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HomeMy WebLinkAboutboccminreg10242007 PITHIN COUNTY COMMISSIONERS REGULAR MEETING AGENDA RIO GRANllE CONFERENCE ROOM WEDNESDAY, OCTOBER 24, 2007 (Commissioner Hatfield Not Present) 12:00 NOON ADDITIONS/DELETIONS TO AGENDA PUBLIC COMMENT, COMMISSIONER COMMENTS CONSENT ACTIONS 1. Minutes of August 28 Special Meeting, September 18, 25 and October 2, 2007 Work Sessions and October 10, 2007 Regular Meeting 2. Resolution Authorizing the Colorado Forest Management Act of 2007 CONSENT ACTIONS-1st Readings Set for Public Hearing on November 14 3. Ordinance Amending Section 8-30 of the Pitkin County Land Use Code; Revising the Employee Housing Impact Fee for Commercial and Tourist/Lodge Accommodation Development and Land Use, John Ely 4. Resolution Authorizing the Board to Enter into Lease Agreements for Employee Housing Rental Units, Phylis Mattice LAND USE CONSENT PUBLIC HEARINGS 1. Flying Dog Ranch PUD, Rezoning, Code Amendments, 1041 Hazard Review, Special Review, GMQS Exemption, (Continued to 11/14/07), PH (PN 2/11/07), S. Wolff LAND USE PUBLIC HEARINGS 1. Rezoning Smuggler, Aspen Mountain, Castle Creek TR-1, TR-2, RR, 2na Reading, PH (PN 9/9/07), E. Sassano 2. F Pan LLP TDR Constrained Site, (Continued from 9/26/07), PH (PN 8/12/07), S. Wolff 3. Harvey Constrained Site TDRs, (Continued from 9/12/07), PH (PN 8/12/07), S. Wolff 4. Mines Major Amendment to a Development Permit, (Continued from 9/26/08), PH (PN 8/17/07), E. Louthis LAND USE ACTIONS 1. Solondz Appeal of Administrative Determination #085-2007, S. Wolff 2. Dart Extension of Vested Rights, E. Louthis BOCC OPEN DISCUSSION ADJOURN THURSDAY, OCTOBER 25, 2007 NWCCOG and Rural Resort Region Meeting in Frisco 6:30 PM Woody Creek Caucus, Woody Creek Store FRIDAY, OCTOBER 26, 2007 State of the Valley Symposium at Hotel Colorado in Glenwood Springs APPROVED NOVEMBER 14, 2007 MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR MEETING OCTOBER 24, 2007 NOTE: For all staff memorandums and associated documents, including additional exhibits submitted to the record, refer to the BOCC PACKET FOR OCTOBER 24, 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 Rachel Richards COMMISSION MEMBERS ABSENT: Commissioner Jack Hatfield ADDITIONSIDELETIONS/TO THE AGENDA: PUBLIC COMMENT: Hilary Fletcher, County Manager, added a Resolution from the County Commissioners supporting the Colorado Forest Management Improvement Act of 2007 with regard to the large infestation of bark beetles in the State of Colorado PUBLIC COMMENT: Fred Moany spoke to the board about the Storage Mart down on Highway 82. He said that he addressed the board last year in June about this. According to him, there is commercial work being done using a heavy, industrial carpet machine in one of the storage units. He said that he is having trouble getting any copies of the paper work on the investigation and that the machine is still be used in that storage unit. When asked, he responded to the board that he has not made a written request regarding this issue. Carla Kaiser, with the Roaring Fork Conservancy, presented the board with a gift of the Roaring Fork Watershed Map made by Sharon Clark, with whom the board has worked. She said that the Conservancy appreciates working with the board and appreciates their support. BOARD OF COUNTY COMMISSIONERS 1 REGULAR MEETING OCTOBER 24, 2007 COMMISSIONER COMMENT: Commissioner Kay-Clapper addressed the fires raging in California and the fact that a childhood family vacation cabin had been destroyed as a result. She thanked all the local firefighters who have gone to California to assist. Commissioner Richards had comments regarding climate changes, rooting for the Rockies, and the continued war in Iraq. She noted that the number of casualties have gone down rather dramatically over the last couple of months. But, she added, at least 20% of the Iraqi civilian population has been killed, wounded or displaced in Iraq. She asked for a moment of silence which was observed. Commissioner Owsley announced that local Frank Peters has volunteered for Doctors without Borders and is now in the Sudan. He did not tell anyone he was going, said Commissioner Owsley, as he didn't want anyone questioning him on his course of action. CONSENT ACTIONS: MINUTES OF BOARD OF COUNTY COMMISSIONERS' SPECIAL MEETING FROM AUGUST 28 2007: WORK SESSION MINUTES FROM SEPTEMBER 18 2007 SEPTEMBER 25 2007 AND OCTOBER 02. 2007; AND REGULAR MEETING MINUTES FROM OCTOBER 10. 2007- MOTION TO APPROVE STAFF - LYNDEE DEAN/JEANETTE JONES, CLERKS TO THE BOARD Commissioner Richards moved to approve the minutes. Commissioner Kay-Clapper seconded the motion. Motion passed 4 to 0 with Commissioner Hatfield not present. READING ON RESOLUTION SUPPORTING THE COLORADO FOREST MANAGEMENT IMPROVEMENT ACT OF 2007, ENCOURAGING THE CONGRESSIONAL DELEGATION OF THE STATE OF COLORADO TO ACTIVELY CONTINUE THEIR UNIFIED AND BI-PARTISAN SUPPORT OF THE BILL AND TO PUSH FOR RAPID APPROVAL BY THE CONGRESS OF THE UNITED STATES OF THE SAME. AND TO EXPRESS THE GRATITUDE OF THE COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO FOR RECOGNITION OF THE DELEGATION OF THE MAGNITUDE OF THE BARK BEETLE INFESTATION IN COLORADO AND FOR THE EFFORTS MADE IN DRAFTING INTRODUCING, AND SUPPORTING THIS ACT -MOTION TO APPROVE Commissioner Kay-Clapper moved to approve the Resolution supporting the Colorado Forest Management Improvement Act of 2007. Commissioner Richards seconded the motion. Motion passed 4 to 0 with Commissioner Hatfield not present. BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING OCTOBER 24, 2007 CONSENT ACTIONS - 1ST READINGS. SET FOR PUBLIC HEARING ON NOVEMBER 14. 2007: FIRST READING ON ORDINANCE AMENDING SECTION 8-30 OF THE PITKIN COUNTY LAND USE CODE: REVISING THE EMPLOYEE HOUSING IMPACT FEE FOR COMMERCIAL AND TOURIST/LODGE ACCOMMODATION DEVELOPMENT AND LAND USE -MOTION TO APPROVE AS AMENDED. ON FIRST READING AND SET SECOND READING AND PUBLIC HEARING TO NOVEMBER 14, 2007 STAFF -JOHN ELY. COUNTY ATTORNEY Commissioner Kay-Clapper had two requests for consistency in the language. On the first one, she asked if we were talking historic standard style rooms or are we talking standard rooms? She said there is no consistency with the word historic between the Ordinance and the Code language. She stated that she had the same question with the words "luxury-style tourist rooms" on page 2 of the Ordinance. It was agreed to by the County Attorney that "historic standard style rooms" would be changed to "standard rooms". He also agreed to the change in wording from "luxury-style tourist rooms" to "luxury-style tourist/lodge rooms". Commissioner Kay-Clapper informed the board and the public that seeing as how she did not support this impact fee when originally approved, she would not be supporting this now. Commissioner Farris moved to approve the Ordinance, as amended and set second reading and public hearing to November 14, 2007. Commissioner Richards seconded the motion. Motion passed 3 to 2 with Commissioner Kay-Clapper voting nay and Commissioner Hatfield not present. FIRST READING ON RESOLUTION AUTHORIZING THE BOARD TO ENTER INTO LEASE AGREEMENTS FOR EMPLOYEE HOUSING RENTAL UNITS - MOTION TO APPROVE ON FIRST READING AND SET SECOND READING AND PUBLIC HEARING TO NOVEMBER 14. 2007 STAFF - PHYLIS MATTICE. INTERNAL SERVICES DIRECTOR Commissioner Kay-Clapper moved to approve the Resolution authorizing the board to enter into lease agreements for employee housing rental units on first reading and set second reading and public hearing to November 14, 2007. Commissioner Farris seconded the motion. Motion passed 4 to 0 with Commissioner Hatfield not present. BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING OCTOBER 24, 2007 LAND USE CONSENT PUBLIC HEARINGS: FLYING DOG RANCH PUD REZONING CODE AMENDMENTS, 1041 HAZARD REVIEW SPECIAL REVIEW, and GMQS EXEMPTION -MOTION TO CONTINUE TO NOVEMBER 14, 2007 Chairman Owsley opened the hearing to public comment. There being none, he closed the public comments. Commissioner Kay-Clapper moved to continue this item to November 14, 2007. Commissioner Owsley seconded the motion. Motion passed 4 to 0 with Commissioner Hatfield not present. LAND USE PUBLIC HEARINGS: SECOND READING AND PUBLIC HEARING ON ORDINANCE REZONING CERTAIN PROPERTIES WITHIN PITKIN COUNTY TO THE RURAL AND REMOTE (RR) TR1 AND TR2 ZONE DISTRICTS -MOTION TO APPROVE ON SECOND READING STAFF -ELLEN SASSANO. SENIOR LONG RANGE PLANNER Ellen Sassano gave her presentation to the board as outlined in her staff memorandum. She briefly summarized compliance with each of the pertinent sections of the Land Use Code. She also walked through the characteristics of each Zone. Commissioner Kay-Clapper moved to approve this rezoning Ordinance at second reading. 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 Hatfield not present. READING AND PUBLIC HEARING ON RESOLUTION DENYING A REQUEST BY F PAN LLP TO OBTAIN ONE CONSTRAINED SITE TDR -MOTION TO UPHOLD STAFF'S RECOMMENDATION TO DENY STAFF - SUZANNE WOLFF Applicant: F Pan LLP Applicant's Representative: Newland Project Resources, Inc- Tom Newland Summary of Request: Applicant submitted a request pursuant to Section 6-70-40.a.7 of the new Land Use Code for the BOCC to make a determination as to whether the parcel is "undevelopable or severely BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING OCTOBER 24, 2007 restricted" in order to obtain one TDR in exchange for preservation of the parcel. The applicant original requested three TDRs, but revised that request to one TDR. Suzanne Wolff proceeded with her presentation as mirrored in her staff memorandum. Tom Newland, representing the applicant, gave his presentation to the board based upon his application request for TDRs for a constrained site which is in the meeting packet material. A question from the board on the actual zoning for this property was cleared up by Ms. Wolff. She explained that it was AFR-10 and is now zoned AR-10. Mr. Newland added that although not in staff's memorandum, he did want the board to know that this was unanimously approved by the Caucus. Chairman Owsley opened the hearing to public comment. There being no comment, he closed the public hearing. Commissioner Kay-Clapper stated that she thinks that there's opportunity for development on this parcel, be it small, but be it probably in character with the neighboring structures. Therefore, Commissioner Kay-Clapper moved to uphold staff's position to deny the eligibility for a TDR. Commissioner Richards seconded the motion. Motion passed 4 to 0 with Commissioner HatField not present. A FIVE-MINUTE BREAK WAS TAKEN AT THIS TIME. READING AND PUBLIC HEARING ON RESOLUTION DENYING A REQUEST BY CONNIE. MARK AND ANN HARVEY TO OBTAIN TWO CONSTRAINED SITE TDRs FOR LOTS 25 AND 49. SHIELD O TERRACES -MOTION TO CONTINUE TO DECEMBER 19, 2007 STAFF - SUZANNE WOLFF -SENIOR PLANNER Applicants: Connie, Mark and Ann Harvey Applicants' Representative: Ken Ransford • Summary of Request: Applicant submitted a request pursuant to Section 6-70-40.a.7 and 8 of the new Land Use Code for the BOCC to make a determination as to whether the lots are "undevelopable or severely restricted" and/or visually constrained in order to obtain TDRs in exchange for preservation of the lots. BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING OCTOBER 24, 2007 Suzanne Wolff received an email from Martha Cochran after her packet material was submitted for the meeting. She read it aloud. It read " Connie Harvey gave her own short presentation on the history of this property starting with her family's purchase of the land in 1962. Ken Ransford, representing the Harvey family members, proceeded with his presentation based upon information supplied in the Harvey application in the meeting packet material. Discussion ensued on whether this property could go another route such as being purchased by Open Space rather than getting constrained lot TDRs. Dale Will, Director of Open Space and Trails, said that he has spoken to individual trustees by not yet to the entire board on this item. He said that the Open Space board might be interested in purchasing this land. Chairman Owsley asked Connie Harvey if she would consider going to the Open Space board and looking into this option. Ms. Harvey responded by saying yes. Chairman Owsley opened the hearing to public comment. Tim McFlynn is a resident of Old Snowmass and Chairman of the Open Space Board. He addressed this item and also agreed that it could be put on the Open Space board's agenda for November 1, 2007. Chairman Owsley closed the public hearing. Commissioner Kay-Clapper and Commissioner Richards agree with the preservation but think the applicants should look into other alternatives. Commissioner Farris agrees with the TDR request, while Chairman Owsley agrees with staff and believes that the lots are developable although he is not against the applicants looking into other options. Mr. McFlynn did state that there may be a few Open Space members who might want to go on a site visit. This may not be accomplished in time for the next BOCC meeting. Various dates were discussed among the board, staff and applicants. December 19, 2007 was finally agreed upon. BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING OCTOBER 24, 2007 Therefore, Commissioner Richards moved to continue this request to December 19, 2007. Commissioner Kay-Clapper seconded the motion. Motion passed 4 to 0 with Commissioner Hatfield not present. READING AND PUBLIC HEARING ON RESOLUTION APPROVING THE MINES MAJOR AMENDMENT TO A DEVELOPMENT PERMIT -MOTION TO APPROVE AN AMENDMENT TO A DEVELOPMENT PERMIT TO ALLOW FOR THE CONSTRUCTION OF THE GARAGE FOR UP TO 700 SQUARE FEET. A CONDITION UPON THAT APPROVAL IS THAT THERE WILL BE A COVENANT. RECORDED AGAINST THE PROPERTY TO PROHIBIT ALL FURTHER DEVELOPMENT STAFF - EZRA LOUTHIS, PLANNER Applicant: Michael Mines Applicant's Representative: Francis Krizmanich Summary of Request: Applicant is requesting a major amendment to build out the lower level of an existing residence, as well as to build a 700 square foot garage. Ezra Louthis gave his presentation to the board as mirrored in his staff memorandum. Francis Krizmanich, representing the applicant proceeded with his presentation based upon the application he prepared that is a part of the September 26, 2007 regular meeting packet. Mr. Krizmanich added that the applicant has agreed to set back, below the house, to the delineated wetlands. That may decrease the 800 square foot floor area to 650 or 600. He said that the applicant would respect, in all cases, the 25- foot setback from what are existing wetlands. Supposedly there were wetlands on this property where the pylons are at one time. They are no longer. It is now just dried dirt. Aside from the area that was to be replanted under the house, the wetlands and riparian habitat remain intact. It is unclear however, whether the area below the second story of the house was ever planted with wetland species, but at this time there is no vegetation to be found there. More discussion ensued on this issue. Chairman Farris moved to support the request for a garage to a size of 700 square feet, subject to conditions of the Resolution and with no finishing out under the house where the pylons are. Commissioner Kay-Clapper seconded the motion with the following request for amendment. She BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING OCTOBER 24, 2007 would like to deed restrict the property as per no future development. Commissioner Farris was agreeable to this amendment. Mike Mines, owner/applicant, said that this item was tabled from a prior meeting in order for him to have a discussion with the Snowmass Caucus and the neighbors. The unfinished nature of the house seemed to be a major concern of the neighbors. He would like the board to reconsider allowing him to finish out the lower level. After discussion with John Ely regarding how to apply the deed restriction to this property and the motion itself, the motion was restated. RESTATED MOTION -Commissioner Farris made a motion to approve an amendment to a development permit to allow for the construction of the garage for up to 700 square feet. A condition upon that approval is that there will be a covenant, recorded against the property to prohibit all further development. Commissioner Kay-Clapper seconded the motion. Chairman Owsley opened the hearing to public comment. There being none, he closed the public hearing. Chairman Owsley called the question. Motion passed 3 to 1 with Commissioner Richards stating that she felt the area below the pylons should be finished out and Commissioner Hatfield not present. A FIVE-MINUTE BREAK WAS TAKEN AT THIS TIME. LAND USE ACTIONS: READING ON RESOLUTION DENYING THE SOLONDZ APPEAL OF ADMINISTRATIVE DECISION NO. 85-2007 -MOTION TO GRANT THE APPEAL WITH CONDITIONS AND COVENANT AND REMAND TO STAFF TO COMPLETE THE ADMINISTRATIVE DECISION STAFF - SUZANNE WOLFF. SENIOR PLANNER Applicant: Michael Solondz Applicant's Representative: Alan Richman • Summary of Request: Applicant is appealing Administrative Decision No. 85-2007 denying the Solondz Activity Envelope/Site Plan Review. The applicant requested approval to replace the existing single family residence. The basis of the denial as stated in the Administrative Decision is "there is an alternate building site on the lot where the house could be placed so it does not project above the ridgeline". BOARD OF COUNTY COMMISSIONERS 8 REGULAR MEETING OCTOBER 24, 2007 Suzanne Wolff proceeded with her presentation as outlined in her staff memorandum. Alan Richman introduced several people to the board. First were Michael and Katie Solondz, the owners and applicants. He then introduced Todd Kennedy, the project architect. Mr. Richman gave his presentation to the board as outlined in the September 21, 2007 appeal application letter, with attachments, in the meeting packet material. Todd Kennedy, project architect, made his presentation. He used schematics and photographs to show the property with the original house site and the house sites suggested by staff. Mr. Richman gave the board additional reasons on why this appeal should be approved. After the presentations were completed, discussion ensued. Commissioner Kay-Clapper asked the applicants to reconsider the two exposed gas fire pits. Commissioner Richards is concerned with the potential of future owners coming before the board for additional square footage and future boards themselves. She asked if the board could deed restrict this property so that there would be no further development on the site. Ms. Wolff added that the Code currently allows the use of TDRs in Stanwood without further review. They would have to go through further review to revise the house that they're doing. Commissioner Kay-Clapper suggested that there be no further encroachment on the ridge line. After additional discussion with John Ely a motion was made. Commissioner Farris made a motion to grant the appeal with a condition that it be restricted to no further encroachment on the ridgeline. This would be reflected as a covenant on the property. Commissioner Kay- Clapperseconded the motion. NOTE: Lance Clarke added that this needs to be remanded to staff to complete the Administrative Decision in light of all the representations made here today. Commissioner Farris and Commissioner Kay-Clapper accepted this amendment to their motion and second, respectively. The board thanked the representative and his team for a great presentation. BOARD OF COUNTY COMMISSIONERS 9 REGULAR MEETING OCTOBER 24, 2007 Chairman Owsley called the question. Motion passed 4 to 0 with Commissioner Hatfield not present. READING ON RESOLUTION APPROVING AN EXTENSION OF VESTED REAL PROPERTY RIGHTS FOR THE DART FAMILY PARTNERSHIP - MOTION TO APPROVE THE REQUEST FOR EXTENDED VESTED RIGHTS FOR 20 YEARS AND TO HAVE STAFF BRING BACK THE ORDINANCE TO AMEND THE CONSERVATION EASEMENT STAFF - EZRA LOUTHIS. PLANNER Applicant: Dart Family Partnership Applicant's Representative: Davis Horn, Inc. -Glenn Horn Summary of Request: Applicant requests extended vested rights for 20 years through the use of a Development Agreement pursuant to Section 3-20-170.c.2 of the PCLUC. Ezra Louthis made his presentation has outlined in his staff memorandum. Glenn Horn proceeded with his short presentation to the board. Commissioner Kay-Clapper said that it looked as if everything the board requested to be looked at and brought back was brought back and she therefore wished to make a motion. Commissioner Kay-Clapper moved to approve the request for Extended Vested Rights for 20 years and to have staff bring back the Ordinance to amend the Conservation Easement. Commissioner Farris seconded the motion. Motion passed 4 to 0 with Commissioner Hatfield not present. BOCC OPEN DISCUSSION: The board discussed matters of importance to the board members and the County with County Manager Hilary Fletcher. ADJOURNMENT: Commissioner Richards moved to adjourn the regular meeting at 3:51 PM. Commissioner Farris seconded the motion. Motion passed 4 to 0 with Commissioner Hatfield not present. BOARD OF COUNTY COMMISSIONERS 10 REGULAR MEETING OCTOBER 24, 2007 Respectfully submitted, y e R Dean lark /th~~e B~~oya~rd of u~nt~y C>ommissioners ~Ul~/~r,GU' GG'L~ Je ette Jones C f k to the Board oqf 1Co Commissioners Michael M. Owsley Chairman of the Board of County Commissioners g\bocc\m i n utes\2007\ 10242007 BOARD OF COUNTY COMMISSIONERS 11 REGULAR MEETING OCTOBER 24, 2007