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ORDINANCE
Janice K. Vos Caudill, Pitkin County, CO
ORDINANCE N0. 16
(SERIES OF 2010)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A
SUBDIVISION, COMMERCIAL DESIGN REVIEW, SPECIAL REVIEW FOR
PARKING, GROWTH MANAGEMENT ALLOCATIONS, AND A SITE SPECIFIC
DEVELOPMENT PLAN FOR THE ASPEN ART MUSEUM SUBDIVISION,
CURRENTLY ADDRESSED AS 307 S. SPRING STREET AND 625 E. HYMAN
AVENUE, ALSO KNOWN AS THE WIENERSTUBE PROPERTY, LOTS D -I,
BLOCK 100, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY,
COLORADO.
PARCEL NO. 2737-182-25-003
PARCEL NO. 2737-182-25-004
WHEREAS, the Community Development Department received an application
from 633 Spring II, LLC, in April 25, 2006, requesting approval of Commercial Design
Review, Growth Management Reviews, Multi -year Development Allotments,
Condominiumization, and Subdivision to construct a three -story mixed use building on
the properties located at 307 S. Spring Street and 625 E. Hyman Avenue, Lots D -I, Block
100, City and Townsite of Aspen; and,
WHEREAS, the subject property is approximately 18,000 square feet and is
located in the Commercial (C -1) Zone District; and,
WHEREAS, upon review of the application, and the applicable code standards,
the Community Development Department recommended the Planning and Zoning
Commission deny the Applicant's request for multi -year development allotments, finding
that the design and massing did not meet the standards for an exceptional project
necessary to obtain multi -year development allotments; and,
WHEREAS, the City of Aspen Planning and Zoning Commission passed
Resolution 28, Series 2006 granting certain land use approvals and recommending in
favor of the project to City Council; and,
WHEREAS, the City Council conducted public hearings on January 22 2007,
February 12 2007, and February 26 2007, and took public comment on Ordinance No.
49, Series of 2006, and on February 26 2007 the Aspen City Council did not approve
Ordinance No. 49, Series of 2006, by a two to one (2 - 1) vote, including Multi -Year
Development Allotments, and Subdivision for the development of a three -story, mixed use
building on Lots D -I, Block 100, City and Townsite of Aspen; and,
WHEREAS, during a regular City Council meeting on February 27 2007, the
Aspen City Council voted, two (2) to one (1), to reconsider the project on April 23`', 2007;
and,
Ordinance No. 16, Series of 2010 Page 1
WHEREAS, on April II 2007 the Applicant amended their application to
renew their growth management request to request five (5) Free - Market Residential
Allotments under the Growth Management Review "Free- Market Residential Units
within a Mixed -Use Project" separately from the approvals received in Resolution 28,
Series of 2006; and,
WHEREAS, during a regular City Council meeting on April 23` 2007, the Aspen
City Council determined that the amended application required additional review by the
Planning and Zoning Commission; and,
WHEREAS, the Community Development Director reviewed the amended
application and recommended approval of the five (5) Free - Market Residential Growth
Management Allotments, finding that the application met the standards for such a review
and recommended approval of the request; and,
WHEREAS, during a duly noticed public hearing on June 5, 2007, the Planning
and Zoning Commission approved Resolution No. 20, Series of 2007, by a five to zero
(5 -0) vote, approving with conditions, a Growth Management Review for five (5) Free -
Market Residential Units in a Mixed Use Development, for the development of a three -
story, mixed use building on Lots D -I, Block 100, City and Townsite of Aspen; and,
WHEREAS, during a duly noticed public hearing on February 11, 2008, continued
from August 13 2007, August 27, 2007, October 9, 2007, November 12, 2007, December
3, 2007, and January 28, 2008, the Aspen City Council failed to adopt Ordinance No. 29,
Series of 2007 by a two to one (2 -1) vote. Following such vote, a motion to deny Ordinance
No. 29, Series of 2007, was adopted by a three to zero (3 -0) vote; and
WHEREAS, following the denial of the application, the applicants timely filed a
complaint pursuant to C.R.C.P. 106, requesting that the District Court review the adoption
of Ordinance 29 (Series of 2007) alleging that the City exceeded its jurisdiction and abused
its discretion in denying the request of the applicant to subdivide the subject property; and,
WHEREAS, the City of Aspen has defended such lawsuit and has denied that the
City Council's denial of the application was an abuse of discretion or that the City Council
exceeded its jurisdiction; and,
WHEREAS, on June 3, 2008, the Pitkin County District Court denied Plaintiff's
appeal of City Council's denial of the subdivision request of 633 Spring II, LLC; and,
WHEREAS, 633 Spring II, LLC, timely filed a Notice of Appeal in the Colorado
Court of Appeals, which is currently pending; and,
WHEREAS, as part of the litigation and appeal, the parties entered into settlement
discussions regarding the complete resolution of the litigation and the development
application; and,
Ordinance No. 16, Series of 2010 Page 2
WHEREAS, counsel for the parties have set forth the terms of the agreement to
settle the litigation and all necessary development approvals herein; and,
WHEREAS, the settlement discussions include the Aspen Art Museum as a co-
applicant; and,
WHEREAS, the Aspen Art Museum meets the definition of and is an Essential
Public Facility as defined and provided for in the City of Aspen Land Use Code; and,
WHEREAS, the Aspen Art Museum invited the public to meet with museum staff
to discuss the proposal, learn about the Architect, review the renderings and the project
model through a series of open houses at City Hall and during museum hours at the museum
from July 8 t ' through August 2 " and,
WHEREAS, City staff and Art Museum staff have met or have offered to meet
individually with surrounding property owners and business owners about the proposal; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Community Development Director and
the City Attorney, the applicable referral agencies, and has taken and considered public
comment at a public hearing held on August 2, 2010; and,
WHEREAS, the City Council finds that the proposed development meets
applicable development standards and that the approval of the proposal, with conditions, and
approval of the settlement agreement 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN THAT THE SUBDIVISION, COMMERCIAL DESIGN
REVIEW, SPECIAL REVIEW FOR PARKING, GROWTH MANAGEMENT
REVIEW, AND SITE SPECIFIC DEVELOPMENT PLAN IS HEREBY
APPROVED WITH THE FOLLOWING CONDITIONS:
Section 1: Subdivision Approval
Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen
Municipal Code, the Aspen City Council hereby approves a Subdivision of the property at
307 South Spring Street, Block 100, Lots F, G H, I and 625 East Hyman Avenue, Block
100, Lots D, E, City and Townsite of Aspen, CO to develop a two lot subdivision each
with a newly constructed building as follows:
Ordinance No. 16, Series of 2010 Page 3
Aspen Art Museum Subdivision: Lot I — The Aspen Art Museum. Lots I, H,
G and the easterly 15 feet of Lot F, Block 100, City and Townsite of Aspen
containing one building intended to house an essential public facility of
26,500 square feet of floor area for use by the Aspen Art Museum.
Aspen Art Museum Subdivision: Lot 2 — Mixed -Use Building. Lots D and E,
and the westerly 15 feet of Lot F, Block 100, City and Townsite of Aspen
containing one mixed use building consisting of a maximum of two (2) free -
market residential units with a total of 3,750 square feet of floor area and
11,250 square feet of floor area for commercial uses.
Within one - hundred - eighty (180) days year following the date of final adoption of this
Ordinance by the City Council, the applicant shall prepare, execute and record a
Subdivision Plat. The Subdivision Plat shall depict the creation of two lots as described
above.
Section 2: Master Development Agreement and Development Plans
Contemporaneously with the recording of the Subdivision Plat and pursuant to the
procedures and standards set forth in Title 26 of the City of Aspen Municipal Code, the
owners of both lots (Applicant) shall record a Master Development Agreement (MDA) that
meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of
this approval. The MDA shall not contain any terms that contradict or change the terms of
the Conditional Settlement Agreement between the Applicant and the City of Aspen or the
terms of this Ordinance. The owners of the lands within the subdivision shall prepare,
execute and record a MDA which sets forth a description of the subdivision
improvements and other amenities required to be accomplished by each party within the
subdivision, as may be assigned to a Lot owner, including the following:
a. A Public Utility and Drainage Plan for all land within and affected by the
Subdivision. The plan shall meet the standards of the City Engineer and City
utility agencies. Any off -site improvements shall be specified.
b. A basic sidewalk improvement plan for each property showing all improvements
normally required for new development under the City of Aspen Land Use Code,
including sidewalks, curb and gutter, and landscaping in the right -of -way
requirements found in Chapter 21.20 of the Municipal Code.
c. Optionally, a Pedestrian Enhancement Plan may be developed as a mutual effort
of the Aspen Art Museum and the City of Aspen to complement the Art Museum
structure. This plan shall show the following elements:
1. All designs, materials, finish grading and profiles for improvements to
Hyman Avenue and Spring Street.
2. A Landscape Plan showing designs and materials for the public pedestrian
areas including location, amount, and species of landscape improvements
including street trees and other plant types, including any movable
planters or pots.
Ordinance No. 16, Series of 2010 Page 4
3. An irrigation plan for landscape improvements,
4. Cost estimates for the implementation of the Plan; and,
5. A description of when the improvements will be implemented (i.e. in
phases concurrent with development of the individual Lots or on an
independent schedule) and a description of how these obligations shall be
allocated to each individual Lot owner.
The plan shall be jointly approved by the Owners of Lots 1 and 2, the City
Engineer, the City Parks Director, and the City Community Development
Director. Improvements on private property do not need to be represented on
this plan. The plan shall demonstrate how these improvements can be
implemented in phases concurrent with development of the individual lots.
The MDA shall include a description of how these obligations shall be
allocated to each individual Lot owner.
If any party does not agree to the design or funding of the Pedestrian
Enhancement plan, the basic sidewalk improvement plan shall be
implemented. Completion of this Pedestrian Enhancement plan shall not be
required as a pre- requisite for the submission of a Building Permit Application
by either property.
d. Cost estimates for public improvements described in the Subdivision Plat and
MDA Development Plans, and a description of how these obligations shall be
allocated to each individual Lot owner.
e. A Housing Agreement for the project to house employees as specified in Section
8 of this ordinance and a description of how these obligations shall be allocated to
each individual Lot owner.
f A summary of the total Impact Fees for the entire project (both Lots), and a
description of how those fee obligations shall be allocated to each individual Lot
owner.
g. A description of the continuing obligations which may burden a Lot within the
subdivision in the event that the other Lot is not developed as envisioned herein.
h. A description of the financial assurances to be provided by each Lot owner
securing the ability of the owner to compete the improvements on its respective
lot and to ensure the City can recover each lot at the site as described in Sections
4 and 5 of this Ordinance
Upon recordation of the Subdivision Plat and the Master Development Agreement, the
continuing obligations burdening each of the owners of the two (2) subdivided lots shall
be separate and distinct and shall not be dependent upon the other, except as specified in
the MDA. Conversely, the benefits enuring to each lot shall be separate and distinct and
not inclusive of those of the other.
Both parcels shall retain the current Commercial (Cl) zoning designation and are not
rezoned by operation of this Ordinance. If for any reason, the owner of either Lot does
not carry forward development of their Lot as permitted herein, the owner shall have the
Ordinance No. 16, Series of 2010 Page 5
right to bring forward another development proposal for any building or use consistent
with the Commercial (Cl) zone district allowances and limitations, as may be amended
from time to time.
Section 3: Individual Subdivision Agreements and Development Plans
Within one (1) year following the date of final adoption of this Ordinance by the City
Council, the owner of each individual lot within the subdivision shall prepare, execute
and record a Subdivision Agreement and Development Plans for its respective Lot.
These individual Agreements and Plans may be recorded at the same time or at different
times, as the respective developers may determine to be appropriate. The Subdivision
Agreement and Development Plans for each lot shall include the following information:
a. An illustrative site plan of the individual project depicting the proposed
improvements and the approved dimensional requirements.
b. A drawing(s) representing the individual project's architectural character, which
demonstrates the general architectural character of the building and depicts
materials, fenestration, projections, and dimensions and locations of elevator shaft
heads, mechanical equipment, and areas of the rooftop which are accessible.
c. A grading and drainage plan for the individual property, which may include tie -
ins to the City's drainage system.
d. A landscape implementation plan enforceable by the City guaranteeing the initial
establishment and ongoing maintenance of landscape improvements within the
Lot and on public property as may be assigned to the individual Lot through the
MDA.
e. An exterior lighting plan meeting the requirements of Section 26.575.150 of the
Land Use Code.
f The Impact Fees for each individual Lot owner as may be assigned by the MDA.
g. Cost estimates for public improvements unique to the individual Lot or as may be
assigned to that Lot by the MDA.
h. A description of the financial assurances to be provided securing the public
improvements unique to the individual Lot or as assigned by the MDA.
i. For the Aspen Art Museum, an agreement to terminate the lease on the existing
museum building within one year of issuance of a Certificate of Occupancy on the
new museum building.
j. For the Aspen Art Museum, an agreement to maintain public access to the rooftop
deck during business hours of the museum excepting special events or other
reasonable limitations.
Section 4: Financial Assurances — Performance Bond
The Master Development Agreement shall provide that before a Building Permit is issued
for the development of either Lot, the owner of said Lot shall provide to the City
Ordinance No. 16, Series of 2010 Page 6
Building Department and the City Attorney for review and approval satisfactory evidence
that the owner has in place sufficient financing to accomplish and complete the
construction of the development on that Lot covered by the building permit and any
public improvements on that Lot identified within the Subdivision Agreement for that Lot
or as assigned to that Lot under the MDA. Such financing may include, without
limitation, a construction loan from an institutional lender or lenders and equity capital
investments from the owner or third party investors or contributors.
Supporting cost estimates for all improvements covered by the requested Building Permit
shall be prepared by the owner's General Contractor and shall be delivered to the City
Building Department for review and approval before the Building Permit is issued.
The Master Development Agreement shall further provide that before a Building Permit
is issued for development of either Lot, the owner of said Lot shall provide to the City
Building Department and the City Attorney for review and approval a copy of a
Performance Bond issued or committed to be issued to the owner's General Contractor
by an institutional surety company pursuant to which the surety agrees to provide the
funds necessary to complete the construction of the improvements covered by the
building permit and any public improvements on that Lot identified within the
Subdivision Agreement for that Lot or as assigned to that Lot under the MDA. The
Performance Bond shall name the owner and the City of Aspen as additional
beneficiaries or insureds thereunder to grant to either or both of them a direct right of
action under the Performance Bond in order to construct or finish public improvements,
and to complete the construction of the improvement covered by the Building Permit.
Section 5: Site Protection Fund
The Master Development Agreement shall provide that before a Building Permit is issued
for the development of either Lot, the Lot owner will deposit with a title company
( "Escrow Agent ") the sum of $250,000 in the form of cash or wired funds (the "Escrow
Funds ") and will execute an Escrow Agreement and Instructions with the Escrow Agent
which recites and agrees as follows:
In the event construction work on the development of an individual Lot shall cease for
sixty (60) days or longer (`work stoppage') prior to a final inspection by the City of the
work authorized by the Foundation/Structural Frame Permit on the Lot, then the City in
its discretion may draw upon the Escrow Funds from time to time as needed for purposes
of protecting and securing the site and improvements from damage by the elements
and/or from trespass by unauthorized persons, and for purposes of improving the site to a
safe condition such that it does not become an attractive nuisance or otherwise pose a
threat to neighbors or other persons.
The Escrow Funds or any remaining balance thereof shall be returned to the Applicant of
the respective Lot upon completion by the City of a final inspection and issuance of a
Certificate of Occupancy for that Lot, or when otherwise agreed to by the Applicant and
the City.
Ordinance No. 16, Series of 2010 Page 7
The City shall be a named third party beneficiary of the Escrow Agreement with the
express right and authority to enforce the same from time to time.
The buildings as presented in the plans dated July 30, 2010 and attached as Exhibit A to
this Ordinance, comply with the effective dimensional allowances and limitations of the
Commercial C1 zone district as modified below. Compliance with these requirements
will be verified by the City of Aspen Zoning Officer at the time of building permit
submittal.
Lot 1, Aspen Art Museum The following dimensions are approved for Lot 1:
a. Minimum Lot Size 10,500 square feet
b. Minimum Lot Width 105 feet
c. Minimum Front Yard Setback
d. Minimum Side Yard Setback
e. Minimum Rear Yard Setback
f Minimum Trash/Recycle Area
g. Maximum Building Height
h. Minimum Pedestrian Amenity Space
i. Maximum Allowable Floor Area
j. Maximum Net Leasable Commercial Area
k. Maximum Net Leasable Admin. Area
1. Minimum Off - Street Parking Spaces
0 feet — Hyman Avenue
0 feet — Spring Street
0 feet — Alley
To be internalized within the
structure as part of the
loading area.
42 feet. (see note on height)
Accommodated with rooftop
access and pedestrian
improvements to right -of-
way
26,500 square feet (see note
on floor area)
2,500 square feet
3,500 square feet
0
Lot 2, Mixed -Use Building The following dimensions are approved for Lot 2:
a. Minimum Lot Size 7,500 square feet
b. Minimum Lot Width 75 feet
c. Minimum Front Yard Setback
d. Minimum Side Yard Setback
e. Minimum Rear Yard Setback
0 feet — Hyman Avenue
0 feet — East and West
property lines.
0 feet — Alley
Ordinance No. 16, Series of 2010 Page 8
f Minimum Trash/Recycle Area
g. Maximum Building Height
h. Minimum Pedestrian Amenity Space
i. Maximum Allowable Floor Area
j. Maximum Commercial Floor Area
k. Maximum Commercial Net Leasable Area
1. Maximum Residential Floor Area
m. Maximum Residential Net Livable Area
n. Residential Units
o. Minimum Off - Street Parking Spaces
Alley frontage of 20 linear
feet with a 10 foot vertical
clearance and a 10 foot depth.
28 feet for 2 -story elements,
38 feet for 3 -story elements.
(see note on height)
As represented with set -back
areas along Hyman Avenue.
15,000 square feet
11,250 square feet
9,700 square feet
3,750 square feet (see note on
floor area)
3,500 square feet total. The
limit on individual unit size
shall not apply.
2 units, which may be
combined (see note).
2
Slight adjustments to the dimensions represented above may occur upon review of a
building permit as long as the resulting dimensions do not exceed those approved through
this ordinance or as otherwise allowed in the C 1 Zone District, as may be amended from
time to time. During the period of statutory vested rights all dimensions shall be
calculated as described herein. Where not specifically addressed herein, dimensions shall
be calculated as provided in the Land Use Code in effect at the time of adoption of this
ordinance.
Combining Residential Units:
The two residential units within Lot 2 may be combined into one unit, or vice - versa, as an
administrative amendment by the Community Development Director with no requirement
for a Transferable Development Right.
Height:
On Lot #1, mechanical equipment, the integrated solar panel /roof membrane, elevator
apparatus, and interior and exterior fagade treatments, and furnishings may extend over
the height limit specified above by 5 feet, for a total of 47 feet. Artwork may extend over
the height limit for exhibition periods of up to four months. A railing necessary for
rooftop or balcony access may extend above the height limit specified above by an
amount necessary for building code compliance if 50% or more of the railing is
transparent. All other architectural and mechanical appurtenances may extend over the
specified maximum height limit as permitted in the Land Use Code in effect at the time
of building permit submission.
Ordinance No. 16, Series of 2010 Page 9
On Lot #2, mechanical equipment may extend over the height limit specified above by 5
feet if setback from a Street - facing fagade a minimum of 15 feet or setback from the
Street a minimum of 30 feet. A stair enclosure necessary for roof -top access may extend
up to 10 feet over the height limit specified above if setback from a Street- facing fagade a
minimum of 15 feet or setback from the Street a minimum of 30 feet. A railing necessary
for rooftop or balcony access may extend above the height limit specified above by an
amount necessary for building code compliance if 50% or more of the railing is
transparent. All other architectural and mechanical appurtenances may extend over the
specified maximum height limit as permitted in the Land Use Code in effect at the time
of building permit submission.
Floor Area:
For the purposes of calculating the Floor Area for the Art Museum Building on Lot 1, the
measurement shall be from the exterior sheathing or weather barrier of all interior
conditioned areas of the building and shall exclude all areas which are enclosed or
partially enclosed by the exterior fagade treatment if those areas are not conditioned.
For the purposes of calculating the Floor Area for the mixed -use building on Lot #2,
100% of the circulation space shall be attributed to the commercial uses. The on -site
parking spaces shall be attributed to the commercial Floor Area, but not restricted in use.
All other aspects of Floor Area for buildings within this subdivision shall be according to
the allowances and limitations of the Land Use Code in effect at the time of building
permit submission.
Setbacks:
For the purposes of calculating the Setbacks for the Art Museum Building on Lot 1, the
measurement shall be from the outermost exterior fagade treatment.
Section 7: Impact and Development Fees
Park Development Impact Fee
Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, each Lot
shall pay an impact fee prior to building permit issuance. The fee shall be calculated
according to the fee schedule in Land Use Code Section 26.610.090, Current Impact
Fees, in place at the time of building permit. For the Aspen Art Museum, the calculation
shall be based on the net leasable areas associated with the bookstore, cafe, gift shop, and
the administrative offices. The galleries, loading dock and similar areas are exempt.
Costs of physical improvements to the right -of -way to create a better pedestrian
environment, street trees, and safe pedestrian crossings shall be credited towards reducing
this impact fee as determined and agreed to in the Master Development Agreement.
TDM/Air Quality Impact Fee
Pursuant to Land Use Code Section 26.610, TDMIAir Quality, each Lot shall pay an
impact fee prior to building permit issuance. The fee shall be calculated according to the
Ordinance No. 16, Series of 2010 Page 10
fee schedule in Land Use Code Section 26.610.090, Current Impact Fees, in place at the
time of building permit. For the Aspen Art Museum, the calculation shall be based on the
net leasable areas associated with the museum shop, cafe, and the administrative offices.
The galleries, loading dock and similar areas are exempt. Costs of physical
improvements to the right -of -way to create a better pedestrian environment, street trees,
and safe pedestrian crossings shall be credited towards reducing this impact fee as
determined and agreed to in the Master Development Agreement.
School Lands Dedication
Pursuant to Land Use Code Section 26.620, School Land Dedication, each Lot shall pay
an impact fee prior to building permit issuance. The fee shall be calculated according to
the fee schedule in Land Use Code Section 26.620.090, Current Land Dedication and
Cash -in -Lieu Fees, in place at the time of building permit. The Aspen School District
may waive or reduce the dedication fee in light of the Aspen Art Museum's educational
programming and benefits to the community. This decision shall be at the sole discretion
of the Aspen School District and any decision shall be included in the Master
Development Agreement.
Pedestrian Amenity Fee
Pursuant to Land Use Code Section 26.575.030, Pedestrian Amenity, the Co- Applicants
would typically be required to provide 25% of each Lot as a pedestrian amenity space or
pay a cash -in -lieu fee. Considering the provision of on -site pedestrian amenity space and
the extensive improvements contemplated to the Hyman Avenue and Spring Street rights -
of -way, no fee shall be due. (Also see Pedestrian Plan Contribution.)
Right of Way and Construction Encroachment Fees
Pursuant to Municipal Code Section 2.12.051, Engineering Department fees, the
Applicant shall pay the temporary right -of -way encroachment fee, parking fees, and the
earth stabilization encroachment fee associated with this development prior to building
permit issuance. The fees shall be calculated according to the fee schedule in place at the
time of building permit. If an on -site or tower crane is utilized for construction, then the
costs of physical improvements to the right -of -way to create a better pedestrian
environment, street trees, safe pedestrian crossings, and the changes to utility or drainage
infrastructure to accommodate such improvements shall be credited towards reducing
these fees as determined and agreed to in the Master Development Agreement.
Pedestrian Plan Contribution
The Aspen Art Museum share of any Park Development Impact Fee, TDM /Air Quality
impact fee, pedestrian amenity fee, and right of way encroachment fee are estimated to
total approximately $375,000. The cost of these impact fees shall be waived by the City
in consideration of a $375,000 contribution to the City of Aspen for the completion of a
pedestrian improvement plan for Hyman Avenue and Spring Street.
In the event the City is unable to implement such a plan in a timely manner, the Aspen
Art Museum shall install, at it sole cost, the basic street, curb, gutter, sidewalk and
landscaping improvements as required under the Municipal Code and the sum total of the
Ordinance No. 16, Series of 2010 Page 11
aforementioned fees shall be reduced commensurate with the cost of said improvements
as documented by the applicant and confirmed by the City Engineer.
Parking In -Lieu Fees
Given that on -site parking within Lot 1 would be practically difficult and an undesirable
development scenario, the site's the proximity to mass transit and the downtown area,
and pursuant to Land Use Code Chapter 26.515, Parking, parking on Lot 1 has been
determined to be unnecessary. Lot 2 shall pay a fee -in -lieu for on -site parking less than
the 1 space per 1,000 square feet of net leasable area that is required. The fee shall be
calculated according to the fee schedule in place at the time of building permit. The City
shall allocate expenditure of these fees towards the aforementioned pedestrian
improvements along Hyman Avenue and Spring Streets. In the event the City is unable
to implement such a plan in a timely manner, these fees shall be allocated as specified in
Section 26.515.050 of the Land Use Code.
Building Permit Fees
Building Permit Fees for the Aspen Art Museum shall be waived.
Section 8: Employee Generation and Mitigation
The existing commercial building contains 5,595 square feet of net leasable commercial
space. The Art Museum is hereby exempt from employee housing mitigation as an
essential public facility. The new mixed -use building contains commercial net leasable
space in excess of that which currently exists on the property. Following is the
calculation of the affordable housing requirement and the manner in which it is proposed
to be provided.
Mixed -Use Building Main level
4,600 s.f. x 4.1 FTEs /1,000 s.f. = 18.86 FTEs x 60% mitigation = 11.32 FTEs
Mixed -Use Building Second Floor level
5,100 s.f. x 3.075 FTEs /1,000 s.f. = 15.68 FTEs x 60% mitigation = 9.41 FTEs
Mixed -Use Building_ Residential
3,500 s.f. x 30% = 1,050 s.f. / 400 s.f. per FTE = 2.63 FTEs
Credit from Existing Building
5,595 s.f. x 4.1 FTEs /1,000 s.f. = 22.94 FTEs x 60% mitigation = 13.76 FTE
11.32 + 9.41 + 2.63 —13.76 = 9.6 employees to be housed by the project
The project is required to provide housing mitigation to house 9.6 employees, and has
represented a commitment to financially contribute to a City of Aspen affordable housing
project in an amount necessary to house 9.6 employees. It is anticipated that this will be
Phase Two of the Burlingame Ranch affordable housing project, but a different City or
private- sector affordable housing project may be substituted in whole or in part, by
mutual agreement of the applicant and the City. The credit shall apply to Lot 2 only. If
Ordinance No. 16, Series of 2010 Page 12
the existing Wienerstube building on Lot 1 is not demolished or otherwise
decommissioned, the credit shall not apply. Adjustments to the exact building
dimensions upon building permit review shall require a recalculation of the mitigation
requirement by using the above methodology.
The MDA shall describe the timing and method for meeting this housing requirement in
compliance with Section 26.470.070.4. of the Land Use Code, including reasonable
contingencies for satisfying this requirement through use of transferable housing credits,
buy - downs, or a payment -in -lieu sum equal to the amount to mitigate 9.6 employees at
the Category 4 rate in effect at the time of adoption of this ordinance. Satisfying this
requirement through a payment -in -lieu shall require additional review and approval by
the Aspen City Council. The Housing mitigation shall be satisfied in full prior to
issuance of a Certificate of Occupancy on Lot 2. This section represents the entire
housing mitigation requirement for both Lots combined.
Section 9: Growth Management Quota System Allotments
The following Growth Management allotments are hereby granted to the Project:
a. Residential Free - Market — 2 Units
b. Commercial Net Leasable, Mixed -Use Building — 4,105 square feet (accounts for
existing credit of 5,595 s.f)
c. Commercial Net Leasable, Art Museum — 2,500 square feet (cafd and museum
shop)
d. Commercial Net Leasable, Art Museum — 3,500 square feet (administration
offices)
Section 10: Pre - Construction Meeting
The owner of each Lot shall attend a pre - construction meeting with the City Staff prior to
submission of a building permit application. This meeting shall include the general
contractor, the architect producing the construction drawings, and representatives from
the Building, Engineering and Community Development Departments. The intent of this
meeting is to ensure clarity around submission requirements, requirements of this
ordinance, and permit issuance timeframes.
Section 11: Building Permit Application
The Applicant may not submit a Building Permit Application until the requirements in
Land Use Code Section 26.304.075, Building Permit, are fulfilled. The building permit
application shall include the following:
a. A copy of this Ordinance.
b. The conditions of approval printed on the cover page of the building permit set.
Ordinance No. 16, Series of 2010 Page 13
c. A fugitive dust control plan to be reviewed and approved by the City Engineering
Department.
d. An excavation - stabilization plan, construction management plan (CMP), and
drainage and soils report pursuant to the Building Department's requirements.
The CMP shall include an identification of construction hauling routes,
construction phasing, and a construction traffic and parking plan for review and
approval by the City Engineer and Streets Department Superintendent. The CMP
shall also identify that the adjacent sidewalks will be kept open and maintained
throughout construction. Staging areas will be identified in the plan, and shall
indicate that the alley may only be closed intermittently during construction with
notice to the property owners relying on alley access.
e. Accessibility and ADA requirements shall meet adopted building code
requirements.
f. The approved Master Utility and Drainage Plan, the Right -of -Way and Pedestrian
Plan, and the Landscape Plan.
g. For the Art Museum, a report on the efficiency of the rooftop solar panel system.
Section 12: Exterior Materials Testing
For Lot 1 — the Aspen Art Museum — the Chief Building Official may withhold issuance
of a building permit, or a phase thereof, for any time necessary to ensure the proposed
exterior building materials, building and structural systems, fabrication methods, weather
protection methods, fire protection methods, or other reasonable concerns of the exterior
materials fully meet the standards of the International Building Code and the
International Fire Code to the satisfaction of the Chief Building Official and the Fire
Marshall, including any unique conditions that exist or may arise given the local climate
and the nature of the proposed building and use. The Chief Building Official may require
special testing or other verification to ensure compliance will be achieved.
Section 13: Water Department 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. Each of the units within the mixed -use building shall have individual water
meters.
Section 14: Sanitation District Requirements
The following comments and requirements are based on the July 8 2010, Development
Review Committee meeting. ACSD can comment in greater detail once detailed plans
have been submitted to the District.
1. Service is contingent upon compliance with the District's rules, regulations, and
specifications, which are on file at the District office.
Ordinance No. 16, Series of 2010 Page 14
2. ACSD will review the approved Drainage plans to assure that clear water connections
(roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer
system.
3. On -site utility plans require approval by ACSD.
4. Oil and Grease interceptors (NOT traps) are required for all food processing
establishment. Locations of food processing shall be identified prior to building
permit.
5. Oil and Sand separators are required for parking garages and vehicle maintenance
establishments.
6. Driveway entrance drains must drain to drywells.
7. Elevator shafts drains must flow thru o/s interceptor
8. Old service lines must be excavated and abandoned at the main sanitary sewer line
according to specific ACSD requirements.
9. Below grade development may require installation of a pumping system.
10. One tap is allowed for each building. Shared service line agreements may be required
where more than one unit is served by a single service line.
11. Permanent improvements are prohibited in sewer easements or right of ways.
Landscaping plans will require approval by ACSD where soft and hard landscaping
may impact public ROW or easements to be dedicated to the district.
12. All ACSD fees must be paid prior to the issuance of a building permit. Peg in our
office can develop an estimate for this project once detailed plans have been made
available to the district.
13. Where additional development would produce flows that would exceed the planned
reserve capacity of the existing system (collection system and or treatment system) an
additional proportionate fee will be assessed to eliminate the downstream collection
system or treatment capacity constraint. Additional proportionate fees would be
collected over time from all development in the area of concern in order to fund the
improvements needed.
14. Where additional development would produce flows that would overwhelm the
planned capacity of the existing collection system and or treatment facility, the
development will be assessed fees to cover the costs of replacing the entire portion of
the system that would be overwhelmed. The District would fund the costs of
constructing reserve capacity in the area of concern (only for the material cost
difference for larger line).
15. Glycol heating and snow melt systems must be designed to prohibit and discharge of
glycol to any portion of the public and private sanitary sewer system. The glycol
storage areas must have approved containment facilities.
16. The applicant will be required to fund a proportionate share of approximately 300 feet
of the main line replacement of the existing sanitary sewer system in the alley from
Spring St. to Hunter St to serve this project. Allocation of this expense between Lot 1
and Lot 2 shall be specified in the MDA.
Ordinance No. 16, Series of 2010 Page 15
17. 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.
18. Applicant's civil engineer will be required to submit existing and proposed flow
calculations.
Section 15: Parks Department Requirements
1. Landscaping in the public right of way is subject to landscaping in the ROW
requirements, Chapter 21.20. There shall be no plantings within the City ROW which
are not approved first by the City Parks Department. Building permit plans shall
show compliance with these requirements by way of new street trees, irrigation, and
locations, tree trench preparation and designs are subject to approval from the City
Forester, 920 -5120. A plan is required for review and approval.
2. Right -of -way requirements require adequate irrigation pressure and coverage, if a
system is not in place one will need to be added.
3. An approved tree removal permit will be required before any demolition or access
infrastructure work takes place. Please contact the City Forester at 920 -5120.
4. Tree protection fences must be in place and inspected by the City Forester, 920 -5120,
before any construction activities commence. Tree protection fencing will be
required on the West and South sides of the property line.
5. No excavation, storage of materials, storage of construction backfill, and storage of
equipment, foot or vehicle traffic allowed outside of the tree protection fencing.
There should be a location and standard for this fencing denoted on the plan.
Section 16: Exterior Lighting Requirements
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. Requirements for
individual fixture type, configuration, and performance shall be met. However, fagade
design and materials (such as translucent or transparent materials), and lighting effects
for exterior and/or exhibit spaces, may be proposed subject to review by the Community
Development Director for compliance with the intent of Section 26.575.150 to avoid light
pollution and adverse impacts on other properties. The Aspen Art Museum shall comply
with future changes to the City's Outdoor Lighting Standards.
Section 17: Public Improvements
A Certificate of Occupancy (CO) or a Conditional Certificate of Occupancy (CCO) for
either Lot shall not be issued for that particular Lot until all public improvements as
specified in the Subdivision Agreement for that particular Lot or as may be assigned to
that Lot under the Master Development Agreement have been completed.
The failure of one lot owner to complete public improvements for which it has been
assigned responsibility under the Master Development Agreement shall not prevent the
Ordinance No. 16, Series of 2010 Page 16
owner of the other lot from obtaining a certificate of occupancy or a conditional
certificate of occupancy for its respective lot.
Section 18: Proiect Amendments
Substantive amendments to the project within the period of statutory vested rights shall
be reviewed by the Community Development Director and forwarded to City Council for
final consideration. Insubstantial amendments as allowed herein or which represent no or
limited change to the character of the project shall be reviewed by the Community
Development Director for final consideration. After the period of statutory vested rights
expires, amendments to the project shall be reviewed according to the procedures of the
Land Use Code, unless otherwise specified herein. Upon issuance of a Certificate of
Occupancy, the Aspen Art Museum building may only be converted to a use other than
an Essential Public Facility with the consent of the City pursuant to the necessary change -
in -use approvals and associated mitigation as required by the Land Use Code.
Section 19: Vested Rights
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, 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.
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:
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: Lots 1 and 2 of the Aspen
Art Museum Subdivision.
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.
Ordinance No. 16, Series of 2010 Page 17
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 20: Condominiumization Approved
Condominiumization of units, including the parking spaces to be provided in the Mixed -
Use Building, to define separate ownership interests within either Lot of the Subdivision
is hereby approved by the City of Aspen, subject to recordation of a condominiumization
plat in compliance with the current (at the time of condo plat submission) plat
requirements of the City's Community Development Department.
Section 21:
This ordinance is conditioned upon approval of the proposed Conditional Settlement
Agreement (scheduled for the same hearing date). All of the conditions and agreements set
forth in the Conditional Settlement Agreement are incorporated herein in full by this
reference.
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 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 an authorized entity. The Aspen Art Museum has represented that no
public funds will be required for the construction or operation of the museum.
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: Public Hearing A public hearing on this Ordinance was held on the 2 nd day of
August 2010 in the City Council Chambers; 130 South Galena Street; Aspen, Colorado.
[signatures on following page]
Ordinance No. 16, Series of 2010 Page 18
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 12' day of July, 2010.
Michael C. Ireland, Mayor
FINALLY, adopted, passed and approved this 2 day of 2010.
Approved as to form:
i
tjoh orces er, City Attorney
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Michael C. Ire and, Mayor
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Exhibit A: Architectural plans and renderings dated July 30, 2010.
Ordinance No. 16, Series of 2010 Page 19
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a
ORDINANCE NO. 16 as envisioned herein.
(SERIES OF 2010)
h A description of the financial assurances l0 be provided by each Lot owner securing the ability of the owner to compete the improvement
AN ORDINANCE OF THE CITYOFASPEN CITY COUNCIL APPROVING A SUBDIVISION, COMMERCIAL DESIGN REVIEW. on its respective lot end to ensure the City can recover each lot at the site as described in Sections 4 and 5 of this Ordinance
GROWTH MANAGEMENT ALLOCATIONS, AND A SITE SPECIFIC DEVELOPMENT PLAN FOR THE ASPEN ART MUSEUM
SUBDIVISION, CURRENTLY ADDRESSED AS 307 S. SPRING STREET AND 625 E. HYMAN AVENUE, ALSO KNOWN AS THE Upon recordation of the Subdivision Plat and the Master Development Agreement, the continuing obligations burdening each of the owners of Mt
WEDIERSTUBE PROPERTY, LOTS D -1, BLOCK 100, CITY AND TOWNSITF. OF ASPEN, PITKIN COUNTY, COLORADO. two (2) subdivided lots shall be separate and distinct and shall not be dependent upon the other, except as specified in the MDA. Conversely, the
benefits enuring to each lot shall be separate and distinct and not inclusive of those of the other.
PARCEL NO. 2737-182-25(003
PARCEL NO. 2737- 182 -25 -004 Both parcels shall retain the current Commercial (CI) zoning designation and are not rezoned by operation of this Ordinance If for any reason, the
owner of either Lot does not Cary forward development of their Lot as permitted herein, the owner shall have the right to bring forward anothe,
WHEREAS, the Community Development Department received an application from 633 Spring II. I.LC, requesting approval of Commercial development proposal for any building or use consistent with the Commercial (CI) zone district allowances and limitations, as may be amender
Design Review. Growth Management Reviews, Multi -year Development Allotments, Condominiumization, and Subdivision to constant a three- from time to time.
story mixed use building on the properties located at 307 S. Spring Sheet and 625 E. Hyman Avenue, Lots D-1, Block 100, City and Townsite of
Aspen: and, Section Y Individual Subdivision Anvements and Development Plane
Within one (1) year following the date of final adoption of this Ordinance by the City Council, the owner f each individual lot within the subdivisior
WHEREAS, the subject property is approximately 18,000 square feet and are located in the Commercial (C -O Zone District; and, shall prepare, execute and record a Subdivision Agreement and Development Plans Inc its respective Lot. These individual Agreements and Plans
may be recorded at the same time or at different times, as the respecIne developers may determine to be appropriate she Subdivision Agree em
WHEREAS, upon review of the application, and the applicable code standards, the Community Development Depammert recommended the and Development Plans for each lot shall include the following infomatiom
Planning and Zoning Commission deny the Applicant's rW for multi year development allotments finding That the current design and massing
did not meet the standards for an exceptional protect e to obtain mull year development allotments: and. a. An illustrative site plan of the individual project depicting the proposed improvements and the approved dimensional requirements.
WHEREAS, the City of Aspen Planing and Zoning C s passed Resolution 28, Series 2006 granting certain land use approvals and b. A drawing(s) representing the d d l project's .h t t I character, which demonstrates the general architectural character of the
recommending in favor of the project to City Council; and, building and depicts mutenals fenestration. projections, and dimensions and locations of elevator shaft heads mechanical equipment and areas 01
the rooftop which are accessible.
WHEREAS, the City Council conducted public hearing on January 22" 2007, Febmary 12 ", 2007, and February 26 ", 2007, and took public tie -ins to the G drainage comment on Ordinance No. 49, Series of2006, and on February 26 2007 the Aspen City Council did not approve Ordinance No 49, Series of 2006, a A grading and drainage plan for the individual propeny,w which may include City's gesyst em.
by a rwoto one (2 -1) vote, Multi-Year Development Allotments, and Subdivision for the development of three-story. mixed use building on Lots D-1.
Block 100 City and lowasite of Aspen; and. d. A landscape implementation plan enforceable by the City guaranteeing the initial establishment and ongoing maintenance of landscape
WHEREAS, during a regular City Council meeting on Febraay 2 the Aspen City Council voted to reconsider the project on April 23" ,2007 improvements within the lot and on public pmpertyns may he assigned to the iadividuelLot through the MDA.
bya two (2)to one (I) vote; cud,
e. An exterior lighting plan meeting the require mans of Sect1o1 26575.1 50 of the land Ilse Code.
WHEREAS, on April 1I'", 2007 the Applicant amended their application to "renew" their growth management request to request five (5) Free- f The Impact Pees for individual Lot owner as may be assigned h the MDA.
Market Residential Allotments under the Growth Management Review 'Free -Market Residential Units within a Mixed -Use Pject sepmmely from pat Y gne Y
the approvals received in Resolution 28, Series oft Wfi: and g. Cost estimates for public improvements unique to the individual Lot or as may be assigned to that Lot by the MDA.
WHEREAS, the Community Development Director reviewed the amended application and recommended approval of the five (5) Free -Market securing inn to the individual rot or as assigned b
Residential Growth Management Allotments, finding that application met the standards fur such a review and recommended approval of the request h. A description u fthe financial assurances to be provided g the public provement s unique g by flu
a d MDA.
WHEREAS, doling a duly noticed public hearing on June 52007 the Planning and Z g C ission approved Resolution N. 20 Series of Section 4 Financial 4ssuraure. Ferformanee Bond
2007, by a five to zero (5-0) vote approving with conditions, a Growth Management Review for hie (5) Fm -M' k t Residential Units in Mixed Ilse The Master Development Agreement shall provide that before Building P t is issued for M1 development of either Lot, the owner of sae
Development for the development of a Jere story mixed use building on Lots D-1, Block 100 City and Towne te of and, Lot shall provide to the City Building Depot t and the City An y for d approval satisfactory d e that the owner has in place
sufficient financing to omplish and complete the construction of the development on that 1.ot covered by the building peen t and any public
WHEREAS, during a duly noticed public hexing on February' 11, 2008, continued from August 13 ", 2007, August 27, 2009 October 9.2007, ,
p ments on that t identified within the Subdivision Agreement for that Lot or as assigned TO that lot under the MDA an
Such financing may
November 12,2007, December 32007 and January 28, 2008, W Aspen City Council failed to adopt Ordinance No. 29 Series of 2007 by a two to include, without limitation, construction loan from an institutional lender or lenders and equity capital investments from the owner or third party
one (2-1) vote. Following such vote, a motion to deny Ordinance No. 29, Series of 2007, was adopted by a three to zero (3-0) vote; and investors or contributors.
WHEREAS, following the denial of the application, the applicants timely fled a complaint p tto CRC 17 106 requerting that the District Court Supporting cost estimates f ll improvements covered by the requested Building Permit shall be prepared by the owner's General Contractor ant
review the adoptonofOrdinance 29 (Series of2007) alleging that he City exceeded its jurisdiction and abused in discretion in denying the request of shall be delivered to the City Building Department for review and approval before the Building Permit is issued
the applicant to subdivide the subject property; and, The Master Develo t Agreement shall further provide that before a Building Permit is issued for development of either Lot. the owner of rein purest 6rccmen Pmvi g P
WHEREAS, the City of Aspen has defended such lawsuit and has denied that he Commil - seeal of the application was an abuse of discretion or that Lot shall provide to the City Building Department and the City Attorney for review and approval a copy of a Performance Bond issued or committee
the City Council exceeded its jurisdiction; and to be issued to the owners General Contractor by an institutional surety company pursuant to which the surety agrees to provide the finials necessary
to complete the cmutnction of the improvements covered by the building permit and any public improvements on that Lot identified within the
WHEREAS, on June 3. 200& the Pitkin County District Court denied Plaintiffs appeal of City Council's denial of the subdivision request of 633 Subdivision Agreement for that Lot or as assigned to that LM under the MI)A -'Ibe Perfomance Bond shell name the owner and the Ciry of Asper
Spring Sheet; and as additional beneficiaries or insureds thereunder to grant to either or both of them a direct right of action under the Performance Bond in order m
construct or finish public improvements, and to complete the construction of the improvement covered by the Balding Permit.
WHEREAS, 633 Spring Sheet timely filed a Notice of Appeal in the Colorado Court of Appeals, which is currently pending; rod.
Shinn 5. Site Protection Fund
WHEREAS, as pan of the litigation and appeat the patties entered into settlement discussions regarding the complete resolution of the litigation a nd The Mater Development Agreement shall provide that before Building Permit is ued for the development of either Lot the Lot owner oil
the development application; and. deposit with a title umpany(Escrow Agent) the sun of S100,000 hi the fomnf cash or wired funds (the - Escrow Funds") and will execute an
Escrow Agreement and Instructions with the Escrow Agent which recites and agrees as follows:
WHEREAS, counsel for the parties base set forth the trims of the agreement to scale the litigation and all necessary development approvals F 'm In t7" oem mm un
nsncti work on the development 0(an individw for Lot shall cease r siAy (60) days longer ( k sto g toafinal
inspection cud b the City of the work authorized y he w
Fodation'SlmcWml Frame Pernik on the Lot then the City iits discretionme prior
awn the
WHEREAS, , the Aspen An Museum meets the definition eland i an Essential Public F I
Facility as dented and provided for in the City '
of Aspen Land E Funds from t time to time as needed for purposes ofprotecting d - gin i d improvements City damage by the elements sad/.
Use Code; and, from trespass by unauthorized persons. and for purposes of improving the site afcondition such that it does not become an attractive nuisance
or otherwise pose a threat to neighbors or other persons.
WHEREAS, the Aspen Art Museum invited the public to meet with museum staff to discuss the proposal, team about the Architect, l ea the The G 1 remaining balance he returned lo Applicant u the d f a final ins
redrmg and the project model through aseries of open homes at City Hall addmingm holm at the museum from July 8" through August 2s; The authorized
Escrow by s al
Funds t- rvRininggalance thereof shall l Project
b etpp1 ican upon completion by City pect iono fthe work
WHEREAS. City staff and Art Museum staff have meet or have offered to meet individually with surrounding property owners and buswss owners The City shall be a named third party beneficiary of the Escrow Agreement with the express right and authority to enforce the same from timetc
about the proposal; and, time.
WHEREAS, the Aspen City Council has c -dad considered the development proposal under the applicable proosions of the Municipal Code Section buildings nrovedD Jen1ional RQuirements and Limitation t nd attached as Exhibit to this Ordinance, tom 1 with the existing dwcwiona
asdentified M1ervm, has reviewed and considered the recommendation of the Ptaming and Zoning C six with gard t the nginal development Se e gs as Pan dated comp war g
proposal. the Community Development Director. applicable referral agencies and has taken axid considered public comment at a public heamg held requirements of the Commercial CI zone district as modified below. Compliance with these requirements will be verified by the Ciry of Asper
on August 2, 2010; and Zoning Officer at time of building pennil submittal.
WHEREAS, the City Conseil finds that the proposed development meets applicable development standards and that the approval of the proposal, Lutl. As An Museum. The following dimensions are approved for Lot l:
with conditions. and approval of the settlement apemen is consistent with the goals and elements of the Aspen Area Community Plan and a Minimum lot Size 10,500 squat feet
WHEREAS, the City Council finds that this Orduunce fathers and is necessary for the promotion of public health. safety and welfare. b, Minimum Lot Width 105 feet
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF IRE CITY OF ASPEN AS FOLLOWS:
c. Minimum Front Yard Setback 0 feet -Hyman Avenue
Section l' Subdivision Approval
d. Minimum Side Yard Setback 0 feet - Spring Street
Pursuant m the procedures and standards set Pooh in Section 26 of the City of Aspen Municipal Code, the Aspen City Council hereby approves a
Subdivision of the property. at 307 South Spring Street, Block 100, Lots F, G H, 1 and 625 East Hyman Avenue, Block 100, Lots D. E, City and e. Minimum Rem Yard Setback 0 feet -Alley
Townsite of Aspen. CO to develop a two lot subdivision each with a newly constructed building as follows:
f Minimum Trash/Recycle Area To be internalized within the structure as pan of the loading area
Aspen Art Museum Subdivision: Lot 1 - The Aspen Art Museum Lots I, H, G and the easterly 15 feet of Lot F, Block 100, City and
Townsite of Aspen containing one building intended to house an essential public facility of 26,250 square feet of floor area for use by the Aspen An g. Maximum Building Height 47 feet (see note on height)
Museum. h. Minimum Pedestrian Amenity Accommodated with rooftop and pedestrian improvements to right-of-way
ry.pace pazcessan piles provemev
Aspen Art Museum Subdivision: Lot 2 - Mixed-Use Building. Lots D and E, and the westerly 15 feet of Lot F, Block 100. City and Maximum Allowable Floor Area 26,500 square feet note four area)
Townsite of Aspen containing one mixed use building consisting of one (D or two Q) free -market residential units, and 11,250 square feet of floor t. quare (see no a ov
area for commercial urea 3. Maximum Net Leasable Commercial Area 2,500 square feet
Within one-hundred -eighty (180) days year followvg the date of final adoption of this Ordinance- by the City Council, the applicant shell prepare' k Maximum Net Leasable Admire. Area 3,500 squire feet
execute and record a Subdivision Plat The Subdivision Plat shall depict the creation of two lots as described above.
1. Minimum Off-Street Parking Spaces 0
Contemporaneously with the recording of the Subdivision Plat and pursuant o the procedures and standards set forth in Tile 26 of the City of Aspen Intl Mixed-Ilse ByBdlpg- The fallowing dimensions are approved for Lot 2:
Municipal Code, the comers of bah lots (Applicant) shall record a Master Development Agreement (Is A) that meets the requirements of Land Use
Code Section 26.480, Subdivision, wi h n 180 days of this approval. The MDA shall no contain any terms that contradict or change the terms of the Minimum Lot Siff 7,500 square feet
Conditional Settlement Agreement between to Applicant and the City
of Aspen or the of this Ordinance. The owners of the lands within the a '
subdivision shall prepare, execute and record a MDA which sets forth a description of the subdivision improvements and other amenities required to
be accomplished by each parry within the subdivision as may be assigned to a Lot owner, including the following: b. Minimum Lot Width 75 feet
a. APublic Utility and Drainage Plan for all land within and affected by the Subdivision. The plan stall meet the standards of the City Engineer c. Minimum Front Yard Setback 0 feet - Hyman Avenue
and City utility agencies. Any off -site improvements shall be specified. d. Minimum Side Yard Setback 0 feet - East and West
property lime.
b. A basic sidewalk improvement plan for each property slowing all improvements normally required for new development under the City Minimum Rea Yard Setback 0 feet -Alley
of Aspen Land Use Code, melding sidewalks, curb and gutter, and landscaping in the fight -of -way requirements found in Chapter 21.20 of the e '
Municipal Code. f Minimum Trash/Recycle Area Alley frontage of 20 linear feet with a 10 foot vertical clearance and a 10 foot depth.
c. Optionally, a Pedestrian Enhancement Plan may be developed as a mutual effort of the Aspen Art Musem and the City of Aspen to Maximum Building Height 28 feet for 2-story elements, 38 feet for 3 -story elements. (see note on height)
complement to Art Musem structure. This plan shall show the following elements: g 8 gh
I. All designs, materials, finish grading and profiles for improvements to Hyman Avenue and Spring Street. h. Minimum Pedestrian Amenity Space As represented with set -back areas along Hyman Avenue.
2. A Landscape Plan showing designs and materials for the public pedestrian areas including location, amount, and species of landscape n. Maximum Allowable Floor Area 15,000 square feet
improvements including street Ones and other plant types, including any movable planters or pots,
j. Maximo® Comment& Floor Area 11,250 square feet
3. An irrigation Plan for landscape improvements, k. Maximum Commercial Net LeasableArea9 ,700 square feet
• 4. Cost estimates for the implementation ofthe Plan; and,
I. Maximum Residential Floor Area 3,750 square feet (see note on floor area)
•
5. A description of when the improvements will be implemented (i.e. in phases concurrent with development of the individual Lots or on Maximum Residential Net Livable Area 3,500 square feet total. The limit on individual unit she shall not apply.
an independent schedule) and a description of how these obligations shall be allocated to each individual Lot rim
er. M.
•
The plan shall be jointly approved by the Owners of Lots l and 2, the City Engineer, the City Parks Director, and the City Community Development n. Residential Units 2 wits , which may be combined (see rote).
Director. Improvements on private properly do rot need to be represented on this plan. The plan shall demonstrate how these impovements can be Minimmn Off -Steer Parkin S 2
implemented w concurrent conerent with development of the individual lots. The MDA shall include - e a description of how these obligations shall be ° g �e4
allocated to each individual Lm owner. Slight adjustments to the dimensions represented above may occur upon review ofa building permit as long as the resulting dimensions do not enter
Harty pony does not agree to the design or finding of the Pedestrian Enhancement plan, the basic sidewalk improvement plan shall be implemented those approved through this ordinance or as otherwise allowed in the Cl Zone District, as may be amended from time m time. During the pend
Completion of this Pedestrian E plan shall not be required as a pre - requisite for the submission of a Building Permit Application by statutory vested rights all dimensions shall be calculated as described herein Where not specifically addressed herein dimensions shall be calcdatec
tithe property. as provided in the Land Use Code in effect at the time of adoption of this ordinance.
d. Cost estimates for public improvements described in the Subdivision Plat and MDA Development Plans, and a description of how these Comb me Res denial Units'
obligations shall be allocated to each individual Lot owner. The two residential units within Lot 2 may be combined into one unit, or vice versa, as an administrative amendment by the Community Development
Director with no requirement for a Transferable Development Right.
e. A Hauling Agreement f the project to house employees as pe ifi d in Section of tni rdinance and a description of how these obligations
shall be allocated to each Individual Lot owner. H
f. A summary of the and Impact Fees for the entire project (bcth L t) d a description of how those fee obligations shall he allocated to each For purposes of calculating the maximum height for development within this bdi the highest point of the finished grade level of the
individual Lot owner- sidewalk on Hyman Avenue immediately adjacent to each lot shall he used as the ground elevation
g A description of the continuing obligations which may burden a Lot within the subdivision in the event that the other I.ot is not developed
On Lot kl, mechanical equipment, the integrated solar paneVroof membrane, elevator apparatus, and interior and exterior facade treatments, and Section 14: Saniftioa District Reaufremeote
furnishings i may extend over the height limit specified above by 5 feet, for a total of47 feet. Artwork may extend over the height limit. A railing The following comments and requirements are based on the July 8 Review Committee meeting. ACSD can comment in greaten
nary for rooftop or balcony access may wend above the height limit specified above by an amount necessary for building code compliance if detail once detailed plans have been submitted to the District.
50% or more of the railing is transparent. All ether architectural and mechanical appurtenances may extend over the specified maximum height limit
as permitted in the Land Use Code in effect al the time of building permit submission 1. Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office.
On Lot 42, mechanical equipment may wend over the height limit specified above by 5 feet if setback from a Street -facing facade a minimum of 15 2. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are nn
feet or setback from the Street a minimum of 30 feet. A stair enclosure necessary for roof-top access may extend up to 10 feet over the height limit connected to the sanitary sewer system_
specified above if setback from a Street- facing facade a minimum of 15 feet or setback from the Street a minimum of 30 feet. Arailing necessary for
rooftop or balcony access may extend above the height limit specified above by an omo=t necessary for building code compliance if50 %or more 3. On -site utility plans require approval by ACSD_
' of the railing is transparent. All other architectural and mechanical appurtenances may extend over the specified maximum height limit as permitted
in the Land Use Code in effect at the time of building permit submission_ 4. Oil and Grease ivk S (NOT traps) are required for all food processing establishment. Locations of fool processing shall be
Floor Area:
identified prior to building permit.
For the purposes of calculating t c Floor Area for the Art Museum Building on Lot 1, the measurement shall be from the exterior sheathing or weather 5. Oil and Sand separators are required for parking garages and vehicle maintenance establishments.
bather of all interim conditioned areas of the building and shall exclude all areas which are enclosed or penally enclosed by the exterior facade fi. Driveway entrance drains must draw to drywalls.
treatment threw area are not conditioned.
For the purposes of calculating the Floor Area for the mixed -use building on Lot k2, 100% of the circulation space shall be attributed to the 7. Elevator shafts drains must flow tau o/s interceptor
commercial uses. The on -site parking spaces shall be attributed to the commercial Floor Area, but not restricted in use.
8. Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements.
All other aspects of Floor Area for buildings within this subdivision shall be according to the allowances and limitations of the Land Use Code in
effect at time of building permit submission. 9. Below wade de velopme nt may require installation of a pumping system.
Setbacks: 111 One tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single
For the purposes of calculating the Setbacks for the Art Museum Building on Lot I, the measurement shall be from the outermost exterior facade service line.
treatment
II. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD when
S j92plyinglitu soli and hard landscaping may impact public ROW or easements to be dedicated to the district.
Park Developmentlm•• iFee
Pursuant o Land Use Code Section 26610. Park Development Impact Fee each Lot shall pay an impact f prior to building permit ssuance_ The 12. All ACSD fees must be paid prior to the issuance of a building permit Peg in our office can develop an estimate for this project once
fee shall be calculated according to the fee schedule in Land Use Code Section 26610.090, Current Impact Fees, in place at the time of building detailed plans have been made available to the district.
permit. For the Aspen Art Museum the calculation shall be based on the net leasable associated with the bookstore afe gift shop, and the
administratise offices. The galleries loading dock and similar area are exempt. Costs ts f physical improvements to the right-of-way to create a 13 Where additional development would produce flows that would exceed the planned reserve patty of the existing system ( collectior
better pedesman environment. street frees and safe pdeshian crossings shall be credited towards reducing this impact fee as detemained and agreed system and or treatment system) an additional pmporlimate f will be assessed to eliminate the downstream collection system or treatment capacity
to n the Master Development Agreement constraint. Additional proportionate fees would be collected overtime from all development in the area of concern in order to ford the improvemen
needed.
r itt iaf vlme,ace Tee
Pursuant to Land Use Code Section 26610, TDMAir Qualifg Lot shall pay an impact lee prior to building petmn issuance The fee shall be 14. Where additional development would produce flows that would overwhelm the planed capacity of the existing collection system and re
calculated according to the fee schedule in Land U Code Section 26.610.090, Current Impact Fees, in place at the time of building permit. For treatment facility, the development will be assessed fees to covet the costs of replacing the entire portion of the system that would be overwhelmed
the Aspen Art Museum, the calculation shall be based on the net leasable area associated with the bookstore. cafe, gift shop, and the administrative The District would hind the costs of constructing reserve capacity in the area of concem (only for the material cost difference for line)_
offices. The galleries loading dock and similar areas are exempt. Costs of physical improvements to the fight-of-way to create a better pedestrian
environment, street trees and safe pedeamon crossings shall be credited towards reducing this impact fee as determined and agreed to in the Master 15. Glycol heating and snow melt systems must be designed to prohibit and discharge of glycol to any Wnion of the public and private
Development Agreement sanitary sewer system. The glycol storage areas must have approved comawment facilities.
School fonds Dedication 16. The applicant will be required to fwd a proportionate share of approximately. 300 feet of the mein line replacement of the existing
Pursuant to Land Use Code Section 26620, School Land Dedication. each Lot shall pay an impact fee prior to building permit issuance_ The fee sanitary sewn system in the alley nom Spring St. to Hunter St to serve this project. Allocation of this expense between Lot 1 and Lot 2 shall be
shall be calculated according to the lee schedule in Land Use Code Section 26. 620. 090, Current Land Dedication and lash -in -Lieu Fees, in place specified in the MDA_
at the time of building permit. The Aspen School District may waive or reduce the dedication fee in light of the Aspen Mn Museum's educational
programming and benefits to the community. This decision shall be at the sole discretion of the Aspen School District and any decision shall be O. Soil Nails are not allowed in the public ROW above ASCD main sewer litres and within 3 feet vertically below an ACSD mein sewer
included in the Master Development Agreement. line.
Pedestrian Amenity Fee I8_ Applicants civil engineer will be required to submit existing and proposed flow calculations.
Pursuant to Land Use Code Section 26.575.030, Pedestrian Amenity, the Applicant would typically be required to provide 25% of each Lot as a
Section 15: Parity Department RenNwmml
pedestrian amenity space or pay a cash -in -lieu f Considering the provision of on -site pedestrian amenity space and the extensive improvements
contemplated to the Hyman Avenue and Spring Street rights -of -way, no fee shall be due
1. Landscaping i the public ght of way is subject to landscaping w the ROW reffinements, Chapter 2120 There shall be no plantings wirer
W W Canal ( E lam Fee the City ROW which not approved first by the City Parks Department. Building permit plans shall show compliance with these requirements by
Parrs t to M pal Code Section 2.12051 051 Engineering Depart r fees. the Applicant shall pay a Right of Way encroachment me mire to way of e Car review and irrigation, and locations tree trench preparation and designs subject to approval from the City Forester, 920-5120. A plan
building permit - The f hall be calculated according to the fee hed time de in place at the of building permit Costs of physical n required approval'
impm emena e nv to the right-of-way to create a better pedestrian iron ment, street trees safe pedestrian crossings, and the chug to utility or
drainage in/in to a such improvement shall be credited towards educing this impact fee as determined and agreed to in the 2. Rigbtofiway requirements require adequate irrigation pressure and overage, if a system is not in place one will need to be added.
Master Development Agent.
3. An approved tree removal permit will be required before any demolition or access infrastructure work takes place. Please contact the City
Pedestrian Plan Contribution Forester at 920 -5120. -
The Museum Art Musm share of any Park Development Impact Fee, TDM/AaI l fo
Quality impact pedestrian amenity fee, and right of way q Tree protection lances must he in place and inspecte d by the City Forester, 920-5120, before any construction activities commence. Tree
encroacliment fee are estimated to total approximately $375,000. The cost of these impact fees shall be waived by the City in lieu ofa $375,000 protection fencing will be required on the West and South sides of the property line.
contribution to the City of Aspen for the completion ofa pedestnan improvement plan for Hyman Avenue.
In the event the City is unable to implement such a plan in a timely manner, the Aspen Ant Museum shall install, at it sole cost, the basic street, curb, 5. Noexcavation, storage ofmamrial4 storage of construction backfill, and storage of equipment. foot or vehicle traffic allowed outside of the
gutter, sidewalk and landscaping improvements as required under the Municipal Code and the sum total of the aforementioned fees stall be reduced tree Protemiun [axing Thant should healoeation and standard for this fencing denoted on the plan
commensurate with the eon of said improvements.
$xlPOn 16: Fsterior 1 tehtimg Re j,ement8
Bwldne Permit Feu All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26575.150, Outdoor
Building Permit Fees for the Aspen Art Museum shall be waived. Lighting. Requirements for individual fixture type, configuration, and performance shall be met. however, facade design and materials (soh at
translucent or transparent materials), and lighting effects for exterior and/or exhibit spaces, may be propped subject to review by the Community
Development director for compliance with the intent of Section 26575.150 to avoid light pollution and adverse impacts on other properties.
Sxtn 8: Rmnfvee (:aeration and Mitigation
The existing commercial building contains 5,595 square feet of net leasable commercial space. The Art Museum is hereby exempt from employee Sgrtinn 17 Public Imoonvrmgng
housing mitigation as an essential public facility. The new mixed-use building contains commercial net leasable space w exert of that which A Certificate of Occupancy (CO) or a Conditional Certificate of Occupancy (CCO) for either Lot shall not be issued for that particular Lot anti:
urrently exists on the property Following is the calculation of the affordable housing requirement and the manner in which it is propose to be all public Improvements as specified in the Subdivision Agreement for thin particular Lot or as may be assigned to that Lot wrier the Masten
provided. Development Agreement have been completed.
Mi ed-1 B ldi g M' 1 The failure ofone lot owner to complete public improvements for which it has been assigned responsibility wader the Master Development Agreemcm
4,600 sf x 4.1 FTEs/1,000 s.f. = 18.36 FThn x 60% mitigation =1132 FTES shall not prevent the ovaer of the other lot from obtaining a certificate of occupancy or conditional cenificate of occupancy for its respective lot.
Mixed -Use Building Second Floor Icve bislinaltistitctAnasadoutak
5,100 s.f x 3.075 CFCs/1,000 s.f. =15 68 FTEs x 60°4 mitigation = 9.41 FTES Substantive amendments to the project within the paid of statutory vested rights shall be reviewed by the Community Development Directed
and forwarded to City Council for final consideration. Insubstantial amendments as allowed herein or which represent no or limited change to the
Credit from ExintmgMiuldwv character of the project shall be reviewed by the Community Development Director frfinat consideration. After the period of statutory vested right
5,595 s f x 4.1 FTE,41,000 s f =22 94 FTES x 60°4 mitigation =1176 FTE eXPVes, amendments to the project shall be reviewed according to the procedures of the Land Use Code, unless otherwise specified herein.
132 s 9.41 -13.76 =6.97 employees to be housed by the project Section 19 Vntd RM$II
The development approvals grated herein shell constitute a site - specific development plan vested for a period of five (5) years from the date of
issuance of contribute aiCity tyr, f ed e provide loos imi� to ha fit 6.97 n cmp� to house 6 empl oyees c �a n autici pated that this to be Phase
forfeiture of said v pm m rights. Unlace any exempted p d �neudd flue to properly record all plats and agreements required to be
Two of the Pal o pm affordable boos tinmamowt races ore
Burlingame Ranch affoaable Musing project, but a different City affordable housing project maybe substituted in wink or in part, by recorded' as specified herein, shall also result w the Serfeiaue of said vested property rights and shall render the development other void within f
mimeo agreement of We applicant and the City A t ttni droomwit plm Iwo bedroom plow one -hdmom unit together raaai es Musivg fora B of Section 26.10E050 (Void permits). Zoning that is not part of the approved site - specific development plan shall not W
t result in e creator
total of 7 employees. The MDA shall nethe timinug g and method for meeting m
this housing requirement, including reasobk contingencies for of a vested prep tynigh,.
satisfying this requirement through a payment-in-lieu.
No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as net font in Nis
SMlpn 9 CmwlhhLuaeement Ought SVVtem Alfimeng Ordinance, the City Clerk shell 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 ofa site specific development plan and creation ofa vested property right pursuant to this The
Such notice shall be substantially in the following form:
The following Growth Management allotments are hereby granted to the Project.
a Residential Free-Market Units Maximum (the Mixed-Use Building tice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property
g may opt to have only one unit) right, valid fora period of five (5) years, pursuant to the Land Use Cede of the City of Aspen and Title 24, Article 68, Colorado
Revised Sts,n t tes, pertaining to the following described property: Lots 1 and 2 of AspenArt Museum Subdivision.
b. Commercial Net Leasable, Mixed-Use Building - 4,105 square feet (accounts for existing credit of 5,595 s.L)
Nothing evel
rtens this approval shall exempt the opmen toNerfrom subsequent reviews andapprovals requited by this approval of the general rules
c l
Commercial Net Leasable, Art Museum -2,500 square feet and museum shop) regulations and ordinances or the City of Aspen potdded that such tevievrs and approvals are not inconsistent with this approval.
d. Commercial Net Leasable. Art Museum - 3,500 square feet (administration offices) The approval grand hereby shall be subject to all rights of referendum and judicial review, the period of time permitted by law for the exercise 01
such fights shall not begin to run until the date of publication of the noble of final development approval as required under Section 26304.070(A)
leslialtalstifomulumelittalatiag The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter.
The owner of each Lot shall attend a pre -construction meeting with the City Stuff prior to submission of a building permit application. This
meeting shall include the general contractor, the architect producing the construction drawings, and representatives from the Building, Engineering $ectio 20: CondeminiumizationAttorov4 k ownership and Community Develop Departments. Development Deparents. The intent of this meeting is to ensure clarity around submission requirements, requirements of this Condomwtumast f is including die provided m the Mixed-Use Buil drag, to define e parking spaces to be sepam p interests Mdir
ordinance, and permit issuance timeframes. either Lot of the Subdivision is hereby approved by the City of Aspen, subject to recordation of a condomiuiumiration plat in compliance with the
current (at the time of condo plat submission) plat requirements of the City's Community Development Department.
Section 11: Bgildine PermitAuDJkatian
The Applicant may not submit a Building Permit Application until the reglements in Land Use Code Section 26.304.075, Building Permit, S S 21
fulfilled. The building permit application shall include e following: All of the conditions and agreements set forth in the Conditional Settlement Agreement. attached hereto asExhibit A, are incorporated herein in fill
by this reference.
a. A copy of this Ordinance.
'Section 22:
b. The conditions of approval printed on the cover page of the building permit set. All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether v
public hearing or documentation presented ben We City Council, am hereby incorporated in such plan development approvals and the same shall 00
c A fugitive dust control plan to be reviewed and approved by the City Engineering Department. compiled win as if fully set forth herein, index amended by an auihonud cnlity.
d. An excavationstabilirtlion plan, construction management plan (CMP), and drainage and soils report pursuant to the Building Department's $4tBVnld:
requirements. The e Ch@ shall include an identification of construction hauling routes, construction phasing, and a construction traffic and parking ' isordinance shall rat affect any existing litigation and shall rant operate as an abaament of any action or proeeeding now pending =der or by virtue 01
plan for a
or review and approval by the City Engineer and Streets Department Superintendent. The Cliff shall also identify that the adjacent sidewalks the ordinances reald m pe amended as pov
herein idd, and the sane shall be condued end coreludd order suck rehes.
closed intermittently n and d maintai d throughout construction. Staging area will be identified in the plan, and shall indicate that the alley may only be par o mc
wring construction with notice to inc property owners relying on alley access. 5siu24i
If any section, subsection, sentence, cause, phrase, or portion of this otdinmse is for any reason held invalid or unconstitutional in a court of competent
a Accessibility and ADA requirements shall meet adopted building code requirements. jurisdiction, such portion shall be deemed a separate, distinct and independent pmvisi= and shall not affect the validity of the remaining portion
thereof
f The approved Master Utility and Drainage Plan, the Right-of -Way and Pedestrian Plan, and the Landscape Plan.
Section TA -Public Horsing A public hearing on this Ordinance will be held on the 2° day of August 2010 in the City Council Chamben; 130 Sol
Section 12: FNrior Materiak TRIER Galena Street; Aspen, Colorado.
For Lot i - the Aspen Art Museum - the Chief Building Official may withhold issuance ofa building permit, or a phase thereof, for any time
necessary to ensure the proposed extenor building materials, building and suucMal systems, fabrication methods, weather protection methods, INTRODUCED, READ AND ORDERED PUBLISHED as pmvidd by law, by the City Council oft c City of Aspen on the 12° day of July 2010.
fire protection methods, or other reasonable concerns of the exterior materials filly meet the standard of the International Building Code and the
International Fire Code to the satisfaction of the Chief Building Official and the Fire Marshall, including any unique conditions that exist or may arise
given the local climate and the nature of the proposed budding and use. The Chief Building Official may require special testing or other verification Mkhael C. Inland, Mayon
to ensure compliance will be achieved. ATTEST:
Station It- Water Dr-owl Reauiremeng
The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of title 8 (Water Kalryn 0 . Koch, City and -
conservation and Plumbing Advisory. Code) of the Aspen Municipal Code, as required by the City of Aspen Water Depmment Each of the wits
within the mired -use balding shall have individual water meters_ Published in the Aspen Times Weekly on July 18. 2010.
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