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HomeMy WebLinkAboutcoa.lu.an.401 Castle Creek Rd.A064-02401 Castle Creek Rd- Pre -Annexation Referral _ 2735-123-07-801 A064-02 A, I i PARCEL ID: 2735-123-0780 DATE RCVD: 8/5/02 Ilk# PpPlgpj. CASE NOIA064-02 CASE NAME: Hospital Pre -Annexation Agreement Referral __. _PLNR: PROJ ADDRI 401 Castle Creek Rd. CASE TYP:j Pre -Annexation Agreement Referral STEPS_r"_ 14 OWNIAPP:jAspen Valley Hospit ADR 401 Castle Creek Rd. CISM FA—spen/CO/81611 PHN REP: Glenn Horn ADRI 215 S. Monarch 777 CISIZ:lAspen/CO/81617— PHN 925-6587 FEES DUE: None FEES RCVDj None STAT: M,WMW, REF] By [.7 MTG DATE REV BODY AL, NOTICE REMA CLOSED: BY: I PLAT SUBM11TD: PLAT (E DATE OF FINAL ACTION CITY COUNCIL: PZ: BOA: r)DAe'd PG):j .i THE CITY OF ASPEN OFFICE OF THE CrrY ATTORNEY August 2, 2002 Glenn Horn Davis Horn, Inc. 215 S. Monarch St. Asepn, CO 81611 Re: AVH Annexation - Pre -Annexation Agreement Dear Glenn: This is to acknowledge receipt of your letter dated July 29, 2002, in wth h' P you en forward Valley a proposed pre -annexation agreeme nt for the proposed annexation o Hospital property. I note that -the proposed pre -annexation agreement hardly makes any reference to the detoxification center and no reference at all to correcting the intersection on Castle Creek Road. As you know from previous meetings with members of the City staff, he ity for anyions both of these issues are important considerationsforthe the bounda>aescof isusthe City. concerning the annexation of the Hospital propertY I am going to suggest that City and Hospital staff need to meet again to resolve these issues before I spend.too much time reviewing a pre -annexation agreement that fails to -- --- You may wish to call the City Managers Office to properly consider these issues. the City's Community schedule such a meeting. In the meantime, I am sure the pre -annexation agreement Development Department will review the sections of relating to County approvals which your clients wish the City to adopt -as part of any annexation ordinance. 1:V SOM GALENA STREET • ASPEN, COLORADO 81611-1975 PHONE 970.920.5055 • FAX 970.920.5119 Pmted on Reyded Pepe Glenn Horn Au-ust 2, 2002 Page 2 If you have any questions, regarding this letter, please feel free to call me. Sincerely,— John P. Worcester City Attorney cc: City Manager Community Development Director JP W-08/02/2002-G:\john\word\letters\hom.doc Phil Overeynder, 10:03 AM 6/21/02 -0600, Aspen Valley Hospital Annexation --Water Service Agreement and Date: Fri, 21 Jun 2002 10:03:08 -0600 (MDT) X-Sender: philo@water X-Mailer: Windows Eudora Pro Version 2.1.2 To: joyceo@ci.aspen.co.us From: Phil Overeynder <philo@ci.aspen.co.us> Subject: Aspen Valley Hospital Annexation —Water Service Agreement and Easements Cc: cfc@alpersteincovell.com X-ECS-Mai I Scanner: Found to be clean Joyce, This will confirm our discussion regarding requirements for the Aspen Valley Hospital Annexation. The Water Department has been working to finalize a water service agreement and needs easements (including legal descriptions) for existing water lines on the hospital property. We have a draft water service agreement which we believe is ready for execution. There is also a site plan prepared by SGM showing the locations of existing water lines and facilities. We need legal descriptions based on this site plan and for AVH to provide the easements in these locations in accordance with Paragraph 2 of the draft water service agreement. The easements need to be 10 feet in width from either side of the center of the existing lines shown on the improvement drawings. Under the provisions of this same paragraph, a Bill of Sale is also required to officially convey facilities installed by the hospital to the City. You suggested I contact Gideon Kaufman who is handling the annexation request for the hospital. I will convey these same points to him, built request that you condition any annexation on final execution of the Water Service Agreement, provision of adequate easements, and provision of a bill of sale for existing water system improvements. Please feel free to call if you have questions. Thanks, Phil Printed for Joyce Ohlson <joyceo@ci.aspen.co.us> 1 It 5 -i-/ cn, Hospital Annexation Issues: Meeting on 4/29/02 with Julie Ann Woods, Steve Barwick, John Worcester and Joyce Ohlson (Also discussed at DRC meeting on May 1, 2002) Discussion Items: • Requirement for a Master Plan as part of the Annexation necessary? Is Council comfortable without one? Can we require one within a certain amount of time? • County has approved of a Master Plan -including the medical office building. City was not in favor of that component in the past. Certain components of the master plan should be disclosed to the Council so that they know what we are getting. • Hospital would like to make some additions and remodeling right after annexation. What would the process be? Annexation language should address. • What improvements and obligations are we looking for in the annexation process? (DRC is on Wed., 5/1) Outcome: • Prior to the Hospital Annexation hearings moving forward, the applicant must draft elements of a Pre -annexation Agreement that specifically itemizes what the hospital wants approval for (in terms of the components of their master plan); all else would not be approved as part of the annexation. This would allow the applicant to proceed with the short term improvements they would like to make without the City fully reviewing and accepting the County - approved master plan. The applicant should also itemize as part of the Pre -annexation Agreement what infrastructure improvements they anticipate making as part of the annexation as a proportion or in total. • The Annexation will not proceed until such time as the detox facility and intersection/infrastructure improvements are detailed to the extent the City feels comfortable with what the hospital will be obligated to. ► 9 0 • Following annexation the applicant will be subject to City of Aspen Regulations and will need to file for a PUD to establish its new plan for the site. • The applicant needs to itemize the employee mitigation that they have right now and what they feel they have as a credit (if any). What is the status of Beaumont as it related to this? • The applicant needs to submit a site plan showing the limits of annexation and vicinity, footprints of the existing buildings, calculated land mass, roadways, driveways and trails (in the vicinity). This will ensure that the City fully understands the area of annexation from a practical perspective as well as a legal one. le. The trails, connections, intersections, buildings, public infrastructure, bus stops, r-o-ws, etc. • City engineering should start work on the Castle Creek/hospital driveway Intersection redesign and any other infrastructure or transportation -related improvements that need to be made and shared with the Hospital/County. • The Detox Center Task Force needs to progress with their planning re. the detox facility programming, operational costs, etc. so that planning and feasibility can be evaluated and accommodated as part of the annexation. • Additional information Needed or TBA accomplished by Staff: -Who is the owner of the Health & Human services building? -Who is the owner of the land under H&HS? QPf -Contact Twin Ridge HOA to determine if they would like to annex at this time. Advise of procedures. -What is the approved square footage of the Hospital master plan? -What is the County's obligation and commitment to make identified improvements before the City accepts the annexation? 0 0 RECEIVED Davis HornJUL 3 1 2002 PLANNING & REAL ESTATE CONSULTING ASPEN BUILDING DEPARTMENT July 29, 2002 John P. Worcester Joyce Ohlson 130 South Galena Street Aspen, Colorado 81611 Re: Proposed Aspen Valley Hospital Pre -annexation Agreement Dear John & Joyce: Enclosed for your review is the proposed Aspen Valley Hospital Pre - annexation agreement. Please look over this agreement and contact Gideon or me to discuss any changes. Thank you. Sincerely, DAVIS HORN INCORPORATED GLENN HORN AICP CC: Gideon Kaufman Paul Taddune Randy Middlebrook Worcester.) ALICE DAVIS, AICP f GLENN HORN, AICP 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925-6587 • FAX: 970/925-5180 PRE -ANNEXATION AGREEMENT ASPEN VALLEY HOSPITAL THIS PRE -ANNEXATION AGREEMENT ("Agreement") is entered into and made on , 2002, by and between the City of Aspen, a Colorado home rule municipal corporation, which address is 130 South Galena Street, Aspen, Colorado 81611, hereinafter referred to as the City and Aspen Valley Hospital District and whose address is 0401 Castle Creek Road, Aspen, Colorado 81611 hereinafter referred to as "AVH.11 This Agreement shall become effective following execution by AVH and upon approval by the City Council of Aspen evidenced by a duly approved resolution and by the execution of the Agreement by either the City Manager, Mayor or Mayor Pro-Tem. RECITALS AND REPRESENTATIONS: WHEREAS, AVH represents that it comprises 100 percent of all owners a parcel of land commonly known as the Aspen Valley Hospital Campus, more particularly described in Exhibit A appended hereto and incorporated herein by this reference ("Property Proposed to be annexed"), and WHEREAS, the Property Proposed to be Annexed is more than 116 contiguous with the existing City boundaries and is otherwise eligible to be annexed into the municipal boundaries of the City in accordance with the Colorado Municipal Annexation Act of 1965, as amended, C.R.S. Sections 31-12-101, et sec-.; and WHEREAS, AVH and City desire to annex the Property Proposed to be Annexed into the municipal boundaries of the City of Aspen on the condition that all of the terms and conditions of this Agreement are met. WHEREAS, AVH received approval from Pitkin County for the 1989 Aspen Valley Hospital District Master Plan pursuant to Resolution 89-79 of the Pitkin County Board of County Commissioners which is appended hereto as Exhibit B; WHEREAS, AVH received approvals from Pitkin County for the Pitkin County Board of County Commissioners for the Aspen Valley Hospital Master Plan Amendments pursuant to Board of County -1- Commissioner's Resolutions 96-285, 97-82 and 97-194 which are appended hereto as Exhibits C, D and E; WHEREAS, the Aspen Valley Hospital District Master Plan and Amendments collectively constitute the "AVH Plan" which has been approved by the Pitkin County Board of County Commissioners as part of an extensive public land use review process; WHEREAS, portions of the AVH Plan have been developed by AVH, however certain parts of the AVH Plan have not yet been developed; WHEREAS, the City is a home rule municipality of the State of Colorado and is authorized to enter into this Agreement pursuant to C.R.S. Section 31-12-121; and WHEREAS, AVH has submitted a Petition to Annex to the City which is appended hereto as Exhibit F, in accordance with C.R.S. Section 31-12-102. NOW, THEREFORE, in consideration of the mutual covenants contained herein, IT IS AGREED AS FOLLOWS: 1. ZONING OF PROPERTY PROPOSED FOR ANNEXATION. The parties agree that the Property Proposed to be Annexed into the municipal boundaries will be zoned Public (PUB) pursuant to Section 26.710.250 of the Aspen Land Use Regulations ("Regulations"). Upon annexation and zoning AVH shall initiate a planning process and submit a Planned Unit Development Plan pursuant to Section 26.445 of the Regulations. The Planned Unit Development Plan will guide the long-term development of the AVH campus. AVH is currently working with the City of Aspen Detox Task Force, and will continue to do so with City staff during our planning process. 2. APPROVED AVH PLAN. The AVH Plan approved by the Pitkin County Board of County Commissioners is based upon: (a) 1989 Aspen Valley Hospital District Master Plan approved pursuant to the Pitkin County Board of County Commissioner's Resolution 89-79 which is appended hereto as Exhibit B; -2- (b) 1996 Aspen Valley Hospital District Master Plan Amendment approved pursuant to Pitkin County Board of County Commissioner's Resolution 96-285 appended hereto as Exhibit C; and (c) 1997 Aspen Valley Hospital District Master Plan Amendments approved pursuant to Pitkin County Board of County Commissioner's Resolutions 97-82 and 97-194 appended hereto as Exhibits D and E. 3. APPROVED AVH PLAN DEVELOPMENT ENTITLEMENTS BASED ON PITKIN COUNTY LAND USE APPROVALS. Portions of the AVH Plan have been developed. The following AVH Plan components have not been developed: (a) Expand Cafeteria and Kitchen (1989 Plan); (b) Develop Space for Business Functions (1989 Plan); (c) Develop Additional Space for Shops, Laundry and Storage (1989 Plan); (d) Relocate Helipad (1989 Plan); (e) The majority of 5,500 square feet of additional floor area planned for the expansion of the Emergency Room, a new Operating Room, expanded Lab, and a new Physical Therapy Wing (1996 Plan Amendment); (f) Internal remodel of the Hospital (1996 Plan Amendment); (g) Develop a 22,800 square foot Medical Office Building (1997 Plan Amendment); and (h) Develop 17,970 square foot Underground Parking Structure (1997 Plan Amendment). 4. AVH INTERIM IMPROVEMENT PLAN APPROVED BY THE CITY OF ASPEN. The following construction projects may be developed by AVH as part of the AVH Interim Improvement Plan prior to the approval of the new AVH Planned Unit Development Plan (subpara raphs (g) and (h) of Paragraph 3 above have been ��1 -3- deleted) : Storage; (a) Expand Cafeteria and Kitchen; (b) Develop Space for Business Functions; (c) Develop Additional Space for Shops, Laundry and (d) Relocate Helipad; (e) Develop 4,100 square feet of additional floor area for a Physical Therapy and Cardiac Rehabilitation Unit and 2,000 square feet of additional floor area for a Patient Care Unit (PCU) addition; and (f) Internal remodel of hospital. 5. ANNEXATION SCHEDULE. Upon execution by the parties of this Agreement, City shall initiate and complete annexation and rezoning of the property. 6. AVH OBLIGATION. AVH hereby agrees to annex the Property Proposed to be Annexed into the municipal boundaries of the City of Aspen upon the terms and conditions set forth in this Agreement. AVH hereby agrees not to withdraw its consent to annex or to thereafter petition to de -annex provided all of the terms and conditions of this Agreement are met. 7. CITY'S OBLIGATION. City agrees to annex the Property Proposed to be Annexed provided all of the terms and conditions of this Agreement are met. The parties acknowledge that annexation and zoning are subject to the plenary legislative discretion of the City Council of the City and the rights of referendum and initiative reserved unto citizens. No assurance of annexation or zoning have been made and relied on by AVH. 8. AVH IS REMEDY FOR DEFAULT BY CITY. In the event that, in the exercise of its legislative discretion, any action herein contemplated is not taken by the City, then AVH's sole and exclusive remedy for the breach hereof occasioned by the exercise of such discretion shall be the withdrawal of the annexation petition by AVH. In such event, all conditional land -4- use approvals which may have been granted by City and this Agreement shall become null and void. 9. CITY'S REMEDY FOR DEFAULT BY AVH. In the event that AVH defaults in any of its duties as set forth herein, City shall have the right of enforcement by an action for specific performance filed in the Pitkin County District Court. In such event, and upon prevailing in any such action, the City shall be entitled to recover all of its costs for enforcement, including reasonable attorney fees. 10. WAIVER. A waiver by any party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either party. 11. BINDING EFFECT. The parties hereto agree that this Agreement, by its terms, shall be binding upon the successors, heirs, legal representatives, and assigns thereof and shall constitute covenants running with the Property Proposed to be Annexed. In the event that all or part of the Property Proposed to be Annexed is sold, transferred, or otherwise conveyed to additional or multiple parties, all owners shall be jointly and severally responsible for all terms, conditions, and obligations set forth in this Agreement. 12. NO THIRD PARTY BENEFICIARIES. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the City, and AVH and nothing contained in this Agreement shall give or allow any such claim or right of action by any other third person on such Agreement. It is the express intention of the City, and AVH that any person other than the City, or AVH receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 13. GOVERNING LAW AND ENFORCEMENT. This Agreement shall be governed by the laws of the State of Colorado. The parties agree and acknowledge that this Agreement may be enforced at law or in equity. In addition to any other available remedies, it is understood and agreed that the City may withhold or revoke any permits or certificates, including but not limited to -5- building permits and certificates of occupancy, for any lot within the Property Proposed to be Annexed in the event of a breach of this Agreement by the AVH. 14. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional documents or take any additional action that is necessary to carry out this Agreement. 15. EXECUTION IN COUNTERPARTS. This Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. 16. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for the convenience and reference of the parties and are not intended in any way to define, limit or describe the scope or intent of this Agreement. 17. INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. 18. ASSIGNMENT. All or part of the obligations or responsibilities set forth in this Agreement shall not be assigned by the AVH without the express written consent of the City. 19. SEVERABILITY. Invalidation of any of the provisions of this Agreement or any paragraph sentence, clause, phrase, or word herein or the application thereof in any given circumstance shall not affect the validity of any other provision of this Agreement. 20. RECORDATION OF AGREEMENT. This Agreement shall be recorded by the City with the Clerk and Recorder's Office of Pitkin County. The City shall pay the reasonable cost of recordation of this Agreement. 21. INCORPORATION OF EXHIBITS. Unless otherwise stated in this Agreement, exhibits referenced in this Agreement shall be incorporated into this Agreement for all purposes. -6- 22. ACTIONS AGAINST ANNEXATION. In the event that any person, corporation, special district, municipal or county government, or any other entity asserts any claim against the City, its officials, or employees pursuant to the provisions of the Colorado Municipal Annexation Act, C.R.S. § 31-12-101 et sec., the AVH acknowledges and understands that the City may, at its sole discretion, voluntarily elect not to defend against such an action and may consent to and permit the entry by the court of an order voiding the annexation or reach another means of settlement of claims. In such an event, this Agreement shall become null and void. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. Attest: By City Clerk CITY OF ASPEN, a municipal corporation By APPROVED AS TO FORM: ASPEN VALLEY HOSPITAL, a By By City Attorney STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 2002, by as of ASPEN VALLEY HOSPITAL, a WITNESS my hand and official seal. My commission expires: Notary Public -7- STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 2002, by as of THE CITY OF ASPEN, a Colorado municipal corporation. WITNESS my hand and official seal. My commission expires: C:\clients\AVH\pre-annexation agr.vpd M Notary Public LIST OF EXHIBITS A - Legal description of Aspen Valley Hospital proposed to be annexed B - Resolution No. 89-79 Granting Approval for the Aspen Valley Hospital Master Plan C - Resolution No. 96-285 Granting Approval to the Aspen Valley Hospital Master Plan Amendment, and GMQS Exemption for 14,500 Square Feet of Interior Remodeling and Construction of a 5,500 Square Foot Expansion to the Existing Hospital Building D - Resolution No. 97-82 Amending the Conditions of Resolution No. 96-285 Regarding the Allowed Square Footage for an Expansion of Aspen Valley Hospital E - Resolution No. 97-194 Granting Approval to the Aspen Valley Hospital Master Plan Amendment, GMQS Exemption, Special Review, and 1041 Hazard r Exhibit A Ajn�nc. tiii►"uauc inn Post Ottire Pin; '7n'n _. Aspen, Coierado 81612 970 925 268A FEBRUARY 18, 2002 TnA Nn RF_�7 UnCDTTnr nTSTnTCT Al+'-41EXAl-10N L)ESC'NTPTI0N _ (Supersedes page i of Description dated 02.05.02) a '1tACi OF LAND SITUATED IN THE SOUTHEAST QUARTER OF JEi..•i IOIN 11, IN THE SOUTHWEST QUARTER OF SECTION 12 AND i j THE_ QUA' RT ER OF SECTION 13, ALL IN iv"I."frii: -Lu SOtiTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL ..T.,T ,. .. - rLtsttiii:.•_A:Y, PITKIN COUNT_'.- , C:oi,iJRADO, MORE PARTICULARLY nrc�nTnnT+ . r• r,�1• va, V.•. t11 L`l:, t! � .7 S :.%LLJIY .��, : . .+. a .,� t_V1LYLt1 ...vi•iL7v:v Tu S.Ct,:IvNS ,L 1 , i l � 1 j AND t 4 I . TtiRvrr AT.nMn mur PnTTA7nA OV nt rtonr.j .. r � y ve•ii,i.42 S'SV.2IT:aL DTSTRTrT SrTRr_,T1774Z7nAj ?iT.7r rnTTnL7i),: f' `vLnc•e.n DISTANCES: NORTH 00023100/1 EAST 392-21, FEET. NORTH 03000100" WEST 1211.74 FEET; ArJn NORTH 87"07100" EAST 333.97 FEET TO THE WRST RTr_wr__,,w_ WAY LINE OF CASTLE CREEK ROAD; THENCE NORTH 21052100" WEST 625.12 FEET ALONG THE WPAT RIGHT -OF -WAX LINE OF CASTLE CREEK ROAD TO THE INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF :YEi1c„01,74 C:RLEK ROAD; THENCE NORTH 46=3156' WEST 95.79 FEET ACROSS MAR OON `�NLtt\ rivnu Tv T'r.: ,-,O T"H AST C.0K�4'ZR OF THE CITY THOMAS PROPERTY n*i*Tz.vr MT/ _ �+.•cYL11LS1 tt.'IY � THENCE NORTH 0 0 O 1 3 1 n n �� Ef;— 110.9 , " :vt� � a L 4.0 FEET ALONG THE R0TT T)ARY nF Ca Tn CTTV T[I�M71 C Tnr,n""nm.. - -- - � �•.? t-riVtY.ril� C.iYtYL :NL.yt„);j T17E TNTFR_ Sgr'rrnN WITH THE SOUTIt viler -yr-rYr.i Llivi, Vr COLORADO STAT_F HIGHWAY NO. 82; THENCE 102.39 F_ F'F.T ALONG THE ARC OF A CTTnT7cn M.-, .T,.,,•, ,-vt�vL 1•,J 1t1 L. RIGHT HAVING A RA.DTt?S nF 1196.00 1vEET� tiny*:T ;riL ANGLE OF 04054'19" ANn WHnSF CHORD BEARS NORTH 53016' 10" WEST 102.36 FEET ALONG THE RnT-INDnRY OF SAIO CITY THOMAS PROPERTY ANNEXATION AND AT,ONr, TRP SOUTH RIGHT_ OF -WAY LINE OF SAID STATE HIGHWAY TO THE Snr7TTdrPmmncrP CORNER OF THE CITY/ZOLINE OPEN SPACE AND COL R_Ann vVa STATE HIGHWAY 82 ANNEXATION; THENCE NORTH 39011100" EAST 100.00 FEET ALONG THE BOUNDARY OF SAID ZOLINE ANNEXATION TO THE EA:,TERNmi05'r COR14ER OF SAID ZOLINE ANNEXATION, SAID Cv BEING ON -rHE SOUTH BOUNDARY LINE OF OPEN SPACE YAuL 2 ANNEXATIO" DESCRIPTiUN (Supersedes Vage L 'ii DescLiptivu dated Feb. 5, 2002) AYiNt'_ATION NU.1 1DENTICAL WITH THE NORTH RIGHT•-01-wAy LINE OF SAID STATE IIIGHWAY; THENCE 204.33 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A R.ADITIS OF 1 096 - 00 FEE', A CENTRAL ANGLE OF 10040'54" AND WHOSE CHORD BEARS SOUTH 56009'27" EAST 204.03 FEET ALONG SAID SOUTH BOUNDARY LINE AND ALONG SAID RIGHT -OF -WAX LINE, TO THE NORTHWEST CORNER OF OPEN SPACE ANNEXATTON NO.2; THENCE SOUTH 28030'06" WEST 100.00 FEET ALONG THE WEST BOUNDARY LINE OF SAID OPEN SPACE ANNEXATION NO.2 TO THE SOUTH RIGHT-OF-WAY LINE OF SAID STATE HIGHWAY; THENCE ALONG THE WEST BOUNDARY OF SAID OPEN SPACE n♦+�1AN A% E-A -ON idtJ r"s ,. , .2, ii`iL tvTICi�L WITH I H THE EAST RIGHT-OF-WAY LINE Ur CASTLE CREEK ROAD, THE FOLLOWING COURSES AND DISTANCES: SOUTH i6036'00" EAST 135.87 FEET► SOUTH 20054'00" EAST 2'00u' .31 FEET, AND SOUTH 32010100" EAST 67.10 FEET TO THE SOUTHERNMOST CORNER OF SAID ANNEXATION; THENCE SOUTH 30029'32" WEST 68.32 FEET ACROSS CASTLE' CREEK ROAD TO THE EASTERNMOST -CORNER 0F.PARCEL A OF SAID ASPEN VALLEY `{OSFITAL TOTSTRICT SUBBDTVTSIOJj, SAID CORNER BEING T_DENTICAI. WTTH THE POINT OF BEGTNNIING OF CITY WATER PLANT ANNEXATION IJO. ?; THENCF. SOUTH 21041'00" WEST 13.13 FEET ALONG THE WEST BOUNDARY OF SAID ANNEXA._TTON TO CORNER N0.2 OF SAID ANNEXATION; THENCE DEPARTING SAID WEST BOUNDARY SOUTH 25052'53' WEST 0.99 FEET TO CORNER NO-5 OF SAID ANNEXATION; THENCE SOUTH 22028'59" WEST 584.06 FEET ALONG THE WEST BOUNDARY OF SAID ANNEXATION TO THE INTERSECTION WITH THE SOUTH BOUNDARY LINE OF PARCEL A OF SAID ASPEN VALLEY ROSPITAL DISTRICT SUBDIVISION; IL NCE ALONG THE SOUTH BOUNDARY LINE OF' SAID PARCEL A THE (FOLLOWING COURSES AND DISTANCES: NORTH °40136" ::EST 1t.70 FEEL, NORTH 23041'00" EAST 1717.80 FEET, NORTH 6601`3'00" WEST 31-0.47 FEET, AND NORTH 19"00''00" WEST 199-69 FEET TO THE WESTERNA.OST CORNER OF SAID PARCEL A, SAID CORNER BEING ON THE SOUTH BOUNDARY LINE. OF PARCEL = OF SAID ASPEN VALT.EY HOSPITAL DISTRICT SL'RDTVTST011; THENCE ALONG THE SOUTH BOIRMARY OF SAID PARCEL C TIIE FOLLOWING COURSES AND DISTANCES: SOUTH 710001np" WEST 288-00 FEET, AND SOUTH 23000100" WEST 52-80 FEET TO THE POINT OF BEGINNING. ,OK U V O PAGE ` 0 I 3- 1 Cf 4 5 l • EXHIBIT "B" • -- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS SllviA DAVISOF PITKIN COUNTY, COLORADO GRANTING APPROVAL FOR ?ITKIN CNTY RECORDER THE ASPEN VALLEY HOSPITAL MASTER PLAN 14" Zvi 18 4 AN log Resolution No. 89-if WHEREAS, Aspen Valley Hospital, hereinafter "AVH" has applied to the Board of County Commissioners of Pitkin County, Colorado, hereinafter "Board" for approval of the Aspen Valley Hospital Master Plan pursuant to Section 3-1.10(e) of the Land Use Code; and WHEREAS, the AVH Parcel is zoned Public Zone District (PUB) and contains approximately 19.10 acres and located at 0200 Castle Creek Road, (See Exhibit "A") and WHEREAS, the Board finds that AVH represents an Essential Community Facility and adoption of their Master Plan is consistent with the State Highway 82 Corridor Master Plan; and WHEREAS, the Board is concerned about consumption of further ' land area on this site until adoption of multi -party p y land use 1 plans and programs occurs; and WHEREAS, said land use plans and programs shall address ' unmet Community health needs such as an inpatient psychiatric unit and holding facility and detoxification center; and WHEREAS, said multi -party land use plans may meet such P y unmet 1 Community health needs on or off of the Aspen Valley Hospital site; and WHEREAS, the Board heard the AVH application at regularly scheduled meetings on July 11, 1989 at which time evidence and • • Bwx 600 ?z- �71 Resolution No. 89-Z, Page 2 testimony was presented with respect to this application. -C NOW, TB=FORE, BE IT RESOLVED by the Board of County Commissioners that it hereby grants approval of the Aspen Valley Hospital Master Plan subject to the following conditions: 1. The Applicants shall meet with the Aspen Water Department to develop an acceptable water service plan as part of the Master Plan. 2. The Applicants shall meet with the Aspen Consolidated Sanitation District to develop a sewage disposal utility plan as part of the Master Plan. The utility plan shall include the following: a. The expansion of the cafeteria requires the additional of a grease interceptor, b. Vehicle garages with floor drains require installation of a District approved oil and sand separator, C. Roof drains and outdoor floor drains will need to be serviced by a dry well, d. Pathological wastes must be disposed of in a Hospital pathological waste incinerator or means other than the sanitary sewer, e. Thiosulfates and compounds of silver need to be recovered from spent x-ray developer and fixer prior to discharge to the sanitary sewer, f. Radioactive wastes such as iodine-131 and phosphorus-32 must be rendered inactive, by detention time, prior to discharge to the sanitary sewer, g. Any potential sources for mercury discharges must be eliminated, ' h. The District will require a manhole for sampling, downstream of the facilities services, and prior to the introduction of the Hospital's wasteload to the Districts' collection system. The sampling manhole must be available and accessible to District personnel for sampling. BOOK ��� U GAGE 12 I 11 Resolution No. 89-2-If Page 3 3. The Applicants shall develop a fire protection plan that is acceptable to the Aspen Fire Protection District as part of the Master Plan. 4. The entrance drive to the Housing project shall be redesigned so that it is directly across from the driveway to Castle Ridge. 5. The Applicant shall work with the Housing Authority to develop appropriate employee deed restrictions as part of the Master Plan. 6. A detailed drainage plan for the new addition shall be submitted prior to the issuance of a Building Permit Swith exception of the CT Scanner building addition). 7. The Master Plan shall contain a landscaping program which discusses plant species, number, size and irrigation methods. This program shall also discuss the costs for the proposed landscaping. The above information shall be provided in detail prior to the issuance of a Building Permit (with exception of the CT Scanner building addition). 8. Signs warning of heavy traffic during peak hours shall be placed on the northbound lane of Castle Creek above the Hospital to warn road users of the upcoming congested intersection. 9. The Applicant shall take the lead in attemnt_na to formulate plans, and programs which address the an -met Community health needs such as an inpatient psychiatric unit and holding facility and detoxification center and shall make recommendations within one year of Final Plat approval to the Planning Commission and Board of County Commissioners. 10. Proposed uses which are fully described can be shown as "allowed without further review in the plan". Uses which are only conceptual at this time shall be placed in the "Special Review" category. 11. The Final Plat shall show an easement for the "nordicn trail acceptable to the County. 12. The existing 100 foot road easement within Aspen Valley Hospital property and along Castle Creek Road shall be noted on the Final Plat as a pedestrian, bicycle and road easement. Id Resolution No. gg-zz Page 4 On 6JO PAGE273 13. The Applicant shall construct and maintain a path within the existing pedestr�i within two (2) years, -3n and bicycle easements to be reviewed and approved the Planning Office and County Land Use Engineer. by APPROVED by the Board at its regularly meeting on July 11, 1989. ATTEST: nette Jon i�reputy Count Clerk APPROVED AS TO FORM: a s L County Attorney MJL:das boccreso.avh BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By 4, Colette Penne, Chairman It APPROVED AS TO CONTENT: Thomas M. Baker, Interim Planning Director RtsowtionNo. 96-lAt EXHIBIT "C" Page 1 RESOLUTION OF THE BOARD OF COUNTY COMIYIISSIONERS OF PITIHN COUNTY, COLORADO GRANTING APPROVAL TO THE ASPEN VALLEY HOSPITAL MASS PLAN AMENDMENT I? e�ND GVIQS EXFM12P'1'ION FOR 14,500 SQUARE FEET OF INTERIOR REMODELING AND CONSTRUCTION OF A 5,500 SQUARE FOOT EXPANSION TO THE FISTING HOSPITAL. BUILDING Resolution No. 96- 285 1 The Aspen Valley Hospital District. hereinafter "Applicant has applied to the Board of County Commissioners of Pitkin County, Colorado, hereinafter "Board", for the following land use approvals: - • Master Plan amendment; and . Essential Colnmunity Facility GMQS Exemption for 14,500 square feet of ion of a 5,500 square foot expansion to the interior remodeling and construct existing hospital building. 2 Specifically, the applicant proposes to amend their Master Plan to include an expansion of approximately 5,504 square feet in additions and 14,500 square feet in remodeling to the e:asting hospital building, which contains 64,616 square feet. The additional square footage will accommodate an expanded emergency room, a new operating room and expanded lab, and a new physical therapy `erg to allow an expanded, in -hospital program- REC DOC 114 —j/ 1996 �1 : ! �R pr 1 6 ^ �- T TN. T N CpLNT' C'-= FV �� RECORDER iZt. �� NOT i Resolution No. 96�� • -- Page 2 3. The applicants, parce l is zoned PUBLIC and contains approximately 19 acres" a*cel is located at 0401 Castle Creek Road, more specifi 4 Said pcally descibed +� .i in Exhibit "A," attached. 1, 87-121, 89-79, 91-119, 9 1 - 5. The BOCC has approved Resolution Nos. 87-8since 1987.� 144, 92-11, and 92-379 with respect to Hospital land use reviews sin 6. The Planning and Zoning Commission heard this application at their regularly scheduled meetings on August 6 and 13, 1996 and recommended conditional approval to the Board. on A 28 and 7. The Board heard this application at regular meetings -- i Meeting on September 30, 1996, at which time September ''4, 1996 and at a Special . ting ep `+ evidence and testimony was presented with respect to the application- E, g. The Board finds that the Applicant has complied with applicable Land Use Code criteria. NOW, THEREFORE, BE IT RESOLVED by the Board that it does hereby grant approval of the proposed Master Plan Amendment and Growth Management Exemption to the Aspen Valley Hospital subject to the following conditions: 1. The Applicant shall adhere to all material representations made' the application and in the public meetings. 2. Prior to issuance of a building permit, the applicant shall provide the following: a. A revised traffic generation analysis which will be reviewed and approved by the County Engineer; • Resolution No. 967� Page 3 a C. Payment of a pro -rats share for improvements to the Castle Creek Road and affected intersections (as determined by the County Engineer), including but not limited to the Maroon Creek Road/Highway 82 intersection; Said share shall be based on the traffic generation analysis approved by the County Engineer; A fugitive dust control plan and an air quality mitigation plan approved by the Environmental Health Department; The air quality mitigation plan shall stipulate at a minimum that the applicant shall: 1) work with the Highlands and the School District to create a new bus stop the Highway 82IMaroon/Castle intersection that would allow up and down 't— valley buses to stop and be intercepted by vans from each of the entities - in order to make RFTA more accessible to those traveling to and from Castle and Maroon Creek roads; and 2) provide incentives to employees to encourage bus ridership, including discounted bus passes; and e. f. E 3) provide incentives for emplovers to car-pool; and 4) continue to assist the County/City in the plowing of the current bike path on _ Hospital property; and employers needing to run errands during 5) provide company bicycles for those the day. LI-___ (I A staging plan indentifying parking for construction and hospital employees; construction traffic Plan; and location for topsoil storage and identification of destination for soil which may be removed from the hospital site. Said plan shall be approved by the County Engine--". A revised Landscaping Plan. identifying plant material by genus and species, and identifying height and/or caliper. Said plan shall also address weed control. irrigation, and be approved by Land Management. Financial security in a form acceptable to the County Attorney shall be provided by the applicant to ensure the success of the landscaping identified on the recorded landscaping plan. A cost estimate for landscaping shall be provided by the applicant prior to issuance of a R building permit. A letter from the Aspen Water Department confirming their willingness to serve the additional development The applicant shall comply with all Water Department requirements for upgrading service. The applicant shall also provide a letter confirming that they have adequate water rights to use ditch water to irrigate proposed landscaping. If water is not available via ditch rights, the applicant shall provide documentation that an alternative water source has been obtained for irrigation purposes. An updated Water Service Agreement from the City of Aspen, unless the applicant provides a letter from the CityAttomey confirming that no such update is required; A letter from Aspen Consolidated Sanitation District confirming that all their requirements have been met and confirming that concerns regarding pollutants in the AVH collection system have been adequately addressed by the Hospital. rj C Raolurion No. 96-ve Page 5 APPROVED AND ADOPTRED ON THE 23RD DAY OF OCTOBE,1996. AISTEST: f J ' ette Jones, 1?i'puty County APPROVED AS TO FORM: Joh, y, County Attorney PID# 2735-123-00-011 Case # P74-96 BOARD OF COUNTY COMMISSIONERS OF PITICIN COUNTY, COLORADO 7 By James R. Trae, Chairman Date /b-1 q APPROVED AS TO CONTENT: Cindy Houben, Community Development Director Ac 9�- 01OF c Legal Desch ptiou A t_=ct of land in the SIR 1/ 4 of the MW 1/ 4 and the NW 1/ 4 of the SW 1/4 of Section 12, bat.`i of Township 10 Scuth, Range 85 West, 6t`t Principal Meridian, Coun=1 of Pitt , Stata of Colorado, mora fully des=ibed as allows : Beginning at a point which is the corner coon `m Sections 111 L:, 13, and 14, T.10 S., R.35w., 61:h P.M.; 1. Thence N. 00'Z3100" E. 392.Z1 feet; Z. Thence N. 03'00'00" W. 1221.74 feet; 3. Thence N. 87'07'0(1" E. 322.97 feet; 4. Thence S. Z1'532'00" E. 124.98 feet; S. Thenca S. Z1'Z3'00" E. 1259.11 feet; S. 71'00'00" W. 809.25 feet; 7. Tvena S. 23'00'00" W. 5Z.80 feet- to the Point of Beg inn�rg . Pm=aI C, as descrihed move, contains 1.a .102 a=es mcra or less. OF 6 10/E-5/1996 01:15P PG 6 EXHIBIT "D" RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITIUN COUNTY, COLORADO, AMENDING THE CONDITIONS OF RESOLUTION NO.96-285 REGARDING THE ALLOWED SQUARE FOOTAGE FOR AN EXPANSION OF ASPEN VALLEY HOSPITAL RESOLUTION NO. 97 Z RECITALS 1. Aspen Valley Hospital, hereinafter, "Applicant" has requested administrative approval for a Minor Amendment to a Development Permit for a clarification to an approved Master Plan amendment which allowed for a hospital expansion. 2. The Community Development Director has determined that this Minor Amendment should be reviewed and approved by the Board of County Commissioners. 3. Evidence and testimony were presented to the Board with respect to the requested Minor Amendment at a public meeting on April 23,1997. 4. the Board determined that the proposed activities meet the applicable criteria in the Land Use code, provided the conditions Iisted in this resolution are adhered to. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado, that it does hereby grant Aspen Valley Hospital approval for a Minor Amendment to a Development Permit to construct 3,782 square feet of basement storage space in addition to 5,604 square feet of above ground space approved by Resolution No. 96-285 subject to the following conditions: 1. The applicant shall adhere to the conditions of all previous approvals for the site including BOCC Resolution No. 96-285 unless revised, and/ or supplemented by this document. 2. The Hospital expansion approved by Resolution No. 96-285 shall be for 5,604 square feet instead of 5,504 square feet. I- This expansion may include 3,782 square feet of basement "cold storage" as represented on the plans submitted by the applicant in the Master Plan Amendment document of June 14,1996. This storage space will not require mitigation. Any change of use of this space will be subject to County review and approval. Change in use may require mitigation of new impacts. 4. All material representations made by the applicant in the application shall be adhered to and considered conditions of approval unless amended by other conditions. 1111111111111111111111111111111111111111111111111 IIII 404232 95/08/1997 01:00P RESOLUTION 1 of 3 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK Resolution No. 97--�l Page 2 APPROVED AND ADOPTED on the 23rd day of April, 1997. PUBLISHED AF ER ADOPTION ON DAY OF Fn1TlON OF ATTEST l997. BOARD OF COUNTY COMNIISSIONERS OF PITS IN COUNTY, COLORADO 510luite, J ette Jones, Chairm l— t` Deputy County Clerk Date: APPROVED AS TO FORM: APPROVED AS TO CONTENT: John Ely, Cindy Houben, County Attorney Community Development Director avhminrs.doc 11111111111uip 111111111111111111111111111111111111 4C • EXt1IBIT "E" is -- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO GRANTING APPROVAL TO THE ASPEN VALLEY HOSPITAL MASTER PLAN AMENI DMENT, GMQS EXEEMPTION, SPECIAL REVIEW AND 1041 HAZARD Resolution No. 97- /f Y 1 The --Aspen Valley Hospital District, hereinafter, "Applicant", has applied to the Board of County Commissioners of Pitkin County, Colorado, hereinafter, "Board", for the following land use approvals: • Master Plan Amendment; and GMQS Exemption for a Medical office B Unimtgs�and Senior Housing Units and GMQS Exemption for Affordable Housing Special Review for the proposed Office Use in the Public Zone District; and 1041 Review for encroachment on slopes exceeding 15% in grade. 2. Specifically, the applicant proposes to amend their Master Plan to include a 22,778 square foot medical office building with 17,970 square feet of underground parking, a 1,205 square foot detox facility, 12 units of affordable employee housing on a floor above the medical office facility, 10 units of senior housing to be attached to the existing Assisted Living Facility, and 7 for sale employee townhomes to be located between the Assisted Living facility and the Administrator's residence. This is an overall increase of 65,678 square feet to the Hospital campus which currently totals 70,219 square feet. 1111% iruNiNiiii 111,1111111111111111111111 uki Resolution No. 97- Y Pagc 2 The applicant's parcel is zoned PUBLIC and contains approximately 19 a=s.. 3. 4 Said parcel is located at 0401 Castle Creek Road, more specifically described in Exhibit "A," attached. 5. The BOCC has approved Resolution Nos. 87-81, 87-121, 9-79 1-119, 91-144, 92-11, 92-379, 96-285, and 97-82 with respect to Hospital land use reviews since 1987. 6. The Planning and Zoning Commission heard this application at regularly scheduled meetings on February 18, May 13, and June 10, 1997, and recommended conditional approval to the Board. 7. The Board heard this application at a regular meeting on August 13, 1997, at which time evidence and testimony were presented with respect to the application. 8. The Board finds that the Applicant has complied with applicable Land Use Code criteria. NOW, THEREFORE, BE IT RESOLVED by the Board that it does hereby grant a Master Plan Amendment, Growth Management Exemption, Special Review and 1041 Hazard Review approval to the Aspen Valley Hospital subject to the following conditions: 1. The applicant shall adhere to all material representations made in the application materials and at public meetings. 2. Prior to issuance of a building permit, the applicant shall provide the following: • Payment of a pro-rata share for improvements to Castle Creek Road and affected intersections as determined by the County Engineer, including but not limited to the Maroon Creek Road/Castle Creek Road/Highway 82 intersection. Said share shall be based on the traffic generation analysis approved by the County Engineer; • Payment of a pro-rata share for improvements to the Doolittle Drive intersection with Castle Creek Road, if traffic generation merits such improvements, as determined by the County Engineer. 1111111111111111111111111111111111111111111111111 III I 416797 0S/13/1998 11:16A RESOLUTI DAVIS SILVI 2 of 8 R 6.00 0 0.00 N 0.00 PITKIN COUNTY CO lZesclution No. 97-/ ( p created at the Page 3 provide ro rata share of any new bus stop Assurance o f willingness to P 82 intersection. Maroon Creek/Castle Creek/ Highway approved b the A fir itive dust control plan and an an' quality mitigation plan Y • g Environmental Health Department. tion and hospital employees; identifying parking for construe ' A stagmg Plan and location for topsoil sto be removed from the hospital and identification of construction traffic plan' site. Said plan shall be destination for soil which May approved by the CountyEngineer. cant material by genus and species, and A revised Landscaping Plan, identifying p height and/or caliper. Said plan shall also address weed control and be identifying g in a form acceptable to the approved by Land �agern Financial security shall be proded by the applicant to ensure the success of the vi County Attorney in lan. landscaping identied on the recorded forA cost estimate for the fiordlandgreview and approval prior to e applicant landscaping shall be Provided by issuance of a building Permit ent confirming their wMin�ess to serve the A letter from the Aspen Water Department 1 with all Water Departm • additional development. The applicant shall comply Ce that service. The applicant shall also provide assurance requirements for upgrading � to use ditch water t0 agate Proposed landscaping. they control adequate water righ licant shall provide documentation If water is not available via ditch rights, the app purposes. ve water source has been obtained for that an alternati irrigation Agreement from the City of Aspen, unless the applicant updated Water Service Agree that no such update is required; An Attorney confirming that all their provides a letter from the City A letter from Aspen Consolidated Sanitation�District at concerns 8m�.ng pollutants in the • requirements have been met and confirming addressed by the Hospital. AVH collection system have been adequately roVed by the Housing Office; for affordable housing units, to be aPP Floor plans of units shall be adequate to mitigate affordable housing Number and Categoryent roved as part of this application (as requirements relative to new developanm�o additional mitigation shall be provided in a determined by the Housino Board); the Board of County Commissioners. Prior to issuance of a form to be approved by and/or affordable housing units, deed certificate of occupancy for the office building erLT;t�:in ' units shall be recorded with the Asp restrictions for the affordable housing the Housing Office to qualified tenants in Housing Office. Units shall be leased by s or more. the event that they remain unoccupied for 30 day approval of the County Engineer. A linage and erosion control plan which meets the ap months of approve, the applicant shall submit revised Master Plan Mof ew 3 Within three building envelopes for areas Said map(s) shall identify Exhibits for recording• those uses approved as part of this amendment (including development, phasing ect to further review. A revised drainage plan additional Parking, and uses which are subJ Development shall be -- the County Engineer, shall be recorded concurrently• approved by envelopes on the recorded plans. limited to the areas identified within the building Pe 111111111111111111 111111111111ll11111111�,TI DAVIS SILVI ■31 of5 8 a 0.0010 a . ea % 0 00 PI'tX COtll17'� Co - • Resolution No. 971f Y Page 4 existing Exterior materials used for the Office Building f materials shall blend in with the non -reflective. f surrounding built and natural environment. Roo 1 tified on the recorded sites shall be reve etated with native grasses iden 5. The building () g landscape plan to limit water consumption and additional runoff. Revegetation shall occur season of project completion. All drainage from roofs and paved areas within one aimgrowing the use of dry wells, as delineated on the recorded drainage shall be detained on -site through plan. on shall comply with County lighting standards in effect at the time of 6. Outside illuminati shall be Prohibited. building permit issuance; Landscape lighting 7. New development shall be limited to natural slopes of 30 /o in grade or less. Development on steeper slopes shall be subject to further review. ' d professional foundations shall be reviewed and certified by a Colorado registered p 8. Building permit application. engineer. Foundation plans shall be submitted at the time of building peak nods 9. In the event that RFTA bus capacity is exceeded assess the consistent pro-rated share of on the Castle/Maroon Creek Routes, RFTA y sneeded to transport passengers to any additional costs RFTA incurs to provide capacity and from the Hospital campus during peak hours. ermit issuance for the medical office building the Hospital 10. within 12 months of building p and Zoning Commission, Clean Air Board, and shall present for review by the Planning o implement aid parking. Board of County Commissioners a lam 11. All utility extensions shall be buried and occur within the access roads and/or parking areas• applicant shall record a deed restriction which 12. Prior to issuance of a building permit, the space" prohibits further development or subdivision l� oe�area 1pian identified topthat effect. on the attached exhibit. A note shall also be p 13. e Medical Office Budding shall be owned by Aspen Valley Hospital or a non-profit corporation controlled by the Hospital Board• � b medical practitioners with hospital staff 14. The Office Building shall be occupied only y • privileges or non-profit, non-commercial medically oriented organizations, patients, and support staff. 15. There shall be no pharmacy as part of this office building. 1111111111111111 11111111111111113111111 1SA RESOLUTI NVIS SILVI 415797 as/ 13/1� 0,00N a 00 PITK114 COUNTY Co 4of aR0.00 4 • Resolution No. 97- Page 6 APPROVED AS TO FORM: John Ely, County Attorney PID# 2735-123-00-011 Case # P74-96 /avh/bcrs8132 APPROVED AS TO CONTENT: Cindy Houben, Community Development Director 1111111Hill Hill 111111111111111111111111gHill 1111 IN