Distnct OVERVIEW OF PROPOSED CODE AMENDMENT: In connection with the Castle Creek Investor's("CCI'J application for a 2,000 square foot house on the Enough Claim in the Little Annie/Richmond Hill Rural and Remote area, the Board directed Staff to draft amendments that would allow the footprint in the Rural and Remote zone to be as large as 2,500 square feet. The allowance of a 2,500 square foot footprint recognizes the possibility that through the use of transferable development rights(TDRs)a structure might be as large as 2,500 square feet: The size of the footprint,though enlarged to 2,500 square feet through these proposed Code amendments,would still be subject to special review approval. PROCEDURE:This is a public hearing in which the Ordinance and proposed Code amendment is being considered on second reading for final adoption. The P&Z has considered the proposed amendment and recommended its approval. ACTION REQUESTED: It is requested that the Board of County Commissioners adopt a motion: Approving the Ordinance on second reading adopting amendments to Pitkin County Land Use Code section 3-40-115. Tsz Airsm Tims Box E Aspen, Colorado PROOF OF PUBLICATION STATE OF COLORADO ) ) ss. Copy of Notice PUBLIC NOTICE NOTICE OF PUBLIC HEARING County of Pitkin PLEASETAKE NOTICE That the Board of County Commissioners of Plikin County, Colorado will conduct a public hearing of an Ordinance at 3:0q p.m.on the 28th I, Mitch Bettis, do solemnlyswear that I the day of March 2000, at the Plikin County am Commissioners Meeting Room, 530 East Main Publisher of THE ASPEN TibIES: that the same is a weekly Street, Aspen, Colorado 81611, at which time and place all members of the public may appear newspaper printed, in, whole or in part, and published in and he heard: UNTY the County of Pitkin, State of Colorado, and has a general COMMISSIONERANCES OF�PIT N COUNTY E BOARD OF O COL- circulation therein; that said newspaper has been ORAD THE PITKINOCOUNTY LAND USE ADOPTING DCODE:SECTMENTS TIION 3 published continuously and uninterrup tediy in said 40-115,RURAL/REMOTE ZONE DISTRICT Count of Pitkin fora period of more than fifty-two (1." The Beard it County Commissioners y , p y- ("BOCC") has directed the preparation of consecutive weeks next prior to the first publication of the amendments to the Rural/Remote Zone District (section 340-115)section of the Pitkin County annexed legal notice or advertisement;that said newspaper Land Use Code(the"Code"). has been admitted to the United States mails as second t The amendments are in intended to allow for the possibility of a building envelope up to two- class matter under the provisions of the Act of March 3, thousand five-hundred (2,500) square feet in size where the use of transferable development 1379, or any amendments thereof, and that said newspaper rights ("TDRS") is permitted through special is a a weekly newspaper duly qualified for publishing legal 3.`The BOCC finds that the proposed amend- notices and advertisements with the meaning of the laws of ments to the Code will substantially advance the public health,safety and welfare of the citizens the State of Colorado. of Pitkin County and be consistent with the Intent of the Rural/Remote Zone District. 4.The Planning and Zoning Commission("P&Z") That the annexed legal notice or advertisement was pub- reviewed the Code amendments at a regularly scheduled public meeting on March 14,2000 and fished in the regular and entire issue of every number of made a recommendation to the BOCC. 5.The BOCC considered the amendments at first said weekly newspaper for the period of_�_consecu- reading at a duly noticed public meeting on tive insertions; and that the first publication of said notice March 6,2000 and finally approved the amend- w in the issue of said newspaper dated noticed publish reading Marcht a noticed public hearing on March 28,2000. Now, THEREFORE, BE IT ORDAINED by the A.D., 20 b_ and that the last pub- Plikin County Commissioners that it hereby lication of said notice was in the issue of said newspaper amends the Pit County Land Use Code as contained in Atttas mends A (amendments to dated A.D., 2 _151p !. §340-115,Rural and Remote Zone District). ATTACHMEM'"A" REPEAL AND REENACT§340-1 15 AS FOLLOWS: 340-115 RR Rural/Remote A. Intent: The intent the Rural/Remote Zone ^ District is to conserve and protect the natural environment and its resources;to preserve the unique low scale,low density backcountry char- acter and lifestyle;to minimize environmental degradation;to retain undeveloped areas,and Subscribed and sworn to before me, a notar re allow for limited recreational uses and limited }� residential development while still preserving public in and for the Co ty of Pitkin, State of Colorado, the character of nual/remote lands and to allow for the transfer of development rights to areas on this_,��_day of tUls A A.D.,20 FV)_• that are more appropriate for development. Areas within the Rural/Remote Zone District exhibit some or all of the following characteris- tics: L Location more than one-half mile from winter Notary Public maintained public roadways. 2.Absence of traditional utility service districts, M commission expires �� `�' such as electric,gas and phone. y p 3.Limited availability or absence of rapid,tradi- tional Pitkin County emergency services, 4. Little or no development exists in the sur- rounding area. S.Presence of natural hazard areas or resource areas such as steep slopes,avalanche,high wild- fire areas or important wildlife habitats. 6.Location within subalpine or alpine ecosys- tems, and/or location at or above nine [hou- /) 7.Location adjacent elevation. 7.Location adjacent to Forest Service Bureau of Land Management owned properties, J ` 8.Unique backcountry character,including his- / toric resources and isolated lifestyles. B.Allowed Uses:The following uses are permit- red as of right in the Rural/Remote Zone District. 1.Single-family dwelling units,which may take the form of alternative/ nontraditional struc- tures such as domes,vurts,teeoees and elevat- melts. 2.Shared water systems. 3.Solar energy collectors for on-site residential purposes. 4.Wind powered apparatus for on-site resideo- fiat purposes. 5. Above ground generators which meet the decibel requirements of the Environmental Health Department. 6.Gardens outside of the activity envelope up to two thousand five hundred(2,500)square feet in size, 7.Agricultural operations and practices which were In existence prior to January 2.19% 8. Fences which meet Colorado Division of permitted by special review pursuant to me pro- Wildlife standards and are located outside of visions of Subsection 3.40-115C, the Following critical wildlife habitat as defined by the Lakin dimensional requirements shall apply to all County Land Use Code.- allowed and special review uses in the 9.Repair of existing fences,regardless of loca- Rural/Remote Zone District: [ion within wildlife habitat. f.Minimum tat area:thirty-live(35)acres. 10.Termination of noxious weeds(as defined by 2. Minimum lot area principal use: thirty-five the PIUdn County Land Management (35)acres. Department)within and outside of the activity 3.Maximum size of activity envelope per princi- envelope. Ind use:0.5 acres. 11. Home occupations, except home occupa- 4. Minimum front yard setback:determined by tions that employ non-residents. special review. C.Special Review Uses: 5. Minimum side yard setback:determined by 1. Automobile parking areas which centralize special review. resident parking adjacent to existing roadways 6. Minimum rear yard setback determined by in order to allow alternative access to real- special review. dences beyond that point (i.e, siding, hiking, 7.Minimum Jot width:four hundred feet(400'). snowmobiling,hiking). R. Maximum height per principal structure:no 2.Driveways. higher than twenty feet(20')to the tap of ridge 3.Helicopter access for construction use only. or tattle top of the parapet surface of a flat root. 4.Extractive operations. 4. Maximum lootprint per principal structure: 5. Transfer of development rights to obtain not to exceed five hundred (500) square feet growth management exemptions or aggregate without special review approval. In measuring square footage of floor area within the footprint,all dimensions shall be taken from the Rural/Remote zone. outside face of framing or other primary wall 6.Commercial recreational-uses to be allowed members. only through special review and,where appro- l0.Decks,porches,etc.:not to exceed a maxi- priate, in conjunction with and coordination mum of five hundred(500)square feet,as mea- with the Forest Service permitting process, sured from the outside face of the material. 7. Fences which meet Colorado Division of Structures including, but not limited to,decks, Wildlife standards and are located in critical porches, stabs, patios, and terraces, shall be wildlife habitat and/or migration corridors as included in this calculation, and these strut- defined by the Code. lures shall be contiguous to the building foot- 8.individual water supply. print. 9.Individual sewage disposal system. ex Maximum allowed square footage: to 10.Hydra plant to service a single residence. exceed one thousand(1,OOD)square fee[,except 11.Expansion of footprint beyond live hundred as may be allowed through special review and (500)square feet to a maximum of two thousand the use of TDRs.Below grade space and garage five hundred(2,500)square feet. or carport space are Included in the calculation 12.Legally created structures,existing prior to of maximum allowed square footage. Up to six January 2, 1996, may be retained when a new hundred(600)square feet of a legally created structure is proposed, subject to compliance structure existing prior to January 2, 1996, with one of the following criteria: which is retained pursuant to special review, a.The structure contains an existing dwelling shall be excluded from the maximum allowed unit,and either the new or the existing unit is square footage;square footage in excess of six deed restricted to be occupied by residents,as hundred(600)square feet shall be included in determined by the Affordable Housing the maximum allowed square footage. The Guidelines.However,year-round occupancy of entire square footage of an historic structure the unit shall not be required.The deed-restrict- shall be excluded from the maximum allowed ed unit shall be exempt from GMQS competition square footage. and scoring,but shall be deducted from the non- 12. Platforms/ freehouses: not to exceed two metro area residential quota. hundred fifty(250)square feet,which is includ- b. The structure is retained as an accessory ed in the one thousand(1,000)square foot max- structure and accommodates accessory uses imuxn allowed square footage. only,subject to the definition of"Accessory Use 13. Outhouse, storage and mechanical enclo- or Accessory Structure"in Article 8 of the land sores shall not exceed a total of one hundred sixty(160)square feet,which is excluded from Use Code. the one thousand(1,000)square foot maximum allowed square footage. 13. Extension of utilities such as electricity (Ord.99-18 Ali.B) water,sewer,telephone and cable.Such exten- Published in the Weekend Edition of The Aspen sions must comply with special review criteria Times on March 18,2000.(61377) in Subsections 3-210-010 and 3-200-095 of the Land Use Code. `- ----�- 14.improvements to existing roadways includ- ing, but not limited to, widening, grading and drainage improvements. 15. Legally created structures predating the enactment of the Rural/Remote Zone District where approval is received to sever a TDR from the property, subject to the Transferable Development Rights provision in Section 3-3 10. 16.Uses permitted by the Forest Services and also approved through County special review. D.Prohibited Uses:The following uses/activities are prohibited in the Rural/Remote Zone District 1,Winter maintenance of roadways and drive, ways,except for access to residential develop- ment sites approved prior to January 2, 1996, which have been historically and continually served by privately winter maintained drive- ways or roadways, 2. New accessory structures other than those allowed by special review. 3.New roadways. 4.Uses not listed as allowed or special review uses. 5.Disturbance of all living native vegetation out- side of the activity envelope,including grasses, forbs.-shrubs and trees,except as required for wildfire mitigation.One standing dead tree per five(5)acres shall remain undisturbed, if pre- /) sent,for bird of prey perching and nesting and v for songbird perching and feeding.This provi- sion shall not prohibit the general gathering of firewood from deadfall,nor does it prohibit the grazing of animals which have historically grazed the parcel prior to January 2,1996. i I( 6.Caretaker and employee dwelling units put- slant to Suhseetfon 3-150.120 and 3-150.130. �1 Tsz Asrzx Tima .� Box E Aspen, Colorado PROOF OF PUBLICATION STATE OF COLORADO) ) ss. Copy of Notice County of Pitkin ) ?#0=15 =ra,aeore of Couoty Caemissioners.at a regular meeting on,lituch&2W and after a dtdy-eMked pub I, Mitch Bettis, do solemnly swear that I am the tkh N the Neehend EdWoo of 11*Publisher of THE ASPEN TINES: that the same is a weeklyWowing �►tarrhias000aeapteaene fogow�ngOrdinance rw3.2oop newspaper printed, in, whole or in part, and published in coM ORDOUNCE r�OF THE BOv cot�irrrcro co the County of Pitkin, State of Colorado, and has a general ofuno ADOM we Agra To THE circulation therein; that said a news er has been PMONcourrrr LAND usE CODE:SEMon3. newspaper 40-115,RURALA104M ZONE ffftacT published continuously and uninterruptedly in said Coptes of the fug text of the ordinance 0013- 2W are aragabb for publk inspection hom County of Pitkin, for a period of more than fifty-two 8:30 to 4:au m the Office of the Clem and consecutive weeks next prior to the first publication of the 81611Rec hone:y 70a2"s"i Aspect,Colorado annexed legal notice or advertisement; that said newspaper Jeanette Jones has been admitted to the United States mails as second Published in Th nape¢Tim e deputy County clerk es on nprN a 2000. class matter under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said newspaper is a a weekly newspaper duly qualified for publishing legal notices and advertisements with the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was pub- lished in the regular and entire issue of every number of said weekly newspaper for the period of- N consecu- tive insertions;and that the first publication of said notice w s in the issue of said newspaper dated n\ �r A.D., 20 do and that the last pub- lics ofl n f said notice was in the issue of said newspaper dated R & A.D., L lvV` Subscribed and sworn to before me, a notary public in and for the CouRty of Pitkin, State of Colorado, on this_�_day of A.D., 20 ffin Notary Public y My commission expires ) '�