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HomeMy WebLinkAboutresolution.council.021-02 RESOLUTIONN0 ,{ (SERIES OF 2002) A RESOLUTION OF THE ASPEN CITY COUNCIL DETERMINING THE ELIGIBILITY OF DEVELOPMENT REASONABLY NECESSARY FOR THE CONVENIENCE AND WELFARE OF THE PUBLIC (COWOP), TO BE KNOWN AS "THE OBERMEYER COWOP," ON PROPERTY OWNED BY THE CITY OF ASPEN, OBERMEYER PLACE EAST, LLC, MARGARET H. OBERMEYER, ASPEN COMMONS, LLC, KLAUS F. OBERMEYER, ROBERT ZUPANCIS, GAILEN SMITH, BILL MURPHY, AND INCLUDING THE EAST BLEEKER STREET RIGHT-OF-WAY BETWEEN RIO GRANDE PLACE AND SPRING STREET ALL WITHIN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received a completed application from Obermeyer Place East, LLC, Margaret H. Obermeyer, Aspen Commons, LLC, as owners along with Klans F. Obermeyer,, with consent from George Murphy, Robert Zupancis, Gailen Smith, and the Aspen City Manager, for a determination of eligibility for development 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 service-oriented commercial space, underground parking to serve the project, municipal needs, and remote parking for infill residential development, free-market housing, affordable housing, possible City and/or County government office space; and, WHEREAS, the property includes all land between East Bleeker Street and Rio Grande Place and all land bordering East Bleeker Street between Spring Street and Rio Grande Place and more precisely includes: a tract of land in the East Aspen Townsite Addition, according to the plat thereof recorded as Document No. 108453 of the records of Pitkin County, identified as Parcel No. 2737.073.24.003 according to the Pitkin County Assessor and known as 540 East Main Street, Gignoux-Lynch Subdivision Lots 1 and 2, Lots 6, 7, 8, and 9, Block 20, East Aspen Addition, Lots 6, 7, 8, and 9 Rio Grande Subdivision, a portion or land identified as Parcel No. 2737.073.00.040 according to the Pitkin County Assessor and known as 600 East Bleeker Street, a portion of land identified as Parcel No. 2737.073.00.041 according to the Pitkin County Assessor and known as 530 East Bleeker Street, and the portion of East Bleeker Street right-of-way between Spring Street and Rio Grande Place all within the City of Aspen. WHEREAS, changing the disposition of certain city-owned lands within the project area may require a public vote; and, WHEREAS, pursuant to Section 26.500.050 of the Land Use Code, the City Council may make a determination whether a proposed development is reasonably necessary for the convenience and welfare of the public by applying the standards of Section 26.500.040 during a duly noticed public hearing after taking and considering comments from the general public, and a recommendation from the Community Development Director; and, WHEREAS, the Community Development Director determined that the proposed development may be eligible for consideration as a project reasonably necessary for the convenience or welfare of the public, and notified in writing the Pla~'mg and Zoning Commission, the Historic Preservation Commission, and the Aspen/Pitkin County Housing Authority the date of the public hearing before the City Council at which time a determination is to be made concerning eligibility of the proposed development; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal 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 development proposal meets or exceeds the Standards for Determination, Section 26.500.040, for the following reasons: 1. The project could provide parking in excess of its own needs and such excess parking could serve municipal needs and/or function as remote parking for infill affordable housing development within the City of Aspen. 2. Portions of the subject property are owned by the City of Aspen and a unified agreement could permit a more logical disposition of those properties; 3. Service-oriented business retention, improvement and/or expansion of the space available for such businesses, and affordable housing are stated community goals that could be addressed through a redevelopment of this area. 4. The project stands to be of higher quality through utilizing an interactive and multidisciplinary approach with a diverse COWOP task team, including neighbors of the project and persons with special interest in the property and its development. 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 Pursuant to Section 26.500.040 of the Land Use Code, the Obermeyer COWOP project, as described herein, is determined to be eligible development necessary for the Convenience and Welfare of the Public. Section 2 Pursuant to Section 26.500.050(B)(b), the procedure and standards for review of the project shall be: Process: 1. Task Force Team convenes and establishes its role, meeting schedule, meeting procedural protocol and meeting roles for the conduct of business of the Obermeyer COWOP Task Force Team. 2. Task Force Team Chair and Staff shall be the City's Director of Community Development. 3. Property owners shall be represent themselves or designate a representative. 4. Task Fome Team shall develop the Program Description (quantitative elements and broad urban design elements, including the contextual relationship of the project to surrounding properties). 5. City develops a financial plan for public portion of project. 6. Community Development and Interdepartmental Technical Staff Review. 7. Task Force Team conducts project development and review. Task Force Team and Staff provide a recommendation to City Council. 8. Formal final approval decision shall be the responsibility of City Council and shall require adoption of an Ordinance. City Council may, by resolution, determine the project no longer qualifies for the COWOP process, at any time, and discontinue the COWOP Task Force Team. Standards: 1. Section 26.445.050, Review Standards: Planned Unit Development. 2. Section 26.310 Amendments to the Land Use Code and Official Zone District Map. 3. Section 26.415, Development Involving Historic Resources shall be considered if determined necessary during project review. Any development affecting a historic resource shall be required to comply with this section, beyond any decision reached in the COWOP review. 4. Section 26.470, Growth Management, to the extent determined necessary during project review. It is expected that commercial, affordable housing, and free-market housing allotments will not require an additional review beyond the COWOP review. It is expected that the commercial employee generation schedule and standards for threshold scoring will be consulted and inform the project. 5. Section 26.480, Subdivision, if determined to be necessary during project development and review. 6. Any necessary technical design standards of utility providers shall be considered and the COWOP decision shall not supercede any non-city utility provider. 7. The Aspen Area Community Plan shall be considered a policy guide and the final recommendation shall include an analysis of conformance with this adopted plan. 8. The City of Aspen Infill Report and the City of Aspen Civic Master Plan Phase One report shall be referenced as policy guides but shall not be considered binding. The final recommendation shall include an analysis of the project in relation to these two documents. Section 3 Pursuant to Section 26.500.050(B)(c), the Task Force Team to review the development proposal shall include representatives from the following: Task Force Team Chair - Julie Ann Woods, Community Development Director Plmming Staff- Chris Bendon, Long Range Planner Obermeyer Family - Tim Belinski, CFO Obermeyer, Leslie Lamont, Otak Zupancis Parcel - Robert Zupancis Smith Parcel - Gailen Smith Murphy Parcel - Bill Murphy Planning and Zoning Commission - Ruth Kruger, Roger Haneman Historic Preservation Commission (1 member) - Gilbert Sanchez or Rally Dupps City Council (1 or 2 members) - Tom McCabe Current SCI Tenant - JeffMoonitz, Rocky Mtn. Martial Arts Pitkin County (Management) - Brian Pettet Concept 600 Resident - Pat Fallin Citizen-at-large (2 members) - members to be confirmed. It is acknowledged through this resolution that it will be beneficial for many interested parties beyond those identified in the above noted list to be involved in the COWOP process and that the opportunity for involvement is created through this process. Additional interested parties will be able to attend all meeting of the COWOP Task Force Team and may be provided with email notice of meeting schedules at their request. All meetings of the Task Force Team will be conducted in public hearings. It is also acknowledged tlu'ough this resolution that numerous City Departments, other governmental or district agencies and consultants will provide technical assistance and analysis as determined to be necessary and/or as required by the City of Aspen Land Use Code. Section 4 Pursuant to Section 26.500.050(B)(d), the proposed timeframe for the procedures to be used to review the proposed development are anticipated to be completed within approximately five (5) months from the date of this resolution. The following schedule is subject to change: March 20, 27 Task Force Meetings 1 & 2 (tentatively scheduled) 2-6, location TBD. Introductions, site visit, project overview, objectives, scheduling. April 3 Neighborhood Infrastructure Planning (tentatively scheduled) 2-6, time and location TBD. April - June Multiple meetings to consider project program (uses, massing, architectural style). Design charrettes (longer sessions) may be used to brainstorm project program. May City develops and refines financial plan. City Council work session (mid May) may be necessary to review progress. June Draft Plan review and refinement. This may be a joint work session between City Council and Planning and Zoning Commission~ July Final Plan review and refinement. Possible work session with City Council and/or Planning and Zoning Commission August Public Heatings for Final Plan. City Council Ordinance. Additional time may be necessary to accommodate a public vote. FINALLY, adopted, passed and approved this 1 lth day of March, 2002. Attest:~ rathry.n~S, 1~, City Cl&k Approved as to form: John 1~.. VCo}~e~ter, City Attorney