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ORDINANCE NO. 29
(SERIES OF 2005)
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AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL GRANTING
SUBDIVISION APPROVAL, ALLOCATING ONE FREE-MARKET
RESIDENTIAL DEVELOPMENT RIGHT,AND ALLOCATING THREE
AFFORDABLE HOUSING DEVELOPMENT RIGHTS TO THE MAIN AND
GALENA BUILDING PROPOSAL, AS MIXED-USE BUILDING TO BE
LOCATED ON THE NORTHWEST CORNER OF GALENA AND MAIN
STREETS, 426 EAST MAIN STREET , LEGALLY DESCRIBED AS
UNIT lA GALENA PLAZA CONDOMINIUMS, CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
Parcel No. 2737.073.22.015
WHEREAS, the Community Development Department received an application
(the Project) from Millenniwn Plaza, LLC, for the redevelopment of a commercial
building into a mixed-use building to contain commercial and residential units;
WHEREAS, the Property is located at 426 East Main Street and is legally
described as Unit lA of the Galena Plaza Condominiums as shown on the plat thereof
recorded in Book 49 at Page 82 of the Pitkin County Clerk and Recorder; and,
WHEREAS, pursuant to Sections 26.304 and 26.470 of the City of Aspen Land
Use Code, land use applications requesting allotments from the Growth Management
Quota System are reviewed and scored by the Aspen Planning and Zoning Commission
at a duly noticed public hearing after considering recommendations by the Community
Development Director, and members of the general public. The scoring and
recommendation is then forwarded to the Aspen City Council and development
allotments may then be allocated by Ordinance by the Aspen City Council at a duly
noticed public hearing after considering recommendations by the Community
Development Director, and members of the general public; and,
WHEREAS, pursuant to Sections 26.304, 26.710.140, 26.430, 26.515, 26.480,
and 26.410 of the City of Aspen Land Use Code, land use applications requesting
subdivision, special reviews, and residential design standards waivers are reviewed by the
Aspen Planning and Zoning Commission at a duly noticed public hearing after
considering recommendations by the Community Development Director, and members of
the general public. The Commission may approve, approve with conditions, or deny the
special review requests and the residential design standards waivers and may recommend
to City Council approval, approval with conditions or denial of the subdivision request;
and,
WHEREAS, the Fire Marshal, Aspen Consolidated Sanitation District, the City
Water Department, City Engineering, the City Parking Department, the City
Transportation Department, the City Zoning Officer, City Parks Department, the Aspen
Building Department, the Enviromnental Health Department, and the Community
Development Department reviewed the proposal and recommended approval with
conditions; and,
Ordinance No. 29,
Series 01'2005. Page I
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JANICE K vas Ci=lUDILL PITKIN COUNTY CO R 51.00
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WHEREAS, during a duly noticed public hearing on May 5, 2005, the Aspen
Planning and Zoning Commission considered the noted recommendations and testimony
offered by the general public, considered the project for initial and final scoring (score
summary attached as Exhibit A), found the proposal meeting or exceeding the necessary
scoring, and approved, via Planning and Zoning Commission Resolution No. 17, Series
of 2005, the Special Review for affordable housing parking, the Special Review of
commercial parking via a cash-in-Iieu payment, the waiver of Residential Design
Standards and recommended, via Planning and Zoning Commission Resolution No. 17,
Series of 2005, City Council allocation of one free-market residential development right,
three affordable housing development rights, and subdivision approval for a mixed-use
commercial and residential building to be developed on the northwest comer of Main and
Galena Streets, 426 East Main Street, Unit I A of the Galena Plaza Condominiums,
subject to the conditions of approval listed herein; and,
WHEREAS, the Aspen City Council has reviewed and considered the application
according to the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Community Development Director, the
Planning and Zoning Commission, and has taken and considered public comment at a public
hearing; and,
WHEREAS, the City Council finds the application meeting or exceeding all
applicable standards of the land use code of the City of Aspen Municipal Code and that the
approval of the proposal is consistent with the goals and elements of the Aspen Area
Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO as follows:
Subdivision approval for the development a multi-family units, three affordable housing
growth management allotments, and one free-market residential allotment are hereby
granted for the redevelopment of the two-floor (one floor is subgrade) commercial building
at the northwest comer of Galena and Main Streets into a four-floor (one floor is subgrade)
building containing commercial and residential uses, subject to the following conditions and
requirements:
Section 1: Parkin!!: Miti!!:ation Payment
The Project Developer shall make a one-time monetary mitigation payment to the City of
Aspen in the amount of $105,000 for the mitigation of seven (7) parking spaces - 5
residential and 2 commercial. The contribution shall be payable prior to issuance of a
Building Permit for the Project. The Planning and Zoning Commission encourages the
Aspen City Council to allocate all of this payment to the Roaring Fork Vehicles car-
sharing program.
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Section 2: Downtown ImDrovement Contribution
The Project Developer shall make a one-time monetary mitigation payment to the City of
Aspen in the amount of $10,000 for pedestrian oriented improvements to the commercial
Ordinance No. 29,
Series 01'2005. Page 2
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J1=INICE K VOS CAUDILL PITKIN COUNTY CO R 51.00 D 0.00
core as recommended by the City's Downtown Catalyst or the City Manager. The
contribution shall be payable prior to issuance of a Building Permit for the Project.
Section 3: ASDen Recreation Center Contribution
The Project Developer shall make a one-time monetary mitigation payment to the City of
Aspen in the amount of $7,000 for recreation programs and facilities of the Aspen
Recreation Center as recommended by the Manager of Parks and Recreation. The
contribution shall be payable prior to issuance of a Building Permit for the Project.
Section 4: Roarinl!: Fork Transportation Authority Contribution
The Project Developer shall make a one-time monetary mitigation payment to the City of
Aspen in the amount of $5,000 to be transferred to the Roaring Fork Transportation
Authority for transit improvements within the Roaring Fork Valley. The contribution
shall be payable prior to issuance of a Building Permit for the Project.
Section 5: ASDen Historical Society Contribution
The Project Developer shall make a one-time monetary mitigation payment to the City of
Aspen in the amount of $5,000 to be transferred to the Aspen Historical Society. The
contribution shall be payable prior to issuance of a Building Permit for the Project.
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Section 6: Car Share Prol!:ram Contribution
The Project Developer shall make a one-time monetary contribution to Roaring Fork
Vehicles - a car-sharing business associated with the City of Aspen - in the amount of
$20,000. The contribution shall be payable prior to issuance of a Building Permit for the
Project. This contribution was voluntarily offered by the applicant, as a means of
mitigating residential parking needs.
Section 7: Construction Stal!:inl!: and Police/SheriffParkinl!:
The Project Developer shall work with the City of Aspen Police Chief and the Pitkin County
Sheriff regarding temporary parking for emergency vehicles and the location of construction
materials/equipment for the period of construction. An agreement between these parties
shall be recorded as part of the Subdivision Improvement Agreement. City Community
Development staff can facilitate/moderate meetings and mediate any unresolved issues as
necessary.
Section 8: Residential Desil!:D Standards
The following Residential Design Standards shall not apply to this Project: "Secondary
Mass," "Covered Porch," and "First Story Element." The Project has been found in
compliance with the remaining Residential Design Standards and the remaining standards
shall be applicable to this Project.
Section 9: Affordable Housinl!: Units
The Project shall include one (I) studio affordable housing unit and two (2) two-bedroom
affordable housing units. The affordable housing units shall be deed-restricted as
Category 2 rental units and a legal instrument permanently ensuring their affordable
status acceptable to the City Attorney shall be provided. The City shall accept a nominal
property interest (1/10 of I percent undivided interest) or other reasonable means of
Ordinance No. 29,
Series 01'2005. Page 3
assurance. If this standard cannot be met, the units shall be transferred as "for-sale" units
pursuant to the Aspen/Pitkin County Housing Authority Guidelines.
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Residents of the affordable housing units shall meet the minimum occupancy and all
other qualification criteria in the APCHA Guidelines, as amended. The rental rates of the
affordable units shall not exceed a maximwn rental rate of Category 2 as such rates are
defined in the APCHA Guidelines, as amended from time to time. Rental tenants shall be
qualified by the APCHA.
Section 10: ImDact and Dedication in-Lieu Fees
Park Imvact Fees of $10,604 shall be assessed upon issuance of a Building Permit and
allocated by the City for improvements to City Parks. Amendments to the project shall
incorporate an amendment to this fee according to the following schedule.
For each studio unit - $1,520
For each one-bedroom unit - $2,120
For each two-bedroom unit - $2,725
For each three- or four-bedroom unit - $3,634
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School Land Dedication Fees are assessed based on one-third the value of the
unimproved land divided by the proposed nwnber 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 $224,675 from information from the Pitkin County Assessor. This represents
$44.89 per square foot of land. One-third of this value divided by the proposed 4 new
units results in a $3.74 per square foot 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 Land Dedication Fees are required according to the following schedule, payable
at building permit issuance:
Unit size 1/3 land Land Per unit fee Units Total
value per Dedication
unit sq. ft. standard (sq.
ft.)
Studio/One $3.74 52 $194.48 I $194.48
bedroom
Two Bedroom $3.74 416 $1,555.84 2 $3,111.68
Three $3.74 707 $2,644.18 I $2,644.18
Bedroom
Total: 5,950.34
Amendments to the project shall include an adjustment to this fee according to the above
calculation methodology and schedule.
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Ordinance No. 29,
Series 01'2005. Page 4
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Section 11: Trees and Ril!:ht-of-Wav Improvements
The Project Developer shall either relocate the three eXlstmg on-site trees to a new
location acceptable to the City of Aspen Parks Department or remove the trees and pay a
tree removal mitigation fee according to the valuation schedule below. Relocating the
trees can either be organized by the Project developer in coordination with the City Parks
Department or performed by the City Parks Department and billed to the Project
Developer.
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.
Tree Caliper Inch: Number of trees: Valuation/tree: Total:
12 1 $4,069.44 $4,069.44
13 2 $4,775.94 $9,551.88
Total: $13,621.32
The existing street trees within the Main Street right-of-way shall be protected during the
entire construction process. No storage of materials shall occur within the drip lines of
these trees. The Subdivision agreement shall include provisions to protect the Main
Street trees.
Section 12: Sidewalk Closures
Proper signage and barriers shall be used during periods of construction necessitating the
closure of sidewalks surrounding the Project.
"'"--..
Section 13: Water DeDartment Requirements
A separate water meter will be needed for each residence. There shall be a shared water
service agreement with each owner. An additional tap for landscaping is required.
Section 14: Sanitation District Requirements
I. The total connection fees must be paid prior to building permit issuance.
2. The elevator shaft cannot drain to the sanitary sewer unless there is an oil/sand separator.
3. It is recommended that the Applicant install a grease trap for the commercial space to
allow food service occupant.
4. The sewer service should connect to the sewer in the alley.
Section 15: PMlO Mitil!:ation and TransDortation ODtions Prol!:ram
The City of Aspen considers the following elements of the project as mitigating the potential
increases in pm 10: the Project's proximity to downtown, proximity to transit services,
existing pedestrian connections and trails, no additional on-site parking, and a monetary
contribution to the car-share program.
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.
Ordinance No. 29,
Series 01'2005. Page 5
JRNICE K vas CAUDILL PITKIN COUNTY CO R 51.00
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Section 16: Subdivision Plat
Within 180 days after final approval by City Council and prior to applying for a Building
Permit, the applicant shall record a Subdivision Plat. The Subdivision Plat shall comply
with current requirements of the City Community Development Engineer. The following
items shall also be depicted:
1. Any easements and signature blocks for utility mains not administered by the City of
Aspen.
I. A utility plan meeting the standards of the City Engineer and City utility agencies.
The City Water Department prefers one fire tap and one domestic service tap with
subsequent branch lines to serve individual buildings and residences.
2. A drainage plan depicting roof and surface drainage and how it will be connected to
the City's storm drainage system.
3. A right-of-way improvement plan acceptable to the City Parks Department showing
the design concept for the sidewalk pavers, bike rack including installation technique
which protects the existing cottonwood trees, and protection and irrigation of the
cottonwood trees.
4. 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 permit.
Section 17: Subdivision Al!:reement
Within 180 days after final approval by City Council and prior to applying for Building
Permit, the applicant shall record a Subdivision Agreement binding this property to this
development approval. The Agreement shall include the necessary items detailed in
Section 26.445.070, in addition to the following:
I. An agreement with the Police Chief and the Sheriff regarding parking of emergency
vehicles during construction and a notification procedure for relocating parking as
needed.
Section 18: Buildinl!: Permit Requirements
The building permit application shall include/depict:
1. A letter from the primary contractor stating that the approving Ordinance and
Subdivision Improvement Agreement has been read and understood. The contractor
shall specifically state an understanding of the Construction Staging and
Police/Sheriff Parking agreement.
2. A signed copy of the final Ordinance and Subdivision Improvement Agreement
granting land use approval.
3. A construction management and parking plan meeting the specifications of the City
Building Department.
4. Compliance with Accessibility requirements, including an accessible route to the
trash area.
Ordinance No. 29,
Series of 2005. Page 6
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JRNICE K VOS CRUDILL PITKIN COUNTY CO R 51.00
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5. A construction staging plan showing areas for material storage, contractor parking,
and showing how the Main Street trees will be fenced-off and protected during
construction.
6. A fugitive dust control plan approved by the Enviromnental Health Department.
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 information for on-site project management to address construction
impacts to: The City of Aspen, Pitkin County, the Building Manager of the US
Bank Building, and the Galena Lofts Homeowners Association.
7. A fire suppression plan acceptable to the Fire Marshall, including the standpipe.
8. Compliance with the specifications and requirements of the Aspen Consolidated
Sanitation District.
9. Prior to issuance of the Building Permit, all impact fees, cash-in-lieu fees, and
monetary contributions, as specified herein, shall be paid. .
Section 19: Ground Floor Office Space
The non-conforming office space on the ground level of the building shall not be considered
"abandoned or discontinued," as such terms are used in Section 26.312.020 of the Land Use
Code, during the time period between issuance of a Building Permit and the issuance of a
Certificate of Occupancy for the building and this construction time period shall not be used
in the computation of discontinued use when considering the ability to reestablish an office
use within this space.
...
Section 20: Historic Preservation Commission ADDrovals Required
Final Development Plan approval by the Historic Preservation Commission must be
obtained prior to issuance of a Building Permit for the Project.
Section 21 : Vested Ril!:hts
The development approvals granted herein shall constitute a site-specific development plan
vested for a period of three (3) years from the date of issuance of a development order.
However, any failure to abide by any of the terms and conditions attendant to this
approval shall result in the forfeiture of said vested property rights. Unless otherwise
exempted or extended, failure to properly record all plats and agreements required to be
recorded, as specified herein, within 180 days of the effective date of the development
order shall also result in the forfeiture of said vested property rights and shall render the
development order void within the meaning of Section 26.104.050 (Void permits).
Zoning that is not part of the approved site-specific development plan shall not result in
the creation of a vested property right.
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No later than fourteen (14) days following final approval of all requisite reviews necessary
to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be
published in a newspaper of general circulation within the jurisdictional boundaries of the
City of Aspen, a notice advising the general public of the approval of a site specific
development plan and creation of a vested property right pursuant to this Title. Such notice
shall be substantially in the following form:
Ordinance No. 29,
Series of 2005. Page 7
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JRNICE K VOS CRUDILL PITKIN COUNTY CO R 51,00 0 0.00
"
Notice is hereby given to the general public of the approval of a site specific
development plan, and the creation of a vested property right, valid for a period of three
(3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68,
Colorado Revised Statutes, pertaining to the following described property: Unit lA
Galena Plaza Condominiwns.
Nothing in this approval shall exempt the development order from subsequent reviews
and approvals required by this approval of the general rules, regulations and ordinances
or the City of Aspen provided that such reviews and approvals are not inconsistent with
this approval.
The approval granted hereby shall be subject to all rights of referendum and judicial
review; the period of time permitted by law for the exercise of such rights shall not begin
to run until the date of publication of the notice of final development approval as required
under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the
Colorado Constitution and the Aspen Home Rule Charter.
Section 22:
All material representations and commitments made by the developer pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Community Development Department, the Aspen
Planning and Zoning Commission, 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.
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Section 23:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 24:
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 25:
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this
Ordinance in the office of the Pitkin County Clerk and Recorder.
Section 26:
A public hearing on the Ordinance shall be held on the 25th day of May, 2005, at 5:00 in the
City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which
hearing a public notice of the same shall be published in a newspaper of general circulation
within the City of Aspen.
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Ordinance No. 29,
Series 01'2005. Page 8
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Section 27:
This ordinance shall become effective thirty (30) days following final adoption.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 9tl1 day of May, 2005.
Attest:
FINALLY, adopted, passed and approved thi~3Iay Of~, ~
Attest:
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Approved as to form:
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JOn. 0 c ster, City Attorney
Attachment A - Summary of GMQS Scoring
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Hendon C:lhomelCurrent PlanningICASESIGalena-MainIOrdinance.doc
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Ordinance No. 29,
Series 01'2005. Page 9
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SUBDIVISION AGREEMENT FOR
MAIN AND GALENA BUILDING
426 EAST MAIN STREET
Parcel No. 2737-073-22-015
THIS AGREEMENT is made this ~ day of M..... ,2006 between
MILLENNIUM PLAZA LLC, (hereinafter "Owner") and TJlIE CITY OF ASPEN,
a municipal corporation (hereinafter the "City").
WHEREAS, Owner owns the property located at 426 East Main
Street which is legally described as Unit 1A of the Galena Plaza
Condominiums as shown on the plat recorded in Book 49 at Page 82 of
the Pitkin County Clerk and Recorder (hereinafter "the Property");
and
WHEREAS, pursuant to City of Aspen Planning and Zoning
Commission (hereinafter "the Commission") Resolution No. 17, Series
of 2005, the Commission granted Special Review approval for
affordable housing parking and commercial parking via cash-in-lieu
to the Main and Galena Building (hereinafter "the Project"); and
WHEREAS, pursuant to Ordinance No. 29, Series of 2005, the
City granted Subdivision approval, allocated one free-market
residential development right and three affordable housing
development rights to a mixed use building to be located on the
property; and
WHEREAS, Owner has submitted to the City for review a
subdivision exemption plat for the project (hereinafter the "Plat")
and the City agrees to review the Plat at Owner's expense on the
agreement of the Owner to the matters described herein, subject to
the provision of the Municipal Code of the city of Aspen
(hereinafter the "Code") and other applicable rules and
regulations; and
WHEREAS, the City and the Owner wish to enter into a
Subdivision Agreement for the project, and
WHEREAS, the Owner is willing to enter into such agreement
with the City and to provide assurances to the City; and
NOW,
contained
agreed as
THEREFORE,
herein, and
follows:
in consideration of the mutual covenants
the review of the plat by the City, it is
1
1. Description of Project. The mixed use structure on the
property shall contain; one free-market residential unit on the
third floor; three affordable housing units on the second floor;
office and retail space on the first floor; and sub-grade storage
space.
2. Development Requirements. The following development
requirements will be satisfied by Owner pursuant to Commission
Resolution No. 17, Series of 2005 and Ordinance No. 29, Series of
2005.
a. Parking Mitigation Payment
The Owner shall make a one-time monetary mitigation payment to
the City of Aspen in the amount of $ 105,000 for the
mitigation of seven (7) parking spaces - five (5) residential
and two (s) commercial. The contribution shall be payable
prior to the issuance of a Building Permit for the Project.
b. Downtown Improvment Contribution
The Owner shall make a one-time monetary mitigation payment to
the City of Aspen in the amount of $ 10,000 for pedestrian
oriented improvements to the commercial core as recommended by
the City's Downtown Catalyst or the City Manager. The
contribution shall be payable prior to the issuance of a
Building Permit for the Project.
c. Aspen Recreation Center Contribution
The Owner shall make a one-time monetary mitigation payment to
the City of Aspen in the amount of $ 7,000 for recreation
programs and facilities of the Aspen Recreation Center as
recommended by the Manager of Parks and Recreation. The
contribution shall be payable prior to issuance of a Building
Permit for the Project.
d. Roaring Fork Transporation Authority Contribution
The Owner shall make a one-time monetary mitigation payment to
the City of Aspen in the amount of $ 5,000 to be transferred
to the Roaring Fork Transporation Authority for transit
improvements in the Roaring Fork Valley. The contribution
shall be payable prior to issuance of a Building Permit for
the Project.
e. Aspen Historical Society Contribution
The Owner shall make a one-time monetary mitigation payment to
the City of Aspen in the amount of $ 5,000 to be transferred
to the Aspen Historical Society. The contribution shall be
payable prior to issuance of a Building Permit for the
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f. Car Share Program Contribution
The Owner shall make a one-time monetary mitigation payment to
Roaring Fork Vehicles - a car-sharing business associated with
the City of Aspen in the amount of $ 20,000. The
contribution shall be payable prior to issuance of a Building
Permit for the Project. The contribution was voluntarily
offered by the Owner, as a means of mitigating residential
parking needs.
g. Construction Staging and police/Sheriff Parking
The Owner and the City of Aspen Police Chief and the pitkin
County Sheriff have reached an agreement regarding parking for
emergency vehicles and the location of construction
materials/equipment for the construction period. The
Agreement is attached as Exhibit A.
h. Affordable Housing Units
The project shall include one (1) studio affordable housing
unit and two (2) two-bedroom affordable housing units. The
affordable housing units shall be deed-restricted as Category
2 rental units and a legal instrument permanently ensuring
there affordable status acceptable to the City Attorney shall
be provided. Prior to the recordation of a Condominium Plat
for the property the Owner shall grant to the City Shall a
nominal property interest (1/10 of 1 percent undivided
interest) or other reasonable means of assurance). If this
standard cannot be met, the units shall be transferred as
"for-sale" units pursuant to the Aspen/Pitkin County Housing
Authority Guidelines.
Residents of the affordable housing units shall meet the
minimum occupancy and all other qualification criteria in the
APCHA Guidelines, as amended. The rental rates of the
affordable units shall not exceed a maximum rental rate of
Category 2 as such rates are defined in the APCHA Guidelines,
as amended from time to time. The Owner shall be able to
select rental tenants qualified by the APCHA.
i. Park Impact Fees.
Owner shall pay a $ 10,604 Park Impact Fee upon issuance of a
building permit. Project amendments, if any, shall
incorporate an amendment to this fee according to the
following schedule.
For each studio unit - $ 1,520
For each one-bedroom unit - $ 2,120
3
For each two-bedroom unit - $ 2,725
For each three- or four-bedroom unit $ 3,634
j. School Land Dedication Fees.
Owner shall pay school land dedication fees 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 has verified the unimproved land value of the lands
underlying the Project to be $ 224,675 from information from
the pitkin County Assessor. This represents $ 44.89 per
square foot of land. One-third of this value divided by the
proposed four new units results in a $ 3.74 per square foot
standard for calculating the land dedication fee. The City
found that the property is not conducive to locating a school
facility and a cash-in-lieu payment shall be accepted.
School Land Dedication Fees are required according to the
following schedule, payable at building permit issuance:
unit
Size
1/3 Land
value
unit sf
Land
Dedication
standard sf
Per
unit
fee
Units
Total
-------------------------------------------------------------
-------------------------------------------------------------
Studio
l/Bdr $3.74 52 $194.48 1 $ 194.48
2 Bdr. $3.74 416 $1,555.84 2 $ 3, 111. 68
3 Bdr. $3.74 707 $2,644.18 1 $ 2,644.18
Total $ 5,950.34
Amendments to the project shall
fee according to the above
schedule.
include an adjustment to this
calculation methodology and
k. Trees and Right-of-Way Improvments.
The Owner shall either relocate the three existing on-site
trees to a new location acceptable to the City of Aspen Parks
Department or remove the trees and pay a tree removal
mitigation fee according to the valuation schedule below.
Relocating the trees can either be organized by the Owner in
coordination with the City Parks Department or performed by
the City Parks Department and billed to the Owner.
Tree removal mitigation shall be based upon the valuation of
existing trees to be removed. Following is a summary of the
4
111111111111I111 111111 :;~;:~:;~ ~~: 33P
JRNICE K VOS CRUDILL PITKIN COUNTY CO R 56.00 0 0.00
existing trees to be removed and their valuation.
Tree Caliper Inch
Number of Trees Valuation/Tree
Total
12
13
1
2
$ 4,069
$ 4,775
$ 4,069.44
$ 9,551.88
$13,621.32
Total
The existing trees within the Main Street right-of-way shall
be protected during the entire construction process. No
storage of materials shall occur within the drip lines of
these trees.
The Owner shall make improvements to
building for the benefit of the public.
cost projections are listed below.
the outside of the
The improvements and
Total
$ 1,350.00
$ 2,200.00
$ 2,275.00
$ 3,520.00
$ 1,475.00
$ 5,405.00
$16,225.00
Bicycle Rack
Irrigation
15" Buff Flagstone
Replace Sod by Sidewalk
Benches 2 @ $ 1,500 each
Sidewalk Repairs 800 sf
1. Sidewalk Closures.
Adequate barriers and signs shall be utilized during
construction when necessary to close sidewalks.
m. Water Department Requirements
A separate water meter will be utilized for each dwelling
unit. There shall be a shared water service agreement with
each owner of the dwelling units.
o. Sanitation District Requirements
Owner shall pay the total connection fee prior to the issuance
of a building permit. An oil/sand separator will be required
if the elevator shaft drains to the sanitary sewer. Sewer
service shall connect to the alley to the north of the
property.
p. PM 10 Mitigation and Transporation Options Progr~
The Owner of the commercial units within the project shall
inform and encourage commercial tenants to join the City of
Aspen Transportation Options Program which offers incentives
to reduce automobile reliance.
5
,
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JI=lNICE K vas CAUDILL PITKIN COUNTY CO R 56.00 D 0.00
3. As-Built Drawings. Prior to the issuance of any
Certificates of Occupancy for the project, Owner shall submit as-
built drawings of the project showing property lines, building
footprint, easements, any encroachments, entry points for utilities
entering the property boundaries and other improvments to the
Aspen/Pitkin County GIS Department in accordance with City GIS
requirements.
4. Security for Public Improvements and Landscaping. In
order to secure the performance of the construction and
installation of the landscaping and public improvements described
above, the Owners shall provide a bond, letter of credit, cash, or
other guarantees in a form satisfactory to the City Attorney in the
sum of $ 16,225.00. Said guarantees will be delivered to the City
prior to the issuance to the Owner of a building permit for the
Project. The guarantee documents shall give the City the
unconditional right, upon clear and unequivocal default by the
Owner in its obligation to complete the public improvements to
withdraw funds against such security sufficient to complete and pay
for installation for such public improvements or Project
landscaping. When the public improvements are completed, The City
Engineer and City Parks Director shall inspect them, and upon
approval and acceptance, he or she shall authorize the release of
the agreed estimated costs of the improvements, except that ten-
percent of the estimated costs of the improvements shall be
withheld for the benefit of the City until the completion of all of
the described public improvements and the retainage for the
landscaping shall be withheld until two growing seasons following
the issuance of a certificate of occupancy for the Project. The
Owner shall require all contractors to provide a warranty to the
City that all improvments were constructed to accepted standards of
good workmanship for the installation of the public improvements
described herein for one year from the date of acceptance. In the
event that any existing municipal improvments are damaged during
the Project construction, on request by the City Engineer, a bond
or other suitable security for the repair of those municipal
improvements shall be provided by Owner to the City.
5. Colorado Common Interest Ownership Act (CCIOA). As soon
as construction of the Project allows, Owner anticipates submitting
the Project to the existing plan of condominiumization for Galena
Plaza Condominiums which was created pursuant to (CCIOA). The City
Agrees to process for recordation a subdivision exemption map
prepared in accordance with the Code. As the Owner has provided
affordable housing pursuant to the Code, the Project is exempt from
paying any Affordable Housing Impact Fees. Owner shall record an
amendment to the exiting condominium Declaration, and also amend
homeowner's association articles of incorporation and bylaws as
necessary. Maintenance of the proj ect common elements and/or
common expenses, including maintenance and repair of open space, if
any, shall be provided for in the Declaration as amended.
6
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JANICE K vas CRUDILL PITKIN COUNTY CO R 56,00 0 0.00
6. Notices. Notices to the parties shall be sent by United
States certified mail to the addresses setforth below or to any
other address which the parties may substitute in writing.
To the Owner:
Millennium Plaza LLC
Lowell Meyer
Post Office Box 1247
Aspen, Colorado 81612
With Copy to:
Gideon Kaufman
Kaufman Peterson & Dishler P.C.
315 East Hyman Avenue
Office 305
Aspen, Co. 81611
To City of Aspen:
City Manager
130 South Galena Street
Aspen, Co. 81611
with Copy to:
City Attorney
130 South Galena Street
Aspen, Co. 81611
7. Binding Effect. The provision of this agreement shall
run with and constitute a burden on the land on which the Project
is located and shall be binding on an inure to the benefit of the
Owner's and the City's successors, personal representatives and
assigns.
8. Amendment. The Agreement may be altered or amended only
by written instrument executed by the parties.
9. Severability. If any of the provisions of this Agreement
are determined to be invalid, it shall not affect the remaining
provisions hereof.
ATTEST:
a
7
11(~I~"~lt(~1111!~I(~IWll~/I~(~1'flll"II"1 ~~;~~~! ~~. 33P
o R 56.00 0 0.00
APPROVED AS TO FORM:
.~~
John wo~r, ity Attorney
OWNER:
MILLENNIUM PLAZA LLC
BY:~ ~ //
Lowell Me";:;{
Meyer.SIA
111111111111111111111111 ~~;~~~! ~~ 33P
JRNICE K vas CAUDILL PITKIN COUNTY CO R 56.00 0 0.00
8
.~hlco~~uEnt!
January 18, 2006
111111111111I111111111
524422
City of Aspen
Community Development
City Hall
130 S Galena Street.
Aspen CO, 81611
JRNICE K vas CRUDILL PITKIN COUNTY CO
Page: 9 of 11
OS/23/2006 02
R 56.00 0 0.00
33P
Re: 426 East Main Street - Parking agreement with Police Chief and Sheriff.
To Whom It May Concern:
This lelter serves as confirmation of the agreement reached with the Police and Sheriff's
Department regarding the use of the Galena Street parking spaces by emergency vehicles. It is
Silich Construction's understanding that no construction vehicles will be allowed to park in the
parking spaces used by the Police and Sheriffs Department during the construction of the new
building at 426 E Main Street. This agreement confirms that the City Engineer approved the
Construction Management Plan; Revision 2 dated January 4,2006 as submitted by Silich
Construction for this project.
In limited instances Silich Construction will apply for the appropriate permits as issued by the
City of Aspen 10 stage construction vehicles on portions of the parking spaces on Galena Street.
These encroachments will be short term and will not span over multiple days. The occupation of
the right-of-way will comply with the tenus and condilions of the permit.
Silich Construction will notify representatives of the Police- and Sheriff's Departments one week
prior to the anticipated encroachment. This notification will be confirmed twenty four hours prior
to the anticipated encroachment. On the day of the encroachment, confirmation will again be
made. The confirmation notification will take place via emait.
Signed in Pitkin County by:
~
J-~
Chief of Police
City of Aspen
c~ lJr~ltL
hn Silich,
esident,
Hch Construction Inc.
Bob Braudis
Sheriff
Pitkin County
DC::,
01 /'1 c:> {p
Date
/ - N-(k
Date
ASPEN
910,nO.2299 PilONf 9709253919 fAX 304 Soulh Galena Sl, Side B A;pen, CO 816'1
BASALT
910,927.3777 PHONE . 970.9273947 FAX [30 Park Avenue &!,all, CO 81611
VAIL
9lO.926,4465 PHON!: ' 910-926.4<169 FAX m ~dwords Viloge S:'Id, SUite M04 fdwords, CO B1632
.
.
DEVELOPMENT ORDER
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070,
"Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen
Municipal Code. This Order allows development of a site-specific development plan pursuant to
the provisions of the land use approvals, described herein. The effective date of this Order shall
also b~ the initiation date of a seven (7) -year vested property right. The vested property right
shall expire on the day after the seventh anniversary of the effective date of this Order, unless a
building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension,
reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.0 I O. After
Expiration of vested property rights, this Order shall remain in full force and effect, excluding
any growth management allotments granted pursuant to Section 26.470, but shall be subject to
any amendments to the Land Use Code adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site-specific
development plan as described below.
Property Owner's Name, Mailinl! Address and telephone nnmher:
Millennium Plaza, LLC; c/o Lowell Meyer; PO Box 1247; Aspen, CO 81611
970.925.9094.
Lel!al Description and Street Address of Suhiect Property:
426 East Main Street, Aspen, CO, 81611. Legally described as Unit IA of the Galena
Plaza Condominiums as shown on the plat thereof recorded in Book 49 at Page 82 of the
Pitkin County Clerk and Recorder.
Written Description of the Site Specific Plan and/or Attachment Describinl!: Plan:
The City Council approved a redevelopment plan consisting of a four-level mixed-use
(residential and commercial) building. One level open to a sunken courtyard. One free-
market residence, 3 affordable residences, approximately 2,100 square feet of
commercial space, and appurtenant storage and accessory space as more precisely
described in Ordinance No. 29, Series of 2005, and depicted in the land use application
on file with the City of Aspen.
Land Use Approval Received and Dates:
City Council Ordinance No. 29, Series of2005, attached, approved May 23,2005.
Effective Date of Development Order:
July 3, 2005. (Same as date of publication of notice of approval.)
Expiration Date of Development Order:
July 3, 2008. (The extension, reinstatement, exemption from expiration and revocation
may be pursued in accordance with Section 26.308.0 I 0 of the City of Aspen Municipal
Code.)
'''"CL\~ d~e 2005. bS "" C;,S of Asp," Comm",'" Dwel"me"' D'~",
Chris Bendon, AICP
Community Development Director
City of Aspen
111111111111I111111111 :;~;:~t~f 0i \3P
JRNICE K vas CRUDILL PITKIN COUNTY CO R 56.00
o 0.00
GIDEON I. KAUFMAN.
HAL S. DISHLER"
PATRICK D. MCALUSTER
LAW OFFICES OF
KAUFMAN, PETERSON & DISlll.ER, P.C.
BROOKE A. PETERSON
OF COUNSEL
. ALSO AD"'ITTIiD IN P'lARYLAND
.. AUO ADMITTED IN TEXAS
315 EAST HYMAN AVENUE. SUITE 305
ASPEN. COLORAOO 81611
TELEPHONE
(970) 915-8166
FACSIMILE
(970) 915.' 090
May 16, 2006
f:/t7'-/~
Oi!:.tc1:JI,v1lt....- 7l)
Ap~
John Worcester
Aspen City Attorney
130 South Galena
Aspen, CO 81611
Re: Check Deposit for Subdivision Agreement for Main &
Galena Building, 426 East Main Street
Dear John:
I write this letter on behalf of Millennium Plaza, LLC.
Enclosed please find their check in the amount of $16,225.00,
which is being given to you as security for public improvements
and landscaping as required in Item No. 4 of the Subdivision
Improvements Agreement for the project at 426 East Main Street.
This money will provide financial assurances that the public
improvements and landscaping work will be performed as required
in the subdivision Improvements Agreement. It is my client's
understanding that this money will be refunded upon the
completion of the public improvements and landscaping.
sincerely,
ETERSON & DISHLER, P.C.
ional Corporation
By
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MILLENIUM PLAZA LLC
P. o. BOX 1247
ASPEN. CO 81612
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