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HomeMy WebLinkAboutbocc.min.reg.09282005 PITKIN COUNTY COMMISSIONERS REGULAR MEETING AGENDA Plaza One Conference Room WEDNESDAY~ SEPTEMBER 28~ 2005 1:00 PM SPECIAL MEETING - EXECUTIVE SESSION ADJOURN EXECUTIVE SESSION 2:00 PM ADDITIONS/DELETIONS TO AGENDA PROCLAMATIONS, PUBLIC COMMENT, COMMISSIONER COMMENTS, CONSENT ACTIONS 1. Minutes of 8/23 and 8/24 Work Sessions, 8/23 Special Meeting and 9/14 Regular Meeting 2. Resolution Approving Bylaws for the Aspen/Pitkin Animal Shelter Advisory Board, Debbie Quinn 3. Resolution Appointing Members to Citizen Boards, Karen Sahr CONSENT ACTIONS- Ist Readings~ Set for Public Hearing on 10/12: 4. Ordinance Adopting Access Control Plan, Bud Eylar 5. Ordinance Authorizing Quit Claim of Easement Along Upper Section of Red Mountain Road, Bud Eylar (to be continued to 10/12) 6. Ordinance Approving US Forest Service Lease for the Thomasville Communications Site, Renee Hassle 7. Resolution Authorizing Utility Cost Reimbursement Agreements with the Transportation Security Administration, Dave Ulane CONSENT PUBLIC HEARING - 2na Readings 8. Ordinance Granting Easement to Holy Cross at the Aspen/Pitkin County Airport, Dave Ulane LAND USE CONSENT PUBLIC HEARINGS 1. Conger Easement Vacation and Major Plat Amendment, 1st Reading & PH (PN 8/28/05), E. Louthis 2. Gaylord 1041 Hazard Review Conceptual Submission, Minor Plat Amendment and Road Vacation, lst Reading & PH (PN 8/28/05), S. Wolff 3. Compass/Apogee Associates Rezoning, Subdivision Exemption and PUB Master Plan Amendment, 1st Reading and PH (PN 8/28/05), S~ Wolff 4.Western Adventures Special Review for Snowmobile Operation (PN 8/14/05), L. Clarke 5.Flying Dog Ranch/Circle R Ranch Lot Line Adjustment, 1st Reading & PH (PN 8/28/05), S. Wolff LAND USE CONSENT ACTIONS 6.Diaz Appeal (cont'd to 10/26/05 at request of Applicant), J. Schaffner LAND USE PUBLIC HEARINGS 7. Morrow/Wingo Junction Ranch Subdivision/PUD Detailed Submission/Final Plat, Continued 1 st Reading, (cont'd from 8/24/05) (PN 7/24/05), S. Wolff 8. Dance Progressions LLC Special Review for Dance Studio in the B-2 Zone District (PN 8/28/05) 9. Code Amendment-Approval Limitations for Properties Currently in Review of Prior Development Actions, cont'd 1st Reading & PH from 8/24/05, (PN 8/14/05), J. Ely, C. Houben LAND USE ACTIONS 10.Morrow South Parcel Request for Constrained Lot TDRs, S. Wolff 11. Pitkin County Public Works Fueling Station PUB Rezoning, Special Review for Essential Governmental Facilities, GMQS Exemption for Essential Community Facilities, Subdivision Exemption for Parcels for Essential Community Facilities, 1041 Hazard Review, L. Clarke SPECIAL PUBLIC HEARING 12. Shapiro Appeal of Barnett 1041 Hazard Review (cont'd from 9/14/05) (Please bring materials previously distributed), L. Clarke BOCC OPEN DISCUSSION ADJOURN APPROVED OCTOBER 12, 2005 MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR MEETING SEPTEMBER 28, 2005 NOTE: For all staff memorandums and associated documents, including additional exhibits submitted to the record, refer to the BOCC PACKET FOR SEPTEMBER 28, 2005 ADDITIONS/DELETIONS TO 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 Mick Ireland, Jack Hatfield, Michael Owsley and Patti Clapper PUBLIC COMMENT: Commissioner Farris due to illness. COMMISSIONER COMMENTS: Commissioners gave comments on current local and state issues and sports events. CONSENT ACTIONS: MINUTES OF REGULAR MEETING OF SEPTEMBER 14, SPECIAL MEETING OF AUGUST 23 AND WORK SESSIONS OF AUGUST 23 AND 24, 2005 MOTION TO APPROVE - STAFF PERSON: JEANETTE JONES, CLERK TO THE BOARD OF COUNTY COMMISSIONERS RESOLUTION APPROVING BYLAWS FOR THE ASPEN/PITKIN COUNTY ANIMAL SHELTER- MOTION TO APPROVE STAFF PERSON: DEBBIE QUINN, ASSISTANT COUNTY MANAGER RESOLUTION APPOINTING MEMBERS TO CITIZEN BOARDS - ISABEL DAY, ALTERNATE REGULAR MEMBER TO THE BOARD OF ADJUSTMENT, PATRICK MCALLISTER, ALTERNATE MEMBER TO THE BOARD OF ADJUSTMENT- STAFF PERSON: KAREN SAHR, ADMINISTRATIVE SECRETARY BOARD OF COUNTY COMMISSIONERS 1 REGULAR MEETING SEPTEMBER 28, 2005 Commissioner Hatfield moved approval of the items on this portion of the agenda. Commissioner Clapper seconded the motion. Motion passed with four yea votes. Commissioner Farris not present. CONSENT ACTIONS - FIRST READINGS, SET FOR PUBLIC HEARINGS ON OCTOBER 12, 2005: FIRST READING - ORDINANCE ADOPTING THE STATE HIGHWAY 82 ACCESS CONTROL PLAN - MOTION TO APPROVE ON FIRST READING AND SET FOR SECOND READING AND PUBLIC HEARING ON OCTOBER 12, 2005 - STAFF PERSON: BUD EYAR, COUNTY ENGINEER FIRST READING - ORDINANCE AUTHORIZING THE QUIT CLAIM OF AN EASEMENT ALONG THE UPPER SECTION OF RED MOUNTAIN ROAD - MOTION TO CONTINUE TO OCTOBER 12, 2005 - STAFF PERSON: BUD EYLAR, COUNTY ENGINEER FIRST 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 ON FIRST READING AND SET FOR SECOND READING AND PUBLIC HEARING ON OCTOBER 12, 2005 - STAFF PERSON: RENEE HASSLE, PUBLIC WORKS FIRST READING - RESOLUTION AUTHORIZING UTILITY COST REIMBURSEMENT AGREEMENTS WITH THE TRANSPORTATION SECURITY ADMINISTRATION - MOTION TO APPROVE FIRST READING AND SET FOR SECOND READING AND PUBLIC HEARING ON OCTOBER 12, 2005 - STAFF PERSON: DAVE ULANE, ASSISTANT AIRPORT DIRECTOR Commissioner Hatfield moved approval of the items on this portion of the agenda. Commissioner Owsley seconded the motion. Motion passed with four yea votes. Commissioner Farris not present. CONSENT PUBLIC HEARINGS - SECOND READINGS: SECOND READING AND PUBLIC HEARING - ORDINANCE GRANTING AN UNDERGROUND RIGHT OF WAY EASEMENT TO HOLY CROSS ENERGY - MOTION TO APPROVE - STAFF PERSON: DAVID ULANE, ASSISTANT AIRPORT DIRECTOR Commissioner Hatfield moved approval of the Ordinance on second reading. Commissioner Owsley seconded the motion. BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING SEPTEMBER 28, 2005 Commissioner Clapper opened the hearing to public comment. There being no comment, she closed the public hearing and called the question. Motion passed with four yea votes. Commissioner Farris not present. LAND USE CONSENT PUBLIC HEARINGS: FIRST READING AND PUBLIC HEARING - ORDINANCE AUTHORIZING THE CONGER 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 FIRST READING AND SET FOR PUBLIC HEARING ON OCTOBER 12, 2005- STAFF PLANNER: EZRA LOUTHIS Applicant: SteYen Conger Applicant's Request: Subdivision Exemption for a Major Plat Amendment and a Street Easement Vacation to vacate the majority of a 30-foot easement that crosses a portion of his property. Commissioner Hatfield moved approval of first reading of the Ordinance and set for second reading and public hearing on October 12, 2005. Commissioner Ireland seconded the motion. Motion passed with four yea votes. Commissioner Farris not present. FIRST READING AND PUBLIC HEARING - ORDINANCE AUTHORIZING VACATION OF A PORTION OF BEAR CREEK LANE IN THE CRYSTAL RIVER PARK SUBDIVISION - MOTION TO APPROVE AND SET FOR SECOND READING ON OCTOBER 12, 2005 - STAFF PLANNER: SUZANNE WOLFF Applicant: Phillip and Carolyn Gaylord Applicant's Representative: Sherry Rubin Applicant's Request: A request 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. Chairperson Clapper opened the hearing on this matter to public comment. There being no comment, she closed the public hearing and brought the matter back to the board for action. Commissioner Hatfield moved approval of first reading of the Ordinance and set for second reading and public hearing on October 12, 2005. BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING SEPTEMBER 28, 2005 Commissioner Ireland seconded the motion. Motion passed with four yea votes. Commissioner Farris not present. RESOLUTION GRANTING APPROVAL OF THE GAYLORD 1041 HAZARD REVIEW, CONCEPTUAL SUBMISSION AND SUBDIVISION EXEMPTION FOR A MINOR PLAT AMENDMENT - MOTION TO CONTINUE TO OCTOBER 12, 2005 - STAFF PLANNER: SUZANNE WOLFF Applicant: Phillip and Carolyn Gaylord Applicant's Representative: Sherry Rubin Applicant's Request: A request 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. Commissioner Hatfield moved to continue first reading of the Resolution as written to October 12, 2005 pending second reading of the Ordinance. Commissioner Owsley seconded the motion. Motion passed with four yea votes. FIRST READING AND PUBLIC HEARING - ORDINANCE REZONING AREAS TO ACCOMMODATE A LOT LINE ADJUSTMENT BETWEEN PROPERTIES OWNED BY COMPASS AND APOGEE ASSOCIATES INC. - MOTION TO APPROVE AND SET FOR SECOND READING ON OCTOBER 12, 2005 - STAFF PLANNER: SUZANNE WOLFF Applicant: Compass/Apogee Associates 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 currently irrigated pasture entirely within the COMPASS property. The following approvals are required: · 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. Commissioner Hatfield moved approval of first reading of the Ordinance and set for second reading on October 12, 2005. Commissioner Owsley seconded the motion. Motion passed with four yea votes. RESOLUTION GRANTING APPROVAL TO AMEND THE COMPASS MASTER PLAN AND SUBDIVISION EXEMPTION FOR A MINOR PLAT AMENDMENT BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING SEPTEMBER 28, 2005 AND LOT LINE ADJUSTMENT BETWEEN COMPASS AND APOGEE ASSOCIATES INC. - MOTION TO CONTINUE TO OCTOBER 12, 2005 - STAFF PLANNER: SUZANNE WOLFF Applicant: Compass/Apogee Associates 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 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: The conveyance of 7.7 acres from COMPASS to Apogree-Lot 3 The conveyance of 3.189 acres from Apogee-Lot 3 and 0.235 acres from Apogee-Lot 4 to COMPASS · 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 to the Aspen Community School Master Plan to remove the parcel to be conveyed to Lot 3 and to add the parcels to be conveyed to COMPASS. Commissioner Ireland suggested that language should be added to the resolution which states that the previous grant in perpetuity is null an void. After a discussion it was agreed that the applicant and staff will work on the appropriate language to be brought back at the next meeting on this matter. Commissioner Hatfield moved to continue this Resolution as amended to October 12, 2005 pending approval of the above referenced Ordinance. Commissioner Ireland 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 with four yea votes. Commissioner Farris not present. RESOLUTION GRANTING APPROVAL FOR THE VAGNEUR (WESTERN ADVENTURES) SPECIAL REVIEW FOR SNOWMOBILE OPERATIONS - MOTION TO CONTINUE TO OCTOBER 12, 2005 - STAFF PLANNER: LANCE CLARKE, ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING SEPTEMBER 28, 2005 Applicant: Howard Vagneur Applicant's Request: A 10 year renewal of a special use approval for a snowmobile operation stated on United States Forest Service (USFS) lands in Lenado and Kobey Park Lance Clarke gave a presentation on this application as summarized in his memorandum contained in the BOCC packet for this meeting. Howard Vagneur requested that he be given approval (by the county) for an additional 500 extra days of operation (to be used on an as needed basis). He explained that the Forest Service as indicated that they would issue 400 service days for a total of 1500 days. A copy of his letter requesting these additional days is contained in the BOCC packet for this meeting. Commissioner Hatfield pointed out the language in Condition No. 6, which says "shall not exceed five days" and then it goes on to say how you "may request five additional days". Lance Clarke clarified that there have been a couple of instances when Mr. Vagneur had to request use of the five additional days. Commissioner Owsley asked if there is a review process for the other snowmobile operations (T-Lazy 7 and Blazing Paddles). Mr. Clarke replied that there are probably a dozen or more Forest Service permittees who have never come in to be permitted by Pitkin County, in fact, Howard is the only Forest Service permittee who has a permit with Pitkin County. He explained that staff has always been told not to press the issue unless they have complaints as they did with Howard's snowmobile operation. Commissioner Ireland referred to Condition No. 12 regarding housing impact fees. He questioned why there would be housing impact fees on this operation and not on other operations. Additionally, he questioned where the number of nine employees came from. Mr. Clarke responded that the nine employees number is the base line number of employees he had when he came in for a permit and at the time, the board was concerned about any expansion of employment and added this condition to give staff the opportunity to get mitigation if the number of employees exceeded nine. Commissioner Ireland suggested, and the board concurred that the potential housing impact fees should be deleted from Condition No. 12. BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING SEPTEMBER 28, 2005 A discussion ensued with respect to whether or not the applicant should continue to come in for a yearly view. It was agreed by the majority of the members that the application should be placed on a consent agenda yearly. Chairperson Clapper opened the hearing to public comment. Frank Peters and Daniel Delano appeared before the board to voice their concerns with respect to the Western Adventures operations. A copy of their written comments is attached to the end of the packet for this meeting, under additional exhibits. After a discussion with respect to concerns voiced by Mr. Peters and Mr. Delano associated with the impacts and additionally, the forest service permit language, it was the consensus of commission members that this application should be tabled pending having a representative of the forest service in attendance. Heather Morse voiced her concern with respect to impacts of the snowmobile operation on the roads in the Lenado area. Commissioner Hatfield requested a condition requiring an annual public hearing and that Condition No. 6 be re-written for clarification. He moved to continue this application to October 12, 2005. Commissioner Owsley seconded the motion. Motion passed with four yea votes. FIRST READING AND PUBLIC HEARING - 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 FIRST READING AND SET FOR SECOND READING ON OCTOBER 12, 2005 - STAFF PLANNER: SUZANNE WOLFF Applicant: George Stranahan, owner of the Flying Dog Ranch, and Rosemary's Circle R Ranch East LLC, owner of Parcel 1 of the Circle R Ranch Applicant's Representative: Jim Curtis Applicant's Request: Approval of a lot line adjustment to adjust the property boundary between the two properties to the centerline of Woody Creek Road. An additional parcel on the hillside to the south will be transferred from the Flying Dog Ranch to the Circle R Ranch in order to equalize the exchange of acreage. The applicants propose to dedicate a 60 foot road right-of-way along Woody Creek Road (30 feet on either side of the centerline of the road) to memorialize the location of the right-of-way as granted in deeds to the Woody Creek Toll Road Company (Book 93, Page 292 and Book 93, Page 289 BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING SEPTEMBER 28, 2005 Chairperson 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 Ireland moved approval of the Ordinance on first reading and set for second reading on October 12, 2005. Commissioner Hatfield seconded the motion. Motion passed with four yea votes. Commissioner Farris not present. LAND USE CONSENT ACTIONS: DIAZ APPEAL - MOTION TO CONTINUE TO OCTOBER 26, 2005 AT THE REQUEST OF THE APPLICANT - STAFF PERSON: JOANNA SCHAFFNER, ZONING OFFICER Commissioner Hatfield moved to continue this matter to October 26, 2005. Commissioner Owsley seconded the motion. Motion passed with four yea votes. Commissioner Farris not present. LAND USE PUBLIC HEARINGS: FIRST READING - RESOLUTION APPROVING THE MORROW/VVINGO JUNCTION RANCH SUBDIVISION/PUD DETAILED SUBMISSION AND FINAL PLAT- MOTION TO APPROVE ON FIRST READING AND SET FOR SECOND READING ON OCTOBER 12, 2005 Applicant: Robert T. Morrow Applicant's Representative: Mitch Haas Applicant's Request: To Subdivide the property into six lots and one tract: free market single family residential lots; one lot to contain employee housing, agricultural buildings and common uses; and a tract to be dedicated to Pitkin County Open Space for a limited use trailhead. Suzanne Wolff gave a presentation on this application including an overview of the outstanding issues as summarized in her memorandum contained in the BOCC packet for this meeting. Mitch Haas, representing the applicant proceeded to review the outstanding issues as follows: · Additional Information: five BOARD OF COUNTY COMMISSIONERS 8 REGULAR MEETING SEPTEMBER 28, 2005 · A. Title commitment and a boundary and improvement survey for the 12.086 acre conservation easement on land north of the Alexis Arbaney Ditch. Mr. Haas said he is concerned with the requirement that the title company must provide a title commitment by October 4th. It was agreed that the title commitment shall be submitted to the county attorney prior to acceptance of the conservation easement. B. Designate the historically irrigated areas to be preserved and provide draft lanqua,qe re,qardin,q he uses to be permitted within this area. Mr. Haas said they will provide the draft language. With respect to designating the historically irrigated areas to be preserved they were planning to doing that by note on the plat. It was agreed that the language should be memorialized in the resolution and such resolution referenced on the plat. C. Cost estimate for the improvements required in the Subdivision Improvements Aqreement. Mr. Haas explained that there are no public improvements associated with the application, but rather private improvements. So there is no cost for public improvements. Lance Clarke explained whether or not they are public roads or private roads the county requires a subdivision improvements agreement with a cost estimate. Mr. Haas said he would provide a cost estimate. D. CDOT chanqe in use permit to determine if improvements to the highway intersection are warranted: Mr. Haas said the permit was applied for and issued on May 11th with no public improvement requirements. He explained that It was sent to Bob Morrows' house in Basalt, but no one received it and therefore it was returned and ultimately expired. Sopris Engineers has resubmitted the same application to the same person who issued it this time with the permit to be sent to Sopris Engineers so they can get Bob's signature. The issue is that CDOT won't tell them when the permit will be issued but the first time it took a month. It was agreed that the permit shall be issued prior to recordation of the final plat. E. Uses to be permitted on Common Parcel 2: Mr. Haas said the uses they are envisioning are things like a picnic shelter, a fire permit, landscaping trails gazebo, fishing equipment and other similar issues approved by the community development department. BOARD OF COUNTY COMMISSIONERS 9 REGULAR MEETING SEPTEMBER 28, 2005 Condition No. 2 of the Resolution: Mr. Haas requested a one time contingency associated with the 180 days requirement for recordation of the final plat and associated documents. It was agreed that this amendment would be acceptable. Staff was directed to incorporate the appropriate language. · Condition No. 5 of the Resolution: Mr. Haas requested the same extension of time as discussed with Condition No. 2. It was agreed that this amendment would be acceptable if reasonable cause for an extension is shown. · Condition No. 6c of the Resolution: Mr. Haas said they have been referencing the deed restricted mitigation housing in the PUD guide. It was agreed that the condition would remain as written that the units should be designated on the plat. Condition No. 7(f) of the Resolution: Mr. Haas said since they have reconfigured the lots, the applicant would rather have Parcels Lot 1 and 2 be the fathering parcels. Additionally, where it says 90 days, amended to read "unless extended". It was agreed that these amendments would be acceptable. Condition No. 8(a) of the Resolution: Mr. Haas requested that the language be amended to read "Both units shall be restricted as "single family" Category 4 units. It was agreed that this amendment would be acceptable. · Condition No. 9 of the Resolution: Language changed to read Lots 3, 4 or 5. It was agreed that this amendment would be acceptable. Subdivision Improvements Aqreement Lan,qua,qe: Mr. Haas said he would like to affirm that the language in the subdivision improvements agreement is still acceptable if it is not amended in the resolution. It was agreed that this is the case. · Statutory Vested Property Ri,qhts: Mr. Haas requested that statutory vested property rights be granted for a period of 20 years. BOARD OF COUNTY COMMISSIONERS 10 REGULAR MEETING SEPTEMBER 28, 2005 Commissioner Clapper moved to grant a vesting right for a 20 year period. Commissioner Owsley seconded the motion. Commissioner Ireland suggested a 10 year vesting period. Chairperson Clapper called the question. Motion failed with two yea votes by Commissioners Owsley and Clapper and two nay votes by Commissioners Ireland and Hatfield. Commissioner Farris not present. Commissioner Hatfield moved to grant a 15 year vesting period. Commissioner Clapper seconded the motion. Motion passed with three yea votes with one nay vote by Commissioner Ireland. Commissioner Farris not present. Chairperson Clapper opened the hearing to public comment. Suzanne Wolff referred to an e-mail letter from Dr. Smock stating his approval of the application. Commissioner Hatfield moved approval of the Resolution as amended and set for second reading on October 12, 2005. Commissioner Owsley seconded the motion. Motion passed with four yea votes. Commissioner Farris not present. FIRST READING - RESOLUTION GRANTING A CONSTRAINED SITE TDR FOR THE MORROW SOUTH PARCEL TO ROBERT MORROW - MOTION TO APPROVE AS AMENDED AND SET FOR SECOND READING ON OCTOBER 12, 2005- STAFF PLANNER: SUZANNE WOLFF Applicant: Robert Morrow Applicant's Representative: Mitch Haas Applicant's Request: A determination whether the Morrow South Parcel is undevelopable or severely constrained in order to obtain one TDR in exchange for preservation of the parcel. The Community Development Department has determined that the parcel is constrained and is eligible for a TDR. Suzanne Wolff gave a presentation on this application as summarized in her memorandum contained in the BOCC packet for this meeting. Commissioner Hatfield moved approval of the Resolution granting a constrained lot with one TDR. Jody Edwards, representing the applicant, said he would like to amend their request. BOARD OF COUNTY COMMISSIONERS 11 REGULAR MEETING SEPTEMBER 28, 2005 Commissioner Hatfield withdrew his motion. Mr. Edwards said he would like to request three conditional TDR's. He said the property is just about 49 acres and zoned AF-R. He explained that if this wasn't a highly constrained lot, that they would probably end up with three free market units and one deed restricted affordable housing lot. He said one of the BOCC goals is to insure an adequate supply of TDR's (according to Clarion and Associates who are rewriting the code). He said they don't want to go to the market to buy TDR's and therefore, they are requesting that they be able to transfer three TDR's from this property to the Morrow property across the street. He proposed three TDR's but not free market TDR's only usable on the Morrow/VVingo Junction Subdivision. He said they feel this justifies all the equitable attributes of the property north of the highway in granting TDR's associated with this property. He said this also means that the Morrow/VVingo Junction Subdivision will not be drawing the limited supply of TDR's that already exist out there. It is also consistent with the number of free market lots that might have been possible if this was not a constrained lot. Additionally, since this property is critical wildlife habitat with riparian areas, which they would be stripping all the development rights off of, they would be happy to deed the 49 acres to open space and trails with an improvement survey and a title commitment if they require it. Lastly he said they would agree to a ten-year vesting period on the Wingo/Morrow Subdivision if they were to receive approval of this proposal. Commissioner Ireland moved to authorize the three TDR's across the street (to the Morrow property) subject to the conditions being reviewed by board at second reading. Commissioner Hatfield seconded the motion. Commissioner Owsley said he would feel more comfortable if the TDR's are used for the initial development rights on Lots 3, 4 and 5 of the Morrow/VVingo Subdivision. Jody Edwards said this would be acceptable to the applicant. Commissioner Ireland amended his motion to include this requirement. Commissioner Hatfield accepted this to his second. Commissioner Clapper called the question. Motion passed with four yea votes. Commissioner Farris not present. RESOLUTION APPROVING THE DANCE PROGRESSIONS, LLC SPECIAL REVIEW, GMQS EXEMPTION AND VESTED RIGHTS - MOTION TO APPROVE AS AMENDED - STAFF PLANNER: EZRA LOUTHIS Applicant: Dance Progressions LLC, Heather Starr-Kallas BOARD OF COUNTY COMMISSIONERS 12 REGULAR MEETING SEPTEMBER 28, 2005 Applicant's Representative: Glenn Horn, AICP Applicant's Request: Special Review approval and GMQS exemption to operate a children's dance studio in the B-2 zone district in the Aspen Airport Business Center (AABC). Lance Clarke gave a presentation on this application as summarized in staff's memorandum contained in the BOCC packet for this meeting. Commissioner Ireland moved approval of the Resolution approving the Dance Progressions application. Commissioner Clapper seconded the motion with a comment that she wants to make sure that someone is chauffeuring the children from the bus. Commissioner Owsley said he is all for flexibility but needs some assurance from the applicant with respect to their operation e.g. changes to the hours of operation. Commissioners asked the applicant to prepare a summary letter for the proposed operational parameters, which will be attached to the resolution of approval. Glenn Horn, representing the applicant agreed to write a clarification letter in terms of what the intent is so it is clear for monitoring purposes. Commissioner Ireland accepted this amendment to his motion. Commissioner Clapper accepted this to her second. Commissioner Clapper opened the hearing to public comment. Ms. Brown said her opinion about the changing zoning is that there is a shortage of commercial, service and warehouse space in the whole county and the city and the county both need these types of spaces. She further said parking is already a big problem in the Aspen Business Center. She explained that she doesn't want to stand in the way of the dance studio, but she thinks the commercial space that is left, needs to be retained. There being no further public comment, Chairperson Clapper closed the public hearing and called the question. Motion passed with four yea votes. Commissioner Farris not present. CONTINUED FIRST 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 ON FIRST READING AND SET FOR SECOND READING ON OCTOBER 12, 2005 - BOARD OF COUNTY COMMISSIONERS 13 REGULAR MEETING SEPTEMBER 28, 2005 STAFF PERSONS: CINDY HOUBEN, COMMUNITY DEVELOPMENT DIRECTOR, JOHN ELY, COUNTY ATTORNEY John Ely, County Attorney, gave a presentation on this matter as summarized in his memorandum contained in the BOCC packet for this meeting. Commissioner Ireland moved approval of first reading of the Ordinance and set for second reading on October 12, 2005. Commissioner Hatfield seconded the motion. Motion passed with four yea votes. Commissioner Farris not present. RESOLUTION DENYING THE PUBLIC WORKS FUELING STATION REZONING, SPECIAL REVIEW FOR ESSENTIAL GOVERNMENTAL FACILITIES, GMQS EXEMPTION FOR ESSENTIAL COMMUNITY FACILITIES, CONCEPTUAL SUBMISSION, 1041 HAZARD REVIEW, AND SUBDIVISION EXEMPTION FOR PARCELS FOR ESSENTIAL COMMUNITY FACILITIES - STAFF PLANNER: LANCE CLARKE, ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR Lance Clarke gave a presentation on this application as summarized in his memorandum to the board contained in the BOCC packet for this meeting. Commissioner Ireland moved approval of the Resolution denying the application with an amendment, which provides seven months to vacate the premises. Commissioner Hatfield seconded the motion. Motion passed with three yea votes with one nay vote by Commissioner Clapper. SPECIAL PUBLIC HEARING: SHAPIRO APPEAL OF BARNETT 1041 HAZARD REVIEW- MOTION TO CONTINUE TO OCTOBER 12, 2005 - STAFF PLANNER: LANCE CLARKE Commissioner Hatfield moved to continue this matter to October 12, 2005 pending Commissioner Farris' attendance. Commissioner Owsley seconded the motion. Motion passed with four yea votes. Commissioner Farris not present. ADJOURNMENT: Commissioner Clapper moved to adjourn the meeting at 6:30 PM. Commissioner Hatfield seconded the motion. Motion passed unanimously. BOARD OF COUNTY COMMISSIONERS 14 REGULAR MEETING SEPTEMBER 28, 2005 '~.~ spectfally su~ JC i~r~ettt oet hJe° n~oSa r; litted, ~f County Commissioners Patti Kay-Clapl~r, (~h~i~/n.{~n ' Board of County Commissioners g~bocc\minutes't2005\min.reg. 09282005 · BOARD OF COUNTY COMMISSIONERS 15 REGULAR MEETING SEPTEMBER 28, 2005