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HomeMy WebLinkAboutbocc.min.reg.01262005 PITI(IN COUNTY COMMISSIONERS REGULAR MEETING AGENDA Plaza One Conference Room WEDNESDAY~ JANUARY 26~ 2005 2:00 PM ADDITIONS/DELETIONS TO AGENDA PROCLAMATIONS, PUBLIC COMMENT, COMMISSIONER COMMENTS, CONSENT ACTIONS 1. Minutes of 1/12 Regular Meeting, 11/16/04 Special Meeting, 1/18 Special Meeting and 1/6, 1/11 Work Sessions BOCC Convenes as Board of Health 2. Resolution Approving Community Service Block Grant, Susan Berdahl BOCC ~4djourns as Board of Health CONSENT PUBLIC HEARING - 2na Readin~ 3. Ordinance Authorizing Contract for Conservation Easement Acquisition on Crystal Island Ranch, Dale Will ADMINISTRATIVE ACTIONS Motion to Reconsider Resolution 2005-001 LAND USE CONSENT PUBLIC HEARINGS 1. Rezoning - Rural Remote, st · . . to 2/23/05), C. Houben 1 Reading, Public Hearing (PN 12/25/05) (cont'd from 1/12/05) (cont'd 2. Woody Creek Subdivision/PUD, Rezoning, Road Vacation 1st Reading, Public Hearing (PN 12/25/05) (cont'd to 2/23/05), E. Louthis 3. Smuggler Result 1041 HR, Conceptual Submission, Special Review, GMQS Exemption & Modification of County Road Maintenance Classification (PN 10/16/04) (cont'd from 12/15/04 at request of Applicant) (cont'd to 2/9/05), S. Wolff 4. Payson Special Review to Exceed 15,000 square feet (PN 12/25/05) (cont'd to 2/9/05 at request of Applicant), E. Louthis 5. Code Amendment Creating Transitional Residential- 1 (TR- 1) and Rezoning Transitional- 1 (TR- 1) Zone District, st . C. Houben 1 Reading, Public Hearing (PN 12/25/05) (cont'd from 1/12/05) (cont'd to 2/23/05) LAND USE PUBLIC HEARINGS 6. Code Amendment Creating Transitional Residential-2 (TR-2), and Rezoning Transitional Residential-2 (TR-2) Zone District, 2nd Reading, Public Hearing (PN 12/25/04), C. Houben LAND USE ACTIONS 7. Siemel Appeal (cont'd from 1/12/05), J. Schaffner BOCC OPEN DISCUSSION ADJOURN APPROVED FEBRUARY 9, 2005 MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR MEETING JANUARY 26, 2005 NOTE: For all staff memorandums and associated documents, including additional exhibits submitted, refer to the BOCC PACKET for January 26, 2005 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 Patti Clapper, Dorothea Farris and Michael Owsley COMMISSION MEMBERS ABSENT: Commissioners Jack Hatfield and Mick Ireland because of illness. ADDITIONS/DELETIONS TO AGENDA: Hilary Smith, County Manager, advised the Board that with respect to the Siemel Appeal the applicant has asked that his application be table. It was agreed that this matter should be pulled from the agenda at this time. Commissioner Farris asked that the Board entertain reconsideration of the CCI appointments. CONSENT ACTIONS: MINUTES OF REGULAR MEETING OF JANUARY 12, 2005 SPECIAL MEETINGS OF NOVEMBER 16, 2004 AND JANUARY 18, 2005, AND WORK SESSION MEETINGS OF JANUARY 6 AND JANUARY 11, 2005 - MOTION TO APPROVE - STAFF PERSON: JEANETTE JONES, CLERK TO THE BOARD OF COUNTY COMMISSIONERS Commissioner Farris moved approval of the minutes from previous meetings. Commissioner Owsley seconded the motion. Motion passed unanimously. BOARD OF COUNTY COMMISSIONERS 1 REGULAR MEETING JANUARY 26, 2005 BOCC CONVENES AS THE BOARD OF HEALTH Commissioner Farris moved to convene as the Board of Health. Commissioner Clapper seconded the motion. Motion passed with three yea votes. Commissioners Ireland and Hatfield not present. RESOLUTION APPROVING THE 2005-2006 COMMUNITY SERVICE BLOCK GRANT APPLICATION - MOTION TO APPROVE - STAFF PERSON: SUSAN BERDAHL, COMMUNITY SERVICES CONTRACT MANAGER Commissioner Clapper opened the hearing to public comment. There being no comment, she thanked staff for their work on this application and entertained a motion from the board. Commissioner Farris moved approval of the Resolution approving the 2005-2006 Community Service Block Grant Application. Commissioner Owsley seconded the motion. Motion passed with three yea votes. Commissioners Ireland and Hatfield not present. Commissioner Farris moved to adjourn as the Board of Health and reconvene as the Board of County Commissioners. Commissioner Owsley seconded the motion. Motion passed with four yea votes. Commissioners Ireland and Hatfield not present. CONSENT PUBLIC HEARINGS: SECOND READING AND PUBLIC HEARING - ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO 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 - STAFF PERSON: DALE WILL, OPEN SPACE AND TRAILS DIRECTOR Commissioner Clapper opened the hearing to public comment. There being no comment, she closed the public hearing and brought the matter back to the Board for action. Commissioner Farris moved approval of the Ordinance. Commissioner Owsley seconded the motion. Motion passed with three yea votes. Commissioners Ireland and Hatfield not present. ADMINISTRATIVE ACTIONS: MOTION TO RECONSIDER RESOLUTION 2005-001 BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING JANUARY 26, 2005 Commissioner Farris moved to reconsider this resolution. Commissioner Clapper seconded the motion. Commissioner Farris explained that a person and an alternate has been appointed to CCI and CCI does not recognize the position of alternate. If the appointment person cannot be there any board member, from that board, can be there and participate in the discussion. She said she understood the appointments when they were made and she feels, for her, it is extremely important for her to serve on and work with the Public Lands Committee, which has been working together for several years. Additionally, she said she serves on the National Public Lands Commission, which is an extension of CCI, she would like to be a participant there, and with the way it is structured, she is unable to do that. Therefore, she would like to be appointed to the Public Lands Committee. Commissioner Clapper called the question on the motion to reconsider the resolution. Motion passed with two yea votes with Commissioner Owsley voting nay. Chairperson Clapper suggested that this matter be continued to the next meeting pending the other two commissioner members being present. LAND USE CONSENT PUBLIC HEARINGS: FIRST READING AND PUBLIC HEARING - ORDINANCE REGARDING REZONING - RURAL REMOTE - MOTION TO CONTINUE TO FEBRUARY 23, 2005 - STAFF PLANNER: CINDY HOUBEN FIRST READING AND PUBLIC HEARING - REGARDING WOODY CREEK SUBDIVISION/PUD, REZONING, ROAD VACATION - MOTION TO CONTINUE TO FEBRUARY 23, 2005 - STAFF PLANNER: EZRA LOUTHIS SMUGGLER RESULT 1041 HAZARD REVIEW, CONCEPTUAL SUBMISSION, SPECIAL REVIEW, GMQS EXEMPTION AND MODIFICATION OF COUNTY ROAD MAINTENANCE CLASSIFICATION - MOTION TO CONTINUE TO FEBRUARY 9, 2005 - STAFF PLANNER: SUZANNE WOLFF PAYSON SPECIAL REVIEW TO EXCEED 15,000 SQUARE FEET- MOTION TO CONTINUE TO FEBRUARY 9, 2005 AT THE REQUEST OF THE APPLICANT- STAFF PLANNER: EZRA LOUTHIS CODE AMENDMENT CREATING TRANSITIONAL RESIDENTIAL - 1 (TR-1) AND REZONING TRANSITIONAL- 1 (TR-1)ZONE DISTRICT- MOTION TO CONTINUE TO FEBRUARY 23, 2005 BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING JANUARY 26, 2005 Chairperson Clapper opened the above public hearings to public comment. There being no comment, she closed the public hearings and entertained a motion from the Board. Commissioner Owsley moved approval of this portion of the agenda. Commissioner Farris seconded the motion. Motion passed with three yea votes. Commissioners Ireland and Hatfield not present. SECOND 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 AS AMENDED - STAFF PLANNER: CINDY HOUBEN, COMMUNITY DEVELOPMENT DIRECTOR Cindy Houben, Community Development Director, gave a presentation on this item as contained in her memorandum to the Board included in the BOCC packet for this meeting. Ms. Houben listed the following amendments to the legislation, which have been suggested by staff, as follows: II. Uses B. Special Review Accessory Uses: Revise language to say "Special Review" only; eliminate 1. Home occupations, 2. Trails and 3. Camping for fewer than 14 consecutive nights. Add a No.1, which says "Mining" and a No. 2, which says "Trails" C. Prohibited Uses: Change the language, which says 1. Any and all uses not listed as allowed principal uses or special review accessory uses - delete the word "accessory". Add a new III A. 4. which states: Property subject to more than one zoning designation. This provision applies to only those properties that are subject to more than one zone district and at least one of the zone districts is TR-2. If development occurs in an area of the property not zoned TR-2, pursuant to a PUD approval, then the area of the entire property, including the portion zoned TR-2, shall be considered for density purposes according to the density allowed in the area to be developed. If the development occurs in an area of the property zoned TR-2, then the provisions and restrictions of the TR-2 zone shall control the development. BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING JANUARY 26, 2005 Commission members concurred that the legislation should be amended to incorporate staff's recommended changes. Ms. Houben referred to the proposed zoning map, which was published with the legislation, which she said shows that the 8200 elevation line as the line for the distinction between TR-2 and AFR-10. She said to be consistent with what has happened on those properties she thinks the line needs to be slightly revised. She proceeded to review the proposed line change with commission members. Chairperson Clapper opened the hearing to public comment. Chris Preusch, with Smuggler Mine, said he agrees with the process of down zoning in general, and he does understand its intent. He said for 40 years Aspen has provided him with a wonderful environment to grow in as well as his children. He said he feels we can come to a meeting of the minds on these issues and not compromise the development rights of the mine property. He said it is his hope to keep the channels open and to work on coming up with solutions suitable for all involved. Lenny Oates, representing the Timroth property reiterated his comments from the last meeting. He requested that the Timroth properties be excluded from the transitional zone district given that they are serviced by North Spruce Street, which is a paved road, an infrastructure has been installed, sewer service is available and they have well permits. Grafton Smith, representing Monty Loud, encouraged the Board to keep the Stangler and the Joplin houses out of the transitional zone district. Commissioner Farris moved to leave the line as presented. To not change the boundaries for those properties, which have a vested property right and the vested property right continue to exist. Mr. Oates asked if they could consider Parcel C and that extended vesting, as a part of that consideration by the Board. Mr. Oates was told this would be acceptable. Commissioner Owsley seconded the motion. Motion passed with three yea votes. Commissioners Ireland and Hatfield not present. Brian Gonzales, representing The Reserve at Smuggler Mountain, option holders on the Wilkinson properties, referred to his letter offering detailed comments on the proposed legislation. He said it appears to him that the county is turning to what he would term predatory zoning, which would basically destroy the value of the property in order to acquire it for a song, which is in violation of the constitution and any number of other laws in this country. He said his group is BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING JANUARY 26, 2005 serious about developing the property and they are willing to work with the county to come up with a suitable development proposal. A copy of his letter is contained in the BOCC packet for this meeting. Ron Garfield spoke in support of the Ordinance as proposed to preserve the face of Smuggler Mountain. Jackie Parker Sporick said she loves open space but she also believes in the constitution and people's rights and she feels that people should be paid for their land. Tulassi Wilkinson urged the Board to work with them to come up with a compromised solution that works for everyone. Dave Myler, representing Smuggler Ridge Associates, who are attempting to purchase the Contraban, the Result and the Della S from Tulassi and Jaya Wilkinson, reiterated his comments, which he offered at the last meeting on this matter. A copy of these comments is attached to the end of the BOCC Packet, for this meeting, under additional exhibits. Additionally, Mr. Myler said a desire to create a master plan does not justify an emergency. He also urged the board not to preclude TDR's John Kelley, representing, Mickey Flannigan, reiterated his comments from the last meeting on this matter. A copy of these comments is attached to the end of the BOCC packet, for this meeting, under additional exhibits. Chairperson Clapper closed the hearing to public comment. A discussion ensued by commission members with respect to what would be an appropriate cap on house size for this transitional zone district. Commissioner Farris explained that with homes of 3500 square feet, and larger, you begin to get incredible impact e.g. use of energy and natural resources. Therefore, she thinks there is a rational for limiting house size. Commissioner Owsley said the average size of the American home is 2500 square feet. So only in Aspen could you say that having a house slightly under the size of the American home, is a drastic measure. He said he thinks we as a community, and we as a country, have to get away from the thought that bigger is better and smaller is not appropriate. He thinks we need to look into the future and the commissioners are charged with that. He thinks it is appropriate to have a house that is slightly smaller than the average American house. He thinks we should be proud of that and we should go with that and be happy with it. Commissioner Clapper said she would feel comfortable with going 3500 square feet with the additional if you aggregate 50 acres or your preserve another site BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING JANUARY 26, 2005 within the district. She said to impact that mountain with a huge amount of use space with a huge amount of development is not in the best interest of this community or in the vision of this community. Commissioner Farris moved to assess the house size at 2500 square feet with an additional 1000 square feet based on incentives to either aggregate 50 acres or retire a development right on a property. Commissioner Owsley seconded the motion. Motion passed with three yea votes. Commissioners Ireland and Hatfield not present. Commissioner Farris moved approval of the Ordinance, as amended by staff including the zoning map attached. Commissioner Owsley seconded the motion. Motion passed with three yea votes. Commissioners Ireland and Hatfield not present. RESOLUTION DENYING THE SIEMEL APPEAL OF A DENIED BUILDING PERMIT APPLICATION - PULLED FROM THE AGENDA - TO BE ADDED TO A FUTURE AGENDA - STAFF PERSON: JOANNA SCHAFFNER, ZONING OFFICER ADJOURNMENT: Commissioner Farris moved to adjourn the meeting at 4:30 P.M. Commissioner Clapper seconded the motion. Motion passed unanimously. BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING JANUARY 26, 2005 J~ Cl ectfully su~ ~ette Jones rk to the Boar, ted, of County Commissioners Board of County Commissioners g\bocc\minutes~OO5~min.reg.01262005 BOARD OF COUNTY COMMISSIONERS 8 REGULAR MEETING JANUARY 26, 2005