HomeMy WebLinkAboutboccminreg09262007 PITHIN COUNTY COMMISSIONERS
REGULAR MEETING AGENDA
Plaza One Meeting Room
,'WEDNESDAY, SEPTEMBER 26 2007
L~ 12:00 NOON ADDITIONS/DELETIONS TO AGENDA
PUBLIC COMMENT, COMMISSIONER COMMENTS
CONSENT ACTIONS
1. Minutes of August 21, 28, September 4, 10, 11, and 21, 2007 Work Sessions and August 21, 2007 Special
Meeting
2. Resolution Appointing Members to the Citizen Grant Review Committee, Michelle Cerf
CONSENT ACTIONS-1" Readings Set for Public HearinE on October ]0
3. Resolution Authorizing an Intergovernmental Agreement with Eagle County for the 2007-2009 Season of
Snow Removal in the Frying Pan Valley, Temple Glassier
4. Resolution Approving Expenditure of Funds Generated through the Renewable Energy Mitigation Program,
Tony Fusaro
5. Emergency Ordinance Extending a Temporary Moratorium Prohibiting the Acceptance, Processing or
Approval of Development Applications, Development Permits, Building Permits or Other Development
Approval Actions in the Smuggler Mountain, Aspen Mountain, and Castle Creek Areas Of Pitkin County,
Chris Seldin
CONSENT PUBLIC HEARING. 2"d Readin
6. Confirmatory Reading, Emergency Ordinance, Repealing Ordinance 21-2005 and Repealing and Re-enacting
Chapter 6.44 of Title 6 (Health and Human Safety) of the Pitkin County Code -Regulations and Standards
Regarding the Protection of Wildlife, Chris Hoofnagle
7. Confirmatory Reading, Emergency Ordinance, Intergovernmental Agreement with Eagle County, Town of
Basalt and Aspen Valley Land Trust for the Co-holding of a Conservation Easement on the Grange Ranch,
Barb D'Autrechy (to be continued to October ] 0)
ADMINISTRATIVE PUBLIC HEARINGS
BOCC Convenes as Board of Equalization
8. Senior Property Tax Homestead Exemption Appeal to the Board of Equalization, Jeanette Jones
SOCC Adjourns as Board of Equalization
LAND USE CONSENT PUBLIC HEARINGS
l . LG Aspen, LLC Appeal of Hearing Officer Determination 017-2007, (Continued to 10/10/07), PH (PN
8/12/07), E. Louthis
2. Rezoning Smuggler, Aspen Mountain, Castle Creek TR-1, "fR-2, RR, 2"d Reading, (Pulled from agenda-
rescheduled PH 10/24/07), PH (PN 9/9/07), E. Sassano
3. P Pan LLP TDR Constrained Site, (Continued to ] 0/24/07), PH (PN 8/12/07), S. Wolff
4. Open Space Subdivision Exemption/Mollie Gibson Park, (Continued to 10/10/07), PH (PN 5/27/07), L.
Clarke
LAND USE PUBLIC HEARINGS
5. Mines Major Amendment to a Development Permit, PH (PN 8/17/07), E. Louthis
6. Sisul (Britvar) Activity Envelope, Site Plan Review, Special Review for Building Materials and Landscaping,
and Special Review for a Caretaker Dwelling Unit, (Continued from 8/8/07), PH (PN 7/8/07), M. Kraemer
LAND USE ACTIONS
7. Extension of Vested Rights-Lot 2 Alpine Grove Subdivision (Little Nell), E. Louthis
8. Skokos Extension of Vested Rights, (Continued to 1 I/14/07), S. Wolff
9. Forwarding 2007 Rural Area GMQS Scores
BOCC OPEN DISCUSSION
AD.IOURN
APPROVED OCTOBER 10, 2007
MINUTES
PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS
REGULAR MEETING
SEPTEMBER 26, 2007
NOTE: For all staff memorandums and associated documents, including
additional exhibits submitted to the record, refer to the BOCC PACKET FOR
SEPTEMBER 26, 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 was not
present due to illness.
ADDITIONS/DELETIONS/TO THE AGENDA: Lance Clarke announced that the
Mines item and the Sisul/Britvar item under Land Use Public Hearings will be
continued. He will explain further when the board reaches those items.
PUBLIC COMMENT: None
COMMISSIONER COMMENT:
Commissioner Richards spoke about Congress being asked for 190 billion
dollars for the war in Iraq. She also addressed a report on Vietnam war
veterans. She then asked for a moment of silence in honor of all those who have
served our country.
Chairman Owsley announced that Matt and Sara Kuhn have just signed up with
the Peace Corps and are on their way to Cameroon. He saluted them for their
sacrifice as they get no pay in conditions that are less than ideal. Their email
address is matt(a~bearingwest.org and he asked that people keep in touch with
them. Matt will also try to have his own "blog" keeping everyone abreast of what
is going on there.
CONSENT ACTIONS:
BOARD OF COUNTY COMMISSIONERS 1 REGULAR MEETING SEPTEMBER 26, 2007
MINUTES OF BOARD OF COUNTY COMMISSIONER WORK SESSION
MEETINGS OF AUGUST 21, 2007, AUGUST 28, 2007, SEPTEMBER 4, 2007,
SEPTEMBER 10, 2007, SEPTEMBER 11, 2007, SEPTEMBER 21, 2007 AND
SPECIAL MEETING OF AUGUST 21.2007 -MOTION TO APPROVE, AS
CORRECTED
STAFF: LYNDEE R. DEAN/JEANETTE JONES. CLERKS TO THE BOARD
READING ON RESOLUTION APPOINTING MEMBERS TO THE CITIZEN
GRANT REVIEW COMMITTEE -MOTION TO APPROVE
STAFF: MICHELLE CERF -EXECUTIVE ASSISTANT
Commissioner Richards moved to approve the minutes and the Citizen
Grant Review Committee Resolution. Commissioner Farris seconded the
motion.
Commissioner Kay-Clapper interjected that there was an error on the last
page of the August 21, 2007 Work Session minutes. On page 2, item
number 7 should refer to the Salvation Ditch NOT the Red Mountain Ditch.
NOTE: The minutes will be corrected and rescanned.
Commissioner Richards and Commissioner Farris amended their motion
and second to include this correction. Motion passed 4 to 0 with
Commissioner Hatfield not present.
CONSENT ACTIONS - 1ST READINGS, SET FOR PUBLIC HEARING TO
OCTOBER 10, 2007:
FIRST READING ON RESOLUTION AUTHORIZING PITKIN COUNTY TO
ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH EAGLE
COUNTY FOR THE 2007-2009 SEASON OF SNOW REMOVAL IN THE
FRYING PAN VALLEY -MOTION TO APPROVE ON FIRST READING AND
SET SECOND READING AND PUBLIC HEARING TO OCTOBER 10, 2007
STAFF: TEMPLE GLASSIER -DEPUTY DIRECTOR OF PUBLIC WORKS
Commissioner Richards moved to approve the Snow Removal in the Frying
Pan Valley Resolution on first reading and set second reading and public
hearing to October 10, 2007. Commissioner Farris seconded the motion.
Motion passed 4 to 0 with Commissioner Hatfield not present.
FIRST READING ON RESOLUTION APPROVING EXPENDITURES OF PITKIN
COUNTY, COLORADO APPROVING EXPENDITURES OF FUNDS
GENERATED THROUGH THE RENEWABLE ENERGY MITIGATION
PROGRAM -MOTION TO APPROVE ON FIRST READING, AS AMENDED,
AND SET SECOND READING AND PUBLIC HEARING TO OCTOBER 10,
2007
STAFF: TONY FUSARO -CHIEF BUILDING OFFICIAL
BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING SEPTEMBER 26, 2007
Commissioner Kay-Clapper asked to pull the Energy Mitigation Resolution
for comments and an additional item to be added. She would like to add
item #20 REMP/CORE Third Party Audit at the cost of $8,000.00 to do
another audit next year and evaluate the changes made this year.
Commissioner Kay-Clapper moved to approve, as amended, on first
reading and set second reading and public hearing to October 10, 2007.
Commissioner Richards seconded the motion. Motion passed 3 to 0 with
Commissioner Hatfield not present and Chairman Owsley abstaining as
one of the grants is for the Woody Creek Center to which he has ties.
EMERGENCY ORDINANCE EXTENDING A TEMPORARY MORATORIUM
PROHIBITING THE ACCEPTANCE. PROCESSING OR APPROVAL OF
DEVELOPMENT APPLCIATIONS. DEVELOPMENT PERMITS. BUILDING
PERMITS OR OTHER DEVELOPMENT APPROVAL ACTIONS IN THE
SMUGGLER MOUNTAIN. ASPEN MOUNTAIN. AND CASTLE CREEK AREAS
OF PITKIN COUNTY -MOTION TO APPROVE AND SET CONFIRMATORY
READING AND PUBLIC HEARING TO OCTOBER 10. 2007
STAFF: CHRIS SELDIN -ASSISTANT COUNTY ATTORNEY
Chairman Owsley pulled the Emergency Ordinance extending a temporary
moratorium for comment. He said that he has been against this
Moratorium from the beginning. He said that he thinks using this tool for
this particular use was drawing a very large sword for a very small
problem.
Chris Seldin explained to the board why there was a request to extend the
Moratorium as outlined in his agenda item summary.
Commissioner Kay-Clapper moved to approve the Emergency Ordinance
Extending a Temporary Moratorium and set Confirmatory Reading and
Public Hearing to October 10, 2007. Commissioner Farris seconded the
motion. Motion passed 3 to 1 with Commissioner Hatfield not present and
Chairman Owsley voting nay.
CONSENT PUBLIC HEARINGS - 2ND READINGS:
Chairman Owsley opened the two items under Consent Public Hearings,
second readings to public comment. There being none, he closed the
public hearing.
CONFIRMATORY READING AND PUBLIC HEARING ON EMERGENCY
ORDINANCE REPEALING ORDINANCE 21-2005 AND REPEALING AND
REENACTING CHAPTER 6.44 OF TITLE 6 (HEALTH AND HUMAN SAFETY)
BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING SEPTEMBER 26, 2007
OF THE PITKIN COUNTY CODE -REGULATIONS AND STANDARDS
REGARDING THE PROTECTION OF WILDLIFE -MOTION TO APPROVE
STAFF: CHRIS HOOFNAGLE -SOLID WASTE MANAGER
Commissioner Kay-Clapper moved to approve the Confirmatory Reading
on the Emergency Ordinance. Commissioner Farris seconded the motion.
Motion passed 4 to 0 with Commissioner Hatfield not present.
CONFIRMATORY READING AND PUBLIC HEARING ON EMERGENCY
ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH
EAGLE COUNTY AND THE TOWN OF BASALT AND THE ASPEN VALLEY
LAND TRUST FOR THE CO-HOLDING OF A 187 ACRE CONSERVATION
EASEMENT ON THE GRANGE RANCH -MOTION TO CONTINUE TO
OCTOBER 10, 2007
STAFF: BARB D'AUTRECHY
Commissioner Farris moved to continue the Confirmatory Reading and
public hearing on Emergency Ordinance approving an Intergovernmental
Agreement with Eagle County and the Town of Basalt and the Aspen Valley
Land Trust for the co-holding of a 187-acre conservation easement on the
Grange Ranch to October 10, 2007. Commissioner Richards seconded the
motion. Motion passed 4 to 0 with Commissioner Hatfield not present.
ADMINISTRATIVE PUBLIC HEARINGS:
Commissioner Kay-Clapper moved to convene the Board of County
Commissioners as the Board of Equalization. Commissioner Farris
seconded the motion. Motion passed 4 to 0 with Commissioner Hatfield
not present.
SENIOR PROPERTY TAX HOMESTEAD APPEAL TO THE BOARD OF
EQUALIZATION -MOTION TO DENY
STAFF: JEANETTE JONES
The board asked several questions of Jeanette Jones which she answered to
their satisfaction.
Debby Payne with the Assessor's Office explained to the board why the
applicant's request was denied as mirrored in the letter from the Assessor's
Office to George and Catherine Feeney shown as Attachment 4 of the meeting
packet.
Commissioner Kay-Clapper moved to deny the appeal based upon failure
to show Pitkin County residency for the past 10 years. Commissioner
Farris seconded the motion.
BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING SEPTEMBER 26, 2007
Chairman Owsley opened the hearing to public comment. There being
none, he closed the public hearing and called the question. Motion passed
4 to 0 with Commissioner Hatfield not present.
Commissioner Kay-Clapper adjourned the Commissioners as the Board of
Equalization and back to the Board of County Commissioners.
Commissioner Farris seconded the motion. Motion passed 4 to 0 with
Commissioner Hatfield not present.
LAND USE CONSENT PUBLIC HEARINGS•
LG ASPEN LLC APPEAL OF HEARING OFFICER DETERMINATION
MOTION TO CONTINUE TO OCTOBER 10 2007
STAFF: EZRA LOUTHIS -PLANNER
SECOND READING ON ORDINANCE REZONING CERTAIN PROPERTIES
WITHIN PITKIN COUNTY COLORADO REZONING CERTAIN PROPERTIES
WITHIN PITKIN COUNTY TO THE RURAL AND REMOTE (RR) TR1 AND TR2
ZONE DISTRICTS -MOTION TO CONTINUE TO OCTOBER 24 2007
STAFF: ELLEN SASSANO -SENIOR LONG TERM PLANNER
F PAN LLP TDR CONSTRAINED SITE -MOTION TO CONTINUE TO
OCTOBER 24. 2007
STAFF: SUZANNE WOLFF
READING AND PUBLIC HEARING ON RESOLUTION APPROVING THE
MOLLIE GIBBON PARCEL SUBDIVISION EXEMPTION FOR OPEN SPACE
PARCELS -MOTION TO CONTINUE TO OCTOBER 10 2007
STAFF: LANCE CLARKE ASSISTANT DIRECTOR OF COMMUNITY
DEVELOPMENT
Chairman Owsley opened the hearing to public comment on the four items
under Land Use Consent Public Hearings. There being no comment, he
closed the public hearing.
Commissioner Farris moved to approve the continuations, as requested.
Commissioner Kay-Clapper seconded the motion. Motion passed 4 to 0
with Commissioner Hatfield not present.
LAND USE PUBLIC HEARINGS:
READING AND PUBLIC HEARING ON RESOLUTION APPROVING THE
MINES MAJOR AMENDMENT TO A DEVELOPMENT PERMIT -MOTION TO
CONTINUE TO OCTOBER 24 2007 AT REQUEST OF APPLICANT
STAFF: EZRA LOUTHIS -PLANNER
BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING SEPTEMBER 26, 2007
• Applicant: Michael Mines
• Applicant's Representative: Francis Krizmanich
• Summary of Request: The applicant is requesting to build a
garage where the parking pad is located, and to build out the lower level
so that it essentially matches the second floor, thus adding approximately
1,200 square feet to the residence. The applicant has not provided a
square footage total for the garage.
Lance Clarke informed the board that the applicant requested the continuation to
October 24, 2007 in order to talk to the Snowmass Capitol Caucus before coming
back to the board.
READING AND PUBLIC HEARING FOR THE SISUL ACTIVITY ENVELOPE
SITE PLAN. SPECIAL REVIEW FOR BUILDING MATERIALS AND
LANDSCAPING STORAGE, AND SPECIAL REVIEW FOR A CDU -MOTION
TO CONTINUE TO OCTOBER 10. 2007 AT REQUEST OF APPLICANT
STAFF: MIKE KRAEMER. COUNTY PLANNER
? Applicant: Pauline Sisul
? Applicant's Representative: Paul Britvar
? Summary of Request: The Applicant is requesting an
activity envelope and site plan review with vested rights for
construction of a detached garage to store masonry materials for a
private business. As a requirement, special review approval is
needed for this type of land use. The Applicant has also requested
special review for construction of a CDU within this garage.
Lance Clarke informed the board that the applicants requested this continuation
in order to have additional time to work with their neighbors on their proposal.
Commissioner Farris moved approval of the continuation of the Mines
major amendment to a development permit to October 24, 2007 and to
approve the continuation of the Sisul/Britvar special review to October 10,
2007. Commissioner Kay-Clapper seconded the motion.
Chairman Owsley opened the hearing to public comment.
Stewart Edgerly was present and asked what happened to the Britvar item. He
was informed that it was being continued to October 10, 2007 at the request of
the applicant. When asked if he wanted to make any comments, he said that he
would save them for the October 10, 2007 meeting.
BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING SEPTEMBER 26, 2007
Chairman Owsley closed the public hearing and called the question.
Motion passed 4 to 0 with Commissioner Hatfield not present.
LAND USE ACTIONS:
READING ON RESOLUTION APPROVING THE RESIDENCES AT THE
LITTLE NELL DEVELOPMENT LLC REINSTATEMENT OF VESTED RIGHTS
- MOTION TO APPROVE
STAFF: EZRA LOUTHIS -PLANNER
• Applicant: Residences at Little Nell Development,
LLC
• Applicant's Representative: Vann Associates, LLC -Sunny Vann
• Summary of Request: The applicant requests a reinstatement
of vested rights for this property located in the AABC pursuant to Section
2-20-170 (d). The vesting for the approval is set to expire on September
22, 2007. The applicant has requested that the approval be granted a
reinstatement of vested rights for another 3 years.
Sunny Vann, applicant's representative, said that construction phasing was
approved as part of the approval. He said that they (applicant and
representatives) were not clear whether construction of Phase I would be
sufficient to vest the ability to construct Phase II under common law vesting. So,
they approached John Ely, County Attorney. Mr. Ely indicated to him that his
preference would be that they request an extension to accommodate their ability
to construct Phase II so they've applied for the extension.
Commissioner Richards had several questions for Mr. Vann that were answered
to her satisfaction.
Commissioner Richards did suggest, however, that if the lodge does not go
forward some consideration be given to discussing whether those units
might be available for abuy-in by Pitkin County or Aspen or other entities
interested in housing for the general pool as opposed to mitigation for a
specific future growth.
Commissioner Kay-Clapper moved to approve the Residences at the Little
Nell Development LLC request for reinstatement of vested rights, subject to
conditions of the draft resolution. Commissioner Farris seconded the
motion.
Commissioner Richards also asked if staff would look into when the
playground would be constructed as Sunny Vann was not sure when this
would occur based upon which Phase it is in. She would like staff to look
BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING SEPTEMBER 26, 2007
into this if the playground is in Phase II as it might be sometime before that
phase comes forward.
Mr. Vann will pass this desire onto the applicant.
Commissioner Richards added that acting as a City Council member she
did vote on the final approval of the Little Nell hotel, which these units are
associated with, but she does not feel that it interferes with her ability to
make an independent decision on this application.
Commissioner Farris informed the board and Mr. Vann that on page 4 of
the Subdivision/PUD Agreement for Alpine Grove Subdivision/PUD, in the
packet material, item 2. (b) states, in part, that, "prior to the issuance of a
Certificate of Occupancy for the Phase One units, Declarant shall install a
small tot lot with playground equipment....."
Chairman Owsley called the question. Motion passed 4 to 0 with
Commissioner Hatfield not present.
SKOKOS EXTENSION OF VESTED RIGHTS -MOTION TO CONTINUE TO
NOVEMBER 14, 2007
STAFF: SUZANNE WOLFF
Applicant has requested the Skokos item be continued to November 14, 2007.
Commissioner Kay-Clapper moved to continue the Skokos extension of
vested rights. Commissioner Richards seconded the motion. Motion
passed 4 to 0 with Commissioner Hatfield not present.
FORWARDING FINAL PLANNING COMMISSION SCORES FOR THE 2007
RURAL AREA GMQS COMPETITION FOR ADDITIONAL FLOOR AREA - NO
ACTION REQUIRED AT THIS TIME
BOCC OPEN DISCUSSION: The board discussed various meetings and
scheduling.
ADJOURNMENT:
Commissioner Kay-Clapper moved to adjourn the regular meeting at 1:05
PM. Commissioner Farris seconded the motion. Motion passed 4 to 0 with
Commissioner Hatfield not present.
BOARD OF COUNTY COMMISSIONERS 8 REGULAR MEETING SEPTEMBER 26, 2007
Respectfully submitted,
9 ~r
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„i / +a
dee R. Dean
I k to the B r of County Commissioners
~'~,~~ ~( ti~1,E-'
anette Jone
lerk to the Bo rd of. County Commissioners
Michae~M. ~I y
Chairman of the Board of County Commissioners
g\bocc\minutes\2007\09262007
BOARD OF COUNTY COMMISSIONERS 9 REGULAR MEETING SEPTEMBER 26, 2007