HomeMy WebLinkAboutcoa.lu.ex.615 E Bleeker St.A024-03is liMi�r itddva"d ,
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i avaJ ID
CASE NUMBER
PARCEL ID #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
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BY
A024-03
Aspen Chamber Resort Assoc Req for Flags on Light Post
Main Street Light Posts
Sarah Oates
Council Policy Deviation
Aspen Chamber Resort Assoc
05/12/03
Denied 3-2 RESO 41-03
06/02/03
D Driscoll
PARCEL ID: 2737-073-51004 DATE RCVD: 04/29/03 # COPIES: CASE NO F77-03
CASE NAME: 615 E Bleeker Extension of Vested Rights PLNR: Chris Bendon
PROD ADDR: 6315 E Bleeker CASE TYP: I Extension of Vested Rights STEPS:F—
OWN/APP: George Murphy (aka ADR 615 E Bleeker St CIS/Z: Aspen/CO/81611 PHN: 970-925-7459
REP: Isame ADR:�— C/S/Z:I PHN:
FEES DUE: FEES RCVD: Ifees waived by Com Dev Dire STAT: F
REFERRALS
REF:I BY{ DUE: F—
MTG DATE REV BODY PH NOTICED
F— F— DATE OF FINAL ACTION:
REMARKS
CITY COUNCIL: '
�`
PZ:
BOA:
CLOSED: F , c) BY: 4 ;i-i DRAC:
PLAT SUBMITD: F PLAT (BK,PG): ADMIN:)
RESOLUTION NO.
(SERIES OF 2003)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN
EXTENDING THE PERIOD OF VESTED RIGHTS AND THE EXPIRATION
DATE OF THE DEVELOPMENT ORDER FOR A COMMERCIAL AND
AFFORDABLE HOUSING DEVELOPMENT, KNOWN AS THE MURPHY
DEVELOPMENT PROPOSAL, 615 EAST BLEEKER STREET, LOT #2
GIGNOUX-LYNCH SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY,
COLORADO.
Parcel No. 2737.073.51.004
WHEREAS, the Community Development Department received an application
from George Murphy (a.k.a. Bill Murphy), owner of Lot #2 Gignoux-Lynch Subdivision,
to extend the period of vested rights and the expiration date of a development order for a
site -specific development plan for a project known as the Murphy Development Proposal,
approved by the City of Aspen pursuant to Ordinance No. 6, Series of 2002; and,
WHEREAS, the Murphy Development Proposal consists of a 600 square foot
expansion of an existing commercial building, reconstruction of an existing 1,000 square
foot commercial building, conversion to commercial of an existing 1,200 square foot
residential storage building, and three one -bedroom affordable housing units to be
constructed at 615 East Bleeker Street, Lot #2 Gignoux-Lynch Subdivision, City of
Aspen, Pitkin County, Colorado; and,
WHEREAS, the applicant has requested an extension to the period of vested
rights in consideration of his delaying progress on his approved project for participation
in the Obermeyer COWOP Land Use Review — a project considering redevelopment of
the subject property and adjacent lands; and,
WHEREAS, pursuant to Sections 26.304 and 26.308 of the City of Aspen Land
Use Code, an extension of vested rights and the expiration date of a development order
may be approved by the City Council, according to the standards and processes of said
Sections, at a duly noticed public hearing; and,
WHEREAS, the Aspen City Council has reviewed and considered the request to
extend the period of vested rights to the Murphy Development Proposal, the
recommendation of the Community Development Director, and has taken and considered
public comment at a duly noticed public hearing; and,
WHEREAS, the City Council finds that extending the period of vested rights for
the Murphy Development Proposal is consistent with the goals and elements of the Aspen
Area Community Plan and furthers a community interest in maintaining the applicant's
participation in the Obermeyer COWOP project; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
Resolution No. , Series of 2003
Page 1
•
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO as follows:
Section 1:
The period of vested rights and the expiration date of the development order for a site -
specific development plan, including all growth management allotments, for the Murphy
Development Proposal, granted final approval pursuant to Ordinance No. 6, Series of
2002, is hereby extended to May 12, 2006.
Section 2:
All material representations and commitments made by the developer in association with
the application, review, and approval of the Murphy Development Proposal, pursuant to
Ordinance No. 6, Series of 2002, shall remain incorporated in the approval. No additions or
changes to the conditions of approval are incorporated herein.
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity of
the remaining portions thereof.
Section 4:
A public hearing on this resolution was held on the 12t' day of May, 2003, at 5:00 in the City
Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which
hearing a public notice of the same was published in a newspaper of general circulation
within the City of Aspen.
FINALLY, adopted, passed and approved this 12t' day of May, 2003.
Attest:
Approved as to form:
��2""'��
` oifi P. Worcester, City Attorney
CAhome\Current Planning\CASES\MurphyGMQS\VR Extend_Reso.doc
Resolution No. _, Series of 2003
Page 2
0 10 Vill
MEMORANDUM
TO: Mayor Klanderud and City Council
THRU: John Worcester, City Attorney
Julie Ann Woods, Community Development Director
FROM: Chris Bendon, Long Range Planner
RE: 615 East Bleeker Street Growth Management Approval
Extension of Vested Rights — Public Hearing
Resolution No. y I , Series of 2003.
DATE: May 12, 2003
SUMMARY:
Bill Murphy, owner of 615 East Bleeker Street, applied and was approved for
commercial growth management development allotments to accommodate an
expansion of his commercial building located in the SCI Zone District. The
development proposal involves reconstruction of an approximately 1,000 square foot
commercial building to 1,600 square feet of net leasable space, conversion of an
existing 1,200 square foot building from residential storage to commercial use, and
three one -bedroom affordable housing units. The project achieved a passing score in
the Growth Management scoring process and was awarded development allotments in
March 2002, pursuant to City Council Ordinance No. 6, Series of 2002.
Mr. Murphy included his property within the Obermeyer COWOP review — a
public/private redevelopment of lands including and surrounding the 615 East Bleeker
property. The Obermeyer COWOP project was approved April 14, 2003, causing an
approximate 14-month delay in Mr. Murphy pursuing his development order. Mr.
Murphy is still pursuing a redevelopment agreement with the Obermeyer
Redevelopment Company.
Adoption of this resolution will "restart" the three-year period of vested rights for the
Murphy Development Proposal. Staff does not have any concerns with this request
and is recommending approval.
Staff recommends adoption of Resolution. No. 41, Series of 2003.
APPLICANT:
George Murphy (a.k.a. Bill Murphy).
LOCATION:
Lot #2 Gignoux-Lynch Subdivision. 615 East Bleeker Street.
ZONING:
Service/Commercial/Industrial (SCI).
LOT SIZE:
12,863 square feet.
CURRENT LAND USE:
Light industrial commercial uses, one residence, and storage.
PROPOSED LAND USE:
Additional light industrial commercial space, three additional affordable housing
units.
PREVIOUS ACTION:
The project was granted final approvals in March 2002, pursuant to Ordinance No. 6,
Series of 2002.
REVIEW PROCEDURE:
Extension of Vested Rights — Section 26.308.
City Council may approve an extension of vested rights by resolution at a public
hearing.
STAFF COMMENTS:
Extension criteria are attached as Exhibit A.
RECOMMENDATION:
Staff recommends adoption of Resolution No. _, Series of 2003.
CITY MANAGER COMMENTS:
RECOMMENDED MOTION:
"I move to adopt Resolution No. �, Series of 2003."
ATTACHMENTS:
Exhibit A -- Extension Criteria
Exhibit A
Extension of Vested Rights
Review Criteria
C. Extension or Reinstatement of Vested Rights. The City Council may by
resolution at a public hearing noticed by publication (See Section 26.304.060(E)(3)(a))
approve an extension or reinstatement of an expired or revoked development order and
associated vested rights in accordance with this Section.
1. In reviewing a request for the extension or reinstatement of a development order
and associated vested rights, the City Council shall consider, but not be limited to,
the following criteria:
a. The applicant's compliance with any conditions requiring performance prior
to the date of application for extension or reinstatement;
b. The progress made in pursuing the project to date including the effort to
obtain any other permits, including a building permit, and the expenditures
made by the applicant in pursuing the project;
c. The nature and extent of any benefits already received by the City as a result
of project approval such as impact fees or land dedications;
d. The needs of the City and the applicant that would be served by approval of
the extension or reinstatement request.
Staff Response:
The applicant has complied with conditions of approval and has been delayed in pursuing
the development order in order to participate as a property owner in the Obermeyer
COWOP Review. This Obermeyer COWOP project is a public/private partnership
involving Mr. Murphy's parcel, and other parcels, together with the City of Aspen. Mr.
Murphy's participation in the COWOP project has been and continues to be in the City's
interest and Mr. Murphy was encouraged by the City to delay seeking a building permit
on his approval. The Murphy parcel is central to implementation of the Obermeyer
project. No land dedications or development fees have been collected by the City as a
result of the project approval.
The needs of the City will be served by this extension as it will permit Mr. Murphy the
necessary time to negotiate property conveyance with the Obermeyer Redevelopment
Corporation without loss of his development approval. This extension also serves the
interests of the City as the City encouraged Mr. Murphy to delay implementation of his
approvals until completion of the Obermeyer COWOP review. The COWOP review
concluded in April, 2003, subject to final plat and agreement filings. These plats and
agreements require an amalgamated land mass and a conveyance agreement between Mr.
Murphy and the Obermeyer Redevelopment Company. Staff understands these
negotiations are proceeding in good faith.
2. An extension or reinstatement may be in the form of a written agreement duly
authorized and executed by the applicant and the City. Reasonable conditions may
be imposed by the City Council including, but not limited to, compliance with any
amendments to this title adopted subsequent to the effective date of the
development order.
Staff Response:
The extension shall be in the form of the proposed Resolution. Staff does not propose
any additional written agreement. Staff does not propose any conditions of the extension
as no substantive amendments have occurred that would affect the development order.
If the request is for reinstatement of a revoked development order, the City
Council shall determine the financial impacts of the investigation and may require
the applicant to pay the reasonable costs of investigation, enforcement and
reporting by City staff.
Staff Response:
The development order is not expired or revoked and staff does not expect any financial
implication of this extension upon the City.
• 0
ATTACHMENT 2 -LAND USE APPLICATION
APPLICANT:
Name: �Q6MK
Location: �� - MV(4im
(Indicate street address, lot & block number, legal description where appropriate)
Parcel ID # (REQUIRED) A� 9 -1'A-1 . O•4 2, • fl • Ob 4
REPRESENTATIVE:
Name: woie M oi" h
Address:
Phone #: .
PROJECT: --
Name: fWI�J�INI v �J
Address:
Phone #: I'LiiJ •��
TYPE OF APPLICATION: (please check all that apply):
❑
Conditional Use
❑
Conceptual PUD
❑
Conceptual Historic Devt.
❑
Special Review
❑
Final PUD (& PUD Amendment)
❑
Final Historic Development
❑
Design Review Appeal
❑
Conceptual SPA
❑
Minor Historic Devt.
❑
GMQS Allotment
❑
Final SPA (& SPA Amendment)
❑
Historic Demolition
❑
GMQS Exemption
❑
Subdivision
❑
Historic Designation
❑
ESA — 8040 Greenline, Stream
❑
Subdivision Exemption (includes
❑
Small Lodge Conversion/
Margin, Hallam Lake Bluff,
condominiumization)
Expansion
Mountain View Plane
r
bC
❑
Lot Split
❑
Temporary Use
N
Other.S�o.�
❑
Lot Line Adjustment
❑
Text/Map Amendment
\SdF�OhiS
EXISTING CONDITIONS:
(description of existing buildings, uses,
previous approvals,
etc.)
ry
uw rdlowa
-o
'ROPOSAL: (description of proposed buildings, uses, modifications, etc.)
A >DVcd VN 0 �[ uwVil
Have you attached the following? FEES DUE: -
❑ Pre -Application Conference Summary 1-41pt
❑ Attachment #1, Signed Fee Agreement
❑ Response to Attachment #3, Dimensional Requirements Form *4 f A
❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards "/A
All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written
text (Microsoft Word Format) must be submitted as part of the application.
0
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and Gez)kse I'f-), "cyZk)�d
(hereinafter APPLICANT) AGREE AS FOLLOWS:
APPLICANT has submked to CITY an application for
iX%N O-DPL4eI..a L Z:* orAs . — Dears —,ta
(hereinafter, TH'E PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000)
establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent
to a determination of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it
is not possible at this time to ascertain the full extent of the costs involved in processing the application.
APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an
initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis.
APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he
will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the
CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty
of recovering its full costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning
Commission and/or City Council to make legally required findings for project consideration, unless current billings
are paid in full prior to decision.
5. Therefore, APPLICANOar that in consideration of the CITY's waiver of its right to collect
full fees prior etermination of acompleteness, APPLICANT shall pay an initial deposit in the
amount of $ Z which is forhours of Community Development staff time, and if actual
recorded costs ed the initial deposiANT shall pay additional monthly billings to CITY to reimburse
the CITY for the processing of the applintioned above, including post approval review at a rate of $205.00
per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date.
APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and
in no case will building permits be issued until all costs associated with case processing have been paid.
CITY OF ASPEN
By:
Julie Ann Woods
Community Development Director
g:\support\forms\agrpayas.doc
1/10/01
APPLICANT
By: e
Date: C (i,
Mailing Address:
Ll
�I
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: C.— �! , Aspen, CO
SCHEDULED PUBLIC HEARING DATE: 7 k 200
STATE OF COLORADO )
SS.
County of Pitkin )
I a� " L-A dlt (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
j, Vaterproof materials, which was not less than twenty-two (22) inches wide
'J and twenty-six (26) inches high, and which was composed of letters not
0 : less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the _ day of
200_, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to any federal agency, state, county, municipal government,
school, service district or other governmental or quasi -governmental agency that
owns property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
gnature
The foreg(A 9 "Affidavit of Notice" was ac owledged be ore me thi �7 day
of ��r�-L I , 200 3, by ore
WITNESS MY HAND AND/OFFICIAL SEAL
My commission expires:
Notary Public �� •• .�C
A .•; C
.. Q
• O�
0,
ATTACHMENTS: J
COPY OF THE PUBLICATION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BYMAIL
PUBLIC NOTICE
RE: 615 EAST BLEEKEi2 STREET- EXTENSION OF
VESTED RIGHTS
NOTICE IS HEREBY GIVEN that a public hearing
will be held on Monday, May 12, 2003, at a meet-
ing to begin at 50, p.m. before the Aspen City
Council, Council Chambers, City Hall, 130 S. Gale-
na St., Aspen, to consider an application submit-
ted by George Murphy (aka, Bill Murphy), owner
of 615 East Bleeker Street, Lot #2 Gignoux-Lynch
Subdivision, to extend to May 12, 2006, the peri-
od of vested rights and the expiration date of a
site -specific development order, as approved
pursuant to Ordinance No. 6, Series of 2002. The
approved project consists of reconstruction of
approximately 1,000 square feet of commercial
space, expansion of commercial space by approx-
imately 600 square feet, conversion from residen-
tial to commercial of approximately 1,200 square
feet, and three affordable housing units. The
property is described as 615 East Bleeker Street,
Lot #2 Gignoux-I.ynch Subdivision.
For further information, contact Chris Bendon at
the City of Aspen Community Development De-
partment, 130 S. Galena St., Aspen, CO (970) 920-
5072, chrisb®ci.aspen.co.us.
s(biolen Kalin Klanderud, Mayor
Aspen City Council
Published in The Aspen Times on April 26, 2003.
(0316)