5 - Motion to approve an amendment to the Lynch Open Space conservation easement CITY OF BOULDER
OPEN SPACE BOARD OF TRUSTEES AGENDA ITEM
MEETING DATE: January 14, 2409
AGENDA TITLE: Consideration of a motion to approve an amendment to the Lynch Open
Space consen%ation easement.
PRESENTERiS: Open Space and Mountain Parks
Michael D. Patton, Director
Ann Goodhart, Division A~Ianager, Real Estate Services
James S. Schmidt, Property Agent
EXECUTIVE SUMMARY:
The Lynch Open Space properly was a joint purchase with Boulcler County wherein the county
received the fee title and the city of Boulder received the conservation easement interest. The county's
subsequent request to sell the fee simple and have a conservation easement granted by the new owners
to both the county and the city was approved by the Open Space Board of Trustees {OSBT) on August
27, 2448 and by the City Council on October 7, 2408. At the time the memoranda for those agenda
items were written it was thought that the new conservation easement would simply be an additional
layer of protection to the existing restrictions on the existing city of Boulder's conservation easement.
In drafting the new conservation easement the attorneys for the city of Boulder and Boulder County
decided that it would be more correct to have the new conservation easement "...amend and
restate..." the existing conservation easement.
The Open Space Board of Trustee's Conservation Amendment Policy allows OSBT to amend an
existing conservation easement where there is an increase in the level of protection and also where
there is an increase in the amount of land to be protected under the conservation easement. The new
conservation easement to be granted by the new fee owners does, in fact, both increase the acreage by
another 10 acres and increases the level of protection by limiting the size and number of agricultural
structures allowed on the land to one new barn and defines and limits where this structure may be
erected.
STAFF RECOMMENDATION:
Staff requests Board consideration of this matter and action in the farm of the following motion:
Motion to approve the amendment to the existing Lynch conservation easement.
COMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTS:
• Environmental: Open Space and Mountain Parks is a significant community-supported
program that is recognized worldwide as a leader in preservation of open space lands
contributing to the environmental sustainability goal of the City Council. The department's
land acquisition, land and resource management and visitor service programs help preserve
and protect the Open Space values of the surrounding publicly-owned lands.
• Economic: Open Space and Mountain Parks contributes to the economic vitality goal of the
city as it provides the context for the diverse and vibrant economic system that sustains
services for residents. The land system and the quality of life it represents attract visitors and
help businesses to recruit and retain quality employees.
• Social: Because Open Space and Mountain Parks lands, facilities and programs are equally
accessible to members of all classes they help to support the city's community sustainability
AGENDA ITEM # PAGE 1
goal because all residents "wha live in Boulder can feel a part of and thrive in" this aspect of
their community.
OTHER IMPACTS:
• Fiscal: the sale of the fee interest in the Lynch Open Space will generate $75,000 of income
for the Open Space Fund.
• Staff time: normal staff time has been expended on this matter.
BOARD AND COMMISSION FEEDBACK:
This matter was heard by and approved unanimously by the Open Space Board of Trustees at its
August 27, 2008 meeting. It was also heard by and approved unanimously by the City Council at its
October 7, 2008 meeting. This agenda item was advertised in the Daily Camera on January 11, 2009.
PUBLIC FEEDBACK:
There were no public comments on this matter when it was heard by either the Open Space Board of
Trustees or by City Council.
ANALYSIS:
The existing conservation easement on the jointly purchased Lynch Open Space covered a 25-acre
tract of land. When this property is sold to the Longseths, the Longseths will grant the amended
conservation easement on not only the 25-acre Lynch property, but over their contiguous 10-acre
property as well. Thus, the amended conservation easement will cover a larger area. Additionally, the
existing conservation easement permits any number of agricultural structures to be erected on the
Lynch parcel; whereas the amended conservation easement will restrict the agricultural structures to
one new barn, not to exceed 5,000 square feet in size and locates this barn within a building em~elope
established for the combined 35-acre parcel. The amended conservation easement additionally limits
the size of the residence on the Longseth property to not mare than 4,500 square feet above grade.
The Open Space Baard of Trustees Conservation Easement Amendment Policy provides guidance for
changes that the Board may approve. These changes will generally be to increase the level of
protection, add acreage, or enhance the conservation values of the conservation easement. All of these
criteria are met by this amendment.
Submitted bv:
Michael D. Patton, Director
Ann Gaodhart, Division Manager, Real Estate Services
James S. Schmidt, Property Agent
ATTACHMENTS:
A. Vicinity Map
B. Location Map
AGENDA ITEM # PAGE 2
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