HomeMy WebLinkAboutbocc.min.reg.02092005PITKIN COUNTY COMMISSIONERS REGULAR MEETING AGENDA
Plaza One Conference Room
WEDNESDAY, FEBRUARY 9~ 2005
2:00 PM ADDITIONS/DELETIONS TO AGENDA
Nick DeWolf Proclamation
PUBLIC COMMENT, COMMISSIONER COMMENTS
CONSENT ACTIONS
1. Minutes of 11/16/04, 11/23/04, 1/18/05, 1/25/05 Work Sessions and 1/26/05 Regular Meeting
2. Resolution Approving Citizen Board Appointments, Karen Sahr
3. Approving 2005 Project List, Jodi Smith
4. Resolution Authorizing a Grant Agreement with Great Outdoors Colorado, Dale Will
5. Resolution Amending Resolution 2005-001
6. Resolution Opposing SB05-062 Concerning Restrictions on Recreational In-Channel Diversions
CONSENT ACTIONS- 1st Reading~ Set for Public Hearing on 2/23:
7. Supplemental Appropriation to the 2004 Budget, Linda Kasden, Tom Jagow, Hilary Smith
LAND USE CONSENT ACTIONS
8. Shifrin Minor Amendment to Development Permit (continued from 12/15/04 at request of
Applicant), E. Louthis
LAND USE CONSENT PUBLIC HEARINGS
9. Grace Church Special Review, 1041 Hazard Review, CDU (PN 4/24/04) (cont'd from 1/12/05 at
request of Applicant), (cont'd to 3/23/05 at request of Applican0 E. Louthis
10. Public Works Rezoning, Subdivision Exemption, GMQS Exemption, Ordinance 1 st Reading (cont'd
from 1/12/05 at request of Applicant) (cont'd to 3/23/05 at request of Applicant) (PN 4/24/04), L.
Clarke
11. Payson Special Review to Exceed 15,000 Square Feet (PN12/25/04) (cont'd from 1/26/05 at request
of Applicant), E. Louthis
12. Hecht Special Review for Accessory Structures with Bathing Facilities (PN 1/9/05), S. Wolff
LAND USE PUBLIC HEARINGS
13. Snowmass Creek Ranch LLC, Special Review for Caretaker Dwelling Unit
(PN 1/9/05), S. Wolff
14. Smuggler Result 1041 HR, Conceptual Submission, Special Review, GMQS Exemption &
Modification of County Road Maintenance Classification (PN 10/16/04) (cont'd from 1/26/05), S.
Wolff
BOCC OPEN DISCUSSION
,te: There was an executive session convened at 5:15 p.m.
ADJOURN
APPROVED FEBRUARY 23, 2005
MINUTES
PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS
REGULAR MEETING
FEBRUARY 09, 2005
NOTE: For all staff memorandums and associated documents, including
additional exhibits submitted, refer to the BOCC PACKET for February 09,
2005
CALL TO ORDER: Chairperson Kay-Clapper called the regular meeting of the
Board of County Commissioners to order at 2:'10 PM.
COMMISSION MEMBERS PRESENT: Commissioners Patti Kay-Clapper,
Dorothea Farris, Jack Hatfield, Mick Ireland, and Michael Owsley
COMMISSION MEMBERS ABSENT: None
ADDITIONS/DELETIONS TO AGENDA: Hilary Smith, County Manager had
some additions to today's agenda. First, she handed in a corrected amended
Resolution appointing representatives to various boards, committees and
authorities. It amends Resolution #0'1-2005. Secondly, she added, under
Consent Actions, a Resolution of the Board that opposes Senate Bill #05-062
concerning restrictions on recreational in-channel diversions.
PROCLAMATION:
The Board of County Commissioners honored Mr. Nick DeWolf for his indelible
mark on the Pitkin County Community. Commissioner Ireland read the
Proclamation into the record.
PUBLIC COMMENT: None
COMMISSIONER COMMENT:
Chairperson Kay-Clapper announced the passing of Mr. Richard Stutsman,
husband of Dolores Stutsman and long time local who passed away on Monday
of this week. She also shared some personal experiences that she and her
family had with Mr. Stutsman.
CONSENT ACTIONS:
BOARD OF COUNTY COMMISSIONERS 1 REGULAR MEETING FEBRUARY 09, 2005
APPROVAL OF MINUTES OF THE BOARD OF COUNTY COMMISSIONERS'
WORK SESSIONS HELD ON NOVEMBER 16, 2004, NOVEMBER 23, 2004,
AND JANUARY 18, AND JANUARY 25, 2005 AND REGULAR MEETING
HELD ON JANUARY 26, 2005 - STAFF PERSON: JEANETTE JONES -
MOTION TO APPROVE
RESOLUTION APPOINTING MEMBERS TO CITIZEN BOARDS - STAFF
PERSON: KAREN SAHR - MOTION TO APPROVE
APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS OF THE
PITKIN COUNTY 2005 PROJECT LIST - STAFF PERSON: JODI SMITH -
MOTION TO APPROVE
RESOLUTION AUTHORIZING THE CHAIR TO EXECUTE A GRANT
AGREEMENT WITH THE STATE BOARD OF THE GREAT OUTDOORS
COLORADO TRUST FUND - STAFF PERSON: DALE WILL - MOTION TO
APPROVE
RESOLUTION AMENDING RESOLUTION #001-2005 APPOINTING
REPRESENTATIVES TO VARIOUS BOARDS, COMMITTEES AND
AUTHORITIES - STAFF PERSON: HILARY SMITH - MOTION TO APPROVE
RESOLUTION OPPOSING SENATE BILL #05-062 CONCERNING
RESTRICTIONS ON RECREATIONAL IN-CHANNEL DIVERSIONS - STAFF
PERSON: HILARY SMITH - MOTION TO APPROVE
Commissioner Farris moved approval of the Consent Action agenda.
Commissioners Owsley seconded the motion. Motion passed
unanimously.
Commissioner Ireland explained more in detail the purpose of the Resolution
opposing Senate Bill #05-062.
FIRST READING ON RESOLUTION PROVIDING SUPPLEMENTAL
APPROPRIATIONS TO THE 2004 BUDGET - STAFF PERSONS: LINDA
KASDEN, TOM JAGOW AND HILARY SMITH - MOTION TO APPROVE ON
FIRST READING AND SET SECOND READING TO FEBRUARY 23, 2005
Commissioner Hatfield had some questions regarding the numbers on the
Thomasville Lime Kilns expenditures with regard to a $7,000.00 difference
versus $70,000.00.
Hilary Smith said that she would have that question answered by the second
reading on February 23, 2005.
BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING FEBRUARY 09, 2005
Commissioner Farris moved to approve the Resolution providing
supplemental appropriations to the 2004 budget on first reading and set
second reading to February 23, 2005. Commissioner Hatfield seconded the
motion. Motion passed unanimously.
LAND USE CONSENT PUBLIC HEARINGS:
READING AND PUBLIC HEARING ON RESOLUTION APPROVING THE
GRACE CHURCH SPECIAL REVIEW, 1041 HAZARD REVIEW, AND
CARETAKER DWELLING UNIT (CONTINUED FROM JANUARY 12, 2005 AT
REQUEST OF APPLICANT) - STAFF PERSON: EZRA LOUTHIS - MOTION
TO CONTINUE TO MARCH 23, 2005 AT THE REQUEST OF THE APPLICANT
FIRST READING AND PUBLIC HEARING ON RESOLUTION APPROVING
THE PUBLIC WORKS SUBDIVISION EXEMPTION AND GMQS EXEMPTION
(CONTINUED FROM JANUARY 12, 2005 AT REQUEST OF APPLICANT
AND
FIRST READING AND PUBLIC HEARING ON ORDINANCE APPROVING
PUBLIC WORKS REZONING (CONTINUED FROM JANUARY 12, 2005 AT
REQUEST OF APPLICANT)STAFF PERSON: LANCE CLARKE - MOTION TO
CONTINUE TO MARCH 23, 2005 AT REQUEST OF APPLICANT
READING AND PUBLIC HEARING ON RESOLUTION APPROVING THE
MELINDA B PAYSON 1993 TRUST SPECIAL REVIEW TO EXCEED 15,000
SQUARE FEET OF FLOOR AREA WITHIN THE AFR-10 ZONE DISTRICT
(CONTINUED FROM JANUARY 26, 2005 AT REQUEST OF APPLICANT)
STAFF PERSON:EZRA LOUTHS -APPLICANT: MELINDA B PAYSON 1993
TRUST - MOTION TO CONTINUE TO FEBRUARY 23, 2005
READING AND PUBLIC HEARING ON RESOLUTION APPROVING THE
HECHT SPECIAL REVIEW - STAFF PERSON: S WOLFF - APPLICANT:
NIKOS HECHT AND ALISON HECHT - MOTION TO APPROVE
READING ON RESOLUTION REMOVING THE REQUIREMENT FOR AN ON-
SITE DEED RESTRICTED RENTAL UNIT ON LOT 4, OWL CREEK RANCH
SUBDIVISION, IN EXCHANGE FOR A CATEGORY 2 SALE UNIT - STAFF
PERSON: EZRA LOUTHIS -APPLICANT: GEORGE SHIFRIN - MOTION TO
APPROVE
Lance Clarke commented on the Melinda B. Payson 1993 Trust Special Review.
The applicant has indicated that he failed to post notice on this item and will have
to continue it.
BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING FEBRUARY 09, 2005
Commissioner Ireland moved to amend the Land Use Consent Public
Hearing agenda by continuing the Payson Special Review to February 23,
2005. Commissioner Hatfield seconded the motion. Motion passed
unanimously.
It was discovered that the Shifrin Minor Amendment to a Development Permit
was mistakenly placed on the Land Use Consent Public Hearing agenda when it
should have been placed under Consent Actions. However, the board had
already moved to approve it with the above items so it does stand approved.
Commissioner Farris moved approval of the Land Use Consent Public
Hearing agenda as noted. Commissioner Owsley seconded the motion.
Chairperson Kay-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:
READING AND PUBLIC HEARING ON RESOLUTION APPROVING SPECIAL
REVIEW APPROVAL TO THE SNOWMASS CREEK RANCH LLC
CARETAKER DWELLING UNIT - STAFF PERSON: S. WOLFF - APPLICANT:
SNOWMASS CREEK RANCH LLC - MOTION TO APPROVE THE SPECIAL
REVIEW APPROVAL WITH CONDITIONS
Suzanne Wolff made her presentation to the board as shown in her
memorandum dated February 09, 2005 shown in today's meeting packet. She
cited two letters of opposition that prompted this application being brought before
the board. Said letters are in the meeting packet and Mr. Tibor Stern, one of
those objecting, is present at today's meeting.
Tim McFlynn proceeded with his presentation as outlined in his November 22,
2004 letter to the Community Development Department shown in today's
meeting packet.
He stated that he was appearing today not in the capacity of an attorney, but as
the spokesperson and caretaker of the property for the last ten years since being
acquired by the current owners. And, in response to a question from
Commissioner Farris, he stated that he lives there 365 days a year.
Mr. McFlynn also gave a brief chronological history of the property as well as the
sizes and developments of neighboring ranches and subdivisions.
Regarding Mr. Stern's letter of objection, Mr. McFlynn addressed Mr. Sterns'
concerns about increased traffic and noise on the road running in front of his
BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING FEBRUARY 09, 2005
home. Mr. McFlynn said that the traffic would be the same as when the lower
cabin had been rented because that is the main entrance to the ranch.
Mr. McFlynn submitted a summary of Assessment regarding HB05-1229
concerning privately owned rent-controlled housing for the record. It is exhibited
with the meeting packet as Exhibit "A".
Chairperson Kay-Clapper opened the hearing to public comment.
Mollie Child, representing the Snowmass Capitol Creek Caucus spoke to the
board. She said that typically their Caucus would be against density, but the they
voted for this one. They may, however, want some restrictions placed upon it
such as number of residents allowed and length of the rental term.
At this time, Mr. Stern approached the board with his objections as stated in his
December 14, 2004 letter to the Community Development Director. Said letter
can be found in today's meeting packet. His said that he felt this request was to
get approval for what will become an income-generating unit.
Chairperson Kay-Clapper closed the public comment.
Discussion by the Commissioners ensued on this application as to whether or not
there were parcels in the county where there were more than one CDU on them.
Questions were asked whether the driveway could be extended so that people
wouldn't have to use the road in front of Mr. Stern; reminders were made to the
board that they would have to address the use of more AG buildings which, in
turn, could end up creating more traffic than this application; and discussion
ensued about other property owners getting 1,2 or even 3 CDU approvals to
create income generating units. The board also had concerns as this unit would,
in fact, be housing for more employees in the county and they didn't want to lose
that.
The board members appeared to be in agreement that if approved, some
restrictions should be placed on this.
Commissioner Owsley moved to approve the Caretaker Dwelling Unit
special review. Commissioner Ireland seconded the motion with the
following amendments. First, that the CDU will be resided in by no more
than four (4) people and that no more than two (2) of them unrelated so that
we don't have four (4) separate renters. Second, that the CDU must be
rented to a qualified employee of Pitkin County as defined in the Housing
Authority guidelines. Third, the minimum lease on the CDU would be for
one year and if the landlord couldn't find someone to live there, the
landlord will offer that through the Housing Authority for rental under the
same terms and conditions offered to the general public.
BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING FEBRUARY 09, 2005
Commissioner Owsley accepted Commissioner Ireland's second with
amendment and wanted to further amend it by prescribing access from the
first entrance past the Martin house rather than the other one. (For the
record, Mr. McFlynn clarified this by saying it was 5721 Snowmass Creek
Road rather than 5959 or 5979). Commissioner Ireland accepted
Commissioner Owsley's amendment.
Ms. Wolff had two things to add to the conditions motioned. One was that
the applicants would be required to provide a kitchen as stated in the
Housing Guidelines. And, the other issue is to provide septic as
Environmental Health has not found any permits existing for this cabin.
Commissioner Owsley and Commissioner Ireland will incorporate Ms.
Wolff's additions into their motions and seconds.
Mr. Stern said that there was one problem that he would like to bring to the
board's attention before the board takes their final vote. His concern was about
the bunkhouse.
Commissioner Farris said that it was on the map as something else.
Mr. McFlynn added that it was a shack and it was restored after he moved there.
Chairperson Kay-Clapper held up a map and said that it was on that map as a
shop and tack house.
Mr. McFlynn said that it has no plumbing, no kitchen and is not a residence.
There was no further discussion on this subject.
Commissioner Hatfield verified with staff that this type of issue would be clarified
while the Board works on the Land Use Code rewrite.
Chairperson Kay-Clapper called the question. Motion passed 3 to 2 with
Commissioners Hatfield and Ireland voting nay.
READING AND PUBLIC HEARING ON RESOLUTION DENYING THE
SMUGGLER RESULT 1041 HAZARD REVIEW, CONCEPTUAL SUBMISSION,
SPECIAL REVIEW AND GMQS EXEMPTION FOR A TDR RECEIVED SITE -
STAFF PERSON: SUZANNE WOLFF - APPLICANT: SMUGGLER RIDGE
ASSOCIATES LLC (contract purchaser) AND TULASI WILKINSON (owner) -
MOTION TO CONTINUE TO MARCH 09, 2005
Ms. Wolff began her presentation as shown in her memorandum to the board.
Said memorandum can be found in the meeting packet.
BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING FEBRUARY 09, 2005
During Ms. Wolff's presentation it was discovered and announced that the
applicant does have a well permit from the State for ordinary household purposes
only inside a single family dwelling and shall not be used outside the house for
any purpose.
Commissioner Farris asked for the size of the building site on this 7-acre site.
Mr. Dotson responded that it was about 12-13,000 square feet
Dave Myler, legal representative for the applicant introduced Paul Rakovich,
contract purchaser and Fred Cook.
Doug Dotson, planner for the applicant started with his part of the applicant's
presentation. His letter responding to staff and agency comments dated January
11, 2005 can be found in the meeting packet.
Mr. Dotson submitted a map to explain their thought of restricting any
development or part of the house on the affected ridge to a one-story section of
the house. Their goal then would be to pull the two-story section of the house
back beyond the ridge and starts dropping down. They have no intention of
lowering any of this area of the ridge. He thought that there might have been a
concern that pulling that down exposes more of the house. That's not their
intent.
Mr. Myler proceeded with his part of the presentation regarding the house size of
8,250 square feet which staff believes is too large.
Mr. Myler said they are prepared to offer, in the form of an agreement, a proposal
to pay an affordable housing impact fee based upon the formulas as set forth in
the draft ordinance now being circulated for approval. It would result in
$44,000.00. The Result, which is legally subdivided right now, is not required to
provide any affordable housing mitigation.
The applicants will be paying a road impact fee, Mr. Myler stated. They will be
improving the road in advance of construction. With regard to future
maintenance, he said that if it came down to approval or denial they would agree
to plow the road from where the County currently ends or where the plowing
currently ends. But, in all fairness, he added, he thinks that if they are paying
impact fees and taxes and there can be an agreement on the house size, the
County should pick up the plowing obligation.
It was further added by Mr. Myler that the applicants are willing to fix the road to
the level discussed.
BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING FEBRUARY 09, 2005
Temple Glassier, County Project Manager was quick to respond that fixing the
road to the level discussed was at the fire department's level, not at the County
level.
Mr. Myler also commented on sterilization of further development of the Della S
mining claim with is about 10-acres and is bisected by the County Road. It is
adjacent to a 35-acre piece owned by the County. Part of it is in the Transition
Zone and part of it is in rural/remote.
Ms. Glassier addressed the Access Management Plan currently being worked on
with regard to various service levels provided or not provided by the County.
After further discussion, particularly on the road maintenance, the
Commissioners had several comments.
Commissioner Hatfield said that he thinks 5750 square feet is more appropriate
in this area.
Commissioner Ireland said that he can't support 8250 on this site. And, that the
road impact fee is really restricted to capitol improvements, but not maintenance.
He said that he doesn't feel this is a County windfall as far as a road impact fee.
And, he said that he doesn't believe that a wider, smoother road is all that
beneficial. He said that he doesn't want to see the character of that road
changed.
One of Commissioner Farris' concerns was with regard to Wilk Wilkinson's letter
in the meeting packet. She said that Mr. Wilkinson had stated he did not have a
problem with this house as long as the various conditions stated in his letter had
already been met. She needs to know whether or not all of those conditions
have been met or will be met.
Chairperson Kay-Clapper opened the hearing to public comment. Hearing
none, she closed the public hearing.
Mr. Myler asked what was an appropriate house size on this property?
Mr. Ely responded that the property was subject to a rezoning that the board
affected about two weeks ago that showed a zoning change of 2500 with a
possible augmentation of 3500 square feet.
Chairperson Kay-Clapper stated that because the Contraband and the Result
applications were in and complete prior to that, they are not subject to that at this
point. They would be, she continued, if this application would be denied and had
to be brought back.
A discussion ensued on this issue.
BOARD OF COUNTY COMMISSIONERS 8 REGULAR MEETING FEBRUARY 09, 2005
Commissioner Hatfield said then that today's question is what is the board's
vision for that house size based upon what was adopted two weeks ago.
Commissioner Hatfield moved to enter Executive Session at 5:15 PM.
Commissioner Farris seconded the motion. Motion passed unanimously.
The board returned to their regular meeting at 5:24 PM.
Mr. Myler added that the applicants' expectations have always been that they
would do whatever upgrades the County would require to the road whether it's
the full super-highway approach or something more rural as Commissioner
Ireland suggested. If the snowplowing is an issue, they will plow the snow. He
said it wouldn't make or break their project. He doesn't see that as a reason for
denial.
Commissioner Hatfield said that he isn't sure if the criteria of the Code says the
County can put a lot of weight on the Access Management Plan, but we
understand where that's at and where it has to go. But, he continued, to him
that's a huge issue. To him the two most important issues before the board are
scenic overlay and special review criteria of the Code.
Commissioner Hatfield moved to deny per the resolution before the board.
Commissioner Farris seconded the motion.
Mr. Myler would like to suggest a continuation in order to come back with more
creative ideas regarding visual impacts.
Commissioner Ireland said that he believes in giving an applicant another chance
to amend their presentation.
Commissioner Farris stated that scenic quality and size are major issues
but the continuation needs to also include what is being protected by this
application being a TDR landing site and whether or not this site should be
a TDR landing site.
Commissioner Hatfield withdrew his motion and Commissioner Farris
withdrew her second.
Commissioner Hatfield then moved to continue this application to March
09, 2005. Commissioner Ireland seconded the motion. Motion passed
unanimously.
ADJOURNMENT:
BOARD OF COUNTY COMMISSIONERS 9 REGULAR MEETING FEBRUARY 09, 2005
Commissioner Hatfield moved to adjourn the regular meeting at 5:55 PM.
Commissioner Ireland seconded the motion. Motion to adjourn passed
unanimously.
BOARD OF COUNTY COMMISSIONERS 10 REGULAR MEETING FEBRUARY 09, 2005
Respec,~ly submittedi, //~
r issioners
Patti Kay-Clapl~ier
Chairperson of the Bo~trd of County Commissioners
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BOARD OF COUNTY C~MMISSIONERS 11 REGULAR MEETING FEBRUARY 09, 2005