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HomeMy WebLinkAbout20070808minutes - APPROVED AUGUST 08, 2007 MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS SPECIAL MEETING JUNE 05. 2007 NOTE: For all staff memorandums and associated documents, including additional exhibits submitted to the record, refer to the BOCC PACKET FOR JUNE 05, 2007. " CALL TO ORDER: Chairman Michael M. Owsley called the Board of County Commissioners to order at 3:00 PM. COUNTY COMMISSION MEMBERS PRESENT: Michael M. Owsley, Patti Kay- Clapper, Dorothea Farris, Jack Hatfield and Rachel Richards. COMMISSION MEMBERS ABSENT: None Commissioner Farris moved to open the special meeting at 3:00 PM. Commissioner Richards seconded the motion. Motion passed 5 to O. FIRST READING ON ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY. COLORADO AUTHORIZING THE EXECUTION OF THE CONTRACT FOR PURCHASE OF LAST CHANCE CLAIM - MOTION TO APPROVE ON FIRST READING AND SET SECOND READING AND PUBLIC HEARING TO JUNE 27. 2007 STAFF PERSON: DALE WILL. DIRECTOR OPEN SPACE AND TRAILS: OWNER: MARJORY KEPHART Dale Will proceeded with his presentation to the board as outlined in his Agenda Item Summary. He recommends that the board authorize this contract. Commissioner Kay-Clapper moved to approve the Ordinance on first reading and set second reading and public hearing to June 27, 2007. Commissioner Richards seconded the motion. Motion passed 5 to O. READING ON RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY. COLORADO APPROVING A MINOR AMENDMENT TO A DEVELOPMENT PERMIT TO AMEND CONDITION NO.5 BOARD OF COUNTY COMMISSIONERS 1 SPECIAL MEETING JUNE OS, 2007 4dq) OF THE BOCC RESOLUTION NO. 046-2005 FOR THE WOODY CREEK SUBDIVISION - MOTION TO APPROVE. AS AMENDED STAFF PERSON: EZRA LOUTHIS. COUNTY PLANNER: APPLICANT: WOODY CREEK SUBDIVISION HOA: APPLICANT'S REPRESENTATIVE: BEACH RESOURCE MANAGEMENT Ezra Louthis gave the board his presentation as outlined in his staff memorandum. The applicant is requesting to amend Condition NO.5 of BOCC Resolution No. 046.2005. The applicant wants to amend this condition specifically in order to allow for 7 lots in the new portion of the Subdivision to be issued building permits, and that the residents be allowed to occupy the new units. The reasoning is that completion of the infrastructure requires that 7 trailers be removed due to their location, which is in the way of the utility lines, and the occupants of the 7 trailers need to have a place to move to. They have all purchased new lots, and they are requesting to move to their new locations. The removal of the 7 trailers will facilitate the completion of the overall infrastructure. The specific concerns discussed by the board today were: ,/ Sewer ,/ State approval ,/ Water ,/ Fire Safety The board had various questions for staff that were answered to their satisfaction. Jim Korpela of Beach Resource Management was hired by the Homeowners Association. The State has approved the expansion of the water system. He informed the board that the temporary water service to the 14 new lots is on target to make it by June 23. The temporary water connection has been established for those 14 new lots. The water tank and the new fire suppression pump station are on target for the end of July. The HOA has asked him to request that the Certificates of Occupancy (CO) be contingent upon the sewer, not the building permits. That way they get to work in parallel rather than in a finish to start relationship. Commissioner Hatfield wants language that's bulletproof and demands that people do not occupy before they get a CO, basically for health and safety reasons. He said even going as far as immediately red tagging, if necessary. And, he wants the language refined in A through I of the "summary requests" to make sure that it's all relevant. BOARD OF COUNTY COMMISSIONERS 2 SPECIAL MEETING JUNE OS, 2007 Commissioner Kay-Clapper moved to approve the Resolution approving a minor amendment to a development permit to amend Condition No.5 of the BOCC Resolution No. 046-2005 for the Woody Creek Subdivision, with the building permit issued now and that the CO is held off until the sewer infrastructure is completed and that the County will strictly enforce the residency issue of people not living in those trailers until they get a CO. Commissioner Hatfield seconded the motion. Mr. Korpela would like direction from the board with regard to expediting the building permits. Lance Clarke informed the board that staff would do that with the board's direction, but typically they do not do that. Staff and the board discussed this request. Mr. Clarke said that the ones that are in the way of the infrastructure do create a problem. If they are not expedited it is usually 6 to 8 weeks after submittal. Commissioner Kay-Clapper amended her motion to include the expedition of building permits for the 7 units that need to be moved. Mr. Korpela said that the other piece of this request is the homeowners who want to replace their existing trailers. He doesn't see an emergency there, but they want to be able to submit and have their building permits issued prior to the total project being done. Commissioner Hatfield accepted the amendment to Commissioner Kay- Clapper's motion. Motion passed 5 to O. BOARD OF COUNTY COMMISSIONERS 3 SPECIAL MEETING JUNE OS, 2007 Respectfully submitted, Lyndee R. Dean Clerk to the Board of County Commissioners Jeanette Jones Clerk to the Board of County Commissioners Michael M. Owsley Chairman of the Board of County Commissioners glbocclmin utes\2007106052007 BOARD OF COUNTY COMMISSIONERS 4 SPECIAL MEETING JUNE 05, 2007 APPROVED AUGUST 08, 2007 MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS SPECIAL JOINT MEETING WITH PLANNING & ZONING COMMISSION ON LAND USE CODE AMENDMENTS JUNE 05. 2007 NOTE: For all Power Point presentations, staff memorandums and associated documents, including additional exhibits submitted to the record, refer to the BOCC PACKET FOR June 05, 2007. CALL TO ORDER: Chairman Michael M. Owsley called the special meeting of the Board of County Commissioners to order at 4:07 PM. COUNTY COMMISSION MEMBERS PRESENT: Michael M. Owsley, Dorothea Farris, Patti Kay-Clapper, Jack Hatfield and Rachel Richards. COUNTY COMMISSION MEMBERS ABSENT: None PLANNING AND ZONING COMMISSION MEMBERS PRESENT: Paul Rudnick, John Howard, Mike Augello, Sidney Smock, Joseph Krabacher, and Marcella Larsen (John Howard had to leave early). ALSO PRESENT: John Ely, Cindy Houben, Ellen Sassano, Lance Clarke, Michael Kraemer, Dale Will MEMBERS OF THE PUBLIC WHO GAVE COMMENT DURING THIS MEETING: John McBride, Peter Martin and Ken Ransford, attorney for the Grange property The previous special meeting held today had not been adjourned in order to include this joint meeting. FIRST READING ON ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY. COLORADO. ADOPTING AN AMENDMENT TO THE PITKIN COUNTY LAND USE CODE SECTION 2-40. ADDING A NEW PROVISION FOR OPEN SPACE MASTER PLAN REVIEW AND PROCESSES. SECTION 2-40-170 - MOTION TO APPROVE. AS BOARD OF COUNTY COMMISSIONERS 1 SPECIAL MEETING JUNE 05, 2007 AMENDED. AND CONTINUE FIRST READING TO THE NEXT JOINT MEETING OF THE BOCC AND P&Z SCHEDULED FOR JUNE 26. 2007 Cindy Houben, Director of Community Development, addressed what has been done so far within these meetings and what will be coming up in future meetings. John Ely, County Attorney, proceeded with the presentation based upon the proposed Land Use Code Amendment to add a new provision for Open Space Master Plan Review and processes based upon his Agenda Item Summary dated June 05, 2007. The board members and the public gave their comments on this item. Questions from board members were answered to their satisfaction by Mr. Ely with some of them asking that he look into certain requests further. Some of the discussions were on TDR limitations, minor/major contract amendments, absolute restrictions of the Land Use Code, deed restricting property at time of approval, siting and environmental issues, and house sizes. Mr. Ely said that the boards may want to see this with the changes made so it would be brought back at the next joint meeting. The boards could look at it then before going on to second reading. P&Z MOTION - Commissioner Krabacher moved to recommend approval of the proposed Ordinance to the BOCC with staff and/or County Attorney to address: . The language regarding anonymity - make that clear that the board doesn't have to be unanimous, but you have to obtain approvals from the two boards and Community Development. . Under Section B-5 regarding TDRs - the 1 TDR per 70- acres was in John Ely's comments, not in the Ordinance. The recommendation is to add that (1 TDR per 70-acres). . The addition of Commissioner Kay-Clapper's wording. · A list to be developed of high priority items that cannot be varied such as riparian, stream setbacks and so on OR highlighting those variances when brought before the BOCC or Open Space Board. NOTE: John Ely added that the items that would most likely be looked at would be, possibly among others, slopes, wildfire, and wildlife. He would suggest the BOARD OF COUNTY COMMISSIONERS 2 SPECIAL MEETING JUNE 05, 2007 following wording: "all other restrictions of the Land Use Code may be varied with limitations and highlighting" . . (included after discussion) 5750 on the free market and he believes the other part is self regulating (as written now). As the motion prompted additional discussion, John Ely restated the items to be addressed as follows: ,/ Approval of the proposed Code Amendment with corrections to the anonymity issue text with the addition of the 1 TDR per 70-acres which was just a staff recommendation prior to this, but will be added into the language ,/ The 3 wordsmithing changes made by Commissioner Kay-Clapper - the word whatever, the word parameters, and the word either. ,/ Correct the variance language in Section B-4 to allow this sentence to stand with the addition of limitations and highlighting of any variances that are corrected through the recommendation of approval process. ,/ The limitations are the only thing that's left undefined which will be defined and brought back. ,/ ALSO TO BE INCLUDED - Commissioner Kay-Clapper's remarks about a recommendation for approval for a certain level of development activity from Community Development and from Open Space Trails and it gets to the BOCC and the BOCC says no. The previous recommendations do not imply an appropriate level of development. It is only associated with this Master Plan process. Commissioner Larsen seconded the motion. Motion passed 3 to1 with Chairman Rudnick voting nay and Commissioner Augello recusing himself as he had not received the packet prior to the meeting. (Commissioner Howard no longer present) BOCC MOTION - Commissioner Richards moved to accept the P&Z recommendation and continue the first reading of the Ordinance to the next BOARD OF COUNTY COMMISSIONERS 3 SPECIAL MEETING JUNE 05, 2007 joint meeting scheduled for June 26,2007. Commissioner Farris seconded the motion. Motion passed 4 to 1 with Commissioner Hatfield voting nay. CONTINUED FIRST READING AND PUBLIC HEARING ON ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY. COLORADO. AMENDING THE LIMITED DEVELOPMENT CONSERVATION TOR & VISUALLY CONSTRAINED SITES TOR PROVISIONS & PRIOR CONVEYANCE OF A CONSERVATION EASEMENT PROVISIONS: CARETAKER DWELLING UNIT. SLOPE DENSITY REDUCTION. FLOOR AREA MEASUREMENT & DEFINITION FOR CRAWL SPACE PROVISIONS OF THE LAND USE CODE - MOTION TO APPROVE SIMPLE CLARIFICATIONS TO TDR TRANSFER CRITERIA (SEC 6-70-(0): MOTION TO APPROVE CLARIFICATION FOR LIMITED DEVELOPMENT TORS (SEC. 6-70-(0); MOTION TO APPROVE SIMPLE CLARIFICATION TO CRITERIA FOR TDR TRANSFERS (CRITERIA FOR VISUALLY CONSTRAINED SITE TDRS - SEC. 6-70-(0); MOTION TO APPROVE. ON FIRST READING SUBJECT TO REDRAFTED LANGUAGE THE PRIOR CONVEYANCE OF A CONSERVATION EASEMENT (SECTION 6-70-40 (a) (11) NEW SECTION. AS AMENDED Chairman Owsley opened the hearing to public comment. The following simple clarifications can be found in the slide presentation attached to today's meeting packet. y SIMPLE CLARIFICATIONS TO CRITERIA FOR TDR TRANSFERS (SECTION 6-70-(0): After staff answered questions from the boards the following motion was made by Planning and Zoning. P&Z MOTION - Commissioner Krabacher moved to recommend to the BOCC that they approve the clarification that all residential and accessory structures (with exception of AG structures) must have existed on or before December 06, 2006 (date of adoption). Commissioner Rudnick seconded the motion. Motion passed 5 to O. BOCC MOTION - Commissioner Richards moved to accept the P&Z recommendation. Commissioner Kay-Clapper seconded the motion. Motion passed unanimously 5 to O. y CLARIFICATION FOR LIMITED DEVELOPMENT TORS: P&Z MOTION - Commissioner Krabacher moved to recommend to the BOCC that they approve the clarification to allow for 20-year vesting to coincide with other conservation development provisions. Also, allow BOARD OF COUNTY COMMISSIONERS 4 SPECIAL MEETING JUNE 05, 2007 approval period for activity envelope to coincide with 20-year vesting period. And, the clarification that 1000 s.f. for caretaker unit is allowed IN ADDITION TO 5,750 s.f. of exempt floor area allowed for primary residence. Commissioner Larsen seconded the motion. Motion passed unanimously 5 to O. BOCC MOTION - Commissioner Kay-Clapper moved to accept the P&Z recommendation. Commissioner Richards seconded the motion. Motion passed unanimously 5 to O. y SIMPLE CLARIFICATIONS TO CRITERIA FOR TOR TRANSFERS (SECTION 6-70-(0) - CRITERIA FOR VISUALLY CONSTRAINED SITE TORS P&Z MOTION - Commissioner Krabacher moved to recommend to the BOCC the approval of the change of the word "a" to the word "one". Commissioner Larsen seconded the motion. Motion passed 5 to O. BOCC MOTION - Commissioner Richards moved to accept the P&Z recommendation. Commissioner Kay-Clapper seconded the motion. Motion passed 5 to O. y PRIOR CONVEYANCE OF A CONSERVATION EASEMENT (SECTION 6-70-40(a) (11) (NEW SECTION) : The Section Intent - is to address eligibility for severance of TDRs on properties on which prior conveyance of a conservation easement has occurred. The Issue - the existing Code doesn't adequately address more and more common scenario, where conservation property owner wishes to convey a conservation easement and sell TDRs. BOCC Commissioners Richards and Hatfield do not believe that this is totally completed yet. Commissioner Richards said that she thinks the intent of this section must be fully addressed. Many of the board members agreed that the problem with this is "double- dipping". Further discussion ensued. P&Z MOTION - Commissioner Krabacher moved to recommend approval to the BOCC on first reading, SUBJECT TO some redrafted language that would first, have an explicit statement in the language of the Code that the issuance of TDRS is not permitted where a Conservation Easement has already been conveyed. Provided, however: . Pitkin County is a grantee of the conservation easement either alone or with other grantees. BOARD OF COUNTY COMMISSIONERS 5 SPECIAL MEETING JUNE 05, 2007 -".-"....--....-...-.....-...- · The language of the grant of conservation easement, which grant has been specifically accepted by Pitkin County, provides for eligibility of the property for TDRS, number of TDRS and the time within which such TDRS must be requested. · The grant and acceptance of the conservation easement has occurred after the date of (insert effective date of the amendment); and · The landowner agrees in writing to disclose the potential receipt of TDRS to the IRS and the Colorado Department of Revenue with reference to any past or anticipated claims regarding the gift value of conservation easement. And, taking into account that it needs to be clear that it's the same transaction being talked about. Commissioner Larsen seconded the motion. Motion passed 4 to 1 with Commissioner Smock voting nay as he doesn't think it's an arms length clean transaction. BOCC MOTION - Commissioner Kay-Clapper moved to accept the P&Z recommendation. Commissioner Farris seconded the motion. Motion passed 5 to O. STAFF DIRECTION - Commissioner Kay-Clapper reminded staff to capitalize all TDRS. Peter Martin of Redstone made the following comment with regard to constrained site TDRS. He referenced a portion that says something about the number shall be determined by the likely development potential of the property and the zone density. He said there are a lot of properties around Redstone that are zoned for 2-acres and 10-acres and so on. He said that they would never have a chance of being subdivided. He said that he thinks that is a bad thing to do and that the boards should look at that a little closer. ADJOURNMENT: Commissioner Hatfield moved to adjourn the meeting and continue the Public Hearing at 7:10 PM. Commissioner Kay-Clapper seconded the motion. Motion passed 5 to O. BOARD OF COUNTY COMMISSIONERS 6 SPECIAL MEETING JUNE 05, 2007 Respectfully submitted, Lyndee R. Dean Clerk to the Board of County Commissioners Jeanette Jones Clerk to the Board of County Commissioners Michael M. Owsley Chairman of the Board of County Commissioners Paul Rudnick Chairman of the Board of County Commissioners glbocclm inutes\2007lmin. spec. 06052007LUC. doc BOARD OF COUNTY COMMISSIONERS 7 SPECIAL MEETING JUNE 05, 2007 APPROVED AUGUST 08, 2007 MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS SPECIAL MEETING JULY 16. 2007 NOTE: For all staff memorandums and associated documents, including additional exhibits submitted to the record, refer to the BOCC PACKET FOR JULY 16, 2007. CALL TO ORDER: Chairman Michael M. Owsley called the Board of County Commissioners to order at 2:00 PM. COUNTY COMMISSION MEMBERS PRESENT: Commissioners Michael M. Owsley, Patti Kay-Clapper and Rachel Richards. COMMISSION MEMBERS ABSENT: Commissioners Dorothea Farris and Jack Hatfield. ALSO PRESENT: Aspen City Open Space and Trails Board members Hawk Greenway, Jesse Boyce and Anne Rickenbaugh; J.E. DeVilbis and Wayne Romero, Aspen City Councilmen and Aspen City Mayor Mick Ireland. Chairman Owsley welcomed the audience to today's special meeting. He explained that today's special purpose meeting was to hear from the Castle Creek residents and anyone else interested in the Castle Creek Trail. Dale Will, Director of Pitkin County Open Space and Trails briefly addressed the history of Open Space and Trails and trail creations themselves. He then went on to the specific item at hand, the bicycle/pedestrian Castle Creek Trail. The Castle Creek Trail is a proposed 4-foot wide paved path running directly adjacent to the Castle Creek Road for some 3,100 feet. It would connect the Music School and Aspen Country Day School to the Marolt housing project as well as a network of commuter trails. This trail project will require closure of the down valley lane of the road from the Aspen Music Festival and School campus to the Marolt Ranch Housing complex until Mid-October. The City of Aspen will split the 1.9 million cost of the paved trail with the County. BOARD OF COUNTY COMMISSIONERS 1 SPECIAL MEETING JULY 16, 2007 The residents of the Castle Creek Road area felt that their voices had been left out of the planning process. The County had sent notification to the homeowners through the Castle Creek Caucus. It was later discovered that the Caucus had lapsed. The following people were in attendance and gave public comment on the specific topic of the Castle Creek Trail: Heidi Houston, Jack Silverman, Eddie Wachs, David Press, Simon Pinninger, David Bentley, Bob Raphaelson, John Wilcox, Martin (last name unknown), Jay Sandrich, Dick Butera, David Lenyo, Fred Peirce and Boots Ferguson (audience members on the Aspen Open Space and Trails board), John Busch, Richard Gordon, Allen Tucker, Lenny Oates, Joe Wells, and Scott Hicks. The main reasons the majority of residents present had against this proposed trail were the following: ,/ Traffic impacts ,/ Aesthetics of a retaining wall that will be visible to adjacent landowners ,/ A true need for the trail ,/ Cutting down upward of 400 trees and other mature vegetation ,/ Cost benefit of a 1.9 million trail that some think only a few people will utilize ,/ Loss of business (in the case of the Pine Creek Cookhouse) due to traffic delays ,/ Notification of property owners The Aspen Music School and the Aspen Country Day School were both in support of this trail and predicted the trail would see use by both their students and faculty. John Busch and David Bentley were both in favor of this project a well and looked to the safety issue of keeping people from walking on the road itself and the fact that it was a needed trail. Kiewit Construction plans to install signals to allow alternating the one lane of Castle Creek Road that will remain open. The Commissioners said that they would like to see less than 10 minutes for backed-up traffic and flaggers to help during the busier times of the day. Though most thought delaying the project would only increase the cost of construction, Chairman Owsley wanted to put off construction for two months, likely delaying the project until the spring when traffic impacts would not be as significant. The delay, he added, would give the County time to consensus the neighborhood. BOARD OF COUNTY COMMISSIONERS 2 SPECIAL MEETING JULY 16, 2007 Chairman Owsley moved to delay the project plan period for two (2) months. Motion died for lack of a second. Both Commissioner Richards and Kay-Clapper were in agreement that the project should move forward citing safety issues. Commissioner Richards made a motion to move forward with the Castle Creek Trail project with Kiewit Construction within one week to ten days with a traffic management plan in place, an increase of hours Kiewit would work and a re-vegetation plan. Commissioner Kay-Clapper seconded the motion, adding to involve the public in the re-vegetation plan as well as the wall building plans. Commissioner Richards was acceptable to this addition to her motion. Chairman Owsley called the question. Motion passed 2 to 1 with Chairman Owsley voting nay with Commissioners Hatfield and Farris not present. ADJOURNMENT: Commissioner Kay-Clapper moved to adjourn the special meeting at 4:31 PM. Commissioner Richards seconded the motion. Motion passed 3 to 0 with Commissioners Hatfield and Farris not present. BOARD OF COUNTY COMMISSIONERS 3 SPECIAL MEETING JULY 16, 2007 APPROVED AUGUST 08, 2007 MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR MEETING JULY 11. 2007 NOTE: For all staff memorandums and associated documents, including additional exhibits submitted to the record, refer to the BOCC PACKET FOR JULY 11, 2007. CALL TO ORDER: Chairman Michael M. Owsley opened the regular meeting of the Board of County Commissioners at 12:00 PM. COUNTY COMMISSION MEMBERS PRESENT: Commissioners Michael M. Owsley, Jack Hatfield and Rachel Richards. COMMISSION MEMBERS ABSENT: Commissioner Dorothea Farris was attending a NACO meeting and Commissioner Patti Kay-Clapper was out on medical leave. ADDITIONS/DELETIONS/CHANGES TO THE AGENDA: Hilary Fletcher, County Manager, informed the board that an addition to the agenda will be item number 11 under Land Use Action. It is an Emergency Ordinance regarding a temporary moratorium. Lance Clarke, Assistant Director of Community Development, announced that the Mollie Gibson Park item under the Land Use Public Hearings will be continued to July 25, 2007 at the request of the applicant. Mr. Clarke also announced that item number 10 under Land Use Actions entitled 70/48 Riverbend Road (Russell) Earthmoving/Floodplain permit will be continued to a date not yet determined at the request of the applicant. PUBLIC COMMENT: There was no public comment. COMMISSIONER COMMENTS: BOARD OF COUNTY COMMISSIONERS 1 REGULAR MEETING JULY 11, 2007 Commissioner Richards noted the great 4th of July celebration here in Aspen. But, she also wanted to remind everyone that 700 troops have died since the war began and asked for a moment of silence. Commissioner Richards also thanked Senator Ken Salazar for coming to Aspen on July 3,2007 to participate in the Aspen Ideas Festival and to dedicate RFTA's four new hybrid busses. Commissioner Hatfield commented on the ceremony at the Aspen Senior Center which was renamed Whitcomb Terrace in honor of Dr. Whitcomb. He also gave an Entrance to Aspen update. Chairman Owsley gave his Woody Creek nature update on the flora and fauna of the area. CONSENT ACTIONS: READING ON RESOLUTION ESTABLISHING POLLING PLACES - MOTION TO APPROVE STAFF: JANICE K. VOS CAUDILL. COUNTY CLERK CONFIRMATORY READING AND PUBLIC HEARING ON EMERGENCY ORDINANCE AUTHORIZING EXECUTION OF THREE USE AND LICENSE AGREEMENTS WITH THE ST REGIS RESORT ASPEN. SNOW LIMOUSINE AND HY-MOUNTAIN TRANSPORTATION FOR TERMINAL COUNTER SPACES IN THE ASPEN/PITKIN COUNTY AIRPORT - MOTION TO APPROVE STAFF: JIM ELWOOD. DIRECTOR OF AVIATION AND DAVID ULANE. ASSISTANT AVIATION DIRECTOR/ADMINISTRATION There was no public comment given on the Emergency Ordinance. Commissioner Hatfield moved to approve both items under the Consent Actions portion of the agenda. Commissioner Richards seconded the motion. Motion passed 3 to 0 with Commissioner Farris and Commissioner Kay-Clapper not present. CONSENT ACTIONS _1ST READINGS. SET FOR PUBLIC HEARING ON JULY 2S, 2007: Questions on each of the items under this portion of the agenda were asked by board members. Therefore, an individual motion was made for each item after their questions were answered to their satisfaction. FIRST READING ON ORDINANCE AMENDING THE PITKIN COUNTY ASSET PLAN BY ADDING SECTION 3.12.0S AND AMENDING SECTIONS 1.6S(B), BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING JULY 11, 2007 (C) AND 1.66 - MOTION TO APPROVE AT FIRST READING AND SET SECOND READING AND PUBLIC HEARING TO JULY 25. 2007 STAFF: CARRINGTON BROWN. COUNTY ENFORCEMENT OFFICER AND BRIAN PETTET. DIRECTOR PUBLIC WORKS DIRECTION TO STAFF - Commissioner Richards asked for the following information at second reading. It's anticipated that the Ski Company will be, at some point, entering into a redevelopment of Buttermilk Ski Area Base Facilities, she said. She asked if this is something to be considered a little bit in the interim and then further agreements about base skier parking and potentially increase parking capacity be increased at that time? And secondly, she wondered if we could look back to the minutes of the approval of the Highlands Base Area approval that were related to the commitments of reduced parking at Highlands with the shuttle and how many spaces were anticipated that would be provided for base skier parking for use of the shuttles at that time. Commissioner Hatfield approved the Ordinance amending the Pitkin County Asset Plan at first reading and set second reading and public hearing to July 25, 2007. Commissioner Richards seconded the motion. Motion passed 3 to 0 with Commissioner Farris and Commissioner Kay- Clapper not present. FIRST READING ON ORDINANCE AUTHORIZING EXECUTION OF THE CONTRACT FOR PURCHASE OF JENSEN PROPERTY - MOTION TO APPROVE ON FIRST READING AND SET SECOND READING AND PUBLIC HEARING TO JULY 25. 2007 STAFF: BARB D'AUTRECHY. OPEN SPACE AND TRAILS Commissioner Richards moved to approve the Ordinance authorizing execution of the contract for purchase of the Jensen property at first reading and set second reading and public hearing to July 25, 2007. Commissioner Hatfield seconded the motion. Motion passed 3 to 0 with Commissioner Farris and Commissioner Kay-Clapper not present. FIRST READING ON ORDINANCE AUTHORIZING EXECUTION OF THE CONTRACT FOR PURCHASE OF VARIOUS PROPERTY INTERESTS FROM THE WILKINSON ESTATE - MOTION TO APPROVE ON FIRST READING AND SET SECOND READING AND PUBLIC HEARING TO JULY 25. 2007 STAFF: BARB D'AUTRECHY. OPEN SPACE AND TRAILS Commissioner Hatfield moved to approve the Ordinance authorizing execution of the contract for purchase of various property interests from the Wilkinson estate at first reading and set second reading and public hearing to July 25,2007. Commissioner Richards seconded the motion. Motion passed 3 to 0 with Commissioner Farris and Commissioner Kay- Clapper not present. BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING JULY 11, 2007 FIRST READING ON RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH EAGLE COUNTY AND THE TOWN OF BASALT FOR THE PURCHASE OF PROPERTY INTERESTS ON THE GRANGE RANCH - MOTION TO APPROVE ON FIRST READING AND SET SECOND READING AND PUBLIC HEARING TO JULY 25. 2007 STAFF: BARB D'AUTRECHY. OPEN SPACE AND TRAILS Commissioner Richards moved to approve the Resolution approving an Intergovernmental Agreement with Eagle County and the Town of Basalt for the purchase of property interests on the Grange Ranch. Commissioner Hatfield seconded the motion. Motion passed 3 to 0 with Commissioner Farris and Commissioner Kay-Clapper not present. FIRST READING ON ORDINANCE AUTHORIZING THE CHAIR TO EXECUTE THE NECESSARY DOCUMENTS TO CONVEY PITKIN COUNTY'S 40-ACRE COUGAR CANYON OUTPARCEL TO ROBERT P AND INGRID K GRUETER - MOTION TO APPROVE AT FIRST READING AND SET SECOND READING AND PUBLIC HEARING TO JULY 25. 2007 STAFF: JOHN ELY. COUNTY ATTORNEY Commissioner Hatfield was concerned about two development rights on the site. He said that he would withhold his final vote on this whenever it evolves and goes through the land use process. He will, however, vote for it today but will reserve that judgment in the end. Commissioner Richards was not in support of this contract. She said that she was supportive of listing the property for one development right, not for two. She said that if it was appropriate for two home sites then we should have listed it for sale for more money. Commissioner Hatfield moved to approve the Ordinance authorizing the chair to execute the necessary documents to convey Pitkin County's 40- acre Cougar Canyon Out parcel to Robert P. and Ingrid K. Grueter on first reading and set second reading and public hearing to July 25,2007. Chairman Owsley seconded the motion. Motion passed 2 to 1 with Commissioner Richards voting nay and Commissioner Farris and Commissioner Kay-Clapper not present. FIRST READING ON RESOLUTION REVISING AIRPORT LANDING FEES - MOTION TO APPROVE AT FIRST READING AND SET SECOND READING AND PUBLIC HEARING TO JULY 25. 2007 STAFF: TOM OKEN. COUNTY FINANCIAL OFFICER AND JIM ELWOOD. DIRECTOR OF AVIATION BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING JULY 11, 2007 Commissioner Hatfield moved to approve the Resolution revising airport landing fees at first reading and set second reading and public hearing to July 25, 2007. Commissioner Richards seconded the motion. Motion passed 3 to 0 with Commissioner Farris and Commissioner Kay-Clapper not present. CONSENT PUBLIC HEARING: PUBLIC HEARING ON ROARING FORK CONSERVANCY SPECIAL EVENT LIQUOR LICENSE - MOTION TO APPROVE STAFF: JEANETTE JONES. CLERK TO THE BOCC SECOND READING AND PUBLIC HEARING ON ORDINANCE AUTHORIZING EXECUTION OF THE CONTRACT FOR PURCHASE OF REDSTONE POWERHOUSE PROPERTY ..., MOTION TO CONTINUE TO JULY 25. 2007 STAFF: BARB D'AUTRECHY. OPEN SPACE AND TRAILS Commissioner Hatfield moved to approve the Roaring Fork Conservancy Special Event Liquor License and to continue the second reading and public hearing on the Redstone Powerhouse item to July 25,2007. Commissioner Richards seconded the motion. There was no public comment given. Chairman Owsley called the question. Motion passed 3 to 0 with Commissioner Farris and Commissioner Kay-Clapper not present. LAND USE CONSENT PUBLIC HEARINGS: MCBURNEY TDR CONSTRAINED SITE - MOTION TO CONTINUE TO JULY 25.2007 STAFF: SUZANNE WOLFF. SENIOR COUNTY PLANNER Commissioner Richards moved to continue the McBurney TDR constrained site to July 25, 2007. Commissioner Hatfield seconded the motion. Chairman Owsley opened the hearing to public comment. There being none, he closed the public hearing. Motion passed 3 to 0 with Commissioner Farris and Commissioner Kay- Clapper not present. LAND USE CONSENT ACTIONS: READING ON RESOLUTION ALLOCATING 2007 RURAL AREA GMQS ALLOTMENTS FOR ADDITIONAL FLOOR AREA - MOTION TO APPROVE BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING JULY 11, 2007 STAFF: EZRA LOUTH IS. COUNTY PLANNER Commissioner Hatfield moved to approve the Resolution allocating 2007 rural area GMQS allotments. Commissioner Richards seconded the motion. Motion passed 3 to 0 with Commissioner Farris and Commissioner Kay-Clapper not present. LAND USE PUBLIC HEARINGS: READING AND PUBLIC HEARING ON RESOLUTION DENYING THE NELSEN REQUEST FOR A CONSTRAINED LOT TOR FOR LOTS D-7 AND D- 8. REDSTONE RANCH ACRES - MOTION TO GRANT THE NELSON REQUEST FOR ONE (1) CONSTRAINED LOT TDR STAFF: EZRA LOUTHIS. COUNTY PLANNER . Applicant: Gary Nelson . Applicant's Representative: Glenn Horn · Summary of Request: Applicant submitted a request to Community Development to make a determination whether the parcel is "undevelopable or severely constrained" in order to obtain a TDR in exchange for preservation of the parcel. Ezra Louthis gave his presentation to the board as outlined in his staff memorandum. Glenn Horn, representing the applicant, proceeded with his presentation as mirrored in his April 20, 2007 letter to staff found in today's meeting packet. The applicant asserts that the parcel is constrained by geological hazards and specifically, steep slopes. Regarding the roads, Bud Eylar told the board that the roads there are a real safety issue. There is no opportunity to pull off or turn around without going on private property. He concluded by saying it makes no sense to put one more development on this site. Lance Clarke did interject that there is a taxing district there so the owners would be able to improve the roads through that process. Catherine Berg, County Planning Engineer, gave her opinion on this property as shown in her staff memorandum in today's packet. Chairman Owsley opened the hearing to public comment. BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING JULY 11, 2007 A letter from Garrett Hansen, master plumber, was submitted for the record. He is concerned about building another residence that would saturate the hillside with effluent and could contaminate the wells. He also noted that the extreme slope of the hillside and the shallow bedrock and existing wells and septic systems make this a hazardous site on which to build. Bob Dupree addressed the board as President of the Crystal River Park Homeowners Association. Crystal River Park is diagonally northwest of Redstone Ranch Acres. He said that there is a 10-foot setback from that building envelope. The HOA is concerned with the board requiring people to clear cut a lot as a requirement to build and therefore, supports the request for constrained lot status to be granted in this case. On his own behalf, he said that based upon the Fire Department's report he believes that what is being suggested to do actually increases the fire danger. Frank Hill inquired whether or not the rights have been granted as the building envelope comes within 10-feet of Big Horn Lane. His question was answered by Lance Clarke. Commissioner Hatfield moved to grant the Nelson request for one (1) constrained lot TDR. Commissioner Richards seconded the motion. Chairman Owsley thinks that this subdivision with a taxing district needs to seriously look at self-protection. Lance Clarke added that due to the serious shortcomings of this private road system that is part of that taxing district, he thinks that the County should look at no additional approvals on this road until it meets County standards. Chairman Owsley said that he thinks that suggestion is appropriate and will be considered at the proper time. Chairman Owsley called the question. Motion passed 3 to 0 with Commissioner Farris and Commissioner Kay-Clapper not present. READING AND PUBLIC HEARING ON RESOLUTION GRANTING ONE CONSTRAINED SITE TDR FOR PARCEL 15 OF MAJESTIC PEAKS POINTE (SECTION 36) TO ROBERT WOODWARD - MOTION TO APPROVE THE REQUEST FOR CONSTRAINED SITE TOR WITH THE GRANTING OF TWO (2) TORS STAFF: EZRA LOUTH IS. COUNTY PLANNER . Applicant: Bob Woodward . Applicant's Representative: Mitch Haas, Haas Land Planning LLC BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING JULY 11, 2007 · Summary of Request: Applicant submitted a request to Community Development to make a determination whether the parcel is "undevelopable or severely constrained" in order to obtain two (2) TDRs in exchange for preservation of the parcel. Ezra Louthis proceeded with his presentation to the board as shown in his staff memorandum. Mitch Haas, applicant's representative, gave his presentation as mirrored in his May 15, 2007 letter to staff. Jonathan Lowsky of Colorado Wildlife Science, LLC added points of ecological interest regarding this property. Chairman Owsley opened the hearing to public comment. There being none, he closed the public hearing. DIRECTION TO STAFF - Commissioner Richards supports the conservatism of staff in recommending either one TDR or zero TDRs. She requested that in future TDR applications that there be a summary of how many unused TDRs are currently issued to be able to keep track of what's been done so far. Commissioner Richard moved to approve the Woodward request for constrained site TDR with the granting of two (2) TDRs. Commissioner Hatfield seconded the motion. Motion passed 3 to 0 with Commissioner Farris and Commissioner Kay-Clapper not present. CONTINUED READING AND PUBLIC HEARING ON RESOLUTION APPROVING THE MOLLIE GIBSON PARCEL SUBDIVISION EXEMPTION FOR OPEN SPACE PARCELS - MOTION TO CONTINUE TO JULY 25. 2007 STAFF: LANCE CLARKE. ASSISTANT DIRECTOR. COMMUNITY DEVELOPMENT The County Attorney's office is continuing to do research on the properties. Commissioner Richards moved to continue the Mollie Gibson Parcel Subdivision Exemption for Open Space parcels to July 25, 2007. Commissioner Hatfield seconded the motion. Motion passed 3 to 0 with Commissioner Farris and Commissioner Kay-Clapper not present. There was no public comment. LAND USE ACTIONS: BOARD OF COUNTY COMMISSIONERS 8 REGULAR MEETING JULY 11. 2007 FIRST READING ON RESOLUTION APPROVING THE HOAGLAND RANCH HISTORIC PUD FINAL PLAT - PHASE 2 (LOTS 1-5.7 AND 11)- MOTION TO APPROVE AT FIRST READING AND SET SECOND READING AND PUBLIC HEARING TO JULY 2S. 2007 STAFF: SUZANNE WOLFF. SENIOR COUNTY PLANNER . Applicant: Ed and Cherie Booher . Applicant's Representative: Rick Neiley . Summary of Request: All background information and current issues can be found in the staff memorandum in today's meeting packet. Suzanne Wolff has an ill child at home so Lance Clarke took over this item. He did not, however, have the file as Ms. Wolff had that with her at home. Mr. Clarke informed the board that staff does recommend approval of this item at first reading and it does have a second reading. He suggested that any questions not answered by Rick Neiley, applicant's representative, could be answered by additional staff to be present at second reading. Mr. Clarke gave a short presentation on this item. Mr. Neiley proceeded with his presentation as outlined in his July 05, 2007 letter to staff with attachments, as shown in the meeting packet. After discussion, the board made the following motion. Commissioner Hatfield moved to approve the Hoagland Ranch Historic PUD final plat - Phase 2 (lots 1-S, 7 and 11) at first reading and set second reading and public hearing to July 2S, 2007. Commissioner Richards seconded the motion. Commissioner Richards will not be here at the second reading. She asked that the categories be maintained that have been represented thus far when it comes to the final vote. Chairman Owsley called the question. Motion passed 3 to 0 with Commissioner Farris and Commissioner Kay-Clapper not present. READING ON RESOLUTION DENYING THE WHIDDON REQUEST FOR A REINSTATEMENT OF VESTED RIGHTS - MOTION TO APPROVE THE REINSTATEMENT OF VESTED RIGHTS. WITH CONDITIONS STAFF: EZRA LOUTHIS. COUNTY PLANNER . Applicant: Tom and Denise Whiddon BOARD OF COUNTY COMMISSIONERS 9 REGULAR MEETING JULY 11, 2007 . Applicant's Representative: Alan Richman · Summary of Request: Applicant requests a reinstatement of vested rights for this property located in Lot 21 of Shield 0 Terraces. Ezra Louthis proceeded with his staff presentation as seen in his memorandum. Alan Richman commenced with his presentation as outlined in his April 25, 2007 letter to staff found in today's meeting packet. Discussion ensued on this item and the effects on it by the updated Code. Commissioner Hatfield said that if he approves the reinstatement of vested rights he would want to include the fees at time of building permit applicable at that time. Commissioner Richards said that it might be wise to broaden the motion a little bit to include that any building code changes that are newly in effect at the time of application of building permit. She asked if there should be any upgrade to our Code related to energy efficiency. Lance Clarke informed the board that this extension is only provisions of the Land Use Code. The applicant will be required to meet all current provisions of the Building Code regardless. This was acceptable to Commissioner Richards and to Alan Richman, applicant's representative. Commissioner Hatfield moved to reinstate the Whiddon vested rights with the condition that fees will be applicable and will be enforced when the building permit is pulled. Commissioner Richards seconded the motion based on the record that all of the provisions of the new Land Use Code will be applied. Commissioner Hatfield accepted the addition to his motion made by Commissioner Richards. Chairman Owsley called the question. Motion passed 4 to 0 with Commissioner Farris and Commissioner Kay-Clapper not present. FIRST READING ON ORDINANCE REZONING PORTIONS OF PROPERTIES KNOWN AS "JEROME PARK" FROM THE RESOURCE -30 ACRE ZONE DISTRICT TO THE RURAL REMOTE ZONE DISTRICT - MOTION TO APPROVE AT FIRST READING AND SET SECOND READING AND PUBLIC HEARING TO JULY 25. 2007 BOARD OF COUNTY COMMISSIONERS 10 REGULAR MEETING JULY 11, 2007 STAFF: LANCE CLARKE. ASSISTANT DIRECTOR. COMMUNITY DEVELOPMENT . Applicant: Initiated by: Pitkin County Owned by: North Thompson Four Mile Mineral and Land Corp. . Applicant's Representative: Community Development staff . Summary of Request: Applicants are proposing to rezone a portion of the property known as Jerome Park to Rural and Remote. Lance Clarke proceeded with his presentation regarding the rezoning of 480- acres. Staff is proposing approval of this rezoning at first reading with the second reading schedule for July 25, 2007. Commissioner Hatfield moved to approve the Jerome Park rezoning at first reading and set second reading and public hearing to July 25, 2007. Commissioner Richards seconded the motion. Motion passed 3 to 0 with Commissioner Farris and Commissioner Kay-Clapper not present. FIRST READING ON RESOLUTION APPROVING THE MCBRIDE 1041 HAZARD REVIEW. SUBDIVISION DETAILED SUBMISSION. AND FINAL PLAT FOR LOT 9A OF THE ASPEN AIRPORT BUSINESS CENTER- MOTION TO APPROVE ON FIRST READING AND SET SECOND READING AND PUBLIC HEARING TO JULY 25.2007 STAFF: MIKE KRAEMER. COUNTY PLANNER . Applicant: John McBride . Applicant's Representative: Rob Snyder . Summary of Request: The applicant has applied for Detailed Submission and Final Plat approval for Lot 9A of the Aspen Airport Business Center Michael Kraemer gave his presentation to the board as outlined in his staff memorandum. Staff recommends approval on first reading. Commissioner Richards moved to approve the McBride 1041 Hazard Review, Subdivision Detailed Submission, and Final Plat for Lot 9A of the AABC on first reading and set second reading and public hearing to July 25, 2007. Commissioner Hatfield seconded the motion. Motion passed 3 to o with Commissioner Farris and Commissioner Kay-Clapper not present. BOARD OF COUNTY COMMISSIONERS 11 REGULAR MEETING JULY 11, 2007 -.....-..->,".,...--...- READING ON RESOLUTION OF DENIAL FOR 70/48 RIVERBEND ROAD (RUSSELL) EARTHMOVING/FLOODPLAIN PERMIT - MOTION TO CONTINUE TO AUGUST 08. 2007 STAFF: MICHAEL KRAEMER. COUNTY PLANNER: CATHERINE BERG. COUNTY PLANNING ENGINEERING Commissioner Hatfield moved to continue the 70/48 Riverbend Road (Russell) earthmoving/floodplain permit to August 08,2007. Commissioner Richards seconded the motion. Motion passed 3 to 0 with Commissioner Farris and Commissioner Kay-Clapper not present. READING ON EMERGENCY ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM PROHIBITING THE ACCEPTANCE. PROCESSING OR APPROVAL OF DEVELOPMENT APPLICATIONS. DEVELOPMENT PERMITS. BUILDING PERMITS OR OTHER DEVELOPMENT APPROVAL ACTIONS IN THE SMUGGLER MOUNTAIN. ASPEN MOUNTAIN. AND CASTLE CREEK AREAS OF PITKIN COUNTY - MOTION TO APPROVE THE EMERGENCY ORDINANCE AND SET THE CONFIRMATORY READING AND PUBLIC HEARING TO AUGUST 08. 2007. STAFF: CHRIS SELDIN. ASSISTANT COUNTY ATTORNEY Chris Seldin, Assistant County Attorney, explained the purpose of this Emergency Ordinance to the board. The issue is the fact that the 2005 modification to the Code may have been improperly noticed, opening it up to legal challenges. The 90-day Moratorium is actually limited in scope. Those with vested rights and valid permits dated before July 11, as well as those who wish to submit applications to develop and build under the conditions of the 2005 Code are free to proceed, stated Mr. Seldin. Commissioner Richards said that the intention of this is not to make Code changes, but to uphold the 2005 Code and not allow it to subside through technical or procedural problems. For the record, Commissioner Richards read through the list of exemptions as shown on page 3 of the emergency Ordinance. Commissioner Hatfield said that he believes the public will find that this was the right decision in a tough circumstance. Chairman Owsley, however, said that he could not accept this 11th hour emergency Ordinance without public comment. He also said that this emergency Ordinance is being put into place to pursue an unobstructed remedy for some procedural mistakes on the part of the County. He said that he believes in an BOARD OF COUNTY COMMISSIONERS 12 REGULAR MEETING JULY 11, 2007 open and accessible government and that this is not an open and trusting move by the County. Commissioner Hatfield moved to approve the emergency Ordinance and set the confirmatory reading and public hearing to August 08, 2007. Commissioner Richards seconded the motion. Motion passed 2 to 1 with Chairman Owsley voting nay and Commissioner Farris and Commissioner Kay-Clapper not present. BOCC OPEN DISCUSSION: The board had open discussion on current and upcoming meetings and events. ADJOURNMENT: Commissioner Hatfield moved to adjourn the regular meeting at 3:28 PM. Commissioner Richards seconded the motion. Motion passed 3 to 0 with Commissioner Farris and Commissioner Kay-Clapper not present. BOARD OF COUNTY COMMISSIONERS 13 REGULAR MEETING JULY 11, 2007 Respectfully submitted, Lyndee R. Dean Clerk to the Board of County Commissioners Jeanette Jones Clerk to the Board of County Commissioners Michael M. Owsley Chairman of the Board of County Commissioners glbocclminutes\2007107112007 BOARD OF COUNTY COMMISSIONERS 14 REGULAR MEETING JULY 11, 2007 APPROVED AUGUST 08, 2007 MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR MEETING JULY 25. 2007 NOTE: For all staff memorandums and associated documents, including additional exhibits submitted to the record, refer to the BOCC PACKET FOR JULY 25, 2007. CALL TO ORDER: Chairman Michael M. Owsley opened the regular meeting of the Board of County Commissioners at 12:00 PM. COUNTY COMMISSION MEMBERS PRESENT: Commissioners Michael M. Owsley, Patti Kay-Clapper, Dorothea Farris and Jack Hatfield. COMMISSION MEMBERS ABSENT: Commissioner Rachel Richards was on vacation. ADDITIONSIDELETIONS/CHANGES TO THE AGENDA: None PUBLIC COMMENT: Toni Kronberg thanked the County Commissioners for the free busses between Snowmass and Aspen. She then addressed the board with regard to the Ordinance Implementing Buttermilk Parking changes and Asset Management Plan Enforcement Revisions coming up on today's agenda. She said that she would like to recommend that most people be encouraged to stop at Brush Creek for parking rather than Buttermilk, especially for commercial vehicles such as semis and other trailers. Sam Corbin lives in the Smuggler Subdivision. He related an incident at the dump regarding dirt dumping. He is doing work at his home and when he went to dump his dirt (from a Super Fund site) the "head person" was not there. No one was quite sure of the fee SQ he was given various dollar amounts for this service. When he started to speak to the truckers taking his dirt there, he found that the dirt was being dumped as regular soil. He doesn't mind paying more for the Super Fund site dirt to be dealt with on its own, but he does mind if he's paying for that and then finds out his dirt is just dumped with other "regular" soil. BOARD OF COUNTY COMMISSIONERS 1 REGULAR MEETING JULY 2S, 2007 . Mr. Corbin was informed by Commissioner Owsley that the County Manager and the Land Fill Department have been informed of this. Commissioner Jack Hatfield asked to have feed back on this matter. COMMISSIONER COMMENTS: Commissioner Kay-Clapper said that she was happy to be back after being out on medical leave for a number of weeks. Commissioner Farris informed the board of her recent NACO meeting (National Association of Counties) and discussions that were held on the Endangered Species Act and the Clean Water Act. She also reported that housing employees is a problem in all areas, not just here. She said that many places were dealing with this issue. She also gave an update on RFTA, including information about CDOT working with a grant along with the Rocky Mountain Rail Authority on a feasibility study. Commissioner Hatfield congratulated and thanked everyone, including volunteers, for the Race for the Cure. He also gave an update on the Entrance to Aspen and the forthcoming summit on the Entrance with the City of Aspen. Chairman Owsley informed everyone of the website redesign. The County is asking for public input on how we can improve our website. They can go to www.asoenoitkin.com and go to the survey link. This week's report on Woody Creek creatures from Chairman Owsley concerned vultures. He said that there is a gathering of vultures on a fence line at Upper River RoadlWoody Creek Road early each morning. He said that they lift their wings halfway and pose in that position and that it is quite a sight. CONSENT ACTIONS: MINUTES OF BOARD OF COUNTY COMMISSIONER WORK SESSION MEETINGS OF JUNE 19. 2007. JUNE 26. 2007 AND JULY 03.2007: AND SPECIAL MEETING MINUTES OF JUNE 19. 2007 AND REGULAR MEETING MINUTES OF JUNE 27. 2007 - MOTION TO APPROVE STAFF: L YNDEE R. DEAN/JEANETTE JONES. CLERKS TO THE BOARD Commissioner Kay-Clapper moved to approve the minutes as submitted. Commissioner Farris seconded the motion. Motion passed 4 to 0 with Commissioner Richards not present. CONSENT PUBLIC HEARINGS - 2ND READINGS: BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING JULY 25, 2007 Commissioner Hatfield had questions on the Buttermilk Parking/Asset Plan, the Redstone Powerhouse and the Code Amendment regarding Open Space. These three items will be pulled for discussion. SECOND READING AND PUBLIC HEARING ON ORDINANCE AMENDING THE PITKIN COUNTY ASSET PLAN BY ADDING SECTION 3.12.0S AND AMENDING SECTIONS 1.6S(BI. (C) AND 1.66 - PULLED FOR DISCUSSION STAFF: CARRINGTON BROWN. COUNTY ENFORCEMENT OFFICER AND BRIANT PETTET. DIRECTOR OF PUBLIC WORKS SECOND READING AND PUBLIC HEARING ON ORDINANCE AUTHORIZING EXECUTION OF THE CONTRACT FOR PURCHASE OF REDSTONE POWERHOUSE PROPERTY - PULLED FOR DISCUSSION STAFF: DALE WILL. DIRECTOR OF OPEN SPACE AND TRAILS SECOND READING AND PUBLIC HEARING ON ORDINANCE AUTHORIZING EXECUTION OF THE CONTRACT FOR PURCHASE OF JENSEN PROPERTY - MOTION TO APPROVE STAFF: DALE WILL. DIRECTOR OF OPEN SPACE AND TRAILS SECOND READING AND PUBLIC HEARING ON ORDINANCE AUTHORIZING EXECUTION OF THE CONTRACT FOR PURCHASE OF VARIOUS PROPERTY INTERESTS FROM THE WILKINSON ESTATE - MOTION TO APPROVE STAFF: DALE WILL. DIRECTOR OF OPEN SPACE AND TRAILS SECOND READING AND PUBLIC HEARING ON RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH EAGLE COUNTY AND THE TOWN OF BASALT FOR THE PURCHASE OF PROPERTY INTERESTS ON THE GRANGE RANCH - MOTION TO APPROVE STAFF: BARB D'AUTRECHY. OPEN SPACE AND TRAILS SECOND READING AND PUBLIC HEARING ON ORDINANCE AUTHORIZING THE CHAIR TO EXECUTE THE NECESSARY DOCUMENTS TO CONVEY PITKIN COUNTY'S 40-ACRE COUGAR CANYON OUTPARCEL TO ROBERT P AND INGRID K GRUETER - MOTION TO CONTINUE TO AUGUST 08. 2007 SECOND READING AND PUBLIC HEARING ON RESOLUTION REVISING AIRPORT LANDING FEES - MOTION TO APPROVE STAFF: TOM OKEN. COUNTY FINANCIAL OFFICER AND JIM ELWOOD. DIRECTOR OF AVIATION SECOND READING AND PUBLIC HEARING ON ORDINANCE ADOPTING AN AMENDMENT TO THE PITKIN COUNTY LAND USE CODE SECTION 2-40. ADDING A NEW PROVISION FOR OPEN SPACE MASTER PLAN REVIEW AND PROCESSES. SECTION 2-40-170 - PULLED FOR DISCUSSION BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING JULY 25, 2007 STAFF: JOHN ELY. COUNTY ATTORNEY Commissioner Farris moved to approve the Jenson Property Ordinance, the Wilkinson Estate Ordinance, the Grange Ranch Resolution, and the Airport Landing Fees Resolution. She also moved to continue the Cougar Canyon OutParcel (Robert & Ingrid Grueter) authorizing Ordinance to August 08,2007. Commissioner Hatfield seconded the motion. Chairman Owsley opened the hearing to public comment on these items. There being none, he closed the public hearing. Chairman Owsley called the question. Motion passed 4 to 0 with Commissioner Richards not present. Discussion began on the three items Commissioner Hatfield asked to pull from this portion of the agenda. SECOND READING AND PUBLIC HEARING ON ORDINANCE AMENDING THE PITKIN COUNTY ASSET PLAN BY ADDING SECTION 3.12.0S AND AMENDING SECTIONS 1.6S(B). (C) AND 1.66 - MOTION TO APPROVE STAFF: CARRINGTON BROWN. COUNTY ENFORCEMENT OFFICER AND BRIAN PETTET. DIRECTOR OF PUBLIC WORKS Carrington Brown, County Code Enforcement Officer and Chris Seldin, Assistant County Attorney, came forward to answer questions from the board. Commissioner Hatfield asked about the many commercial vehicles and construction materials he's been seeing out at Buttermilk. Carrington Brown said that it appears there are two or three companies, but he doesn't know what projects they're working on. It was made clear that the paved lot is SKICO and the dirt lots are owned jointly by the County and CDOT. The purpose of this Ordinance is to amend the asset plan so that the County can easily enforce violations of that plan. It will also help to establish the Park and Ride. Chairman Owsley opened the hearing to public comment. David Bellock clarified to the board that it is not the Ski Company using this lot and parking on Owl Creek Road. He said that it is members of the general public and citizens of Pitkin County who are coming to recreate and parking their cars where they want to park their cars. He said that the Ski Company directs traffic BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING JULY 25, 2007 and tries to operate an orderly parking lot, but people park where they feel there's room to park and where they want to park. Chairman Hatfield informed Ms. Kronberg that trailers wouldn't be allowed to park there after this plan is implemented and enforcement begins. He said that there is a construction site on the other side of the road closer to West Buttermilk that's for the staging of the Maroon Creek Bridge construction. But, he added, that's really all the major construction vehicles that can be there. Toni Kronberg asked who could accommodate large trucks and tractor trailers that can't maneuver in town and park out there now while transferring their loads into smaller delivery trucks. Would the Brush Creek lot be available for them, she asked? Chairman Owsley responded by saying that there is no construction management plan nor parking plan in place at this time so the answer is no. Discussion ensued on future X-games and other events that use that area for parking. Parking requests for events such as these, the board was informed, would be looked into by Public Works although Community Development would be the one who issues the special event permits. Commissioner Hatfield moved to approve Ordinance amending the Pitkin County Asset Plan by adding Section 3.12.0S and amending Sections 1.6S(b), (c) and 1.66. Commissioner Kay-Clapper seconded the motion. Motion passed 4 to 0 with Commissioner Richards not present. SECOND READING AND PUBLIC HEARING ON ORDINANCE AUTHORIZING EXECUTION OF THE CONTRACT FOR PURCHASE OF REDSTONE POWERHOUSE PROPERTY - MOTION TO APPROVE, AS AMENDED STAFF: DALE WILL. DIRECTOR OF OPEN SPACE AND TRAILS Commissioner Hatfield had a question regarding number 4 of the draft Ordinance. It states, "pursuant to the Pitkin County Home Rule Charter, Sections 13.5.3, as amended 1117/06, Pitkin County hereby declares its intent to later convey an egress easement on the property under more specific terms to be decided at a later date". He would like the board to consider changing the language to say "reserves the ability to later convey". He doesn't know whether we should convey it or not. Dale Will and Chris Seldin responded to this issue. Chris Seldin suggested the following wording. "It is the board's intent to later convey the egress easement provided that more specific terms can be agreed upon at a later date". BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING JULY 25, 2007 This wording was acceptable to the board. Commissioner Hatfield moved to approve the Ordinance authorizing execution of the contract for purchase of Redstone Powerhouse property, with the above amendment to the language. Commissioner Farris seconded the motion. Chairman Owsley opened the hearing to public comment. Bob Dupre had a question on the egress discussion. Dale Will answered his question to his satisfaction. Commissioner Hatfield wanted to thank Bob McCormick for coming forward and offering this. Chairman Owsley called the question. Motion passed 4 to 0 with Commissioner Richards not present. SECOND READING AND PUBLIC HEARING ON ORDINANCE ADOPTING AN AMENDMENT TO THE PITKIN COUNTY LAND USE CODE SECTION 2-40. ADDING A NEW PROVISION FOR OPEN SPACE MASTER PLAN REVIEW AND PROCESSES. SECTION 2-40-170 - MOTION TO APPROVE STAFF: JOHN ELY. COUNTY ATTORNEY Commissioner Hatfield said that he doesn't agree with this new provision. He said that he thinks it creates too much flexibility with geological hazards and steep slopes that allows the County to vary their standards. He said that he believes the public and private sectors need to abide by the rules. There was no public comment given on this item. Commissioner Farris moved to approve the Ordinance adopting amendment to the Pitkin County Land Use Code Section 2-40, adding a new provision for Open Space Master Plan review and processes, Section 2-40- 170. Commissioner Kay-Clapper seconded the motion. Chairman Owsley opened the hearing to public comment. There being none, he closed the public hearing and called the question. Motion passed 3 to 1 with Commissioner Hatfield voting nay and Commissioner Richards not present. LAND USE CONSENT PUBLIC HEARINGS: BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING JULY 25, 2007 FLYING DOG RANCH PUD. REZONING. CODE AMENDMENTS. 1041 HAZARD REVIEW. SPECIAL REVIEW. GMQS EXEMPTION AND PUBLIC HEARING - MOTION TO CONTINUE TO SEPTEMBER 12. 2007 STAFF: SUZANNE WOLFF. SENIOR PLANNER ASPEN MINI-STORAGE LLC SPECIAL REVIEW AND PUBLIC HEARING FOR COMMERCIAL PARKING - MOTION TO CONTINUE TO AUGUST 08. 2007 STAFF: EZRA LOUTH IS. COUNTY PLANNER CONTINUED READING AND PUBLIC HEARING ON RESOLUTION APPROVING THE MOLLIE GIBSON PARCEL SUBDIVISION EXEMPTION FOR OPEN SPACE PARCELS - MOTION TO CONTINUE TO AUGUST 08. 2007 STAFF: LANCE CLARKE. ASSISTANT DIRECTOR. COMMUNITY DEVELOPMENT SECOND READING AND PUBLIC HEARING ON RESOLUTION APPROVING THE HOAGLUND RANCH HISTORIC PUD FINAL PLAT - PHASE 2 (LOTS 1- 5.7 AND 11)- PULLED FOR DISCUSSION STAFF: SUZANNE WOLFF. SENIOR PLANNER SECOND READING AND PUBLIC HEARING ON ORDINANCE REZONING PORTIONS OF PROPERTIES KNOWN AS "JEROME PARK" FROM THE RESOURCE-30 ACRE ZONE DISTRICT TO THE RURAL REMOTE ZONE DISTRICT - MOTION TO APPROVE STAFF: LANCE CLARKE. ASSISTANT DIRECTOR. COMMUNITY DEVELOPMENT SECOND READING AND PUBLIC HEARING ON RESOLUTION APPROVING THE MCBRIDE 1041 HAZARD REVIEW. SUBDIVISION DETAILED SUBMISSION. AND FINAL PLAT FOR LOT 9A OF THE ASPEN AIRPORT BUSINESS CENTER - MOTION TO APPROVE STAFF: MIKE KRAEMER. COUNTY PLANNER Staff was just notified that the Flying Dog Ranch PUD has asked for a continuation to September 12, 2007. Commissioner Farris moved to continue the Flying Dog Ranch PUD to September 12,2007, to continue the Aspen Mini-Storage LLC Special Review to August 08, 2007, and to continue the Open Space Subdivision Exemption/Mollie Gibson Park to August 08, 2007. She also moved to approve the Jerome Park Rezoning and the McBride Detailed Submission and Final Plat and to pull Hoaglund Ranch for discussion. Commissioner Hatfield seconded the motion. BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING JULY 25, 2007 Chairman Owsley opened the hearing to public comment. There being no comment he closed the public hearing and called the question. Motion passed 4 to 0 with Commissioner Richards not present. SECOND READING AND PUBLIC HEARING ON RESOLUTION APPROVING THE HOAGLUND RANCH HISTORIC PUD FINAL PLAT - PHASE 2 (LOTS 1- 5.7 AND 11)- MOTION TO APPROVE. AS AMENDED STAFF: SUZANNE WOLFF. SENIOR PLANNER Suzanne Wolff informed the board of some clarifications of conditions of this Resolution. On page 2, condition number 2 there is an error where it says, "submit for approval by the County Attorney and Community Development the Phase 2 Final Plat in accordance with the Land Use Code Section". The word Section should be deleted and the words "and Colorado law" added after the words Land Use Code. Under condition number 3, B. and C. both refer to amendments to the SIA and the Covenants. There was a deadline in those Covenants so they need to ask to extend that. Ms. Wolff said that staff is fine with that, but she feels that the deadline should be specified in here that it would be extended to. She said that Rick Neiley suggested adding a little over a year to September 30, 2008. That would be completing and upgrading the construction of the Affordable Housing units. The board accepted the extended date of September 30, 2008 for the completion and upgrading of the AH units after questions from the board were answered to their satisfaction by Mr. Neiley. Commissioner Kay-Clapper moved to approve, as amended by staff. Commissioner Farris seconded the motion. Chairman Owsley opened the hearing to public comment. There being none, he closed the public hearing and called the question. Motion passed 4 to 0 with Commissioner Richards not present. LAND USE PUBLIC HEARINGS: PUBLIC HEARING ON RESOLUTION DENYING A REQUEST BY LOUIS AND MELISSA MCBURNEY TO OBTAIN ONE CONSTRAINED SITE TOR FOR LOT 6. CRYSTAL RIVER PARK - MOTION TO GRANT ONE TDR (TRANSFERABLE DEVELOPMENT RIGHT) STAFF: SUZANNE WOLFF. SENIOR PLANNER . Applicant: Louis Burney and Melissa Burney · Applicants' Representative: Glenn Horn BOARD OF COUNTY COMMISSIONERS 8 REGULAR MEETING JULY 25, 2007 · Summary of Request: Applicant submitted a request for the BOCC to make a determination as to whether the lot is "undevelopable or severely restricted" in order to obtain a TDR in exchange for preservation of the lot. It is staff's opinion that the lot is developable, pursuant to the Pitkin County Land Use Code, and, as stated by Ms. Greenman, "there are constraints at the site, but none of which is unusual for mountain communities. With careful planning and implementation, the site could be developed for residential use. Ms. Wolff proceeded with her staff presentation. Glenn Horn, representing the applicants, gave his presentation per his April 23, 2007 letter in the meeting packet which provides an assessment of the geological hazards which may affect development of the property. He also used several large maps during his presentation to stress specific areas on or near the subject property. During this discussion, Mr. Neiley informed the board that Nancy McKenzie of the Pitkin County Environmental Health Department said that they could have a compost system there. It would be like the ones they have in the huts in the 10th Mountain Division. He said that they are a more engineered outhouse. Mr. McBurney, applicant, explained to the board how he and his wife came to own this lot. He said that he and his wife lived in Marble for about 30-years on a 10-acre site for a non-profit group. They moved because another couple came to take their place in the non-profit counseling center that they operated there. The McBurney's sold their house to them and started looking for another. They love Crystal River Park and the neighbors, but they reacted against being hemmed in and their privacy being invaded. There was a vacant lot next door to them and they made arrangements to buy that lot in 2004, less than a year after they moved into their new house. Seller refused to sign the contract at the last moment, but changed his mind last June of 2006. He was interested in selling then so they entered into negotiations with him. In the process of doing this, people mentioned the TDR concept and it sounded good to the McBurneys as they did not want that lot developed and this seemed like a good way to deal with it. Discussion developed and began to focus on house size and placement of the septic system with respect to setbacks and rock fall. Bob Dupre addressed an error on one of Mr. Horn's maps regarding Lots 41 and 42 of Crystal River Park and, toward the end of the meeting gave the board some additional information about other lots surrounding this property. BOARD OF COUNTY COMMISSIONERS 9 REGULAR MEETING JULY 25, 2007 Commissioner Hatfield and Chairman Owsley said that they believe the property has several constrained issues. Commissioner Farris said that the lot does have some impacts, but she thinks they could be mitigated. Commissioner Farris moved to agree with staff and deny the request by Louis and Melissa McBurney to obtain one constrained site TDR for lot 6, Crystal River Park. Commissioner Kay-Clapper seconded the motion. Commissioner Kay-Clapper supports the motion, but said that she truly appreciates the applicants wanting privacy after moving from their previous site. Commissioner Farris raised the question of other older subdivisions and the issue of other lots not being able to be developed and how the future of constrained lot TDRs will be affected. It appears that the board wants to address this issue at some time in the near future. Chairman Owsley called the question. Motion to deny FAILED 3 to 1 with Commissioner Hatfield, Chairman Owsley, and Commissioner Farris voting nay and Commissioner Kay-Clapper voting aye and Commissioner Richards not present. Commissioner Farris made a new motion to grant one Transferable Development Right (TDR). Commissioner Hatfield seconded the motion. Motion passed 3 to 1 with Commissioner Kay-Clapper voting nay and Commissioner Richards not present. PUBLIC HEARING ON RESOLUTION GRANTING THE JEROME PARK ACTIVITY ENVELOPE APPROVAL AND EXTENDED VESTED RIGHTS - MOTION TO APPROVE. AS CORRECTED AND AMENDED STAFF: LANCE CLARKE. ASSISTANT DIRECTOR OF COMMUNITY DEVELOPMENT . Applicant: North Thompson Four Mile Mineral and Land Corp. . Applicant's Representative: Doug Pratte of The Land Studio, Inc. · Summary of Request: Applicants are requesting an Activity Envelope Review with Extended Vested Rights to establish an envelope for access, for a single family home on a newly created 35-acre parcel and an envelope for agricultural structures on the remainder, fathering parcel. BOARD OF COUNTY COMMISSIONERS 10 REGULAR MEETING JULY 25, 2007 Lance Clarke proceeded with his staff presentation. Staff recommends approval subject to standard conditions in the Resolution. Mr. Clarke added that the only condition not standard was Condition #2 which states, "the terms of this approval are contingent on the conveyance of a Board approved conservation easement to Pitkin County". Mr. Clarke said that Mr. Pratte had a couple of modifications. One has to do with the limitations on manipulation of vegetation on page 6 of the draft Resolution, Condition number 12. B. Mr. Clarke said that the standard condition reads "manipulation of vegetation outside the Activity Envelope is prohibited". But, he added, seldom do we have a 4,000-acre parcel that's actively used as a ranch with one house on it. Therefore, the suggestion is to add the following words, "other than for agricultural purposes/activities" at the end of condition 12.B and condition 13. Mr. Clarke also informed the board that the applicant is asking for a 30-year vested rights period. Regarding snowplowing, Mr. Clarke said that there is no anticipation of development on this property in the future. He said that North Thompson Creek Road is a low service level road. Currently the plowing stops at Spring Gulch Ski Area. In order to plow, the person requesting the plowing has to come to Public Works and work out an agreement as to whether the applicant, the County or someone else contracted would be plowing the road. The assumption, he said, is that it would not be Pitkin County. It would probably be the applicant and that agreement needs to be worked out at time of development. We do not have to change the service level or take any action, he concluded. Commissioner Farris noted some typographical errors in the numbering starting on page 4 of 7 under Roman Numeral IV with regard to the item numbering. Commissioner Farris wants the last sentence in number 3 under the Now Therefore Be It Resolved section of the first page of the Resolution to read, "Any structures represented in the application may not be APPROVED under building and zoning regulations". This was noted by staff and will be corrected. Commissioner Farris moved to approve the Resolution granting the Jerome Park Activity Envelope approval and extended vested rights with a 30-year vested right, as corrected and amended. Commissioner Hatfield seconded the motion. BOARD OF COUNTY COMMISSIONERS 11 REGULAR MEETING JULY 25, 2007 Chairman Owsley opened the hearing to public comment. There being none, he closed the public hearing and called the question. Motion passed 4 to 0 with Commissioner Richards not present. BOCC OPEN DISCUSSION: The Board discussed several topics after which Commissioner Kay-Clapper and the rest of the board wished Commissioner Dorothea Farris Bon Voyage as she leaves in the morning for a trip to South Africa. ADJOURNMENT: Commissioner Kay-Clapper moved to adjourn the meeting at 2:58. Commissioner Hatfield seconded the motion. Motion passed 4 to 0 with Commissioner Richards not present. BOARD OF COUNTY COMMISSIONERS 12 REGULAR MEETING JULY 25, 2007 Respectfully submitted, Lyndee R. Dean Clerk to the Board of County Commissioners Jeanette Jones Clerk to the Board of County Commissioners Michael M, Owsley Chairman of the Board of County Commissioners glbocclm inutes\2007107252007 BOARD OF COUNTY COMMISSIONERS 13 REGULAR MEETING JULY 25, 2007