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HomeMy WebLinkAboutcoa.lu.an.401 Castle Creek Rd.A064-021, , THE CITY OF ASPEN Oma of THE Cm ATToRNEY August 2, 2002 Glenn Horn Davis Horn, Inc. 215 S. Monarch St. Asepn, CO 81611 PC: AVH Annexation - Pre - Annexation Agreement r Dear Glenn: This is to acknowledge receipt of your letter dated July 29, 2002, in which. you forward a proposed pre - annexation agreement for the proposed annexation of the Apen Valley Hospital property. I note that the proposed pre - annexation agreement hardly makes any reference to the de- toxification 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, both of these issues are important considerations for the City for any discussions concerning the annexation of the Hospital's property into the boundaries of the City. 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 - properly consider these issues. You may wish to call the City Managers Office to schedule such a meeting. In the meantime, I am sure that the City's Community Development Department will review the sections of the pre - annexation agreement relating to County approvals which your clients wish the City to adopt as part of any annexation ordinance. ]:b SouTH GALENA STREET ASPEN, COLORADO 81611-1975 PHONE 970.920.5055 FAx 970.920.5119 fli W.n R",W Pepe, Glenn Horn August 2, 2002 Page 2 If you have any questiom 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- MailScanner: 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 forAVH 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 requestforthe hospital. I will convey these same points to him, built request thatyou 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 S6. CTS -cA., Gl�►•; .1�,� tv . 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. I • 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: is the Health & Human building? {, Op -Who the owner of services Q�- -Who is the owner of the land under H &HS? -Contact Twin Ridge HOA to determine if they would like to annex �u}, 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? C 0 Davis Horn - PLANNING & REAL ESTATE CONSULTING July 29, 2002 John P. Worcester Joyce Ohlson 130 South Galena Street Aspen, Colorado 81611 RECEIVED JUL 3 1 2002 ASPEN BUILDING DEPARTMENT 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, HORN INCORPORATED HORN AICP CC: Gideon Kaufman Paul Taddune Randy Middlebrook Worcester.l ALICE DAVIS, AICP I 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." 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 1/6 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 sue.; 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 so 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 (subparagraphs (g) and (h) of Paragraph 3 above have been V, -3- deleted) : A q (a) Expand Cafeteria and Kitchen; (b) Develop Space for Business Functions; (c) Develop Additional Space for Shops, Laundry and Storage; (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. S. 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'S 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- I 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. 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 sea., 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 LZ APPROVED AS TO FORM: ASPEN VALLEY HOSPITAL, a By City Attorney STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) By 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- M 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: \Cliear• \A" \pre -am Lion agr.wpd ME 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 Jr .. Yo.r Aininw l4i vauc inn. Post Office Roy 1730 Amen, Colorado 81612 970 925 2688 FEBRUARY 18, 2002 6 � r Exhibit A JOn Nn R9 -47 ASPE:: YriLjlSi'.' i7O CLTTTi TI�mnI`m AN-NEXATION DESCRIPTION _ (Supersedes Page 1 of Description dated 02.05.02) n TRACT Off` LAND SITUATED IN THE SOUTHEAST QUARTER OF SECTION 11, IN THE SOUTHWEST QUARTER OF SECTION 12 AND IN THE NORTHWEST QUARTER OF SECTION 13, ALL IN - TOWNSHIP 10 SOUTH, RANGE ifs WEST OF THE SIXTH PRINCIPAL i1ERIDI_AN, PITKIN COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS POLLOWS: T THEE CORNER h 1JOt'LtRDN TOO J.Ct.T1ON8 11 13 AND 14; THENCE. ALONG THE ROUNDAROP ASPEN VALILRY HVSPITAi. DISTRICT SUBDIVISION THE :ALLOWI tC COURSES AivD DISTANCES:. NORTH 00 623'00" EAST 392,21, FEET, NORTH 03 °00'00" WEST 1211.74 FEET, AND NORTH 87 607'00" EAST 333.97 FEET TO THE WEST RTr:HT..nF- WAY LINE OF CASTLE CREEK ROAD; THENCE NORTH 21 052'00" WEST 625.12 FEET ALONG THE UTAT RIGHT -OF -WAY LINE OF CASTLE CREEK ROAD TO THE INTERSECTION WITH THE SOUTH RIGHT -OF -WAY LINE OF :IkROON clkLE:K ROAD; THENCE NORTH 46'31'56` WEST 95.79 FEET ACROSS MAROON CREEK ROAD TO THE SOUTHEAST: CO_ NZR OF THE CITY THOMAS PROPVbmI � INEVnm10-. , •LY EXm 1 VSY j THENCE NORTE QO °13',0" W: ST 120.90 FEET ALONG THE AOi1NtiARV OF SAID CITY THOM.AS ROPERTY ANNEXATION TO THE TNTFRSECTION WITH THE SOUTH RIGHT -OF -WAY LINE OF COLORADO STATE. HIGHWAY NO. 82; THENCE 102.39 FF.F.T ALONG THE ARC OF ti CU< ^.VE TO T132 RIGHT HAVING A RA.DT[ ?S OF 1196.00 FEET T CENTRAL ANGLE OF 04 954'19" AND WHOSE CHORD BEARS NORTH 53 016' 10" WEST 102.36 FEET ALONG THE BOUNDARY OF SAID CITY THOMAS PROPERTY ANNEXATION AND ALONG THE SOUTH RIGHT- OF-WAY LINE OF SAID STATE HIGHWAY TO THE SOUTHERNMOST CORNER OF THE CITY /ZOLINE OPEN SPACE AND COL_ORAnO STATE HIGHWAY 82 ANNEXATION; THENCE NORTH 39 011'00" EAST 100.00 FEET ALONG THE BOUNDARY OF SAID ZOLINE ANNEXATION TO THE EASTERNMOST CORNER OF SAID ZOLINE ANNEXATION, SAID CORNER BEING ON THE SOUTH BOUNDARY LINE OF OPEN SPACE r� YALE 2 ANNEXATION DESCRIPT1uN (Supersedes Page 2 ui Descllptiun dated Feb. 5, 2002) ANNEXATION NO.! SDENTICAL WITH THE NORTH RIGUT-Or -WAY LINE OF SAID STATE HIGHWAY; THENCE. 204.33 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF !096.00 FEET, A CENTRAL ANGLE OF 10040'54" AND WHOSE CHORD BEARS SOUTH 56 009'27" EAST 204.03 FEET ALONG SAID SOUTH BOUNDARY LINE AND ALONG SAID RIGHT -OF -WAY LINE TO THE NORTHWEST CORNER O£ OPEN SPACE ANNEXATION NO.2; THENCE SOUTH 28 030'06" 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 ANNEXATION NO.2, IDENTICAL WITH THE EAST RIGHT -OF -WAY LINE OF CASTLE CREEK ROAD, THE FOLLOWING COURSES AND DISTANCES: SOUTH 16 636'00" EAST 135.87 FEET, SOUTH 20 05400" EAST 2006.31 FEET, AND SOUTH 32 210'00" EAST 67.10 FEET TO THE SOUTHERNMOST CORNER OF SAID ANNEXATION; THENCE SOUTH 30 °29'32" WEST 68.32 FEET ACROSS CASTLE CREEK ROAD TO THE EASTERNMOST- CORNER OF PARCEL A OF SAID ASPEN VALLEY HOSPITAL DISTRICT SUBDIVISION, SAID CORNER BEING IDENTICAL WITH THE POINT OF BEGINNING OF CITY WATER PLANT ANNEXATION N0.2; THENCE SOUTH 23 041'00" WEST 13.13 FEET ALONG THE WEST BOUNDARY OF SAID ANNEXATTON TO CORNER NO.2 OF SAID ANNEXATION: THENCE DEPARTING SAID WEST BOUNDARY SOUTH 25 °52'53' WEST 0.99 FEET TO CORNER NO.5 OF SAID ANNEXATION; THENCE SOUTH 22 028'59" 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 .HOSPITAL DISTRICT SUBDIVISION; THENCE ALONG THE SOUTH BOUNDARY LINE OF SAID PARCEL A THE FOLLOWING COURSES AND DISTANCES: NORTH 53 140'36" WEST 12.70 FEET, NORTH 23 °41'00" EAST 177.SO FEET, NORTH 66 019'00" WEST 330.47 FEET, AND NORTH 19 600'00" WEST 199.69 FEET TO THE WESTERNMOST CORNER OF SAID PARCEL A, SAID CORNER BEING ON THE SOUTH BOUNDARY LINE. OF PARCEL C OF SAID ASPEN VALLEY HOSPITAL DISTRICT SL'EDIVTSION; THENCE ALONG THE SOUTH BOUNDARY OF SAID PARCEL C THE FOLLOWING COURSES AND DISTANCES: SOUTH 71 °00'00" WEST 288.00 FEET, AND SOUTH 23 000'00" WEST 5200 FEET TO THE POINT OF BEGINNING. AR 600 ?AGE! IlJ 1 I CF G C , EXHIBIT „B„ J RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS SILVIA OAVIS r1TKIR CHTY RECORDER 1AUG N 40 n AN '89 OF PITKIN COUNTY, COLORADO GRANTING APPROVAL FOR THE ASPEN VALLEY HOSPITAL MASTER PLAN 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 land use 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 unmet Community health needs on or off of the Aspen Valley Hospital site; and IWHEREAS, the Board heard the AVH application at regularly scheduled meetings on July 11, 1989 at which time evidence and 1 BcoK _ 600 xzt 71 Resolution No. 89 -� Page 2 testimony was presented with respect to this application. i NOW, THEREFORE, 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 1 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. Resolution No. 89 89-7? BOON -600 PAGE? 72 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 redesigned so that driveway to Castle F 5. The Applicant shall develop appropriate of the Master Plan. to the Housing project shall be it is directly across from the ridge. work with the Housing Authority to employee deed restrictions as part 6. A detailed drainage plan for the new addition shall be submitted prior to the issuance of a Building Permit _(with 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 attempting to I formulate plans, and programs which address the anmet I Community health needs such as an inpatient psychiatric unit and holding facility and detoxification center and shall make recommendations within one year of Final I 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 "nordic" 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. is Resolution No. 89 -%Q, BOON 600 PAGE2 i 3 Page 4 13. The Applicant shall construct and maintain a path within the existing pedestrian and bicycle easements within two (2) years, to be reviewed and approved by the Planning Office and County Land Use Engineer. APPROVED by the Board at its regularly meeting on July 11, 1989. ATTEST: / JOY4f,1,41" jw� q6iiiette Jon eputy Count-r Clerk APPROVED AS TO FORM: /2-5ZIC301=nZ Attorney V MJL:das boccreso.avh BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COIARADO By Z 2 = Colette Penne, Chairman APPROVED AS TO CONTENT: jzV-4t /-�) Thomas M- Baker, Interim Planning Director Racludim No. 96 -�� EXHIBIT "C" Page 1 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITION COUNTY, COLORADO GRANTING APPROVAL TO THE ASPEN VALLEY HOSPITAL MASTER PLAN AMENNDiVIENT, AND GMQS EXEMPTION FOR 14,500 SQUARE FEET OF Lskgzi •X 11 ai i AND CONSTRUCTION OF A 5,500 SQUARE FOOT EXPANSION TO THE EXISTING HOSPITAL BUILDING Resolution No. 96- 285 1. the Aspen Valley Hospital District, hereinafter "Applicant ", has applied to the Board of County Commissioners of Pitlaln County, Colorado, hereinafter "Board ", for the following land use approvals: _ • Master Plan Amendment; and • Essential Community Facility GMQS Exemption for 14,500 square feet of interior remodeling and construction of a 5,500 square foot expansion to the 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 existing 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 wing to allow an expanded, in- hospital program. 10/'5/1996 01:15R Fir, 1 OF 6 REC DOC NOT _.. -• 0� u ar rnanPR 0. 00 l..* Rpoiudon No. 96ji6 Page 2 3. The applicants' parcel is zoned PUBLIC and contains approximately 19 4. Said parcel is located at 0401 Castle Creek Road, more specifically descibed in Exhibit 14A," attached. 5. The BOCC has approved Resolution Nos. 87-81, 87 -121, 89-79,91-119, 91- 144, 92 -11, and 92 -379 with respect to Hospital land use reviews since 1987. 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. 7. The Board heard this application at regular meetings on August 28 and September 24, 1996 and at a Special Meeting on September 30,1996, at which time evidence and testimony was 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 J•• • • •- • ••• • -I • 11+11.1• -• .I• • G .11 -•MU w11 �,wWO)IMIN the Aspen Valley Hospital subject to the following conditions: 1. The • ...1 shall adhere to all material . -1. Y.1.. 1 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, f� it �j Ra finim No. 96%2gj' Page 3 b. Payment of a pro -rata 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/ffighway 82 intersection; Said share shall be based on the traffic generation analysis approved by the County Engineer; C. 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 minimma that the applicant shall: 1) work with the Highlands and the School District to create anew bus stop t--at the Highway 82/Maroon/ Castle intersection that would allow up and down 4f— 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 3) provide incentives for employees to car -pool; and 4) continue to assist the County/City in the plowing of the current bike path on Hospital property; and 5) provide company bicycles for those employees needing to nm errands during the day. d. 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 rnav be removed from the hospital site. Said plan shall be approved by the County Engineer. e. 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 building permit f. 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. g. 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; h. 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. Resolution No. 9(4 f e Page S APPROVED AND ADOPTED ON THE 23RD DAY OF OCTOBER, 1996. BOARD OF COUNTY COM MSIONERS _ OF PITM COUNTY, COLORADO APPROVED AS TO FORM: Joh y, County Attorney PM4 2735- 123 -00 -011 Case 9 P74-96 BY James R. Tree, Chairman Date /b- 2 `f' - 4 4 APPROVED AS TO CONTENT: 7 T Cindy Houben, Community Development DQaetor Legal Description eA t=act Of land in the SW 1/4 of the SW 1/4 and the NW 1/4 of the SW 1/4 of Section L2, both of Township 10 South, Range 85 West, 6th Principal Meridian, County of Pitkin, Stata of Colorado, mara fully desci hed as-follows: Beginning at a point which is the corner canon to Sections 11, LZ, 13, and L4, T.10 S., R.35W., 6th P.M.; 1. Thence N. 00'23'00" E. 392.2.1 feet: 2. Thence N. 03000'00" W. 12 1.74 feet: 3. Thence N. 87'07100" E. 333.97 feet: 4. Thtnca S. 21'52'00" E. 134.98 feat: S. Thence S. 21023'00" E. 1269.11 feet: 6.- — mnca 5. X'00'00" W. 809.Z6 feat; 7. Thence S. 23'00'00" W. 52.80 feet: to the Point of Beginning. Pa_;al C, as desc=ihed above, captains 19.102 aces more or less. 10/25/1996 01:15P PG 6 OF 6 EXHIBIT "D" — RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN 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 -A�L 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 listed 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. 3. 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 is 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. I'I I'lII'I III "I'� II'I III 111111 111111111 Illll Ifll M 404232 8S/00/19Y7 01:58P RESOL010" 1 of 3 R 0.00 0 0.00 N 0.00 PITKIN Cot fry CLERK Resolution No. 97 -�1 Page 2 APPROVED AND ADOPTED on the 23rd day of April, 1997. PUBLISHED AFTER ADOPTION IN EL�00 AcpIN TIMES ON THE DAY OF 1997. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITHIN COUNTY, COLORADO B J ette Jones, Bill 'te, Chairm Deputy County Clerk Date: APPROVED AS TO FORM: APPROVED AS TO CONTENT: n John Ely, Cindy Houben, County Attorney Community Development Director avhminrs.doc I milli Hill 1111111111111111111111111111N Hill 11111111 401232 07/00/1997 01:00P RE5=1QN 2 of 3 R 0.00 0 0.00 N 0.00 PITKIN CouRry CLERK EXtIIB1 I� T "E^ RESOLUTION OF THE BOARD OF COUNTY OF PTI KIN COUNTY, COLORADO GRANTING APPROVAL TO THE ASPEN VALLEY HOSPITAL MASTER PLAN AMENDMENT, GMQS EXEMPTION, 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 Building; and • GMQS Exemption for Affordable Housing Units and Senior Housing Units; and • 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. 11111111111111111 111111 1111111111111111111111111111 IN 416707 00/13/100! 11:1W RESOLUTI ORVIS SILVt 1 of 6 R 0.00 D 0.00 N 0.00 MKIN COUNTY CO Resolution No. 97- Y Page 2 l 3. The applicant's parcel is zoned PUBLIC and contains approximately 19 acres.. 4. Said parcel is Iocated at 0401 Castle Creek Road, more specifically described in Exhibit "A," attached. 5. The BOCC has approved Resolution Nos. 87 -81, 87 -121, 9 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 schedu led 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. HOW, 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. 111111111111 HIS 111111111111111111111111111111111 IN 416797 09/13/1990 11:16A RESOLUTI DAVIS SILVI 2 of 8 R 0.00 0 0.00 N 0.00 PITKIN COUNTY 00 Resolution No. 97 -/Y Page 3 • Assurance of willingness to provide pro rata share of any new bus stop created at the Maroon Creek/Casde Creek/ Highway 82 intersection. • A fugitive dust control plan and an air quality mitigation plan approved by the Environmental Health Department • A staging plan identifying 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 Engineer. • A revised Landscaping Plan, identifying plant material by genus and species, and identifying height and /or caliper. Said plan shall also address weed control 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 the landscaping shall be provided by the applicant for review and approval prior to issuance of a 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 assurance that they control 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 City Attorney 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. • Floor plans for affordable housing units, to be approved by the Housing Office; Number and Category of units shall be adequate to mitigate affordable housing requirements relative to new development approved as part of this application (as determined by the Housing Board); and/or additional mitigation shall be provided in a form to be approved by the Board of County Commissioners. Prior to issuance of a certificate of occupancy for the office building and/or affordable housing units, deed restrictions for the affordable housing units shall be recorded with the Aspen/Pitkin Housing Office. Units shall be leased by the Housing Office to qualified tenants in the event that they remain unoccupied for 30 days or more. • A drainage and erosion control plan which meets the approval of the County Engineer. 3. Within three months of approval, the applicant shall submit revised Master Plan Map Exhibits for recording. Said map(s) shall identify building envelopes for areas of new development, phasing, those uses approved as part of this amendment (including additional parking) and uses which are subject to firther review. A revised drainage plan approved by the County Engineer, shall be recorded concurrently. Development shall be limited to the areas identified within the building envelopes on the recorded plans. 1111111 l 1111111 11111111111111111111111111 11111 I I I{ IN 415707 06/13/1M 1111!17 NESOLUTI DAVIS SILVI - - a me 0 8.00 N 0.00 PITKIN MOM CO Resolution No. 97 -/f Page 4 4. Exterior materials used for the Office Building shall blend in with the existing surrounding built and natural environment. Roof materials shall be non - reflective. 5. The building site(s) shall be revegetated with native grasses identified on the recorded landscape plan to limit water consumption and additional runoff. Revegetation shall occur within one growing season of project completion. All drainage from roofs and paved areas shall be detained on -site through the use of dry wells, as delineated on the recorded drainage plan. 6. Outside illumination shall comply with County fighting standards in effect at the time of building permit issuance; Landscape lighting shall be prohibited. 7. New development shall be limited to natural slopes of 30% in grade or less. Development on steeper slopes shall be subject to further review. 8. Building foundations shall be reviewed and certified by a Colorado registered professional engineer. Foundation plans shall be submitted at the time of building permit application. 9. In the event that RFTA bus capacity is exceeded on a consistent basis during peak periods on the Castle/Maroon Creek Routes, RFTA may assess the Hospital a pro-rated share of any additional costs RFTA incurs to provide capacity needed to transport passengers to and from the Hospital campus during peak hours. 10. Within 12 months of building permit issuance for the medical office building the Hospital shall present for review by the Planning and Zoning Commission, Clean Air Board, and Board of County Commissioners a plan to implement paid parking. ■ 11. All utility extensions shall be buried and occur within the access roads and/or parking areas. I2. Prior to issuance of a building permit, the applicant shall record a deed restriction which prohibits firther development or subdivision of the meadow area identified as "open space" on the attached exhibit. A note shall also be placed on the master plan exhibit to that effect. 13. The Medical Office Building shall be owned by Aspen Valley Hospital or a non -profit corporation controlled by the Hospital Board. 14. The Office Building shall be occupied only by medical practitioners with hospital staff privileges or non- profit, non - commercial medically oriented organizations, patents, and support staff. 15. There shall be no pharmacy as part of this office building. 11111111111 HIS 11111111111111111111110 11111111 IN I . 4 off 5 830.0010 0.06 N60.000 PI ZNCOCOUNTY CC 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: /'/.2. Cindy Houben, Community Development Director 111111111111111111111111111111111111111111 HIM 11111111 415797 2W1311M M1001 Off& TI ORVIS SILVI 6 of 5 R 5.00 13 5.00 N 0.00 PITKIN COUNTY CO