HomeMy WebLinkAboutresolution.council.044-04RESOLUTION NO. 44
(SERIES OF 2004)
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 AMENDMENT COWOP," ON PROPERTY OWNED
BY THE CITY OF ASPEN, OBERMEYER PLACE EAST, LLC, MARGARET H.
OBERMEYER, ASPEN COMMONS, LLC, KLAUS F. OBERMEYER, 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 the Obermeyer Redevelopment Company for lands owned by
Obermeyer Place Holding Company, LLC, Klaus T. Obermeyer, George Murphy, Gailen
Smith, and the City of Aspen for an amendment to the Obermeyer Place Subdivision and
Planned Unit Development approved pursuant to Ordinance No. 18, Series of 2003; and,
WHEREAS, the property includes all land between East Bleeker Street and Rio
Grande Place, all land bordering East Bleeker Street between Spring Street and Rio
Grande Place, and portions of Rio Grande Park, more precisely described as: 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 tract of land identified as
Parcel No. 2737.073.00.040 according to the Pitkin County Assessor and known as 600
East Bleeker Street, a tract of land identified as Parcel No. 2737.073.00.041 according to
the Pitkin County Assessor and known as 530 East Bleeker Street, that portion of East
Bleeker Street right-of-way between Spring Street and Rio Grande Place, that portion of
Rio Grande Park owned by the City of Aspen accommodating and affected by the Pitkin
County recycling operation and snow melting facility, and that portion of Rio Grande
Place right-of-way between and including its two intersections with East Bleeker Street,
all located within the City of Aspen, Pitkin County, Colorado; 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 heahng 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 Planning and Zoning
Commission, the Historic Preservation Commission, and thc 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 COWOP
eligibility request 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 was originally reviewed under a COWOP review, which provided
certain land use regulation flexibility and permitted an evolution of the land uses
and character of the development with the guidance of a task force of interested
community citizens and leaders. A significant amendment to this project should
be reviewed with the same level of flexibility and guidance to achieve community
goals.
2. The amendment 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
Amendment, 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 meeting procedural protocol, meeting
rules, and public goals to be achieved for the evaluation of the methods of amending
the Project.
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 Force Team shall review and consider the ways to amend the Project and
evaluate how those methods achieve the identified public goals.
5. The Task Force Team shall consider comments offered by members of the public in
attendance.
6. The Task Fome Team shall identify (by a formal vote of the Task Force Team) a
preferred method of amending the Project to be forwarded to City Councik A
minority opinion can be included if necessary.
7. Community Development and Interdepartmental Technical Staff review and
recommendation shall be conducted and forwarded to City Council.
8. The Community Development Director shall present the Task Force Team
recommendation and the Community Development Director recommendation to City
Council along with the necessary land use actions and documents to entitle the
recommendation.
9. 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 Fome Team.
Standards:
1. Section 26.445.050, Review Standards: Planned Unit Development.
2. 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 commemial employee generation schedule and standards for
threshold scoring will be consulted and inform the review and recommendation.
3. Section 26.480, Subdivision, if determined to be necessary during project
development and review.
4. Any necessary technical design standards of utility providers shall be considered and
the COWOP decision shall not supercede any non-city utility provider.
5. 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.
Section 3
Pursuant to Section 26.500.050(B)(c), the Task Fome Team to review the development
proposal shall include representatives from the following:
Task Force Team Chair -'Julie Ann Woods, Community Development Director
Planning Staff- Chris Bendon, Long Range Planner
Obermeyer Redevelopment Co. and Obermeyer Family - Tim Belinski, Dwayne Romero
Smith Parcel - Gailen Smith
Murphy Parcel - Bill Murphy
Planning and Zoning Commission - Ruth Kruger, possible 2nd to be confirmed
City Council - Helen Klanderud and Torre (any member may attend the COWOP
meeting)
Housing Board Representative
Current SCI Tenant - Beth Gill or another tenant.
Pitkin County (Management) - Brian Pettet, Cathy Chandler, or Debbie Quinn.
Citizen-at-large - Gilbert Sanchez, Tom McCabe, and Bert Myrin
Oklahoma Flats Neighborhood - Debra Moore
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 meetings of the COWOP Task
Force Team and may be provided with email notice of meeting schedules at their request.
All meetings of the Task Fome Team will be conducted in public heating format.
It is also acknowledged through 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 one (1) month from the date of this resolution. These dates and time are
tentative and subject to change.
May 17th
Task Force Meeting 1 p.m to 5 p.m. City Hall. Review of amendment
request and recommendation to City Council. Additional meeting(s) could
be necessary and will be scheduled as needed.
June 14th Public Hearing for Amendment Plan with City Council
FINALLY, adopted, passed and approved this l0th day of May 2004.
Attest:
Approved as to form:
PohiYP?~qor~s~ter, City Attorney