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HomeMy WebLinkAboutboccminreg12192007PITHIN COUNTY COMMISSIONERS REGULAR MEETING AGENDA Plaza One Meeting Room WEDNESDAY, DECEMBER 19, 2007 11:00 AM EXECUTIVE SESSION 12:00 NOON REGULAR MEETING ADDITIONS/DELETIONS TO AGENDA PUBLIC COMMENT, COMMISSIONER COMMENTS CONSENT ACTIONS 1. Abatements, Tiffany Wancura 2. Minutes of November 6, 13 & 20 Work Sessions, November 28 & December 5 Regular Meetings, and December 4 & 11 Special Meetings 3. Ambulance Licensing Agreements, Rich Walker 4. Resolution Establishing Formula for Distribution of the Municipal Share of County Sales Tax Revenue, Debe Nelson CONSENT ACTIONS 1st Readings, Set for Public Hearing on January 9, 2008 5. Resolution Adopting the Pitkin County Nordic Trails Plan, Dale Will CONSENT PUBLIC HEARING, 2°d Reading 6. 2008 Budget Resolutions: Adoption, Appropriation and Setting County Mill Levies, Debe Nelson 7. Resolution Setting Initial Airport Fees and Charges for 2008, Tom Oken & Jim Elwood 8. Ordinance Approving the Granting of a Sewer Line Easement across the Rio Grande Trail, Barb D'Autrechy 9. Ordinance Approving A Water Line Easement Swap Across Pitkin Reserve Lot 8, Barb D'Autrechy 10. Ordinance Accepting Dart Conservation Easement Amendments, Dale Will ADMINISTRATIVE ACTION 11. Certification of Mill Levies, Debe Nelson LAND USE CONSENT PUBLIC HEARINGS 1. Flying Dog Ranch PUD, Rezoning, Code Amendments, 1041 Hazard Review, Special Review, GMQS Exemption, (Continued to 1/9/08), PH (PN 2/11/07), S. Wolff LAND USE CONSENT ACTIONS 2. Micro Hydro Plants Code Amendment, 2°d Reading, M. Kraemer 3. Forwarding 2007 UGB GMQS Scores (New Lots/Parcels), S. Wolff LAND USE PUBLIC HEARINGS 4. Harvey Constrained Site TDRs, (Continued from 10/24/07), PH (PN 8/12/07), S. Wolff 5. Sustainable Settings Annual Review and Master Plan Amendment, PH (PN 11/18/07), S. Wolff LAND USE ACTIONS 6. Coates/Eubank Extension of Vested Rights, S. Wolff 7. Pew (2) Minor Amendment to a Development Permit, M. Kraemer 8. ESPN Winter X Games (2008) Special Event Permit Application, V. MacDonald BOCC OPEN DISCUSSION ADJOURN WEDNESDAY & THURSDAY, DECEMBER 19 & 20 Transportation Commission- CDOT Headquarters Auditorium Denver APPROVED JANUARY 09, 2008 MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR MEETING DECEMBER 19, 2007 NOTE: For all staff memorandums and associated documents, including additional exhibits submitted to the record, refer to the BOCC PACKET FOR DECEMBER 19, 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, Jack Hatfield and Rachel Richards COMMISSION MEMBERS ABSENT: None ADDITIONS/DELETIONS/TO THE AGENDA: County Manager, Hilary Fletcher announced the following changes to today's agenda. They are: • Under Land Use Consent Actions -Micro Hydro Plants Code Amendment - continued to date not yet determined • Under Land Use Public Hearings -Harvey Constrained Site TDRs continued to February 13, 2007 Under Land Use Actions -Pew (2) Minor Amendment to a Development Permit -continued to date not yet determined PUBLIC COMMENT: Justine Kirk addressed the board regarding a possible zoning violation variance. Ms. Kirk submitted the following documents: / November 14, 2007 letter from Justine Kirk to Joanna Schaffner, County Zoning Officer / December 14, 2007 letter from Joanna Schaffner, County Zoning Officer to Justine Kirk / November 16, 2007 letter from Louis H. Buettner, Surveyor to Junee Kirk BOARD OF COUNTY COMMISSIONERS 1 REGULAR MEETING DECEMBER 19,2007 / Five copies of maps / 2 pages of Community Development Permit Application Chairman Owsley said that the board would not be able to actually respond to her questions today, but staff would investigate her request and get back to Ms. Kirk with their findings. Staff will inform the BOCC of the investigation and results when completed. COMMISSIONER COMMENT: All of the Commissioners thanked other board members and staff for their work in 2007 and looked forward to 2008. They also wished Happy Holidays to everyone. Commissioner Richards asked for a moment of silence to honor the 3,895 American soldiers who have died in this most recent war and the 28,661 wounded. A moment of silence was observed along with a prayer for their families, the Iraqi citizens and for peace and resolution in the coming year. CONSENT ACTIONS: RESOLUTION APPROVING A PETITION FOR ABATEMENT OR REFUND OF TAXES FOR BRIAN E. OLESEN -MOTION TO APPROVE STAFF -TIFFANY WANCURA, COUNTY TREASURER\ AND RESOLUTION APPROVING A PETITION FOR ABATEMENT OR REFUND OF TAXES FOR CITICAPITAL COMMERCIAL LEASING CORPORATION - MOTION TO APPROVE STAFF -TIFFANY WANCURA, COUNTY TREASURER MINUTES OF BOARD OF COUNTY COMMISSIONERS' WORK SESSION MEETINGS OF NOVEMBER 06, 13 AND 20, 2007; SPECIAL MEETING MINUTES DECEMBER 04 AND DECEMBER 11 (1), 2007 AND REGULAR MEETING MINUTES OF NOVEMBER 28, 2007 AND DECEMBER 05, 2007 - MOTION TO APPROVE STAFF - LYNDEE DEAN/JEANETTE JONES, CLERKS TO THE BOARD APPROVING AMBULANCE LICENSES FOR THE ASPEN AMBULANCE DISTRICT: MEDIC 1, MEDIC 2, MEDIC 3, MEDIC 4, MEDIC 5; SNOWMASS/WILDCAT FIRE PROTECTION DISTRICT: MEDIC 7, MEDIC 8, MEDIC 9; BASALT/RURAL FIRE PROTECTION DISTRICT: MEDIC 41, MEDIC 42, MEDIC 43, MEDIC 44; AND ASPEN AMBULANCE DISTRICT (BASIC LIFE SUPPORT AMBULANCE): MEDIC 6 (MOUNTAIN AMBULANCEI -MOTION TO APPROVE BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING DECEMBER 19,2007 STAFF PERSON -RICH WALKER, CHAIRMAN OF THE EMERGENCY MEDICAL TRAUMA ADVISORY COUNCIL READING ON RESOLUTION ESTABLISHING THE FORMULA FOR THE DISTRIBUTION OF THE MUNICIPAL SHARE OF COUNTY SALES TAX REVENUE FOR THE YEAR 2008 AS REQUIRED BY RESOLUTION 78-121 - MOTION TO APPROVE STAFF - DEBE NELSON, FINANCE DIRECTOR Commissioner Kay-Clapper moved to approve the Consent Action items. Commissioner Hatfield seconded the motion. Motion passed 5 to 0. CONSENT ACTIONS -1ST READINGS, SET FOR PUBLIC HEARING ON JANUARY 09, 2007: FIRST READING ON RESOLUTION ADOPTING THE PITKIN COUNTY NORDIC TRAILS PLAN -MOTION TO APPROVE ON FIRST READING AND SET SECOND READING AND PUBLIC HEARING TO JANUARY 09, 2007 STAFF -DALE WILL, DIRECTOR OF PITKIN COUNTY OPEN SPACE & TRAILS Commissioner Farris moved to approve the Nordic Trails Plan Resolution on first reading and set second reading and public hearing to January 09, 2007. Commissioner Kay-Clapper seconded the motion. At the request of Commissioner Richards, Ben Dodge, President of the Aspen Snowmass Nordic Council, gave a short summary of the plan. Mr. Dodge, after giving his summary, announced that there is a recreational community skiing event on January 19, 2007 from Slaughterhouse to the Roaring Fork Club. Everyone was invited to participate. Howie Mallory, also on the Nordic Council, informed everyone that Pitkin County will become the first governmental agency to adopt this plan. Commissioner Kay-Clapper informed the public that Commissioner Michael M. Owsley will be the BOCC representative to the Nordic Council for 2008. Chairman Owsley called the question. Motion passed 5 to 0. CONSENT PUBLIC HEARING - 2ND READINGS: SECOND READING AND PUBLIC HEARING ON RESOLUTION SUMMARIZING REVENUES AND EXPENDITURES FOR EACH FUND AND ADOPTING A BUDGET FOR PITKIN COUNTY, COLORADO FOR THE CALENDAR YEAR 2008 -MOTION TO APPROVE BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING DECEMBER 19,2007 STAFF -DEBE NELSON, FINANCE DIRECTOR SECOND READING AND PUBLIC HEARING ON RESOLUTION APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS. IN THE A__MOUNTS AND FOR THE PURPOSES SET FORTH BELOW, FOR PITKIN COUNTY, COLORADO, 2008 BUDGET YEAR -MOTION TO APPROVE STAFF -DEBE NELSON, FINANCE DIRECTOR SECOND READING AND PUBLIC HEARING ON RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 2007, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE COUNTY OF PITKIN COLORADO. AND ITS SPECIAL DISTRICTS FOR THE 2008 BUDGET YEAR -MOTION TO APPROVE STAFF -DEBE NELSON, FINANCE DIRECTOR SECOND READING AND PUBLIC HEARING ON RESOLUTION SETTING INITIAL AIRPORT FEES AND CHARGES FOR 2008 -MOTION TO APPROVE STAFF -TOM OKEN, COUNTY CHIEF FINANCIAL OFFICER AND JIM ELWOOD, DIRECTOR OF AVIATION SECOND READING AND PUBLIC HEARING ON ORDINANCE APPROVING THE GRANTING OF A SEWER LINE EASEMENT ACROSS THE RIO GRANDE TRAIL -MOTION TO APPROVE STAFF -BARB D'AUTRECHY, OPEN SPACE AND TRAILS SECOND READING AND PUBLIC HEARING ON ORDINANCE APPROVING THE GRANTING OF A WATER LINE EASEMENT ACROSS PITKIN RESERVE LOT 8 -MOTION TO APPROVE STAFF -BARB D'AUTRECHY, OPEN SPACE AND TRAILS SECOND READING AND PUBLIC HEARING ON ORDINANCE ACCEPTING AMENDMENTS TO THE DART CONSERVATION EASEMENT -MOTION TO APPROVE STAFF -DALE WILL, DIRECTOR OF PITKIN COUNTY OPEN SPACE & TRAILS Commissioner Farris moved to approve the items under Consent Public Hearing, second readings. Commissioner Richards seconded the motion. Chairman Owsley opened the hearing for public comment on items seven (7) through ten (10). Commissioner Hatfield asked to pull the three (3) budget Resolutions (item 6) for comment. BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING DECEMBER 19,2007 Because of Commissioner Hatfield pulling the budget items for comment (item 6), Commissioner Farris amended her motion to approve the other four (4) items only (items 7 through 10) under Consent Public Hearing, 2nd Readings. Commissioner Richards was acceptable to this amendment. Motion passed 5 to 0. NOTE: Dale Will, Open Space and Trails Director, announced that the Aspen Valley Land Trust ratified this proposal yesterday regarding the Dart Conservation Easement Amendments Ordinance. Commissioner Richards moved to approve the three (3) Budget item Resolutions. Commissioner Kay-Clapper seconded the motion. Regarding the budget Resolutions, Commissioner Hatfield commented on some of the reasons behind his decision to vote no on those items (item 6). Among his concerns were creating staff positions before revenue studies are done. He is also concerned, generally speaking, with increasing staff. He supports multiple portions of this budget, he continued, but there are certain ones that he does not wish to support. He said that he respects the other Commissioners and their thinking, but had differing comments on the mill levy. He said that the County did the right thing concerning the County General fund in not choosing to retain that 41 % increase and go to the voters in 2008. On the other hand, however, regarding the Open Space fund, they chose, as a majority, to retain the full 41 %. He said that he still believes the allowed portion of the mill levy should have been reduced. The other Commissioners added their comments on why they were in full support of these budget items. There was no further public comment given. Therefore, Chairman Owsley closed the public hearing and called the question of approving the three (3) Budget Resolutions. Motion passed 4 to 1 with Commissioner Hatfield voting nay for reasons stated above. ADMINISTRATIVE ACTIONS: CERTIFICATION OF MILL LEVIES -MOTION TO CERTIFY STAFF - DEBE NELSON, FINANCE DIRECTOR Ms. Nelson submitted the mill levies to the board at this meeting. These mill levies have been attached to the board packet material. Commissioner Farris moved to certify the mill levies. Commissioner Kay- Clapper seconded the motion. Motion passed 5 to 0. LAND USE CONSENT PUBLIC HEARINGS: BOARD OF COUNTY COMMISSIONERS J REGULAR MEETING DECEMBER 19,2007 FLYING DOG RANCH PUD, REZINING, CODE AMENDMENTS, 1041 HAZARD REVIEW, SPECIAL REVIEW, and GMQS EXEMPTION -MOTION TO CONTINUE TO JANUARY 09, 2008 STAFF -SUZANNE WOLFF, SENIOR PLANNER Commissioner Hatfield moved to continue the Flying Dog Ranch item to January 09, 2008. 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 to continue passed 5 to 0. LAND USE CONSENT ACTIONS: SECOND READING ON ORDINANCE AMENDING THE 2006 LAND USE CODE FOR MICRO HYDROELECTRIC ENERGY FACILITIES -MOTION CONTINUE STAFF -MICHAEL KRAEMER, PLANNER Applicant: Bruce Fabrizio Applicant's Representative: Tom Newland Applicant's Request: The applicant has proposed to amend certain 2006 Land Use Code Sections (as amended) for construction of a personal micro-hydroelectric generator. NOTE: Staff drafted language that reflects BOCC's comments from the first reading of November 28, 2007. The County Attorney determined that the revised Ordinance is more restrictive in nature and must be reviewed by the Planning and Zoning Commission prior to BOCC review. The Commission will review the changes on January 15, 2008 and the matter will be rescheduled for BOCC review. Commissioner Kay-Clapper moved to continue the Ordinance amending the 2006 Land Use Code for micro hydroelectric energy facilities to a date not yet determined. Commissioner Richards seconded the motion. Motion passed 5 to 0. FORWARDING 2007 URBAN GROWTH BOUNDARY RESIDENTIAL GMQS SCORES FOR NEW SUBDIVISION LOTS/35+ ACRE PARCELS - NO ACTION REQUIRED AT THIS TIME STAFF -SUZANNE WOLFF, SENIOR PLANNER No action was required of the board on this item. BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING DECEMBER 19,2007 LAND USE PUBLIC HEARINGS: CONTINUED 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 OTERRACES - MOTION TO CONTINUE TO FEBRUARY 13, 2008 STAFF -SUZANNE WOLFF, SENIOR PLANNER Applicant: Applicant's Representative: Connie, Mark and Ann Harvey Ken Ransford Applicant's Request: The 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. The BOCC continued the hearing on October 24, 2007 to give the applicant an opportunity to approach the Open Space Board. The Open Space Board discussed the proposal and is not interested in purchasing the lots. The BOCC conducted a site visit on December 10, 2007. Commissioner Kay-Clapper moved to continue the Harvey request to February 13, 2008. 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 to continue passed 5 to 0. THE BOARD TOOK A SHORT BREAK AT THIS TIME. PUBLIC HEARING ON SUSTAINABLE SETTINGS ANNUAL REVIEW AND MASTER PLAN AMENDMENT -MOTION TO CONTINUE TO FEBRUARY 13. 2008 WITH DIRECTION TO STAFF AND DIRECTION TO APPLICANT TO RETURN WITH A PROGRESS UPDATE STAFF -SUZANNE WOLFF, SENIOR PLANNER Applicant: Applicant's Representative: Sustainable Settings, Inc. Brook Levan Applicant's Request: The applicant has submitted annual reports for 2005, 2006 and 2007 for review. The applicant is also BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING DECEMBER ]9,2007 requesting to amend the prior approval to allow special events of up to 200 people before a Special Event/Temporary Use Permit is required. The approval currently requires a permit for all special events with more than 50 people. Ms. Wolff proceeded with a full presentation as outlined in her staff memorandum. She informed the board of the concerns by the Environmental Health and Natural Resources Department regarding the activity going on at this site, particularly with school group tours and courses and the fact that there is not adequate water/sewage disposal and hand washing facilities. There were a number of other issues such as no report on traffic generation, no required annual reports previous to 2005 as well as a Notice of Violation due to lack of special event permit for an event held on August 18 and 19 of this year. All of staff's concerns are shown in the staff memorandum. DIRECTION TO STAFF -Commissioner Farris addressed the contained traffic associated with the Red Barn. She did not know their numbers but asked if staff could include them for comparison. Nancy McKenzie of the Environmental Health and Natural Resources Department spoke to the board regarding her department's concerns. Her remarks on the water supply, sewage treatment and collection as well as other issues such as disease prevention can be found in her staff memorandum to Suzanne Wolff dated December 3, 2007 in the meeting packet material. Chairman Owsley stated that it appeared the board was in support of staff's recommendation to prohibit further public activities until the issues have been resolved. And also, to delay the action on the requested amendment regarding special events until the water and sewage disposal issues have been addressed and the Caucus has had an opportunity to comment. Mr. Levan responded by telling the board what is being done and/or worked on. He said that they have been providing anti-bacterial soap from day one and allow the visitors to use the sinks in the house. He said that the public appears to want what Sustainable Settings is offering in the form of tours and group visits. He said that he would need help on getting traffic generation. He was informed by Chairman Owsley that staff would assist him in learning how to do the traffic generation. Mr. Levan added that he just spoke with the Colorado Division of Water Resources this morning. He said that Ms. McKenzie questioned their current BOARD OF COUNTY COMMISSIONERS ~ REGULAR MEETING DECEMBER 19,2007 well permit asking if it was for the uses that they were doing. He said that they have an exempt residential permit which allows for three (3) single family dwellings, and certain amounts of irrigation, livestock water. He said that they are well under that flow, but he was told by the Colorado office that if they were using this for kids to wash hands it was really not the same thing. So, the use is different, it's not that they're beyond flows, he said. The Colorado office suggested two ways for Mr. Levan to go on this issue. One was to get a commercial exempt well permit and the other was to go for a full on water aug plan, which is about $30,000.00 and over a year in Water Court. He said that he has a water lawyer already on that but he still needs to find a water engineer yet in order to start that. While doing that, Mr. Levan was told that there is something called a temporary substitute supply plan that parallels your thing in court and allows you to continue to work as you are while you're going after the change in the aug plan. He said that he is working on that. He said that the really big things are washing hands and the toilets. Mr. Levan said that they had a permit to build a solar composting toilet, but they didn't have the money so that got shelved. He said that they're land rich so it takes them longer as they have to find the money to be able to build the facilities. Commissioner Farris informed Mr. Levan that we need to go forward and that he needs to sit down with Ms. McKenzie and with Community Development and come up with solutions for water, sanitation, protecting the health, the number of users permitted, the safety, and the traffic issues and then the board would see him again. She said that until then she doesn't see anything else that the board can do until these issues are resolved. Chairman Owsley opened the hearing to public comment. Bob Dupre is the Secretary/Treasurer of the Crystal River Caucus Board of Directors. Speaking on their behalf, he said that this application/request, per se, is not aCaucus-wide concern. He added that their access is within line of sight of the proposed Thompson Creek Trailhead and also on a difficult stretch of highway. However, he said that it would be on the Caucus' next agenda on February 14, 2008 to discuss concerns with traffic congestion and high speeds due to the requested increase of group visitors. Mr. Dupre asked if someone from staff could be present at their Caucus meeting to answer any questions or concerns from the public regarding the traffic issue. Commissioner Kay-Clapper questioned Mr. Dupre's request for staff assistance at their meeting. Commissioner Farris suggested that the Caucus could also contact CDOT regarding their traffic concerns. BOARD OF COUNTY COMMISSIONERS 9 REGULAR MEETING DECEMBER 19,2007 Commissioner Hatfield said that he felt that Sustainable Settings should request feedback from CDOT and that the burden shouldn't be on the Caucus. Discussion ensued on the Caucus and their review. Mr. Levan would like to request six months to get things straightened out. He said that there's not a lot going on in January, February, March and April. He said that things kick in again in May and he should have facilities in by May, but he needs time to get everything figured out. He asked on what level they would not be allowed to operate. A discussion among the board and staff developed on what level he would not be allowed to operate. Cindy Houben, Director of Community Development, said that she thinks it's a good idea to have a written determination from the applicant in terms of how the issues are going to be handled and the timeframe they will be handled in. If we can get that on the February 13 agenda, then staff will have the information on when, at least, the traffic generation and usage is going to come forward to staff and the board. Then the Caucus will be better informed. DIRECTION TO APPLICANT - Mr. Levan was informed by Hilary Fletcher, County Manager that he should have his information in to Community Development by February 1, 2008 in order to review the material and have it be on the BOCC February 13, 2008 agenda. It was noted that the Caucus meets on February 14, 2008. NOTE: With regard to allowance of scheduled uses and/or events during this time period, the board made the following clarifications: / Okay for store to be open, but NO public activities (or scheduled formal groups or tours) / No school/kid groups until there are proper facilities available / Incidental drop ins okay / Employee services okay (i.e. maintenance, gardening, etc.) Commissioner Kay-Clapper moved to continue this item to February 13, 2007 (with a recommendation for a timeline from Sustainable Settings and consultation with Environmental Health, Community Development and CDOT. And, at that time the applicant will return and give the board an update on the progress of the outstanding matters). Commissioner Richards seconded the motion. Motion passed 5 to 0. THE BOARD TOOK A SHORT BREAK AT THIS TIME. LAND USE ACTIONS: BOARD OF COUNTY COMMISSIONERS 10 REGULAR MEETING DECEMBER 19,2007 READING AND PUBLIC HEARING ON RESOLUTION APPROVING A NINE MONTH EXTENSION OF VESTED REAL PROPERTY RIGHTS FOR THE COATES AND EUBANK PARCELS -MOTION TO GRANT A NINE (9) MONTH EXTENSION OF VESTED RIGHTS FROM MARCH 15 2008 STAFF - SUZANNE WOLFF, SENIOR PLANNER Applicant: Nick and Betty Coates (Parcel 1) Dale Eubank (Parcel 2) Applicant's Representatives: Glenn Horn and Gideon Kaufman Applicant's Request: The applicants are seeking a nine month extension of the vested rights associates with the approvals granted pursuant to Hearing Officer Determination No. 05-2005. The vested rights will expire on March 15, 2008. The applicants state that they are requesting a nine month extension from the expiration date "to prepare a plan which is more consistent with the current Pitkin County Land Use Code". This would take them through 2008. The applicants note that the approved building envelopes are set back 20' from the river, which was permitted under the prior Code. The current Code requires a 100' setback, which can be reduced to 50' if "there is no area on the property that can be used for development outside of the 100' setback without encroachment into {certain constrained areas}. Ms. Wolff proceeded with her presentation as mirrored in her staff memorandum. It was noted that the BOCC is scheduled to discuss a code amendment to consider other, less restrictive exceptions to the 100' setback. If adopted, she stated, this amendment would allow the applicants to build on the lower bench in compliance with a 50' setback from the river. If not adopted, the applicants are prepared to submit building permit applications for both parcels on the original approval prior to the expiration of the vested rights. Staff recommendation is to grant an extension, but to require the applicants to maintain at least a 50' setback. That is what the Caucus recommended. The issue that is on the table is part of that Code amendment and applicants' representatives are asking if the board would provide any more flexibility in the language that would allow them to do less than a 100' setback and how that might work as that Code amendment has not gone forward yet. Glenn Horn and Gideon Kaufman, applicants' representatives, gave their presentation to the board. He said that they have hired the architects, they have hired the structural and they have hired the septic just so that they are not in a position to lose everything. They would rather not proceed that way as their clients have come up with some ideas that take some good steps in improving the site plan that more in keeping with where the County would like to go and the BOARD OF COUNTY COMMISSIONERS 1 1 REGULAR MEETING DECEMBER 19,2007 design that fits better down below. They do have a problem with the 50' recommendation. He said that it is a definitive standard that is difficult to meet on both sides and takes away their flexibility. Mr. Kaufman proceeded with a visual presentation for the board. The property is in Woody Creek on Doc Henry Road. Currently, two small homes and some garages sit on the property. Under the current approved plans, the 8250 all fits 20' off the river. 8250 sf of floor area per lot and it's all oriented right there. All development on the river, all the major massing right on the river and minimal setback from the river and there's no riparian area enhancement plan because it wasn't required at that time, and there would be no CDUs. Mr. Kaufman's visual presentation showed the board what they have been toying with and what they feel is a big improvement: ^ Reduces impacts on the river ^ Structures further from the river ^ House size reduction ^ Reduced massing on the river ^ Elaborate riparian area enhancement plan ^ Preservation of trees ^ Preservation of existing dwellings as CDUs. Commissioner Hatfield commented that the board has been hesitant to extend vested rights. He believes that this would be in the public interest, the potential to setback further. He is not judging what might happen in the future, but he is looking forward to having the discussion about the Code amendment and therefore he made the following motion. Commissioner Hatfield moved to grant a nine (9J month extension of vested rights from March 15, 2008. Commissioner Kay-Clapper seconded the motion. Chairman Owsley asked the representatives the following question. Given that you would get an extension of nine (9) months, would you come back and say that that plan has not worked out and we're going to, at that point, build within 20' of the river. Or, he continued to ask, are you making the commitment for something that is a substantial improvement, although you can't offer a foot figure. Mr. Kaufman said that what he can commit to is to the riparian restoration area, he can commit to the CDUs which, by themselves, reduce the FAR, and he can commit that this particular structure will set back more than the 20'. And, he can commit that the size of this will be reduced from the 8250 significantly. Commissioner Richards asked Mr. Kaufman if those material representations that he just made would become conditions of the extension of vested rights. BOARD OF COUNTY COMMISSIONERS 12 REGULAR MEETING DECEMBER 19,2007 Mr. Kaufman replied, sure. REQUEST OF THE APPLICANT -Commissioner Richards asked that when they see the final plans she would like a GIS map of the area as well so that she can visualize the trees that would be saved and the slopes on there. Chairman Owsley and Commissioner Farris asked if they would be willing to come back with their final plans and say we that they made these representations at this hearing on December 19 - - Mr. Kaufman responded by saying as long as the review is based on that commitment and don't get into a situation where someone says well, you did that, but why did you turn this one over here and turn that over there. For information purposes, he said fine, as long as no one gets paper and pencil out trying to design. To be clear, Mr. Horn said that they are talking about coming back showing a riparian restoration plan for an area along the riverbank that the structure on the upper lot (the upstream/up valley lot), the floor area associated with that structure, will be setback more than 20' from the high water mark of the stream. There's going to be significant reduction in floor area associated with the structure on the downstream lot. They will also show the context of the trees in terms of what's going on down there on the site with photos from GIS. Cindy Houben, Director of Community Development wanted to get clarification. She asked the representatives if they were basically asking that prior to her department issuing a building permit, that they are verifying that these conditions have adequately been met so that it's more than informational. Chairman Owsley said that he would expect that staff would go ahead and issue the permit. All the board wants to know is that they have done what they said. Chairman Owsley called the motion to approve. Motion passed 5 to 0. PEW MINOR AMENDMENT TO A DEVELOPMENT PERMIT -MOTION TO CONTINUE TO A DATE NOT YET DETERMINED STAFF -MICHAEL KRAEMER, PLANNER Applicant: Robert Pew Applicant's Request: The applicant requests a minor amendment to a development permit for connecting to the Woody Creek Mobile Home Park's water and sewer facilities. It has been stated that the water will be used for fire suppression services. BOARD OF COUNTY COMMISSIONERS 13 REGULAR MEETING DECEMBER 19,2007 Staff feels that the application should be continued until the Woody Creek Caucus can provide comments. Commissioner Kay-Clapper moved to continue the Pew item to a date not yet determined. Commissioner Richards seconded the motion. Motion passed 5 to 0. ESPN WINTER X GAMES (2008) SPECIAL EVENT PERMIT APPLICATION - INFORMATION MEETING ONLY - NO MOTION/ACTION REQUIRED STAFF -CINDY HOUBEN, DIRECTOR OF COMMUNITY DEVELOPMENT Valerie MacDonald is the Special Events Permit Coordinator. She introduced the others present with her for today's meeting with the board. They were Vanessa Anthes, David Meeker, Joe DiSalvo and Ron Ryan. Also present was Anthony Dittman from ESPN. Ms. MacDonald gave her presentation to the board and answered questions from the board members to their satisfaction. When the spoke to Undersheriff Joe DiSalvo regarding alcohol use during these events. He informed the board that they will have a bag check at the Intercept lot and at the gate to keep that in check. He is, however, hoping for an Emergency Ordinance to be issued by the BOCC between now and the event that will prohibit alcohol from the premises. Undersheriff DiSalvo was informed that the board would have first reading on that Ordinance on January 09, 2008, effective immediately with a confirmatory hearing on January 23, 2008. Commissioner Kay-Clapper had an issue with the Right Door and their evaluation of $500.00 per shift that she wanted to clarify. She would like to find some reimbursement for some of the Right Door cost, but she does not know what they mean by supplies and meals for their workers. She said that she has not seen any breakdown for their charges. The only other thing she wanted to discuss was Dave Meeker. Having worked with him before, and she understands people not showing up for shifts, she asked if he had a way of setting it up that if someone doesn't show up for all the shifts they wouldn't get paid for any of their shifts. She's trying to find a way to incentivize that. As there are no concerts scheduled in town, Commissioner Kay-Clapper thought this would free up a lot of security people at the game site. BOARD OF COUNTY COMMISSIONERS 14 REGULAR MEETING DECEMBER 19,2007 Mr. Meeker said no, but if they show up for all their shifts they would get a bonus at the end. He said he is bringing a lot of people in from out of town so he thinks that will help a lot. Commissioner Hatfield asked about Ellen Anderson's thoughts for increased coordinated public information, perhaps through a joint information center. Undersheriff DiSalvo said that there was a bit of a panic last year at the end of the games surrounding the concerts and events. He discussed one single point of contact for the input of all the information and a single exit for the dissemination of that information. Since the concerts are out of the picture, the need for that, in his opinion, has lessened significantly. Commissioner Richards asked that there be more ground security at Buttermilk, especially on the half-pipe area and in the crowds there as she has safety concerns when people get crammed together there and there is a potential for crushing. A map of the area showing where the spectators, athletes and staff will be standing was submitted for the record along with information given by Mr. Dittman to help with the crowd control situations. No action or motion required on this item. BOCC OPEN DISCUSSION: Open discussion with the board and County Manager was held. ADJOURNMENT: Commissioner Kay-Clapper moved to adjourn the regular meeting at 3:18 PM. Commissioner Richards seconded the motion. Motion passed 5 to 0. BOARD OF COUNTY COMMISSIONERS 15 REGULAR MEETING DECEMBER 19,2007 Respectfully submitted, Ly d R. can CI to th Board ofe~nty Commissioners Jearfiette Jones Cl~rk to the Board o ounty Commissioners Michael M. Owsliey -" --~ Chairman of the Board of County Commissioners g\bocc\m i n utes\2007\ 12192007 BOARD OF COUNTY COMMISSIONERS 16 REGULAR MEETING DECEMBER 19,2007