HomeMy WebLinkAboutBOCC Packet 07262010 LUC Open SpaceMEMORANDUM
TO: Board of County Commissioners
Regular Meeting — July 28, 2010
THROUGH: Cindy Houben, Community Development Director
FROM: Lance Clad, Assistant Director
SUBJECT: Proposed Land Use Code Amendment: Section 2-30-30 (h) (4) Subdivision
Exemption for Open Space Parcels
SUMMARY/ BACKGROUND: In 2002, the Land Use Code was amended to create a provision
for a subdivision exemption for the creation of parcels for essential community facilities and open
space. The concept was to facilitate the creation of parcels for public purposes and open space by
minimizing the process (subject to BOCC review), and by allowing the creation of parcels smaller
than the minimum size allowed in the zone district (non -conforming parcels).
The primary purpose at the time was to allow a private property owner to "carve off' a portion of a
parcel and sell or give it to the County for open space purposes with a minimum of process, time,
and expense. The exemption has been used successfully several times in this manner.
The provision was transferred to the "new Code" in 2006 without any significant changes. It has
been on the "code amendment hit list" for some time to clarify that it can be used to create non-
conforming parcels, and to add some standards.
In February, staff brought a proposed amendment to the BOCC to potentially allow the use of the
exemption by a private property owner to separate an existing parcel in to a "development parcel"
and an "open space parcel", with no conveyance of the open space parcel to the public. It was
thought this might be acceptable under some circumstances, and there was a private application
from a Sopris Mountain Ranch property to do this. The BOCC determined not to approve the use of
this section for a private open space parcel and directed staff to redraft the proposed Code
amendment to clarify that it is limited to public open space purposes. That redraft is what is before
the P&Z. This language has been reviewed and approved by the County Attorney and Open Space
and Trails Director.
Staff has added provisions to insure that it is clear that the approval of an exemption is discretionary
by the BOCC; that a non -conforming parcel can be created; and that there shall be a significant
public benefit to the creation of any open space parcel.
APPLICANT: Community Development Department
P&Z ACTION: The P&Z recommended approval of the Code amendment on June 15, 2010.
RECOMMENDATION: Staff recommends that the BOCC adopt a motion approving the
proposed amendments to Section 2-30-30 (H) (4) on first reading and setting second reading for
August 11, 2010.
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, AMENDING TITLE 8 OF THE PITKIN COUNTY CODE, SPECIFICALLY
THE 2006 LAND USE CODE, AMENDING SECTION 2-30-30 (h) (4), SUBDIVISION
EXEMPTION FOR OPEN SPACE PARCELS
Ordinance No. - 2010
RECITALS
1. Pitkin County Community Development Staff has initiated a Land Use Code amendment to
amend the Pitkin County Land Use Code (PCLUC) in an effort to expand and clarify the
provision which provides a subdivision exemption for community and public facilities or open
space. The amendment is made to the following section:
Chapter 2
EXHIBIT A — Amended Section 2-30-30 (h) (4), Subdivision Exemption to Create Parcels for
Community and Public Facilities or Open Space.
2. The Planning and Zoning Commission reviewed the proposed amendment at a regularly
scheduled meeting on June 15, 2010. The Commission voted 3-0 to recommend approval to the
BOCC in favor of the proposed code amendment.
3. The BOCC reviewed the application at 15' Reading at a duly noticed public hearing on July 28,
2010, and at a duly noticed public meeting on August 11, 2010. Evidence and testimony were
presented with respect to this amendment.
4. The BOCC finds that this Code Amendment is consistent with Pitkin County's goals and policies
regarding land use and development in the County.
5. The BOCC further finds that the amendment to the Code is consistent with County
Comprehensive Plans and in compliance with Section 2-40-10.
NOW, THEREFORE, BE IT ORDAINED by the Pitkin County Board of County
Commissioners that it hereby amends Section 2-30-30 (h) (4) of the 2006 Pitkin County Land Use Code,
as set forth in Exhibit A.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 1 l th day ofJuly, 2010.
INTRODUCED ON FIRST READING AT A PUBLIC HEARING on the 28th day ofJuly, 2010.
APPROVED AND ADOPTED ON SECOND READING AT A PUBLIC MEETING on the 11 `h day
of August, 2010
PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES on the day of 2010.
Ordinance No. 2010
Page 2
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Jeanette Jones
Deputy Clerk
George Newman
Chair
Date:
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely,
County Attorney
Cindy Houben,
Community Development Director
lancec/docs/code amendment open space exemption ord 2.doc
CHAPTER 2: REVIEW AND APPROVAL PROCEDURES
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EXHIBIT A
2-30-30(h)(4) A subdivision exemption to create parcels for community and public facilities
or public open space shall be permitted at the discretion of the BOCC subject to compliance
with standards in this section.
(a) The subdivision of land for community and public facilities and for creation of open
space, including parcels for conveyance to Pitkin County for public
purposes, is exempt from subdivision subject to compliance with the standards in Sec.
6-30-120.
(b) This subdivision exemption may be utilized on an existing non -conforming sized lot or
parcel and it may also result in the creation of a non -conforming sized lot or parcel.
cel cr ate �Rgm thr^u h
ed -b
3evelewen-t D4 e
t euvelep+eet-and--s d+vision;_.-T ►e- covenant shall spec+fy�e e eel
snafl--net-be-der eyes separ�tely-from then shall pafeehat-4 ce cc^veyed to Pitkin
County-ai-P4tk. .
(4)(c) Any open space parcel created through this section shall yield a significant public
benefit in terms of public outdoor recreation, and/or the protection of wildlife habitat,
and/or the preservation of open space, and/or the scenic enjoyment of the public, and/
or the preservation of an historically important land area.-, and/or public access to public
lands.
o o en c aee n eel h II of be to I t
property owner's property tax liability.
{f)(d) An applicant shall be required to prepare and record with the County Clerk and
Recorder a subdivision and --exemption plat approved by the Community Development
Director meeting the requirements of Pitkin County Land Use Application Manual.
(g)(e) For applications that comply with applicable criteria, a GMQS exemption is
available pursuant to Sec. 6-30-120.
Land Use Code
July 2006
Pitkin County, Colorado
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