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HomeMy WebLinkAboutordinance.council.030-0312/24/2003 00:541:1 ORDINANCE NO. 30 (Series of 2003) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO. APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF ASPEN. COLORADO, TO BE KNOWN AND DESIGNATED AS THE "ASPEN VALLEY HOSPITAL DISTRCIT ANNEXATION." WHEREAS, on February 22, 2002, the Chairman and Presidem of the Aspen Valley Hospital District on behalf of one-hundred percent (100%} of the owners of the property proposed to be annexed did file ~vith the City Clerk of the City of Aspen a Petition for Annexation of territory to the City of Aspen; and WHEREAS, the petition, including accompanying cop~es of an annexation map, has been reviewed by the City Attorney's Office and the City Engineer and found by them to contain the information prescribed and set forth/n §31-12-107, C.R.S.; and WHEREAS, the owners of one hundred percent (100%) of the area proposed to be annexed, exclusive of streets and alleys, have consented in writing to the annexation; and WHEREAS, the City Council, by resolution (Number 28, Series of 2002) at its regular meeting on April 8, 2002, did find and detennine said Petition for Annexation to be in substantial compliance with the provisions of §31-12-107, C.R.S.: and WHEREAS, the City Council, by resolution (Number 44. Series of 2002~ m its regular meeting on May 13, 2002, did find and determine, following a public heating, said Petition for Annexation to be in substantial compliance with §§ 31-12-104 and 31-12-105. C.R.S.; and WHEREAS. the City Council does hereby find and determine that approval of the annexation of said territory to be in the City's best interest; NOW, THEREFORE. BE IT ORDAINED BY I'HE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Page: 2 of 3] 12/24/2003 09: 541q $ILVIA DAVIS PITKIN COUNTY CO R 156.00 D 0.00 Section 1. That the tract of land described in the Petition for Annexation, commonly referred to as the "Aspen Valley Hospital District Annexation", and as shown on the annexation map, is hereby annexed to the City of Aspen, Colorado. Section 2. The City Clerk of the City of Aspen is hereby directed as follows: ia) To file one copy of the annexation map with the original of this annexation ordinance in the office of the City Clerk of the City of Aspen. (b) To certify and file two copies of this annexation ordinance and of the annexation map with the Clerk and Recorder of the County of Pitkin. State of Colorado. (c) To request the Clerk and Recorder of Pitkin County m file one certified copy of this annexation ordinance and of the annexation map with the Division of Local Government of the Department of Local Affairs, State of Colorado. Section 3. The City Engineer of the City of Aspen is hereby directed to amend the Official Map of the City of Aspen m reflect the boundary changes adopted pursuant to this annexation ordinance. Section 4. That 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 5. That this ordinm~ce shall not have any effect on ex~sting litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. 2 O Page: 3 o; 31 12/24/2003 09:54R SILVIA DAVIS PITKIN :OUNTY CO R 156,00 D 0.00 A public heating on the ordinance shall be held on thel4th day July, 2003, in the City Council Chambers. Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 27th day May, 2003. /'Plrel~ I~ali('f~K~demd, Mayor ' Clerk FINALLY adopted, passed and approved this 14th day of July 2003. City Clerk O ANNEXATION AGREEMENT ASPEN VALLEY HOSPITAL THIS ANNEXATION AGREEMENT ("Agreement") is entered into and made on ~qQ~t, ~ , 2003, by and between the City of Aspen, a Colorado home rule municipal corporation, which address is 130 South Galena Street, Aspen, Colorado 81611 (hereinafter referred to as the ~City"), and Aspen Valley Hospital District and whose address is 0401 Castle Creek Road, Aspen, Colorado 81611 (hereinafter referred to as ~AVH"). This Agreement shall become effective following execution by AVH and upon approval by the City Council of Aspen evidenced by a duly approved resolution and by the execution of the Agreement by either the City Manager, Mayor or Mayor Pro-Tem. RECITALS AND REPRESENTATIONS WHEREAS, AVH represents that it comprises 100 percent (100%) of all owners a parcel of land commonly known as the Aspen Valley Hospital Campus, which is more particularly described in Exhibit ~A" appended hereto and incorporated herein by this reference ("Annexed Property"), and WHEREAS, the City annexed the property at on July 14, 2003, pursuant to Ordinance No. 30, and a public hearing Series of 2003; WHEREAS, AVH received approval from Pitkin County for the 1989 Aspen Valley Hospital District Master Plan pursuant to Resolution 89-79 of the Pitkin County Board of County Commissioners, which is appended hereto as Exhibit ~B"; and WHEREAS, AVH received approvals for the Aspen Valley Hospital Master Plan Amendments from Pitkin County pursuant to Board of County Commissioner's Resolutions 96-285, 97-82 and 97- 194, which are appended hereto as Exhibits ~C", ~D" and ~E"; and WHEREAS, the Aspen Valley Hospital District Master Plan and Amendments collectively constitute the "AVH Plan" which was approved by the Pitkin County Board of County Commissioners pursuant to an extensive public land use review process; and WHEREAS, portions of the AVH Plan have been developed by AVH, and certain parts of the AVH Plan have not yet been -1- developed; and WHEREAS, the City is a home rule municipality of the State of Colorado and is authorized to enter into this Agreement pursuant to C.R.S. Section 31-12-121. NOW, THEREFORE, in consideration of the mutual covenants contained herein, IT IS AGREED AS FOLLOWS: 1. ZONING OF ANNEXED PROPERTY. The parties agree that the Property annexed into the municipal boundaries will be zoned Public (PUB) and Residential Multi-Family (RMF) pursuant to Section 26.710.250 of the Aspen Land Use Code ("Code"). Upon annexation and zoning, AVH shall initiate a planning process and submit a Planned Unit Development Plan pursuant to Section 26.445 of the Code. The Planned Unit Development Plan will guide the long-term development of the AVH campus. 2. SUBSTANCE ABUSE FACILITY PROGRAMS. If the citizens or a majority of the full City Council of Aspen, in conjunction with the involvement of AVH, approve of the need, plan, and funding for a facility or program to address the community's substance abuse problems, AVH and the City of Aspen will be full partners in developing, reviewing, and funding (to include in- kind land donation) any substance abuse facility or program. 3. CASTLE CREEK ROAD/DOOLITTLE DRIVE INTERSECTION . AVH will contribute a one-time capital expense to pay for one-half of the actual cost of retrofitting the Castle Creek Road/Doolittle Drive intersection, not to exceed $100,000.00. Said sum Shall be paid within thirty (30) days of the substantial completion of the retrofit. 4. CITY EMPLOYEES HEALTH INSURANCE DISCOUNT. AVH agrees to extend to City employees a discount equal to fifteen percent {15%) of AVH charges. This offer will be in effect for ten (10) consecutive years subsequent to the effective date of annexation. 5. HEALTH EDUCATION/SERVICES PROVIDED BY AVH. (a) Health Fairs. AVH will commit to three (3) health fairs per year. Two (2) health fairs will be in Aspen (one dedicated entirely to citizens 55 and older), and one will be in Basalt. The health fairs will offer a variety of screening tests and educational information, all for free or at -2- a tremendous discount (examples include DT boosters, blood chemistries, CBCs, glaucoma checks, colorectal kits, bone density tests, peak flow/oximetry, skin cancer checks, knee exams, foot exams, blood pressure checks, vision and hearing testing, and educational booths on topics such as nutrition, breast health, heart health, and bike fitting). (b) Educational Seminars. AVH will commit to at least five (5) free educational seminars on general or specific health topics (examples include facts about hormone replacement therapy, living with asthma, joint disease, women's cancers, the aging process, common ear, nose and throat problems, etc.). 6. APPROVED AVE PLAN. The AVH Plan approved by the Pitkin County Board of County Commissioners is based upon: (a) 1989 Aspen Valley Hospital District Easter Plan approved pursuant to the Pitkin County Board of County Commissioner's Resolution 89-79, which is appended hereto as Exhibit nB"; (b) 1996 Aspen Valley Hospital District Master Plan Amendment approved pursuant to Pitkin County Board of County Commissioner's Resolution 96-285, which is appended hereto as Exhibit nC"; and (c) 1997 Aspen Valley Hospltal District Master Plan Amendments approved pursuant to Pitkin County Board of County Commissioner's Resolutions 97-82 and 97-194, which are appended hereto as Exhibits nD" and ~E". 7. APPROVED AVH PLAN DEVELOPMENT ENTITLEMENTS BASED ON PITKIN COUNTY LAND USE APPROVALS. Portions of the AVH Plan have been developed. The followin9 AVH Plan components have not been developed: (a) Expansion of Cafeteria and Kitchen (1989 Plan); Plan); (b) Development of Space for Business Functions (1989 (c) Development of Additional Space for Shops, Laundry, and Storage (1989 Plan); (d) Relocation of Helipad (1989 Plan); -3- Page: 7 o{ 31 12/24/2003 09:54R SILVIA DAVIS PITKIN COUNTY CO R 156.00 D 0.00 (e) Development of the majority of 5,500 square feet of additional floor area planned for the expansion of the Emergency Room, a new Operating Room, expanded Lab, and a new Physical Therapy Wing (1996 Plan Amendment); (f) Amendment); Internal remodel of the Hospital (1996 Plan (g) Development of a 22,800 square foot Medical Office Building (1997 Plan Amendment); and (h) Development of a 17,970 square foot Underground Parking Structure (1997 Plan Amendment). 8. AVH INTERIM IMPROVEMENT, PLAN APPROVED BY THE CITY OF ASPEN. The following construction projects may be developed by AVH pursuant to and in compliance with the County approvals as part of the AVH Interim Improvement Plan prior to the approval of the new AVH Planned Unit Development Plan: (a) Develop 4,100 square feet of additional floor area for a Physical Therapy and Cardiac Rehabilitation Unit and 2,000 square feet of additional floor area for a Patient Care Unit (PCU) addition; and (b) Internal remodel of hospital. 9. ZONING SCHEDULE. Upon execution by the parties of this Agreement, the City shall initiate and complete zoning of the Annexed Property. 10. AVH OBLIGATION. AVH hereby agrees not to petition the City to de-annex, provided all of the terms and conditions of this Agreement are met. AVh will not seek relief as an ~essentlal public facility exemption" from City of Aspen planning and building fees. AVH will be responsible for and pay its City of Aspen planning and building fees. 11. CITY'S OBLIGATION. The parties acknowledge that annexation and zoning are subject to the plenary legislative discretion of the City Council of Aspen and the rights of referendum and initiative reserved unto citizens. No assurance of zoning has been made and relied on by AVH. -4- 12. the breach of any term or provision of operate or be construed as a waiver of either party. Page: 8 o¢ 3! 12/24/2003 WAIVER. A waiver by any party to this Agreemen~ of this Agreement shall not any subsequent breach by 13. BINDING EFFECT. The parties hereto agree that this Agreement, by its terms, shall be binding upon the successors, heirs, legal representatives, and assigns thereof, and shall constitute covenants running with the Annexed Property. In the event that all or part of the Annexed Property is sold, transferred, or otherwise conveyed to additional or multiple parties, all owners shall be jointly and severally responsible for all terms, conditions, and obligations set forth in this Agreement. 14. NO THIRD PARTY BENEFICIARIES. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the City, and AVH and nothing contained in this Agreement shall give or allow any such claim or right of action by any other third person on such Agreement. It is the express intention of the City and AVH that any person other than the City or AVH receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 15. GOVERNING LAW AND ENFORCEMENT. This Agreement shall be governed by the laws of the State of Colorado. The parties agree and acknowledge that this Agreement may be enforced at law or in equity. In addition to any other available remedies, it is understood and agreed that the City may withhold or revoke any permits or certificates, including but not limited to building permits and certificates of occupancy, for any lot within the Annexed Property in the event of a breach of this Agreement by the AVH. 16. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional documents or take any additional action that is necessary to carry out this Agreement. 17. EXECUTION IN COUNTERPARTS. This Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. -5- Page: 9 o~ 31 12/24/2003 09:54R SILVIA DAVIS =ITKIN COUNTY CO R 156.00 D 0.00 18. PARAGRAPH CAPTIONS.-' ~h--~-cap~ons of the paragraphs are set forth only for the convenience and reference of the parties and are not intended in any way to define, limit or describe the scope or intent of this Agreement. 19. INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. 20. ASSIGNMENT. Ail or part of the obligations or responsibilities set forth in this Agreement shall not be assigned by AVH without the express written consent of the City. 21. SEVERABILITY. Invalidation of any of the provisions of this Agreement or any paragraph sentence, clause, phrase, or word herein or the application thereof in any given circumstance shall not affect the validity of any other provision of this Agreement. 22. RECORDATION OF AGREEMENT. This Agreement shall be recorded by the City with the Clerk and Recorder's Office of Pitkin County. AVE shall pay the reasonable cost of recordation of this Agreement. 23. INCORPORATION OF EXHIBITS. Unless otherwise stated in this Agreement, exhibits referenced in this Agreement shall be incorporated into this Agreement for all purposes. 24. ACTIONS AGAINST ANNEXATION. In the event that any person, corporation, special district, municipal or county government, or any other entity asserts any claim against the City, its officials, or employees pursuant to the provisions of the Colorado Municipal Annexation Act, C.R.S. ~31-12-101 et. seq., AVH acknowledges and understands that the City may, at its sole discretion, voluntarily elect not to defend against such an action, and may consent to and permit the entry by the court of an order voiding the annexation or reach another means of settlement of claims. In such an event, this Agreement shall become null and void. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. -6- Attest: APPROVED AS TO FORM: By Clt~Attorney STATE OF COLORADO ) )SS. COUNTY OF PITKIN ) CITY OF ASPEN, a municiD~al co~0oration ASPEN VALLEY HOSPITAL DISTRICT / /TC.~ah; foregoing instrument was ackno~dged befores,me this of ~/~/~, 2003, by --/~r~ Z ~/~/~ WITNESS my hand and official ~al. My commission expires: Notary Public STATE OF COLORADO COUNTY OF PITKIN The foregoln9 instrument was acknowledged before me this ~ day of ~,~, 2003, by ~%~n ~:ck as C:%~ %'~%.~.~ of THE CITY OF ASPEN, a Colorado munlclpaI corporation. C: \client S \AVH\annexation agr, wpd WITNESS my hand and official seal. My commission expires: Notary Public -7- LIST OF EXHIBITS A B C D E Legal description of the Annexed Property Resolution No. 89-79 Granting Approval for the Aspen Valley Hospital Master Plan Resolution No. 96-285 Granting Approval to the Aspen Valley Hospital Master Plan Amendment, and GMQS Exemption for 14,500 Square Feet of Interior Remodeling and Construction of a 5,500 Square Foot Expansion to the Existing Hospital Building Resolution No. 97-82 Amending the Conditions of Resolution No. 96-285 Regarding the Allowed Square Footage for an Expansion of Aspen Valley Hospital Resolution No. 97-194 Granting Approval to the Aspen Valley Hospital Master Plan Amendment, GMQS Exemption, Special Review, and 1041 Hazard -8- 0 LIST OF EXHIBITS A B C D E Legal description o'f Aspen Valley Hospital proposed to be annexed Resolution No. 89-79 Granting Approval for the Aspen Valley Hospital Master Plan Resolution No. 96-285 Granting Approval to the Aspen Valley Hospital Master Plan Amendment, and GMQS Exemption for 14,500 Square Feet of Interior Remodeling and Construction of a 5,500 Square Foot Expansion to the Existing Hospital Building Resolution No. Resolution No. Footage for an 97-82 Amending the Conditions of 96-285 Regarding the Allowed Square Expansion of Aspen Valley Hospital Resolution No. 97-194 Granting Approval to the Aspen Valley Hospital Master Plan Amendment, GMQS Exemption, Special Review, and 1041 Hazard Page: 12 of 12/24/2003 09:54P SILVIA DAVIS PITKIk COUNTY CO R 156.00 O 0,00 -9- 0 ALni.n.e ~Jwe.-,s. Post Office On× 17.3~ Asoen, Colorado 81612 970 925 2688 Exh~b~ A ~ ~---- 12/24/2003 09:54~ $ILVIA DAVIS PITKIN COUNTY CO R 15B,00 D 0,00 FEBRUARY 18, 2002 NO. 8~-67 ~NNEXA~ION UESCKIPTION {Supersedes Page i of Desdrip~,on dated 02.~5.02) A TRACT OF LAND SITUATED IN THE SOUTHEAST QUARTER OF SEC?iON 1i, IN T~E SOUrHWEoT" ' '- QUARTER OF SECTION 12 AND iN THE NORTHWEST ~' ~- ~" - UU~K~EK OF SECTION 1~, ALL IN TG~SHiP i0 SOU?5, RANGE ~5 WEST OF THE SIXTH PRINCIPAL MERIDIAN, PiTKiN COUNTY, COLORADO, MOKE PARTICULARLY ~D 14: DISTANCES: NORTH 00~23'00" EAST 392.2~ FEET. NORTH 03~00'00" WEST 1211.74 F~ET~ NORT~ 87~07~00" EAST 333.97 FEET TO T~E ~$T RIG~T--OF- WAY LINE OF CASTLE CREEK ROAD~ THENCE NORTH 21°52'00" WEST 625.12 FE~T ALONG T~E RiGHT-OF-WAY LINE OF CASTLE CREEK ROAD TO THE · NT~ECTiON WiTH THE SOUTH RIGHT-OF-WAY LINE OF MAROON CREEK THENCE NORTH 46:3i:56= WEST 95.79 FEET ACROSS MAROON CRE~K ROAD TO THE SOUTHEAST CORNZS OF THE CITY THOMAS ................ ,'~ -~=~ i=u.=O PEST ALONG ................... ='~=~= ANNEXATION TO THE ?NTE~SmCT~O~ WI~ m~= SOUT~ RIGH=-u~-Wn= LiN~ OF' COLORADO ~TaTE ~IG~WAY NO. ~2~ THENC~ I02.39 FE~T ~LONG THE A~C OF ~ CURVE TO RIGHT HAVING ARA. DIU~ 07 1!~6.§~ ~ ~ ....... E., ~ CENTRAL ~NGLE OF ~4°54'1~" AND W~SE CHORD EEARS NORT~ §~16' 10' WEST 102.36 FEET ALONG T~ ~OUNDARY OF SAID CITY T~OMAS ?RO~ERTY ANNEXATION AND ALONG T~E SOUT~ RIGHT~ OF-WAY LI~ OF SAID STATE HIGHWAY T0 T~E SOUT~ERNMO~T COR~ER OF T~E CITY/ZOLINE O~EN SPAC~ AND STATE HIGHWAY 8~ ANNEXATION~ THENCE NORTH 39~11'00" ~AST ~00.00 FE~T ALONG THE ~OUNDARY OF SAID ZOLiNE ANNEXATION TO TH~ ~AST~RN~OST CORN~R OF SAID ZOLINE ANNEXATION, SAID CORNER ~IN~ ON T~E SOUTH BOUNDARY LINE OF OPeN SPAC~ ANNEXATION DESCRIPTION (Supersede5 Page 2 of Description dated Feb. 5, 2002) Ab]b~EXA~O~ NO.1 IDENTICAL WITI~ THE NOR~ RIGHT--OE-WAY LINE OF SAID STATE HIGHWAY; THENCE ~04.33 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A ~ADIUS OF 1096.00 P~ET, A CENTRAL ANGLE OF 10~40'54'' AND WHOSE cHORD BEARS SO~TH 56~0R'27" EAST 204.03 FEET ALONG SAID SOUTH BOUNDARY LINE AND ALONG SAID RIGHT-OF-WAY LINE TO T~E NORTHWEST CORNER OF 6PEN SPACE ANNEXATION NO.2; THENCE SOUTH 28~30'06" WEST 100.00 FEET ALONG THE WEST BOUNDARy LINE OF SAID OPEN SPACE ANNEXATION NO.2 TO THE SOUTH RIGHT-OF-WAY LiNE OF SAID STATE HIGHWAY; THENCE ALONG THE WEST BOUNDARY OF SAID OPEN SPACE ANNEXATION NO,~, IDENTICAL WITH T~E EAST RIGHT-OF-WAY L£~E O~ CASTLE CREEK ROAD, THE FOLLOWING COURSES AND DISTANCES: SOUTH 16~36'00" EAST 135.87 FEET, SOUT~ 20~54'00" EAST 2006.31 FE~T, AND SOUTH 32~10'00" EAST 67.10 FEET TO THE SOt~HERNMOST CO~NER OF SAiD A1TNE~LATION; THENCE SOUTH 30:29'38'' WEST 68.32 FEET ACROSS CASTLE CREEK ROAD 'TO THE EASTE~MOST-CORNER OF"PARC~L A OF SAID ASPEN VALLEY ~OSPITAL DISTRICT SUBDIVISION, SAID CORNER BEING IDENTICAL WIT~ T~E ~OINT OF BEGINNING OF CITY WATER PLANT ANNEXATION NO.2~ TH~NC~ $0UT~ ~41'00" WEST 13.13 PEET ALONG T~iE WEST BOUNDARY OF SAID ANNEXATION TO CORNER NO.2 OF SAID ANNEXATION: THENCE DEPARTING SAID WEST BOUNDARY SOUT~ 25~$~'~' WEST 0.99 FEET TO CORNER NO.5 OF SAID ANNEXATION; THENCE SOUTH 22~28'59" WEST 584.06 FEET ALONG THE WEST BOUNDARY OF SAID ANNEXATION TO THE INTERSECTION WiTH THE SOUTH BOUNDARY LINE OF PARCEL A OF SAID ASPEN VALLEY ~OSPITAL DISTRICT SUBDIVISION; T~ENCE ALONG TH~ SOUTH' BOUNDARY LINE OF SAID PARCEL A T~E FOLLOWING COURS~S AND DISTANCES: NORTH 53~40'36" W~ST 12.70 FEET, NORTH 23~4t~00" ~AST 177.80 F~ET, NORT~ 66~19'00" WEST 330.47 FEET, AND ~ORT~ 19"00'00" WEST 199.69 FB~T TO THE W~ST~RNMOST CORNER OF SAID PARCEL A, SAID CORNER BEING ON T~E SOUTH BOUNDARY LINE OF PARCEL C OF SAID ASPEN VALLEY HOSPITAL DISTRICT SUBDIVISION; THENCE ALONG T~E SOUTh' BOUNDARY OF SAID PARCEL C THE FOLLOWING COURSEE AND DISTANCES: $QUT~ 71~Q0'00'' WEST 288.00 F~ET, AND SOUTH ~3~00'00'' W~ST 52.80 FEET TO THE POINT OF BEGINNING. ~ F'~"S IL¥1;, DAVIS I .{ CNTY RECJltDER EXHIBIT "B" ?'~-- RESOLUTION OF THE BOARD OF COUNTX COHHISSIONERS OF PITKIN COUNTY, COLORADO GRANTING APPROVAL FOR THE ASPEN VAL?,~y HOSPITAL HASTER PLAN Resolution No. 89- 7~ ! i i 1 ] ! 1 1 1 i 1 WHEREAS, Aspen Valley Hospital, hereinafter "AVH,, has applied to the Board of County Commissioners of Pitkin County, Colorado, hereinafter "Board" for approval of the Aspen Valley Hospital Master Plan pursuant to Section 3-1.10(e) of the Land Use Code: and WHE~T2%S, the AVH Parcel is zoned Public Zone District (PUB) and contains approximately 19.10 acres and located at 0200 Castle Creek Road: (See Exhibi~ "A") and W~-~D~EAS, the Board finds that AVH represents an Essential Community Facility and adoption of their Master Plan is consistent with the State Highway 82 Corridor Master Plan; WR~R~%S, the Board is concerned about land area on this site until adoption plans and programs occurs; and and consumption of further of multi-party land use WHEREAS, the Board heard the AVH application at regularly scheduled meetings on July 11, 1989 at which time evidence and Page: tS of' 31 12/24/2003 09:54~:1 W~mREAS, said land use plans and programs shall address unmet Community health needs such as an inpatient psychiatric unit and holding facility and detoxification center; and BH":~tS, said multi-party land use plans may meet such unmet Community health needs on or off of the Aspen Valley Hospital site; and 600 271 Resolution No. Page 2 testimony was presented wit~ respect to this application. ~ NOW, '£n/~REFOPd~, BE IT P~ESOL%~F~D by the Board of County Commissioners that it hereby grants approval of the Aspen Valley Hospital Master Plan subject to the 1. The Applicants shall meet With the AsPen Water Department to develop an acceptable water service plan as part of the MaSter Plan, The Applicants shall meet with the A~pen Consolidated Sanitation District to develop a sewage disposal utility plan as Part cf the Master Plan. The utility plan shall include the following: following conditions: The expansion of the cafeteria requires the additional of a grease interceptor, Vehicle garages with floor drains require installation of a District approved'Oil and' sand separator, Roof drains and outdoor floor drains will need to be serviced by a dry well, Pathological wastes must be. d.isposed of in a Hospital pathological waste incinerator or means o~er than the sanitary sewer., ThlosulfateS and compO~u~_~s of silver need t.o. be recovered from spent x ray develOPer and flxer prior to discharge to the sanita sewer ~ f. Radioactive' wastes such as iodine-~31 and ~ '> phosphorus-~2 mU~t be .rendered inactive, by detention time, prior t0 dlscharge to the sanitary ~.~_~ sewer, g. Any potential sources be eliminated, for mercury discharges must h. . The District will require a manhole for sampling, downstream Of the facilities services, and prior to thee. introduction of the HoSpital's wasteload.to the Dastrlcts' collection system. The sampling manhole must be available and accessible to District personnel for sampling. Resolution No. 89-~'~ Page '~ The Applicants shall develop a fire protection plan that is acceptable to the Aspen Fire Protection District as part of the Master Plan. The entrance drive to the Housing project shall be redesigned so that it is directly across from the driveway to Castle Ridge. The Applicant shall develop appropriate of the Master Plan. work with the Housing Authority to employee deed restrictions as part A detailed drainage plan for the new addition shall be submitted prior to the issuance of a Building Permit iwith exception of the CT Scanner building addition). The Master Plan shall contai~ a landscaping program which discusses plant species, n,~er, size and irrigation methods. This program shall also discuss the costs for the proposed landscaping. The above information shall be provided in detail prior to the issuance of a Building Permit (with exception of the CT Scanner building addition). Signs warning of heavy traffic during peak hours shall be placed on the northbound lane of Castle Creek above the Hospital to warn road users of the upcoming congested intersection. 9. The Applicant shall take the lead in attemptinq to formulate plans, and programs which address the ~nmet Community health needs such as an inpatient PsYchiatric unit and holding facility and detoxification center and shall make recommendations within one year of Final Plat approval to the Planning CommisSion and Board of I ! County Commissioners. 10. Proposed uses which.are fully described can be shown as "allowed without further review in the plan". Uses which are only conceptual at this timeshall be placed in the "Special Review" category. 11. The, Final Plat sha~l show an easement for. the "nord,.io~ I trail acceptable to the County· 12. The existing 100 foot road easement within Aspen Valley Hospital property and along CaStie Creek Road Shall be noted on the Final Plat as a pedestrian, bicycle and road easement. Resolution No. 89-~g Page 4 13. Th.e Applicant. s~all constrUct and Within the exls~ ....... maintain a ua~h lthln two (2) Years ~_ =_~_ . . lcycle easements the ~' - '- ---~ ,.u~ m~ revlewea and a r =~annlng o=£1ce aha County La-~ · ..... PD Oved by ~ ,,~ u~ ~nglneer. APPROVED by the Board at its regularly meeting on July 11, 1989. ATTEST: APPROVED AS TO FORM: MJL:das boccreso.avh BOARD OF COUNTY COMmISSIONERs OF PITEIN COUNTY, COLORADO Cole=~e Penne, ~hairman--~ APFROV~-D AS TO CONTENT: Tho~s M. Baker, Inter/~a Planning Director EXHIBIT "C" RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITK~ COU~FFY, COLORADO APPROVAL TO THE ASPE~ VALLEY HOSPFrAL MASTER PLAN ~bl]~NT_, .~ND GMQS EXEMlr~ON FOR 14~00 SQUARE FEET OF ]iX~FF_~OR REMOD~.ING AND CONSTRUCTION OF A 5,~00 SQUARE FOOT EXPANSION TO THE EXIST~G HOSPITAL BI~.BI~G Re~olufion No. 96- 285 i. The Aspen Valley Hospital Disu-ict, hereinafter "Applic--C, has applied to the Boar~ of Counw. Cot. missioners of pi~dn County, Colorado, herdnaP~ "Board", for the following la~d use approvals: M~er Plm~ Amendment; and 'Essential Commurdvf Facili~ GMQS Exemption for 14,~00 square fce~ of i~e. zior :~modeling and co~on of a 5,500 sq~,~re foot exp~n~on to the existing hospital buildf~g. 2. Sp~cificMly, the applicant proposes to amend their ~ Plan to include an ~ansion of approximately 5,~04 squm'~ fec~ in addi~ons ~nd 14,500 squar~ feet k~ r~modeling to the ~/s~ing hospital building, which contains 64,616 squm'~ feet. The addifiozmt sqzmre footage will m:commodat¢ m expamded e~e~gemcy room, a new operaling room and expanded lab, and a new physical therapy wing to allow an expanded, in-hosPital program. ~0/~5/~996 0[:~5P PG I OF 6 REC ~DOC couNT'( c~ERK & RECORDER 0.00 NOT 12/24/2003 09:54~ The applic=~' pm. ecl ~ zoxx~ PUBLIC ~nd c~mins =plm'O'~"*~' 19 4. Said. F~-c¢l ~s lo,-~i at 0401 Ca~e cr~k Roat~, mot= speci~,'~11y dnmct'b~-~t 5. Thc BOCC h~s approved Resolution Nos. g?-~l, $%t21, 89-79, 91-I 19, 91- 144, 92-t 1, and 92-379 with respect to Hospital land use w~i~ts ~ 1987. 6. Th~' Pta,~ning n,~d Zoning Commission he~'d this a:ppli~rlon at their "-- '~u~rIy scheduled meedngs on nugus~ 6 a~ tS, 1996 a=d recommencl~ condi~ionai approval to th~ Board- 7. The Board heard dais application at r~_,Inr m~ings on .august 28 and September 24, 1996 and at a Special Meeting on Seiximab~r 30, 1996, ~t which ~me evidence and testknony was presented with nmpect to th~ appli,~.'om 8. The Board find~ that the Applic.~ut h~ complied with applicable Land Use Code crhe=ia. NOW, TH~,REFORF. BE IT RESOLVED by ~he Board ~ ii does hereby gram approval of the proposed Mzsmr Plan Amendment ~d Growth ~emI Exemption rn the Aspen Valley Hospital subject m the following e. omdi~i, ous~ 1. Thc Applicon stroll ~me~ tn all ~ m.p~m~om made in th~ applicmion and in the public 2. Prior to Lss,,~nce of a build~,~g permit, fl~ applicant shall pwvide thc f°ll°wing: a. A revised tr~¢ gencration amalysis which will be 'r~vi~'ed and appwved by thc County Engineer, 0 Pa~e 3 Payment of a pro-rata sha~ for improvements to the Castle Cp~k Road and affected intersections (as cletemained by the County Engine~), inct,,ai,,g bm not llmlmd ta the Maroon Czeek Road/Highway 82 intemection; Said ,h~,re ~h~ll be based oa the tra~c gener~iun malysis approved by the Cone/y Eagineeg, A fh~tive dust control plan and an air q-211t7 mitigation plan approved by the Environmental Health Department; The air q~llty mitig~ion plaa ,h~ll stipulate at a ~llnlrn~tm ti~ the applicant shall: 1) woffi with the Highlands and thc School District to ctmte a new bus stop ~ tl~ Highway g2/Maroon/Castle into-section that would allow up md ~oval ~ valley buses to stop and be intercepted by vans from each of the entities - in order to make RFTA more a:cessible to those traveling to and from Castle and Mamun C~cek reads; and 2) provide incentives to employees to encore-age bus ridembip, including discounted bus passes;, und 3) provfde incentives for employees to car-pool; and 4) continue to assist the Cotmty/City in the plowing of the cur~nt bike path on .- l-I_o~ital property; ad ~' provide company bicycles for those ~mptcyees neediu~ to nm errands during thc day. cL A staging plan indentifying parking for construction and hospital employees; construction tr~c plato and location for topsoil storage and identification of ~on for soil which may be removed from the hospital site. Said plan be approved by the County Engineer. A revised Landscaping Plan, identifying plant material by genus and species, and idon~fying height and/or caliper. Said plan ~h,ll also address weed control. irrigation, and be approved by Land M.u~iement- Financial security in a form accapmbl¢ to the County Attorney ~h,ll be provided by thc applicant to ensure the success of the landscaping identified on the r~corded landscaping plan. A cost esdmae for landscaping ~11 be proVided by the applicant prior to is.~,~-c¢ of a builal-g permit. A lerner from thc Aapen Water Dcpa~uuent co-~iug thMr willlngn~s to serve thc additio-~l development. The applican~ shall comply with all Water Dapa~uuent rc-qulrements for up.m-ading service. The applicaut ~11 also provid~ a let~r cord~rraing that they have adequate wamr fights to use ditch water m irrigate proposed landscaping. If water is not available via ditch rights, the applicant sb~t~ provide documentation that an altcrn_.tiv¢ water source has been obtained for imdgation purposes. An updated Water Service Agreement from the City of Aspen, tmless the applicant provides a letter fi-om thc CityAttomey co,~rmlug that no such update is r~quirc~ A letter ~om Aspen Consolidated Sanitation Disu'ict co,6r~iug ~ all their requiremcnta have been met and co,.6rming that concerns r~garding poll.u .rants in thc AVH collection system have been adequately addressed by thc Hospital. O APPROVED ~ ADOPTED ON TIlE 23RD 'DAY OI: OCTOBI~t, 1996. BOAI~ OF OF prrKIN cotr~rY, COLORADO ~rk APPROVED AS TO FORM: APPROVED AS TO COI~'E~IT: County Attorney Cindy Hoube~ Com~nnlty Development Director PID~ 2735-123-00-'011 Case # P74-96 9eginning a= a .uoin= w~i=~ is 'r.b.e curner ¢=mm~n ~ Sec'-ions Li, I/, !~, and 14, T.I0 5., R.S~W., fi~ ~.H.; ! 7. .""~anca 5. I ~e~;innin~. Thence N. O0'~Z~'O0" E.. 2. T~mnce R. 03'00'00" W. 12!1.74 3. ~enca g. S7'07'00" E. 3ZZ.g7 feet: '4. ~6nca 5. 21'~2'00" E, ~4.98 5. ~=a 5. 21'2~'00" E. 1259~11 --~=nc~ $. T~'00'00" W. 809.25 2~'00'00" ~. 5~.80 feet -~a---=e! C, as des==~-hed above, cun:ains %9.102 a~ms il ! II ! EXHIBIT "D" RESOLUTION OF TIIE BOARD OF COUNTY COM~1,~SlONF. J~ OF PITKIN COUNTY, COLORADO, AMENDING ~ CONDITIONS OF RESOLUTION NO. 96-285 REGARDING TIlE ALLOWED SQUARE FOOTAGE FOR AN EXPANSION OF ASPEN VALLEY HOSPITAL RESOLUTION NO. 97-~L 1. Aspen Valley Hospital, hereinafter," ' "h~ ' ' ~ ' Apphcan! - reques~l admmoouut~ve approval for a Minor AmeNdment to a Development Permit for a clarification to an approved Master PI~ amendment which allowed for a hospital expansion 2. The Co~mmunity Development Di~ctor ~ det~-,;-ed that th;s Minor Amendment should be reviewed and approved by the Board of County Commissioners. 3. Evidence and testimony were presemed to the Board with respect to the requested Minor .~mendment at a public meeting on April 23, 1997. 4. the Board determined that the proposed activities meet the applicable criteria in the Land Use code, provided the conditions listed in th;e resolution are ,rlhered ~o. NOW, TWr~REFORE, BE IT RESOLVED by the Board of County Commissione~ of Pitkin County, Colorado, that it does hereby grant Aspen Valley Hospital approval for a Minor Amendment to a Development Permit to construct 3,782' square feet of basement storage space in addition to 5,604 SCltm~ feet of'above ground space approved by Resolution No.. 96-285 subject io the following conditions: 1. The applicant shall adhere to the conditions of all previous approvals for the site h2cluding BOCC Resolution No. 96-285 unless revised, and/or supplemented by this document. 2. The Hospital expansion approved by Resolution No. 96-285 ~h.~! be for 5,604 square feet instead of 5,504 square feet. 3. This expansion may include 3,782. square feet of basement "cold storage" as represented on the plans submitted by the applicant in the Master Plan Amendment document of June 14,1996. This storage space will not require mitigation. Any change of use of this space will be subject to Courtly review and approval. Change in use may require mitigatiun of new impacts. 4. All material represemations made by the applicant in the application shall be adhered to and considered conditions of approval Unless amended by other conditions. I Illlll Ill lille IIIil Ililll Iil Iiiilll Iii III!! iii Ill 484232 ~1~811~ ~l~ II~g~JT. ION 1 of 3 I B.~ D e.~ H e.~ PZ?K'IH C~ ~ ~'~ ~'~R~solution No. 97-.~ Pag~ 2 page: 25 of 31 !.2/24/2003 09:54R APPROVED AND ADOPTED on thc 23rd day of Ap~'il, 1997. PUBLISHED AFI'~. ADOPTION IN ~ ,aDIT~ON OF TFF~ ASPgN TIIv'~S ON THE .l...~.~DAY OF ~ ~ 1997, A'I-I'KST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ~¢tte Jol:l~g, ~'~Deputy County Clerk APPROVED AS TO FORM: John Ely, ~ County Attorney APPROVED AS TO CO~: Cindy Hoube~, Community Development Director avhminrs.doc RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF piTKIN COUNTY, COLORADO GRANTING APPROVAL TO THE ASPEN VALLEY HOSPITAL MASTER PLAN AIVIENDMENT, GMQS EXEMPTION, SPECIAL REVIEW AND 1041 HAZARD p. om on No. 1. The-Aspen Valley Hospital Dislxict, hc~ix~ter, -Applicant", has applied to the Board of County Comralssione~s of Pitkin County, Colorado, hereinafter, "Board", for the following land usc approvals: · Master Plan Amendment; and · GMQS Exemption for aMedical Office Building;. and . ' and · GMQS Exemption for Affordable Housing Umts and Semor Homing Units; · Special Review for the proposed Office Use in the Public Zone District; and · 1041 Review for encroaclxment on slopes excee~'ti"~ i 5% in grade' 2. Specifically, the applicant proposes to amend their Mas~ar Plan to include a 22,778 square foot medical office building with 17,970 square feet of underground parking, a 1,205 square foot detox facility, 12 units of affordable employee housing on a floor above ~he medical office facility, 10 units of senior housing to be attached to the existing Assisted Living Facility, and 7 for sale employe~ townhomes to b~ located between ~he Assisted Living facility and the Afmlnistra~or's sesidencc. This is an overall increase of 65,675 square feet to thc Hospital campus which currently totals ?0,219 square feet. Resolution No. 9'7- , . . Pegc ~ 3. The applicant's parcel ~ zoned PUBLIC and contains approximately 19 acres.. 4. Said parcel is located at 0401 Cas'de Cre~k Road, mom specifically d~eribed in Exhibit "A," attached. 5. The BOCC has approved Resolution Nos. 87-81, 87-121, ~1-119, 91-144, 92-11, 92-379, 96-285, and 97-82 with respect to Hospital land use reviews since 1987. 6. The Planning and Zoning Commission hem'd this application at reg-lady scheduled ~' mee*i-gs on February 18, May 13, and June 10, 1997, and recommended conditional approval to the Board. 7. ThE Board heard this application at a regular meeting on August 13, 1997, at which t~me evidence and testimony were presented with respect to the application. The Board finds that the Applicant has complied with applicable Land Usc Code NOW, TIqEREFORE, BE IT RESOLVED by the Board that it does hereby grant a Master Plan Amendment, C-rowth Management Exemption, Special Review and 1041 Review approval to the Aspen Valley Hospital subject to the following conditions: 1. Thc appl/cant sh.11 adhere to ell mater/al representations made in the application matetials and at public meetings. 2. Prior to issuance of a building permit, the applicant shall provide the following: · Payment of a pro-rata share for improvements to Castle Creek Road a~d affected intersections as determined by the County Engineer, including but not llmlted to thc Maroon Creek Road/Castle Creek Road/Highway 82' intersection. Said sham shall be based on the tr~ff~¢ generation analysis approved by the County Ev~neer; · Payment of a pro-rata share for improvements to thc Doolittle Drive ~on with Castle Creek Road, if traffic generation merits such improvements, as determined by the County Engineer. I Illlll !1111 Illlll IIIIll III IIIII!1 IIlll Ill IIIII lie lie 4167~7 e~/13/l~e8 lt:lMI RESIX.IJT! I~VIS SILVI 2 ef) 8 R e.ee O e.ee g e.ee p'tTICIN ~:OLINTY CO K~olutio" No. 97-~f AssuranCe of willingness to provide pro mm sharo of any new bus stop created at the Maroon Creek/Castle CrccW Highway 82 int~section, thc A fugitive dust control plan and an air quality mitigation plan approved by Environmental Health Department- employes; A s~aging plan identifying parking for cons~uction and hospital construction traffic plan; and location for topsoil storage and identification of destination for soil which may bc r~rnoved from th~ hospital site. Said plan shall be a roved by the County Engi~..~r.. I. PP .--~ - .~in Plan, identifying plant material by genus and species, and A r~v~.z ~anCh~r g identifying height ancVot Caliph. Said plan shall also address weed con~o[ and be approved by Land Mana$c-ment. Financial security in a form accapt~blc to the County Attorney shall be provided by the applicant to ~ tbe su~. c~ss of thee landscaping st~ll be prowded by t~ issuance of a building pcrn~ confirm~n~ thoir willingness to serve thc A le~er ~om the Aspen Water Depm~anent addition~l development The applicam shall comply with ail Wate~ Department for up~-ai~g service. The applicant shall also ixovi~ assurance that requirements - ditch water to itril~te proposed lnndsc~pmg. control sdequ~e water rights to use · they . ,o, a~ailable via ditch rights, the ~.pli..c~.nt .._sl~..f~.vi~dLC~osTentau°n thai an altema~v¢ wate~ sou~ ~,~-- Service AgI~m~t fi-om th~ City of Aspe~ unless the applicant · An ulxlated Water confirmln~ ~ no such update is r~qui~d; provides a letter from the City Attorney · A letter f~om Aspen Consolidar~xi Sanitsiion Distdc~ confirming tha~ all tbeir ~equi~rncn~s have been mci and confuming that conc~s t.c-~a~cling pollutants in the coliecfiun system have b~n adequately add~sed by the Hospital AVH affordable 'housing units, to be approved by the Housing Office; · Floor plans for · ' Number and Category of units shall be ad~qua~ W mitig~ affo~lablc r~quir~enis r~lative to new deve!opmant appwved as par~ of this application (as deta-mined by the Housin~ Board); and/or addiUunal mitigation shall be provided in a form to be aplxoved by the Board of County Co_mmlssioners. lhior to iss,_,snce of a c~ificat¢ of occupancy for the office building and/or affoniable housing units, deed ~smcUons mr m~ ~- ......... the Housi~ Office to qualified ~na~ts m Housing Office. Units shall be l~as~d by the ~wn~ ~l~t the}' ~-main tmoccopied for 30 clays or mo~e. . · A drain~¢ and ~rosiun conlrol planwhich meets tl~ apl~val oftbe County Engm~. r recording. Said map(s) shall ~dentify .... 1~ --- - ,'--cindino Exhibits fo ....... ' ~ ~ hasing, those us~s developm¢ ~, P A m-vised chaina~e plan additional pa~king) and us~ which az~ subject to ~ t~view. County Engineer, shall be reccrded conctu~ntly. Development shall b~ approved by the hoildin$ tmvelopes on the recorded plans. limited to the a~as identified within the 3 o~' o, R 9,0~ 0 8.99 pa~e 4 12/24/2003 Exterior materials used for thc Office Building shall blend in with the cxistin$ surrounding built and naumd =nvironmcm. Roof malerials shall be non-rgflcctivc. identified on fire rccordcd The building site(s) shall be rcvegctatcd with nalive grasses Rcvegctation shall occur landscape plan to limit ~ consumption and addi~ion~l runoff. within one growing season of project complciion. All drainage from roofs and paved areas shall be detained on-site through thc use of ch~ wells, as delineated on the ~corded drah~gc plan. Outside illumination shall comply with County lighting standards in effect at thc time of building permit issuance; Landscape lighting shall be prohibited. New development shall be limited to n~tural slopes of 30% in grade or less. Development on steeper slopes shall be subject to further review. _._..a and cert~i~d by a Colorado ~.. professional ~ui din~ found-~tions ~ ye mw~-. ..... ,- :-- ,~¢huildln~ oermit ap lication. __t ~ - ,-:---~-o shall be sUbrmttea a~ mc urn= ....... --P In the event that KFTA bus capacity is exceeded on a consistent basis during peak periods on the Castidlviaroon Creek Routes, RFTA m~7 assess thc Hospital a pro-treed share of · . · ..... -~, -eeded to tr-nspon passengers to any additional costs RFTA mcu~s to provmc cav,~.,,: ,, and from the Hospital campus during peak hours. 12 months of building permit issuance fox thc mcclical office building thc Hospital Within ~ · '--- thc Pl~g and Zoning Commission, Clean Air Board, and shall present Ior review oy . . Board of County Commissioners a Plan to implement paid parking. · All utility extensions shall be buried and occur within the act, ess roads and/or parking areas. thc applicant shall record a deed restriction which Prior to issuance of a building permit,.., w ama identified as "ope~ spa~" prohibits further development or subd~vis:on of th~ meado ttmt effect. onthe attached exhibit- Anoteshall also be placed on the master plm exhibit t°. The Medical Office Building sh~ll be owned by Aspen Valley Hospital or a non-profit corporation, controlled by thc Hospital Board. 4. The Office Building shall be occupied only by medical practitioners with hospital staff p~ivileges or non-profit, non-commercial medically oriented organizations, patients, and 10. 11. 12. 13. support staff. There shall be no pharmacy as par~ of*hi~ office building. ~5/'i,~/tg98 'I, x'fKXN ~OUNT~' ~u 4't~-~'~n4.¢ 8 R e.~ D e.~ H e,eB P /¢¢ . . . . 16. T~e a~or&tbl¢ housing town~ousc units shnl! be su~jec~ to specisl ,r~. ew by ~e Pl~i"g ~d zoning Commi~ion and the Board of County comr~;sslon~rs. SPeCial r=v/ew approval mus~ be ~ranted and ~ buildin~ permit must be !s~ .for the townhoUSes Prior to the ~anting of a Cerlificat~ of ocCUPancy for the medical office building. . . 17. Thc senior housmg units shall be subject to ~ni review ~ the Planning and Zoning Cow,-;ssion ana the hoard of COu~!C°,,,'"~ao~. ,S~ial review approv~ .must ~ tranted and the seni°r ho~§ ~ts must receive' a certilicat~ of occupancy w,h,,, 12 18. The Hospital will provide th, capital ¢ost~ for the mmtn~on tl~ facili~ Of &tox and will vide th~ facility to tho County rent-fr~ : BOARD OF -- COUNTY · ~ OF P~/~LORADO puette ~ones, ~ ~ Cou~ C~erk Resolution I AI~PROVED AS TO FORM: APPROVED AS TO CONTENT: John Ely, Conununity Development Director ~ Cindy Houben, County Attorney PID# 2735-1~-00-011 Case # F74-96 /avh/bcrs8132 Page: 31 of 31 12/24/2003 0g:54R BILVIA DAVIS PITKIN COUNTY ¢0 R 156.00 D 0.00