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HomeMy WebLinkAboutordinance.council.005-12 RECEPTION #: 586790, 02/17/2012 at 10:34:13 AM, 1 OF 24, R $126.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO ORDINANCE #5 (Series of 2012) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING HISTORIC LANDMARK DESIGNATION, SUBDIVISION, GROWTH MANAGEMENT REVIEW, CONCEPTUAL COMMERCIAL DESIGN REVIEW, BENEFITS THROUGH THE ASPENMODERN PROGRAM, AND A SITE SPECIFIC DEVELOPMENT PLAN FOR THE PROPERTIES LOCATED AT 517 EAST HYMAN AVENUE, 521 EAST HYMAN AVENUE, AND THE PARKING LOT ON THE CORNER OF HUNTER AND HYMAN STREETS, LEGALLY DESCRIBED AS LOTS E - I, BLOCK 95, INCLUDING UNITS 1, 2 AND THE COMMON AREA OF THE BENTON BUILDING CONDOMIUMUMS, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID NUMBERS: 2737 - 182 -54 -001 2737 - 182 -54 -002 2737- 182 -54 -800 2737 - 182 -24 -002 2737 - 182 -24 -004 WHEREAS, the applicant, Aspen Core Ventures, LLC, represented by Stan Clauson Associates, Inc., submitted an application, pursuant to Section 26.415.025(C), AspenModern Properties, of the Aspen Municipal Code, to voluntarily participate in the AspenModern ninety -day negotiation period for the properties located at 517 East Hyman Avenue (Lot E, Block 95) (the "Little Annie's Building "), 521 East Hyman Avenue (Units 1 and 2 of the Benton Building Condominium, aka Lot F, Block 95) (the "Benton Building ") and the parking lot located at the southwest corner of Hunter ant Hyman Streets (Lots G, H and I Block 95); and WHEREAS, the subject properties are located within the designated boundaries of the Commercial Core Historic District as described in City Council Ordinance number 49, series of 1974; and WHEREAS, the applicant submitted a letter dated November 29, 2011 requesting that the City and the applicant negotiate the possible voluntary designation of the Little Annie's and Benton Buildings to add them as individual landmarks to the Aspen Inventory of Historic Landmark Sites and Structures in exchange for specific benefits through the AspenModern program; and WHEREAS, pursuant to §26.415.025.C(1), the ninety -day AspenModern negotiation commenced on November 29, 2011; and WHEREAS, §26.415.025.C(1)(b) states that, during the negotiation period, "the Community Development Director shall confer with the Historic Preservation Commission, during a public meeting, regarding the proposed building permit and the nature of the property. The property owner shall be provided notice of this meeting;" and 517 and 521 E. Hyman Avenue Ordinance #5, Series of 2012 Page 1 of 15 WHEREAS, the property owners' representative met with the Historic Preservation Commission (the HPC) on December 7, 2011, and December 14, 2011; and WHEREAS, at their regular meeting on December 14, 2011, the HPC considered the application; found that 517 E. Hyman Avenue was a "best" example of Rustic style; and that 521 E. Hyman was a "better" example of Organic /Wrightian style; evaluated the designation and proposed development; and, found that the policy objectives for the historic preservation program stated at §26.415.010, Purpose and Intent are met, and recommended City Council ( "Council ") approval of Historic Landmark Designation, Conceptual Commercial Design Review and requested benefits and fee waivers as stated in HPC Resolution numbered 16, 17 and 18, Series of 2011; and WHEREAS, §26.415.025.C(1)(d), states that, during the negotiation period, "Council may negotiate directly with the property owner or may choose to direct the Community Development Director, or other City staff as necessary, to negotiate with the property owner to reach a mutually acceptable agreement for the designation of the property "; and WHEREAS, the property owner's representative met with City Council during their regular meeting on January 9, 2012 at which time City Council voted four to one to negotiate for landmark designation and appointed two City Council representatives to meet directly with the property owner regarding the negotiations; and WHEREAS, the two City Council representatives appointed by City Council met with the property owner and Community Development Staff regarding negotiations; and WHEREAS, the property owner, the Community Development Director, City staff, and the two City Council representatives designated by City Council to negotiate with the property owner have directed City staff to prepare an ordinance containing the terms of a proposed mutually acceptable agreement for the designation of the properties for approval or disapproval pursuant to §26.415.030D(4); and WHEREAS, §26.415.025.C(1)d establishes that "as part of the mutually acceptable agreement, . the City Council may, at its sole discretion, approve any land use entitlement or fee waiver permitted by the Municipal Code and may award any approval that is assigned to another Board or Commission, including variations; "and WHEREAS, the property owner requests voluntary Landmark Designation - §26.415.030(C), AspenModern; Subdivision review - §26.480.040(C) Subdivisions; Growth Management review - §26.470.070(1); Enlargement of an historic landmark for commercial, lodge or mixed use development; Certificate of Appropriateness for Major Development Conceptual - §26.415.070(D)(3); Conceptual Development Plan Review; and, Conceptual Commercial Design Review - §26.412.040(A)(2), Conceptual Design Review; all to be consolidated with the AspenModern ninety -day negotiation process and reviewed by City Council; and 517 and 521 E. Hyman Avenue Ordinance #5, Series of 2012 Page 2 of 15 WHEREAS, in addition to Historic Landmark Designation, Subdivision, Growth Management, Certificate of Appropriateness for Major Development Conceptual, and Conceptual Commercial Design Review the applicant had identified preservation incentives that are requested as part of the AspenModern negotiation process in a letter dated November 30, 2011. Those incentives requested include: the ability to construct a 7,500 square feet floor area free market residential unit; acknowledgement that the housing mitigation required for the new mixed use building will be satisfied by the preservation and remodeling of the Benton Building and the preservation of the Little Annie's Building; acknowledgement that the commercial parking requirement would be satisfied by the preservation and remodeling activities described above; a waiver of Park Development Fees and Air Quality /Transportation Demand Management fees; and, a reduction of required Public Amenity space from 1,500 sq. ft. to 405 sq. ft. and a waiver of public amenity cash in lieu fee; and WHEREAS, the Community Development Department performed an analysis of the application including Landmark Designation, Subdivision Review, Growth Management Review, Certificate of Appropriateness for Major Development Conceptual Review, and Commercial Design Standard Conceptual Review and found that the review standards are met. The staff report analyzed the proposed preservation incentives and monetary value of the benefits where possible; and WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AS FOLLOWS: Section 1: Approvals and Project Phasing: a. Approvals. Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves Historic Designation, Subdivision, Growth Management Review, Certificate of Appropriateness for Major Development Conceptual, Commercial Design Review Conceptual and a site specific development plan subject to the conditions described herein. b. Project Phasing. The applicant shall be permitted to restore the Benton Building and complete the construction of the mixed use addition during different construction phases for the overall project approved by this Ordinance. All mitigation requirements stated in this Ordinance, with the exception of the off -site affordable housing unit, shall be due and payable at the time of issuance of a building permit for the mixed use addition. 517 and 521 E. Hyman Avenue Ordinance #5, Series of 2012 Page 3 of 15 Section 2: Historic Landmark Designation Historic landmark designation is granted for 517 East Hyman Avenue (Lot E, Block 95) aka "Little Annie's ", 521 East Hyman Avenue (Units 1 and 2 of the Benton Building Condominium, Lot F, Block 95) aka "the Benton Building." The historic landmark designation encompasses the entire newly created 15,000 square feet parcel legally described as Lots E, F, G, H and I, Block 95, City and Townsite of Aspen, Colorado. Moreover, the property owner has committed to a restoration of the facade and other important exterior elements of the Benton Building, as shown on the plans dated February 13, 2012. Upon the effective date of this ordinance, the City Clerk shall record with the real estate records of the Clerk and Recorder of the County, a certified copy of this ordinance. The location of the historic landmark property designated by this ordinance shall be indicated on the official maps of the City that are maintained by the Community Development Department. Section 3: Subdivision Pursuant to the procedures and standards set forth in Title 26 of the City of Aspen Municipal Code, the Aspen City Council hereby approves Subdivision of the properties located at 517 East Hyman Avenue (Lot E, Block 95), 521 East Hyman Avenue (Units 1 and 2 of the Benton Building Condominium, aka Lot F, Block 95) and the parking lot located at the southwest corner of Hunter and Hyman Streets (Lots G, H and I, Block 95) to merge the lots into one lot as follows: AspenCore, Lot 1 — Lots E, F, G, H, and I of Block 95, City and Townsite of Aspen containing two buildings including: 1) a mixed use building that includes an addition to 521 East Hyman Avenue aka "the Benton Building" and 2) a one story commercial building at 517 East Hyman Avenue aka "Little Annie's." A final Subdivision Plat and Subdivision Agreement that meets the requirements of Land Use Code § 26.480, Subdivision, shall be recorded in the Pitkin County Clerk and Recorder's Office within 180 days of the receipt of a Certificate of Appropriateness for Major Development by the Historic Preservation Commission. A building permit may be submitted prior to the recordation of the Subdivision Plat and Agreement, but may not be issued until said Plat and Agreement are recorded. Subdivision Agreement shall include at a minimum the following information: 1. An illustrative site plan of the project depicting the proposed improvement and the approved dimensional requirements. 2. A grading and drainage plan for the property. 3. Approved landscape plan. 4. Pedestrian enhancement plan. 5. Commitment to complete or actual completion of the restoration of the Benton Building pursuant to plans dated February 13, 2012 prior to receiving a certificate of occupancy or a conditional certificate of occupancy for any portion of the new mixed use building. 6. Commitment to provide $2 million toward the Benton Building (interior, exterior, soft costs and hard costs, including restoration of the facade) and a process to account for the funds. Applicant shall restore Benton Building to its original appearance and contribute at 517 and 521 E. Hyman Avenue Ordinance #5, Series of 2012 Page 4 of 15 least $2 million towards the Benton Building. If restoration costs less than $2 million, then the remainder of the funds goes to the City for Historic Preservation efforts. 7. Commitment to complete all Public Improvements. Section 4: Financial Assurances Before the Applicant is issued a Building Permit for the mixed use addition to the Benton Building the Applicant shall provide to the Community Development Department the following: a. Cost Estimates. Applicant's General Contractor shall cause to be prepared, and certified as correct, cost estimates for all improvements or development for which a Building Permit js required. The cost estimates for the Public Improvements described herein at Section 18 shall be reviewed and approved by the City Engineer. The cost estimates for the implementation and maintenance of the landscape plan described herein at Section 13 shall be reviewed and approved by the Parks Department. The cost estimates for all other improvements and development in the Subdivision shall be reviewed and approved by the Building Department. Cost estimates for the landscape plan and the Public Improvements shall be shown separately from the cost estimates for all other improvements and development of the Project. Owner shall be responsible for the implementation and maintenance of the landscape plan and construction and installation of all Public Improvements required by this Ordinance. b. Public Improvements and Landscaping Guarantees. Pursuant to and in conformance with the requirements of § 26.480.070(C) & (D) and § 26.445.070 (C)(3) & (4) of the Aspen Municipal Code; and, in order to secure the performance of the obligations of the Applicant to implement and maintain the Landscape Plan and to ensure the installation of the Public Improvements, Applicant shall provide a guarantee of no less than one hundred and twenty five percent (125 %) of the estimated cost of such Landscape Plan and Public Improvements, as determined and approved in subsection (a), above. The guarantee to implement and maintain the Landscape Plan and to complete Public Improvements shall be made by depositing with the City an irrevocable letter of credit with provisions as hereinafter set forth, or by providing such other security that may be acceptable to the City attorney. If an irrevocable letter of credit is used, the irrevocable letter of credit shall be retained by the City until satisfaction of Applicant's obligations under this Section or earlier released by the City. The letter of credit shall be issued by a financial institution doing business in Aspen, Colorado, or such other bank as shall be approved by the City; shall have an expiration date no earlier than two years after its date of issue; and shall provide that it may be drawn upon from time to time by the City in such amount or amounts as the City may designate as justified, such amounts not to exceed, in the aggregate, the amount of the letter of credit. Draws under any such letter of credit shall be by a certificate signed by the City Manager of the City of Aspen, or his designee, stating that the City is entitled to draw the specified amount under the terms of this Section. 517 and 521 E. Hyman Avenue Ordinance #5, Series of 2012 Page 5of15 c. Other Improvements and Development. With respect to all other improvements or development within the Project, the Applicant shall provide evidence satisfactory to the Community Development Department and the City Attorney's Office that the Applicant has in place sufficient financing to accomplish and complete all the development for which a Building Permit is sought. Such financing may include, without limitation, a construction loan from an institutional lender or lenders and equity capital investments from the Applicant or third party investors. The City Attorney shall have sole discretion in determining if the proposed financing as advanced by the Applicant is sufficient to complete the development activity for which a Building Permit is sought. d. Financial Assurances for Completion of the Project. The Applicant further commits and agrees that before any Building Permit (including demolition, access /infrastructure, and/or site preparation permits) is issued for the Project approved by this Ordinance, the Applicant 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 Applicant'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 all public improvements required under the Subdivision/PUD Agreement, or by providing such other security that may be acceptable to the City attorney. If a Performance Bond is used, the Performance Bond shall name the Applicant 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 improvements covered by the Building Permit. Section 5: Site Protection Fund The Applicant hereby commits and agrees that before any Building Permit (including demolition, access /infrastructure, and/or site preparation permits) is issued for the Project approved by this Ordinance, the Applicant shall deposit with Pitkin County Title, Inc. ( "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 Project 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 Project, 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 Project site and improvements from damage by the elements and/or from trespass by unauthorized persons, and for purposes of improving the Project site to a safe condition such that it does not become an attractive nuisance or otherwise pose a threat to neighbors or other persons." 517 and 521 E. Hyman Avenue Ordinance #5, Series of 2012 Page 6 of 15 The Escrow Funds or any remaining balance thereof shall be returned to Applicant upon completion by the City of a final inspection of the work authorized by the Foundation/Structural Frame Permit on the Project. Section 6: Approved Dimensional Requirements The buildings as presented in the plans dated February 13, 2012 and attached as Exhibit A to this Ordinance comply with the effective dimensional allowances and limitations of the Commercial Core (CC) zone district as modified below. Compliance with these requirements shall be verified by the City of Aspen Zoning Officer at the time of building permit submittal. The following dimensions are approved: Minimum Lot Size: 15,000 square feet Minimum Lot Width: 150 feet Minimum Front Yard Setback: 0 feet — Hyman Avenue Minimum Side Yard Setback: 0 feet — Hunter Street Minimum Rear Yard Setback: 0 feet — Alley Minimum Trash/Recycle Area: Alley frontage of 23 linear feet with 10 feet vertical clearance and 10 feet deep Maximum Building Height: 41 feet for three story elements Minimum Pedestrian Amenity: Accommodated partially onsite and with the completion of a Pedestrian Improvement Plan as described in § 7 herein. Maximum Allowable Floor Area: 33,005 square feet Maximum Commercial Floor Area: 24,055 square feet Maximum Net Leasable Commercial Area: 22,153 square feet Maximum Residential Floor Area: 8,950 square feet total free market residential allocated as follows: 6,950 square feet for Unit 1 and 2,000 square feet for Unit 2 Maximum Residential Net Livable Area: 7,605 square feet total: 6,063 square feet for Unit 1 and 1,542 square feet for Unit 2 517 and 521 E. Hyman Avenue Ordinance #5, Series of 2012 Page 7 of 15 Residential Units: 2 units Minimum Off - Street Parking Spaces: 3 spaces Minor 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. Decks are approved as shown in the plans attached as Exhibit A dated February 13, 2012. If an application is submitted by the owner, the residential floor area and residential net livable area described above for Unit 1 may be divided into two units through an administrative approval by the Community Development Director. The residential floor area and residential net livable area described above may not be increased without approval by City Council. Growth Management mitigation for the third free market residential unit is required and shall be in the form of a cash in lieu payment calculated at the time of building permit submittal for the third unit. Section 7: Affordable Restaurant Deed Restriction: The site currently occupied by Little Annie's Restaurant (the "Restaurant Site ") shall be restricted in perpetuity by a deed restriction approved by the city Attorney and thereafter recorded with the Clerk and Recorder's Office of Pitkin County so that the Restaurant Site may be used only for the operation of a "low- priced restaurant" (as hereinafter defined). Future rent for the Restaurant Site shall not exceed rent for the current year, as adjusted each calendar year thereafter by an amount equal to the percentage increase, if any, in the CPI -U, U.S. City Average, All Items, (1982 -84 =100) Consumer Price Index (the "CPI "), over the CPI in effect for the month and year of the effective date of this ordinance. For purposes of this paragraph, the term "low - priced restaurant" means a restaurant offering menu items priced not more expensively, on a relative basis when compared to other sit down restaurants in Aspen, Colorado, than the current menu prices. A copy of the current menu prices at the Restaurant Site shall be kept and maintained by the City of Aspen Community Development Department which shall constitute conclusive evidence of the current menu prices. Any other uses, including other uses allowed in the CC Zone District as a matter of right, or any greater increases in rent shall be permitted only upon the agreement of the Owner and the City. The deed restriction shall be recorded prior to granting a certificate of occupancy for the mixed use addition. The applicant shall make a reasonable good faith effort to find a tenant for the space. Section 8: Impact and Development Fees: Public Amenity Space The open space in front of the Benton Building qualifies as Public Amenity space and meets a portion of the requirement. Pursuant to Land Use Code Subsection 26.575.030.c.2, Public Amenity, the Applicant commits to provide the remaining 7.3% of the public amenity requirement off -site through the completion of a pedestrian improvement plan. The pedestrian improvement plan shall provide extensive improvements to the Hyman and Hunter Streets right -of -ways and is subject to approval by the Parks, Community Development and Engineering Departments. The improvements shall be installed at the cost of the Applicant and shall be in addition to the basic street, curb, gutter, sidewalk and landscaping improvements required under the Municipal Code. 517 and 521 E. Hyman Avenue Ordinance #5, Series of 2012 Page 8 of 15 The property owner has agreed to undertake an architectural study to see if it is reasonably possible to provide accessibility in accordance with Building Code requirements to the Little Annie's building without disrupting existing restaurant operations. Parks Development and Air Oualitv/TDM Impact Fees Pursuant to Land Use Code § 26.610.030, Exemptions, development involving a property listed on the Aspen Inventory of Historic Landmark Sites and Structures is exempt from the Parks Development and Air Quality /TDM Impact Fees. School Lands Dedication Before the Applicant is issued a Building Permit, the Applicant shall pay a fee -in -lieu of land dedication pursuant to Chapter 26.620, School Lands Dedication. The amount of the fee shall be calculated by the Community Development Department using the calculation method and fee schedule in effect at the time the applicant submits a Building Permit. Parking Pursuant to Land Use Code § 26.515, Parking, new net leasable area is required to mitigate parking impacts either through onsite spaces or cash in lieu. The Applicant agrees to pay the following cash in lieu fee prior to the building permit issuance: 15,859 sq. ft. net leasable/ 1,000 sq. ft. = 15.8 parking spaces required 15.8 spaces required — 3 onsite spaces provided = 12.8 parking spaces 12.8 x $30,000 /space = $384,000 An increase to the 15,859 square feet of net leasable area described above shall require additional cash in lieu payment according to the above methodology. Section 9: Employee Generation and Mitigation The existing net leasable calculation for both the Benton Building (521 E. Hyman Avenue) and Little Annie's (517 E. Hyman Avenue) is 7,505 square feet. City Council hereby grants a credit of commercial net leasable for the preservation of these buildings. Pursuant to Chapter 26.470, Growth Management, of the Aspen Land Use Code historic landmarks are eligible for growth management benefits. As such the two free market residential units are permitted without affordable housing mitigation for the historic preservation of two buildings. Following is a calculation of the affordable housing requirement and the manner in which it is proposed to be provided. Existing Commercial Net Leasable Calculation: Benton Building Main Level 2,375 x 4.1 FTEs /1,000 s.f. = 9.7375 FTEs 517 and 521 E. Hyman Avenue Ordinance #5, Series of 2012 Page 9 of 15 Benton Building Upper Floors: 2,670 x 3.075 FTEs /1,000 s.f. = 8.21025 FTEs Total Benton Building existing net leasable = 17.94775 FTEs Little Annie's Main Level 2,460 x 4.1 FTEs /1,000 s.f. = 10.086 FTEs Preservation credit for existing net leasable 17.94775 +10.086 = 28.03375 FTEs New Commercial Net Leasable Calculation: Main Level (6,096 x 4.1 FTEs) /1,000 sq. ft. = 24.9936 FTEs Upper Floors and Basement Level (9,763 x 3.075)/1,000 s.f. = 30.021225 FTEs Total new commercial net leasable = 55.014825 FTEs Calculation for the enlargement of a historic landmark for mixed use development: 55.014825 — 28.03375 = 26.981075 Total FTEs The first 4 employees require 0 mitigation; 2 landmarks means the first 8 employees require 0 mitigation: 0 FTEs generated for first 8 employees. The second 4 employees require mitigation at 30 %; 2 landmarks means the second 8 employees require 30% mitigation 8 x 30% = 2.4 FTEs generated for the second 8 employees. The remaining employees are mitigated at 60 %. 26.981075 — (2 x 8) = 10.981075 10.981075 x 60% = 6.588645 FTEs 0 + 2.4 + 6.588645 = 8.988645 employees to be housed by this project. The project is required to provide housing mitigation to house 9 employees, and has represented a commitment to pay cash in lieu for approximately 80% of the total mitigation, 7.25 FTEs, which equals (7.25 x $139,890) = $1,014,202.50 and approximately 20% of the total mitigation, 1.75 FTEs, shall be provided in the form of an offsite unit or affordable housing credits. 517 and 521 E. Hyman Avenue Ordinance #5, Series of 2012 Page l0 of 15 The offsite unit shall meet the requirements of the Aspen Pitkin County Housing Authority Guidelines and shall be deed restricted in accordance with Aspen Pitkin County Housing Authority requirements at Category 4 or lower. A Certificate of Occupancy shall be granted and a deed restriction shall be recorded for the offsite housing unit prior to the issuance of a Certificate of Occupancy or a Conditional Certificate of Occupancy for the mixed use addition. If applicable, affordable housing credits shall be extinguished prior to a Certificate of Occupancy for the mixed use addition. Section 10: 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 — 15,859 square feet Section 11: Design Review Conceptual Commercial Design Review and Certificate of Appropriateness for Major Development Conceptual including mass, scale and height of the project is hereby granted as presented in the plans dated February 13, 2012 attached as Exhibit A to the Ordinance. Final Commercial Design Review as described in Land Use Code § 26.412, Commercial Design Review, and a Certificate of Appropriateness for Major Development Final as described in Land Use Code § 26.415.070 Development involving designated historic properties, are required to be granted by the Historic Preservation Commission prior to the issuance of a Development Order. Section 12: Building Permit The applicant may not submit a Building Permit Application, with the exception of a building permit for the Benton Building exterior restoration and interior remodel, until the requirements in Land Use Code § 26.304.075, Building Permit, are fulfilled. The building permit application shall include the following: 1. A copy of the Development Order issued by the Community Development Department (see § 26.304.075(A)(2), City of Aspen Municipal Code.) 2. A copy of the final City Council Ordinance and HPC Resolutions. 3. The conditions of approval shall be printed on the cover page of the Building Permit set. 4. A fugitive dust control plan to be reviewed and approved by the City Engineering Department. 5. An excavation - stabilization plan, construction management plan (CMP), drainage and soils report pursuant to Engineering and Building Department requirements. 6. A grading report pursuant to Engineering Department requirements. 7. Accessiblity and ANSI requirements shall meet adopted Building Code requirements. 8. Evidence that the landscape plan received approval from the Parks Department. 9. Evidence that the cost estimates for the landscaping plan and Public Improvements received approval from the Community Development Department. 10. Evidence that the Financial Assurances and Site Protection Fund commitments, set forth at Section 4 & 5 above, have been met. • 517 and 521 E. Hyman Avenue Ordinance #5, Series of 2012 Page 11 of 15 Section 13: Engineering The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21, Title 28, and all construction and excavation standards published by the Engineering Department. A construction management plan must be submitted in conjunction with the building permit application. A completed drainage report/plan as outlined in the Urban Runoff Management Plan shall be submitted and approved prior to recordation of Final Plat and building permit issuance for the mixed use addition. A complete grading report shall be submitted and approved prior to recordation of Final Plat. Failure to meet the standards in Title 21 and Title 28 may result in a physical change to the project and possible review by City Council and/or HPC to amend the design. Any transformers, telephone pedestals and any other above ground utility boxes will need to be located on the property instead of the ROW. Section 14: Parks 1. The Parks Department shall review and approve a Landscape Plan prior to building permit submittal for any phase of the project. 2. Landscaping in the public Right -of -way (ROW) shall be subject to landscaping in the Right -of -way requirements, Aspen Municipal Code Chapter 21.20. All plantings within the City Right -of -way must be approved by the City Parks Department prior to installation. 3. Right -of -way requirements necessitate adequate irrigation pressure and coverage, if a system is not in place one will need to be added. 4. An approved tree removal permit shall be required before any demolition or access infrastructure work occurs. Section 15: Fire Mitigation Before the Applicant is issued a Building Permit, the Applicant shall obtain the approval of the Fire Marshal of a Fire Protection Plan which shall include the following elements: 1. Compliance with all codes and requirements of the Aspen Fire Protection District 2. Sprinkler, fire alarms and carbon monoxide alarms are required. (IFC as amended Section 903 and 907). 3. Documentation that the proposed development has sufficient volume and pressure of water for the sprinklers or other fire suppression system adequate to satisfy the District's standards for the type of structures proposed by the approved development. This requirement shall be satisfied by an analysis acceptable to the Water Department which demonstrates system delivery capacity of existing water distribution system at the Water Departments' main water to the approved development of no less than 3,000 gallons per minute. 4. An overall access plan for the site. Section 16: Sanitation District Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. 517 and 521 E. Hyman Avenue Ordinance #5, Series of 2012 Page 12 of 15 • Section 17: Water Department 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 in place at the time of building permit submittal, as required by the City of Aspen Water Department. Each of the units within the mixed use building shall have individual water meters. Section 18: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code § 26.575.150, Outdoor Lighting. Section 19: Public Improvements The Applicant has agreed to perform certain Public Improvements and completion of said Public Improvements is hereby made a specific condition of the approval of this Ordinance. Applicant shall faithfully complete the Public Improvements listed below before the Applicant is issued a Certificate of Occupancy or a Conditional Certificate of Occupancy by the Building Department for the mixed use addition. The determination of satisfactory completion of the Public Improvements shall be within the sole discretion of the City Engineering or Building Departments. Applicant shall confirm its agreement to complete all Public Improvements in the Subdivision Agreement. The following are Public Improvements the Applicant has agreed to complete: a. compliance with the parks improvements, including a Landscape Plan, referenced in §14 herein, b. the public amenity requirement set forth at § 8 herein Section 20: Vested Rights The development approvals granted herein shall constitute a site - specific development plan and a vested property right pursuant to Land Use Code Section 26.308.011 attaching to and running with the Subject Property and shall confer upon the Applicant the right to undertake and complete the site specific development plan and use of said property under the terms and conditions of the site specific development plan including any approved amendments thereto. The vesting period of these vested property rights shall be for three (3) years which shall not begin to run until the date of the publications required to be made as set forth below. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of § 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. For purposes of this provision, the submission and acceptance of a building permit application for the restoration of the Benton Building as part of the enlargement of a historic landmark that is deemed complete by the Chief Building Inspector pursuant to Land 517 and 521 E. Hyman Avenue Ordinance #5, Series of 2012 Page 13 of 15 Use Code Section 26.304.075 shall prevent the expiration of the vested rights of the applicant and any related development orders under Land Use Code Section 26.304.070.D. No later than fourteen (14) days following final approval of 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 Chapter 26.308, Vested Property Rights. Pursuant to § 26.304.070(A), Development Orders, 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: 517 East Hyman Avenue (Lot E, Block 95), 521 East Hyman Avenue (Units 1 and 2 of the Benton Building Condominium, aka Lot F, Block 95) and the parking lot located at the southwest corner of Hunter and Hyman Streets (Lots G, H and I Block 95), by Ordinance of the City Council of the City of Aspen. Nothing in this approval shall exempt the Development Order from subsequent reviews and approvals required by this Ordinance of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this Ordinance. The vested rights granted hereby shall be subject to all rights of referendum and judicial review. The period of time permitted by law to exercise the right of referendum to refer to the electorate this Section of this Ordinance granting vested rights; or, to seek judicial review of the grant of vested rights shall not begin to run until the date of publication of the notice of final development approval as set forth above. The rights of referendum described herein shall be no greater than those set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 21: 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 Historic Preservation Commission or 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. Section 22: 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 23: 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 517 and 521 E. Hyman Avenue Ordinance #5, Series of 2012 Page 14 of 15 separate, 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 24: A public hearing on this ordinance shall be held on the 13 day of February, 2012, 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 be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 6 day of February, 2012. Michael . Ireland, May AT Sergi el•IL r _ �/ , k4!t A athryn Koch, ty Clerk FINALLY, adopted, passed and approved this 13 day of February, 2012. Michael C. Ireland, ayor . 40 . 24.40 ta, Kathryn Koch, City Clerk APPROVED AS TO FORM: C John Worcester, City Attorney Exhibit A: Plans representing dimensional requirements. 517 and 521 E. Hyman Avenue Ordinance #5, Series of 2012 Page 15 of 15 4 N f . s y , 1 Ftta I I y i p 1 1 1 1 0 I I I I � wC(E), 1 ■ . 0 i s311nun —_ 1 1 w ® a u 1 6 We- I P ® 5 i i D. ii I 1 t- ti hIthl I 1 Z ,, —' g w w a 11 o 1 1 I u U � ✓ O D u 1 I O U o 6 w ,i; p Z o o " rca r � ; III.JiJ w Y w a , N Ir ,, ,i I o , �I Al I l l y _ _ _ ,,p o o gg a LL © A 4u \ { ��i� f �' 4 — - — - — - 0 i s w C M LLB I 1 I L 1 i R 1 i I . 1 I a 1 3 L ti I I 1 I I 8 I 1 1 I I b 0 b o 0 . a Co i W 4 Y e i I N l7 ( C ? 0 Cr) O O I I I I I I • 0 __ h- - w i ____. El o - ---:: J L _ J I.i1 . MI 0 ' VI IIIIIIIIIC. I! - 0 z 1 1 0 . 0 1 w rz"� I u w o O V w m O N III re' � / .1 6 O O 1 I, Q U O rc I :IIQII w { {{ {111 II Z o 0 Illl 111 1th . .. _ _... �� i { { { {I�.o U. w al m t Z Ik �F 0) G G I I N S F- O Q z W © ! 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ORDINANCE #5 Rep: AT Legals LEGAL NOTICE ORDINANCE #5, 2012 PUBLIC HEARING • . Ordinance #5, Series of 2012. was adopted on first Lines: • 23 reading at the City- Council meeting February 6. 2012. This ordinance, if adopted, will approve a Depth: 1.93 landmark designation and benefits for 517 E. Hy- Columns: 1. man Avenue aka Little Annie's and 521 E. Hyman • - Avenue aka the Benton Building and a mixed use Discount: 0.00 addition on the vacant lot to the east through the AspenModern program . Subdivision. Growth Commission: 0.00 Management. and Design Reviews are also being considered. The public hearing on this ordinance Net: 0.00 is scheduled for February 13, 2012 at 5 PM, City Tax: 0.00 hall. 130 South Galena. To see the entire text. go to the city's legal notice • Total • vvebsite http://www,aspenpitkin.conpartments/Clerk/ Payment 0.00 - Legal-Notices/ If you would like a copy FAXed or e-mailed to you. • • call the city clerk's office, 429-2686. • Published in the Aspen Times Weekly on February 2. 2012. [7515069] Ad shown is not actual print size • • �(.6°4tONL"'Ct0= N Zv'-0-1, ., 'a7oao_ c m o d w n m to W E 2 o o�n To e m c LL WOLL_��m..omH� d m 'm .o Sarni o:` -`w.t.Em5m w E E VNy y9(Vaq;gN -' C m y Um3dwC'e�a2.2 0 y°m 3 N EaN E NU (» -$ O O D Z N O 25,1- O_ON 2 Nc9 '2 amOEy oa2Q o-.R rns' my G. ,a ON ..0 Npd(Dui-0,,0V C TC Ois, Nay e J W U C C m>O.,, 2 d :J A w Q N N 7 ZOLOV0LL .:_ LN N _N Er_ itil2 i0gEt— 4 Ol !..L 020,,10QP`.2.8... 3 gs . — \\\\\\\IIIII111/o, ve. EN-CtUjD.t,..=H t i.= nN \\\\&t .....Ooh, //,i��•• O..N!oEQmam2.. -U Q. �\ O --:"-.c,'"( Q Y d) _ C O a 14 z. 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