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Home My WebLink Aboutbocc.min.reg.11162005 PITKIN COUNTY COMMISSIONERS REGULAR MEETING AGENDA PLAZA ONE CONFERENCE ROOM WEDNESDAY~ NOVEMBER 16~ 2005 2:00 PM ADDITIONS/DELETIONS TO AGENDA PROCLAMATIONS, National Hospice Month Proclamation, Susan Berdahl PUBLIC COMMENT, COMMISSIONER COMMENTS CONSENT ACTIONS 1. Minutes of 10/4, 10/5 Work Sessions and 11/2 Regular Meeting CONSENT ACTIONS- 1st Readings~ Set for Public Hearing on December 7: 2. Ordinance Approving Holy Cross Easements at the Airport, Dave Ulane CONSENT PUBLIC HEARING - 2na Readings 3. Ordinance Adopting the SH/82 Access Control Plan, Bud Eylar (to be continued to 12/7) 4. Ordinance to Acquire Smuggler Mountain Properties, John Ely LAND USE CONSENT PUBLIC HEARINGS 1. New Cingular Special Review for Cell Site at ARFF PH (PN 10/16/05), E. Louthis LAND USE CONSENT ACTIONS 2. Taylor Appeal of Lewis Earthrnoving Permit (to be continued to 12/21/05), L. Clarke LAND USE PUBLIC HEARINGS 3. Ross Appeal of Hearing Officer Determination PH (PN 10/16/05), S. Wolff LAND USE ACTIONS 4. Ashcroft Ski Touring/Pine Creek Cookhouse AH Mitigation, S. Wolff BOCC OPEN DISCUSSION ADJOURN (A dinner break is scheduled from 6:00 to 6:45 pm.) APPROVED DECEMBER 7, 2005 MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR MEETING NOVEMBER 16, 2005 NOTE: For all staff memorandums and associated documents, including additional exhibits submitted to the record, refer to the BOCC PACKET FOR NOVEMBER 16, 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 Dorothea Farris, Mick Ireland, Jack Hatfield, Michael Owsley and Patti Clapper ADDITIONS/DELETIONS TO AGENDA: Hilary Smith, County Manager asked that the Smuggler Mountain acquisition ordinance be continued to December 7, 2005, pending proper publication. PROCLAMATIONS: PROCLAMATION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO PROCLAIMING NOVEMBER NATIONAL HOSPICE AWARENESS MONTH PUBLIC COMMENT: John Wilcox appeared before the Board to request that the road accessing the Pine Creek Cookhouse and skiing area be closed due to the recent snowfall. It was agreed that the road could be closed, but that the gate be kept unlocked to allow hunters access out if necessary. Staff was directed to draft new language in the asset management plan to be specific to the date that the road would be closed in the future. COMMISSIONER COMMENTS: Commissioners gave comments on current local and state issues and sports events. CONSENT ACTIONS: APPROVAL OF MINUTES OF REGULAR MEETING OF NOVEMBER 2, 2005 AND WORK SESSIONS OF OCTOBER 4 AND OCTOBER 5, 2005 - MOTION BOARD OF COUNTY COMMISSIONERS 1 REGULAR MEETING NOVEMBER 16, 2005 TO APPROVE - STAFF PERSON: JEANETTE JONES, CLERK TO THE BOARD OF COUNTY COMMISSIONERS CONSENT ACTIONS - FIRST READINGS, SET FOR PUBLIC HEARING ON DECEMBER 7, 2005: FIRST READING - ORDINANCE APPROVING HOLY CROSS EASEMENTS AT THE AIRPORT - MOTION TO APPROVE ON FIRST READING AND SET FOR SECOND READING AND PUBLIC HEARING ON DECEMBER 7, 2005 - STAFF PERSON: DAVE ULANE, ASSISTANT AIRPORT DIRECTOR Commissioner Hatfield moved approval of the items on this portion of the agenda. Commissioner Farris seconded the motion. Motion passed unanimously. CONSENT PUBLIC HEARINGS: SECOND READING - ORDINANCE ADOPTING THE STATE HIGHWAY 82 ACCESS CONTROL PLAN - MOTION TO CONTINUE TO DECEMBER 7, 2005 - STAFF PERSON: BUD EYLAR, COUNTY ENGINEER SECOND READING - ORDINANCE AUTHORIZING THE PURCHASE, ACCEPTANCE AND ACQUISITION OF SMUGGLER MOUNTAIN PROPERTIES - MOTION TO CONTINUE TO DECEMBER 7, 2005 PENDING PROPER PUBLIC NOTICE- STAFF PERSON: JOHN ELY, COUNTY ATTORNEY Chairperson Clapper opened the hearings on this portion of the agenda, to public comment. Camilla Auger voiced approval of the Smuggler Mountain Ordinance and encouraged the board to move along with the acquisition as quickly as possible. There being no further comment, Chairperson Clapper closed the public comment portion of the hearings and brought the matters back to the board for action. Commissioner Farris moved to continue these two items to December 7, 2005. Commissioner Hatfield seconded the motion. Motion passed unanimously. SECOND READING - RESOLUTION GRANTING SPECIAL REVIEW AND MINOR AMENDMENT TO A DEVELOPMENT APPROVAL OF CINGULAR WIRELESS PCS, LLC FOR A TELECOMMUNICATION SITE ON TOP OF THE ARFF BUILDING AT THE AIRPORT - MOTION TO APPROVE BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING NOVEMBER 16, 2005 Commissioner Farris moved approval of the Resolution with the following amendment: Condition No. 5: All internal structures or devices associated with the Cingular telecommunication use shall be removed when the lease expires or when the use ceases. Commissioner Hatfield seconded the motion. Chairperson Clapper opened the hearing to public comment. Colleen Cousino, zoning consultant for Cingular gave a brief overview of their proposal. Commissioner Farris moved approval of the Resolution as amended. Commissioner Hatfield seconded the motion. Motion passed unanimously. LAND USE CONSENT ACTIONS: TAYLOR APPEAL OF LEWIS EARTHMOVING PERMIT- MOTION TO CONTINUE TO DECEMBER 21, 2005- STAFF PLANNER: LANCE CLARKE, ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR Commissioner Farris moved to continue this matter to December 21, 2005. Commissioner Hatfield seconded the motion. Motion passed unanimously. RESOLUTION DENYING THE ROSS APPEAL OF HEARING OFFICER DETERMINATION NO. 26-2005 - MOTION TO APPROVE APPEAL - STAFF PLANNER: SUZANNE WOLFF Applicant: Howard Ross Applicant's Representative: Glenn Horn Applicant's Request: Appeal of a finding of the Hearing Officer that an effluent pipe may not be installed below the existing staircase, which is located on slopes in excess of 45% where development is prohibited by Section 3-80-050.Cl.c.i of the Code. Suzanne Wolff gave a presentation on this application as summarized in her memorandum to the Board contained in the BOCC packet for this meeting. Glenn Horn, representing the applicant, gave an overview of their appeal as contained in his September 9, 2005 letter to the planning office. A copy of this letter is contained in the BOCC packet for this meeting. Mr. Horn represented BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING NOVEMBER 16, 2005 that the trench for the line will be hand dug under the existing staircase and that the existing staircase will be reconstructed. Commissioner Farris suggested that the appeal be granted with the condition that the line be placed underneath the staircase to avoid the width of disturbance. She suggested that if the appeal is approved that the following conditions be included: · The trench shall be hand dug. Appropriate construction techniques shall be employed to protect the stability of the slope. Care should be taken to avoid destabilizing the stairway foundations during construction. Disruption of the vegetation should be minimized the time trenches let open should be minimized or stated and backfill shall be compacted. Commissioner Farris moved to grant the appeal with the following findings and conditions of approval: · Recitals: 1. The BOCC finds that the functioning of the septic system could be compromised by use of a longer, more circuitous line, which is of considerable concern given the proximity of the septic system to the Roaring Fork River. 2. The BOCC further finds that installation of the line below the stairs will cause less harm and disturbance than if the line was installed within the existing driveway. · Conditions: 1. The existing staircase shall be replaced, and the effluent line shall be installed below the staircase. The trench for the effluent line shall be hand dug and the line shall be installed at a depth of 18 inches. 2. Appropriate construction techniques shall be employed to ensure that the stability of the slope is not affected. Disruption of vegetation shall be minimized, as the vegetation plays a part in stabilizing the slope. Larger trees shall not be removed. The time during which the trench is left open shall be minimized and the trench backfill shall be compacted. Commissioner Ireland seconded the motion. Motion passed unanimously. BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING NOVEMBER 16, 2005 ASHCROFT SKI TOURING AREA/PINE CREEK COOKHOUSE - AFFORDABLE HOUSING MITIGATION - NO ACTION TAKEN John Wilcox appeared before the board to discuss the issue of affordable housing mitigation for the Ashcroft Ski Touring Area/Pine Creek Cookhouse. A copy of his letter associated with this issue is contained in the BOCC packet for this meeting. John Ely, County Attorney advised the board that this matter was brought to the board for discussion purposes only that there has been no application submitted for consideration. After a discussion it was agreed that Mr. Wilcox should be required to comply with former agreements with respect to employee housing on site. ADJOURNMENT: Commissioner Farris moved to adjourn the meeting at 3:30 pm. Commissioner Ireland seconded the motion. Motion passed unanimously. BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING NOVEMBER 16, 2005 e~eCtfully summed, tte Jones l/ to the Board/of County Commissioners ~a~i Ka~-y- C~p~ee~, ~an Board of County Commissioners g\bocc\min utes~005\min.reg. 11 ~ 62005 BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING NOVEMBER 16, 2005