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HomeMy WebLinkAboutbocc.min.reg.01122005 PITKIN COUNTY COMMISSIONERS REGULAR MEETING AGENDA Plaza One Conference Room WEDNESDAY~ JANUARY 12~ 2005 2:00 PM ADDITIONS/DELETIONS TO AGENDA, PUBLIC COMMENT, BOCC COMMENTS CONSENT ACTIONS 1. Minutes: 11/23, 12/7, 12/21 Special Mtgs, 12/15 Regular Mtg and 12/7, 12/14, 12/21 Work Sessions 2. Resolution Appointing BOCC Members to Boards and Committees, Susan Murphy 3. Resolution Appointing CCI Proxies, Debbie Quinn 4. 2005 Additional Ambulance Licensing, Rich Walker 5. Resolution Appointing Members to Volunteer Citizen Boards, Karen Sahr 6. Resolution Establishing Formula for the Distribution of Sales Tax for Municipalities, T Jagow, T Gomez CONSENT ACTIONS- 1st Reading.% Set for Public Hearing on 1/26: 7. Ordinance Authorizing Contract for Conservation Easement Acquisition on Crystal Island Ranch, D Will 8. Resolution Approving IGA with CDOT for Maroon Creek Bridge Funding, Bud Eylar CONSENT PUBLIC HEARING 9. Ordinance Adopting Amendment to Pitkin County Code Section 6.16.080 Commercial Waste Haulers Notice Of Violation--Removal--Assessment Of Costs, Chris Seldin 10.2nd Reading, Ordinance Amending Standard of Conduct, Debbie Quinn LAND USE CONSENT PUBLIC HEARINGS 1. Grace Church Special Review, 1041 Hazard Review, CDU (PN 4/24/04) (cont'd from 12/1/04 at request of Applicant) (cont'd to 2/9/05 at request of Applicant), E. Louthis 2. Public Works Rezoning, Subdivision Exemption, GMQS Exemption, Ordinance 1 st Reading (cont'd from 12/1/04 at request of Applicant) (cont'd to 2/9/05) (PN 4/24/04), L. Clarke 3. Bennett Special Review to Amend Development Permit (PN 9/11/04) (cont'd from 12/1/04 at request of Applicant) (to be cont'd to 7/13/05 at request of Applicant), S. Wolff 4. Schlumberger Major Plat Amendment, River Divide Lot 2 (PN 9/25/04) (cont'd from 12/15/04), E. Louthis LAND USE CONSENT ACTIONS 5. Granting 2004 Rural GMQS Allotments for New Subdivision Lots/35 Acre Parcels, W. Wolff 6. Timroth Takings Remediation, S. Wolff 7. Bates 1041 Hazard Review Resolution, E. Louthis 8. Code Amendment Creating Transitional Residential-1 (TR-1) and Rezoning Transitional-1 (TR-1) Zone District, 1st Reading (cont'd to 1/26/05), E. Sassano 9. Rezoning - Rural/Remote, 1st Reading (cont'd to 1/26/05), E. Sassano LAND USE PUBLIC HEARINGS 10. Rosemary Circle R Ranch Special Review & Development Permit (PN 12/11/04), S. Wolff 11. Spencer Extension of Vested Rights, Minor Amendment to Development Permit (PN 12/11/04), E. Louthis LAND USE ACTIONS 12. Siemel Appeal, J. Schaffner 13. Code Amendment Creating Transitional Residential-2 (TR-2) and Rezoning Transitional -2 (TR-2) Zone District, st · 1 Reading, C. Houben BOCC OPEN DISCUSSION ADJOURN APPROVED JANUARY 26 2005 MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR MEETING JANUARY 12, 2005 NOTE: For all staff memorandums and associated documents, including additional exhibits submitted, refer to the BOCC PACKET for January 12, 2005 CALL TO ORDER: Outgoing Chairperson Farris called the regular meeting of the Board of County Commissioners to order at 2:00 PM. COMMISSION MEMBERS PRESENT: Commissioners Dorothea Farris, Michael Owsley, Mick Ireland, and Patti Clapper COMMISSION MEMBERS ABSENT: Commissioner Hatfield due to illness ADDITIONS/DELETIONS TO AGENDA: Hilary Smith, County Manager, requested that the Intergovernmental Agreement with the Colorado Department of Transportation be pulled from the agenda because it was approved during the budget process. Lance Clarke, Assistant Planning Director, requested that the Bennett Special Review Application be continued to July 13 and the Siemel Appeal continued to January 26, 2005. PUBLIC COMMENT: Toni Kronberg appeared before the Board to speak to the Issues regarding a petition being circulated associated with the Burlingame project. She said there is some confusion as to what the intent of these initiative petitions are. She said she would like to state for the record that they are not anti Burlingame petitions because they cannot be anti Burlingame petitions. The only way that a petition can be anti Burlingame is when the project is approved. And the public hearing on Burlingame is not scheduled until February 14th and then a referendum petition would have to be put into place to make it truly an anti Burlingame petition. She said the two petitions that are out there one of them asks voters to approve or disapprove projects so that voters have a choice; it's not either yea or nay on a project but rather, giving voters a choice. The second BOARD OF COUNTY COMMISSIONERS 1 REGULAR MEETING JANUARY 12, 2005 initiative petition basically refers to the terms of the pre-annexation agreement. So that is basically the intent of those two petitions. COMMISSIONER COMMENTS: Commissioner Farris thanked everyone for their support during her tenure as chairperson. She then turned the gavel over to Commissioner Clapper, new chairperson for 2005. Chairperson Clapper asked for a moment of silence for the victims, friends and families of the Tsunami disaster. Commissioners gave comments on local and state issues and sports events. Commissioner Owsley thanked the voters and the citizens of Pitkin County for their participation in the last election and their faith in him and he intends to live up to that faith. MINUTES OF NOVEMBER 23, DECEMBER 7 AND DECEMBER 21 SPECIAL MEETINGS, DECEMBER 15 REGULAR MEETING AND DECEMBER 7, DECEMBER 14 AND DECEMBER 21 WORK SESSIONS - MOTION TO APPROVE - STAFF PERSON: JEANETTE JONES, CLERK TO THE BOARD OF COUNTY COMMISSIONERS RESOLUTION APPOINTING BOARD OF COUNTY COMMISSIONER MEMBERS AS REPRESENTATIVES TO VARIOUS BOARDS, COMMITTEES AND AUTHORITIES AND DESIGNATING THE OFFICIAL AGENDA POSTING PLACE - MOTION TO APPROVE - STAFF PERSON: SUSAN MURPHY, ADMINISTRATIVE MANAGER RESOLUTION APPOINTING PROXIES FOR COLORADO COUNTIES MEETINGS - MOTION TO APPROVE - STAFF PERSON: DEBBIE QUINN, ASSISTANT COUNTY MANAGER APPROVING ADDITIONAL AMBULANCE LICENSES FOR THE ASPEN AMBULANCE DISTRICT: MEDIC 16 AND MEDIC 17 - MOTION TO APPROVE - STAFF PERSON: ELLEN ANDERSON, EMERGENCY MANAGEMENT COORDINATOR RESOLUTION APPOINTING MEMBERS TO THE WEED ADVISORY BOARD - MOTION TO APPROVE - STAFF PERSON: KAREN SAHR, ADMINISTRATIVE SECRETARY RESOLUTION ESTABLISHING THE FORMULA FOR THE DISTRIBUTION OF THE MUNICIPAL SHARE OF COUNTY SALES TAX REVENUE FOR THE YEAR 2005 AS REQUIRED BY RESOLUTION 78-121 - MOTION TO APPROVE - STAFF PERSONS: TOM JAGOW AND TINA GOMEZ, FINANCE OFFICERS BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING JANUARY 12, 2005 Commissioner Clapper moved approval of the Consent Actions portion of the agenda. Commissioner Ireland seconded the motion. Motion passed with four yea votes. Commissioner Hatfield was not present. CONSENT ACTIONS - FIRST READINGS - SET FOR PUBLIC HEARINGS ON JANUARY 26, 2005 FIRST READING - ORDINANCE APPROVING THE ACQUISITION OF CONSERVATION EASEMENTS ON 986-ACRES OF THE CRYSTAL ISLAND RANCH, AND APPROXIMATELY 90- ACRES OF ADJACENT LAND ALONG THE CRYSTAL RIVER, AND AUTHORIZING THE CHAIR TO EXECUTE THE NECESSARY DOCUMENTS - MOTION TO APPROVE ON FIRST READING AND SET FOR SECOND READING AND PUBLIC HEARING ON JANUARY 26, 2005 - STAFF PERSON: DALE WILL, OPEN SPACE AND TRAILS DIRECTOR FIRST READING - RESOLUTION AUTHORIZING THE BOARD TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION (MAROON CREEK BRIDGE COST SHARING) - PULLED FROM THE AGENDA - STAFF PERSON: BUD EYLAR, COUNTY ENGINEER Commissioner Farris moved approval of this portion of the Consent Actions Agenda. Commissioner Ireland seconded the motion. Motion passed with four yea votes. Commissioner Hatfield was not present. CONSENT PUBLIC HEARINGS: SECOND READING - ORDINANCE ADOPTING AN AMENDMENT TO PITKIN COUNTY CODE SECTION 6.16.080 COMMERCIAL WASTE HAULERS, NOTICE OF VIOLATION, REMOVAL, ASSESSMENT OF COSTS - MOTION TO APPROVE - STAFF PERSON: CHRIS SELDIN, ASSISTANT COUNTY ATTORNEY SECOND READING - ORDINANCE APPROVING AN AMENDMENT OF THE STANDARD OF CONDUCT - MOTION TO APPROVE - STAFF PERSON: DEBBIE QUINN, ASSISTANT COUNTY MANAGER Commissioner Farris moved approval of the Consent Public Hearings portion of the Agenda. Commissioner Ireland 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 with four yea votes. LAND USE CONSENT PUBLIC HEARINGS: BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING JANUARY 12, 2005 GRACE CHURCH SPECIAL REVIEW, 1041 HAZARD REVIEW, CARETAKER DWELLING UNIT - MOTION TO CONTINUE TO FEBRUARY 9, 2005 AT THE REQUEST OF THE APPLICANT - STAFF PLANNER: EZRA LOUTHIS CONTINUED FIRST READING PUBLIC WORKS REZONING, SUBDIVISION EXEMPTION, AND GMQS EXEMPTION - MOTION TO CONTINUE TO FEBRUARY 9, 2005 - STAFF PLANNER: LANCE CLARKE BENNETT SPECIAL REVIEW TO AMEND A DEVELOPMENT PERMIT - MOTION TO CONTINUE TO JULY 13, 2005 - STAFF PLANNER: SUZANNE WOLFF FIRST READING - RESOLUTION GRANTING THE SCHLUMBERGER MAJOR PLAT AMENDMENT FOR LOT 2, RIVER DIVIDE SUBDIVISION - PULLED FROM THE CONSENT AGENDA- STAFF PLANNER: EZRA LOUTHIS - APPLICANT: MARTY SCHLUMBERGER Ezra Louthis requested that the Schlumberger application be pulled from this portion of the agenda for discussion purposes. Commissioner Farris moved approval of the Land Use Consent Public Hearings portion of the agenda with the exception of the Schlumberger application. Commissioner Ireland 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 with four yea votes. Commissioner Hatfield was not present. LAND USE CONSENT ACTIONS: RESOLUTION ALLOCATING 2004 RURAL AREA RESIDENTIAL GMQS ALLOTMENTS FOR NEW SUBDIVISION LOTS AND NEWLY CREATED 35+ ACRE PARCELS - MOTION TO APPROVE -STAFF PLANNER: SUZANNE WOLFF RESOLUTION FINDING A TAKING AND REMEDIATING THE TAKING FOR THE TIMROTH LLP PROPERTY - GOVERNMENT LOT 33 - MOTION TO APPROVE - STAFF PLANNER: SUZANNE WOLFF RESOLUTION APPROVING THE BATES 1041 HAZARD REVIEW- MOTION TO APPROVE - STAFF PLANNER: EZRA LOUTHIS - APPLICANT: NATHANIEL BATES BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING JANUARY 12, 2005 CODE AMENDMENT CREATING TRANSITIONAL RESIDENTIAL - 1 (TR-1) AND REZONING TRANSITIONAL -1 (TR-1)ZONE DISTRICT - MOTION TO CONTINUE TO JANUARY 26, 2005 - STAFF PLANNER: ELLEN SASSANO REZONING - RURAL/REMOTE - MOTION TO CONTINUE TO JANUARY 26, 2005- STAFF PLANNER: ELLEN SASSANO Commissioner Farris moved approval of the Consent Actions Agenda. Commissioner Ireland seconded the motion. Motion passed with four yea votes. Commissioner Hatfield was not present. LAND USE PUBLIC HEARINGS: RESOLUTION APPROVING THE CIRCLE R RANCH SPECIAL REVIEW AND AMENDMENT TO DEVELOPMENT PERMIT FOR ADDITIONAL FLOOR AREA - MOTION TO APPROVE APPLICATION - STAFF PLANNER: SUZANNE WOLF - APPLICANT: ROSEMARY'S CIRCLE R RANCH EAST LLC AND ROSEMARY'S CIRCLE R RANCH WEST LLC Suzanne Wolff gave a presentation on this application as contained in her memorandum to the board included in the BOCC packet for this meeting. Stan Clauson, representing the applicant, gave an overview of this application. A copy of the application is included in the BOCC packet for this meeting. Stephen Conger, architect for the project gave a presentation on the architectural aspects of the project. He emphasized that they are using green materials and have restored the site completely. He said they have proven to be environmentally and esthetically responsible. Mr. Clauson gave an overview of the landscape proposal. He said they believe that their three requests would have minimal impacts and will utilize TDR's, which would be a benefit to the county. Additionally, he said that the applicants would be willing to purchase the TDR's from Woody Creek if the Board so asks. Chairperson Clapper opened the hearing to public comment. There being no public comment, she closed the public hearing and brought the matter back to the board for questions. Commissioner Owsley said that purchase of the TDR's from within Woody Creek would be of interest to Woody Creek. Mr. Clauson said the family would be willing to make that a condition. Commissioner Owsley continued that he is having difficulty with this application because the applicants have not demonstrated a need. BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING JANUARY 12, 2005 Commissioner Farris commented that the garage does not seem to change the appearance and she has no problem with the cabin. Further, she said she does not have a problem with the additional 3,000 square feet of floor area because she does not see that the change in size is dramatic enough to raise a major concern. She did express a concern with respect to continual changes to the project. Commissioner Ireland said he noticed that most of the changes, which were administratively approved by staff, seem to be very reasonable. However, he remembers, when the first application came before the board, that one of the attractions to the project was that it was Iow impact. He explained that there is a huge difference in impacts, affordable housing wise, between a 3,000 and a 6,000 square foot house. Additionally, he asked the applicants if they were proposing to request any additional floor area in the future. Mr. Clauson responded that it is not their intention to request any additional floor area. However, he cannot speak for subsequent owners in future years, but there is no intention to be back before the board at this time. He said they would commit to purchase a TDR from the Woody Creek market and work with the housing office to make a housing mitigation payment for the 6,000 square foot residence. Commissioner Clapper said she would hate to see the cabin go. However, she has a concern about the round barn. Commissioner Ireland moved to approve the application with three conditions: The TDR's, contemplated by this application, shall be purchased within the Woody Creek area, as defined by the Planning Office mapping. County staff and the applicant will arrive at an impact fee for affordable housing measure with the most current Clarion study available for the 3,000 square feet, and will affect only the round barn The applicant agrees that the total limitation on development, for this property, is 38,150 square feet and no further increases are contemplated by the applicant at this time. No further increases shall be granted administratively and none shall be granted at all without the understanding that the Board of County Commissioners will require a significant rational for any further increases and the project will have to go back to the Caucus if an application is submitted. Commissioner Farris seconded the motion. Motion passed with four yea votes. Commissioner Hatfield not present. BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING JANUARY 12, 2005 FIRST READING - RESOLUTION GRANTING THE SCHLUMBERGER MAJOR PLAT AMENDMENT FOR LOT 2, RIVER DIVIDE SUBDIVISION - MOTION TO TABLE TO FEBRUARY 23, 2005 - STAFF PLANNER: EZRA LOUTHIS - APPLICANT: MARTY SCHLUMBERGER Ezra Louthis explained that one of the issues, associated with this application, is with regard to a landscaping plan and whether or not Mr. Schlumberger is in compliance with a revegetation plan, which was part of a district court decision. Therefore, he asked Marty to be prepared to address this issue. Marty Schlumberger proceeded to review drawings of revegetation, which was required. He emphasized that he revegetated the area a number of times. Chairperson Clapper asked if there were any other issues of compliance. Mr. Louthis said there are no other issues of compliance. He proceeded with his presentation on this application as contained in his memorandum to the board included in the BOCC packet for this meeting. Commissioner Ireland said Mr. Edwards' letter says that the amount of acreage that is disturbed now exceeds 1.75 acres, which was the amount stipulated in the court decision. He asked Mr. Schlumberger if there was more than 1.75, acres disturbed or not. Mr. Schlumberger responded that he has a copy of a survey from his surveyor who says there is 2.031 acres of total disturbance and in that area of disturbance is the cut in the fill, which he revegetated. He said he agrees with all the conditions recommended by staff and that the P&Z approved. He said when you look at the nature of this piece of property the barn belongs over in the area of the activity of the animals. If the barn were to be put in the original envelope, a lot more movement and traffic would be created. He said the only impact that he could see on the Theofanous property would be sharing the road and his road goes through his property on an easement and to Mr. Upchurch's property on an easement. Chairperson Clapper opened the hearing to public comment. Jodi Edwards, representing Paul Theofanous, and Mr. Theofanuous proceeded with their comments and concerns associated with this application. A copy of Mr. Edwards' letter addressing these concerns is included in the BOCC packet for this meeting. Mr. Theofanuos said their choice would be to have the barn and the CDU unit put in the primary envelope, which the board approved a number of years ago. BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING JANUARY 12, 2005 After a discussion, regarding the location of the barn, Mr. Schlumberger requested that his application be tabled pending him contacting his legal counsel. Commissioner Ireland moved to table this matter to February 23, 2005 with direction to staff to establish the size of the disturbed area and area where the structure could be located. Commissioner Farris seconded the motion. Motion passed with four yea votes. Commissioner Hatfield was not present. RESOLUTION APPROVING THE SPENCER EXTENSION OF VESTED RIGHTS AND MINOR AMENDMENT TO A DEVELOPMENT PERMIT TO RELOCATE AND ENLARGE THE BUILDING ENVELOPE - MOTION TO APPROVE - STAFF PLANNER: EZRA LOUTHIS - APPLICANT: SPENCER ENTERPRISES, LLC Ezra Louthis gave a presentation on this application as contained in his memorandum to the board included in the BOCC packet for this meeting. Commissioner Ireland moved approval of the application with a finding that the applicant is exempt from the ridgeline from Highway 82 due to the fact that it cannot be avoided. Commissioner Clapper seconded the motion. Motion passed with four yea votes. Commissioner Hatfield was not present. LAND USE CONSENT ACTIONS: SIEMEL APPEAL OF A BUILDING PERMIT - MOTION TO CONTINUE TO JULY 13, 2005 - STAFF PERSON: JOANNA SCHAFFNER, ZONING OFFICER FIRST READING - ORDINANCE CREATING A NEW ZONE DISTRICT, ENTITLED TRANSITIONAL RESIDENTIAL (2) ZONE DISTRICT (TR-2) TO BE INCLUDED IN THE PITKIN COUNTY LAND USE CODE - AND REZONING CERTAIN PROPERTIES WITHIN THE EAST OF ASPEN/INDEPENDENCE PASS PLANNING AREA TO THE TRANSITIONAL RESIDENTIAL ZONE DISTRICT - MOTION TO APPROVE FIRST READING AND SET FOR SECOND READING AND PUBLIC HEARING ON JANUARY 26, 2005 - STAFF PLANNERS: CINDY HOUBEN AND ELLEN SASSANO Cindy Houben gave a presentation on the provisions of this proposed legislation as contained in her memorandum included in the BOCC packet for this meeting. Commissioner Ireland disclosed that he has a client that may have sub-surface mining rights. Therefore, if the board wants to consider this matter he would recluse himself from participation. Commissioner Ireland left the room at this time. BOARD OF COUNTY COMMISSIONERS 8 REGULAR MEETING JANUARY 12, 2005 Commissioner Farris moved to allow mining, by special review, as it currently exists in the AFR-10 code. Commissioner Owsley seconded the motion. Motion passed with three yea votes. Commissioner Ireland not participating and Commissioner Hatfield was not present. Commissioner Ireland re-entered the meeting. Ms. Houben proceeded to review the proposed zoning map for the benefit of the board and members of the public. A copy of this map is included in the BOCC packet for this meeting. She said some of the considerations that went into mapping were looking at the topography versus the property lines, existing development sites within the district that is proposed, and the visibility, and looking at the urban growth boundary line. She referred to exhibit 1, in the packet material, which she said was decided to move forward by the P&Z and the Board of County Commissioners on November 9th. Commissioner Clapper questioned if the entire mine property, in Unit 2, is classified as a superfund and if it is historically designated. Chris Preusch responded that it is. Commissioner Farris said if the entire parcel is historic designated she would like to see documentation showing that. Chairperson Clapper said her concern is that if the whole property is under the historic designation, we need to find out how that would affect any future use, development, or changes. And the same thing with superfund. If we are still under the hospices of the environmental protection agency, regardless of the fact that we have been delilsted, any disturbance of that property in any way, shape or form would be major for any development. Chairperson Clapper asked that the P&Z minutes be provided prior to second reading of this proposed legislation. Chairperson Clapper opened the hearing to public comment. Chris Preusch, representing the Smuggler Mine, said when the master plan was amended, there was no mention of the rezoning of the Smuggler Mine. It also mentioned to give incentives, which remain historic. He said on September 22nd the county commissioners recommended removing that property from this process and later, they find out its back in again. He said all they can say, is they are throwing themselves to the board and asking why are we stirring it up? Grafton Smith said he has been at most of the meetings and a common thread through all of this was to not create non-conforming parcels. And if the 8200 BOARD OF COUNTY COMMISSIONERS 9 REGULAR MEETING JANUARY 12, 2005 recommendation stays in, as it is, it really doesn't do anybody any good because while the Loud property is already permitted to 8600 and the Stanger house is already bigger than 8200. Therefore, if 8200 were to be used as a standard, then both these houses are going to be nonconforming anyway. He said what he heard at the P&Z meeting, last week, was that it was basically "your limit is what you've got". Therefore, instead of having a specific number, each property's standard of nonconformity would be whatever it is permitted to now. Cindy Houben clarified that the 8200 square feet limitation was what the board and the P&Z decided on during the work session of November 9th. She said the intent of the P&Z was not to make anyone nonconforming, but also, not to allow anybody to increase in size from what they have. Therefore, she thinks language could be crafted that addresses that which takes the 8200 out specifically. Commissioner Ireland suggested that the language say "the greater of existing on such a date or 8200". Mr. Smith said it also reflects on height too because currently, in their GMQS application, they reduced the height to 26 feet, but yet, the zone district would call for 20 feet. So that also needs be in the language that if you exceed the height limitation it's what you get. David Myler, representing the Smuggler Ridge Associates, which have a contract to purchase a mining claim from Jaya and Tulassi Wilkinson, said they appreciate the attempts to work with the non-conforming issue, and that will probably assist them with their applications that are complete and are moving forward. However, he said they do have some concerns about the floor area cap and they expressed those to the Planning Commission primarily asking for justification for the caps. He said they agree that a 2,000 square foot cap, as proposed, is extreme and probably unnecessary to achieve the objectives of the master plan, which is the basis for this entire rezoning. He said the 4,000 square foot use by right, which was suggested by the Planning Commission, they think may have some merit, but they are not sure why owners can't use TDR's to increase the house size to a level that would be consistent with the neighborhood as long as it is properly sited and satisfies the design standards that Cindy has referred to. He further said they are also not sure why someone can't import TDR's; why is this area any less viable as a receiver site than any place else in the county. And if the board is intent on restricting the use of TDR's to in-district (those that are coming from the transition zone district), why would it be limited as in the Planning Commissions' proposal to 1,750 square feet. Rather, why wouldn't you get at least 2500 square feet or even more, to provide an incentive for that in-district transfer because he thinks it's important to sterilize properties on the face of Smuggler Mountain. Additionally, he said they are concerned about the height limits because all of the properties up there are going to have slope issues and a 24 foot height is basically going to preclude a two-story house, it is going to require a larger building footprint and maybe preclude some BOARD OF COUNTY COMMISSIONERS 10 REGULAR MEETING JANUARY 12, 2005 creative design. Therefore, he would like to know more why a 20 foot height limit is important. Lastly, he said he thinks the board might want to consider delaying at least, adoption of this on second reading, until the rural and remote rezoning is in from the P&Z. He said to adopt this in advance of rural and remote, is to presuppose that the board is going to rezone the top part of the mountain to rural and remote, which is the other side of the transition. He said the whole idea here is to create a transition between town and what presumably would be a rural and remote zone district at the top. Until the board has that before them, and have taken some action to start the process to adopt it, for example on first reading, it might seem premature to do the middle part of it the transition. Kim Popish, of the Smuggler Mine, offered a quote from Paul Rudnick regarding the TR-2 zoning as follows: "a substandard economic realization beyond what was needed to keep the scenic quality from those who ski on Aspen Mountain" She said they all talked about it and they all seem to struggle with this. What was frustrating for her, was even though they struggle with it and they thought it was extreme, it was apparent that they didn't want to see any development on Smuggler Mine so they were going to pass it no matter what. She urged the board to read the Aspen Area Community Plan, which tells to leave the Smuggler Mine out of a down zoning. She said the P&Z questioned staff about why the Smuggler Mine was basically being zoned out of the urban growth boundary to which the answer was because of the topography. She said there is a lot of talk about the views from Aspen Mountain (from the Ski area). There is a lot of talk about sterilizing Smuggler Mountain. She said she doesn't understand how the board has the right to take people's property because they don't own Smuggler Mountain. Lastly, she said she thinks these games being played between TR-2 and TR-4, to use Paul's words again, he talks about the economic realization, which seems like it is trying to make it just Iow enough so the economic realization is not there so people cannot afford to build. Roger Mussier, of Smuggler Mine, said he is adamantly opposed to this legislation, which is being proposed here. John Kelly, representing a parcel owner and Mickey Flannigan, who owns an approximately 36 acre parcel up on Smuggler Mountain, said he does not look at this as a transitional, but rather a radical down zoning (96%). He does not think it is a good transition from the City to the zoning because he does not think it is fair to go 2,000 or 4,000 square feet, as proposed, where essentially every thing in the county counts. He said 5750, in the county, is not a very big house. Secondly, he said creating nonconforming parcels, in his view, is bad planning, and split zoning is bad planning. Additionally, he questions why the city and county parcels are not included in the legislation. Dona a resident of a subdivision up by Smuggler, said that the board is forcing these people, who put their heart and their soul into the mine to do something about it. She said they go up there daily, they work the land, take care of it and BOARD OF COUNTY COMMISSIONERS 11 REGULAR MEETING JANUARY 12, 2005 live there and the board is trying to tell them that it is going to take that little bit of land and rezone it, and make it for public play. She said the only thing the public does with Smuggler is walk the road. One more house, whether it is 10,000 or 15,000 square feet is not going to do anything to the road that people hike. She said you cannot play on that land that is proposed for rezoning. Lenny Oates, with Oates, Knezevich and Gardenschwartz, said he represents the Timroth family interest, which have two parcels of land, which go off North Spruce Street. He said they have completed applications and there was a takings determination on one of them, which vested the property for three years, and he expects they will get the same treatment on the other one based upon the timing of their applications. He said he wants to point out to everybody that the North Spruce Street area is one that has a paved public private road and sewer service to virtually all the properties up there. Additionally, he said he believes it has water service, utility corridors, and was planned by the people up there somewhat carefully. Although it was not a formal subdivision it was created from isolated parcels. They think in fairness, those properties that are serviced off North Spruce, and do have the road and infrastructure, deserve different treatment. Tulassi Wilkinson said the last time she was before the board, at a hearing on this matter, she thought she was told that her properties (the Resolve and the Contraband Claims) would not be included in this down zoning. She said the county never had meetings with any of the landowners to work out a solution with them and she doesn't know how it could be justified. She referred to her letter addressing this and other issues as contained in the BOCC packet for this meeting. Chairperson Clapper closed the meeting to public comment on this matter. Commissioner Farris said she thinks all the issues raised tonight are worth considering i.e. internal use or external use of TDR's, height limit, and appropriate size cap. She said she thinks the mine issues are key that the mine is a unique situation. She said she really wants to see that historic designation and see the paper that says it is historic. In addition, she thinks what we are trying to do, has enough validity to move forward. Commissioner Ireland said the question at P&Z was what is the rational for small houses. He said the rational for small houses is intensity of use (having large structures on a mountainside). He said houses of 4,000 square feet and bigger, become a traffic magnet and become a use issue. With respect to the mining area goes, he is not so sure that we want it to be historically designated. He personally thinks the mine site belongs in the urban area, and appropriate for a different development scheme because it is a flat area, it's close to town, and it's serviceable. But when you put giant structures up on a hillside, you either build individual septic systems or you start hooking up utilities with the town of Aspen BOARD OF COUNTY COMMISSIONERS 12 REGULAR MEETING JANUARY 12, 2005 and essentially urbanize the slope and then the land beyond, becomes the next step. He said he does not think the steep slopes need to be Aspenized, Red Mountainized, Starwoodized or whatever it is you want to call it because he does not think it is in the community interest because it is the last spot that the community looks at that is Iow key in any sense of the word. Commissioner Owsley said he actually lived at the base of Smuggler Mountain for many years on Muscotte Lane. And it is the only place that he has ever seen a mountain lion in the county. And that mountain lion wasn't living on Muscotte Lane, but rather, he assumes, it was living on Smuggler. Additionally, he has seen elk coming off Smuggler Mountain. Therefore, it seems to him that you have to recognize that that area is a transitional area between our urban Aspen where you get mixing off Smuggler into the community. And it seems to him that this effort is an effort to make sure that that kind of thing can continue. He suggested, in terms of possibilities, that if it is indeed a transitional zone that we have transitional house sizes as we go up and meet the rural area. And he thinks some effort has to be made to preserve that area for the Town and for Pitkin County. Commissioner Farris moved to approve the Ordinance on first reading so that we can move forward for discussion with direction to staff to return with proposed legislation including many of the P&Z recommendations, which staff is in agreement with and leaving the size limitations as recommended by staff. Commissioner Ireland seconded the motion. Motion passed with four yea votes. Commissioner Hatfield was not present. ADJOURNMENT: Commissioner Clapper moved to adjourn the meeting at 6:55 PM. Commissioner Ireland seconded the motion. Motion passed unanimously. BOARD OF COUNTY COMMISSIONERS 13 REGULAR MEETING JANUARY 12, 2005 k~pectfully s/~itted, ette Jones ! to the Bo~d of County Commissioners Patti Kay-Clapper, Board of County Commissioners g\bocc\minutes~005Vnin.reg.01122005 BOARD OF COUNTY COMMISSIONERS 14 REGULAR MEETING JANUARY 12, 2006