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HomeMy WebLinkAboutboccminreg10102007 PITKIN COUNTY COMMISSIONERS REGULAR MEETING AGENDA R10 GRANDE CONFERENCF, ROOM WEDNESDAY, OCTOBER 10, 2007 12:00 NOON ADDITIONS/DELETIONS TO AGENDA PUBLIC COMMENT, COMMISSIONER COMMENTS CONSENT ACTIONS 1. Minutes of September 12 & 26 Regular Meetings and May I S & 22, 2007 Special Meetings 2. Colorado Works Memorandum of Understanding, Nan Sundeen 3. Resolution Approving a Supplemental 2007 Budget for the % Cent Transit Sales and Use Tax, Tom Oken CONSENT PUBLIC HEARING 4. Ordinance Authorizing Vacation & Conveyance of Trentaz Dr to Starwood Metropolitan District, Temple Glassier (Continued from 8/22, to be continued to 11/14/2007) 5. Resolution Authorizing an Intergovernmental Agreement with Eagle County for Snowplowing, Temple Glassier 6. Resolution Approving Expenditure of Funds Generated through the Renewable Energy Mitigation Program, Tony Fusaro 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 (continued from September 26) 8. Ordinance Authorizing Conveyance of Pitkin County's 40-Acre Cougar Canyon Outparcel to Robert P. and Ingrid K. Grueter, John Ely (continued from 9/12) Withdrawn 9. Confirmatory Reading, 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 LAND USE PUBLIC HEARINGS 1. Sprint/Nextel/W/J PUD and Major Plat Amendment and Special Review for Cell Tower, (Continued from 9/12/07), PH (PN 8/12/07), E. Louthis 2. Sisul (Britvar) Activity Envelope, Site Plan Review, Special Review for Building Materials and Landscaping and Special Review for a Caretaker Dwelling Unit, (Continued from 9/26/07), PH (PN 7/8/07), M. Kraemer 3. LG Aspen, LLC Appeal of Hearing Officer Determination 017-2007, (Continued from 9/12/07), PH (PN 8/12/07), E. Louthis 4. Open Space Subdivision Exemption/Mollie Gibson Park, (Continued from 9/26/07), PH (PN 5/27/07), L. Clarke LAND USE ACTIONS 5. Allocation of Allotments for 2007 Rural Area GMQS Competition for Additional Floor Area, E. Louthis BOCC OPEN DISCUSSION ADJOURN THURSDAY, OCTOBER 11, 2007 2:00-4:00 pm I-70 Coalition Meeting at the Silverthorne Library 7:00 pm Crystal River Caucus at the Redstone Church FRIDAY, OCTOBER 12, 2007 STAC Meeting- CDOT Headquarters Auditorium in Denver APPROVED OCTOBER 24, 2007 MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR MEETING OCTOBER 10, 2007 NOTE: For all staff memorandums and associated documents, including additional exhibits submitted to the record, refer to the BOCC PACKET FOR OCTOBER 10, 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, Jack Hatfield Patti Kay-Clapper, Dorothea Farris and Rachel Richards COMMISSION MEMBERS ABSENT: None ADDITIONS/DELETIONS/TO THE AGENDA: PUBLIC COMMENT: Cindy Houben, Acting County Manager, stated that the County Attorney has requested an executive session at the end of this meeting. PUBLIC COMMENT: Mary Anderson appeared before the Board to discuss a bike accident last summer and suggested that a mirror be placed at a certain location, which she thinks would lessen the potential for future accidents. Dale Will, Open Space and Trails Director told Ms. Anderson that his staff would be looking into safety improvements associated with the trail. COMMISSIONER COMMENT: Commissioner Richards asked for a moment of silence in honor of all those affected by the war on both sides of the ocean. Commissioner Hatfield spoke to his experience reading to kids from around the community attending Kids First. He suggested the others in the community get involved in reading books to children. Patti Clapper gave a report on a recent fundraiser event for Bob Slozan who was recently diagnosed with cancer. She also congratulated the Aspen High School football team on their win last Friday night. BOARD OF COUNTY COMMISSIONERS 1 REGULAR MEETING OCTOBER 10, 2007 Commissioner Farris announced another opening of the Rio Grande Trail outside of Glenwood Springs. Chairman Owsley announced that Matt and Sara Kuhn have joined the Peace Corps and are in Cameroon. He said he just received a letter from them and everything is fine. CONSENT ACTIONS: MINUTES OF BOARD OF COUNTY COMMISSIONERS' REGULAR MEETING MINUTES FROM SEPTEMBER 12 AND 26. 2007 AND SPECIAL MEETING MINUTES FROM MAY 15 AND 22. 2007- MOTION TO APPROVE - LYNDEE DEAN/JEANETTE JONES, CLERKS TO THE BOARD COLORADO WORKS MEMORANDUM OF UNDERSTANDING -MOTION TO APPROVE -STAFF PERSON: NAN SUNDEEN, COMMUNITY RELATIONS DIRECTOR RESOLUTION APPROVING A SUPPLEMENTAL 2007 BUDGET FOR THE'/z CENT TRANSIT SALES AND USE TAX FUND -MOTION TO APPROVE - STAFF PERSON: TOM OKEN, CHIEF FINANCIAL OFFICER Commissioner Hatfield moved approval of the items on this portion of the agenda. Commissioner Farris seconded the motion. Motion passed unanimously. CONSENT PUBLIC HEARINGS: ORDINANCE AUTHORIZING VACATION AND CONVEYANCE OF TRENTAX DRIVE TO STARWOOD METROPOLITAN DISTRICT -CONTINUED FROM AUGUST 22, 2007 -MOTION TO CONTINUE TO NOVEMBER 14. 2007 - STAFF PERSON: TEMPLE GLASSIER. ASSISTANT PUBLIC WORKS DIRECTOR SECOND READING -RESOLUTION AUTHORIZING PITKIN COUNTY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH EAGLE COUNTY FOR THE 2007-2009 SEASON OF SNOW REMOVAL ON THE FRYING PAN VALLEY -MOTION TO APPROVE -STAFF PERSON: TEMPLE GLASSIER, ASSISTANT PUBLIC WORKS DIRECTOR SECOND READING -RESOLUTION APPROVING EXPENDITURES OF FUNDS GENERATED THROUGH THE RENEWABLE ENERGY MITIGATION PROGRAM -MOTION TO PULL FROM THE CONSENT AGENDA FOR DISCUSSION PURPOSES -STAFF PERSON: TONY FUSSARO, CHIEF BUILDING OFFICIAL BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING OCTOBER 10, 2007 CONFIRMATORY READING AND PUBLIC HEARING -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 APPROVE -STAFF PERSON: BARB D/AUTRECHY, OPEN SPACE AND TRAILS ORDINANCE AUTHORIZING CONVEYANCE OF PITKIN COUNTY'S 40-ACRE COUGAR CANYON OUTPARCEL TO ROBERT P. AND INGRID K. GRUETER, - CONTINUED FROM SEPTEMBER 12. 2007 -WITHDRAWN CONFIRMATORY READING AND PUBLIC HEARING ON AN 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 -MOTION TO PULL FROM THE CONSENT AGENDA -STAFF PERSON: CHRIS SELDIN, ASSISTANT COUNTY ATTORNEY Commissioner Richards moved approval of Items No(s) 4-8. Commissioner Hatfield seconded the motion with a request to pull Item No. 6 for discussion purposes. Motion passed unanimously. SECOND READING -RESOLUTION APPROVING EXPENDITURES OF FUNDS GENERATED THROUGH THE RENEWABLE ENERGY MITIGATION PROGRAM -MOTION TO APPROVE -STAFF PERSON: TONY FUSSARO, CHIEF BUILDING OFFICIAL A short discussion ensued between Commissioners Hatfield, Clapper and staff with respect to clarifications of certain components of the program. Commissioner Hatfield moved approval of second reading of the Resolution. Commissioner Clapper seconded the motion. Motion passed with four yea votes and one abstention by Commissioner Owsley with a comment that one of the items is a grant to the Woody Creek Community Center for $80,000 of upgrades and his wife is the manager of the center. CONFIRMATORY READING AND PUBLIC HEARING ON AN 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 -MOTION TO APPROVE -STAFF PERSON: CHRIS SELDIN, ASSISTANT COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING OCTOBER 10, 2007 Commissioner Richards moved approval of second reading of the ordinance. Commissioner Hatfield seconded the motion. Motion passed with four yea votes with one nay vote by Commissioner Owsley with a comment that he has always been against the moratorium and therefore, he is not going to vote for it at this time. RESOLUTION DENYING THE SPRINT/NEXTEL COMMUNICATIONS REQUEST FOR A SUBDIVISION EXEMPTION FOR MAJOR PLAT AMENDMENT, SPECIAL REVIEW AND ACTIVITY ENVELOPE FOR A CELLULAR TELEPHONE FACILITY -MOTION TO ACCEPT WITHDRAWAL OF THE APPLICATION BY THE APPLICANT -STAFF PLANNER: EZRA LOUTHIS -Lance Clarke, Assistant Community Development Director, advised the Board that he received a call from the applicants requesting that their application be withdrawn. A copy of a letter from Stan Clausen regarding the withdrawing of this application is contained in the BOCC packet for this meeting. Chairman Owsley opened the hearing to public comment. Nancy Pierce, a resident of the W/J Ranch, said she is pleased that the application was withdrawn. She explained, however, that there are still noise issues with the existing cell tower, which is three doors down from her home. Additionally, she said the applicants have not made good on their promise relating to landscaping e.g. berms to lessen the visual impact of the facility. Lance Clarke commented that staff will be following up on the noise violation related to the existing facility. With respect to the landscaping, he said he is not sure whether the promise to landscape was related to this application or the previous application. If it was part of this application and they withdrew then the applicant wouldn't be bound to that. If it was something separate from their application that didn't meet the original approval, then they would have to obviously meet that requirement. Commissioner Richards moved to accept the withdrawal of the application by Sprint Nextel Communications. Commissioner Hatfield seconded the motion. Motion passed unanimously. RESOLUTION GRANTING APPROVAL FOR THE SISUL ACTIVITY ENVELOPE, SITE PLAN, SPECIAL REVIEW FOR BUILDING MATERIALS AND LANDSCAPING STORAGE, AND SPECIAL REVIEW FOR A CARETAKER DWELLING UNIT -MOTION TO ACCEPT THE APPLICANT'S REQUEST TO WITHDRAW THEIR APPLICATION -STAFF PLANNER: MICHAEL KRAEMER BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING OCTOBER 10, 2007 Commissioner Farris moved to accept the withdrawal of the Sisul application. Commissioner Clapper seconded the motion. There were several neighbors present who commented that they were surprised that the applicant had decided to withdraw his application. They said they would like to have an opportunity to participate, in the future, to any discussions associated with a request for a caretaker unit. There being no further comment, Chairman Owsley closed the public hearing and called the question. Motion passed unanimously. APPEAL OF THE HEARING OFFICER APPROVAL OF THE LG ASPEN LLC SPECIAL REVIEW FOR ADDITIONAL FLOOR AREA AND SCENIC REVIEW - MOTION TO CONTINUE TO NOVEMBER 14, 2007 -STAFF PLANNER: EZRA LOUTHIS Lance Clarke explained that the applicants have requested that matter be continued to November 14, 2007. Commissioner Farris moved to continue this application to November 14, 2007. Commissioner Hatfield seconded the motion. Chairman Owsley opened the hearing to public comment. There being no comment, he closed the public hearing and called the question. Motion passed unanimously. RESOLUTION DENYING THE MOLLIE GIBBON PARCEL SUBDIVISION EXEMPTION FOR OPEN SPACE PARCELS -MOTION TO CONTINUE - STAFF PERSON: CHRIS SELDIN, ASSISTANT COUNTY ATTORNEY Applicant: Pitkin County Applicant's Representative: Chris Seldin, Assistant County Attorney Applicant's Request: Approval to subdivide the 7.92 acre Mollie Gibson Park Parcel into two parcels to create a 6.16 acre park parcel and 1.76 acre parcel that would be separate from the park parcel and available for conveyance for development purposes. Chris Seldin, Assistant County Attorney, proceeded with a presentation associated with this application as summarized in staff's memorandum contained in the BOCC packet for this meeting. Mr. Seldin referred to a memo from Richard Grice and Alan Richman, previous Planning Office staff to the Pitkin County Planning and Zoning Commission which BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING OCTOBER 10, 2007 states in Condition No. 15 the Deeds and Covenants shall be filed that limit development of the Silver Nugget Park to appropriate active and passive public and open space improvements. Additionally, he submitted Resolution 84-5 of the Board of County Commissioners Resolution granting detailed submission approval to the Centennial PMH Project, which states in the seventh "Whereas" clause on page 3: Covenants shall be filed that limit development of the Silver Nugget Park to appropriate active and passive public and open space improvements.. He further referred to the fifth "Whereas" clause that states that the County will undertake the development of appropriate public improvements to the area known as Silver Nugget Park in accordance with the recommendations of the Planning and Zoning Commission to the extent that funds are available... He said that he thinks we need to acknowledge that there was an "assumption" that the Silver Nugget Park would be deed restricted and that never happened and we don't know why. Mr. Seldin proceeded with a presentation associated with recorded instruments affecting the Mollie Gibson park property. A copy of a list of these instruments entitled "Summary of Instruments Affecting Mollie Gibson Park Property is contained in the BOCC packet for this meeting. Commissioner Richards disclosed that she currently lives at Hunter Creek which seems to have some coalition to all the Centennial transactions, but she didn't move there until 1988 after all this land swap. Secondly, that in her role as an Aspen City Council member she voted on a number of the different issues which have been discussed at this time including the final annexation and approval of the Williams Ranch Subdivision, but she does not think that should interfere with her ability to make a ruling on this application. Mr. Seldin summarized that obviously, this is a parcel with a very complicated history. He explained that Alan Richman represented the county in the beginning of this application but once he realized the extent of his personal involvement with the original Centennial approvals, he decided that he should withdraw and that is why he is here today. Commissioner Hatfield commented that in reading the history, presented by staff it appears that there was intent to make this parcel a park, but it was never deed restricted and therefore, we do not have a restriction to keep it all open space. Additionally, there was a connection to Centennial that this was possibly going to be housing, but then it was discovered that there was a concern of geologic problems so that derailed the housing momentum. Lance Clarke said when this application came forward the idea was to do a subdivision exemption for open space parcels. He explained that the primary purpose of that subdivision exemption is to create open space parcels. However, in talking to Alan Richman he made him aware that there is no deed restriction on the property that it is an open space parcel and Alan recommended that a BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING OCTOBER 10, 2007 deed restriction be placed on the property as part of this process. He explained that after Chris Seldin relayed his research information to him, and pointed out particular evidence along the way, he made the determination that indeed, there is no deed restriction, but to him, the intention was due to the fact that the detailed submission says Whereas: this property is to be covenanted as a park and he can only thing that that was suppose to happen and somebody dropped the ball on processing the deed restriction. Therefore, it is his conclusion that a subdivision exemption for an open space parcel is not appropriate that it is an open space parcel, and that is why he is recommending that a subdivision exemption not be approved. Commissioner Farris moved to go into executive session pursuant to C.R.S. Section 26-6-402(4)(b). Commissioner Hatfield seconded the motion. Motion passed unanimously. Commissioner Farris moved to come out of executive session and reconvene as the Board of County Commissioners. Commissioner Clapper seconded the motion. Motion passed unanimously. Chris Seldin said he thinks it is clear that this is a complicated piece of property, but he thinks it is also clear that the property has not been deed restricted that the county has, since the Centennial project, done a number of things that would have been inconsistent with such a deed restriction and he thinks the Board can and should approve the application. Curt Sanders said the only thing that he would add is to back up what Chris. But he also wants to point out that the Richard Grice memorandum talks about geologic concerns with this parcel, and that is why this parcel was corded off and left alone and set aside. He thinks it was set aside as an open space parcel because of the county's concern about safety issues. Commissioner Hatfield stated that after looking at all the information brought forward to the board, he feels that the process, which has been used here is incorrect; this subdivision exemption process should have not have been used. He thinks maybe an actual subdivision process might have helped him be a lot more comfortable because that is what we are really doing. The exemption means that there is a public purpose, but public purpose to create a parcel for development is not consistent with what the intent of the code section is for. Commissioner Farris said she also thinks this is process is the inappropriate process because it is opposite of what our code is intended to do. Commissioner Clapper said she agrees that this process is not the appropriate process and she also agrees that the deed restriction should be followed through on. This is not to say there is not an appropriate process for subdivision for this parcel, but the process for subdivision exemption for open space is just not BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING OCTOBER 10, 2007 appropriate. She moved to deny the application based on the fact that an open space parcel does not qualify for a subdivision exemption. She further moved to direct staff to follow up on the filing of the deed restrictions that were not filed as per the recommendations of Resolution 84-5. Commissioner Richards seconded the motion with a request that Commissioner Clapper add to her motion to ask staff to follow up on the deed restrictions subject to the easements and conveyances that have been made since the approval of Resolution 84-5. Commissioner Clapper amended her motion accordingly. Chairman Owsley opened the hearing to public comment. Chris Heaphey attorney with Holland and Hart, representing Tom Figge of 210 Sesame Street, one of the neighbors of the subject parcel, voiced their opposition to the motion. He said they agree fully, from a legal perspective, of Mr. Clarke and disagree with counsel. He said the space is currently open space and publicly used as open space it's just not deed restricted as such. He said after hearing all the information this parcel was meant to be open space. Chris Seldin said as he understands the motion the board is asking staff to follow up on the deed restrictions, but it has also expressed some openness to an alternative subdivision process and he wants to just offer the observation that those two things might be in contention of one another. If the deed restrictions are recorded on the entire property then he doesn't know if a subdivision would be possible. Commissioner Clapper withdrew her motion to further clarify. Commissioner Richards withdrew her second. Commissioner Clapper moved to deny this application based on the inappropriate process chosen, which is the subdivision exemption for open space parcels. Commissioner Richards seconded the motion with a comment that throughout the documentation, the parcel is referred to as the Mollie Gibson park parcel. Therefore, she thinks there was a belief that this was a park parcel and she thinks it's important for us to stick to those original intentions. Chris Seldin said that he and Curt Sanders has had a conversation and they would request that rather than have the Board deny the application that the matter be continued to a future date so that they can address the impact on the litigation. Commissioner Clapper withdrew her motion. After a short discussion regarding a continuation, Commissioner Hatfield moved to continue this application, at the request of the applicant, to November 14, 2007. Commissioner Clapper seconded the motion. Motion passed with four yea votes and one nay vote by Commissioner Farris. BOARD OF COUNTY COMMISSIONERS 8 REGULAR MEETING OCTOBER 10, 2007 RESOLUTION ALLOCATING 2007 RURAL AREA GMQS ALLOTMENTS FOR ADDITIONAL FLOOR AREA -MOTION TO APPROVE -STAFF PLANNER: Commissioner Clapper moved approval of the Resolution. Commissioner Hatfield seconded the motion. Motion passed unanimously. Commissioner Clapper moved to go into executive session at 2:35 PM. for the purpose of conferring with counsel regarding a land use determination of the hearing officer pursuant to C.R.S. 24-6-402(4(d). Commissioner Hatfield seconded the motion. Motion passed unanimously. R pectfully submitted, G~- Je nette Jones C rl< to the Boar f C my Commissioners ( ichael M. O ley Chairman of the Board of County Commissioners c.: John Ely, County Attorney L__ The above signed attorney, representing the Board and being present at the executive session, attests that the subject of the unrecorded portions of the session constituted confidential attorney-client communication g\bocc\m inutes\2007\10102007 BOARD OF COUNTY COMMISSIONERS 9 REGULAR MEETING OCTOBER 10, 2007