HomeMy WebLinkAboutFile Documents.535 E Hyman Ave.0093.2018 (12).ACBKRECEPTION 586790 02172012 at
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ORDINANCE
Janice K Vos Caudill Pitkin County CO
ORDINANCE 5
Series of 2012
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN COLORADO
APPROVING HISTORIC LANDMARK DESIGNATION SUBDIVISION GROWTH
MANAGEMENT REVIEW CONCEPTUAL COMMERCIAL DESIGN REVIEW
BENEFITS THROUGH THE ASPENMODERN PROGRAM AND A SITE SPECIFIC
DEVELOPMENT PLAN FOR THE PROPERTIES LOCATED AT 517 EAST HYMAN
AVENUE 521 EAST HYMAN AVENUE AND THE PARKING LOT ON THE CORNER
OF HUNTER AND HYMAN STREETS LEGALLY DESCRIBED AS LOTS E I
BLOCK 95 INCLUDING UNITS 1 2 AND THE COMMON AREA OF THE BENTON
BUILDING CONDOMIUMUMS CITY AND TOWNSITE OF ASPEN COLORADO
PARCEL ID NUMBERS
2737 182 54001
2737 182 54002
2737 182 54800
2737 182 24002
2737 182 24004
WHEREAS the applicant Aspen Core Ventures LLC represented by Stan Clauson Associates
Inc submitted an application pursuant to Section 26415025CAspenModern Properties of
the Aspen Municipal Code to voluntarily participate in the AspenModern ninety day negotiation
period for the properties located at 517 East Hyman Avenue Lot E Block 95 the Little
Annies Building 521 East Hyman Avenue Units 1 and 2 of the Benton Building
Condominium aka Lot F Block 95 the Benton Building and the parking lot located at the
southwest corner of Hunter ant Hyman Streets Lots G H and I Block 95 and
WHEREAS the subject properties are located within the designated boundaries of the
Commercial Core Historic District as described in City Council Ordinance number 49 series of
1974 and
WHEREAS the applicant submitted a letter dated November 29 2011 requesting that the City
and the applicant negotiate the possible voluntary designation of the Little Annies and Benton
Buildings to add them as individual landmarks to the Aspen Inventory of Historic Landmark
Sites and Structures in exchange for specific benefits through the AspenModern program and
WHEREAS pursuant to 26415025C1 the ninety day AspenModern negotiation
commenced on November 29 2011 and
WHEREAS 26415025C1bstates that during the negotiation period the Community
Development Director shall confer with the Historic Preservation Commission during a public
meeting regarding the proposed building permit and the nature of the property The property
owner shall be provided notice of this meeting and
517 and 521 E Hyman Avenue
Ordinance 5 Series of 2012
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WHEREAS the property owners representative met with the Historic Preservation
Commission the HPC on December 7 2011 and December 14 2011 and
WHEREAS at their regular meeting on December 14 2011 the HPC considered the
application found that 517 E Hyman Avenue was a best example of Rustic style and that 521
E Hyman was a better example of OrganicWrightian style evaluated the designation and
proposed development and found that the policy objectives for the historic preservation
program stated at 26415010 Purpose and Intent are met and recommended City Council
Council approval of Historic Landmark Designation Conceptual Commercial Design
Review and requested benefits and fee waivers as stated in HPC Resolution numbered 16 17 and
18 Series of 2011 and
WHEREAS 26415025C1dstates that during the negotiation period Council may
negotiate directly with the property owner or may choose to direct the Community Development
Director or other City staff as necessary to negotiate with the property owner to reach a
mutually acceptable agreement for the designation of the property and
WHEREAS the property owners representative met with City Council during their regular
meeting on January 9 2012 at which time City Council voted four to one to negotiate for
landmark designation and appointed two City Council representatives to meet directly with the
property owner regarding the negotiations and
WHEREAS the two City Council representatives appointed by City Council met with the
property owner and Community Development Staff regarding negotiations and
WHEREAS the property owner the Community Development Director City staff and the two
City Council representatives designated by City Council to negotiate with the property owner
have directed City staff to prepare an ordinance containing the terms of a proposed mutually
acceptable agreement for the designation of the properties for approval or disapproval pursuant to
26415030D4 and
WHEREAS 26415025C1destablishes that as part of the mutually acceptable agreement
the City Council may at its sole discretion approve any land use entitlement or fee waiver
permitted by the Municipal Code and may award any approval that is assigned to another Board
or Commission including variations and
WHEREAS the property owner requests voluntary Landmark Designation 26415030C
AspenModern Subdivision review 26480040CSubdivisions Growth Management review
264700701 Enlargement of an historic landmark for commercial lodge or mixed use
development Certificate of Appropriateness for Major Development Conceptual
26415070D3 Conceptual Development Plan Review and Conceptual Commercial Design
Review 26412040A2Conceptual Design Review all to be consolidated with the
AspenModern ninety day negotiation process and reviewed by City Council and
517 and 521 E Hyman Avenue
Ordinance 5 Series of 2012
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WHEREAS in addition to Historic Landmark Designation Subdivision Growth Management
Certificate of Appropriateness for Major Development Conceptual and Conceptual Commercial
Design Review the applicant had identified preservation incentives that are requested as part of
the AspenModern negotiation process in a letter dated November 30 2011 Those incentives
requested include the ability to construct a 7500 square feet floor area free market residential
unit acknowledgement that the housing mitigation required for the new mixed use building will
be satisfied by the preservation and remodeling of the Benton Building and the preservation of
the Little Annies Building acknowledgement that the commercial parking requirement would
be satisfied by the preservation and remodeling activities described above a waiver of Park
Development Fees and Air Quality Transportation Demand Management fees and a reduction
of required Public Amenity space from 1500 sq ft to 405 sq ft and a waiver of public amenity
cash in lieu fee and
WHEREAS the Community Development Department performed an analysis of the application
including Landmark Designation Subdivision Review Growth Management Review Certificate
of Appropriateness for Major Development Conceptual Review and Commercial Design
Standard Conceptual Review and found that the review standards are met The staff report
analyzed the proposed preservation incentives and monetary value of the benefits where possible
and
WHEREAS the City Council finds that the proposal meets or exceeds all applicable development
standards and that the approval of the development proposal is consistent with the goals and
elements of the Aspen Area Community Plan and
WHEREAS the City Council finds that this Ordinance furthers and is necessary for the promotion
of public health safety and welfare
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN COLORADO AS FOLLOWS
Section 1 Approvals and Project Phasing
a Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen
Municipal Code the City Council hereby approves Historic Designation Subdivision
Growth Management Review Certificate of Appropriateness for Major Development
Conceptual Commercial Design Review Conceptual and a site specific development plan
subject to the conditions described herein
b Project Phasing The applicant shall be permitted to restore the Benton Building and
complete the construction of the mixed use addition during different construction phases
for the overall project approved by this Ordinance All mitigation requirements stated in
this Ordinance with the exception of the offsite affordable housing unit shall be due and
payable at the time of issuance of a building permit for the mixed use addition
517 and 521 E Hyman Avenue
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Section 2 Historic Landmark Designation
Historic landmark designation is granted for 517 East Hyman Avenue Lot E Block 95 aka
Little Annies 521 East Hyman Avenue Units 1 and 2 of the Benton Building Condominium
Lot F Block 95 aka the Benton Building The historic landmark designation encompasses theentirenewlycreated15000squarefeetparcellegallydescribedasLotsEFGHandIBlock
95 City and Townsite of Aspen Colorado Moreover the property owner has committed to a
restoration of the facade and other important exterior elements of the Benton Building as shown
on the plans dated February 13 2012
Upon the effective date of this ordinance the City Clerk shall record with the real estate recordsoftheClerkandRecorderoftheCountyacertifiedcopyofthisordinanceThelocationofthe
historic landmark property designated by this ordinance shall be indicated on the official maps of
the City that are maintained by the Community Development Department
Section 3 Subdivision
Pursuant to the procedures and standards set forth in Title 26 of the City of Aspen Municipal
Code the Aspen City Council hereby approves Subdivision of the properties located at 517 East
Hyman Avenue Lot E Block 95 521 East Hyman Avenue Units 1 and 2 of the BentonBuildingCondominiumakaLotFBlock95andtheparkinglotlocatedatthesouthwestcorner
of Hunter and Hyman Streets Lots G H and I Block 95 to merge the lots into one lot as
follows
AspenCore Lot 1 Lots E F G H and I of Block 95 City and Townsite of Aspen
containing two buildings including 1 a mixed use building that includes an addition to
521 East Hyman Avenue aka the Benton Building and 2 a one story commercial
building at 517 East Hyman Avenue aka Little Annies
A final Subdivision Plat and Subdivision Agreement that meets the requirements of Land Use
Code 26480 Subdivision shall be recorded in the Pitkin County Clerk and Recorders Office
within 180 days of the receipt of a Certificate of Appropriateness for Major Development by theHistoricPreservationCommissionAbuildingpermitmaybesubmittedpriortotherecordation
of the Subdivision Plat and Agreement but may not be issued until said Plat and Agreement are
recorded Subdivision Agreement shall include at a minimum the following information
1 An illustrative site plan of the project depicting the proposed improvement and the
approved dimensional requirements
2 A grading and drainage plan for the property
3 Approved landscape plan
4 Pedestrian enhancement plan
5 Commitment to complete or actual completion of the restoration of the Benton Building
pursuant to plans dated February 13 2012 prior to receiving a certificate of occupancy or
a conditional certificate of occupancy for any portion of the new mixed use building
6 Commitment to provide 2 million toward the Benton Building interior exterior soft
costs and hard costs including restoration of the facade and a process to account for the
funds Applicant shall restore Benton Building to its original appearance and contribute at
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Ordinance 5 Series of 2012
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least 2 million towards the Benton Building If restoration costs less than 2 million
then the remainder of the funds goes to the City for Historic Preservation efforts
7 Commitment to complete all Public Improvements
Section 4 Financial Assurances
Before the Applicant is issued a Building Permit for the mixed use addition to the Benton
Building the Applicant shall provide to the Community Development Department the following
a Cost Estimates ApplicantsGeneral Contractor shall cause to be prepared and
certified as correct cost estimates for all improvements or development for which a
Building Permit js required The cost estimates for the Public ImprovementsdescribedhereinatSection18shallbereviewedandapprovedbytheCityEngineer
The cost estimates for the implementation and maintenance of the landscape plan
described herein at Section 13 shall be reviewed and approved by the Parks
Department The cost estimates for all other improvements and development in theSubdivisionshallbereviewedandapprovedbytheBuildingDepartmentCost
estimates for the landscape plan and the Public Improvements shall be shown
separately from the cost estimates for all other improvements and development of theProjectOwnershallberesponsiblefortheimplementationandmaintenanceofthe
landscape plan and construction and installation of all Public Improvements required
by this Ordinance
b Public Improvements and Landscaping Guarantees Pursuant to and in
conformance with the requirements of 26480070C D and 26445070
C3 4 of the Aspen Municipal Code and in order to secure the performance oftheobligationsoftheApplicanttoimplementandmaintaintheLandscapePlanandtoensuretheinstallationofthePublicImprovementsApplicantshallprovidea
guarantee of no less than one hundred and twenty five percent 125 of the
estimated cost of such Landscape Plan and Public Improvements as determined and
approved in subsection a above The guarantee to implement and maintain theLandscapePlanandtocompletePublicImprovementsshallbemadebydepositing
with the City an irrevocable letter of credit with provisions as hereinafter set forth or
by providing such other security that may be acceptable to the City attorney If anirrevocableletterofcreditisusedtheirrevocableletterofcreditshallberetainedby
the City until satisfaction of Applicants obligations under this Section or earlier
released by the City The letter of credit shall be issued by a financial institution doingbusinessinAspenColoradoorsuchotherbankasshallbeapprovedbytheCityshallhaveanexpirationdatenoearlierthantwoyearsafteritsdateofissueandshall
provide that it may be drawn upon from time to time by the City in such amount or
amounts as the City may designate as justified such amounts not to exceed in theaggregatetheamountoftheletterofcreditDrawsunderanysuchletterofcreditshallbebyacertificatesignedbytheCityManageroftheCityofAspenorhis
designee stating that the City is entitled to draw the specified amount under the terms
of this Section
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Ordinance 5 Series of 2012
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c Other Improvements and Development With respect to all other
improvements or development within the Project the Applicant shall provideevidencesatisfactorytotheCommunityDevelopmentDepartmentandtheCityAttorneysOfficethattheApplicanthasinplacesufficientfinancingtoaccomplish
and complete all the development for which a Building Permit is sought Suchfinancingmayincludewithoutlimitationaconstructionloanfromaninstitutional
lender or lenders and equity capital investments from the Applicant or third party
investors The City Attorney shall have sole discretion in determining if the proposed
financing as advanced by the Applicant is sufficient to complete the development
activity for which a Building Permit is sought
d Financial Assurances for Completion of the Project The Applicant further
commits and agrees that before any Building Permit including demolitionaccessinfrastructureandorsitepreparationpermitsisissuedfortheProject
approved by this Ordinance the Applicant shall provide to the City Building
Department and the City Attorney for review and approval a copy of a PerformanceBondissuedorcommittedtobeissuedtotheApplicantsGeneralContractorbyan
institutional surety company pursuant to which the surety agrees to provide the fundsnecessarytocompletetheconstructionoftheimprovementscoveredbytheBuildingPermitandallpublicimprovementsrequiredundertheSubdivisionPUDAgreement
or by providing such other security that may be acceptable to the City attorney If a
Performance Bond is used the Performance Bond shall name the Applicant and the
City of Aspen as additional beneficiaries or insureds thereunder to grant to either or
both of them a direct right of action under the Performance Bond in order to construct
or finish public improvements and to complete the construction of the improvements
covered by the Building Permit
Section 5 Site Protection Fund
The Applicant hereby commits and agrees that before any Building Permit including demolitionaccessinfrastructureandorsitepreparationpermitsisissuedfortheProjectapprovedbythis
Ordinance the Applicant shall deposit with Pitkin County Title Inc Escrow Agent the sumof250000intheformofcashorwiredfundstheEscrowFundsandwillexecuteanEscrow
Agreement and Instructions with the Escrow Agent which recites and agrees as follows
In the event construction work on the Project shall cease for sixty 60 days or longer
work stoppage prior to a final inspection by the City of the work authorized by the
FoundationStructural Frame Permit on the Project then the City in its discretion may
draw upon the Escrow Funds from time to time as needed for purposes of protecting and
securing the Project site and improvements from damage by the elements andor fromtrespassbyunauthorizedpersonsandforpurposesofimprovingtheProjectsitetoasafe
condition such that it does not become an attractive nuisance or otherwise pose a threat to
neighbors or other persons
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Ordinance 5 Series of 2012
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The Escrow Funds or any remaining balance thereof shall be returned to Applicant uponcompletionbytheCityofafinalinspectionoftheworkauthorizedbytheFoundationStructural
Frame Permit on the Project
Section 6 Approved Dimensional Requirements
The buildings as presented in the plans dated February 13 2012 and attached as Exhibit A to thisOrdinancecomplywiththeeffectivedimensionalallowancesandlimitationsoftheCommercial
Core CC zone district as modified below Compliance with these requirements shall beverifiedbytheCityofAspenZoningOfficeratthetimeofbuildingpermitsubmittalThe
following dimensions are approved
Minimum Lot Size 15000 square feet
Minimum Lot Width 150 feet
Minimum Front Yard Setback 0 feet Hyman Avenue
Minimum Side Yard Setback 0 feet Hunter Street
Minimum Rear Yard Setback 0 feet Alley
Minimum TrashRecycle Area Alley frontage of 23 linear feet with
10 feet vertical clearance and 10 feet
deep
Maximum Building Height 41 feet for three story elements
Minimum Pedestrian Amenity Accommodated partially onsite and
with the completion of a Pedestrian
Improvement Plan as described in
7 herein
Maximum Allowable Floor Area 33005 square feet
Maximum Commercial Floor Area 24055 square feet
Maximum Net Leasable Commercial Area 22153 square feet
Maximum Residential Floor Area 8950 square feet total free market
residential allocated as follows
6950 square feet for Unit 1 and
2000 square feet for Unit 2
Maximum Residential Net Livable Area 7605 square feet total
6063 square feet for Unit 1 and
1542 square feet for Unit 2
517 and 521 E Hyman Avenue
Ordinance 5 Series of 2012
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Residential Units 2 units
Minimum Off Street Parking Spaces 3 spaces
Minor adjustments to the dimensions represented above may occur upon review of a buildingpermitaslongastheresultingdimensionsdonotexceedthoseapprovedthroughthisordinance
Decks are approved as shown in the plans attached as Exhibit A dated February 13 2012
If an application is submitted by the owner the residential floor area and residential net livableareadescribedaboveforUnit1maybedividedintotwounitsthroughanadministrativeapproval
by the Community Development Director The residential floor area and residential net livable
area described above may not be increased without approval by City Council Growth
Management mitigation for the third free market residential unit is required and shall be in theformofacashinlieupaymentcalculatedatthetimeofbuildingpermitsubmittalforthethird
unit
Section 7 Affordable Restaurant Deed Restriction
The site currently occupied by Little Annies Restaurant the Restaurant Site shall be
restricted in perpetuity by a deed restriction approved by the city Attorney and thereafter recordedwiththeClerkandRecordersOfficeofPitkinCountysothattheRestaurantSitemaybeused
only for the operation of a low priced restaurant as hereinafter defined Future rent for the
Restaurant Site shall not exceed rent for the current year as adjusted each calendar year
thereafter by an amount equal to the percentage increase if any in the CPI U US City Average
All Items 1982 84100 Consumer Price Index the CPI over the CPI in effect for the month
and year of the effective date of this ordinance For purposes of this paragraph the term lowpricedrestaurantmeansarestaurantofferingmenuitemspricednotmoreexpensivelyonarelativebasiswhencomparedtoothersitdownrestaurantsinAspenColoradothanthecurrentmenupricesAcopyofthecurrentmenupricesattheRestaurantSiteshallbekeptandmaintainedbytheCityofAspenCommunityDevelopmentDepartmentwhichshallconstituteconclusiveevidenceofthecurrentmenupricesAnyotherusesincludingotherusesallowedin
the CC Zone District as a matter of right or any greater increases in rent shall be permitted only
upon the agreement of the Owner and the City The deed restriction shall be recorded prior tograntingacertificateofoccupancyforthemixeduseadditionTheapplicantshallmakea
reasonable good faith effort to find a tenant for the space
Section 8 Impact and Development Fees
Public Amenity SpaceTheopenspaceinfront of the Benton Building qualifies as Public Amenity space and meets aportionoftherequirementPursuanttoLandUseCodeSubsection26575030c2PublicAmenitytheApplicantcommitstoprovidetheremaining73ofthepublicamenityrequirementoffsitethroughthecompletionofapedestrianimprovementplanThepedestrianimprovementplanshallprovideextensiveimprovementstotheHymanandHunterStreetsrightofwaysandissubjectto
approval by the Parks Community Development and Engineering Departments The
improvements shall be installed at the cost of the Applicant and shall be in addition to the basicstreetcurbguttersidewalkandlandscapingimprovementsrequiredundertheMunicipalCode
517 and 521 E Hyman Avenue
Ordinance 5 Series of 2012
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The property owner has agreed to undertake an architectural study to see if it is reasonably possibletoprovideaccessibilityinaccordancewithBuildingCoderequirementstotheLittleAnnies
building without disrupting existing restaurant operations
Parks Development and Air OualitvTDM Impact FeesPursuanttoLandUseCode26610030Exemptions development involving a property listed on
the Aspen Inventory of Historic Landmark Sites and Structures is exempt from the Parks
Development and Air Quality TDM Impact Fees
School Lands Dedication
Before the Applicant is issued a Building Permit the Applicant shall pay a fee in lieu of landdedicationpursuanttoChapter26620SchoolLandsDedicationTheamountofthefeeshallbecalculatedbytheCommunityDevelopmentDepartmentusingthecalculationmethodandfee
schedule in effect at the time the applicant submits a Building Permit
ParkingPursuant to Land Use Code 26515 Parking new net leasable area is required to mitigate parkingimpactseitherthroughonsitespacesorcashinlieuTheApplicantagreestopaythefollowingcash
in lieu fee prior to the building permit issuance
15859 sq ft net leasable 1000 sq ft 158 parking spaces required
158 spaces required 3 onsite spaces provided 128 parking spaces
128 x 30000space 384000
An increase to the 15859 square feet of net leasable area described above shall require additional
cash in lieu payment according to the above methodology
Section 9 Employee Generation and Mitigation
The existing net leasable calculation for both the Benton Building 521 E Hyman Avenue andLittleAnnies517EHymanAvenueis7505squarefeetCityCouncilherebygrantsacreditofcommercialnetleasableforthepreservationofthesebuildingsPursuanttoChapter26470
Growth Management of the Aspen Land Use Code historic landmarks are eligible for growthmanagementbenefitsAssuchthetwofreemarketresidentialunitsarepermittedwithoutaffordablehousingmitigationforthehistoricpreservationoftwobuildingsFollowingisacalculationoftheaffordablehousingrequirementandthemannerinwhichitisproposedtobe
provided
Existing Commercial Net Leasable Calculation
Benton Building
Main Level
2375 x 41 FTEs 1000 sf 97375 FTEs
517 and 521 E Hyman Avenue
Ordinance 5 Series of 2012
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Benton Building Upper Floors
2670 x 3075 FTEs1000 sf 821025 FTEs
Total Benton Building existing net leasable 1794775 FTEs
Little Annies
Main Level
2460 x 41 FTEs 1000 sf 10086 FTEs
Preservation credit for existing net leasable
1794775 10086 2803375 FTEs
New Commercial Net Leasable Calculation
Main Level
6096 x 41 FTEs 1000 sq ft 249936 FTEs
Upper Floors and Basement Level
9763 x 30751000sf 30021225FTEs
Total new commercial net leasable 55014825 FTEs
Calculation for the enlargement ofa historic landmark for mixed use development
55014825 2803375 26981075 Total FTEs
The first 4 employees require 0 mitigation 2 landmarks means the first 8 employees require
0 mitigation
0 FTEs generated for first 8 employees
The second 4 employees require mitigation at 30 2 landmarks means the second 8
employees require 30 mitigation
8 x 30 24 FTEs generated for the second 8 employees
The remaining employees are mitigated at 60
26981075 2 x 8 10981075
10981075 x 60 6588645FTEs
0 24 6588645 8988645 employees to be housed by this project
The project is required to provide housing mitigation to house 9 employees and has represented acommitmenttopaycashinlieuforapproximately80ofthetotalmitigation725FTEswhich
equals 725 x 139890 101420250 and approximately 20 of the total mitigation 175
FTEs shall be provided in the form of an offsite unit or affordable housing credits
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Ordinance 5 Series of 2012
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The offsite unit shall meet the requirements of the Aspen Pitkin County Housing Authority
Guidelines and shall be deed restricted in accordance with Aspen Pitkin County Housing Authority
requirements at Category 4 or lower A Certificate of Occupancy shall be granted and a deedrestrictionshallberecordedfortheoffsitehousingunitpriortotheissuanceofaCertificateof
Occupancy or a Conditional Certificate of Occupancy for the mixed use addition If applicableaffordablehousingcreditsshallbeextinguishedpriortoaCertificateofOccupancyforthemixed
use addition
Section 10 Growth Management Quota System Allotments
The following Growth Management allotments are hereby granted to the Project
a Residential Free Market 2 units
b Commercial Net Leasable 15859 square feet
Section 11 Design Review
Conceptual Commercial Design Review and Certificate of Appropriateness for MajorDevelopmentConceptualincludingmassscaleandheightoftheprojectisherebygrantedaspresentedintheplansdatedFebruary132012attachedasExhibitAtotheOrdinanceFinalCommercialDesignReviewasdescribedinLandUseCode26412CommercialDesignReviewandaCertificateofAppropriatenessforMajorDevelopmentFinalasdescribedinLandUseCode26415070Developmentinvolvingdesignatedhistoricpropertiesarerequiredtobegrantedbythe
Historic Preservation Commission prior to the issuance of a Development Order
Section 12 Building Permit
The applicant may not submit a Building Permit Application with the exception of a buildingpermitfortheBentonBuildingexteriorrestorationandinteriorremodeluntiltherequirementsin
Land Use Code 26304075 Building Permit are fulfilled The building permit application
shall include the following
1 A copy of the Development Order issued by the Community Development Department
see 26304075A2City of Aspen Municipal Code
2 A copy of the final City Council Ordinance and HPC Resolutions3Theconditionsofapprovalshallbeprintedonthecoverpageofthe Building Permit set
4 A fugitive dust control plan to be reviewed and approved by the City Engineering
Department5Anexcavation stabilization plan construction management plan CMP drainage and
soils report pursuant to Engineering and Building Department requirements
6 A grading report pursuant to Engineering Department requirements
7 Accessiblity and ANSI requirements shall meet adopted Building Code requirements
8 Evidence that the landscape plan received approval from the Parks Department
9 Evidence that the cost estimates for the landscaping plan and Public Improvements
received approval from the Community Development Department10EvidencethattheFinancialAssurancesandSiteProtectionFund commitments set forth
at Section 4 5 above have been met
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Section 13 EngineeringTheApplicantsdesignshall be compliant with all sections of the City of Aspen Municipal CodeTitle21Title28andallconstructionandexcavationstandardspublishedbytheEngineering
Department A construction management plan must be submitted in conjunction with thebuildingpermitapplicationAcompleteddrainagereportplanasoutlinedintheUrbanRunoffManagementPlanshallbesubmittedandapprovedpriortorecordationofFinalPlatandbuildingpermitissuanceforthemixeduseadditionAcompletegradingreportshallbesubmittedand
approved prior to recordation of Final Plat Failure to meet the standards in Title 21 and Title 28mayresultinaphysicalchangetotheprojectandpossiblereviewbyCityCouncilandorHPCtoamendthedesignAnytransformerstelephonepedestalsandanyotherabovegroundutility
boxes will need to be located on the property instead of the ROW
Section 14 Parks
1 The Parks Department shall review and approve a Landscape Plan prior to building
permit submittal for any phase of the project
2 Landscaping in the public Right ofway ROW shall be subject to landscaping in theRightofwayrequirementsAspenMunicipalCodeChapter2120AllplantingswithintheCityRightofwaymustbeapprovedbytheCityParksDepartmentpriorto
installation
3 Right ofway requirements necessitate adequate irrigation pressure and coverage if a
system is not in place one will need to be added
4 An approved tree removal permit shall be required before any demolition or access
infrastructure work occurs
Section 15 Fire Mitigation
Before the Applicant is issued a Building Permit the Applicant shall obtain the approval of the
Fire Marshal of a Fire Protection Plan which shall include the following elements
1 Compliance with all codes and requirements of the Aspen Fire Protection District
2 Sprinkler fire alarms and carbon monoxide alarms are required IFC as amended
Section 903 and 907
3 Documentation that the proposed development has sufficient volume and pressure of
water for the sprinklers or other fire suppression system adequate to satisfy the
Districts standards for the type of structures proposed by the approved development
This requirement shall be satisfied by an analysis acceptable to the Water Department
which demonstrates system delivery capacity of existing water distribution system at
the Water Departments main water to the approved development of no less than
3000 gallons per minute
4 An overall access plan for the site
Section 16 Sanitation District
Service is contingent upon compliance with the Districts rules regulations and specifications
which are on file at the District office
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Section 17 Water Department
The Applicant shall comply with the City of Aspen Water System Standards with Title 25 andwiththeapplicablestandardsofTitle8WaterconservationandPlumbingAdvisoryCodeoftheAspenMunicipalCodeinplaceatthetimeofbuildingpermitsubmittalasrequiredbytheCityofAspenWaterDepartmentEachoftheunitswithinthemixedusebuildingshallhaveindividual
water meters
Section 18 Exterior Lighting
All exterior lighting shall meet the requirements of the Citys Outdoor Lighting Code pursuant to
Land Use Code 26575150 Outdoor Lighting
Section 19 Public ImprovementsTheApplicanthasagreedtoperform certain Public Improvements and completion of said PublicImprovementsisherebymadeaspecificconditionoftheapprovalofthisOrdinanceApplicantshallfaithfullycompletethePublicImprovementslistedbelowbeforetheApplicantisissuedaCertificateofOccupancyoraConditionalCertificateofOccupancybytheBuildingDepartmentforthemixeduseadditionThedeterminationofsatisfactorycompletionofthePublicImprovementsshallbewithinthesolediscretionoftheCityEngineeringorBuildingDepartmentsApplicantshallconfirmitsagreementtocompleteallPublicImprovementsinthe
Subdivision Agreement
The following are Public Improvements the Applicant has agreed to complete
a compliance with the parks improvements including a Landscape Plan referenced in
14 hereinbthepublicamenity requirement set forth at 8 herein
Section 20 Vested RightsThedevelopmentapprovals granted herein shall constitute a site specific development plan and avestedpropertyrightpursuanttoLandUseCodeSection26308011attachingtoandrunningwiththeSubjectPropertyandshallconferupontheApplicanttherighttoundertakeandcompletethesitespecificdevelopmentplananduseofsaidpropertyunderthetermsandconditionsofthesitespecificdevelopmentplanincludinganyapprovedamendmentstheretoThevestingperiodofthesevestedpropertyrightsshallbeforthree3yearswhichshallnotbegintorununtilthedateofthepublicationsrequiredtobemadeassetforthbelowHoweveranyfailuretoabidebyanyofthetermsandconditionsattendanttothisapprovalshallresultintheforfeitureofsaidvestedpropertyrightsUnlessotherwiseexemptedorextendedfailuretoproperlyrecordallplatsandagreementsrequiredtoberecordedasspecifiedhereinwithin180daysoftheeffectivedateofthedevelopmentordershallalsoresultintheforfeitureofsaidvestedpropertyrightsandshallrenderthedevelopmentordervoidwithinthemeaningof26104050VoidPermitsZoningthatisnotpartoftheapprovedsitespecificdevelopmentplanshallnotresultinthecreationofavestedpropertyrightForpurposesofthisprovisionthesubmissionandacceptanceofabuildingpermitapplicationfortherestorationoftheBentonBuildingaspartoftheenlargementofahistoriclandmarkthatisdeemedcompletebytheChiefBuildingInspectorpursuanttoLand
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Ordinance 5 Series of 2012
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Use Code Section 26304075 shall prevent the expiration of the vested rights of the applicant
and any related development orders under Land Use Code Section 26304070D
No later than fourteen 14 days following final approval of this Ordinance the City Clerk shall
cause to be published in a newspaper of general circulation within the jurisdictional boundaries oftheCityofAspenanoticeadvisingthegeneralpublicoftheapprovalofasitespecificdevelopmentplanandcreationofavestedpropertyrightpursuanttoChapter26308Vested
Property Rights Pursuant to 26304070A Development Orders such notice shall be
substantially in the following form
Notice is hereby given to the general public of the approval of a site specificdevelopmentplanandthecreationofavestedpropertyrightvalidforaperiodofthree3yearspursuanttotheLandUseCodeoftheCityofAspenandTitle24Article68ColoradoRevisedStatutespertainingtothefollowingdescribed
property 517 East Hyman Avenue Lot E Block 95 521 East Hyman AvenueUnits1and2oftheBentonBuildingCondominiumakaLotFBlock95andtheparkinglotlocatedatthesouthwestcornerofHunterandHymanStreetsLots
G H and I Block 95 by Ordinance of the City Council of the City of Aspen
Nothing in this approval shall exempt the Development Order from subsequent reviews andapprovalsrequiredbythisOrdinanceofthegeneralrulesregulationsandordinancesortheCityofAspenprovidedthatsuchreviewsandapprovalsarenotinconsistentwiththisOrdinance
The vested rights granted hereby shall be subject to all rights of referendum and judicial reviewTheperiodoftimepermittedbylawtoexercisetherightofreferendumtorefertotheelectoratethisSectionofthisOrdinancegrantingvestedrightsortoseekjudicialreviewofthegrantofvestedrightsshallnotbegintorununtilthedateofpublicationofthenoticeoffinaldevelopmentapprovalassetforthaboveTherightsofreferendumdescribedhereinshallbenogreaterthanthosesetforthintheColoradoConstitutionandtheAspenHomeRuleCharter
Section 21
All material representations and commitments made by the Applicant pursuant to the developmentproposalapprovalsashereinawardedwhetherinpublichearingordocumentationpresentedbeforetheHistoricPreservationCommissionorCityCouncilareherebyincorporatedinsuchplan
development approvals and the same shall be complied with as if fully set forth herein unless
amended by an authorized entity
Section 22
This ordinance shall not affect any existing litigation and shall not operate as an abatement of anyactionorproceedingnowpendingunderorbyvirtueoftheordinancesrepealedoramendedashereinprovidedandthesameshallbeconductedandconcludedundersuchpriorordinances
Section 23
If any section subsection sentence clause phrase or portion of this ordinance is for any reasonheldinvalidorunconstitutionalinacourtofcompetentjurisdictionsuchportionshallbedeemeda
517 and 521 E Hyman Avenue
Ordinance 5 Series of 2012
Page 14 of 15
10/09/18
separate distinct and independent provision and shall not affect the validity of the remaining
portions thereof
The City Clerk is directed upon the adoption of this ordinance to record a copy of this ordinance in
the office of the Pitkin County Clerk and Recorder
Section 24
A public hearing on this ordinance shall be held on the 13 day of February 2012 at a meeting oftheAspenCityCouncilcommencingat500pmintheCityCouncilChambersAspenCityHallAspenColoradoaminimumoffifteendayspriortowhichhearingapublicnoticeofthesameshallbepublishedinanewspaperofgeneralcirculationwithintheCityofAspen
INTRODUCED READ AND ORDERED PUBLISHED as provided by law by the City
Council of the City of Aspen on the 6 day of February 2012
Michael Ireland May
AT Sergi elIL
rk4tA
athryn Koch ty Clerk
FINALLY adopted passed and approved this 13 day of February 2012
Michael C Ireland ayor
40 2440 ta
Kathryn Koch City Clerk
APPROVED AS TO FORM
C
John Worcester City Attorney
Exhibit A Plans representing dimensional requirements
517 and 521 E Hyman Avenue
Ordinance 5 Series of 2012
Page 15 of 15
10/09/18
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