HomeMy WebLinkAboutordinance.council.018-03 Page: S. of' 22
05/3.4/2003 1! :46R
/ O~IN~CE N0. 18
~ (SE~S OF 2003)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN
APPROVING FINAL LAND USE APPROVALS ~ GRANTING A
DEVELOPMENT ORDER FOR THE OBE~EYER PLACE COWOPPRO~CT,
ON LANDS DESCRIBED HEREIN IN THE VICINITY OF THE 500 AND 600
BLOCKS OF EAST BLEEKER STREET, CITY AND TOWNSITE OF ASPEN,
PITKIN COUNTY, COLORADO~
WHEREAS, the Aspen City Council, pursuant to Resolution 21, Series of 2002,
and Resolution 45, Series of 2002, determined eligible for the City's develoPment for the
Convenience and Welfare of the Public (COWOP) review process the redevelopment of
certain real property (hereinafter the "Project") owned by Obermeyer Place Holding
Company, LLC and Klaus T. Obermeyer, George Murphy, Robert Zupancis
(subsequently conveyed to the City of Aspen), Gailen Smith, Pitkin County, and the City
of Aspen, and SUCcessors and assigns, for the purpose of providing service-oriented
commercial space, surface and underground parking (for both public and private needs),
free-market housing, deed restricted housing, pedestrian linkages between the river and
the City core} and possible City and/or County government office space; and,
WHEREAS, the Project includes all land between East Bleeker Street and Rio
Grande Place, all land bordering East Bleeker Street between Spring Street and Rio
Grande Place, and portions of Rio Grande Park, more precisely described as: a tract of
land in the East Aspen T0wnsite Addition, according to the plat thereof recorded as
Document No. 108453 of the records of Pitkin County, identified as ParCel No.
2737.073.24.003 according to the Pitkin County Assessor and known as 540 East Main
Street, Gignoux-Lynch Subdivision Lots 1 and 2, Lots 6, 7, 8, and 9, Block 20, East
Aspen Addition, Lots 6, 7, 8, and 9 Rio Grande Subdivision, a tract of land identified as
Parcel No. 2737.073.00.040 according to the Pitkin County Assessor and known as 600
East Bleeker Street, a tract of land identified as Parcel No. 2737.073.00.041 according to
the Pitkin County Assessor
and known as 530 East Map ofProject area
Bleeker Street, that portion
of East Bleeker Street
right-of-way between
Spring Street and Rio
Grande Place, that portion
of Rio Grande Park owned
by the City of Aspen
accommodating and
affected by the Pitkin
County recycling
operation and snow
melting facility, that
portion of Rio Grande
Ordinance No. 18,
Series of 2003. Page 1
Page: 2 o¢ 22
05/14/2003 I! :461~
SILVIA DAVIS PlTKIN COUNTY DO R 111.00 El 0.00
Place right-of-way between an~t includ~fi~ ~'i~-ih~rsections with East Bleeker Street,
and a parcel of land owned by Pitkin County known as Rio Grande Subdivision Lot #5,
all located Within the City of Aspen; and,
WI-IEREAS, the Project's private property landowners were represented by their
respective property owners and by Tim Belinski of Obermeyer Redevelopment Company,
Leslie Lamont and Alan Gray of Otak, Inc., John Cottle and Bob Schiller of Cottle
Graybeal Yaw Architects, Steve Szymanski of Szymanski Ray Consulting, chupa Nelson
and Jeff Peterson of RA Nelson Fine Builders, and Ben Gagnon of Ben Gagnon
Consulting, all of whom were authorized, conditionally concerning some property
owners, to represent the private property interests and known collectively as the
Obermeyer Design Team; and,
WltEREAS, it is anticipated that certain of the lands and development rights will
be conveyed to Obermeyer Redevelopment Company (the "developer") and that the
developer will construct and complete the Project subject to the COWOP process and the
development approvals described herein
WHEREAS, the COWOP land use review process, Section 26.500 of the City of
Aspen Land Use Code, was created and adopted by the City of Aspen to allow the
planning of projects of significant community interest, when determined necessary by the
City Council according to said Section, to evolve an iterative process considering input
from neighbors, property owners, public officials, members of the public, and other
parties of interest assembled as a formal reviewing authority of the City of Aspen Task
Force Team providing recommendations directly to City. Council; and,
WHEREAS, the obermeYer place cOwoP Task Force Team was cOmprised of
owners of subject properties, neighbors, representatives of the City of Aspen Community
Development Department, representatives of the City of Aspen City Council,
representatives of the City of Aspen Planning and Zoning Commission, representatives of
the City of Aspen Historic Preservation Commission, a representative of the Aspen/Pitldn
County Housing Authority Board, a
representative of Pitkin County, a
representative of the existing commemial
tenants, and members of the citizen~. The
City of Aspen Community Development
Director served as the chair of the Task
Force Team, in compliance with the
requirements of Section 261500 of the
Aspen Land Use Code. The composition of
the Obermeyer COWOP Task Fome Team
was approved by the City of Aspen City
Council, pursuant to Resolution 21, Series
COWOP Task Force
of 2002, and provided the project with a broad range of expertise Team site visit
and awareness of community issues; and,
WHEREAS, the COWOP review process enabled the planning and design of the
Project to reflect essential community goals and values, taking into consideration various
opinions and expressed points-of-view from neighbors, current and potential tenants, land
Ordinance No. 18,
Series of 2003. Page 2
Page: 3 of 22
05/14/2903 [[:46R
SILVIR DRVZS PITKZN COUNTY CO R [~.00 D 0,00
owners, citizens, and technical expertise from various professional staff of essential City,
County, and quasi-municipal districts and utility and service providers; and,
WltEREAS, the COWOP land use review procedure does not and has not
lessened any public hearing, public noticing, or any critical analysis or scrutiny of the
project as would otherwise be required; and,
WHEREAS, the Obermeyer COWOP Task Fome Team met fifteen (15) times,
each time for approximately three to four (3-4) hours, to consider the lands and their
context; to identify the goals, objectives, and physical, financial, legal, and public policy
issues and parameters of the project; and, to guide the programming, planning, and design
of the project on the following dates: March 20, 2002; March 27, 2002; April 3, 2002;
April 10, 2002; April 17, 2002; May 1, 2002; May 22, 2002; June 5, 2002; June 19, 2002;
July 10, 2002; August 14, 2002; October 16, 2002; January 24, 2003; February 12, 2003;
and, February 26, 2003; and,
WlIEREAS, the Obermeyer
Design Team met with professional staff
of the City, County, and individual quasi-
municipal districts numerous times
(likely over fifty fanes) to identify and
discuss technical, physical, financial,
legal, and operational issues of the site,
land uses, and various design solutions;
and,
WHEREAS, the Project was also
considered, as agenda items at public
meetings, by the Aspen/Pitkin County CowoP Task Force
Housing Authority Board, the City Planning and Zoning Team sitevisit
Commission, the Pitkin County Board of County Commissioners,
and the Aspen Fire District to gather additional input from these critical decision making
bodies; and,
WHEREAS, on May 22, 2002, an "open-house" style meeting, notice of which
was published in the Aspen Times and provided by separate written notices sent to
neighboring landowners and other interested parties, was conducted on the Project site to
provide information and discuss planning issues with neighbors, existing and potential
tenants, City and County elected and appointed offices and professional staff, and the
general public; and,
WltEREAS, the Project was also the subject of an Oklahoma Flats neighborhood
meeting that resulted in the appointment of an Oklahoma Flats representative to the
COWOP Task Force; and,
WHEREAS, Obermeyer COWOP Task Force Team meetings were open to the
public and well attended. Notice of each meeting was published in the Aspen Times
newspaper with a "box ad." Meeting summaries were produced and adopted by the Task
Force at each subsequent meeting. An internet web site, part of the City of Aspen web
site (www. aspenpitkin.com/) also provided up-to-date information concerning the
Ordinance No. 18,
Series of 2003. Page 3
Page: 4 o,t' 22:
Project, including meeting s~s ~Wfi~fi~'~a~-~n~A~0~re~ng ~e
pro~ess ~d evolution of~e Project; ~d,
WHE~AS, ~e City of Aspen interact web site, ~.~penpi~n.co~, had
approx~ately 78,835 page heWs in J~u~, 2003, ~d approximately 72,882 page
views in Febm~, 2003; ~d,
~E~AS, at le~t flfi~y (30) ~icles in loc~ newspapers appe~ed over ~e
co.se of the Obemeyer COWOP T~k Force Tern review process det~l~g ongoing
pl~ing issues ~d the evolution of the Project; ~d,
~E~AS, City CO~cil reviewed the pro~ess of ~e Project d~ng ~o (2)
publicly noticed work sessions May 7, 2002, ~d July 9, 2002, consid~ed pro~ess of the
Project ~d provided dkection ~ to the proper pl~ing ~d desi~ objectives ~d issues
to be ~lly consid~ed; ~d,
WHE~AS, on October 28, 2002, City Co.oil rehewed the pro~ess of ~e
Obemeyer COWOP ProjeCt d~ng a duly noticed public he~ng ~d un~mously
endorsed the direction of ~e plying ~d reco~endations of ~e Obe~eyer Place
COWOP Task Force Tern, p~su~t to City Co~cil Resolution 101, Series of 2002;
~E~AS, the Project provides p~king in excess of its o~ needs ~d such
pmhng may se~e municip~ pmhng needs or f~ction as remote p~ng for residential
infill housing development wi~in ~e City of ASpen - both identified co~W
pl~ng objectiVes ofprehous plying docments ~d identified Project goals; ~d,
~E~AS, the Project results in a logical disposition ofprope~ owned by ~e
City of Aspen ~d ~e East Bleeker S~eet right-of-way providing a ~eater public benefit
of these l~ds - ~ identified Project got; ~d,
WHE~AS, the Project provides oppomiW for se~ce/co~ciaVindus~fl
bus~esses to operate wi~n ~e CiW of Aspen in a physically ~d fin~cially viable
m~er - ~ expressed goal of the City of Aspen ~d ~ identified Project goal in order to
m~nt~n a proper profile of com~ercifl
businesses, a bflance be~een tourist-
se~ing ~d locally-se~ing businesses, ~d
a reduced reli~ce on remote locations for
li~t ~dus~al ~d semite-oriented
~E~AS, the Project is of hi~er
qualiW ~ a result of ~e Obemeyer Place
COWOP T~k Force Tern review process
~d ~e ~ou~t~l ~d interactive
divisions th~ may have othe~se
resulted if ~e Project had not been reviewed
~ a COWOP application; ~d,
WHE~AS, ~e Project is Klaus Obemeyer describ~g ~ vision
consistent wi~ the Goals ~d Objectives of ~e 2000 ofrejuvem~g~e~ead~gaCivic
Aspen ~ea Co~u~ty PI~, The Project is consistent M~terP~mee~g.
Ord~ce No. 18,
Seres of 2003. Page 4
Page: 5 of' 22
05/~.4/2003 1.1. :46g
SILVIA DAVIS PITKIN COUNTY CO R 111~OO O 0.00
with thc direction of th~ (.;~ l~s~er-l~[~---a~l~g proj~6~ ~i*n~{s~6J~ thc City
of Aspen currently in progress analyzing proper uses of land surrounding and including
the subject property. And, the Project is consistent with the currently stated goals and
objectives of the Infill Program - a planning project commissioned by the City of Aspen
analyzing methods of encouraging greater utilization of urban/zed land through
redevelopment; and,
WltEREAS, the Obermeyer COWOP project minimizes reliance on the
automobile with its proximity to downtown and common destinations, proximity to
transit services, proposed pedestrian connections, provision of one parking space per
residence with additional parking spaces available at a market rate, parking spaces for
municipal vehicles, parking spaces for the City of Aspen Car-Share program vehicles,
covered and secure storage, traffic-calming physical improvements to the right-of-way,
and a controlled parking garage; and,
WHEREAS, the above listed transportation demand management strategies
adequately mitigate air quality (pml0) affects of additional traffic generation and the
preservation of service commercial businesses and the development of affordable housing
within Aspen's core reduces future necessity for greater automobile reliance and longer
automobile trips to access such businesses and residences; and,
WHEREAS, the East Bleeker Street right-of-way, as currently platted, does not
provide for efficient or practicable vehicular movement and the City of Aspen believes it
is in the best interests of the City, and its residents, to vacate the right-of-way, concurrent
with the approval of the development proposal, such that the lands may be used for
develOpment purposes; and,
WHEREAS, the lands subject to this right-of-way vacation are described as
adjustment parcels on the Obermeyer Place Subdivision/Vacation plat; and,
WltEREAS, the owners of real
property adjacent to and affected by the
vacation of the subject portion of East
Bleeker Street consent, conditionally
concerning some property owners, to the
vacation action; and,
WHEREAS, the vacation action,
considering the Project's entire land
assemblage, will not leave any land
without a means of adequate access to a
public right-of-way; and,
WHEREAS, the City of Aspen
has reviewed, verifies, and hereby accepts the division of East Bleeker
Street right-of-way and reversion of associated lands to adjacent parcels, as depicted and
described on the Obermeyer Place Subdivision/VaCation Plat, as consistent with the
requirements of C.R.S Section 43-2-301 et. seq.; and,
WHEREAS, the vacation of this portion of East Bleeker Street meets or exceeds
the review criteria for affecting such changes as adopted by the City of Aspen; and,
Ordinance No. 18,
Series of 2003. Page 5
Page: 6 of 22
05/14/2083 11:46R
SZLVIA DAVIS PITKIN COUNTY CO R 111.80 O 0,08
WHEREAS, during a regular meeting of the Obermeyer Place COWOP Task
Force Team on February 26, 2003, the Task Fome Team recommended, by a vote of
twelve to zero (12-0), that City Council approve the Project as represented during the
February 26, 2003, meeting; and,
WHEREAS, pursuant to Sections 26.304 and 26.500 of the Land Use Code, city
Council may approve, approve with conditions, or deny all requisite land use approvals
necessary to grant a development order for a proposed development detenp_fi'ned eligible
for COWOP land use review upon a recommendation from the Community Development
Director and consideration of comments offered by the general public at a duly noticed
public hearing; and,
WHEREAS, the City of Aspen Community Development Director has reviewed
the proposed development in consideration of the recommendations of the COWOP Task
Fome Team, the requirements of the land use code, and comments from the City Engineer
and applicable referral agencies and has recommended approval of all necessary land use
approvals for granting a development order for the proposed Project including Final
approval ofa COWOP Land Use Review, Rezoning 0fRi0 Grande Subdivision Lots 6, 7,
8, and 9 to the Service Commercial Industrial (SCI) Zone District, Rezoning of all lands
within the Project to a Planned Unit Development (PUD) Overlay and a Specially
Planned Area (SPA) Overlay, Final PUD and SPA Plan approval, land use code Text
Amendment, Replacement of Multi-Family Housing, Temporary Use, replacement of
Nonconforming Uses, replacement of Conditional Uses, Subdivision,
Condominiumization, Stream Margin Review, Residential Design Review, Final Growth
Management approval for exemption, and vacation of right-of-way subject to conditions
of approval as described herein; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Obermeyer Place COWOP Task Force
Team, the Community Development Director, the applicable referral agencies, and has
taken and considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the development proposal meets or
exceeds all applicable development standards and that the approval of the development
proposal, with conditions, is consistent with the goals and elements of the Aspen Area
Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare; and,
WHEREAS, the City of Aspen considers this project a win-Mn-win proposal and
appreciates Klans Obermeyer and his enduring commitment to Aspen as reflected in his
open, honest, and enthusiastic pursuit of this Project and aspiration to create an
extraordinary community asset.
Ordinance No. 18,
Series of 2003. Page 6
Page; 7 et' 22
05/14/2003 11:46A
SILVIA DAVIS PITK)N COUNTY ¢0 R 1]1.00 D 0.00
NOW, THEREFORE, BE IT ORDAINED BY-THE CiTY CO'UNOILOF
THE CITY OF ASPEN, COLORADO as follows:
The Obermeycr Place COWOP Project is hereby granted a development order for a site
specific development plan and granted all necessary land use approvals including Final
approval of a COWOP Land Use Review, Rez0ning of RiO C~ande Subdi~iSi0fi ~ 6~
8, and 9 t° the Service Commercial Industrial (SCI) ZOne DiStrict, Rez0ning of all lands
within the Project to a planned Unit DevelOpment (Pm)ov~iay and a sp%ially
Plamaed Area (SPA) Overlay, Final PUD Pl~ and Final SPA Pi~ approve, land Use
code Text Amendment, Replacement of Multi-Family Housing, Temporary Use,
replacement of Nonconforming Uses, replacement of Conditional Uses, Subdivision,
Condominiumization, Stream Margin Review, Residential Design Review, Final Growth
Management approval for exemption, Vested Rights, and vacation of fight-of:waY subject
to conditions of approval as described herein.
Section 1: Rezoning
The Official Zone District Map of the City of Aspen shall be, upon filing of the
Subdivision plat and Final PUD Plans, amended by the Conmaunity Development
Director to reflect the following property as included in the Service Commercial
Industrial (SCI) Zone District, to reflect a Planned Unit Development (PUD) Overlay, and
to reflect a Specially Planned Area (SPA) Overlay on all portions of said land:
Gignoux-Lynch Subdivision Lots 1 and 2; Lots 6, 7, 8, and 9, Block 20, East
AsPen Additl0n; Lo{s 6~ 7; 8, and 9 ~i° Grand~ SubdiVisiOn, a tract Of land
identified as Parcel No~ 2737.073200.040 according tO the Pitkin County Assessor
and known as 600 East Bleeker Street, a tract of land identified as Parcel No.
27372073.00.041 according to the Pitkin County Assessor and known as 530 East
Bleeker Street, and all portions of East Bleeker Street right-of-way vacated
between Spring Street and Rio Grande Place described and depicted on the Final
Subdivision/Vacation plat of the Obermeyer Place Subdivision.
Section 2: Vacation of East Bleeker Street
East Bleeker Street right-of-waY between Spring Street tO the east and "sheriff's alley" to
the west shall be and is hereby vacated and the fee simple ownership of th6 lands
underlying such vacated rights-of-way shall be and are hereby combined with and
incorporated into the respective adjacent parcels as depicted and described on the
Obermeyer Place Subdivision/Vacation plat.
Section 3: Approved Pro,ieet Dimensions
The following approved dimensions ofthe pr, ect shall be reflected in the Final PLrD Plans:
Minimum Lot Size
Minimum lot width
Minimum front yard As represented on the Final PUD Plans
Minimum side yard
Minimum rear yard
Maximum site coverage
Minimum distance between buildings
Ordinance No. 18,
Series of 2003. Page 7
05/14/2003 11:46~
$ILVIfl DAVI~ P~TKIN COUNTY CO R 111.00 D 0.00
Minimum percent open space l No requirement
Maximum height 35 feet measured from existing grade depicted on Final PUD
Plans with the following noted exceptions:
Elevator enclosures and roof access hatches may extend up to
5 feet above 35 feet if they are at least ten feet back from the
main build/~ng face.
Chimneys, exhaust flues, etc. may extend up to 10 feet above
35 feet if they are at least 10 feet back fi.om the main building
face.
Skylights, solar panels, water towers and mechanical
equipment may extend up to 5' above 35' if they are at least 10
feet back from the main building face.
Stair enclosures required by code to access roofs may extend
up to 10 feet above 35 feet if they are at leastl0 feet back from
the main building face.
Trash access area As shown on Final PUD Plans
Minimum off-street parking spaces
(allocated by use, includes spaces
designated for loading):
SCI and NC commercial uses 1.5 spaces/1000 square feet net leasable = 60
Medical Offices 3 spaces/1000 square feet net leasable -- 27
Affordable Residential 1 per unit -- 21
Free-Market Residential 1 per trait = 21
City of Aspen 20 spaces
Extra (unallocated) 36 +/- 5 spaces according to final design of
parking garage as depicted on Final PUD
Plans. (Also see Section ~4)
Total Gross Enclosed Square Footage Not to exceed 265,000 square feet.
(includes all parking, storage, mechanical,
commercial, residential, circulations, etc.):
Service Commercial Industrial Net Minimum of 38,977 square feet.
Leasable Square Footage (includes
nonconforming and conditional uses):
Neighborhood Commercial Net LeaSable Not to exceed 900 square feet.
Square Footage:
Medical Office Net Leasable Square Not to exceed 9,000 square feet plus 5%.
Footage:
Affordable Residential Units 21
Affordable Residential Bedrooms 25 minimum to 42 maximum.
Affordable Residential Square FoOtage 14,950 square feet, which may be increased
(measured as net livable) by 10%. Plus associated garage-level storage
and decks as shown on the Final PUD Plans.
Free-Market Residential Units 21
Free-Market Residential Bedrooms Not to exceed 70.
Free-Market Residential Square Footage Not to exceed 57,750 square feet. Plus
(measured as net livable) associated garage-level storage and decks as
shown on the Final PUD Plans
Ordinance No. 18,
Series of 2003. Page 8
Page: 9 o+' 22
05/~.4/2003 /.! :46~
$ILVIn D~4VZS PITKIN COUNTY CO R ttt.00 D o,00
Section 4: Parking Spaces and Parking Garage ___/
Minimum parking spaces to serve the Project are as stated in the dimensional
requirements table, herein. Allocated spaces shall be identified on the Final PUD Plans.
Allocated spaces shall not be Sold or leased Separate from the portion of the Project to
which they are allocated. Parking spaces allocated to residential units shall be conveyed
in fee as part of the ownership interest in the asSociated residential units.
Extra (unallocated) parking spaces may be leased by the owners thereof on a daily or
long-term basis. Extra parking spaces may be used to satisfy parking needs of future
commercial expansions and may be sold or leased to third parties for use as remote
parking. After initial sale offering to on-site tenants and residents, the City of Aspen shall
be offered an option to purchase extra parking spaces at a fair market value determined
through good faith negotiations prior to such spaces being offered tO off-site purchasers.
This initial sale offering requirement shall apply to the first transfer of each parking
space, whether individually or as a group of spaces, and shall not apply to subsequent
transfers of each parking space.
The extra parking spaces shall be considered an approved commercial parking facility and
an approved remote parking facility as such terms are used in the City's Land Use Code.
Extra parking spaces may be physically reconfigured, with apprOval from the Community
Development Director, to accommodate fewer Parking spaces such that a total reduction
of no greater than five (5) parking spaces, from that depicted on thc Final PUD Plans,
occurs. Physical reconfigurations reducing parking by more than five (5) spaces shall
require a PUD amendment. Conversion of extra parking spaces to non-parking uses shall
require a PUD amendment.
The Project parking spaces shall be used for parking vehicles and accessory storage and
shall not be principally used for storage, trash containers, or similar non-automobile
related purposes.
The parking garage shall be designed in a manner allowing for a future expansion of the
parking garage to the 540 East Main Street property (the former Zupancls property) to
accommodate no more than fifty (50) additional parking spaces.
Section 5: Ci,ty Land and Excess parking Lease Agreements
The city-owned lands immediatelY adjacent to the Project, known as Rio Grande lots 6, 7, 8,
and 9, shall be leased t° ObermeYer Place Holding company, LLC, or its successors and
assigns, for use by tenants of the Project. The lease shall stipulate a minimum number of
surface parking spaces to be "public parking" spaces managed by the City of Aspan Parking
Department and the allocation of fees collected On these parking spaces. The lease of these
properties shall allow for architectUral ProjeCtions and proposed site improvements as
depicted in the Final PUD Plans. Of parking spaces Within the parking garage, twenty (20)
parking spaces shall be leased to the City of Aspen for Parking municipal vehicles, parking
of Car Share Program vehicles, and/Or leasing to third party users. Both leases shall be for
no longer than forty (40) years for one (1) dollar per year. The specific agreement(s) shall
address snow removal, maintenance, liability, prohibited uses, and remedies.
Ordinance No. 18,
Series of 2003. Page 9
Section ~: Temporary LTse of $40 EaSt ~[~ S[r~e~and R~Yeling Center/$nowmelt
area
The City of Aspen City Co~cil hereby approves the tempor~ use of 540 E~t M~n
S~eet (~e fomer Zup~cis prope~y) for use by businesses ~splaced by ~e com~cfion
~fivity ~d for Project staging as necess~ ~d ~e potion of~o ~de P~k affected
by ~e recycling center ~d sno~elt operation for use by businesses ~splaced by the
construction activiw ~d for Project staging ~ necess~ for a period to be specified in a
Ieee a~eement for each prope~y. Use of the 540 E~t M~n Street prope~ shall beg~
no e~lier ~ upon ~e conclusion of ~e existing lease a~eement wi~ Robe~ Zup~cis.
Use 0f ~e recycling ~d sno~elt ~ea shall not negatively affect ~e Pi~in Co~W
recycling proem or ~e sno~elt operation t~ou~ ~e 2003-04 w~ter scion. The
applic~t ~d ~e City of Aspen sh~l enter into a le~e a~eement for ~e use or,ese ~o
prope~ies. The time period for ~e tempor~ use of these pmpeffies for said p~oses
may be extended by ~e Co~ity Development Director for a time pehod a~eeable to
bo~ p~ies.
The City of Aspen hereby suppo~s ~d appreciates ~e applic~t's a~empts to
tempor~ly relocate Project businesses d~ng ~e process of construction in order to
sust~n ~eir livelihood.
SectiOn 7: Medical Office
Section 26.104.100, Definitions, of the City of Aspen ~d Use Code whch section
defines te~s used in the L~d Use Code, shall be ~ended to include the following te~
~d deflation:
Medical or dental clinic or office~ ~ office of practifion~ of ~e m~c~ ~,
where ~e pfim~ use is ~e deliv~ of he~ c~e s~ces on ~ ouCafi~t b~is,
where sale of merch~se is ineidmml to the s~e o~ se~ces, md wh~ no
overt acco~odations ~e provided.
~e Proj~t ~cludes ~e use of approx~ately 9,000 squ~e feet of net le~able space for
m~ic~ offices ~n b~lding ~5. Ac~ net le~able space Sh~l ~eUs~ t~ define ~
mitigation requim~ts. ~ ~s space is not ~tend~ to be used by S~ice/Co~emial
~dusffial (SC~ businesses, ~figatiOn of employee gen~afion s~ll be requked by ~e CiW
of Aspen. h ~e event ~s space is used to house SCI bus~esses, no mployee mitigation
sMll be r~ by ~e CiW of Aspen.
The me~c~ office space sh~l be consid~ed to generate ~ee (3) mployees per one-
· ous~d (1,000) squ~e feet of net le~able space. Of ~s genemtio~ ~e CiW of Aspen
sh~l requke ~figation of six~ (60) percent of the generated ~ployees. Mitigation of
employee generation sh~l be a fo~ acc~table to ~e A~e~i~n Co~w HouS~g
Au~ofiW (~C~). ~e development of new affor~ble housing ~ts may req~
s~te l~d use approves.
A business license for medical offices in ~s project sh~l not be issued by ~e Ci~ of
~en ~fil a pI~ for ~e PrOvision of employee mitigation ~ been subdued ~d
appmv~ by ~C~. A pl~ for ~e prohsion of mployee mitigation sh~l be acc~t~ by
Ord~ce No. 18,
Sehes of 2003. Page 10
Page: 11 o~ 22
05/14/2003 11:46A
SILVIA DAVIS PITKIN COUNTY CO R 111.00 D e.Be
~C~ ~om eider ~e pmp~ o~er or ~t~ 0n beef o--~ ~e prop~ o~er.
~e employee mitigation pl~ sh~l idenfi~ ~e me,Od in w~ch ~ployees s~ll be
mitigated, ~Y r~ fi~cial Sec~, ~d reme~es for non-compli~ce. The ~ploy~
~figation s~l be provided, in a m~er ~ described in ~e approved mitigation pl~
M~ ~ee (3) yem of issU~ce of a Ce~ificate of Occup~cy for ~e respective space;
Responsibili~ of ~s employee ~figation sMll reside wi~ ~e ~ojeCt~ Ac~owledgment
of ~s msponsibili~ shall be includ~ ~ ~e Subdivision a~eem~t ~d s~l be bin~g
upon ~e Project.
Employee ~figation, once prohded to ~e City's requirements, shill relieve ~e Proj~t of
~y subs~uent mployee mitigation obligation to ~e Ci~ of Aspen for ~e r~tive
space. ~C~ ~d ~e Ci~ of Aspen Shill not re~d ~y mployee ho~g mitigafiom
upon ~y tenet vacation Of~e specified sp~e. Ch~ge in ten~cy ~d adjusmem of~y
~figations provided by cern te~ts Sh~i be resolved be~een ~e sp~ific te~ts ~d
· e prop~ o~,
A~ Vflley Hospit~ is ~e expect~ tenet to occupy ~s space ~ m~tiple medic~
practices. Alternate businesses meeting ~e m~icfl office de~tion, ~ provided ~ove,
may occupy ~s space according to ~e s~e pmhsions of ~e employee ~figation
a~eement.
Bo~ "me~cfl offices" ~d businesses qufli~ng wi~n the Use li~tafions of ~e Ci~ of
A~en S~ice/Co~erci~dus~al (SCD Zone Dis~ct, Section 26.710.160 of~e L~d
Use Code, may occUpy the identified sp~e ~ '~aed Uses," as such t~ is used in ~e
Ci~'s ~d Use Code. Occup~cy offs sp~e by one pemi~ed use for a period of time
shill not ~t ~e abili~ or fi~t of ~other p~itted use to occupy ~e ~ace, subject to
the ~ployee mitigation requirements for m~ical offices use ~ described above.
Section 8: ~ordable Hous~g Units
The Project shall ~clude ~enty-one (21) one- ~d ~o-be&oom affordable housing rots
~ described on the Finfl P~ PlUs. E~h ~it may be config~ed ~ eider a one- or
~o-be~oom ~it. Each ~it shill have one (1) associated pmhng space conveyed
app~en~t to the ownershp interest of the residenti~ mt. ~ese ~fordable housing
~its shill be deed restricted as for-sale Resident Occupied (RO) or Catego~ ~ ~d
~sfe~ed to quflified p~chasers. ~e developer shall ret~n ~e fi~t to select the f~st
p~ch~er of each ~it not subsidized wi~ public monies, C0n~fioned upon each
p~chaser being qualified to p~chase such ~it by ~e Aspe~itkin Co~w Housing
Au~ofi~ (~CHA). U~t convey~ces ~er the first p~chase shall be according to ~e
ACP~ Guidelines or as othe~ise stated in the deed restriction for the p~icul~ ~it.
The initial s~es prices shill be dete~ined by ~e developer ~d ~C~ prior to ~sfer
b~ed on a mix of Catego~ Seven ~d Resident Occupied, ~ defined in ~e ~CHA
Guidelines, focus ~oup discussions of p~chaser qualification requirements, ~d ~e ~lly
fll0cated costs of cons~cting ~e rots. A methodolo~ for dete~i~ng ~t s~es prices
shill be a~eed upon prior to issu~ce of a building pemit.
Ordinance No. 18,
Series of 2003. Page 11
Page: t2 of' 22
05/14/2003 ~.1:46~
s~,w~ ~VTS ~-r~. COUN'r¥ co , m.~ ,~ ~.~
~CHA ~d ~e Ci~ o~ Aspen shall-~ fi~t~~c~pate~m ~e
affordability of ~e ~fordable housing ~its bY subsi~zing ("bU~g-down") ~e final
P~chase prices of the affordable hOUSing ~its ~til september i, 20032 This Mll ~low
~e developer to establiSh pre-p~chase contracts for each ~t. Affor~ble housing ~ts
subsidized wi~ public mo~es sh~l be convoyed to qualified p~chasem ~ou~ ~e
~CHA LoRew.
Section 9: Neighborhood Commercial Space
A business space of approximately 850 squ~e feet, plus additional outdoOr seating ~ea,
is proposed along the western edge of building ~5. Tbs space may house businesses in
compli~ce wi~ eider the Nei~borhood Comercial ~C) or
Se~ice/Co~ercia~dus~al (SCI) z6ne District regulations ~ d~fined in ~e L~d Use
COde, ~d ~ may be mended ~om time to time. The City of Aspen prefem ~s space be
used by ~ NC business providing food so,ice or re~es~ents for project resid~ts,
t~ts, customers, ~d users of the no,by recreatiOnal me'ties. The space Shall be
identified in size ~d locmion in ~e Fin~ P~ PlUs Mth bo~ ~l°Wed uses identified
(i.e. "Allowable uses: Nei~bOrh°°d c0~ercial or So,ice Co~erci~ ~dus~al
businesses").
Section 10: Replacement of Non-Confor~ng Uses
L~d uses considered non-co~o~ing uses prior to redevelopment ~e au~ofized to
occupy locations in ~e Project as nonconfo~ing uses, subject to Section 26.312 of ~e
City ~d Use Code - Nonconfomities. A~er initi~ reestablis~ent of e~h
nonconfo~ing use, ab~doment or discontinu~ce of the nonconfoming use for a
periOd as defined by Section 26.312, as mended, of ~e cit~ L~d use Code, shall
abolish the nOnconfo~ing status ~d the allowable uses sh~l reve~ to only
Se~ce/Comemia~dus~al (SCD uses, ~ defined by 26.710.160, as mended, of ~e
City L~d Use Code, ~less ~o~er use is dete~ined acceptable to ~e City of Aspen.
Each nonconfo~ing space shall be identified in size ~d location in ~e Final P~ Plus
wi~ ~e t~e of nonconfo~ing use identified (i.e. "nonconfo~g: office" or
"nonconfoming: fimess club"). Exact replication of each existing nonconfoming space
is not necess~ (i.e. ~ existing 720 sq~e foot space need not be replaced wi~ a new
720 squ~e foot space). ~e total of nonconfoming use space shall not exceed ~e
existing total devoted to such use. These non-C°nfo~ing Use spaces may house eider
the identified nonconfo~ing use or a So,ice Co~erci~ ~dusffi~ (SCD use, according
to Section 26.710.160 of ~e CiW L~d USe Code, ~ mended.
~e folloMng uses ge considered nonconfo~ing:
Power Shade 756 Office
the Gym 2400 ~Fitness Club
H&R Block g25 Office
Dalby Wendland 500 Office
Schmueser Gordon Meyer g25 Offi~
Goldber9 and Goldber9 Accounting 100 Office
Or--ce No. 18,
Series of 2003. Page 12
Page: 3.3 0¢ 22
es/14/2ee3 il :46~1
SILVIg DRVIS PITKIN COUNTY CO
Alternative Interiors 273 ~ ~i~ -
Mark Regan, GC 218 Office
/
,Total:5~197
Section ll: Replacement of Conditional Uses
Land uses approved as conditional uses prior tO redevelopment are authorized to be
reestablished within thc Project for a period of time not to exceed existing lease terms,
subject to the individual conditional use approval, and not to exceed the existing net
leasable square footage. Conditional Use approval for such replaced uses shall expire
upon conclusion of the existing lease. Changes in the operational style of the use may
require an an~endment of the conditional use approval. The following use is currently an
approved conditional use:
and
Mittel Europa 960 including
)ires in 2009.
Section 12: Snow Melter
The City Of Aspen agrees tO the cessation and removal of the mechanical snow melter
located north of the Project after the conclusiOn of the 2005-6 winter seaSOn.
Section 13: Recycling Center
The CitY of Aspen agrees to pursue alternate locations for the Pitkin County recycling
operation within the context of the Civic Master Plan. Any alternate location shall be
considered viable by the City of Aspen considering neighboring uses and property
owners, user groups, and operational methods of the Pitkin County recycling program.
This ordinance shall not assure an altemate location for the recycling facility. The City of
Aspen shall allow the Project developer to review and comment on the proposed aesthetic
improvements. The final design will shield and minimize visibility of the dumpsters and
loading areas from the Project.
The Project developer shall Provide $125,000 to the City of Aspen for the purpose of
improving the recycling facilitY upon Commencement of improvements to the recycling
facility. The City of Aspen and the Project developer shall enter into an agreement
identifying the funds, identifying limits on the use of such funds, and applicable time
periods for the exercise of such funds to either relocate or improve the existing recycling
facility. An agreement between the Project developer and Pitkin County may be
necessary.
Section 14: Hunter Street Trail
The City of Aspen agrees to provide a ten (10)-foot wide easement along the easterly
property boundary of the 540 East Main Street property (the former Zupancis property)
for the purpose of develOping a pedestrian connection from Main Street to the Project and
along the eastern boundary of the 540 EaSt Main Street proPerty. The easement shall be
Ordinance No. 18,
Series of 2003. Page 13
Page: 14 of 22
05/14/2003 11:461:1
SILVIA DAVIS PITKIN COUNTY CO R 111.00 D 0.~(~
reflected on the Final Subdivision plat and sh~l~lt a~b~llC access easement.
Specification of the trail design shall be included in the Final PUD plans with an approval
signature line for the City Parks Department. The Project developer shall construct the
trail. Maintenance of the trail shall be divided between the City of Aspen and the Project
owner as described and depicted in a maintenance and license agreement to be recorded
along with the Subdivision/PUD agreement. Costs of the trail are expected to roughly
approximate the required Park Impact fee~ Costs of constructing the trail shall be credited
towards the Park Impact fee, as described in Section 15.
Section 15: Impact Fees
Park Impact Fees of $124,464 shall be assessed and allocated by the City for
improvements proximate to the Project site in coordination with the City Parks
Department. Costs of physical improvements to create the Hunter Street Trail, as
described in Section 14, and other site improvements determined acceptable to the City
Parks Department, shall be credited towards reducing this impact fee. Amendments to
the Project shall include an adjustment to this impact fee according to the following
schedule:
Park Fees: 15 one-bedroom units @ $2,120 per unit = $31,800
6 two-bedroom units ~ $2,725 unit = $16,350
21 three- or four-bedroom units ~ 3,634 per unit -- $76,314
$124,464
School Impact Fees are assessed based on one-third the value of the unimproved land
divided by the proposed number of residential units on a per acre basis. The City of
Aspen verifies the unimproved land value of the lands underlying the Project to be
$4,143,301 per acre from recent transactions and information from the Pitkin County
Assessor. One-third of this value divided by the proposed 42 units results in a $32,883
per acre standard for calculating the impact fee. The subject subdivision is not conducive
to locating a school facility and a cash-in-lieu payment shall be accepted. School Impact
Fees are follows, payable at building permit issuance:
1/3 land Land Per unit Number
value per Dedication Impact Fee of Units
unit per standard
acre (acres)
One bedroom $32,883 .0012 $39.46 15 $591.90
TwoBedroom $32,883 .0095 $312.39 6 $1,874.34
Three $32,883 .0162 $532.70 11 $5,859.70
Bedroom
Four Bedroom $32,883 .0248 $815.49 10 $8,154.90
Total: $16,480.84
Amendments to the project shall include an adjustment to this impact fee according to the
above SChedUle.
Ordinance No. 18,
Series of 2003. Page 14
Page: ~,5 or' 22
05/14/2003 11
SILVZ~I DRVIS PITKIN COUNTY CO R
Section 16: Landscape Plan
Thc proposed landscape plan shall provide a number, type, and quality of plant material
acceptable to the City Parks Department. Sufficient mitigation shall be provided, in a
form acceptable to the City Parks Department, to offset the removal of existing trees on
the site. The Landscape Plan sheet(s) of the Final PUD Plans shall include an acceptable
tree replacement and mitigation plan with a signature line for approval by the City Parks
Department.
Tree removal mitigation shall be based on the valuation of existing trees to be removed.
Following is a summary of the existing trees to be removed and their valuation. New
trees to bc established within the Project shall be credited towards this valuation.
6 6 6,104.16
7 4 9,693.18
8 1 1,808.64
14 3 16,616.88
17 I 8,167.14
20 1 11,304.00
22 1 13,677.84
30 1 25,434.00
9 1' 1,144.53.
10 1' 1,413,00
11 1 * 1,709.73
13 2* 4,775.94
30 1' 12,717.00
Total: $114,566.04
· - Trees assessed at half value due to severe decline in health and impact from past
business activities.
The Subdivision/PUD agreement shall include provisions guaranteeing the successful
implementation of the landscape plan and ongoing maintenance of landscape. Buildings
shall incorporate outside spigots for water planters and containers in the pedestrian
pathways. The Subdivision/PUD Agreement shall include provisions for initial
establishment of improvements and ongoing maintenance of the landscape and pedestrian
ways as general common elements.
Section 17: Pedestrian Pathways and Fire Access Ways
The fire access lanes depicted in the Final PUD Plans through the project, on pedestrian
pathways, shall remain clear at all times of any architectUral projections, signs, benches,
planters, etc. The drop-off parking spaces shall be signed for "30 minute parking only." No
parking shall be permitted along the pedestrian pathways Within the project.
Pedestrian pathways and plaza spaces may be used for occasional outdoor events with
approval from the Community Development Director as a Temporary Use, pursuant to
Section 26.450 of the Land Use Code. LimitatiOns on event timing, duration, location, etc.
may be established by such approval. Encroachments into fire access lanes shall not be
Ordinance No. 18,
Series of 2003. Page 15
Page: 16 o,F 22
permitted. Significant events shall require Special Events approval (administered by the
City Clerk).
Section 18: Water Department Requirements
A separate water meter will be needed for each residence. An additional tap for landscaping
will be needed. There Shall be a shared Water Service agreement with each owner.
Adequate cover of the water line under Sheriff's alley shall be maintained. Relocation of the
Water Main from East Bleeker Street to Rio Grande Place shall be in Coordination with the
City Water Department. Service interruptions shall be minimized.
Section 19: Locating Streetlights
The applicant shall work with the City Utility Department Director (Phil Overeynder) and
the City Parks Planner (Scott Ch/sm) for locating antique streetlights along the north side of
Rio Grande Place. These shall be depicted in the Illustrative plan of the Final PUD Plans.
Section 20: Aspen Consolidated Sanitation District
All requirements of the Aspen Consolidated Sanitation District, as described in the
memorandum attached as Exhibit A, shall be complied with. Service interruptions shall be
minimized.
Section 21: PM10, Mitigation and Transportation Options Program
The City of Aspen considers the following elements of the Project properly mitigating the
increases in pml0: proximity to downtown and common destinations, proximity to transit
services, proposed pedestrian connections, provision of one parking space per residence
with additional parking spaces available at a market rate, parking spaces for municipal
vehicles, parking spaces for the City of Aspen Car-Share program vehicles, covered and
secure storage, elimination of unpaved parking and access ways, traffic-calming physical
improvements to the right-of-way, a controlled parking garage, and the development of
affordable housing and SCI business space within Aspen's core reducing future necessity
for greater automobile reliance and longer automobile trips to access such businesses and
residences.
The owner(s) of the commercial units within the Project shall inform and encourage
commercial tenants to join the City of Aspen Transportation Options Program. This
program offers certain incentives to reduce automobile reliance. City of Aspen
Transportation Department - 92015267.
Section 22: vested Rights
Thc development approvals granted herein shall constitute a site-specific development plan
vested for a period of seven (7) years from th~ date oflssuance of a d%el°pment order.
Ordinance No. 18,
Series of 2003. Page 16
Page: 1.7 =+' 22
e5/1.4/20~3 1.1:45;I
Section 23: Condo~iU~ation ~ _ ...... ~
Condomi~iza6on of thc eXisting ~fi°r to redevelopmem) site improvements is h~eby
approved by ~ City of Asps, subject to recordation of a condomi~mization plat ~
compli~ce wi~ ~e c~ent (at ~e time of condo plat submission) plat r~em~ts of ~e
CiW Co~W Dcvelopm~t En~ne~. ~s ~11 f~ilitare ~cial ~d redevelopm~t
a~e~ts be~ean v~ous prop~ o~ers of~e ~o~t.
Condo~iza6on of ~e &oject (ager r~cvelopment) to define s~te o~ers~p
~teres~ of ~c Project is hereby approved by ~e ci~ of Aspeh, subj~t to r~orda~on of a
condomi~za6on plat ~ compli~ce wi~ ~e c~ent (at ~e ~me of condo plat
submission) plat ~q~rem~ts of fflc Ci~ Co~W Development En~eer.
~e applic~t sh~l work wi~ ci~ st~f ~d ~e Housing Au~ofiW st~ d~g ~e ~ng
of ~e Homeo~ Associa6on (HOA) a~ecment(s) to emac ~t ~e m~nten~ce dues for
· e deed res~et~ ~its ~e eq~mble ~d re~onablc in accord~ce ~ ~e provisions of
· e Color~o Condom~ O~p Act ~d ~ Colorado Co--on O~c~p ~terest
Act. Thc Project developer sh~l have ~c 6~t to condom~mize ~e ~0rdable
resid~6~ ~ts ~der a s~ate condomi~ rc~c ind~endent of o~er po~io~ of ~e
~oj~t. ~e HOA a~ecment(s) must be approv~ by ~CHA prior to iss~ce of a
b~l~ng pe~t ~d ~flect~ in ~e Sub~visio~ a~eemant.
Section 24: Subdivision/Street Vacation Plat & Final PUD Plans
Within 360 days after final approva! by city C6uneil and prior tO applying for a Building
Permit, the applicant shall record a Subdivision/Street Vacation Plat and a Final PUD
Development Plan.
The Subdivision/Street Vacation Plat shall comply with current requkements of the City
Community Development Engineer and shall include easements and signature blocks for
utility mains not administered by thc City of Aspen. The following items shall also be
depicted:
1. The final property boundaries and disposition of lands formerly part of East Bleeker
Street fight-of-way shall be depicted with appropriate additions to pmPerty
descriptions.
2. The top-of-slope of the Roaring Fork River depicted coinciding with the steep edge
of the riverbank - approximately four (4) feet (at its closest point) northeast of the
northeast edge of the exist'rog sidewalk along the northeast edge of Rio Grande
Place. A site section demonstrating proposed development compliance with a
progressive height limit projected fi.om this top-of-slope at a forty-five (45) degree
angle away from the river.
3. An easement to the City Well Head allowing access and maintenance. The
agreement shall be referenced with a note on the final plat.
4. Easements for electric transformers. Transformers shall be located outside of the
public right-of-way.
Ordinance No. 18,
Series of 2003. Page 17
Page: IS of" 22
05/14/2003 11:46R
5. Public access and pedestrian easements coinci~}-ng w~ the pedestrian c~-m~d~r~s ~----d~-~'
trails wi~ the project.
6. Fire and emergency access easements through the pedestrian ways of at least sixteen
(16) feet width2
7. The applicant shall provide the final approved Subdivision line data or survey
description data describing the revised street and parcel boUndaries to the
Geographic Information SYStems Department prior to applying for a building
penmit. The final building location data, inClUding any amendments, shall be
provided to the GIS Department prior to issuance of a CertifiCate of OccUpancy for
any of the residential tmits~
The Final PUD Plans shall include:
1. An illustrative site plan with dimensioned building locations. Adequate snow
storage areas shall be depicted. Off-site improvements, not intended for cOnstrUctiOn
by the developer, shall be labeled "for discussion only, to be designed and
constructed by others".
2. A landscape plan showing location, amount, and species of landscape improvements
with an irrigation plan With a signatUre line for the City Parks Department, This
should include any movable planters/pots Within pedestrian areas.
3. Design speCifications for the HUnter Street Trail connection to Main Street with a
signature line for the City Parks Department.
4. An architec~ character plan demonstrating the general architectural character of
each building depicting materials, fenestration, Projections, and dimensions and
locations of elevator shaft heads, skylights, mechanical equipment, etc. Mechanical
equipment shall be screened from pedestrian view.
5. A utility plan meeting the standards of the City Engineer and City utility agencies.
The City Water DeP~ent prtfers One fire tap and one domestic service tap with
subsequent branch lines t° serve individual buildings and residences]
6. Construction details for improvements to the public rights-of-way, including
Sheriff's Alley, with mad profiles.
7. A grading/drainage plan with any off-Site improvements specified. Any off-site
improvements done in coordination with the City Engineering Department and costs
shall be prorated with other properties receiving such benefit.
8. An exterior lighting plan meeting the requirements of Seefion 26.575.150.
Section 23: Subdivision/PUD Agreement
Within 360 days after final approval by City COunCil and prior to applying for Building
Permit, the applicant shall ree0rd a Subdireisi°n/PUD Agreement binding this property to
this development approval. The Agrem~nt Shall include the necessary items detailed in
Section 26.445.070, in addition to the following:
1. Agreements with the City of Aspen, as described above, regarding: the snow melter,
recycling center, use of the 540 East Main Street property, APCHA acceptance of
condominium HOA agreements, acknowledgment Of the medical office use I
Ordinance No. 18, ~
Series of 2003. Page 18
Page: ~,9 of' 22
~5/14/2003 1t :46lq
employee mJtigation rcqnircmcnt, the methodo]o~ of dctc~d~g actual Costs of
the Resident Occupied units, any agreement for the City or APCHA to "buy-down"
the affordable residential units, City parcel lease agreement, Hunter Street Trail
maintenance and lic~se agreement 3~SCribiilg and depict~: ~i~i~h 0f
maintenance responsibilities, extra parking space lease agreement, an access and
maintenance agreement for the City Well Head acceptable to the City Water
Director, a public and emergency access easement agreement along pedestrian ways
and trails as specified above.
2. An agreement with Pitkin County providing adequate access for Pitkin County, the
Pitldn County Sheriff, the Pi~n C0unty J~l buiiding~ arid Pi~ ~0unt~) Facility
Maintenance, including any relocation measures.
3. The pLrD agreement shall state the ownership and maintenance responsibihties of
the common areas of the project.
4. An estimated construction schedule with estimated schedules for construction
phases affecting city streets and infrastructure and provisions for noticing
emergency service providers, neighbors, the Pitkin County Jail, Pitldn County
Facility Maintenance, the City Streets Deparmaent, the Transportation Depath~ent,
City Parking Department, mad the City Engineering Department. Street closures
concurrent with significant public events on the Rio Grande Park shall be avoided to
the greatest extent possible. The City can provide t~affic control barriers, cones,
etc., but cannot provide personnel.
r~'x, 5' ~ agreement to remm RiO Grande and Spring Streets to acceptable condition after
construction, as determined by the City Engineer. Subsurface work may be
necessary. Curb and gutter work may be necessary. A final twooinch overlay may
be necessary.
Section 24: BUilding Permit ReqUirements
The building permit application shall include/depict:
1. A letter from the primary contractor stating that the approving Ordinance has been
read and understood.
2. A signed copy of the final Ordinance granting land use approval.
3. A fugitive dust control plan approved by the Environmental Health Depa~htient
which addresses watering of disturbed areas including haul roads, perimeter silt
fencing, as-needed cleaning of adjacent rights-Of-way, Speed limits within and
accessing the site, and the ability to requeSt additional measures to prevent a
nuisance during construction. The applicant shall wash tracked mud and debris
from the street as necessary, and as requested by the City, during construction.
The applicant shall provide phone contact infomafion for on-Site Project
management to address construction impacts to: The City of Aspen, Pitkin
County, 600 East Main Condominium Association, and the River Park
Condominium Association.
4. A construction management and parking plan meeting the specifications of the City
Building DePartment. SPring Street Shall be the primary hauling and delivery mute. ·
Ordiaance No. 18,
Series of 2003. Page 19 :'
Page: 20 ot 22
Section ~ Project Amendments .............. ~ ~ .... ~
~en~ts to ~e ~oj~t Shall be rehewed ~cor~ng to ~e procedt~es ~d h~tations of
· e ~d Use Code for mm~ng a F~al P~ Pim~
Section ~
The City of Aspen Mayor is hereby authorized to execute and issue a Mayor's Deed to
Obermeyer Place Holding Company, LLC, on behalf of the City of Aspen for that portion of
land south of Ri0 Grande Subdivision Lot #9, as described on the Obenneyer Place Mayor's
Deed Parcel Exhibit Map. The Exhibit Map Shall be recorded with the Pitkin county Clerk
and Recorder.
Section ~..
All material representatiOns and commitments made by the developer, conditionally by
some property owners, pursuant to the development proposal approvals as herein awarded,
whether in public hearing or documentation presented before the Community Development
Department, the Obermeyer COWOP Task Force Team, or the Aspen City Council, are
hereby incorporated in such plan development approvals and the same shall be complied
with as if fully set forth herein, unless amended by other SPecific conditions.
Section ~1~
This Ordinance shall not effect 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.
SectionalS:
If any section, sUbsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, Such Portion Shall
be deemed a separate, distinct and independent proviSion and shall not affect the validity of
the remaining portions thereof.
Section ~
That the City Clerk is directed, up°n the adoption of this ordinance, to record a copy of this
Ordinance in the office of the Pitkin COunty Clerk and Recorderl
Section 3~:
A public hearing on the Ordinance was held on the 14~h day of April, 2003, at 5:00 in the
City Council Chambers, Aspen City Hall, Aspen COl0rad6, fifteen (i5) days Pd0r t° Which
hearing a public notice of the same was published in a newSPaper of general circulation
within the City of Aspen.
Ordinance No. 18,
Series of 2003. Page 20
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City °f Aspen on the 24th day of March, 2003.
Attest:
.-' Clerk Helen Kaita Kltndeer~d,n~iayor --
passed and approved this 14~h day of April, 2003.
Clerk
Approved as to form:
Jolfli Worcester, City Attorney
C:~home\ObermeyerCOWOPXFinaI\Ordinance.doc
Ordinance No. 18,
Series of 2003. Page 21
Paul Smith*Chairman Frank Loushin 0F~
Michael Kelly ~ Vice- Chair Roy Hollowav
John Keleher * Sec ri'teas Bruce Matherlv. Mgr
ACSD Requkements-Obermeyer COWOP and PUD
Service is contingent upon comphance with the District's roles, re=malations, and specifications, which
are on file at the District office.
ACSD will review the approved Drainage plans to assure that clear water connections (roof,
foundation, perimeter, patio drains) are not connected to the sanitary sewer system.
On-site utility plans require approval by ACSD.
Oil and Grease interceptors (NOT traps) are required for all food processing establishment Locations
of food processing shall be identified prior to building perrmt.
Oil and Sand separators are required for parking garages and vekicle maintenance establ/shments.
Driveway entrance drains must drain to drywells.
Elevator shafts drains must flow thru o/s interceptor
Old service lines must be excavated and abandoned at the maim sanitary sewer line according to
specific ACSD requirements.
Below grade developmant may require installation of a pumping system.
One tap is allowed for each building. Shared service line agreemants may be required where more than
one unit is served by a single service l/ne.
Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will
requ/re approval by ACSD where so~ and hard landscaping may impact public ROW or easements m
be dedicated to the district
All ACSD fees must be paid prior to the issuance cfa building perrrfit. Peg in our office can develop
an estimate for tkis projec~ once detailed plans have been made available to the district
Where additional development would produce flows that would exceed the planned reserve capacity of
the existing system (collection system and or treatment system) an additional proportionate fee will be
assessed to eliminate the downstream collection system or treatment capacity constraint Additional
proportionate fees would be collected over time from al/development in the area of concern in order to
fund the improvements needed.
Where additional development would produce flows that would overwhelm the planned capacity of the
existing collection system and or treatment facihty, the development will be assessed fees to cover the
costs of replacing the entire portion of the system that would be overwhelmed. The District would fund
the costs of consrrucfmg reserve capacity in the area of concern (only for the material cost difference
for larger line).
Due to the impact on the alley behind Concept 600, the applicant may be responsible at their sole cost
to replace the main sanitary sewer th/s alley and in Sphng ST
565 N. Mill Sr.. Aspen. CO' 81611 (970)925-3601 FAX (970 925-2537