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HomeMy WebLinkAboutboccminreg06272007 PITKIN COUNTY COMMISSIONERS REGULAR MEETING AGENDA Plaza One Meeting Room WEDNESDAY, JUNE 27, 2007 (Commissioner Clapper Not Present) 12:00 NOON ADDITIONS/DELETIONS TO AGENDA PUBLIC COMMENT, COMMISSIONER COMMENTS CONSENT ACTIONS I. Minutes of 5/23 Regular Meeting, 511 5, 5/22 and 6/5 Work Sessions 2. Ambulance Licenses, Rich Walker 3. Resolution Appointing Hearing Officers for Board of Equalization, Jeanette Jones 4. Resolution Appointing Weed Advisory Board Member, Michelle Cerf CONSENT ACTIONS- 1st Readinl!s, Set for Public Hearinl! on Julv Il'h 5. Ordinance Authorizing Purchase of the Redstone Powerhouse Parcel, Barb D'Autrechy 6. Emergency Ordinance Authorizing Airport Terminal Leases, IJave Ulane CONSENT PUBLIC HEARING, 2nd Readinl! 7. Ordinance Authorizing Contract for Conservation and Trail Easement for Jerome Park, Dale Will 8. Resolution Authorizing Renewal of Intergovernmental Contract for Consumer Protection for the Colorado Department of Public Health and Environments, Carla Ostberg 9. Resolution Establishing Fees for Recording Images through Web and On-Line Research for the County Clerk and Recorder, Janice Vos-Caudill 10. Ordinance Amending Pitkin Couoty Code Sections 10.16.010 and 10.16.020 Concerning Airport Landing Fees, Tom Oken 11. Ordinance Authorizing Vacation & Conveyance of Trentaz Dr to Starwood Metropolitan District, Temple Glassier LAND USE CONSENT PUBLIC HEARINGS 1. Appeal of Board of Adjustment Determination on Little Cloud Lot 3, PH (Appeal Withdrawn) 2. Hopkinson Reinstatement of Vested Rights, (Continued to 7/25/07), PH (PN 5/27/07), E. Louthis 3. Flying Dog Ranch PUD, Rezoning, Code Amendments, 1041 Hazard Review, Special Review, GMQS Exemption, (Continued to 7/25/07), PH (PN 211 1/07), S. Wolff LAND USE CONSENT ACTIONS 4. Forwarding Final Planning Commission GMQS Scores for the 2007 Rural Area ,E. Louthis 5. Allocation of 2006 Rural Area Residential GMQS Allotments (New Code), Ezra Louthis LAND USE PUBLIC HEARINGS 6. Grosjean Trust Constrained Site TDR(s), PH (PN 5/27/07), S. Wolff 7. Open Space Subdivision Exemption/Mollie Gibson Park, PH (PN 5/27/07),1. Clarke 8. Brown 1041 Appeal, (Continued from 6/13/07), PH (PN 5/27/07), E. Louthis LAND USE ACTIONS 9. Sawmill Hill Minor Amendment to Development Permit, 1. Clarke 10. Benson Takings Hearing, (Continued from 5/9/07), M. Kraemer 11. Mountain Queen Amendment to a Development Permit, (Continued from 6/13/07), S. Wolff 12. Ashcroft Ski Area Master Plan Amendment (All Mitigation Plan), (Con't from 6/13/07), S. Wolff BOCC OPEN DISCUSSION ADJOURN THURSDAY, JUNE 28, 2007 6:30 PM Woody Creek Caucus, Woody Creek Store FRIDAY, JUNE 29, 2007 9 AM - 3 PM Transportation Finance and Implementation Panel in Meeker APPROVED JULY 25, 2007 MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR MEETING JUNE 27, 2007 NOTE: For all staff memorandums and associated documents, including additional exhibits submitted to the record, refer to the BOCC PACKET FOR JUNE 27, 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 Owsley, Dorothea Farris, Jack Hatfield and Rachel Richards. COMMISSION MEMBERS ABSENT: Commissioner Patti Kay-Clapper was attending a meeting out of town. ADDITIONS/DELETIONS TO AGENDA: Although there were no additions/deletions, County Manager Hilary Fletcher asked to pull the Ambulance Licenses from the Consent Actions portion of the agenda for discussion. COMMISSIONER COMMENTS: Commissioner Hatfield congratulated the City of Aspen and the Town of Snowmass Village for their weekend of Jazz Aspen Festival, Challenge Aspen and the benefit with Amy Grant and Vince Gill. Commissioner Hatfield also thanked a list of entities that were a part of the recent airport runway extension/terminal project. The Commissioner went on to also comment about the Entrance to Aspen. Commissioner Richards spoke about the Transportation Summit that she attended on Friday in Glenwood Springs. She also thanked those who participated in the Jazz Aspen event. She asked for a moment of silence for those lost in the war. 91 American troop members were killed in June and 126 in May. She added that 111 members of American troops have died from self- inflicted wounds at this point. 407 American troops have also died so far in Afghanistan in a war that, she said, has continued quietly behind the scenes. BOARD OF COUNTY COMMISSIONERS 1 REGULAR MEETING JUNE 27, 2007 Commissioner Farris addressed the recent West Elk Loop Scenic Historic By- Way Committee meeting. Chairman Owsley commented on the volunteer board member's picnic and thanked those people who volunteer for those boards. PUBLIC COMMENT: Toni Kronberg addressed the board regarding the following three informational items: 1 2 Aspen City Work Session on July 03, 2007 regarding the design of the Recycling Center Thanked the BOCC for changing the direction on Smith Way intersection Entrance to Aspen information 3 Chairman Michael Owsley read aloud an unsigned letter from David and Shari Press, as requested, regarding the Castle Creek walking trail. Said letter can be found in the additional exhibits at the end of today's meeting packet. Regarding the Press letter, Chairman Owsley remarked that it's better for the writer to read their own letters as they can give emphasis that he might not give. He asked that writers with "beefs" against the County bring their own letters in and read them aloud themselves. CONSENT ACTIONS: MINUTES OF BOARD OF COUNTY COMMISSIONER WORK SESSION MEETINGS OF MAY 1S. 2007. MAY 22. 2007. AND JUNE OS. 2007 AND REGULAR MEETING MINUTES OF MAY 23.2007 AND SPECIAL MEETING MINUTES OF JUNE OS. 2007 - MOTION TO APPROVE. AS CORRECTED STAFF: LYNDEE R. DEAN/JEANETTE JONES. CLERKS TO THE BOARD Commissioner Hatfield noted that the regular meeting minutes of the BOCC need to be corrected to show him as being not present at the May 23, 2007 regular meeting. READING ON RESOLUTION APPOINTING HEARING OFFICERS TO SERVE AS THE BOARD OF EQUALIZATION AND APPOINTING ARBITRATORS TO HEAR APPEALS FROM DECISION OF THE 2007 BOARD OF EQUALlZTION - MOTION TO APPROVE STAFF: JEANETTE JONES. CLERK TO THE BOARD BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING JUNE 27, 2007 Commissioner Farris informed County Manager Hilary Fletcher that she was withdrawing her offer to be one of the Hearing Officers for the Board of Equalization this year. READING ON RESOLUTION APPOINTING A MEMBER TO THE WEED ADVISORY BOARD - MOTION TO APPROVE STAFF: MICHELLE CERF. EXECUTIVE ASSISTANT Commissioner Hatfield moved to approve items 1, 3 and 4 under Consent Actions, with the correction to the minutes as requested. Commissioner Richards seconded the motion. Motion passed 4 to 0 with Commissioner Kay-Clapper not present. GRANT OF LICENSE/PERMIT FOR ASPEN AMBULANCE DISTRICT MEDIC 1 AND AMERICAN MEDICAL RESPONSE MEDIC 145 - MOTION TO APPROVE. AS REPRESENTED THAT IT IS FOR ONE SPECIAL EVENT THIS YEAR AT THE WOODY CREEK RACEWAY. LOTUS CAR CLUB RALLY1 STAFF: RICH WALKER Hilary Fletcher requested that the board make a motion to accept these licenses, specifically the AMR license, conditioned on the applicant's representation which is that he is here to service one special event this year. Commissioner Hatfield moved to approve the grant of license/permit for the ambulance licenses, as conditioned on the AMR license that the applicant's representation is that he is here to service one special event this year (Lotus car club rally at the Woody Creek Raceway). Commissioner Richards seconded the motion. Motion passed 4 to 0 with Commissioner Kay-Clapper not present. CONSENT ACTIONS _1ST READINGS. SET FOR PUBLIC HEARING ON JULY 11. 2007: Commissioner Hatfield asked to pull the Redstone Powerhouse Parcel item for discussion. FIRST READING ON EMERGENCY ORDINANCE AUTHORIZING THE 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 AND ADOPT AT FIRST READING AND SET CONFIRMATORY READING AND PUBLIC HEARING TO JULY 11. 2007 Commissioner Hatfield moved to approve and adopt the Emergency Ordinance Authorizing Airport Terminal Leases at first reading and set BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING JUNE 27, 2007 confirmatory reading and public hearing to July 11, 2007. Commissioner Richards seconded the motion. Motion passed 4 to 0 with Commissioner Kay-Clapper not present. FIRST READING ON ORDINANCE AUTHORIZING EXECUTION OF THE CONTRACT FOR PURCHASE OF REDSTONE POWERHOUSE PROPERTY - MOTION TO APPROVE AT FIRST READING WITH DIRECTION TO STAFF TO RETURN AT SECOND READING AND PUBLIC HEARING ON JULY 11. 2007 WITH MORE INFORMATION REGARDING A POTENTIAL EASEMENT OR A POSSIBLE BRIDGE STAFF: BARB D'AUTRECHY, OPEN SPACE AND TRAILS Commissioner Hatfield had questions for Barb D'Autrechy of Open Space. He said that an easement for a possible bridge going to the castle has been brought to the board's attention. Ms. D'Autrechy said that the only information she had was that there were preliminary discussions. She has no details nor does she know for what the easement would be used. Peter Martin of Redstone informed the board that he was familiar with this issue. He said that historically, whenever improvements around the castle area are discussed staff has brought up the desirability for a vehicular bridge. There was a bridge in Osgood's day, he added. He said that there will probably be a need for another vehicular access. He does not want to hold up the disposition of this item if there were some way to refer it to Community Development, the legal department and Open Space. He thinks that the board will find general support for it. John Ely, County Attorney commented that the board may want to alter the form of the Ordinance and accept it at first reading with an additional component, such that if the right of way can be demonstrated that the acquisition of the property by the County makes an allowance for its future use so that the County would not be foreclosed from reestablishing that easement across this property through the County's acquisition. Mr. Martin added that there are two alternative bridge sites. DIRECTION TO STAFF - return at second reading and public hearing with more information regarding a potential easement or a possible bridge at that location. Commissioner Farris moved to accept this at first reading and set second reading and public hearing to July 11, 2007 WITH DIRECTION TO STAFF. Commissioner Richards seconded the motion. Motion passed 4 to O. BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING JUNE 27, 2007 CONSENT PUBLIC HEARING - 2ND READINGS: SECOND READING AND PUBLIC HEARING ON ORDINANCE AUTHORIZING EXECUTION OF THE CONTRACT FOR PURCHASE OF CONSERVATION AND TRAIL EASEMENT FOR JEROME PARK - MOTION TO APPROVE STAFF: DALE WILL. DIRECTOR OF OPEN SPACE AND TRAILS SECOND READING AND PUBLIC HEARING ON RESOLUTION AUTHORIZING PITKIN COUNTY TO PERFORM CONSUMER PROTECTION SERVICES ON BEHALF OF THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT - MOTION TO APPROVE STAFF: CARLA OSTBERG, ENVIRONMENTAL HEALTH DIRECTOR SECOND READING AND PUBLIC HEARING ON RESOLUTION ESTABLISHING FEES FOR SERVICE TO ACCESS RECORDING IMAGES THROUGH WEB. ON-LINE RESEARCH AND/OR FTP IMAGE UPLOADS OF RECORDED DOCUMENTS MAINTAINED BY THE PITKIN COUNTY CLERK AND RECORDER DEPARTMENT - MOTION TO APPROVE STAFF; JANICE VOS CAUDILL. CLERK AND RECORDER SECOND READING AND PUBLIC HEARING ON ORDINANCE AMENDING THE PITKIN COUNTY CODE SECTIONS 10.16.010 AND 10.16.020 CONCERNING AIRPORT LANDING FEES - MOTION TO APPROVE STAFF: TOM OKEN, COUNTY FINANCIAL OFFICER SECOND READING AND PUBLIC HEARING ON ORDINANCE AUTHORIZING VACATION AND CONVEYANCE OF TRENTAZ DRIVE TOTHE STARWOOD METROPOLITAN DISTRICT - PULLED FOR ADDITIONAL DISCUSSION STAFF: TEMPLE GLASSIER, DIRECTOR OF PUBLIC WORKS/ASSETS AND JOHN ELY. COUNTY ATTORNEY The board requested that the Ordinance regarding the vacation and conveyance of Trentaz Drive be pulled for additional discussion. Commissioner Farris, however, moved to approve the remaining items 7 through 10 ofthe Consent Public Hearings portion of the agenda. Commissioner Hatfield 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 Kay-Clapper not present. SECOND READING AND PUBLIC HEARING ON ORDINANCE AUTHORIZING VACATION AND CONVEYANCE OF TRENTAZ DRIVE TO THE STARWOOD BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING JUNE 27, 2007 METROPOLITAN DISTRICT - MOTION TO CONTINUE TO AUGUST 22. 2007 WITH DIRECTION TO STAFF STAFF: TEMPLE GLASSIER. DIRECTOR OF PUBLIC WORKS/ASSETS AND JOHN EL Y. COUNTY ATTORNEY Deputy Director of Public Works/Assets Temple Glassier and Paul Taddune, attorney representing Starwood were both present to respond to questions from the board. The public hearing was opened on this item. De De Brinkman and Roxanne Wilsky would prefer that this road not be conveyed to the Starwood Metro District as they trust the BOCC and would prefer to come in and talk to them with their issues. She and Roxanne Wilsky's concerns today were with the guardrail itself, people parking outside of that guardrail, speed on the road, and proper notification of addresses for new owners' used for notification. Chairman Owsley noted that there were still outstanding concerns that he thought would have been resolved by now. Commissioner Farris moved to accept the Ordinance authorizing vacation and conveyance of Trentaz Drive to the Starwood Metropolitan District. She also disclosed that her husband help to build that road in the 1960's. Chairman Owsley seconded the motion. Mr. Taddune said that he believes the board needs to uphold agreements that their predecessors entered into and that went through a public hearing process. Mr. Taddune said that he was disappointed because he thought Ms. Brinkman's concerns were addressed. He would like to work on that and come back and assure the board that the concerns have been looked into. A new motion was made for continuation that supersedes the previous motion. Commissioner Farris made a new motion to continue the second reading and public hearing of this item to the August 22, 2007 regular meeting of the board. Commissioner Richards seconded the motion. STAFF DIRECTION: Commissioner Farris would like staff to return on August 22, 2007 with some kind of memo that says what has to be done to the road to bring it up to County standards for the County to maintain it. Also, what it would cost and what it would do to condemnation of neighboring properties to make that road bigger. BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING JUNE 27, 2007 Commissioner Hatfield requested that the property owners be contacted to see if they are all aware of this and have received the notification. Chairman Owsley said that he does not feel this is necessary as staff follows a standard procedure of notification. He said that those people who chose not to respond have given their power of veto to the next person. Chairman Owsley called the question. Motion to continue to August 22, 2007 passed 3 to 0 with Commissioner Hatfield abstaining and Commissioner Kay-Clapper not present. LAND USE CONSENT PUBLIC HEARINGS: APPEAL OF BOARD OF ADJUSTMENT DETERMINATION ON LITTLE CLOUD - APPEAL WITHDRAWN HOPKINS REINSTATEMENT OF VESTED RIGHTS - MOTION TO CONTINUE TO JULY 25. 2007 STAFF: EZRA LOUTH IS. COUNTY PLANNER FLYING DOG RANCH PUD. REZONING. CODE AMENDMENTS. 1041 HAZARD REVIEW. SPECIAL REVIEW. GMQS EXEMPTION - MOTION TO CONTINUE TO JULY 25. 2007 Chairman Owsley opened the hearing to public comment. There was none. Commissioner Farris moved to approve the Land Use Consent Public Hearings as follows: Little Cloud appeal withdrawn; Hopkins vested rights reinstatement continued to July 25, 2007; and Flying Dog Ranch PUD continued to July 25, 2007. Commissioner Hatfield seconded the motion. Motion passed 4 to 0 with Commissioner Kay-Clapper not present. LAND USE CONSENT ACTIONS: RESOLUTION OF THE PLANNING AND ZONING COMMISSION FORWARDING THE 2007 RURAL AREA RESIDENTIAL GROWTH MANAGEMENT QUOTA SYSTEM SCORES FOR ADDITIONAL FLOOR AREA TO THE BOARD OF COUNTY COMMISSIONERS - NO ACTION REQUIRED STAFF: EZRA LOUTH IS. COUNTY PLANNER READING ON RESOLUTION ALLOCATING 2006 RURAL AREA GMQS ALLOTMENTS FOR NEW SUBDIVISION LOTS/35+ ACRE PARCELS - MOTION TO APPROVE STAFF: EZRA LOUTHIS. COUNTY PLANNER BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING JUNE 27, 2007 Commissioner Hatfield moved to approve the Resolution allocating 2006 rural area GMQS allotments. Commissioner Richards seconded the motion. Motion passed 4 to 0 with Commissioner Kay-Clapper not present. NOTE: No motion required for the Resolution forwarding the 2007 rural area residential GMQS scores. LAND USE PUBLIC HEARINGS: READING AND PUBLIC HEARING ON RESOLUTION GRANTING ONE CONSTRAINED SITE TDR FOR PARCEL 4 OF SECTION 36 TO THE NICOLE LEE GROSJEAN TRUST - MOTION THAT THE PROPERTY IS CONSTRAINED AND TO MAKE TWO (21 TORS AVAILABLE FOR THIS SITE. BEING RESTRICTED TO NO DEVELOPMENT (ADDING SOMEHOW TO WORK WITH OPEN SPACE ON THE WATER RIGHTSl STAFF: SUZANNE WOLFF. COUNTY PLANNER . Applicant: Nicole Lee Grosjean Trust . Applicant's Representative: Paul Spencer . Summary of Request: The applicant submitted a request to the Community Development Department pursuant to Section 6-70-40.a.7 of the new Land Use Code to make a determination whether the parcel is "undevelopable or severely constrained" in order to obtain a TDR(s) in exchange for preservation of the parcel. Suzanne Wolff proceeded with her presentation as outlined in her staff memorandum. Paul Spencer, representing the Nicole Lee Grosjean Trust addressed the board. His three issues were the following: "" He agrees with the wildlife assessments. As far as the impacts of the current road and current houses he sees those as CURRENT impacts, or impacts in place prior to their studies. Notably, the road and the residence have been there for thirty-some years and these wildlife factors continue to exist so he doesn't see the pertinence of these particular aspects on the future of preserving the wildlife area. "" A somewhat similar constrained lot in Section 36 last fall had less of a wildlife presence than this one has been shown to have and, in that case, was shown to receive two (2) TDRs. "" Lastly, he has the property under contract for $475,000.00. The intention is to strip the development rights and preserve the value of the property. BOARD OF COUNTY COMMISSIONERS 8 REGULAR MEETING JUNE 27, 2007 "" He added that the property is approximately 300 feet from the BLM and 600 feet from the White River National Forest. There was no public comment given on this item. Commissioner Farris moved to accept staff's recommendation that the property is constrained and that one (1) constrained site TDR be issued for the parcel. Commissioner Richards seconded the motion. Further discussion developed. Chairman Owsley called the motion. Motion FAILED by a two to two vote. Commissioners Richards and Farris voted yea. Commissioners Hatfield and Owsley voted nay. Commissioner Kay-Clapper not present. Commissioner Hatfield said that he believes this property should be given two (2) TDRs due to the multiple layers of wildlife habitat and the fact that a similar property in this neighborhood was previously given two (2) TDRs. Commissioner Hatfield therefore moved that the property is constrained and to make two (2) TDRs available for this site, being restricted to no development (adding somehow to work with Open Space on the water rights). Chairman Owsley seconded the motion. Commissioner Richards added her comments saying that she agrees with the board on preserving this parcel for the wildlife values. She said that she thinks it's important for the future of the Land Use Code how staff makes determinations for recommendations and potentially the speculative value of sub-prime lots in this community for TDR value. Motion passed 4 to 0 with Commissioner Kay-Clapper not present. THE BOARD TOOK A 10-MINUTE BREAK AT THIS TIME. READING AND PUBLIC HEARING ON RESOLUTION APPROVING THE MOLLIE GIBSON PARCEL SUBDIVISION EXEMPTION FOR OPEN SPACE PARCELS - MOTION TO CONTINUE TO JULY 11. 2007 AT STAFF REQUEST STAFF: LANCE CLARKE. ASSISTANT DIRECTOR OF COMMUNITY DEVELOPMENT . Applicant: Pitkin County . Applicant's Representative: Alan Richman · Summary of Request: The applicant requests approval to subdivide the 7.92 acre Mollie Gibson Park Parcel to create a 6.16 acre BOARD OF COUNTY COMMISSIONERS 9 REGULAR MEETING JUNE 27, 2007 park parcel and 1.76 acre parcel that would be separate from the park parcel and available for conveyance. The County Attorney's office has requested that this item be continued to July 11, 2007. Chairman Owsley asked for public comment. There was none. Commissioner Richards moved to continue the Mollie Gibson Parcel Resolution reading and public hearing to July 11,2007. Commissioner Farris seconded the motion. Motion passed 4 to 0 with Commissioner Kay- Clapper not present. CONTINUED READING AND PUBLIC HEARING ON RESOLUTION DENYING THE BROWN APPEAL OF CONDITION NOS. 3A, 3B AND 3D OF HEARING OFFICER DETERMINATION NO. OS-2007. BROWN 1041 HAZARD REVIEW AND CONCEPTUAL SUBMISSION - MOTION TO DENY THE APPEAL AND SUPPORT STAFF'S CONDITIONS 3A, 3B AND 3D WITH COMPLETE. SUBSTANTIAL AND THOROUGH REMEDIATION. WITH STAFF DIRECTION FOR SECOND READING STAFF: EZRA LOUTHIS. COUNTY PLANNER . Applicant: David Brown . Applicant's Representative: Tom Newland, Planner Tom Smith, Attorney · Summary of Request: The applicant is appealing the February 20, 2007 decision by the Pitkin County Hearing Officer approving the Brown 1041 Hazard Review and Conceptual Submission. "" Specifically, he is appealing Condition 3A which requires a remediation plan for the illegal trail/two track located east (above) the water tank. "" And, Condition 38 which requires a remediation plan for the illegal road cut located on the northern property boundary (and shall contain a re- grading plan and a re-vegetation plan). "" And, Condition 3D which requires the applicant to submit an earthmoving permit for review and approval for the utility cut done with Holy Cross. The following four exhibits were submitted for the record. y A black and white map of the area highlighted in blue and pink. y A June 21, 2007 letter from Dale Paas in support of Mr. Brown continuing to use the legal easement he has had since purchasing the property. y A series of colored photographs of the area submitted by Mr. Brown. y Pictures marked Picture 1-Picture 8 submitted by Mr. Gina. BOARD OF COUNTY COMMISSIONERS 10 REGULAR MEETING JUNE 27, 2007 Ezra Louthis makes his presentation to the board as mirrored in his staff memorandum. Commissioner Richards raised the following concern. Maybe it's not Mr. Brown we're concerned with, she said, but with a potential owner in the future who has this option for vehicular access off another access point and will continue to clear vegetation. Commissioner Hatfield said that it seems inconsistent to him to leave the culvert there. Chairman Owsley opened the hearing to public comment. Tom Smith, attorney representing Mr. Brown, proceeded with his presentation. His June 20, 2007 letter to staff, which mirrors his presentation, mistakenly states that Aspen Grove Drive is a County road. It is not. He apologized for this error. Mr. Brown also addressed the board. His letter to the board dated June 19, 2007 is attached to the meeting packet material and outlines his requests regarding the above three (3) conditions as well as his position regarding the appeal. Garrett Brandt is an attorney representing Peter Gina who owns parcels adjacent to (north and east of) the Brown property. Mr. Gina supports Mr. Brown's right to develop his property, but as conditioned in Mr. Brant's memorandum to Ezra Louthis dated February 07,2007. . Trail constructed without permit is a catalyst for erosion and is an eyesore. Use of the trail could only result in trespass onto Mr. Gina's property. . Road easement along property line; Road construction without permit. . Utility easement from existing Brown service line to Gina's Lot 9. Again, Mr. Gina supports this application, with his requested changes as noted in the February 07, 2007 letter from Garrett Brandt. Mr. Brandt went over the changes themselves requested by Mr. Gina. They were: . Keep the full remediation requirement in the approval and have Mr. Brown restore the bar ditch as it was and re-vegetate it. He believes the culvert invites additional violation on this, not necessarily by Mr. Brown but by future owners or the public at large. Take out the culvert. . Picture 1 regarding the cut across the hillside where the trail was. Picture 2 is a 2005 fall image of this lot showing the cut. Picture 3 is a 1994 photograph and clearly, the magnitude of this has increased greatly, he said. Erosion will be a big issue. Mr. Brandt said that when a plan is presented, he would like notification on behalf of Mr. Gina. He would also like to get a completion date so that there can be a follow-up on this. BOARD OF COUNTY COMMISSIONERS 11 REGULAR MEETING JUNE 27, 2007 . Regarding utility lines, whenever possible Mr. Brandt would like utilities to be brought in on right-of-ways on existing roads. He would like an easement granted allowing connection of a line from Lot 10 to the north end of the existing electric service line on the Brown property. Such connection line would be buried underground, and following installation, Mr. Gina would restore any disturbed land to its prior condition. NOTE: Mr. Brown commented that Holy Cross gave him a map and he submitted that map to the Building Department. Mr. Smith responded to Mr. Brandt's conditions of approval request. He is fine with the request on Condition 3A. But, he added, he is asking the board to remove Condition 3B which has to do with removing the culvert. He said he thinks that should stay. Thirdly, on the issue of the earthmoving permit and the penalty of double fees, that is also not addressed by the remediation plan. That's a question for the board, he said, on whether they will grant some relief from that and deal with the fact that there was an electrical permit issued for the work. Regarding this appeal, Mr. Smith does not believe there is any basis for the board to require Mr. Brown to grant Mr. Gina an easement for utilities or to re- route the utilities. Mr. Gina further described the impacts or potential impacts to him. The board members discussed this item. Commissioner Hatfield moved to deny the appeal and support staff's conditions 3A, 3B and 3D with complete, substantial and thorough remediation and the need for permits to be pulled, as necessary. (NOTE: no building permits to be pulled until remediation plan is in effect). Remediation plans to be submitted in 60 days. Commissioner Richards seconded the motion. Motion to deny passed 4 to 0 with Commissioner Kay-Clapper not present. The double fee determination was not covered in the above motion, but was a part of the denial as the denial was a condition asking for double fees. Commissioner Richards said that if she sees a good remediation plan successfully completed she would be willing to look into waiving the double fee. She would like to have this brought back to the BOCC as a consent action item. STAFF DIRECTION - Bring the remediation plans back to the BOCC as a consent action item so that the board can look into the double fee determination. STAFF DIRECTION - Cooperate closely with Mr. Gina so that he can review the plans in process or at the end of process. BOARD OF COUNTY COMMISSIONERS 12 REGULAR MEETING JUNE 27, 2007 Mr. Gina initiated further discussion on his request for access to electricity. Rather than forcing someone to give him an easement he asked if there could not be a situation where that person has a choice between two options. One to grant an easement or two to bring in electricity the way that the Code indicates. Chairman Owsley responded that he thinks that this is completely out of the board's purview. The rest of the board agreed. For the record, Tom Smith stated that the utilities were put in with a County permit. The County was on notice of the location. The fact that the earthmoving permit was not issued is not dispositive in his view of the location of those utilities. He would be happy to put the permit into the record if the board wants. It does not show a map. Chairman Owsley said that he sees this as a separate issue from this appeal. If Mr. Gina wants to bring it up on some basis and further retain his attorney to pursue it he is welcomed to do that, he added. LAND USE ACTIONS: READING ON RESOLUTION APPROVING THE SAWMILL HILL MINOR AMENDMENT TO A DEVELOPMENT PERMIT TO AMEND A CONDITION OF RESOLUTION NO. 116.2002 - MOTION TO DENY STAFF: LANCE CLARKE. ASSISTANT DIRECTOR OF COMMUNITY DEVELOPMENT . Applicant: Peter Martin, Cecil DeLoach and Christine De Loach . Applicant's Representative: Peter Martin . Summary of Request: The applicant desires to amend language of the Resolution of the Remediation for the taking for Sawmill Hill Parcels 2, 4, 5 and 6, Resolution Number 116-2002. The approval, since it was through a takings procedure, did not include vested rights. The approval did say, "the applicant can rely on these conditions of remediation for a period of five years". The five years expires on June 26, 2007. The applicant is asking for three more years of reliance on these conditions. Lance Clarke proceeded with his presentation as mirrored in his staff memorandum. BOARD OF COUNTY COMMISSIONERS 13 REGULAR MEETING JUNE 27, 2007 Peter Martin gave his presentation as outlined in his May 8, 2007 letter to staff regarding this request. He specifically referred the board to the last page of this letter regarding reforestation. Mr. Martin said that he understood that the affordable housing fee was not presently applicable but could be in the future. Mr. Clarke said that Mr. Martin was correct. He said that it was not applicable because it doesn't apply anything unless you exceed 5,750. At the present time, there is a limit here for 5750. Should the applicants change that, it would then be applicable. Discussion ensued among the board and staff regarding the red tag from the previous approval and whether or not the board could even grant an approval on this. Commissioner Farris made the following suggestion. She would like to consider that if what Mr. Martin described today is what he is going to do to attempt to accomplish this, that with the conditions outlined by staff it could allow the board to extend this for a year to get them through next spring to amend the Resolution to see if the red tag could be agreed to within that time. She would be comfortable with that. Chairman Owsley said that Mr. Martin's intentions are good and wonderful, but it's still cloudy quite frankly. Commissioner Hatfield moved to enter an Executive Session at 3:55 PM to get specific direction from the County Attorney about red tag enforcements. Commissioner Richards seconded the motion. Motion passed 4 to 0 with Commissioner Kay-Clapper not present. The board returned from the Executive Session at 4:07 PM. Lance Clarke read Section 10-30-40 of the Land Use Code aloud as requested by Commissioner Hatfield. Further discussion ensued as Mr. Martin requested a continuation. He said that he was very surprised by this. Commissioner Hatfield moved to deny the Sawmill Hill minor amendment to a development permit. Commissioner Richards seconded the motion. Motion passed 3 to 1 with Commissioner Farris voting nay and Commissioner Kay-Clapper not present. BOARD OF COUNTY COMMISSIONERS 14 REGULAR MEETING JUNE 27, 2007 BENSON 1041 HAZARD REVIEW AND SPECIAL REVIEW FOR A CARETAKER DWELLING UNIT (CDU1- TAKINGS DETERMINATION- MOTION THAT A TAKINGS HAS OCCURRED (STAFF DIRECTION TO PREPARE A RESOLUTION FINDING A TAKINGS AND REMEDIATING THE TAKINGSl STAFF: MIKE KRAEMER. COUNTY PLANNER . Applicant: Jim and Martha Benson . Applicant's Representative: Glenn Horn · Summary of Request: Applicant requested a hearing as a result of the Hearing Officer's denial of their 1041 Hazard Review to establish a building envelope to develop a single family residence and Special Review for a CDU on November 21, 2006. The applicant contends that the denial leaves the property without a reasonable economic use. The proposed building envelope, as well as the entire lot contains slopes in excess of 30%. However, there is an area on the site that contains slopes less than 45% where a residence could possibly be constructed. Staff recommended that the Hearing Officer approve this location as an appropriate site, but the applicant was unwilling to accept this proposal resulting denial of the application. The parcel is also subject to ridgeline review however, at the time of the Hearing Officer meeting, ridgeline review was not requested by the applicant. At the January 24, 2007 BOCC regular meeting, the request for a takings determination was continued and the applicant was directed to carry out a ridgeline review. Staff conducted a site visit. It is clearly evident that a residence will obstruct a ridgeline as viewed from Brush Creek Road. Michael Kraemer gave his presentation as shown in his staff memorandum. Jim Benson, applicant, was given the opportunity to address the board. He contends that from all views the ridgeline would be broken. Glenn Horn said that he thinks he underestimated the ridgeline review. If the board makes a finding of a takings, he said, he would like to come back at the remediation hearing with a plan that shows a proposed driveway that gets into the site and shows schematic, conceptual designs of the house so that he can simulate what the house will look like in the most inner location that are most sensitive to staff concerns and County Code. Commissioner Richards moved that there has been a takings on the Benson lot. Commissioner Hatfield seconded the motion. BOARD OF COUNTY COMMISSIONERS 15 REGULAR MEETING JUNE 27, 2007 NOTE: Staff shall prepare and return to the board a resolution that finds a takings and remediates the takings. Motion passed 4 to 0 with Commissioner Kay-Clapper not present. READING ON RESOLUTION APPROVING AND AMENDMENT TO ALLOW REMOVAL OF THE MOUNTAIN QUEEN INC. EMPLOYEE DWELLING UNIT - MOTION TO AMEND THE RESOLUTION TO SPECIFY THAT THE EDU (EMPLOYEE DWELLING UNIT) IS NOT REQUIRED MITIGATION AND THAT THE APPLICANT IS ENTITLED TO REMOVE THE UNIT WITHOUT OBLIGATION FOR PAYMENT IN LIEU OR OTHERWISE PROVIDE FOR ALTERNATIVE MITIGATION STAFF: SUZANNE WOLFF. SENIOR PLANNER . Applicant: Mountain Queen Inc. . Applicant's Representative: Rick Neiley . Summary of Request: Applicant has requested to amend BOCC Resolution 043-2005 to specify that the existing Employee Dwelling Unit was not required mitigation for the new residence approved in 1983, and therefore that the applicant is entitled to remove the unit at its option without an obligation to make a payment in lieu to the County or otherwise provide alternative mitigation for the unit. Suzanne Wolff gave her presentation to the board as mirrored in her staff memorandum. Rick Neiley proceeded with his presentation per his November 22, 2006 memorandum to staff. Discussion ensued among the board, staff and Mr. Neiley. Commissioner Richards said that she would not support this request. She said that this was a pure case of could have, should have, would have. Opening previous scoring, she added, is like opening Pandora's Box. Commissioner Farris moved to amend the Resolution to specify that the EDU (Employee Dwelling Unit) is not required mitigation and that the applicant is entitled to remove the unit without obligation for payment-in- lieu or otherwise provide for alternative mitigation. NOTE: She added on that she hopes that whoever does it keeps it as an EDU, affordable housing, workforce housing or whatever the term will be in 25 years. Chairman Owsley seconded the motion. Motion passed 3 to 1 with Commissioner Richards voting nay and Commissioner Kay-Clapper not present. BOARD OF COUNTY COMMISSIONERS 16 REGULAR MEETING JUNE 27, 2007 RESOLUTION APPROVING AN AMENDMENT TO THE ASHCROFT SKI TOURING AREA AF-SKI MASTER PLAN TO PROVIDE ONE ADDITIONAL ON-SITE EMPLOYEE HOUSING UNIT - MOTION TO APPROVE A JUNE 1. 2008 COMPLETION DATE FOR ALL REMAINING EMPLOYEE HOUSING OBLIGATIONS. INCLUDING THE PAYMENT-iN-LIEU FOR THE 0.15 FTE REMAINDER AND THE CONSTRUCTION AND OCCUPANCY OF ALL OF THE UNITS. ALSO. RELEASE THE LETTER OF CREDIT IN TOTAL, ALLOWING MR. WILCOX TO ISSUE A SEPARATE CHECK FOR THE PAYMENT-IN-LIEU STAFF: SUZANNE WOLFF. SENIOR PLANNER . Applicant: John Wilcox · Summary of Request: Applicant has requested to amend certain conditions of the BOCC Resolution 082-2006, which addresses the affordable housing mitigation plan as part of the Ashcroft Ski Touring Area Master Plan. The BOCC considered the following requests at the regular meeting on April 11 , 2007: >- To extend the deadline for construction of the on-site units through the 2007 building season. BOCC approved this request pursuant to Resolution 027-2007. >- To meet the requirement to provide off-site housing for 1.9 FTEs in an Aspen Village unit, or alternately, to use credits from Aspen Highlands Village. The BOCC did not take action on these alternatives, and continued the discussion to allow the applicant to investigate the possibility of providing one additional unit on-site to mitigate the 1.9 FTEs The Applicant is now requesting approval to construct one additional one- bedroom unit on the Montezuma Mill Site parcel. A site plan is attached that shows the two proposed units on the Montezuma Mill Site. The two units are identical. Ms. Wolff said that the only outstanding issue relates to being able to provide water. She also mentioned that a one-bedroom unit under the housing guidelines would mitigate for 1.75 FTEs. Staff's recommendation is that that be dealt with under the housing impact fee and to accept the additional unit on site and hopefully be done with the 1.9 FTEs. The other issue is the financial security that she mentioned. Mr. Wilcox has asked that the County release that and staff is actually recommending that it be extended and be released when the unit is actually constructed. BOARD OF COUNTY COMMISSIONERS 17 REGULAR MEETING JUNE 27, 2007 John Wilcox gave the board an update on this property. He said that he hit water so there doesn't seem to be a water problem. He can't build the RO unit that's allowed on this property however, until he goes to water court and gets an approval. He did add that he isn't ready to build the RO unit right now anyway. All the A-frames and the double-decker are gone, he said. The 3-bedroom behind the restaurant is replacing one of the A-frames. Mr. Wilcox also addressed the good faith deadline of December 31,2007 to complete all of the on-site employee housing units. He would lose the right to operate on that date if all of that is not done. He said that he is dealing with two Governments, the Federal and the County. He was concerned with a New Year's eve deadline date and asked if perhaps it could be extended to a later date. Ms. Wolff reminded the board that if the board were to change the deadline, there is a Resolution recorded with that deadline for the other units. So, she continued, we not only need to change the date here, but also make an amendment to the prior Resolution of record. Further discussion ensued among the board. John Ely informed the board that Mr. Wilcox told him at this meeting that he would prefer not having a draw on the letter of credit. Instead the letter of credit would be released in total and Mr. Wilcox would do a separate check. The board agreed to a June 1, 2008 date for the completion of all obligations. This would include the payment of the fill and the construction and occupancy of the unit. Commissioner Farris moved to approve a June 1, 2008 completion date for all remaining employee housing obligations, including the payment-in-lieu for the 0.15 FTE remainder and the construction and occupancy of all of the units. Also, release the letter of credit in total, allowing Mr. Wilcox to issue a separate check for the payment-in-Iieu. Commissioner Richards seconded the motion. Motion passed 4 to 0 with Commissioner Kay- Clapper not present. ADJOURNMENT: Commissioner Richards moved to enter Executive Session at 5:55 PM. Commissioner Hatfield seconded the motion. Motion passed 4 to 0 with Commissioner Kay-Clapper not present. BOARD OF COUNTY COMMISSIONERS 18 REGULAR MEETING JUNE 27, 2007 Respectfully submitted, ounty Commissioners , Michael M. Owsley Chairman of the Board of County Commissioners h:" / John Ely / /// C~Atto~/ - /--~ '--- 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. glbocclmi n utes \20071062 72007 BOARD OF COUNTY COMMISSIONERS 19 REGULAR MEETING JUNE 27, 2007