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HomeMy WebLinkAbout20071128molliegibsonMEMORANllUM TO: Board of County Commissioners Regular Meeti~ng~'-November 28, 2007 (continued from November 14, 2007) THRU: Cindy Houben" , ~om~munity~Development Director FROM: Lance Clarke, Assistant Director RE: Public Hearing-Mollie Gibson Park Parcel Subdivision Exemption for Park /Open Space Parcel REQUEST: The Applicant requests approval to subdivide the 7.92 acre Mollie Gibson Park Parcel in to two parcels 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 for development purposes. LANDOWNER/ APPLICANT: Pitkin County REPRESENTATIVE: Alan Richman LOCATION: 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 use the open space subdivision exemption provision 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 of the developed park area. The remainder park parcel would then be deed restricted as open space. NEW REQUEST: The Applicant has requested that the application be amended to not create a new parcel through a subdivision exemption for an open space parcel as provided in the Land Use Code, but through a Subdivision exemption pursuant to Colorado Revised Statutes 30-28-101 (10) (d) (see attached letter from Curtis Sanders, November 14, 2007). 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 land for community and public facilities 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 -owned, developed Mollie Gibson Park (new Lot 2) will be deed restricted as open space, See below far response to 6-30-120. The usual purpose of this subdivision exemption provision is to separate off an open space or park parcel from a development parcel. This is a different approach in that it is proposed that a development parcel be separated off from an existing "park" parcel. The Mollie Gibson parcel does not appear to be deed restricted or otherwise explicitly limited to park purposes, but its use and history has been as a "park" and open space. (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. SUBDIVISION EXEMPTION PER COLORADO STATUTES: This is a discretionary action on the part of the Board. BACKGROiJND ON PARK PARCEL: This item has been continued since June to allow the County Attorney's Office to do research on the title and the history of the Mollie Gibson parcel, its origin and any possible encumbrances. This significant work has been shared with Staff. It does not appear to Staff that there is an "explicit" restriction on the parcel that limits the use of the parcel to park purposes, but the record clearly indicates, in Staff's opinion, that there was "intent" that this parcel would be utilized for park purposes. It even appears that there was a commitment that the property was to be deed restricted to park purposes and that it just "fell through the cracks", and no responsible party carried through with the restriction. Given this information, Staff is not comfortable recommending approval of separating off a development parcel from the larger Mollie Gibson parcel through this subdivision exemption for open space purposes. RECOMMENDATION: Staff recommends that the BOCC adopt a "motion to deny the Mollie Gibson Park Parcel Subdivision Exemption, subject to the attached Resolution." 2 Application provided separately and previously lancec/cases/molly gibson open space sub memo deny .doc RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, DENYING THE MOLLIE GIBBON PARCEL SUBDIVISION EXEMPTION FOR OPEN SPACE PARCELS AND/OR SUBDIVISION EXEMPTION UNDER COLORADO STATUTES Resolution No. -2007 RECITALS 1. Pitkin County, ("Applicant") has applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") for an open space subdivision exemption 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 development parcel. The Applicant subsequently amended the application to request a subdivision exemption under Colorado revised Statutes 30-28-101 (10) (d). 2. The properly 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 November 28, 2007, at which time evidence and testimony were presented with respect to this application. 5. The BOCC finds that the application is not consistent with the applicable subdivision exemption provisions of the Pitkin County Land Use Code. 6. The BOCC finds that the application for a subdivision exemption pursuant to C.R.S. 30-28-101 (10) (d) is not appropriate. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado, that it does hereby deny the Mollie Gibson Park Parcel Subdivision Exemption for Open Space Parcels and subdivision exemption pursuant to Colorado Revised Statutes. PUBLISHED IN THE ASPEN TIMES on the 27`~ day of May, 2007. RESOLUTION APPROVED AND ADOPTED DENYING THIS REQUEST on this 28h day of November, 2007. Resolution No. _-2007 Page 2 ATTEST: Jeanette Jones, Clerk to the BOCC APPROVED AS TO FORM: John Ely, County Attorney 273707400856 PO51-07 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By Date Michael Owsley, Chair APPROVED AS TO CONTENT: C Ci y ouben, Community Development Director lancet/cases/molly gibson reso deny.doc KRABACHER i SANDERS Pc. ATTORNEYS MJO COUNScLORS AT LAW Curtis B. Sanders csanders~krabacher.com B.Joseph Krabacher Curtis B, Sanders Jennifer M. Causing" Diana G. Fillings, Robert S. Hoover' David T. Haiiey ^NSOaMY1WGM N«v MWf p+[flllw br y ' ad., mMM1Bd a. fA„ea Jerome Professbnal BuHdu~g 201 N. MILL STREET, SUfTE 201 ASPEN, COLORADO 81617-1557 T(970} 925.6300 F(970} 925-1161 emaiUrntemet address: krabacherG'krabacher.com Legal Assistants; Cheryl M. Neiberger Shayn D. McFadantl November 14, 2007 Christopher Seldin Assistant County Attorney Courthouse Plaza 530 E. Main Street, 3rd Floor Aspen, Colorado 81711 Re: Alain Degraeve; Mollie Gibson Holdings, LLC Dear Chris: I am writing on behalf of my clients, Alain Degraeve and Mollie Gibson Holdings, LLC, in connection with the January 18, 2007 Contract to Buy and Sell Real Estate (the "Contract") entered into between Pitkin County, Colorado as seller and Mollie Gibson Holdings, LLC as buyer, for certain metes and bounds property described therein. As you know, pursuant to the Contract, on April 16, 2007, Pitkin County previously arranged for Alan Richman's filing of a land use application providing for the creation of the property described in the Contract. The basis for this subdivision application was the creation of an "open space" parcel, pursuant to Section 2-30-30.h.4 of the Pitkin County Land Use Code. As you are also aware, at last month's hearing with the Board of County Commissioners, it was recognized by both you as the Applicant's representative and by the Commissioners that Section 2-30-30.h.4 was likely not an appropriate basis for seeking the creation of the subject property. Accordingly, Mr. Degraeve and Mollie Gibson Holdings, LLC respectfully request that Alan Richman's April 16, 2007 Subdivision Application be immediately amended to provide that the basis for Pitkin County's conveyance of the subject property is pursuant to a subdivision exemption under C.R.S. 30-28- 101(10)(d) As we have previously discussed, Pitkin County employed this statutory provision when it approved the conveyance of a portion of the very same property to the City of Aspen pursuant to Ordinance 98-26 ("An Ordnance of the Board of County Commissioners of Pitkin County, Colorado Authorizing the Chair to Execute a Quit C.Zaim Deed, Granting a Portion of the Mo.Zlie Gibson Parcel to the City of Aspen"}. Although, for whatever {oolzozsz.boc i z} reason, Pitkin County never effected the conveyance of the lands to the City of Aspen described in this Ordinance, the legal basis for this Ordinance is sound. In light of this request, I further request that the Board of County Commissioners continue its review of Mr. Richman's April 16, 2007 Subdivision Application until the Subdivision Application is amended as requested herein, and the Board of County Commissioners has had opportunity to fully consider this matter. Please call me with any questions. Very truly yours, KRA HER & SANDERS, P.C., a Profes Tonal Corporation 1~~~is `Sanders cc: Alain Degraeve Lance Clarke 2870.28~1Seldin.03 t oo ~ zo2s2. ooc i i } 2