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HomeMy WebLinkAbout20051026minutes APPROVED OCTOBER 26, 2005 MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR MEETING OCTOBER 12~ 2005 NOTE: For all staff memorandums and associated documents, including additional exhibits submitted to the record, refer to the BOCC PACKET FOR OCTOBER 12, 2005 ADDITIONS/DELETIONS TO AGENDA: Hilary Smith, County Manager, noted that the Western Adventures application is to be continued to October 26th and the Smuggler Result application to January 11, 2006. Chairperson Clapper moved these items to the Land Use Consent Public Hearings portion of the agenda. CALL TO ORDER: Chairperson Clapper called the regular meeting of the Board of County Commissioners to order at 2:00 PM COMMISSION MEMBERS PRESENT: Commissioners Dorothea Farris, Mick Ireland, Jack Hatfield, Michael Owsley and Patti Clapper COMMISSION MEMBERS ABSENT: PUBLIC COMMENT: Sydney Smock appeared before the board to express concerns with respect to Verizon Cell Service and Iow line towers. COMMISSIONER COMMENTS: Commissioners gave comments on current local and state issues and sports events. CONSENT ACTIONS: MINUTES OF REGULAR MEETING OF SEPTEMBER 28, AND WORK SESSIONS OF APRIL 12~ MAY 10~ MAY 17, JUNE 14~ JUNE 21~ JULY 12, AUGUST 2~ AUGUST 9~ SEPTEMBER 6~ SEPTEMBER 13~ SEPTEMBER 20~ AND SEPTEMBER 27~ 2005 - MOTION TO APPROVE - STAFF PERSON: JEANETTE JONES~ CLERK TO THE BOARD OF COUNTY COMMISSIONERS RESOLUTION APPROVING AN ABATEMENT PETITION FOR REFUND OF PROPERTY TAXES FOR SCOTT SLOGAN - MOTION TO APPROVE - STAFF PERSON: CAROL FOOTE, DEPUTY COUNTY TREASURER BOARD OF COUNTY COMMISSIONERS 1 REGULAR MEETING OCTOBER '12, 2005 CONSENT ACTIONS - FIRST READINGS - SET FOR PUBLIC HEARINGS ON OCTOBER 26~ 2005 RESOLUTION OPPOSING H.R. 3824~ THE THREATENED AND ENDANGERED SPECIES RECOVERY ACT OF 2005 - MOTION TO APPROVE - STAFF PERSON: DEBBIE QUINN~ ASSISTANT COUNTY MANAGER. RESOLUTION APPOINTING MEMBERS TO CITIZEN BOARDS - MOTION TO APPROVE - STAFF PERSON: KAREN SAHR~ ADMINISTRATIVF SECRETARY RESOLUTION SUPPORTING THE FORMATION OF AN ASPEN HISTORIC PARK AND RECREATION DISTRICT - MOTION TO APPROVE - STAFF PERSON: NAN SUNDEEN~ COMMUNITY RELATIONS DIRECTOR Commissioner Farris moved approval of the items on this portion of the agenda. Commissioner Haffield seconded the motion. Motion passed unanimously. RESOLUTION APPOINTING JANICE VOS CAUDILL AS PITKIN COUNTY CLERK AND RECORDER - MOTION TO APPROVE - STAFF PERSON: DEBBIE QUINN, ASSISTANT COUNTY MANAGER Commissioner Hatfield moved approval of the Resolution. Commissioner Farris seconded the motion. Motion passed unanimously. CONSENT PUBLIC HEARINGS - FIRST READINGS SET FOR SECOND READINGS ON OCTOBER 267 2005: FIRST READING - ORDINANCE AUTHORIZING THE QUITCLAIM OF AN EASEMENT ALONG THE UPPER SECTION OF RED MOUNTAIN ROAD - MOTION TO APPROVE ON FIRST READING AND SET FOR SECOND READING AND PUBLIC HEARING ON OCTOBER 261 2006 - STAFF PERSON: BUD EYLAR, COUNTY ENGINEER FIRST READING - RESOLUTION APPROVING AN INTERGOVERNMENTA! AGREEMENT WITH THE CARBONDALE RURAL AND FIRE PROTECTION DISTRICT - MOTION TO APPROVE ON FIRST READING AND SET FOR SECOND READING AND PUBLIC HEARING ON OCTOBER 26~ 2005 - STAFF PERSON: DEBBIE QUINN, ASSISTANT COUNTY MANAGER FIRST READING - RESOLUTION APPROVING AGREEMENT WITH CITY OF ASPEN CONCERNING THE ANIMAL SHELTER - MOTION TO APPROVE ON BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING OCTOBER 12, 2005 FIRST READING AND SET FOR SECOND READING AND PUBLIC HEARING ON OCTOBER 26~ 2005 Commissioner Farris moved approval of the items on this portion of the agenda. Commissioner Hatfield seconded the motion. Motion passed unanimously. FIRST READING - ORDINANCE APPROVING AN AMENDMENT TO THE STANDARD OF CONDUCT - MOTION TO APPROVE ON FIRST READING AND SET FOR SECOND READING AND PUBLIC HEARING ON OCTOBER 26~ 2005 Commissioner Hatfield stated that he will be voting nay on this ordinance. He said he thinks a standard of conduct is appropriate, as far as the ethics of how the board interacts and conducts the business of government, however, he is not in agreement with this amendment to the standard of conduct because what it says is that we cannot engage in communications with interested parties. He said he has never talked to an applicant who is in the system in the process. So he agrees with that part of it, but when it says interested parties it also will prohibit him from talking to the public on an issue. He said he thinks we've gone too far here and he is going to respectfully vote against this amendment to the code. He said he thinks it eliminates interaction with the general public. Commissioner Farris moved approval of first reading of the Ordinance and set for second reading and public hearing on October 26, 2005. Commissioner Ireland seconded the motion. Motion passed with four yea votes with one nay vote by Commissioner Haffield. CONSENT PUBLIC HEARINGS - SECOND READINGS: SECOND READING - ORDINANCE AUTHORIZING THE BOARD TO ENTER INTO A LEASE AGREEMENT WITH THE UNITED STATES FOREST SERVICE FOR THE THOMASVILLE COMMUNICATION SITE - MOTION TO APPROVE - STAFF PERSON: RENEE HASSLE~ PUBLIC WORKS SECOND READING - RESOLUTION AUTHORIZING EXECUTION OF UTILITY COST REIMBURSEMENT AGREEMENTS WITH THE TRANSPORTATION SECURITY ADMINISTRATION - MOTION TO APPROVE - STAFF PERSON: DAVE ULANE, ASSISTANT AIRPORT DIRECTOR LAND USE CONTINUATIONS: SMUGGLER RESULT 1041 HAZARD REVIEW, CONCEPTUAL SUBMISSION, SPECIAL REVIEW, SCENIC REVIEW GM EXEMPTION AND MODIFICATION OF COUNTY ROAD CLASSIFICATION - MOTION TO CONTINUE TO JANUARY 11, 2005 - STAFF PLANNER: SUZANNE WOLFF BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING OCTOBER 12, 2005 RESOLUTION GRANTING APPROVAL FOR THE VAGNEUR WESTERN ADVENTURES SPECIAL REVIEW FOR SNOWMOBILE OPERATIONS - MOTION TO CONTINUE TO OCTOBER 26~ 2005 - STAFF PLANNER: LANCE CLARKE~ ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR Commissioner Hatfield moved approval of second readings of the items on this portion of the agenda and to continue the two land use items as requested by staff. Commissioner Ireland seconded the motion. Chairperson Clapper opened the hearing to public comment. There being no comment, she closed the public hearings and called the question. Motion passed unanimously. SECOND READING - ORDINANCE ADOPTING THE STATE HIGHWAY 82 ACCESS CONTROL PLAN - MOTION TO APPROVE - STAFF PERSON: BUD EYLAR~ COUNTY ENGINEER Commissioner Ireland moved to continue this matter to November 16, 2005 pending the final plan being finalized. Commissioner Farris seconded the motion. Chairperson Clapper opened the hearing to public comment. There being no comment she closed the public comment portion of the hearing and called the question. Motion passed unanimously. LAND USE CONSENT ACTIONS: SECOND READING - RESOLUTION GRANTING APPROVAL TO AMEND THE COMPASS MASTER PLAN AND SUBDIVISION EXEMPTION FOR A MINOR PLAT AMENDMENT AND LOT LINE ADJUSTMENT BETWEEN COMPASS AND APOGEE ASSOCIATES INC. - MOTION TO APPROVE - STAFF PLANNER: SUZANNE WOLFF SECOND READING ORDINANCE AUTHORIZING VACATION OF A PORTION OF BEAR CREEK LANE IN THE CRYSTAL RIVER PARK SUBDIVISION - MOTION TO APPROVE - STAFF PLANNER: SUZANNE WOLFF Applicants: Compass and Apogee Associated Inc. Applicant's Representative: Jim Curtis · Applicant's Request: To exchange certain parcels of land in order to clean up property lines to follow historic fence lines and to retain the BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING OCTOBER 12, 2005 currently irrigated pasture entirely within the compass property. The following approvals are required: · Subdivision Exemption for a Major Plat Amendment and Lot Line Adjustment to amend property lines to accommodate the following: o The conveyance of 7.7 acres from COMPASS to Apogee Lot 3 (Tract 7 on the Lot Line Adjustment Plat); o The conveyance of 3.189 acres from Apogee-Lot 3 and 0.235 acres from Apogee-Lot 4 to COMPASS (Tract 5 and Tract 6 respectively) Rezoning of the parcels to be transferred to COMPASS from RS-20 to PUB, and the parcel to be transferred to Lot 3 from PUB to RS-20 Minor Amendment CONTINUED FIRST READING - RESOLUTION GRANTING APPROVAL OF THE GAYLORD 1041 HAZARD REVlEW~ CONCEPTUAL SUBMISSION AND SUBDIVISION EXEMPTION FOR A MINOR PLAT AMENDMENT - MOTION TO APPROVE - STAFF PLANNER: SUZANNE WOLFF SECOND READING - ORDINANCE GRANTING A SUBDIVISION EXEMPTION FOR A LOT LINE ADJUSTMENT BETWEEN THE CIRCLE R RANCH AND THE FLYING DOG RANCH AND ACCEPTING THE DEDICATION OF A 60 FOOT ROAD RIGHT-OF-WAY ALONG WOODY CREEK ROAD - MOTION TO APPROVE-STAFF PLANNER: SUZANNE WOLFF Applicant: Phillip and Carolyn Gaylord Applicant's Representative: Sherry Rubin Applicant's Request: Approval to merge three lots (Lots 41, 42 and 43) and to designate a building envelope for a single family residence. The applicant also proposes to vacate the portion of Bear creek Lane that is adjacent to Lots 41-43, as the road ends at the property and does not serve any other lots. SECOND READING-ORDINANCEAUTHORIZINGTHECONGER SUBDIVISION EXEMPTION FOR A MAJOR PLAT AMENDMENT AND VACATION OF A 30-FOOT PORTION OF AN ACCESS EASEMENT IN THE CLASEN-PECJAK SUBDIVISION - MOTION TO APPROVE - STAFF PLANNER: Applicant: Steven Conger Applicant's Request: Subdivision Exemption for a Major Plat Amendment and a Street Vacation to vacate the majority of a 30-foot access easement that crosses a portion of the property. BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING OCTOBER 12, 2005 Commissioner Hatfield moved approval of the items on this portion of the agenda pulling the Morrow/Wingo Junction matter for discussion purposes. Commissioner Farris seconded the motion. Chairperson Clapper opened the hearings to public .comment. There being no comment, she closed the public hearings and called the question. Motion passed unanimously. SECOND READING - RESOLUTION APPROVING THE MORROW/WINGO JUNCTION RANCH SUBDIVISION/PUD DETAILED SUBMISSION AND FINAL PLAT - MOTION TO APPROVE - STAFF PLANNER: SUZANNE WOLFF Applicant: Robert T. Morrow Applicant's Representative: Mitch Haas Applicant's Request: To subdivide the property into five lots, two common parcels, 1 tract: five free market single family residential lots; one common parcel to contain employee housing, agricultural buildings and common uses, and another common parcel for recreational use; and a tract to be dedicated to Pitkin County Open space for a limited use trailhead. Commissioner Hatfield suggested language, which says if needed, the applicant would have to come up with an access plan from CDOT. Suzanne Wolff explained that Condition 3(g) requires this prior to recordation of plat. Commissioner Hatfield moved approval of the Resolution as written. Commissioner Farris seconded the motion. Chairperson Clapper opened the hearing to public comment. There being no comment, she closed the public hearing and called the question. Motion passed unanimously. SECOND READING - RESOLUTION GRANTING THREE CONSTRAINED SITE TDR'S FOR THE MORROW SOUTH PARCEL TO ROBERT T. MORROW FOR USE ON THE MORROWANINGO JUNCTION RANCH SUBDiVISION/PUD - MOTION TO APPROVE - STAFF PLANNER: SUZANNE WOLFF Commissioner Hatfield moved approval of the Resolution as written. Commissioner Farris seconded the motion. Chairperson Clapper opened the hearing to public comment. There being no comment, she closed the public hearing and called the question. Motion passed unanimously. LAND USE PUBLIC HEARINGS: BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING OCTOBER 12, 2005 FIRST READING - ORDINANCE REZONING A PORTION OF THE HARVEY RANCH FROM TS-30/PUD TO RURAL REMOTE - MOTION TO APPROVE ON FIRST READING AND SET FOR SECOND READING ON DECEMBER 7, 2005 - STAFF PLANNER: SUZANNE WOLFF FIRST READING - RESOLUTION GRANTING APPROVAL OF THE HARVEY RANCH SPECIAL REVlEW~ 1041 HAZARD REVlEW~ CONCEPTUAL SUBMISSION AND GMQS EXEMPTION - MOTION TO APPROVE FIRST READING AND SET FOR SECOND READING ON DECEMBER 7~ 2005 - STAFF PLANNER: SUZANNE WOLFF Applicant: Connie Harvey Applicant's Representative: Doug Pratt Applicant's Request: To establish eight residential building envelopes on separate 35+ acre parcels, which does not legally constitute a subdivision within the purview of the County's subdivision review authority. Two of the proposed envelopes contain existing residences, and one of those envelopes contains the "ranch headquarters." A ninth activity envelope is proposed on a separate 35+ acre pamel to accommodate a potential future youth or family camp. The development is proposed in the eastern portion of the property, with the remainder of the property proposed to be rezoned to Rural/Remote in order to obtain TDR's. The following approvals are requested and required: · Rezoning of 1,397 acres of the ranch to Rural/Remote; · 1041 Hazard Review and Conceptual Submission to establish building envelopes; · GMQS Exemption and Special Review to establish Parcels 1-8 as TDR receiver sites, each of which will accommodate up to 5,000 square feet of floor area; · GMQS Exemption to replace the existing single family residences with new residences of up to 5,000 square feet of floor area Suzanne Wolff submitted correspondence in the record from the following residents. Copies of these letters are attached to the end of the BOCC packet for this meeting, under additional exhibits; Letters from Timothy McFlynn, Thea Harvey, Mariah Harvey, John McBride, John D. Belkin, The Gorsuch Family, Dottle Fox, Karen Ryman, Mary Johnston, James and Hensley Peterson, Michael Kinsley, Tim Snowden, Bill Gruenberg, Ginny Yang, Jeanette Jones, Floyd (last name unknown, Jack and Belinda Frishman, and Jessie M. Morss Additionally Ms. Wolff submitted two letters from Connie Harvey, one outlining her family's goals and a second letter requesting a variance from the County BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING OCTOBER '12, 2005 road standards for their main access road and two letters from Doug Pratt providing additional information to their application. Copies of all these documents are attached to the end of the packet for this meeting, under additional exhibits. Ms. Wolff proceeded with her presentation on this application, including an overview of the issues, as summarized in her memorandum contained in the BOCC packet for this meeting. Doug Pratt, representing the applicant, gave an overview of their proposal as described in their application contained in the BOCC packet for this meeting. A discussion ensued with respect to the issues as follows: Access: Commissioner Farris commented that she does not want to lose track of the fact that what we are talking about here is an estate plan for an 1800 acre ranch (not a 60-home proposal) where the road has become a major issue. She said on the other hand, when we are talking about preservation of land, we often talk about the fact that the roads have impacts that we don't want e.g. wide roads, roads going everywhere. So here we have a plan that meets the code for five homes, with this width road that has been providing access to the ranch land for 40 some years, where a fire truck can really pull off, in most places, onto a field. She questioned (since the road is sufficient for five homes) if there wasn't some way to place a condition on the approval that says when the sixth home is built, a plan has to be in place that indicates how that land is to be protected. Commissioner Ireland commented that he thinks what the Board needs is a fire mitigation plan. He suggested that the applicant should work with staff to come up with a plan, which is approved by the safety experts, prior to second reading on this application. Commissioner Owsley said he feels rushed because he really would need a recommendation from the specialists on the road standards that can be met and what is adequate. He does not see how the board can work out, in a public meeting, the technical issues that are related to fire and safety. He noted that there is a recommendation from the P&Z essentially based on access coming from Shield O, which we not longer have, so the P&Z recommendation no longer holds, as far as he can tell. So there is a couple of technical issues that need to be worked out and he is not confident to work out those technical issues. He suggested that the applicants and the technicians go over it and come up with something they both can live with prior to making any decisions on this application. He clarified that he is willing to go forward on the P&Z's spirit of its recommendation, but is at a loss to start discussion about he technical issues. Commissioner Ireland suggested approving the application on first reading conditioned up a satisfactory fire mitigation plan to build eight units. If such a BOARD OF COUNTY COMMISSIONERS 8 REGULAR MEETING OCTOBER '12, 2005 plan is not developed prior to second reading then the application would not be approved. Commissioner Hatfield commented that he thinks the issues are not that hard to deal with if everyone works together. He thinks findings could be made that say that this can happen under these conditions. Scott Thompson, Basalt Rural Fire Department Chief, commented that he commends Mr. Ireland for his comments because their primary concern is the Harvey family's safety and the safety of the 50 fire fighters that work for him. He said roadways and water supply are the two issues associated with any new development. He requested that the board give them more time to work with the Harveys' and an engineer to come up with a plan for roadway design with pull- offs, etc. Michael Harding, Fire Marshal for the Town of Basalt, proceeded with specific comments associated with the fire department's concerns related to fire suppression and rescue operations. Copies of his written comments are contained in the BOCC packet for this meeting. Mr. Harding agreed with Mr. Thompson that if they have time to work with the applicant and county staff that they could come up with a engineered roadway access plan, which would insure that emergency needs would be met. Commissioner Hatfield said the big issue for him is does the applicant have enough ponds for a sustainable water supply? He requested that this issue be addressed in the fire mitigation plan. Bud Eylar, County Engineer, commented that he is not positive that it will be possible to get a fourteen foot driveway. He thinks the best anyone can do is have a narrower road and a couple of turnoffs. He suggested that the improvements need to be made prior to issuance of the first building permit not prior to issuance of the sixth building permit. Chairperson Clapper summarized the issues, which have been outlined by the fire department as follows: Development of an engineered roadway access plan, which includes the road improvements; width of the road; possible turnout sites and the possibility of some kind of a signal to actually know that someone is actually on the road A fire safety plan, which would include a viable water supply, pressurized hydrants, sufficient ponds and whether or not interior sprinkler systems should be required. BOARD OF COUNTY COMMISSIONERS 9 REGULAR MEETING OCTOBER 12, 2005 Mr. Pratt said they have been talking to the fire district on these issues and they have committed to having the ponds analyzed by an engineer, provided in their agreement that there will be dry hydrants, have provided that they will provide access to dry hydrants, have talked about pull outs above steep grades on existing roads, have talked about that all of the new driveways will meet Pitkin County standards, and they have gone through all of these details. He explained that they have committed to build a 14-foot wide road, which is at odds with the fire codes recommendation of 16-foot roads. Additionally, he said the other issue is that according to the fire code, if they don't have 20-foot roads, even agricultural buildings will need to be sprinklered. He said they are willing to work with the fire district, but there are some things that they have been struggling with. It has not been committing to water supplies, committing to dry hydrants, committing to new road construction that meets county standards, but rather some things that are conflict between the county code and the fire code. Chairperson Clapper said that the board will have to make the final decisions, but it needs to hear them in an engineered, thought out presentation so commission members know what those specifics are. Chairperson Clapper opened the hearing to public comment. The following persons spoke in favor of Ms. Harvey's application and urged the board to approve her request: Camilla Auger, Jim Ward, Bruce Gordon, Dale Will, Ginni Toni Kronberg, Sue Helm, John Katsenberger, Dee Malone, Eric Hansen, a resident of the Old Snowmass area, (who recommended Connie's proposal for access from Shield O in Old Snowmass), Beth Fergus and Bill Sterling. Ginny Yang voiced her support of the Harvey application and read into the record comments from various members of the Old Snowmass area. A copy of these comments is attached to the end of the BOCC packet for this meeting, under additional exhibits. Dale Will, Open Space and Trails Director, commented that this project is the highest priority of the Open Space and Trails Board and his department to achieve this conservation success that is so tantalizing close to them at this point. He said they have the good fortune of receiving the largest, ever open space grant award from Great Outdoors Colorado to acquire this property. He said unfortunately, time is moving along and they have crossed one of GOCO's deadlines and are in a first extension of time. He urged that everyone move forward quickly with the technical issues so that they can finalize the grant with GOCO. Buildinq Envelope Lot 7: Mark Harvey addressed the issue of wildlife specifically to Lot 7. He explained that the whole plan was to protect a lot of the land and give the family a few home sites. He said they spent a lot of time walking the BOARD OF COUNTY COMMISSIONERS 10 REGULAR MEETING OCTOBER 12, 2005 land and with regard to Lot 7 they wouldn't have placed them there if they thought there was an issue with elk calving. He said he has lived on the ranch his whole life and the calving he has seen is to the southwest and far west of the area in question. In terms of moving Lot 7, if they were to move it further north they would be restricted by an existing landslide. In terms of the wildlife issue associated with dogs, he said in the 40 years that they have had the ranch they have used dogs to run cattle and they have never had a single wildlife issue. He said they chose Lot 7 because that lot is not adjacent to a elk calving ground. He noted that it is used for deer grazing, but to his knowledge it is not adjacent to a calving area. A discussion ensued with respect to the location of Lot 7 and whether or not it should be relocated. Doug Pratt explained that they had to weigh the geological hazards with the wildlife issues in placing that particular lot. He further explained that the Division of Wildlife told him that the area is an elk grazing area not necessarily an elk calving area. Connie Harvey explained that the alternative lot was too close to the slide. Additionally, engineers have told her that they wouldn't be able to put in a septic system. With respect to keeping dogs on the property she said they would be willing to keep them kenneled, but at this point in time there is wildlife on the ranch in spite of the working dogs being there. Commissioner Hatfield said he would choose the area proposed by the applicant rather than have the envelope moved into a hazardous area. Prohibition of Doqs on Parcels 7, 8: Chairperson Clapper said she supports the exception of ranch dogs and supports kenneling on all the envelopes including Lots 7 and 8. Commissioner Farris said she would support this condition. Commissioner Ireland said he doesn't know how the board could allow something that is prohibited by the code (dogs prohibited within one quarter mile of elk calving areas.) Commissioner Hatfield agreed with this comment. Ann Harvey clarified that the parcels are still part of the ranch and will still be used for cattle grazing and pasture and ranch dogs will still be used. She explained that the issue is if cattle are being driven with dogs and get to the boundary of those parcels, prohibiting dogs would not be practical. She said they are happy to keep them kenneled when they are not being used and in all the years they have had the ranch they have been careful and have never had dogs chasing wildlife and they intend to continue that. BOARD OF COUNTY COMMISSIONERS 11 REGULAR MEETING OCTOBER 12, 2005 Commissioner Farris said she is hearing the recommendation from the Division of Wildlife, but she is also hearing a representation from the applicants who have lived on the ranch their whole lives that the Lot 7 is not a calving area. Ms. Wolff said the Division of Wildlife is not going to comment on the prohibition of dogs because they are not allowed to. Mr. Pratt said the family is only requesting that they be allowed to retain working dogs on the ranch and that they would be willing to kennel them when they are not working. He requested that the condition be drafted accordingly. Commissioner Ireland questioned if there was a possibility of the conservation easement not being finalized even if this land use application is approved? Dale Will said the two conditions for this transaction is that we agree on the terms of the conservation easement itself, which has been done and secondly, that the Harveys' are successful in this land use application. Camp Parcel: Ms. Harvey said they would be willing to withdraw this request if this would help them get their application approved. Chairperson Clapper said in looking at the issues of the road she thinks the board would be creating bigger problems with the whole application if it were to allow some kind of a camp parcel there. It was agreed that his matter would be discussed in the context of the TDR discussion. Transferable Development Rights (TDR's): Dale Will explained that when the open space staff negotiated their contract with the Harveys they assumed that there would be 1310 acres zoned rural and remote so they thought that the total number of TDR's were 26. And in their contract that they have with the Harveys they will be retaining 11 of those and the balance would be extinguished by the purchase of the conservation easement. He said now the wrinkle is that the number of acres that they are proposing to rezone has increased and consequently they are eligible for more TDR's that what was expected when the contract was negotiated. So the question is what happens to the extra TDR's? Staff was directed to continue to negotiate with the Harveys and come up with an equitable and fair evaluation of how many more TDR's should be granted. Mr. Pratt said with respect to the down zoning, they would be requesting to rezone at least 1425 acres to rural and remote, which is an increase over what their original application was and they will work with Dale Will as to how they will be able to use those additional TDR's within the context of the contract set up with his board. BOARD OF COUNTY COMMISSIONERS 12 REGULAR MEETING OCTOBER '12, 2005 Vested Property Rights: Chairperson Clapper said she is all for 20 years of vesting. Commissioner Hatfield said he would second this because that is consistent with what the board has granted with previous large parcels. Commissioners Farris and Owsley concurred with a 20-year vesting period. Chairperson Clapper listed the issues, to be brought back at second reading, as follows: · Access issue with the road and the fire safety issues associated with that · Location of Parcel 7 building envelope · A condition allowing working dogs only on Lots 7 and 8. No residential dogs will be allowed on these two parcels. · 20 year vesting period · TDR's to be discussed at second reading pending the open space trails department continuing negotiations with the applicant and the applicant's willingness to eliminate Lot 9. Commissioner Farris moved approval of the Ordinance rezoning the Harvey property and set for second reading on December 7, 2005. Commissioner Hatfleld seconded the motion. Motion passed unanimously. Commissioner Farris moved to continue the Resolution on the Harvey application to December 7, 2005. Commissioner Hatfield seconded the motion. Motion passed unanimously. RESOLUTION DENYING AN EXTENSION OF VESTED REAL PROPERTY RIGHTS AND APPROVING A 1041 HAZARD REVIEW AMENDMENT FOR LYLE REEDER AND STANFORD JOHNSON - MOTION TO CONTINUE TO JANUARY 11, 2005 - STAFF PLANNER SUZANNE WOLFF Applicant: Lyle Reeder and Stanford Johnson Applicant's Representative: Lyle Reeder Applicant's Request: Pursuant to Section 4-140-030, request to extend vested rights for three years and to amend the approved building envelope to include slopes, in excess of 30%, as permitted pursuant to Ordinance No. 26-2003. Suzanne Wolff gave a presentation on this application as summarized in her memorandum contained in the BOCC packet for this meeting. Commissioner Clapper moved to continue this application to January 11, 2005 pending the applicant continuing to work on an alternative access with Tom Lewis, an adjoining neighbor. Commissioner Hatfield seconded the motion. BOARD OF COUNTY COMMISSIONERS 13 REGULAR MEETING OCTOBER 12, 2005 Chairperson Clapper opened the hearing to public comment. There being no comment, she continued the public hearing to January 11, 2005 and called the question. Motion passed unanimously. LAND USE ACTIONS: SECOND READING - ORDINANCE ADOPTING AN AMENDMENT TO THE PITKIN COUNTY LAND USE CODE ADDING SECTION 3-330-010~ APPROVAL LIMITATIONS FOR PROPERTIES CURRENTLY iN REVIEW OF PRIOR DEVELOPMENT ACTIONS - MOTION TO APPROVE - STAFF PERSON John Ely, County Attorney, gave a presentation on this item as summarized in his memorandum contained in the BQCC packet for this meeting. Commissioner Farris moved approval of second reading of the Ordinance. Commissioner Hatfield seconded the motion. Chairperson Clapper opened the hearing to public comment. There being no comment, she closed the public hearing and called the question. Motion passed unanimously. ADJOURNMENT: Commissioner Clapper moved to adjourn the meeting at 6:00 PM. Commissioner Farris seconded the motion. Motion passed unanimously. BOARD OF COUNTY COMMISSIONERS 14 REGULAR MEETING OCTOBER 12, 2005 Respectfully submitted, Jeanette Jones Clerk to the Board of County Commissioners Patti Kay-Clapper, Chairman Board of County Commissioners g\bocc\min utes~2005\min.reg. 10122005 BOARD OF COUNTY COMMISSIONERS 15 REGULAR MEETING OCTOBER 12, 2005 MINUTES OF WORK SESSION Date: October 11, 2005 Meeting Start Time: 1:05 pm Commissioners present: [] Patti Clapper [] Dorothea Farris [] Jack Hatfield [] Michael Ireland [] Michael Owsley Commissioners not present: [] Patti Clapper [] Dorothea Farris [] Jack Hatfield [] Michael Ireland [] Michael Owsley WORK SESSION ITEM: Memos of Interest STAFF DIRECTION: 1. Letter from Independence Pass Foundation-informational only WORK SESSION ITEM: Future Agendas/Agenda Requests/Monthly Calendars STAFF DIRECTION: 1. Weed Board meeting - Oct. 27th 10am at Public Works. WORK SESSION ITEM: Open Discussion STAFF DIRECTION: 1. Commissioner Farris reported on the Legislative Policy meeting. that CCI request a review of sentencing terms. Commissioner Ireland has requested COMMISSIONER IRELAND JOINED THE MEETING AT 1:15 PM. 2. Commissioner Farris reported that CCI discussions on RS2477. She requested a listing of all RS2477 roads in Pitkin County. She stated that CCI included support of real estate transfer tax in their policy statements. They also included a statement supporting community backed affordable housing, trail and transit items. 3. Commissioner Farris stated that she has been appointed to a subcommittee of Public Lands for National Association of Counties. 4. Commissioner Ireland reported on a recent seminar he attending on zoning and the meeting with Mark Udall regarding beetle kill forests. He also reported on the Northwest Colorado Council of Goverranents meeting regarding the 1-70 corridor discussion. 5. Brush Creek Rd/Intercept Lot/Owl Creek Rd items - Commissioner Hatfield had questions regarding Brush Creek Road work with Intrawest. Brian Pettet was present to answer questions. He updated the Board on the Intercept Lot construction and stated that 1000 parking spaces will be available by Thanksgiving. He also distributed traffic counts for Owl Creek Road. 6. Cindy Houben and John Ely were present to discuss the land use code timeline. Community Development staff has completed their review and the Attorney's Office comments are due by October 31st. Staff recommends that hearings be held in January and February 2006. The Board agreed to the new timeline. Staff was directed to not schedule joint meetings or other extra meetings during these two months. The Board requested their Board retreat be set for early January. 7. Staff advised the Board that the County's Code Enforcement Officer is working to resolve issues raised by Mr. Stirling Cooper. 8. Staff advised the Board that the Forest Service is unable to attend the hearing on Howard Vagneur's operations. The Board specifically requested staff consider continuing this meeting to a date that Forest Service can be present to discuss such things as their travel mgmt plan for that area. 9. Staff discussed possible River District appointments. The Board requested that John Ely be asked if he is interested in the appointment. 10. Staff advised the Board that Regional Mountain Housing is planning to approach Garfield County for participation. 11. Staff advised the Board that the PILH fund balance would be available after general fund budget is complete. 12. Katrina Update - staff advised the Board that $135,000 was raised for the Fat Tuesday event. Commissioner Clapper will be traveling to Pearlington, MI with a Carbondale Council member and the Carbondale Fire Department Chief. The Board requested that Commissioner Clapper provide a report on the trip. WORK SESSION ITEM: Health Insurance Discussion, Phylis Mattice STAFF DIRECTION: Phylis Mattice was present to review the current issues facing our health insurance renewal for 2006. Discussion followed regarding possible plan revisions. Commissioner Ireland stated a desire to see a stronger commitment by the County for a wellness program. Discussion ensued. Ms. Mattice reviewed the other renewal changes including dental, vision, life, and disability insurance. Commissioner Ireland stated he does not want to see a voluntary program, wants to pursue a employee cost share plan based on salary levels, wants to look at other providers, protect families and if employees show proof of insurance, they may receive a financial incentive. The Board concurred. WORK SESSION ITEM: 2006 Budget Goals and Emerging Issues, Section Leaders STAFF DIRECTION: Section Leaders were present to answer questions from the Board regarding issues and trends as related to the 2006 budget. General discussion ensued. The Board requested a summary of exit interviews. Commissioner Ireland requested to know when the fly-over data would be available to him. He was also interested in staff looking at the trend of real estate closings with few mortgages. Discussion ensued. WORK SESSION ITEM: Landfill Operations Update, Chris Hoofnagle, Brian Pettet STAFF DIRECTION: Brian Pettet gave the Board a brief history of landfill operations and stated that the County is now in a position to assume the landfill operations from the current contractor. He believes that after paying off initial capital expense, the landfill will have a surplus of approximately $500,000 per year. Commissioner Clapper stated she liked the concept. Commissioner Hatfield requested further financial analysis of the capital acquisitions and replacements. Commissioner Ireland suggested that the City be approached for a single resource stream. Discussion followed. Commissioner Ireland suggested that an RFP be put out and that the County department is allowed to bid. Rick Pocius from Summit County gave the Board an overview of the County's assumption of their county landfill. He stated that they found a lot of flexibility in the management of the landfill and are not constrained by the terms of the contract. He suggested that the equipment should be leased rather than purchased due to the heavy wear and tear on the equipment. He also stated that the County is ultimately responsible for the landfill so this allowed them to control their liability. The first twelve months saw a $250,000 surplus and they are breaking even in the second twelve months due to leasing of equipment. Commissioner Farris requested a further scoping of the proposal. Mr. Pettet stated that it is difficult to find qualified bidders. The Board.asked that staff consider the City's needs for their new recycling program. The Board concurred and requested further pro forma information prior to a final direction from the Board. Adjourned at 5:00 pm. Prepared by: · ry FleXOr Smith, County Manager~"' Respectfully submitted: Silvia Davis, Clerk and Recorder