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HomeMy WebLinkAboutcoa.lu.pu.401 Castle Creek Rd.0019.2012.ASLU I k THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0019.2012.ASLU PARCEL ID NUMBERS 2735 12 3 07 801 PROJECTS ADDRESS 401 castle creek rd PLANNER JEN PHELAN CASE DESCRIPTION INSUBSTANTIAL AMENDMENT AVH REPRESENTATIVE LESLIE LEMIONT DATE OF FINAL ACTION 7.23.12 CLOSED BY ANGELA SCOREY ON: 8.31.12 2-1 S'5- L2.3o`Zgo 1 Cot`s- 2012 AS LtA File Edit Record Navigate Form Report Format Tab Hey 4� IAA ¢ ' Routhg Status Fees j Fee Summary Main Actions Attachments(Routhg I_kstory (Valuation Arch{Eng f Custom Fields C Sub Permits Parcels pormittyp aslu Aspen Land Use Peru; 0018.2012.ASLU --� A 401 CASTLE CREEK RD AM& ASPEN 5kote CO Zp 81611 Perm InfOrrcrn 1 M*perfa C�+ jng asluD7 Aped 3�12f2012 Proms t ak spending _ AWoved Description APPLICATION FOR INSUBSTANTIAL PUD AMENDMENT FOR ASPEN VALLEY Nqjed i HOSPITAL ClowWFinal 5M ted LESLIE LAMOND 963 8434 Clock Running Days F10 Expires 3l17f2013 SLWted via Owner i Last name ASPEN VALLEY HOSPITAL Fast name C� 401 CASTLE CREEK RD ASPEN CO 81611 Phone (970)544-1379 Address Ap*ant Owner is applicant? (]Contractor is applicant? d Last name ASPEN VALLEY HOSPITAL First name 401 CASTLE CREEK RD ,--- ASPEN CO 81611 Phone ( Cust# 11506 Address I Lender t Last name First name i Phone ( Address } 1 AspenGoW5(server) angelas 1 of 1 ;c{ CMG I r2 © ' CCU s �2 - 4-o gS? •C�o �� 3 � 313©cam AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: -If 0 1 CaS�L cr_ee,� Aspen, CO STATE OF COLORADO ) ss. County of Pitkin ) 1, (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) or Section 26.306.010 (E) of the 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 fourteen(14) days after final approval of a site specific development plan. A copy of the publication is attached 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. Signature The foregoing "Affidavit of Notice"was acknowledged before me this 22-6e day of , 20LZ,, by , cry---� WITNESS MY HAND AND OFFICIAL SEAL PUBLIC NOTICE Of DEVELOPMENTAPPF,OVAL My commission expires: ^ _ Notice is here",given to the general public of the .(,y�'-i approval of a sre specific development plan,and """CC the creation of-i vested property nght pursuant to the Land Use Cgde of the City of Aspen avert,Ta i ti /1 24,Article 68,rwolorado Revised Statutes,p `0 JA ing to the following described property:Parcel C, 44—-- the Aspen Valley Hospital District Subdivision,also Notary Public rado,81611 by order ofrthe Commun ty De elop- ment Director on July 18,2012. The Applicant,the Aspen Valley Hospital District,received approval of an Insubstantial PUD Amendment to allow a clarifi- cation on the off-site housing to be provided,when a Certificate l Occupancy may"issued and a ATTACHMENTS: modified Ira hl mechanical area.For further inAs- mation contact Jennifer Phelan,at the City of As- St Aspen,ColoraDevelopment(7 -5090'3°S.Galena COPY OF THE PUBLICATION s/City of Aspen Publish in the Aspen Times Weekly on July 26, t 2012. [8186579] 42 FA_SPEN TIMES WEEKLY + DEVELOPMENT ORDER of the 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 shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, 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. Aspen Valley Hospital District 401 Castle Creek Road Aspen CO 81611 Property Owner's Name, Mailing Address and telephone number Parcel C Aspen Valley Hospital Subdivision commonly known as 401 Castle Creek Road Legal Description and Street Address of Subject Property Insubstantial PUD Amendment. Written Description of the Site Specific Plan and/or Attachment Describing Plan Administrative approval Land Use Approval(s)Received and Dates(Attach Final Ordinances or Resolutions) July 26 2012 Effective Date of Development Order(Same as date of publication of notice of approval.) August 27 2015 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 27th day of July, 2012, by the City of Aspen Community Development Director. &W Chris Bendon, Community Development Director NOTICE OF APPROVAL SECOND INSUBSTANTIAL PUD AMENDMENT TO ALLOW FOR 0 MODIFICATIONS TO PHASE II OF THE MASTER FACILITIES PLAN FOR �, ASPEN VALLEY HOSPITAL, LOCATED AT 401 CASTLE CREEK ROAD 15 O = N I N a v Parcel ID No. 273512307801 to `Z - o U ii c APPLICANT: Aspen Valley Hospital, David Ressler, CEO o � Ln o v REPRESENTATIVE: Leslie Lamont OQC4 0 � > N . SUBJECT & SITE OF APPROVAL: Aspen Valley Hospital, 401 Castle Creek Road, W M ,4 F w involving the approval of changes to Phase II of the Aspen Valley Hospital master U -t u- 'c facilities plan approved via Ordinance No. 12 (Series 2010) recorded at reception number W �. O M T 572613 and the Subdivision Improvements Agreement (SIA) recorded at reception number 576523. SUMMARY: The Applicant has requested three amendments to the PUD: 1) Clarification with regard to the off-site affordable housing requirement outlined in the Section 11(d) of the ordinance and Section 11 of the SIA, 2) clarification with regard to the issuance of a Certificate of Occupancy for the medical office space, and 3) to memorialize a minor design change in the affordable housing to be provided on-site. 1) Off-site affordable housing clarification. With regard to the off-site affordable housing requirement outlined in Section 11(d) of the ordinance and Section 11 of the SIA, the requirements states that the Applicant will work "to identify and secure four (4) additional affordable housing units (2 studios and 2 one-bedrooms) through a buy down program, purchase of affordable housing credit, or in an existing or proposed project prior to issuance of a Certificate of Occupancy for any part of Phase II." Currently the Applicant is anticipating purchasing dwelling units in Burlingame, Phase II and-would like to purchase units with a larger bedroom count than a studio or one- - - - - - bedroom unit. The Applicant is requesting to house a total of 6 Full Time Equivalents (FTEs), which is equal to the number of FTEs housed by two studios and two one- bedroom units as outlined in the ordinance. As noted in the ordinance, the Applicant may participate in an existing or proposed project; however, by participating in the Burlingame development the Applicant will not have constructed dwelling units by the time the initial Certificate of Occupancy for the medical office space is anticipated to be ready for issuance. As a result, and to "secure" the additional affordable housing, an agreement outlining the Applicant's obligations in Page 1 of 3 the case that the Burlingame housing is not obtained should be developed to protect the city's interest. 2) Issuance of a Certificate of Occupancy for medical office space As part of Ordinance No. 12 and the SIA, it was stated that no part of the medical office space could be occupied until the off-site affordable housing was secured; however, the ordinance was silent on whether the on-site affordable housing needed to receive a C.O. prior to the medical office space being occupied. The hospital anticipates two phases of completion for the medical office space. 3) Affordable Housing mechanical/trash area. A combination of parking was used to meet the requirements for the on-site affordable housing in the form of tuck under parking, surface parking and remote, reserved spaces in the parking garage. Two spaces, located under the common deck/patio area and described as "2 garage spaces in AH" in the SIA, are earmarked for common storage and maintenance equipment. Since the approval, with further site design, the common maintenance equipment (such as a snow plow) will be located in the hospital parking garage, the utility room/common deck has been reduced in size, and the trash area has been designed for easier service and use. One additional surface parking space has been added to better accommodate the accessible parking needs of both the affordable housing and Whitcomb Terrace. STAFF EVALUATION: Pursuant to section 26.445.100 (A), Insubstantial PUD Amendments, of the City of Aspen Land Use Code, administrative approvals are permitted when specific review criteria are met. With regard to the three requests for amendment staff has determined that they meet the criteria for an amendment as outlined in Exhibit B. DECISION: Staff finds that the Insubstantial PUD application provided by the Applicant should be granted with conditions. The request requirements of section 26.445.100 (A), PUD Insubstantial Amendments, of the land use code are met. Following are the approvals and conditions approved with each request: 1) Off-site affordable housing clarification. The hospital is permitted to mitigate for 6 FTEs, in any bedroom configuration, which is equivalent to the number of employees housed by 2 studios and 2 one-bedroom units. Prior to receiving a Certificate of Occupancy for any part of the Medical Office Space the housing will need to be secured (with a deed restriction and C.O. in place) or if participating in a proposed housing project, an agreement between the city and Applicant will need to be developed and agreed to by both parties detailing how the employee housing will be met if the project does not move forward, does not move forward in a timely manner or an alternative housing solution is preferred. 2) Issuance of a Certificate of Occupancy for medical office space The hospital anticipates the completion of the medical office space in two phases. Prior to issuance of a C.O. for the first phase, the requirements noted in Section 1 above Off- Page 2of 3 site affordable housing clarification of the Decision shall be met. Prior to Issuance of a C.O. for phase 2 of the medical office space, the on-site affordable housing shall be completed. 3) Affordable Housing mechanical/trash area. After further design refinement, the "2 garage spaces in AH" outlined in the SIA and earmarked for common storage and maintenance equipment are approved through an amended design. The common maintenance equipment (such as a snow plow) will be located in the hospital parking garage, the utility room/common deck has been reduced in size, while the trash area has been designed for easier service and use. This amended design has resulted in one additional surface parking space to better accommodate the accessible parking needs of both the affordable housing and Whitcomb Terrace. APPROVED BY: tw// jw�—, Chris Bendon Date Community Development Director C.AZ-7 /1Z Davi essler Date CEO/Administrator Aspen Valley Hospital Attachments: Exhibit A– Site plan of amended trash/mechanic;ll area Exhibit B– Review Criteria Exhibit C– Application Page 3of 3 design He "afio a ago 16th Street Mall sate 200 PUBLIC BIKE PATH __ I oen c 6oz08U.2-19 946 / ]2o.9afi.02]6 052aa i6 _ 10SPACES a - HOUSING A S r C' R V A L L C Y g PRIVATE ALLEY PROJECT II o s P I T a L r SING PARKING PHASE 2 g LOCATED PROJECT — o PARK NG IN AFFORDABLE HOUSING ACCESSIBL z j 3 HOUSING P 1 STRUCTURE n:n C-1,vHoeaaai oaot caelk creek Roae e r PROJECT A paa ce a16n PARKING , 33 -- -- --- --- /J 4265 CASTLE CREEK ROAD �� f uj AVH AFFORDABLE HOUSING COMPLEX HOUSING a ACCESSIBLE PARKING 31B STOP ��aaedror sale d27 28 29 30 61 JANUARV2o12 WHITCOMB PERMIT OOwMe rs --,—. 26 em dale j3-24 / � AO�EN�Mki APR 2012 22 SHARED VAN ACCESSIBLE X21 ACCESSIBLE PARKING 20 PARKING ' 19 PARKING 18 31 SPACES 2 16 SHARED %' 4 3 - / 15 PROJECT /7/6 5 14 SHORT-TE r PARKIN 8/ � d II I 10 A - - — 11 'Al I 3 I I SCALE/icsU 11 12 WHITCOMB a ,� 13 4275 CASTLE CREEK ROAD —N (EXISTING ADDRESS) l i v �� PARTIAL SITE �5, � PLAN PARTIAL SITE PLAN 'ef NOTE:FIRST LEVEL PLAN SHOWN AS'1 _ _—_.� ••.'.• drawn by checked by eo Exhibit B Review Criteria and Staff Findings Insubstantial PUD Amendment. 1. A change in the use or character of the development. Staff Finding: Staff does not believe that the proposal will significantly change the character of the development. The approval permits a minor reconfiguration of a trash storage area and clarifies how Affordable housing may be provided. Staff finds this criterion to be met. 2. An increase by greater than three (3)percent in the overall coverage of structures on the land. Staff Finding: The proposed improvements will not change the overall coverage of structures on land. Staff finds this criterion to be met. 3. Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities. Staff Finding: Trip generation and demand for public infrastructure are not affected by this amendment. Staff finds this criterion not to be applicable to this request. 4. A reduction by greater than three (3)percent of the approved open space. Staff Finding: The amount of open space will not be reduced by the proposal. Staff finds this criterion to be met. S. A reduction by greater than one (])percent of the off-street parking and loading space. Staff Finding: The Applicant is not requesting an amendment to reduce parking. Staff finds this criterion not to be applicable to this application. 6 A reduction in required pavement widths or rights-of-way for streets and easements. Staff Finding: The Applicant is not proposing changes to right-of-way widths. Staff finds this criterion not to be applicable to this application. 7. An increase of greater than two (2)percent in the approved gross leasable floor area of commercial buildings. Staff Finding: The Applicant is not proposing to increase the gross leasable floor area of a commercial building. Staff finds this criterion not to be applicable to this application. 8. An increase by greater than one (1)percent in the approved residential density of the development. Staff Finding: The Applicant is not proposing a change in the residential density. Staff finds this criterion not to be applicable to this application. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a further variation from the project's approved use or dimensional requirements. Staff Finding: Staff does not believe that the proposed amendments are inconsistent with a condition of approval or representation made in the property's original approval. Moreover,the Applicant has not proposed to vary the project's approved use or dimensional requirements. Staff finds this criterion to be met. Ey�t:mT� Lamont Planning Services, LLC 725 Melissa Lane Carbondale, CO 81623 April 27, 2012 Ms. Jennifer Phelan, Assistant Director City of Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Revised - Aspen Valley Hospital Master Facilities Plan Phase II—Insubstantial Amendment(2) Dear Jennifer, (This memo has been revised to include a minor amendment to the Affordable Housing storage/mechanical unit. Sections A.3. and 13.4. of this memo outline the amendment.) On behalf of my client, Aspen Valley Hospital (AVH), please accept this request for an insubstantial amendment to the recorded Subdivision/Planned Unit Development Agreement(Agreement) for Phase II of the Aspen Valley Hospital District Master Facilities Plan and interpretation of Ordinance No. 12, Series of 2010. A. Requested Amendments. 1. Section 11. AFFORDABLE HOUSING of the Subdivision/Planned Unit Development Agreement for Phase 11 states that: d. AVH will work with city staff to identify and secure four (4) additional affordable housing units (2 studios and 2 one-bedrooms) through a buy down program, purchase of affordable housing credit, or by participating in an existing or proposed project prior to issuance of a Certificate of Occupancy for any part of Phase II. Aspen Valley Hospital intends to mitigate all employees required by the land use review process for Phase Il. To comply with Section 11. d. of the PUD Agreement, Hospital staff has been negotiating with the City of Aspen Asset Management staff to purchase units in the Burlingame Phase II project. However, there are no studios planned in Burlingame Phase II. In addition, AVH is constructing 18 studio and one-bedroom units which are intended for a transitional employee—employees that move to and from various medical facilities depending upon seasonal needs. The Hospital intends to house a more stable work force in off campus housing and would like to purchase larger units—perhaps two- bedroom or three-bedroom units. It has been the Community Development staff's interpretation of the PUD Agreement that employee mitigation must be achieved as stated: 2 studios and 2 one-bedrooms unless amended. The Hospital seeks to amend the PUD Agreement to state that: p: 970-963-8434 e:lezlamont @gmail.com c: 970-918-1357 Page 1 d. AVH will work with city staff to identify and secure four- (4) additional affordable housing units that equals housing mitigation for 6 full time employees (FTEs) meeting the Occupancy Standards as promulgated by the Aspen/Pitkin County Housing Guidelines in effect at the time of this approval equal to the previously required 6 FTEs (2 studies °ad -2 ene bedreems)through a buy down program, purchase of affordable housing credit, or by participating in an existing or proposed project prior to issuance of a Certificate of Occupancy for any part of the Phase II Medical Office Space. In addition, AVH agrees to enter into an agreement with the City that will address how the employee housing mitigation will be met in the event the Burlingame project does not move forward, does not move forward in a timely manner or an alternative housing scenario is desired. The Agreement shall be approved and signed by the Hospital's Chief Executive Officer and the City Attorney prior to the issuance of a CO for any part of Phase 11 of the Hospital's Master Facility Plan. It is proposed that the first piece of the medical office space will be ready for a CO in October of 2012. 2. Section 11. AFFORDABLE HOUSING outlines that the affordable housing for Phase 11 will be six (6) studios and twelve (12) one-bedroom dwelling units. These 18 units are proposed to be constructed on-site. A site plan complete with access, infrastructure improvements and architectural details were all submitted for review and approved with the recordation of the Subdivision/PUD Plat and Plan. This insubstantial amendment proposes that the issuance of a CO for the 18 affordable housing units will occur prior to the final CO for the last phase of the Phase 11 medical office space. The completion date for the MOS and Patient Care Units is scheduled for August of 2013. The AVH design/development team is preparing to submit a building permit application in the spring of 2012 (it is estimated that the application will be submitted the end of April) for the 18 AH units. Once a building permit is issued construction will commence and is expected to be completed the spring of 2013. 3. Section 6. DIMENSIONAL REQUIREMENT OF PHASE lI includes a chart that outlines the various dimensional aspects of the approved plan such as minimum lot size, maximum height, etc. The "minimum off-street spaces allocated by use" section of this chart identifies the number of parking spaces per use and the type of parking, i.e. structured vs. surface. For Affordable Housing, letter e. states: "2 garage spaces in AH for common storage and maintenance equipment." The common storage area for the maintenance equipment is a central mechanical and electrical room ("knuckle") space which has been revised in an effort to increase the landscaped area of the site in this corner and reduce the bulk of the building. Wildlife-resistant trash dumpsters have also been accommodated adjacent to the Housing alley loop road in a separate enclosure for ease of pick-up. Both interior parking spaces have been moved outside the enclosure to surface parking spaces and changed use to allow residents short-term parking for deliveries, etc. All maintenance equipment will be stored in the AVH parking structure lowest level, and so additional storage space was not needed in this area, and as a result the "knuckle" space has been reduced to the minimum requirements for utilities only. p: 970-963-8434 e:lezlamont @gmail.com c: 970-918-1357 Page 2 B. Request: Aspen Valley Hospital respectfully requests that the Subdivision/Planned Unit Development Agreement and Plat/Plan for Phase II of the Aspen Valley Hospital District Master Facilities Plan be amended to: 1. For Phase 11 employee mitigation requirements: AVH will work with city staff to identify and secure affordable housing units that equals housing mitigation for 6 full time employees (FTEs) meeting the Occupancy Standards as promulgated by the Aspen/Pitkin County Housing Guidelines in effect at the time of this approval equal to the previously required 6 FTEs through a buy down program, purchase of affordable housing credit, or by participating in an existing or proposed project prior to issuance of a Certificate of Occupancy for any part of the Phase 11 Medical Office Space. 2. Reflect that the issuance of a CO for the 18 units of on-site affordable housing shall occur prior to the issuance of a CO for the final phase of medical office space for Phase lI of the Master Facility Plan. 3. Require an agreement to be drafted between the City and Aspen Valley Hospital detailing how the employee housing mitigation will be met in the event the Burlingame project does not move forward, does not move forward in a timely manner or an alternative housing scenario is desired. 4. Reduce the size of the common storage area of the Affordable Housing building and locate the 2 parking spaces outside of the enclosure to be used for short-term parking spaces. We look forward to working with you on these proposed amendments. Please do not hesitate to contact me if you need more information or clarification of this request. Sincerely, Leslie Lamont, Project Planner Aspen Valley Hospital Attachments: (There are no attachments to the revised memo. Attachments included in the March 19,2021 memo are still current.) p: 970-963-8434 e:lezlamont @gmail.com c: 970-918-1357 Page 3 ATTACHMENT 2 4-AND USE APPLICATION P Mi E Rl' PROJECr: X7f0B"S( Name: Location: Indicate street address lot&block number,legal description where'hppropriale) Parcel ID#(REQLYIRED) APPLICANT: Name: Address: Phone#: 910 t-1 REPRESENTATIVE: Name: Address: Phone#: TYPE of APPLICATION:(please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use GMQS Allotment El NK Final PUD(&PUD Amendment) El Text(Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA—8040 Greenline,Stream ❑ Subdivision Exemption(includes ❑ Final SPA(&SPA Margin,Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other; ❑ Conditional Use ExigmG CONDITIONS: (description of existing buildiin s.uses,nrevious aivrovats.etc.) 41 Yn CP L^-0 o nJ�z-Q,. f,i2cl i ny-) 117� 4VID, PROPOSAL: (description of proposed buildings,uses,modifications etc. � & �L A) t) JA IA-) -4+1—L M Q4 L. - Tryc you attached thWallowing? I V FEES DUE:$j4A--U--O re, -Application Conference Summary Attachment ttacbment#1,Signed Fee Agreement R-esponse to Attachment#3,Dimensional Requirements Form JJ I esponseto Attachment#4,Submittal Requirements-Including ritten Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than &5"X 11"must be folded. A disk with an electric copy of all written text (Microsoft Word Format)most be submitted as part of the application. Large male projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. http://www aspenpitkin com/Departments/Community-Development/Planning-and-Zoning/Title- 26-Land-Use-Code/ Review by: Community Development Staff for Completeness Public Hearing: No Planning Fees: $1,260.00 for insubstantial review & three (4) hours of work. Additional time over will be billed at$315 per hour. Total Deposit: $1,260.00 Total Number of Application Copies: 2 sets To apply, submit the following information: Q Total Deposit for review of application. Q Pre-application Conference Summary. Q Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. Q Proof of ownership D 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. Q Completed Land Use application Q Signed fee agreement An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. 2 copies of the complete application packet and maps. 0 A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. Fmt,. a> 41 ATTACHMENT 3 CITY OF ASPEN f;( r 7 4 i' DEVE OPMEW PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan, 970.429.2759 DATE: 1/30/12 PROJECT: 401 Castle Creek, Aspen Valley Hospital REPRESENTATIVE: Leslie Lamont TYPE OF APPLICATION: Insubstantial PUD Amendment DESCRIPTION: The hospital is interested in amending its PUD to accomplish following three items: 1) clarify the type of off-site housing that is required to be provided as part of the approving ordinance and subdivision development agreement, 2) clarify the timing requirement for issuing a certificate of occupancy on the medical office space as it relates to the development of on-site affordable housing, and 3) clarifying what is an acceptable form of commitment to secure required off-site housing. Ordinance No. 12 (Series of 2010) and the subdivision development agreement (reception number 576523) outlined a requirement of both a certain number of on-site affordable housing as well as a requirement to secure four additional housing units through a variety of ways. Both the ordinance and agreement outline that the additional units can be gained through "a buy down program, purchase of affordable housing credit, or in an existing or proposed project" and also states that "four additional housing units (2 studios and 2 one bedrooms)"will be provided. Although the ordinance and agreement note the type of units to be provided, if affordable housing credits are used only 6 credits are required to be purchased, as that is the number of employees housed by the above referenced unit types. The applicant would like to clarify that whether or not a physical unit or credit is provided as mitigation, it should only be the total number of employees housed that is mitigated, not the specific unit type. Additionally, the ordinance and agreement clearly note that the off-site mitigation must be satisfied prior to the issuance of a Certificate of Occupancy (C.O.)for any part of Phase II but is silent on the requirement for on-site mitigation. Staff would like to clarify the issuance of the C.O for Phase II (specifically the medical office space) as it relates to both the on-site and off-site mitigation. Typically, it is the city's policy to require the provision of all affordable housing prior to the issuance of a (C.O.)for the overall project. Finally, the hospital may participate in a proposed affordable housing project and the hospital is considering partnering in Burlingame. If the hospital decides to commit to Burlingame, an agreement will need to be developed that outlines how the hospital will commit to participating. Below is a link to the Land Use Application Form for your convenience. http://www.aspeni)itkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26- Land-Use-Code/ Land Use Code Section(s) 26.304 Common Development Review Procedures 26.445.100 (A) Planned Unit Development—PUD Insubstantial Amendment Follow link below to view the City of Aspen Land Use Code 401 Castle Creek Road, (Aspen Valley Hospital) Insubstantial PUD Amendment (ASLU) Parcel Id: 273512307801 Page 3 of 3 Parcel Detail , Pa g Top of Page Assessor_Database Search.Options Pitkin County Home Page The Pitkin County Assessor's Offices make every effort to collect and maintain accurate data.However, Good Turns Software and the Pitkin County Assessor's Offices are unable to warrant any of the information herein contained. Copyright©2003-2011 Good Turns Software.All Rights Reserved. Database&Web Design by Good Turns Software. http-.//pitkinassessor.org/assessor/parcel.asp?AccountNumber=R013928 2/29/2012 MAR 2 4 2012 Agreement to Pay Application Fees CITY OF ASPEN Anagreement between the City of Aspen "C' and L,DEVELOPMENT Property ` Phone No_: J Owner Cl"): y11 O Emale �o ryAddress ofc l,L40) Billing Property: �� "" "" Address: (subject of % U , l l (send bills here) application) understand that the City has adopted,via Ordinance No.,Series of 2011,review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees:I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. J 01 I $ J flat fee for v $ flat fee for V IQ $ flat fee for $ flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project,it is not possible at this time to know the full extent or total costs involved in processing the application. 1 understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration,unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. 1 have read,understood,and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourty rates hereinafter stated. $ /1 a(DQ deposit for hours of Community Development Department staff time. Additional time above the deposit amount will billed at$315 per hour. $ deposit for hours of Engineering Department staff time.Additional time above the deposit amount will be billed at$265 per hour. City of Aspen: Property Owner. Chris Bendon J Community Development Director N u city Use: Tillie:C`l�9 Fees Due:$ Received:i RIJ Fro ASPEN C�"f( ,00'4�L WIT`DEVELOPMENT Parcel Detail Page 1 of 3 ATTACHMENT 3 Pitkin County Assessor Parcel Detail Information Assessor Property Search I Assessor Subset Query I Assessor Sales Search Clerk&.Recorder ReceTton Search Treasurer Tax Search Search Basic Building Characteristics I Value Summary Parcel Detail I Value Detail. I Sales Detail I Residential/Commercial Improvement Detail Owner Detail I Land Detail I Photographs Tau Area Account Number Parcel Number 2011 Mill Levy 001 _R013928 273512307801 31.653 _ Primary Owner Name and Address ASPEN VALLEY HOSPITAL DISTRICT 0401 CASTLE CREEK RD ASPEN,CO 81611 Additional Owner Detail Business Name ASPEN VALLEY HOSPITAL Legal Description Subdivision:ASPEN VALLEY HOSPITAL SUB Section: 12 Township: 10 Range: 85 DESC:PARCEL C Location Physical Address: 401 CASTLE CREEK RD ASPEN Subdivision: SU VALLEY HOSPITAL Land Acres: 19.100 Land Sq Ft: FO — Section I Township I Range http://piWnassessor.org/assessor/parcel.asp?AccountNutnbet=RO 13928 2/29/2012 Parcel Detail .+%► Page 2 of 3 12 II 10 Il 85 2011 Property Value Summary Actual Value Assessed Value Land: 4,500,000 1,305,000 Improvement 5,033,500 1,459,720 Total: 9,533,500, 2,764,720 Sale Date: Sale Price: Additional Sales Detail Basic Building Characteristics Number of Residential 1 Buildings: Number of Comm/Ind 0 Buildings: Residential Building Occurrence 0 Characteristics FIRST FLOOR: 62,500 Total Heated Area: 62,500 Property Class: EXEMPT-POLITICAL SD- IMPROVEMEN Actual Year Built: 1977 Effective Year Built: 11985 Bedroa 10 Baths: 0 Quality of Construction: JVG 12+13ASE Exterior Wall: ICOMMON BRK Interior Wall: BASE Floor:I BASE Heat Type: BASE Heatin Fuel: BASE Roof Cover.I BUILT-UP Roof Structure: FLAT �— Neighborhood: WEST OF ASPEN EXEMPT http://pitkinassessor.org/assessor/parcel.asp?AccountNumber-RO13928 2/29/2012 Lamont Planning Services, LLC 725 Melissa Lane Carbondale, C0 81623 March 19, 2012 Ms. Jennifer Phelan, Assistant Director '�� ® ZOJ City of Aspen Community Development Department ment L P � 130 South Galena Street ' op* r Aspen, CO 81611 Re: Aspen Valley Hospital Master Facilities Plan Phase II—Insubstantial Amendment(2) Dear Jennifer, On behalf of my client, Aspen Valley Hospital (AVH), please accept this request for an insubstantial amendment to the recorded Subdivision/Planned Unit Development Agreement(Agreement) for Phase II of the Aspen Valley Hospital District Master Facilities Plan and interpretation of Ordinance No. 12, Series of 2010. A. Requested Amendments. 1. Section 11. AFFORDABLE HOUSING of the Subdivision/Planned Unit Development Agreement for Phase II states that: d. AVH will work with city staff to identify and secure four (4) additional affordable housing units (2 studios and 2 one-bedrooms) through a buy down program, purchase of affordable housing credit, or by participating in an existing or proposed project prior to issuance of a Certificate of Occupancy for any part of Phase 11. Aspen Valley Hospital intends to mitigate all employees required by the land use review process for Phase II. To comply with Section 11. d. of the PUD Agreement, Hospital staff has been negotiating with the City of Aspen Asset Management staff to purchase units in the Burlingame Phase II project. However, there are no studios planned in Burlingame Phase II. In addition, AVH is constructing 18 studio and one-bedroom units which are intended for a transitional employee—employees that move to and from various medical facilities depending upon seasonal needs. The Hospital intends to house a more stable work force in off campus housing and would like to purchase larger units—perhaps two- bedroom or three-bedroom units. It has been the Community Development staff s interpretation of the PUD Agreement that employee mitigation must be achieved as stated: 2 studios and 2 one-bedrooms unless amended. The Hospital seeks to amend the PUD Agreement to state that: p: 970-963-8434 e:lezlamont @gmail.com c: 970-918-1357 Page 1 d. AVH will work with city staff to identify and secure four- (4) additional affordable housing units that equals housing mitigation for 6 full time employees (FTEs) meeting the Occupancy Standards as promulgated by the Aspen/Pitkin County Housing Guidelines in effect at the time of this approval equal to the previously required 6 FTEs (2 studies and 2 one- bedrooms)through a buy down program, purchase of affordable housing credit, or by participating in an existing or proposed project prior to issuance of a Certificate of Occupancy for any part of the Phase II Medical Office Space. In addition, AVH agrees to enter into an agreement with the City that will address how the employee housing mitigation will be met in the event the Burlingame project does not move forward, does not move forward in a timely manner or an alternative housing scenario is desired. The Agreement shall be approved and signed by the Hospital's Chief Executive Officer and the City Attorney prior to the issuance of a CO for any part of Phase II of the Hospital's Master Facility Plan. It is proposed that the first piece of the medical office space will be ready for a CO in October of 2012. 2. Section 11. AFFORDABLE HOUSING outlines that the affordable housing for Phase II will be six (6) studios and twelve (12) one-bedroom dwelling units. These 18 units are proposed to be constructed on-site. A site plan complete with access, infrastructure improvements and architectural details were all submitted for review and approved with the recordation of the Subdivision/PUD Plat and Plan. This insubstantial amendment proposes that the issuance of a CO for the 18 affordable housing units will occur prior to the final CO for the last phase of the Phase II medical office space. The completion date for the MOS and Patient Care Units is scheduled for August of 2013. The AVH design/development team is preparing to submit a building permit application in the spring of 2012 (it is estimated that the application will be submitted the end of April) for the 18 AH units. Once a building permit is issued construction will commence and is expected to be completed the spring of 2013. B. Request: Aspen Valley Hospital respectfully requests that the Subdivision/Planned Unit Development Agreement and Plat/Plan for Phase II of the Aspen Valley Hospital District Master Facilities Plan be amended to: 1. For Phase II employee mitigation requirements: AVH will work with city staff to identify and secure affordable housing units that equals housing mitigation for 6 full time employees (FTEs) meeting the Occupancy Standards as promulgated by the Aspen/Pitkin County Housing Guidelines in effect at the time of this approval equal to the previously required 6 FTEs through a buy down program, purchase of affordable housing credit, or by participating in an existing or proposed project prior to issuance of a Certificate of Occupancy for any part of the Phase II Medical Office Space. 2. Reflect that the issuance of a CO for the 18 units of on-site affordable housing shall occur prior to the issuance of a CO for the final phase of medical office space for Phase II of the Master Facility Plan. p: 970-963-8434 e:lezlamont @gmail.com c: 970-918-1357 Page 2 3. Require an agreement to be drafted between the City and Aspen Valley Hospital detailing how the employee housing mitigation will be met in the event the Burlingame project does not move forward, does not move forward in a timely manner or an alternative housing scenario is desired. We look forward to working with you on these proposed amendments. Please do not hesitate to contact me if you need more information or clarification of this request. Sincerely, Leslie Lamont, Project Planner Aspen Valley Hospital Attachments: 1. Subdivision/Planned Unit Development Agreement for Phase II of the Aspen Valley Hospital District Master Facilities Plan Reception #: 576523 2. Land Use Code standards for an Insubstantial PUD Amendment Section 26.445.100 3. Application Submittal Material • Letter of Authorization • Assessor Information Confirming Ownership of Property • Pre-Application Summary • Agreement to Pay Application Fees p: 970-963-8434 e:lezlamont@gmail.com c: 970-918-1357 Page 3 / j RECEPTION#: 576523, 14/2011 at 03:02:30 PM, 1 OF 21, R ;Aom%�00 Janice K. Vos Cauo 1, Pitkin County, CO SUBDIVISIONIPIANNED UNIT DEVELOPMENT AGREEMENT FOR PHASE II OF THE ASPEN VALLEY HOSPITAL DISTRICT MASTER FACILITIES PLAN THIS SUBDIVISION/PLANNED UNIT DEVELOPMENT AGREEMENT FOR PHASE II OF THE ASPEN VALLEY HOSPITAL DISTRICT MASTER FACILITIES PLAN (the"Agreement")is made and entered into this 20day of PVGlK66f— ,2010, by and among THE CITY OF ASPEN,COLORADO, a Colorado municipal corporation(the "City")and the Aspen Valley Hospital District,("AVH"); WITNESSETH: WHEREAS,AVH has submitted to the City for approval,execution and recording Final PUD Development plan,including without limitation,a Subdivision/PUD Plat and this Agreement(collectively the"Final PUD Agreements"),for a development proposal within Aspen,Colorado known as Phase II of the Aspen Valley Hospital District Facilities Master Plan(the"Project");and, WHEREAS,The City has fully considered the Final PUD Agreements,the proposed development and improvement of the Project,and the effects of the proposed Project on adjoining or neighboring properties and property owners;and WHEREAS,The City found that the Project meets or exceeds all the applicable development standards;and, WHEREAS,The City found that the Project meets important community needs through its provision of health care to City and District residents;and WHEREAS,The City found that the Project furthers and is necessary for the promotion of public health,safety,and welfare;and, WHEREAS,The City has imposed certain conditions and requirements in connection with its approval,execution and recordation of the Final PUD Agreements, such matters being necessary to protect,promote and enhance the public welfare;and WHEREAS,AVH is willing to meet the conditions and requirements suggested by the City in approving the Final PUD Agreements;and NOW,THEREFORE,for and in consideration of the mutual covenants and agreements herein contained,the approval, execution and acceptance of the Final PUD Agreements for recordation by the City,and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: 1. APPROVALS. Pursuant to Ordinance No.12(Series of 2010)adopted on July 12,2010 and t RECEPTION#: 576523, l.. 4/2011 at 03:02:30 PM, 2 OF 21, Janice K. Vos Caudill, Pitkin County, CO recorded as Reception No.572613 in the office of the Clerk and Recorder of Pitkin County,Colorado(the"Ordinance"),the City approved the Project including without limitation all final land use approvals for Phase II and granted a development order for a site specific development plan for the Project.The land use approvals granted by the Ordinance includes Growth Management Review for an Essential Public Facility, Subdivision,Final Planned Unit Development,and Amendment to the Zone District Map for the Project. Specifically,the Ordinance permits the AVH to develop Phase II of a four phase master facilities plan inclusive of 12,000 sq.ft.of net leasable commercial and office space for the development of medical offices which are considered accessory to, and part of the hospital function,eighteen affordable housing units, an expansion and redevelopment of the existing hospital facility to 63,416 gross square feet (including the medical office space but excluding the parking garage)and site improvements as shown in the site plans of Exhibit A of the Ordinance.These site improvements include the construction of a three level parking garage that accommodates parking for 210 vehicles.The exterior design of the hospital building and affordable housing units shall be constructed as represented to the City and shown in Exhibit A of the Ordinance. 2. REZONING. The Official Zone District Map of the City of Aspen shall be,upon filing of the Final PUD Agreements,amended by the Community Development Director to reflect a Planned Unit Development Overlay on all portions of land described as:Parcel C, Aspen Valley Hospital District Subdivision. 3. PLAT AND AGREEMENT. AVH shall record the Final PUD Agreements which shall meet the requirements of Land Use Code Section 26.480,Subdivision,and Section 26.445.070,Recording a Final PUD Development Plan,within 180 days of final adoption of the Ordinance.Prior to recording of the Final PUD Agreements AVH may submit a building permit application to the City for review; however,such building permit shall not be issued prior to recording of the Final PUD Agreements. As a result of minor and non material discrepancies in survey boundaries for the area in and around the property of AVH,there appears to be overlap between the AVH property boundary and the adjacent property boundary for Meadowood Subdivision.AVH agrees with the Meadowood Plat.The final Subdivision/PUD Plat recorded pursuant to this Project shall reflect the boundaries set forth in the Meadowood Plat.A plat rate shall reflect the basis of the change and quit claim deeds conveying the property shall be required to be given to the respected owners. 4. VOLUNTARY DEED RESTRICTION. AVH agrees to record a deed restriction prohibiting the condom iniumization of the 12,000 sq.ft.medical office space approved in Phase It.The deed restriction shall be 2 RECEPTION#: 576523, .]4/2011 at 03:02:30 PM, 3 OF 21, Janice K. Vos Caudill, Pitkin County, CO recorded prior to the Issuance of a Certificate of Occupancy of the hospitaU medical office component of the Project. 5. BUILDING PERMIT APPLICATION. The building permit application shall Include the following: a. A copy of the Ordinance and recorded P8Z Resolution. b. The conditions of approval contained in the Ordinance printed on the cover page of the building permit set. C, A completed tap 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 meets adopted City standards. e. An excavation stabilization plan,constriction management plan(CMP),and drainage and soils reports pursuant to the City's Building Department's requirements.As part of the CMP for Phase II improvements,provisions shall be made to ensure that parking for Aspen Valley Hospital visitors, staff and construction workers will be accommodated to prevent overflow in the Health and Human Services lot. f. A fugitive dust control plan to be reviewed and approved by the City's Environmental Health Department. g. A detailed excavation plan for review and approval by the City's Engineer. h. Accessibility and ADA requirements shall be addressed for all new construction to satisfactorily meet adopted City building codes. 6. DIMENSIONAL REQUIREMENTS OF PHASE II. The following approved dimensions of the project shall be reflected in the Final PUD plans for Phase ll: inimum Lot Size As represented on the Final PUD Agreements Minimum Lot Width inimum Front Yard inimum Side Yard inimum Rear Yard Maximum Site Coverage inimum Distance between 3 RECEPTION#: 576523, 4/2011 at 03:02:30 PM, 4 OF 21, Janice K. Vos Caudill, Pitkin County, CO Maximum Height a. As noted by the spot elevations a. Hospital/Medical Office depicted above grade on the"Overall Roof Space Plan"detail numbered AS-103 b. Affordable Housing b. 33'6" c. Other c. Antennas,chimneys,flues,vents or s i m i l a r structures may project a maximum of to (10)to fifteen (15)feet above the roof location the structure protrudes from as noted by Exhibit C to the Ordinance and water towers, solar panels,and mechanical equipment may project a maximum of five (5)feet above the roof location the structure is placed upon. Minimum off-street spaces (located by use:"" a. Hospital/medical office a. 105 surface and 200 parking garage space use spaces` b. Whitcomb Terrace b. 28 surface parking spaces" c. Affordable Housing c. 6 tuck under, 10 parking garage spaces,and 2 surface parking spaces d. 2 short term parking surface parking spaces to be shared between Whitcomb Terrace and the affordable housing e. 2 garage spaces in AH for common storage and maintenance equipment. Total Gross enclosed 63,416 square feet hospital/medical office space Maximum Net Leasable Commercial 12,000 square feet and Office Space otal gross affordable housing 15,500 square feet `�o t} 4 RECEPTION#: 576523, 01-1 /2011 at 03:02:30 PM, 5 OF 21, Janice K. vas Caudill, gitkin County, CO Note:*See Section 9 for further requirements. Ordinance 12 Series of 2010,states 30 surface parking spaces are required for Whitcomb Terrace. However, 2 of those spaces are to be utilized for the affordable housing units to achieve the 1 space per dwelling unit ratio as represented during City Council review. Whitcomb Terrace, pre-construction, has 28 spaces and 28 spaces will be available after Phase II construction for Whitcomb Terrace as represented wring Council review. In addition,2 visitor spaces will be added for AH and Whitcomb Terrace users. **The amended off-street parking allocation as outlined in this Subdivision/PUD Improvement Agreement supersedes Ordinance No. 12(Series of 2010)as permitted under Section 25 I.of this Agreement. 7. DESIGN ELEMENTS. a. The exterior siding and trim of the affordable housing units will be finished in a color palette dominated by neutral and/or natural tones. b. The proposed building orientation is appropriate for the site. Garage location along the"rear"of the units meets the intent of the residential design standards.The covered porch elements and entryways facing the green space are appropriate and meet the residential design standards with regard to providing a street oriented entrance, principal window and first story element. The ceiling and window heights of the living area of the upper units will be designed for high volume space allowing for multiple non-orthogonal windows. C. The loop service road will only be used for service traffic related to the function of the hospital and signs installed along that route will state that condition. d. AVH will Install landscape screening of the Affordable Housing (AH) buildings from Castle Creek Road pursuant to the intent depicted on Sheets L-104 and L-105 (Landscape Plans)of Appendix A of the Final PUD submittal and memorialized on the recorded plats. It is the intent of AVH to preserve views of Highlands ski area from Castle Creek Road while screening the AH buildings with landscaping that is installed close to the buildings as well as along the Castle Creek Road.However, it will be necessary to field locate the landscaping due to the utility easements,drainage swale,and traffic sight lines required along this corridor as well as adhere to the Parks Department comments that have been received throughout the review process. Final landscaping which meets the intent of this paragraph shall be approved by the Parks Department. e. Incorporate landscaping along Castle Creek Road,the loop service road,and the affordable housing component to screen the improvements and minimize visual impacts to neighbors and the community. 5 RECEPTION#: 576523, )4/2011 at 03:02:30 PH, 6 OF 21, Janice K. Vos CaudiL_ Pitkin County, CO 8. GROWTH MANAGEMENT ANNUAL ALLOTMENTS. AVH requested of the Planning and Zoning Commission 27,000 sq.ft.of net leasable commercial and office space from the 2010 annual allotment allowance for commercial development, which was granted by the Commission. This allotment represents the total net leasable square feet necessary to construct the entire master facilities plan over the course of the proposed four phases of development. For Phase 11, only 12,000 sq, ft. of net leasable commercial and office space is proposed leaving a balance of 15,000 sq.ft, to be used in subsequent phases in subsequent years. Required affordable housing mitigation shall be based on the amount of net leasable commercial and office space proposed and entitled in each phase of development. 9. EXCESS PARKING. With the completion of Phase 11,the overall number of parking spaces on the site will exceed the amount required to support Phase 11.Therefore, 70 parking spaces within the parking garage shall be decommissioned until the issuance of a building permit for Phase III is issued. Additionally,in the event that AVH withdraws the conceptual application for the master facilities,'does not seek an amendment to the conceptual approval for the master facilities plan or does not complete Phase III within 10 years of city council approval of Phase 11,AVH will be required to remove the 71 parking spaces located along the western side of the hospital and detailed in Exhibit B of the Ordinance. In that event,any existing paving in this area that is not necessary to use as a connection for the service loop road shall be removed. 10. ENGINEERING. The conceptual drainage design anticipates that the proposed design can meet city drainage standards. Final design and analysis shall be compliant with all sections of the City of Aspen Municipal Code,Title 21 and all construction and excavation standards published by the Engineering Department in effect prior to recordation of the final plat. If the conceptual drainage design cannot meet the above mentioned City standards,the design will need to be amended and may require review and approval by city council. Adequate handling of snow storage and drainage capacity along Castle Creek Road is required.Pedestrian/bicycle access though the site must be maintained during construction via the CMP.Additional detailed comments are included in the Development Review Committee minutes or Referral Agency Comments of Exhibit E of the City Council memo dated May 10,2010(and cited as February 8,2010 for Engineering comments within the minutes)and shall be incorporated into the final drainage plan. 11. AFFORDABLE HOUSING. The affordable housing provided in Phase 11 of the Project shall be six This phrase contains a modi rication of the language within Ordinance 12,and corrects a scrivener's error contained within that phrase of the Ordinance. 6 RECEPTIONIF: 576523, 0,,, . /2011 at 03:02:30 84, 7 OF 21, lianice K. Vos Caudill, i?itkin County, CO (6)studios and twelve(12)one-bedroom dwelling units meeting the size and rental rates of Category 3 and 4 affordable housing units of the APCHA guidelines. b. Rental units are allowed with the following conditions: 1. The deed restriction shall state that the hospital has a priority to rent the units for hospital employees;however,if a unit is unoccupied for forty-five(45)days, the hospital shall rent the unit to another qualified employee of Pitkin County. Recognizing the rotating employment opportunities of the hospital, six of the eighteen units shall be exempt from this requirement. These six units shall be exempt from APCHA's six month minimum lease requirements as well. 2. All tenants shall be approved through APCHA prior to occupancy. 3. AVH shall convey an undivided 1110"of 1%ownership interest in the deed restricted units to APCHA.The APCHA ownership interest shall be in perpetuity or until such time as the units are converted to ownership units. 4. If AVH elects to sell the units,the hospital shall condominiumize the units by forming a condominium association for the deed restricted units only.All documents associated with creating an HOA shall be approved by APCHA 5. A deed restriction shall be recorded prior to the issuance of a Certificate of Occupancy.Except as provided in Section 11(b)(1)above,all units require a lease for a minimum of six months. C. Affordable Housing Credit Balance:As required by City Council Resolution No.3(Series of 2009),each final application for a phase of development shall verify the number of employees generated in the previous phase of development as well as project the anticipated number of employees generated In the current phase of development proposed. d. AVH will work with city staff to identify and secure four(4)additional affordable housing units(2 studios and 2 one-bedrooms)through a buy down program,purchase of affordable housing credit,or by participating in an existing or proposed project prior to issuance of a Certificate of Occupancy for any part of Phase U. Once the 4 affordable housing units are secured and a Certificate of Occupancy for these units has been issued,a credit for employees generated will be added to the"Balance Available"chart below based upon the formula for the number of employees housed related to the size of the unit. Employee Credit Available mployees Employees Balance ousel Generated Available Beaumont Nbuntain Oaks&CEO House 7 0 Credit Council Resolution No 32009 Phase 1 0 Phase II 8.5 19.98 otal 5.5 19.98 166.52 7 RECEPTION#: 576523, 14/2011 at 03:02:30 PM, 8 OF 21, Janice K. Vos Caudil. Pitkin County, CO Notes: Phase II on-site AH housing equals: 6 studios @1.25 Employees housed= 7.5 12 one-bedrooms@ 1.75 Employees housed= 21.0 28.5 12. FIRE MITIGATION. NFPA 13 needs to be applied to the residential component of the Project.Final configuration of the fire sprinkler and fire alarm systems needs to be approved prior to installation.Adequate turning radii need to be provided at the main entrance of the hospital and the grade level parking.Fire hydrant locations must be approved prior to installation.The top level of the parking structure must accept the superimposed weight of fire department apparatus. 13. UTILITY DEPARTMENT REQUIREMENTS. AVH 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.Additional detailed comments are included in the Development Review Committee minutes or Referral Agency Comments of Exhibit E of the City Council memo dated May 10,2010(and cited as February 2,2010 for Utilities comments within the minutes)and shall be incorporated or addressed in the construction documents associated with Phase 11. 14. 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. Locations of food processing shall be identified prior to building permit. 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 o/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 without ACSD approval are prohibited in sewer easements or right of ways. 8 RECEPTIONY: 576523, 0, ./2011 at 03:02:30 PM, 9 OF 21, Janice K_ Vos Caudill, Pitkin County, CO 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 of a building permit. h. Any 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 ACSD main sewer lines and within 3 feet vertically below an ACSD main sewer line. j. AVH's civil engineer will be required to submit existing and proposed flow calculations. k. Easements for the main sanitary sewer line as well as access easements, dedicated to the district,will be required. I. AVH will be required to deposit funds with the district for construction costs, engineering fees,construction observation fees,and fees to clean and televise the new main sewer line extension into the project. m. The sewer service line from the ambulance bam shall be connected to the proposed new sanitary sewer service line in the access road loop. n. Both the sewer service line from the hospital and the ambulance barn shall be excavated and capped off adjacent to Meadowood Road in the Meadowood subdivision, and the corresponding easements shall be properly and legally abandoned. o. AVH shall provide the district with proper representation that will show all means and methods to preclude any and all pathological, radioactive,heavy metals, and any other hazardous material on the list of EPA prohibited toxic discharges. 15. ENVIRONMENTAL HEALTH. The Project may increase vehicular trips resulting in a negative effect on air quality if mitigation measures are not implemented.To provide such mitigation,AVH may pay the City of Aspen's Air Quality Impact Fee.AVH should design the parking garage to ensure ventilation Is adequate to prevent carbon monoxide from reaching high levels and exhaust ventilation should not be placed near any windows or doors. Adequate recycling space needs to be provided as well as wildlife proof trash containers. 16. EXTERIOR t JGHTING. All exterior lighting shall meet the requirements of the City's Outdoor Lighting 9 RECEPTION#: 576523, )4/2011 at 03:02:30 PM, 10 OF 21, Janice K. Vos Caudil, . Pitkin County, CO Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting, as may be amended prior to building permit issuance. 17. PARKS. a. An approved tree permit will be required before any demolition or access infrastructure work takes place.The City Forester should be contacted at 920- 5120. Mitigation for tree removal will be paid either through cash in lieu or replacing the trees on site. The overall mitigation for removals during this phase of improvements already has a carry-over from the construction of the Obstetrics Unit. b. A vegetation protection fence shall be erected at the drip line of each Individual tree or groupings of trees on site.The vegetation fence shall be installed at the edge of the construction impact as depicted on page P101, Master Site Phasing Diagram.This fence must be inspected by the city forester or his/her designee(920- 5120)before any construction activities are to commence. No excavation, storage of materials, storage of construction backfill, storage of equipment,foot or vehicle traffic allowed within the drip line of any tree on site.There should be a location and standard for this fencing denoted on the plan. C. General Landscaping notes: 1. New landscape along the paved trail should be no closer than 2-feet when the species reaches maturity.A 2-foot fall zone should be maintained along both sides of the paved trail. Locations will be reviewed approved during building permit submission and field verified. 2. The drip lines of the new landscaping along the proposed Nordic alignment should not encroach over the edge of the trail easement. Mature landscaping should not grow into the trail easement requiring maintenance or interfere with the grooming equipment. Locations will be reviewed approved during building permit submission and field verified. 3. New landscaping at the trail intersections for the Terrace and the Hospital entrance, pages L-105 and L-106,needs to be reconsidered. Site lines are required to be maintained. d. The Parks Department reserves the right to field locate the Nordic trail in an effort to decrease some of the proposed slopes.Once a final alignment for the Nordic trail is determined and approved by the Parks Department the alignment and use shall be memorialized with a trail easement granted by AVH to the City for use as a trail easement.This should be identified(called out)on the site plans and in a signed easement document. e. Staff wiU review in more detail the proposed culvert crossing for the summer trail and the proposed Grasscrete access the paved trail for snow removal with the construction drawings.Warning signs will need to be installed at the snow 10 RECEPTION#: 576523, Ora.,. /2011 at 03.02;30 PM, 11 OF 21, Janice K. Vos Caudill, Pitkin County, CO dump entry,which say"driveway crossing." f. The current proposed Nordic alignment should align with the connection to the existing trail located across Castle Creek Road.The connections and turns have to be able to allow for the operation of a snow cat based on the machines specifications and capabilities to properly groom. g. Construction of the detention ponds and the trail alignments shall be completed prior to the start of the winter seasons.No construction activities of any kind shall take place within the Nordic alignments, or around the Nordic alignments during winter season. h. A trail detour plan shall be developed as part of the CMP during the construction project in order to allow for the continued public access along the south side of Castle Creek Road. 18. TRANSPORTATION. A transportation demand management(tdm)plan has been submitted with the Final PUD application for Phase 11 of the AVH master facilities plan.The Applicant shall be required to meet the standards of the tdm plan.Traffic analysis will be completed every two years and based upon the report compliance with the tdm plan will be monitored and submitted to the city's Transportation Department. In the event the goals of the tdm plan are not being met any remedial measures necessary to meet the goals shall be subject to approval by the Transportation Department. As part of the Conceptual PUD approval,AVH agreed to financially contribute to improvements to the roundabout and Cemetery Lane intersections to improve capacity.The proportionate financial contribution for capacity improvements to either of these two intersections is.03%(.003)of funds the City of Aspen spends on the project(s.)As no projects have been identified,the Applicant agrees to Contribute to any projects that occur to the two intersections within seven years of approval of Ordinance No. 1.2(Series of 2010)being approved. This obligation expires on July 12, 2017. 19. SCHOOL LANDS DEDICATION FEE. Pursuant to City Land Use Code Section 26.620,School Lands Dedication, AVH shall pay a fee-in-lieu of land dedication prior to building permit issuance unless a waiver is granted by the school district. If a waiver is not granted, the City of Aspen Community Development Department shalt calculate the amount due using the calculation methodology and fee schedule in effect at the time of building permit submittal. 20. IMPACT FEES. The Parks Development Impact Fees shall not be assessed on the hospital facilities. Pursuant to City Land Use Code Section 26.610, Impact it RECEPTION#: 576523, 14/2011 at 03:02:30 PM, 12 OF 21, Janice K. Vos Caudil:, ,Pitkin County, CO Fees,AVH shall pay a Parks Development impact fee solely for the medical office space and on any residential development. However this fee may be reduced,via city council approval, commensurate with on and off-site improvements to the trail system. i The Transportation Demand Management(TDM)/Air Quality impact fee for the hospital facilities and medical office space have been waived. The TDM/Air Quality Impact fee shall be assessed for development of residential units. Impact fees shall be assessed at the time of building permit application submittal and paid at building permit issuance. The amount(of the impact fees) shall be calculated using the methodology and fee schedule in effect at the time of building permit submittal. The impact fees as outlined in this Subdivision/PUD Improvement Agreement supersede Ordinance No. 12(Series of 2010)as permitted under Section 25 I.of this Agreement. 21.SUBDIVISION IMPROVEMENTS. a. Improvements itemized. 1. RFTA Bus Stop Improvements&Doolittle Drive Shift $261,574.00 2. RFTA Bus Shelters $26,000.00 3. Castle Creek ROW Improvements $162,236.00 4. Realigned Bike/Ped Trail $45,000.00 Total $494,810.00 b.Security for Improvements.Simultaneously with the full execution by the City and AVH of the Agreement,AVH shall deposit with Stewart Title of Colorado Inc,in Aspen,Colorado("Escrow Agent")cash funds in the total amount of$494,810.00 ("Escrow Funds")as security for the completion of the improvements("Improvements") described above: ft is further agreed that$494,810.00 cash funds described above shall serve a dual purpose.It shall constitute the total of all security required for both the Improvements and for landscaping("Landscaping")which AVH is required to perform, which is described by reference to Landscaping Plan as follows: Final Application Sheets L-104 through L-108;Landscape Plan Final Application Sheet L-109; Landscaping Plant List&Notes 12 RECEPTION#: 576523, 01, -4/2011 at 03:02:30 PM, 13 OF 21, Janice K. Vos Caudill, Pitkin County, CO Landscaping Plan is recorded at Reception Number 57,E Se7 / of the Real Estate records of the Cleric and Recorder of Pitkin County,Colorado. In no event shall any Escrow Funds be released until the Landscaping is "Substantially Complete".For purposes hereof"Substantially Complete"or'Substantial Completion"shall mean that the City has inspected the Landscaping or the Improvements or both and has reasonably determined that either or both are Substantially Complete in compliance with applicable specifications and has issued a Certificate of Substantial Completion.The procedures set forth in Sections 1 and 2 Wow are intended to operate concurrently in order that the City may determine that some or all of the Improvements are Substantially Complete even though Landscaping may not yet be Substantially Complete.Despite the Substantial Completion of some or all of the Improvements,no money may be released from the Escrow Funds until the Landscaping is Substantially Complete.Once the Landscaping Is Substantially Complete,then Escrow Funds representing the cost of part or all of the Improvements which are Substantially Complete,whether at time of Substantial Completion of Landscaping or thereafter,shall be immediately released to AVH,subject to the provisions of Sections 1 and 2 below. 1. Landscaping. Upon delivery by AVH of written notice that the Landscaping has been completed and is ready for inspection("Request for Inspection")the City shall,within 14 days, inspect the Landscaping identified in the Request for Inspection. If the City finds that the Landscaping identified in the Request for Inspection is Substantially Complete the City shall,within T days,provide a Certificate of Substantial Completion to AVH and the Escrow Agent.If the City finds that all or a portion of the Landscaping identified in the Request for Inspection is not Substantially Complete,the City shall deliver a letter of potential deficiencies to AVH and the Escrow Agent within fourteen(14)days of such finding.Any such letter of potential deficiencies shall specify what part or parts of the Landscaping identified in the Request for Inspection is potentially deficient. If a letter of potential deficiencies is issued which specifies a portion of the Landscaping identified in the Request for Inspection as potentially deficient,then all Landscaping not so speed in the letter of potential deficiencies shall automatically be deemed Substantially Complete without requirement of any further action.AVH need only provide written notice to Escrow Agent,with a copy to the City,that Landscaping not identified in the letter of potential deficiency is Substantially Complete.Such notice to Escrow Agent shall be deemed the equivalent of a Certificate of Substantial Completion of those portions of the Landscaping not listed as potentially deficient by the City. If no letter of potential deficiency is furnished within the said fourteen(14)day period,all Landscaping identified in the Request for Inspection shall automatically be deemed Substantially Complete without requirement of any further action. AVH need only provide written notice to Escrow Agent,with a copy to the City that no letter of potential deficiency was provided as required hereunder.Such notice to Escrow Agent shall be deemed the equivalent of a Certificate of Substantial Completion from the City. With respect to any Landscaping identified in the Request for Inspection which is specified as potentially deficient in a letter of potential deficiencies as provided 13 RECEPTION#: 576523, 04/2011 at 03:02:30 PM, 14 OF 21, Janice K. Vos Caudik° ,'Pitkin County, CO hereunder,AVH shall have a reasonable period of time to cure any such potential deficiencies.After performing cure measures,AVH shall deliver a Request for Inspection to the City. The City will,within 14 days,inspect the Landscaping previously specified as deficient,to determine whether or not such Landscaping is Substantially Complete.If the City reasonably finds that the Landscaping previously specified as deficient is Substantially Complete,then the City shall,within 7 days,deliver a written Certificate of Substantial Completion to AVH and Escrow Agent. If the City fails to respond to AVH's Request for Inspection regarding cure measures taken as to previously identified potentially deficient Landscaping within such 7 day period,all such Landscaping identified in the Request for Inspection shall automatically be deemed Substantially Complete without requirement of any further action.AVH need only provide written notice to Escrow Agent,with a copy to the City that no letter of potential deficiency was provided as required hereunder.Such notice to Escrow Agent shall be deemed the equivalent of a Certificate of Substantial Completion from the City.If the City reasonably finds that the Landscaping previously specified as deficient is not Substantially Complete then City and AVH shall have 14 days after the City's delivery of notice to AVH of such finding,to reach written resolution regarding the Landscaping determined by the City to be potentially deficient.If AVH and the City are not able to reach resolution within such 14 day period then the City and AVH agree to submit the dispute to the Board of Appeals and Examiners of the City of Aspen(hereinafter referred to as"Board"). The Board shall base its decision upon substantial evidence presented. The Board's finding would be subject to review pursuant to C.R.C.P.Rule 106(a)(4)in accordance with the laws of the State of Colorado. If AVH has not applied to the District Court for review of the determination of the Board within that time set forth pursuant to C.R.C.P.106(a)(4)and has not obtained a Certificate of Substantial Completion regarding the potentially deficient Landscaping within such time or such additional time as may be reasonably required under the circumstances,the City may cause the Landscaping to be Substantially Complete and ttfe costs of making the Landscaping Substantially Complete shall be paid from the Escrow Funds;provided, however,that in so doing,the City's expenses shall be commercially reasonable. If the Board finds that the City's determination was correct,then AVH shall have the right to take such corrective action as may be reasonably necessary taking weather and time of year into account to correct the Landscaping found by the Board to be potentially deficient. Upon completion of such corrective action,AVH will deliver to the City a Request for Inspection.If the City determines that Landscaping found by the Board to be potentially deficient is Substantially Complete then the City shall,within 7 days,deliver a Certificate of Substantial Completion to AVH and Escrow Agent. If the City determines that Landscaping found by the Board to be potentially deficient remains potentially deficient then the City may cause such potentially deficient Landscaping to be Substantially Complete and the costs of making the potentially deficient Landscaping Substantially Complete shall be paid from the Escrow Funds;provided,however,that in so doing,the City's expenses shall be commercially reasonable. In the event the Board finds in favor of AVH,then the Landscaping in issue shall automatically be deemed Substantially Complete without requirement of any further action. AVH need only provide written notice to Escrow Agent,with a copy to the City 14 RECEPTION#: 576523, Oar 4/2011 at 03:02:30 PM, 15 OF 21, Janice K. Vos Caudill, Pitkin County, CO that the Board found in favor of AVH.Such notice to Escrow Agent shall be deemed the equivalent of a Certificate of Substantial Completion from the Board. if there are delays in performance hereunder due to,abnormal adverse weather conditions,acts of God,casualties or any causes beyond the control of AVH or the City, or by other causes which reasonably would justify delay,then the affected time period or deadline shall be extended for a reasonable period of time,as may be agreed upon by the parties. No agreement to extend may be unreasonably withheld. 2. Improvements. Upon delivery by AVH of a Request for Inspection of the Improvements or a significant part or parts thereof along with a showing of the value of the Improvements completed,the City will,within 14 days,inspect the Improvements identified in the Request for Inspection,to.determine whether or not such Improvements are Substantially Complete. if the City finds that the Improvements identified in the Request for Inspection are Substantially Complete,the City shall,within 7 days,delivery a written Certificate of Substantial Completion to AVH and Escrow Agent.Once the Landscaping is Substantially Complete and upon receipt of a Certificate of Substantial Completion for Improvements identified In the Request for Inspection,the Escrow Agent shall immediately release the appropriate amount of security representing the value of all Improvements which the City has certified as Substantially Complete.Pursuant to Section 26.445.070(C)(4)of the Land Use Code,ten percent(10%)of the value of the Improvement(s)set forth in the City's Certification of Substantial Completion shall be retained by the Escrow Agent.Once all Improvements and the Landscaping are Substantially Complete,the 10%retained shall be immediately released by Escrow Agent to AVH.if the cost to Substantially Complete the Improvements Is less than the amount itemized in Section 21(a)and the City certifies the Improvements are Substantially Complete,the total amount set forth in Section 21(a)for that item minus the 10%required to be withheld pursuant to Section 26.445.070(C)(4)of the Land Use Code shall be released to AVH. If the City finds that all or a portion of the Improvements identified in the Request for Inspection are not Substantially Complete,the City shall fumish a letter of potential deficiencies to AVH and Escrow Agent within fourteen(14) days of such finding.Any such letter of potential deficiencies shall specify which Improvements identified in the Request for Inspection are potentially deficient. If a letter of potential deficiencies is issued which specifies a portion of the improvements identified in the Request for Inspection as potentially deficient,then all Improvements not so specified In the letter of potential deficiencies shall automatically be deemed Substantially Complete without requirement of any further action.AVH need only provide written notice to Escrow Agent,with a copy to the City that the Improvements not specified in the letter of potential deficiencies is Substantially Complete.Such notice to Escrow Agent shall be deemed the equivalent of a Certificate of Substantial Completion from the City and upon receipt of such notice and If the Landscaping Is Substantially Complete,Escrow Agent is authorized to Immediately release to AVH the appropriate amount of security as such relates to Improvements that are not identified as potentially deficient in the letter subject to the 10%withholding described above.If no letter of potential deficiency is fumished within the said fourteen 15 RECEPTION#: 576523, 19/2011 at 03:02:30 FM, 16 OF 21, Janice K. Vos Caudil... :Pitkin County, CO " (14)day period,all improvements identified in the Request for Inspection shall automatically be deemed Substantially Complete without requirement of any further action.AVH need only provide written notice to Escrow Agent,with a copy to the City that no letter of potential deficiency was provided as required hereunder.Such notice to Escrow Agent shall be deemed the equivalent of a Certificate of Substantial Completion from the City and upon receipt of such notice and if the Landscaping is Substantially Complete, Escrow Agent is authorized to promptly release to AVH the appropriate amount of security as it relates to the Improvements that were automatically deemed Substantially Complete subject to the 10%withholding described above.With respect to any Improvements identified in the Request for Inspection that are specified as potentially deficient in a letter of potential deficiencies as provided hereunder,AVH shall have a reasonable period of time to cure any such potential deficiencies.After performing cure measures,AVH shall submit to the City a Request for Inspection,along with a showing of the value of the Improvements completed.The City will,within 14 days,inspect the Improvements previously identified as potentially deficient to determine whether or not such Improvements are Substantially Complete.If the City reasonably finds that the Improvements previously identified as potentially deficient are Substantially Complete,the City shall,within 7 days,deliver a Certificate of Substantial Completion to AVH and Escrow Agent.In such event and if the Landscaping is Substantially Complete,Escrow Agent shall release the appropriate amount of security to AVH within five(5)days subject to the 10%withholding described above. If the City fails to respond to AVH's Request for Inspection regarding cure measures taken as to previously identified potentially deficient Improvements within such 7 day period,all such Improvements identified in the Request for Inspection shall automatically be deemed Substantially Complete,AVH need only provide written notice to Escrow Agent, with a copy to the City that no letter of potential deficiency was provided as required hereunder.Such notice to Escrow Agent shall be deemed the equivalent of a Certificate of Substantial Completion from the City and upon receipt of such notice and if the Landscaping is Substantially Complete, Escrow Agent is authorized to promptly release to AVH the appropriate amount of security as it relates to the Improvements that were automatically deemed Substantially Complete subject to the 1095 withholding described above. If the City reasonably finds that the Improvements previously identified as potentially deficient are not Substantially Complete then City and AVH shall have 14 days after the City's finding,to reach written resolution regarding the Improvements determined by the City to be potentially deficient,If AVH and the City are not able to reach resolution within such 14 day period then the City and AVH agree to submit the dispute to the Board.The Board shall base its decision upon substantial evidence presented. The Board's finding would be subject to review pursuant to C.R.C.P.Rule 106(ax4)in accordance with the laws of the State of Colorado. If AVH has not applied to the District Court for review of the determination of the Board within that time set forth pursuant to C.R.C.P. 106(a)(4)and has not obtained a Certificate of Substantial Completion City regarding the potentially deficient Improvements within such time or such additional time as may be reasonably required under the circumstances,the City may cause the potentially deficient Improvements to be Substantially Complete and the costs of making the potentially deficient Improvements Substantially Complete shall be paid from the Escrow f=unds; provided, however,that in so doing,the City's expenses shall be commercially reasonable. 16 Aoftk RECEPTION#: 576523, OY s4/2011 at 03:02:30 PM, 17 OF 21, Janice K. Vos Caudill, Pitkin County, CO If the Board finds that the City's determination was correct,then AVH shall have the right to take such corrective action as may be reasonably necessary to correct the Improvements found by the Board to be potentially deficient.Upon completion of such corrective action,AVH will submit to the City a Request for Inspection. If the City determines that Improvements found by the Board to be potentially deficient are Substantially Complete then the City shall,within 7 days,deliver a Certificate of Substantial Completion to AVH and Escrow Agent, In such event and if the Landscaping is Substantially Complete, Escrow Agent shall release the appropriate amount of security to AVH within five(5)days subject to the 10%withholding described above. If the City determines that Improvements found by the Board to be potentially deficient remain potentially deficient then the City may cause such potentially deficient Improvements to be Substantially Complete and the costs of making such potentially deficient Improvements Substantially Complete shall be paid from the Escrow Funds; provided,however,that in so doing,the City's expenses shall be commercially reasonable. in the event the Board finds in favor of AVH,then the Improvements in issue shall automatically be deemed Substantially Complete without requirement of any further action.AVH need only provide written notice to Escrow Agent,with a copy to the City that the Board found in favor of AVH.Such notice to Escrow Agent shall be deemed the equivalent of a Certificate of Substantial Completion from the Board. Upon receipt of such notice and if the Landscaping is Substantially Complete,Escrow Agent is authorized to immediately release to AVH the appropriate amount of security as such relates to the Improvements that were at issue before the Board,minus ten percent (10%)that must be retained pursuant to the code. If there are delays in performance hereunder due to,abnormal adverse weather conditions,ads of God,casualties or any causes beyond the control of AVH or the City, or by other causes which reasonably would justify delay,then the affected time period or deadline shall be extended for a reasonable period of time,as may agreed upon by the parties. No agreement to extend may be unreasonably withheld. 22. PUQ DEVELOPMENT PLANS. Pursuant to City Land use Code Section 26.445.070 B„the Final PUD Development Plans have been recorded at Reception No r'-76,;1/ in the office of the Cleric and Recorder of Pitkin County Colorado,which plans include:(1)Final Plat;(2)Illustrative Site Plan;(3)Architectural Character Plan;(4)Landscape Plan;(5) Grading and Drainage Plan;and(6)Utility and Public Facilities Plan. 23. VESTED RIGHTS. The development approvals granted pursuant to Planning and Zoning Commission Resolution Number 8,Series of 2010 and City Council Ordinance Number 12(Series of 2010)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 17 RECEPTION#: 576523, 4/2011 at 03:02:30 PM, 18 OF 21, Janice K. Vos Caudill; Pitkin County, CO 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: Parcel C,Aspen Valley Hospital District Subdivision,Aspen, CO,by Ordinance No. 12 Series of 2010, of the Aspen City Council. 24. NON-COMPLIANCE AND REQUEST FOR AMENDMENTS OR EXTENSIONS BY AVH. In the event that the City Council determines that AVH is not acting in substantial compliance with the terms of this Agreement,the City Council shall notify AVH in writing specifying the alleged non-compliance and asking that AVH remedy the alleged non- compliance within such reasonable times as the City Council may determine, but not less than thirty(30)days. If City Council determines AVH has not complied within such time,the City Council may issue and serve upon AVH a written order specifying the alleged non-compliance and requiring AVH to remedy the same within thirty(30)days, Within twenty(20)days of the receipt of such order,AVH may file with the City Council either a notice advising the City Council that it is in compliance or a written petition requesting a hearing to determine any one or both of the following matters: a. Whether the alleged non-compliance exists or did exist,or b. Whether a variance,extension of time or amendment to this Agreement should be granted with respect to any such non-compliance which is determined to exist. Upon the receipt of such petition,the City Council shall promptly schedule a hearing to consider the matters set forth in the cease and desist order and in the petition.The hearing shall be convened and conducted pursuant to the procedures normally established by the City Council for other hearings.If the City Council determines by a preponderance of the evidence that a non-compliance exists which has not been remedied,it may issue such orders as may be appropriate;provided,however, no order terminating any approval previously granted by the City Council shall be issued without a finding of the City Council that substantial evidence warrants such action and affording AVH a reasonable time to remedy such non-compliance.A final determination of non-compliance which has not been remedied or for which no variance has been granted may,at the option of the.City Council,and upon written notice to AVH, terminate any of such approvals which are reasonably related to the requirement(s)with which AVH has failed to comply.Alternatively,the City Council may grant such variances,extensions of time or amendments to this Agreement as it may deem appropriate under the circumstances. 18 RECEPTION#: 576523, 0!-___/2011 at 03:02:30 PM, 19 OF 21, Janice K. Vos Caudill, Pitkin County, CO In addition to the foregoing,AVH or its successors or assigns may,on its own initiative,petition the City Council for a variance,an amendment to this Agreement or an extension of one or more of the time periods required for performance hereunder.The City Council may grant such variances,amendments to this Agreement,or extensions of time as it may deem appropriate under the circumstances.The parties expressly acknowledge and agree that the City Council shall not unreasonably refuse to extend the time periods for performance if AVH demonstrates by a preponderance of the evidence that the reasons for the delay(s)which necessitate said extension(s)are beyond the control of AVH,despite good faith efforts on its part to perform in a timely manner. 25. GENERAL PROVISIONS a. The provisions hereof shall be binding upon and inure to the benefit of AVH and City and their respective successors and assigns. b. This Agreement shall be subject to and construed in accordance with the laws of the State of Colorado. C. If any of the provisions of this Agreement or any paragraph,sentence, clause.phrase,word,or section or the application thereof in any circumstance is invalidated, such Invalidity shall not affect the validity of the remainder of this Agreement,and the application of any such provision,paragraph,sentence, clause, phrase,word,or section in any other circumstance shall not be affected thereby. d. This Agreement contains the entire understanding between the parties hereto with respect to the transactions contemplated hereunder and may be altered or amended from time to time only by written instruments executed by all parties hereto. e. Numerical and title headings contained in this Agreement are for convenience only,and shall not be deemed determinative of the substance contained herein.As used herein,where the context requires,the use of the singular shall include the plural and the use of any gender shall include all genders. f. Upon execution of this Agreement by all parties thereto,City agrees to approve and execute the Final Subdivision/PUD Plat for Phase Ii of the Aspen Valley Hospital District Facilities Master Plan and any other Final PUD Documents as may be necessary,and to accept the same for recordation in the Office of the Clerk and Recorder for Pitkin County,Colorado,upon payment of the recordation fee by AVH. g. Notices to be given to the parties to this Agreement shall be considered to be given if hand delivered or if deposited in the United States Mail to all of the parties by registered or certified mail at the addresses indicated below,or such other addresses as may be substituted upon written notice by the parties or their successors or assigns: Aspen Valley Hospital: David Ressler,CEO of Aspen Valley Hospital 19 RECEPTION#: 576523, ,, 04/2011 at 03:02:30 PM, 20 OF 21, �« Janice K. Vos Caudill, Pitkin County, CO 401 Castle Creek Road,Aspen Colorado 81611 Gideon Kaufman,Land Use Attorney for Aspen Valley Hospital 315 East Hyman Avenue,Suite 305,Aspen Colorado 81611 Elaine Gerson,Council for Aspen Valley Hospital 401 Castle Creek Road,Aspen Colorado 81611 John Schied,Director of Operations Aspen Valley Hospital 401 Castle Creek Road,Aspen Colorado 81611 Leslie Lamont,Land Use Planner for Aspen Valley Hospital 725 Melissa Lane,Carbondale,CO 81623 City of Aspen: Community Development Director 130 South Galena Street Aspen Colorado 81611 h. The terms,conditions,provisions and obligations herein contained shall be deemed covenants that run with and burden the land underlying the Project and any and all owners thereof,their successors,grantees or assigns,and further shall inure to the benefit of and be specifically enforceable by or against the parties hereto,their successors,grantees or assigns. t. In the event of any conflict between the terms of this agreement and the ordinance,the terms off the ordinance shall be given paramount effect, unless specifically exempted via this Subdivision/PUD Improvement Agreement, 20 RECEPTION#: 576523, OIY04/2011 at 03:02:30 PM, 21 OF 21, Janice K. Vos Caudill, Pitkin County, CO IN WITNESS WHEREOF,the parties have hereunto set their hands and seals as of the day and year first above written. CITY OF ASPEN,COLORADO,a nicipal corporation By; Michael C lrela d,mayor Atttp Kathryn S.K ,City Clerk APPROVED AS TO FORM: i By.- ,i7f L1�1 � .-John Worcfester,City Attomey ASPEN A LEY HOSPITAL DISTRICT By: 1+rJ �St DFiJn'-FjoAKD a F DI¢EGror2S 21 ATTACHMENT 2 Land Use Code Standards Insubstantial PUD Amendment Sec. 26.445.100. Amendment of PUD development order. A. PUD Insubstantial Amendments. An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: 1. A change in the use or character of the development. 2. An increase by greater than three percent (3%) in the overall coverage of structures on the land. 3. Any amendment that substantially increases trip generation rates of the proposed development or the demand for public facilities. 4. A reduction by greater than three percent (3%) of the approved open space. 5. A reduction by greater than one percent(I%) of the off-street parking and loading space. 6. A reduction in required pavement widths or rights-of-way for streets and easements. 7. An increase of greater than two percent(2%) in the approved gross leasable floor area of commercial buildings. 8. An increase by greater than one percent(1%) in the approved residential density of the development. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. Response: the proposed amendments are intended to clarify when the 18 units of Affordable Housing shall be completed and to increase the opportunities available to the Hospital to purchase employee housing units off- site. The Hospital has been working with the City's Asset Management staff to secure units in Burlingame Phase II. The condition of approval requires that the four units equal 2 studios and 2 one-bedrooms. Studios are not planned for Burlingame. Additionally,the Hospital would like to provide larger dwelling units for a more stable/permanent living situation for employees because the 18 units on-site are intended for transitional employees that are employees necessary during the Hospital's high seasons. Therefore this amendment proposes to mitigate the number of than mitigation via the purchase of a specific unit type. Employee mitigation is also being satisfied with the construction of 18 studio and one-bedroom units on-site and the purchase or deed-restriction of additional dwelling units off-site. Employee generation for Phase 11 is linked to the construction of the medical office space. City staff requests an assurance that the 18 on-site units receive a Certificate of Occupancy prior to the completion of all the medical office space for Phase I1 —the part of the Phase 11 expansion that is generating new "non-essential" employees. Ordinance 12, Series of 2010 as well as the Subdivision/PUD Agreement is silent on when the 18 units must be completed. This amendment provides a more concrete timeframe. These amendments are consistent with the representations made during the approval process and the public discourse between the Planning and Zoning Commission and City Council during the review process. The Hospital identified the number of employees generated and committed to mitigating those employees with housing either on or off-site. These amendments do not change those goals of the employee housing plan. ATTACHMENT 3 March 13,2012 Ms.Jennifer Phelan,Assistant Director Community Development Department City of Aspen 130 South Galena Street Aspen,CO 81611 Re:Aspen Valley Hospital Master Facilities Plan Phase 11 PUD Amendment(2) Dear Jennifer, For the purposes of pursuing land use review or any communication with the City of Aspen,Leslie Lamont of Lamont Planning Services, LLC,and Gideon Kaufman of Kaufman Peterson&Dishler PC, will act as authorized representatives on behalf of the Aspen Valley Hospital. Leslie Lamont Gideon Kaufman Lamont Planning Services, LLC Kaufman Peterson&Dishler PC 725 Melissa Lane 315 East Hyman Avenue Carbondale,CO 81623 Aspen CO 81611 970-963-8434 970-925-8166 Ar-76ave Ressler C.E.O./Administrator Aspen Valley Hospital 0401 Castle Creek Road Aspen, CO 81611 544-1261 THE CITY OF ASPEN Land Use Application Determination of Completeness Date: March 26, 2012 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 0019.2012.ASLU — 401 Castle Creek, Insubstantial PUD Amendment. The planner assigned to this case is myself. 0 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. Your Land Use Application is complete: If 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. CTha You, nnifer fhel '. Deputy Director City of As , Community Development Department For Office Use Only: Qualifying Applications: Mineral RightsNQtice Required SPA PUD COWOP Yes No Subdivision(creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No Commercial E.P.F.