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HomeMy WebLinkAboutordinance.council.012-10RECEPTION#: 572613, 08/1372010 at 11:26:21 AM, t OF tS, R $96.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO tDINANCE N0. 12 SERIES OF 2010) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A GOWTH MANAGEMENT REVIEW, SUBDIVISION, AMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP AND FINAL PLANNED UNIT DEVELOPMENT FOR PHASE II OF THE ASPEN VALLEY HOSPITAL DISTRICT FACILITIES MASTER PLAN, LOCATED ON PARCEL C, ASPEN VALLEY HOSPITAL DISTRICT SUBDIVISION, COMMONLY DESCRIBED AS 401 CASTLE CREEK ROAD, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-121-29-809 WHEREAS, the Community Development Department received an application from the Aspen Valley Hospital District (Applicant), represented by Leslie Lamont of Lamont Planning Services, requesting approval of a Final Development Plan and associated land use reviews for a Planned Unit Development (PUD) for Phase II the Aspen Valley Hospital District Facilities Master Plan; and, WHEREAS, the Conceptual PUD approval (via Resolution No. 3, Series of 2009) conceptually approved a redeveloped and expanded multi-story hospital building and pazking garage, affordable housing and site improvements on Pazcel C of the Aspen Valley Hospital Subdivision, to be developed in four phases; and, WHEREAS, the Community Development Department received refen•al comments from the Aspen Consolidated Sanitation District, City Engineering, Fire Protection District, Pitkin County Commissioners, Environmental Health Department, Parks Department, Aspen/Pitkin County Housing Authority, the Roaring Fork Transportation Authority, the Transportation Department, and the City Utilities Department as a result of the Development Review Committee meeting; and, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the proposed Final PUD and associated land use reviews for Phase II and recommended approval with conditions; and, WHEREAS, pursuant to Section 26.445 of the Land Use Code, .Final PUD approval and associated reviews may be granted by the City Council at a duly noticed public heazing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, prior to City Council approval, Final PUD and associated land use reviews by the Planning and Zoning Commission requires a public heazing and this application was reviewed at multiple public hearings where the recommendations of the Community Development Director and comments from the public were heard; and, WHEREAS, during a regular meeting on February 16, 2010, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and continued the public heazing to Mazch 2, 2010 for further discussion. At the March 2, 2010 public hearing, the Planning and Zoning Commission opened a duly noticed public heazing to consider the project and continued the hearing until Mazch 16, 2010 for further discussion. At the Mazch 16, 2010 public hearing, the Planning and Zoning Commission opened a duly noticed public hearing to City Council Ordinance No. 12, Series 2010 Page 1 of 12 consider the project and continued the public hearing to April 6, 2010 for further discussion. At the April 6, 2010 public hearing, the Planning and Zoning Commission opened a duly noticed public heazing to consider the project and approved certain growth management quota system reviews, a conditional use review and recommended City Council approve the Final Planned Unit Development application and associated reviews for Phase II by a five to two (5-2) vote, with the findings and conditions listed within the resolution; and, WHEREAS, once the land use approvals and recommendation of approval were granted by the Planning and Zoning Commission, the Applicant requested Subdivision approval, Growth Management approval, Amendment to the Official Zone District Map approval and Final Planned Unit Development (PUD) approval of the City Council; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval, with conditions, of the proposed Final PUD request and associated land use reviews; and, WHEREAS, during a duly noticed public hearing on June 7, 2010, the City Council opened the hearing and after an initial review of the application continued the hearing to June 28`h; and, WHEREAS, upon review of the application at the June 28s' continuance, the City Council opened the hearing and after an initial review of the application continued the hearin to July 12`h; and, g WHEREAS, upon review of the application at the July 12`h continuance the City Council took public testimony, considered pertinent recommendations from the Community Development Director, refen•al agencies and applicable provisions of the Municipal Code as identified herein adopted Ordinance No. 12, Series of 2010, approving with conditions, Final PUD and associated land use reviews; and, WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds all the applicable development standazds 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 welfaze. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: Aoarovals Pursuant to the procedures and standazds set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves Growth Management Review for an Essential Public Facility, Subdivision, Final Planned Unit Development, and Amendment to the Zone District Map for Phase II of the Aspen Valley Hospital Master Facilities Plan. Specifically, these approvals and recommendations of approval permit the Applicant to develop Phase II of a four phase master facilities plan inclusive of 12,000 sq. ft. of net leasable commercial and office space for the development of medical offices which are considered accessory to, and part of the hospital function, eighteen affordable housing units, an expansion and redevelopment of the existing hospital facility to 63,416 gross squaze Feet (including the City Council Ordinance No. ] 2, Series 20 ] 0 Page 2 of 12 medical office space but excluding the parking garage) and site improvements as shown in the site plans of Exhibit A of this ordinance. These site improvements include the construction of a three level parking garage that accommodates parking for 210 vehicles. The exterior design of the hospital building and affordable housing units shall be constructed as represented to the City Council and shown in Exhibit A of this ordinance. Section 2: Rezonin 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 Community Development Director to reflect a Planned Unit Development Overlay on all portions of land described as: Parcel C, Aspen Valley Hospital District Subdivision. Section 3: Plat and A reement The Applicant shall record asubdivision/PUD plat and agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, and Section 26.445.070, Recording a Final PUD Development Plan, within 180 days of approval by City Council. Prior to recording of the plat and agreement, the Applicant may submit a building permit application to the city for review; however, a permit shall not be issued prior to recording of the plat and agreement. As a result of minor and non material discrepancies in survey boundaries for the area in and around the property of Applicant, there appears to be overlap between the Applicant's property boundary and the adjacent property boundary for Meadowood Subdivision. The Applicant agrees with the Meadowood plat. The final plat recorded pursuant to this development shall reflect the boundaries set forth in the Meadowood plat. A plat note shall reflect the basis of the change. Section 4: Voluntary Deed Restriction The Applicant agrees to recording a deed restriction prohibiting the condominiumization of the 12,000 sq. ft. medical office space approved in Phase II. The deed restriction shall be recorded prior to the issuance of a Certificate of Occupancy of the hospital/ medical office component of the project. Section 5: Buildin¢ Permit Aaalication The building permit application shall include the following: a. A copy of the final Ordinance and recorded P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which meets adopted city standards. e. An excavation stabilization plan, construction management plan (CMP), and drainage and soils reports pursuant to the Building Department's requirements. City Council Ordinance No. 12, Series 2010 Page 3 of 12 1) As part of the construction management plan for Phase II improvements, provisions shall be made to ensure that parking for Aspen Valley Hospital visitors, staff and construction workers will be accommodated to prevent overflow in the Health and Human Services lot. f A fugitive dust control plan to be reviewed and approved by the Environmental Health Department. g. A detailed excavation plan for review and approval by the City Engineer. h. Accessibility and ADA requirements shall be addressed to satisfactorily meet adopted building codes. Section 6: Dimensional Requirements of Phase II The following approved dimensions of the Urolect shall be reflected in the F;nal pt m „ta.,~ f„r nti~~o rr. Minimum Lot Size Minimum Lot Width Minimum Front Yard Minimum Side Yard Minimum Rear Yard Maximum Site Coverage Minimum Distance between Buildin s As represented on the Final PUD plans Maximum Height a. Hospital/Medical Office Space a. As noted by the spot elevations depicted above grade on the "Overall Roof Plan" detail numbered AS-103 b. Affordable Housing b. 33'6" c. Other c. Antennas, chimneys, flues, vents or similaz structures may project a maximum of ten (10) to fifteen (15) feet above the roof location the structure protrudes from as noted by Exhibit C and water towers, solar panels, and mechanical equipment may project a maximum of five (5) feet above the roof location the structure is laced u on. Minimum off-street spaces allocated by use: a. Hospital/medical office space use a. 105 surface and 200 pazking garage b. Whitcomb Terrace spaces* c. Affordable Housing b. 30 surface pazking spaces c. 6 tuck under and 10 parking gazage spaces d. 2 short term pazking surface parking spaces to be shazed between Whitcomb Terrace and the affordable housing Total Gross enclosed hospital/medical office 63,416 square feet s ace City Council Ordinance No. 12, Series 2010 Page 4 of ]2 Maximum Net Leasable Commercial and Offices ace (medical office) 12,000 square feet Total oss affordable housin s ace 15,500 s uaze feet Note: * See section 8 for further requirements. Section 7: Desien elements to be incorporated into Phase II Based upon recommendations of the Planning Commission, City Council requires the following recommendations be incorporated into the Final PUD approval. a. The exterior siding and trim of the affordable housing units will be finished in a color palette dominated by neutral and/or natural tones. b. The proposed building orientation is appropriate for the site. Gazage location along the "rear" of the units meets the intent of the residential design standazds. The covered porch elements and entryways facing the greenspace are appropriate and meet the residential design standards with regazd to providing a street oriented entrance, principal window and first story element. The ceiling and window heights of the living area of the upper units will be designed for high volume space allowing for multiple non-orthogonal windows. c. The loop service road will only be used for service traffic related to the function of the hospital and signs installed along that route will state that condition. d. The hospital will install landscape screening of the Affordable Housing (AH) buildings from Castle Creek Road pursuant to the intent depicted on Sheets L-104 and L-105 (Landscape Plans) of Appendix A of the Final PUD submittal. It is the applicant's intent to preserve views of Highlands ski area from Castle Creek Road while screening the AH buildings with landscape that is installed close to the buildings as well as along the Castle Creek Road. However, it will be necessary to field locate the landscape due to the utility easements, drainage Swale, and traffic sight lines required along this corridor as well as adhere to the Parks Department comments that have been received throughout the review process. Final landscaping shall be approved by the Parks Department. e. Incorporate landscaping along Castle Creek Road, the loop service road, and the affordable housing component to screen the improvements and minimize visual impacts to neighbors and the community. Section 8: Growth Mana¢ement Annual Allotments The Applicant requested of the Planning and Zoning Commision 27,000 sq. ft. of net leasable commercial and office space from the 2010 annual allotment allowance for commercial development, which was granted by the Commission. This allotment represents the total net leasable square feet necessary to construct the entire master facilities plan over the course of the proposed four phases of development. For Phase II, only 12,000 sq. ft, of net leasable commercial and office space is proposed leaving a balance of 15,000 sq. ft. to be used in subsequent phases in subsequent years. Required affordable housing mitigation shall be based on the amount of net leasable commercial and office space proposed and entitled in each phase of development. City Council Ordinance No. 12, Series 2010 Page 5 of 12 Section 9: Excess Parkin With the completion of Phase II, the overall number of pazking spaces on the site will exceed the amount required to support Phase II. Therefore, 70 pazking spaces within the pazking garage shall be decommissioned until the issuance of a building permit for Phase III is issued. Additionally, In the event that the Applicant does not withdraw the conceptual application for the master facilities, does not seek an amendment to the conceptual approval for the master facilities plan or does not complete Phase III within 10 years of city council approval of Phase II, the hospital will be required to remove the 71 pazking spaces located along the western side of the hospital and detailed in Exhibit B of the ordinance. Any existing paving in this azea that is not necessazy to use as a connection for the service loop road shall be removed. Section 10: En¢ineerin¢ The conceptual drainage design anticipates shows that the proposed design can meet city drainage standards. Final design and analysis shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department prior to recordation of the final plat. If the conceptual drainage design cannot meet city standards, the design will need to be amended and may require review and approval by city council. Adequate handling of snow storage and drainage capacity along Castle Creek Road is required. Pedestrian bicycle access though the site must be maintained during construction via the construction management plan. Additional detailed comments aze included in the Development Review Committee minutes or Referral Agency Comments of Exhibit E of the City Council memo dated May 10, 2010 (and cited as February 8, 2010 for Engineering comments within the minutes) and shall be incorporated into the final drainage plan. Section 11: Affordable Housine a. The affordable housing provided in Phase II of the project shall be six (6) studios and twelve (12) one-bedroom dwelling units meeting the size and rental rates of Category 3 and 4 affordable housing units of the APCHA guidelines. b. Rental units azea allowed with the following conditions 1) The deed restriction shall state that the hospital has a priority to rent the units for hospital employees; however, if a unit is unoccupied for forty-five (45) days, the hospital shall rent the unit to another qualified employee of Pitkin County:. however, recognizing the rotating employment opportunities of the hospital, six of the units shall be exempt from this requirement. Additionally, these six units shall be exempt from APCHA's six month minimum lease requirements. 2) All tenants shall be approved through APCHA prior to occupancy. 3) The owner shall convey an undivided 1/l0a' of 1% ownership interest in the deed restricted units to APCHA. The APCHA ownership interest shall be in perpetuity or until such time as the units are converted to ownership units. City Council Ordinance No. 12, Series 2010 Page 6 of l2 4) If the owner elects to sell the units, the hospital shall condominiumize the units by forming a condominium association for the deed restricted units only. All documents associated with creating an HOA shall be approved by APCHA 5) A deed restriction shall be recorded prior to the issuance of a Certificate of Occupancy. All units require a lease for a minimum of six months. c. Affordable Housing Credit Balance : As required by City Council Resolution No.3 (Series of 2009), each final application for a phase of development shall verify the number of employees generated in the previous phase of development as well as project the anticipated number of employees generated in the current phase of development proposed. d. Aspen Valley Hospital will work with city staff to identify and secure four (4) additional affordable housing units (2 studios and 2one-bedrooms) through a buy down program, purchase of affordable housing credit, or in an existing and proposed project prior to issuance of a Certifcate of Occupancy for any part of Phase II. Once the four affordable housing units aze secured and a Certificate of Occupancy has been issued a credit for "Employees Housed" will be added to the "Balance Available" based upon formula adopted to calculate employees housed by dwelling unit type. Employees Housed Employees Generated Balance Available Beaumont, Mountain Oaks & CEO House Credit (Council Resolution No. 3, 2009) 57 0 Phase I 0 0 Phase II 28.5 19.98 Total 85.5 19.98 65.52 _Section 12: Fire Mitieation NFPA 13 needs to be applied to the residential component of the project. Final configuration of the fire sprinkler and fire alarm systems needs to be approved prior to installation. Adequate turning radii need to be provided at the main entrance of the hospital and the grade level parking. Fire hydrant locations must be approved prior to installation. The top level of the parking structure must accept the superimposed weight of fire department appazatus. Section 13: Utilities Deaartment Requirements The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Additional detailed comments are included in the Development Review Committee minutes or Referral Agency Comments of Exhibit E of the City Council memo dated May 10, 2010 (and cited as February 2, 2010 for Utilities comments within the minutes) and shall be incorporated or addressed in the construction documents associated with Phase II. City Council Ordinance No. 12, Series 2010 Page 7 of 12 Section 14: Sanitation District Requirements a. Service is contingent upon compliance with the District's rules, regulations, 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) aze not connected to the sanitary sewer system. ` b. On-site utility plans require approval by ACSD. c. Oil and Grease interceptors (NOT traps) are required for all food processing establishment. Locations of food processing shall be identified prior to building permit. d. Oil and Sand separators aze required for parking garages and vehicle maintenance establishments. Driveway entrance drains must drain to drywells. Elevator shafts drains must flow thru o/s interceptor. e. Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. Below grade development may requite installation of a pumping system. One tap is allowed for each building. Shazed service line agreements may be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. f Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. g. All ACSD fees must be paid prior to the issuance of a building permit. h. Any glycol heating and snow melt system must be designed to prohibit and dischazge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. i. Soil Nails are not allowed in the public ROW above ASCD main sewer lines and within 3 feet vertically below an ACSD main sewer line. j. Applicant's civil engineer will be required to submit existing and proposed flow calculations. k. Easements for the main sanitary sewer line as well as access easements, dedicated to the district, will be required. 1. Applicant will be required to deposit funds with the district for construction costs, engineering fees, construction observation fees, and fees to clean and televise the new main sewer line extension into the project. m. The sewer service line from the ambulance barn shall be connected to the proposed new sanitary sewer service line in the access road loop. n. Both the sewer service line from the hospital and the ambulance barn shall be excavated and capped off adjacent to Meadowood Road in the Meadowood subdivision, and the corresponding easements shall be properly and legally abandoned. o. The applicant shall provide the district with proper representation that will show all means and methods to preclude any and all pathological, radioactive, heavy metals, and any other hazazdous material on the list of EPA prohibited toxic discharges. City Council Ordinance No. 12, Series 2010 Page 8 of 12 Section 15: Environmental Health This development will increase vehicular trips resulting in a negative effect on air quality if mitigation measures are not implemented. To provide such mitigation, the Applicant may pay the City of Aspen's Air Quality Impact Fee. The Applicant should design the parking garage to ensure ventilation is adequate to prevent carbon monoxide from reaching high levels and exhaust ventilation should not be placed near any windows or doors. Adequate recycling space needs to be provided as well as wildlife proof trash containers. Section 16: Exterior LiehtinE All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting, as may be amended prior to building permit issuance. Section 17: Parks A. An approved tree permit will be required before any demolition or access infrastructure work takes place. Please contact the City Forester at 920-5120. Mitigation for removals will be paid cash in lieu or on site. The overall mitigation for removals during this phase of improvements already has acarry-over from the construction of the Obstetrics Unit. B. A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees on site. The vegetation fence shall be installed at the edge of the construction impact as depicted on page P101, Master Site Phasing Diagram. This fence must be inspected by the city forester or his/her designee (920-5120) before any construction activities aze to commence. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree on site. There should be a location and standard for this fencing denoted on the plan. C. General Landscaping notes 1) New landscape along the paved trail should be no closer than 2-feet when the species reaches maturity. A 2-foot fall zone should be maintained along both sides of the paved trail. Locations will be reviewed approved during building permit submission and field verified. 2) The drip lines of the new landscaping along the proposed Nordic alignment should not encroach over the edge of the trail easement. Mature landscaping should not grow into the trail easement requiring maintenance or interfere with the grooming equipment. Locations will be reviewed approved during building permit submission and field verified. 3) New landscaping at the trail intersections for the Terrace and the Hospital entrance, pages L-105 and L-106, needs to be reconsidered. Site lines are required to be maintained. D. Parks reserves the right to field locate the Nordic trail in an effort to decrease some of the proposed slopes. Once a final alignment for the Nordic trail is determined and approved by the Pazks Department the alignment and use shall be memorialized with a trail easement granted by the Hospital to the City of Aspen for use as a trail easement. This should be City Council Ordinance No. 12, Series 2010 Page 9 of 12 identified (called out) on the site plans and in a signed easement document. Support of the proposed Master Plan Facility is contingent on acquiring an easement. E. Staff will review in more detail the proposed culvert crossing for the summer trail and the proposed Grasscrete access the paved trail for snow removal with the construction drawings. Warning signs will need to be installed at the snow dump entry, "driveway crossing" F. The current proposed Nordic alignment should align with the connection to the existing trail located across Castle Creek Road. The connections and turns have to be able to allow for the operation of a snow cat based on the machines specifications and capabilities to properly groom. G. It is critical that the construction of the detention ponds and the trail alignments are completed prior to the start of the winter seasons. No construction activities of any kind shall take place within the Nordic alignments, or azound the Nordic alignments. Construction impacts to these areas will greatly reduce the skiers experience and more importantly viability of the snowpack. H. A trail detour plan shall be developed as part of the construction management plan during the construction project in order to allow for the continued public access along the south side of Castle Creek Road. Section 18: Transaortation A transportation demand management (tdm) plan has been submitted with the Final PUD application for Phase II of the AVH master facilities plan. The Applicant shall be required to meet the standards of the tdm plan. A traffic analysis will be completed every two years and based upon the report compliance with the tdm plan will be monitored and submitted to the city's Transportation Department. In the event the goals of the tdm plan aze not being met any remedial measures necessary to meet the goals shall be subject to approval by the Transportation Department. As part of the Conceptual PUD approval, AVH agreed to financially contribute to improvements to the roundabout and Cemetery Lane intersections to improve capacity. The proportionate financial contribution for capacity improvements to either of these two intersections is .3% (.003) of funds the City of Aspen spends on the project(s.) As no projects have been identified, the Applicant will be required to outline in the subdivision improvements agreement its ability to contribute to any projects that occur to the two intersections within seven years of approval of this ordinance. Section 19: School Lands Dedication Fee Pursuant to Land Use Code Section 26.620, School Lands Dedication, the Applicant shall pay a fee-in-lieu of land dedication prior to building permit issuance unless a waiver is granted by the school district. If a waiver is not granted, the City of Aspen Community Development Department shall calculate the amount due using the calculation methodology and fee schedule in effect at the time of building permit submittal. Section 20: Imnact Fees Pursuant to Land Use Code Section 26.610, Impact Fees, the Applicant shall pay a Parks Development impact fee and Transportation Demand Management (TDM)/Air Quality impact City Council Ordinance No. 12, Series 2010 Page 10 of 12 fee assessed at the time of building permit application submittal and paid at building permit issuance. The amount shall be calculated using the methodology and fee schedule in effect at the time of building permit submittal. Section 21: Vested liiehts The development approvals granted pursuant to Planning and Zoning Commission Resolution Number 8, Series of 2010 and herein shall be vested for a period of three (3) yeazs from the date of issuance of the development order. No later than fourteen (14) days following the 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 boundazies 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: Notice is hereby given to the general public of the approval of a vested property right, 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: Pazcel C of the Aspen Valley Hospital District Subdivision and commonly known as 401 Castle Creek Road, City of Aspen, CO, by Ordinance No. 12 Series of 2010, of the Aspen City Council. Section 22: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, aze hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. 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 sepazate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 25• A public hearing on this ordinance shall be held on the 7~' day of June, 2010, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall City Council Ordinance No. 12, Series 2010 Page I I of 12 be published in a newspaper of general circulation within the City of Aspen. The June 7~' hearing was conducted and continued to June 28s', and July 12~'. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the l Os' day of May, 2010. Attest: p ,, s y#F ~ T p ,'.y ~ ~ ,~ Mar i, ~ f ~f at Bryn S. Ko ity lerk Michael C. Ireland, Mayor ,~ FINALLY, adopted, passed and approved this 12T" day of July, 2010. ''r n Attest: Kathryn S. c ity Clerk ~. , Michae C. Ireland, ayor Approved as to form: ~l~L/ _ g o vey List of Exhibits Exhibit A AVM Master Facility Plan, Phase II Exhibit B -Proposed parking to be removed Exhibit C -Rooftop mechanical Exhibit D - TDM plan City Council Ordinance No. 12, Series 2010 Page 12 of 12 C- J U I I ~~6~ t~" 1hG --, ~~~ ~\ -- \ i . ItF~. SUPPLEMENT _ I~ EXISTING _~ ~ r ~`.j;, ~*° r~Cff- COTTONWOOD NATIVE PLANTINGS IN / ~y 4," '~ ~ ~A-, `. GROVE DETENTION BASIN 4ND issl t' SURROUNDING MEADOW ~ % ~ .,5~, yr' AREA {. = I "~ 1~ ~ ~~y.-x x ~~ ~ " ~ t_ ~ yfx ol" T'~ f I yt ! y~. .~ ! „ -~ ~ ,• f wAxx fl GROUPED Kx PLANTINGS r ry ~ l 7 ''~ y,. •Y'~'Ed~r ALONG CASTLE T~ _ 1 ~WUr.C~,p ~ CREEK ROAD B SCREENING LANDF IR / ". ~ ~ r~ ~ ~ I. PED TRAIL s! WITH ADDITIDNAL~IA IVE `. 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Based on the LSC traffic report, traffic volumes north of the new AVH access on Castle Creek Road should be limited to 424 vehicles per hour during the AM peak hour, 544 vehicles per hour during the PM peak hour and 6,400 vehicles per day. This target may be updated with new traffic data expected to be collected during the summer of 2010. The plan consists of infrastructure improvements, markefing strategies, incentive strategies, and a monitoring program. Existing Programs AVH has implemented many TDM measures in recent years. The following programs are currently in place and will remain in place through 2020 unless approved for discontinuance by the Transportation Department. I. Infrastructure A• Van Pools -AVH acquired 2 vans in 2008. B• Bicycles -AVH owns 3 bicycles available for riding to town or other nearby destinations. C• Information kiosk is provided with transit and alternate mode information. II. Marketing Strategies A~ Employee Transportation Coordinator -this employee oversees the travel demand management programs, assist employees with their commutes, and promote the use of alternatives. The Transportation Coordinator will also provide carpool matching, coordination with RFTA on bus scheduling issues, arrange for car rental discounts for employees living on site and new hire orientation. The Transportation Coordinator will remain an active member of the City's Transportation Options program, serving as AVH's primary contact. B. ~ecial Events -special promotions and events are sponsored by AVH to encourage use of alternative modes. III. Incentive Strategies A• Bicycle Share Program -provides management and maintenance of the AVH bicycles available for general employee use. B• Discounted Bus Fares -provides discounted (50%) bus pass and payroll deducted discounted (50%) seasonal passes to AVH employees. C. Carpool Stipends rovides 2 - P $ per person each way for employees using carpools. Aspen Valley Hospital Transportation Demand Management Program March, 2010 Page 1 D. Vanpool -encourage the use of the AVH's vanpools by covering vanpool operating costs so riders ride at no cost. E~ Guazanteed Ride Home - provides a free ride home for those who have an unexpected emergency and need to get home quickly. Phase 2 EScpansion Commitments The following programs are proposed in conjunction with Phase 2 and will remain in place through 2020 unless approved for discontinuance by the Transportation Department. Infrastructure A. Van Pools - An additional van will be purchased in conjunction with Phase 2 and additional vans as demand increases. B• CAR TO GO - AVH will provide a highly visible space within the main parking lot for a CAR TO GO vehicle and will work with the City to promote and expand this program. This vehicle will also be used by employees who use alternate modes and need to attend meetings or run errands. The Hospital will continue their Corporate Membership in the CAR TO GO program. C• Bicycles -Three additional bicycles, including anelectric-assisted bicycle, will be purchased as pazt of the Phase 2 expansion. D. Bicvcle Racks/Lockers -Ten outdoor bike racks will be provided along with four bike lockers. E. Showers, lockers and than ina facilities will be provided for commuting bicyclists and pedestrians. F. ADA accessible walks -will be constructed connecting the hospital's front doors with the bus stop located on Doolittle Drive. G. Doolittle bus stop - will be improved to accommodate two buses with additional passenger amenities. H• Close-in pazkine spaces will be provided for carpools and van pools as shown in the Phase 2 plan. I. Enhanced connectivity between the roundabout and the hospital - The Transportation Coordinator will utilize hospital vans to shuttle hospital employees between the roundabout and the hospital particulazly those employees that commute to work via the down-valley RFTA routes. The Transportation Coordinator will work with employee's schedules and could consider other alternatives such as High Mountain Taxi to provide a consistent yet non-redundant transportation alternative between the roundabout and the hospital. II. Marketing Strategies A. Bicvcle Riders Guide -will be developed in conjunction with Phase 2 and will include a bike route map for the AVH area along with bike locker and rack locations, rules for use of showers, lockers, and changing facilifies, and other pertinent information. B. Bus Riders Guide - be developed in conjunction with Phase 2 and will provide bus route and schedule information. Aspen Valley Hospital Transportation Demand Management Program March, 2010 Page 2 C. Employer Orientation Packet - be developed in conjunction with Phase 2 and will provide information on travel demand management programs to new employees. III. Monitoring Program A. Baseline Data will include the employee survey conducted in July 2006 (and supplemented by an employee survey to be conducted in mid-2010) and traffic counts (24-hour road tube counts on Castle Creek Road to be conducted during the summer of 2010). Information is summarized in Figure 1 and Chart 1. Trip generation estimates for the AVH expansion are given in Table 1. B. Average Daily Trip Goals are summarized in Table 2. Goals for new vehicle- trips are 20% reduction in peak-hour trips and 7% reduction in weekday daily trips compazed with Institute of Transportation Engineers' national trip generation rates for hospitals and medical office buildings. Progress will be measured by comparing summer 24-hour road tube counts on Castle Creek Road just north of the new AVH access with goals shown below. The 2010 background traffic volumes assume no growth in background traffic while 2016 assumes a 10% growth in background traffic. Table 2 2010 Summer Traffic Volumes 2016 Summer Traffic Volumes Castle Creek Road AM PM Average AM PM Average North of New Access Peak Peak Daily Peak Peak Daily _ Base Volume 325 410 4,760 355 450 5,210 Phase 2 Addition 33 44 568 33 44 568 Base + Phase 2 358 454 5,328 388 494 5,778 Phases 3 & 4 Addition 36 50 626 36 50 626 Base + Phases 2, 3, & 4 394 504 5,954 424 544 6,404 C. After completion of Phase 2, conduct summer traffic counts every two years. D. After completion of Phase 2, conduct employee travel survey every two years. E. Prepare monitoring report summarizing on-going programs with annual statistics, along with traffic volume increase or decrease. If traffic volumes are below the target volumes, some TDM measures may be discontinued after approval by the City staff. Conversely, if target traffic volumes on Castle Creek Road are higher than target volumes, AVH will propose and implement additional TDM measures approved by City staff. Such measures could include: .Additional rewards/incentives such as increase carpool stipends or bus fare discounts; • More aggressive internal and external education; • Restrictions on use of pazking structure by employees and visitors; • Other measures as approved by the Transportation Department. F. Evaluate the need for continued monitoring in ten years. Aspen Valley Hospital Transportation Demand Management Program March, 2010 Page 3 ,- ___ _ • Sunday, May 23, 2010 • Aspen limes Weekly Public Notice 1 8 ORDINANCENO. 12 Mwmrm WI-street spaces allocated (SERIES 0E20110 by use; a. 98 surface and 210 parking garage p ass AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A GROWTH MANAGEMENT REVIEW, ° sac space Hospital/medicaHospital/medical office b. 24 tuckaun under and g surface garage spaces Spaces SUBDIVISION, AMENDMENT TO THE OFFICIAL ZONE DISTRICT MAPAND FINAL PLANNED UNIT DEVELOPMENT FOR We SUBDIVIOFFICIAL PHASE II OF THE ASPEN VALLEY HOSPITAL DISTRICT FACILITIES MASTER PLAN, LOCATED ON PARCEL C, ASPEN c. Whitcomb Homing th rrace d. 2sh affo parking spaces to be shared between Whitcomb Terrace and c. Affordable H VALLEY HOSPITAL DISTRICT SUBDIVISION, COMMONLY DESCRIBED AS 401 CASTLE CREEK ROAD, CITY OFASPEN, e Bmdale Musing PITION COUNTY, COLORADO. Total Gross enclosed hospital/medical 62,100 square feet office space Parcel ID: 2735-121- 29-809 Mammal Net Leasable Commercial 12,000 square net and Office space (medical office) WHEREAS, the Community Development Department received an application from the Aspen Velle Hospital DisbictA (Applicant Total gross allordable housing space 20,700 square feet by Leslie Lamont of Lamont Planning Services, requesting approval of a Final Development P1n and associated land use reviews n for a Planned Unit Noe:'gee xction gmr further requirements. Development (PUD) for Phase 11 the Aspen Valley Hospital District Facilities Master Plan; and, Reran 6. Dnton macaw to be incornonlyd into Phase H WHEREAS, the Conceptual PUD approval (via Resolution No. L Series of 2009) conceptually approved a redeveloped and a Based upon recommendations of the PI City quirts We followin incorporated parking garage, affordable housing and site improvements on Parcel C of the Aspen Valley Hospital Subdivision, to be PUD ammo al. story hospital building and park awing Commission Ci Council re g recommendations be hnco fed into the Final developed in four Phases; and, a. The exterior siding and trim of the affordable housing wits will be finished in a color palette dominated by neural and/or natural tones. WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District City Engineering, Fire Promotion District, Firkin County Commissioners, Environmental Health Department, Parks Depumrnh AspCWPitGn Cowry b. The proposed building orientation is appropriate for the site. Garage location along the 'leas" of the wits meets the intent of the residential Ratting Fork De elopmen keview C e rrmei ; s tion Authority, the Transportation Department and the City Utilities Department as a result of tire design standard. The covered porch elements and entryways facing the greenspace are appropriate and meet the residential design standards win regard to providing a street oriented entrance, principal window and first story element. The ceiling and widow heights of the living area of the upper WHEREAS. said referral agencies age and the Aspen Community Development milts will be designed for high volume space allowing for multiple nonronhogotut windows. use WHEREAS. sa Mandl recommended a ry pment Department reviewed the proposed PUD and associated land approval with conditions; and, c. The loop service road will only be and for service traffic related to the function of the hospital and signs instated along that route will state WHEREAS, pursuant to Section 26.445 of the Land Use Code, Final PUD approval and associated reviews may be granted by the City Council that coalition. at a duly noticed public heating after considering recommendations by the Planning and Zoning Commission, the Community rector, d The hoc Development Di ital will install landscape screening of the Affordable Housin (AN) buildings ungs from Calve Creek Road and relevant referral agencies; and, p pursuant the intent depicts. on Sheets L -104 and L -105 (Landscape Plans) of Appendix A urake Final PUD submittal. It is the applicant's intent to preserve views ofHlgCznd: WHEREAS, prior to City Council approval, Final PUD and associated land use reviews by the Planing and Zoning Commission require) afP8 from Castle Creek Road while screening the AH buildings with landscape that is installed close to the buildings as well as along the Caste public hearing and this application was reviewed at multiple public hearings require) a Creek Road. However, it will be necessary to field ep ate the landscape duo to the utility easements, dun out swan, and traffic sight lines r and comments from is tic were heard; p gs where the recommendations of the Community Development Director gh requires palm and along this conniJOr m well as adhere to the Parks Department commemx that have been received throughout the review process. Furl IatWscapinl shall be approved by the Parks Department. WHEREAS during a regular meeting on February 16, 2010, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project ed, d project and con the public hearu,g to March 2, 2010 for further discussion. At the March 2, 2010 public hearing, the Planning e'lu°r?°rete landscaping along Castle Creek Road, the loop service road, and the affordable housing component to screen the improvements am and Zoni Commission opened a duly noticed public hearing to consider the project and continued the hearing until March 16, 2010 for further aura visual impacts to and the community. ng discussion. At the March 16, 2010 public hearing, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and continued the public leafing to April 6, 2010 for Rather discussion. At the Annie, 2010 Public Mating, the Fleming and Zmtng Commission s ti•• 2' Growth Mammal Annual Allotments opened a duly noticed public hearing m consider the p ject ad approved certain growth management quota system reviews, a conditional use TheAp allowance requested of the mere Planning and Zoning w h w g 27,000 sq. R. s[ nsable commercial and office space tot net stile swan' w and recommended City Council approve the Firm Planned Unit Development application and associated reviews for Phase 11 by a five to a et necessary allowance fm commercial master facilities which was gate by the Commission. s This allotment represents the total net 111, only .x2, two (5-21 vote. with the findings and conditions listed hereirefler; and, WHEREAS, once the land use approvals and recommendation ofappmval faun ytoconstruct b c commercial and mater fs pronover the course aeofthe of 1 5,00 four phases of t phase 11, only 1 W( were granted by the Planning and Zoning Commission the Applicant ye. fl. oemtleaeblecommereal anJtigace slate is Amen y le App requested )ap p m ion approval, Council; Maregemmta{pmval,Amemdnfembthe propottd leaving a balance of 15,000 sq. fl. to M used in subsequent phases in subsry Official Zone District Map approval and Fiat Planned Unit Development (PUD)approval of the City Commit; and, Yearn phase o f d affordable elopme t . housing mitigation stall M base) on the amount of net leasable commercial and office span pro posed ad entitled each phew 8: Excess development. WHEREAS, of proposed Final PUD application request and applicable and associacabledude standards, the Community Development Deparment recommerecommended eppmval, conditions, of the proposed land use reviews; tad, Section 8: Exemr Parking with conditions, With the completion of Phase 11, the number of parking spaces on the site will exceed the amount required to support Phase 11. k the event the; WHEREAS, during a duly noticed public hearing on !me 7, 2010, the City Council opened the hearing and after an initial review of the the Applicant does not withdraw the conceptual applicattw for the master facilities, does not seek an amendment to the conceptual approval for the application continued the hearing to lore 28°; and, master facilities plan or does not complete Phase HI within 10 years of city council approval 71 parking spaces located along the western side of the hospital and detailed in Exhibit t C of the ordinance Av dal will be required m remove that the WHEREAS, upon review of the application at the June 28e continuance. the City Council took public testimony, considered pertinent not necessary to use as a connection for the service loo Y costing paving this area M[ ie commendations from the Community Development Director, referral agencies and applicable P road shall be removal. adopted Ordinance Na 12, Series of 2010, approving with conditions, Final PUD cop d and associated associated l land use reviews; Municipal and, nd. Code as identified brew $retion9.Fnrineerinr WHEREAS, the Aspen City Council finds that the dvelo The conceptual drainage design anticipates shows that the proposed design can meet city drainage standards. Final design and analysis shall be approval the S, to Asp en pm pment proposal meets or exceeds all applicable developm standard and that the compliant with all sections of the City of Aspen Mumcipal Code, Tithe 21 and all conseuctionand excavation standards published by the Fngineerim proposal, with conditions, is consistent with the cols and elements of the AS Area Community P Department prior to recordation of the final lat. If the conceptual drainage P ep age design cannot meet city standards, the design will need to be amender WHEREAS, the City Cowan finds that this ordhamce furthers and is necessary for to promotion of public health, safety, and welfine, and may quire review and approval by city council. Adequate handling of snow storage and drainage capacity along Castle Creek Road is required. NOW, THRREFORE, BE IT ORDAINED BY THE car OFASPEN CITY COUNCIL AS FOLLOWS: Pedestrian/bicycle access tough to site must be maintained during construction via the construction management plan. Additional detail& comments are inclu in the Development Review Commieee minutes of Fe 8, 2010 and shall be incorporated into the final drainage plan. kaki P Aparovah co bnaY Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves Growth Management Section 10-: ARordabV Horan' Review fomn Essential Public Facility,Sobdivision Final Flawed Unit Development, and Amendment to the Zone District Map for Ph 11 of the As Valley Hospital Maser Facilities Plan. Phase a The affordable housing provided in Phase 4 of the project shall be eight (8) studios and fourteen (14) o�bedmon dwelling wit meeting the size and rental rates of Category 3 and 4 affordable housing units of the APCHA guidelines. Specifically, these approvals and recommendations of approval permit the Applicant to develop Phase 11 of a four phase master facilities plan inclusive of 12,000 sq. ft of net leasable commercial and office space for the development of medical offices, twenty-two affordable housing units, b. Rental ads area allowed with refollowing conditions: an expansion of the hospital facility by 51,416 gross square feet (excluding the parking garage) and site improvements as shown in the site plans of Eddbit A of this ordinance. The exterior design of the hospital building and affordable housing units shall be constructed as represented to the City is I) The deed ve 445 ) nshallsaettat the I t e has airs for employees; however, if a uw Council and shown in Exhibit 0 of ordinance. unoccupied for furry- five(45) days, the hospital shall rent the unit m another qualified employee of Pink Canary. Co ,Bsz _ 2) All tenants shall be approved through APCHA prior to occupancy. The Official Zone District Map of the City ofAspen shall be, upon filing of the subdivision plat and Final PUD plans, amended by the Community ) The owmrslull convey an undivided l /10" oft ° oowrenhipwmnn into deed restricted units to APCHA. TheAPCHA velaned Unit Development Overlay on all portions of land described as: Parcel C, Aspen Valley Hospital District merest shall be in perpetuity or tail such timenstin mid are convertedmmwmtship alts. Development Director to reflect a Planned S O ownership 4) If the owner elects to sell the wino& hospital shall condominiumve to units by forming a condominium asociatior Section Plat Athenian the deed restricted =its only. All documents associated with creating an HOA shall be approved by APCHA The Applicant shall record a subdivision/PUD plat and agreement that meets the requirements of lad Use Code Sector 26480, Subdivision, and 5) A iled restriction shall M recorded m the issuance of a Certificate of (swu .All units Section 26.445.070, Recording a Final PUD Development Plan, within 180 days of minimum of six months. prior PancY quhealeme br. Y approval by City COacd. As a result of minor and non material discrepancies in survey boundaries for the area in and around the property of Applicant, there appears to Refire° II: Fin Milioatiop be overlap between the Applicant's property boundary and the adjacent property boundary for Meadowod Subdivision. The Applicant agrees with NFPA 13 need to be applied to the residential component of the project. Final configuration of the fire sprinkler and fire alarm systems need! the Meadowood plat. The final plat recorded pursuant to this development shall reflect the boundaries set forth in the Meadowood pl to to approved pion to installation. Adequate luming radii need 50 he Provided at the main enean of the hospital and the glade level Parking shall reflect the basis of the change. plat. A plat rate Fire hydras locations must be a en depnhm t apparatus. pprov ed prior to installation. The top level ever of the parking structure must accept the superimposed weight of fire en Section 4: Building Prrmtt Aonteaton The building e liwtion shall include the following: Section 12; Utilities Department Reau ranee@ g permh pp a. A copy of the final Ordinance and recorded P &Z Resolution. The Applicant shall comply with the City of Aspen Water System Standard, with Tide 25, and with the applicable saes of Ede 8 (Water b.lh conditions of approval printed on the cover page of the buildin tint Conservation and Plumbing Advisory C ode) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Additional dealer 6 perm comments are included in the Development Review Committee minutes of February 2, 2010 and shalt be incorporated or addressed in theconsvuctior completed documents associated with Phase 11. c.A coin p tap permit for service with the Aspen Consolidated Sanitation District. d A drainage plan, including an erosion control plan prepared by a Colorado licensed Civil Enginee meets r, which me adopted city standard, Section Ii; 6uihGpa District Rwuvemrng e. An exavation stabilization plan, construction management plan (CMP), and drainage and soils reports pursuant to the Building Department's requirements. a. Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure that clear seater connections (roof, foundation, Perimeter, patio draw) we not DAs pan of the construction management plan for Phase II improvements, provisions shall be made to ensure that parking for Aspen connected to the sanitary sewer system. Valley Hospital visitors, staff and construction workers will be accommodated to prevent overflow in the Health and Haman Services lot. b. On-site utility plans require approval by ACSD. LA fugitive dust control plan to be reviewed and approved by the Environmental Health Department. C Oil and Grease intmailm� (NOT taps) are required for all food processing establishment Locations of food processing shall be g.A detailed excavation plan for review and approval by the City Engineer. identified prior to building pewit. d. Oil and Sand separators are required for parking garages and vehicle maintenance establishments. Driveway entrance drahts menu h Accessibility and ADA requirements dull M addressed to satisfactorily meet adopted building codes. drain to dryweps. Elevator shafts drains must flow thin Ws interceptor. for Phase 11: Section I. Dimensional Renuiremeats of Phase II The following approved dimensions of the project shall be reflected in the Final PUD plan e. Old service Ives must be excavated and abandoned at the main sanitary ne recording to specific rade development may requite it tallation of a al' oemr i red ACSD requirements. i ne agreements Below Mwmum Lot Sue As represented Pumping system. One tap is allowed for each building. Shared service line ageements mat Minimum Lo Width pesenkd on Re Final PUD plain be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements curia Minimum Front Yard of ways. Minimum Side Yard f. Landscaping plans will require approval by ACSD where soft and had Ping may y impact public ROW or easements to Ix Minimum Rear Yard dedicated to the Jrstrict. Maximum Site Coverage Minimum Distance between Buildings g. All ACSD fees must be paid prior to the issuance of a building permit. Maximum Height h. Any glycol heating and snow melt system must be designed to prohibit and discharge of glycol to any poniom of the public and private a.HospiuVMdmul Office Space Spa e. As noted by Ole spot elevations depicted above grade on the "Overall Roof Flan" detail 'sanitary sewer system- The glycol storage areas must have approved containment facilities. It Maximum Housing numbered AS -103 c Other h 636" i. Soil Nails are not allowed in the public ROW above ASCD maw a sewer lines d within 3 feet vertically below an ACSD main sewer 0. Antennas, chimneys, flues, vents or similar structures ma y pmjem a maximum of ten line. 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