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Home My WebLink AboutLand Use Case.201 N Mill St.0023.2009.ASLUI9232009 ASL~~ I - 273707317010028 EXTENSION OF VESTED RGTS - Â·,Â·PA P ..... -4 ..5 1 ..4...3 492) , .9 2.,iâ‚¬44*2 2. 5 fle. AL, Al eb Il,lth ,t.. . ' '~ 3-4-22,1- r.fj$,â€¢5,.1 ' r ' - . 1 R**21-.- A ':. ,â€¢â€¢' 1 - - I I Erl .. THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0023.2009.ASLU PARCEL ID NUMBER 2737 07 31 70 10 028 PROJECTS ADDRESS 201 N. MILL STREET PLANNER ERRIN EVANS CASE DESCRIPTION EXTENSION OF VESTED RIGHTS REPRESENTATIVE HERB KLEIN DATE OF FINAL ACTION 08.13.2009 CLOSED BY Angela Scorey on 10/29/2009 .. DEVELOPMENT ORDER ofthe City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, 'Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this order is the date of publication of the notice of this approval. The vested property right shall expire on February 14, 2015, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Jerome Professional Building Condominium Owners Association, 201 N Mill Street, Aspen, Colorado, 81611, represented by Herb Klein of Klein. Cote & Edwards, 201 N Mill Street, Aspen Colorado. Property Owner's Name, Mailing Address and telephone number Jerome Professional Building, Aspen, Colorado, more commonly known as 201 North Mill Street . Legal Description and Street Address of Subject Property The Applicant received approval for an extension of vested rights to until February 14,2015 to construct a new building containing commercial/office space, five free market units, five affordable housing units and sub grade parking. Written Description of the Site Specific Plan and/or Attachment Describing Plan On JanuarY 148, 2008, the City Council approved Ordinance No.25, Series 2007 and then on July 27 , th 2009, the City Council approved an extension of those vested right until February 141 2015 with the approval of Resolution No. 42, Series of 2009. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) th August 9 , 2009. Effective Date of Development Order (Same as date of publication of notice of approval.) th February 14 . 2015. Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 ofthe City of Aspen Municipal Code.) th Issued this 13 day of August, 2009, by the City of Aspen Community Develooment Director. ObIAL Chris Bendon, Community Development Director .. 1.1,11 1 . .1 .40,110 1 1 1 1 1, I ni".+ ... 1 Â·â€¢ XyljildL Eile Edit Record Navigate Fgrm Reports Format Iab Help :* fIJJQF. t'Â©/ h : , Da itl - i 51..2 439 2-1 jij .3 - : 94 4 > 33 -g) 06 lump t :* fte, - A' <1*6 ; e ./.4 Â¥A W 't. . I. : .3 43 M U d 3 6 : '1".r_) 2 (9 43 /1 1;><. Main ~ Custom Fields Fees ' Fee SummarM 1 Valuation I MET Routing History Conditions ' Parcels Sub Permits | Permit Type :1 . ~ Permit # ]0023.2009.ASLU Address j201 N MILL ST .j Apt/'Suite ~ Citp ]ASPEN State,CO ~ Zip |81611 g| ~Permit In(ui~~diuri M aster Permit I Routing Queue ~aslu07 Applied ~03/24/2009 ~ Prolect ~ Status j pending Approved | f 223 - Description EXTENSION OFVESTED RIGHTS Issued ~ Final ~ r Submitted |HERB KLEIN 925-8700 Clock |Running Days E--T Expires ]03/19/2010 Last Name iKLEIN HERBERT S -3 First Name ~ 1201 N MILL ST ~ASPEN CO 81611 Phone j P Owner Is Applicant? Appliudill Last Name |KLEIN HERBERT 5 -3 First Name | 201 N MILL ST -. ASPEN CO 81611 Phone ~ Cust # ~28531 .Elt 0,0:Q:1 Lei idel Last Name | -j First Name| Phone~ Enter the permit type code 6Â»9 60\7 3 ~ snoN 30!noll xoqlooll| sdnoig gel ~ 0023. 62009. ASUL .. ATTACHMENT 2-LAND USE APPLICATION PROJECT: Name: Jerome Professional Building 201 North Mill Street, Aspen, Colorado 81611 Location: (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 2737-073-17-010 through 2737-073-17-028 APPLICANT: Name: Jerome Professional Building Condominium Owners Association Address: 201 North Mill Street, Aspen, Colorado 81611 Phone #: 925-8700 Attention: Herb Klein REPRESENTATIVE: Name: Herb Klein Address: 201 North Mill Street, Suite 203 Phone #: 925-8700 TYPE OF APPLICATION: (please check all that apply): E GMQS Exemption U Conceptual PUD U Temporary Use U GMQS Allotment U Final PUD (& PUD Amendment) U Text/Map Amendment D Special Review U Subdivision E Conceptual SPA J ESA- 8040 Greenline, Stream U Subdivision Exemption (includes U Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane E Commercial Design Review U Lot Split U Small Lodge Conversion/ Expansion U Residential Design Variance U Lot Line Adjustment U Other: extension of U Conditional Use vested rights EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Existing office building - approvals granted for re-development PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Extension of vested rights Have you attached the following? FEES DUE: S E Pre-Application Conference Summary E Attachment #1, Signed Fee Agreement U Response to Attachment #3, Dimensional Requirements Form N/A E Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards 2 3-D Model for large project N/A All plans that are larger than 8.5" XI 1" must be folded. A disk with an electric copy of all writil#~e* 1-~4/ t:D (Microsoft Word Format) must be submitted as part of the application. Large scale projects shoutd includedn electronic 3-D model. Your pre-application conference summary will indicate i*you must submit a 3-D model. Pirt, i U -_ 20 09 L,i Â¥ Or AbFCN ijiMUNITY DEVELOPMENT .. CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Errin Evans, 429-2745 DATE: 03.23.2009 PROJECT: 201 N. Mill Street (Jerome Professional Building) - Extension of Vested Rights REPRESENTATIVE: Herb Klein Tel: 925-8700 DESCRIPTION The Applicant would like to request an extension of vested rights for the Jerome Professional Building project. The project consists demolishing the existing building and constructing commercial/office space, sub grade parking, three affordable housing units, and six free market units. The applicant would like to apply to extend the vested rights of the project to secure financial commitments. To receive an extension of vested rights, the applicant must submit an application to Council for approval by resolution at a public hearing. Land Use Code Section(s) 26.304.030 Common Development Review Procedures 26.308.010 Vested Property Rights http://www.aspenpitkin.com/depts/38/citycode.cfm Review by: - Staff for complete application - Referral agencies for technical considerations - City Council Planning Fees: $1470 Deposit for 6 hours of Staff time (additional planning hours over deposit amount are billed at a rate of $245/hour). Total Deposit: $1470 To apply, submit the following information: 1. Total deposit for review of the application. 2. Proof of ownership. 3. Completed Land Use Application Form. 4. A letter signed by the applicant, with the applicant's name, address and telephone number in a letter signed by the applicant, which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 5. Signed fee agreement. 6. Pre-application conference summary. 7. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 8. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. 9. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 10. Additional application material as required for each specific review. (See application packet and land use code) 11. Approved development plans on which vested rights are to be extended. 12. Copies of prior approvals. 13. 10 Copies of the complete application packet and maps. .. KLEIN, COTE & EDWARDS, LLC ATTORNEYS AT LAW HERBERT S. KLEIN hsk@kcelaw.net 201 NORTH MILL STREET, STE. 203 LANCE R. COTE, PC* Irc@kcelaw net ASPEN, COLORADO 81611 JOSEPH E. EDWARDS, III, PC jee@keelaw.net TELEPHONEÂ· (970) 925-8700 EBEN P CI.ARK epc@keelaw.net FACSIMILE: (970) 925-3977 MADHU B. KRISHNAMURTI mbk@kcelaw.net * also admitted in California March 23,2009 City of Aspen City Council 0/0 Errin Evans, Planner 130 S. Galena Street, 3rd Floor Aspen5 CO 81611 RE: Application for Extension of Vested Rights for Jerome Pro fessional Building Redevelopment and Subdivision - 201 N. Mill St., Aspen Project ("the Project") Dear Council Members: This letter is submitted on behalf of the Jerome Pro fessional Building Condominium Association as the Applicant on behal f of the owners of all the units in the existing Jerome Professional Building. An extension of the vested rights period for the Project for an additional three year period is requested. This letter provides the written description o f the request and an explanation o f how the proposal complies with the City of Aspen Land Use Code. The Applicant's address is 201 North Mill Street, Suite 203. The Project includes Parcel Identification Numbers 2737-073-17-010 through 2737-073-17-028.. This firm is authorized to act on Applicant's behalf with regard to the Project. The Applicant is authorized to represent the owners of the individual condominium units in the Project. The list of owners and their units is attached at Exhibit 1. By this letter, our firm certifies that, based on our review o f title to the property, the present owners are those shown on Exhibit 1. The Project was approved for redevelopment pursuant to Ordinance 25, Series of 2007. Ordinance 25, was adopted by City Council on January 14,2008 and granted vested rights for three years. Approximately two years remains on these vested rights. The Applicant is requesting an extension of the vested rights due to the nation-wide economic crisis which is presently affecting its ability to pursue the redevelopment. Our architects have informed us that it will take approximately eighteen to twenty-four months to complete plans, obtain permits and construction bids. As a result, in order to obtain permits and begin construction within the remaining vested rights period, significant financial commitments must be made immediately to pursue the redevelopment. We have spoken with several lenders and one has indicated some interest in providing financing, but is requiring significant presales .. City o f Aspen City Council March 23,2009 Page 2 0 f 4 as a condition of making a construction loan. We have spoken with a couple of real estate brokers who have informed us that in the current market environment, presales are not likely to be obtained for some time. The costs for the preparation of construction plans for obtaining a permit are in excess of $600,000, most of which will need to be financed. Given these factors, it is apparent that more time is needed before development of the Project can proceed. The requested Extension of Vested Rights complies with the specific provisions o f the City of Aspen Land Use Code. Section 26.308.010(C)(2) ofthe Code provides: The City Council may by resolution, at a public hearing noticed by publication, mailing, and posting (See section 26.304.060(E)(3)(a)(b)(c)) approve an extension or reinstatement of expired vested rights or a revoked development order . . .. (Emphasis added). 1. In reviewing a request for the extension or reinstatement of vested rights the City Council shall consider, but not limited to, the following criteria: a. The applicant' s compliance with any conditions requiring performance prior to the date of application for extension or reinstatement; b. The progress made in pursuing the Project to date including the effort to obtain any other permits, including a building permit, and the expenditures made by the applicant in pursuing the Project; c. The nature and extent of any benefits already received by the city as a result of the Project approval such as impact fees or land dedications; d. The needs of the city and the applicant that would be served by the approval of the extension or reinstatement request. This Application meets each of the above criteria as follows: Criterion: The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement: Response: The Applicant has met all conditions imposed by Ordinance 25 which required performance to date. In particular, the Applicant and the City have entered into the Subdivision Agreement referred to in Section 2 of Ordinance 25 and it was recorded on August 1, 2008, at Reception No. 551554. Criterion: The progress made in pursuing the Project to date including the effort to obtain any other permits, including a building permit, and the expenditures made by the applicant in pursuing the Project: Response: Applicant has diligently pursued the Project to date including: drafting and finalizing the Subdivision Agreement; obtaining estimates of architectural and .. City of Aspen City Council March 23,2009 Page 3 0 f 4 engineering costs for the preparation of plans; meeting with lenders to discuss the requirements for financing the project; and, meeting with real estate brokers to learn of the prospects for obtaining the necessary pre-sale contracts in order to satisfy lending requirements. Expenditures for architectural, engineering work and planning fees to date are in the range of $150,000. Criterion: The nature and extent of any benefits already received by the city as a result of the Project approval such as impact fees or land dedications: Response: Because a building permit for the Project has not yet been issued, impact fees applicable to the Project are not yet due and no other benefits have been received by the City. Criterion: The needs of the city and the applicant that would be served by the approval o f the extension or reinstatement request. Response: At the time of the Project's approval by City Council, several council members expressed strong support for the Project's benefits. The Project offers affordable housing in excess of the requirements of the Land Use Code and its innovative parking and car-sharing proposal was heralded as a model for future projects. The redevelopment of the existing aging building will provide much needed affordable housing for on-site workers and the commercial space will aid in providing a new and vibrant link between the commercial core and the much used, but under served pedestrian corridor running down North Mill Street from Main Street to Clark's Market and the Post Office. The new free market units will allow residential uses in Town where infrastructure already exists to serve them. The architecture of the Project was also viewed by Council as an attractive addition to this area of town, which is adjacent to the public library, public parking garage, Rio Grande Park and the proposed civic center facilities presently undergoing planning for future development. In addition, the Applicant asks Council to consider the time and resources already dedicated to this Project by the Community Development Department staff and both the Planning Commission and the City Council. Requiring the Applicant and the City to work through the applicable processes again would not be an efficient use of City resources. Based on the foregoing, this Application meets each of the stated requirements for an extension of vested rights. The grant of an extension will allow the Project to proceed as planned once the current economic crisis has passed and lending and real estate sales pickup. Therefore, Applicant requests the grant of the requested extension of vested rights. Thank you for your consideration of this application. Sincerely, .. City of Aspen City Council March 23,2009 Page 4 0 f 4 KLEIN, COTE & EDWARDS, LLC ''7 Ilerbert S. Klein .. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Jerome Professional Building Condominium (hereinafter APPLICANT) AGREE AS FOLLOWS: Owners Association 1. APPLICANT has submitted to CITY an application for extension of vested rights (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 48 (Series of 2006) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 1,470 which is for 6 hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $235.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. Jerome Professional Building CITY OF ASPEN APPLICANT Condominium#Â¢Gners Association By: By: ,/V Chris Bendon } Herbert S. Klein, Vice President Community Development Director Date: l Billing Address and Telephone Number: Required 201 N. Mill St., #203 Aspen, CO 81611 (970) 925-8700 C:\Documents and Settings\johannahr\Desktop\LUFeeAgree.doc Mic, 04134(34 ... Â· Mappoint" -Â»'/ 3:1'.: , t I Â°'7}.*99, - ~CO .%.bl. ,~ â‚¬: 2...6. 9,2 : 29 120 ' r Ut .-.... 1 4. 4 , 1 ? .-2- ~A+. 4 ,- . rFMAA .- \ I 201EP+Mill St, AspentÂ« 41 7... ./ 0.4. il-ki 7**4492_& s?9 Â·+1;4. Â· Â·- Â·L '01909 3%: . F <CO 8 16 11 f <'c- Slerkpit ~ 2 315. - 7-<<Un# -f -11. ; 10.41,01- 4, .. 4.11- - 742.1 : ~--~-- - 9* L.:JÂ· 0 45 9- ... i Aspen 3 821 92> - .f :. 9 1,1-19.177 .341 &13:-/ 12.- . e*% 12. 24Â£. '45' - Â£ . Â·Â· White River p - tlational 10 -~â€žw.1 ' L '02293-31-i,J~ ~~~,3~13~-440-i ~Â© Forest Â·27... 4?80 62.- - - Â·Â·- 6 tridr"9-342 f . i -ivil.64 AÂ· ?' 2 22200.6 Mictosortuotp Â©2004 NAVTEQ ;.3ndforGDT,Inc: n. . C... it. 15:..Donlds- .. JEROME PROFESSIONAL BUILDING CONDOMINIUM ASSOCIATION, INC. 201 N. Mill Street, Suite 201 Aspen CO 81611 (970) 925 6300 (970) 925 1181 fax March 23,2009 Errin Evans Community Development Department City of Aspen 130 S. Galena Street 3rd Floor Aspen, CO 81611 Re: Jerome Professional Building Application for Extension of Vested Rights Dear Ms. Evans: This letter will confirm that Herb Klein, Joe Krabacher and Haas Land Planning are authorized to represent the owners of the Jerome Professional Building, with respect to the application for the extension of vested rights for the Jerome Professional Building, and allland use matters related thereto. If you have any questions, please feel free to contact me at the address above. JEROME PROFESSIONAL BUILDING CONDOMINIUM ASSOCIATION, INC. By: Herbert S. Klein, Vice President .. KLEIN, COTE & EDWARDS, LLC ATTORNEYS AT LAW HERBERT S. KLEIN hsk@kcelaw.net 201 NORTH MEL STREET, STE. 203 LANCE R. COTE, PC* Irc@kcelaw.net ASPEN, COLORADO 81611 JOSEPH E. EDWARDS, HI, PC jee@kcelaw.net TELEPHONE: (970) 925-8700 COREY T. ZURBUCH ctz@keelaw.net FACSIMILE: (970) 925-3977 EBEN P. CLARK epc@kcelaw.net www.kcelaw.net MADHU B. KRISHNAMURTI mbk@kcelaw.net DAVID C. UHLIG dcu@kcelaw.net * also admitted in California March 24,2009 City of Aspen Community Development Department 130 S. Galena St. Aspen, CO 81611 Re: Title Certification - Proof of Ownership - Jerome Professional Building Condominiums. Dear Sir or Madam: The undersigned attorney hereby certifies that title to the condominium units in the Jerorne Professional Building Condominiums, located at 201 N. Mill Street, Aspen, Colorado, are held by the persons and the entity as set forth in the attached Exhibit A. The Property is described as all of the condominium units in the Jerome Professional Building Condominiums, according to the Plat recorded at Plat Book 9, Page 72 and iii the Condominium Declaration recorded iii Book 393 at Page 773, of the records of the clerk and recorder of Pitkin County, Colorado. The condominium units owned by Karl G. Larson are subject to the lien ofa deed of trust in favor of JP Morgan Chase Bank. The condominium units owned by B. Joseph Krabacher and Susan S. Krabacher are subject to the lien of a deed oftrust in favor of Wells Fargo Bank, N.A. All easements affecting the condominium units are shown on the Plat and in the Condominium Declaration. Very truly yours, KLEIN, COTE & EDWARDS, LLC 1 J By: %9-,--2 Herbert S. Klein Attachment Parcel Multiple Search Resul~ Page 1 of 2 Pitkin County Assessor/Treasurer Search Results Assessor/Treasurer Property Search I Assessor Subset Query 1 Assessor Sales Search Clerk & Recorder Reception Search Legal Description: Subdivision Search The following parcels were selected. The records are sorted by ParcelNumber. To display detail information for a selected parcel, click on the respective Account Number. Account Number Parcel Number Owner Name Physical Address Legal Description R009525 273707317010 S & A EQUIPMENT COMPANY 201 N MILL ST ASPEN CONDO: JEROME PROFESSIONAL UNIT: 1-A R009526 273707317011 LARSON KARL G&M MADELEINE 201 N MILL ST ASPEN CONDO: JEROME PROFESSIONAL UNIT:1-B R009527 273707317012 LARSON KARL G&M MADELEINE 201 N MILL ST ASPEN CONDO: JEROME PROFESSIONAL UNIT: 1-C R009528 273707317013 LARSON KARL G&M MADELEINE 201 N MILL ST ASPEN CONDO: JEROME PROFESSIONAL UNIT: 1-D R009529 273707317014 LARSON KARL G&M MADELEINE 201 N MILL ST ASPEN CONDO: JEROME PROFESSIONAL UNIT: 1-E R009530 273707317015 LARSON KARL G&M MADELEINE 201 N MILL ST ASPEN CONDO: JEROME PROFESSIONAL UNIT: 1-F R009531 273707317016 LARSON KAR_L G&M MADELEINE 201 N MILL ST ASPEN CONDO: JEROME PROFESSIONAL UNIT: 1-G R009532 273707317017 LARSON KARL G&M MADELEINE 201 N MILL ST ASPEN CONDO:JEROME PROFESSIONAL UNIT: 1-H BK:0413 PG:0462 BK:0752 PG:0098 R009533 273707317018 LARSON KARL G&M MADELEINE 201 N MILL ST ASPEN CONDO:JEROME PROFESSIONAL UNIT: 1-I BK:0395 PG:0269 BK:0752 PG:0098 R009534 273707317019 KRABACHER B JOSEPH & SUSAN S 201 N MILL ST ASPEN CONDO: JEROME PROFESSIONAL UNIT:2-A R009535 273707317020 KRABACHER B JOSEPH & SUSAN S 1 11 1 http://www.pitkinassessor.org/assessor/ParcelMultipleResults.asp 3/23/2009 Parcel Multiple Search Result~ Page 2 of 2 ~201 N MILL ST ASPEN ~ CONDO: JEROME PROFESSIONAL UNIT:2-B ~ R009536 273707317021 KRABACHER B JOSEPH & SUSAN S 201 N MILL ST ASPEN ~ONDO: JEROME PROFESSIONAL UNIT:2-C R009537 273707317022 KRABACHER B JOSEPH & SUSAN S 201 N MILL ST ASPEN CONDO: JEROME PROFESSIONAL UNIT:2-D R009538 273707317023 KRABACHER B JOSEPH & SUSAN S 201 N MILL ST ASPEN CONDO: JEROME PROFESSIONAL UNIT:2-E R009539 273707317024 KLEIN HERBERT S & MARSHA L 201 N MILL ST ASPEN CONDO: JEROME PROFESSIONAL UNIT:2-F R009540 273707317025 KLEIN HERBERT S & MARSHA L 201 N MILL ST ASPEN CONDO: JEROME PROFESSIONAL UNIT:2-G R009541 273707317026 KLEIN HERBERT S & MARSHA L 201 N MILL ST ASPEN CONDO: JEROME PROFESSIONAL ZINIT:2-I R009542 273707317027 KLEIN HERBERT S & MARSHA L 201 N MILL ST ASPEN CONDO:JEROME PROFESSIONAL UNIT:2-J BK:0507 PG:0396 BK:0510 PG:0588 BK:0540 PG:0788 BK:0752 PG:0121 R009543 273707317028 KLEIN HERBERT S & MARSHA L 201 N MILL ST ASPEN CONDO: JEROME PROFESSIONAL UNIT:2-K 19 Record(s) Displayed. Top of Page Assessor Database Search Options I Treasurer Database Search Options Pitkin County Home Page .....~ The Pitkin County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor and Treasurer's Offices are unable to warrant any ofthe information herein contained. Copyright Â© 2008 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. http://www.pitkinassessor.org/assessor/ParcelMultipleResults.asp 3/23/2009 RECEPTION#: 548626, 04/28/9008 at 08:56:30 AM, 1 OF 11, 16 $56.00 Janice K. Vos Caudill, ~tkin County, CO ~ ORDINANCE NO. 25 (SERIES OF 2007) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING WITH CONDITIONS SUBDIVISION REVIEW AND VESTED PROPERTY RIGHTS FOR THE JEROME PROFESSIONAL BUILDING REDEVELOPMENT AND SUBDIVISION LOCATED AT 201 NORTH MILL STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel Nos. 2737-073-17-010 through 2737-073-17-028 WHEREAS, the Community Development Department received an application from all of the owners and directors of the Jerome Professional Building Condominium Association, Inc., requesting of the Planning and Zoning Commission three (3) Growth Management ~eview approvals, Commercial Design Review approval, Special Review approval and a recommendation of approval for Subdivision to redevelop a building known as the Jerome Professional Building located at 201 N. Mill Street; and, b WHEREAS, the growth management reviews were for approval for a new mixed-use building which contains 10,750 sq. ft. of net leasable area, approval for the development of six (6) free-market residential units totaling a Floor Area Ratio of .87:1, and approval for the Development of three (3) affordable housing units with a total of 3,099 sq. ft. o f net livable area; and, WHEREAS, as part o f the land use review, the Applicant requested Commercial ~sign Review approval for the proposed mixed-use building; and, WHEREAS, the Applicant also requested Special Review approval to increase the individual floor area ratios (FAR) for both the commercial and free-market multi-family use of the property. The effective zoning at the time of application allows an overall cap of 2: 1 (24,000 sq. ft.) for the entire parcel and permits an applicant to request, through Special Review, an increase in both the free-market multi-family use and commercial use of the property from .75:1 to a maximum of 1:1. For the commercial use, the Applicant requested an increase from .75:1 to .88.1 (or an additional 1,515 sq. ft. in floor area) and for the free-market multi-family use, the Applicant requested an increase from.75:1 to .87:1 (or an additional 1,442 sq. ft. in floor area); and, WHEREAS, the Applicant requested a recommendation by the Planning and Zoning Commission of subdivision approval because the development of multi-family dwelling units requires approval of subdivision pursuant to the definition of subdivision in the City's land use code; and, WHEREAS, the Planning and Zoning Commission reviewed the application at a public hearing on August 1, 2006, and upon recommendation o f the Community Development Department, continued the public hearing to August 15,2006; and, RECEPTION#: 548626, 04/2~~008 at 08:56:30 AM, 2 OF 11, ~ Janice K. Vos Caudill, F~in County, CO WHEREAS, upon further review o f the application at the August 15th continuance, the Planning and Zoning Commission considered the development proposal under the applicable provisions of the Municipal Code as identified herein, reviewed and considered the recommendation of the Community Development Director, and took and considered public comment at a duly noticed public hearing; and, WHEREAS, on August 15, 2006, via Resolution No. 26 (Series of 2006), the City of Aspen Planning and Zoning Commission found that the development proposal meets or exceeds all applicable development standards and that the approvals and recommendation of approval of the land use requests were consistent with the goals and objectives ofthe Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission granted approval of the three (3) Growth Management Review requests; the Commercial Design Review request; and the Special Review request. The Planning and Zoning Commission also recommended approval of the Subdivision request to allow for the development of a mixed-use building that contains 10,750 sq. ft. of net leasable area and a commercial F.A.R of.88:1, six (6) free-market units totaling a Floor Area Ratio of.87:1, and providing three affordable housing units with a total of 3,099 sq. ft. of net livable area by a vote of five to zero (5-0); and, WHEREAS, once the land use approvals and recommendation of approval were granted by the Planning and Zoning Commission, the Applicant requested Subdivision approval and Vested Property Rights approval (for a period of five rather than three years) of the City Council; and, WHEREAS, upon review o f the application and the applicable code standards, the Community Development Department recommended approval, with conditions, of the proposed subdivision request and a three year time period for vested property rights; and, WHEREAS, during a duly noticed public hearing on October 9,2007, the City Council opened the hearing and continued the hearing to October 22% and WHEREAS, upon review of the application at the October 22nd continuance, the City Council took public testimony, considered pertinent recommendations from the Community Development Director, referral agencies and then voiced concern on the need for additional affordable housing units within the community at which point the Applicant requested a continuation ofthe hearing, which was granted, by the City Council to January 8,2008; and WHEREAS, prior to the continuance, the Applicant amended the application and proposed development o f a mixed-use building that contains 10,826 sq. ft. o f net leasable area and a commercial F.A.R of.802:1, five (5) free-market units totaling a Floor Area Ratio of.79:1, and providing five (5) affordable housing units with a total of 4,701 sq. ft. o f net livable area as well as two hybrid vehicles for a private car share program to the benefit of the future affordable housing occupants; and WHEREAS, upon review o f the amended application and the applicable code standards, the Community Development Department recommended continuation of the application due to changes to the exterior of the building from the previously approved Commercial Design Review of the building and recommended to provide on-site parking for the affordable housing units rather than hybrid cars, and RECEPTION#: 548626, 04/2 ~ 008 at 08:56:30 AM, 3 OF 11, - Janice K. Vos Caudill, P in County, CO WHEREAS, upon further review of the application at the January 14th continuance, the City Council considered the development proposal under the applicable provisions ofthe Municipal Code as identified herein, reviewed and considered the recommendation of the Community Development Director, and took and considered public comment at a duly noticed public hearing; and adopted Ordinance No. 25, Series of 2007, approving with conditions, S ubdivision and Vested Property Rights, WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds all the applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this ordinance furthers and is necessary for the promotion ofpublic health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1:General Development Approval Pursuant to the procedures and standards set forth in Title 26 0 f the Aspen Municipal Code, the City Council hereby approves Subdivision Review and Vested Property Rights for the Jerome Professional Building Redevelopment and Subdivision. The Commercial use F.A.R. is approved at .802: 1 and the Free-Market Multi-Family use F.A.R. is approved at .79:1 for the development of a mixed-use building containing five (5) free-market units, five (5) affordable housing units containing a minimum of 4,701 sq. ft. of net livable area, and a commercial component containing a maximum o f 10,826 sq. ft. o f net leasable area. The exterior design o f the building shall be constructed as represented to the City Council and shown in Exhibit A of this ordinance. The Applicant shall enroll residents of the affordable housing units (up to 12.5 mitigated employees) into Roaring Fork Valley Vehicles ("RFVV"). The HOA shall pay the initial RFVV application fee for each mitigated employee who desires to participate in the RFVV car share program at the time said employee enters into a lease for the affordable housing unit. The HOA may seek a cooperative arrangement with RFVV to integrate the proposed car share program and the 2 hybrid vehicles being provided with the RFVV program or may provide its own private car share program for the on-site affordable housing mitigated employees. If the affordable housing units are sold to qualifying employees, such owners shall pay the application fee to RFVV. The applicant shall allocate parking on-site for said hybrid vehicles and may use one tandem parking space for this purpose. The above requirements shall be in lieu of any other parking requirements for the affordable housing units. Section 2: Plat and Aureement The Applicant shall record a subdivision agreement that meets the requirements of Land Use Code Chapter 26.480, Subdivision, within 180 days of approval if City Council provides final approval of the subdivision request. The Applicant has requested and the Community Development Director has agreed, as provided for in Section 26.480.070 E., Recordation, to allow the subdivision plat to be recorded concurrently with the future condominium plat, RECEPTION#: 548626, 04/28/@~)8 at 08:56:30 AM, 4 OF 11, ~ Janice K. Vos Caudill, Pit~ County, CO Once construction is nearly completed but prior to an issuance of a Certificate of Occupancy, the developer shall file a condominium plat and associated documents for review and approval by the City Engineer and Community Development Director as outlined in land use code section 26.480.090, Condominiumization. Section 3: Building Permit Application The building permit application shall include the following: a. A copy of the final recorded Ordinance (Ordinance No. 25, Series of 2007) and recorded P&Z Resolution (Resolution No. 26, Series 2006), b. The conditions of approval printed on the cover page of the building permit set. c. A completed lap permit for service with the Aspen Consolidated Sanitation District. d. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 5-year storm frequency should be used in designing any drainage improvements. Any applicable fees will be required for a stomi drainage connection to the City system. e. An excavation stabilization plan, construction management plan (CMP), and drainage and soils reports pursuant to the Building Department's requirements. The CMP shall include an identification of construction hauling routes for review and approval by the City Engineer and Streets Department Superintendent. Special emphasis should be directed to the CMP because of the close quarters on the lot. Material staging, parking and material handling are major concerns. A tower crane should be considered for material handling on site to minimize traffic disruptions. f. A fugitive dust control plan to be reviewed and approved by the Environmental Health Department. g. A detailed excavation plan that utilizes vertical soil stabilization techniques, or other techniques, if appropriate and acceptable, for review and approval by the City Engineer. h. Accessibility and ADA requirements shall be addressed to satisfactorily meet adopted building codes. Section 4: Dimensional Requirements The redevelopment of the building as presented and approved by the City Council complies with the dimensional requirements of the Mixed-Use (MU) zone district, including the FAR limits approved by Special Review and noted in Section 1 ofthis ordinance. Section 5: EnEineering Replacement of the sidewalks, curbs, and gutters need to be addressed with development of the project. If snow melting sidewalks are installed, the adjacent curb and gutter will also need to be RECEPTION#: 548626, 04/28/21108 at 08:56:30 AM, 5 OF 11, Janice K. Vos Caudill, Pil::~ County, CO heated so the runoff can go into the City of Aspen existing collection system. Permits will be required for any work within a City Right-Of-Way. No penetration, inclusive of soil nails, is allowed within the city right-of-way. Section 6: Affordable Housing a. The affordable housing requirements of the project shall be met with provision of five (5) dwelling units housing 12.5 employees. The units configuration shall be two three-bedroom Category 4 units; one three-bedroom Category 3 unit, one one-bedroom category 3 unit, and one one-bedroom category 2 unit. b. Rental units are allowed with the following conditions: 1) The units have the ability to become ownership units at such time as the owners request this change and/or at such time as the A-PCHA deems one of the units out of compliance for over a period of one year. At such time, all units will be listed for sale with the Housing Office as specified in the deed restriction at the maximum sales price based upon the unit type and rental category as outlined in the Guidelines in effect at the time of final plat approval for all units and all units shall be sold through the lottery system as specified in the Guidelines. 2) Rental of the units shall be open to all qualified employees in Aspen and Pitkin County and shall not be tied to employment; however, the owner(s) of the commercial or free-market residential units may still choose qualified renters and the tenants may still be employed by the commercial component. The HOA may maintain ownership ofthe units. 3) The governing documents of the development shall be drafted to reflect the potential for the rental units to become ownership units; i.e., the Protective Covenants, By-Laws, Articles of Incorporation, etc. Since the project is a mixed free-market/deed- restricted project, the assessments shall be determined based on the price values of the free-market component compared to the deed-restricted component. This language shall be required in the Covenants associated with the project. No changes to this restriction shall be allowed without the APCHA's approval. 4) As long as the units remain as rental units, APCHA or the applicant shall structure a deed restriction for the employee housing units only such that an undivided 1/10th of 1 percent interest in the ownership o f each o f the employee units is deed restricted in perpetuity to the Aspen/Pitkin County Housing Authority; or until such time the units become ownership units; or the applicant may propose any other means that the Housing Authority determines acceptable. c. The homeowners' association shall be established to reflect the potential for the units to become ownership units. The assessments shall be based on the differential between the market values of the free-market component compared to the deed-restricted component. This language shall be required in the Covenants associated with the project. The Covenants shall be RECEPTION#: 548626, 04/28~~ 08 at 08:56:30 AM, 6 OF 11, Janice K. Vos Caudill, Pi n County, CO reviewed by Housing Office staff prior to approval. No changes to this restriction shall be allowed without the APCHA's approval. d. The deed-restriction shall be recorded at the time of recordation o f the Condominium Plat and prior to Certificate of Occupancy. Section 7: Fire Mitigation NFPA 13 needs to be applied to the residential component of the project. Fire alarms are required. Carbon monoxide detectors are required. Stand Pipes for fire protection need to extend into the basement. Service size needs to account for the required fire flows. The alley size needs to accommodate aerial fire truck access for a minimum width of 20 feet or as otherwise approved by the Fire Marshal. Section 8: Water Department Requirements The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Each of the units within the building shall have individual water meters. Section 9: Sanitation District Requirements a. Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. b. On-site utility plans require approval by ACSD. c. Oil and Grease interceptors (NOT traps) are required for all food processing establishment; Locations of food processing shall be identified prior to building permit; even though the commercial space is tenet finish, interceptors will be required at this time if food processing establishments are anticipated for this project. d. Oil and Sand separators are required for parking garages and vehicle maintenance establishments. Driveway entrance drains must drain to drywells. Elevator shafts drains must flow thru 0/s interceptor. e. Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. Below grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. f. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. g. All ACSD fees must be paid prior to the issuance o f a building permit. RECEPTION#: 548626, 04/284@~08 at 08:56:30 AM, 7 OF 11, ~ Janice K. Vos Caudill, Pil|~ County, CO h. The glycol heating and snow melt system must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. i. Soil Nails are not allowed in the public ROW above ASCD main sewer lines and within 3 feet vertically below an ACSD main sewer line. j. Applicant's civil engineer will be required to submit existing and proposed flow calculations. Section 10: Electrical Department Requirements The Applicant shall have an electric connect load summary conducted by a licensed electrician in order to determine if the existing transformer has sufficient capacity for the redevelopment. If a new supplemental transformer is required to be installed, the Applicant shall provide for a new transformer and its location shall be approved by the Community Development Department prior to installation. The Applicant shall dedicate an easement to allow for City Utility Personnel to access the supplemental transformer for maintenance purposes, if a supplemental transformer is installed Section 11: Environmental Health Using standard Institute of Traffic Engineers Trip Generation Rates, this development will generate 94 additional trips per day, and 13 pounds of PM-10 per day. Thus this development will have a negative effect on the air quality if mitigation measures are not implemented. To provide such mitigation, the Applicant may consider providing free bus pass for employees, having the businesses and Homeowner's Association actively participate in the City's Transportation Options Program (TOP), and provide secure bike storage. Section 12: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor Lighting. Section 13: School Lands Dedication Fee Pursuant to Land Use Code Section 26.620, School Lands Dedication, the Applicant shall pay a fee-in-lieu of land dedication prior to building permit issuance. The City of Aspen Community Development Department shall calculate the amount due using the calculation methodology and fee schedule in effect at the time of building permit submittal. The Applicant shall provide the market value of the land including site improvements, but excluding the value of structures on the site. Section 13: Impact Fees Pursuant to Land Use Code Section 26.610, Impact Fees, the Applicant shall pay a Parks Development impact fee assessed at the time of building permit application submittal and paid at building permit issuance. The amount shall be calculated using the methodology and fee schedule in effect at the time of building permit submittal. As the land use application was submitted prior to adoption of the Transportation Demand Management (TDM)/Air Quality impact fee, the fee shall not be required. RECEPTION#: 548626, 04/28/2008 at 08:56:30 AM, 8 OF 11, ~ Janice K. Vos Caudill, Pi~ County, CO Section 14: Parks a. Excavation: any excavation under the drip line of a tree to be preserved will need to approved and receive a drip line permit along with the tree permit. The existing foundation wall may need to remain in place at the location adjacent to a tree that is to be preserved, and vertical excavation may be required and over digging will be prohibited in such zones; work in these zones will need to be coordinated with the Parks Department. The Parks Department will require a detailed plan showing the location of the existing foundation and how it corresponds with the proposed new foundation. This note must be represented on the building permit set. b. Tree Protection: A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site and their represented drip lines. A formal plan indicating the location of the tree protection will be required for the building permit set. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee before any construction activities are to commence. Root damage is required to be minimized by preserving the existing foundation, unless an alternative is acceptable and approved by the Parks Department, around the large Spruce Tree. c. An approved tree permit will be required before any demolition or access infrastructure work takes place. Mitigation for tree removals shall be required. d. The applicant will need to contract with a tree service, and have them on-call in order to address all roots greater than 2 inches in diameter. Roots 2" or greater shall be professionally pruned by the on-call tree service. Root trenching will be required around all trees that will be subject to excavation under the drip line or next to the drip line. This can be accomplished by an experienced tree service company or trained member of the contractor's team. e. Landscaping and Sidewalk landscaped area: Landscaping in the public right of way will be subject to landscaping in the ROW requirements, including: o Street tree plantings shall be evenly spaced a minimum of 20 foot on-center. o ROW plantings require adequate irrigation pressure and coverage. o Improvements to the soil profiles o f the ROW (amending the current soils to improve air, water filtration and increase longevity of the new plantings) may be necessary and shall be reviewed by the Parks Department. o Tree trenches will need to be utilized for the street tree plantings. Bleeker Street planting can be accomplished with an attached curb and sidewalk with a brick paver accent. f. Applicant should work with the developer of the adjacent property (to the west) to coordinate the access issues, tree removals and grading associated with opening o f the alley. Section 15: Vested Rights RECEPTION#: 548626, 04/2862908 at 08:56:30 AM, 9 OF 11, ~ Janice K. Vos Caudill, Pi~i County, CO The development approvals granted pursuant to Planning and Zoning Commission Resolution Number 26, Series of 2006 and herein shall be vested for a period of three (3) years from the date of issuance of the development order. No later than fourteen (14) days following the final approval o f all requisite reviews necessary to obtain a development order as set forth in this ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 201 N Mill Street, City and Townsite of Aspen, CO, by Ordinance No. 25 Series of 2007, of the Aspen City Council. Section 16: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 17: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 18: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court o f competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining poitions thereof. The City Clerk is directed, upon the adoption o f this ordinance, to record a copy of this ordinance in the office ofthe Pitkin County Clerk and Recorder. Section 19: A public hearing on this ordinance shall be held on the 901 day of October, 2007, at a meeting of the Aspen City Council commencing at 5:00 pm in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City ofAspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 25* day of June, 2007. RECEPTION#: 548626, 04/28/2008 at 08:56:30 AM, 10 OF 11, Janice K. Vos Caudill, Pi~ County, CO Attest: 34 1-2 ldÂ«- 414~6~-ts<00 Kathryn S. /h, City Clerk Michael d. Ireland, Mayor 1 V FINALLY, adopted, passed and approved this 14TH day of January, 2008. Attest: Â« 4-03-79 -c 0,_) . A 1/00/16 Kathryn ~~och, City Clerk Michael C. Ireland, Mayor Approved as to form: fÂ»Â£Â£ -54/oe 4ii/Attorney List of Exhibits Exhibit A - Approved Exterior Elevations .. . : ..: 0 0: . 0. 0 . ... . 0 0 D. 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ELEÂ¥ n EXTER 02 LEVEL #5 5TAIR --------- Et.0 0 11 A2.5 *CALE: 1:10 DN[N>[Vld Â¥ NDES 10 kilNEV.\\ XINd[-i ..60L' 1 ~NI H ~Z6 046 4 Ic xtle o ~ L Le Le i,~~i. 191!Im#,1 ~1 {2â€žMMT,VSVn 1VNOIâ‚¬933032 3IAI01132 0 . r~-d ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE 3-eawe- frofess~'o,U 2*2\1'~f~j ADDRESS OF PROPERTY: At N. MAI S\red, , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 1<ULAL 21 , 200.1 STATE OF COLORADO ) ) SS. County of Pitkin ) 1, ~A r\Are A Er Du.-14... (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) ofthe Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) dys prior to the public hearing. A copy of the publication is attached hereto, 4 Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (~5) days prior to the public hearing and was continuously visible from the 3' day of -junt- , 2003-, to and including the date and time ofthe public hearing. A photograph of the posted notice (sign) is attached hereto. ~ Mailing of notice. By the mailing ofa notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date ofthe public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) .. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal ofthis Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing ofnames and addresses of owners of real property in the area ofthe proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amen~1its. Sigpaturd 2 4- The foregoing "Affidavit of Notice" was acknowled~ged before me thisy day of jU,rE , 200_9, by ,/lhOrrA Cra,l/ge_ , LORI MOSCHET WITNESS MY HAND AND OFFICIAL SEAL NOTARY PUBLIC STATE OF COLORADO My commission expires: 10 1&9/201 1 My Comminion Expires 10/29#2011 Ad Â»taolut Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL .. PUBLIC NOTICE RE: 201 NORTH MILL STREET, JEROME PROFESSIONAL BUILDING: EXTENSION OF VESTED RIGHTS NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, June 22nd, 2009, at a meeting to begin at 5:00 p.m. before the Aspen City Council. Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by LIerb Klein of Klein. Cote & Edwards, on behalf of the Jerome Building Condominium Owners Association, 201 North Mill Street. Aspen. CO 81611. requesting an approval for an extension of vested rights to secure financial commitments. The applicant previously received approval to demolish the existing building and construct commercial/office space, sub grade parking, three affordable housing units and six free market units. The subject property under review is legally described as Jerome Professional Units, also known as the Jerome Professional Building and commonly referred to as 201 North Mill Street. For further information, contact Errin Evans at the City of Aspen Community Development Department, 130 S. Galena St., Aspen. CO 970.429.2745, (or by email Errin.Evans@ci.aspen.co.us). s/Michael C. Ireland, Mavor Aspen City Council Published in the Aspen Times on June7th, 2009 City of Aspen Account PUBLIC NOTICE RE: 201 NORTH MILL STREET, JEROME PROFESSIONAL BUILDING: EXTENSION OF VESTED RIGHTS NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, June 22nd, 2009, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Herb Klein of Klein, Cote & Edwards, on behalf of the Jerome Building Condominium Owners Association, 201 North Mill Street, Aspen, CO 81611, requesting an approval for an extension of vested rights to secure financial commitments. The applicant previously received approval to demolish the existing building and construct commercial/office space, sub grade parking, three affordable housing units and six free market units, The subject property under review is legally descnbed as Jerome Professional Units, also known as the Jerome Professional Building and commonly referred to as 201 North Mill Street. For further information, contact Errin Evans at the City of Aspen Community Development Depart- ment, 130 S. Gatena St, Aspen. 00 970.4292745, (or by email Errin.Evans@ci.aspen.co.us). s/Michael C. Ireland, Mayor Aspen City Council Published in the Aspen Times Weekly on June 7. 2009. [3528392] FORECLOSED. A COPY OF SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS, IS ATTACHED TO ALL MAILED COPIES OF THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINEDBY PREVIOUS STATUTES. * A NOTICE OF INTENT TO CURE FILED PURSUANT TO C.R.S. 38-38-104 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED. * A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R.S. 38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE WITHIN EIGHT (8) BUSINESS DAYS FOLLOWING THE SALE. DATE: March 31, 2009 Thomas Carl Oken Public Trustee in and for the County of Pitkin, State of Colorado By:Tiffany Wancura. Deputy Public Trustee The name, address telephone numbers and bar reglstrabon number of the attorney(s) representing the legal holder of the indebtedness is: Robert J. Hopp & Associates, LLC P.O Box 8689. Denver. CO 80201 (303) 788-9600 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY' 201 10 Â· lut.LU ELet , Aspen, CO SCHEDULED PUBLIC HEARING DATE: Hn,ball,\ c .Unk. 27- e 5 :66 f 'vi,200 1 STATE OF COLORADO ) ) SS. County of Pitkin ) I, ..~l~ 4 56-0-/-6Â°01 (name, please print) being or represenhng an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 CE) of the Aspen Land Use Code in the following manner: l/ Publication ofnotice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy ofthe publica.tion is attached hereto. Posting ofnotice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing- and was continuously visible from the day of , 200 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Afailing ofnotice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) . Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions that create more than one lot, Planned Unit Developments, Specially Planned Areas, and COWAPs are subj ect to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision o f tbis Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title ahd enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description o f, and the notice to and listing o f names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Â»agn Â«FE~ Signature The foregoing "Affidavit of Notice" was acknowledged before me this ~ day of Jt41.4.- , 200.1 by A-n.0.1 ~A S C 647 WITNESS MY HAND AND OFFICIAL SEAL My commission expires: * 6 /be L D 4/Yu 40/4 Notary Public ~. MEYER / *: .1,9 ATTACHMENTS AS APPLICABLE: ly....... , â€¢ COPY OF THEPUBUCATION Â· 01: coi â€¢ PHOTOGRAPH OF THE POSTED NOTICE (SIGN) My Commission Expires 08/10/2010 â€¢ LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL â€¢ APPLICANT CERTIFICATION OF MINERAL ESTA_E OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 .. AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070, ASPEN LAND USE CODE ADDRESS OF PROPERTY: ~<1~ Aspen, CO ' STATE OF COLORADO ) ) SS. County of Pitkin ) 4 ~60(21 (name, please print) A,\44 being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: \0~ Publication of notice: By Ge publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the pu.blication is atta.ched hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. -,4. 1 Signature / The foregoing "Affidavit of Notice" was acknowledged before me this 04.day of A-w~ MST , 2009_,by -74Â»~1â‚¬500|a SC-of e.Â·L~1 WITNESS MY HAND AND OFFICIAL SEAL RUBUSNQISE Of DEVELOPMENT APPROVAL My com =ss'on eÂ¥pires: 5/1 j Doj 4 Notice is hereby gi, en to the general public ot the 11 approval of a site specific development plan ~ 1 pursuant to the Land Use Code of the City of 1 Aspen and Title 24, Article 68, Colorado Revised 11 Statutes, pertaining to the following described I l property: 201 North Mill Street, also known as the ~ 1 Jerome Professional Building, Aspen, Colorado, 1 81611, by order of the City Council on July 27th, | 1 Notary Abli~ 2009, The Applicant received approval of an 11 extension of vested rights 10 allow for the 11 construction of a new building containing ~ 1 commercial/office, five free market units and five 1 affordable housing units untit February 4th, 2015. J 1 For further information contact Errin Evans, at the I I ,Â«3* City of Aspen Community Development Dept. 130 I ATTACHMENTS: S. Gatena St, Aspen, Colorado (970) 429-2745. s/ City of Aspen j~' ~~%~2, Published in The Aspen Times Weekly on August COPY OF THE PUBLICATION i CORY J. i 23,2009. [3915865] : GARSKE J OF CCL~- My Commission Expires 05/00/2012 .. A-FFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070, ASPEN LAND USE CODE ADDRESS OF PROPERTY: 201 N. M i LL SI- Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin ) I. ~ C 04Â«,L./~ (name, please print) ,Â«gela being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: 900'~ Publication of notice: By the publication iii the legal notice section of an official paper or a paper o f general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attacked hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. 34 9 o~--~J~ Signature The foregoing "Affidavit of Notice" was acknowledged before me this /O day of Aul.0 , 200_1, by A-v-nâ‚¬Aa <750 chJ- -(L~ 1 WITNESS MY HAND AND OFFICIAL SEAL PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the My commission expires: 639-~ 0 I aN O approval of a site specific development plan pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 201 North Mill Street, also known as the -fl Jerome Professional Building, Aspen, Colorado, 81611, by order of the City Council on July 27th, Notary Public U 2009. The Applicant received approval of an extension of vested rights to allow for the construction of a new building containing commer- cial/office, five tree market units and five affordable housing units until February 4th, 2014. For further information contact Errin Evans, at the City of 0.0'P- .4 Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 429-2745. ATTACHMENTS: g.f ..~%:tt s/ City of Aspen 5 i LAURA &3 Published in The Aspen Times Weekly on August 9,2009. [3839049] COPY OF THE PUBLICATION \ MEYER ; OF Coy My Commission Expires 08/10/2010 -it. 6 $ , n 1 .*L %#i- 6.~ '61, 1.. . ' . . 3 , *..AR.â€¢ Â·- 7, ' 1%>10&K' , al. 'd' . Irr 9,94â€¢.01...Lf,Â·.1'.af'T~bl ~~.4 1. Â¢>40â€¢ 1Â· . rz I 1 't' /" I f '.,11./2.20: 1 , *. /'/:4 /4,4/1* M #:':: f '24.. -p~ . .4,1!C :41,~f:t.~II.- f *4,1;1:Â·f: Â· -0,~C~ 4::~ ,;t~ * 75 4 N t -:.:Ar---g. 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I y 11 *-.I .4 R.- 4 13â€žeM'- . 4-- . ~. 92 Â« 2 -L --- -1- * 3:'Ve ial ' - I ' I'JAI//16;PR . 3 .J. 1 . * f Ulnk.VJ> ,. 4>a- ' Â¥,4, 1 . lili . , 41, 4. * I .9/ k.l - a I r. 1 ..1 '16 1 , Easy PeelÂ® Labels A Bend along line to Use AveryÂ® Template 5160Â® A Feed Paper expose Pop-Up Edgeâ„¢ ~ ~ AVERYÂ® 5160Â® ~ ./. 1 214 E BLEEKER LLC 225 NORTH MILL ST LLC ALPINE PETROLEUM LLC PO BOX 7729 225 N MILL ST 435 E MAIN ST ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 CITY OF ASPEN BANKERS MORTGAGE CORP BERGMAN CARL R & CATHERINE M ATTN FINANCE DEPT 1616 ORCHARD AVE PO BOX 1365 130 S GALENA ST GRAND JUNCTION, CO 81501 ASPEN, CO 81612 ASPEN, CO 81611 FIRST 415 RIO GRANDE PLACE TRST COMMUNITY BANKS OF COLORADO COMMUNITY BANKS OF COLORADO SECOND 415 RIO GRANDE PLACE TRST 127 W 4TH ST 210 N MILL ST PO BOX 8982 PUEBLO, CO 81003 ASPEN, CO 81611 ASPEN, CO 81612 GARRETT GULCH EQUITY VENTURE LLC GETTMAN ROSA H TRUST GOLDEN SALLIE 2950 E BROAD ST 325 S FOREST 721 MEADOWOOD DR COLUMBUS, OH 43209 DENVER, CO 80246 ASPEN, CO 81611-3314 HODGSON PHILIP R 50% HIGH DESERT NEWSPAPERS INC KLEIN HERBERT S & MARSHA L HODGSON PATRICIA H TRUST 50% 500 DOUBLE EAGLE CT 201 N MILL ST #203 212 N MONARCH ST RENO, NV 89521 ASPEN, CO 81611 ASPEN, CO 81611 LCP ELYSIAN ASPEN OWNER LLC KRABACHER B JOSEPH & SUSAN S LARSON KARL G&M MADELEINE C/O LODGING CAPITAL PTNRS/ DAVID 201 N MILL ST STE 201 PO BOX 8207 SIMS ASPEN, CO 81611 ASPEN, CO 81612 430 W ERIE ST #501 CHICAGO, IL 60610 LIGHT HOLDINGS LLLP MADDEN WALTER ROSS 37.5% MATTINGLY MARK & ALIXE 733 13TH ST PMB 101 300 PUPPY SMITH #203 929 CAMINO VIEJO BOULDER, CO 80302 ASPEN, CO 81611 SANTA BARBARA, CA 93108 MILL & MAIN LLC MOORE KIMBERLY K MYRIN CUTHBERT L JR 37.5% 2900 OCEAN BLVD PO BOX 11919 PO BOX 12365 CORONA DEL MAR, CA 92625 ASPEN, CO 81612 ASPEN, CO 81611 NEWLON LLC MYRIN-FREEMAN LESLIE D 15% PARZYBOK WILLIAM G JR TRUSTEE C/O DANFORTH PMB 101 300 PUPPY SMITH #203 14023 220TH AVE NE PO BOX 1863 ASPEN, CO 81611 WOODINVILLE, WA 98072 ASPEN, CO 81612 PITKIN COUNTY PUPPY SMITH LLC RANDALL ELLEN 530 E MAIN ST #302 205 S MILL ST SUITE 301A 25 BRIAR HOLLOW LN ASPEN, CO 81611 ASPEN, CO 81611 HOUSTON, TX 77027 Etiquettes faciles & peler Repliez A la hachure afin de www.avery.com ~ Sens de Utilisez le gabarit AVERYÂ® 5160Â® rdv@ler le rebord Pop-Upâ„¢ 1-800-GO-AVERY chargement 1 Easy PeelÂ® Labels A Bend along line to ~~ AVERYÂ® 5160Â® l Use AveryÂ® Template 5160Â® ~ Feed Paper expose PoP-UP Edgeâ„¢ ~ 1 S & A EQUIPMENT COMPANY RAYTON RENEE SEMRAU FAMILY LLC SCOTT LARSON GENERAL PARTNER PO BOX 12104 68 TRAINORS LANDING RD PO BOX 910 ASPEN, CO 81612 ASPEN, CO 81611 PEWANKEE, WI 53072 WELLS FARGO BANK SJM TRUST #1 C/O THOMSON PROPERTY TAX 117 N MONARCH ST #1 SERVICES ASPEN, CO 81611 PO BOX 2609 CARLSBAD, CA 92018 A Etiquettes faciles A peler Repliez A la hachure afin de www.avery.com ~ Sens de Utilisez le gabarit AVERYÂ® 5160Â® chargement rdv@ler le rebord Pep-Upâ„¢ 1-800-GO-AVERY ' 1 o VII I o MEMORANDUM TO: Mayor Ireland and Aspen City Council FROM: Errin Evan ,Q<Current Planner THRU: Chris Bendon, Community Development Director ~de V j DATE OF MEMO: July 20,2009 MEETING DATE: July 27,2009 RE: Jerome Professional Building - 201 North Mill Street - Vested Rights Extension Continued - Public Hearing of Resolution No. 42 Series of 2009 SUMMARY: PROPOSED LAND USE: The Applicant requests of the Council to The Applicant proposes to demolish the existing approve the extension of vested rights of building and construct a new building containing an approval. The current approval is commercial/office space, five affordable housing vested through February 41 2011. A units, five free market units and sub grade parking. three year extension would vest the The applicant requests that Council approve an approval through February 4th, 2014. The extension of vested rights. project consists of demolishing the existing building and constructing STAFF RECOMMENDATION: commercial/office space, sub grade Staff recommends that the Mayor and City Council parking, five affordable housing units and approve the request to extend vested rights to five free market units. construct the new building. APPLICANT /OWNER: Jerome Professional Building Condominium Owners Association REPRESENTATIVE: , Herb Klein, Klein, Cotd, & Edwards, LLC ~ i--i LOCATION: 201 North Mill Street; Legal Description - -ill--Ill-Illi~--4../,/9/ Jerome Professional Building, Parcel Identification Numbers - 2737-073-17- - :1 ..... . pâ€¢â€¢Â·:, - ....,-19"'IlI704"39 010 - 2737-073-17-028 . - I .5.a. 't:â€¢-4~ 27.; 3 .Â¥Ut :r.. -- 44 1 CURRENT ZONING & USE Located in the Mixed-Use (MU) zone district with a building containing mixed Photo of subject property. office and commercial uses. Revised 7/20/2009 Page 1 0 f 4 .. STAFF COMMENTS: The applicant requested the meeting to be continued because one Council member was absent. This land use case is continued from the June 22'id Aspen City Council meeting. Please note the original staff memo incorrectly listed the number of approved housing units. The project was actually approved for five free market units and five affordable housing units. The memo that was provided from the meeting on June 22nd has been included. INFORMATION FOR JUNE 22nd MEMO: LAND USE REQUEST AND REVIEW PROCEDURES: The applicant is requesting the following land use approvals from the City Council: â€¢ Extension or Reinstatement of Vested Rights The City Council may by resolution at a public hearing noticed by publication, mailing and posting (see section 26.304.060(E)(3)(a)(b)(c) approve an extension or reinstatement of expired vested rights or a revoked development order in accordance with this section. City Council is the final review authority who may approve or deny the proposal. PROJECT SUMMARY: The applicant has requested an extension of their vested rights for the project approved by Ordinance No. 25, Series of 2007, which allows for the demolition of the existing commercial/office building to construct a new building consisting of mixed commercial/office space, five affordable housing units, five free market units and sub grade parking (See Figure 1 for Vicinity Map). - '. O**42.45~2. 0 41~9.. ftpÂ¥, Ar, t,k .' ~~ & le #-4/r:*69,4,$'44.2AlLf#5.140Â£1'12</ , 1 74 ~ty'41&2~ I. f ilt U - I 49& PAN,1./.- wil riv -- '%1Pi.~Fil , larfr h . , 1 L * ..- eaci. '11. 14...<.* + * . 90(99 - ' -7%9 2 . 6 fir... -r-3-~fo. i .1 , I N / 12 â‚¬ 25 50 r ino Sub]ect Parcel '* S Figure 1: Vicinity Map Revised 7/20/2009 Page 2 0 f 4 .. The applicant has not yet begun construction of the project. Due to the current economic climate, the applicant states that they would be more successful in securing financial commitments to assist with the project if the vested rights expiration date was extended. The applicant's architect estimates that it will take 18-24 months to complete plans, obtain permits, and construction bids. Potential lenders are concerned about pre-sales and securing permits during the vested rights period. The applicant has not yet applied for a building permit because of the cost to complete construction plans. The ordinance vested the approval until February 4th, 2011. The applicant requests that the Council extend the approval for an additional three years. This would vest the approval through February 4th, 2014. STAFF COMMENTS: Vested Rights Extension: The applicant is requesting an extension of their vested rights until March 20, 2012 pursuant to Section 26.308.010 C. of the Land Use Code. The applicant is requesting the extension of the vested rights because they believe that several financial factors are an issue and the extension o f the expiry period will assist them with securing financial commitments. Staff believes that the project is suitable for the proposed location, close to pedestrian amenities, the commercial core and mass transit. Â£ +~ Ii'*FOITE l.:Ii, E. - r-r-. 2 6- Â· Â·l*25 77-*- : '"23'/TE T~~~ 1 i -11 i&l-;t-#~.,-.T~t4*4~.1 1*64/...'T- & . . "2 5111*L RrREET VIEW Figure 2: East Elevation Drawing The total floor area ratios for the project meet requirements for this zone district with Special Review. The floor area ratio for commercial uses are the same as the zone district requirements. At the time of the original approvals, the applicant was permitted under Special Review to negotiate those numbers and maintained numbers below the negotiable threshold. If this project proceeded again through the land use process, it would again be required to receive the same approvals for the commercial/office space. Because of changes to the Land Use Code the applicant would now be permitted 14,433 square feet of net livable area for free market housing. The free market floor area requirements were changed from a 1:1 ratio to 150% of the commercial space. This would allow the applicant to have 14,433 square feet of free market net Revised 7/20/2009 Page 3 of 4 .. livable area as long as the cap for the entire lot is not exceeded. The application proposes 9,622 square feet of floor area for commercial/office uses and 10,442 square feet of floor area for free market uses. Affordable housing has no restrictions for floor area. The height restrictions have also been changed. At the time of approvals, mixed use buildings were permitted to be up to 32 feet high. Under the current Code, mixed use buildings can be 32 feet high through Commercial Design Review. RECOMMENDATION: While reviewing the proposal, staff believes that the application provides a project that will make a good transition from the historic commercial district to the Service Commercial Industrial (S/C/I) district. By 2009 Land Use Code standards, the total floor area ratios for the project meet requirements for this zone district with Special Review for the commercial space and the net livable space for free market uses are now slightly lower than the zone district requirements. The project also supplies more affordable housing than what is required for mitigation. The only significant changes that have been made to the zoning or review process that would affect this proposal since the original approval in 2006 are the floor area requirements and height. The moratorium has since expired. Community Development Department staff recommends that the City Council approve the request to extend the vested rights for an additional three years with the following condition: 1. That the establishment herein o f a vested property right shall not preclude the application or regulations which are general in nature and are applicable to all property subject to the land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical, and mechanical codes, and all adopted impact fees that are in effect at the time of building permit, unless an exemption is granted in writing. CITY MANAGER'S COMMENTS: RECOMMENDED MOTION: "I move to adopt Resolution No. 421-Series of 2009." ATTACHMENTS: Exhibit A - Staff Findings duplicated from the packet provided for the meeting on June 22,2009 Exhibit B - Application (Provided for the meeting on June 22,2009) Revised 7/20/2009 Page 4 0 f 4 .. RESOLUTION NO. 4-2_2 (SERIES 2009) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN TO APPROVE AN EXTENSION OF VESTED RIGHTS GRANTED BY ORDINANCE NO. 25 OF 2007 BY THE CITY OF ASPEN COUNCIL FOR THE PROPOERTY COMMONLY DESCRIBED AS 201 NORTH MILL STREET, LEGALLY DESCRIBED AS JEROME PROFESSIONAL BUILDING, CITY OF ASPEN, PITKIN COUNTY, COLORADO Parcel Identification Number 2737-073-17-010 - 2737-073-17-028 WHEREAS, the Community Development Department received an application from Ilerb Klein, requesting a Vested Rights Extension for three years pursuant to Ordinance No. 25, Series of 2007; and WHEREAS, The City Council adopted Ordinance No. 25, Series of 2007, which approved a Subdivision Review and Vested Property Rights for the Jerome Professional Building Redevelopment Vested Property Rights status for the demolition of the existing building and the construction of a new building that consists of commercial/office space, three affordable housing ' th units and six free market units until February 4 , 2011; and, WHEREAS, the applicant submitted the application for extension of vested property th rights on March 24*,2009 before the vested rights expired in on February 4 , 2011. The property rights were approved via Ordinance No.25, Series of 2007; and, WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code, City Council may grant an extension of vested rights after a public hearing is held and a resolution is adopted; and, WHEREAS, the Community Development Director has reviewed the application and recommended approval of an extension of vested rights for the 201 North Mill Street Development under the City Council; and Page 1 of 3 .. WHEREAS, the Aspen City Council has reviewed and considered the request of vested rights extension for the 201 North Mill Street Jerome Professional Building Development approval under the provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the extension of the vested rights proposal meets or exceeds all applicable land use standards and that the approval o f the extension o f vested rights with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN COUNCIL AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the City Council hereby approves the request for an extension of vested rights for the Jerome Professional Building until February 4, 2014 that were approved by Ordinance No. 25, Series of 2007 by the City Council with the following conditions: 1. That the establishment herein o f a vested property right shall not preclude the application or regulations which are general in nature and are applicable to all property subject to the land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical, and mechanical codes, and all adopted impact fees that are in effect at the time of building permit, unless an exemption granted in writing. Section 2: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as i f fully set forth herein, unless amended by an authorized entity. Section 3: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the resolutions repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions. Page 2 of 3 .. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: A public hearing on this resolution was held the day of , 2009, in the City Council Chambers, 130 S. Galena, 15 days prior to which public notice was published in a newspaper of general circulation within the City o f Aspen. FINALLY adopted, passed and approved this day of March, 2009 by a - vote. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor Approved as to form: John P. Worcester, City Attorney Page 3 of 3 .. EXHIBIT A 26.440.050 Review Standards for development in a Specially Planned Area In reviewing a request for the extension or reinstatement of vested rights the City Council shall consider, but not limited to, the following criteria: a. The applicant's compliance with any condition requiring performance prior to the date of application for extension or reinstatement; To date, the applicant has completed the conditions of approval required for Ordinance 25, Series of 2007. The applicant has entered into a subdivision improvement agreement with the City and recorded the document. The conditions will still apply when the applicant submits the building permit. Stafffinds this criterion to be met. b. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit, and the expenditures made by the applicant in pursuing the project; The applicant has spent approximately $150,000 on architectural, planning and engineering fees to date. The applicant has been working to secure financing, working with brokers, engineers and architects to keep the project moving forward. Building permit fees will be collected when the applicant submits the building permit. Staff.finds this criterion to be met. c. The nature and extent of any benefits already received by the City as a result of the project approval such as impact fees or dedications; Not applicable. Stafffinds this criterion to be met. d. The needs of the City and the applicant would be served by the approval of the extension or reinstatement request. The applicant, staff, Planning and Zoning Commission. and Council have spent countless hours arranging for the approvals of this project. The project is a worthy project, supplies affordable housing and a good transition from the historic district to the service commercial industrial district. Statffinds this criterion to be met. Revised 7/20/2009 Page 1 of 1 -.. RECEPTION#: 548626,04/28/2008 at 08:56:30 AM, 1 OF 11, R $56.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO ORDINANCE NO. 25 (SERIES OF 2007) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING WITH CONDITIONS SUBDIVISION REVIEW AND VESTED PROPERTY RIGHTS FOR THE JEROME PROFESSIONAL BUILDING REDEVELOPMENT AND SUBDIVISION LOCATED AT 201 NORTH MILL STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel Nos. 2737-073-17-010 through 2737-073-17-028 WHEREAS, the Community Development Department received an application from all o f the owners and directors o f the Jerome Pro fessional Building Condominium Association, Inc., requesting of the Planning and Zoning Commission three (3) Growth Management ~eview approvals, Commercial Design Review approval, Special Review approval and a recommendation of approval for Subdivision to redevelop a building known as the Jerome Professional Building located at 201 N. Mill Street; and, 6 WHEREAS, the growth management reviews were for approval for a new mixed-use building which contains 10,750 sq. ft. of net leasable area, approval for the development of six (6) free-market residential units totaling a Floor Area Ratio of .87: 1, and approval for the Development of three (3) affordable housing units with a total of 3,099 sq. ft. of net livable area; and, WHEREAS, as part of the land use review, the Applicant requested Commercial ~sign Review approval for the proposed mixed-use building; and, WHEREAS, the Applicant also requested Special Review approval to increase the individual floor area ratios (FAR) for both the commercial and free-market multi-family use of the property. The effective zoning at the time of application allows an overall cap of 2: 1 (24,000 sq. ft.) for the entire parcel and permits an applicant to request, through Special Review, an increase in both the free-market multi-family use and commercial use of the property from .75:1 to a maximum of 1:1. For the commercial use, the Applicant requested an increase from .75:1 to .88:1 (or an additional 1,515 sq. ft. in floor area) and for the free-market multi-family use, the Applicant requested an increase from .75.1 to .87.1 (or an additional 1,442 sq. ft. in floor area); and, WHEREAS, the Applicant requested a recommendation by the Planning and Zoning Commission of subdivision approval because the development of multi-family dwelling units requires approval of subdivision pursuant to the definition of subdivision in the City's land use code; and, WHEREAS, the Planning and Zoning Commission reviewed the application at a public hearing on August 1, 2006, and upon recommendation of the Community Development Department, continued the public hearing to August 15,2006; and, .. WHEREAS, upon further review of the application at the August 15th continuance, the Planning and Zoning Commission considered the development proposal under the applicable provisions of the Municipal Code as identified herein, reviewed and considered the recommendation of the Community Development Director, and took and considered public comment at a duly noticed public hearing; and, WHEREAS, on August 15,2006, via Resolution No. 26 (Series of 2006), the City of Aspen Planning and Zoning Commission found that the development proposal meets or exceeds all applicable development standards and that the approvals and recommendation of approval of the land use requests were consistent with the goals and objectives of the Aspen Area Community Plan; and, WIIEREAS, the Planning and Zoning Commission granted approval of the three (3) Growth Management Review requests; the Commercial Design Review request; and the Special Review request. The Planning and Zoning Commission also recommended approval of the Subdivision request to allow for the development of a mixed-use building that contains 10,750 sq. ft. of net leasable area and a commercial F.A.R of,88:1, six (6) free-market units totaling a Floor Area Ratio of.87:1, and providing three affordable housing units with a total of 3,099 sq. ft. of net livable area by a vote of five to zero (5 --0); and, WHEREAS, once the land use approvals and recommendation o f approval were granted by the Planning and Zoning Commission, the Applicant requested Subdivision approval and Vested Property Rights approval (for a period of five rather than three years) of the City Council; and, WHEREAS, upon review ofthe application and the applicable code standards, the Community Development Department recommended approval, with conditions, o f the proposed subdivision request and a three year time period for vested property rights; and, WHEREAS, during a duly noticed public hearing on October 9,2007, the City Council opened the hearing and continued the hearing to October 223 and WHEREAS, upon review of the application at the October 22nd continuance, the City Council took public testimony, considered pertinent recommendations from the Community Development Director, referral agencies and then voiced concern on the need for additional affordable housing units within the community at which point the Applicant requested a continuation of the hearing, which was granted, by the City Council to January 8,2008; and WHEREAS, prior to the continuance, the Applicant amended the application and proposed development of a mixed-use building that contains 10,826 sq. ft. of net leasable area and a commercial F.A.R of.802:1, five (5) free-market units totaling a Floor Area Ratio of.79:1, and providing five (5) affordable housing units with a total of 4,701 sq. ft. o f net livable area as well as two hybrid vehicles for a private car share program to the benefit of the future affordable housing occupants; and WHEREAS, upon review of the amended application and the applicable code standards, the Community Development Department recommended continuation of the application due to changes to the exterior o f the building from the previously approved Commercial Design Review o f the building and recommended to provide on-site parking for the affordable housing units rather than hybrid cars, and -.. WHEREAS, upon further review of the application at the January 14th continuance, the City Council considered the development proposal under the applicable provisions of the Municipal Code as identified herein, reviewed and considered the recommendation of the Community Development Director, and took and considered public comment at a duly noticed public hearing; and adopted Ordinance No. 25, Series of 2007, approving with conditions, Subdivision and Vested Property Rights. WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds all the applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WIIEREAS, the City Council finds that this ordinance furthers and is necessary for the promotion ofpublic health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1:General Development Approval Pursuant to the procedures and standards set forth in Title 26 0 f the Aspen Municipal Code, the City Council hereby approves Subdivision Review and Vested Property Rights for the Jerome Professional Building Redevelopment and Subdivision. The Commercial use F.A.R. is approved at .802: 1 and the Free-Market Multi-Family use F.A.R. is approved at .79:1 for the development of a mixed-use building containing five (5) free-market units, five (5) affordable housing units containing a minimum of 4,701 sq. ft. of net livable area, and a commercial component containing a maximum of 10,826 sq. ft. of net leasable area. The exterior design of the building shall be constructed as represented to the City Council and shown in Exhibit A ofthis ordinance. The Applicant shall enroll residents of the affordable housing units (up to 12.5 mitigated employees) into Roaring Fork Valley Vehicles ("RFVV"). The I IOA shall pay the initial RFVV application fee for each mitigated employee who desires to participate in the RFVV car share program at the time said employee enters into a lease for the affordable housing unit. The HOA may seek a cooperative arrangement with RFVV to integrate the proposed car share program and the 2 hybrid vehicles being provided with the RFVV program or may provide its own private car share program for the on-site affordable housing mitigated employees. lf the affordable housing units are sold to qualifying employees, such owners shall pay the application fee to RFVV. The applicant shall allocate parking on-site for said hybrid vehicles and may use one tandem parking space for this purpose. The above requirements shall be in lieu of any other parking requirements for the affordable housing units. Section 2: Plat and AEreement The Applicant shall record a subdivision agreement that meets the requirements of Land Use Code Chapter 26.480, Subdivision, within 180 days of approval if City Council provides final approval of the subdivision request. The Applicant has requested and the Community Development Director has agreed, as provided for in Section 26.480.070 E., Recordation, to allow the subdivision plat to be recorded concurrently with the future condominium plat. .. Once construction is nearly completed but prior to an issuance of a Certificate of Occupancy, the developer shall file a condominium plat and associated documents for review and approval by the City Engineer and Community Development Director as outlined in land use code section 26.480.090, Condominiumization. Section 3: Buildine Permit Application The building permit application shall include the following: a. A copy of the final recorded Ordinance (Ordinance No. 25, Series of 2007) and recorded P&Z Resolution (Resolution No. 26, Series 2006). b. The conditions of approval printed on the cover page of the building permit set. c. A completed tap permit for service with the Aspeii Consolidated Sanitation District. d. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 5-year storm frequency should be used in designing any drainage improvements. Any applicable fees will be required for a storm drainage connection to the City system. e. An excavation stabilization plan, construction management plan (CMP), and drainage and soils reports pursuant to the Building Department's requirements. The CMP shall include an identification of construction hauling routes for review and approval by the City Engineer and Streets Department Superintendent. Special emphasis should be directed to the CMP because of the close quarters on the lot. Material staging, parking and material handling are major concerns. A tower crane should be considered for material handling on site to minimize traffic disruptions. f. A fugitive dust control plan to be reviewed and approved by the Environmental Health Department. g. A detailed excavation plan that utilizes vertical soil stabilization techniques, or other techniques, if appropriate and acceptable, for review and approval by the City Engineer. h. Accessibility and ADA requirements shall be addressed to satisfactorily meet adopted building codes. Section 4: Dimensional Requirements The redevelopment of the building as presented and approved by the City Council complies with the dimensional requirements of the Mixed-Use (MU) zone district, including the FAR limits approved by Special Review and noted in Section 1 of this ordinance. Section 5: Engineering Replacement of the sidewalks, curbs, and gutters need to be addressed with development of the project. If snow melting sidewalks are installed, the adjacent curb and gutter will also need to be .. heated so the runoff can go into the City of Aspen existing collection system. Permits will be required for any work within a City Right-Of-Way. No penetration, inclusive of soil nails, is allowed within the city right-of-way. Section 6: Affordable Housing a. The affordable housing requirements of the project shall be met with provision of five (5) dwelling units housing 12.5 employees. The units configuration shall be two three-bedroom Category 4 units; one three-bedroom Category 3 unit, one one-bedroom category 3 unit, and one one-bedroom category 2 unit. b. Rental units are allowed with the following conditions: 1) The units have the ability to become ownership units at such time as the owners request this change and/or at such time as the APCHA deems one of the units out of compliance for over a period of one year. At such time, all units will be listed for sale with the Housing Office as specified in the deed restriction at the maximum sales price based upon the unit type and rental category as outlined in the Guidelines in effect at the time of final plat approval for all units and all units shall be sold through the lottery system as specified in the Guidelines. 2) Rental of the units shall be open to all qualified employees in Aspen and Pitkin County and shall not be tied to employment; however, the owner(s) of the commercial or free-market residential units may still choose qualified renters and the tenants may still be employed by the commercial component. The HOA may maintain ownership of the units. 3) The governing documents of the development shall be drafted to reflect the potential for the rental units to become ownership units; i.e., the Protective Covenants, By-Laws, Articles of Incorporation, etc. Since the project is a mixed free-market/deed- restricted project, the assessments shall be determined based on the price values of the free-market component compared to the deed-restricted component. This language shall be required in the Covenants associated with the project. No changes to this restriction shall be allowed without the APCHA's approval. 4) As long as the units remain as rental units, APCHA or the applicant shall structure a deed restriction for the employee housing units only such that an undivided 1/10 of 1 percent interest in the ownership of each of the employee units is deed restricted in perpetuity to the Aspen/Pitkin County Housing Authority; or until such time the units become ownership units; or the applicant may propose any other means that the Housing Authority determines acceptable. c. The homeowners' association shall be established to reflect the potential for the units to become ownership units. The assessments shall be based on the differential between the market values of the free-market component compared to the deed-restricted component. This language shall be required in the Covenants associated with the project. The Covenants shall be .. reviewed hy Housing Office staff prior to approval. No changes to this restriction shall be allowed without the APCHA's approval. d. The deed-restriction shall be recorded at the time of recordation of the Condominium Plat and prior to Certificate of Occupancy Section 7: Fire Mitigation NFPA 13 needs to be applied to the residential component of the proj ect. Fire alarms are required. Carbon monoxide detectors are required. Stand Pipes for fire protection need to extend into the basement. Service size needs to account for the required fire flows. The alley size needs to accommodate aerial fire truck access for a minimum width o f 20 feet or as otherwise approved by the Fire Marshal. Section 8: Water Department Requirements The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Each of the units within the building shall have individual water meters. Section 9: Sanitation District Requirements a. Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. b. On-site utility plans require approval by ACSD. c. Oil and Grease interceptors (NOT traps) arc required for all food processing establishment; Locations of food processing shall be identified prior to building permit; even though the commercial space is tenet finish, interceptors will be required at this time if food processing establishments are anticipated for this project. d. Oil and Sand separators are required for parking garages and vehicle maintenance establishments. Driveway entrance drains must drain to drywells. Elevator shafts drains must flow thru 0/s interceptor. c. Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. Below grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. C Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. g. All ACSD fees must be paid prior to the issuance o f a building permit. .. h. The glycol heating and snow melt system must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. i. Soil Nails are not allowed in the public ROW above ASCD main sewer lines and within 3 feet vertically below an ACSD main sewer line. j. Applicant's civil engineer will be required to submit existing and proposed flow calculations. Section 10: Electrical Department Requirements The Applicant shall have an electric connect load summary conducted by a licensed electrician in order to determine if the existing transformer has sufficient capacity for the redevelopment. if a new supplemental transformer is required to be installed, the Applicant shall provide for a new transformer and its location shall be approved by the Community Development Department prior to installation. The Applicant shall dedicate an easement to allow for City Utility Personnel to access the supplemental transformer for maintenance purposes, if a supplemental transformer is installed Section 11: Environmental Health Using standard Institute of Traffic Engineers Trip Generation Rates, this development will generate 94 additional trips per day, and 13 pounds of PM-10 per day. Thus this development will have a negative effect on the air quality if mitigation measures are not implemented. To provide such mitigation, the Applicant may consider providing free bus pass for employees, having the businesses and Homeowner's Association actively participate in the City's Transportation Options Program (TOP), and provide secure bike storage. Section 12: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor Lighting. Section 13: School Lands Dedication Fee Pursuant to Land Use Code Section 26.620, School Lands Dedication, the Applicant shall pay a fee-in-lieu of land dedication prior to building permit issuance. The City of Aspen Community Development Department shall calculate the amount due using the calculation methodology and fee schedule in effect at the time of building permit submittal. The Applicant shall provide the market value of the land including site improvements, but excluding the value of structures on the site. Section 13: Impact Fees Pursuant to Land Use Code Section 26.610, Impact Fees, the Applicant shall pay a Parks Development impact fee assessed at the time of building permit application submittal and paid at building permit issuance. The amount shall be calculated using the methodology and fee schedule in effect at the time of building permit submittal. As the land use application was submitted prior to adoption of the Transportation Demand Management (TDM)/Air Quality impact fee, the fee shall not be required. . Section 14: Parks a. Excavation: any excavation under the drip line of a tree to be preserved will need to approved and receive a drip line permit along with the tree permit. The existing foundation wall may need to remain in place at the location adjacent to a tree that is to be preserved, and vertical excavation may be required and over digging will be prohibited in such zones; work in these zones will need to be coordinated with the Parks Department. The Parks Department will require a detailed plan showing the location of the existing foundation and how it corresponds with the proposed new foundation. This note must be represented on the building permit set. b. Tree Protection: A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site and their represented drip lines. A formal plan indicating the location of the tree protection will be required for the building permit set. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee before any construction activities are to commence. Root damage is required to be minimized by preserving the existing foundation, unless an alternative is acceptable and approved by the Parks Department, around the large Spruce Tree. c. An approved tree permit will be required before any demolition or access infrastructure work takes place. Mitigation for tree removals shall be required. d. The applicant will need to contract with a tree service, and have them on-call in order to address all roots greater than 2 inches in diameter. Roots 2" or greater shall be professionally pruned by the on-call tree service. Root trenching will be required around all trees that will be subject to excavation under the drip line or next to the drip line. This can be accomplished by an experienced tree service company or trained member of the contractor's team. e. Landscaping and Sidewalk landscaped area: Landscaping in the public right of way will be subject to landscaping in the ROW requirements, including: o Street tree plantings shall be evenly spaced a minimum o f 20 foot on-center. o ROW plantings require adequate irrigation pressure and coverage. o Improvements to the soil profiles of the ROW (amending the current soils to improve air, water filtration and increase longevity of the new plantings) may be necessary and shall be reviewed by the Parks Department. o Tree trenches will need to be utilized for the street tree plantings. Bleeker Street planting can be accomplished with an attached curb and sidewalk with a brick paver accent. f. Applicant should work with the developer of the adjacent property (to the west) to coordinate the access issues, tree removals and grading associated with opening of the alley. Section 15: Vested Riehts .. The development approvals granted pursuant to Planning and Zoning Commission Resolution Number 26, Series of 2006 and herein shall be vested for a period of three (3) years from the date of issuance of the development order. No later than fourteen (14) days following the final approval of all requisite reviews necessary to obtain a development order as set forth in this ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 201 N Mill Street, City and Townsite of Aspen, CO, by Ordinance No. 25 Series of 2007, of the Aspen City Council. Section 16: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning alid Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 17: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 18: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. The City Clerk is directed, upon the adoption o f this ordinance, to record a copy of this ordinance in the office ofthe Pitkin County Clerk and Recorder. Section 19: A public hearing on this ordinance shall be held on the 9th day of October, 2007, at a meeting o f the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum o f fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 256 day of June, 2007. .. Attest: 41Â«/4__ /,2%:044 /0/7 tg 8 -ZS/08 Kathryn S. ~ch, City Clerk Michael d. Ire*and, Mayor ' FINALLY, adopted, passed and approved this 14â„¢ day of January, 2008. Attest: /7 0940464 01~6045- -00 Kathryn ~Koch, City C[erk Michael C. Ireland, Mayor Approved as to form: i <-lut m.Â£Â£ Wzo!* *TE-Attorney List of Exhibits Exhibit A - Approved Exterior Elevations . tr>Â®E>\Tc A JEROME PROFESSIONAL BUILDING REVISED DESIGN 0 Y... ..F. j#. 11 BLEEKER AND MILL STREET VIEW MILL STREET VIEW Parcel Detail Page 1 of 2 .. Pitkin County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search I Assessor Subset Query I Assessor.-Sales Seargh Clerk & Recorder Reception Search Basic Building Characteristics I Tax Information Parcel Detail I Value-Detail I Sales Detail I Residential/Commercial Improvement Detail Land Detail I Photographs Tax Area Account Number Parcel Number 2008 Mill Levy 001 R009525 273707317010 Owner Name and Address S & A EQUIPMENT COMPANY SCOTT LARSON GENERAL PARTNER PO BOX 910 PEWANKEE, Wl 53072 Legal Description Subdivision: JEROME PROFESSIONAL Unit: 1-A Location Physical Address: 201 N MILL ST ASPEN Subdivision: JEROME PROFESSIONAL Land Acres: Land Sq Ft: 0 2009 Property Tax Valuation Information Actual Value Assessed Value Land: 0 0 Improvements: 454,000 131.660 Total: 454,000 131.660 http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R009525 6/12/2009 Parcel Detail Page 2 of 2 .. Sale Date: ||5/7/1986 | Sale Price: 90.000 Basic Building Characteristics Number of Residential ~ Buildings: Number of Comm/Ind 1 Buildings: Commercial/Industrial Building Occurrence 0 Characteristics OFFICE FIRST FLOOR: 461 Total Area: 461 Property Class: 2245 Actual Year Built: 1980 Effective Year Built: 1990 Quality of Construction: GOOD-BASE Exterior Wall: GOOD BASE Interior Wall: GOOD-BASE Neighborhood: JEROME PROFESSIONAL "D" Tax Information No Tax Records Found Top of Page Assessor Database Search Options I Treasurer Database Search Options Pitkin County Home Page The Pitkin County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor and Treasurer's Offices are unable to warrant any of the in formation herein contained. Copyright Â© 2008 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R009525 6/12/2009 Parcel Detail Page 1 of 2 .. Pitkin County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search I Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics I Tax Information Parcel Detail I Value Detail I Sales Detail I ResiÂ®ntial/Commercial Improvement Detail Land Detail I Photographs Tax Area Account Number Parcel Number 2008 Mill Levy 001 R021004 273707317801 Owner Name and Address JEROME PROF BLDG CONDO ASSOC COMMON AREA 201 N MILL ST ASPEN, CO 81611 Legal Description Subdivision: JEROME PROFESSIONAL DESC: COMMON AREA Location Physical Address: 201 N MILL ST ASPEN Subdivision: JEROME PROFESSIONAL Land Acres: Land Sq Ft: 0 2009 Property Tax Valuation Information Actual Value Assessed Value Land: 0 0 Improvements: 0 0 Total: 0 0 http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R021004 6/12/2009 Parcel Detail Page 2 of 2 .. Sale Date: ~ Sale Price: Basic Building Characteristics Number of Residential 0 Buildings: Number of Comm/Ind 0 Buildings: No Building Records Found Tax Information No Tax Records Found Top offage Assessor Database_Search Options I Treasurer Datobase Search Options Pitkin County 1 Iome Page The Pitkin County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. , Copyright Â© 2008 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turn-s-Software. http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R021004 6/12/2009 .. THE CITY OF ASPEN Land Use Application Determination of Completeness Date: March 26,2009 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0023.2009.ASLU. 201 N. Mill Street - Extension of Vested Rights. The planner assigned to this case is Errin Evans. O Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. ~jZ~ Your Land Use Application is complete: /lf there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. t JUfer Phe(an, ~eputy Director City of AspeR*dmmunity Development Department C:\Documents and Settings\jennifep\My Documents\planning\Templates\Templates\Land Use Cases\Completeness Letter Land Use.doc