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HomeMy WebLinkAboutordinance.council.05-26RECEPTION#: 716688, R: $43.00, D: $0.00 DOC CODE: ORDINANCE Pg 1 of 29, 05/20/2026 at 10:02:22 AM ORDINANCE #05 Ingrid K. Grueter, Pitkin County, CO (SERIES OF 2026) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING WITH CONDITIONS A MAJOR PLANNED DEVELOPMENT PROJECT REVIEW AMENDMENT, USE VARIATION, GROWTH MANAGEMENT REVIEW, CERTIFICATES OF AFFORDABLE HOUSING CREDIT, RESIDENTIAL DESIGN STANDARDS REVIEW, PARKING & TRANSPORTATION REVIEW, AND VESTED RIGHTS REVIEW ADJUSTMENT FOR LOTS 1A, 2, AND 3, THE ASPEN MEADOWS SUBDIVISION, ACCORDING TO THE ASPEN MEADOWS FINAL S.P.A. DEVELOPMENT PLAN AND FINAL SUBDIVISION PLAT RECORDED JANUARY 24, 1992 IN PLAT BOOK 28 AT PAGE 5... (FULL LEGAL DESCRIPTIONS FOUND IN EXHIBIT A) COUNTY OF PITKIN, STATE OF COLORADO. Parcel ID: Lot lA 2735-121-29-008; Lot 2 2735-121-29-802; Lot 3 2735-121-29-803 WHEREAS, the Community Development Department received a joint land use application from The Aspen Institute, Inc., 790 Meadows Road, Aspen, CO 81611, Music Associates of Aspen, Inc. d/b/a Aspen Music Festival and School, 960 North Third St, Aspen, CO 81611, and Aspen Center for Physics at 700 West Gillespie St, Aspen, CO 81611 (referred to collectively herein as "Aspen Meadows" or "Applicants") requesting approval for three adjoining but separate and independent projects for the following land use review approvals: • Planned Development — Project Review pursuant to Land Use Code Section 26.445; and, • Use Variation Standards pursuant to Land Use Code Section 26.445.060; and, • Growth Management Review pursuant to Land Use Code Section 26.470; and, • Certificates of Affordable Housing Credit pursuant to Land Use Code Section 26.540; and, • Residential Design Standards pursuant to Land Use Code Section 26.410; and, • Transportation & Parking Management pursuant to Land Use Code Section 26.515; and, • Vested Property Rights pursuant to Land Use Code Section 26.308; and, WHEREAS, the Application is a joint application for development on three separate parcels identified herein by parcel ID as Lot IA, Lot 2, and Lot 3. These parcels are adjacent to one another and governed by the Aspen Meadows Final S.P.A. Development Plan and Final Subdivision Plat recorded at Reception #340938 (Plat Book 28 Pages 5-50). While the Applicants have submitted one application, the intent of the applicants is to proceed with development on their respective parcel independently of the development approved for the other parcels, such that some, part, or all of the aspects of approval may be utilized by the respective owners of the parcels as follows: • Lot lA - The Aspen Institute, Inc. proposes an Affordable Housing Development consisting of 13 housing units housing 29.75 FTEs and an additional 7,376 net leasable sq ft of Essential Public Facility space (inclusive of Essential Public Facility space and allocated non -unit space); • Lot 2: The Music Associates of Aspen, Inc., d/b/a the Aspen Music Festival and School ("MAA") proposes an Affordable Housing Development consisting of 13 housing units housing 24 FTEs with a new access point from North Fourth St; • Lot 3: The Aspen Center for Physics proposes an Affordable Housing Development consisting of 28 housing units with 51 bedrooms and a replacement of 3,891 net leasable sq ft of Essential Public Facility space (inclusive of Essential Public Facility space and allocated non -unit space); and, WHEREAS, the proposed development on each parcel has been informed by neighborhood and community outreach, including two community open houses, neighborhood conversations, an open questionnaire, and individual conversations with neighbors and community members; and, WHEREAS, the Community Development Department Staff reviewed each of the three proposed applications for development independently for compliance with the applicable review standards; and, WHEREAS, the Development Review Committee, consisting of the Aspen Consolidated Sanitation District, City Engineering, the Building Department, the Environmental Health Department, the Parks Department, the Aspen/Pitkin County Housing Authority, and the Utilities Department provided referral comments to the Community Development Department; and, WHEREAS, the City of Aspen. Planning and Zoning Commission reviewed and considered the application under the applicable provisions of the Municipal Code as identified herein, reviewed the projects, heard public comment, and considered the recommendation of the Community Development Director, at duly noticed public hearings on September 17th, 2025, October 15th, 2025, and November 5th, 2025; and, WHEREAS, on November 5th, 2025, the City of Aspen Planning & Zoning Commission found that the proposed development meets the applicable review criteria, and that approval of the requests is consistent with the goals and objectives of the Land Use Code, and voted to approve Resolution #10, Series of 2025, by a five to one (5-1) vote, recommending approval of the Applicants' requests for Major Planned Development Project Review Amendment, Use Variation Standards, Growth Management Review, Certificates of Affordable Housing Credit, Residential Design Standards, Transportation and Parking Management, and Vested Rights Review; and WHEREAS, the City of Aspen City Council has reviewed and considered the Applicants' requests under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the Planning and Zoning Commission, the applicable referral agencies, and has taken and considered public comments at a public hearing; and, WHEREAS, the Aspen City Council reviewed the application at a regular meeting on January 27th, 2026 and approved Ordinance #05, Series of 2026 in a five to zero (5 — 0) vote at First Reading; and, F) WHEREAS, the Aspen City Council reviewed the application at a regular meeting on February 24th, 2026 and voted to continue the application until March 1 Oth, 2026; and, WHEREAS, the Aspen City Council reviewed the application at a regular meeting on March 10th, 2026 and voted to continue the application until March 241h, 2026; and, WHEREAS, the Aspen City Council reviewed the application at a regular meeting on March 24th, 2026 and voted to continue the application to a special meeting on April 201h, 2026; and, WHEREAS, the Aspen City Council reviewed the application at a special meeting on April 20th, 2026 and approved Ordinance #05, Series of 2026 in a four to one (4 - 1) vote to approve each of the proposed projects for all three Applicants, with conditions; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED, THE ASPEN CITY COUNCIL APPROVES OF THE JOINT DEVELOPMENT APPLICATION SUBMITTED BY THE ASPEN INSTITUTE, INC., MUSIC ASSOCIATES OF ASPEN, INC. D/B/A THE ASPEN MUSIC FESTIVAL AND SCHOOL, AND THE ASPEN CENTER FOR PHYSICS, SUBJECT TO THE FOLLOWING CONDITIONS: PART A: APPROVAL FOR DEVELOPMENT OF THE ASPEN INSTITUTE, INC. PROPERTY WITH CONDITIONS Section 1: Aspen Institute Planned Development — Major Amendment, Project Review The components of the application for development on Lot 1 A by The Aspen Institute, Inc. included all required submissions per Land Use Code Section 26.445.080 and have been reviewed and approved subject to 26.445.050, Project Review Standards. The following dimensions and uses for The Aspen Institute, Inc. property are approved by this Ordinance: Part A Section 1: Aspen Institute Dimensional Standards Table Floor Area* 17,299 sq ft (421 sq ft Essential Public Facility; 16,223 sq ft Housing Units; 655 sq ft Non -Unit Area) Net Leasable Area (for Essential Public 7,376 sq ft Essential Public Facility Space (6,247 sq ft in basement, plus 1,129 sq Facility)* ft allocated Non -Unit Area) Net Livable Area (for Affordable 15,535 sq ft Housing Units (12,332 sq ft in Housing Units, plus 3,203 sq ft Housing)* allocated Non -Unit Area) Total Deck Areas* 446 sq ft (associated with Housing Units) and 144 sq. ft. (associated with the removal of the skylight at the Walter Isaacson Center) Building Height 23 feet 6 inches; roof -mounted mechanical and skylights to comply with calculation methodology of 26.575.020 3 North (measured from existing tennis courts to remain): 25 ft Setbacks East (measured from Conservation Easement): 5 ft South (measured from Conservation Easement): 5 ft West (Meadows Road): 10 ft (Oft for sub grade garage) * - these dimensions shall have up to 10% flexibility as part of the approved dimensional standards Part A Section 1: Aspen Institute Affordable Housing Units Table Unit Number Bedroom Square Footage FTEs Mitigated, per 26.470.050.d Unit 101 3-bd 1278 3 Unit 102 2-bd 871 2.25 Unit 103 2-bd 962 2.25 Unit 104 2-bd 966 2.25 Unit 105 2-bd 950 2.25 Unit 106 1-bd 636 1.75 Unit 201 3-bd 1275 3 Unit 202 2-bd 921 2.25 Unit 203 2-bd 961 2.25 Unit 204 2-bd 968 2.25 Unit 205 2-bd 950 2.25 Unit 206 1-bd 635 1.75 Unit 207 2-bd 959 2.25 13 units 26 bedrooms 129332 29.75 Part A Section 1: Aspen Institute Transportation and Parking Table Total Parking Spaces 124 total spaces (5 on surface, 119 in garage) Parking Assigned to 13 spaces Housing Units Parking Assigned to new Essential Public 16 spaces Facility space Additional Golf Cart 24 additional spaces in garage Parkin Transportation 20.54 trips, per submitted TIA Mitigation Section 2: Aspen Institute Planned Development — Detailed Review and Final PD Plans Pursuant to Land Use Code Section 26.445.090, Documents & Deadlines, The Aspen Institute, Inc. shall comply with the following deadlines: A. Within one hundred eighty (180) days following the date of this Project Review Approval, The Aspen Institute, Inc. shall prepare and submit an approved plan set documenting the approval for Lot IA. B . Within one (1) year of this Project Review Approval, The Aspen Institute, Inc. shall prepare and submit the Detail PD Application. This application need not be submitted in conjunction with those for the other Aspen Meadows owners (Aspen Center for Physics or 2 the MAA) and shall be processed and acted on independently of the Detail PD Applications for the other owners. C. All Detail PD Plans and Development Documents shall be submitted pursuant to the dates and deadlines in the Land Use Code, or as otherwise amended in the Detail PD approval. D. Building permits may be applied for, but not issued prior to recording the Detail PD documents described herein. Section 3: Aspen Institute Growth Management Review A. The Aspen Institute, Inc. is granted allotments for 13 affordable housing units and .7,376 sq ft of Essential Public Facility Space. B. An audit for employees associated with the new Essential Public Facility Space shall be required at two (2) and five (5) years following the Certificate of Occupancy to confirm this. The auditor and audit will be reviewed and approved by APCHA. Any costs associated with the audit will be at the expense of The Aspen Institute, Inc. C. Only those employees that are a result of the expanded Essential Public Facility space shall be subject to future mitigation. The housing units provided but not used to establish Certificates of Housing Credits, as identified in Section 6 of this Part A of this Ordinance, can be used to meet any mitigation requirements at that time. One -Hundred percent (100%) of any FTEs generated shall be mitigated. D. APCHA shall request the audit from The Aspen Institute, Inc. Failure to request the audit shall not render any of the approvals invalid. The Aspen Institute, Inc. shall provide APCHA and the Community Development Department with the audit report. APCHA and the Community Development Department shall forward the audit to the APCHA Board, P&Z, and/or City Council, as applicable. Section 4: Aspen Institute Residential Design Standards A. The proposal by the Aspen Institute, Inc. for development on Lot 1 A development meets Option 1 for building orientation as required by Land Use Code Section 26.412.040.b.4. B. The proposal by the Aspen Institute, Inc. for development on Lot I meets the requirements of Residential Design Standards as proposed, and no variations are required. Minor design adjustments as part of the Final PD review or subsequent Amendments shall be reviewed in accordance with the procedures of Land Use Code Section 26.412, as amended. Section 5: Aspen Institute Aspen Pitkin County Housing Authority Conditions of Approval: A. The proposed Housing Units shall be deed restricted in accordance with the framework described in this Section, The final form of which shall be approved by the City Attorney B. The units shall be deed restricted to enable flexibility in the Category of tenants, up to Resident Occupied (RO). C. The maximum rental rate that will be charged will be based on the category of that specific household and in accordance with the APCHA Guidelines. D. The units shall be used to provide housing for full-time, part-time, visa or intern employees of Lots 1 A and 1 B of the Aspen Meadows PD, and selected at the sole and absolute discretion of The Aspen Institute, Inc. Under all circumstances, employees of Lots lA and 1B shall be prioritized for use of the housing units. Use of the units by others, as described below, shall only occur if the period of tenancy will not interfere with The Aspen Institute, Inc.'s regular use of the units for their employees. 1. If employees of lots lA and 113 of the Aspen Meadows PD are not able to utilize the housing units for any reason, the units shall first be made available to other Aspen Meadows owners (MAA and Aspen Center for Physics) for the use of their employees. 2. If the other Aspen Meadows owners are not able to utilize the housing units for any reason, the units shall then be made available to other non-profit organizations in Pitkin County for use by their employees. 3. If no Pitkin County non-profit organizations elect to utilize the housing units for their employees, the units shall then be made available to other Pitkin County employers for use by their employees. E. All bedrooms shall be large enough to contain at least a queen -size bed, dresser drawers, and must contain a closet. F. Each unit must include a cooking area meeting the definition of a kitchen as stated in the Regulations. G. Each unit shall have access to the proposed laundry facility. H. A deed restriction consistent with the terms of this Section 5 of this Part A shall be provided to The Aspen Institute, Inc. to be signed and recorded on each unit, up to the RO designation, prior to Certificate of Occupancy. I. Maximum rental rates are specified in the APCHA Regulations and the following must be followed. 1. Tenants may not be charged for the following, either as rent or in addition to rent: i. Cost of electricity, gas, water and sanitation in common areas ii. Condominium dues/assessments iii. Management costs iv. Property taxes v. Landscaping costs vi. Snow plowing/shoveling vii. Condominium Insurance 2. Additional costs that can be charged to the tenant, but must be verified by APCHA, are: i. Electricity, gas and/or water if not separately metered — metered costs must be based on the tenant's share of such utilities attributable to the tenant's net livable area. Tenants will be responsible for individually metered utilities. ii. Trash, but proportionally based on the tenant's net livable area. iii. Other operational costs, only when reviewed by APCHA and approved to be charged, must be based on the tenant's share attributable to the tenant's net livable area. J. Only tenants whom qualify according to the deed restrictions and this approval shall occupy the units, regardless of the time period of occupancy. Leases must meet allowable rental rates and will state the period of the lease period. K. For leases of less than six months the organization shall qualify the tenants based on the APCHA Guidelines. L. For any unit with a lease of six (6) months or longer, prior to occupancy of a deed -restricted rental unit, APCHA must qualify the tenant. All documentation required under the APCHA 301 Regulations, as amended, must be provided. The tenant must provide the owner/landlord with proof of documentation and qualification by APCHA prior to occupancy. Prior to occupancy, the owner will be required to provide a copy of the lease agreement to APCHA for approval. M. No tenant in any of the units can own any other residential property within the ownership exclusion zone as defined by the APCHA Regulations. N. The minimum rental time period shall be at least thirty (30) days, and may be up to one (1) year, with no limit on lease extensions. O. Each unit must meet occupancy standards of one person per bedroom, according to APCHA standards. P. No short-term rentals, as defined as a specific term and use in the Land Use Code, are permitted. Section 6: Aspen Institute Certificates of Housing Credits Conditions of Approval: A. The proposed The Aspen Institute, Inc.'s Housing Units shall qualify for the creation of Affordable Housing Credits, based on the unit categories permitted in Section 26.540 at the time of the establishment of the Housing Credit. B. The Aspen Institute, Inc. shall be permitted to establish Housing Credits for any units not used to otherwise meet housing mitigation requirements for the organization. Section 7: Aspen Institute Parks Department Conditions of Approval: Pursuant to Land Use Code Section 26.445.030, Scope and Limitations, The Aspen Institute, Inc. shall comply with the following requirements as part fo the Final Development Documents, and/or Building Permit, as applicable: A. The Aspen Institute, Inc.'.s design shall be compliant with all sections of the City of Aspen Municipal Code, Chapter 13.20, and all tree preservation standards published by the Parks and Open Space Department. B. A new soft surface trail easement shall be provided for the existing "cut through" path on Lot 1 A that connects to the existing trail easement on Lot 3. C. All trails dedicated or conveyed to public use and all easements linking off -site trails to the Proj ect's trail system shall be dedicated pursuant to an instrument approved by the City Attorney. Written easements shall be executed and conveyed confirming the as -built and amended location of each easement. These shall be a requirement of the final Certificate of Occupancy. D. A crosswalk shall be added across Meadows Road, connecting the extended trail from the Racetrack to the Meadows trail on the other side of the road. E. All trees in excellent condition, including the non -fruiting crabapple trees, that are proposed for removal within project disturbance areas shall be studied for relocation on Parcel IA. F. All re -vegetation shall be approved, inspected, and monitored by the City to ensure that re - vegetation efforts and the protection of the same are successful. G. All trail easements shall consist of the trail width plus two feet on each side of the trail plus required temporary construction easements to be shown on the dedication instrument approved by the City Attorney. 7 H. The Aspen Institute, Inc. shall submit a tree removal and preservation plan report developed by a qualified arborist to the Parks and Open Space Department for review prior to its application for a building permit. I. Public right-of-way trees shall be preserved to the fullest extent possible, and the adverse effects of The Aspen Institute, Inc.'s project shall be minimized to the extent practicable. J. Parks and Open Space shall grant or deny the removal of, or material damage to, any public right-of-way tree due to proposed development. K. Public right-of-way tree removal, tree planting, tree preservation, and irrigation plans for public right-of-way trees shall be coordinated with Parks and Open Space. 1. The Aspen Institute, Inc. shall coordinate all impacts to public right-of-way trees with the Aspen City Forester prior to building permit and as utility locates and designs are validated. Exploratory pneumatic excavation (air -spading) may be required where improvements are proposed within Critical Root Zones to remain. 2. Existing trees that will be affected by new development shall be identified and relocated on the property to the maximum extent possible. 3. Revegetation of all disturbed areas of native vegetation will occur based on City of Aspen guidelines and reviewed by Parks and Open Space L. Permit documents shall include an accurate tree survey for each site dated within one- year identifying locations of all trees four (4) inches or over identified by trunk diameter and species; three (3) inches or over for native species as defined by Ch.13.20.020(a). M. Permit documents shall include tree removal plans, site specific tree protection and preservation plans, tree planting plans, and irrigation plans. Critical Root Zones to be protected and preserved shall be accurately illustrated to scale on development plan sheets with 1" of surveyed diameter at breast height (DBH) equaling 1' in radius of required Tree Protection Zone. Protection and preservation plans shall indicate the location of all protective zones and methodologies for approval by the City Forester and shall prohibit excavation, storage of materials, storage of construction backfills, storage of equipment, and access over or through the zone(s) by foot or vehicle. N. Permit documents shall include, and note, any proposed grade changes within Critical Root Zones to be protected and preserved throughout site disruption. O. Permit documents shall include the location of all site improvements including subsurface improvements such as utilities, irrigation infrastructure, or foundation work. P. Tree Protection Zones shall be erected at the limits of all Critical Root Zones to be protected and preserved throughout site disruption until a Certificate of Occupancy is issued for the development(s) unless otherwise approved by the City Forester. Q. Parks and Open Space may require protection areas to be established on site to protect existing natural resources as appropriate (vegetation not included in the definition set forth in Sec.13.20.020(a)). R. A Development -Related Tree Removal / Critical Root Zone Excavation Permit shall be submitted, reviewed, and issued by the City Forester upon completion of the Parks and Open Space building permit application review for each proposed development. 1. Development -Related Tree Removal / Critical Root Zone Excavation Permit issuance is required prior to activity occurring on site. Mitigation for removals must be met by the replacement of trees on site, paying a cash -in -lieu fee, or a combination of both, pursuant to Chapter 13.20 of the City Municipal Code. The 8 Aspen Institute, Inc. shall explore potential planting sites around the property to allow sustainable planting and full maturation of all trees planted. Section 8: Aspen Institute Engineering Department Conditions of Approval: A. The Transportation Impact Analysis (TIA) and parking requirements for the Aspen Institute, Inc. shall be finalized at Detailed Review to the satisfaction of the Engineering and Transportation Departments. The applicant shall submit finalized Transportation Demand Management (TDM) and Multimodal Level of Service (MMLOS) mitigation measures, parking mitigation, and implementation details, including enforcement, financing, scheduling, and ongoing monitoring as required by the City's Transportation Impact Analysis Guidelines. Physical and/or service improvements are the preferred method of mitigation. Fee -in -lieu may be permitted if no physical and/or service improvements are applicable. For any remaining unmitigated trips or parking spaces, fee - in -lieu may be approved by the Engineering and Transportation Departments. Existing physical or service measures shall not be counted toward mitigation of trips generated by the affordable housing development unless expressly approved as new project -specific mitigation. Mitigation improvements may include, but are not limited to: • Pedestrian and bicycle infrastructure connecting the Meadows trail and the affordable housing along Meadows Drive to the Aspen Institute. The final scope, design, responsibility, and quantity of mitigated trips for any suggested mitigation improvements shall be determined through Detailed Review as part of the final TIA. B. Based on the initial analysis completed for the Project Review Application, The Aspen Institute, Inc. is proposing mitigation measures of an estimated 20.54 trips, when 18.7 are generated. The Aspen Institute, Inc. is only required to mitigate for the trips generated, but may choose to provide additional mitigation measures. These calculations shall be updated as part of the Detail Review. C. Water Department will -serve letter will need to be approved by the Water Department before Detailed Review Submission. The City may grant an extension of the deadline to file the Detailed Review Submission described in Section 2 of this Part A of this Ordinance if required to ensure compliance with this section. D. The affordable housing development for the Aspen Institute, Inc. shall comply with the Urban Runoff Management Plan, the Engineering Standards, and applicable public improvement requirements. Public improvements may include, but are not limited to: • sidewalks and pedestrian facilities • curb and gutter • drainage infrastructure • utility infrastructure • pedestrian and bicycle connectivity improvements • parking -related improvements • other right-of-way improvements required by the Engineering Department. The public improvements reflected in the application materials are preliminary and may be modified, supplemented, or refined through Detailed Review to address site design, drainage, multimodal connectivity, and transportation mitigation requirements identified by the City. AX Section 9: Aspen Institute Environmental Health Department Conditions of Approval: A. The proposed trash, compost, and recycling facilities as proposed in the plan set meet the requirements of the Municipal Code Chapter 12.10. This includes trash, compost, and recycling space of approximately 215 sq ft, with pick up at grade as depicted in the application. This space shall accommodate trash, compost, and recycling for the new housing units and for the expanded Essential Public Facility Space. Section 10: Aspen Institute Vested Rights: The development approvals granted herein shall constitute a vested property right attaching to and running with the lot for a period of five (5) years from the date of issuance of a development order. A development order will be issued pursuant to the Final Detailed PD approvals. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property right. [remainder of page intentionally blank] 10 PART B: APPROVAL FOR DEVELOPMENT OF MAA PROPERTY WITH CONDITIONS Section 1: MAA Planned Development — Major Amendment, Project Review The components of the application for the development of Lot 2 by the MAA included all required submissions per Land Use Code Section 26.445.080 and have been reviewed and approved subject to 26.445.050, Project Review Standards. The following dimensions and uses for the MAA property are approved by this Ordinance: Part B Section 1: MAA Dimensional Standards Table Floor Area* 13,246 sq ft (12,885 sq ft Housing Units; 361 sq ft Non -Unit Area in Bike / Maintenance Building) Net Livable Area (for Affordable 10,788 sq ft - Housing Units (10,427 'sq ft in Housing Housing)* Units, plus 361 sq ft allocated Non -Unit Area) Total Deck Areas* 1,356 sq ft (1,198 sq ft associated with Housing Units; 158 sq ft associated with Bike / Maintenance Building) Building Height 28 feet; roof -mounted mechanical and skylights to comply with calculation methodology of 26.575.020 North (measured from Open Space Boundary): 50 ft East (measured from N 3rd): 10 ft Setbacks South (measured from Gillespie St.): 10 ft West (measured from parallel parking spaces to remain): 22 ft * - these dimensions shall have up to 10% flexibility as part of the approved dimensional standards Part B Section 1: MAA Affordable Housing Units Table Unit Number Bedroom Square Footage FTEs Mitigated, per 26.470.050.d Unit IA 1-bd 692 1.75 Unit I 1-bd 671 1.75 Unit 2 studio 496 1.25 Unit 3A 1-bd 692 1.75 Unit 3 B 1-bd 671 1.75 Unit 4 2-bd 1,154 2.25 Unit 5A 1-bd 692 1.75 Unit 5B 1-bd 671 1.75 Unit 6 studio 496 1.25 Unit 7A 1-bd 692 1.75 Unit 7B 1-bd 671 1.75 Unit 8 2-bd 1154 2.25 Unit 9 3-bd 1675 3 13 units 1 17 bedrooms 109427 24 11 Part B Section l: MAA Transportation and Parking Table Total Parking Spaces 289 total spaces (274 in parking area for AMFS; 15 new spaces for Housing Units) Parking Assigned to Housing 15 spaces Units Parking Assigned to existing 274 spaces AMFS operations Transportation Mitigation 65.28 trips, per submitted TIA • Maintain and relocate northern -most parking lot entry on N Third St to the north; • Conversion of existing entry southern -most parking lot entry to a driveway entry to one Parcel Vehicular Access (1) housing unit on N Third St; Changes (Shown on proposed . Addition of new parking lot entry at N development plan) Fourth St from the southern property line; • Maintain existing parking lot and bus drive lane at N Fifth St on the southern property line. Section 2: MAA Planned Development — Detailed Review and Final PD Plans Pursuant to Land Use Code Section 26.445.090, Documents & Deadlines, the MAA shall comply with the following deadlines: A. Within one hundred eighty (180) days following the date of this Project Review Approval, the MAA shall prepare and submit an approved plan set documenting the approval for Lot 2. B. Within one (1) year of this Project Review Approval, the MAA shall prepare and submit the Detail PD Application. This application need not be submitted in conjunction with those for the other Aspen Meadows owners (Aspen Institute or the Aspen Center for Physics) and shall be processed and acted on independently of the Detail PD Applications for the other owners. C. All Detail PD Plans and Development Documents shall be submitted pursuant to the dates and deadlines in the Land Use Code, or as otherwise amended in the Detail PD approval. D. Building permits may be applied for but not issued prior to recording the Detail PD documents described herein. Section 3: MAA Growth Management Review A. The Planning and Zoning Commission recommends in favor of granting allotments for 13 affordable housing units. Section 4: MAA Residential Design Standards A. The building located and accessed from North 3rd Street is hereby found to meet the intent of building orientation (Sec. 26.412.040.b.1) as proposed, due to the following design and neighborhood conditions: 1. This building is accessed from the updated site access point from North 3rd Street, and has a strong orientation to this access area. 12 2. The design reflects the scale and orientation of the R-15 properties that are immediately to the east. 3. The overall building scale is consistent with the area. It is limited to two -stories in height and includes traditional residential building features, including porches. B. The proposal meets Option 2 for building orientation as required by Section 26.412.040.b.4. C. The proposal meets all other Residential Design Standards and a variation is not required. Minor design adjustments as part of the Final PD review or subsequent Amendments shall be reviewed in accordance with the procedures of Land Use Code Section 26.412, as amended. Section 5: MAA Aspen Pitkin County Housing Authority Conditions of Approval: A. The proposed MAA Housing Units shall be deed restricted in accordance with the framework described in this Section, The final form of which shall be approved by the City Attorney. B . The units shall be deed restricted to enable flexibility in the Category of tenants, up to Resident Occupied (RO). C. The maximum rental rate that will be charged will be based on the category of that specific household and in accordance with the APCHA Guidelines. D. The units shall be used to provide housing for MAA full-time staff, part-time staff, program participants, students, and faculty, and selected at the sole and absolute discretion of the MAA. Under all circumstances, MAA staff, program participants, students, and faculty shall be prioritized for use of the housing units. Use of the units by others, as described below, shall only occur if the period of tenancy will not interfere with the MAA's regular use of the units for its staff, program participants, students, and faculty. 1. If MAA staff, participants, students, or faculty are not able to utilize the housing units for any reason, the units shall first be made available to other Aspen Meadows owners (The Aspen Institute, Inc., and the Aspen Center for Physics) for the use of their employees. 2. If the other Aspen Meadows owners are not able to utilize the housing units for any reason, the units shall then be offered to other non-profit organizations in Pitkin County for use by their employees. 3. If no Pitkin County non-profit organizations are able to utilize the housing units pursuant to this Section C for their employees, the units shall then be made available to other Pitkin County employers for use by their employees. 4. Under all circumstances, the rental of the unit shall be based on the unit's primary function as housing for MAA, as described herein and in the deed restriction. The occupancy of the unit by non-MAA employees shall not be prioritized over housing for MAA. E. All bedrooms shall be large enough to contain at least a queen -size bed, dresser drawers, and must contain a closet. F. Each unit must include a cooking area meeting the definition of a kitchen as stated in the Regulations. G. The units shall include an in -unit laundry area with a washer and dryer. H. A deed restriction shall be provided to the MAA to be signed and recorded on the unit, up to the RO designation, prior to Certificate of Occupancy. I. Maximum rental rates are specified in the Regulations and the following must be followed. 13 1. Tenants may not be charged for the following, either as rent or in addition to rent: i. Cost of electricity, gas, water and sanitation in common areas ii. Condominium dues/assessments iii. Management costs iv. Property taxes v. Landscaping costs vi. Snow plowing/shoveling vii. Condominium Insurance 2. Additional costs that can be charged to the tenant, but must be verified by APCHA, are: i. Electricity, gas and/or water if not separately metered — metered costs must be based on the tenant's share of such utilities attributable to the tenant's net livable area. Tenants will be responsible for individually metered utilities. ii. Trash, but proportionally based on the tenant's net livable area. iii. Other operational costs, only when reviewed by APCHA and approved to be charged, must be based on the tenant's share attributable to the tenant's net livable area. J. Only tenants whom qualify according to the deed restrictions and this approval shall occupy the units, regardless of the time period of occupancy. Leases must meet allowable rental rates and will state the period of the lease period. K. For leases of less than six (6) months, the organization shall qualify the tenants per the deed restriction. L. For any unit with a lease of six (6) months or longer, prior to occupancy of a deed -restricted rental unit, APCHA must qualify the tenant. All documentation required under the APCHA Regulations must be provided. The tenant must provide MAA with proof of documentation and qualification by APCHA prior to occupancy. Prior to occupancy, MAA will be required to provide a copy of the lease agreement to APCHA for approval. M. No tenant in any of the units can own any other residential property within the ownership exclusion zone as defined by the APCHA Regulations. N. The minimum rental time period shall be at least thirty (3 0) days, and may be up to one (1) year. O. Each unit for which a housing credit is issued must meet occupancy standards of one person per bedroom, according to APCHA standards. P. No short-term rentals, as defined as a specific term and use in the Land Use Code, are permitted. Section 6: MAA Certificates of Housing Credits Conditions of Approval: A. The proposed MAA Housing Units shall qualify for the creation of Affordable Housing Credits, based on the unit categories permitted in Section 26.540 at the time of the establishment of the Housing Credit. Section 7: MAA and School Parks Department Conditions of Approval: Pursuant to Land Use Code Section 26.445.030, Scope and Limitations, The Aspen Institute, Inc. shall comply with the following requirements as part fo the Final Development Documents, and/or Building Permit, as applicable: 14 A. The MAA's design shall be compliant with all sections of the City of Aspen Municipal Code, Chapter 13.20, and all tree preservation standards published by the Parks and Open Space Department. B. A new pedestrian easement shall be provided for the proposed connections from Gillespie Street to the new bus shelter, generally in alignment with 5th street. C. A new trail easement shall be provided for the relocated trail connection from N. 3rd Street, located to the north of the proposed Housing Unit parking. D. All trails dedicated or conveyed to public use and all easements linking off -site trails to the Proj ect's trail system shall be dedicated pursuant to an instrument approved by the City Attorney. Written easements shall be executed and conveyed confirming the as -built and amended location of each easement. These shall be a requirement of the final Certificate of Occupancy. E. All re -vegetation shall be approved, inspected, and monitored by the City to ensure that re - vegetation efforts and the protection of the same are successful. F. All trail easements shall consist of the trail width plus two feet on each side of the trail plus required temporary construction easements to be shown on the dedication instrument approved by the City Attorney. G. Coordinate proposed MAA parking surface detail, utility connections, and Gillespie Street right-of-way tree impacts with City Forester prior to building permit. H. The MAA shall submit a tree removal and preservation plan report developed by a qualified arborist to the Parks and Open Space Department for review prior to the application for a building permit. I. Public right-of-way trees shall be preserved to the fullest extent possible, and the adverse effects of the Project shall be minimized to the extent practicable. J. Parks and Open Space shall grant or deny the removal of, or material damage to, any public right-of-way tree due to proposed development. K. Public right-of-way tree removal, tree planting, tree preservation, and irrigation plans for public right-of-way trees shall be coordinated with Parks and Open Space. 1. The MAA shall coordinate all impacts to public right-of-way trees with the Aspen City Forester prior to building permit and as utility locates and designs are validated. Exploratory pneumatic excavation (air -spading) may be required where improvements are proposed within Critical Root Zones to remain. 2. Existing trees that will be affected by new development shall be identified and relocated on the property to the maximum extent possible. 3. Revegetation of all disturbed areas of native vegetation will occur based on City of Aspen guidelines and reviewed by Parks and Open Space L. Permit documents shall include an accurate tree survey for each site dated within one- year identifying locations of all trees four (4) inches or over identified by trunk diameter and species; three (3) inches or over for native species as defined by Ch.13.20.020(a). M. Permit documents shall include tree removal plans, site specific tree protection and preservation plans, tree planting plans, and irrigation plans. Critical Root Zones to be protected and preserved shall be accurately illustrated to scale on development plan sheets with 1" of surveyed diameter at breast height (DBH) equaling 1' in radius of required Tree Protection Zone. Protection and preservation plans shall indicate the location of all protective zones and methodologies for approval by the City Forester and 15 shall prohibit excavation, storage of materials, storage of construction backfilis, storage of equipment, and access over or through the zone(s) by foot or vehicle. N. Permit documents shall include, and note, any proposed grade changes within Critical Root Zones to be protected and preserved throughout site disruption. O. Permit documents shall include the location of all site improvements including subsurface improvements such as utilities, irrigation infrastructure, or foundation work. P. Tree Protection Zones shall be erected at the limits of all Critical Root Zones to be protected and preserved throughout site disruption until a Certificate of Occupancy is issued for the development(s) unless otherwise approved by the City Forester. Q. Parks and Open Space may require protection areas to be established on site to protect existing natural resources as appropriate (vegetation not included in the definition set forth in Sec.13.20.020(a)). R. A Development -Related Tree. Removal / Critical Root Zone Excavation Permit shall be submitted, reviewed, and issued by the City Forester upon completion of the Parks and Open Space building permit application review for each proposed development. 1. Development -Related Tree Removal / Critical Root Zone Excavation Permit issuance is required prior to activity occurring on site. Mitigation for removals must be met by the replacement of trees on site, paying a cash -in -lieu fee, or a combination of both, pursuant to Chapter 13.20 of the City Municipal Code. The MAA shall explore potential planting sites around its property to allow sustainable planting and full maturation of all trees planted. Section 8: MAA Engineering Department Conditions of Approval: A. The Transportation Impact Analysis (TIA) and parking requirements for the Music Associates of Aspen shall be finalized at Detailed Review to the satisfaction of the Engineering and Transportation Departments. The applicant shall submit finalized Transportation Demand Management (TDM) and Multimodal Level of Service (MMLOS) mitigation measures, parking mitigation, and implementation details, including enforcement, financing, scheduling, and ongoing monitoring as required by the City's Transportation Impact Analysis Guidelines. Physical and/or service improvements are the preferred method of mitigation. Fee -in -lieu may be permitted if no physical and/or service improvements are applicable. For any remaining unmitigated trips or parking spaces, fee - in -lieu may be approved by the Engineering and Transportation Departments. Existing physical or service measures shall not be counted toward mitigation of trips generated by the affordable housing development unless expressly approved as new project -specific mitigation. Mitigation improvements may include, but are not limited to: • Permanent pedestrian protections, or other barriers for the existing pedestrian facility along 4th Street between Pearl Street and Gillespie Street • Pedestrian infrastructure along Gillespie Street between 3rd Street and 5th Street • Intersection improvements along Gillespie Street between 311 Street and 5th Street including crosswalks (including raised crosswalks), signage, painting, bulb -outs, or other similar measures at intersections determined by the above analysis. The final scope, design, responsibility, and quantity of mitigated trips for any suggested mitigation improvements shall be determined through Detailed Review as part of the final TIA. 16 B. The proposed access point at 4th Street and Gillespie.Street is approved as part of this application, subject to final design as part of the Detail PD Review, and as required in Subsection E, below. • The 2026 summer AMFS season shall be considered a baseline year where information related to vehicular traffic at 4th Street between North Street and Gillespie Street will be reviewed at four (4) times during the season for the concerts with the highest anticipated attendance, based on AMFS's historic data C. E. • The City has authorized the City Engineering Department to engage in additional studies concerning West End traffic patterns and congestion. Subsequent to completion of MAA's 2026 data collection required above, and completion of the studies by the City Engineering Department, City Council may, at its sole discretion, request that MAA coordinate with the City to fund and cooperate with an additional study to evaluate traffic mitigation methods and improvements along 4th Street and Gillespie Street. MAA agrees to cooperate with the City and fund a study that shall not exceed one single summer season and includes collection of data related to the impacts certain mitigation methods, such as but not limited to barriers, and other improvements have on vehicular traffic at 4th Street between North Street and Gillespie Street at four (4) times during the season for the concerts with the highest anticipated attendance, based on AMFS's historic data. A request by City Council for MAA to participate and fund an additional study pursuant to this section may occur prior to or after Detail Review. As part of the Detailed PD Review application, the applicant shall share any available findings from the 2026 baseline analysis for review by the Engineering Department. Based on the initial analysis completed for the Project Review Application, MAA is proposing mitigation measures of an estimated 65.28 trips, when 11.6 are generated. MAA is only required to mitigate for the trips generated, but may choose to provide additional mitigation measures. These calculations shall be updated as part of the Detail Review. Water Department will -serve letter will need to be approved by the Water Department before Detailed Review Submission. The City may grant an extension of the deadline to file the Detailed Review Submission described Section 2 of this Part B this Ordinance if required to ensure compliance with this section. The affordable housing development for the Music Associates of Aspen shall comply with the Urban Runoff Management Plan, the Engineering Standards, and applicable public improvement requirements. Public improvements may include, but are not limited to: • sidewalks and pedestrian facilities • curb and gutter • drainage infrastructure • utility infrastructure • pedestrian- and bicycle connectivity improvements • parking -related improvements • other right-of-way improvements required by the Engineering Department. The public improvements reflected in the application materials are preliminary and may be modified, supplemented, or refined through Detailed Review to address site design, drainage, multimodal connectivity, and transportation mitigation requirements identified by the City. 17 Section 9: MAA Environmental Health Department Conditions of Approval: A. The proposed trash, compost, and recycling facilities for Lot 2 as shown in the proposed plans meet the requirements of the Municipal Code Chapter 12.10. This includes trash, compost, and recycling space of approximately 150 sq ft, with pick up at grade as depicted in the application. This space shall accommodate trash, compost, and recycling for the new housing units. Section 10: MAA Vested Rights: The development approvals granted herein shall constitute a vested property right attaching to and running with the lot for a period of five (5) years from the date of issuance of a development order. A development order will be issued pursuant to the Final Detailed PD approvals. However, any failure to abide . by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property right. [remainder of page intentionally blank] 18 PART C: APPROVAL FOR DEVELOPMENT OF THE ASPEN CENTER FOR PHYSICS PROPERTY WITH CONDITIONS Section 1: Aspen Center for Physics Planned Development — Major Amendment, Project Review The components of the application for the development of Lot 3 by the Aspen Center for Physics included all required submissions per Land Use Code Section 26.445.080 and have been reviewed and approved subject to 26.445.050, Project Review Standards. The'following dimensions and uses for the Aspen Center for Physics project are approved by this Ordinance: Part C Section 1: Aspen Center for Physics Dimensional Standards Table Floor Area* 25,810 sq ft (21,919 sq ft Housing Units; 3,891 sq ft Essential Public Facility) Net Leasable Area (for 3,891 sq ft Essential Public Facility Space (2,036 sq ft on the main level of Essential Public Building 5, plus 345 in Building 9, and 632 sq ft allocated Non -Unit Area in Facility)* Buildin 5 Net Livable Area (for 17,384 sq ft Housing Units (16,751 sq ft in Housing Units, plus 633 sq ft Affordable Housing)* allocated Non -Unit Area in Building 5**) Total Deck Areas* 1,468 sq ft 28 feet; roof -mounted mechanical and skylights to comply with calculation Building Height methodology of 26.575.020 North (measured from Wildlife Preservation Zone): 10 ft Setbacks East: 10 ft South: 10 ft West: 10 ft * - these dimensions shall have up to 10% flexibility as part of the approved dimensional standards ** - the allocation of non -unit space is shown here based on an even 50150 split for the basement space in Building 5. However, the allocation of this space may adjust between the uses without requiring an amendment to the approval such that there shall be no more than 3,891 sq ft of Essential Public Facility space Part C Section 1: Aspen Center for Physics Affordable Housing Units Table Building Unit Number Bedroom Square Footage ACP 1 Unit 1 Studio 236 Unit 2 2-bd 682 Unit 3 3-bd 918 Unit 4 3-bd 918 Unit 5 2-bd 682 Unit 6 Studio 236 ACP 2 Unit 7 Studio 236 Unit 8 1-bd 419 Unit 9 1-bd 499 19 Unit 10 2-bd 682 Unit 11 3-bd 918 Unit 12 2-bd 682 Unit 13 Studio 236 ACP 3 Unit 14 Studio 236 Unit 15 1-bd 419 Unit 16 1-bd 499 Unit 17 2-bd 682 Unit 18 3-bd 918 Unit 19 2-bd 682 Unit 20 Studio 236 ACP 4 Unit 21 Studio 236 Unit 22 1-bd 419 Unit 23 1-bd 499 Unit 24 2-bd 682 Unit 25 3-bd 918 Unit 26 2-bd 682 Unit 27 Studio 236 ACP 5 Unit 28 Dorm (6-bd) 2063 5 Structures 28 units 51 bedrooms 16,751 sq ft Part C Section 1: Aspen Center for Ph sics Transportation and Parking Table Total Parking Spaces 22 total spaces (20 in existing parking area; 2 new EV spaces for Housing Units) 11 proposed parking units (2 electric golf Parking Assigned to Housing Units carts available for tenants; additional 9 spaces mitigated through excess TIA Credits) Parking Assigned to new Essential 20 existing spaces Public Facility space Additional Golf Cart Parking 2 additional spaces in Building 9 Transportation Mitigation 40.1 trips, per submitted TIA Section 2: Aspen Center for Phvsics Planned Development — Detailed Review and Final PD Plans Pursuant to Land Use Code Section 26.445.090, Documents & Deadlines, the Aspen Center for Physics shall comply with the following deadlines: A. Within one hundred eighty (180) days following the date of this Project Review Approval, the Aspen Center for Physics shall prepare and submit an approved plan set documenting the approval for Lot 3. B. Within one (1) year of this Project Review Approval, the Aspen Center for Physics shall prepare and submit the Detail PD Application. This application need not be submitted in conjunction with those for the other Aspen Meadows owners (The Aspen Institute, Inc. or m the MAA) and shall be processed and acted on independently of the Detail PD Applications for the other owners. C. All Detail PD Plans and Development Documents shall be submitted pursuant to the dates and deadlines in the Land Use Code, or as otherwise amended in. the Detail PD approval. D. Building permits may be applied for but not issued prior to recording the Detail PD documents described herein. Section 3: Aspen Center for Physics Growth Management Review A. The Planning and Zoning Commission recommends in favor of granting allotments for 28 affordable housing units and the replacement of 3,891 sq ft of existing Essential Public Facility Space for the Aspen Center for Physics project. B. An audit for the Essential Public Facility space shall not be required, as there is no net increase in space as part of the application. Section 4: Aspen Center for Physics Residential Design Standards A. The proposal meets Option 1 for building orientation as required by Section 26.412.040.b.4. B. The proposal meets all other Residential Design Standards and a variation is not required. Minor design adjustments as part of the Final PD review or subsequent Amendments shall be reviewed in accordance with the procedures of Land Use Code Section 26.412, as amended. Section 5: Aspen Center for Phvsics Aspen Pitkin Countv Housing Authoritv Conditions of Approval: A. The proposed Housing Units shall be deed restricted in accordance with the framework described in this Section, The final form of which shall be approved by the City Attorney. B. The units shall be deed restricted to enable flexibility in the Category of tenants, up to Resident Occupied (RO). C. Under all circumstances, Aspen Center for Physics participants shall be prioritized for use of the housing units. Use of the units by others, as described below, shall only occur if the period of tenancy will not interfere with the Aspen Center for Physics regular use and occupancy of the units for their program participants and their families. 1. If Aspen Center for Physics program participants and their families are not able to utilize the housing units for any reason, the units shall first be made available to any Aspen Center for Physics employees. The maximum rental rate that will be charged will be based on the category of that specific household and in accordance with the APCHA Guidelines. 2. If Aspen Center for Physics program participants, their families, or Aspen Center for Physics employees are not able to utilize the housing units for any reason, the units shall then be made available to other Aspen Meadows owners for their use (e.g. MAA and The Aspen Institute, Inc.). The maximum rental rate that will be charged will be based on the category of that specific household and in accordance with the APCHA Guidelines. 3. If the Aspen Meadows owners are not able to utilize the housing units for any reason, the units shall then be made available to other non-profit organizations in Pitkin 21 County. The maximum rental rate that will be charged will be based on the category of that specific household and in accordance with the APCHA Guidelines. D. All bedrooms shall be large enough to contain at least a queen -size bed, dresser drawers, and must contain a closet or armoire. E. Each 1-bedroom, 2-bedroom, and 3-bedroom unit must include a cooking area meeting the definition of a kitchen as stated in the Regulations. All Studio Units and Dormitory Units shall have access to the shared on -site kitchen facility. F. All tenants shall have access to a laundry area with a washer and dryer in close proximity to their unit, accommodated either in their unit or by access to the shared on -site laundry facility. G. A deed restriction shall be provided to the Aspen Center for Physics to be signed and recorded on the unit, up to the RO designation, prior to Certificate of Occupancy. H. Maximum rental rates are specified in the APCHA Regulations and the following must be followed. 1. Tenants may not be charged for the following, either as rent or in addition to rent: i. Cost of electricity, gas, water and sanitation in common areas ii. Condominium dues/assessments iii. Management costs iv. Property taxes v. Landscaping costs vi. Snow plowing/shoveling vii. Condominium Insurance 2. Additional costs that can be charged to the tenant, but must be verified by APCHA, are: i. Electricity, gas and/or water if not separately metered — metered costs must be based on the tenant's share of such utilities attributable to the tenant's net livable area. Tenants will be responsible for individually metered utilities. ii. Trash, but proportionally based on the tenant's net livable area. iii. Other operational costs, only when reviewed by APCHA and approved to be charged, must be based on the tenant's share attributable to the tenant's net livable area. I. Only tenants whom qualify according to the deed restrictions and this approval shall occupy the units, regardless of the time period of occupancy. Leases must meet allowable rental rates and will state the period of the lease period. J. For leases of less than six months, the organization shall qualify the tenants based on the APCHA Guidelines. K. For any unit with a lease of six (6) months or longer, prior to occupancy of a deed -restricted rental unit, APCHA must qualify the tenant. All documentation required under the APCHA Regulations must be provided. The tenant must provide the owner/landlord with proof of documentation and qualification by APCHA prior to occupancy. Prior to occupancy, the owner will be required to provide a copy of the lease agreement to APCHA for approval. L. No tenant in any of the units can own any other residential property within the ownership exclusion zone as defined by the APCHA Regulations. M. There shall be no minimum or maximum rental period for the units. 22 N. No short-term rentals, as defined as a specific term and use in the Land Use Code, are permitted. Aspen Center for Physics' use of the units by Aspen Center for Physics participants and their families shall not constitute short-term rentals. Section 6: Aspen Center for Physics Parks Department Conditions of Approval: Pursuant to Land Use Code Section 26.445.030, Scope and Limitations, MAA shall comply with the following requirements as part of the Final Development Documents, and/or Building Permit, as applicable: A. Prior to Certificate of Occupancy (CO), the applicant shall record the trail easement over and across Lot 3 from Gillespie to the race track trail on Lot 1 based on the dedicated alignment. B. The Aspen Center for Physic's design shall be compliant with all sections of the City of Aspen Municipal Code, Chapter 13.20, and all tree preservation standards published by the Parks and Open Space Department. C. A new soft surface trail easement shall be provided for the proposed trail connections on the north portion of Lot 3, providing a connection from the Music Tent on Lot 2 to the Race Track Trail on Lot IA. D. All trails dedicated or conveyed to public use and all easements linking off -site trails to the Project's trail system shall be dedicated pursuant to an instrument approved by the City Attorney. Written easements shall be executed and conveyed confirming the as -built and amended location of each easement. These shall be a requirement of the final Certificate of Occupancy. E. All re -vegetation shall be approved, inspected, and monitored by the City to ensure that re - vegetation efforts and the protection of the same are successful. F. All trail easements shall consist of the trail width plus two feet on each side of the trail plus required temporary construction easements to be shown on the dedication instrument approved by the City Attorney. G. The Aspen Center for Physics shall submit a tree removal and preservation plan report developed by a qualified arborist to the Parks and Open Space Department for review prior to the application for a building permit. H. Public right-of-way trees shall be preserved to the fullest extent possible, and the adverse effects of the Project shall be minimized to the extent practicable. I. Parks and Open Space shall grant or deny the removal of, or material damage to, any public right-of-way tree due to proposed development. J. Public right-of-way tree removal, tree planting, tree preservation, and irrigation plans for public right-of-way trees shall be coordinated with Parks and Open Space. 1. The Aspen Center for Physics shall coordinate all impacts to public right-of-way trees with the Aspen City Forester prior to building permit and as utility locates and designs are validated. Exploratory pneumatic excavation (air -spading) may be required where improvements are proposed within Critical Root Zones to remain. 2. Existing trees that will be affected by new development shall be identified and relocated on the property to the maximum extent possible. 3. Revegetation of all disturbed areas of native vegetation will occur based on City of Aspen guidelines and reviewed by Parks and Open Space 23 K. Permit documents shall include an accurate tree survey for each site dated within one- year identifying locations of all trees four (4) inches or over identified by trunk diameter and species; three (3) inches or over for native species as defined by Ch.13.20.020(a). L. Permit documents shall include tree removal plans, site specific tree protection and preservation plans, tree planting plans, and irrigation plans. Critical Root Zones to be protected and preserved shall be accurately illustrated to scale on development plan sheets with 1" of surveyed diameter at breast height (DBH) equaling 1' in radius of required Tree Protection Zone. Protection and preservation plans shall indicate the location of all protective zones and methodologies for approval by the City Forester and shall prohibit excavation, storage of materials, storage of construction backfills, storage of equipment, and access over or through the zone(s) by foot or vehicle. M. Permit documents shall include, and note, any proposed grade changes within Critical Root Zones to be protected and preserved throughout site disruption. N. Permit documents shall include the location of all site improvements including subsurface improvements such as utilities, irrigation infrastructure, or foundation work. O. Tree Protection Zones shall be erected at the limits of all Critical Root Zones to be protected and preserved throughout site disruption until a Certificate of Occupancy is issued for the development(s) unless otherwise approved by the City Forester. - P. Parks and Open Space may require protection areas to be established on site to protect existing natural resources as appropriate (vegetation not included in the definition set forth in Sec.13.20.020(a)). Q. A Development -Related Tree Removal / Critical Root Zone Excavation Permit shall be submitted, reviewed, and issued by the City Forester upon completion of the Parks and Open Space building permit application review for each proposed development. 1. Development -Related Tree Removal / Critical Root Zone Excavation Permit issuance is required prior to activity occurring on site. Mitigation for removals must be met by the replacement of trees on site, paying a cash -in -lieu fee, or a combination of both, pursuant to Chapter 13.20 of the City Municipal Code. The Aspen Center for Physics shall explore potential planting sites around the property to allow sustainable planting and full maturation of all trees planted. Section 7: Aspen Center for Phvsics Engineering Department Conditions of Approval: A. The Transportation Impact Analysis (TIA) and parking requirements for the Aspen Center for Physics shall be finalized at Detailed Review to the satisfaction of the Engineering and Transportation Departments. The applicant shall submit finalized Transportation Demand Management (TDM) and Multimodal Level of Service (MMLOS) mitigation measures, parking mitigation, and implementation details, including enforcement, financing, scheduling, and ongoing monitoring as required by the City's Transportation Impact Analysis Guidelines. Physical and/or service improvements are the preferred method of mitigation. Fee -in -lieu may be permitted if no physical and/or service improvements are applicable. For any remaining unmitigated trips or parking spaces, fee -in -lieu may be approved by the Engineering and Transportation Departments. Existing physical or service measures shall not be counted toward mitigation of trips generated by the affordable housing development unless expressly approved as new project -specific mitigation. Mitigation improvements may include, but are not limited to: 24 Pedestrian and/or bike improvements consisting of the existing soft surface trail along North Street and 6th Street Pedestrian and/or bike improvements consisting of connecting the sidewalk on Gillespie Street with the soft surface trail along North Street and 6th Street The final scope, design, responsibility, and quantity of mitigated trips for any suggested mitigation improvements shall be determined through Detailed Review as part of the final TIA. B. Based on the initial analysis completed for the Project Review Application, the Aspen Center for Physics is proposing mitigation measures of an estimated 40.10 trips, when 30.3 are generated. As identified in Section 1 of this Part C of this Ordinance, the Aspen Center for Physics is utilizing the excess trips to mitigate for 9 additional parking units. The City accepts these excess trips as mitigation for parking as part of the Planned Development review. These calculations shall be updated as part of the Detail Review. C. Water Department will -serve letter will need to be approved by the Water Department before Detailed Review Submission. The City may grant an extension of the deadline to file the Detailed Review Submission described Section 2 of this Part C of this Ordinance if required to ensure compliance with this section. D. The affordable housing development for the Aspen Center for Physics shall comply with the Urban Runoff Management Plan, the Engineering Standards, and applicable public improvement requirements. Public improvements may include, but are not limited to: • sidewalks and pedestrian facilities • curb and gutter • drainage infrastructure • utility infrastructure • pedestrian and bicycle connectivity improvements • parking -related improvements • other right-of-way improvements required by the Engineering Department. The public improvements reflected in the application materials are preliminary and may be modified, supplemented, or refined through Detailed Review to address site design, drainage, multimodal connectivity, and transportation mitigation requirements identified by the City. Section 8: Aspen Center for Physics Environmental Health Department Conditions of Approval: A. The proposed trash, compost, and recycling facilities for Lot 3 as shown in the proposed plan set meet the requirements of the Municipal Code Chapter 12.10. This includes trash, compost, and recycling space accommodated as follows: 1. Shared trash area located behind Stranahan Hall of approximately 192 sq ft.. This space shall accommodate trash, compost, and recycling for the new housing units and for the replacement Essential Public Facility Space. Section 9: Aspen Center for Physics Vested Rights: The development approvals granted herein shall constitute a vested property right attaching to and running with the lot for a period of five (5) years from the date of issuance of a development order. A 25 development order will be issued pursuant to the Final Detailed PD approvals. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property right. [remainder of page intentionally blank] 26 PART D: GENERAL CONDITIONS Section 1: Material Representations All material representations and commitments made by The Aspen Institute, Inc., MAA, and Aspen Center for Physics (the applicants) pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such site development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 2: Existing Litigation This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 3: Severability If any Part, section, subsection, sentence, clause, phrase, or other portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and shall not affect the validity of the remaining portions hereof. Without limiting the generality of the foregoing, if the approval of any of the three development proposals granted under this Ordinance is challenged, unless otherwise ordered by a court of competent jurisdiction, such challenge shall not stay or delay the City's processing of a development approval granted to any of the Applicants that was not subject to a timely challenge. Further, if any of the three development proposals granted under this Ordinance is held invalid in a court of competent jurisdiction, such invalidity shall not affect the approval of any other project pursuant to this Ordinance that is not likewise challenged and held invalid. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 27th day of January, 2026. r- Attest: Nicole Henning, City C erk Rach el Richards, Mayor FINALLY, adopted, passed and approved this 20' day of April, 2026. V C Nicole Henning, City Racha 1 Richards, Mayor 27 Approved as to form: rP A therine A. son, City Attorney Attachmen Exhibit A: Legal Descriptions 28 ISMSo1I.1aWEI Full Legal Descriptions of each Project Lot Aspen Institute Parcel ID: 273512129008 845 Meadows Road, Aspen, Colorado 81611 Lot IA, The Aspen Meadows Subdivision, according to the Aspen Meadows Final S.P.A. Development Plan and Final Subdivision Plat recorded June 24, 1992 in Plat Book 28 at Page 5 as Reception No. 340938, and First Amendment to the Aspen Meadows Final S.P.A. Development Plan and Final Subdivision Plat recorded December 17, 1992 in Plat Book 30 at Page 17 as Reception No. 351951, Amendment recorded April 18, 2005 in Plat Book 72 at Page 68 as Reception No. 509067, and Amendment recorded April 11, 2006 in Book 78 at Page 35 as Reception No. 522847, and Amendment for Lot 1 A, Aspen Meadows Subdivision Plat recorded March 9, 2017 in Plat Book 118 at page 85 as Reception No. 636682, County of Pitkin, State of Colorado. Aspen Music Festival and School Parcel ID: 273 512129802 960 North 3rd Street, Aspen, Colorado 81611 Lot 2, The Aspen Meadows Subdivision, according to the Aspen Meadows Final S.P.A. Development Plan and Final Subdivision Plat recorded January 24, 1992 in Plat Book 28 at Page. 5 and the Aspen Meadows Subdivision Lot 2 Final S.P.A. Development Plat recorded July 19, 1999 in Plat Book 50 at Page 49, County of Pitkin, State of Colorado. The Aspen Center for Physics Parcel ID: 273512129803 700 West Gillespie Street, Aspen Colorado 81611 Lot 3, The Aspen Meadows Subdivision, according to the Aspen Meadows Final S.P.A. Development Plan and Final Subdivision Plat recorded in Book 28 at Page 5, County of Pitkin, State of Colorado. Im