HomeMy WebLinkAbout20070808molliegibsonpark
MEMORANDUM
TO:
THRU:
Board of County Commissioners
Regular Meeting - August 8, 2007 (continued from July 25)
Cindy Houb~~~ity Development Director
FROM:
Lance Clarke, Assistant Director
RE:
Public Hearing-Mollie Gibson Park Parcel Subdivision Exemption for Park IOpen Space
Parcel
REQUEST: The Applicant requests approval to subdivide the 7.92 acre Mollie Gibson Park Parcel 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.
LANDOWNER! APPLICANT: Pitkin County
REPRESENTATIVE: Alan Richman
LOCA nON: Mollie Gibson Park, base of Smuggler Mountain Road.
ZONING: The property is zoned R-15 and contains approximately 7.92 acres.
BACKGROUND: The Mollie Gibson Park parcel is owned by Pitkin County. The intent is to subdivide
off a small portion of the "greater" park parcel for conveyance to a private party. The 1.76 acre piece to be
subdivided is on the south side of Smuggler Mountain Road, along the private Sesame Street, and is not part
ofthe developed park area. The remainder park parcel will be deed restricted as open space.
PROCESS: A Subdivision Exemption to create an open space parcel is a one-step process with review by
the BOCC.
STAFF COMMENTS:
SUBDIVISION EXEMPTION FOR CREATION OF AN OPEN SPACE PARCEL (SECTION 2-30-30);
Section 2-30-30 (h) of the Land Use Code provides an exemption from subdivision for the creation of
parcels for community or public facilities or open space subject to compliance with the following
standards.
(a) The subdivision of landfor community and publicfacilities and open space, including parcels for
conveyance to public entities for public purposes, is exempt from subdivision subject to
compliance with the standards in Sec. 6-30-120.
Response: The County -Qwned, developed Mollie Gibson Park (new Lot 2) will be deed restricted as
open space. See below for response to 6-30-]20.
(b) An applicant will be required to prepare and record with the County Clerk and Recorder a
subdivision exemption plat approved by the Community Development Director meeting the requirements
of the Pitkin County Land Use Application Manual.
Response: A draft plat has been submitted.
(c) For applications that comply with applicable criteria, a GMQS exemption is available pursuant to
Sec. 6-30-120.
Response: No development is contemplated on the park parcel to be deed restricted. The GM exemption is
not required.
SECTION 6-30-120:
This Section allows a newly created community or public facility or open space parcel to be exempt from
GMQS. There is no intent to develop the park parcel in any way that would require a GMQS exemption.
RECOMMENDA nON: Staff recommends that the BOCC adopt a "motion to approve the Mollie
Gibson Park Parcel Subdivision Exemption, subject to the attached Resolution."
Application provided separately
lancec/cases/moily gibson open space sub memo.doc
2
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, APPROVING THE MOLLIE GffiSON PARCEL SUBDMSION
EXEMPTION FOR OPEN SP ACE PARCELS
Resolution No. _-2007
RECITALS
1. Pitkin County, ("Applicant") has applied to the Board of County Commissioners of Pitkin County,
Colorado ("BOCC") to subdivide the 7.92 acre Mollie Gibson Park parcel in to a 6.16 park parcel to be deed
restricted to open space and a remainder 1.76 acre parcel.
2. The property is zoned R-15 and contains approximately 7.92 acres.
3. The property is located at the base of Smuggler Mountain and is described in Exhibit A.
4. The BOCC reviewed the application at a duly noticed continued public hearing on August 8, 2007, at
which time evidence and testimony were presented with respect to this application.
5. The BOCC finds that the application is consistent with the applicable provisions of the Pitkin County
Land Use Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin
County, Colorado, that it does hereby approve the Mollie Gibson Park Parcel Subdivision Exemption for
open space parcels, subject to the following conditions, which shall run with the land and be binding on all
successors in interest:
1. The applicant shall submit a Subdivision Exemption Plat to the Community Development
Department for approval and recording, within 180 days of approval. The plat shall also be
submitted in digital format for integration into the County's GIS system.
2. The 6.16 acre parcel that will remain as the park area shall be deed restricted to open space
purposes at the time of recordation of the Subdivision Exemption Plat.
3. The 1.76 acre development parcel shall be deed restricted to ultimate development of no more
than one single family home or one single duplex building at the time of recordation of the
Subdivision Exemption Plat.
4. The Applicant shall adhere to all conditions and material representations made in the application
and public meetings except as amended herein.
PUBLISHED IN THE ASPEN TIMES on the 27th day of May, 2007.
APPROVED AND ADOPTED this 8th day of July, 2007.
--
Resolution No. -2007
Page 2
ATTEST:
Jeanette Jones, Clerk to the BOCC
APPROVED AS TO FORM:
John Ely, County Attorney
273707400856
P051-07
lancec/cases/molly gibson reso.doc
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By
Michael Owsley, Chair
Date
APPROVED AS TO CONTENT:
~A~ CO~.~p ~vC\L-
Ci y ouben,
Community Development Director