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HomeMy WebLinkAboutordinance.council.029-05 .. ORDINANCE NO. 29 (SERIES OF 2005) / AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL GRANTING SUBDIVISION APPROVAL, ALLOCATING ONE FREE-MARKET RESIDENTIAL DEVELOPMENT RIGHT,AND ALLOCATING THREE AFFORDABLE HOUSING DEVELOPMENT RIGHTS TO THE MAIN AND GALENA BUILDING PROPOSAL, AS MIXED-USE BUILDING TO BE LOCATED ON THE NORTHWEST CORNER OF GALENA AND MAIN STREETS, 426 EAST MAIN STREET , LEGALLY DESCRIBED AS UNIT lA GALENA PLAZA CONDOMINIUMS, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2737.073.22.015 WHEREAS, the Community Development Department received an application (the Project) from Millenniwn Plaza, LLC, for the redevelopment of a commercial building into a mixed-use building to contain commercial and residential units; WHEREAS, the Property is located at 426 East Main Street and is legally described as Unit lA of the Galena Plaza Condominiums as shown on the plat thereof recorded in Book 49 at Page 82 of the Pitkin County Clerk and Recorder; and, WHEREAS, pursuant to Sections 26.304 and 26.470 of the City of Aspen Land Use Code, land use applications requesting allotments from the Growth Management Quota System are reviewed and scored by the Aspen Planning and Zoning Commission at a duly noticed public hearing after considering recommendations by the Community Development Director, and members of the general public. The scoring and recommendation is then forwarded to the Aspen City Council and development allotments may then be allocated by Ordinance by the Aspen City Council at a duly noticed public hearing after considering recommendations by the Community Development Director, and members of the general public; and, WHEREAS, pursuant to Sections 26.304, 26.710.140, 26.430, 26.515, 26.480, and 26.410 of the City of Aspen Land Use Code, land use applications requesting subdivision, special reviews, and residential design standards waivers are reviewed by the Aspen Planning and Zoning Commission at a duly noticed public hearing after considering recommendations by the Community Development Director, and members of the general public. The Commission may approve, approve with conditions, or deny the special review requests and the residential design standards waivers and may recommend to City Council approval, approval with conditions or denial of the subdivision request; and, WHEREAS, the Fire Marshal, Aspen Consolidated Sanitation District, the City Water Department, City Engineering, the City Parking Department, the City Transportation Department, the City Zoning Officer, City Parks Department, the Aspen Building Department, the Enviromnental Health Department, and the Community Development Department reviewed the proposal and recommended approval with conditions; and, Ordinance No. 29, Series 01'2005. Page I 1111111111111111 111111 :;~;:~:;1 ~~: 32P JANICE K vas Ci=lUDILL PITKIN COUNTY CO R 51.00 o 0.00 ~,-' WHEREAS, during a duly noticed public hearing on May 5, 2005, the Aspen Planning and Zoning Commission considered the noted recommendations and testimony offered by the general public, considered the project for initial and final scoring (score summary attached as Exhibit A), found the proposal meeting or exceeding the necessary scoring, and approved, via Planning and Zoning Commission Resolution No. 17, Series of 2005, the Special Review for affordable housing parking, the Special Review of commercial parking via a cash-in-Iieu payment, the waiver of Residential Design Standards and recommended, via Planning and Zoning Commission Resolution No. 17, Series of 2005, City Council allocation of one free-market residential development right, three affordable housing development rights, and subdivision approval for a mixed-use commercial and residential building to be developed on the northwest comer of Main and Galena Streets, 426 East Main Street, Unit I A of the Galena Plaza Condominiums, subject to the conditions of approval listed herein; and, WHEREAS, the Aspen City Council has reviewed and considered the application according to the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the Planning and Zoning Commission, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds the application meeting or exceeding all applicable standards of the land use code of the City of Aspen Municipal Code and that the approval of the proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. "- NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Subdivision approval for the development a multi-family units, three affordable housing growth management allotments, and one free-market residential allotment are hereby granted for the redevelopment of the two-floor (one floor is subgrade) commercial building at the northwest comer of Galena and Main Streets into a four-floor (one floor is subgrade) building containing commercial and residential uses, subject to the following conditions and requirements: Section 1: Parkin!!: Miti!!:ation Payment The Project Developer shall make a one-time monetary mitigation payment to the City of Aspen in the amount of $105,000 for the mitigation of seven (7) parking spaces - 5 residential and 2 commercial. The contribution shall be payable prior to issuance of a Building Permit for the Project. The Planning and Zoning Commission encourages the Aspen City Council to allocate all of this payment to the Roaring Fork Vehicles car- sharing program. ""...", Section 2: Downtown ImDrovement Contribution The Project Developer shall make a one-time monetary mitigation payment to the City of Aspen in the amount of $10,000 for pedestrian oriented improvements to the commercial Ordinance No. 29, Series 01'2005. Page 2 1111111111111111 111111 :;~~~:;L~ : 32P J1=INICE K VOS CAUDILL PITKIN COUNTY CO R 51.00 D 0.00 core as recommended by the City's Downtown Catalyst or the City Manager. The contribution shall be payable prior to issuance of a Building Permit for the Project. Section 3: ASDen Recreation Center Contribution The Project Developer shall make a one-time monetary mitigation payment to the City of Aspen in the amount of $7,000 for recreation programs and facilities of the Aspen Recreation Center as recommended by the Manager of Parks and Recreation. The contribution shall be payable prior to issuance of a Building Permit for the Project. Section 4: Roarinl!: Fork Transportation Authority Contribution The Project Developer shall make a one-time monetary mitigation payment to the City of Aspen in the amount of $5,000 to be transferred to the Roaring Fork Transportation Authority for transit improvements within the Roaring Fork Valley. The contribution shall be payable prior to issuance of a Building Permit for the Project. Section 5: ASDen Historical Society Contribution The Project Developer shall make a one-time monetary mitigation payment to the City of Aspen in the amount of $5,000 to be transferred to the Aspen Historical Society. The contribution shall be payable prior to issuance of a Building Permit for the Project. ,. Section 6: Car Share Prol!:ram Contribution The Project Developer shall make a one-time monetary contribution to Roaring Fork Vehicles - a car-sharing business associated with the City of Aspen - in the amount of $20,000. The contribution shall be payable prior to issuance of a Building Permit for the Project. This contribution was voluntarily offered by the applicant, as a means of mitigating residential parking needs. Section 7: Construction Stal!:inl!: and Police/SheriffParkinl!: The Project Developer shall work with the City of Aspen Police Chief and the Pitkin County Sheriff regarding temporary parking for emergency vehicles and the location of construction materials/equipment for the period of construction. An agreement between these parties shall be recorded as part of the Subdivision Improvement Agreement. City Community Development staff can facilitate/moderate meetings and mediate any unresolved issues as necessary. Section 8: Residential Desil!:D Standards The following Residential Design Standards shall not apply to this Project: "Secondary Mass," "Covered Porch," and "First Story Element." The Project has been found in compliance with the remaining Residential Design Standards and the remaining standards shall be applicable to this Project. Section 9: Affordable Housinl!: Units The Project shall include one (I) studio affordable housing unit and two (2) two-bedroom affordable housing units. The affordable housing units shall be deed-restricted as Category 2 rental units and a legal instrument permanently ensuring their affordable status acceptable to the City Attorney shall be provided. The City shall accept a nominal property interest (1/10 of I percent undivided interest) or other reasonable means of Ordinance No. 29, Series 01'2005. Page 3 assurance. If this standard cannot be met, the units shall be transferred as "for-sale" units pursuant to the Aspen/Pitkin County Housing Authority Guidelines. ~.,.,.,,,.,. Residents of the affordable housing units shall meet the minimum occupancy and all other qualification criteria in the APCHA Guidelines, as amended. The rental rates of the affordable units shall not exceed a maximwn rental rate of Category 2 as such rates are defined in the APCHA Guidelines, as amended from time to time. Rental tenants shall be qualified by the APCHA. Section 10: ImDact and Dedication in-Lieu Fees Park Imvact Fees of $10,604 shall be assessed upon issuance of a Building Permit and allocated by the City for improvements to City Parks. Amendments to the project shall incorporate an amendment to this fee according to the following schedule. For each studio unit - $1,520 For each one-bedroom unit - $2,120 For each two-bedroom unit - $2,725 For each three- or four-bedroom unit - $3,634 "" School Land Dedication Fees are assessed based on one-third the value of the unimproved land divided by the proposed nwnber of residential units on a per acre basis. The City of Aspen verifies the unimproved land value of the lands underlying the Project to be $224,675 from information from the Pitkin County Assessor. This represents $44.89 per square foot of land. One-third of this value divided by the proposed 4 new units results in a $3.74 per square foot standard for calculating the impact fee. The subject subdivision is not conducive to locating a school facility and a cash-in-lieu payment shall be accepted. School Land Dedication Fees are required according to the following schedule, payable at building permit issuance: Unit size 1/3 land Land Per unit fee Units Total value per Dedication unit sq. ft. standard (sq. ft.) Studio/One $3.74 52 $194.48 I $194.48 bedroom Two Bedroom $3.74 416 $1,555.84 2 $3,111.68 Three $3.74 707 $2,644.18 I $2,644.18 Bedroom Total: 5,950.34 Amendments to the project shall include an adjustment to this fee according to the above calculation methodology and schedule. .......,"' Ordinance No. 29, Series 01'2005. Page 4 '''''~.,." Section 11: Trees and Ril!:ht-of-Wav Improvements The Project Developer shall either relocate the three eXlstmg on-site trees to a new location acceptable to the City of Aspen Parks Department or remove the trees and pay a tree removal mitigation fee according to the valuation schedule below. Relocating the trees can either be organized by the Project developer in coordination with the City Parks Department or performed by the City Parks Department and billed to the Project Developer. Tree removal mitigation shall be based on the valuation of existing trees to be removed. Following is a summary of the existing trees to be removed and their valuation. Tree Caliper Inch: Number of trees: Valuation/tree: Total: 12 1 $4,069.44 $4,069.44 13 2 $4,775.94 $9,551.88 Total: $13,621.32 The existing street trees within the Main Street right-of-way shall be protected during the entire construction process. No storage of materials shall occur within the drip lines of these trees. The Subdivision agreement shall include provisions to protect the Main Street trees. Section 12: Sidewalk Closures Proper signage and barriers shall be used during periods of construction necessitating the closure of sidewalks surrounding the Project. "'"--.. Section 13: Water DeDartment Requirements A separate water meter will be needed for each residence. There shall be a shared water service agreement with each owner. An additional tap for landscaping is required. Section 14: Sanitation District Requirements I. The total connection fees must be paid prior to building permit issuance. 2. The elevator shaft cannot drain to the sanitary sewer unless there is an oil/sand separator. 3. It is recommended that the Applicant install a grease trap for the commercial space to allow food service occupant. 4. The sewer service should connect to the sewer in the alley. Section 15: PMlO Mitil!:ation and TransDortation ODtions Prol!:ram The City of Aspen considers the following elements of the project as mitigating the potential increases in pm 10: the Project's proximity to downtown, proximity to transit services, existing pedestrian connections and trails, no additional on-site parking, and a monetary contribution to the car-share program. The owner(s) of the commercial units within the Project shall inform and encourage commercial tenants to join the City of Aspen Transportation Options Program. This program offers certain incentives to reduce automobile reliance. Ordinance No. 29, Series 01'2005. Page 5 JRNICE K vas CAUDILL PITKIN COUNTY CO R 51.00 o 0.00 .~.,., ,'- ...... "-.. Section 16: Subdivision Plat Within 180 days after final approval by City Council and prior to applying for a Building Permit, the applicant shall record a Subdivision Plat. The Subdivision Plat shall comply with current requirements of the City Community Development Engineer. The following items shall also be depicted: 1. Any easements and signature blocks for utility mains not administered by the City of Aspen. I. A utility plan meeting the standards of the City Engineer and City utility agencies. The City Water Department prefers one fire tap and one domestic service tap with subsequent branch lines to serve individual buildings and residences. 2. A drainage plan depicting roof and surface drainage and how it will be connected to the City's storm drainage system. 3. A right-of-way improvement plan acceptable to the City Parks Department showing the design concept for the sidewalk pavers, bike rack including installation technique which protects the existing cottonwood trees, and protection and irrigation of the cottonwood trees. 4. The applicant shall provide the final approved Subdivision line data or survey description data describing the revised street and parcel boundaries to the Geographic Information Systems Department prior to applying for a building permit. Section 17: Subdivision Al!:reement Within 180 days after final approval by City Council and prior to applying for Building Permit, the applicant shall record a Subdivision Agreement binding this property to this development approval. The Agreement shall include the necessary items detailed in Section 26.445.070, in addition to the following: I. An agreement with the Police Chief and the Sheriff regarding parking of emergency vehicles during construction and a notification procedure for relocating parking as needed. Section 18: Buildinl!: Permit Requirements The building permit application shall include/depict: 1. A letter from the primary contractor stating that the approving Ordinance and Subdivision Improvement Agreement has been read and understood. The contractor shall specifically state an understanding of the Construction Staging and Police/Sheriff Parking agreement. 2. A signed copy of the final Ordinance and Subdivision Improvement Agreement granting land use approval. 3. A construction management and parking plan meeting the specifications of the City Building Department. 4. Compliance with Accessibility requirements, including an accessible route to the trash area. Ordinance No. 29, Series of 2005. Page 6 \ \"\\1 "III "1\11 "II "III 11"1 1111"\ III "III IIII 1"1 ~;~~~~;t ~~ : 32P JRNICE K VOS CRUDILL PITKIN COUNTY CO R 51.00 \;.,.;".... 5. A construction staging plan showing areas for material storage, contractor parking, and showing how the Main Street trees will be fenced-off and protected during construction. 6. A fugitive dust control plan approved by the Enviromnental Health Department. The applicant shall wash tracked mud and debris from the street as necessary, and as requested by the City, during construction. The applicant shall provide phone contact information for on-site project management to address construction impacts to: The City of Aspen, Pitkin County, the Building Manager of the US Bank Building, and the Galena Lofts Homeowners Association. 7. A fire suppression plan acceptable to the Fire Marshall, including the standpipe. 8. Compliance with the specifications and requirements of the Aspen Consolidated Sanitation District. 9. Prior to issuance of the Building Permit, all impact fees, cash-in-lieu fees, and monetary contributions, as specified herein, shall be paid. . Section 19: Ground Floor Office Space The non-conforming office space on the ground level of the building shall not be considered "abandoned or discontinued," as such terms are used in Section 26.312.020 of the Land Use Code, during the time period between issuance of a Building Permit and the issuance of a Certificate of Occupancy for the building and this construction time period shall not be used in the computation of discontinued use when considering the ability to reestablish an office use within this space. ... Section 20: Historic Preservation Commission ADDrovals Required Final Development Plan approval by the Historic Preservation Commission must be obtained prior to issuance of a Building Permit for the Project. Section 21 : Vested Ril!:hts The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. '-".. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Ordinance No. 29, Series of 2005. Page 7 1111111111111111111111 :;~~~~;1 ~~ 32P JRNICE K VOS CRUDILL PITKIN COUNTY CO R 51,00 0 0.00 " Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Unit lA Galena Plaza Condominiwns. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 22: All material representations and commitments made by the developer pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department, the Aspen Planning and Zoning Commission, or the Aspen City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth ,- herein, unless amended by other specific conditions. ,.. Section 23: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 24: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 25: That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this Ordinance in the office of the Pitkin County Clerk and Recorder. Section 26: A public hearing on the Ordinance shall be held on the 25th day of May, 2005, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. .....,..' Ordinance No. 29, Series 01'2005. Page 8 Il(~I~J~ltWlm~J~IIJIIJIII11(fl"I'II'III"1 ~~;~~~1 ~~: 32P co R 51.00 0 0.00 Section 27: This ordinance shall become effective thirty (30) days following final adoption. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 9tl1 day of May, 2005. Attest: FINALLY, adopted, passed and approved thi~3Iay Of~, ~ Attest: >", Approved as to form: ,,/~/}~A:>. .. JOn. 0 c ster, City Attorney Attachment A - Summary of GMQS Scoring > Hendon C:lhomelCurrent PlanningICASESIGalena-MainIOrdinance.doc ....... II'Jm,'"II['~t:.~~~~ ~''" Ordinance No. 29, Series 01'2005. 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Gle Ole ,,\i:,~:' 0 ...., en en U) ..... .- 0) C .- '15...., Gl Cll N e ._ e <;::'15-" e Q) e ... o 'm '6 '0 'm ell > ell ..c tll "" .:; E c u - Q) I- ,ell >0_ 'C l:: > 0 0 .- - ...., oen III ';::Q)L..L...C'O oa:::c...c...:a: (.) , , , , en ...... N C') .... 1111111111111111111111 :;~~~~;~ ~~ 33P JANICE K vas CAUDILL PITKIN COUNTY CO R 56.00 0 0.00 SUBDIVISION AGREEMENT FOR MAIN AND GALENA BUILDING 426 EAST MAIN STREET Parcel No. 2737-073-22-015 THIS AGREEMENT is made this ~ day of M..... ,2006 between MILLENNIUM PLAZA LLC, (hereinafter "Owner") and TJlIE CITY OF ASPEN, a municipal corporation (hereinafter the "City"). WHEREAS, Owner owns the property located at 426 East Main Street which is legally described as Unit 1A of the Galena Plaza Condominiums as shown on the plat recorded in Book 49 at Page 82 of the Pitkin County Clerk and Recorder (hereinafter "the Property"); and WHEREAS, pursuant to City of Aspen Planning and Zoning Commission (hereinafter "the Commission") Resolution No. 17, Series of 2005, the Commission granted Special Review approval for affordable housing parking and commercial parking via cash-in-lieu to the Main and Galena Building (hereinafter "the Project"); and WHEREAS, pursuant to Ordinance No. 29, Series of 2005, the City granted Subdivision approval, allocated one free-market residential development right and three affordable housing development rights to a mixed use building to be located on the property; and WHEREAS, Owner has submitted to the City for review a subdivision exemption plat for the project (hereinafter the "Plat") and the City agrees to review the Plat at Owner's expense on the agreement of the Owner to the matters described herein, subject to the provision of the Municipal Code of the city of Aspen (hereinafter the "Code") and other applicable rules and regulations; and WHEREAS, the City and the Owner wish to enter into a Subdivision Agreement for the project, and WHEREAS, the Owner is willing to enter into such agreement with the City and to provide assurances to the City; and NOW, contained agreed as THEREFORE, herein, and follows: in consideration of the mutual covenants the review of the plat by the City, it is 1 1. Description of Project. The mixed use structure on the property shall contain; one free-market residential unit on the third floor; three affordable housing units on the second floor; office and retail space on the first floor; and sub-grade storage space. 2. Development Requirements. The following development requirements will be satisfied by Owner pursuant to Commission Resolution No. 17, Series of 2005 and Ordinance No. 29, Series of 2005. a. Parking Mitigation Payment The Owner shall make a one-time monetary mitigation payment to the City of Aspen in the amount of $ 105,000 for the mitigation of seven (7) parking spaces - five (5) residential and two (s) commercial. The contribution shall be payable prior to the issuance of a Building Permit for the Project. b. Downtown Improvment Contribution The Owner shall make a one-time monetary mitigation payment to the City of Aspen in the amount of $ 10,000 for pedestrian oriented improvements to the commercial core as recommended by the City's Downtown Catalyst or the City Manager. The contribution shall be payable prior to the issuance of a Building Permit for the Project. c. Aspen Recreation Center Contribution The Owner shall make a one-time monetary mitigation payment to the City of Aspen in the amount of $ 7,000 for recreation programs and facilities of the Aspen Recreation Center as recommended by the Manager of Parks and Recreation. The contribution shall be payable prior to issuance of a Building Permit for the Project. d. Roaring Fork Transporation Authority Contribution The Owner shall make a one-time monetary mitigation payment to the City of Aspen in the amount of $ 5,000 to be transferred to the Roaring Fork Transporation Authority for transit improvements in the Roaring Fork Valley. The contribution shall be payable prior to issuance of a Building Permit for the Project. e. Aspen Historical Society Contribution The Owner shall make a one-time monetary mitigation payment to the City of Aspen in the amount of $ 5,000 to be transferred to the Aspen Historical Society. The contribution shall be payable prior to issuance of a Building Permit for the 2 II'JJJ,'.II[UII ~~;~~~ ;~". R 56.00 0 0.00 1111111111111111 1111 II ~~;:~:;! ~~ 33P proj ect. JRNICE K vas CI=IUDILL PITKIN COUNTY CO R 56.00 D 0.00 f. Car Share Program Contribution The Owner shall make a one-time monetary mitigation payment to Roaring Fork Vehicles - a car-sharing business associated with the City of Aspen in the amount of $ 20,000. The contribution shall be payable prior to issuance of a Building Permit for the Project. The contribution was voluntarily offered by the Owner, as a means of mitigating residential parking needs. g. Construction Staging and police/Sheriff Parking The Owner and the City of Aspen Police Chief and the pitkin County Sheriff have reached an agreement regarding parking for emergency vehicles and the location of construction materials/equipment for the construction period. The Agreement is attached as Exhibit A. h. Affordable Housing Units The project shall include one (1) studio affordable housing unit and two (2) two-bedroom affordable housing units. The affordable housing units shall be deed-restricted as Category 2 rental units and a legal instrument permanently ensuring there affordable status acceptable to the City Attorney shall be provided. Prior to the recordation of a Condominium Plat for the property the Owner shall grant to the City Shall a nominal property interest (1/10 of 1 percent undivided interest) or other reasonable means of assurance). If this standard cannot be met, the units shall be transferred as "for-sale" units pursuant to the Aspen/Pitkin County Housing Authority Guidelines. Residents of the affordable housing units shall meet the minimum occupancy and all other qualification criteria in the APCHA Guidelines, as amended. The rental rates of the affordable units shall not exceed a maximum rental rate of Category 2 as such rates are defined in the APCHA Guidelines, as amended from time to time. The Owner shall be able to select rental tenants qualified by the APCHA. i. Park Impact Fees. Owner shall pay a $ 10,604 Park Impact Fee upon issuance of a building permit. Project amendments, if any, shall incorporate an amendment to this fee according to the following schedule. For each studio unit - $ 1,520 For each one-bedroom unit - $ 2,120 3 For each two-bedroom unit - $ 2,725 For each three- or four-bedroom unit $ 3,634 j. School Land Dedication Fees. Owner shall pay school land dedication fees based on one-third the value of the unimproved land divided by the proposed number of residential units on a per acre basis. The City of Aspen has verified the unimproved land value of the lands underlying the Project to be $ 224,675 from information from the pitkin County Assessor. This represents $ 44.89 per square foot of land. One-third of this value divided by the proposed four new units results in a $ 3.74 per square foot standard for calculating the land dedication fee. The City found that the property is not conducive to locating a school facility and a cash-in-lieu payment shall be accepted. School Land Dedication Fees are required according to the following schedule, payable at building permit issuance: unit Size 1/3 Land value unit sf Land Dedication standard sf Per unit fee Units Total ------------------------------------------------------------- ------------------------------------------------------------- Studio l/Bdr $3.74 52 $194.48 1 $ 194.48 2 Bdr. $3.74 416 $1,555.84 2 $ 3, 111. 68 3 Bdr. $3.74 707 $2,644.18 1 $ 2,644.18 Total $ 5,950.34 Amendments to the project shall fee according to the above schedule. include an adjustment to this calculation methodology and k. Trees and Right-of-Way Improvments. The Owner shall either relocate the three existing on-site trees to a new location acceptable to the City of Aspen Parks Department or remove the trees and pay a tree removal mitigation fee according to the valuation schedule below. Relocating the trees can either be organized by the Owner in coordination with the City Parks Department or performed by the City Parks Department and billed to the Owner. Tree removal mitigation shall be based upon the valuation of existing trees to be removed. Following is a summary of the 4 111111111111I111 111111 :;~;:~:;~ ~~: 33P JRNICE K VOS CRUDILL PITKIN COUNTY CO R 56.00 0 0.00 existing trees to be removed and their valuation. Tree Caliper Inch Number of Trees Valuation/Tree Total 12 13 1 2 $ 4,069 $ 4,775 $ 4,069.44 $ 9,551.88 $13,621.32 Total The existing trees within the Main Street right-of-way shall be protected during the entire construction process. No storage of materials shall occur within the drip lines of these trees. The Owner shall make improvements to building for the benefit of the public. cost projections are listed below. the outside of the The improvements and Total $ 1,350.00 $ 2,200.00 $ 2,275.00 $ 3,520.00 $ 1,475.00 $ 5,405.00 $16,225.00 Bicycle Rack Irrigation 15" Buff Flagstone Replace Sod by Sidewalk Benches 2 @ $ 1,500 each Sidewalk Repairs 800 sf 1. Sidewalk Closures. Adequate barriers and signs shall be utilized during construction when necessary to close sidewalks. m. Water Department Requirements A separate water meter will be utilized for each dwelling unit. There shall be a shared water service agreement with each owner of the dwelling units. o. Sanitation District Requirements Owner shall pay the total connection fee prior to the issuance of a building permit. An oil/sand separator will be required if the elevator shaft drains to the sanitary sewer. Sewer service shall connect to the alley to the north of the property. p. PM 10 Mitigation and Transporation Options Progr~ The Owner of the commercial units within the project shall inform and encourage commercial tenants to join the City of Aspen Transportation Options Program which offers incentives to reduce automobile reliance. 5 , 1111111111111111111111 :;~~~:;~ ~~: 33P JI=lNICE K vas CAUDILL PITKIN COUNTY CO R 56.00 D 0.00 3. As-Built Drawings. Prior to the issuance of any Certificates of Occupancy for the project, Owner shall submit as- built drawings of the project showing property lines, building footprint, easements, any encroachments, entry points for utilities entering the property boundaries and other improvments to the Aspen/Pitkin County GIS Department in accordance with City GIS requirements. 4. Security for Public Improvements and Landscaping. In order to secure the performance of the construction and installation of the landscaping and public improvements described above, the Owners shall provide a bond, letter of credit, cash, or other guarantees in a form satisfactory to the City Attorney in the sum of $ 16,225.00. Said guarantees will be delivered to the City prior to the issuance to the Owner of a building permit for the Project. The guarantee documents shall give the City the unconditional right, upon clear and unequivocal default by the Owner in its obligation to complete the public improvements to withdraw funds against such security sufficient to complete and pay for installation for such public improvements or Project landscaping. When the public improvements are completed, The City Engineer and City Parks Director shall inspect them, and upon approval and acceptance, he or she shall authorize the release of the agreed estimated costs of the improvements, except that ten- percent of the estimated costs of the improvements shall be withheld for the benefit of the City until the completion of all of the described public improvements and the retainage for the landscaping shall be withheld until two growing seasons following the issuance of a certificate of occupancy for the Project. The Owner shall require all contractors to provide a warranty to the City that all improvments were constructed to accepted standards of good workmanship for the installation of the public improvements described herein for one year from the date of acceptance. In the event that any existing municipal improvments are damaged during the Project construction, on request by the City Engineer, a bond or other suitable security for the repair of those municipal improvements shall be provided by Owner to the City. 5. Colorado Common Interest Ownership Act (CCIOA). As soon as construction of the Project allows, Owner anticipates submitting the Project to the existing plan of condominiumization for Galena Plaza Condominiums which was created pursuant to (CCIOA). The City Agrees to process for recordation a subdivision exemption map prepared in accordance with the Code. As the Owner has provided affordable housing pursuant to the Code, the Project is exempt from paying any Affordable Housing Impact Fees. Owner shall record an amendment to the exiting condominium Declaration, and also amend homeowner's association articles of incorporation and bylaws as necessary. Maintenance of the proj ect common elements and/or common expenses, including maintenance and repair of open space, if any, shall be provided for in the Declaration as amended. 6 1111111111111111111111 :;~~~:;~ ~~ 33P JANICE K vas CRUDILL PITKIN COUNTY CO R 56,00 0 0.00 6. Notices. Notices to the parties shall be sent by United States certified mail to the addresses setforth below or to any other address which the parties may substitute in writing. To the Owner: Millennium Plaza LLC Lowell Meyer Post Office Box 1247 Aspen, Colorado 81612 With Copy to: Gideon Kaufman Kaufman Peterson & Dishler P.C. 315 East Hyman Avenue Office 305 Aspen, Co. 81611 To City of Aspen: City Manager 130 South Galena Street Aspen, Co. 81611 with Copy to: City Attorney 130 South Galena Street Aspen, Co. 81611 7. Binding Effect. The provision of this agreement shall run with and constitute a burden on the land on which the Project is located and shall be binding on an inure to the benefit of the Owner's and the City's successors, personal representatives and assigns. 8. Amendment. The Agreement may be altered or amended only by written instrument executed by the parties. 9. Severability. If any of the provisions of this Agreement are determined to be invalid, it shall not affect the remaining provisions hereof. ATTEST: a 7 11(~I~"~lt(~1111!~I(~IWll~/I~(~1'flll"II"1 ~~;~~~! ~~. 33P o R 56.00 0 0.00 APPROVED AS TO FORM: .~~ John wo~r, ity Attorney OWNER: MILLENNIUM PLAZA LLC BY:~ ~ // Lowell Me";:;{ Meyer.SIA 111111111111111111111111 ~~;~~~! ~~ 33P JRNICE K vas CAUDILL PITKIN COUNTY CO R 56.00 0 0.00 8 .~hlco~~uEnt! January 18, 2006 111111111111I111111111 524422 City of Aspen Community Development City Hall 130 S Galena Street. Aspen CO, 81611 JRNICE K vas CRUDILL PITKIN COUNTY CO Page: 9 of 11 OS/23/2006 02 R 56.00 0 0.00 33P Re: 426 East Main Street - Parking agreement with Police Chief and Sheriff. To Whom It May Concern: This lelter serves as confirmation of the agreement reached with the Police and Sheriff's Department regarding the use of the Galena Street parking spaces by emergency vehicles. It is Silich Construction's understanding that no construction vehicles will be allowed to park in the parking spaces used by the Police and Sheriffs Department during the construction of the new building at 426 E Main Street. This agreement confirms that the City Engineer approved the Construction Management Plan; Revision 2 dated January 4,2006 as submitted by Silich Construction for this project. In limited instances Silich Construction will apply for the appropriate permits as issued by the City of Aspen 10 stage construction vehicles on portions of the parking spaces on Galena Street. These encroachments will be short term and will not span over multiple days. The occupation of the right-of-way will comply with the tenus and condilions of the permit. Silich Construction will notify representatives of the Police- and Sheriff's Departments one week prior to the anticipated encroachment. This notification will be confirmed twenty four hours prior to the anticipated encroachment. On the day of the encroachment, confirmation will again be made. The confirmation notification will take place via emait. Signed in Pitkin County by: ~ J-~ Chief of Police City of Aspen c~ lJr~ltL hn Silich, esident, Hch Construction Inc. Bob Braudis Sheriff Pitkin County DC::, 01 /'1 c:> {p Date / - N-(k Date ASPEN 910,nO.2299 PilONf 9709253919 fAX 304 Soulh Galena Sl, Side B A;pen, CO 816'1 BASALT 910,927.3777 PHONE . 970.9273947 FAX [30 Park Avenue &!,all, CO 81611 VAIL 9lO.926,4465 PHON!: ' 910-926.4<169 FAX m ~dwords Viloge S:'Id, SUite M04 fdwords, CO B1632 . . DEVELOPMENT ORDER City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site-specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also b~ the initiation date of a seven (7) -year vested property right. The vested property right shall expire on the day after the seventh anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.0 I O. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site-specific development plan as described below. Property Owner's Name, Mailinl! Address and telephone nnmher: Millennium Plaza, LLC; c/o Lowell Meyer; PO Box 1247; Aspen, CO 81611 970.925.9094. Lel!al Description and Street Address of Suhiect Property: 426 East Main Street, Aspen, CO, 81611. Legally described as Unit IA of the Galena Plaza Condominiums as shown on the plat thereof recorded in Book 49 at Page 82 of the Pitkin County Clerk and Recorder. Written Description of the Site Specific Plan and/or Attachment Describinl!: Plan: The City Council approved a redevelopment plan consisting of a four-level mixed-use (residential and commercial) building. One level open to a sunken courtyard. One free- market residence, 3 affordable residences, approximately 2,100 square feet of commercial space, and appurtenant storage and accessory space as more precisely described in Ordinance No. 29, Series of 2005, and depicted in the land use application on file with the City of Aspen. Land Use Approval Received and Dates: City Council Ordinance No. 29, Series of2005, attached, approved May 23,2005. Effective Date of Development Order: July 3, 2005. (Same as date of publication of notice of approval.) Expiration Date of Development Order: July 3, 2008. (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.0 I 0 of the City of Aspen Municipal Code.) '''"CL\~ d~e 2005. bS "" C;,S of Asp," Comm",'" Dwel"me"' D'~", Chris Bendon, AICP Community Development Director City of Aspen 111111111111I111111111 :;~;:~t~f 0i \3P JRNICE K vas CRUDILL PITKIN COUNTY CO R 56.00 o 0.00 GIDEON I. KAUFMAN. HAL S. DISHLER" PATRICK D. MCALUSTER LAW OFFICES OF KAUFMAN, PETERSON & DISlll.ER, P.C. BROOKE A. PETERSON OF COUNSEL . ALSO AD"'ITTIiD IN P'lARYLAND .. AUO ADMITTED IN TEXAS 315 EAST HYMAN AVENUE. SUITE 305 ASPEN. COLORAOO 81611 TELEPHONE (970) 915-8166 FACSIMILE (970) 915.' 090 May 16, 2006 f:/t7'-/~ Oi!:.tc1:JI,v1lt....- 7l) Ap~ John Worcester Aspen City Attorney 130 South Galena Aspen, CO 81611 Re: Check Deposit for Subdivision Agreement for Main & Galena Building, 426 East Main Street Dear John: I write this letter on behalf of Millennium Plaza, LLC. Enclosed please find their check in the amount of $16,225.00, which is being given to you as security for public improvements and landscaping as required in Item No. 4 of the Subdivision Improvements Agreement for the project at 426 East Main Street. This money will provide financial assurances that the public improvements and landscaping work will be performed as required in the subdivision Improvements Agreement. It is my client's understanding that this money will be refunded upon the completion of the public improvements and landscaping. sincerely, ETERSON & DISHLER, P.C. ional Corporation By 0. '" '" ~ " ~N '" ... '" N OlOS N ....~s _ ~N .... ,0 '<t ,,'" NON 0" l!l .10 c.",,,, '" III 10 '" o u >- >- z " o u z " >- ~ c. -' -' " " co U if> " > 1665 MILLENIUM PLAZA LLC P. o. BOX 1247 ASPEN. CO 81612 DATE S -I <"-0<" PAY b9tJHJOF(" iJry o~ ~a\ <~'\C..w.." "\'..o...s:~. -4-wo ~ . \-..:::.~...~ ~\Ic. I ~~~'@ usban~a>n $ \(.., U. ~ .00 -- DOllARS FOR (.d"\,'lJ~ ~ 251.,0 U 2 2?BI.,II' 11'000000 H, b 511' .: ~o 20000 2 ~I: 23-211020 254 f?J --. ~..,.,.. t a...,.,".. -. ...