HomeMy WebLinkAboutBOCC Packet 01272010 Rio Grande Sub MergerAGENDA ITEM SUMMARY
REGULAR MEETING DATE: January 27, 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.
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.
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 Communitv - 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.
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.
Or~anizational 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: Descretion of the Board
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 Apri127, 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.
4. Site Maps
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,
PITHIN 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 13th DAY
OF JANUARY. 2010.
NOTICE OF PUBLIC HEARiNG PUBLISHED IN THE ASPEN TIMES WEEKLY ON
THE DAY OF 2010.
PUBLIC HEARING AND SECOND READING ON THE 27th DAY OF JANUARY,
2010.
PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE
DAY OF , 2010.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By
Jeanette Jones George Newman, Chair
Deputy Clerk & Recorder
Date:
APPROVED AS TO FORM: MANAGER APPROVAL:
John Ely, County Attorney Hilary Fletcher, County Manager
DEVELOPMENT ~RDER
of the
City of Aspen
Communi~y Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Sectian 26.304.070,
"Development Orders", and Section 2d.308.010, "Vested I'raperty 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, extensian,
reinstatement, or a revocation is issued hy City Council pursuant to Section 26.308.010. After
Expiration of vested property rights, this Order shali remain in full force and effect, excluding
any growth management ailotments granted pursuant to Section 26.4?0, 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 Couni-x,, 485 Rio Grande Place Aspen, Colorado, 8l 61 l
Property Owner's Nasne, Maiking Address and telephone number
Lots I and 5 Pitkin Countv Center Aspen Colorado more commonly known as Pitkin Countv Jail, 485
Rio Grande Place.
Legal Description and Street Address of Subject Property
The Ap~licant received anprova4 to allow for a 324 square feet addition to house critical data equipment and
com~uter servers located on the north side of the buildin~.
Written Description of the Site Specific Plan and/or Attachment Describing Plan
Grant of an approval of a~ecially Planned Area amendment and Growth Mana~ement Review bv the
City Council and associated ~nrovals via ~rdinance No 5 Series of 2009 Anril 13, 2009.
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
Apri126, 2009
Effective Date of Development Order (Same as date of publication of notice of approval.)
~ri126, 2012
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and
revocation may be pursued in aceordance with Section 26.308.010 of the City of Aspen Municipal Code.)
Issued thi,~ 27th day of April, 2049, by the City of Aspen Community Development
Chn B n, Community Development Director
NOTICE ~F APPROVAL
FOR A SUBDIVISION EXEMPTION PERTAINING A LOT LTNE
ADJUSTMENT TO DISOLVE THE L4T LINE BETWEEN RIO GRANDE
SUBDIVISION LOT 5 AND PITKIN COUNTY CENTER SUBDIVISION LOT l,
LOCATED AT 485 RIO GRANDE PLACE.
Parcel ID (Pitkin County Center) No. 2737-07-3-47-851
Parcel ID (Rio Grande Sabdivision) No. 2737-07-3-06-855
APPLICANT: Pitkin County, Phylis Mattice
REPRESENTATIVE: Stan Clauson Associates, Inc.
SUBJECT & SITE OF APPRUVAL: Pitkin County Jail, located on Pitkin County
Center Subdivision Lot l, at 530 E. Main St., invoIving the approval af Subdivision
Exerr~ption 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 2409, the City of Aspen City Councii approved Growth
Management review and an amendment to the Rio Grande Specially Plaruaed Area (SPA)
for a 324 sq. ft. addition to #he Pitkin County Jail. The addition is intended to house data
equipinent and comguter servers for jail operations.
Ordinance Na. 5 failed to incIude a correction of the Iot line between Rio Grande
Subdivision Lot 5 and Pitkin County Center S.ubdivision Lot 1. The approved location of
the data center placed the facility so that it overlapped anto Lot 5 of the Rio Grande
Subdivision, a condition that cannot be accepted by Building Code regulations.
The Applicant has proposed a lot line adjustrnent 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 Loi l.
STAFF EVALUATION:
This proposal to dissolve a lot line between two separate subdivisions presents a unique
circumstance for Staf£ Typically, this type of application would not fall under the
criterxa for a lot line adjustment or an insubstantial amendment to a deveiopment order.
Under a typicaI 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 lats and easements are being abandoned which is the
standard trigger for a plat vacation. ~
Page t 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 Appticant and the Rio Grande SPA (recorded under Ordinance No. I0,
Series of 1993) have stated that the use of Rio Grande Subdivisian 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 Iocation and ownership of these lots is unique,
especially when a comparison is made to other subdivisions in the Aspen area. One of
the primary xeasons for making this determination is that ea.ch subdivision is owned by a
single entity. The Rio Grande Subdivision Lot 5 and the Pitkin County Center
Subdivisi~n 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 (ot iine qualifies as an
insubstantial approvai and should not require a board review. Staff believes the
cambination 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 af this approval, the Applicant shall record amended plats for both
subdivisians. Also, included with this approval is a letter from the City Manager,
granting approval for the City of Aspen and acknawledging that the Rio Grande
Subdivision is losing a recorded lot.
DECISION:
Staff finds that the Subdivision Exeraption apg[ication provided by the Applicant,
Pitkin County (represented by Stan Clauson Associates, Inc.) shoutd be graated.
The proposal, to merge Ria Grande Subd'rvision Lot 5 and Pitkin Couniy Center
Lot 1, continues to meet the expec#ations of the Specially Planned Area and the
recorded subdivision agreements. A condition of this Appraval requires that the
Appticant record amended subdivision plats for both Rio Grande Subdivision and
Pitkin County Center Subdivision. The Application presented reputable
information regarding the standards in 2b.710.25Q, Public (PUB) Zone District, and
26.480.030.A(1), Subdivision Exemptions - Lot line adjustment.
APPR~VED SY:
~
- ~1 Z~ ~'(~°t
Chris endon Date
Connmunity Development Directar
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 Subdivisian
Page 3of 6
E~r~~7r A
Pitkin County Jail, Subdivision Exemption
REVIEW Cr2ITERIA & STAFF FIIVDINGS:
26.480.030.A(1): Subdivision Exemption - Lot line Ad,justtnent
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 dn a recarded plat of is to permit t~n insubstantial
boundary change betfveen adjacent parcels; and
Staff Findin~:
Staff considers the dissolution of Iot lines to be an insubstantial boundary charige.
The change matches the intention of land when ex,amining ihe SPA overlay,
which states that both lots are intended for County Jail use and jail expansion.
Staff finds this criterion to be met.
b. Al! landowners whose lot lines are being adjusted shall provide
written consent to ihe application; and
Staff Findin~:
The App~icant, Pitkin Caunty, is the owner of both the tots being considered.
Their written approval has been included with #he application. In addition, Staff
has included a le#ter the City Manager, granting approval and acknowledging the
toss of a lot in the Rio Grande Subdivision. Staff finds this criterion to be met.
c. The corrected plat will meet the sfandards of this chapter, and
conform to the requirements of this title, including the dimensional
requirements of the zone district in which the lats are Cocated, except
in cases of an existirtg nonconformir~g lot, in which the adjustment
shafl not increase the nonconformity of the lo~ The plat sha~l be
submittecl and recorded in the offcce of the Pitkin County Clerk and
Recorder. F'ailure to recard the plat within a period of one hundr~ed
eighty {180) days followdng approval shall render the plat invalid and
reconsideration of the plat by the Community Development Director
witl be required hefore its acceptance and recordir~g; and
Staff Findin~: .
Staff finds that plat amendment meets the standards of Chapter 25.480,
Subdivision and all other requirements of Title 26 and the dimensional
requirements of the zane district. Staff finds this criterion to be met.
Page 4of 6
t~ 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 !ot for resale or devetopment. A plat note wil! 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 Findin~:
The dissolution of lot lines involves lots within an Sl'A overlay. The recorded
SPA requirements determine the allowable fioor area of the property. Therefore,
this lot line adjustment shall not affect any of the approved floor area allotments
far 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
1 .
November 24, 2409
~r;
, ~~y, ~
Chris Bendon ,
Community Development ASr~v/P~ricllv
130 S. G31ena Sti'e~t CoMMUxrrr DevE~or+.++Fxr Daenxrn+errr "
Aspen, CO 81891 ~ ,
RE: Application for Subdivision Exemption 1 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 #hat the
dissolution of Eat fines between Rio Grande Subdivision Lot 5 and Pitkin C.ounty Center Lot 1 is _
appropriate and can be handled administratively. .
This letter shall serve as consent from the City of Aspe~n for tfie abandonment of a lot within the Rio
Grande Subdivision. Before receiving a development arder, the Applicant is required to record amended
plats for both subdivisions involved. . ~ . ,
Please contact Drew Alexander at 970.429.2739 or dr~w.alexander .ci.aspen.co.us if you have any
,questioris. ~ ,
,
Cheers,
~~.
.'5~~~"~
Steve Barwick
City Manager, City of Aspen
cc: Chris Bendon
Drew Alexander
13O SOUI'H GALENA S'FREEf • ASP&~!~ Co~oeaoo 81611-1975 • PHO~e 970.920:5090 • Fnx 970.420.5439
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