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HomeMy WebLinkAboutresolution.council.075-06 RESOLUTION NO. 75 (SERIES OF 2006) A RESOLUTION OF THE ASPEN CITY COUNCIL DETERMINING THE ELIGIBILITY OF DEVELOPMENT REASONABLY NECESSARY FOR THE CONVENIENCE AND WELFARE OF THE PUBLIC (COWOP) FOR THE ASPEN CENTER FOR ENVIRONMENTAL STUDIES (ACES)/PUPPY SMITH II DEVELOPMENT, LOTS 1-3, BLOCK 4, LAKEVIEW ADDITION AND THE ACES' PROPERTY, CITY AND TOWNSITE OF ASPEN. Parcel No. 2737-073-03-851 Parcel No. 2737-073-00-801 WHEREAS, the Community Development Department received an application from the City of Aspen Asset Management Department for a determination of eligibility for development reasonably necessary for the convenience and welfare of the public (COWOP) for the redevelopment of the Aspen Center for Enviromnental Studies (ACES) Parking Lot with a three (3) unit affordable housing project, the construction of a gravel parking lot to contain eighteen (18) parking spaces on the City owned "Puppy Smith" parcel (Lots 1-3, Block 4, Lakeview Addition, City and Townsite of Aspen), and the reinstatement of the entitlements granted for the ACES' Specially Planned Area in Ordinance No.6, Series of 1997; 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 Planning and Zoning Commission, 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 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 1. The project would provide new affordable housing in a location that is close to the core of town and that would be proposed on a site that is no longer directly adjacent to the Rio Grande Trail and the Jenny Adair wetlands as was a primary concern of the previous Puppy Smith COWOP Task Force and City Council in 2003; 2. The City of Aspen is the Applicant; 3. The project stands to be of higher quality through utilizing an interactive and multidisciplinary approach with a diverse COWOP task force 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. WHEREAS, the City Council approved, by a vote of four to one (4-1) Resolution No. 75, Series of2006, on September 11,2006. 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 proposed redevelopment ofthe Aspen Center for Enviromnenta1 Studies (ACES) Parking Lot with a three (3) unit affordable housing project, the construction of a gravel parking lot to contain eighteen (18) parking spaces on the City owned "Puppy Smith" parcel (Lots 1-3, Block 4, Lakeview Addition, City and Townsite of Aspen), and the reinstatement of the entitlements granted for the ACES' Specially Planned Area in Ordinance No.6, Series of 1997, are hereby determined to be development that is eligible to be reviewed through the COWOP review process. 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 rules for the conduct of business of the Aspen Center for Enviromnental Studies (ACES)/Puppy Smith COWOP Task Force Team. A site visit is then conducted. 2. Task Force Team Chair shalf be the City's Deputy Director of Community Development, or their designated representative. 2 3. Meetings shall be legally noticed as a public meeting and may be continued to additional meetings. 4. Task Force Team responsibilities shall include the following: . Determine and evaluate site opportunities and constraints. . Evaluate different development options for three (3) affordable housing units to be constructed on the site. . Finalize specific conceptual elements of the development program, including program elements that satisfy City Council's goals for the property. . Prepare a sample site plan including development layout, floor plans, access, parking, and other pertinent site components. . Prepare conceptual architectural parameters indicating typical design. . Prepare a formal recommendation to the City Council regarding the above tasks. 5. Community Development and Interdepartmental Technical Staff Review shall be completed. 6. Task Force Team develops and formulates recommendation to City Council. 7. Formal review and action by City Council (in public hearing). 8. City Council reviews final development plan for the project. Standards of Review and Analvsis: 1. Section 26.310, Amendments to the Land Use Code and Official Zone District Map. 2. Section 26.410, Residential Design Standards. 3. Section 26.425, Conditional Uses. 4. Section 26.445.050, Review Standards: Planned Unit Development. 5. Section 26.470, Growth Management Review. 6. Section 26.480, Subdivision. 7. Section 26.515, Off-Street Parking. 8. Section 26.710.110, Affordable HousingIPUD Zone District. 9. Any necessary technical design standards of utility providers shall be considered and the COWOP decision shall not supercede any non-city utility provider. 10. 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. 11. Asset Management Division "Affordable Housing Development Guidelines". Section 3 Pursuant to Section 26.500.050(B)(c), the Task Force Team shall be assigned by City Council no later than September 11, 2006. Section 4 Pursuant to Section 26.500.050(B)(d), the timeframe for the procedures to accomplish the tasks of the Task Force Team shall be the end of November for a presentation of the initial 3 findings and December for a final recommendation from the task force team to City Council. Section 5 The City shall pay for the cost of the COWOP task force review. ACES shall pay the cost of updating their plat and agreement to perfect their land use entitlements that were granted in Ordinance No.6, Series of 1997. RESOLVED, passed and approved this 11th day of September, 2006. Attest: Approved as to form: 4