RESOLUTION NO.


A RESOLUTION OF THE OGDEN CITY COUNCIL ESTABLISHING PROCESS STEPS FOR THE PROJECT BEING PROPOSED BY CHRIS PETERSON.


WHEREAS, Chris Peterson, a private developer, and Mayor Godfrey have publicly presented a concept regarding an urban gondola, mountain resort, and property sale for a hillside development (the project); and

WHEREAS, The Ogden/Weber State Transit Corridor Study, completed by Wasatch Front Regional Council, Utah Transit Authority, Weber State University, and Ogden City, was presented to the City Council in October 2005; and

WHEREAS, In November 2005, the City Council requested the Planning Commission review the Ogden/Weber Transit Corridor Study and provide recommendations regarding it; and

WHEREAS, The Planning Commission recommended the following regarding the Ogden/Weber Transit Corridor Study:

  1. A rapid transit corridor and system with the ability to make multiple stops is important to link the downtown with the Weber State University and McKay-Dee Hospital area;

  2. The preferred location of the transit corridor is along 25th Street;

  3. A public process is necessary, similar to that undertaken with the Mall site, including workshops, charettes, focus groups, and public input, as well as the corridor design being coordinated with the General Plan including its effects on land use, urban design, etc., with required amendments to associated community plans and the potential of additional corridor plans, with stakeholders identified and involved with the plan process;

  4. Additional information be provided such as an EIS, a traffic study, effects on land use and other factors as well as information provided relating to cost of installation and operation being identified;

  5. Mode of transportation not be recommended at this time, only that it be a permanent system, but would have the ability to complement and interconnect with a potential downtown circulation system; and


WHEREAS, on April 13, 2006 Mayor Godfrey presented the general concepts for the project to the City Council in a work session; and

WHEREAS, on April 18, 2006 the City Council adopted Resolution 2006-13 directing the development of a comprehensive public process plan regarding the proposed gondola, resort and property sale for a hillside development; and

WHEREAS, on June 2, 2006 the City Council announced the branding of the comprehensive public process as “Discovery Ogden”. Discovery Ogden is designed to identify the decision-making processes of stakeholders, including the City Council’s legislative process and desire for analysis, research, and public education; and

WHEREAS, on August 1, 2006 the City Council received a copy of a letter addressed to Mayor Godfrey, dated July 21, 2006, from Chris Peterson entitled “Malan’s Basin Approval Process”; and

WHEREAS, on August 8, 2006 the City Council met in a work session with Chris Peterson and Tom Ellison, Mr. Peterson’s attorney, to discuss the proposed process; and

WHEREAS, on August 25, 2006 the City Council published the decision-making processes of stakeholders and a list of 184 questions compiled from Council Members and citizen questions that have been communicated to the Council.

NOW, THEREFORE, the Council of Ogden City hereby resolves that the following process steps will apply to the Chris Peterson proposal. The Council understands the many dimensions and complexity of the proposal and thereby intends to gather facts, receive public input, and collect data consistent with the Council’s due diligence prior to making any decisions on this far-reaching and very important proposal.

  1. Mount Ogden Community Plan. The Council expects to consider a recommendation from the Planning Commission regarding the Mount Ogden Community Plan.

  2. Planned Community Development Zones and Sensitive Area Overlay Zones. The Council understands that a new mixed-use development tool and an amended sensitive area overlay zone ordinance will be proposed prior to consideration of the Peterson proposal. These two ordinances will be considered by the Council after receiving a recommendation from the Planning Commission.

  3. Petition and Review of Chris Peterson Project. The Council understands that petitions will be filed by Mr. Peterson regarding his proposed project that may include amendments to the City’s general plan. These amendments could include the following subjects: open space, open space zoning, annexation, sale of property, and any other required amendments identified in the review process. Public hearings and/or public input opportunities would be conducted by the Planning Commission and the City Council as required by law or as otherwise deemed appropriate.

  4. Planned Community Development Zone or Mixed Use Development Zone for Specific Property. The rezoning of specific property as a planned community development zone or mixed use development zone would need to be considered for the Peterson project if such a tool is determined to be acceptable. Public hearings and/or public input opportunities would be conducted by the Planning Commission and the City Council as required by law or as otherwise deemed appropriate.

  5. Development Agreement and Project Master Plan. The consideration of the development agreement and a project master plan would occur simultaneously with the planned community development rezoning. The negotiation of the development agreement would occur throughout the process of consideration. In addition the Council will consider the following as part of the development agreement process:

      1. Financial Information. The Council expects that all relevant financial information regarding the project and the developer will be provided well in advance of decisions being made.

      2. Market and Financial Assessment. The Council will consider independent market and financial assessments regarding appropriate aspects of the project.

      3. Environmental Assessment. The Council will consider the analyses of environmental impacts of the project.

  6. Annexation. The annexation of property into the City would comply with applicable Utah State law regarding requirements and process. Appropriate public hearings would be held.

  7. Property Sale. If the sale of City property is authorized under the general plan and terms and conditions of the development agreement, the property closing and related actions would be considered after the development agreement is finalized.

  8. Budget Amendments. The appropriate budget amendments would need to be considered to implement whatever decisions have been made with the required public hearings.

APPROVED AND ADOPTED this day of , 2006.




___________________________

CHAIR


ATTEST:



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CITY RECORDER


APPROVED AS TO FORM: _______________

LEGAL DATE