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Home My WebLink AboutLand Use Case.420 Durant Ave.0029.2015.ASLUASLU Development Documents 450 E. Durant St. 2737-182-21-851 1 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Justin Barker, 429.2797 DATE: 11/3/14 PROJECT: Rubey Park REPRESENTATIVE: Bluegreen REQUEST: Development Documents DESCRIPTION: The Applicant received PD approval (City Council Ordinance #22, Series of 2014 and HPC Resolution #29, Series of 2014) for a redevelopment of the property located at 450 E. Durant Street (Rubey Park). The conditions of approval in Resolution #29 specify the required recordation documents for Final Planned Development approval. The project currently has a deadline of April 15, 2015 to submit these documents (180 days from the date of issuance of a development order). If additional time is needed, the applicant may request an extension. All documents are reviewed administratively. No public hearings are required. In addition to Planning staff review, the City Attorney’s Office will review the recordation documents. Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.490 Approval Documents http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26-Land-Use-Code/ Review by: Staff for completeness and approval of documents Planning Fees: $975 for 3 hours of staff time. Any unbilled portion of this deposit will be refunded at the conclusion of the case. Additional staff hours, if needed, will be billed at $325 per hour. Referrals: City Attorney’s Office – no deposit, but time is billed at $325 per hour Total Deposit: $975 To apply, submit the following information:  Signed fee agreement.  Pre-application Conference Summary (this document).  Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner’s right to apply for the Development Application.  Applicant’s name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant.  HOA Compliance form (Attached) 2  Total deposit for review of the application.  Draft plans and agreement.  2 Copies of the complete application packet.  A digital copy of the application provided in pdf file format. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. December 9, 2013 VIA EMAIL Justin Barker Community Development Department 130 S. Galena St. Aspen, CO 81611 Dear Mr. Bendon: I was asked by Tyler Nielsen to provide an opinion regarding the ownership of property known as the Rubey Park in Aspen, Colorado, upon which the City proposes to redevelop the existing transportation facility. I have reviewed the documents associated with the acquisition and ownership of the subject property. I am an attorney licensed to practice law in the State of Colorado. Lots K, L, M, N, O, P, Q, R, S Block 90 in and to the City and Townsite of Aspen, Pitkin County, Colorado, the parcels upon which the Rubey Park Transportation Center currently sits, were acquired by the City of Aspen pursuant to a deed recorded in Book 251 at page 619 of the Real Property Records of Pitkin County, Colorado on October 3, 1970. The property has not been conveyed to any other person or entity. Thus, it is my opinion that the property upon which the City intends to remodel the existing Rubey Park Transportation Center is owned by the City of Aspen. There are no mortgages, judgments, liens, easements, or contracts affecting the parcel; and, the City of Aspen has the right to proceed with the development of this parcel. Thank you. Sincerely, Electronic copy: Original Signed by James R. True James R. True City Attorney Rubey Park Transit Center –Development Commitment Page 1 of 6 DEVELOPMENT COMMITMENT The CITY OF ASPEN, a Municipal Corporation, in its capacity as Developer of Rubey Park Transit Center (hereinafter referred to as “Developer”) hereby enters and commits to the following: WHEREAS, the Developer is the owner of the following described real property: Legal Description: Lots K, L, M, N, O, P, Q, R and S, Block 90, City and Townsite of Aspen, County of Pitkin, State of Colorado; commonly known as Rubey Park, 450 E. Durant Street, PID#2737‐182‐21‐851 WHEREAS, the property is zoned Public (PUB) with a Planned Development (PD) Overlay; and, WHEREAS, the property is located in the Commercial Core Historic District; and, WHEREAS, the Developer has recently been granted land use approvals for an essential public facility for the property commonly known as Rubey Park through Ordinance No. 22, Series of 2014. The project was previously recommended by the Planning and Zoning Commission for land use approval through Resolution No. 11, Series of 2014. WHEREAS, the Developer has recently been granted Historic Preservation Commission detailed planned development, final major development and final commercial design approvals for the property commonly known as Rubey Park through Resolution No. 29, Series of 2014. The project was previously granted conceptual HPC approvals through Resolution No. 5, Series of 2014. NOW THEREFORE, the Developer agrees as follows: The record owners of the lands within Rubey Park Transit Center hereby execute and record this Development Commitment meeting the requirements of Section 26.445.070 setting forth a description of the proposed improvements and obligations of the Developer: 1. The Developer will submit a detailed mechanical plan indicating exterior venting locations and designs will be submitted prior to building permit for review and approval by staff and monitor. (Condition of HPC approval/Resolution 29, Series of 2014) 2. The Developer will submit more details on the solar panels, including cutsheets and proposed layout, prior to building permit for review and approval by staff and monitor. (Condition of HPC approval/Resolution 29, Series of 2014) Rubey Park Transit Center –Development Commitment Page 2 of 6 3. The Developer will confirm the proposed landscape plan as all locally appropriate with the Parks Department prior to building permit issuance. (Condition of HPC approval/Resolution 29, Series of 2014) 4. The Developer will submit an approved plan set including all elevations, floor plans, and a detailed site plan to the Community Development Department within 180 days after the date of issuance of the Development Order. (Condition of HPC approval/Resolution 29, Series of 2014) 5. The Developer will initiate an employee audit to be conducted by an outside entity two years after Certificate of Occupancy, based on the same type of data used to arrive at the 0.18 employees upon which mitigation was waived. Any additional employees above the determined increase of 0.18 will be subject to future mitigation requirements. Any costs for this audit will be paid by the Developer. (Condition of City Council approval/Ordinance 22, Series of 2014) 6. The Developer will ensure that the final design will be compliant with all sections of the City of Aspen Municipal Code, Titles 21, 28 and 29. The design for the site will meet the Engineering Design Standards which includes the Urban Runoff Management Plan Requirements, Construction Mitigation Plan and Construction and Excavation Standards. (Condition of City Council approval/Ordinance 22, Series of 2014) 7. The Developer will replace portions of the sidewalks, curbs and gutters as part of this project. (Condition of City Council approval/Ordinance 22, Series of 2014) 8. The Developer will ensure that the project will meet all the codes and requirements of the Aspen Fire Protection District. This includes, but is not limited to, Fire Department Access (International Fire Code 2009 Edition Section 503), and the installation of approved fire sprinkler and fire alarm systems (IFC 2009 Sections 903 and 907 as amended). (Condition of City Council approval/Ordinance 22, Series of 2014) 9. The Developer will 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. Utility placement and design will meet adopted City of Aspen standards. (Condition of City Council approval/Ordinance 22, Series of 2014) 10. The Developer will comply with the Aspen Consolidated Sanitation District rules, regulations and specifications. (Condition of City Council approval/Ordinance 22, Series of 2014) Rubey Park Transit Center –Development Commitment Page 3 of 6 11. The Developer will ensure that all exterior lighting meets the requirements of the City’s Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150 Outdoor Lighting. (Condition of City Council approval/Ordinance 22, Series of 2014) 12. The Developer will ensure that the cottonwood tree on the northeast corner of Durant and Mill Streets is preserved, unless otherwise approved for removal by the Parks and Engineering Departments. (Condition of City Council approval/Ordinance 22, Series of 2014) 13. The Developer will ensure that a stub out is left to extend the snowmelt system in the future along the north sidewalk on Durant between Mill and Monarch Streets, or as agreed to by the Parks, Engineering and Transportation Departments. (Condition of City Council approval/Ordinance 22, Series of 2014) 14. The Developer will submit a detailed Sign Plan with the building permit application. All lighting for signage will be placed on a timer or sensor to be turned off when buses are not in operation. All future changes to the approved signage will comply with the Sign Code in effect at the time of the proposed change. If a proposed change does not comply with the Sign Code, an amendment to the Planned Development will be required. (Condition of City Council approval/Ordinance 22, Series of 2014) 15. The Developer will describe mitigation for parking, staging/encroachments and truck traffic in the plan set. (Condition of City Council approval/Ordinance 22, Series of 2014) 16. The Developer will ensure that the proposed temporary ticket/restroom/waiting facility is removed from the site prior to Certificate of Occupancy. (Condition of City Council approval/Ordinance 22, Series of 2014) 17. The Developer will pay any applicable impact fees and any fees associated with the land use applications for this project at building permit issuance. (Condition of City Council approval/Ordinance 22, Series of 2014) 18. The Developer will reconstruct Durant Street with associated sidewalks, curbing, signage, lighting, and drainage improvements as depicted in the final plan set. This obligation shall continue until the improvements are accepted by the City Engineer as complete and built to design specification, plus a one‐year guarantee period following completion of construction. Acceptance may occur in phases. The City Engineer may require repair or replacement of defective road, sidewalk, curbing, signage, lighting or road drainage facilities prior to the conclusion of the one‐year guarantee period. The City Engineer may require any temporary access or emergency access road to be stabilized, treated with dust suppressant, paved, overlaid, or otherwise upgraded or maintained as may be necessary to ensure adequate access, Rubey Park Transit Center –Development Commitment Page 4 of 6 safety, and to minimize erosion, tracking mud, dust, growth of noxious weeds, and other public health or nuisance issues. This obligation shall extend through construction and non‐ construction periods until all portions of the road system have been finally accepted as complete. 19. The Developer will install and/or relocate all utilities as depicted and described in the final plan set. This obligation shall continue until the improvements are accepted by the City Engineer and City Utilities and Environmental Initiatives Department (“City Utilities”) as complete and built to design specification, plus a one‐year guarantee period following completion of all utility construction and acceptance of all utility construction by the appropriate utility provider. Any utility not owned and operated by the City of Aspen shall require approval and acceptance by the appropriate utility provider. Acceptance may occur in phases that are deemed appropriate from an operational standpoint by the City Utilities and City Engineer (with regard to City‐owned utilities) and by the utility provider as to utilities not owned and operated by the City. The City Engineer or City Utilities may require repair or replacement, at the Developer’s cost, of defective municipal utilities prior to the conclusion of the one‐year guarantee period. 20. The Developer will install all drainage facilities as depicted in the final plan set or subsequent revision accepted by the City Engineer. This obligation shall continue until the improvements are accepted by the City Engineer as complete and built to design specification, plus a one‐year guarantee period following completion of construction. Acceptance may occur in phases. The City Engineer may require repair or replacement of defective drainage facilities prior to the conclusion of the one‐year guarantee period. 21. The Developer will install all common facilities improvements as depicted in the final plan set, including paving, trash/recycling facilities, site furnishings, and parking facilities. This obligation shall continue until the improvements are accepted by the City Building Department and City Engineer as complete and built to design specification, plus a one‐year guarantee period following completion of construction. Acceptance may occur in phases. 22. The Developer will install planting improvements as depicted and described in the final plan set. This obligation shall continue until the improvements are accepted by the Director of Parks & Open Space as complete and built to design specification, plus a one‐year landscape guarantee period following installation of the planting plan in its entirety to ensure success of the plantings. Acceptance may occur in phases. Landscape phasing is defined by the construction phasing and schedule as approved by Aspen City Council, and this will be communicated to all affected parties. The Agreement shall allow the Director of Parks & Open Space to require replacement of plantings as necessary prior to the conclusion of the one‐year guarantee period. The Developer is to provide an extended warranty for a period equal to the original warranty period for any replaced plant material. Rubey Park Transit Center –Development Commitment Page 5 of 6 23. The Developer will install the green roof system and plantings as depicted and described in the final plan set. This obligation shall continue until the improvements are accepted by the City Engineer and Director of Parks & Open Space as complete and built to design specification, plus a 20‐year manufacturer total system warranty with a two‐year thrive and coverage plant material warranty, effective from the date of plant installation. 24. Financial Assurances and Site Protection. In signing below, the Developer (via signature from the City Manager) confirms that the Developer has in place/or will have in place all necessary funding to accomplish and complete the construction of the improvements planned within this Project, including all structures, infrastructure, common facilities, and public improvements within the particular sub‐phase to be developed. In the event that construction work on Rubey Park Transit Center ceases for sixty (60) days or longer (‘work stoppage’) and such work stoppage not being the result of any event of force majeure, the Developer shall protect and secure the Project site and improvements from damage by the elements or from trespass by unauthorized persons and ensure the site remains in a safe condition such that it does not become an attractive nuisance or otherwise pose a threat to neighbors or other persons. Non‐ work periods planned over the winter non‐construction season do not constitute ‘work stoppage’ as defined by this clause, however the Developer confirms that necessary site protection, stormwater measures, site safety and appropriate protection from trespass or damage shall be installed. 25. Cross‐References. Cross‐references to recorded plats, approvals, and plan sets are attached as ‘Exhibit B’. 26. Building Permit Requirements. The following items shall be included in the application for building permit: a) A copy of the final Ordinance, recorded P&Z Resolution, and recorded HPC Resolutions. b) The conditions of approval printed on the cover page of the building permit set. c) A completed tap permit for service with the Aspen Consolidated Sanitation District. d) A compliant drainage plan. This includes detaining and providing water quality for the entire site. If the site chooses fee‐in‐lieu of detention (FIL), it can only be applied to existing impervious areas. All new impervious areas will need to discharge at historic rates. e) An excavation stabilization plan, construction management plan (CMP) and drainage and soils reports pursuant to the Building Department’s requirements. f) A fugitive dust control plan to be reviewed and approved by the Environmental Health Department. g) A detailed excavation plan for review and approval by the City Engineer. h) Accessibility and ADA requirements shall be addressed to satisfactorily meet adopted building codes. Rubey Park Transit Center –Development Commitment Page 6 of 6 i) A detailed Sign Plan that includes locations, sizes, materials and construction methods for each sign. THIS DEVELOPMENT COMMITMENT may be amended from time to time upon the approval of City Council. In the case that any language contained within this Development Commitment is in conflict with Ordinance #22, Series of 2014, or Resolution #29, Series of 2014, these approvals shall prevail. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date hereinafter written. Attest: __________________________ __________________________ Linda Manning, City Clerk Steve Barwick, City Manager Date: _____________________ Date: _____________________ Approved as to form: __________________________ James R. True, City Attorney Date: _____________________ EXHIBIT A Allocation of responsibilities/costs relating to construction at Rubey Park Transit Center. No. Item Capital Cost Coordinates maintenance tasks Pays for associated utility bills Pays for maintenance and capital replacement as needed 1 HVAC system R COA RFTA 50%/50% shared between RFTA and COA 2 Solar panel system R COA RFTA 50%/50% shared between RFTA and COA 3 Glazing R COA - 50%/50% shared between RFTA and COA 4 Drainage system (slot drains, dry wells, bioretention cleanouts, weirs, etc) R COA - 50%/50% shared between RFTA and COA 5 Irrigation system (includes programming, winterization) R COA RFTA 50%/50% shared between RFTA and COA 6 Snowmelt system R COA RFTA 50%/50% shared between RFTA and COA 7 Concrete surfaces (includes sealing, regular maintenance) R COA - 50%/50% shared between RFTA and COA 8 Street light fixtures R COA - 50%/50% shared between RFTA and COA 9 Sign fixtures R COA - 50%/50% shared between RFTA and COA 10 Kiosk sign panels R RFTA - 50%/50% shared between RFTA and COA 11 Orientation sign panels R RFTA - 50%/50% shared between RFTA and COA 12 Bus berth sign panels R RFTA - 50%/50% shared between RFTA and COA 13 Real time sign R RFTA - 50%/50% shared between RFTA and COA 14 Built-in furniture (benches) R COA - 50%/50% shared between RFTA and COA 15 Built-in furniture (bicycle racks, leaning rails) R COA - 50%/50% shared between RFTA and COA 16 Semi-permanent site furniture (newspaper kiosks, trash/recycling bins) R COA - 50%/50% shared between RFTA and COA 17 Movable site furniture R COA - 50%/50% shared between RFTA and COA 18 Green roof plantings/drainage R COA - 50%/50% shared between RFTA and COA 19 Green screen plantings R COA - 50%/50% shared between RFTA and COA 20 At-grade site plantings (trees/shrubs/perennials on platform, bioretention area) R COA - 50%/50% shared between RFTA and COA 21 Site lighting consumables R COA - 50%/50% shared between RFTA and COA 22 Sign lighting consumables R COA - 50%/50% shared between RFTA and COA 23 Exterior and interior IT-related equipment including signs R RFTA - RFTA 24 Irrigation water supply (if not addressed above) - - RFTA - 25 Electrical supply (if not addressed above) - - RFTA - 26 Gas supply (if not addressed above) - - RFTA - 27 Snow removal / road + alley (also referred to as 'circulation lane'; includes on-street vehicular parking) - COA - 50%/50% shared between RFTA and COA 28 Snow removal / platform ('platform' includes sidewalks adjacent to Rubey Park Transit Center buildings) - COA - 50%/50% shared between RFTA and COA 29 Snow removal / sidewalk -n/a; adjacent neighbors coordinate snow removal -n/a; adjacent neighbors pay for snow removal 30 Snow removal / bus parking aisles - RFTA - 50%/50% shared between RFTA and COA 31 Snow removal / solar panels - COA - 50%/50% shared between RFTA and COA 32 Trash removal service - exterior by COA/ interior by RFTA - exterior by COA/ interior by RFTA 33 Recycling service - exterior by COA/ interior by RFTA - exterior by COA/ interior by RFTA 34 Public restrooms R COA - 50%/50% shared between RFTA and COA Legend R=Rubey Park Transit Center Project Cost RFTA=Roaring Fork Transportation Authority COA=City of Aspen, department TBD P=Parks Department A=Asset Management S=Streets Department E=Electric Department T=Transportation Department EXHIBIT B Cross references of related documents. Document Description Plat Included with plan set Final Rubey Park Transit Center plan set Refer to Exhibit C for Table of Contents Approvals Ordinance No. 22, Series of 2014: Aspen City Council approves Planned Development Amendment for Project Review and Growth Management Review for an Essential Public Facility Resolution No. 11, Series of 2014: P+Z recommends approval of Planned Development Amendment for Project Review and Growth Management Review for an Essential Public Facility Resolution No. 29, Series of 2014: HPC grants Detailed Planned Development, Final Major Development and Final Commercial Design Approvals Resolution No. 5, Series of 2014: HPC grants Conceptual Major Development and Conceptual Commercial Design Approval EXHIBIT C Plan set index, dated 23 February 2015 Plat Cover Final Plat (1 of 2)Final Plat (1 of 2) Final Plat (2 of 2)Final Plat (2 of 2) Site Plan L200 Materials Plan A L201 Materials Plan B Architecture A2.1 Reference Plans A2.2 Reference Plans A2.3 Plans A2.4 Plans A3.1 Reference Elevations A3.2 Elevations: Waiting Room A3.3 Elevations: Waiting Room A3.4 Elevations: Administration A3.5 Elevations: Restroom Landscape L500 Planting Schedule L501 Planting Plan A L502 Planting Plan B L503 Green Roof L504 Details - Green Roof FINAL PLAT OF:RUBEY PARK TRANSIT STATION P.U.D.SITUATED IN THE NW QUARTER OF SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH PRINCIPAL MERIDIANCITY OF ASPEN, PITKIN COUNTY, COLORADOSHEET 1 OF 2NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGALACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARSAFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTIONBASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TENYEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.SOPRIS ENGINEERING - LLCCIVIL CONSULTANTS502 MAIN STREET, SUITE A3CARBONDALE, COLORADO 81623(970) 704-0311 SOPRISENG@SOPRISENG.COMCJB 13036 12/01/2014 13036_PLAT.dwgVICINITY MAPSCALE: 1" = 2000'SITENOTES:1. DATE OF SURVEY: APRIL-MAY 2013 & NOVEMBER 2014.2. DATE OF PREPARATION: DECEMBER 2014.3.BASIS OF BEARING: A BEARING OF N38°05'44”W BETWEEN THE FOUND NGA STATIONS S-159 AND Q-159 PER THE 2009 CITY OF ASPENMARCIN GPS CONTROL SURVEY WHICH ESTABLISHED A PROJECT BEARING BASE OF S74°17'42”E FROM THE SW CORNER OF BLOCK 96, AFOUND #5 REBAR AND 1.25” PLASTIC CAP, L.S. ILLEGIBLE, TO THE SE CORNER OF BLOCK 77, A FOUND BRASS DISK, L.S. #25947.4. BASIS OF SURVEY: THE OFFICIAL MAP OF THE CITY AND TOWNSITE OF ASPEN, COLORADO, PREPARED BY G.E. BUCHANAN IN 1959, VARIOUSDOCUMENTS OF RECORD , AND THE FOUND MONUMENTS, AS SHOWN.5. THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SOPRIS ENGINEERING, LLC (SE) TO DETERMINE OWNERSHIP OR EASEMENTS OFRECORD. FOR ALL INFORMATION REGARDING EASEMENTS, RIGHTS OF WAY AND/OR TITLE OF RECORD, SE RELIED UPON THE ABOVE SAIDPLATS DESCRIBED IN NOTE 5 AND THE PROFORMA TITLE REPORT PREPARED BY PITKIN COUNTY TITLE, INC. UNDER CASE NO. PCT 23764P,EFFECTIVE DATE MAY 7, 2013.6. BASIS OF ELEVATION: AN ELEVATION OF 7911.98' (NAVD 1988) ON THE NGS STATION “Q-159”, PER THE 2009 CITY OF ASPEN GPS CONTROLSURVEY. THIS ESTABLISHED THE LOCAL SITE BENCHMARK OF 7932.00' ON THE SW CORNER OF BLOCK 96, AS SHOWN HEREON.7. WAGNER PARK AND WHEELER OPERA HOUSE VIEW PLANES HAVE BEEN CALCULATED PER CITY OF ASPEN LAND USE CODE SEC. 26.435.050,MOUNTAIN VIEW PLANE REVIEW 2 AND 5. ELEVATION OF REFERENCE POINTS PER LAND USE CODE (NGVD29) HAS BEEN RAISED BY 5.31FEET TO BE CONSISTENT WITH THE BASIS IN NOTE 7 ABOVE.8. THIS PROPERTY IS SUBJECT TO THE TERMS AND CONDITIONS AS SET FORTH IN RESOLUTION OF THE CITY OF ASPEN HISTORIC PRESERVATIONCOMMISSION RECORDED AS RECEPTION NO. 608184 AS RESOLUTION 5 (SERIES OF 2014).9. THIS PROPERTY IS SUBJECT TO THE TERMS AND CONDITIONS AS SET FORTH IN RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONINGCOMMISSION RECORDED AS RECEPTION NO. 611995 AS RESOLUTION 11 (SERIES OF 2014).10. THIS PROPERTY IS SUBJECT TO THE PROVISIONS OF ORDINANCE NO. 22, SERIES 2014, RECORDED WITH THE PITKIN COUNTY CLERK ANDRECORDER AS RECEPTION NO. 613270.11. THIS PROPERTY IS SUBJECT TO THE TERMS AND CONDITIONS AS SET FORTH IN RESOLUTION OF THE CITY OF ASPEN HISTORIC PRESERVATIONCOMMISSION RECORDED AS RECEPTION NO. 614725 AS RESOLUTION 29 (SERIES OF 2014).CERTIFICATE OF OWNERSHIPKNOW ALL PERSONS BY THESE PRESENTS THAT THE UNDERSIGNEDBEING THE OWNER OF CERTAIN LANDS IN THE CITY AND TOWNSITE OFASPEN, PITKIN COUNTY, COLORADO, DESCRIBED AS FOLLOWS:RUBEY PARK TRANSIT FACILITY AND SPA DEVELOPMENT ACCORDINGTO THE PLAT THEREOF RECORDED FEBRUARY 10, 1996 IN PLAT BOOK39 AT PAGE 6 AS RECEPTION NO. 389705..ALSO DESCRIBED AS LOTS K, L, M, N, O, P, Q, R AND S, BLOCK 90, CITYAND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO.THE OWNER DOES HEREBY PLAT THIS REAL PROPERTY UNDER THENAME AND STYLE OF THE FINAL PLAT OF RUBEY PARK TRANSIT STATIONP.U.D., CITY OF ASPEN, PITKIN COUNTY, COLORADO.THE OWNER DOES HEREBY GRANT THE UTILITY EASEMENTS, SHOWNON SHEET 2 HEREOF, TO THE CITY OF ASPEN FOR THE PURPOSES SODESIGNATED.EXECUTED THIS ______ DAY OF ____________, 201_.THE CITY OF ASPEN,A MUNICIPAL CORPORATIONBY: __________________________________________STEVE SKADRON, MAYOR, CITY OF ASPEN, COLORADOC/O CITY OF ASPENCITY MANAGER'S OFFICE130 SOUTH GALENA STREETASPEN, COLORADO 81611ATTEST: ______________________________________KATHRYN S. KOCH, CITY CLERKTITLE CERTIFICATETHE UNDERSIGNED, A DULY-AUTHORIZED REPRESENTATIVE OF PITKINCOUNTY TITLE, INC. REGISTERED TO DO BUSINESS IN PITKIN COUNTY,COLORADO, DOES HEREBY CERTIFY, PURSUANT TO SECTION 20-15 (J)OF THE ASPEN MUNICIPAL CODE, THAT THE PERSON LISTED AS OWNERON THIS PLAT DOES HOLD FEE SIMPLE TITLE TO THE REAL PROPERTYDESCRIBED HEREIN, FREE AND CLEAR OF ALL LIENS ANDENCUMBRANCES EXCEPT THOSE LISTED ON THE PROFORMA TITLEREPORT PREPARED BY PITKIN COUNTY TITLE, INC. UNDER CASE NO. PCT23764P, EFFECTIVE DATE MAY 7, 2013. ALTHOUGH WE BELIEVE THEFACTS STATED ON THIS PLAT ARE TRUE, THIS CERTIFICATE IS NOT TO BECONSTRUED AS AN ABSTRACT OF TITLE, NOR AN OPINION OF TITLE,NOR A GUARANTY OF TITLE, AND IT IS UNDERSTOOD AND AGREEDTHAT PITKIN COUNTY TITLE, INC. NEITHER ASSUMES NOR WILL BECHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATEVERON ANY STATEMENT CONTAINED HEREIN.BY: ___________________________________ _____________TITLE: _________________________________ DATEPITKIN COUNTY TITLE, INC.601 E. HOPKINS, 3RD FLOORASPEN, CO 81611STATE OF COLORADO ))SSCOUNTY OF PITKIN )THE TITLE CERTIFICATE HEREON WAS ACKNOWLEDGED BEFORE METHIS ______ DAY OF ____________, 201_, BY ______________, AS___________ OF PITKIN COUNTY TITLE, INC.WITNESS MY HAND AND OFFICIAL SEAL.MY COMMISSION EXPIRES: ____________.________________________________________NOTARY PUBLICASPEN CITY COUNCIL APPROVALTHIS FINAL PLAT OF RUBEY PARK TRANSIT STATION P.U.D. WASAPPROVED BY THE CITY OF ASPEN CITY COUNCIL ON THIS ______ DAYOF ___________, 201_. BY ORDINANCE NO. 22, SERIES OF 2014,RECORDED IN THE OFFICE OF THE CLERK AND RECORDER OF PITKINCOUNTY, COLORADO, AS RECEPTION NO. 613270. THE DEDICATIONSAND EASEMENTS SHOWN HEREIN ARE HEREBY ACCEPTED.___________________________ __________STEVE SKADRON, MAYOR DATEATTEST: ________________________________________ KATHRYN S. KOCH, CITY CLERKCOMMUNITY DEVELOPMENT DIRECTOR APPROVALTHIS FINAL PLAT WAS APPROVED BY THE CITY PLANNING DIRECTOR OFTHE CITY OF ASPEN, COLORADO, THIS ______ DAY OF ___________,201_.SIGNED ______________________________________ CITY PLANNING DIRECTORCITY ENGINEER'S REVIEWTHIS FINAL PLAT WAS REVIEWED FOR THE DEPICTION OF THEENGINNERING DEPARTMENT SURVEY REQUIREMENTS THIS ______ DAYOF ___________, 201_.SIGNED _____________________________________ CITY ENGINEERSURVEYOR'S STATEMENTI, MARK S. BECKLER, A REGISTERED LAND SURVEYOR, DO HEREBYCERTIFY THAT I HAVE PREPARED THIS PLAT AS LAID OUT, PLATTED,DEDICATED AND SHOWN HEREON; THAT THE SAME IS BASED ON FIELDSURVEYS PERFORMED UNDER MY SUPERVISION; THAT THIS MEETS THEREQUIREMENTS OF A LAND SURVEY PLAT AS SET FORTH IN CRSSECTION 38-51-106; THE CONTROL PRECISION IS GREATER THAN 1 IN15,000.DATED_______________, 201___________________________MARK S. BECKLER L.S. NO. 28643CLERK AND RECORDER'S CERTIFICATETHIS PLAT WAS FILED FOR RECORDING IN THE OFFICE OF THE CLERKAND RECORDER OF PITKIN COUNTY, COLORADO, AT ______ O'CLOCK,__.M., ON THE ______ DAY OF ___________, 201_, AND IS RECORDEDIN PLAT BOOK ______ ON PAGE ______, AS RECEPTION NO.____________._____________________________CLERK AND RECORDERPURPOSE STATEMENTTHE PURPOSE OF THIS FINAL PLAT IS TO SATISFY CONDITIONSOUTLINED IN ASPEN HISTORIC PRESERVATION COMMISSION (HPC)RESOLUTION #29, SERIES OF 2014 (SEE NOTE 11) AND ORDINANCE NO.22, SERIES OF 2014 (SEE NOTE 10). FIANL PLAT OF:RUBEY PARK TRANSIT STATION P.U.D.SITUATED IN THE NW QUARTER OF SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH PRINCIPAL MERIDIANCITY OF ASPEN, PITKIN COUNTY, COLORADOSHEET 2 OF 2NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGALACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARSAFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTIONBASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TENYEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.SOPRIS ENGINEERING - LLCCIVIL CONSULTANTS502 MAIN STREET, SUITE A3CARBONDALE, COLORADO 81623(970) 704-0311 SOPRISENG@SOPRISENG.COMGENERAL UTILITY NOTES:1. The locations of underground utilities have been plotted based on utility maps,construction/design plans, other information provided by utility companies and actualfield locations in some instances. These utilities, as shown, may not represent actualfield conditions. It is the responsibility of the contractor to contact all utilitycompanies for field location of utilities prior to construction.1 inch = ft.( IN FEET )GRAPHIC SCALE010102010405CJB 13036 12/01/2014 13036_PLAT.dwg RECEPTION#: 613270, 09/05/2014 at 09:25:38 AM, 1 OF 9, R $51.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO ORDINANCE NO. 22 SERIES OF 2014) A ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A PLANNED DEVELOPMENT AMENDMENT TO THE PROJECT REVIEW AND GROWTH MANAGEMENT REVIEW FOR AN ESSENTIAL PUBLIC FACILITY FOR THE PROPERTY COMMONLY KNOWN AS RUBEY PARK, LEGALLY DESCRIBED AS LOTS K, L, M,N, O, P, Q, R AND S, BLOCK 90, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. Parcel ID: 2737-182-21-851 WHEREAS, the Community Development Department received an application from the City of Aspen Transportation Department (Applicant), represented by B1ueGreen, requesting City Council approve a Planned Development Amendment for Project Review and Growth Management Review for an Essential Public Facility for the property commonly known as Rubey Park, legally described as Lots K, L, M, N, O P, Q, R and S, Block 90, City and Townsite of Aspen; and, WHEREAS, the property is zoned Public (PUB) with a Planned Development (PD) Overlay; and, WHEREAS,the property is located in the Commercial Core Historic District; and, WHEREAS, during a duly noticed public hearing on February 12, 2014 the Historic Preservation Commission granted Conceptual Commercial Design Review and Conceptual Major Development Review approval via Resolution No. 5, Series of 2014 by a four to zero (4- 0) vote; and, WHEREAS, during a duly noticed public hearing on July 15, 2014 the Planning and Zoning Commission recommended approval of a Planned Development Amendment and Growth Management Review for an Essential Public Facility via Resolution No. 11, Series of 2014 by a seven to zero (7- 0) vote; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the application; and, WHEREAS, 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 recommendations of the Community Development Director, the Planning and Zoning Commission, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, during a duly noticed public hearing on August 25, 2014, City Council approved Ordinance No. 22, Series of 2014, by a four to zero (4 — 0) vote, approving a Planned Ordinance No. 22, Series of 2014 Rubey Park Page 1 of 9 Development Amendment Project Review and Growth Management Review for an Essential Public Facility; and, WHEREAS, City Council finds that the development proposal meets or exceeds all the applicable development standards and that the approval of the development proposal; and, WHEREAS, 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 OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Aspen City Council approves a Planned Development Amendment for Project Review and Growth Management Review for an Essential Public Facility. Section 2: Employee Generation The proposed development will increase the base number of FTEs by 0.18 from 183.58 (as provided by the applicant) to 183.76, which reflects the FTEs associated with the Rubey Park Transit Center operations. Council hereby waives mitigation requirements of the 0.18 employees generated by this project. An employee audit shall be conducted by an outside entity two years after CO, based on the same type of data received for the base number. Any additional employees above the determined increase of 0.18 shall be subject to future mitigation requirements. The Housing Authority shall request the audit from RFTA. Failure to request the audit shall not render any of the approvals invalid. RFTA shall provide the Housing Authority and the Community Development Department with the audit report. The Housing Authority and Community Development shall forward the audit to the Housing Board, P&Z and/or City Council for review, as applicable. Any costs for the audit shall be paid by the applicant. Section 3: Dimensional Requirements The approved dimensions for the redevelopment of Rubey Park shall be reflected in the Final PD plans as represented in the exhibits of this ordinance. Section 4: Plat and Agreement The Applicant shall record a PD plat and agreement that meets the requirements of Land Use Code Sections 26.445.090, Documenting Final Planned Development Approval, and 26.490, Approval Documents, within 180 days of approval by City Council. Section 5: Building Permit Application The building permit application shall include the following: a. A copy of the final Ordinance, recorded P&Z Resolution, and recorded HPC Resolutions. Ordinance No.22, Series of 2014 Rubey Park Page 2 of 9 b. The conditions of approval printed on the cover page of the building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A compliant drainage plan. This includes detaining and providing water quality for the entire site. If the site chooses fee-in-lieu of detention (FIL), it can only be applied to existing impervious areas. All new impervious areas will need to discharge at historic rates. e. An excavation stabilization plan, construction management plan (CMP), and drainage and soils reports pursuant to the Building Department's requirements. f. A fugitive dust control plan to be reviewed and approved by the Environmental Health Department. g. A detailed excavation plan for review and approval by the City Engineer. h. Accessibility and ADA requirements shall be addressed to satisfactorily meet adopted building codes. i. A detailed Sign Plan that includes locations, sizes, materials and construction methods for each sign. Section 6: Engineering Final design shall be compliant with all sections of the City of Aspen Municipal Code, Titles 21, 28, and 29. The design for the site must meet the Engineering Design Standards which includes the Urban Runoff Management Plan Requirements, Construction Mitigation Plan and Construction and Excavation Standards. Portions of the sidewalks, curbs and gutters will be replaced as part of the project. This project is considered a Major project and can opt to pay the Fee in Lieu for a portion of the detention requirements. Please refer to Section 2.12.140 of the Municipal Code. Section 7: Fire Mitigation This project shall meet all of the codes and requirements of the Aspen Fire Protection District. This includes, but is not limited to, Fire Department Access (International Fire Code 2009 Edition Section 503), and the installation of approved fire sprinkler and fire alarm systems (IFC 2009 Sections 903 and 907 as amended). Section 8: Utilities 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. Utility placement and design shall meet adopted City of Aspen standards. Ordinance No.22, Series of 2014 Rubey Park Page 3 of 9 Section 9: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation,perimeter, patio drains) are not connected to the sanitary sewer system. On-site utility plans require approval by ACSD. Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. 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. 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. All ACSD fees must be paid prior to the issuance of a building permit. 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. 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. 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. Section 10: Exterior Lighting 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. Section 11: Parks The cottonwood tree on the northeast comer of Durant and Mill Streets shall be preserved, unless otherwise approved for removal by the Parks and Engineering departments. A stub out shall be left to extend the snow melt system in the future along the north sidewalk on Durant between Mill and Monarch Streets, or as agreed to by the Parks, Engineering and Transportation Departments. Ordinance No. 22, Series of 2014 Rubey Park Page 4 of 9 Section 12: Signne Council hereby approves the signage locations, sizes and materials as presented. A detailed Sign Plan shall be submitted with the building permit application. All lighting for signage shall be placed on a timer or sensor to be turned off when buses are not in operation. All future changes to the approved signage must comply with the Sign Code in effect at the time of the proposed change. If a proposed change does not comply with the Sign Code, an amendment to the Planned Development shall be required. Section 13: Construction Phasing Engineering is concerned about the Construction Impacts of this site. The plan shall describe mitigation for: parking, staging/encroachments, and truck traffic. Note that the current code does not allow for any encroachments during the on-seasons (November 1 — April 15 and June 1 — Labor Day). The proposed temporary ticket/restroom/waiting facility shall only be permitted on site during the period of construction. This facility must be removed from the site prior to Certificate of Occupancy. Section 14: Fees Any applicable impact fees shall be assessed at the time of building permit application submittal and paid at building permit issuance. All fees associated with the land use applications for this project shall be assessed and paid at the building permit issuance. Section 15: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, 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 16: 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 17: 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 18• A public hearing on this ordinance shall be held on the 25th day of August, 2014, 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. Ordinance No.22, Series of 2014 Rubey Park Page 5 of 9 INTRODUCED,READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 28th day of July, 2014. I e : Manning, City Clerk Steven Skadron,Mayor FINALLY, adopted,passed and approved this 25th day f Au ust,2014. jinttest: i da Manning, City Cle k Steven Aadron, ayor Approved as to form: 101--—_ ames R. True, City Attorney Exhibits: I. Approved Site Plan H. Approved Floor Plans III. Approved Elevations Ordinance No. 22,Series of 2014 Rubey Park Page 6 of 9 EXHIBIT I ol I rf ' I I 1 I1 I I 'rl t I A IIL I- A 4lt, Ordinance No.22, Series of 2014 Rubey Park Page 7 of 9 EXHIBIT II a a a` a N I J I Ordinance No. 22, Series of 2014 Rubey Park Page 8 of 9 4O0. W ADdTiCN wunNr. room SrR00m pt] OITgN 7H NATION i FESTROOMADDnoN rrar. NC Boon 4pMINACNTIO LZI NO- Z ELEVATION srxc., s.,. Q 3lEASTELEVATION RESTROOMADDITION X41 EASTELEVATION WAKING ROOM C3~ 1EASTEL6VATION ADMIN ADDITION 1/ acme, a ame O CD CD O o t J L W + EL ATION RESTROOMADDITION WEST ELEVATION WAITING ROOM WEST ELEVATION ADM IN ADDITION RESOLUTION NO. 11 SERIES OF 2014) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE A PLANNED DEVELOPMENT AMENDMENT AND GROWTH MANAGEMENT REVIEW FOR AN ESSENTIAL PUBLIC FACILITY FOR THE PROPERTY COMMONLY KNOWN AS RUBEY PARK, LEGALLY DESCRIBED AS LOTS K, L, M, N, O, P, Q, R AND S, BLOCK 90, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. Parcel ID: 2737-182-21-851 WHEREAS, the Community Development Department received an application from the City of Aspen Transportation Department (Applicant), represented by BlueGreen, requesting the Planning and Zoning Commission recommend approval of a Planned Development Amendment and Growth Management Review for an Essential Public Facility for the property commonly known as Rubey Park, legally described as Lots K, L, M,N, O P, Q, R and S, Block 90, City and Townsite of Aspen; and, WHEREAS, the property is zoned Public (PUB) with a Planned Development (PD) Overlay; and, WHEREAS,the property is located in the Commercial Core Historic District; and, WHEREAS, during a duly noticed public hearing on February 12, 2014 the Historic Preservation Commission granted Conceptual Commercial Design Review and Conceptual Major Development Review approval via Resolution No. 5, Series of 2014; and WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the application; and, WHEREAS, the Planning and Zoning Commission 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, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, during a duly noticed public hearing on July 15, 2014, the Planning and Zoning Commission approved Resolution No. 11, Series of 2014, by a seven to zero (7 — 0) vote, recommending the Aspen City Council approve a Planned Development Amendment and Growth Management Review for an Essential Public Facility; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, RECEPTION#: 611995, 07/22/2014 at 01:01:25 PM, Resolution No. 11, Series of 2014 1 OF 5, R $31.00 Doc Code RESOLUTION Rubey Park Janice K. Vos Caudill, Pitkin County, CO Page 1 of WHEREAS,the Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN,COLORADO THAT: Section 1: General Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby recommends City Council approve a Planned Development Amendment and Growth Management Review for an Essential Public Facility for Rubey Park. Section 2: Growth Management The Planning and Zoning Commission determines the project to generate an increase of 0.18 employees from its current level of 183.58 FTEs to 183.76 FTEs. City Council determines the mitigation requirement for the Essential Public Facility Growth Management review, based on the Planning and Zoning Commission's finding herein that an increase of 0.18 employees are generated by the proposed project. The Planning and Zoning Commission recommends that an employee audit be required two years after a Certificate of Occupancy is issued. If employees are found to be generated, any employee mitigation shall be subject to the rules and regulations in effect at the time of the audit. Section 3: Dimensional Requirements and Other Recommendations The Planning and Zoning Commission recommends to City Council that the redevelopment of Rubey Park as presented shall meet the dimensional standards as outlined in the exhibits of this resolution. Additionally, the Commission recommends the following: 1. Consider refinement of the pedestrian connections, including lighting, at the proposed transit facility to better delineate pedestrian traffic prior to City Council review. Section 4• All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, 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 5• This Resolution 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. Resolution No. 11, Series of 2014 Rubey Park Page 2 of 3 Section 6• If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 15th day of July, 2014. APPROVED AS TO FORM: PLANNING ANIQ ZONING COMMISS N. Debbie Quinn,Asst. City Attorney leJEspamer, Chair ATTEST: Cindy Kfob,Records Manager Exhibit I—Floor plans Exhibit 2—Exterior elevations Resolution No. 11, Series of 2014 Rubey Park Page 3 of 3 Elm f4 IIH SRI NQx 4 ADFAN ADDITION WAITING ROOM RESTROOM ADDITION 2 H_ ELEVgTiON...__.._., y Y oQad o f W . w g a RESTROOMA TION M' AITWG ROOM ADMIN ADDRION NORTH_ ELEV ATION.............._ EASTELEVATION 2_. 4 a 9 sru d ADDITION 4 EAST ELEVATION WAITING ROOM S\ EAST ELEVATION AOMIN ADDITION s CLEVATIMS a 6\ WEST y A3. 1 WATNG ROOM WT ELEVATION ADMIN ADDITION WEST ELEVATION LEVATION RESTROOM ADDITION T 5 RECEPTION#: 614725, 10/21/2014 at 10:07:45 AM, 1 OF 3, R $21.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) GRANTING DETAILED PLANNED DEVELOPMENT, MAJOR DEVELOPMENT FINAL) AND COMMERCIAL DESIGN (FINAL) APPROVALS FOR THE PROPERTY COMMONLY KNOWN AS RUBEY PARK, LEGALLY DESCRIBED AS LOTS K, L, M, N, O,P, Q,R AND S, BLOCK 90, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. RESOLUTION #29, SERIES OF 2014 PARCEL ID: 2737-182-21- 851 WHEREAS, the applicant, City of Aspen, represented by B1ueGreen, requested HPC Detailed Planned Development, Final Major Development and Final Commercial Design approvals for the property commonly known as Rubey Park, legally described as Lots K, L, M,N, O P, Q, R and S, Block 90, City and Townsite of Aspen; and, WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;" and, WHEREAS, the property is zoned Public with a Planned Development Overlay, and is located within the Commercial Core Historic District; and, WHEREAS, during a duly noticed public hearing on February 12, 2014 the Historic Preservation Commission granted Conceptual Major Development Review and Conceptual Commercial Design Review approval via Resolution No. 5, Series of 2014 by a four to zero (4-0) vote; and, WHEREAS, during a duly noticed public hearing on July 15, 2014 the Planning and Zoning Commission recommended approval of a Planned Development Project Review and Growth Management Review for an Essential Public Facility via Resolution No. 11, Series of 2014 by a seven to zero (7- 0) vote; and, WHEREAS, during a duly notice public hearing on August 25, 2014 City Council granted Planned Development Project Review and Growth Management Review for an Essential Public Facility via Ordinance No. 22, Series of 2014 by a four to zero (4-0) vote; and, WHEREAS, Planned Development Detailed Review on a property that is historically designated or located within a Historic District may be combined with applicable Historic Preservation reviews outlined in Chapter 26.415, Historic Preservation, pursuant to Section 26.304.060.B.1, as according to Section 26.445.040.C.4; and, Rubey Park HPC Resolution 429, Series of 2014 Page 1 of 3 WHEREAS, for Planned Development Detailed Review, the HPC must review the application, a staff analysis report and the evidence presented at a public hearing to determine the project's conformance with Section 26.445.070 of the Municipal Code and other applicable Code Sections, per Section 26.445.040.B.3. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or disapprove; and, WHEREAS, for Final Major Development Review, the HPC must review the application, a staff analysis report and the evidence presented at a public hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.3.b.2 and 3 of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or disapprove; and, WHEREAS, for Final Commercial Design Review, the HPC must review the application, a staff analysis report and the evidence presented at a public hearing to determine the project's conformance with the City of Aspen Commercial, Lodging and Historic District Design Objectives and Guidelines per Section 26.412.040.A.2, Commercial Design Standards Review Procedure, of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or disapprove; and, WHEREAS, Justin Barker, in his staff report to HPC dated October 15, 2014, performed an analysis of the application based on the standards and recommended approval with conditions; and, WHEREAS, at their regular meeting on October 15, 2014, the Historic Preservation Commission considered the application during a duly noticed public hearing, the staff memo and public comments, and found the proposal consistent with the review standards and granted approval with conditions by a vote of four to zero (4 - 0). NOW, THEREFORE, BE IT RESOLVED: That HPC hereby grants Detailed Planned Development, Final Major Development and Final Commercial Design approvals for the property located at 420 E. Durant Avenue, Lots K, L, M, N, O P, Q, R and S, Block 90, City and Townsite of Aspen with the following conditions: 1. A detailed mechanical plan indicating exterior venting locations and designs shall be submitted prior to building permit for review and approval by staff and monitor. 2. More details on the solar panels including cut sheets and proposed layout shall be submitted prior to building permit for review and approval by staff and monitor. 3. The proposed landscape plan shall be confirmed as all locally appropriate with the Parks Department prior to building permit issuance. 4. An approved plan set including all elevations, floor plans, and a detailed site plan shall be submitted to the Community Development Department within 180 days following the date of issuance of the Development Order. Rubey Park HPC Resolution #29, Series of 2014 Page 2 of 3 5. A Development Agreement shall be submitted to the Community Development Department within 180 days following the date of issuance of the Development Order. APPROVED BY THE COMMISSION at its regular meeting on the 15th day of October, 2014. Ja MaytinV Chair Approved as to Form: J Debtie Quinn, Assistant City Attorney ATTEST: COVA Reed Patterson, r. unlcipa Court Clerk Rubey Park HPC Resolution#29, Series of 2014 Page 3 of 3 RECEPTION#: 608184, 02/25/2014 at 09: 30: 20 AM, 1 OF 4, R $26.00 Doc Code RESOLUTION Janice K.Vos Caudill, Pitkin County, CO A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) GRANTING MAJOR DEVELOPMENT (CONCEPTUAL) AND COMMERCIAL DESIGN (CONCEPTUAL) APPROVAL FOR THE PROPERTY COMMONLY KNOWN AS RUBEY PARK, LEGALLY DESCRIBED AS LOTS K, L,M,N, O, P, Q, R AND S, BLOCK 90, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. RESOLUTION #5, SERIES OF 2014 PARCEL ID: 2737-182-21-851 WHEREAS, the applicant, City of Aspen, represented by B1ueGreen, requested HPC Conceptual Major Development and Commercial Design approval for the property commonly known as Rubey Park, legally described as Lots K, L, M, N, O P, Q, R and S, Block 90, City and Townsite of Aspen; and WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;" and WHEREAS, for Conceptual Major Development Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.3.b.2 and 3 of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, for Conceptual Commercial Design Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Commercial, Lodging and Historic District Design Objectives and Guidelines per Section 26.412.040.A.2, Commercial Design Standards Review Procedure, of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny;.and WHEREAS, Justin Barker, in his staff report to HPC dated February 12, 2014, performed an analysis of the application based on the standards and recommended approval with condition; and WHEREAS, at their regular meeting on February 12, 2014, the Historic Preservation Commission considered the application during a duly noticed public hearing, the staff memo and public comments, and found the proposal consistent with the review standards and granted approval with condition by a vote of 4 to 0. Rubey Park HPC Resolution#5, Series of 2014 Page 1 of 2 NOW, THEREFORE, BE IT RESOLVED: That HPC hereby grants Major Development (Conceptual) and Commercial Design ( Conceptual) approval for the property located at 420 E. Durant Avenue, Lots K, L, M, N, O P, Q, R and S, Block 90, City and Townsite of Aspen with the following condition: 1. Design Option 2 (Exhibit I) is approved. 2. HPC requests staff pass on their concern over the bus parking plan that is proposed. 3. A development application for a Final Development Plan shall be submitted within one 1) year of the date of approval of a Conceptual Development Plan. Failure to file such an application within this time period shall render null and void the approval of the Conceptual Development Plan, The Historic Preservation Commission may, at its sole discretion and for good cause shown, grant a one-time extension of the expiration date for a Conceptual Development Plan approval for up to six (6) months provided a written request for extension is received no less than thirty (30) days prior to the expiration date. APPROVED BY THE COMMISSION at its regular meeting on the 12th day of February,2014. Ja Mayti , Chair Approved as to Form: 1 Debbie Quinn, Assistant City Attorney ATTEST: r t'lAL. )1 Kathy Stric land, Chief Deputy Clerk Rubey Park HPC Resolution 45, Series of 2014 Page 2 of 2 asxXw LLU,- J, F february 2, 2014 revised roof option: elevation y q a 5 tV jam pyI a AllWE f leix lot two op. M 7 x OP n too, n, x WS WAN m H e z Se nit nit. MAX 44 Qm— z OW Qm ME 10 VU op i a r a