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HomeMy WebLinkAboutboccminreg04252007 PITKIN COUNTY COMMISSIONERS REGULAR MEETING AGENDA Plaza One Meeting Room WEDNESDAY, APRIL 25, 2007 12:00 NOON ADDITIONSIDELETIONS TO AGENDA PROCLAMATIONS: National County Government Week PUBLIC COMMENT, COMMISSIONER COMMENTS CONSENT ACTIONS 1. Minutes of March 13, April 3 and April 10, 2007 Work Session and April 11,2007 Regular Meeting 2. Dimitrius Abatement Hearing, Tiffany Wancura 3. Resolution Appointing Tom Dunlop as Public Health Advocate, Nan Sundeen 4. Resolution Appointing Citizen Board Members, Michelle Cerf CONSENT ACTIONS-1st Readinl!s, Set for Public Hearinl! on Mav 9th 5. Resolution Providing Supplemental Appropriations to the 2007 Budget for 2006 Carry Over Projects and other 2007 Projects Approved to Date, Debe Nelson 6. Resolution Authorizing the Filing of a new Passenger Facility Charge with the FAA, Dave UJane CONSENT PUBLIC HEARING, 2nd Readinl! 7. Confirmatory Reading Emergency Ordinance, Revision to Section 3-104 of the Pitkin County Procurement Code, Jim Elwood LAND USE PUBLIC HEARINGS 1. Uhlfelder Subdivision Exemption for a Major Plat Amendment & Road Vacation, 2nd Reading, PH (PN 3/25/07), E. Louthis 2. Elk Mountain Lodge Special Review, PH (PN 3/25/07), SW 3. 48 Riverbend LLC /Russell Appeal of Hearing Officer Determination, PH (PN 3/25/07), M. Kraemer BOCC OPEN DISCUSSION ADJOURN Note: An Executive Session was convened at 3:00 p.m. 5131/2007 8:17:48 AM APPROVED MAY 9, 2007 MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR MEETING APRIL 25, 2007 NOTE: For all staff memorandums and associated documents, including additional exhibits submitted to the record, refer to the BOCC PACKET FOR APRIL 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, Jack Hatfield and Rachel Richards. COMMISSION MEMBERS ABSENT: None PROCLAMATION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY. COLORADO PROCLAIMING APRIL 22 - 28 NATIONAL COUNTY GOVERNMENT WEEK ADDITIONS/DELETIONS/CHANGES TO THE AGENDA: Hilary Fletcher, County Manager, advised the board that the 48 Riverbend LLC/Russell Appeal of Hearing Officer Determination is being continued to May Stn at the request of the applicants. PUBLIC COMMENT: Rebecca Driscol appeared before the Board to request that someone contact the school district with respect to a sidewalk being constructed to allow children from the Five Trees development to walk to school. Commissioner Richards suggested that this matter could be added as an agenda item to an upcoming City/County meeting for discussion with respect to who owns the property. Commissioner Farris suggested that a representative from each group get together within 30 days to try to come up with a recommendation. She said she would be willing to service on a committee that comes up with some resolution. BOARD OF COUNTY COMMISSIONERS 1 REGULAR MEETING APRIL 25, 2007 Jim Berdahl and Scott Hicks, representing the Aspen Country Day School appeared fore the board to request a temporary unit on site. It was agreed that this matter should be continue to the May 1St work session. Toni Kronberg appeared before the Board to express her concerns with respect to a traffic light at the intersection at Smith Hill. She suggested that a roundabout might be a better alternative. COMMISSIONERS COMMENTS: Commissioner Richards said that she believes it is important to acknowledge that we are a country at war. Since the last time the board met for a regular meeting there have been an additional 41 American troop members killed. The total is now 3,333. The board and the audience had a moment of silence. Additionally, she reminded everyone to vote in the upcoming city election on May 8th and that absentee voting is already available on the second floor of City Hall. Commissioner Hatfield commented that the most important issue facing the citizens of the community is the entrance to Aspen. He suggested that there be more of a compromise to work towards the split shot as at least a beginning discussion point and that will require that we will have to reopen the record of decision. He said whenever the time comes if there is a way for the public to weigh in again, he would appreciate the board's consideration on that issue. Commissioner Kay-Clapper thanked everyone for their participation associated with Earth Day last Sunday, April 22"a Commissioner Owsley commented that it is a good time to go listen to the Meadowlarks and other birds right now. He said it is springtime and it is really wonderful out there. CONSENT ACTIONS: MINUTES OF BOARD OF COUNTY COMMISSIONERS' WORK SESSION MEETINGS OF MARCH 13, APRIL 3 AND APRIL 10, 200.7; AND THE REGULAR MEETING MINUTES OF APRIL 11, 2007 -MOTION TO APPROVE STAFF PERSON: LYNDEE DEAN, DEPUTY COUNTY CLERK RESOLUTION(S) APPROVING A PETITION FOR ABATEMENT OR REFUND OF TAXES FOR RALLI DIMITRIUS -CONTINUED TO THE END OF THE AGENDA RESOLUTION APPOINTING TOM DUNLOP AS THE PITKIN COUNTY PUBLIC HEALTH ADVOCATE -MOTION TO APPROVE BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING APRIL 25, 2007 RESOLUTION APPOINTING MEMBERS TO CITIZEN BOARDS -MOTION TO APPROVE -STAFF PERSON: MICHELLE CERF Commissioner Farris moved to approve Items 1 and 3 of the consent agenda. Commissioner Clapper seconded the motion. Motion passed unanimously. CONSENT ACTIONS: 1ST READINGS, SET FOR PUBLIC HEARING ON MAY 9, 2007: FIRST READING -RESOLUTION PROVIDING SUPPLEMENTAL APPROPRIATIONS TO THE 2007 BUDGET FOR 2006 CARRY OVER PROJECTS AND OTHER 2007 PROJECTS APPROVED TO DATE Commissioner Hatfield requested that the budget resolution be pulled from the consent agenda for discussion purposes. FIRST READING ON RESOLUTION AUTHORIZING THE FILING OF A NEW PASSENGER FACILITY CHARGE APPLICATION TO BE FILED WITH THE FEDERAL AVIATION ADMINISTRATION (FAA) -MOTION TO APPROVE ON FIRST READING AND SET SECOND READING TO MAY 09, 2007 STAFF PERSON: DAVE ULANE, ASSISTANT AIRPORT DIRECTOR Commissioner Clapper moved approval of the Resolution on first read and set second reading and public hearing to May 09, 2007. Commissioner Richards seconded the motion. Motion passed unanimously. FIRST READING -RESOLUTION PROVIDING SUPPLEMENTAL APPROPRIATIONS TO THE 2007 BUDGET FOR 2006 CARRY OVER PROJECTS AND OTHER 2007 PROJECTS APPROVED TO DATE -MOTION TO APPROVE ON FIRST READING AND SET FOR SECOND READING AND PUBLIC HEARING ON MAY 9. 2007: Commissioner Hatfield asked some clarifying questions of the finance director with respect to certain line items in the resolution, which were answered to his satisfaction. Chairman Owsley opened the hearing to public comment. There being no comment, he closed the public hearing and entertained a motion from the board. Commissioner Richards moved approval of first reading of the Resolution and set for second reading and public hearing on May 9, 2007. Commissioner Farris seconded the motion. Motion passed unanimously. CONSENT PUBLIC HEARINGS -SECOND READING BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING APRIL 25, 2007 p CONFIRMATORY READING ON EMERGENCY ORDINANCE APPROVING REVISIONS TO SECTION 3-104 OF THE PITKIN COUNTY PROCUREMENT CODE -MOTION TO APPROVE -STAFF PERSON: JIM ELWOOD AIRPORT DIRECTOR Chairman Owsley opened the hearing to public comment. There being no comment, he closed the public hearing and entertained a motion from the board. Commissioner Richards moved to confirm the emergency Ordinance as written. Commissioner Farris seconded the motion. Motion passed unanimously. LAND USE PUBLIC HEARINGS: SECOND READING -RESOLUTION APPROVING THE ULFELDER SUBDIVISION EXEMPTION FOR A MAJOR PLAT AMENDMENT IN THE ASPEN TENNIS CLUB SUBDIVISION -MOTION TO APPROVE -STAFF PLANNER: EZRA LOUTHIS SECOND READING -ORDINANCE GRANTING A VACATION OF A 20-FOOT ACCESS EASEMENT IN THE ASPEN TENNIS CLUB SUBDIVISION - MOTION TO APPROVE -STAFF PLANNER: EZRA LOUTHIS RESOLUTION GRANTING APPROVAL TO BILL AND BRIDGET KOCH FOR THE ELK MOUNTAIN LODGE PROPERTY FOR SPECIAL REVIEW, ACTIVITY ENVELOPE, SITE PLAN REVIEW, GMQS EXEMPTIONS, CARETAKER DWELLING UNIT, AND CHANGES TO NON-CONFORMING STRUCTURES, AND DESIGNATING THE HISTORIC RESOURCES TO THE PITKIN COUNTY HISTORIC REGISTER -MOTION TO APPROVE -STAFF PLANNER: SUZANNE WOLFF Applicant's Request: Approval to use the property for residential use and to convert the Elk Mountain Lodge building into a single family residence. Commercial use of the property will be discontinued. The applicant requested the following approvals: Applicants: Bill and Bridget Koch Applicant's Representative: Glenn Horn • Activity Envelope and Site Plan Review Including Scenic Review • Special Review for Accessory Structures with Bathing Facilities (Cabin C East, Cabin D. Homestead And Treehorn Cabins) and a Caretaker Dwelling Unit (Cabin C West) BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING APRIL 25, 2007 • Changes to Non-Conforming Uses and Structures (To Reallocate Floor Area on the Property, when the Property Exceeds the Total Allowable Floor Area) • Designation to the Historic Register (Homestead and Treehorn Cabins) • GMQS Exemption for Preservation of Historic Structures (To Construction One Additional Single Family Residence to Replace Cabin A, the Carley House) • GMQS Exemption for a Change In Use (To Convert Eh Elk Mountain Lodge From Commercial To Residential Use) • GMQS Exemption For A Caretaker Dwelling Unit (Cabin C West) • Amendment To Covenants Suzanne Wolff, staff planner, introduced into the record letters from the Division of Wildlife, Tom Cardomone, Aspen Center for Environmental Studies and Suzannah Reid, Pitkin County Historic Preservation Officer. Copies of these letters are attached to the end of the packet material for the meeting, under additional exhibits. Ms. Wolff proceeded with a presentation associated with this application as summarized in her memorandum to the Board contained in the BOCC packet for this meeting. Commissioner Clapper expressed a concern with respect to sprinklers in historic buildings, the impact of the night lighting of the pool area, and the disturbance of the vegetation in the pool area. Commissioner Richards expressed a concern with respect to the potential of whirling disease, which could be associated with the proposed ponds. Additionally, she asked if there would be any sort of conservation easement over the wetlands or any further protection in terms of maintaining riparian native vegetation around those. Suzanne Wolff responded that the applicants are establishing an envelope now that avoids all of those areas so they would be protected. Glenn Horn, representing the applicants, gave a presentation on their proposal as addressed in their application contained in the BOCC packet for this meeting. With respect to the tennis court construction he requested that the Board approve a condition allowing them to level the three small man-made anomalies, that are over 45% slopes, which were created when the area was leveled for a stable. With respect to the large tree along the road which is being tagged for relocation he said if it should die they would be willing to replace it with trees equivalent to BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING APRIL 25, 2007 the diameter of this tree. And they would be willing to document this however the board chooses. Commissioner Richards asked if someone could respond to the issue of the capacity of the septic and water system in the event that large parties or conferences being held on the property. Additionally, she asked how this proposal would comply with the renewable energy mitigation code in that the older commercial facility probably was built before that code was in place. And as the building is being converted to a single family home she would like to make sure that this is in compliance with our provisions as if it were a newly constructed home. Also, she said she thinks that nighttime lighting of the pool area should not be allowed. A discussion ensued with respect to the total square footage of all the units on the property and the amount of bedrooms that are being requested. Glenn Horn referred to their application with respect the total square footage and that the request for 13 bedrooms with an additional four bedrooms pending approval of the septic system. Commissioner Richards asked if there was any potential for condominiumization Gideon Kaufman, Attorney for the applicants stated that they do not have any plans for condominiumization and they would be willing to agree to a condition in the resolution that there is no intention of condominimizing. Staff was directed to add this condition. Glenn Horn and the commissioners proceeded to address the issues listed by staff and commissioners as follows: • Sprinklers: The applicants plan on incorporating sprinklers as per the recommendation of the Aspen Fire Chief due to the fact that he thinks the whole valley could go up if one of the buildings were to catch fire and create an uncontrollable wildfire. Commissioner Farris requested that staff look into the issue of what effect sprinklers have on historic buildings because this discussion comes up every time there is a historic building involved and there is a requirement for sprinklers. Commissioner Hatfield requested that the language of the condition be amended so as not to advocate authority to the fire district because there might be a circumstance when the board feels differently (e.g. historic buildings) due the fact that the board did not adopt the entire fire code. BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING APRIL 25, 2007 Li htin :The applicants have submitted a lighting plan that complies with the lighting code and they will abide by that plan. Greg Mosian stated that there will be pool light in the swimming pool itself, but it will not be able to be seen when driving by but only if someone is standing by the pool. To get to and from the swimming pool to the house there would only be some low level path lights. Relocation of Existing Trees: Mr. Horn referred to attachment 4 of their most current letter, which delineates each tree, which is being proposed to be relocated. With respect to the large tree by the road, they propose to remove it to allow a better site distance. They will commit, if the tree doesn't live, to plants trees caliper for caliper. • Capacity of Septic System for Large Parties Conferences of Benefits: Tim ,wastewater consultant for the project, stated that the septic system will be designed to handle large surges and do it much more appropriately that the existing system. • Renewable Energy Mitigation Code: Mr. Horn said that the applicant must comply with the energy code calculations when the 17 permits are submitted to the building department. Staff was asked to add language to the resolution that the project will fully comply with the energy code as if it were new construction not grandfathered as a retrofit however, not to the extent that historic structure designation would be jeopardized just to meet the energy code. • 45 Degree Slopes on the Proposed Tennis Court Location: Commissioners agreed that that a condition be included that the tennis court shall not be approved at this time pending a code amendment to allow removal of man-made anomalies. • Construction Trash: Commissioner Hatfield requested that construction worker's trash be more specifically addressed in the wildlife condition rather than just referencing the ordinance as per the Division of Wildlife's recommendation. Chairman Owsley opened the hearing to public comment. There being no comment, he closed the public hearing and entertained a motion from the Board on this application. Commissioner Clapper moved approval of the resolution approving the Koch application, as conditioned, including all material representations made by the applicants. Commissioner Farris seconded the motion. Motion passed unanimously. BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING APRIL 25, 2007 48 RIVERBEND LLC/RUSSELL APPEAL OF HEARING OFFICER DETERMINATION -MOTION TO CONTINUE TO MAY 9, 2007 -STAFF PLANNER: MICHAEL KRAEMER Commissioner Clapper moved to continue this application to May 9, 2007. Commissioner Farris seconded the motion. Motion passed unanimously. RESOLUTION APPROVING AN ABATEMENT PETITION FOR PERSONAL PROPERTY TAXES FOR RALLI DIMITRIUS - REDSTONE CASTLE - MOTION TO APPROVE -STAFF PERSON: TIFFANY WANCURA DEPUTY COUNTY TREASURER RESOLUTION APPROVING AN ABATEMENT PETITION FOR REAL PROPERTY TAXES FOR RALLI DIMITRIUS - REDSTONE CASTLE - MOTION TO APPROVE -STAFF PERSON: TIFFANY WANCURA, DEPUTY COUNTY TREASURER After a clarifying discussion with the county assessor's staff Commissioner Clapper moved a finding that the taxes should be abated and approval of the resolution. Commissioner Hatfield seconded the motion. Motion passed unanimously. BOCC DISCUSSION: A brief discussion ensued with respect to the Board's schedule for next week. Commissioner Clapper moved to convene into an executive session at 2:50 P.M. for the purpose of discussing topics, with the county attorney, regarding the airport construction project, the County's Cougar Canyon parcel and the affordable housing impact fee pursuant to C.R.S. 24-6-4024 (b). Commissioner Farris seconded the motion. Motion passed unanimously. BOARD OF COUNTY COMMISSIONERS 8 REGULAR MEETING APRIL 25, 2007 Respectfully submitted, '1 , "/ ! .iff \ i {1J(J!..(A-i ~ I U J~nette Jones Clerk to the Board ,of County ~ommissioners I ! ' ~1 ; I Z / Z/i. '(8ft?1 Michael M. Owsl y , .) Chairman of the Board of County Commissioners "':"------ - - ---::, ./' / ~- John Ely County Atto ey The above signed attorney, representing the Board and being present at the executive sessions, attests that the subject of the unrecorded portions of the sessions constituted confidential attorney-client communication. g\bocc\min utes\2007\04252007 BOARD OF COUNTY COMMISSIONERS 9 REGULAR MEETING APRIL 25, 2007