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HomeMy WebLinkAboutresolution.council.080-08RESOLUTION N0. 80 (SERIES OF 2008) A RESOLUTION OF THE ASPEN CITY COUNCIL CONFIRMING THE "LIFT ONE NEIGHBORHOOD MASTER PLAN" ELIGIBLE AS A PROJECT REASONABLY NECESSARY FOR THE CONVENIENCE AND WELFARE OF THE PUBLIC (COWOP) AND UPDATING THE LEGAL DESCRIPTIONS OF ELIGIBLE PROPERTY WITHIN THE MASTER PLAN. WHEREAS, the Community Development Department received a completed application from Aspen Land Fund II, also known as Centurion Partners, LLC; Roaring Fork Mountain Lodge -Aspen; the Aspen Skiing Company; and, the Aspen City Manager, for a determination of eligibility for a project, known as the Lift One Neighborhood Master Plan, reasonably necessary for the convenience and welfare of the public (COWOP) for a redevelopment of lands, owned by the above mentioned parties, for the purpose of providing or improving the provision of lift-served skiing access to Aspen Mountain, pedestrian, vehicular and emergency vehicle access to properties along South Aspen Street, non-traditional energy sources such as ground source energy system, recreational facilities, a museum focused on the evolution of skiing in Aspen, public pazking, and commercial, lodging, free-market residential, and affordable residential land uses; and, WHEREAS, the City of Aspen City Council adopted Resolution No. 13, Series of 2008, determining the Lift One Neighborhood Master Plan reasonably necessary for the convenience and welfare of the public (COWOP) review process; and, WHEREAS, the legal descriptions of the lands subject to this review have been updated and aze attached as Exhibit A and are generally described as lands on both sides of South Aspen Street south of Dean Street, excluding the Shadow Mountain Townhomes; and, WHEREAS, pursuant to Chapter 26.500 of the Land Use Code, the City Council may make updates or adjustments to a proposed development determined reasonably necessary for the convenience and welfare of the public during a duly noticed public hearing after taking and considering comments from the genera] public, and a recommendation from the Community Development Director; and, WHEREAS, the Aspen City Council has reviewed and considered the Lift One Neighborhood Master Plan eligibility confirmation and updated descriptions of the land within the master plan under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the findings of Resolution No. 13, Series of 2008, aze unchanged with the updated legal descriptions and the project shall continue to be reviewed as a project reasonably necessazy for the convenience and welfare of the public (COWOP); and, Aspen City Council Resolution No. 80, Series of 2008 Confirming COWOP Eligibility and Updating Legal Descriptions for Lift One Neighborhood Master Plan -Page l WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1- Eligibility Confirmation Pursuant to Section 26.500.040 of the Land Use Code, the Lift One Neighborhood Master Plan, as described in Resolution No. 13 Series of 2008 and with updated property descriptions, continues to be reasonably necessary for the Convenience and Welfare of the Public and eligible for the COWOP review process. Section 2 -Updated Legal Descriptions The updated legal descriptions of the lands attached as Exhibit A. subject to the COWOP review process are Section 3 -Progress of Master Plan Task Force The progress of the Lift One Neighborhood Master Plan Task Force Team, as documented by the project binder on file with the Community Development Department and the project web site located at httn'//www aspenpitkin com/depts/41/IiftoneMP.cfin, shall be incorporated into the continuing work of the task force. Section 4 -Resolution No. 13. Series of 2008 Together with the updated legal descriptions attached hereto, all aspects of Resolution No. 13, Series of 2008, shall remain in full force and effect. FINALLY, adopted, passed and approved this ZS `h day of U.d-`~- , 2008. Attest: Kathryn S. K t, City Clerk Michael .Ireland, Mayor. Approved as to form: /'~ L D~ o orcester, City Attorney Exhibit A -Updated legal descriptions of lands within the Lift One Neighborhood Master Plan review process. Aspen City Council Resolution No. 80, Series of 2008 ConFrming COWOP Eligibility and Updating Legal Descriptions for Lift One Neighborhood Master Plan -Page 2 Resolution No. 80, Series of 2008 Exhibit A -Legal Descriptions A. Property of Aspen Land Fund II, LLC South Aspen Street Subdivision/Planned Unit Development Lots 1, 2, and 3, as described on the plat thereof recorded Apri127, 2007 with the Pitkin County Clerk and recorder as reception number 537080 in Book 83, Page 50. B. Property of Aspen Skiing Company 1. Land Under Contract with Roazing Fork Mountain Lodge -Aspen, LLC which is included in the Lift One Lodge Application: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14, Block 10, and Lots 1, 2, 3, 4, 5, 6 and 7, Block 12, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, TOGETHER WITH an easement and right of way for the construction, erection, operation and maintenance of a cable ski chair lift, as created, defined and established by Easement Agreement between the Board of County Commissioners of the County of Pitkin and Friedl Pfeifer recorded October 24, 1962, in Book 199 at Page 489, and, TOGETHER WITH an easement and right of way for skiing purposes, as created, defined and established by Easement Agreement by and between the City of Aspen and Aspen Skiing Corporation recorded October 17, 1969, in Book 244 at Page 31, and TOGETHER WITH that portion of the alleyway for Block 10 vacated in Book 259 at Page 83. 2. Land Area to the South of the Lift One Lodge Site: That property owned by the Aspen Skiing Company extending south from Block 12, Eames Addition to the City and Townsite of Aspen, to the Aspen City limits. C. Property of Roaring Fork Mountain Lodge -Aspen, LLC Lots 12, 13 and 14, Block 8, together with that portion of the alley in Block 8 abutting said lots, Eames Addition to the City and Townsite of Aspen, Eames Addition, City and Townsite of Aspen (Skiers Chalet Steakhouse); Lots 5, 6, 7, 8, 9 and 10, Block 9, together with Lots 4 and 11, Block 9, less the west 22 feet thereof, Eames Addition to the City and Townsite of Aspen, and that portion of the alley in said Block 9 vacated by the City of Aspen in Ordinance No. 4, Series of 2006, recorded April 11, 2006 under Reception No. 522845 (Skiers Chalet Lodge); and Lots 1, 2, 13 and 14, Block 9, Eames Addition to the City and Townsite of Aspen, together with that portion of the vacated alley between Lots 1 and 14 and the west 20 feet of the vacated alley between Lots 2 and 13, Block 9, Eames Addition to the City and Townsite of Aspen (Holland House). Aspen City Council Resolution No. 80, Series of 2008 Confirming COWOP Eligibility and Updating Legal Descriptions for Lifr One Neighborhood Master Plan -Page 3 D. Property owned or maintained by the City of Aspen. Willoughby Park: Lots 1-14, Block 7 and Lots 1-3, Block 8 Eames Addition, City and Townsite of Aspen, and that portion of Juan Street east of South Aspen Street between Blocks 7 and 8, Eames Addition, City and Townsite of Aspen and that portion of the alley in Block 8 adjacent to Lots 1, 2, and 3 Block 8, Eames Addition, City and Townsite of Aspen. Lift One Park: Lots 3 and 12 Block 9 and the western 22 feet of Lots 4 and 11, Block 9 Eames Addition, City and Townsite of Aspen. Public rights-of--way: • South Aspen Street south of Durant Avenue. • All unvacated portions of Dean Street west of Monarch Street. • Juan Street between South Aspen Street and Garmisch Street. • The alleyway between Lots 1, 2 and 3 and Lots 12, 13, and 14, Block 8, Eames Addition, City and Townsite of Aspen (unopened). • Garmisch Street from Juan Street to Durant Avenue. • Gilbert Street west of Monarch Street. • Hill Street west of Monarch Street (unopened). • Summit Street west of Monarch Street (unopened). • A one-block section of alleyway between Hill Street and Summit Street east of South Aspen Street (unopened). • A one-block section of alleyway south of Summit Street east of South Aspen Street (unopened). Aspen City Council Resolution No. 80, Series of 2008 Confirming COWOP Eligibility and Updating Legal Descriptions for Lift One Neighborhood Master Plan -Page 4