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HomeMy WebLinkAboutBOCC Packet 01132010 Rio Grande Sub MergerAGENDA ITEM SUMMARY REGULAR MEETING DATE: January 13, 2010 AGENDA ITEM TITLE: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING THE MERGER OF LOT 5, RIO GRANDE SUBDIVISION WITH LOT 1, PITKIN COUNTY CENTER SUBDIVISION STAFF RESPONSIBLE: Jodi Smith, Facilities Manager ISSUE STATEMENT: Staff requests BOCC approval of a plat amendment merging Lot 5 Rio Grande Subdivision with Lot 1 Pitkin County Center Subdivision and execution of the Plat Amendment drawings. BACKGROUND: At the time that the Rio Grande Subdivision was established, Lot 5 was placed under the ownership of Pitkin County and designated for future additions to the Pitkin County Jail facility. The Jail is on a different parcel (Lot 1 of the Pitkin County Center Subdivision) which contains the Jail structure itself, the Courthouse, and other Pitkin County buildings. Lot 5 was never merged with Lot 1 for purposes of Jail expansion. In 2002, Pitkin County received land use approval from the City of Aspen to install a parking lot and associated landscaping on Lot 5. In 2009, Pitkin County received land use approval to construct a data center utilizing a modular structure to the rear of the Jail building. At the time of approval, it was noted that a portion of the proposed structure would be on Lot 1 and a portion on Lot 5. City of Aspen Building Code regulations do not permit a structure to be located on two separate lots. Several solutions were proposed, including a lot line adjustment and an easement. However, it was determined that the best solution would be to merge the lots, which would provide for any future development or expansion of the Jail in accordance with the purposes set forth in the Rio Grande Master Plan. On 20 November 2009, the City of Aspen issued Administrative Approval to dissolve the lot line between Lot 1 and Lot 5, noting that this should have been done at the time the Rio Grande Subdivision was established. Plat Amendment documents have been prepared to be executed and recorded under both the Pitkin County Center Subdivision and the Rio Grande Subdivision. Because this action involves properties under the ownership of Pitkin County, BOCC approval of the plat amendment is required LINK TO STRATEGIC PLAN: Safe And Healthy Community - Pitkin County is committed to the mutual pursuit of a peaceful, safe, and healthy environment that promotes meaningful standards of rural mountain resort living for all. Including the following county goals: 1. Pitkin County residents, employees and visitors will live in a safe, secure and healthy environment. 1 2. People have access to information to lead rich and productive lives. 3. The community depends on Pitkin County and the Public Safety to be responsible stewards of the public trust. Pitkin County will do everything responsibly within our means to utilize public resources efficiently, ethically and intelligently. Organizational Excellence - The community depends on Pitkin County to be responsible stewards of the public trust. Pitkin County will do everything responsibly within its means to utilize public resources efficiently, ethically and intelligently. KEY DISCUSSION ITEMS: The project was approved in 2009 by the Board of County Commissioners and has received land use approval to construct a data center utilizing a modular structure to the rear of the Jail building. The County Attorney has requested a formal resolution through the Board of County Commissioners to authorize and sign the revised Plat to merge the two properties which would provide for any future development or expansion of the Jail in accordance with the purposes set forth in the Rio Grande Master Plan. The City of Aspen issued Administrative Approval to dissolve the lot line between Lot 1 and Lot 5, noting that this should have been done at the time the Rio Grande Subdivision was established. Plat Amendment documents have been prepared to be executed and recorded under both the Pitkin County Center Subdivision and the Rio Grande Subdivision. Because this action involves properties under the ownership of Pitkin County, BOCC approval of the plat amendment is required BUDGETARY IMPACT: Budget has been appropriated for the data center building. RECOMMENDED BOCC ACTION: Staff recommends that the BOCC approve the attached resolution authorizing the execution of these plat amendment documents. ATTACHMENTS: 1. City of Aspen Development Order, dated April 27, 2009, for the Data Center structure. 2. City of Aspen Notice of Approval for a Subdivision Exemption, dated November 20, 2009. 3. Two copies of First Amended Plat of Lot 1 and two copies of the First Amended Plat of Lot, Rio Grande Subdivision are located in the County Clerks Office for Board signature for recording. 2 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING THE MERGER OF LOT 5, RIO GRANDE SUBDIVISION WITH LOT 1, PITKIN COUNTY CENTER SUBDIVISION RECITALS RESOLUTION NO. -2010 Pitkin County, acting through its Board of County Commissioners, as owner of Lot 5 Rio Grande Subdivision and Lot 1 Pitkin County Center Subdivision, approves the merger of these two properties to facilitate improvements and additions to the Pitkin County Jail property located at 485 Rio Grande Place. 1. Pitkin County received land use approval on April 27, 2009 from the City of Aspen to construct a building appurtenant to the Pitkin County Jail for the purpose of housing a Pitkin County Data Center. 2. Building code regulations require that this structure be located on one designated property. 3. The designated properties may be merged into one property, which will satisfy the requirements of the City of Aspen Building Code and allow for the construction of the Data Center and other possible future additions to the Pitkin County Jail. 4. This merger is consistent with the purpose designated for Lot 5 in the Rio Grande Master Plan and has been approved by the City of Aspen as a Subdivision Exemption on November 20, 2009. 5. The data center has been approved and funding has been appropriated by the Board of County Commissioners. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that the merger of Lot 5 Rio Grande Subdivision and Lot 1 Pitkin County Center Subdivision shall be approved and the appropriate Plat Amendment documents shall be executed and recorded with the Pitkin County Clerk and Recorder. INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON THE DAY OF 2010. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE DAY OF 2010. 3 PUBLIC HEARING AND SECOND READING ON THE DAY OF , 2010. PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE DAY OF , 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Jeanette Jones Deputy Clerk & Recorder APPROVED AS TO FORM: By George Newman, Chair Date: MANAGER APPROVAL: John Ely, County Attorney Hilary Fletcher, County Manager 4 DEVELOPMENT ORDFR of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Pitkin County, 485 Rio Grande Place, Aspen, Colorado 81611 Property Owner's Name, Mailing Address and telephone number Lots 1 and 5, Pitkin County Center, Aspen Colorado more commonly known as Pitkin County Jai, 485 Rio Grande Place. Legal Description and Street Address of Subject Property The Applicant received approval to allow for a.324 square feet addition to house critical data equipment and computer servers located on the north side of the building, Written Description of the Site Specific Plan and/or Attachment Describing Plan Grant of an approval of a Specially Planned Area amendment and Growth Management Review by the City Council and associated approvals via Ordinance No. 5, Series of 2009 April 13, 2009. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) April 26, 2009 Effective Date of Development Order (Same as date of publication of notice of approval.) April 26, 2012 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued tht. 27th day of April, 2009, by the City of Aspen Community Development Direc Chris Bendon, Community Development Director NOTICE OF APPROVAL FOR A SUBDIVISION EXEMPTION PERTAINING A LOT LINE ADJUSTMENT TO DISOLVE THE LOT LINE BETWEEN RIO GRANDE SUBDIVISION LOT 5 AND PITKIN COUNTY CENTER SUBDIVISION LOT 1, LOCATED AT 485 RIO GRANDE PLACE. Parcel ID (Pitkin County Center) No. 2737-07-3-47-851 Parcel ID (Rio Grande Subdivision) No. 2737-07-3-06-855 APPLICANT: Pitkin County, Phylis Mattice REPRESENTATIVE: Stan Clauson Associates, Inc. SUBJECT & SITE OF APPROVAL: Pitkin County Jail, located on Pitkin County Center Subdivision Lot 1, at 530 E. Main St., involving the approval of Subdivision Exemption for a Lot Line Adjustment intended to dissolve the lot line separating Rio Grande Subdivision Lot 5 and Pitkin County Center Subdivision Lot 1. SUMMARY: Under Ordinance No. 5, Series of 2009, the City of Aspen City Council approved Growth Management review and an amendment to the Rio Grande Specially Planned Area (SPA) for a 324 sq. ft. addition to the Pitkin County Jail. The addition is intended to house data equipment and computer servers for jail operations. Ordinance No. 5 failed to include a correction of the lot line between Rio Grande Subdivision Lot 5 and Pitkin County Center Subdivision Lot 1. The approved location of the data center placed the facility so that it overlapped onto Lot 5 of the Rio Grande Subdivision, a condition that cannot be accepted by Building Code regulations. The Applicant has proposed a lot line adjustment to dissolve the lot line between the two separate subdivision lots, therefore incorporating Lot 5 of the Rio Grande Subdivision into Pitkin County Center Subdivision Lot 1. STAFF EVALUATION: This proposal to dissolve a lot line between two separate subdivisions presents a unique circumstance for Staff. Typically, this type of application would not fall under the criteria for a lot line adjustment or an insubstantial amendment to a development order. Under a typical lot line adjustment, the line being amended still exists after the changes have been made. Dissolving the lot line appears to be most aligned with a plat vacation, however, in this proposal, not all lots and easements are being abandoned which is the standard trigger for a plat vacation Page l of 6 One of the recommendations from Staff was to implement a true lot line adjustment that would have realigned the lot line so that the data center did not overlap the two parcels. However, the Applicant and the Rio Grande SPA (recorded under Ordinance No. 10, Series of 1993) have stated that the use of Rio Grande Subdivision Lot 5 is intended for jail expansions. The Applicant has expressed concern that in the event of this type of a lot line adjustment being approved, there is great potential for additional future expansions to overlap the lot line yet again. Merging the two separate lots would appear to avoid this type of scenario happening again. Staff has made the determination that the location and ownership of these lots is unique, especially when a comparison is made to other subdivisions in the Aspen area. One of the primary reasons for making this determination is that each subdivision is owned by a single entity. The Rio Grande Subdivision Lot 5 and the Pitkin County Center Subdivision Lot 1 is owned by Pitkin County. This limited number of ownerships potentially allows for amendments to subdivisions to be more simplistic and clear-cut. Another factor is that both subdivisions have been zoned Public (PUB) use and the proposed subdivision exemption shall not alter this element. It is highly unlikely that a plan to merge lots within a residential or commercial subdivision would garner the same approach. Based on this ideology, Staff finds that the dissolution of the lot line qualifies as an insubstantial approval and should not require a board review. Staff believes the combination of lots is continuing to meet the intention of the recorded SPA and Subdivision plat, particularly because the lots have been recorded for jail use and jail expansion. As part of this approval, the Applicant shall record amended plats for both subdivisions. Also, included with this approval is a letter from the City Manager, granting approval for the City of Aspen and acknowledging that the Rio Grande Subdivision is losing a recorded lot. DECISION: Staff finds that the Subdivision Exemption application provided by the Applicant, Pitkin County (represented by Stan Clauson Associates, Inc.) should be granted. The proposal, to merge Rio Grande Subdivision Lot 5 and Pitkin County Center Lot 1, continues to meet the expectations of the Specially Planned Area and the recorded subdivision agreements. A condition of this Approval requires that the Applicant record amended subdivision plats for both Rio Grande Subdivision and Pitkin County Center Subdivision. The Application presented reputable information regarding the standards in 26.710.250, Public (PUB) Zone District, and 26.480.030.A(1), Subdivision Exemptions — Lot line adjustment. APPROVED BY: 06,1 2O Chris $endon Date Community Development Director Page 2of 6 Attachments: Exhibit A — Subdivision Exemption Review Standards Exhibit B — Letter from the City of Aspen City Manager Exhibit C — Amended Plat of the Rio Grande Subdivision Exhibit D — Amended Plat of the Pitkin County Center Subdivision Page 3of 6 EXHIBIT A Pitkin County Jail, Subdivision Exemption REVIEW CRITERIA & STAFF FINDINGS: 26.480.030.A(1): Subdivision Exemption - Lot line Adjustment A. General Exemptions 1. Lot line adjustment. An adjustment of a lot line between contiguous lots if all the following conditions are met: a. It is demonstrated that the request is to correct an engineering or surveying error in a recorded plat of is to permit an insubstantial boundary change between adjacent parcels; and Staff Finding: Staff considers the dissolution of lot lines to be an insubstantial boundary change. The change matches the intention of land when examining the SPA overlay, which states that both lots are intended for County Jail use and jail expansion. Staff finds this criterion to be met. b. All landowners whose lot lines are being adjusted shall provide written consent to the application; and Staff Finding: The Applicant, Pitkin County, is the owner of both the lots being considered. Their written approval has been included with the application. In addition, Staff has included a letter the City Manager, granting approval and acknowledging the loss of a lot in the Rio Grande Subdivision. Staff finds this criterion to be met. c. The corrected plat will meet the standards of this chapter, and conform to the requirements of this title, including the dimensional requirements of the zone district in which the lots are located, except in cases of an existing nonconforming lot, in which the adjustment shall not increase the nonconformity of the lot. The plat shall be submitted and recorded in the office of the Pitkin County Clerk and Recorder. Failure to record the plat within a period of one hundred eighty (180) days following approval shall render the plat invalid and reconsideration of the plat by the Community Development Director will be required before its acceptance and recording; and Staff Finding: Staff finds that plat amendment meets the standards of Chapter 26.480, Subdivision and all other requirements of Title 26 and the dimensional requirements of the zone district. Staff finds this criterion to be met. Page 4of 6 d. It is demonstrated that the lot line adjustment will not affect the development rights, including any increase in FAR, or permitted density of the affected lots by providing the opportunity to create a new lot for resale or development. A plat note will be added to the corrected plat indicating the purpose of the lot line adjustment and the recognition that no additional FAR will be allowed with the adjustment. Staff Finding: The dissolution of lot lines involves lots within an SPA overlay. The recorded SPA requirements determine the allowable floor area of the property. Therefore, this lot line adjustment shall not affect any of the approved floor area allotments for the lots, specifically Lot 1 of the Pitkin County Center Subdivision. A plat note will be included in the plat amendment for both subdivisions signifying the lot line adjustment and its purpose. Page 5of 6 November 24, 2009 Chris Bendon Community Development 130 S. Galena Street Aspen CO 81611 ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT RE: Application for Subdivision Exemption / Pitkin County Jail Data Center Addition Dear Chris: The Land Use Application submitted by Pitkin County, represented by Stan Clauson Associates, Inc., has been reviewed by the City Manager's Office. The City is in agreement with your approach that the dissolution of lot lines between Rio Grande Subdivision Lot 5 and Pitkin County Center Lot 1 is appropriate and can be handled administratively. • This letter shall serve as consent from the City of Aspen for the abandonment of a lot within the Rio Grande Subdivision. Before receiving a development order, the Applicant is required to record amended plats for both subdivisions involved. Please contact Drew Alexander at 970.429.2739 or drew.alexanderci.asben.co.us if you have any questions. Cheers, Steve Barwick City Manager, City of Aspen cc: Chris Bendon Drew Alexander 130 SOUTH GALENA STREET • ASPEN, COLORADO 81611-1975 - PHONE 970.920.5090 FAX 970.920.5439 ` Printed on Recycled Paper