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HomeMy WebLinkAboutboccminreg05092007 PITKIN COUNTY COMMISSIONERS REGULAR MEETING AGENDA Plaza One Meeting Room WEDNESDAY, MAY 09, 2007 (Commissioners Farris and Hatfield not present) 12:00 NOON ADDITIONS/DELETIONS TO AGENDA Month of the Young Child Proclamation, Shirley Ritter PUBLIC COMMENT, COMMISSIONER COMMENTS CONSENT ACTIONS I. Minutes of April 17 and 24 2007 Work Sessions and April 25, 2007 Regular Meeting. 2. Colorado Mountain College Special Event Liquor License, Jeanette Jones CONSENT ACTIONS- 1st Readinl!s, Set for Public Hearinl! on Mav23 3. Resolution Adopting Translator Master Plan, Renee Nofziger 4. Ordinance Repealing Ordinance No. 002-2001 and Reenacting Title 6 (Health and Safety -- Ambulance Licensing) of the Pitkin County Code, Ellen Anderson 5. Resolution Authorizing Amendment to Intergovernmental Agreement to Join the Rocky Mountain Rail Association, Michelle Cerf 6. Ordinance Approving Memorandum of Understanding with the BLM Regarding Commercial Rafters at Wingo Junction, Barb D'Autrechy 7. Ordinance Accepting Trail Easement from Waldbaum and Press, Barb D' Autrechy CONSENT PUBLIC HEARINGS, 2nd Readinl! 8. Resolution Providing Supplemental Appropriations to the 2007 Budget for 2006 Carry Over Projects and other 2007 Projects Approved to Date, Debe Nelson 9. Resolution Authorizing Filing New Passenger Facility Charge Application with FAA, Dave Ulane LAND USE PUBLIC HEARINGS I. Fifield Subdivision Detailed Submission and Final Plat, 151 Reading, PH (PN 4/8/07), E. Louthis 2. Timroth Special Review for Severance ofTDR(s) for a Limited Development Conservation Parcel, PH (PN 4/8017), S. Wolff 3. Russell Appeal of Hearing Officer Determination, (Continued from 4/25/07), PH (PN 3115/07), M. Kraemer LAND USE ACTIONS 4. Benson Takings Hearing, (Continued from 4/25/07), M. Kraemer 5. Forwarding 2006 Annual Rural Area GMQS Scoring, E. Louthis BOCC OPEN DISCUSSION ADJOURN APPROVED MAY 23, 2007 MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR MEETING MAY 9. 2007 NOTE: For all staff memorandums and associated documents, including additional exhibits submitted to the record, refer to the BOCC PACKET FOR MAY 9,2007. 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, and Rachel Richards. COMMISSION MEMBERS ABSENT: Commissioners Dorothea Farris and Jack Hatfield due to scheduled vacations. PROCLAMATION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY. COLORADO PROCLAIMING MAY AS THE MONTH OF THE YOUNG CHILD ADDlTIONSIDELETIONS/CHANGES TO THE AGENDA: Hilary Fletcher, County Manager, advised the board that the Benson Takings Hearing is being continued to June 27, 2007 at the request of the applicant. Commissioner Clapper noted that the April 24th work session minutes were not included on the agenda, but they are in the packet and therefore need to be the subject of a motion of approval. PUBLIC COMMENT: None COMMISSIONERS COMMENTS: Commissioner Clapper congratulated Wayne Romero for his success in wining the election and becoming a City Council member last night. Additionally, she congratulated the other candidates who will be in the runoff election on June 5th BOARD OF COUNTY COMMISSIONERS 1 REGULAR MEETING MAY 9, 2007 Commissioner Richards thanked all the voters in the city of Aspen who turned out and made their voices heard for the support of the bus lane question. Additionally she thanked the Women's Foundation of Colorado and Nan Sundeen and Susan Berdahl for having a session where the sustainability standard was presented related to the economic difficulties in surviving in high resort community priced areas and across the state for women who are trying to raise a family or to become self sustaining economically. Finally, she said that she believes it is important to acknowledge that the war seems to continue, and since the last meeting on April 25th there have been an additional 48 American troop members killed. And it is also reported, by the British Medical Journal that they estimate 655,000 Iraq citizens have died since the inception of the war in 2003 and that relates to about 500 people a day. The board and the audience had a moment of silence. CONSENT ACTIONS: MINUTES OF BOARD OF COUNTY COMMISSIONERS' WORK SESSION MEETINGS OF APRIL 17 AND APRIL 24. 2007: AND THE REGULAR MEETING MINUTES OF APRIL 25. 2007 - MOTION TO APPROVE STAFF PERSON: JEANETTE JONES. DEPUTY COUNTY CLERK COLORADO MOUNTAIN COLLEGE SPECIAL EVENT LIQUOR L1CENSE- MOTION TO APPROVE - STAFF PERSON: JEANETTE JONES. DEPUTY COUNTY CLERK Commissioner Richards moved approval of the items on this portion of the agenda. Commissioner Clapper seconded the motion. Motion passed with three yea votes. Commissioners Hatfield and Farris not present. CONSENT ACTIONS: 1ST READINGS. SET FOR PUBLIC HEARING ON MAY 23. 2007: FIRST READING - RESOLUTION ADOPTING A MASTER PLAN FOR TRANSLATOR COMMUNICATION SITES ("THE PLAN")- MOTION TO APPROVE ON FIRST READING AND SET FOR SECOND READING AND PUBLIC HEARING ON MAY 23.2007 - STAFF PERSON: RENEE NOFZIGER, TRANSLATOR MANAGER FIRST READING - ORDINANCE REPEALING ORDINANCE NO. 002-2001 AND REPEALING AND REENACTING TITLE 6 (HEALTH AND SAFETY - AMBULANCE L1CENSING1 OF THE PITKIN COUNTY CODE - MOTION TO APPROVE ON FIRST READING AND SET FOR SECOND READING AND PUBLIC HEARING ON MAY 23.2007 - STAFF PERSON: ELLEN ANDERSON. EMERGENCY MANAGEMENT COORDINATOR BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING MAY 9, 2007 FIRST READING - RESOLUTION AUTHORIZING THE AMENDMENT TO INTERGOVERNMENTAL AGREEMENT TO JOIN THE ROCKY MOUNTAIN RAIL AUTHORITY - MOTION TO APPROVE ON FIRST READING AND SET FOR SECOND READING AND PUBLIC HEARING ON MAY 23.2007 - STAFF PERSON: MICHELLE CERF. ADMINISTRATIVE ASSISTANT FIRST READING - ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE BUREAU OF LAND MANAGEMENT FOR THE ADMINISTRATION OF CERTAIN COMMERCIAL RAFTERS TAKING OUT AT WINGO JUNCTION - MOTION TO APPROVE ON FIRST READING AND SET FOR SECOND READING AND PUBLIC HEARING ON MAY 23.2007 - STAFF PERSON: BARB D'AUTRECHY. OPEN SPACE AND TRAILS FIRST READING - ORDINANCE ACCEPTING THE CONVEYANCE OF A PUBLIC TRAIL EASEMENT FROM LEONARD WALDBAUM AND SHARI AND DAVID PRESS TO THE PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS - MOTION TO APPROVE ON FIRST READING AND SET FOR SECOND READING AND PUBLIC HEARING ON MAY 23, 2007 Commissioner Clapper moved approval of the items on this portion of the agenda. Commissioner Richards seconded the motion. Motion passed unanimously. CONSENT PUBLIC HEARINGS - SECOND READINGS SECOND READING AND PUBLIC HEARING - RESOLUTION PROVIDING SUPPLEMENTAL APPROPRIATIONS TO THE 2007 BUDGET FOR 2006 CARRYOVER PROJECTS AND OTHER 2007 PROJECTS APPROVED TO DATE - MOTION TO APPROVE - STAFF PERSON: DEBE NELSON. FINANCE DIRECTOR SECOND READING AND PUBLIC HEARING - RESOLUTION AUTHORIZING THE FILING OF A NEW PASSENGER FACILITY CHARGE APPLICATION TO BE FILED WITH THE FEDERAL AVIATION ADMINISTRATION (FAA1- MOTION TO APPROVE - STAFF PERSON: DAVID ULANE. ASSISTANT AVIATION DIRECTOR Chairman Owsley opened the public hearing on these items. There being no public comment, he closed the public hearing and brought the matter back to the board for action. Commissioner Richards moved approval of the items on this portion of the agenda on second reading. Commissioner Clapper seconded the motion. Motion passed unanimously. LAND USE PUBLIC HEARINGS: BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING MAY 9, 2007 RESOLUTION GRANTING APPROVAL OF DETAILED SUBMISSION AND FINAL PLAT TO THE FIFIELD SUBDIVISION - MOTION TO APPROVE- STAFF PLANNER: EZRA LOUTH IS Applicant: Jim and Betsy Fifield Applicants' Representative: Glenn Horn, Davis, Horn, Inc. Summary of Request: Application for Detailed Submission and Final Plat approval for the Fifield Subdivision Ezra Louthis proceeded with staff's presentation as summarized in his memorandum contained in the BOCC packet for this meeting. Glenn Horn, representing the applicant said that all the conditions are acceptable to the applicant. Chairman Owsley referred to a letter in the packet, from the Buttermilk Metropolitan District dated February 1, 2007, stating that the district may seek reimbursement for costs associated with the extension of three-phase electrical service along Buttermilk Road. He said he questions what this means because typically, three-phase electrical service is an industrial application. He asked the applicants if they are agreeing to this condition. Glenn Horn said he thinks they would calculate the service demands of the house and see whether it pushes it over the edge to the three-phase. And if it does they may want to look at cutting back on the electrical demands for the house or evaluate it. He said he does not think that they are committing to do this, but rather, they are just saying this is the way it is. Chairman Owsley asked how the scenic review with the story poles, worked out with the neighborhood. Glenn Horn responded that they worked that issue out the week before the conceptual review and additionally, they brought the house down where it won't break a ridge line. Also, they have committed to not disturbing the existing fur trees behind the house throughout the construction of the house. Commissioner Clapper moved approval of the resolution approving the Fifield application as written. Commissioner Richards seconded the motion. Motion passed with three yea votes. Commissioners Hatfield and Farris not present. LAND USE ACTIONS: BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING MAY 9, 2007 BENSON 1041 HAZARD REVIEW AND SPECIAL REVIEW FOR A CARETAKER DWELLING UNIT - TAKINGS DETERMINATION - MOTION TO CONTINUE TO JUNE 27. 2007 Commissioner Clapper moved to continue this application to June 27, 2007. Commissioner Richards seconded the motion. Motion passed with three yea votes. Commissioners Farris and Hatfield not present. FORWARDING OF THE 2006 ANNUAL RURAL AREA GMQS SCORING - MOTION TO ACCEPT SCORING - STAFF PLANNER: EZRA LOUTHIS - NO ACTION REQUIRED RESOLUTION GRANTING SPECIAL REVIEW APPROVAL TO RON AND ZANA TIMROTH FOR A LIMITED DEVELOPMENT CONSERVATION PARCEL. AND APPROVING AN ACTIVITY ENVELOPE AND A CARETAKER DWELLING UNIT - MOTION TO APPROVE - STAFF PLANNER: SUZANNE WOLFF Applicants: Ron and Zana Timroth Applicants' Representative: Glenn Horn Summary of Request: Approval to sever TDRs from a Limited Development Conservation Parcel on which no further redevelopment is proposed, except as permitted pursuant to Section 6-70-40.a.9. The following approvals were requested: . Activity Envelope . Special Review for Severance of TDRs from a Limited Development Conservation Parcel and a Caretaker Dwelling Unit . GMQS Exemption for a Caretaker Dwelling Unit Suzanne 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. Ms. Wolff said that the one issue that she and Glenn Horn just discussed this morning was whether or not the code allows replacement within the same footprint, which would be within the 100 foot setback. She said that would be allowed, but they would be limited to that footprint and limited in area and bulk to what exists, and they couldn't go beyond this even for the disturbance associated with construction. So there would be some allowance for replacement portions of the residence in this area, but staff needs to add some conditions into the approval specifying what could be in that area and that there couldn't be any disturbance, essentially, outside of the line of that house. BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING MAY 9, 2007 Ms. Wolff proceeded with her presentation as addressed in her memorandum. She said that staff supports the request and recommends approval of the application. Commissioner Richards asked if there were any methods to take care of the potential of whirling disease. She said it is her understanding that there were new standards coming forward from the Division of Wildlife with respect to this hazard. Suzanne responded that her understanding is that when people create new ponds they need to comply with this standard. However, this pond has been a part and will continue to be a part of the East Sopris Creek channel and they do not stock the pond with fish. It was agreed that the standard condition associated with the Division of Wildlife's criteria, should be added to the resolution with respect to this issue. Glenn Horn gave a presentation associated with the applicant's request as addressed in their application contained in the BOCC packet for this meeting. He said the Timroth's plan to live on the land the rest of their lives and they are most appreciative of the legislation being created to allow them to meet their family's goals and also meet county goals by preserving so much critical wildlife land in a conservation easement. Mr. Horn explained that they were operating mistakenly because they were under the impression that the activity envelope was limited to two acres. He said he spoke to his clients just before the meeting about the possibility of expanding the boundaries of the envelope to make the activity envelope a little larger than they originally drafted. So they would request a modification to expand the envelope slightly on the up valley side taking into consideration a set back from the creek, slopes, etc. due to the fact that there is not a two-acre constraint. He said this would give the Timroth's a little more flexibility in planning the site in the future. With respect to the activity envelope, pursuant to the code, the approval is only good for ten years and then it lapses. The vested property rights are only good for three years and then after the three years an application has to be made for an extension. He said their goal would be that there would be a long term vesting and a long term activity envelope approval for the Timroth family or their successors or assigns that corresponds somewhat with the long term conservation easement that is being placed on the property, and he thinks the Board could approve this in the form of a development agreement. So their request is that the board allows them to work with staff and the county attorney to prepare a development agreement that meets with their approval that provides for an approval for at least 25 to 30 years. BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING MAY 9, 2007 After a discussion, it was the consensus of commission members that it would be appropriate to enter into a development agreement for a period of 25 years. Additionally, board members agreed that they would approve an increase in the size of the activity envelope to the east as requested by the applicants. After a discussion the following amendments were made to the conditions of approval: . Condition No.2 - Language to be added which reflects language in the conservation easement which is specific to what activities are to be allowed and/or prohibited in the pond area. . A condition with respect to the DOW regulations associated with stocking of fish in the pond. . Condition No.8 A. Add language which states that wildfire mitigation will be required as recommended by a state certified wildfire expert. . Condition No. B. 2) Staff to consult with the building officials to incorporate what their requirements would be with respect to sprinkler systems being installed in new structures or whether it should be just the new structure/addition or retrofitting the existing structure also. Glenn Horn commented that Ron and Zana have a problem with conditions 9 B. and C. . Condition NO.9 C. Mr. Timroth commented that he had a bad experience with the Division of Wildlife with respect to the trapping of a doe and her fawn early in the 60's, for tagging purposes, which resulted in the animals being abused. It was agreed that this condition would be amended to read: Access shall be provided to the Colorado Division of Wildlife only with the consent of the owner for trapping, tagging, studying, or otherwise managing wildlife. . Condition NO.9 B. Mr. and Mrs. Timroth said that wildlife comes to visit them and they eat the berries on the fruit trees. However, they don't want somebody coming out there and killing the animals because they have been tagged twice. It was agreed that the Condition would be amended to read "No further fruit bearing trees and shrubs shall be planted within the activity envelope". BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING MAY 9, 2007 Mr. Timroth said he would like to thank Cindy Houben for the ingenuity that she developed in leading them to the place that they are today where they are able to stay in their home, die in their home and be responsible citizens and pay their taxes. He said he would like people to know that he appreciates the efforts of Cindy Houben, Lance Clarke, Ellen Sassano, Suzanne Wolff and Warren Rider for going though all the work that was needed to make this a successful project. Additionally, he extended his appreciation to the county commissioners for having taken this different direction and considering their request. Chairman Owsley opened the hearing to public comment. There being no public comment, he closed the public hearing and brought the matter back to the board for action. Commissioner Clapper moved approval of the Resolution approving the Timroth application as amended. Commissioner Richards seconded the motion. Motion passed with three yea votes. Commissioners Farris and Hatfield not present. RESOLUTION DENYING THE RUSSELL APPEAL OF HEARING OFFICER DETERMINATION NO. 8-2007 FOR LOTS 10 AND 11 OF THE NON-BOCC APPROVED SAMUELSON SUBDIVISION LOCATED AT 48 AND 70 RIVER BEND ROAD - MOTION TO DENY - STAFF PLANNER: MICHAEL KRAEMER Appellant: Scott Russell Request: An appeal of the Hearing Officer denial pursuant to Section 4-160-40 of the 1994 Land Use Code. Mike Kraemer, staff planner, proceeded with a presentation associated with this appeal as addressed in his memorandum to the board contained in the BOCC packet for this meeting. Mr. Kraemer summarized that staff is recommending denial of the appeal, but that the board make a finding though a health, safety, welfare provision of the code to allow this type of bank stabilization to occur. Commissioner Richards commented that she is having a problem of not having a visual of what the proposed walk-out basement will look at with the new plan. Scott Russell introduced himself as the owner of 48 River Bend Road and representing 70 River Bend Road, which is to the right of his house. He explained that there has been bank stabilization and improvement work in the floodplain and out of the floodplain on either side of their properties and in fact the two neighbors that are against this approval have restabilized their banks. He said the plan that the board has showing both properties and the patio area is BOARD OF COUNTY COMMISSIONERS 8 REGULAR MEETING MAY 9, 2007 all within the approved 1041 building envelope and it is outside of the 20-foot river setback. With respect to the walk-out basement and the patio area he said they will walk out from the house to a patio area that is behind a revegetated wall. He said there is a letter from the DOW indicating that several cottonwood trees had been killed due to the construction on his site. He said he adamantly denies that. He explained that the existing cottonwood trees on the bank area are dying and being lost to the river every year due to the erosion and the roots being killed by the sun not because of their excavation. He said in the past ten years he has been measuring the erosion of the bank and it is unbelievable how fast the bank is eroding. He said they are in a situation where if nothing happens the whole thing will fall in and their foundation wall will be exposed to the river, and they have been trying to come up with something that is reasonable, working with staff to restabilize as much of the bank that they can save without getting into real safety issues with their house and their footings hanging out over the river. He further said with their proposed cut (an organic line) they will be about the same elevation as both neighbors. Commissioner Clapper questioned whether there would be a need for stairs going down to the river. Curt Sanders, representing the applicant said there are already two existing stair cases which are pre-existing non-conforming structures and their proposal is to clean them up and make them safe. He believes under the old land use code Section 6-40-030 (c) it allows for certain restoration to go on with respect to pre- existing nonconforming structures. Lance Clarke explained to the board that the old code had a 20 foot setback from the high water line and the new code states a 100 foot setback that can be, under some circumstances, reduced to 50 feet. Had this code been in effect prior to this house being built, the house would not be in this location and we would have a whole lot more river bank to work with in this stabilization project. Chairman Owsley said it seems to him, what is being asked is to take some of the slope away and allow access and a view from the house and that is not really, strictly speaking, slope stabilization. He said he is sympathetic to slope stabilization and to the applicant preserving his property, but in that process of that removing essentially half the slope there so he can have a view of the river doesn't seem to him to be a good hearted effort to slope stabilization. So he is actually very unsympathetic to this particular project as it is outlined here. Commissioner Richards commented that she thinks there are probably different approaches to stabilization that might be more pure to the intent of stabilization as opposed to what would be for the house design. Scott Russell said the bank is red clay and their engineers told them that there is no way they could use pylons because the bank will continue to erode so that BOARD OF COUNTY COMMISSIONERS 9 REGULAR MEETING MAY 9, 2007 was an option that they had to abandon. He said they have studied different ways to restabilize and revegetate and this is what they have come up with, with staff, as the best solution. He further said if they don't do anything the bank will continue to erode. Kathryn Berg, county planning engineer, commented that she worked with the applicant and this was the best compromise given the limitations of the site. She further said that at some point of time something will have to be done in the river floodplain because the bank is going to continue to erode due to the sharp turn of the river. Commissioner Clapper said she would like to see as much height maintained in any form of stabilization and as much revegetation as possible. With respect to the stairs, she said she cannot support keeping the stairs. She questioned if there would need to be any Army Corps of Engineer's permits? Warren Rider responded that it depends upon what the final verdict it as to whether or not any permits would be needed. As long as Russell stays out of wetland areas and above the ordinary high water mark the corps will not require a permit. Once he starts going below that ordinary high water or fills or dredges wetlands then the corps with require a permit. He said the proposal on the table today would not require a corps permit. Chairman Owsley said he is not happy with this particular stabilization plan because he doesn't think it optimizes stabilization of the bank, but rather, he thinks it optimizes to some degree, the view of the river from the lower level. At this point he opened the public hearing for public comment. Ann Gurchick an adjoining neighbor downstream said she bought her property about a year and one half ago and all that bank stabilization was in place when she bought it. She further said she does not agree with the nature of his revegetation plan because she thinks he is trying to optimize the view from the house and not revegetation of the river. She thinks the river can be revegetated and more of the height left. Joan Mecseri said she lives on the other side of River Bend Road and she has seen the erosion going on also. She said she agrees with Ann knowing that what was there and then to decide to build a house this big and know what you are going to have to contend with, it should not have been done. She also questions how in the world anyone is going to get any equipment in there when there is only ten feet on either side of the house. Additionally, she expressed a concern that the rocks on the bank of the house next door are sliding. Copies of both these ladies letters are contained in the BOCC packet for this meeting. BOARD OF COUNTY COMMISSIONERS 10 REGULAR MEETING MAY 9, 2007 Commissioner Richards said the previous recommendation was that the BOCC adopt a motion to deny the appeal of the hearing officer's determination. She asked if the board were to deny would that denial then set a course where the applicant would continue to work on a new stabilization plan. Lance Clarke responded that the hearing officer read the code and found that this application should be denied and staff would still recommend that the appeal be denied, but staff has come to the conclusion that because there is a virtual emergency of a health, safety and welfare issue that we could move forward with a floodplain and an earth moving permit, separate from the 1041 issue because this is a bank stabilization issue. Commissioner Richards stated that based on that advice she would be supportive of moving forward to deny the appeal of the hearing officer determination and give direction to staff based on the sense of the board that the stabilization of the river is a life safety issue and should be dealt with promptly. But with a reconfigured plan that has more to do with the health safety welfare issues and the height of the bank, not creating views from a walkout basement area. She said she would like to see how the plan is going to be worked on for the actual "in the river" portion of this. She thinks the plan for that should be in place before we really see what the bank stabilization plan is. Commissioner Clapper said she agrees, but she thinks the whole bend of the river needs to be studied in order to really do the work that needs to be done rather than just focus in on one or two lots, but she does not know if the board can do that at this point because of the other neighbors. However, she said she would specifically like to see, no matter what is done that the height and revegetation be maintained as much as possible. John Ely, County Attorney, stated that given the comments from Commissioners Richards and Clapper he is wondering if the board wants to see any proposed permits that might be issued before they are issued. Typically, the way the code is set up, the board would not see these permits. So if it chooses to take another look at them they need to so direct at this juncture. Commissioner Clapper seconded the motion made by Commissioner Richards. Chairman Owsley clarified the motion which includes denial of the appeal of the hearing officer and further instructions to the staff that upon the issuance of the floodplain and stabilization permits that the board have the opportunity to see those plans to insure that the best possible methods of bank stabilization have been addressed. Motion passed with three yea votes. Commissioners Farris and Hatfield not present. BOARD OF COUNTY COMMISSIONERS 11 REGULAR MEETING MAY 9, 2007 That they think the GMQS regulations, as they apply to the Rural and Remote Zone District, are not really functional and they don't really advance the board's policy goals and therefore, they would ask that the board reconsider the GMQS regulations as they relate to properties in the Rural and Remote Zone District. He understands that the county might like to see those parcels sterilized pursuant to a TDR, but a TDR is not the same as the right to develop your own real property. He said they don't think that a reduction from 1,000 square feet to 750 square feet is meaningful. He said he would make further suggestions and forward these ideas to the board in the form of a letter. Grafton Smith commented that if the only way to get development in rural and remote is to go through the GMQS process, and the only way to get through GMQS is to build less than 1,000 square feet then the 1,000 square feet that is allowed, under the rural and remote district, does not exist. So technically speaking, you might be just as well served to make rural and remote a 500 square foot house. He does not think this is right and he thinks that the GMQS as it relates to rural and remote that you should be able to navigate your way through it and still leave the underlying zoning in tact. Lance Clarke clarified that what is being talked about is creating new development rights on lots that don't have development rights. Anyone with a mining claim on the backside of Aspen Mountain with a pre-existing growth management can build 1,000 square feet; we are only talking about those people who creating new development rights and that needs to be made clear. BOCC DISCUSSION: The board entered into a short discussion period on matters not on the agenda. ADJOURNMENT: Commissioner Clapper moved to adjourn the meeting at 3:12 P.M. Commissioner Richards seconded the motion. Motion passed with three yea votes. Commissioners Farris and Hatfield not present. BOARD OF COUNTY COMMISSIONERS 12 REGULAR MEETING MAY 9,2007 Respectfully submitted, (\ I " '(. "J /,' /11 M' hael M. Ow Ie Chairman of the Board of County Commissioners glbocclm inutes\2007105092007 BOARD OF COUNTY COMMISSIONERS 13 REGULAR MEETING MAY 9,2007